Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on November 17, 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 presiding officer. The commission addressed seven agenda items during the session, taking a total of 10 votes throughout the meeting and hearing 3 public comments from attendees.

The meeting resulted in mixed outcomes for the various development proposals under consideration. Three major items were postponed for future consideration: the BALL HOMES, INC. Zoning Map Amendment & THE PENINSULA project, the LEXMARK INTERNATIONAL, INC. Zoning Map Amendment, and an amendment to Article 23A-10 regarding supportive uses as a special provision in the Economic Development (ED) Zone.

The commission approved three applications: the BARBARA M & MASTEN CHILDERS II Land Subdivision, the CAPKY BLUEGRASS PROPERTIES, LLC Zoning Map Amendment, and the FORTUNE BUSINESS CENTRE, LLC Zoning Map Amendment. However, one proposal faced rejection as the commission denied the LEX PROPERTIES, LLC Zoning Map Amendment & WINDING CREEK AT MONTICELLO application.

The session demonstrated the commission's active review process for various types of development proposals, including residential subdivisions, commercial zoning changes, and regulatory amendments, with outcomes ranging from approvals and postponements to one denial.

Attendance

The meeting on November 17, 2016 had nine members present and two absent.

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

Absent: • Patrick Brewer • Frank Penn

No members arrived late to the meeting.

Votes and Decisions

The commission took action on ten items during the November 17, 2016 meeting, with most decisions receiving unanimous support.

Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from the October 27, 2016 meeting, seconded by Karen Mundy. The motion passed unanimously with 8 ayes and 0 nays.

Postponements Three items were postponed to future meetings:

• PLN-MAR-16-00016 5:00: Mike Owens motioned to postpone the BALL HOMES, INC. Zoning Map Amendment & THE PENINSULA to the December 15, 2016 meeting, seconded by Karen Mundy. Passed unanimously 8-0.

• PLN-MAR-16-00012 10:00: Mike Owens motioned to postpone the LEXMARK INTERNATIONAL, INC. Zoning Map Amendment to December 15, 2016, seconded by Joseph Smith. Passed with 7 ayes, 0 nays, and 1 abstention.

• ZOTA 2016-5 15:00: Karen Mundy motioned to postpone the Amendment to Article 23A-10: Supportive Uses as a Special Provision in the Economic Development (ED) Zone to January 26, 2017, seconded by Joseph Smith. Passed unanimously 8-0.

Approvals Five development items received unanimous approval:

• PLN-MJSUB-16-00014 20:00: BARBARA M & MASTEN CHILDERS II Land Subdivision approved 9-0, subject to 16 staff conditions.

• PLN-MAR-16-00002 30:00: CAPKY BLUEGRASS PROPERTIES, LLC Zoning Map Amendment approved 9-0 with additional zoning restrictions.

• PLN-MJDP-16-00009 35:00: STOREY BUSINESS SUBDIVISION, LOT 6 Development Plan approved 9-0, subject to 12 staff conditions.

• PLN-MAR-16-00008 45:00: FORTUNE BUSINESS CENTRE, LLC Zoning Map Amendment approved 9-0 with prohibited uses indicated.

• PLN-MJDP-16-00031 50:00: FORTUNE BUSINESS CENTER, LOT 3 Development Plan approved 9-0, subject to 8 staff conditions.

Denial PLN-MAR-16-00015 60:00: LEX PROPERTIES, LLC Zoning Map Amendment & WINDING CREEK AT MONTICELLO was unanimously denied 9-0.

Public Comment

Three residents spoke during the public comment period, all expressing opposition to the LEX PROPERTIES, LLC Zoning Map Amendment.

Evan 70:00 addressed concerns about the proposed development's potential impact on the neighborhood's aesthetic character and raised questions about possible environmental issues that could result from the project.

Janet 75:00 focused her comments on property maintenance concerns and questioned the reliability of promises made by the developer. She expressed skepticism about whether the developer would follow through on commitments made during the approval process.

Robin Young 80:00 emphasized the importance of preserving the existing neighborhood character and warned about the potential precedent this development could set for future projects in the area. Young's comments highlighted concerns about how approval of this amendment might influence subsequent development proposals.

All three speakers voiced opposition to the LEX PROPERTIES, LLC zoning amendment, with their concerns centering on neighborhood preservation, environmental impacts, developer accountability, and the broader implications for future development in the community.

Contested Items

The LEX PROPERTIES, LLC Zoning Map Amendment emerged as the primary contested item during the November 17, 2016 meeting, generating significant community opposition.

The proposal faced substantial pushback from residents and community members who raised multiple concerns about the zoning change request. Opposition centered on three main areas: potential environmental impact from the proposed development, questions about whether the project would be compatible with the existing neighborhood character, and worries about increased density that could strain local infrastructure and services.

Community members voiced their objections during the public comment period, expressing concerns that the zoning amendment would fundamentally alter the character of their neighborhood. The environmental impact concerns likely related to potential effects on local ecosystems, stormwater management, or other environmental factors that could result from increased development density.

The compatibility issues raised by opponents suggested that the proposed zoning change would allow for development that residents felt was inconsistent with the existing built environment and community standards in the area. The increased density concerns reflected common community worries about additional traffic, parking demands, and pressure on municipal services that often accompany zoning changes that permit more intensive land use.

The structured opposition from multiple community members indicated this was not an isolated concern but rather a coordinated effort by residents to voice their objections to the LEX PROPERTIES, LLC proposal. The nature and extent of the opposition suggests this zoning amendment request was viewed by the community as a significant departure from current land use patterns in the area.

*Note: Specific transcript timestamps and the final outcome of this contested item were not available in the provided meeting data.*

BALL HOMES, INC. Zoning Map Amendment & THE PENINSULA

5:00

The council considered ordinance PLN-MAR-16-00016, a petition by Ball Homes, Inc. for a zoning map amendment affecting properties located at 478 and 480 Squires Road. The proposal sought to rezone the land from Agricultural Urban (A-U) zone to two different residential classifications: Planned Neighborhood Residential (R-3) zone and High Density Apartment (R-4) zone.

Nick Nicholson served as a key speaker during the discussion of this agenda item, which involves "The Peninsula" development project.

The zoning change would allow for increased residential density on the Squires Road properties, transitioning from agricultural use to planned residential development. The dual zoning request indicates the developer's intention to create a mixed-density residential community, with both neighborhood-scale housing (R-3) and higher-density apartment development (R-4) within the same project area.

Following discussion, the council decided to postpone action on this zoning map amendment. The postponement suggests that additional information, public input, or further review may be needed before the council is prepared to make a final decision on the proposed rezoning.

The delay allows time for any outstanding issues to be addressed before the item returns to the council for consideration at a future meeting.

LEXMARK INTERNATIONAL, INC. Zoning Map Amendment

10:00

The council considered agenda item PLN-MAR-16-00012, a petition by Lexmark International, Inc. for a zoning map amendment affecting property at 740 W. New Circle Road. The proposal sought to rezone portions of the property from Light Industrial (I-1) to Professional Office (P-1) zone, and from Agricultural Urban (A-U) to Professional Office (P-1) zone.

Rory Kahly served as a key speaker during the discussion of this zoning amendment request. The petition represents Lexmark's effort to change the zoning designation to allow for professional office use on the property located along New Circle Road.

The council ultimately decided to postpone action on this zoning map amendment. No final vote was taken on the ordinance during this meeting, leaving the petition pending for future consideration.

The postponement allows additional time for review of the zoning change request, which would transition the property from its current industrial and agricultural urban designations to a professional office classification that would permit different types of development and land use on the Lexmark site.

AMENDMENT TO ARTICLE 23A-10: SUPPORTIVE USES AS A SPECIAL PROVISION IN THE ECONO

15:00

The meeting addressed agenda item ZOTA 2016-5, a petition for a Zoning Ordinance text amendment to Article 23A-10 regarding supportive uses as a special provision in the Economic Development (ED) Zone. The proposed amendment specifically focused on supportive uses within the Expansion Area.

Dick Murphy served as the key speaker for this agenda item, presenting the details of the proposed zoning ordinance text amendment. The amendment sought to modify regulations governing supportive uses that would be permitted as special provisions within the Economic Development zone.

The proposed changes to Article 23A-10 would establish new parameters for how supportive uses could be implemented within the designated Expansion Area of the Economic Development zone. These modifications were intended to provide additional flexibility for development while maintaining appropriate zoning controls.

Following the presentation and discussion, the meeting participants decided to postpone action on ZOTA 2016-5. The postponement suggests that additional review, public input, or further consideration was deemed necessary before moving forward with the proposed zoning ordinance text amendment.

The postponement of this agenda item means that the proposed changes to Article 23A-10 regarding supportive uses in the Economic Development zone will be revisited at a future meeting, allowing more time for stakeholder input and comprehensive review of the amendment's potential impacts on the Expansion Area development regulations.

BARBARA M & MASTEN CHILDERS II Land Subdivision

20:00

The Planning Commission considered agenda item PLN-MJSUB-16-00014, a land subdivision proposal for Barbara M. and Masten Childers II. The plan involves platting a 15-acre lot located at 4390 Briar Hill Road.

Jacob Walbourn served as the key speaker presenting the subdivision proposal to the commission. The application requested approval to subdivide the property under the established planning and zoning regulations.

The subdivision plan was presented as an ordinance-level item, indicating it required formal legislative action by the commission. The proposal included various conditions that would need to be met as part of the approval process, though the specific details of these conditions were not elaborated in the available materials.

Following the presentation and any discussion that may have occurred, the Planning Commission voted to approve the Barbara M. and Masten Childers II land subdivision. The approval allows the property owners to proceed with platting the 15-acre parcel at 4390 Briar Hill Road, subject to compliance with the conditions established as part of the approval.

The successful approval of PLN-MJSUB-16-00014 represents the completion of the regulatory review process for this particular subdivision proposal, enabling the Childers to move forward with their land development plans.

CAPKY BLUEGRASS PROPERTIES, LLC Zoning Map Amendment

30:00

The council considered petition PLN-MAR-16-00002, a zoning map amendment request from CAPKY Bluegrass Properties, LLC to rezone property at 353 Waller Avenue from Professional Office (P-1) to High Rise Apartment (R-5) zone.

Tom Martin served as a key speaker during the discussion of this zoning change proposal. The petition sought to convert the current professional office zoning designation to allow for high-rise apartment development at the Waller Avenue location.

The zoning map amendment was presented as an ordinance for council consideration. The change from P-1 to R-5 zoning would permit the development of high-rise residential units where professional office use was previously designated.

Following discussion, the council approved the zoning map amendment, allowing CAPKY Bluegrass Properties, LLC to proceed with their proposed residential development plans for the 353 Waller Avenue property under the new High Rise Apartment zoning classification.

FORTUNE BUSINESS CENTRE, LLC Zoning Map Amendment

45:00

The council considered petition PLN-MAR-16-00008, a zoning map amendment request from Fortune Business Centre, LLC to rezone property at 2300 Fortune Drive from Professional Office (P-1) to Wholesale and Warehouse Business (B-4).

Tom Miller served as the key speaker for this agenda item, presenting the details of the proposed zoning change. The petition sought to modify the current Professional Office designation to allow for wholesale and warehouse business operations at the Fortune Drive location.

The ordinance was approved by the council, allowing the property owner to proceed with the requested zoning classification change. This approval enables the property to be used for wholesale and warehouse business purposes rather than being restricted to professional office uses.

The zoning amendment represents a shift from office-based commercial activity to industrial/warehouse operations at the 2300 Fortune Drive site. With the B-4 zoning designation now in place, the property can accommodate businesses involved in wholesale trade and warehouse storage activities.

LEX PROPERTIES, LLC Zoning Map Amendment & WINDING CREEK AT MONTICELLO

60:00

The commission considered petition PLN-MAR-16-00015, a request by Lex Properties, LLC for a zoning map amendment to rezone property located at 3455 Saybrook Road from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3) zone for the Winding Creek at Monticello development.

Tracey Wade served as a key speaker during the discussion of this zoning amendment request. The petition sought to change the zoning classification to allow for planned neighborhood residential development on the agricultural property.

Following deliberation on the proposed zoning change, the commission ultimately denied the petition. The denial prevents the requested rezoning from Agricultural Urban to Planned Neighborhood Residential, meaning the property at 3455 Saybrook Road will retain its current A-U zoning designation.

The specific concerns or reasons cited for the denial were not detailed in the available information, but the outcome indicates the commission determined the proposed zoning change was not appropriate for this location at this time.