Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 24, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting.

The Commission considered eight agenda items during the session, which included zoning map amendments and subdivision zoning development plans. The Commission took 18 votes and heard 3 public comments. Of the eight items presented, six were approved, one was denied, and one was postponed. The approved items included Cave Hill Townhomes; the Greer Land Company Zoning Map Amendment and Riddell Plaza, Lot 3 (Parker Property) Zoning Development Plan; the Continental Real Estate Zoning Map Amendment and Coons Property, Tract 1 (AMD) Zoning Development Plan; Greer Neck Road LLC Zone Change and Gibson Park Subdivision; William R. Embry, Jr. and William R. Embry III, DBA TWP Housing Zoning Map Amendment; and Journeys End, LLC Zoning Map Amendment and Leastown Heights Subdivision, Lots 2 through 7, Zoning Development Plan. The Capkey Bluegrass Properties, LLC Zoning Map Amendment and Story Business Subdivision, Lot 6, Waller Avenue, Self Storage proposal was denied. The Dr. Michael Gentry Zoning Map Amendment and Cadentown Subdivision Zoning Development Plan was postponed.

Attendance

Present: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Carolyn Plumlee, Carolyn Richardson, and William Wilson

Absent: Frank Penn and Joseph Smith

Late arrivals: None

Votes and Decisions

The meeting included 19 votes, all of which passed unanimously with 9 ayes and 0 nays, except for one motion that failed.

Procedural Matters

Approval of minutes from August 27, 2015 passed unanimously 22:08. All nine members voted in favor: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Carolyn Plumlee, Carolyn Richardson, and William Wilson. The motion was made by Mr. Cravens and seconded by Ms. Richardson.

Postponements and Amendments

Postponement of MARV 2015-8 (Dr. Michael Gentry Zoning Map Amendment) to October 22, 2015 passed unanimously 23:44. Acceptance of an amendment to MAR 2015-19 to rezone 1108 South Broadway from B-4 to B-1 passed unanimously 26:05. Postponement of ZDP 2015-83 (Story Business Subdivision, Lot 6) passed unanimously 2:50:43.

Development and Zoning Approvals

Approval of DP 2015-74 (Cave Hill Townhomes) with revised conditions passed unanimously 33:43, requiring revision of sidewalk construction along Cave Hill Lane. Approval of MAR 2015-19 (Greer Land Company Zoning Map Amendment) as amended passed unanimously 53:27. Approval of ZDP 2015-79 (Riddell Plaza, Lot 3) with four conditions passed unanimously 53:57. Approval of MAR 2015-20 (Continental Real Estate Zoning Map Amendment) passed unanimously 1:06:23. Approval of ZDP 2015-81 with 10 conditions passed unanimously 1:06:57. Approval of MAR 2015-13 (Greer Neck Road LLC Zone Change) passed unanimously 1:28:13. Approval of ZDP 2015-62 with seven conditions passed unanimously 1:29:16. Approval of MAR 2015-18 (William R. Embry, Jr. Zoning Map Amendment) passed unanimously 3:17:53. Approval of a variance for ZDP 2015-80 allowing 15 parking spaces instead of 16 passed unanimously 3:18:24. Approval of ZDP 2015-80 with 10 revised conditions passed unanimously 3:18:54. Approval of MAR 2015-21 (Journeys End, LLC Zoning Map Amendment) passed unanimously 4:01:33. Approval of ZDP 2015-82 with 11 conditions passed unanimously 4:02:10.

Failed Motion

Approval of MAR 2015-17 (Capkey Bluegrass Properties Zoning Map Amendment) failed with 0 ayes and 9 nays 2:46:50. Support for staff's recommendation for disapproval of the variance for MAR 2015-17 passed unanimously 2:49:36.

Public Comment

Three residents provided public comment during the meeting, raising concerns about proposed development and safety issues in the area.

Bernitha Kendrick 3:14:03 expressed concern about safety in the neighborhood, noting that the area experiences high crime, prostitution, drug activity, and has registered sex offenders. She questioned whether it would be safe to place affordable housing in this location.

Barbara Stucker 3:39:12 opposed the rezoning of properties at 3092 and 3094 Lees Town Road. She raised multiple concerns about the impact of a proposed restaurant on the residential area, including potential decline in property values, increased noise, light pollution, traffic, and odors. She emphasized that residents expect peace and quiet in their neighborhood.

Olivia Escudero 3:44:37 addressed parking and safety concerns related to the restaurant and nearby child care center. She noted that people park in the cul-de-sac to access these facilities, creating congestion issues. She also expressed safety concerns, referencing a recent fire in the area.

Contested Items

Rezoning of 3092 and 3094 Lees Town Road for a Restaurant

Residents expressed strong opposition to the proposed rezoning of properties at 3092 and 3094 Lees Town Road to accommodate a restaurant. Community members raised multiple concerns about the impact on their neighborhood, citing potential effects on property values, noise, light pollution, traffic congestion, odors, and safety. The opposition was rooted in the proximity of residential homes to the proposed site, with residents worried about how a commercial restaurant operation would affect their quality of life and property interests.

Rezoning of Capkey Bluegrass Properties for Self-Storage

The commission was divided on the proposal to rezone Capkey Bluegrass Properties for self-storage development. Staff members and several commissioners recommended disapproval of the rezoning, citing insufficient market demand and concerns about compatibility with the surrounding area. In contrast, the applicant and at least one commissioner argued in favor of the proposal, emphasizing the economic investment potential and asserting that market need supported the project. This split reflected differing perspectives on whether the self-storage use represented an appropriate and economically justified development for the location.

Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan

Identifier: MARV 2015-8

Type: Ordinance

23:10

The Planning Commission considered a zoning map amendment and zoning development plan for the Dr. Michael Gentry and Cadentown Subdivision project. Richard Murphy addressed the Commission regarding this matter.

The petitioner requested a one-month postponement of the item to allow time to file an amended application. The Planning Commission granted this request and postponed the agenda item to October 22, 2015.

Outcome: Postponed to October 22, 2015

Cave Hill Townhomes

The Planning Commission reviewed the final development plan for Cave Hill Townhomes (DP 2015-74), a presentation item 27:11.

Key Speakers

Matt Carter and Ms. Gallt presented and discussed the project.

Outcome

The Planning Commission approved the final development plan for Cave Hill Townhomes.

Revised Conditions

The approval included revised conditions for the project. Notably, the Commission required the addition of sidewalks along Cave Hill Lane and a landscape buffer as part of the final development plan.

Greer Land Company Zoning Map Amendment & Riddell Plaza, Lot 3 (Parker Property)

36:37

The Planning Commission considered a zoning map amendment and development plan for the Parker Property located at 1108 South Broadway. The proposal sought to rezone the property from B-4 (General Business) to B-1 (Neighborhood Business) zoning classification.

Key Speakers and Presentation

Matt Carter, Ms. Wade, and Mr. Martin participated in the discussion of this agenda item.

Action Taken

The Planning Commission accepted the amendment to rezone 1108 South Broadway from B-4 to B-1 zoning. The Commission approved both the zoning map amendment and the associated Riddell Plaza, Lot 3 development plan.

Conditions

The approval included four conditions that the applicant must satisfy as part of the zoning change and development plan.

Outcome

The agenda item was approved.

Continental Real Estate Zoning Map Amendment & Coons Property, Tract 1 (AMD) (A Portion of) Zoning Development Plan

55:16

The Planning Commission considered a zoning map amendment and associated development plan for Continental Real Estate involving a portion of the Coons Property, Tract 1. Kevin Rich and Ms. Gallaty were key speakers during the discussion of this ordinance matter.

The Planning Commission approved the zoning map amendment and the associated Zoning Development Plan. The approval was conditional, with the Commission imposing 10 conditions on the project. These conditions included required revisions to parking and access arrangements for the development.

The outcome of the vote was approval of the ordinance.

Greer Neck Road LLC Zone Change & Gibson Park Subdivision

Case Number: MAR 2015-13

Type: Zoning map amendment and development plan

Outcome: Approved

The Planning Commission reviewed and approved a zoning map amendment and associated development plan for Greer Neck Road LLC's Gibson Park Subdivision 1:08:02.

Key Participants: - Mr. Martin - Matt Carter

Discussion and Concerns:

The Planning Commission addressed concerns regarding access points and traffic safety during its review of the proposal. These issues were central to the Commission's deliberations before reaching its decision.

Approval:

Following discussion of the access and traffic safety matters, the Planning Commission approved both the zoning map amendment and the associated development plan for the Gibson Park Subdivision project.

Capkey Bluegrass Properties, LLC Zoning Map Amendment & Story Business Subdivision

Agenda Item: MAR 2015-17

Project Description: The proposal involved a zoning map amendment and development plan for Lot 6, Waller Avenue, which would have permitted a self-storage facility as part of the Story Business Subdivision.

Key Participants: Dick Murphy, Dave King, Mr. Emmons, and Ms. Wade discussed the proposal during the Planning Commission review.

Outcome: The Planning Commission rejected both the zoning map amendment and the associated development plan.

Concerns Raised: The Planning Commission identified several significant issues with the proposal:

• Neighborhood Compatibility: Commissioners expressed concerns that the proposed self-storage use was not compatible with the surrounding neighborhood character and existing development patterns.

• Lack of Demand: The Commission questioned whether there was sufficient market demand to justify the proposed facility.

• Minimal Economic Benefit: The proposal was found to generate minimal job creation, limiting its economic contribution to the community.

Discussion Timeline: The discussion of this agenda item occurred approximately 2 hours and 36 minutes into the meeting 2:36:43.

The rejection reflected the Planning Commission's determination that the proposal did not meet the standards for approval based on land use compatibility, market justification, and community benefit considerations.

William R. Embry, Jr. & William R. Embry III, DBA TWP Housing Zoning Map Amendment

Identifier: MAR 2015-18

Type: Ordinance

The Planning Commission considered a zoning map amendment and development plan for an affordable housing project proposed by William R. Embry, Jr. and William R. Embry III, doing business as TWP Housing. 3:17:53

Key Speakers: - Mr. Murphy - Bill Embry - Mr. Emmons

Proposal Details:

The applicants requested rezoning of the property from B1 (Business) to R4 (Residential) classification to accommodate an affordable housing development. The proposal included an associated development plan and a variance request for parking reduction.

Outcome:

The Planning Commission approved the rezoning from B1 to R4, the development plan, and the requested parking reduction variance for the affordable housing project.

Journeys End, LLC Zoning Map Amendment & Leastown Heights Subdivision, Lots 2 through 7, Zoning Development Plan

Identifier: MAR 2015-21

The Planning Commission considered a zoning map amendment and development plan for Journeys End, LLC involving Leastown Heights Subdivision, Lots 2 through 7. The proposal sought to rezone the property from R1D to B1 zoning to accommodate a restaurant use.

Key Participants

The discussion involved Kevin Phillips, Brandon Green, Barbara Stucker, and Olivia Escudero.

Outcome

The Planning Commission approved the rezoning from R1D to B1 and the associated development plan. The approval included conditions for the project, notably requiring a connection to the Town Branch Trail.

4:01:33