Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on December 15, 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 10 agenda items during the meeting, with a mixed outcome of approvals and deferrals for various zoning map amendments and development proposals.

The commission took 11 votes throughout the meeting and heard 4 public comments from attendees. Five agenda items were tabled for future consideration, including zoning map amendments for Ball Homes Inc.'s Peninsula project, Bernard Jeffery and Patricia M. Queen's Queen Estate, Lexmark International Inc.'s corporate property, James D. Baker's Bluegrass Executive Park Unit 1-C, and proposed amendments to Article 8-24 for the Office, Industry and Research Park (P-2) Zone.

The commission approved five items, including zoning map amendments for Webb/Lexington Venture's Joe Montgomery Property, Haymaker Development Co.'s Beaumont Farm Unit 3-B Lot 1, Cowgill Partners' Yellman's Subdivision, and D & D Realty's Whistle Stop project. Additionally, the commission approved an early rehearing request for Anderson Bridgewater, LLC. The meeting demonstrated the commission's ongoing work in managing urban development and zoning decisions for Lexington-Fayette County.

Attendance

The following members were present at the December 15, 2016 meeting:

Present: • William Wilson • Will Berkley • Mike Cravens • Karen Mundy • Mike Owens • Frank Penn • Carolyn Plumlee • Joseph Smith

Absent: • Patrick Brewer • David Drake • Carolyn Richardson

No members arrived late to the meeting. Eight members were in attendance, with three members absent.

Votes and Decisions

The commission took action on eleven items during the December 15, 2016 meeting, with all eight members present: William Wilson, Will Berkley, Mike Cravens, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, and Joseph Smith.

Administrative Actions The commission unanimously approved the minutes from the November 17, 2016 meeting on a motion by Carolyn Plumlee, seconded by Karen Mundy (8-0).

Postponements 0:00 Five items were postponed unanimously: • PLN-MAR-16-00016: Ball Homes, Inc. zoning map amendment & The Peninsula - postponed to January 12, 2017 (motion by Carolyn Plumlee, second by Mike Owens) • PLN-MAR-16-00020: Bernard Jeffery and Patricia M. Queen zoning map amendment & Queen Estate - postponed to January 12, 2017 (motion by Mike Owens, second by Carolyn Plumlee) • PLN-MAR-16-00012: Lexmark International, Inc. zoning map amendment - postponed to February 23, 2017 (motion by Mike Owens, second by Carolyn Plumlee) • PLN-MAR-16-00018: James D. Baker zoning map amendment & Bluegrass Executive Park, Unit 1-C - postponed to January 26, 2017 (motion by Karen Mundy, second by Joseph Smith) • ZOTA 2016-7: Amendments to Article 8-24 for the Office, Industry and Research Park (P-2) zone - postponed to February 23, 2017 (motion by Mike Cravens, second by Karen Mundy)

Approvals 0:00 Four zoning map amendments were approved, all subject to approval and certification of associated development plans: • PLN-MAR-16-00024: Webb/Lexington Venture – 108, Ltd & Joe Montgomery Property (AMD) - passed unanimously 8-0 (motion by Will Berkley, second by Frank Penn) • PLN-MAR-16-00017: Haymaker Development Co., LLC & Beaumont Farm, Unit 3-B Lot 1 (AMD) - passed 7-1 with Carolyn Plumlee voting against (motion by Mike Cravens, second by Will Berkley) • PLN-MAR-16-00019: Cowgill Partners, LP & Yellman's Subdivision - passed 7-1 with Carolyn Plumlee voting against (motion by Mike Cravens, second by Karen Mundy) • PLN-MAR-16-00023: D & D Realty, LLC & Whistle Stop - passed unanimously 8-0 (motion by Mike Owens, second by Joseph Smith)

The commission also unanimously approved EFR 2016-1, an early rehearing request for Anderson Bridgewater, LLC (8-0, motion by Mike Owens, second by Karen Mundy).

Public Comment

Four community members addressed the board during the public comment period, focusing on three separate zoning map amendment cases 0:00.

Ball Homes, Inc. Zoning Map Amendment

Nathan Billings spoke on behalf of area neighbors regarding the Ball Homes, Inc. development proposal. He expressed concerns about the timing of revisions to the development plan and formally requested that the hearing be postponed to January 26, 2017 0:00.

Tom Krugel also addressed the Ball Homes matter, requesting that the hearing be postponed until January 27, 2017 0:00.

James D. Baker Zoning Map Amendment

Prakash Maggan commented on the James D. Baker zoning map amendment case. While he expressed concerns regarding the proposed zone change, Maggan indicated he did not object to any requested postponement of the hearing 0:00.

D & D Realty, LLC Zoning Map Amendment

Barbara Grossman spoke in opposition to the D & D Realty, LLC zoning map amendment proposal. The proposal involves a gas station and convenience store development. Grossman stated that the neighborhood does not need these types of facilities and expressed her opposition to the project 0:00.

The public comments reflected community engagement with multiple zoning matters before the board, with speakers requesting postponements for two cases and expressing direct opposition to a third proposal. No other members of the public addressed the board during this comment period.

Contested Items

Three zoning map amendment requests generated disagreement during the December 15, 2016 meeting, with two resulting in split commission votes and one facing community opposition.

Haymaker Development Co., LLC Zoning Map Amendment The commission approved this zoning map amendment in a 7-1 vote, indicating one member dissented from the majority decision. The specific nature of the disagreement among commissioners was not detailed in the available materials.

Cowgill Partners, LP Zoning Map Amendment Similar to the Haymaker Development request, this zoning map amendment also passed with a 7-1 commission vote. One commissioner voted against the proposal, though the reasons for the dissenting vote were not specified in the meeting documentation.

D & D Realty, LLC Zoning Map Amendment This proposal for a gas station and convenience store faced opposition from community members who attended the meeting. Residents expressed their concerns that the neighborhood does not need these types of commercial facilities. Despite the community opposition voiced during the public input portion of the meeting, the commission's final decision on this zoning amendment was not clearly indicated in the available materials.

The split votes on the Haymaker Development and Cowgill Partners amendments suggest these items required more deliberation among commissioners, while the D & D Realty proposal highlighted a disconnect between community preferences and the proposed development plans.

Ball Homes, Inc. Zoning Map Amendment & The Peninsula

0:00 The commission considered petition PLN-MAR-16-00016, a zoning map amendment request from Ball Homes, Inc. for properties located at 478 and 480 Squires Road. The petition sought to rezone the parcels from Agricultural Urban (A-U) zone to a combination of Planned Neighborhood Residential (R-3) zone and High Density Apartment (R-4) zone.

Key speakers during the discussion included Nick Nicholson and Nathan Billings, who presented information regarding the proposed zoning changes for The Peninsula development project.

The commission ultimately decided to postpone consideration of this zoning map amendment ordinance. The item was tabled and rescheduled for the January 12, 2017 commission meeting, allowing additional time for review and preparation of the proposal.

No specific details about the nature of the discussion, concerns raised by commissioners, or reasons for the postponement were provided in the available meeting materials. The zoning change would have allowed for higher density residential development on the agricultural properties if approved.

Bernard Jeffery and Patricia M. Queen Zoning Map Amendment & Queen Estate

0:00 The commission considered agenda item PLN-MAR-16-00020, a petition for a zoning map amendment submitted by Bernard Jeffery and Patricia M. Queen for the Queen Estate properties. The proposal sought to rezone properties located at 411 Chair Avenue and other parcels from Light Industrial (I-1) zone to Highway Service Business (B-3) zone.

Jacob Walbourn served as the key speaker presenting information on this zoning amendment request. The petition involved multiple properties within the Queen Estate development area, representing a significant zoning change that would shift the permitted land uses from light industrial activities to highway service business operations.

The Highway Service Business (B-3) zoning classification typically allows for commercial activities that serve travelers and the motoring public, such as gas stations, restaurants, hotels, and automotive services. This represents a substantial change from the Light Industrial (I-1) designation, which permits manufacturing, warehousing, and similar industrial uses.

Following the presentation and any discussion, the commission determined that additional time was needed to properly review the zoning amendment petition. Rather than proceeding with a vote on the ordinance, the commission chose to postpone consideration of the item.

The zoning map amendment was tabled and rescheduled for the commission's January 12, 2017 meeting. This postponement would allow commissioners additional time to review the proposal, conduct any necessary site visits, and consider the potential impacts of changing the zoning designation from industrial to highway service business use for these properties along Chair Avenue.

Lexmark International, Inc. Zoning Map Amendment & Lexmark International Corporation

0:00

The Planning Commission considered petition PLN-MAR-16-00012, a zoning map amendment request from Lexmark International, Inc. and Lexmark International Corporation. The petition sought to rezone properties located at 740 W. New Circle Road and 1180 Newtown Pike from Light Industrial (I-1) to Professional Office (P-1) zoning.

Rory Kahly served as a key speaker during the discussion of this agenda item. However, the commission did not proceed with a full review or debate of the zoning amendment request during this meeting.

The commission ultimately decided to postpone consideration of the Lexmark zoning petition. The item was tabled and rescheduled for the February 23, 2017 Planning Commission meeting, allowing additional time for review and preparation before making a determination on the proposed zone change from industrial to professional office use for the two Lexmark properties.

James D. Baker Zoning Map Amendment & Bluegrass Executive Park, Unit 1-C

0:00

The commission considered petition PLN-MAR-16-00018, a request for a zoning map amendment involving properties located at Thunderstick Drive and Call Drive. The petition sought to change the zoning designation from Professional Office (P-1) zone to a Planned Neighborhood Residential (R-3) zone for the Bluegrass Executive Park, Unit 1-C development.

Rory Kahly served as a key speaker during the discussion of this agenda item. However, the commission did not proceed with a full review or debate of the zoning amendment request during this meeting.

The commission ultimately decided to postpone consideration of the James D. Baker zoning map amendment. The item was tabled and rescheduled for the January 26, 2017 commission meeting, allowing additional time for review and preparation before making a decision on the proposed zone change from professional office use to planned neighborhood residential development.

This postponement suggests that either additional information was needed, stakeholders required more time to prepare their presentations, or scheduling conflicts prevented a thorough examination of the petition during the December 15, 2016 meeting.

Amendments to Article 8-24 for the Office, Industry and Research Park (P-2) Zone

0:00

The commission considered petition ZOTA 2016-7, a proposed zoning ordinance text amendment to Article 8-24 that would allow additional uses in the Office, Industry and Research Park (P-2) Zone.

George Ward served as a key speaker for this agenda item, though the specific details of his presentation and the proposed additional uses were not elaborated in the available materials.

The commission ultimately decided to postpone consideration of this zoning text amendment. The item was tabled and rescheduled for the February 23, 2017 meeting, allowing additional time for review and consideration of the proposed changes to the P-2 zone regulations.

No further details were provided regarding the specific uses being proposed for inclusion in the P-2 zone or the reasons for the postponement.

Webb/Lexington Venture – 108, Ltd Zoning Map Amendment & Joe Montgomery Property

0:00

The commission reviewed petition PLN-MAR-16-00024, a zoning map amendment request for property located at 3735 Palomar Centre Drive. The petition sought to rezone a portion of the property from Professional Office (P-1) to Planned Shopping Center (B-6P).

Key speakers during the discussion included Traci Wade and Cheryl Gallt, who presented information regarding the Webb/Lexington Venture – 108, Ltd proposal and the Joe Montgomery Property component of the amendment.

The zoning change would allow for expanded commercial uses on the property beyond what is currently permitted under the Professional Office designation. The Planned Shopping Center zoning classification typically accommodates retail, service, and commercial establishments in a coordinated development.

Following the presentation and discussion of the petition details, the commission voted to approve the zoning map amendment. The approval allows the property owner to proceed with development plans that align with the B-6P zoning requirements and permitted uses.

The item was processed as an ordinance-level matter, reflecting the formal nature of zoning map amendments that require legislative action to modify the official zoning designations within the jurisdiction.

Haymaker Development Co., LLC Zoning Map Amendment & Beaumont Farm, Unit 3-B Lot

0:00 The commission reviewed petition PLN-MAR-16-00017 submitted by Haymaker Development Co., LLC for a zoning map amendment affecting property at 3101 Wall Street. The petition requested a change from Highway Service Business (B-3) zone with existing conditions to Highway Service Business (B-3) zone with modified conditions for the Beaumont Farm, Unit 3-B Lot 1 (AMD) property.

Key speakers during the discussion included Traci Wade and Cheryl Gallt, who presented information regarding the proposed zoning modifications. The amendment maintained the same underlying B-3 zoning classification while seeking to alter the specific conditions attached to the property's zoning designation.

The Highway Service Business (B-3) zone typically accommodates commercial uses oriented toward highway and automotive services. The petition's focus on modifying existing conditions rather than changing the fundamental zoning classification suggests the applicant sought to adjust operational parameters or development standards while maintaining the property's commercial character.

Following the presentation and any discussion among commissioners, the petition was approved. The approval allows Haymaker Development Co., LLC to proceed with their development plans under the modified B-3 zoning conditions for the Wall Street property.

This zoning amendment represents a relatively straightforward administrative adjustment, maintaining commercial zoning while updating the specific regulatory framework governing the property's use and development potential.

Cowgill Partners, LP Zoning Map Amendment & Yellman's Subdivision

0:00

The commission reviewed petition PLN-MAR-16-00019, a request from Cowgill Partners, LP for a zoning map amendment to change properties located on Blackburn Avenue from Light Industrial (I-1) zone to High Rise Apartment (R-5) zone. This rezoning request was associated with Yellman's Subdivision development.

Key speakers during the discussion included Traci Wade and Tom Martin, who presented information regarding the proposed zoning change. The petition sought to convert industrial-zoned land to high-density residential use, which would allow for apartment development in the area.

The commission considered the merits of transitioning the Blackburn Avenue properties from their current industrial designation to residential use. The High Rise Apartment (R-5) zoning classification would permit multi-story residential buildings and higher density housing development than other residential zones.

Following discussion of the proposal, the commission voted to approve the zoning map amendment. The approval allows Cowgill Partners, LP to proceed with their plans for residential development on the formerly industrial-zoned properties as part of the Yellman's Subdivision project.

The successful petition represents a shift in land use for the Blackburn Avenue area, converting industrial property to residential use that will accommodate apartment housing. The approved zoning change enables the development to move forward under the High Rise Apartment zoning requirements and regulations.

D & D Realty, LLC Zoning Map Amendment & Whistle Stop

0:00 The commission reviewed petition PLN-MAR-16-00023 submitted by D & D Realty, LLC for a zoning map amendment at 362 Newtown Pike. The request sought to change the property's zoning designation from Light Industrial (I-1) to Neighborhood Business (B-1).

Key speakers during the discussion included Bill Sallee and Tom Martin, who presented information regarding the proposed zoning change and the Whistle Stop development project associated with the property.

The zoning amendment would allow for neighborhood business uses on the Newtown Pike property, representing a shift from the current light industrial designation to a more commercially-oriented zoning classification. The B-1 Neighborhood Business zone typically permits retail, office, and service uses that serve nearby residential areas.

Following the presentation and discussion of the petition, the commission voted to approve the zoning map amendment request. The approval allows D & D Realty, LLC to proceed with their planned development under the new B-1 zoning designation.

The item was processed as an ordinance, indicating it required formal legislative action by the commission. With the approval of PLN-MAR-16-00023, the property at 362 Newtown Pike will be rezoned from Light Industrial (I-1) to Neighborhood Business (B-1), enabling the proposed Whistle Stop project to move forward under the appropriate zoning framework.

Early Rehearing Request for Anderson Bridgewater, LLC

0:00

The commission considered Early Rehearing Request EFR 2016-1 submitted by Anderson Bridgewater, LLC for a zone change from EAR-1 to EAR-2 for property located at 425 Chilesburg Road.

Key speakers during the discussion included Bill Sallee and Dick Murphy, who presented information regarding the rehearing request. The item involved a request to change the zoning designation from EAR-1 (Employment Activity Region-1) to EAR-2 (Employment Activity Region-2) for the specified property.

The commission reviewed the early rehearing request and ultimately approved EFR 2016-1, allowing Anderson Bridgewater, LLC to proceed with the requested zone change for the Chilesburg Road property.