Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 23, 2016, at 1:30 p.m. in the 2nd Floor Council Chambers at the LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting. The Commission considered two agenda items and took four votes during the session. The Commission heard 11 public comments and approved both zoning matters under consideration: the Dennis R. Anderson Zoning Map Amendment & Berrycrest Subdivision, Lot 1 Zoning Development Plan, and the Urban County Planning Commission Zoning Map Amendment for the ND-1 Overlay for Clinton Road.

Attendance

Present: Mike Cravens, Will Berkley, Patrick Brewer, David Drake, Karen Mundy, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joseph Smith, and Bill Wilson.

Absent: Mike Owens.

Late arrivals: None.

Votes and Decisions

The meeting resulted in four unanimous approvals with no dissenting votes.

MARV 2016-16: Dennis R. Anderson Zoning Map Amendment 23:39

The Commission voted unanimously (10-0) to approve a zoning map amendment for the Dennis R. Anderson property from R-1C to B-1 zone along with a related development plan. Motion by Will Berkley, seconded by Carolyn Richardson. All ten members voted in favor: Mike Cravens, Will Berkley, Patrick Brewer, David Drake, Karen Mundy, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joseph Smith, and Bill Wilson.

The approval is conditional on the Urban County Council rezoning the property to B-1; otherwise the Commission's approval is null and void. The property must be developed according to the approved Development Plan or as amended by future Commission-approved plans. A note indicating the approved variance must be placed on the Zoning Development Plan.

MARV 2016-16 (Variance): Front Yard Setback Variance 24:13

The Commission voted unanimously (10-0) to approve a dimensional variance to increase the front yard setback from 20 feet to 75 feet in the B-1 zone. Motion by Will Berkley, seconded by Karen Mundy. All ten members voted in favor.

The variance is conditional on approval of the zone change by the Urban County Council and will be voided if that approval does not occur. A note indicating the variance must be placed on the development plan.

ZDP 2016-56: Berry Crest Subdivision, Lot 1 Zoning Development Plan 24:46

The Commission voted unanimously (10-0) to approve the Berry Crest Subdivision, Lot 1 Zoning Development Plan. Motion by Will Berkley, seconded by Joseph Smith. All ten members voted in favor.

Approval is conditional on Urban County Council rezoning to B-1 and requires acceptance by the Urban County Engineer of drainage, storm and sanitary sewers, and floodplain information; approval by the Traffic Engineer of parking, circulation, access, and street cross-sections; and approval by the Urban Forester of the tree inventory map. Additional conditions include resolving cross access to adjacent parking on the adjoining B-1 property and revising note #6 to obtain Division of Water Quality approval.

MAR 2016-17: Neighborhood Design Overlay (ND-1) Zone for Clinton Road 1:36:45

The Commission voted unanimously (10-0) to approve the Neighborhood Design Overlay (ND-1) zone for Clinton Road. Motion by Patrick Brewer, seconded by Carolyn Plumlee. All ten members voted in favor.

The staff alternative design standards were approved with minor modifications to standards 6 and 7, and a comma added in standard 4.

Public Comment

Eleven speakers addressed the Commission regarding the proposed ND-1 overlay on Clinton Road.

Support for ND-1 Overlay

Monica Kern, a Clinton Road resident, presented a detailed case for the overlay, emphasizing the neighborhood's unique character, large lots, deep setbacks, and mature landscaping [00:47:45]. She highlighted the threat of overbuilding in nearby streets and stressed that the ND-1 is essential to preserve the street's identity.

Linda Allen, a long-time resident, expressed strong support for the ND-1 overlay, citing the street's beauty and the importance of preserving green space and large lots [00:58:10]. She thanked the Planning Commission and staff for their work.

Linda Price, a corner lot resident, voiced concern that without the ND-1 overlay, developers could tear down homes and subdivide lots, drastically altering the street's character [00:01:14].

Penny Warren highlighted the historical and community value of Clay Spring Park, originally deeded for public use, and emphasized that preserving the street's character includes protecting such green spaces [01:02:26].

Jane Farmer shared her experience of seeing large, modern homes built adjacent to her property, which diminished the street's character [01:04:04]. She supported the ND-1 to prevent further loss of green space.

Catherine Donworth emphasized that large front yards allow children to play safely in view of the street and that preserving setbacks is crucial for both safety and neighborhood character [01:05:39].

Anne Dunworth noted that property values on Clinton Road remain high without needing to build larger homes and argued that the ND-1 would preserve value and character [01:06:46].

Lance and Bowden, residents of the 400 block, expressed concern that a large house being built next to them would diminish their property value and neighborhood character [01:08:59].

Kathy Arms, a new resident, shared that she moved to Clinton Road for its large lots, proximity to schools, and downtown, and supported the ND-1 to preserve these qualities [01:09:29].

Opposition

Christopher Clendenin, representing property owners on Clinton Road, argued that the street is not a standalone neighborhood and that granting ND-1 to a single street could set a dangerous precedent [01:10:05]. He urged the Commission to delay the decision pending the outcome of a related court case.

Rebuttal

Monica Kern rebutted opposition arguments by citing Clinton Road's geographic and social identity, including low turnover, annual events, and distinct character [01:23:26].

Contested Items

ND-1 Overlay for Clinton Road

A heated discussion arose regarding the proposed ND-1 Overlay for Clinton Road. The central disagreement concerned whether Clinton Road qualifies as a "neighborhood" under the zoning ordinance.

Opponents of the proposal argued that Clinton Road was too small to constitute a neighborhood and that it was part of a larger association, raising questions about whether it met the definitional requirements for overlay designation.

Supporters of the proposal emphasized Clinton Road's geographic and social identity, contending that these characteristics justified neighborhood designation regardless of size considerations.

Staff members raised additional concerns about the implications of approving the overlay, specifically noting potential precedent-setting issues and the administrative burden that approval might create for future similar requests.

The outcome of this contested item is not specified in the available meeting materials.

Dennis R. Anderson Zoning Map Amendment & Berrycrest Subdivision, Lot 1 Zoning Development Plan

6:18

The Commission considered a zoning map amendment and development plan for a 0.34 net acre property located at 151 Pasadena Drive. The request sought to rezone the parcel from R-1C (residential) to B-1 (commercial) zone to permit retail development.

Key Presenters and Recommendation

Traci Wade, Tom Martin, and Bill Sallee presented on this matter. Staff and the Zoning Committee both recommended approval of the proposal.

Proposal Details

In addition to the zoning change, the applicant requested a dimensional variance to increase the front yard setback from 20 feet to 75 feet, which would be necessary for the proposed retail development.

Rationale for Approval

The recommendation for approval was based on two primary factors:

• Compatibility with surrounding commercial uses in the area
• The area's historical pattern of transition toward commercial development

Outcome

The Commission approved the zoning map amendment and development plan.

Urban County Planning Commission Zoning Map Amendment (ND-1 Overlay for Clinton Road)

The Commission reviewed a proposal to establish a Neighborhood Design Overlay (ND-1) zone on Clinton Road 25:34. The overlay district is intended to preserve the neighborhood's character through specific design standards.

Proposal Details

The ND-1 overlay would implement design standards including: - Setback requirements - Lot width specifications - Building height restrictions - Material restrictions

Support from Residents

Residents presented strong support for the proposal. Their primary concern centered on threats from overbuilding in nearby areas, which they viewed as a risk to the neighborhood's established character and quality of life.

Staff Concerns

A staff member raised concerns about the proposal, specifically noting potential issues regarding precedent and workload implications of implementing the new overlay district.

Key Speakers

• Traci Wade
• Monica Kern
• Christopher Clendenin

Outcome

The Commission approved the proposal to establish the ND-1 Overlay for Clinton Road despite the staff concerns raised during the discussion.