Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 25, 2013, at 1:29 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included eight agenda items, 16 public comments, and eight motions and votes.

The Commission addressed a range of planning and zoning matters. Four items were approved: Ball Homes, LLC's Zoning Map Amendment and Harvey Property Zoning Development Plan; regulations on Parking and Storage of Business Vehicles, Trailers, Equipment, and Associated Materials; the Abatement of Zoning Ordinance Violations; Fayette County Public Schools' Purchase of Property for Early Childhood Program; and the Initiation of Expansion to Existing H-1 Overlay Zone. Two items were postponed: the Distillery District West (AMD) Subdivision Plan and Temporary Signs. One item, Vehicle Repair Accessory to Residential Use, was deferred.

Attendance

Present: - Eunice Beatty - Carla Blanton - Patrick Brewer - Mike Cravens - David Drake - Karen Mundy - Mike Owens - Frank Penn - Carolyn Plumlee - Bill Wilson

Absent: - Will Berkley

Late: None recorded

Votes and Decisions

MAR 2013-13: Ball Homes, LLC Zoning Map Amendment 2:13:52

Motion by Mike Brewer, seconded by Mike Cravens. The motion to approve a zoning map amendment from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3) for 24.88 net acres at 4500 & 4524 Old Schoolhouse Lane passed by roll call vote 10-0. All members voted in favor: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, and Bill Wilson. The approval is conditioned on Urban County Council rezoning the property to R-3 and includes 17 conditions addressing drainage, traffic, landscaping, tree inventory, greenways, environmental quality, and archaeological documentation.

ZDP 2013-58: Harvey Property Revised Preliminary Development Plan 2:14:59

Motion by Bill Wilson, seconded by Mike Cravens. The motion to approve the revised preliminary development plan for Harvey Property (E. Maurice Neal, W.E. Savage, and Hampton Springs) passed by roll call vote 10-0. All 11 members voted in favor. The approval includes 17 conditions addressing infrastructure, landscaping, environmental review, and design elements.

ZODA 2013-4: Vehicle Repair Accessory Text Amendment 2:46:49

Motion by Ms. Plumlee, seconded by Mr. Cravens. The motion to approve a text amendment for vehicle repair accessory to residential use failed by roll call vote 5-5. Voting in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, David Drake, and Mike Owens. Voting against: Will Berkley, Mike Cravens, Karen Mundy, Frank Penn, Carolyn Plumlee, and Bill Wilson.

ZODA 2013-5: Business Vehicles and Equipment Storage Text Amendment 2:37:10

Motion by Mr. Cravens, seconded by Ms. Plumlee. The motion to approve a text amendment for parking and storage of business vehicles, trailers, equipment, and associated materials passed by roll call vote 10-0. All members voted in favor.

ZODA 2013-6: Temporary Signs Text Amendment 2:48:59

Motion by Mr. Cravens, seconded by Ms. Plumlee. The motion to approve a text amendment for temporary signs resulted in a 5-5 tie vote and was postponed. Voting in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, David Drake, and Mike Owens. Voting against: Will Berkley, Mike Cravens, Karen Mundy, Frank Penn, Carolyn Plumlee, and Bill Wilson.

ZODA 2013-7: Zoning Ordinance Violations Abatement Text Amendment 2:58:41

Motion by Mr. Wilson, seconded by Ms. Plumlee. The motion to approve a text amendment for abatement of zoning ordinance violations passed by roll call vote 10-0. All members voted in favor.

PFR 2013-4: Fayette County Public Schools Public Facility Review 3:06:26

Motion by Ms. Plumlee, seconded by Mr. Cravens. The motion to approve a public facility review for Fayette County Public Schools' purchase of property at 465 Spring Hill Drive for an early childhood program passed by roll call vote 10-0. All members voted in favor.

H-1 Overlay Expansion: Western Suburb Historic District 3:18:59

Motion by Mr. Wilson, seconded by Ms. Plumlee. The motion to initiate expansion of the existing H-1 overlay zone for Western Suburb Historic District passed by roll call vote 10-0. All members voted in favor.

Public Comment

Sixteen residents provided public comment on the development proposal, raising concerns across multiple areas.

Support for the Plan

Jeff Stringer, owner of the historic South Elkhorn Schoolhouse, expressed satisfaction with the development plan and agreements with Ball Homes, particularly regarding protection of the historic structure and appropriate buffering [1:01:09].

Traffic and Road Safety Concerns

Multiple residents questioned the viability of Agape Drive as a collector street. John Yoswick argued that the Twain Ridge bridge will never be built and that Agape Drive is too narrow for projected traffic [1:11:01]. Lenita Clark emphasized that the narrow road would make the area more dangerous, especially with children present [1:14:50]. Bob Patti, a former DOT supervisor, stated that Agape Drive is only 31 feet wide and cannot function as a collector street [1:17:39]. David Kolpeck argued the development plan fails to address real traffic flow issues [1:19:45]. Roger Schnabel urged commissioners to test the road before voting [1:33:19]. Fred Wolstein raised concerns about the sewer system's capacity and the corridor's high accident rate [1:45:14]. Justin Williamson, president of the Dogwood Trace Neighborhood Association, summarized widespread neighborhood opposition citing traffic and road width concerns [1:53:55].

Environmental and Tree Protection

Christina Dudak raised concerns about a bur oak tree, school district overcrowding, green space, and lack of transparency regarding a burial mound issue disclosed only at 1 p.m. [1:13:14]. Kenneth Collins expressed concern that the development contradicts green sensibilities, particularly regarding the 300-year-old bur oak tree [1:27:21]. Dr. Lauren Larson raised concerns about the bur oak tree, underground springs, and lack of geotechnical surveys [1:34:23].

Other Concerns

Ray Waits expressed security concerns due to increased development and requested a fence to protect his property from trespassers [1:04:19]. Shannon Mazzard opposed the rezoning, arguing that converting agricultural land to high-density housing contradicts the comprehensive plan [1:23:34]. Roger Marion, a retired geologist, warned of potential risks from blasting and construction, including ground vibration and water contamination [1:29:31]. Josh Fane argued the area is already overdeveloped [1:39:10]. Tom Keeler argued the development should be rezoned to R1 or R2 due to excessive density [1:41:27].

Contested Items

Zoning of Harvey Property

The proposal to rezone the Harvey Property encountered substantial community opposition centered on multiple concerns. Residents raised objections regarding traffic impacts and road capacity, particularly regarding the narrow width of Agape Drive and the absence of a bridge to Twain Ridge. Environmental protection emerged as a key issue, with community members advocating for the preservation of a 300-year-old bur oak tree on the property. Additional concerns focused on public safety, with residents worried about potential increases in accidents resulting from the proposed development.

Temporary Signs Amendment

The motion to approve a temporary signs amendment resulted in a tied vote of 5-5, preventing passage and necessitating postponement for additional discussion. The division reflected disagreement over the permitting and enforcement burden associated with the amendment, indicating deep splits among decision-makers about the practical implications of the proposed changes.

Archaeological Site and Burial Mound

A newly discovered pre-Columbian burial mound on or near the development site generated heated discussion among meeting participants. The central dispute concerned whether the developer's archaeological report provided sufficient documentation and analysis. Additional debate focused on whether supplementary conditions should be imposed to verify the precise location of the archaeological site and ensure appropriate protections for the burial mound.

Ball Homes, LLC – Zoning Map Amendment & Harvey Property (E. Maurice Neal Property, W.E. Savage Property & Hampton Springs) Zoning Development Plan

The Planning Commission considered a zoning map amendment request by Ball Homes, LLC to rezone 24.88 net acres from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3) 10:05.

Proposal Details

The proposed development includes 196 multi-family units and 45 single-family homes on the rezoned property, which encompasses the E. Maurice Neal Property, W.E. Savage Property, and Hampton Springs areas.

Key Speakers and Discussion

Ms. Wade, Mr. Martin, and Mr. Lear participated in the discussion of this agenda item.

Conditions and Requirements

The Planning Commission approved the zoning map amendment with 14 conditions. These conditions addressed multiple areas including:

• Infrastructure requirements
• Environmental protection measures
• Historic preservation considerations

Outcome

The Planning Commission approved the zoning map amendment request.

Distillery District West (AMD) (9/19/13) – Subdivision Plan

Plan Identifier: PLAN 2013-78F

The Planning Commission discussed the Distillery District West subdivision plan amendment during this meeting. 8:31

Key Speaker: Justin Drury

Concerns Raised:

The Commission identified concerns regarding sanitary sewer service for the proposed subdivision. These infrastructure concerns required additional attention before the plan could move forward.

Action Taken:

The Planning Commission postponed consideration of PLAN 2013-78F to allow for necessary revisions to the plan. The petitioner requested a two-week postponement, which the Commission granted. The item was rescheduled for the August 8, 2013 meeting.

Outcome: Postponed

Vehicle Repair Accessory to Residential Use

The Planning Commission considered a text amendment (ZODA 2013-4) to allow vehicle repairs as an accessory use to residential properties, subject to specific restrictions on vehicle size, location, and ownership 2:24:08.

Proposal Overview

The amendment would permit vehicle repair activities on residential properties with limitations designed to minimize impacts on neighboring properties. The proposed restrictions addressed vehicle dimensions, where repairs could occur on a lot, and requirements related to vehicle ownership.

Discussion and Speakers

Mr. Marks participated in the discussion of this agenda item.

Outcome

The motion to approve the text amendment resulted in a tie vote, which prevented passage. Due to this outcome, the matter was deferred and referred back for further discussion rather than being approved or rejected outright. This allows the Planning Commission to revisit the proposal with the opportunity to address concerns or modifications that may have contributed to the divided vote.

Parking and Storage of Business Vehicles, Trailers, Equipment, and Associated Materials

The Planning Commission considered a text amendment (ZODA 2013-5) to regulate the parking and storage of business vehicles, trailers, equipment, and associated materials 2:27:54.

Presentation and Discussion

Mr. Marks presented the proposed ordinance amendment, which addressed regulations for business vehicle storage, including specifications for trailer size and permitted contents.

Key Changes

The Commission approved the amendment with modifications to the original proposal:

• The restriction on equipment types was removed
• Axle requirements were clarified

Outcome

The Planning Commission approved the text amendment as modified.

Temporary Signs

The Planning Commission considered a text amendment (ZODA 2013-6) regarding temporary signs, which would require permits for temporary signs and reduce their duration. 2:37:45

Mr. Marks participated in the discussion of this agenda item.

The motion on the proposed amendment resulted in a tie vote, which prevented the measure from passing. Due to this outcome, the item was postponed for further discussion at a future meeting.

Abatement of Zoning Ordinance Violations

The Planning Commission considered a text amendment (ZODA 2013-7) to expand the city's abatement authority for zoning ordinance violations 2:49:31.

Proposal

The amendment would broaden abatement authority to include continuing public nuisances, such as persistent signage violations. The expansion would allow city staff to resolve certain violations without requiring court action.

Discussion

Mr. Marks presented the item to the Planning Commission.

Outcome

The Planning Commission approved the text amendment to expand abatement authority for zoning ordinance violations.

Fayette County Public Schools – Purchase of Property for Early Childhood Program

The Planning Commission reviewed a request from Fayette County Public Schools to purchase a property located at 465 Spring Hill Drive for use as an early childhood education program 3:00:19.

Property and Program Details

The property is currently zoned residential. The early childhood program will serve children with special needs.

Commission Action

Barbara Rackers presented the request to the Commission. Following review, the Planning Commission approved the purchase of the property for the early childhood program.

Initiation of Expansion to Existing H-1 Overlay Zone

3:07:11

The Planning Commission considered a request to expand the Western Suburb Historic District by adding five additional parcels to the existing H-1 Overlay Zone. Ms. Wade and Bill Johnston presented the expansion proposal to the Commission.

The expansion request received unanimous support from the affected property owners and was endorsed by the Bluegrass Trust for Historic Preservation, indicating broad community backing for the initiative.

The Commission approved the expansion of the H-1 Overlay Zone.