Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on February 27, 2014, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Mr. Owens presiding. The Commission addressed five agenda items during the session, including corrections to previous meeting minutes and four development-related matters. The Commission took six votes throughout the meeting and heard five public comments from attendees. Four of the five agenda items were approved, including the Harvey Property Development Plan and both the zone change and zoning development plan for Haymaker Development Company, while the Boone Creek Properties Zone Change was postponed for future consideration.

Attendance

The following Commission members were present at the February 27, 2014 meeting:

• Will Berkley
• Carla Blanton
• Patrick Brewer
• David Drake
• Karen Mundy
• Mike Owens
• Frank Penn
• Carolyn Plumlee
• Bill Wilson

Absent: • Mike Cravens

Nine of the ten Commission members attended the meeting, establishing a quorum for conducting official business.

Votes and Decisions

The Commission took six votes during the February 27, 2014 meeting, with five passing unanimously and one passing by a 6-3 margin.

Meeting Minutes Correction 0:00 Carolyn Plumlee motioned to approve the correction to the December 19, 2013 meeting minutes, seconded by Frank Penn. The motion passed unanimously 9-0.

DP 2013-96 - Harvey Property Development Plan 2:00 The Commission approved the Harvey Property development plan with 15 conditions outlined by staff and a waiver. The motion passed unanimously 9-0 by roll call vote, with all nine commissioners voting in favor: Will Berkley, Carla Blanton, Patrick Brewer, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, and Bill Wilson.

MAR 2014-3 - Haymaker Development Zone Change 3:00 Patrick Brewer motioned to approve the zone change for Haymaker Development Company. The motion passed unanimously 9-0 by roll call vote, with all commissioners voting in favor.

ZDP 2014-7 - Haymaker Development Zoning Plan 4:00 Patrick Brewer motioned to approve the zoning development plan for Haymaker Development Company with a waiver and 15 staff conditions, seconded by David Drake. The motion passed unanimously 9-0 by roll call vote.

Boone Creek Properties Conditional Use Denial 5:00 Frank Penn motioned to deny hearing the conditional use application for Boone Creek Properties. The motion passed 6-3 by roll call vote. Voting in favor: Will Berkley, Carla Blanton, Patrick Brewer, David Drake, Karen Mundy, and Mike Owens. Voting against: Frank Penn, Carolyn Plumlee, and Bill Wilson.

MARC 2014-1 - Boone Creek Properties Postponement 6:00 Frank Penn motioned to postpone the zone change application for Boone Creek Properties, seconded by Carolyn Plumlee. The motion passed unanimously 9-0 by roll call vote.

Public Comment

Five residents spoke during the public comment period, all addressing concerns about the Harvey Property development proposal.

Kate Giuliani opened the public comment session 1:00, expressing opposition to the Harvey Property development. She raised concerns about the environmental impact of the proposed project and questioned whether the development was necessary given the existing unoccupied apartments in the area.

Kim Crocetti followed 1:30, focusing specifically on traffic concerns related to the Harvey Property proposal. Crocetti questioned whether the current street system would be adequate to handle the increased traffic volume that would result from the proposed development.

Roger Marion addressed the Commission 2:00 regarding geological concerns for the Harvey Property development. Marion discussed the potential impact the development could have on the area's karst geology and raised questions about effects on local water quality.

Dr. Lauren Larson spoke next 2:30, presenting safety and environmental concerns about the Harvey Property proposal. Dr. Larson expressed specific concerns about the safety of the proposed development's slopes and highlighted the potential loss of significant trees that would result from the project.

Christina Dudek concluded the public comment period 3:00 by questioning the density calculations for the Harvey Property development. Dudek also expressed concerns about the environmental impacts the project would have on the surrounding area.

All five speakers focused their comments on various aspects of the Harvey Property development, with concerns spanning environmental impact, traffic capacity, geological effects, safety issues, and development density. No speakers voiced support for the proposal during this public comment session.

Contested Items

The February 27, 2014 Commission meeting featured one significant contested item that generated procedural debate among commissioners.

Boone Creek Properties Conditional Use Application

The primary point of contention centered on whether the Commission should proceed with hearing a conditional use application from Boone Creek Properties. The dispute was fundamentally procedural in nature, with commissioners disagreeing about the appropriateness of moving forward with the application review given the legal circumstances surrounding the matter.

The debate focused on ongoing court cases and legal complexities that were directly related to the conditional use request. Commissioners expressed concerns about the potential implications of proceeding with the hearing while litigation was pending, questioning whether it would be prudent or legally sound to make determinations on the application under these circumstances.

The legal complexities appeared to create uncertainty about the Commission's authority to act on the matter and whether any decision made could be affected by the outcomes of the pending court proceedings. Some commissioners argued for postponing consideration until the legal issues were resolved, while others may have favored proceeding with the standard review process.

The procedural dispute highlighted the challenges local government bodies face when dealing with development applications that become entangled in litigation. The Commission had to balance their regulatory responsibilities with the practical and legal considerations posed by active court cases.

*Note: Specific details about individual commissioner positions, the exact nature of the court cases, and the final outcome of this procedural debate were not available in the provided meeting data. Readers seeking complete information about this contested item should refer to the full meeting transcript or video recording.*

Correction of Minutes

0:00 The Commission addressed corrections to the minutes from their December 19, 2013 meeting.

Key speakers during this discussion included Carolyn Plumlee and Frank Penn, who participated in reviewing the proposed corrections to the previous meeting's record.

The Commission reviewed the necessary corrections to ensure the December 19, 2013 minutes accurately reflected the proceedings and decisions made during that meeting. The specific nature of the corrections was discussed among the commissioners present.

Following their review and discussion of the proposed changes, the Commission approved the correction to the December 19, 2013 meeting minutes. This approval ensures the official record accurately documents the Commission's previous proceedings and maintains the integrity of their meeting documentation.

Harvey Property Development Plan

2:00

The Commission reviewed agenda item DP 2013-96, the Harvey Property Development Plan, during their February 27, 2014 meeting. The discussion centered on a revised development plan that included specific conditions and a waiver request.

Key speakers during the discussion included Mr. Martin and Bill Lear, who presented details about the revised proposal and addressed questions from commissioners regarding the development specifications and requirements.

The development plan had undergone revisions since its initial submission, with the updated version incorporating changes to address previous concerns or requirements. The discussion included consideration of both the conditions attached to the development plan and a waiver that was being requested as part of the approval process.

After reviewing the revised Harvey Property Development Plan and hearing from the presenters, the Commission voted to approve DP 2013-96. The approval allows the development to move forward under the specified conditions and with the requested waiver granted.

The Harvey Property development represents another step in the community's ongoing growth and development planning, with the Commission ensuring that the project meets established standards and requirements before granting approval.

Haymaker Development Company Zone Change

3:00

The Commission reviewed agenda item MAR 2014-3, a zone change request submitted by Haymaker Development Company. The proposal sought to rezone property from residential use to light industrial and professional office zones.

Ms. Wade and Mr. Martin served as the primary speakers during the discussion of this zoning matter. The Commission examined the merits of converting the residential-zoned land to accommodate light industrial and professional office development.

The zone change request was ultimately approved by the Commission, allowing Haymaker Development Company to proceed with their proposed development under the new light industrial and professional office zoning classifications.

*Note: Additional details about the specific property location, size, development plans, public comments, or conditions of approval were not available in the provided meeting materials.*

Haymaker Development Company Zoning Development Plan

4:00

The Commission reviewed agenda item ZDP 2014-7, a zoning development plan submitted by Haymaker Development Company. The discussion centered on the proposed development and included consideration of a waiver request for cul-de-sac length requirements.

Mr. Martin served as the primary speaker presenting details of the development plan to the Commission. The plan required review under the city's zoning development procedures, with particular attention given to street design standards.

A key component of the discussion involved the developer's request for a waiver from standard cul-de-sac length regulations. This waiver was necessary to accommodate the specific layout and design constraints of the proposed development site.

The Commission evaluated the merits of both the overall zoning development plan and the accompanying waiver request. After reviewing the proposal and hearing the presentation, the Commission voted to approve ZDP 2014-7, including the requested cul-de-sac length waiver.

The approval allows Haymaker Development Company to proceed with their development project under the terms outlined in the zoning development plan, with the granted exception for cul-de-sac length requirements.

Boone Creek Properties Zone Change

6:00

The Commission considered agenda item MARC 2014-1, a zone change application for Boone Creek Properties. Mr. Murphy served as the key speaker for this discussion item.

During the meeting, the Commission determined that the hearing for this zone change application should be postponed rather than proceeding with the scheduled discussion. The specific reasons for the postponement and details about the proposed zone change were not elaborated upon in the available meeting materials.

The Commission's decision resulted in the Boone Creek Properties zone change hearing being rescheduled for a future meeting date. No further action was taken on this application during the February 27, 2014 session.