Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 20, 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 consideration of six agenda items. The Commission took nine votes during the session and heard five public comments.

Of the six zoning and development proposals presented, four were postponed: the William L. Fite Zoning Map Amendment and Harry S. Fite Property Zoning Development Plan; the Miller Family Estate Zoning Map Amendment and Development Plan; the Nicol Development Co., LLC Zoning Map Amendment and Headley Subdivision, North Broadway Park Addition; and the New Cingular Wireless PCS, LLC (dba AT&T Mobility) Cellular Tower Application. Two proposals were approved: the Boardman Company, LLC Zoning Map Amendment and Forest Park Subdivision, Block 'E', and the RML Construction, LLP Zoning Map Amendment and Cadentown Subdivision, Lot 10.

Attendance

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

Absent: Patrick Brewer, William Wilson

Late: None

Votes and Decisions

The board took nine votes during this meeting, all conducted by voice vote with unanimous support.

Postponements

The board indefinitely postponed MAR 2014-17 and ZDP 2014-74 on a motion by Frank Penn, seconded by Karen Mundy 13:32.

MARCV 2014-18 and ZDP 2014-92 were postponed to January 29, 2015 on a motion by Mike Cravens, seconded by Carolyn Richardson 14:35.

MAR 2014-19 and ZDP 2014-94 were postponed to December 18, 2014 on a motion by Mike Cravens, seconded by Frank Penn 25:59.

CT 2014-1 was postponed to December 11, 2014 on a motion by Karen Mundy, seconded by Carolyn Richardson 27:37.

Approvals

MAR 2014-20 (Boardman Company, LLC) was approved on a motion by Frank Penn, seconded by Mike Cravens 45:31. Condition 8 was revised to state that the Alternative Capacity Assurance Program will be met at time of building permit.

ZDP 2014-93 was approved with the same revised condition 8 on a motion by Frank Penn, seconded by Mike Cravens 46:13.

MARV 2014-22 (RML Construction LLP) was approved on a motion by Will Berkley, seconded by Mike Cravens 1:00:38.

The variances associated with MARV 2014-22 were approved on a motion by Mike Cravens, seconded by Frank Penn 1:01:12.

ZDP 2014-95 was approved with revised conditions on a motion by Frank Penn, seconded by Mike Cravens 1:01:44. Condition 10 was resolved and Condition 11 was eliminated.

All nine votes passed unanimously with the following board members voting in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, and Joseph Smith. No votes were cast against any motion, and there were no abstentions.

Public Comment

Five speakers addressed the council during public comment, all requesting postponement of MAR 2014-19.

Marty Clifford 15:39 requested a two-month postponement to allow neighborhood residents time to organize and discuss the proposed development. Clifford cited a lack of prior community engagement and insufficient time to gather resident input.

Don Bolton 20:40 also requested postponement, emphasizing the need for time to understand zoning requirements and ensure the full council can act within the 90-day window. Bolton noted concerns about upcoming holidays and new council members that could affect the timeline.

Donnie House 21:43 expressed concern about the potential impact of the development on his street, specifically citing the prospect of tripling the number of residents. He requested a two-month postponement to allow time to gather information and prepare a response.

Andy Sloan 22:17 stated he only learned about the project through a newspaper article and requested a two-month postponement to gather input and better understand the proposal.

Roy Cornett 23:20 argued that postponement is necessary to ensure the Urban County Council has adequate time to act before the 90-day deadline expires, particularly given the holiday season and the presence of new council members.

Common themes across the public comments included requests for extended timelines to allow community engagement, concerns about insufficient prior notification, and questions about the feasibility of meeting the 90-day approval window given the upcoming holidays and council transitions.

Contested Items

Postponement of MAR 2014-19 (Nicol Development Co., LLC)

The Commission addressed a contested proposal for an 80-unit mixed-use development by Nicol Development Co., LLC. Residents of North Broadway Park expressed strong opposition to the project, citing several concerns about the development process and its potential impacts.

The primary objections centered on inadequate community engagement. Residents stated that they had not been meaningfully consulted prior to the proposal's presentation and felt they had insufficient time to gather and organize community input on the project. Beyond procedural concerns, residents raised substantive objections regarding the project's scale and transportation effects, specifically expressing concerns about increased density and traffic impacts.

In response to the community opposition, the Commission voted to postpone the item. This postponement was intended to allow for further discussion and to provide an opportunity for additional community input before the proposal would be reconsidered.

William L. Fite Zoning Map Amendment & Harry S. Fite Property Zoning Development

Petition Details

This agenda item (MAR 2014-17) addressed a petition to rezone 1.06 net acres located at 4464 Old Nicholasville Road from Agricultural Urban (A-U) to Neighborhood Business (B-1) zoning classification.

Staff Recommendation

Both staff and the Zoning Committee recommended disapproval of the rezoning petition. The recommendation was based on three primary concerns:

• Inconsistency with the South Nicholasville Road Small Area Plan
• Lack of adequate access and traffic improvements
• Inappropriate commercial use for a low-traffic area

Discussion

Josh Banks presented on this matter 12:57.

Outcome

The petition was postponed rather than approved or denied at this meeting.

Miller Family Estate Zoning Map Amendment & Development Plan

This agenda item (MARCV 2014-18) addressed a petition to rezone 2.38 net acres at 2575 Winchester Road from Single Family Residential (R-1A) to Community Center (CC) zone. 14:04

Proposal Overview

The rezoning request was part of a broader development plan for the Miller Family Estate property. The proposed Community Center zoning would allow for uses not currently permitted under the existing Single Family Residential classification.

Staff and Committee Recommendation

Both staff and the Zoning Committee recommended postponement of the petition. Their recommendation was based on three primary concerns:

• Inconsistency with Master Plan: The proposal was found to be inconsistent with the Expansion Area Master Plan
• Infrastructure Deficiencies: The property lacked required infrastructure necessary to support the proposed development
• Specific Use Concerns: Objections were raised regarding proposed drive-throughs and a requested waiver for residential use

Outcome

The petition was postponed, meaning the matter was not approved at this meeting and would require resubmission or further review at a future date.

Key Participant

Richard Murphy was identified as a key speaker on this agenda item.

Nicol Development Co., LLC Zoning Map Amendment & Headley Subdivision, North Broadway Park Addition

Petition Details

The petition (MAR 2014-19) sought to rezone five properties located at 1001, 1003, 1011, 1015, and 1021 North Limestone Street from their current zoning designations of R-1C, B-1, and B-4 to Mixed Use 2: Neighborhood Corridor (MU-2) zone.

Staff Recommendation

Staff and the Zoning Committee recommended approval of the rezoning petition. The recommendation was based on alignment with both the Central Sector Small Area Plan and the Comprehensive Plan.

Key Speakers

Chris Westover and Marty Clifford were the key speakers on this agenda item 15:39.

Outcome

The matter was postponed to allow for additional community input. Public comments during the meeting led to the decision to delay action on the petition rather than proceed with a vote at that time.

New Cingular Wireless PCS, LLC (dba AT&T Mobility) - Cellular Tower Application

Application Details

New Cingular Wireless PCS, LLC, operating as AT&T Mobility, submitted an application for a 125-foot monopole cellular tower to be located at 302 Southland Drive.

Discussion and Action

27:04

Barbara Rackers presented information regarding the application. The Commission received a written request for postponement of this matter until December 11, 2014. The Commission granted the postponement request.

Outcome

The agenda item (CT 2014-1) was postponed to December 11, 2014.

Boardman Company, LLC Zoning Map Amendment & Forest Park Subdivision, Block 'E'

Petition Details

The board considered a petition to rezone 0.530 net acres at 232 Waller Avenue from Professional Office (P-1) to Planned Neighborhood Residential (R-3) zone. This matter was identified as MAR 2014-20.

Staff Recommendation

Staff and the Zoning Committee recommended approval of the rezoning. The recommendation was based on the compatibility of the proposed residential use with surrounding residential uses in the area and the efficient use of the land.

Key Speakers

The discussion involved Traci Wade, Bill Salley, and Brad Boaz.

Conditions

A revised condition regarding a capacity assurance program was added to the approval.

Outcome

The petition was approved. 28:38

RML Construction, LLP Zoning Map Amendment & Cadentown Subdivision, Lot 10

Petition MARV 2014-22 addressed a zoning map amendment for a 0.33 net acre property located at 2985 Liberty Road. The petition sought to rezone the land from R-1D to R-4 and B-1 zones.

Key Speakers and Presentation

Traci Wade, Jimmy Emmons, and Rena Wiseman were the primary speakers on this agenda item 46:58.

Staff Recommendation

Staff and the Zoning Committee recommended approval of the rezoning petition. The recommendation was based on the proposed development's compatibility with adjacent developments and its efficient use of the land.

Variances Approved

Two variances were approved as part of this petition: - Landscaping setback variance - Parking setback variance

Outcome

The zoning map amendment was approved.