Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on May 28, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky, with Mr. Owens presiding. The commission addressed 15 agenda items, including zoning map amendments, a public facility review, and several informational reports. The meeting resulted in 5 motions and votes, with the commission approving multiple items including zoning amendments for Boston Road, LLC and NoLi CDC Corp., a site inventory and analysis review for the PUD-2 Zone LuigArt Maker Spaces, and an amendment to the definition and regulation of day shelters. The commission also approved a public facility review for Fayette County Public Schools and deferred consideration of ZOTA 2014-4 regarding recreation and tourism land uses. Five public comments were heard during the meeting. In addition to action items, the commission received informational reports on planning services activity, zoning enforcement activity, long range planning activity, and transportation planning activity.

Attendance

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

Absent: Carolyn Plumlee.

Late: Will Berkley and Patrick Brewer.

Votes and Decisions

The Commission approved five motions by voice vote, with all members voting in favor of each item.

MAR 2015-5: Zoning Map Amendment at 3900 Boston Road 1:03:18

Motion by Mr. Cravens, seconded by Ms. Richardson. The Commission approved a zoning map amendment from Professional Office (P-1) to Planned Neighborhood Residential (R-3) for 1.3385 net acres at 3900 Boston Road. All ten members voted in favor. Approval is contingent upon the Urban County Council rezoning the property to R-3; otherwise, any Commission action is null and void.

ZDP 2015-25: Preliminary Development Plan for Millpond, Unit 1-B, Section 2A 1:05:27

Motion by Mr. Cravens, seconded by Ms. Mundy. The Commission approved the preliminary development plan for Ted R. Osborn & Thomas Wood Property/Millpond, Unit 1-B, Section 2A. All ten members voted in favor. Approval is subject to seven conditions, including Urban County Engineer's acceptance of drainage and storm sewer information, Traffic Engineer's approval of access and circulation, Urban Forester's approval of tree inventory, Greenspace Planner's approval of greenways, correction of plan title, developer information on plan, Department of Environmental Quality's approval of steep slopes, discussion of rear areas and setback conflicts, discussion of pedestrian access, discussion of landscape screening, revision of note #12, and notation that spacing of the southern access point to Boston Road will be resolved at final plan stage.

MAR 2015-6: Zoning Map Amendment for LuigArt PUD-2 1:42:23

Motion by Ms. Mundy, seconded by Mr. Wilson. The Commission approved a zoning map amendment from Planned Neighborhood Residential (R-3) to LuigArt Planned Unit Development-2 (PUD-2) for 19 properties on York and Eddie Streets. All ten members voted in favor.

ZOTA 2015-5: Zoning Ordinance Text Amendment 1:55:44

Motion by Mr. Wilson, seconded by Mr. Wilson. The Commission approved a Zoning Ordinance text amendment to amend the definition and regulation of 'day shelters'. All ten members voted in favor.

PFR 2015-4: Public Facility Review for Fayette County Public Schools 2:10:05

Motion by Mr. Cravens, seconded by Mr. Cravens. The Commission approved a Public Facility Review for Fayette County Public Schools' acquisition of property at 2000 Winchester Road for a new high school. All ten members voted in favor. Recommendations include design reflecting LEED Silver to Gold sustainability goals, verification of stormwater management system adequacy, continuation of pedestrian walkway to Winchester Road if sidewalks are installed, and landscape and screening of off-street parking areas as much as geology allows.

Public Comment

Five residents provided public comment regarding the proposed Boston Road LLC rezoning project.

Michael Taulbee 1:02:14 expressed opposition to the rezoning proposal, citing concerns that 25 proposed townhouses would be incompatible with the existing neighborhood pattern of single-family homes. He noted potential negative impacts including increased traffic and school overcrowding, as well as possible reduction in property values. He indicated a preference for professional office development in the area instead.

Holly Taulbee 1:02:40 spoke in support of medical office use in the neighborhood, pointing to the Lexington Clinic office located in Veterans Park as a successful example. She noted that this clinic is surrounded by homes and is well-received by residents, suggesting that a medical office would be a positive addition to the area.

Georgia Cohen 1:26:53 raised concerns about the project's potential to result in demolition of historic homes and creation of a park-like area. She expressed worry that such an area could attract drug activity and questioned the underlying intent behind the rezoning proposal.

Joseph Cole 1:27:55 expressed unease about the potential for commercial activity, specifically the possibility of merchants operating from homes. He cited ongoing issues with drug dealers in the area and questioned the true purpose behind the project.

Ms. Mundy 1:42:55 raised a legal concern about spot zoning, noting that rezoning isolated, non-contiguous properties could constitute spot zoning. She expressed concern that this approach could negatively impact property values in the area.

Contested Items

Boston Road LLC Rezoning

The rezoning proposal for Boston Road LLC faced community opposition during the meeting. Residents raised multiple concerns about the project's impact on the neighborhood. Specifically, opponents cited worries about increased traffic, school overcrowding, and potential decline in property values. Additionally, residents argued that the rezoning was incompatible with the neighborhood's single-family character.

NoLi CDC Corp. Rezoning

The NoLi CDC Corp. rezoning proposal resulted in a split among commissioners despite ultimately receiving unanimous approval. Some commissioners expressed concern about spot zoning and its potential impact on property values. These concerns were noted even as the proposal moved forward with full commission support.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chamber, with Mr. Owens presiding 1:00:00.

Approval of Minutes

A motion to approve the minutes from the March 26, 2015, meeting was presented during this agenda item 1:16:08. Mr. Cravens made the motion, which was seconded by Ms. Richardson.

The motion passed unanimously.

Postponements and Withdrawals

No postponements or withdrawals were presented during this agenda item. 1:16:46

Land Subdivision Items

The Subdivision Committee presented its recommendations following a meeting held on May 7, 2015. Ms. Wade and Mr. Martin led the discussion on this informational item 1:17:09.

The Committee's review focused on subdivision plans and their compliance with applicable regulations. General notes regarding adherence to the Land Subdivision Regulations and Zoning Ordinance were reiterated during the presentation.

This item was presented for informational purposes, with no formal action required.

Boston Road, LLC – Zoning Map Amendment & ZDP 2015-25

1:19:20

Staff and the petitioner presented a request to rezone 1.3385 net acres from P-1 to R-3 zoning to accommodate a townhome and single-family residential development.

Presentation and Support

Ms. Wade, Mr. Martin, and Mr. Simpson presented the proposal. The Zoning Committee supported the request, and staff recommended approval with conditions.

Public Opposition

Public opposition was raised during the meeting regarding the rezoning proposal.

Outcome

The motion to approve the zoning map amendment and ZDP 2015-25 passed unanimously.

NoLi CDC Corp. – Zoning Map Amendment

1:06:29

NoLi CDC Corp. requested a zoning map amendment to rezone 19 properties from R-3 to PUD-2 (Planned Unit Development). The proposed rezoning would allow the development of live/work units designed for artists and makers.

Recommendation and Staff Position

Both City Staff and the Zoning Committee recommended approval of the amendment.

Key Speakers

Ms. Wade and Mr. Cohn presented on this agenda item.

Public Comments and Concerns

During the public comment period, concerns were raised regarding:

• Spot zoning implications
• Affordability of the proposed units

Outcome

The motion to approve the zoning map amendment passed unanimously.

PUD-2 Zone LuigArt Maker Spaces Site Inventory & Site Analysis Review

1:13:08

Staff presented a site inventory and analysis review for the LuigArt Maker Spaces project in the PUD-2 zone. Ms. Wade led the presentation of the site analysis and recommendations for the development.

The staff review included several key recommendations for the project:

• Protection of significant trees on the site
• Design of accessory structures to complement primary buildings

The presentation focused on how the proposed development could be designed to integrate with existing site features and maintain visual coherence between primary and accessory structures.

The motion to approve the site inventory and site analysis review passed unanimously.

ZOTA 2014-4 – Recreation and Tourism Land Uses

This agenda item 1:17:52 was a continuation of discussion from the March 26 meeting. The item addressed proposed zoning ordinance text amendments (ZOTA) related to recreation and tourism land uses.

No action was taken on this item during the meeting. The discussion was deferred, allowing for further consideration at a future date.

ZOTA 2015-5 – Amendment to the Definition and Regulation of 'Day Shelters'

1:47:15

Staff presented a text amendment to regulate day shelters similarly to community centers. Ms. Wade led the presentation of this zoning ordinance text amendment.

The amendment proposed to modify how day shelters are defined and regulated within the zoning code, aligning their regulatory framework with that of community centers. This approach would standardize the treatment of these facilities across the jurisdiction's zoning requirements.

The Zoning Committee supported the amendment prior to this meeting. Staff also recommended approval of the proposed changes.

Public comment on this item was minimal, indicating limited community opposition or concern regarding the amendment.

The motion to approve ZOTA 2015-5 passed unanimously, reflecting consensus among the decision-making body on the proposed regulatory changes for day shelters.

Commission Items

1:17:19

The Commission addressed two motions during this agenda item.

Work Session Approval

A motion was made and seconded to approve a work session scheduled for June 18, 2015. The motion passed.

ZOTA 2014-4 Continuation

A motion was made and seconded to continue ZOTA 2014-4 to June 25, 2015. The motion passed.

Both items were approved by the Commission.

PFR 2015-4 – Fayette County Public Schools – Public Facility Review

1:57:25

Staff presented a public facility review of Fayette County Public Schools' acquisition of property at 2000 Winchester Road for a new high school. The review examined the project's compliance with the Comprehensive Plan and identified recommendations for the development.

Key Speakers

The presentation involved Ms. Rackers, Mr. Howard, and Susan Hill.

Presentation and Findings

The project was found to be in compliance with the Comprehensive Plan. Staff identified several areas for recommendations to enhance the project:

• Sustainability measures
• Stormwater management
• Pedestrian access
• Landscaping

Outcome

A motion regarding the public facility review passed unanimously.

Planning Services Activity Report

1:57:25

Staff presented an activity report on planning services operations, covering multiple areas of departmental work.

Key Speakers

The report was presented by Ms. Cunningham, Mr. Taylor, and Ms. Wade.

Topics Covered

The presentation included updates on:

• Processing of zoning applications
• Subdivision plans review
• Board of Adjustment appeals
• Pre-application conferences
• Public outreach initiatives
• Software implementation efforts

Outcome

This agenda item was informational in nature, providing the board with an overview of planning services activities without requiring a vote or formal decision.

Zoning Enforcement Activity Report

Ms. Cunningham presented the Zoning Enforcement Activity Report 1:57:25, providing an overview of recent enforcement activities and ongoing compliance efforts.

Activity Summary

The report documented significant enforcement activity during the reporting period:

• 55 new complaints were received
• 49 complaints were resolved
• 38 conditional use inspections were conducted

Key Focus Areas

The presentation highlighted two primary areas of ongoing attention:

• Electronic Signage: Continued efforts to address electronic signage compliance issues
• Housing for Recovering Alcoholics: Ongoing work to ensure compliance with Fair Housing Act requirements related to housing for individuals in recovery

Outcome

This agenda item was presented for informational purposes, with no action required. The report provided the body with an update on the zoning enforcement division's activities and current priorities.

Long Range Planning Activity Report

Ms. Cunningham presented an informational report on long range planning activities 1:57:25.

The report covered the following items:

• Adoption of Small Area Plans: The Armstrong Mill West and Cardinal Valley Small Area Plans were adopted.

• Public School Redistricting: An update was provided on public school redistricting efforts.

• Citizens' Planning Academy: The report included information on the Citizens' Planning Academy program.

• University of Kentucky Presentations: Presentations from the University of Kentucky were noted as part of the planning activities.

This was an informational presentation with no action items or formal outcomes requiring a vote or decision.

Transportation Planning Activity Report

Ms. Cunningham presented the Transportation Planning Activity Report during this agenda item 1:57:25.

The report covered MPO (Metropolitan Planning Organization) activities and included updates on several operational areas:

• Website Updates: The MPO website was updated with current information and resources.
• Social Media Growth: The organization reported growth in its social media presence and engagement.
• Regional Planning Meetings: Ms. Cunningham reported on participation in regional planning meetings.

This was an informational presentation with no debate or concerns raised during the discussion. The outcome was informational in nature, providing the board with updates on the MPO's ongoing activities and outreach efforts.