Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on December 18, 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. The Commission considered five agenda items, took eight votes, and heard eight public comments during the session. All five items on the agenda were approved, including three zoning map amendments with associated zoning development plans, one subdivision plan, and one property acquisition for a new elementary school.

Attendance

The following individuals were present at the meeting on December 18, 2014:

• Will Berkley
• Patrick Brewer
• Mike Cravens
• David Drake
• Karen Mundy
• Mike Owens
• Frank Penn
• Carolyn Plumlee
• Carolyn Richardson
• Joe Smith
• Bill Wilson
• Chris King
• Bill Sallee
• Barbara Rackers
• Traci Wade
• Tom Martin
• Cheryl Gallt
• Janice Westlund
• Chris Taylor
• Meghan Jennings
• Stephanie Cunningham
• Tracy Jones
• Andrea Brown
• Hillard Newman
• Casey Kaucher
• Greg Lengal
• Joshua Thiel

Patrick Brewer arrived late to the meeting. No attendees were absent.

Votes and Decisions

PLAN 2014-96F: Glen Creek Subdivision Final Record Plat 10:40 Motion by Will Berkley, seconded by Karen Mundy. The revised final record plat for Glen Creek subdivision was approved unanimously, 11-0. Approval is conditioned on acceptance and approvals from the Urban County Engineer, Traffic Engineer, Building Inspection, Addressing Office, and Urban Forester. Additional conditions include documentation of Division of Water Quality's Capacity Assurance Program approval, notation of private utility providers, clarification of the access easement on Lot 66, and discussion of required access to proposed lots on Unit 3.

MAR 2014-21: Zoning Map Amendment at 435 Redding Road 29:06 Motion by Carolyn Richardson, seconded by Patrick Brewer. A zoning map amendment from R-3 to B-1 for property at 435 Redding Road passed 10-1 on roll call vote. Voting in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson. Voting against: Carolyn Plumlee.

ZDP 2014-96: Watts Farm – Tract 4 Zoning Development Plan 29:44 Motion by Carolyn Richardson, seconded by Patrick Brewer. The Zoning Development Plan for Watts Farm – Tract 4 passed 10-1 on roll call vote. Voting in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson. Voting against: Carolyn Plumlee. Approval is contingent on Urban County Council rezoning the property to B-1 and includes conditions for engineering, traffic, building inspection, and urban forester approvals.

MAR 2014-23: Zoning Map Amendment at 2380 Fortune Drive 40:26 Motion by Frank Penn, seconded by Joe Smith. A zoning map amendment from I-1 and B-6P to B-4 for property at 2380 Fortune Drive was approved unanimously, 11-0.

ZDP 2014-105: Brock McVey & Barry Dotson Property Zoning Development Plan 40:58 Motion by Frank Penn, seconded by Joe Smith. The Zoning Development Plan for Brock McVey & Barry Dotson Property, Unit 2A, Lot 7 was approved unanimously, 11-0. Approval is contingent on Urban County Council rezoning to B-4.

MAR 2014-19: Zoning Map Amendment at North Limestone Street 2:41:34 Motion by Will Berkley, seconded by Carolyn Plumlee. A zoning map amendment from R-1C, B-1, and B-4 to MU-2 for properties at 1001, 1003, 1011, 1015, and 1021 North Limestone Street passed 10-1 on roll call vote. Voting in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson. Voting against: Patrick Brewer.

ZDP 2014-94: Headley Subdivision, North Broadway Park Addition 2:42:05 Motion by Frank Penn, seconded by Joe Smith. The Zoning Development Plan for Headley Subdivision, North Broadway Park Addition passed 10-1 on roll call vote. Voting in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson. Voting against: Patrick Brewer. Ten conditions were imposed including stormwater management, park improvements, and LEED certification recommendation.

PFR 2014-6: Elementary School Property Acquisition 2:54:30 Motion by Mike Finn, seconded by Karen Mundy. Approval of property acquisition for a new elementary school at 2441 Huntley Place passed 10-0 on roll call vote.

Public Comment

Eight community members provided public comment during the meeting, raising concerns about traffic, neighborhood character, safety, and development density.

Traffic and Infrastructure Concerns

Ann Wesley, representing Aintree condominiums, expressed concern about increased traffic from a proposed drive-through restaurant, citing congestion at the intersection with Tates Creek Road and limited exit access for residents 21:45. Carmen Norris raised additional concerns about inadequate parking, narrow streets, and lack of sidewalks, which would make it difficult for residents to safely navigate and increase the risk of accidents 2:07:24.

Community Engagement

Drew Shackelford, president-elect of the North Limestone Neighborhood Association, criticized the developer for poor communication, lack of early notification, and failure to address community concerns during the process 1:46:35.

Zoning and Scale Issues

Roy Cornett challenged the project's suitability for MU-2 zoning, arguing the non-residential component is not essential and that the development is too dense and high-rise for the neighborhood 1:50:56. Joe Gobler argued that the proposed four-story building is too tall and out of scale with the neighborhood, which is dominated by two-story structures 2:09:35.

Safety and Neighborhood Character

David Todd Singleton expressed concern about the impact of the development on children's safety, citing existing traffic incidents and the lack of sidewalks, curbs, and gutters on North Broadway Park and 10th Street 1:56:41. Donnie House warned that approving the project would set a precedent for high-density development along North Limestone, potentially destroying the area's charm and historic character 2:05:42. Ron Bradley stated that the neighborhood already has high density and that the project would be excessive, especially given the existing affordable housing in the area 2:11:12.

Contested Items

Mixed-use Zoning for North Limestone

Community residents raised significant opposition to the mixed-use zoning proposal for North Limestone. Concerns centered on traffic impacts, public safety, project scale and density, and insufficient community engagement in the planning process. Residents argued that the project would negatively affect the neighborhood's character and safety, with particular worry expressed about proximity to Arlington Elementary School.

Traffic and Infrastructure Impacts

A heated discussion ensued between multiple residents and staff regarding the adequacy of the traffic study and its findings. Disagreement focused on the project's impact on North Broadway Park and 10th Street. Residents highlighted specific infrastructure deficiencies, citing the lack of sidewalks, curbs, and gutters as safety hazards that would be exacerbated by the development.

Zoning Change for Redding Road Property

The Commission voted on a zoning change for WMM Properties on Redding Road, approving it by a vote of 10-1. Commissioner Carolyn Plumlee cast the sole opposing vote, citing traffic concerns as her reason for dissent. This split vote reflected a division within the Commission regarding the project's potential impacts on the surrounding area.

Plan 2014-96F: Glen Creek (Dove Creek, Unit 3-B, Section 3, Lots 66-75)

8:30

The Planning Commission reviewed a revised final record plat for the Glen Creek subdivision during this agenda item. The presentation focused on updates to the subdivision plan for Dove Creek, Unit 3-B, Section 3, covering Lots 66-75.

Key Presentation

Cheryl Gallt presented the revised final record plat, which included updated access easements and addressed multiple development requirements.

Conditions and Requirements

The revised plan incorporated conditions related to the following areas:

• Stormwater management
• Traffic considerations
• Landscaping requirements
• Utility approvals

Outcome

The Planning Commission approved Plan 2014-96F with nine revised conditions. The approval of the revised final record plat allows the Glen Creek subdivision to proceed with the specified requirements and easements in place.

MAR 2014-21: WMM Properties, LLC – Zoning Map Amendment & ZDP 2014-96: Watts Farm – Tract 4

12:09

The Commission considered a zoning map amendment and development plan for a portion of property located at 435 Redding Road. The proposal sought to rezone approximately 1.5 acres from R-3 (residential) to B-1 (business) zoning to permit construction of a standalone fast food restaurant with a drive-through facility.

Key Speakers and Presentations

Traci Wade and Bruce Simpson presented the proposal to the Commission.

Staff and Committee Support

The zoning amendment and development plan were supported by both staff and the Zoning Committee, indicating alignment with planning recommendations.

Concerns Raised

Despite overall support, concerns were raised regarding:

• Traffic impacts associated with the proposed fast food restaurant use
• Intersection spacing considerations for the drive-through access and site circulation

Outcome

The Commission approved the zoning map amendment from R-3 to B-1 and the development plan with conditions. The conditions were intended to address the traffic and intersection spacing concerns raised during the review process.

MAR 2014-23: Mark Saunier – Zoning Map Amendment & ZDP 2014-105: Brock McVey & Barry Dotson Property

30:20

The Commission reviewed a zoning map amendment and development plan for property located at 2380 Fortune Drive. The proposal sought to rezone the property from I-1 (Industrial) and B-6P (Commercial) zoning to B-4 (Commercial) zoning to align with the surrounding commercial corridor.

Key Speakers

Traci Wade and Tom Martin presented and discussed the proposal with the Commission.

Proposal Details

The zoning amendment was intended to create consistency with the existing commercial development pattern in the surrounding area by consolidating the property under a single B-4 commercial zoning classification.

Outcome

The development plan was approved with eight conditions. These conditions included requirements for utility approvals and traffic approvals, ensuring that the proposed development would meet necessary infrastructure and transportation standards before proceeding.

MAR 2014-19: Nicol Development Co., LLC – Zoning Map Amendment & ZDP 2014-94: Headley Subdivision, North Broadway Park Addition

The Commission reviewed a proposal to rezone five parcels on North Limestone Street from their current zoning designations of R-1C, B-1, and B-4 to MU-2 (Mixed-Use) to accommodate a mixed-income, mixed-use development project.

Project Details

The proposed development includes: - 76 residential units - Preservation of an existing church structure - Stormwater management improvements

Key Speakers and Presentations

The following individuals participated in the discussion: - Traci Wade - Tom Martin - Chris Westover - Bruce Nickel - Van Meter Pettit - Holly Wiedemann - Chuck Gutenson

Process

The Commission heard extensive public comment on the proposal before rendering a decision. 1:41:18

Outcome

The zoning map amendment and development plan were approved. The Commission attached ten conditions to the approval, which the project must satisfy during implementation.

PFR 2014-6: Acquisition of Property for New Elementary School at 2441 Huntley Pl

2:43:11

The Commission reviewed a request from Fayette County Public Schools to acquire property located at 2441 Huntley Place for the development of a new elementary school.

Key Speakers: - Barbara Rackers - Marcus Heil

Presentation and Analysis:

The property is zoned P1, which permits schools as an allowable use. The Commission determined that the proposed acquisition and school development were consistent with both the Comprehensive Plan and the applicable zoning ordinance.

Outcome:

The acquisition was approved.