Planning Commission Public Hearing - Zoning Items

Summary

Meeting Overview

The Urban County Planning Commission met on February 28, 2008, at 1:33 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Linda Godfrey presiding. The Commission addressed nine agenda items during the session, taking a total of 10 votes on various zoning amendments, subdivision plans, and development proposals. One public comment was heard during the meeting.

The Commission approved seven items, including several zoning map amendments for properties owned by Hands-On Originals, Inc. and Derek Thomas, as well as subdivision plans for Providence Place & Interstate Service Center Unit 6, Sand Lake & Estes Property, and Anderson Subdivision. The Commission also approved two text amendments to the zoning ordinance: one allowing extended-stay hotels in the P-1 zone and another reducing location and size criteria for the PUD-1 zone.

Two significant items were postponed for future consideration: an amendment to Article 17-7(g) that would allow advertising signs to use digital technology, and a zoning map amendment for Fortune Offices, LLC. The meeting demonstrated the Commission's ongoing work in managing urban development and zoning regulations for Lexington-Fayette County.

Attendance

The Commission meeting on February 28, 2008 had nine members present and two absent.

Present: • Lyle Aten • Mike Cravens • Neill Day • Linda Godfrey • Ed Holmes • James Mahan • Frank Penn • Lynn Roche-Phillips • Joan Whitman

Absent: • Carolyn Richardson • Randall Vaughn

No members arrived late to the meeting.

Votes and Decisions

The Planning Commission took action on ten items during the February 28, 2008 meeting, with most decisions receiving unanimous support from all nine commissioners present.

Administrative Items The Commission unanimously approved the minutes from the January 31, 2008 meeting on a motion by Frank Penn, seconded by Lyle Aten 0:30.

Postponements Three items were postponed by unanimous voice votes: - ZOTA 2007-8 was postponed to March 27, 2008 on a motion by Neill Day, seconded by Joan Whitman 2:00 - MAR 2007-20 was postponed to April 24, 2008 on a motion by Frank Penn, seconded by Lyle Aten 3:30

Development Plans - DP 2006-137 was approved unanimously with the condition to resolve conflicts between dwelling units and existing construction easements prior to certification. Joan Whitman made the motion, seconded by Lyle Aten 10:00. - DP 2007-134 passed on a 5-4 roll call vote, including proposed waivers and conditions with note title for number 15. Joan Whitman moved approval, seconded by Lyle Aten 120:00. Voting yes: Ed Holmes, Joan Whitman, James Mahan, Mike Cravens, and Linda Godfrey. Voting no: Lyle Aten, Frank Penn, Lynn Roche-Phillips, and Neill Day.

Minor Amendment Requests Both MAR 2008-5 (Hands-On Originals, Inc.) and MAR 2008-6 (Derek Thomas) were approved unanimously based on staff findings, with motions by Frank Penn and Joan Whitman respectively [timestamps: 180:00, 210:00].

Final Items The Commission unanimously approved PLAN 2008-7P with conditions and an article 6-8 waiver 220:00, ZOTA 2008-1 allowing extended-stay hotels in P-1 zones with 50% dwelling unit requirements 240:00, and ZOTA 2008-2 reducing PUD-1 zone location and size criteria 270:00.

Public Comment

During the public comment period, one community member addressed the Commission regarding development proposals under consideration.

Jennifer Dobbs spoke in support of both the CarMax and hotel development projects 150:00. Dobbs shared her positive personal experiences with CarMax as a customer and indicated she had no concerns about the proposed hotel development. Her comments provided community perspective in favor of both commercial developments being reviewed by the Commission.

The public comment period was brief, with only one speaker participating in this portion of the February 28, 2008 Commission meeting.

Contested Items

The February 28, 2008 Commission meeting featured two significant contested items that generated substantial debate among commissioners.

Sand Lake & Estes Property Amendment

The most contentious issue was an amendment to revise the development layout and street configuration for the Sand Lake & Estes Property. This item sparked considerable debate among commissioners, ultimately resulting in a narrow 5-4 split vote. The close margin indicates deep divisions within the Commission regarding the proposed changes to the development plan. The amendment's approval by a single vote margin suggests that commissioners had significant concerns about various aspects of the revised layout and street configuration, though the specific nature of their objections is not detailed in the available records.

Retaining Wall Construction

A heated discussion erupted over the construction of a retaining wall that was not initially disclosed in the development plan. This issue raised serious concerns among commissioners about process transparency and communication protocols. The controversy centered on the fact that the retaining wall construction had proceeded without proper disclosure during the initial development review process. Commissioners expressed frustration about the lack of upfront communication regarding this significant infrastructure element, questioning how such an important component could be omitted from the original development plans. The discussion highlighted broader concerns about ensuring complete and accurate information is provided during the development review process, and the importance of maintaining proper communication channels between developers and the Commission.

Both contested items reflect ongoing challenges in the development review process, with commissioners grappling with issues of transparency, communication, and the appropriate level of scrutiny for development modifications and amendments.

Amendment to Article 17-7(g) to allow advertising signs to use digital technology

2:00

The Commission considered ZOTA 2007-8, an amendment to Article 17-7(g) that would allow advertising signs to use digital technology. This ordinance would modify existing sign regulations to permit digital displays for advertising purposes.

Rena Wiseman spoke on behalf of the petitioner during the discussion. The primary development during consideration of this item was a request from the petitioner for a one-month postponement of the matter.

No substantive debate or presentation of the amendment's details occurred during this meeting, as the focus was on the postponement request. The Commission did not discuss the specific provisions of the proposed digital signage regulations or any potential concerns about allowing digital technology for advertising signs.

The Commission granted the petitioner's request, and ZOTA 2007-8 was postponed for one month. This postponement allows additional time for the petitioner to prepare their case or address any preliminary issues before the amendment returns for full consideration at a future Commission meeting.

Fortune Offices, LLC, Zoning Map Amendment

3:30

The Commission considered petition MAR 2007-20 submitted by Fortune Offices, LLC, requesting a zoning map amendment from Professional Office (P-1) zone to Wholesale & Warehouse Business (B-4) zone.

Richard Murphy spoke regarding this petition during the meeting. However, the petitioner requested a two-month postponement of the matter before any substantive discussion or presentation could take place.

The Commission granted the postponement request, and no further action was taken on the zoning map amendment at this meeting. The petition will be rescheduled for consideration at a future Commission meeting.

Providence Place & Interstate Service Center, Unit 6

10:00

The Commission reviewed development plan DP 2006-137 for Providence Place & Interstate Service Center, Unit 6. The proposal required approval with specific conditions to address technical issues identified during the review process.

Key speakers Tom Martin and Rory Kahly presented the development plan and discussed the primary concern involving a conflict between the proposed dwelling location and an existing construction easement on the property. This conflict needed to be resolved before the development could proceed.

The Commission discussed the conditions necessary for approval, focusing on ensuring the dwelling placement would not interfere with the established easement rights. The development plan required modifications to address this spatial conflict while maintaining the overall project design and functionality.

Following the presentation and discussion of the technical requirements, the Commission approved the development plan with the specified conditions. The approval was contingent upon the developer resolving the easement conflict and meeting all other standard development requirements for the Providence Place & Interstate Service Center project.

The approval allows Unit 6 of the Providence Place & Interstate Service Center development to move forward, provided the developer addresses the easement issue and complies with all conditions set forth by the Commission.

Sand Lake & Estes Property (Amended)

120:00 The Commission considered DP 2007-134, an amendment to the Sand Lake & Estes Property development plan that proposed significant changes to the original approved layout.

The amended development plan included revisions to the development layout, a reduction in the total number of lots, and modifications to the street configuration. These changes represented a substantial redesign from the previously approved development scheme.

Key speakers during the discussion included Rena Wiseman and Bruce Simpson, who presented details about the proposed amendments and addressed questions from Commission members regarding the revised plan.

The amended development plan required several waivers from standard development requirements to accommodate the new design. Commission members reviewed these waiver requests as part of their consideration of the overall amendment.

Following discussion of the proposed changes, street configuration modifications, and lot reduction plans, the Commission approved DP 2007-134 with the requested waivers and additional conditions. The approval allows the developer to proceed with the amended development layout as presented, subject to compliance with the specified conditions attached to the approval.

The amended plan represents a scaled-back version of the original development, with the reduced lot count and revised street layout addressing concerns that may have arisen during the initial development review process.

Hands-On Originals, Inc. Zoning Map Amendment

180:00 The Commission considered ordinance MAR 2008-5, a zoning map amendment for Hands-On Originals, Inc. The proposal sought to rezone property located at 990-992 West New Circle Road from Highway Service Business (B-3) to Light Industrial (I-1).

Dick Murphy served as the key speaker for this agenda item, presenting the details of the requested zone change. The property in question is situated along West New Circle Road, a major thoroughfare in Lexington.

The zoning amendment would change the land use designation from B-3, which typically allows for highway-oriented commercial services, to I-1, which permits light industrial activities. This type of rezoning often accommodates businesses that require industrial operations while maintaining compatibility with surrounding commercial areas.

The Commission approved the zoning map amendment, allowing Hands-On Originals, Inc. to proceed with their plans for the property under the Light Industrial zoning classification. The I-1 designation will enable industrial uses that are generally less intensive than heavy industrial activities and more compatible with nearby commercial development along the New Circle Road corridor.

Derek Thomas Zoning Map Amendment

210:00 The Commission considered MAR 2008-6, a zoning map amendment requested by Derek Thomas to rezone property at 317 Robertson Street from Single Family Residential (R-1D) to Single Family Residential (R-1E).

Jimmy Emmons served as the key speaker presenting information about this zoning change request. The proposed amendment would modify the zoning classification for the Robertson Street property while maintaining its single-family residential character, transitioning from the R-1D designation to the R-1E classification.

The Commission approved the Derek Thomas Zoning Map Amendment, allowing the property at 317 Robertson Street to proceed with the requested zone change from R-1D to R-1E.

Anderson Subdivision Preliminary Subdivision Plan

220:00

The Commission considered PLAN 2008-7P, the Anderson Subdivision Preliminary Subdivision Plan. Tom Martin served as the key speaker presenting this agenda item to the Commission.

The proposal involved approval of a preliminary subdivision plan that required both standard conditions and a waiver of street geometric requirements. The specific details of the subdivision, including the number of lots, location, and nature of the street geometric issues requiring the waiver, were discussed during the presentation.

The Commission ultimately approved the Anderson Subdivision Preliminary Subdivision Plan with the requested conditions and street geometrics waiver. The approval allows the subdivision to move forward in the development process under the specified terms and conditions established by the Commission.

Amendment to Article 8-15 to allow extended-stay hotels in the P-1 zone

240:00 The Commission considered ordinance ZOTA 2008-1, a text amendment to Article 8-15 that would permit extended-stay hotels in the Professional Office (P-1) zone with specific conditions.

Jimmy Emmons presented the proposed amendment, which would expand the allowable uses in the P-1 zoning district to include extended-stay hotel facilities. The amendment includes regulatory conditions to ensure these facilities remain compatible with the professional office character of the zone.

The text amendment represents a modification to the existing zoning code that currently restricts hotel uses in the P-1 district. Extended-stay hotels typically serve guests for longer periods than traditional hotels, often catering to business travelers and temporary residents who need accommodations for weeks or months.

The Commission approved the ordinance, allowing extended-stay hotels to be established in P-1 zones subject to the conditions outlined in the amendment. This approval provides property owners and developers with additional flexibility in the Professional Office zone while maintaining appropriate land use controls.

The amendment will take effect following the standard ordinance adoption process, expanding the range of permitted uses in P-1 zoned areas throughout the jurisdiction.

Amendment to Article 22A-2 to reduce the location and size criteria for the PUD-1 zone

270:00

The Commission considered ZOTA 2008-2, a text amendment to Article 22A-2 that would reduce the location and size criteria for the PUD-1 zone while changing its name to Residential Planned Unit Development.

Bill Sallee presented the proposed amendment to the Commission. The text amendment focused on modifying the existing requirements for PUD-1 zoning to make it more accessible by reducing both the location restrictions and minimum size thresholds currently required for this zoning classification.

The amendment also included a name change for the zone from PUD-1 to "Residential Planned Unit Development," which would provide clearer identification of the zone's intended residential focus and planned development nature.

The Commission approved the amendment, allowing for more flexible application of planned unit development standards in residential contexts with reduced barriers for location and size requirements.