Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on October 24, 2013, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting. The Commission considered five agenda items and took six votes, approving all matters brought before it. The meeting included two public comments from members of the public. The approved items included two final subdivision plans—PLAN 2013-108F for Grifftown, LLC Property and PLAN 2013-110F for Mapleleaf Subdivision, Unit 1 (Amended)—as well as a development plan for Ellerslie Place, Lots 2 & 2A (Midland Crossing). The Commission also approved a text amendment regarding the Flex Space Project in B4, I1, and I2 Zones and adopted the meeting and planning schedule for the following year.

Attendance

Present: Will Berkley, Carla Blanton, Mike Cravens, David Drake, Karen Mundy, Frank Penn, and Bill Wilson

Absent: Eunice Beatty, Patrick Brewer, Mike Owens, and Carolyn Plumlee

Late Arrivals: None

Votes and Decisions

All votes taken during this meeting passed unanimously with seven votes in favor and no votes against or abstentions.

Approval of Corrected Minutes 10:00 The corrected minutes from the September 26, 2013 meeting were approved. Motion by Mr. Wilson, seconded by Ms. Mundy. Vote: 7-0.

PLAN 2013-108F: Final Subdivision Plan for Grifftown, LLC 14:32 Approval was granted for the Final Subdivision Plan for Grifftown, LLC property at 128-132 York Street. Motion by Ms. Blanton, seconded by Ms. Mundy. Vote: 7-0. The approval is conditioned upon acceptance and approvals from the Urban County Engineer (drainage, storm and sanitary sewers), Urban County Traffic Engineer (street cross-sections and access), Building Inspection (landscaping), Addressing Office (street names and addresses), Urban Forester (tree protection areas and street tree information), addition of utility and street light easements as required, and documentation of Division of Water Quality's approval of Capacity Assurance Program requirements prior to plan certification.

PLAN 2013-110F: Amended Final Record Plat for Mapleleaf Subdivision, Unit 1 23:02 The amended final record plat was approved. Motion by Mr. Wilson, seconded by Mr. Penn. Vote: 7-0. Conditions include approvals from the Urban County Engineer, Traffic Engineer, Building Inspection, Addressing Office, and Urban Forester, along with utility easement additions and Division of Water Quality documentation. The property must be developed in accordance with the approved final development plan.

DP 2013-80: Amended Development Plan for Ellerslie Place 1:15:24 The amended development plan for Ellerslie Place, Lots 2 & 2A (Midland Crossing) was approved. Motion by Mr. Berkley, seconded by Mr. Wilson. Vote: 7-0. Numerous conditions were imposed, including multiple departmental approvals, plan corrections, and requirements that no building permits be issued for Units 36-46 until the mixed-use building on Lot 2A has been constructed.

ZOTA 2013-9: Text Amendment for Flex Space Project Use 1:47:02 A text amendment to Article 8-21 creating flex space project use in B4, I1, and I2 zones was approved. Motion by Mr. Berkley, seconded by Mr. Drake. Vote: 7-0. Eight conditions were imposed, including limits on retail merchandise and food sales (20,000 square feet) and restaurants (4,000 square feet), and geographic restrictions on where the flex space project may be located.

Meeting and Planning Schedule Adoption 1:49:42 The meeting and planning schedule for the next year was adopted. Motion by Mr. Penn, seconded by Ms. Blanton. Vote: 7-0.

Public Comment

Two speakers addressed the meeting regarding the Ellerslie Place development plan.

Bobby Clark 46:58 spoke on behalf of the Bell Court Neighborhood Association to express support for the development plan. Clark noted that the petitioner had been cooperative throughout the process and characterized the plan as a reasonable compromise. He highlighted two specific concerns that the neighborhood had prioritized: preserving the vegetative buffer and protecting the bur oak tree. Clark stated that the petitioner has committed to protecting both of these features.

Jim Griggs 1:11:41 addressed the fence and tree agreement reached with the neighborhood. Griggs confirmed that 17 property owners along the shared boundary supported the development plan, contingent upon specific conditions. He noted that these property owners agreed to the plan based on the installation of an 8-foot privacy fence across five lots, which was negotiated and agreed upon with the developer.

Contested Items

The meeting included two significant areas of disagreement among commissioners and staff regarding development conditions.

Timing Condition for Mixed-Use Building Construction

Commissioner Will Berkley questioned whether it was appropriate to require the mixed-use building to be constructed before residential units could be built. Berkley cited precedent from other CC zones where residential components were never actually constructed, suggesting the condition might be unnecessarily restrictive. Staff defended the requirement, arguing that the condition was necessary to meet the inherent requirements of the mixed-use zone itself. This disagreement resulted in a split vote among commissioners.

Enforceability of Neighborhood Agreement Notes

A heated discussion emerged regarding the enforceability of private neighborhood agreements through development plan conditions. The dispute centered on whether specific provisions—such as fence specifications and tree protection requirements—that had been negotiated in private neighborhood agreements could be legally enforced as part of the development plan conditions. Staff expressed concern about the government's role in enforcing what were essentially private restrictions between parties, rather than public regulatory requirements. This disagreement was significant enough to warrant a recess in the meeting to allow staff and commissioners to work through the language and determine the appropriate scope of enforceable conditions. The goal was to resolve which neighborhood agreement provisions, if any, could legitimately be incorporated into the official development conditions.

Final Subdivision Plan: PLAN 2013-108F - Grifftown, LLC Property

11:49

The Planning Commission reviewed the final subdivision plan for Grifftown, LLC, which proposes to subdivide one lot into three non-conforming lots located at 128-132 York Street.

Presentation and Key Speakers

Ms. Gallt and Randy Martin presented the subdivision plan to the Commission. Staff recommended approval of the final plan after the applicant satisfied specific conditions required for the non-conforming lot subdivision.

Conditions and Requirements

The approval was contingent upon the applicant meeting conditions related to non-conforming lot compliance. These conditions included:

• Proof of separate utility connections for each of the three proposed lots
• Demonstration of independent use capability for each residence

Outcome

The Planning Commission approved the final subdivision plan for PLAN 2013-108F. The approval allows the Grifftown, LLC property to proceed with subdividing the single lot into three non-conforming lots, provided all stated conditions regarding utility connections and independent residential use are satisfied.

Final Subdivision Plan: PLAN 2013-110F - Mapleleaf Subdivision, Unit 1 (Amended)

16:36

The Commission considered the amended final record plat for Mapleleaf Subdivision, Unit 1, which proposes to subdivide one lot into five lots.

Presentation and Key Issues

Ms. Gallt, Bill Sallee, and Nick Nicholson presented on this agenda item. The staff recommended approval of the amended final subdivision plan after the applicant resolved building-wall conflicts with the approved development plan. The applicant addressed these conflicts through a minor amendment to the development plan, bringing the subdivision into compliance with technical requirements.

Outcome

The Commission approved the amended final record plat for Mapleleaf Subdivision, Unit 1.

Development Plan: DP 2013-80 - Ellerslie Place, Lots 2 & 2A (Midland Crossing)

24:15

The Commission reviewed and approved an amended development plan for Ellerslie Place, a mixed-use residential project located at Lots 2 & 2A in the Midland Crossing area. The project includes 46 townhouse units and a mixed-use building.

Key Speakers

The discussion involved Mr. Martin, Bruce Simpson, Bobby Clark, and Jim Griggs.

Approval and Conditions

The Commission approved the amended development plan subject to 18 conditions. A significant timing requirement was imposed stipulating that no permits may be issued for townhouse units 36–46 until the mixed-use building has been constructed. This condition ensures coordinated development of the residential and commercial components of the project.

Additional conditions address key planning considerations:

• Pedestrian systems requirements
• Tree protection measures
• Neighborhood agreements

Outcome

The development plan was approved with all 18 conditions in place.

Text Amendment: ZOTA 2013-9 - Flex Space Project in B4, I1, and I2 Zones

1:17:18

The Commission considered a text amendment to establish a new flex space project use within B4, I1, and I2 zones. The amendment was presented by Mr. Martin and Dick Murphy.

The proposed amendment creates a flex space project use category designed to provide greater flexibility for small businesses operating in these commercial and industrial zones. The new use allows property owners and developers to accommodate diverse business types while maintaining zone integrity.

Key provisions of the amendment include:

• Requirement for a development plan review process for all flex space projects
• Limitations on retail size to prevent excessive commercialization of industrial zones
• Restrictions on retail location within flex space projects to control the character and use of industrial areas
• Applicability across B4, I1, and I2 zoning districts

The amendment addresses concerns about unintended commercialization by establishing clear parameters around retail components within flex space developments. The development plan review requirement ensures that individual projects are evaluated for compatibility with surrounding uses and zone purposes.

The Commission approved the text amendment, supporting the creation of this new use category as a means to balance economic development opportunities for small businesses with the preservation of industrial and commercial zone characteristics.

Adoption of Meeting and Planning Schedule for Next Year

1:49:42

The Commission adopted the draft meeting and planning schedule for the upcoming year. Mr. Penn presented the schedule, which had been previously distributed to Commission members and remained unchanged from the prior work session.

The schedule was approved without reported concerns or debate. The adoption of the unchanged schedule reflected the Commission's acceptance of the planning framework that had already been reviewed during the earlier work session.