Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on October 25, 2018, 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. The commission addressed five agenda items during the session, including the approval of meeting minutes, multiple zoning map amendments, and two appeals from property developers. The commission took five votes throughout the meeting and heard from three members of the public during the comment period. Of the substantive matters considered, the commission approved two items, denied one appeal, and tabled one zoning amendment for future consideration.

Attendance

The following members were present at the October 25, 2018 meeting:

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

Absent: • Patrick Brewer

No members arrived late to the meeting.

Votes and Decisions

The commission took action on five items during the October 25, 2018 meeting, with all votes passing unanimously.

Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from the September 27, 2018 and October 11, 2018 meetings, seconded by Karen Mundy. The motion passed unanimously with 8 ayes and 0 nays.

PLN-MAR-18-00015 Postponement 4:00 Mike Owens motioned to postpone the Justice Plaza, LLC Zoning Map Amendment & Man O' War Development, Unit 2A, Lot 10 (AMD) Zoning Development Plan, seconded by Headley Bell. The postponement was approved unanimously with 8 ayes and 0 nays. The item was postponed until November 29, 2018.

PLN-MAR-18-00020 Zoning Amendment 45:00 Frank Penn motioned to approve the Urban County Planning Commission Zoning Map Amendment for the Chevy Chase neighborhood, seconded by Larry Forester. The motion passed unanimously with 9 ayes and 0 nays.

BOAR 2018-1 Appeal Decision 1:15:00 Mike Owens motioned to uphold the BOAR decision on the appeal by Fred Khayat regarding a Certificate of Appropriateness, seconded by Carolyn Plumlee. The motion passed unanimously with 9 ayes and 0 nays.

BOAR 2018-2 Appeal Decision 3:30:00 Frank Penn motioned to uphold the BOAR decision on the appeal by The Residences at South Hill, LLC regarding a Certificate of Appropriateness, seconded by Mike Owens. The motion passed unanimously with 9 ayes and 0 nays, subject to revised conditions and findings.

All voting members present participated in each vote: Bill Wilson, Headley Bell, Will Berkley, Larry Forester, Karen Mundy, Bruce Nicol, Mike Owens, Frank Penn, and Carolyn Plumlee.

Public Comment

Three members of the public addressed the board during the meeting to discuss various zoning and development matters.

David Smith spoke in support of the Chevy Chase ND-1 Overlay zone change 50:00. Smith expressed his backing for the proposed overlay, stating that it was always the original intent to include the properties currently listed in the zone change proposal.

Fred Khayat addressed the board regarding his vinyl windows appeal 1:10:00. Khayat explained that he had replaced windows in his property to match the existing vinyl windows that were already installed. He told the board that he was not aware of the H-1 Overlay restrictions that applied to his property when he made the window replacements.

Jennifer Kaufman provided comments on the South Hill Neighborhood Agreement 4:00:00. Kaufman discussed the neighborhood's collaborative agreement with the applicant regarding the proposed findings and specific conditions related to demolition activities. She outlined how the neighborhood had worked with the applicant to reach consensus on the terms.

The public comments covered a range of topics including zoning overlays, historic district regulations, and neighborhood development agreements. Each speaker provided specific context about their situations and expressed their positions on the matters before the board.

Contested Items

The primary contested item at this meeting was the proposed demolition of the Commonwealth Building at 120 West High Street. This issue generated significant community opposition and extensive discussion regarding the building's historical significance.

The controversy centered on whether the historic Commonwealth Building should be demolished as part of a development project. Community members and preservationists opposed the demolition, arguing for the building's historical importance and value to the local community. The discussion highlighted tensions between development interests and historic preservation efforts.

The debate involved multiple stakeholders, including community members who spoke against the demolition, city officials, and presumably representatives of the development project. The opposition emphasized the Commonwealth Building's role in the area's history and questioned whether demolition was necessary or appropriate given the structure's significance.

Based on the available information, this item required substantial discussion during the meeting as officials weighed community concerns against development plans. The contentious nature of the issue suggests it was not easily resolved and likely required careful consideration of both preservation interests and development objectives.

*Note: Specific transcript timestamps and detailed outcomes are not available in the provided meeting data.*

Approval of Minutes

0:30

The board reviewed and approved minutes from two previous meetings during this agenda item. The minutes under consideration were from the September 27, 2018 meeting and the October 11, 2018 meeting.

Key speakers during this discussion included: • Bill Wilson • Carolyn Plumlee • Karen Mundy

The approval process proceeded without any recorded concerns or debate regarding the accuracy or content of either set of minutes. Both sets of meeting minutes were approved unanimously by the board members present.

This routine administrative item allows the board to formally adopt the official record of proceedings from their previous meetings, ensuring accurate documentation of decisions and discussions for public record and future reference.

Justice Plaza, LLC Zoning Map Amendment

4:00

The Planning Commission considered petition PLN-MAR-18-00015, a zoning map amendment request from Justice Plaza, LLC. The petition sought to rezone property from an Interchange Service Business (B-5P) zone to a Neighborhood Business (B-1) zone.

Brandon Gross served as a key speaker during the discussion of this agenda item.

The commission ultimately decided to postpone consideration of the zoning map amendment, tabling the petition rather than taking final action. No additional details about the specific reasons for the postponement or the timeline for future consideration were provided in the available materials.

The outcome leaves the current B-5P zoning designation in place pending future review of the amendment request.

Urban County Planning Commission Zoning Map Amendment

The Urban County Planning Commission considered a zoning map amendment (PLN-MAR-18-00020) to expand a Neighborhood Design Character Overlay (ND-1) zone for the Chevy Chase neighborhood 45:00.

The proposal involved extending the existing ND-1 overlay district to cover additional properties within the Chevy Chase area. The ND-1 overlay is designed to preserve neighborhood character through specific design standards and development guidelines.

Key speakers during the discussion included Mr. Baillie and David Smith, who presented details about the proposed zone expansion and its implications for the affected properties.

The commission ultimately approved the zoning map amendment, allowing the Neighborhood Design Character Overlay to be extended as requested. This approval means the additional properties in the Chevy Chase neighborhood will now be subject to the ND-1 overlay's design standards and development requirements, which are intended to maintain the area's established character and aesthetic qualities.

The amendment represents an effort to ensure consistent design standards across a broader portion of the Chevy Chase neighborhood while providing property owners with clear guidelines for future development and renovation projects within the overlay district.

Fred Khayat Appeal

1:15:00

The Board of Architectural Review considered appeal BOAR 2018-1, submitted by Fred Khayat seeking to modify a condition of a previously approved Certificate of Appropriateness.

Mr. Baillie presented the case to the board, outlining the details of Khayat's request to alter the conditions that had been attached to his original certificate approval. Fred Khayat also addressed the board directly regarding his appeal.

Following the presentation and discussion of the appeal, the Board of Architectural Review voted to deny Khayat's request to modify the Certificate of Appropriateness condition. The original conditions approved by the board will remain in effect.

The specific details of the original certificate, the conditions in question, and the reasoning behind the board's denial were not provided in the available meeting materials.

The Residences at South Hill, LLC Appeal

3:30:00

The Board considered appeal BOAR 2018-2 from The Residences at South Hill, LLC, seeking to modify three conditions from a previously approved Certificate of Appropriateness.

Key speakers during the discussion included Mr. Baillie and Jennifer Kaufman, who presented the case for modifying the existing Certificate of Appropriateness conditions that had been established by the Board of Architectural Review.

The appeal focused on revising specific requirements that had been attached to the original approval, though the exact nature of the three conditions under review was not detailed in the available materials. The applicant sought relief from or modification of these conditions to better accommodate their development plans.

Following deliberation, the Board voted to uphold the appeal with revised conditions. This outcome indicates that while the Board agreed with the applicant's request to modify the original Certificate of Appropriateness conditions, they established new parameters rather than simply removing the requirements entirely.

The approval with revised conditions represents a compromise approach, allowing the project to move forward while maintaining appropriate oversight and standards for the development. The specific details of the new conditions were not provided in the summary materials, but the decision allows The Residences at South Hill, LLC to proceed with their project under the modified requirements established by the Board.