Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 26, 2013, at 1:30 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.

The Commission addressed five agenda items during the session. One item was postponed, while the remaining four items were approved. These included approval of the Final Subdivision Plan for Willow Glen, Unit 4 (PLAN 2013-99F), approval of a Zoning Map Amendment and Development Plan (MAR 2013-14 & ZDP 2013-57), approval of another Zoning Map Amendment and Development Plan (MAR 2013-15 & ZDP 2013-75), and approval of scheduling a Public Hearing on the 2013 Comprehensive Plan. The Commission took a total of seven votes during the meeting and heard four public comments.

Attendance

Present: - Will Berkley - Carla Blanton - Patrick Brewer - Mike Cravens - David Drake - Karen Mundy - Mike Owens - Frank Penn - Carolyn Plumlee - William Wilson

Absent: - Eunice Beatty

Late: None recorded

Votes and Decisions

DP 2013-80: Postponement of Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) Development Plan 16:33

Motion by Frank Penn, seconded by Mike Cravens. The motion to postpone passed by voice vote with 10 votes in favor and 1 abstention.

PLAN 2013-99F: Approval of Willow Glen, Unit 4 (AMD) Final Subdivision Plan 23:26

Motion by Carla Blanton, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. Approval is conditioned on Urban County Engineer's acceptance of drainage, storm and sanitary sewers; Urban County Traffic Engineer's approval of street cross-sections and access; Building Inspection's approval of landscaping; Addressing Office's approval of street names and addresses; Urban Forester's approval of tree protection areas and street tree information; addition of utility and street light easements; Division of Water Quality's approval under the Capacity Assurance Program prior to plan certification; and addition of existing 5' wall and maintenance easement or revision of amendment note.

MAR 2013-14: Approval of Harrods Club, LLC Zone Map Amendment 39:23

Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. This zone map amendment modifies conditional zoning restrictions in the R-4 zone and is subject to 23 conditions, including approvals from multiple Urban County departments, reduction of units to 17, and a requirement that the Urban County Council rezone the property or the Commission action becomes null and void.

ZDP 2013-57: Approval of Jones Subdivision Zoning Development Plan 40:28

Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor, subject to 24 conditions.

MAR 2013-15: Approval of C & R Asphalt Land Acquisition Co., LLC Zone Map Amendment 51:29

Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. This amendment rezones property from I-1 to B-3 zone, subject to 12 conditions including a requirement that no restaurants be permitted at the location due to parking constraints.

ZDP 2013-75: Approval of Miller-Bird Commercial Park, Unit 1-B, Block C Zoning Development Plan 52:01

Motion by Frank Penn, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor, subject to 12 conditions.

Meeting Schedule Amendment 55:18

Motion by Karen Mundy, seconded by Patrick Brewer. The motion to amend the meeting and filing schedule to include a public hearing on the 2013 Comprehensive Plan passed unanimously by voice vote with 10 votes in favor.

Public Comment

Four speakers provided public comment during the meeting:

Mark Madison [0:16:33] – Representative from Milestone Design Group requested a two-week postponement of DP 2013-80 regarding the Ellerslie Place development plan. Madison cited staff recommendations and stated that additional time was needed to work with staff to resolve concerns with the proposal.

Al Gross [0:22:44] – Representative from EA Partners spoke in support of the Willow Glen, Unit 4 plat approval. Gross confirmed agreement with staff recommendations and the proposed conditions for the project, and emphasized that the property is intended to remain a single-family home unless a new plan is approved by the appropriate authority.

Rob Sims [0:38:52] – Petitioner for the Jones Subdivision (ZDP 2013-57) confirmed full agreement with the revised conditions for the project. Sims stated he had no additional comments or concerns regarding the proposal.

Mr. Simpson [0:50:53] – Representative from Miller-Bird Commercial Park confirmed agreement with all conditions for the project. Simpson noted that condition 14 had been removed due to a recorded reciprocal parking deed.

Postponements and Withdrawals

The Commission considered a request to postpone Development Permit 2013-80 (Ellerslie Place) 16:33.

Request and Rationale

The petitioner requested a two-week postponement of DP 2013-80 to allow additional time to address concerns raised by staff during the review process.

Discussion

Mark Madison participated in the discussion of this postponement request.

Outcome

The Commission voted unanimously to postpone DP 2013-80 (Ellerslie Place) for two weeks, granting the petitioner the requested time to work with staff on resolving the identified concerns.

Final Subdivision Plan: PLAN 2013-99F: Willow Glen, Unit 4 (AMD)

18:57

Staff presented the final subdivision plan for Willow Glen, Unit 4, a remnant parcel project. The plan was characterized as involving a parcel with existing access provided via a gravel driveway.

Staff Recommendation

Staff recommended approval of the final subdivision plan with eight conditions. Two conditions that had been previously listed were excluded from the final recommendation.

Key Speakers

• Tom Martin
• Al Gross

Outcome

The Commission approved the final subdivision plan for PLAN 2013-99F: Willow Glen, Unit 4 (AMD) with the eight recommended conditions.

Zoning Map Amendment & Development Plan: MAR 2013-14 & ZDP 2013-57

24:25

Staff presented a request to modify conditional zoning restrictions on a property located in an R-4 zone to permit development of a 24-unit apartment building. The presentation was led by key staff members including Traci Wade, Tom Martin, and Rob Sims.

The proposal involved a zoning map amendment (MAR 2013-14) and a development plan (ZDP 2013-57) that would allow the residential project to proceed with modified conditions from the existing zoning restrictions.

Through discussion and deliberation, the Commission identified specific requirements to be incorporated into the project approval. The final approval included 15 revised conditions addressing the following areas:

• Tree preservation requirements
• Modifications to the leasing office
• Improvements to Jones Trail

The Commission approved both the zone change and the development plan with these 15 conditions attached to the approval. The conditions were designed to address planning and design considerations while allowing the proposed 24-unit apartment development to move forward in the R-4 zoned area.

Zoning Map Amendment & Development Plan: MAR 2013-15 & ZDP 2013-75

41:32

Staff presented a request to rezone two properties from I-1 (Industrial) to B-3 (Business) zoning to support retail and small business development.

Key Speakers: - Traci Wade - Cheryl Gallt - Mr. Simpson

Presentation and Discussion:

The staff presentation outlined the rezoning proposal for the two properties and the associated development plan. The Commission reviewed the request and considered the appropriateness of the zone change from industrial to business use.

Conditions and Requirements:

The Commission approved both the zoning map amendment and the development plan, subject to 13 conditions. These conditions included: - Parking requirements - Water quality requirements - Additional standards to ensure compatibility with surrounding areas and protect environmental and infrastructure concerns

Outcome:

The Commission approved the zoning map amendment (MAR 2013-15) and the development plan (ZDP 2013-75) with the 13 specified conditions.

Scheduling of a Public Hearing on the 2013 Comprehensive Plan

53:05

Staff recommended amending the meeting schedule to include a public hearing on the 2013 Comprehensive Plan. The proposed hearing was scheduled for October 31, 2013, with a follow-up session planned for November 14.

Key speakers on this item included Traci Wade and Ms. Plumlee, who presented the staff recommendation for the public hearing schedule.

The motion to approve the scheduling of the public hearing passed unanimously.