Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 23, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. The commission considered nine agenda items during the meeting. Of these items, eight were postponed to future dates, while one item—PFR 2015-5 regarding UK Healthcare's Good Samaritan Hospital Public Facility Review—was approved. The commission took four motions and votes during the meeting. No public comments were heard.

Votes and Decisions

Four items were brought to a vote during this meeting, all of which were postponed.

Dr. Michael Gentry Zoning Map Amendment

A proposal for approval of a zoning map amendment from R-1D to B-4 zone and variance to reduce kennel setback from 100 to 50 feet was postponed. The vote was conducted by voice. Four conditions were attached to the proposal: (1) Urban County Council must rezone the property to B-4, or the Commission action becomes null and void; (2) any development must follow the approved Development Plan or future amendments permitted under Article 21-7 of the Zoning Ordinance; (3) a note must be placed on the Zoning Development Plan indicating approved variances; and (4) the tree line along the northwestern property line must be retained.

North Forty Properties, LLC Zoning Map Amendment

A proposal for approval of a zoning map amendment from EAR-1 to EAR-2 zone and certification of ZDP 2015-52: Clark Property, Unit 4 was postponed. The vote was conducted by voice. Nineteen conditions were attached, including requirements for Urban County Engineer acceptance of drainage and sewers, Traffic Engineer approval of parking and circulation, Urban Forester approval of tree inventory, and Greenspace Planner approval of greenway treatment. The proposal also requires Council rezoning to EAR-2 for Commission action to remain valid.

Lex Properties, LLC Zoning Map Amendment

A proposal for approval of a zoning map amendment from A-U to R-3 zone and certification of ZDP 2015-53: Winding Creek at Monticello was postponed. The vote was conducted by voice. Fourteen conditions were attached, including requirements for Urban County Engineer and Traffic Engineer approvals, Urban Forester approval of tree inventory, and Department of Environmental Quality approval of environmentally sensitive areas. Council rezoning to R-3 is required for the Commission action to remain valid.

ZOTA 2015-6: Amendment to Article 17

A proposal for approval of ZOTA 2015-6, an amendment to Article 17 regarding Construction Screening Signage and Identification Signs in Business and Industrial Zones, was postponed. The vote was conducted by voice. Two conditions were noted regarding concerns that the proposal would not further the intent of Article 17's sign regulations and that increased sign square footage in permissive zones is unnecessary given the Board of Adjustment's existing authority.

Contested Items

The July 23, 2015 meeting included three items that generated significant disagreement among decision-makers and staff.

Dr. Michael Gentry Zoning Map Amendment

This proposal involved rezoning a residential area for commercial use. The Zoning Committee recommended approval, but staff recommended disapproval based on concerns about Comprehensive Plan incompatibility and potential neighborhood impact. The disagreement centered on whether the rezoning aligned with the community's long-term planning goals and whether it would negatively affect the surrounding residential area.

Lex Properties, LLC Rezoning from A-U to R-3

The proposal to rezone this property for residential development faced opposition due to environmental concerns. The site had previously been used as a sanitary sewer treatment plant, raising questions about soil contamination and whether the land was suitable for residential use. The environmental history of the property became a central point of contention regarding public health and safety.

ZOTA 2015-6: Signage Amendment

This item involved a proposed amendment to increase identification signs. Staff and the Zoning Committee disagreed on whether the increase would undermine the aesthetic intent of Article 17 of the zoning ordinance. This procedural dispute centered on balancing business identification needs against community aesthetic standards. The Zoning Committee recommended postponement of this item rather than moving forward with approval or denial.

PLAN 2015-64F: THE GRANGE ESTATES (LOTS 8, 10, 12 & 17) (AMD) (9/22/15)*

This agenda item addressed a subdivision plan previously postponed on July 9, 2015. The proposal seeks to reconfigure three lots located in the A-R zone and create one HOA lot.

The Subdivision Committee recommended postponement of the plan, citing several outstanding concerns:

• Signage issues requiring resolution
• Affidavit requirements that needed to be addressed
• The need for Paris Pike Corridor Commission review

Before approval can be granted, the plan must satisfy the following requirements:

• Urban County Engineer's acceptance of drainage and sewers
• Traffic Engineer's approval of access
• Addressing Office's approval of street names
• Inclusion of a private street maintenance note

The plan was postponed as recommended by the Subdivision Committee.

MARV 2015-8: DR. MICHAEL GENTRY (8/2/15)* – petition for zone map amendment from R-1D to B-4 zone

Dr. Michael Gentry petitioned for a zone map amendment to rezone 4.17 net acres located at 2833 Liberty Road from R-1D (residential) to B-4 (business) zoning. The proposed rezoning would facilitate the development of a veterinary clinic and animal kennel on the site.

The Zoning Committee recommended approval of the petition. However, staff recommended disapproval based on several concerns:

• Comprehensive Plan incompatibility: The rezoning was deemed incompatible with the 2013 Comprehensive Plan
• Neighborhood impact: Potential negative effects on nearby residential neighborhoods
• Historic District concerns: Possible impacts on the adjacent Cadentown Historic District
• Site selection justification: Staff found insufficient justification for "leapfrogging" to this particular site rather than utilizing other available locations

A dimensional variance was also requested to reduce the kennel setback requirement from 100 feet to 50 feet. Both staff and the Zoning Committee recommended approval of this variance.

The agenda item was postponed and did not receive a final decision at this meeting.

ZDP 2015-49: CADENTOWN SUBDIVISION – ANIMAL HOSPITAL/KENNEL (8/2/15)*

The Subdivision Committee reviewed a zoning development plan for an animal hospital and kennel facility proposed in the Cadentown Subdivision. The plan requires approval of a B-4 zoning change.

Committee Recommendation and Concerns

The Subdivision Committee recommended postponement of this item due to unresolved questions regarding the proposed development. Primary concerns centered on access to the proposed trail system and the configuration of outdoor pet areas.

Required Approvals and Conditions

The proposal is subject to multiple conditions and approvals, including:

• Urban County Engineer approval
• Traffic Engineer approval
• Tree inventory documentation
• Greenspace treatment specifications
• Clarification of outdoor kennel space configuration
• Clarification of access points to the facility

Outcome

The item was postponed, allowing time for the applicant to address the committee's outstanding questions and concerns before resubmission for consideration.

MAR 2015-10: NORTH FORTY PROPERTIES, LLC (8/30/15)* – petition for zone map amendment

North Forty Properties, LLC petitioned for a zone map amendment to rezone 46.64 net acres located at 1551 Deer Haven Lane from EAR-1 to EAR-2 zone. The proposed project involves a residential development of approximately 225 single-family lots.

Staff and Committee Recommendations

The Zoning Committee recommended approval of the petition. The committee found that the proposal aligned with the 2013 Comprehensive Plan and the Expansion Area Master Plan. Staff also recommended approval, noting that the development complied with density averaging and clustering requirements.

Subdivision Committee Concerns

The Subdivision Committee recommended postponement of the petition, citing several concerns about the proposed development design. The committee raised issues regarding street configuration, lotting proportions, and access to park areas. These concerns indicated that additional review and potentially design modifications would be necessary before the petition could move forward.

Outcome

The petition was postponed, reflecting the Subdivision Committee's recommendation that further consideration of the design elements was needed before approval could be granted.

ZDP 2015-52: CLARK PROPERTY, UNIT 4 (8/30/15)*

The Subdivision Committee reviewed the Clark Property, Unit 4 subdivision plan and recommended postponement of the item. The committee identified several unresolved concerns that required further attention before the plan could proceed.

Key Issues Identified

The committee raised concerns regarding:

• Street configuration
• Lotting proportions
• Access to park areas
• Greenway connectivity

Required Conditions and Certifications

Prior to forwarding the plan to the Urban County Council, the proposal requires certification by the Planning Commission. The plan must also comply with several conditions, including:

• Tree inventory documentation
• Greenspace treatment specifications
• Sidewalk requirements
• Compliance with the EAMP (Environmental Assessment and Mitigation Plan)

Outcome

The item was postponed to allow time for the applicant to address the committee's concerns and satisfy the identified conditions before resubmission.

MAR 2015-11: LEX PROPERTIES, LLC (8/30/15)* – petition for zone map amendment from A-U to R-3 zone

Lex Properties, LLC petitioned for a zone map amendment to rezone 10.14 net and gross acres located at 3455 Saybrook Road from A-U (Agricultural-Urban) to R-3 zone. The petitioner proposed developing the site for 27 detached single-family lots.

The Zoning Committee recommended postponement of the petition, citing environmental concerns related to the site's history. The property was previously used as a sanitary sewer treatment plant, raising questions about potential contamination and site suitability for residential development.

Staff also recommended postponement, emphasizing the need for additional environmental assessment before proceeding. Staff noted that Phase I or Phase II environmental studies would be necessary to evaluate the site's conditions and any potential impacts from its prior industrial use. Additionally, staff suggested that R-1D zone would be more appropriate for the proposed development than the requested R-3 zone.

The petition was postponed.

ZDP 2015-53: WINDING CREEK AT MONTICELLO (8/30/15)*

The Subdivision Committee reviewed this zoning and development proposal and recommended postponement. The committee identified several unresolved issues that required further attention before the proposal could move forward.

Key Concerns

The primary concerns centered on environmental matters and site planning:

• Environmental study requirements needed to be completed
• Floodplain setback provisions required clarification and proper implementation
• Access to LFUCG (Lexington-Fayette Urban County Government) property and park areas needed to be clearly defined and resolved

Conditions for Approval

The proposal would be subject to the following conditions:

• Department of Environmental Quality approval
• Tree protection measures

Outcome

The item was postponed, allowing time for the applicant to address the environmental concerns, resolve the lotting issues, and clarify the access arrangements to public property and park areas before resubmission to the committee.

ZOTA 2015-6: AMENDMENT TO ARTICLE 17: CONSTRUCTION SCREENING SIGNAGE & IDENTIFICATION SIGNS

This agenda item addressed a proposed amendment to Article 17 regarding identification signs on construction projects. The proposal would permit up to four identification signs on large commercial or industrial developments.

Staff Position

Staff recommended disapproval of the amendment, arguing that it would undermine the intent of Article 17 to maintain community aesthetics and prevent undue signage distraction.

Committee Recommendation

The Zoning Committee recommended postponement of the proposal rather than immediate approval or denial.

Outcome

The item was postponed.

PFR 2015-5: UK HEALTHCARE – GOOD SAMARITAN HOSPITAL – Public Facility Review

A Public Facility Review was presented for the renovation and expansion of Good Samaritan Hospital's Emergency Department. The review examined the project's consistency with local planning and comprehensive development guidelines.

Project Assessment

The review found no opposition to the project from the Comprehensive Plan. Several goals within the plan were identified as supporting the proposed renovation and expansion. The hospital site was determined to be consistent with Professional Service/Office use designations, making the expansion appropriate for the location.

Benefits

The expansion project was noted as having the potential to improve emergency services for the region, addressing capacity and service delivery needs.

Outcome

The Public Facility Review was approved.