Planning Commission - 5/26/16

Summary

Meeting Overview

The Urban County Planning Commission met on May 26, 2016, at 1:35 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, which included six agenda items, eight motions and votes, and three public comments.

The Commission addressed two zoning map amendments and development plans that were approved: the Lail Interests, LLLP project and the R. Walker Properties, LLC Avon Acres Subdivision, Lot 2 project. The Whayne Supply Company Zoning Map Amendment and Zoning Development Plan was postponed. Two zoning ordinance text amendments were considered: ZOTA 2016-1, addressing amendments to Articles 7, 23, and 26 for Environmentally Sensitive Areas, was postponed, while ZOTA 2016-2, which proposed an amendment to Article 23A-5 to allow schools for academic instruction in the EAR-1 Zone, was approved. The Commission also approved a Planned Form Review (PFR 2016-1) for the University of Kentucky's School of Music and WUKY 91.3 FM.

Attendance

Present: Mike Owens, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Richardson, Joseph Smith, Bill Wilson, Jim Duncan, Bill Sallee, Barbara Rackers, Traci Wade, Tom Martin, Debbie Woods, Hillard Newman, Casey Kaucher, Captain Greg Lengal, Lieutenant Joshua Thiel, and Tracy Jones.

Absent: Frank Penn, Carolyn Plumlee, and Brewer.

Votes and Decisions

MARV 2016-11: Zone Change for 5569 Briar Hill Road 31:18 The motion to approve a zone change from Agricultural Rural (A-R) to Neighborhood Business (B-1) for 5569 Briar Hill Road passed by voice vote. The motion was made by Mr. Sher and seconded by Mr. Richardson. Three conditional zoning restrictions were deleted: the restriction on sale or provision of wine, beer, or alcoholic beverages other than by the drink; the restriction on brew-pubs; and signage requirements regarding indirect illumination and size.

ZDP 2016-44: Avon Acres Subdivision, Lot 2 Development Plan 33:29 The motion to approve the Avon Acres Subdivision, Lot 2 development plan passed by voice vote. Mr. Sher made the motion and Jake seconded it. Two conditions were deleted: the requirement to resolve compliance with Article 18 and the requirement to revise the status of the plan.

MAR 2016-7: Zone Change for 1551 Greendale Road 1:05:46 The motion to approve a zone change from Agricultural Rural (A-R) to Light Industrial (I-1) for 1551 Greendale Road passed by voice vote. Mr. Sher moved and Mr. Richardson seconded. Five conditions were revised: "and concrete products" was struck from prohibited use J; condition #6 was revised regarding building permits for office and industrial structures; condition #13 was revised to require Urban Forester approval for tree canopy compliance; condition #14 was revised to address possible road improvements at final development plan stage; and condition #15 was revised to address sanitary sewer connections at final development plan stage.

ZDP 2016-42: Lail Property Zoning Development Plan 1:07:00 The motion to approve the Lail Property Zoning Development Plan passed by voice vote. Mr. Sher made the motion and Mr. Richardson seconded it. Four conditions were revised using the same language as MAR 2016-7 regarding building permits, tree canopy compliance, road improvements, and sanitary sewer connections.

ZODA 2016-2: Article 23A-5 Amendment 1:27:30 The motion to approve an amendment to Article 23A-5 to allow schools for academic instruction as an accessory use in the EAR-1 zone passed by voice vote. Mr. Sher moved and Mr. Richardson seconded.

PFR 2016-1: University of Kentucky School of Music and WKY 91.3 FM Public Facility Review 1:40:11 The motion to approve the public facility review for the University of Kentucky School of Music and WKY 91.3 FM passed by voice vote. Mr. Sher moved and Mr. Richardson seconded. A recommendation was added for landscaping and fencing around the tower and auxiliary building.

MAR 2016-15: Whayne Supply Company Amendment and Development Plan 2:19 The motion to postpone the Whayne Supply Company zoning map amendment and development plan passed by voice vote. Ms. Mundy made the motion and Mr. Richardson seconded it.

ZOTA 2016-1: Zoning Ordinance Text Amendment 3:23 The motion to postpone the Zoning Ordinance text amendment to strengthen oversight of environmentally sensitive areas passed by voice vote. Mr. Wilson moved and Mr. Richardson seconded.

Public Comment

Three speakers provided public comment during the meeting.

Jacob Walbourn 1:02:24 requested a modification to development plan conditions, specifically asking for an exception to condition #6. He sought to allow land disturbance and minor improvements on the property before final development plan approval, citing the property's long vacancy and the need for preparatory work.

Dick Murphy 1:22:36 expressed support for the Christian Academy of the Bluegrass text amendment. He noted approval of the revised staff recommendation, stating that the amendment resolves zoning inconsistencies and allows schools to function as an accessory use to churches. Mr. Murphy characterized this arrangement as more efficient and community-friendly.

Walt Gaffield 1:26:21, president of the Fayette County Neighborhood Council, supported the staff's revised recommendation regarding schools in the EAR-1 zone. He emphasized that churches and schools are desirable community institutions and stated that the revised restrictions appropriately address infrastructure concerns.

Appointments

Debbie Woods was appointed to Planning Staff.

Contested Items

Conditional Zoning Restrictions for Walker Properties

The Commission debated whether to delete conditional zoning restrictions related to alcohol sales and brew-pubs. Staff and the applicant supported deletion of these restrictions, while the Building Inspection Division expressed concern about enforcement implications. The disagreement centered on whether the existing conditional restrictions remained necessary or should be removed. This matter resulted in a split vote among Commission members.

Land Disturbance Permit for Lail Property

A heated discussion emerged regarding the Lail Property land disturbance permit. The core disagreement involved whether the applicant could perform land disturbance work before final development plan approval had been granted. Concerns were raised about permitting requirements and infrastructure considerations. Rather than a simple approval or denial, the Commission ultimately resolved this contested item by imposing a modified condition that allowed the applicant to proceed with limited improvements while addressing the permitting and infrastructure concerns that had been raised during the discussion.

Lail Interests, LLLP, Zoning Map Amendment & Lail Property Zoning Development Plan

The Planning Commission considered a zoning map amendment and development plan for property owned by Lail Interests, LLLP located at 1551 Greendale Road 34:08. The request sought to rezone 3.2 acres from Agricultural Rural (A-R) to Light Industrial (I-1).

Key Speakers and Presentations

The discussion involved Traci Wade, Kelly Hunter, and Jacob Walbourn.

Staff Recommendation

Staff recommended approval of the rezoning with conditional zoning restrictions and a revised development plan for the property.

Commission Action

The Planning Commission approved the rezoning request. As part of the approval, the Commission made modifications to:

• Prohibited uses under the zoning designation
• Development plan conditions

Outcome

The rezoning of the 3.2-acre parcel from Agricultural Rural to Light Industrial was approved with the modifications adopted by the Commission.

R. Walker Properties, LLC, Zoning Map Amendment & Avon Acres Subdivision, Lot 2

4:40

The Commission reviewed a zoning map amendment and development plan for R. Walker Properties, LLC, involving 0.59 net acres located at 5569 Briar Hill Road. The request sought to rezone the property from A-R (Agricultural-Residential) to B-1 (Business) zoning classification.

Staff recommended approval of the rezoning with conditional zoning restrictions and a variance for landscaping requirements. Key speakers during the discussion included Bill Sallee, Kelly Hunter, and Dick Murphy.

The Commission reviewed the conditional uses and conditions associated with the rezoning. During deliberation, the Commission approved the rezoning and development plan but made modifications to the staff recommendation by deleting certain conditional uses and conditions from the approval.

The rezoning request was ultimately approved with the Commission's modifications in place.

Whayne Supply Company Zoning Map Amendment & Whayne Supply Zoning Development Plan

2:19

The Commission considered a zoning map amendment and development plan for Whayne Supply Company. The request sought to rezone 1.47 net acres located at 2201 Georgetown Road from A-U (Agricultural-Urban) to I-1 (Industrial) zoning classification.

Steve Ruschell represented the petitioner in this matter. Rather than proceeding with the hearing, Ruschell requested that the Commission postpone consideration of the item. The postponement request was based on unresolved issues related to property access and integration with adjacent properties that required further attention before the matter could move forward.

The Commission granted the postponement request and scheduled the item for reconsideration at the June 9, 2016, Subdivision Meeting, allowing time for the petitioner to address the outstanding access and integration concerns with neighboring properties.

ZOTA 2016-1: Amendments to Articles 7, 23, and 26 for Environmentally Sensitive Areas

3:23

The Commission reviewed a proposed text amendment to the zoning ordinance designed to strengthen oversight of environmentally sensitive areas through the Board of Adjustment. The amendment would modify Articles 7, 23, and 26 of the zoning code.

Presentation and Recommendation

Traci Wade presented the staff recommendation, which supported approval of the proposed amendments.

Outcome

The Commission postponed action on this item to allow for further review before making a final determination. No vote was taken at this meeting.

ZOTA 2016-2: Amendment to Article 23A-5 to Allow Schools for Academic Instruction in EAR-1 Zone

1:08:03

The Commission considered a request to amend Article 23A-5 to allow schools for academic instruction as an accessory use in the EAR-1 zone.

Presentation and Proposal

Staff presented a revised text recommendation that would limit schools for academic instruction to those located on collector or arterial roads and associated with churches in the EAR-1 zone. This modification addressed the original request by establishing specific conditions for where such educational facilities could operate.

Key Participants

The discussion involved Bill Sallee, Dick Murphy, and Walt Gaffield.

Commission Action

The Commission approved the revised staff recommendation, allowing schools for academic instruction in the EAR-1 zone under the proposed conditions limiting them to church-affiliated facilities on collector or arterial roads.

PFR 2016-1: University of Kentucky's School of Music and WUKY 91.3 FM

1:28:31

The Commission reviewed a public facility review for the University of Kentucky's proposed relocation of its School of Music and WUKY 91.3 FM to 2640 Spur Road. The presentation was led by Barbara Rackers and Tim Option.

The project involves renovations and the construction of new structures to accommodate both the School of Music and the radio station at the new location.

During the review, the Commission identified a specific recommendation regarding site improvements. The Commission recommended that landscaping and fencing be installed around the tower to enhance the appearance and integration of the facility within its surroundings.

Outcome: The Commission approved the request for the public facility review.