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Planning Commission Zoning Public Hearing

November 30, 2017 · 20,776 words

Summary

Meeting Overview

The Urban County Planning Commission convened on November 30, 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 Bill Wilson presiding as the presiding officer. The commission addressed 10 agenda items during the session, taking 10 votes on various zoning amendments, development plans, and policy matters. One public comment was heard during the proceedings.

The commission accomplished significant business, approving 8 of the 10 items on their agenda while tabling 2 items for future consideration. Key approvals included the Willstone, LLC Zoning Map Amendment and its associated variance, the Bella Vista Subdivision Lot 6 Development Plan, and an amendment to allow hotels as a principal permitted use in the P-1 zone. The commission also approved a TIF report for the University of Kentucky Coldstream Research Campus Mixed-Use Project, a public facility review for a new elementary school, and the Rural Land Management Plan.

Two items were tabled for further review: the Anderson Luradane, LLC Zoning Map Amendment & Sullivan Park & Devereux Subdivision Zoning Development Plan, and an amendment to allow off-site airport parking as a conditional use in the Agricultural Rural (A-R) zone. The meeting began with the routine approval of minutes from the previous session, establishing the procedural foundation for the day's business.

Attendance

The following members were present at the November 30, 2017 meeting:

  • Bill Wilson
  • Headley Bell
  • Will Berkley
  • Mike Cravens
  • Larry Forester
  • Karen Mundy
  • Mike Owens
  • Frank Penn
  • Carolyn Plumlee
  • Carolyn Richardson

Absent: Brewer

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

Votes and Decisions

The Planning Commission took action on ten items during the November 30, 2017 meeting, with most receiving unanimous approval.

Meeting Minutes Approval 0:30 Carolyn Plumlee motioned to approve the October 26, 2017 meeting minutes, seconded by Karen Mundy. The motion passed 8-0 with 2 abstentions. Voting in favor: Bill Wilson, Will Berkley, Mike Cravens, Larry Forester, Karen Mundy, Mike Owens, Carolyn Plumlee, and Carolyn Richardson.

Postponements [timestamps: 02:30, 03:30] Two items were postponed by unanimous 10-0 votes. PLN-MAR-17-00039 (Anderson Luradane, LLC Zoning Map Amendment & Sullivan Park & Devereux Subdivision Zoning Development Plan) was postponed on a motion by Mike Cravens, seconded by Mike Owens. ZOTA 2017-6 (Amendment to Allow Off-Site Airport Parking as a Conditional Use in the Agricultural Rural Zone) was postponed on a motion by Carolyn Plumlee, seconded by Karen Mundy.

Approved Items PLN-MAR-17-00038 (Willstone, LLC Zoning Map Amendment from R-1C to B-1) passed unanimously 10-0 5:00. However, the related variance for Willstone, LLC to reduce side yard setback passed by a narrower 6-4 margin 7:00, with Mike Owens, Frank Penn, Carolyn Plumlee, and Carolyn Richardson voting against. The variance was approved with findings provided by Mr. Murphy, excluding number 4.

PLN-MJDP-17-00104 (Bella Vista Subdivision, Lot 6 Development Plan) passed 10-0 with a condition change to denote Planning Commission variance approval 9:00.

ZOTA 2017-7 (Amendment to Allow Hotels as a Principal Permitted Use in P-1 Zone) passed unanimously 11:00.

The TIF Report for University of Kentucky Coldstream Research Campus Mixed-Use Project passed 10-0 13:00.

Public Facility Review for a new elementary school at 260 Richardson Place passed unanimously, including staff recommendations 15:00.

Finally, the Rural Land Management Plan was adopted as an amendment to the 2013 Comprehensive Plan by a 10-0 vote 17:00.

Public Comment

The public comment period included one speaker who addressed concerns about local planning initiatives.

Catherine Perkins spoke regarding the Paris Pike Corridor 19:00. She expressed concern about how the rural land management plan might potentially affect the Paris Pike Corridor area. Perkins specifically requested confirmation from the meeting body that the rural land management plan would not supersede the existing small area plan for the Paris Pike Corridor. Her comments focused on ensuring that previously established planning frameworks for this corridor would remain intact and not be overridden by broader rural planning initiatives.

Appointments

The meeting addressed one appointment matter involving the Urban County Planning Commission.

David Drake resigned from his position on the Urban County Planning Commission. No additional details were provided regarding the timing or circumstances of the resignation.

No other appointment actions, including new appointments, reappointments, or additional resignations, were discussed during this meeting.

Contested Items

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

Variance for Willstone, LLC

The primary point of contention involved a variance request from Willstone, LLC to reduce the required side yard setback for their property. The proposal generated significant debate among the commissioners, ultimately resulting in a narrow 6-4 vote in favor of approving the variance.

The split vote indicates substantial disagreement among the commissioners regarding whether the variance met the necessary criteria for approval. While the specific arguments for and against the variance are not detailed in the available records, the close margin suggests commissioners had differing interpretations of factors such as hardship requirements, impact on neighboring properties, or compliance with zoning regulations.

Despite the division, the variance was ultimately approved, with six commissioners voting in favor and four voting against the proposal. This narrow approval allows Willstone, LLC to proceed with their development plans under the reduced setback requirements.

The contested nature of this item demonstrates the challenging balance commissioners must strike between accommodating development needs and maintaining zoning standards that protect community interests.

Approval of Minutes

0:30

The board reviewed the minutes from the October 26, 2017 meeting for approval. Carolyn Plumlee and Karen Mundy were the key speakers during this agenda item.

The minutes were presented to the board members for their review and consideration. Following the review process, the minutes of the October 26, 2017 meeting were approved by the board.

No specific concerns or issues were raised regarding the accuracy or content of the minutes during the discussion. The approval process proceeded without debate or amendments to the previously recorded meeting proceedings.

Anderson Luradane, LLC Zoning Map Amendment & Sullivan Park & Devereux Subdivision

2:30

The planning commission considered agenda item PLN-MAR-17-00039, a request by Anderson Luradane, LLC for a zone map amendment from Single Family Residential (R-1D) to High Density Apartment (R-4) zoning. The proposal also included a zoning development plan for the Sullivan Park & Devereux Subdivision.

Dick Murphy served as a key speaker during the discussion of this zoning matter. The request sought to change the current single-family residential designation to allow for higher density apartment development on the property.

However, the commission did not proceed with a full review or vote on the zoning map amendment during this meeting. Instead, the item was postponed and tabled for future consideration. No specific reasons for the postponement were detailed in the available meeting materials, nor were any particular concerns or objections discussed at length during this brief agenda item.

The tabling of PLN-MAR-17-00039 means the Anderson Luradane, LLC zoning request will need to return to the planning commission at a subsequent meeting for full consideration and potential action.

Amendment to Allow Off-Site Airport Parking as a Conditional Use in the Agricultural Rural Zone

3:30

The Planning Commission considered agenda item ZOTA 2017-6, a zoning ordinance text amendment that would allow off-site airport parking as a conditional use in the Agricultural Rural (A-R) Zone.

John Carter served as the key speaker for this agenda item, presenting the proposed amendment to the commission members.

The proposed text amendment would modify the existing zoning regulations to permit off-site airport parking facilities in areas zoned as Agricultural Rural, subject to conditional use approval. This type of zoning change would require property owners to go through the conditional use permit process, which includes public hearings and specific criteria that must be met before approval.

However, the commission did not proceed with a full discussion or vote on the merits of the proposed amendment. Instead, the item was tabled, meaning it was postponed for consideration at a future meeting. The specific reasons for postponing the item were not detailed in the available information.

The tabling of ZOTA 2017-6 means that the proposed zoning text amendment to allow off-site airport parking in Agricultural Rural zones remains under consideration but will need to be brought back before the Planning Commission at a later date for further review and potential action.

This type of zoning amendment typically involves considerations about compatibility with agricultural uses, traffic impacts, environmental concerns, and the appropriateness of commercial parking operations in rural agricultural areas. The conditional use designation would allow for case-by-case review of such proposals rather than permitting them outright in the A-R zone.

Willstone, LLC Zoning Map Amendment

5:00

The council considered agenda item PLN-MAR-17-00038, a zoning map amendment request from Willstone, LLC to rezone property from Single Family Residential (R-1C) to Neighborhood Business (B-1).

Dick Murphy served as a key speaker during the discussion of this zoning change proposal.

The amendment sought to change the zoning designation to allow for neighborhood business uses on property currently zoned for single-family residential development. The B-1 Neighborhood Business zone typically permits small-scale commercial activities that serve nearby residential areas.

The council approved the zoning map amendment, allowing Willstone, LLC to proceed with their plans for the property under the new B-1 zoning classification.

Variance for Willstone, LLC

7:00

The board considered a variance request from Willstone, LLC to reduce the required side yard setback from 12 feet to 5 feet for their property development.

Dick Murphy served as the key speaker during the discussion of this variance application. The request sought to allow construction closer to the property line than typically permitted under standard zoning regulations.

The variance was approved by the board, allowing Willstone, LLC to proceed with their development plans using the reduced 5-foot side yard setback instead of the standard 12-foot requirement. This represents a significant reduction of 7 feet from the normal setback standards.

The approval of this variance enables the applicant to maximize the buildable area on their property while maintaining what the board determined to be adequate spacing from adjacent properties.

Bella Vista Subdivision, Lot 6 Development Plan

9:00

The commission reviewed development plan PLN-MJDP-17-00104 for Bella Vista Subdivision, Lot 6. Dick Murphy served as a key speaker during the discussion of this agenda item.

The development plan was presented as an ordinance for the commission's consideration. While the extracted data indicates this was a development plan review, specific details about the proposed development, including the type of construction, number of units, or other project specifications, were not captured in the available materials.

The commission ultimately approved the development plan with conditions. However, the specific conditions attached to the approval, any concerns raised during the discussion, or details about the debate that may have occurred are not detailed in the available summary.

The approval of PLN-MJDP-17-00104 allows the Bella Vista Subdivision, Lot 6 development to proceed, subject to meeting the conditions established by the commission during their review process.

Amendment to Allow Hotels as a Principal Permitted Use in P-1 Zone

11:00

The council considered ZOTA 2017-7, a zoning ordinance text amendment to allow hotels as a principal permitted use in the Professional Office (P-1) zone.

Nick Nicholas presented the amendment during the meeting discussion. The proposed change would expand the permitted uses within the P-1 zoning district to include hotel development as a primary use, rather than requiring special approval or conditional use permits.

The amendment was approved by the council, allowing hotels to be developed by right in areas zoned P-1 Professional Office. This change provides additional flexibility for property development in professional office districts and could encourage hospitality development in these areas.

The approval of ZOTA 2017-7 represents a modification to the city's zoning code that broadens the range of commercial uses permitted in professional office zones.

TIF Report for University of Kentucky Coldstream Research Campus Mixed-Use Project

13:00

The meeting reviewed a Tax Increment Financing (TIF) report for the University of Kentucky Coldstream Research Campus Mixed-Use Project. Nick Nicholas presented the report to the board for consideration.

The TIF report underwent evaluation to determine its compliance with the comprehensive plan requirements. Following the review process, the report was found to be in full compliance with the established comprehensive plan guidelines.

No significant concerns or objections were raised during the presentation or subsequent discussion of the TIF report. The straightforward nature of the review suggests the project documentation met all necessary criteria and requirements.

The board approved the TIF report for the University of Kentucky Coldstream Research Campus Mixed-Use Project, allowing the project to move forward in the development process. This approval indicates that the mixed-use development at the Coldstream Research Campus aligns with the community's long-term planning objectives and meets the standards established for tax increment financing eligibility.

Public Facility Review for New Elementary School

15:00

The meeting included a presentation on a public facility review for a proposed new elementary school to be located on a portion of 260 Richardson Place. Bill Wallace served as the key speaker for this agenda item.

The review examined whether the proposed elementary school project complies with the jurisdiction's comprehensive plan requirements. Wallace presented the findings of the facility review process, which evaluated the proposed school's alignment with existing planning documents and zoning regulations.

Following the presentation and review of the project details, the public facility review was found to be in compliance with the comprehensive plan. The review process confirmed that the new elementary school at the Richardson Place location meets the necessary planning and regulatory standards.

The agenda item was approved, allowing the elementary school project to move forward in the development process. No significant concerns or objections were noted during the discussion of this public facility review.

Rural Land Management Plan

17:00

The Rural Land Management Plan was presented to the meeting as an amendment to the 2013 Comprehensive Plan. Chris Woodall served as the key speaker for this agenda item.

The plan was presented for adoption as part of the municipality's comprehensive planning process. The Rural Land Management Plan represents an update and amendment to the existing 2013 Comprehensive Plan, addressing land use policies and management strategies for rural areas within the jurisdiction.

Following the presentation, the Rural Land Management Plan was approved and adopted as an amendment to the 2013 Comprehensive Plan. The approval incorporates the rural land management policies and guidelines into the municipality's official comprehensive planning framework.

The meeting materials do not provide additional details about specific provisions within the plan, public comments received, or any concerns raised during the discussion of this item.

Decisions

  • Motion — passed (8-0): Approval of the minutes of the October 26, 2017 meeting
  • PLN-MAR-17-00039 — postponed (10-0): Postponement of Anderson Luradane, LLC Zoning Map Amendment & Sullivan Park & Devereux Subdivision Zoning Development Plan
  • ZOTA 2017-6 — postponed (10-0): Postponement of Amendment to Allow Off-Site Airport Parking as a Conditional Use in the Agricultural Rural (A-R) Zone
  • PLN-MAR-17-00038 — passed (10-0): Approval of Willstone, LLC Zoning Map Amendment from R-1C to B-1
  • Motion — passed (6-4): Approval of variance for Willstone, LLC to reduce side yard setback
  • PLN-MJDP-17-00104 — passed (10-0): Approval of Bella Vista Subdivision, Lot 6 Development Plan
  • ZOTA 2017-7 — passed (10-0): Approval of Amendment to Allow Hotels as a Principal Permitted Use in P-1 Zone
  • Motion — passed (10-0): Approval of TIF Report for University of Kentucky Coldstream Research Campus Mixed-Use Project
  • Motion — passed (10-0): Approval of Public Facility Review for New Elementary School at 260 Richardson Place
  • Motion — passed (10-0): Adoption of Rural Land Management Plan as an Amendment to the 2013 Comprehensive Plan