Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on January 30, 2014, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included seven agenda items and resulted in eight motions and votes. The Commission approved the minutes from the previous meeting, approved two development and zoning-related items, and advanced a zoning ordinance text amendment to first reading. The meeting also included consideration of postponements and withdrawals, and the Commission heard five public comments during the session.

Attendance

Present: Eunice Beatty, Will Berkley, Carla Blanton, Patrick Brewer, David Drake, Karen Mundy, Mike Owens, Carolyn Plumlee, and Bill Wilson.

Absent: Mike Cravens and Frank Penn.

Late: Eunice Beatty arrived after the meeting had begun.

Votes and Decisions

DP 2014-1: Locust Hill Shopping Center Amendment Postponement 28:10

Motion by Patrick Brewer, seconded by Carla Blanton. The postponement of the Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) amendment passed unanimously with 8 ayes and 0 nays.

MAR 2014-2: H-1 Overlay Expansion for Western Suburb Historic District 27:38

Motion by Carla Blanton, seconded by Bill Wilson. The approval of the H-1 overlay expansion for Western Suburb Historic District passed unanimously with 8 ayes and 0 nays.

DP 2014-2: Fritz Farm, LLC Summit Lexington Bayer Property Final Development Plan 2:17:08

Motion by Bill Wilson, seconded by Carla Blanton. The approval of Fritz Farm, LLC Summit Lexington Bayer Property final development plan passed unanimously with 8 ayes and 0 nays. The plan was approved with 34 conditions including Urban County Engineer's acceptance of drainage and sewers, Traffic Engineer's approval of street cross-sections and access, Building Inspection's approval of landscaping, and various other departmental approvals and plan modifications.

DP 2014-2: Right-in/Right-out Access Waiver on Man O'War Boulevard 2:19:48

Motion by Bill Wilson, seconded by Carla Blanton. The approval of a waiver for right-in/right-out access on Man O'War Boulevard passed unanimously with 8 ayes and 0 nays, with the condition that the applicant modify the proposed design according to the Division of Traffic Engineering's design.

MAR 2013-18: RK Holdings LLC Woodward Court Subdivision Zoning Map Amendment 2:54:02

Motion by Carla Blanton, seconded by Patrick Brewer. The approval passed unanimously with 8 ayes and 0 nays.

Plan 2013-129P: Woodward Court Subdivision Preliminary Development Plan 2:54:42

Motion by Carla Blanton, seconded by Patrick Brewer. The approval passed unanimously with 8 ayes and 0 nays, with the condition to remove the construction entrance on Woodward Lane.

MAR 2013-20: Anderson Campus Rental Property Zoning Map Amendment 3:40:58

Motion by Patrick Brewer, seconded by Carla Blanton. The approval passed unanimously with 8 ayes and 0 nays, with conditions regarding open space requirements and detention area notation.

ZDP 2013-103: Anderson Campus Rental Property Zoning Development Plan 3:41:31

Motion by Carla Blanton, seconded by Patrick Brewer. The approval passed unanimously with 8 ayes and 0 nays, with the condition to denote compliance with open space requirements in the side yard and side front yard.

Public Comment

Five speakers addressed the board during the public comment period, raising concerns about two proposed developments and their impacts on the community.

Fritz Farm, LLC Summit Lexington Bayer Property Development

Hank Graddy 1:00:06 requested postponement of the development plan to allow a neighborhood meeting scheduled for February 11th. He cited a lack of prior community engagement and expressed concerns about traffic, stormwater, sewer capacity, and residential density. Graddy advocated for phasing the project and preserving the possibility of a single-point entry interchange.

Dawn Gonzalez 1:27:55 expressed concern about increased traffic and stormwater runoff from the proposed development. She compared potential traffic conditions to congestion around major malls in Los Angeles and warned that the project would exacerbate existing neighborhood traffic issues.

Edward Prentice 1:32:34 requested detailed answers on traffic flow, signalization, and infrastructure improvements related to the development. He emphasized the need for transparency and fairness in the decision-making process.

Jihad Halani 2:38:28, representing the developer, reiterated the developer's willingness to meet with neighbors. He addressed concerns about contaminated soil, stormwater, and access, stating that all issues had been resolved or mitigated.

Anderson Campus Rental Property Rezoning

Jenny Daly 3:19:39 presented a detailed critique of the developer's pattern of demolishing homes and creating what she characterized as a "student ghetto," which she argued undermines neighborhood stability. Daly contended that the rezoning contradicts the spirit of the comprehensive plan and called for a holistic, community-wide planning approach rather than project-by-project approval.

Contested Items

The meeting included two significant areas of disagreement between project proponents and community members.

Fritz Farm, LLC Summit Lexington Bayer Property Development Plan

Neighbors expressed substantial concerns about this development proposal, focusing on infrastructure and land use impacts. The primary issues raised included traffic congestion, stormwater management, sewer capacity, and the proposed residential density. Community members requested that the Commission postpone the decision to allow time for a neighborhood meeting. They also urged the Commission to consider phasing the project over time and to preserve the possibility of establishing a single-point entry interchange to address traffic concerns.

Anderson Campus Rental Property Rezoning

This rezoning proposal generated heated discussion between opponents and the developer. Opponents presented evidence documenting a pattern of demolitions and displacement associated with the project, arguing that the rezoning would undermine neighborhood stability and contradict the comprehensive plan's goals. The developer countered that the project aligned with infill development principles and was necessary to meet the housing needs of the professional workforce in the area.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chamber 11:54. Presiding officer Mike Owens welcomed members and staff to the session.

Approval of Minutes

The meeting included approval of minutes from three previous sessions. 13:02

Minutes Approved

The following minutes were presented for approval: - December 12, 2013 - December 19, 2013 - January 16, 2014

Outcome

The minutes from all three dates were approved unanimously.

Key Participants

Bill Wilson and Carolyn Plumlee were the key speakers on this agenda item.

Postponements and Withdrawals

28:10

The board discussed the postponement of DP 2014-1 (Locust Hill Shopping Center). Bob Cornett, Patrick Brewer, and Carla Blanton addressed the item.

DP 2014-1 was postponed to February 13, 2014. The postponement was necessitated by last-minute revisions to the proposal and insufficient time for staff presentation during the current meeting.

Development Plans: DP 2014-2 - Fritz Farm, LLC Summit Lexington Bayer Property

Staff presented a revised final development plan for a mixed-use project located at 4100 Nicholasville Road 29:51. The proposal includes 306 residential units and 2,565 parking spaces, organized under a phased development approach.

Staff Recommendation

Staff recommended approval of the development plan with 32 conditions. These conditions address traffic calming measures, tree canopy compliance, and design standards for the project.

Key Issues and Debate

A significant point of contention emerged regarding access design. The applicant, represented by speakers including Nick Nicholson and Edward Prentice, contested the staff-recommended right-in/right-out access design. The applicant argued that this configuration was safer than the proposed alternative.

Concerns Raised

Neighbors and other speakers, including Hank Graddy and Dawn Gonzalez, opposed the plan on multiple grounds: - Traffic impacts - Stormwater management concerns - Density of the proposed development

Outcome

The development plan was approved.

Zoning Map Amendment: MAR 2013-18 - RK Holdings LLC Woodward Court Subdivision

2:28:13

Staff presented a revised preliminary subdivision plan for a 10-acre residential development proposed by RK Holdings LLC for the Woodward Court area. The revised plan incorporated significant modifications from the original proposal.

Key Changes to the Plan

The revised plan eliminated a previously proposed connection to Woodward Lane. In its place, the development added emergency access provisions and a solid waste turnaround to address operational needs for the subdivision.

Staff Recommendation

Staff recommended approval of the zoning map amendment with revised conditions. A notable condition required the removal of a construction entrance that had been planned on Woodward Lane, further reducing the project's direct impact on that roadway.

Speakers and Discussion

The agenda item involved discussion among Bill Sallee, Tom Martin, Jihad Halani, Jimmy Eads, and J.W. Bailey, though specific details of individual positions or concerns raised during the discussion were not documented in the available record.

Outcome

The zoning map amendment was approved.

Zoning Map Amendment: MAR 2013-20 - Anderson Campus Rental Property

2:56:13

Staff presented a recommendation for approval of a zoning map amendment to change a 16-parcel site near the University of Kentucky from R1D (single-family residential) to R4 (multi-family residential) zoning. The amendment was identified as MAR 2013-20.

Proposal Details

The applicant proposed development of a 40-unit apartment building containing 56 bedrooms on the Anderson Campus rental property. The applicant argued that the rezoning supports the comprehensive plan and would serve professional workers in the area.

Key Speakers and Positions

The discussion involved Tracy Wade, Tom Martin, Dick Murphy, and Jenny Daly. Staff, represented by these speakers, recommended approval of the zone change based on comprehensive plan alignment and the stated community need for professional housing.

Concerns Raised

Neighbors opposed the rezoning, expressing concerns about a pattern of demolitions and neighborhood disruption associated with the proposed development. Their opposition centered on the impact the rezoning and subsequent development would have on the existing residential character of the neighborhood.

Outcome

The zoning map amendment was approved.

Zoning Ordinance Text Amendment: Initiation for Recreational Uses

3:42:11

Staff requested initiation of a text amendment to the zoning ordinance regarding recreational uses. This request followed two prior work sessions on the topic.

Tracy Wade presented the item to the council.

The motion to initiate the text amendment passed unanimously, moving the proposal to first reading.