Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 26, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included seven agenda items, 13 motions and votes, and four public comments.

The Commission approved all items on the agenda. These included four zoning map amendments: the MIA Brookhaven LLC Zoning Map Amendment, the Doug Charles Zoning Map Amendment, and the Thistle Holdings LLC Zoning Map Amendment. The Commission also approved the Richardson Property (AMD). Additionally, the Commission approved two amendments to the zoning code: an amendment to Article 17-7(b)(5) regarding Churches and Schools, and an amendment to Article 28-6(c) regarding Alternative Building Features. The Commission also approved the Fire Station No. 2 Replacement project.

Attendance

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

Absent: Patrick Brewer, Frank Penn

Late: None

Votes and Decisions

The meeting included 13 votes, all of which passed unanimously by voice vote with 9 ayes and 0 nays.

Minutes Approval [0:07:33] The minutes from January 29, 2015 were approved on a motion by Mike Cravens, seconded by Carolyn Richardson.

ZOTA 2015-3: Sign Amendment Postponement [0:09:51] A motion to postpone the amendment allowing multi-tenant listings on freestanding signs in the B-6P zone was approved on a motion by Carolyn Plumlee, seconded by Karen Mundy.

DP 2015-6: Richardson Property Development Plan Amendment [0:19:07] The Richardson Property (AMD) development plan amendment was approved on a motion by Mike Cravens, seconded by Will Berkley. The approval included 14 conditions requiring various departmental approvals and plan modifications.

MAR 2015-1: MIA Brookhaven LLC Zoning Map Amendment [0:39:03] The zoning map amendment from B-1 to B-3 zone for MIA Brookhaven LLC was approved on a motion by Karen Mundy, seconded by Carolyn Plumlee, subject to 17 conditions.

ZDP 2015-10: Brookhaven Subdivision Development Plan [0:40:04] The Brookhaven Subdivision development plan was approved on a motion by Karen Mundy, seconded by Carolyn Plumlee, with 17 conditions.

MARV 2015-2: Doug Charles Zoning Map Amendment [0:58:51] The zoning map amendment from B-3 to B-1 zone for the Doug Charles property was approved on a motion by Will Berkley, seconded by Mike Cravens, with 13 conditions.

ZDP 2015-11: Pleasant Ridge Subdivision Development Plan [1:01:53] The Pleasant Ridge Subdivision, Lot A development plan with tree canopy waiver was approved on a motion by Will Berkley, seconded by Mike Cravens, subject to 12 conditions.

ZDP 2015-11: Doug Charles Property Variances [1:00:03] Requested variances for the Doug Charles property were approved on a motion by Will Berkley, seconded by Mike Cravens, with three conditions.

MAR 2015-3: Thistle Holdings LLC Zoning Map Amendment [2:29:09] The zoning map amendment from I-1 to B-1 zone for Thistle Holdings LLC was approved on a motion by Will Berkley, seconded by Mike Cravens, with 12 conditions.

ZDP 2015-12: Thistle Station Development Plan [2:31:55] The Thistle Station development plan was approved on a motion by Will Berkley, seconded by Mike Cravens, with 12 conditions.

ZOTA 2015-2: Church and School Sign Amendment [2:48:35] The amendment allowing a second freestanding sign for churches and schools on corner lots was approved on a motion by Will Berkley, seconded by Mike Cravens, with two conditions.

ZOTA 2015-4: Mixed-Use Building Features Amendment [3:03:36] The amendment allowing alternative building features in mixed-use zones was approved on a motion by Will Berkley, seconded by Mike Cravens, with four conditions.

PFR 2015-1: Fire Station No. 2 Replacement [3:10:17] The replacement of Fire Station No. 2 at 1276 Eastland Drive was approved on a motion by Will Berkley, seconded by Mike Cravens, with one condition regarding parking area screening.

Public Comment

Four speakers addressed the board during the public comment period.

Marlee Bauman 2:00:09 expressed concern about parking and building height. She raised issues regarding parking overflow on 3rd Street and stated that the proposed 16-story building's height was not in character with the surrounding area.

Amy Clark 2:14:12 addressed retail vacancy and zoning appropriateness. She raised concerns about retail vacancy in similar mixed-use developments and questioned whether the B-1 zone was appropriate for the proposed high-density project.

Bob Bourget 2:44:14 spoke in support of a second sign at Lexington Christian Academy. He explained the need for an additional sign due to high public traffic and cited safety concerns on Keyshire Road.

Dick Murphy 2:46:57 supported the text amendment regarding signage. He noted that South Elkhorn Christian Church also has two street frontages and would benefit from a second sign, similar to the proposal for Lexington Christian Academy.

Contested Items

Thistle Station Development Plan

The proposed Thistle Station development plan generated community opposition during the meeting. Two residents spoke against the project, expressing concerns about three primary issues: parking availability, building height, and the viability of retail components within the development.

In response, the applicant and staff members defended the project's compliance with the city's comprehensive plans and applicable zoning ordinances. The disagreement centered on whether the development met local regulatory standards and addressed practical community needs, despite the project's technical conformance with existing codes.

Richardson Property (AMD)

Identifier: DP 2015-6

The Planning Commission reviewed and approved a development plan amendment for the Richardson Property. 12:19

Project Changes

The amendment modifies the existing development plan by removing 10 townhomes from the project and adding 26 condominium units in their place. The proposal also includes two 6-car parking garages as part of the revised site plan.

Key Participants

The discussion involved Cheryl Gallt, Tom Martin, and John Barlow.

Approval and Conditions

The Planning Commission approved the development plan amendment subject to 14 conditions. These conditions include compliance with the Environmental Assessment and Mitigation Plan (EAMP) and approval of necessary infrastructure improvements.

Outcome

The amendment was approved as presented.

MIA Brookhaven LLC Zoning Map Amendment

The Commission considered a zoning map amendment for property owned by MIA Brookhaven LLC 22:52. The proposal sought to rezone the property from B-1 to B-3 zoning classification to facilitate redevelopment of an existing shopping center into a mixed-use complex featuring a hotel, retail space, and restaurant facilities.

Key speakers on this agenda item included Jimmy Emmons, Tom Martin, and Chris Westover.

The Commission approved the rezoning request. The approval included conditional zoning restrictions and was contingent upon approval of the associated development plan for the proposed hotel, retail, and restaurant complex.

Doug Charles Zoning Map Amendment

41:07

The Commission considered a zoning map amendment for the Doug Charles property. The proposal involved rezoning the property from B-3 to B-1 zone to accommodate an adult day care center.

Key Speakers

The discussion included presentations and input from Traci Wade, Tom Martin, and Rory Kaley.

Proposal Details

The rezoning request included approval of requested landscape variances and an associated development plan for the proposed adult day care center use.

Outcome

The Commission approved the zoning map amendment, the landscape variances, and the development plan as presented.

Thistle Holdings LLC Zoning Map Amendment

The Commission considered a zoning map amendment for Thistle Holdings LLC at approximately 1:02:59 in the meeting.

Presentation and Proposal

The agenda item involved a rezoning request for a light industrial site to a neighborhood business zone. The proposed change would permit a mixed-use development incorporating both residential and retail components on the property.

Key Participants

The discussion included presentations and input from Traci Wade, Tom Martin, Bill Sallee, and Bruce Simpson.

Outcome

The Commission approved the zoning map amendment. The approval included conditions requiring final development plan approval before the project could proceed.

Amendment to Article 17-7(b)(5) for Churches and Schools

The Commission considered a text amendment to Article 17-7(b)(5) regarding signage regulations for churches and schools. 2:34:07

Proposal

The amendment would allow a second freestanding sign for churches and schools located on corner lots that meet specific criteria: the lot must contain five or more acres and have two street frontages. The proposal includes a 250-foot spacing requirement between signs.

Key Speakers

The discussion involved Bill Sallee, Bob Bourget, and Dick Murphy.

Outcome

The Commission approved the amendment.

Amendment to Article 28-6(c) for Alternative Building Features

The Commission considered ZOTA 2015-4, a text amendment to Article 28-6(c) regarding alternative building features in mixed-use zones. 2:49:06

Presenters and Discussion

Bill Sallee and Nick Nicholson presented the amendment to the Commission.

Proposal Details

The amendment allows for alternative building features in mixed-use zones, subject to specific requirements:

• A minimum of at least one story in height
• Minimum depth requirements for building features
• Minimum height changes for building features

Outcome

The Commission approved the text amendment.

Fire Station No. 2 Replacement

The Commission considered a proposal for the replacement of Fire Station No. 2 located at 1276 Eastland Drive. 3:04:11

Barb Rackers presented the item to the Commission.

The Commission approved the replacement of Fire Station No. 2. As part of the approval, the Commission recommended that the parking area be screened.