Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on January 28, 2016, at 1:33 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, which included nine agenda items, eleven motions and votes, and four public comments.

The Commission approved the minutes from the previous meeting and addressed nine substantive agenda items. Five zoning map amendment requests with associated Zoning Development Plans (ZDP) were postponed: those for Anderson Bridgewater, LLC; Solar Eclipse LLC; Larry Luttrell, Jr.; Turwell, LLC; and Jake Reardon. Two zoning map amendments with associated ZDPs were approved: one for Strongbox LLC and one for RML Construction LLP. Additionally, the Commission approved ZODA 2015-8, an amendment to Article 17 regarding signage regulations for hospitals and regional medical campuses.

Attendance

Present: - Will Berkley - Mike Cravens - David Drake - Karen Mundy - Mike Owens - Carolyn Plumlee - Carolyn Richardson - Joseph Smith - Bill Wilson

Absent: - Patrick Brewer - Frank Penn

Late: None reported

Votes and Decisions

The Commission voted on eleven items during this meeting, with all votes conducted by voice vote and all items passing or being postponed as proposed.

Postponements

Five zoning map amendment applications were postponed:

• MARC 2015-24: Larry Luttrell, Jr. zoning map amendment and associated conditional use and ZDP, postponed on motion by Mr. Cravens, seconded by Ms. Mundy 22:23
• MAR 2015-27: Anderson Bridgewater, LLC zoning map amendment and associated ZDP, postponed on motion by Mr. Cravens, seconded by Ms. Richardson 20:17
• MARV 2016-4: Solar Eclipse LLC zoning map amendment and associated ZDP, postponed on motion by Ms. Plumlee, seconded by Ms. Mundy 21:18
• MAR 2016-1: Turwell, LLC zoning map amendment and associated ZDP, postponed on motion by Mr. Chair, seconded by Mr. Chair 24:09
• MAR 2016-2: Jake Reardon zoning map amendment and associated ZDP, postponed on motion by Mr. Chair, seconded by Mr. Chair 26:15

All postponements were approved unanimously by voice vote with nine members voting in favor.

Approvals

Six items were approved:

• MARV 2015-28: Strongbox LLC zoning map amendment from B-5P to I-1, approved on motion by Mr. Berkley, seconded by Ms. Richardson 57:29
• MARV 2015-28: Requested variance to eliminate property perimeter landscaping, approved on motion by Mr. Chair, seconded by Ms. Richardson 58:31
• ZDP 2015-120: Approval with 10 conditions, deleting conditions 11, 12, 13, and 14, approved on motion by Mr. Wilson, seconded by Mr. Chair 59:02
• MAR 2016-3: RML Construction LLP zoning map amendment from R1D to R4, approved on motion by Mr. Chair, seconded by Ms. Richardson 1:26:21
• ZDP 2016-5: Approval with nine conditions, approved on motion by Mr. Chair, seconded by Ms. Richardson 1:26:54
• ZODA 2015-8: Amendment to Article 17 for signage for hospitals and regional medical campuses, approved on motion by Ms. Plumlee, seconded by Ms. Plumlee 1:41:55

All approvals passed unanimously by voice vote with nine members voting in favor and no votes against.

Public Comment

Four members of the public provided comments during the meeting.

Notice of Zoning Change

Janet Cabanis 24:44 requested more advance notice for future postponements. She noted that only 21 hours of notice was given for the postponement, which prevented many neighbors from attending due to insufficient notification time.

Paula Singer 27:05 raised concerns about the notice process for the zoning change. She reported that zone change signs had been removed multiple times and were only posted for two of the required 15 days, questioning whether neighbors had received proper notice of the proposal.

Postponement Decision

Tony Hancock 30:01 questioned the commission's decision to postpone a case when both staff and the zoning committee had recommended disapproval. He suggested that issuing a direct disapproval would be more efficient than postponing the matter.

Signage Amendment

Nathan Billings 1:39:38 supported the staff's revised language for a signage amendment. He urged the commission to clarify the distinction between "hospital" and "hospital campus" in the ordinance. He also recommended that the commission consider implementing lighting restrictions near residential zones to reduce light pollution.

Contested Items

Notice of Zoning Change

Residents raised concerns about the zoning change notification process. Community members expressed opposition after discovering that zone change signs had been removed multiple times and were not posted for the full 15-day notice period required for proper notification. This raised questions about whether the public had been adequately informed of the proposed zoning change.

Campbell Lane Closure and Turnaround

Commission members were divided on when to address the closure of Campbell Lane and the need for a turnaround at its end. The debate centered on whether this issue should be resolved during the final development plan stage or at an earlier point in the process. Staff and the applicant indicated that the matter could be addressed and resolved at the final development plan stage, suggesting a path forward despite the disagreement over timing.

Zoning Change for RML Construction

A heated discussion emerged regarding the zoning change for RML Construction, with commission members questioning the status of Campbell Lane as either a public or private right-of-way. Staff acknowledged that records on this matter were poor and unclear. The commission determined that clarification of Campbell Lane's status would need to occur during the final development plan stage, deferring resolution of this contentious issue to a later phase of the approval process.

Approval of Minutes

The minutes from the December 17, 2015, meeting were presented for approval. Ms. Plumlee and Ms. Mundy participated in this agenda item 19:09.

The minutes were approved by voice vote with no objections raised.

Postponement of Anderson Bridgewater, LLC zoning map amendment and associated ZDP

20:17

The commission considered a postponement request for the Anderson Bridgewater, LLC zoning map amendment and associated Zoning Development Plan (ZDP). Dick Murphy addressed the commission regarding this item.

The petitioner requested that the matter be postponed to February 25, 2016. The commission approved this postponement with no opposition from either the commission members or members of the public present at the meeting.

The item was deferred as requested.

Postponement of Solar Eclipse LLC zoning map amendment and associated ZDP

21:18

The board considered a postponement of the zoning map amendment and associated Zoning Development Plan (ZDP) for Solar Eclipse LLC. The item was deferred at the request of the petitioner.

Key Speakers and Comments

The discussion involved Dick Murphy, Janet Cabanis, and Paula Singer. The Harrods View Neighborhood Association submitted public comment requesting additional notice regarding the proposal.

Outcome

The zoning map amendment and associated ZDP were postponed to February 25, 2016.

Postponement of Larry Luttrell, Jr. zoning map amendment and associated ZDP

22:23

The zoning map amendment and associated Zoning Development Plan (ZDP) for Larry Luttrell, Jr. was postponed during this agenda item.

Outcome

The item was deferred to February 25, 2016. The postponement was made at the request of the petitioner, and no public opposition was raised during the meeting.

Key Participant

Kevin Phillips was the key speaker on this agenda item.

Postponement of Turwell, LLC zoning map amendment and associated ZDP

24:09

The board considered a motion to postpone the zoning map amendment and associated Zoning Development Plan (ZDP) for Turwell, LLC. The postponement was requested by the petitioner.

Key Speakers

Tom Lambden and Janet Cabanis participated in the discussion of this agenda item.

Public Comment

The Stonewall Community Association provided public comment during consideration of this item, requesting more notice regarding the proposal.

Outcome

The board approved the postponement, deferring the zoning map amendment and associated ZDP to February 25, 2016.

Postponement of Jake Reardon zoning map amendment and associated ZDP

26:15

The Jake Reardon zoning map amendment and associated Zoning Development Plan (ZDP) was postponed to February 25, 2016, at the request of the petitioner.

During discussion of this agenda item, Dick Murphy and Paula Singer provided comments. Paula Singer, speaking on behalf of the opposition, expressed concern about inadequate notice regarding the proposal. This notice issue was raised as a matter of public record during the comment period.

The item was deferred without proceeding to a vote on the merits of the zoning amendment or development plan at this meeting.

Strongbox LLC zoning map amendment and associated ZDP

33:47

The commission considered a zoning map amendment and associated Zoning Development Plan (ZDP) for Strongbox LLC. The proposal involved rezoning from B-5P to I-1 classification and included a variance request to eliminate perimeter landscaping requirements.

Key speakers on this item included Ms. Wade, Mr. Emmons, and Nick Nicholson, who presented details of the proposal and addressed the commission's consideration.

The commission approved all three components of the request:

• Rezoning from B-5P to I-1
• Variance to eliminate perimeter landscaping
• ZDP with 10 conditions

The approval was granted with no objections from the commission members present.

RML Construction LLP zoning map amendment and associated ZDP

1:00:57

The commission considered a zoning map amendment and associated Zoning Development Plan (ZDP) for RML Construction LLP. The proposal involved rezoning from R1D to R4 designation.

Key Discussion Points

Ms. Whiten and Mr. Murphy were the primary speakers on this agenda item. Discussion focused on Campbell Lane closure and turnaround arrangements as part of the development plan.

Outcome

The commission approved the rezoning from R1D to R4 and the revised ZDP. The approval included nine conditions that the applicant must satisfy.

ZODA 2015-8 Amendment to Article 17 for signage for hospitals and regional medical campuses

1:27:26

The commission considered an amendment to Article 17 of the zoning ordinance regarding signage regulations for hospitals and regional medical campuses. The amendment establishes limitations on sign size, location, and lighting for these facilities.

Key Speakers and Presentation

Ms. Wade, Mr. Nicholson, and Nathan Billings participated in the discussion of this agenda item.

Outcome

The commission approved the staff-recommended amendment to Article 17. The approval followed a review process that included public input and staff analysis of the proposed signage restrictions.