Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 28, 2018, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Chairman Wilson presided over the meeting, which addressed seven agenda items involving zoning map amendments and development plans. The Commission took 13 votes during the session and heard 3 public comments.

Of the seven zoning matters presented, six were approved and one was postponed. The approved items included zoning map amendments and development plans for Winchester 836, LLC (Arlington Weekly Payment Lot & Investment Company's Addition); Song M. Kim & Su Ok Kim (Schroyer Property); Dr. Michael Gentry (Cadentown Subdivision); Ball Homes, Inc. (Peninsula Portion); North Lexington Holdings 2, LLC (Avondale Subdivision Block B); and Allison Dixon Brumfield & Brian Brumfield (ND1 Restriction Modification). The Commission postponed action on the Mash Enterprises, LLC zoning map amendment and Elkhorn Park, Block 8 development plan.

Attendance

The following individuals were present at the meeting on June 28, 2018:

Karen Mundy, Frank Penn, Carolyn Plumlee, Mike Cravens, Larry Forester, Carolyn Richardson, Bill Wilson, Traci Wade, Tom Martin, Aliza Tourkow, Hal Baillie, Jim Marx, Barb Rackers, Debbie Woods, Tracy Jones, Vaughan Adkins, Casey Kaucher, Greg Lengal, Joshua Thiel, Reva Russell English, Andrew Russell English, Jerry Price, Dick Murphy, Matt Carter, Chris Howard, Chas Height, Allison Dixon Brumfield, Brian Brumfield, Anderson Rogers, Dawn Forre, Dan Forre, Larry Gillespie, Nick Nicholson, Missy Rogers, Chris Bowen, Mr. and Mrs. Forrey, Mr. and Mrs. Brumfield, Mr. Halfley, and Mr. Duncan.

No absences or late arrivals were recorded.

Votes and Decisions

The Planning Commission held 13 votes on June 28, 2018, all of which passed unanimously with 7 ayes, 0 nays, and 0 abstentions. All votes were conducted by roll call, with the following members voting in favor of each motion: Karen Mundy, Frank Penn, Carolyn Plumlee, Mike Cravens, Larry Forester, Carolyn Richardson, and Bill Wilson.

Zone Changes and Development Plans

The Commission approved a zone change from P1 to B1 for Song M. Kim and Soo Auk Kim at 3601 Palomar Centre Drive (PLN-MAR-18-00007), with a motion by Mr. Berkley and second by Mr. Brewer 52:41. The associated development plan for the Schroyer Property at the same location (PLN-MJDP-18-00046) was also approved 53:11. Both approvals included conditions regarding pedestrian access, dumpster location, lighting, access easements, building use, and removal of "Proposed" from the building.

A zone change from R1D to B4 for Dr. Michael Gentry at 2853 Liberty Road (PLN-MAR-18-00008) was approved on motion by Ms. Richardson and second by Ms. Mundy 1:06:24. The corresponding development plan for Cadentown Subdivision (PLN-MJDP-18-00044) was approved 1:07:08, with conditions including Urban Forester approval, fire and water control approvals, waste management approval, and asbestos remediation.

Additional Approvals

The Commission approved removal of conditional zoning restrictions for Ball Homes, Inc. at 478 Squires Road (PLN-MAR-18-00010) on motion by Mr. Cravens and second by Ms. Mundy 1:31:56, and the preliminary development plan for the Peninsula portion (PLN-MJDP-18-45) 1:33:04.

A zone change from R1C to R3 for North Lexington Holdings 2, LLC at 912–918 North Limestone (PLN-MAR-18-11) was approved on motion by Mr. Owens and second by Mr. Cravens 1:57:31, along with a parking variance reducing spaces from 15 to 10 1:59:03 and the preliminary development plan for Avondale Subdivision Block B (PLN-MJDP-18-48) 2:00:11.

A zone change from B1 to R4 for Winchester 836, LLC at 1104, 1106, 1186, 1190–1194 North Limestone (PLN-MAR-17-00041) was approved on motion by Mr. Penn and second by Ms. Mundy 2:56:05, along with the development plan (PLN-MJDP-17-00121) 2:56:37 and a parking and front yard variance (PLN-MAR-17-00041) 2:57:45.

Finally, the Commission approved a modification to ND1 restriction for Allison Dixon Brumfield and Brian Brumfield at 640 Cooper Drive (PLN-MAR-18-12) on motion by Mr. Owens and second by Mr. Berkley 3:41:57.

Public Comment

Three members of the public provided comments during the meeting.

Reva Russell English 2:32:55 spoke in support of the development while urging the implementation of a 20-year deed restriction to ensure long-term affordability. She expressed concerns about neighborhood displacement and emphasized the importance of protecting low-income residents.

Andrew Russell English 2:37:48 followed with comments supporting his wife's position. He stressed the need for long-term affordability protections and highlighted the importance of safeguarding vulnerable residents in the neighborhood.

Jerry Price 3:26:56 opposed the proposed height increase, arguing that it would undermine the intent of the ND1 overlay district. He expressed concern that approving the height increase would set a precedent that could erode neighborhood character.

Appointments

The following changes to the Urban County Planning Commission were noted:

• Mike Cravens resigned from the Urban County Planning Commission
• Carolyn Richardson resigned from the Urban County Planning Commission

Contested Items

Affordable Housing Affordability and Deed Restrictions

Residents raised concerns about whether the proposed development would genuinely serve low-income residents. The contentious discussion centered on long-term affordability protections. Residents urged that a 20-year deed restriction be implemented to ensure the housing would remain affordable over an extended period and not convert to market-rate housing prematurely.

ND1 Overlay Height Increase

A neighbor opposed a proposed height increase within the ND1 overlay district. The opponent argued that the height increase would undermine the original intent of the ND1 overlay zoning and expressed concern that approving it would set a problematic precedent for future height increase requests in the same district.

Mash Enterprises Auto Lot Zoning Violation

Neighbors and business owners opposed a postponement decision regarding Mash Enterprises' auto lot operations. The opposition was based on ongoing zoning violations at the site and associated traffic issues that the community wanted addressed rather than delayed.

Winchester 836, LLC Zoning Map Amendment & Arlington Weekly Payment Lot & Investment Company's Addition Zoning Development Plan

The applicant requested a zone change from B1 to R4 and a variance to reduce parking and front yard setbacks for this development project. 2:01:48

Staff and Committee Recommendation

Staff and the committee recommended approval of the zoning map amendment and development plan. The recommendation was based on alignment with the Comprehensive Plan, the Central Sector Small Area Plan, and the city's affordable housing goals.

Key Speakers and Discussion

The following individuals participated in the discussion: Tracy Wade, Tom Martin, Matt Carter, Reva Russell English, and Andrew Russell English.

Public Comments

Public comments focused on two primary concerns: affordability of the resulting housing units and the long-term deed restrictions that would govern the property. Speakers raised questions about how affordability would be maintained and what protections would be in place for future residents.

Outcome

The zoning map amendment and development plan were approved.

Song M. Kim & Su Ok Kim Zoning Map Amendment & Schroyer Property Zoning Development Plan

34:49

The applicant requested a zoning map amendment to change the property from P1 to B1 zoning classification to permit retail and restaurant uses.

Presentation and Recommendation

Staff and the planning committee recommended approval of the zoning change. The recommendation was based on the surrounding area's existing B1 zoning and documented economic changes in the neighborhood that supported the proposed zone change.

Development Plan Conditions

The development plan included specific conditions addressing three key areas:

• Access requirements
• Parking provisions
• Lighting standards

Key Speakers

The discussion involved Tracy Wade, Hal Bailey, and Dick Murphy.

Outcome

The zoning map amendment and development plan were approved.

Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan

54:11

The applicant requested a zoning map amendment to change the property classification from R1D to B4 zoning. The proposed change was intended to integrate the property with an adjacent animal hospital.

Staff and Committee Recommendation

Staff and the planning committee recommended approval of the zoning amendment. The recommendation was based on findings that the current R1D zoning was isolated and incompatible with the surrounding area and the proposed use. Conditional zoning restrictions were recommended as part of the approval to ensure appropriate development standards.

Key Speakers

The discussion involved: - Tracy Wade - Tom Martin - Dick Murphy

Outcome

The zoning map amendment was approved.

Mash Enterprises, LLC Zoning Map Amendment & Elkhorn Park, Block 8 (Portion of)

7:01

This agenda item addressed a zoning map amendment and development plan for the W.P. Little Property in Elkhorn Park, Block 8. Mash Enterprises, LLC requested removal of a conditional zoning restriction that would allow auto sales use on the property.

Key Speakers and Positions

The following individuals participated in the discussion: Tracy Wade, Nick Nicholson, Dick Murphy, Missy Rogers, Chris Bowen, Dan Forre, and Larry Gillespie.

Staff and Committee Recommendation

Both staff and the planning committee recommended disapproval of the zoning amendment request. The primary basis for this recommendation was that the applicant had not demonstrated sufficient economic, physical, or social change to justify removal of the conditional zoning restriction.

Development Plan Status

The associated development plan was postponed due to unresolved issues that required further attention before the item could move forward.

Outcome

The agenda item was postponed, allowing time for the applicant to address the concerns raised regarding the lack of demonstrated change and to resolve outstanding issues with the development plan.

Ball Homes, Inc. Zoning Map Amendment & Peninsula (Portion of) (AMD) Zoning Development Plan

1:07:53

Ball Homes, Inc. requested removal of conditional zoning restrictions to permit single-family home development on the property. The applicant's proposal aimed to change the zoning designation for a portion of the Peninsula area.

Key Speakers and Presentation

Tracy Wade, Tom Martin, and Nick Nicholson were the primary speakers during discussion of this agenda item.

Staff and Committee Recommendation

Staff and the committee recommended approval of the zoning map amendment. The recommendation was based on two significant factors:

• Cancellation of a school project that had previously influenced zoning conditions
• Changed traffic impact assessment resulting from the school's cancellation

Conditions of Approval

The approval included specific conditions the applicant must satisfy:

• Asbestos remediation
• Cemetery management

Outcome

The zoning map amendment was approved, allowing Ball Homes, Inc. to proceed with single-family home development on the property without the previously imposed conditional zoning restrictions.

North Lexington Holdings 2, LLC Zoning Map Amendment & Avondale Subdivision (Block B) Zoning Development Plan

1:38:57

The applicant requested a zone change from R1C to R3 for the North Lexington Holdings 2, LLC project, along with a parking variance for the Avondale Subdivision (Block B) Zoning Development Plan.

Key Speakers and Presentations

Tracy Wade, Tom Martin, and Nick Nicholson participated in the discussion of this agenda item.

Staff and Committee Recommendation

Staff and the committee recommended approval of the zoning map amendment and development plan. The recommendation was based on two primary factors:

• The project's eligibility for a stormwater grant
• Alignment with the Central Sector Small Area Plan

Public Comments

Members of the public raised concerns during the comment period, focusing on:

• Walkability in the proposed development
• Green space provisions

Outcome

The zoning map amendment and Avondale Subdivision (Block B) Zoning Development Plan were approved.

Allison Dixon Brumfield & Brian Brumfield Zoning Map Amendment (ND1 Restriction Modification)

2:58:57

The applicants, Allison Dixon Brumfield and Brian Brumfield, requested a zoning map amendment to modify the ND1 restriction on their property. The primary request was for a height increase from 30 feet to 33.5 feet to meet modern building codes.

Key Speakers and Presentation

Tracy Wade, Dick Murphy, and Jerry Price were the key speakers on this agenda item. Staff and the committee reviewed the proposal and recommended approval of the amendment.

Rationale for Approval

The recommendation for approval was based on two primary findings:

• The proposed height increase would allow the applicants to meet modern building code requirements
• The design was noted as architecturally compatible with the surrounding area

Outcome

The zoning map amendment was approved. No significant neighborhood opposition or concerns were documented as part of the approval process.