Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on January 12, 2017, at 1:33 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Bill Wilson presiding as chair. The commission addressed eight agenda items during the session, taking a total of 12 votes on various zoning amendments, development proposals, and procedural matters. Two public comments were heard during the meeting.

The commission approved six items, including the Consent Agenda, Community Ventures Properties development, an amendment to Article 4-7 of the Land Subdivision Regulations, appeals for properties at 407 N. Limestone and 401 N. Limestone, and an amendment to the 2017 Meeting & Filing Schedule. However, two significant zoning map amendment cases were postponed: the Ball Homes, Inc. proposal for The Peninsula development and the Bernard Jeffery and Patricia M. Queen application for Queen Estate. The meeting demonstrated the commission's ongoing work in managing urban development and zoning matters while ensuring proper procedural review of complex development proposals.

Attendance

The following members were present at the January 12, 2017 meeting:

• Bill Wilson
• Carolyn Richardson
• Karen Mundy
• Carolyn Plumlee
• Joseph Smith
• Will Berkley
• Patrick Brewer
• Mike Owens

Three members were absent:

• Frank Penn
• Mike Cravens
• David Drake

No members arrived late to the meeting. Eight of eleven total members were in attendance.

Votes and Decisions

The meeting included twelve motions, with ten passing unanimously and two postponements. All eight members present participated in each vote.

Minutes and Administrative Items The board unanimously approved the December 8, 2016, minutes on a motion by Carolyn Plumlee, seconded by Karen Mundy 0:30. The Consent Agenda was approved unanimously on a motion by Carolyn Richardson, seconded by Carolyn Plumlee 7:00. A motion to approve the release and call of bonds passed unanimously, moved by Mike Owens and seconded by Karen Mundy 9:00.

Postponements Two zoning map amendments were postponed. Case PLN-MAR-16-00016 (Ball Homes, Inc.) was postponed to January 26, 2017, on a motion by Patrick Brewer, seconded by Karen Mundy 3:00. Case PLN-MAR-16-00020 (Bernard Jeffery and Patricia M. Queen) was postponed to February 9, 2017, on a motion by Karen Mundy, seconded by Joseph Smith 5:00.

Development Approvals The Community Ventures Properties development plan (PLN-MJDP-16-00055) was approved unanimously on a motion by Carolyn Richardson, seconded by Carolyn Plumlee 11:00. The Sarah W. Greg property retracement plat (PLN-MJSUB-16-00059) passed unanimously, moved by Carolyn Richardson and seconded by Joseph Smith 18:00. The Fair Lawn and W.J. Hayden Subdivision (PLN-MJSUB-16-00058) was continued to February 9, 2017, on a motion by Carolyn Richardson, seconded by Joseph Smith 15:00.

Regulatory Changes Amendment SRA 2016-4 to Article 4-7 of the Land Subdivision Regulations passed unanimously on a motion by Carolyn Richardson, seconded by Joseph Smith 21:00. The 2017 Meeting & Filing Schedule amendment was approved unanimously, moved by Carolyn Richardson and seconded by Joseph Smith 30:00.

Appeals Two Board of Appeals cases required roll call votes. BOAR 2016-1 (407 N. Limestone) passed 6-2, with Wilson, Richardson, Mundy, Plumlee, Smith, and Owens voting in favor, while Berkley and Brewer opposed 25:00. BOAR 2016-2 (401 N. Limestone) also passed 6-2 with identical voting patterns 28:00. Both motions were made by Mike Owens and seconded by Carolyn Plumlee.

Public Comment

Two speakers addressed the board during the public comment period, both regarding postponements of zoning map amendment cases.

Nathan Billings 3:30 spoke on behalf of a large number of objectors regarding the postponement of the Ball Homes, Inc. zoning map amendment. Billings expressed frustration with the timing of the postponement but acknowledged agreement with the need for additional time to allow for necessary changes to be made to the development plan.

Rory Kahly 5:30 addressed the board regarding the Bernard Jeffery and Patricia M. Queen zoning map amendment case. Kahly requested a postponement of this item to prevent overloading the agenda for the January 26 meeting.

Both public comments focused on procedural matters related to the scheduling and postponement of zoning cases rather than substantive issues with the proposed developments themselves.

Contested Items

The meeting featured one contested item that resulted in a split vote among commission members.

Vinyl Window Replacements in Historic District

The commission addressed appeals for vinyl window replacements in a historic district that had previously been denied by the Board of Architectural Review. The disagreement centered on whether to allow modern vinyl windows in buildings located within the historic district boundaries.

The Board of Architectural Review had initially rejected the applications, likely citing concerns about maintaining the historic character and architectural integrity of the district. However, the appeals brought before the commission highlighted the financial burden that alternative window materials would place on the property owners.

The commission ultimately voted to approve the vinyl window replacement appeals, overturning the Board of Architectural Review's denials. The decision was based on two key factors: the demonstrated financial hardship that requiring more expensive, historically appropriate materials would impose on the applicants, and the determination that the buildings in question were of modern construction rather than historic structures that would require stricter preservation standards.

This split decision reflects the ongoing tension in historic preservation between maintaining architectural authenticity and accommodating property owners' practical and financial constraints. The commission's approval suggests they prioritized the economic impact on residents over strict adherence to historic district guidelines in this particular case.

Ball Homes, Inc. Zoning Map Amendment & The Peninsula

3:00 The commission reviewed petition PLN-MAR-16-00016, a request by Ball Homes, Inc. for a zoning map amendment affecting The Peninsula development. The proposal sought to rezone property from Agricultural Urban (A-U) zone to a combination of Planned Neighborhood Residential (R-3) zone and High Density Apartment (R-4) zone.

Nathan Billings served as a key speaker during the discussion of this agenda item. The commission examined the details of the proposed zoning changes, which would allow for increased residential density on the affected parcels.

However, the commission determined that additional time was needed to address necessary changes to the proposal before moving forward. The specific nature of these required modifications was not detailed in the available materials, but they were significant enough to warrant postponing consideration of the petition.

The commission ultimately decided to postpone the Ball Homes, Inc. zoning map amendment rather than approve or deny it at this meeting. This postponement will allow staff and the applicant additional time to make the necessary adjustments identified during the review process before the item returns to the commission for further consideration.

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

5:00

The commission considered agenda item PLN-MAR-16-00020, a petition by Bernard Jeffery and Patricia M. Queen for a zoning map amendment regarding the Queen Estate property. The proposal sought to rezone the property from Light Industrial (I-1) zone to Highway Service Business (B-3) zone.

Rory Kahly addressed the commission regarding this zoning amendment request. However, the commission did not proceed with a full discussion or presentation of the item during this meeting.

The commission decided to postpone consideration of this zoning map amendment to a future meeting date. The stated reason for the postponement was to avoid overloading the agenda for the upcoming January 26 meeting, suggesting that meeting already had a substantial number of items scheduled for review.

Outcome: The Bernard Jeffery and Patricia M. Queen zoning map amendment petition was postponed to a later meeting date to manage the commission's workload and ensure adequate time for proper consideration of all agenda items.

Consent Agenda

7:00

The commission approved the consent agenda during the January 12, 2017 meeting. Marco Rubio served as the key speaker for this agenda item.

The consent agenda included several subdivision and development plans that had been recommended for approval or reapproval by staff. These items were grouped together as routine matters that typically do not require individual discussion or debate.

The commission voted to approve the consent agenda as presented, allowing all included subdivision and development plans to move forward in the approval process. No specific concerns were raised regarding any of the items contained within the consent agenda.

This procedural vote streamlined the meeting by handling multiple routine development matters simultaneously rather than addressing each item individually.

Community Ventures Properties

11:00

The commission reviewed and discussed agenda item PLN-MJDP-16-00055 for Community Ventures Properties, a mixed-use development proposal that includes residential, commercial, and event space components.

Key speakers during the discussion included Tom Martin and Jason Morgan, who presented details about the development plan to the commission members. The proposal encompasses multiple types of uses within a single development project, combining housing units with commercial spaces and facilities designed for events.

The commission engaged in discussion regarding the various aspects of the proposed development, examining how the different components would work together and integrate with the surrounding area. The mixed-use nature of the project required consideration of how residential, commercial, and event space elements would coexist and function as part of the overall development plan.

Following their review and discussion of the proposal, the commission voted to approve the Community Ventures Properties development plan. The approval allows the project to move forward through the development process, with the mixed-use design incorporating the residential, commercial, and event space components as presented.

The approval of PLN-MJDP-16-00055 represents the commission's endorsement of the Community Ventures Properties project and its proposed combination of different land uses within a single development framework.

Amendment to Article 4-7 of the Land Subdivision Regulations

21:00

The commission considered agenda item SRA 2016-4, an amendment to Article 4-7 of the Land Subdivision Regulations. Doug Burton presented the proposed changes, which were designed to improve compliance with public improvements requirements in land subdivision projects.

The amendment focused on strengthening the regulatory framework governing how developers must complete required public improvements as part of the subdivision approval process. The proposed changes aimed to address compliance issues that had been identified in the current regulations.

Burton outlined the specific modifications to Article 4-7, explaining how the amended language would provide clearer requirements and better enforcement mechanisms for ensuring that public improvements are completed according to approved plans and specifications.

The commission discussed the practical implications of the proposed amendment and how it would affect future subdivision applications. The changes were presented as necessary improvements to protect public interests and ensure that infrastructure requirements are properly met by developers.

Following the presentation and discussion, the commission voted to approve the amendment to Article 4-7 of the Land Subdivision Regulations. The approval will result in updated standards that developers must follow when completing public improvements as part of their subdivision projects.

The amended regulations will take effect according to the standard implementation procedures for changes to the Land Subdivision Regulations, providing the commission with enhanced tools to ensure compliance with public improvement requirements in future development projects.

Appeal for 407 N. Limestone

25:00

The commission considered appeal BOAR 2016-1 regarding 407 N. Limestone, which involved a permit denial by the Board of Architectural Review for vinyl window replacements at the property.

Key speakers during the discussion included Laura May and Betty Kerr, who presented information related to the appeal. The original permit application had been denied by the Board of Architectural Review, prompting the property owner to bring the matter before the commission for review.

The discussion centered on the proposed vinyl window replacements and whether they met the appropriate standards for the property. The Board of Architectural Review's initial denial was examined, along with the merits of the appeal and any relevant design or historical preservation considerations.

After hearing the presentation and discussion from the speakers, the commission voted to approve the appeal. This decision effectively overturned the Board of Architectural Review's denial, allowing the vinyl window replacement project at 407 N. Limestone to proceed as originally proposed.

The approval of appeal BOAR 2016-1 concluded this agenda item, with the commission determining that the proposed vinyl window replacements were acceptable for the property despite the initial denial by the Board of Architectural Review.

Appeal for 401 N. Limestone

28:00

The commission considered appeal BOAR 2016-2 regarding 401 N. Limestone Street. The appeal challenged the Board of Architectural Review's denial of a permit for vinyl window replacements at the property.

Key speakers during the discussion included Perry Sholes and Betty Kerr, who presented information regarding the proposed window replacement project and the circumstances surrounding the original permit denial.

The commission reviewed the details of the Board of Architectural Review's decision and the grounds for the appeal. The discussion focused on the appropriateness of vinyl window materials for the property and whether the denial was justified under applicable architectural review standards.

After deliberation, the commission voted to approve the appeal, effectively overturning the Board of Architectural Review's denial of the vinyl window replacement permit for 401 N. Limestone Street.

Amendment to the 2017 Meeting & Filing Schedule

30:00

The commission considered an amendment to the 2017 Meeting & Filing Schedule during the January 12, 2017 meeting. Bill Sallee presented the proposed changes to the previously adopted schedule.

The amendment addressed two primary issues with the original 2017 schedule:

• Filing deadline corrections - The amendment corrected errors in previously established filing deadlines to ensure compliance with statutory requirements and provide adequate time for processing.

• January work session location change - The location for the January work session was modified from the originally designated venue.

Bill Sallee explained the necessity of these adjustments to maintain the commission's operational efficiency and ensure all meetings could proceed as planned. The changes were presented as administrative corrections rather than substantive policy modifications.

The commission approved the amendment to the 2017 Meeting & Filing Schedule without recorded opposition, allowing the corrected schedule to take effect immediately. This approval ensured that all stakeholders would have accurate information regarding upcoming filing deadlines and meeting locations for the remainder of 2017.