Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 21, 2013, at 1:30 p.m. in the Council Chamber on the 2nd Floor of the LFUCG Government Center located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included four agenda items, eight public comments, and four motions voted on by the commission.

The commission addressed four matters during the session. The Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3 was postponed. Three items were approved: a Zoning Map Amendment regarding a Conditional Zoning Restriction Modification; a Zoning Map Amendment to rezone 920 Citation Boulevard from R-3 to P-2; and a proposal for an Emergency Services Center at 115 Cisco Road.

Attendance

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

Absent: - Eunice Beatty

Late: None recorded

Votes and Decisions

DP 2013-90: Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3 21:18

A motion to postpone this item was made by Mike Cravens and seconded by Patrick Brewer. The motion passed by roll call vote with 8 ayes and 2 nays. Voting in favor were Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, and Frank Penn. Voting against were Carolyn Plumlee and Bill Wilson. Staff was directed to address concerns related to drainage, storm and sanitary sewers, traffic cross-sections, landscaping, street names, tree preservation, bike and pedestrian facilities, fire hydrant locations, refuse collection, water quality certification, access easement finding, private open space, lotting, and building line conflicts.

MAR 2013-16: Zoning Map Amendment for Newtown Springs Drive and Newtown Center Way Properties 36:45

A motion to modify conditional zoning restrictions for properties at 760, 789 Newtown Springs Drive, and 1433, 1445 Newtown Center Way was made by Bill Wilson and seconded by David Drake. The motion passed by roll call vote with 9 ayes and 1 nay. Voting in favor were Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, and Bill Wilson. Voting against was Carolyn Plumlee. The developer shall construct a three-plank horse farm fence generally parallel to the Legacy Trail along Newtown Pike, with landscaping to meet Zoning Ordinance requirements.

MAR 2013-17: Zoning Map Amendment for 920 Citation Boulevard 1:02:19

A motion to rezone property at 920 Citation Boulevard from Planned Neighborhood Residential (R-3) to Office, Industry & Research Park (P-2) was made by Bill Wilson and seconded by Patrick Brewer. The motion passed by roll call vote with 9 ayes and 1 nay. Voting in favor were Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, and Bill Wilson. Voting against was Carolyn Plumlee. Conditions include a 50-foot landscape buffer along western and southern boundaries, maintenance of trees greater than 4 inches DBH, and staff notification of present neighborhood residents prior to development plan filing.

PFR 2013-9: Emergency Services Center at 115 Cisco Road 1:15:02

A motion to approve an emergency services center at 115 Cisco Road was made by Will Berkley and seconded by Mike Cravens. The motion passed by roll call vote with 9 ayes and 1 nay. Voting in favor were Will Berkley, Carla Blanton, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, and Bill Wilson. Voting against was Carolyn Plumlee. Conditions require supplemental landscaping along northern and eastern property lines and maintenance of the existing parking layout with secured access.

Public Comment

Eight speakers addressed the board during the public comment period, raising concerns about three pending matters.

DP 2013-90 Postponement

Michael Galbraith requested that neighborhood residents be allowed to register opposition and ask questions during the current hearing, noting that a postponement would require them to reorganize for another meeting. 17:35

MAR 2013-16 Fence Design

Chris Jones noted that the Red Cross buildings across Citation Boulevard have a four-plank fence, suggesting consistency with existing fencing along Newtown Pike. 36:14

MAR 2013-17 Landscaping and Notification

Stacy May expressed concern that the current tree line does not provide adequate sound buffering and asked if additional landscaping would be required. 50:53

Jon Nicholas asked if Belmont Farms residents would be notified in advance of a development plan filing, noting the lack of a formal notice requirement. 52:32

MAR 2013-17 Development Plan Concerns

Chris Jones expressed concern about the lack of a development plan, citing potential noise, intercom systems, and building placement issues. 54:09

Darryl Strode raised concerns about the unknowns of the development, including truck traffic, noise, diesel fumes, and whether other sites on the Coldstream Research Campus were considered. 57:27

MAR 2013-17 Notification Motion and Land Use Context

Carolyn Plumlee suggested adding a separate motion to ensure neighborhood residents present at the meeting are notified prior to development plan consideration. 59:02

Plumlee also noted that the area is a food desert, which may contribute to slow occupancy of nearby residential developments. 1:00:43

Contested Items

The meeting included three areas of significant disagreement among commission members and community participants.

Fence Design in MAR 2013-16

Commission members split on the appropriate fence design for the project. The debate centered on whether a three-plank fence was suitable despite its less traditional appearance. Supporters of the three-plank design argued it would provide better viewshed along the Legacy Trail. Others preferred a four-plank fence, citing its more attractive appearance. This represented a divided vote among commissioners on the aesthetic and functional priorities for the fence design.

Lack of Development Plan in MAR 2013-17

Community residents raised concerns about the absence of a development plan for the project. Residents expressed opposition over the lack of transparency regarding the facility's operations and specifications. Their concerns included potential noise impacts, truck traffic, and uncertainty about the facility's size and operational details. This community opposition reflected broader worries about proceeding without clear planning documentation.

Notification of Neighbors for MAR 2013-17

A procedural dispute arose regarding neighbor notification requirements. A motion was made to require formal notification of present neighborhood residents before a development plan is filed. This motion was notable because it sought to establish a notice requirement that did not exist as a standard procedural requirement for development plan filings. The dispute centered on whether such advance notification should be mandated despite the absence of an established standard notice requirement.

Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3

Agenda Item: DP 2013-90

The Planning Commission reviewed a proposal for Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3. 17:04

Key Speakers and Presentation

Tony Barrett and Michael Galbraith were the primary speakers on this agenda item.

Concerns Raised

The Planning Commission identified unresolved concerns from the Division of Fire and Emergency Services and solid waste issues that required attention before the proposal could move forward.

Neighbors raised objections regarding a setback conflict on the plat. Specifically, they noted that a 10-foot setback conflicted with a 30-foot requirement shown on the plat.

Petitioner Request

The petitioner requested a one-month delay to address the outstanding concerns raised by the Division of Fire and Emergency Services and to resolve the solid waste issues.

Outcome

The Planning Commission postponed review of the Springdale Subdivision proposal to allow time for these matters to be resolved.

Zoning Map Amendment: Conditional Zoning Restriction Modification

23:10

The Commission approved a zone change to modify conditional zoning restrictions affecting four parcels located at Newtown Springs Drive and Newtown Center Way.

Key Changes

The amendment modified two primary requirements: - Fence requirement: adjusted from four planks to three planks - Landscaping: modified to align with the existing agreement between the property owner and the city regarding the Legacy Trail

Rationale for Modification

The modifications were necessitated by unanticipated physical changes resulting from the Legacy Trail's construction. The adjustments ensure that the conditional zoning restrictions reflect current site conditions and the trail's impact on the properties.

Recommendation and Approval

Both staff and the committee recommended approval of the zone change. The Commission voted to approve the modification.

Key Speakers

The discussion involved Traci Wade, Mike Owens, Frank Penn, and Chris Jones.

Outcome

The zoning map amendment was approved, allowing the conditional zoning restrictions on the four parcels to be modified as presented.

Zoning Map Amendment: R-3 to P-2 for 920 Citation Boulevard

37:58

The Commission considered a rezoning application for a 16-acre parcel at 920 Citation Boulevard, proposing a change from Planned Neighborhood Residential (R-3) to Office, Industry & Research Park (P-2).

Justification for the Rezoning

The applicant presented several reasons supporting the rezoning. The property's isolation from other residential areas was cited as a key factor, along with a poor market for multifamily housing development on the site. The proposed P-2 designation was presented as suitable for a distribution facility use.

Key Speakers and Discussion

The following individuals participated in the discussion: Traci Wade, Frank Penn, Stacy May, Jon Nicholas, Chris Jones, Darryl Strode, and Carolyn Plumlee.

Conditions and Protections

The Commission imposed conditions to mitigate impacts on adjacent properties. A 50-foot landscape buffer was mandated along zones designated for residential use. Additionally, the Commission passed a separate motion requiring that present neighbors be notified before any development plan review proceeds.

Outcome

The Commission approved the rezoning from R-3 to P-2 for the property at 920 Citation Boulevard. The approval was contingent upon the implementation of the landscape buffer requirement and the neighbor notification process established by the separate motion.

Emergency Services Center at 115 Cisco Road

The Commission approved the use of 115 Cisco Road as an emergency services center 1:03:23. The facility will house E911 dispatch operations, an Emergency Operations Center, and public safety offices, operating on a 24/7 basis.

Key Speakers

The discussion included Barbara Rackers, Stephen Cherry, and Rick Curtis.

Facility Operations

The approved emergency services center will provide continuous operations around the clock to support emergency response and dispatch services for the jurisdiction.

Mitigation Measures

A significant component of the approval involved requirements for enhanced landscaping and screening. These measures are designed to mitigate the impacts of the facility on surrounding residential areas, addressing concerns about the 24/7 operations and associated activity in a residential neighborhood.

Outcome

The Commission approved the proposal for the emergency services center at this location.