Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 22, 2013, at 1:34 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 addressed 11 agenda items. The Commission took 8 motions and votes during the session and heard 5 public comments.

The meeting covered a range of planning and development matters. The Commission approved the minutes from the previous meeting and processed a consent agenda. Several development-related items were approved, including final subdivision plans, development plans, and reapproval of development plans. The Commission also held full public hearings on zoning ordinance text amendments and approved the initiation of a change to conditional zoning restrictions. Additionally, two public facility reviews were conducted and approved. One item was postponed or withdrawn during the meeting. Overall, the Commission approved the majority of items brought before it, with most agenda items resulting in approval outcomes.

Attendance

Present: Mike Owens, Eunice Beatty, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, and Bill Wilson

Absent: Carla Blanton, Patrick Brewer, and Frank Penn

Late: Bill Wilson

Votes and Decisions

The Planning Commission held eight votes on August 22, 2013, approving all items presented.

Plan 2013-78F: Distillery District West [01:30:52] The Commission approved the Final Subdivision Plan 2013-78F for Distillery District West (AMD) with a waiver for substantial completion of infrastructure. Motion by Mike Owens, seconded by Karen Mundy. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor: Mike Owens, Eunice Beatty, Will Berkley, Mike Cravens, David Drake, Karen Mundy, and Carolyn Plumlee. Approval included 13 conditions, including acceptance by the Urban County Engineer of drainage and sewers, Traffic Engineer approval of street cross-sections, and a waiver from the Planning Commission regarding substantial completion of infrastructure under Article 4-7(d)(1).

DP 2013-65: Denton Farm (Ellerslie at DeLong) [02:16:35] Development Plan DP 2013-65 was approved with revised conditions and amendments. Motion by Mike Drake, seconded by Mike Cravens. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor. The plan includes 16 conditions addressing infrastructure, landscaping, and design modifications, including elimination of one townhouse unit on the corner of Tatton Park and addition of one single-family lot along Weston Park, plus a $15,000 landscaping commitment for the condos.

DP 2013-68: Bluegrass Business Park, Lot 7 [02:32:43] Development Plan DP 2013-68 was approved with 16 revised conditions. Motion by Mike Owens, seconded by Carolyn Plumlee. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor.

DP 2002-70: Zandale Shopping Center [02:36:01] Development Plan DP 2002-70 was reapproved with revised conditions. Motion by Mike Owens, seconded by Carolyn Plumlee. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor.

ZODA 2013-8: Vehicle Storage Yard Definition [02:54:11] Zoning Ordinance Text Amendment ZODA 2013-8 was approved to amend the definition of "vehicle storage yard" to allow inoperable vehicles to be stored no longer than 60 days. Motion by Mike Owens, seconded by Carolyn Plumlee. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor.

Conditional Zoning Restrictions Change [03:06:38] Initiation of change to conditional zoning restrictions for property at 760 and 789 Newtown Springs Drive and 1433 and 1445 Newtown Center Way was approved. Motion by Mike Owens, seconded by Carolyn Plumlee. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor.

Public Facility Review 2013-5: Airport Board [03:17:29] Public Facility Review 2013-5 for the Lexington-Fayette County Airport Board's Westside General Aviation Development Area was approved. Motion by Mike Owens, seconded by Carolyn Plumlee. Roll call vote: 7 ayes, 0 nays. All seven members voted in favor.

Public Facility Review 2013-7: Bluegrass Domestic Violence Program [04:11:11] Public Facility Review 2013-7 for the Bluegrass Domestic Violence Program was approved. Motion by Karen Mundy, seconded by Mike Cravens. Roll call vote: 5 ayes, 3 nays. Voting in favor: Mike Owens, Eunice Beatty, Will Berkley, Mike Cravens, and David Drake. Voting against: Karen Mundy, Carolyn Plumlee, and Bill Wilson.

Public Comment

Five speakers addressed the board during the public comment period, raising concerns about proposed developments and zoning matters, as well as expressing support for a community program.

Denton Farm Development Plan

Albert Kelly, representing the Ellerslie Neighborhood Association, spoke at 1:14:42 to oppose the Denton Farm Development Plan. Kelly expressed concerns about the visual impact of the proposed development and cited insufficient buffer zones and landscaping. He called for 3D renderings, underground parking, and detailed architectural plans to ensure the development would be compatible with existing homes in the area.

Lot Reconfiguration Issues

James Todd raised questions at 1:32:38 about the developer's ability to construct homes on reconfigured lots before final approval. He noted that some homes were already under construction on these reconfigured lots. Todd also highlighted ongoing problems with street trees and median landscaping.

Industrial Zoning Concerns

Mike Markland spoke at 2:47:37 to warn against amendments that would allow a vehicle storage yard in a light industrial zone. He expressed concern that such an amendment would blur the distinction between light and heavy industrial zones and could establish a problematic precedent for more intrusive industrial uses in light industrial areas.

Todd Strecker addressed similar zoning concerns at 2:50:50, emphasizing the importance of maintaining existing zoning protections for long-term residents. He warned that approving industrial or commercial developments in residential areas could set a precedent with long-term consequences.

Support for Community Program

Mary O'Doherty spoke at 4:06:21 in support of the Bluegrass Domestic Violence Program. She highlighted the program's commitment to community safety and self-sufficiency, as well as its collaborative approach with neighbors. O'Doherty expressed concern that a negative vote could jeopardize the program's ability to secure necessary funding.

Contested Items

Denton Farm Development Plan

The Denton Farm Development Plan faced significant community opposition during the meeting. The Ellerslie Neighborhood Association raised concerns about the proposal's visual impact, citing inadequate buffer zones and insufficient landscaping as key issues. Residents requested that 3D renderings and detailed architectural plans be provided before the project could move forward for approval.

Bluegrass Domestic Violence Program

The public facility review for the Bluegrass Domestic Violence Program resulted in a divided vote. The proposal passed with a 5-3 vote in favor. However, the split decision reflected substantive concerns raised during deliberation, including questions about whether the program complied with the comprehensive plan's land use element. Some members also expressed worry about the precedent-setting implications of approving the facility.

Call to Order

The meeting was called to order at 1:34 p.m. by Chair Mike Owens 14:26.

Chair Owens opened the meeting by apologizing for the lack of quorum at the previous meeting. He acknowledged the importance of the agenda items that had been carried over from that session, indicating that the current meeting would address matters that had been pending.

Approval of Minutes

17:17

The meeting included consideration of minutes from multiple previous sessions. Minutes from three meetings were presented for approval:

• June 13, 2013
• July 11, 2013
• August 8, 2013

These three sets of minutes were approved unanimously by the body.

Additionally, minutes from two other meetings were on the agenda but were not distributed to members:

• June 27, 2013
• July 25, 2013

Due to their unavailability, these minutes were removed from consideration.

Key speakers on this agenda item included Mike Owens and Bill Sallee.

Outcome: The minutes from June 13, July 11, and August 8, 2013, were approved unanimously. The minutes from June 27 and July 25, 2013, were removed from consideration.

Postponements and Withdrawals

Three development permit applications were postponed during this agenda item. 23:45

DP 2013-64 (Kingston Hall) was postponed to September 12, 2013, due to a pending text amendment.

DP 2013-57 (Jones Subdivision) was postponed to September 26, 2013, at the applicant's request.

DP 2013-61 (Lakeview Industrial Subdivision) was postponed to September 12, 2013, at the applicant's request.

Richard Murphy and Mr. Martin were the key speakers during this discussion. All three items were postponed as presented, with no further action taken at this meeting.

Consent Agenda

The consent agenda was approved without discussion 28:59. The agenda included several final subdivision and development plans that were considered together as a single item.

Items Approved

The following plans were included in the consent agenda approval:

• Plan 2013-81F
• DP 2013-62
• DP 2012-45

All items were approved with conditions.

Key Participants

Bill Sallee and Mike Owens were the key speakers on this agenda item.

Outcome

The consent agenda was approved without any discussion or debate.

Final Subdivision Plans

Plan 2013-78F (Distillery District West) was presented for final approval 1:30:52. The discussion involved Bill Sallee, Tom Martin, and Justin Jura.

The plan was approved following revisions that addressed sanitary sewer concerns and clarified easements. A waiver for substantial completion of infrastructure was granted as part of the approval.

The plan received final approval.

Development Plans

DP 2013-65 (Denton Farm) was presented for discussion and approval 2:16:35. The development plan was approved with revised conditions.

Key Participants

The discussion involved Tom Martin, Tony Barrett, John Barlow, and Albert Kelly.

Outcome

The development plan was approved with the following revised conditions:

• Buffer requirements were established
• Landscaping specifications were included
• A commitment was made to add a single-family lot
• A townhouse unit was removed from the original proposal

Reapproval of Development Plans

Development Plan 2002-70 for Zandale Shopping Center was reapproved during this agenda item 2:36:01. The discussion involved Barbara Rackers and Roger Ladenberger.

The reapproval included updated conditions for the project. A key requirement was documentation of the Division of Water Quality's approval. Additionally, the reapproved plan supersedes Development Plan 2013-13.

The outcome of this agenda item was approval.

Full Public Hearings on Zoning Ordinance Text Amendments

2:54:11

The board held a full public hearing on Zoning Ordinance Docket Amendment (ZODA) 2013-8, which proposed modifications to the definition of "vehicle storage yard" in the zoning ordinance.

Proposal

ZODA 2013-8 sought to amend the zoning ordinance to allow inoperable vehicles to be stored for up to 60 days. Staff-recommended language was incorporated into the amendment during the discussion.

Key Speakers

The hearing included remarks from Tracy Wade and Dick Murphy.

Outcome

The amendment was approved. ZODA 2013-8 was adopted with the staff-recommended language included in the final text.

Initiation of Change to Conditional Zoning Restrictions

3:06:38

The Commission initiated a change to conditional zoning restrictions affecting property on Newtown Pike. The proposed modifications included a reduction in fence height and substitution of legacy trail landscaping for the original landscaping plans.

Bill Sallee and Ike Fleming were the key speakers during this discussion. The Commission reviewed the requested changes to the existing conditional zoning requirements and considered their appropriateness for the property.

The Commission approved the initiation of the change to conditional zoning restrictions.

Public Facility Review

Item V.C 3:17:29

The Public Facility Review 2013-5 for the Lexington-Fayette County Airport Board was presented for consideration. Key speakers on this item included Barbara Rackers and Charlotte McCoy.

The review found substantial compliance with the comprehensive plan. Based on this assessment, the board approved recommendations for permit and inspection requirements related to the airport facility.

The item was approved.

Public Facility Review

Agenda Item V.D 4:11:11

The council reviewed Public Facility Review 2013-7 for the Bluegrass Domestic Violence Program. Key speakers on this item included Barbara Rackers, Mary O'Doherty, and Darlene Thomas.

The review was approved with staff recommendations. However, the discussion noted concerns regarding compliance with the comprehensive plan and land use goals. Despite these concerns, the council moved forward with approval of the public facility review.

Outcome: Approved