Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 28, 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 six agenda items, 14 motions and votes, and 12 public comments.

The Commission addressed four zoning map amendments and development plans during the session. Three of these items were approved: the Haymaker Development Co., LLC proposal for a Zoning Map Amendment and Beaumont Farm Zoning Development Plan; the A & M Hamburg, LLC proposal for a Zoning Map Amendment and Hamburg East, Lot 2 Zoning Development Plan; and the Andover Partners, LLC proposal for a Zoning Map Amendment and Williams Property Lot One Zoning Development Plan. Two subdivision and zoning items were postponed: the Pinehurst Subdivision, Lot 33 amendment and the Collar Properties, LLC proposal for a Zoning Map Amendment and Chevy Chase Shop Zoning Development Plan. Additionally, the Commission approved ZOTA 2014-5, a proposed amendment to the Special Provisions of the CC Zone.

Attendance

Present: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, and Joseph Smith

Absent: William Wilson

Late: None

Votes and Decisions

The meeting included 14 votes, with 12 passing and 2 failing. All votes were unanimous.

Procedural Matters

The minutes from July 24, 2014 were approved unanimously (10-0) on a motion by Mr. Brewer, seconded by Ms. Plumlee 5:59.

PLAN 2014-49F regarding the Pinehurst Subdivision, Lot 33 was postponed to September 11, 2014 on a motion by Mr. Cravens, seconded by Ms. Richardson 7:36.

Zoning and Development Approvals

MAR 2014-15: A zone map amendment for Haymaker Development Co., LLC, changing from B-3 with conditional zoning to B-3 with modified conditional zoning, passed unanimously (10-0) on a motion by Mr. Penn, seconded by Mr. Cravens 19:36.

ZDP 2014-67: The Beaumont Farm Zoning Development Plan was approved unanimously (10-0) with seven conditions on a motion by Mr. Penn, seconded by Mr. Cravens 19:36.

MARV 2014-13: A zone map amendment for A&M Hamburg, LLC, changing from EAR-3/TA to CC zone, passed unanimously (10-0) on a motion by Mr. Brewer, seconded by Ms. Richardson 1:16:55.

A height variance for Hamburg East, Lot 2 (56 ft instead of 48 ft) was approved unanimously (10-0) on a motion by Mr. Penn, seconded by Mr. Cravens 1:19:45.

ZDP 2014-68: The Hamburg East, Lot 2 Zoning Development Plan was approved unanimously (10-0) with revised conditions on a motion by Mr. Penn, seconded by Ms. Richardson 1:20:53.

MAR 2014-14: A zone map amendment for Andover Partners, LLC, changing from R1D to R4 zone, passed unanimously (10-0) on a motion by Mr. Cravens, seconded by Ms. Plumlee 2:42:04.

ZDP 2014-66: A revised development plan for Andover Partners, LLC was approved unanimously (10-0) on a motion by Mr. Cravens, seconded by Ms. Mundy 2:47:05.

A waiver request for termination of Andover Green Stub Street was disapproved unanimously (10-0) on a motion by Mr. Penn, seconded by Ms. Plumlee 2:53:57.

Failed and Postponed Items

MAR 2014-16: Two separate motions regarding a zone map amendment for Collar Properties, LLC, changing from P1 to B1 zone, both failed unanimously (10-0). The first motion was by Mr. Berkley, seconded by Ms. Plumlee 3:59:16, and the second by Mr. Penn, seconded by Ms. Plumlee 4:07:16. The matter was subsequently postponed to September 11, 2014 on a motion by Ms. Mundy, seconded by Ms. Plumlee 4:08:50.

ZOTA 2014-5: A text amendment to allow two stores larger than 20,000 sq ft in the CC zone passed unanimously (10-0) on a motion by Mr. Penn, seconded by Ms. Plumlee 4:14:19.

Public Comment

Twelve speakers provided public comment on the proposed development, with the majority expressing opposition to various aspects of the project.

Opposition to Street Connectivity and Traffic Concerns

Ryan Fennell, representing the Andover Hills Neighborhood Association, opposed the connection of Andover Green Stub Street, citing concerns about increased traffic and loss of neighborhood control over access and safety [02:00:24]. Ryan Gold raised concerns about increased traffic and school buses, warning that the area could become a throughway similar to Forest Hill Drive [02:04:10]. Richard Ward, a resident, opposed the development due to increased traffic and noted that multiple existing entrances into the neighborhood have already increased traffic flow [02:06:15]. James Sutton expressed concerns about street connectivity and the potential for a dead-end street without proper signage, creating safety issues [02:08:28]. Clay Waller opposed the development due to increased traffic concerns and the potential for the area to become a throughway [02:11:10].

Zoning and Land Use Concerns

Elmer Craig opposed the R4 zoning due to concerns about high-density development and the potential for future apartments or Section 8 housing, despite the applicant's conditional zoning restrictions [02:07:21]. Scott Martin expressed concerns about potential future apartment development [02:12:20]. Amy Clark opposed the zone change, arguing that the development is not in line with the comprehensive plan, is auto-intensive, and would negatively impact neighborhood character [03:30:20].

Safety and Infrastructure Issues

Ethan Buell, a property owner, opposed the drive-through due to safety concerns, citing a recent accident at the intersection of McCall's Alley and Marquis Avenue [03:21:40]. Mark Barker opposed the development due to traffic congestion, poor visibility, and potential for accidents at the intersection of Marquis Avenue and Euclid Avenue [03:23:16].

Additional Concerns

Sally Warfield opposed the development due to concerns about insufficient time for public input, the ongoing commercial corridor study, and potential sewer capacity issues [03:44:18].

Support

Graham Pohl supported the development but raised safety concerns about the intersection of Marquis Avenue and McCall's Alley, particularly regarding parking obstructing visibility [03:46:02].

Contested Items

Three significant disputes emerged during the August 28, 2014 meeting:

Andover Partners, LLC Development Plan – Andover Green Stub Street Connectivity

Community residents opposed the connectivity of Andover Green Stub Street as part of the Andover Partners development plan. Opponents raised traffic concerns and expressed worry about loss of neighborhood control. Despite the applicant's efforts to address these concerns, community opposition persisted throughout the discussion.

Andover Partners, LLC Waiver Request

A procedural dispute arose regarding the applicant's request for a waiver to terminate Andover Green Stub Street. Staff recommended disapproval of the waiver, determining that the applicant had not provided sufficient justification under subdivision regulations. This staff recommendation stood in contrast to the community opposition to the street's connectivity, creating a complex situation where staff and residents disagreed on different aspects of the same street issue.

Collar Properties, LLC Development Plan – Drive-Through

The most contentious item involved intense debate over a proposed drive-through component of the Collar Properties development plan. The discussion was marked by conflicting views among staff, applicants, and residents regarding safety, traffic impacts, and neighborhood character. The heated nature of this discussion indicated significant disagreement among the parties about the appropriateness and design of the drive-through feature.

Pinehurst Subdivision, Lot 33 (AMD)

Identifier: PLAN 2014-49F

Overview

This agenda item concerning Pinehurst Subdivision, Lot 33 was discussed as a postponement matter rather than a full review. 7:06

Key Participants

Mr. Martin was the primary speaker on this item.

Discussion and Concerns

The discussion centered on issues that necessitated postponement of the item. Two primary concerns were identified:

• Sanitary sewer connection adequacy
• Access easement adequacy

Outcome

The item was postponed to September 11, 2014. The postponement was requested by the applicant and supported due to the unresolved concerns regarding sanitary sewer connection and access easement adequacy.

Haymaker Development Co., LLC, Zoning Map Amendment & Beaumont Farm (AMD.) Zoning Development Plan

10:58

The Planning Commission reviewed a zoning map amendment and associated development plan for Haymaker Development Co., LLC, and the Beaumont Farm property. Key speakers during the discussion included Mr. Sallee, Ms. Gallt, and Rory Kahly.

The Planning Commission approved both the zone map amendment and the development plan. The approval was granted with seven conditions attached to the decision.

In their rationale for approval, the Commission cited economic changes as a factor supporting the amendment and noted that the proposal was compatible with the comprehensive plan. These considerations formed the basis for moving forward with the project under the specified conditions.

A & M Hamburg, LLC, Zoning Map Amendment & Hamburg East, Lot 2, Zoning Development Plan

Identifier: MARV 2014-13

The Planning Commission reviewed a zoning map amendment and development plan for A & M Hamburg, LLC regarding Hamburg East, Lot 2. 2:00:00

Presenters and Participants

The discussion involved Ms. Wade, Mr. Martin, and Mr. Penn.

Proposal

The application requested a zone change from EAR-3/TA to CC zone, along with approval of a height variance and a zoning development plan for the property.

Outcome

The Planning Commission approved all three components of the request:

• Zone change from EAR-3/TA to CC zone
• Height variance
• Development plan

Basis for Approval

The Commission cited land use compatibility and improved connectivity as key factors supporting the approval. The conditions attached to the approval reflected these considerations.

Andover Partners, LLC, Carol Doug Charles, Zoning Map Amendment & Williams Property Lot One Zoning Development Plan

The Planning Commission considered a zoning map amendment and development plan for property associated with Andover Partners, LLC, Carol Doug Charles, and the Williams Property Lot One. 2:00:00

Key Participants

The discussion involved Ms. Wade, Mr. Martin, and Rory Kahly among the key speakers.

Proposal and Action

The Commission approved a zone change from R1D to R4 classification. The approval included several conditions:

• Cul-de-sac termination of Andover Green Stub Street
• Conditional zoning restrictions on the development

Community Response

The proposal faced community opposition during the proceedings, though specific objections were not detailed in the available materials.

Outcome

The Planning Commission voted to approve the zoning map amendment and development plan with the stated conditions, moving the project forward despite the community concerns raised.

Collar Properties, LLC, Zoning Map Amendment & Chevy Chase Shop, Zoning Development Plan

Identifier: MAR 2014-16

The Planning Commission considered a zoning map amendment and zoning development plan for Collar Properties, LLC regarding the Chevy Chase Shop project. Key speakers in the discussion included Ms. Wade, Mr. Martin, and John Talbot.

Concerns Raised

The primary issues discussed centered on the proposed drive-through component of the project and its potential traffic impacts. Significant community opposition was expressed regarding these elements, indicating that residents had concerns about how the drive-through would affect local traffic patterns and neighborhood conditions.

Outcome

The Planning Commission voted to postpone the zoning map amendment and development plan. The postponement was driven by two main factors: the substantial community opposition to the proposal and the Commission's determination that additional study of the project was necessary before proceeding to a final decision.

The postponement allows time for further review of the traffic concerns and other issues raised by the community, as well as additional analysis by the Planning Commission staff and applicant.

ZOTA 2014-5: Proposed Amendment to Special Provisions of CC Zone

4:14:19

The Planning Commission considered a text amendment to modify the special provisions governing the CC (Commercial) zone. Ms. Wade presented the proposed changes to the Commission.

The amendment would allow for two stores larger than 20,000 square feet within CC zones. The proposal included updated square footage thresholds for commercial establishments and established a limit on the number of large buildings permitted in these zones.

The Planning Commission approved the text amendment.