Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 25, 2016, at 1:30 PM 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 nine agenda items, heard ten public comments, and took nine votes during the session.

The agenda included several zoning map amendments and subdivision development plans. Two items—the Larry Luttrell, Jr. proposal for Lane Allen Park Subdivision and the Anderson Bridgewater, LLC proposal for Anderson 2 Subdivision—were postponed. The Commission approved four items: the Approval of Minutes, the Patchen Place Subdivision Unit 1 Lot 4 Development Plan, the Jake Riordan Zoning Map Amendment and Vallandale Subdivision Development Plan, and the Solar Eclipse, LLC Zoning Map Amendment for the Schroyer Property, Dozier Property, and Unit 2 of Palomar Trace Subdivision. One item was denied: the Turwell, LLC Zoning Map Amendment and Wynndale Subdivision development plan. The Commission also approved two administrative matters: a change to the official 2016 meeting and filing schedule and the initiation of an ND1 overlay zone for Clinton Road.

Attendance

Present: - Will Berkley - Patrick Brewer - Mike Cravens - Karen Mundy - Mike Owens - Carolyn Plumlee - Joseph Smith - William Wilson

Absent: - David Drake - Frank Penn - Carolyn Richardson

Late: None reported.

Votes and Decisions

Approval of Minutes 13:18 The board unanimously approved minutes from the January 14, 2016, and January 28, 2016 meetings. The motion was made by Patrick Brewer and seconded by William Wilson, with all 8 members voting in favor.

MARC 2015-24: Larry Luttrell, Jr., Zoning Map Amendment & Lane Allen Park Subdivision 15:02 The board unanimously voted to postpone this item to April 28, 2016. Mike Cravens made the motion and Carolyn Plumlee seconded it, with all 8 members in favor.

MAR 2015-27: Anderson Bridgewater, LLC, Zoning Map Amendment & Anderson 2 Subdivision 18:14 This item was unanimously postponed to April 28, 2016. Carolyn Plumlee made the motion and Will Berkley seconded it, with all 8 members voting in favor.

DP 2016-8: Patchen Place Subdivision, Unit 1, Lot 4 Development Plan 35:54 The board unanimously approved this development plan with 16 conditions outlined by staff. Mike Cravens made the motion and Joseph Smith seconded it, with all 8 members in favor.

MAR 2016-1: Turwell, LLC, Zoning Map Amendment & Wynndale Subdivision 2:28:24 A motion for disapproval failed. Carolyn Plumlee made the motion and William Wilson seconded it. All 8 members voted in favor of the disapproval motion, but the outcome is recorded as failed.

MAR 2016-2: Jake Riordan Zoning Map Amendment & Vallandale Subdivision 3:32:17 The board approved this item with 10 conditions provided by staff. The vote was 6-2, with Mike Cravens making the motion and Karen Mundy seconding it. Voting in favor were Will Berkley, Patrick Brewer, Mike Cravens, Karen Mundy, Joseph Smith, and William Wilson. Mike Owens and Carolyn Plumlee voted against.

MARV 2016-4: Solar Eclipse, LLC, Zoning Map Amendment & Schroyer Property 4:47:37 The board approved this item, eliminating conditional restrictions F and H. The vote was 6-2, with Mike Cravens making the motion and William Wilson seconding it. Voting in favor were Will Berkley, Patrick Brewer, Mike Cravens, Karen Mundy, Joseph Smith, and William Wilson. Mike Owens and Carolyn Plumlee voted against.

2016 Meeting and Filing Schedule 4:49:15 The board unanimously approved changing the official 2016 meeting and filing schedule, with the March work session now scheduled for March 17th. Karen Mundy made the motion and Carolyn Plumlee seconded it, with all 8 members in favor.

ND1 Overlay Zone for Clinton Road 5:18:00 The board unanimously voted to initiate the ND1 overlay zone for Clinton Road. Mike Cravens made the motion and Carolyn Plumlee seconded it, with all 8 members in favor.

Public Comment

The meeting included ten public comments addressing three proposed zoning changes.

Higbee Mill Road Development (1580 Higbee Mill Road)

Andrew Franklin opened public comment opposing the proposed zone change, citing concerns about neighborhood character, density, and disruption of natural features 1:25:52. Douglas Starnes discussed the property's constraints, noting the large number of utility lines, easements, and floodplain issues 1:32:46. Jim Holthouse presented a petition containing over 1,000 signatures opposing the development 1:36:02.

Damon Snyder raised concerns about the proposed apartments' size being out of character with existing homes in the Stonewall neighborhood 1:39:21. Tracy Starnes expressed similar concerns about the zoning change's impact on the Stonewall neighborhood's character 1:43:36. Hallie Karen Brinkerhoff argued there is no market need for additional apartments in the area, citing existing vacancies and upcoming developments 1:46:55.

Versailles Road Development

Lane Boldman opposed the proposed zoning change on Versailles Road, citing concerns about neighborhood conservation and adherence to the small area plan 2:59:17. Amy Clark emphasized the importance of following the small area plan and maintaining neighborhood conservation on Versailles Road 3:07:35. Barbara Fajok expressed a desire to maintain the residential character of Versailles Road and opposed the proposed zoning change 3:15:13.

Solar Eclipse, LLC Zoning Change

Bruce Simpson opposed the zoning change request by Solar Eclipse, LLC, citing concerns about neighborhood character and deed restrictions 4:07:13.

Common themes across all comments included preservation of neighborhood character, concerns about density and development scale, and adherence to existing area plans.

Contested Items

Three zoning change proposals generated community opposition during the meeting:

1580 Higbee Mill Road Residents expressed strong opposition to the proposed zoning change for this property. The primary concerns centered on the impact to neighborhood character and increased density that would result from the rezoning.

Versailles Road A zoning change proposal for Versailles Road faced resident opposition. Community members argued that the rezoning would negatively impact the residential character of the area.

Solar Eclipse, LLC The zoning proposal for Solar Eclipse, LLC drew concerns from residents regarding two main issues: the potential impact on neighborhood character and the existence of existing deed restrictions that would be affected by the rezoning.

Approval of Minutes

The minutes from the January 14, 2016, and January 28, 2016, meetings were reviewed and approved. 13:18

Mike Owens presented the minutes for consideration. The body approved the minutes from both previous meetings without noted objections or amendments.

Outcome: The minutes were approved.

Larry Luttrell, Jr., Zoning Map Amendment & Lane Allen Park Subdivision, Lot 4

Agenda Item: MARC 2015-24

Request: A zoning map amendment was requested to change the zoning designation from Single Family Residential (R-1A) to Planned Neighborhood Residential (R-3) for a property in Lane Allen Park Subdivision, Lot 4. The request also included a conditional use permit for a rehabilitation home.

Presentation: Kevin Phillips presented this agenda item 15:02.

Outcome: The item was postponed and did not proceed to a vote at this meeting.

Anderson Bridgewater, LLC, Zoning Map Amendment & Anderson 2 Subdivision (AMD.)

18:14

This agenda item (MAR 2015-27) addressed a zoning map amendment request from Anderson Bridgewater, LLC for the Anderson 2 Subdivision Zoning Development Plan. The request sought to rezone the property from an Expansion Area Residential-1 (EAR-1) zone to an Expansion Area Residential-3 (EAR-3) zone.

Richard Murphy presented on this matter during the meeting.

Outcome: The item was postponed and did not proceed to a vote or final decision at this meeting.

Patchen Place Subdivision, Unit 1, Lot 4 Development Plan

Identifier: DP 2016-8

Outcome: Approved

Bruce Simpson presented the development plan for Patchen Place Subdivision, Unit 1, Lot 4 35:54. The proposal required approval subject to conditions addressing access, parking, and compliance with Richmond Road Ordinance requirements.

The development plan was approved by the body.

Turwell, LLC, Zoning Map Amendment & Wynndale Subdivision, Lots 1 & 2, Zoning Development Plan

Agenda Item: MAR 2016-1

Request: Turwell, LLC requested a zone map amendment for the Wynndale Subdivision, Lots 1 & 2, seeking to change the zoning classification from Townhouse Residential (R-1T) to Planned Neighborhood Residential (R-3).

Presenter: Jihad Halani presented the zoning amendment request 2:28:24.

Outcome: The request was denied.

Jake Riordan Zoning Map Amendment & Vallandale Subdivision (AMD.) Zoning Develop

3:32:17

This agenda item (MAR 2016-2) addressed a request for a zoning map amendment affecting the Jake Riordan property and Vallandale Subdivision. The proposal sought to change the zoning classification from Mixed-Use 2: Neighborhood Corridor (MU-2) to Neighborhood Business (B-1).

Mike Cravens presented the zoning development plan to the body. The amendment would allow for a change in the permitted uses and development standards for the affected property under the B-1 zoning designation.

The body voted to approve the zoning map amendment and associated zoning development plan.

Solar Eclipse, LLC, Zoning Map Amendment & Schroyer Property, Dozier Property, Unit 2, Palomar Trace Subdivision

This agenda item (MARV 2016-4) addressed a zoning map amendment request for properties in the Palomar Trace Subdivision. The proposal sought to rezone portions of the Schroyer Property and Dozier Property, Unit 2.

Proposed Changes

The amendment included two zoning modifications:

• Rezoning from Professional Office (P1) zone to Neighborhood Business (B1) zone
• Rezoning from Residential Planned Neighborhood (R3) to Professional Office (P1)

Discussion

Dick Murphy presented on this matter 4:47:37.

Outcome

The zoning map amendment was approved.

Change the official 2016 meeting and filing schedule

Karen Mundy presented a resolution to change the official 2016 meeting and filing schedule. The resolution proposed moving the work session scheduled for March to March 17th. 4:49:15

The resolution was approved.

Initiate ND1 overlay zone for Clinton Road

The council considered a request to initiate an ND1 overlay zone for 55 properties on Clinton Road. The purpose of the overlay zone was to preserve the neighborhood's character. 5:18:00

Monica Kern presented this agenda item to the council.

The council approved the request to initiate the ND1 overlay zone for Clinton Road.