Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on September 22, 2016, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with William Wilson presiding as the meeting officer. The commission addressed five agenda items during the session, including the approval of meeting minutes, proposed zoning amendments, and multiple development applications. The commission took nine votes throughout the meeting and heard two public comments from attendees.

The meeting resulted in the approval of four out of five agenda items, with commissioners approving the meeting minutes, two separate zoning map amendment requests from Palumbo Properties, Inc. and Community Ventures Properties, LLC, and the reapproval of Southend Park, Unit 1, Section 1. The only item not approved was the proposed amendments to Articles 8-16, which was postponed for future consideration. The commission's actions demonstrate ongoing development activity in the Lexington area, with multiple property development and zoning change requests being processed and approved during this regular session.

Attendance

The following members were present at the September 22, 2016 meeting:

• William Wilson
• Will Berkley
• Patrick Brewer
• Mike Cravens
• David Drake
• Karen Mundy
• Mike Owens
• Carolyn Plumlee
• Carolyn Richardson
• Joseph Smith

Absent: • Frank Penn

No members arrived late to the meeting. Ten members were in attendance with one absence recorded.

Votes and Decisions

The commission took action on nine items during the September 22, 2016 meeting, with all ten members present and voting.

Minutes Approval 0:30 Carolyn Plumlee moved to approve minutes from July 28, 2016 and August 25, 2016, seconded by Carolyn Richardson. The motion passed unanimously 10-0.

ZOTA 2016-3 2:00 Mike Cravens moved to indefinitely postpone amendments to Articles 8-16 that would allow recreational facilities as principal uses in the B-1 zone, seconded by Joseph Smith. The postponement was approved unanimously 10-0.

MARC 2015-7 120:00 Mike Cravens moved to approve the zone map amendment for Palumbo Properties, Inc., seconded by Will Berkley. The motion passed 9-1 on a roll call vote, with Carolyn Plumlee casting the sole dissenting vote. The approval included amending conditional zoning restriction 3.b. to limit pole lighting to 12 feet in height.

Palumbo Conditional Use 150:00 Mike Cravens moved to approve the conditional use for private club for Palumbo Properties, Inc., seconded by Carolyn Richardson. The motion passed 9-1 on a roll call vote, with Carolyn Plumlee voting against. The approval amended condition 5 to specify parking for members not residing in the apartment development.

ZDP 2015-33 180:00 Mike Cravens moved to approve the Newtown Springs development plan, seconded by Will Berkley. The motion passed 9-1 on a roll call vote, with Carolyn Plumlee dissenting. The approval removed conditions 11 and 12, with conditions 13, 14, and 15 to be resolved at final development plan.

Community Ventures Items [timestamps: 240:00-300:00] Patrick Brewer made three motions regarding Community Ventures Properties, LLC applications (PLN-MAR-16-00007 and PLN-MJDP-16-00015), all passing unanimously 10-0: zone map amendment, variances (including height variance to 44 feet), and preliminary development plan approval with 15 staff conditions.

PLAN 2013-122F 330:00 The reapproval of unrecorded section of Southend Park, Unit 1, Section 1 passed unanimously 10-0 by voice vote, subject to original conditions 1-7 and 9.

Public Comment

Two residents addressed the board during the public comment period, both raising concerns about proposed developments in the community.

Virgil Jones spoke in opposition to the Palumbo Properties development 150:00. Jones expressed concerns about increased traffic and safety issues that would result from the proposed project. He presented petitions to the board that had been signed by local residents who also oppose the development, demonstrating organized community opposition to the proposal.

Anita Franklin addressed concerns about the Community Ventures development 300:00. Franklin raised issues about affordability for local residents, questioning whether the development would serve the existing community's needs. She also expressed concerns about the project's impact on parking availability in the area and potential effects on the Charles Young Center, indicating worries about how the development might affect existing community resources and accessibility.

Both speakers represented community voices raising questions about the impacts of proposed developments on traffic, safety, affordability, and existing community infrastructure.

Contested Items

Two development projects faced significant community opposition during the meeting, with residents voicing concerns about their potential impacts on the neighborhood.

Palumbo Properties Development

The Palumbo Properties development proposal drew criticism from local residents who raised multiple concerns about the project's effects on their community. Residents specifically cited worries about increased traffic that the development would generate, expressing fears that additional vehicles would create congestion and safety hazards in the area. Community members also voiced concerns about how the development would alter the existing neighborhood character, suggesting the project might not align with the established residential atmosphere of the surrounding area.

Community Ventures Development

The Community Ventures development faced similar community pushback, with residents raising distinct concerns about this project's implications. A primary issue centered on affordability, with community members questioning whether local residents would be able to access or afford housing in the proposed development. Residents also expressed concerns about the project's impact on parking availability in the area, suggesting the development could exacerbate existing parking challenges. Additionally, questions were raised about the development's relationship with the Charles Young Center, though the specific nature of this relationship and the concerns it generated were not detailed in the available information.

Both developments represent instances where community members actively engaged in the public process to voice opposition to proposed changes in their neighborhood. The residents' concerns spanned practical issues like traffic and parking as well as broader community impact questions regarding affordability and neighborhood character preservation.

*Note: Specific transcript timestamps were not available for this meeting's contested items discussion.*

Approval of Minutes

0:30

The board reviewed and approved minutes from two previous meetings during this agenda item. The minutes under consideration were from the July 28, 2016 meeting and the August 25, 2016 meeting.

Key speakers during this discussion included Carolyn Plumlee and Carolyn Richardson, who participated in the review process for the meeting records.

The board proceeded with the standard approval process for both sets of minutes without any noted corrections or amendments. Following the review, both the July 28, 2016 and August 25, 2016 meeting minutes were formally approved by the board.

This routine administrative item was completed efficiently, allowing the meeting to proceed to other business items on the agenda.

Amendments to Articles 8-16

2:00

The Planning Commission considered ordinance ZOTA 2016-3, which proposed amendments to Articles 8-16 of the zoning code. The specific amendments would have allowed recreational facilities as principal uses in the B-1 zoning district.

Dick Murphy served as a key speaker during the discussion of this agenda item.

Following deliberation, the Planning Commission voted to postpone consideration of ZOTA 2016-3 indefinitely. This means the proposed amendments to allow recreational facilities as principal uses in the B-1 zone will not move forward at this time, and no future date was set for reconsideration of the matter.

The indefinite postponement effectively tables the zoning text amendments without a scheduled return to the commission's agenda.

Palumbo Properties, Inc. Zoning Map Amendment

120:00 The commission considered MARC 2015-7, a zoning map amendment request from Palumbo Properties, Inc. to rezone 13.81 acres located at 564 Asbury Lane from Single Family Residential (R-1D) to Planned Neighborhood Residential (R-3).

Key speakers during the discussion included Tracey Wade and Dick Murphy, who presented information and participated in the deliberation of this zoning change request.

The proposed amendment would allow for higher density residential development on the property by changing the zoning classification from the more restrictive single-family designation to planned neighborhood residential, which typically permits a broader range of housing types and configurations.

Following discussion of the proposal, the commission voted to approve the zoning map amendment, allowing Palumbo Properties, Inc. to proceed with development plans under the new R-3 zoning classification for the 13.81-acre site.

Community Ventures Properties, LLC Zoning Map Amendment

240:00

The council considered ordinance PLN-MAR-16-00007, a zoning map amendment request from Community Ventures Properties, LLC to rezone properties located on E Third Street and Midland Avenue from Light Industrial (I-1) to Neighborhood Business (B-1) and Downtown Frame Business (B-2A).

Key speakers during the discussion included Tracey Wade and Jacob Walbourn, who presented information regarding the proposed zoning changes. The amendment would allow for different types of commercial development on the affected properties, transitioning them from industrial use to business classifications that permit neighborhood-serving retail and downtown-oriented commercial activities.

The rezoning request involved multiple zoning designations: • Neighborhood Business (B-1) zoning, which typically allows for smaller-scale retail and service businesses • Downtown Frame Business (B-2A) zoning, which supports commercial uses that complement downtown development

The council ultimately approved the zoning map amendment, allowing Community Ventures Properties, LLC to proceed with their development plans under the new zoning classifications. The approval represents a shift from industrial land use to commercial business use in this area of the city, potentially bringing new retail and service opportunities to the E Third Street and Midland Avenue corridor.

Southend Park, Unit 1, Section 1 Reapproval

330:00

The commission considered agenda item PLAN 2013-122F, a resolution for the reapproval of the unrecorded section of Southend Park, Unit 1, Section 1.

Bill Grunwald presented the item, explaining that the reapproval was necessary due to a legal dispute involving property within the development. The original approval had not been recorded, requiring the commission to grant reapproval to move the project forward.

The legal dispute over the property had prevented the initial section from being properly recorded, creating the need for this administrative action. The reapproval would allow the development to proceed once the legal issues were resolved.

The commission approved the reapproval resolution for Southend Park, Unit 1, Section 1.