Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on March 23, 2017, 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 four agenda items during the session, taking five votes throughout the meeting and hearing one public comment.

The commission's work resulted in mixed outcomes for the development proposals under consideration. Two items were postponed for future consideration: the TAYLORMADE REAL ESTATE, LLC Zoning Map Amendment & Wynndale Subdivision Zoning Development Plan and the Amendment to Article 23A-10 regarding Supportive Uses as a Special Provision in the Economic Development (ED) Zone. Of the items that received final action, the commission approved the David M. Harl and Josophia D. Harl Zoning Map Amendment & Uhlan Court Subdivision Zoning Development Plan, while denying the Atchison Heller Construction, LLC Zoning Map Amendment & Harper Woods Development Plan.

The meeting demonstrated the commission's ongoing role in reviewing zoning amendments and development plans that shape Lexington's growth and land use patterns, with commissioners carefully considering each proposal's merits before rendering their decisions.

Attendance

All members were present at the March 23, 2017 meeting.

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

Absent: None

Late: None

Votes and Decisions

The commission conducted five votes during the March 23, 2017 meeting, with all 11 members present and participating.

Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from the February 23, 2017 and March 9, 2017 meetings, seconded by Carolyn Richardson. The motion passed unanimously with all 11 members voting in favor.

PLN-MAR-17-00006 Postponement 3:00 Karen Mundy motioned to postpone the TAYLORMADE REAL ESTATE, LLC Zoning Map Amendment & Wynndale Subdivision Zoning Development Plan, seconded by Carolyn Richardson. The postponement passed unanimously (11-0) and was rescheduled to the April 13, 2017 meeting.

ZOTA 2016-5 Postponement 3:30 Frank Penn motioned to postpone the Amendment to Article 23A-10: Supportive Uses as a Special Provision in the Economic Development (ED) Zone, seconded by Carolyn Plumlee. The postponement passed unanimously (11-0) and was rescheduled to the April 27, 2017 meeting.

PLN-MAR-17-00005 Approval 4:00 Carolyn Richardson motioned to approve the David M. Harl and Josophia D. Harl Zoning Map Amendment & Uhlan Court Subdivision Zoning Development Plan, seconded by Patrick Brewer. The motion passed unanimously (11-0), subject to approval and certification of the associated development plan.

PLN-MAR-17-00002 Disapproval 5:00 Mike Owens motioned to disapprove the Atchison Heller Construction, LLC Zoning Map Amendment & Harper Woods Development Plan, seconded by Carolyn Plumlee. The motion failed by a vote of 6-4, with William Wilson, Will Berkley, Patrick Brewer, Mike Owens, Frank Penn, and Carolyn Plumlee voting in favor of disapproval, while Mike Cravens, David Drake, Karen Mundy, and Joseph Smith voted against the motion to disapprove.

Public Comment

One member of the public addressed the meeting during the public comment period.

Janet Cabiness spoke regarding concerns about meeting postponement procedures 2:30. She expressed dissatisfaction with the short notice provided for the postponement of the Taylormade Real Estate zoning item. Cabiness requested that the city provide more advance notice to the public in future situations when agenda items are postponed, emphasizing the importance of adequate notification for community members who plan to attend meetings to address specific issues.

Contested Items

The commission addressed one contested item during the March 23, 2017 meeting that resulted in a split decision among members.

Atchison Heller Construction, LLC Zoning Map Amendment

The commission considered a zoning map amendment proposal submitted by Atchison Heller Construction, LLC. The request generated significant division among commission members, ultimately resulting in a 6-4 vote to deny the proposal.

The split vote indicates that four commission members supported the zoning amendment while six members opposed it. This close margin suggests the proposal raised substantive concerns that divided the commission on key issues related to the requested zoning change.

The denial of the Atchison Heller Construction zoning map amendment represents the only contested item that came to a vote during this meeting, highlighting the level of disagreement among commissioners regarding this particular development proposal.

*Note: Specific transcript timestamps and detailed discussion points were not available in the provided meeting data.*

TAYLORMADE REAL ESTATE, LLC Zoning Map Amendment & Wynndale Subdivision Zoning D

3:00

The planning commission considered petition PLN-MAR-17-00006 submitted by TaylorMade Real Estate, LLC for a zoning map amendment and development plan for the Wynndale Subdivision. The petition requested changing the zoning designation from Townhouse Residential (R-1T) to Planned Neighborhood Residential (R-3) for a 3.77 net acre property. Additionally, the applicant sought a conditional use permit as part of the proposal.

Key speakers during the discussion included Nick Nicholson and Janet Cabiness, who presented information regarding the zoning amendment request and development plans for the subdivision.

The proposed zoning change would allow for different residential development options under the R-3 classification compared to the current R-1T townhouse residential designation. The conditional use permit component suggests the development may include uses that require special approval under the proposed zoning category.

Following discussion of the petition, the planning commission decided to postpone consideration of the TaylorMade Real Estate zoning map amendment and Wynndale Subdivision development plan. The postponement indicates that additional information, review time, or modifications may be needed before the commission can make a final determination on the zoning change and conditional use permit request.

The 3.77-acre property represents a relatively modest residential development proposal that would require careful consideration of how the zoning change aligns with surrounding land uses and community planning objectives.

Amendment to Article 23A-10: Supportive Uses as a Special Provision in the Economic Development Zone

3:30

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 within 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 text amendment. The petition sought to modify the existing regulations governing supportive uses that would be permitted as special provisions in the Economic Development Zone.

The amendment proposal centered on establishing clearer guidelines for supportive uses within the designated Expansion Area of the ED Zone. These supportive uses would operate under special provision status, requiring specific approval processes and compliance measures.

Following the presentation and discussion, the meeting participants determined that additional time was needed to properly review and consider the implications of the proposed zoning text amendment. The complexity of the zoning regulations and the potential impact on the Economic Development Zone's Expansion Area contributed to the decision to delay action.

The agenda item was ultimately postponed, allowing for further review and consideration of the proposed changes to Article 23A-10. This postponement ensures that all stakeholders have adequate time to examine the amendment's provisions and their potential effects on supportive uses within the Economic Development Zone before making a final determination.

The postponement indicates that the matter will be revisited at a future meeting once additional review and preparation have been completed.

David M. Harl and Josophia D. Harl Zoning Map Amendment & Uhlan Court Subdivision

4:00

The commission reviewed petition PLN-MAR-17-00005, a request by David M. Harl and Josophia D. Harl for a zoning map amendment from Wholesale and Warehouse Business (B-4) to Planned Neighborhood Residential (R-3) for 0.34 net acres. The petition also included requests for a conditional use permit and dimensional variances as part of the Uhlan Court Subdivision Zoning Development Plan.

Key speakers during the discussion included: • Traci Wade • Dick Murphy

The proposal involved converting the small commercial property to residential zoning to accommodate the planned subdivision development. The petitioners sought the R-3 zoning classification, which would allow for planned neighborhood residential development on the site.

As part of the comprehensive development plan, the applicants also requested conditional use permits and dimensional variances to facilitate the subdivision layout and ensure compliance with residential development standards under the proposed zoning classification.

The commission considered the merits of converting the B-4 zoned property to residential use, evaluating factors such as compatibility with surrounding land uses, infrastructure capacity, and adherence to comprehensive planning goals for the area.

Following discussion and review of the petition materials, the commission approved the zoning map amendment request. This approval allows the property to be rezoned from B-4 to R-3, enabling the petitioners to proceed with their planned residential subdivision development on Uhlan Court.

The approval of PLN-MAR-17-00005 represents a transition from commercial/warehouse use to residential development for this 0.34-acre parcel, supporting neighborhood residential growth in the area.

Atchison Heller Construction, LLC Zoning Map Amendment & Harper Woods Development

5:00

The planning commission considered petition PLN-MAR-17-00002 submitted by Atchison Heller Construction, LLC for a zoning map amendment affecting the Harper Woods Development. The petition requested rezoning 11.37 net acres from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3), and an additional 0.13 net acres from Townhouse Residential (R-1T) to Planned Neighborhood Residential (R-3).

Key speakers during the discussion included Traci Wade and Jacob Wahlburn, who presented details about the proposed zoning changes and development plans for the Harper Woods project.

The petition sought to consolidate the property under a single Planned Neighborhood Residential (R-3) zoning designation, which would allow for higher-density residential development than the current Agricultural Urban zoning permits. The R-3 zoning classification typically accommodates planned residential communities with specific design standards and density requirements.

Following discussion and consideration of the proposal, the planning commission ultimately denied the zoning map amendment request. The specific reasons for the denial and any conditions or concerns raised by commissioners during deliberation were part of the meeting record, though the detailed rationale would require review of the full meeting transcript for complete context.

This denial means the property will retain its current zoning designations of Agricultural Urban (A-U) for the majority of the acreage and Townhouse Residential (R-1T) for the smaller portion, preventing the proposed Harper Woods development from proceeding under the requested R-3 planned neighborhood residential framework.