Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 27, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mr. Chairman presided over the meeting, which included consideration of five agenda items. The Commission approved the minutes from the July 23, 2015 meeting and took action on three zoning map amendment and zoning development plan proposals. Two of these proposals—one from Solomon Van Meter and another from Gulfstream Enterprises, LLC—were approved, while a proposal from Lex Properties, LLC was denied. One item regarding postponements and withdrawals was deferred. During the meeting, the Commission took 10 votes and heard 7 public comments.

Attendance

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

Absent: Will Berkley and Bill Wilson.

Late arrivals: None.

Votes and Decisions

The meeting included ten votes on various zoning and development matters, all conducted by voice vote.

Postponements

Three items were postponed to later dates:

• MAR 2015-15 (Flying Dutchman Properties, LLC) was postponed to October 22, 2015. Motion by Ms. Mundy, seconded by Mr. Smith 19:00
• MARV 2015-8 (Dr. Michael Gentry) was postponed to September 24, 2015. Motion by Mr. Penn, seconded by Ms. Richardson 20:03
• CT 2015-1 (Skyway Towers, LLC & Cellco Partnership) was postponed to September 10, 2015. Motion by Ms. Plumlee, seconded by Mr. Penn 21:05

Approvals

Four items were approved:

• MARV 2015-12 (Solomon Van Meter) for zone change from B-4 to B-1, with three conditions including Urban County Council rezoning requirement and development plan compliance. Motion by Mr. Brewer, seconded by Mr. Owens 44:18
• A variance to increase maximum front yard setback from 20 to 100 feet in B-1 zone, with the same three conditions. Motion by Mr. Brewer, seconded by Mr. Owens 44:49
• ZDP 2015-61 (Meadowthorpe Community Business Center, Unit 1) with thirteen revised conditions addressing engineering, traffic, forestry, and site design requirements. Motion by Mr. Brewer, seconded by Ms. Mundy 46:00
• MARV 2015-14 (Gulfstream Enterprises, LLC) for zone change from B-6P to B-5P, with seven conditions including rezoning requirement and prohibition on outdoor swimming pools. Motion by Mr. Owens, seconded by Ms. Mundy 57:28
• ZDP 2015-65 (Man o' War, Unit 2A) with the same seven conditions as MARV 2015-14. Motion by Mr. Owens, seconded by Ms. Mundy 57:59

Disapproval and Indefinite Postponement

• MAR 2015-11 (Lex Properties, LLC) for zone change from A-U to R-3 was disapproved, with findings that the R-3 zone conflicts with the 2013 Comprehensive Plan and is incompatible with surrounding neighborhoods. Motion by Ms. Plumlee, seconded by Mr. Penn 2:51:40
• ZDP 2015-53 (Winding Creek at Monticello) was indefinitely postponed pending further review of environmental and zoning concerns. Motion by Mr. Owens, seconded by Ms. Mundy 2:52:48

Public Comment

Seven members of the public provided comments on the proposed development during the meeting.

Flooding and Drainage Concerns

Larry Stahlman 41:00 expressed concern about potential flooding on his property due to the proposed development, particularly during heavy rainfall, and requested assurance that drainage would not worsen the situation.

Mark Tucker 2:20:14 shared personal experience with sewer overflows and warned that new development could worsen downstream flooding and overflow issues.

Environmental Contamination

Otto Pioski 2:04:04 raised concerns about possible PCB and heavy metal contamination from the former sewage treatment plant. He cited a soil test result slightly above EPA limits and called for further testing.

Zoning and Land Use

Robin Young 2:21:53 advocated for R1 zoning instead of R3 to maintain compatibility with surrounding neighborhoods and preserve the current use of the property as a buffer.

Daniel Evan Belt 2:24:41 questioned the developer's claim of needing R3 zoning flexibility, asking whether the plan could be changed after approval and whether lot sizes would be fixed.

School Enrollment and Lot Size

Molly Franklin 2:19:07 noted that Wellington Elementary School enrollment will increase next year due to redistricting and expressed concern that R3 zoning could lead to smaller lot sizes than promised.

Property Access

Cabby Acres 2:25:51 asked about access to and responsibility for land on the other side of the creek, which is currently undeveloped and inaccessible.

Contested Items

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

A proposal to rezone property owned by Lex Properties, LLC from A-U (Agricultural-Urban) to R-3 (Residential) zoning generated significant community opposition. Over 400 neighbors voiced concerns about the proposed rezoning, citing multiple issues with the development plan.

The primary concerns raised by opposing neighbors included:

• Environmental contamination at the site
• Development within the floodplain
• Incompatibility with surrounding neighborhoods

Staff analysis supported the community's position, with the planning staff recommending disapproval of the zone change request.

The Commission voted to disapprove the rezoning from A-U to R-3 and indefinitely postponed the associated development plan, effectively blocking the project from moving forward.

Approval of Minutes – July 23, 2015

The minutes from the July 23, 2015, meeting were presented for approval. 17:53

Mr. Cravens and Ms. Richardson were the key speakers on this agenda item.

The minutes were approved by a vote of 9-0, with no objections raised.

Postponements and Withdrawals

During this agenda item, the meeting addressed requests to postpone three items from the current agenda. 18:27

Items Postponed:

• Flying Dutchman Properties – postponed to October 22
• Dr. Michael Gentry – postponed to September 24
• Skyway Towers – postponed to September 10

Key Participants:

Jacob Walbourn, Richard Murphy, and Mr. Sally participated in the discussion of these postponements.

Outcome:

All three postponement requests were approved and deferred to their respective future dates. No withdrawals were requested during this agenda item.

Zoning Map Amendment & Zoning Development Plan – Solomon Van Meter

25:28

The Planning Commission heard a presentation regarding a proposed zoning map amendment and development plan for 1447 Antique Drive. The application sought to change the property's zoning classification from B-4 to B-1, along with a variance request for a 100-foot front yard setback.

Key Speakers and Presentation

The discussion involved Mr. Sallee, Mr. Martin, Mr. Emmons, and applicant Solomon Van Meter. The applicant and staff presented the proposal to the Commission.

Basis for the Proposal

The zoning change and variance request were supported based on compatibility with the Comprehensive Plan and the surrounding neighborhood context. The presentation emphasized how the proposed changes aligned with existing planning documents and the character of the area.

Outcome

The Planning Commission approved the zoning map amendment and zoning development plan for Solomon Van Meter's property at 1447 Antique Drive.

Zoning Map Amendment & Zoning Development Plan – Gulfstream Enterprises, LLC

47:26

The Commission reviewed a zoning map amendment and development plan request from Gulfstream Enterprises, LLC for a site located near the I-75 and Man o' War interchange. The proposal sought to rezone the property from B-6P to B-5P to facilitate hotel development.

Presentation and Staff Recommendation

Ms. Wade, Ms. Gallagher, and Mr. Turner presented the request to the Commission. Staff recommended approval of the rezoning, citing the compatibility of the proposed hotel use with surrounding commercial and transportation-oriented uses in the area. Staff also noted that the site was currently underutilized, and the rezoning would allow for more productive use of the property consistent with the area's development pattern.

Outcome

The Commission approved the zoning map amendment and zoning development plan for Gulfstream Enterprises, LLC.

Zoning Map Amendment & Zoning Development Plan – Lex Properties, LLC

The Commission considered a proposal by Lex Properties, LLC to rezone a 10-acre site near Monticello from A-U (Agricultural-Urban) to R-3 (Residential). The rezoning would allow development of 27 single-family lots on the property.

Presentation and Discussion

Key speakers during the agenda item included Ms. Wade, Mr. Martin, Dick Murphy, Greg Edmondson, Otto Pioski, Bob Seelback, Molly Franklin, Mark Tucker, Robin Young, Daniel Evan Belt, and Cabby Acres. The discussion encompassed approximately 59 minutes of the meeting 59:13.

Concerns Raised

Neighbors and community members raised several significant concerns about the proposed development:

• Environmental contamination risks at the site
• Floodplain development issues
• Density concerns regarding the 27-lot proposal and its compatibility with the surrounding area

Staff Recommendation

The staff recommended disapproval of the rezoning proposal, citing two primary reasons:

• Environmental risks associated with the site
• Incompatibility with surrounding neighborhoods

Outcome

The Commission denied the zoning map amendment and zoning development plan for Lex Properties, LLC.