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Planning Commission Zoning Public Hearing

July 23, 2015 · 23,537 words

Summary

Meeting Overview

The Urban County Planning Commission met on July 23, 2015, at 1:30 p.m. in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting.

The Commission addressed seven agenda items during the session. The meeting began with a call to order and approval of minutes, followed by consideration of postponements and withdrawals. The Commission then reviewed and approved land subdivision items and zoning items. Commission items and staff items were also addressed, with staff items presented for informational purposes. Overall, the Commission took seven motions and votes and heard five public comments during the meeting.

Attendance

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

Absent: Patrick Brewer, Carolyn Plumlee

Late: None reported

Votes and Decisions

MARV 2015-8: Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan 12:20

Motion by Frank Penn, seconded by Karen Mundy. Outcome: Postponed. Voice vote.

MAR 2015-11: Lex Properties, LLC, Zoning Map Amendment & Winding Creek at Monticello Zoning Development Plan 13:29

Motion by Karen Mundy, seconded by Joseph Smith. Outcome: Postponed. Voice vote.

PLAN 2015-64F: The Grange Estates (Lots 8, 10, 12 & 17) (AMD) 18:52

Motion by Will Berkley, seconded by Carolyn Richardson. Outcome: Passed. Voice vote with all nine members voting in favor.

Conditions of approval: - Urban County Engineer's acceptance of drainage, storm and sanitary sewers - Urban County Traffic Engineer's approval of street cross-sections and access - Addressing Office's approval of street names and addresses - Addition of private street and access maintenance note - Denote date of review by Paris Pike Corridor Commission on plat - Denote building, development, maintenance and use restrictions for HOA lot (Lot 17) - Correct Owner's Certification - Review by Technical Committee prior to plan certification

MAR 2015-10: North Forty Properties, LLC, Zoning Map Amendment & Clark Property, Unit 4, Zoning Development Plan 2:04:28

Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed. Voice vote with all nine members voting in favor.

ZDP 2015-52: Clark Property, Unit 4 2:10:10

Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed. Voice vote with all nine members voting in favor.

ZODA 2015-6: Amendment to Article 17: Construction Screening Signage & Identification Signs in Business & Industrial Zones 2:45:24

Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed. Voice vote with all nine members voting in favor.

PFR 2015-5: UK Healthcare – Good Samaritan Hospital – Public Facility Review 2:53:09

Motion by Karen Mundy, seconded by Joseph Smith. Outcome: Passed. Voice vote with all nine members voting in favor.

Public Comment

Five residents spoke during the public comment period, all expressing opposition to the MAR 2015-10 rezoning proposal.

Marsha Stanhope, Vice President of the Greenbrier Residents Association, requested a postponement of the rezoning decision 1:03:44. She asked for additional time to allow the association to study the plan and understand its full implications before proceeding to a vote.

Elizabeth Booth raised concerns about the rezoning's impact on neighborhood buffers 1:05:17. She argued that the proposal would destroy the buffer between agricultural land and residential development, and stated that approving it would set a harmful precedent that violates the intent of the Expansion Area Master Plan.

Brandon Jacobs, a homeowner, expressed concerns about encroachment on his property 1:15:18. He stated that the proposed development would encroach on his private backyard and disrupt the green space he was promised when he purchased his home.

Dave Booth challenged the developer's density averaging claims 1:17:37. He argued that approving the rezoning would set a precedent allowing other adjacent properties to request similar zoning changes.

Susan Enloe, a resident of Greenbrier Subdivision, opposed the rezoning on multiple grounds 1:55:39. She cited lack of notice to affected residents, concerns about increased density, and potential negative impacts on neighborhood character. She requested postponement to allow affected neighbors adequate time to review the plan.

Common themes among the speakers included concerns about inadequate notice and review time, impacts on neighborhood character and green space, precedent-setting implications, and requests for postponement of the decision.

Contested Items

MAR 2015-10: North Forty Properties, LLC Zoning Map Amendment

This proposal to amend the zoning map faced significant community opposition. Residents from Greenbrier Subdivision and surrounding areas objected to the rezoning, citing multiple concerns. Their primary objections centered on the potential for increased density in the area, the lack of adequate notice to affected residents, and worry that approval would set a precedent affecting agricultural land buffers in the region.

ZODA 2015-6: Signage Amendment

This item involved a disagreement over the permitted size of identification signs. The applicant requested approval for signs measuring 100 square feet, while staff recommended a smaller alternative of 75 square feet. The disagreement reflected differing views on appropriate signage dimensions for the proposed use. The staff recommendation for 75 square feet was ultimately approved.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chamber 0:00. Mike Owens presided over the session.

Approval of Minutes

10:18

A motion was made to approve the minutes from three previous meetings held on May 14, June 25, and July 9, 2015. Mike Cravens made the motion, and Carolyn Richardson seconded it.

The motion passed unanimously.

Postponements and Withdrawals

Two items were postponed during this agenda item 11:02.

Items Postponed: - MARV 2015-8 - MAR 2015-11

Reason for Postponement:

Attorney Dick Murphy requested the postponement of both items due to pending property transactions and environmental studies that require additional time to complete.

Outcome:

Both items were deferred.

Land Subdivision Items

The Subdivision Committee presented a recommendation for approval of PLAN 2015-64F 14:00. Tom Martin and Rory Kahly were the key speakers on this item.

The committee recommended approval of the plan subject to eight conditions. These conditions included a requirement for review by the Technical Committee and notation of the Paris Pike Corridor Commission's review date.

The item was approved.

Zoning Items

The Zoning Committee reviewed three zoning map amendments during this portion of the meeting. 19:27

Amendments Reviewed

The committee considered the following zoning map amendments: - MAR 2015-10 - MAR 2015-11 - MARV 2015-8

Outcomes

MAR 2015-10 was approved with conditions. The other two amendments—MAR 2015-11 and MARV 2015-8—were postponed.

Key Participants

Traci Wade and Dick Murphy were the primary speakers during the zoning items discussion.

Commission Items

During this agenda item, the commission reviewed PFR 2015-5 concerning UK Healthcare's Good Samaritan Hospital expansion project. 2:46:25

Barbara Rackers and John Hunt presented the matter to the commission. The review determined that the proposed expansion was in compliance with both the Comprehensive Plan and Destination 2040.

The commission approved the item.

Staff Items

7:13

Staff provided an informational update on ongoing planning activities and administrative matters. Chris King and Traci Wade reported on several operational areas.

Planning Activities

Staff reported on the processing of zoning applications, subdivision plans, and public facility reviews. These routine planning functions represent the core workload of the department during the reporting period.

Upcoming Work Sessions

The staff update included discussion of upcoming work sessions, indicating planned meetings to address specific planning or administrative topics.

Software Implementation

Staff also discussed the implementation of new software, suggesting ongoing efforts to modernize departmental operations and systems.

Outcome

This agenda item was informational in nature, with no formal action or decision required. The update provided the governing body with visibility into staff activities and upcoming initiatives.

Decisions

  • Motion — postponed: Approval of MARV 2015-8: Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan
  • Motion — postponed: Approval of MAR 2015-11: Lex Properties, LLC, Zoning Map Amendment & Winding Creek at Monticello Zoning Development Plan
  • Motion — passed: Approval of PLAN 2015-64F: The Grange Estates (Lots 8, 10, 12 & 17) (AMD)
  • Motion — passed: Approval of MAR 2015-10: North Forty Properties, LLC, Zoning Map Amendment & Clark Property, Unit 4, Zoning Development Plan
  • Motion — passed: Approval of ZDP 2015-52: Clark Property, Unit 4
  • Motion — passed: Approval of ZODA 2015-6: Amendment to Article 17: Construction Screening Signage & Identification Signs in Business & Industrial Zones
  • Motion — passed: Approval of PFR 2015-5: UK Healthcare – Good Samaritan Hospital – Public Facility Review