Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on April 24, 2014, 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, which included four agenda items and resulted in eight motions and votes. The Commission approved the minutes from the March 27, 2014 meeting and heard four public comments during the session.

The Commission addressed four substantive matters. The initiation of a zoning map amendment for South End Park was deferred for further consideration. Two Board of Adjustment and Review (BOAR) appeals were considered: the appeal of a denial for an elevator at 458 W. 3rd Street was denied, while the appeal of a denial for kitchen demolition at 461 N. Limestone was approved.

Attendance

Present (22 people): - Will Berkley - Mike Cravens - Karen Mundy - Mike Owens - Frank Penn - Carolyn Plumlee - Joseph Smith - Bill Wilson - Chris King - Bill Sallee - Barbara Rackers - Jim Duncan - Traci Wade - Tom Martin - David Jarman - Stephanie Cunningham - Tracy Jones - Casey Kaucher - Bettie Kerr - Amelia Armstrong - Captain Greg Lengal - Lieutenant Joshua Thiel

Absent (3 people): - Carla Blanton - Patrick Brewer - David Drake

Votes and Decisions

All motions were decided by voice vote and passed unanimously with all eight board members voting in favor.

MARV 2014-7 1:16:20 — Approval of zone map amendment from R-4 to B-1 for 508 West Second Street and related development plan and variances. Motion by Bill Wilson, seconded by Karen Mundy. Passed. Approval is subject to Urban County Council rezoning to B-1, development per approved plan, a note on the plan indicating variances, a Zoning Compliance Permit requirement, hedge landscaping completion before occupancy, and a note added for future redevelopment.

MARV 2014-7 (variance) 1:16:51 — Approval of requested landscape variances for zone-to-zone screening along northwest and southwest property lines. Motion by Bill Wilson, seconded by Carolyn Plumlee. Passed. Approval is contingent on B-1 rezoning, development per approved plan, a note on the plan, a Zoning Compliance Permit, a continuous 3-foot hedge, and a note for future landscaping review.

ZDP 2014-28 1:17:23 — Approval of Zoning Development Plan for Mary Swift, et al. Property, Lot 3. Motion by Bill Wilson, seconded by Karen Mundy. Passed. The approval includes 10 conditions requiring acceptance and approval from the Urban County Engineer, Traffic Engineer, Building Inspection, Addressing Office, Urban Forester, Bike & Pedestrian Planner, Fire & Water Control, and Waste Management, as well as Capacity Assurance Program compliance, resolution of off-site parking, and maintenance of open space and detention basin.

MARV 2014-8 1:47:12 — Approval of zone map amendment from R1D to R4 for Burley Avenue and Stillwell Avenue properties. Motion by Bill Wilson, seconded by Joseph Smith. Passed. Approval is contingent on R4 rezoning, development per approved plan, a note on the plan, and a minimum 5-foot buffer with 3-foot hedge on the northeast line.

MARV 2014-8 (variance) 1:47:46 — Approval of dimensional variances for Burley Partners, LLC. Motion by Bill Wilson, seconded by Joseph Smith. Passed. Approval is contingent on R4 rezoning, development per approved plan, a note on the plan, and a 5-foot buffer with 3-foot hedge on the northeast line.

ZDP 2014-29 1:48:17 — Approval of revised Zoning Development Plan for Burley Condominiums with condition 10 deleted. Motion by Bill Wilson, seconded by Joseph Smith. Passed.

BOAR 2014-1 2:42:54 — Uphold Board of Architectural Review denial of Certificate of Appropriateness for elevator at 458 W. 3rd Street. Motion by Karen Mundy, seconded by Frank Penn. Passed.

BOAR 2014-2 4:20:09 — Issue Certificate of Appropriateness for demolition of kitchen at 461 N. Limestone and approve new construction. Motion by Frank Penn, seconded by Will Berkley. Passed. Demolition is approved under code enforcement, and new construction will be reviewed by BOAR for compliance with design guidelines.

Public Comment

Four speakers addressed the meeting with comments on three separate matters.

Burley Partners Development

Jenny Daly spoke in support of the Burley Partners project 1:43:48. She noted the developer's responsiveness to neighborhood concerns, particularly regarding parking, waste management, and stormwater management. She commended the parking plan and landscaping adjustments made by the developer.

Elevator at 458 W. 3rd Street

Two speakers addressed a proposed elevator at 458 W. 3rd Street, which had been previously denied.

Joe Clark argued in favor of the elevator application 2:10:08. He stated the proposed elevator is appropriate for the location at the rear of the property and is necessary for accessibility. He emphasized the historical significance of the trees on the property and noted the impracticality of relocating the elevator.

Steve Bale also supported the elevator application 2:26:42. He stated the elevator would set a positive precedent for accessibility on the Northside and would not harm the historic character of the neighborhood.

Kitchen Demolition at 461 N. Limestone

Joe Costa appealed a denial of a kitchen demolition request at 461 N. Limestone 4:10:41. He argued for common sense in the decision, stating the kitchen is structurally unsound and cannot be restored. He requested approval to demolish and rebuild the kitchen to ensure safety and functionality.

Appointments

Eunice Beatty resigned from the Urban County Planning Commission.

Contested Items

Demolition of Kitchen at 461 N. Limestone

A heated discussion arose regarding the proposed demolition of a kitchen addition at 461 N. Limestone. The core disagreement centered on whether the kitchen addition held historical significance and how to balance preservation concerns against code enforcement safety issues.

The applicant argued that the structure was unsafe and irreparable, making demolition the appropriate course of action. However, staff members and preservationists contended that the kitchen was historically significant and should be restored rather than removed. This fundamental disagreement about the building's historical value and the feasibility of restoration drove the contentious debate.

Elevator Location at 458 W. 3rd Street

Commission members were divided on the appropriateness of a proposed elevator location at 458 W. 3rd Street, resulting in a split vote. Some commissioners supported the Board of Architectural Review's decision, citing concerns about the visual impact of the proposed location. Other commissioners believed the applicant had identified a reasonable compromise position for the elevator placement.

The disagreement reflected differing priorities regarding architectural aesthetics and practical accommodation of building accessibility needs.

Approval of Minutes from March 27, 2014

The minutes from the March 27, 2014 meeting were presented for approval. 53:22

Mike Cravens made a motion to approve the minutes, and Karen Mundy seconded the motion. The minutes were approved without objection.

Initiation of Zoning Map Amendment for South End Park

1:54:25

Staff presented a request for the Commission to initiate a zoning map amendment related to the South End Park redevelopment project. Mike Owens was the key speaker on this agenda item.

The Commission did not take immediate action on the zoning map amendment request. Instead, the Commission deferred the matter, determining that additional information and discussion would be beneficial before moving forward with initiation of the amendment process.

Staff was directed to provide an update on this item at a future work session, allowing for further review and consideration of the zoning map amendment proposal before the Commission takes formal action.

BOAR 2014-1: Appeal of Denial for Elevator at 458 W. 3rd Street

2:42:54

The Commission considered an appeal of the Board of Architectural Review's denial of a Certificate of Appropriateness for a two-story exterior elevator proposed at 458 W. 3rd Street.

Key Speakers

The discussion involved Barb Rackers, Amelia Armstrong, and Joe Clark.

Decision

The Commission upheld the Board of Architectural Review's denial of the Certificate of Appropriateness. The appeal was denied.

Basis for Denial

The Commission cited two primary concerns with the proposed elevator:

• Visual intrusion: The two-story exterior elevator would create a visual intrusion at the location
• Design guideline violation: The proposal violated applicable design guidelines for the area

BOAR 2014-2: Appeal of Denial for Kitchen Demolition at 461 N. Limestone

4:20:09

The Commission considered an appeal regarding the denial of a kitchen demolition at 461 N. Limestone. The discussion involved Barb Rackers, Betty Kerr, Nathan Billings, Jason Huber, Preston Worley, Nick Wiley, and Joe Costa.

The Commission approved the demolition of the kitchen addition at the property and allowed new construction to proceed. The approval was based on code enforcement safety concerns and the determination that the structural restoration of the existing kitchen addition was not feasible.

The outcome represents a reversal of the initial denial, with the Commission finding that demolition and new construction presented a more viable path forward than attempting to preserve or restore the existing kitchen addition.