Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 24, 2016, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included 10 agenda items, 13 motions and votes, and 16 public comments.

The commission took action on a range of development and zoning proposals. Four items were approved, including the Development Plan for Kingston Hall, Unit 1; a Zoning Map Amendment for Mary G. Germond & D. Gregory Germond; the Zoning Development Plan for Brighton Place Shoppes, Phase II; a Zoning Map Amendment for Anderson Village at Great Acres, LLC; the Zoning Development Plan for Great House Property; and approval of Telecommunication Infrastructure for Parallel Telecommunication Infrastructure 5, LLC.

Five agenda items were postponed, including the Final Subdivision Plan and Development Plan for Lexmark International, Inc. (formerly IBM), the Development Plan for New Market Property, Phase I, Unit 10, and the Development Plan for Sams Property & Larkin Property.

Attendance

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

Absent: - Patrick Brewer

Late: None recorded

Votes and Decisions

All votes during this meeting passed unanimously with 10 ayes, 0 nays, and 0 abstentions.

Approval of Minutes 9:27 Ms. Plumlee moved to approve the minutes from February 11, 2016, and February 25, 2016, seconded by Ms. Mundy. The motion passed unanimously. All 10 members voted in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joseph Smith, and Bill Wilson.

Postponements Three items were postponed to April 14, 2016: - PLAN 2016-16F and DP 2016-20 11:17, moved by Mr. Penn and seconded by Ms. Plumlee - DP 2012-89 28:27, moved by Ms. Mundy and seconded by Ms. Plumlee

DP 2016-23 was postponed to April 28, 2016 45:00, moved by Mr. Penn and seconded by Mr. Smith.

Consent Agenda 14:38 Mr. Cravens moved approval of items on the Consent Agenda (DP 2004-67, DP 2007-141, DP 2012-80), seconded by Ms. Mundy.

Development Plan Approvals - DP 2004-66 was reapproved with 11 conditions 23:46, moved by Mr. Penn and seconded by Mr. Wilson. Conditions included Urban County Engineer and Traffic Engineer approvals, Building Inspection approval of landscaping, Urban Forester approval, Greenspace Planner approval, Department of Highways approval, plan clarifications, setback requirements, cemetery notation, and additional certification.

Zoning and Development Approvals - MAR 2016-5 was approved with three conditions 1:14:56, moved by Mr. Cravens and seconded by Mr. Berkley. Conditions addressed Neighborhood Business zoning compatibility and lighting restrictions.

• ZDP 2016-21 was approved with 10 conditions 1:15:27, moved by Mr. Penn and seconded by Ms. Richardson. Conditions required Urban County Council rezoning, engineer and traffic approvals, tree inventory approval, and plan notations.

• MARV 2016-6 (zone change) was approved with conditions 3:23:03, moved by Mr. Penn and seconded by Mr. Berkeley, including prohibited uses and development impact requirements.

• A variance for MARV 2016-6 was approved 3:25:13, moved by Mr. Penn and seconded by Mr. Wilson.

• ZDP 2016-22 was approved with 13 revised conditions 3:25:49, moved by Ms. Richardson and seconded by Mr. Penn.

Other Actions - Initiation of ZODA for environmentally sensitive areas 3:28:37, moved by Ms. Plumlee and seconded by Mr. Wilson.

• CT 2016-2 (cell tower) was approved with five conditions 4:02:11, moved by Mr. Penn and seconded by Mr. Wilson. Conditions included height limits, co-location requirements, zoning compliance, screening, and traffic/drainage protections.

Public Comment

The meeting included public comment on two primary development proposals: a parking lot expansion at Todd's Center and a rezoning for Anderson Village, along with a cell tower proposal.

Support for Todd's Center Parking Expansion

Three speakers expressed support for the parking lot expansion. Holly Bauman, owner of a barbershop in the shopping center, testified that additional parking would greatly help all tenants, especially during peak times when parking is limited 1:06:45. Diane Holder, manager of Cocktails Bar and Grill, stated that additional parking would help their business by reducing lost customers due to lack of parking 1:08:26. Gatewood Gay, a property owner at Maple Leaf Square, expressed support for the project and requested a six-foot privacy fence and mitigation of light pollution 1:07:22.

Opposition to Anderson Village Rezoning

Michael Barnett spoke on behalf of over 500 petitioners in opposition to the rezoning, citing concerns about traffic, stormwater, property values, and loss of green space 2:27:05.

Resident Concerns About Traffic and Flooding

Multiple residents raised concerns about the Anderson Village development. Noreen Ward, a resident of Leesway Drive, expressed concern about living behind a gas station and increased traffic on Leastown Road 2:44:08. Michael Masterson, a resident of Masterson Station, voiced concerns about traffic congestion and flooding due to the property being in a floodplain 2:46:56. Jeff Swain, a retired Army engineer, warned that the development would exacerbate flooding due to increased impervious surfaces and inadequate stormwater infrastructure 2:49:40. Pat Lake, a resident of Summerfield Drive, shared concerns about flooding reaching her yard and traffic congestion at the intersection of Masterson Station Road and Leestown Road 2:52:28.

Additional Development Concerns

Bob Pettenpole and Michael Lay expressed concerns about increased traffic and density [timestamps: 2:54:11 and 2:55:21]. Margaret Gordon questioned the appeal of the area for young professionals given few amenities 2:57:39. John Stewart and Gregory Stapleton opposed the commercial development due to concerns about light, noise, and garbage pollution [timestamps: 2:58:09 and 3:01:22]. Kay Tungate expressed concern about light pollution and flooding risk 3:03:03.

Cell Tower Opposition

Mike Quigley opposed the cell tower due to concerns about environmental impact, property values, and visibility 3:47:58. Charles Lyle questioned why the tower would exceed 200 feet and expressed concern about required lighting 3:55:09.

Contested Items

Rezoning for Anderson Village at Great Acres

The proposed rezoning for Anderson Village at Great Acres faced significant community opposition. Over 500 petitioners submitted objections to the rezoning plan. Residents raised multiple concerns about the project's impact on the neighborhood, including traffic congestion, stormwater management, property values, and loss of green space. Community members expressed particular fears about increased traffic congestion, potential flooding issues, and the effect the development would have on the neighborhood's character.

Cell Tower at Turner Station Road

A proposed cell tower at Turner Station Road also drew community opposition. Residents objected to the project based on environmental impact concerns, potential effects on property values, and visibility issues. Opponents requested that additional balloon tests be conducted to better assess the tower's visual impact. They also asked for verification that the tower would meet required distance requirements from historic districts in the area.

Final Subdivision Plan: Lexmark International, Inc. (FKA: IBM) (AMD)

Identifier: PLAN 2016-16F

The Planning Commission considered the final subdivision plan for Lexmark International, Inc. (formerly IBM) during this meeting 10:06.

Action Taken

The Commission postponed this agenda item. The Subdivision Committee had recommended postponement, and the petitioner requested a three-week postponement to allow time to resolve outstanding issues.

Reason for Postponement

The primary reason for postponement was that the required 30% infrastructure report had not been submitted at the time of the meeting. This documentation was necessary to proceed with the Commission's review of the final subdivision plan.

Key Participant

Jihad Hallany was identified as a key speaker during the discussion of this item.

Development Plan: Lexmark International, Inc. (FKA: IBM)

Agenda Item: DP 2016-20

Type: Discussion

Outcome: Postponed

The Planning Commission postponed consideration of the Development Plan for Lexmark International, Inc. (formerly IBM) 10:06. Jihad Hallany presented the item to the Commission.

Key Concerns Raised

The Commission identified several issues that prompted the postponement:

• Private Access Conflict: Concerns were raised regarding a private access conflict with the Legacy Trail
• Access Easement Timing: Questions about the timing of access easement arrangements
• Internal Intersection Geometrics: Issues with unconventional internal intersection geometrics within the development plan

Petitioner Request

The petitioner requested a three-week postponement to address the identified concerns and allow time for further review and revisions to the development plan.

Development Plan: New Market Property, Phase I, Unit 10

Identifier: DP 2012-89

The Planning Commission addressed the Development Plan for New Market Property, Phase I, Unit 10 as a discussion item 25:16.

Outcome

The Planning Commission postponed consideration of this item.

Reason for Postponement

The postponement was necessitated by a delay in posting the required legal advertisement. Staff recommended that the Commission postpone the item to allow for correct advertising procedures to be completed.

Key Participant

Mr. Sallee was the primary speaker on this agenda item.

Development Plan: Kingston Hall, Unit 1

Identifier: DP 2004-66

The Planning Commission reapproved the Development Plan for Kingston Hall, Unit 1 during this meeting. 23:46

Key Speakers

Richard Murphy and Mr. Sallee were the primary speakers on this agenda item.

Discussion and Concerns

The Commission addressed concerns regarding an erroneous legal advertisement related to the development plan. This issue required the plan to be reapproved rather than simply approved on initial consideration.

Conditions

The reapproval included 11 conditions imposed on the development plan. Additionally, a second certification was required as part of the approval process.

Outcome

The Development Plan: Kingston Hall, Unit 1 was approved by the Planning Commission with the 11 conditions and second certification requirement.

Development Plan: Sams Property & Larkin Property (AMD)

Identifier: DP 2016-23

The Planning Commission discussed a development plan for the Sams Property and Larkin Property during this meeting 45:00. Key participants in the discussion included Evan McDaniel and Mr. Martin.

Issues Identified

The Commission identified several unresolved issues that prevented approval of the development plan:

• Stormwater management concerns
• Road improvements requirements
• Spring protection measures

Action Taken

Rather than proceeding with a decision, the Planning Commission postponed this agenda item. The applicant agreed to work collaboratively with staff to address and resolve the outstanding issues before the plan could move forward.

Outcome

The item was postponed pending resolution of the identified concerns.

Zoning Map Amendment: Mary G. Germond & D. Gregory Germond

1:14:56

The Planning Commission considered a zoning map amendment for a property owned by Mary G. Germond and D. Gregory Germond. The proposal sought to change the property's zoning classification from Agricultural Urban to Neighborhood Business (B-1).

Key Speakers

The discussion involved Richard Hopgood, Ms. Wade, and Mr. Martin.

Outcome

The Planning Commission approved the zone change from Agricultural Urban to Neighborhood Business (B-1). The approval included three conditions imposed on the zoning change.

Conditions

One of the conditions included a conditional zoning restriction on lighting for the property.

Zoning Development Plan: Brighton Place Shoppes, Phase II

Identifier: ZDP 2016-21

The Planning Commission discussed and approved the Zoning Development Plan for Brighton Place Shoppes, Phase II during the meeting on March 24, 2016. 1:15:27

Key Participants

The discussion involved Richard Hopgood, Ms. Wade, and Mr. Martin.

Outcome

The Planning Commission approved the development plan. The approval included 10 conditions that the applicant must satisfy:

• A requirement for a second certification
• Compliance with the Comprehensive Plan

Summary

This agenda item was presented as a discussion item and resulted in approval of the proposed zoning development plan for the second phase of Brighton Place Shoppes, subject to the specified conditions.

Zoning Map Amendment: Anderson Village at Great Acres, LLC

The Planning Commission considered a zoning map amendment for Anderson Village at Great Acres, LLC 3:23:03. The proposal sought to change the zoning designation from Agricultural Urban and Single Family Residential to Planned Neighborhood Residential and Highway Service Business.

Key Participants

The discussion involved Mr. Murphy, Ms. Wade, and Mr. Martin.

Outcome

The Planning Commission approved the zone change. The approval included 11 conditions designed to regulate the development, including prohibitions on certain commercial uses.

Zoning Development Plan: Great House Property

Identifier: ZDP 2016-22

The Planning Commission discussed and approved the Zoning Development Plan for the Great House Property during this meeting 3:25:49.

Key Participants

The discussion involved Mr. Murphy, Mr. Martin, and Mr. Emmons.

Outcome

The Planning Commission approved the development plan with 13 revised conditions.

Conditions of Approval

The approval included requirements addressing:

• Stormwater management
• Traffic control
• Environmental protection

Telecommunication Infrastructure: Parallel Telecommunication Infrastructure 5, LLC

4:02:11

The Planning Commission discussed and voted on a cell tower application submitted by Parallel Telecommunication Infrastructure 5, LLC (agenda item CT 2016-2).

Key Speakers

Mr. Wahlberg and Ms. Rackers participated in the discussion of this agenda item.

Outcome

The Planning Commission approved the cell tower application.

Conditions of Approval

The approval included the following conditions:

• Height limit of 200 feet for the tower
• Requirements for co-location of equipment
• Screening requirements