Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on May 23, 2019, 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 Chairman Wilson presiding. The commission addressed six agenda items during the session, taking seven votes on various planning and zoning matters. Six public comments were heard throughout the meeting.

The commission's work included reviewing major development plans, zoning text amendments, and compliance reports. Two items were postponed for further consideration: PLN-MJDP-19-00020 involving Webb Properties for Unit 1, Block A, Outlot 2 at Regency Point, and PLN-MAR-19-00003 submitted by Ball Homes, Inc. The remaining four items received approval, including PLN-MAR-19-00007 for Easley & Faust Properties, LLC, ZOTA 2019-1 which amended Articles 18 and 26 along with the Planting Manual, PLAN 2005-302F for Denton Farm Inc. Unit 3 Section A, and a TIF Report regarding compliance with the Comprehensive Plan.

Attendance

The following members were present at the May 23, 2019 meeting:

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

Absent: • Mr. Plumlee

No members arrived late to the meeting.

Votes and Decisions

The meeting included seven motions, with three items postponed and four approved through voice votes.

Postponements:

• PLN-MAR-19-00003 2:30: Frank Penn motioned to postpone the Ball Homes, Inc. zoning map amendment, seconded by Headley Bell. The item was postponed until June 13, 2019.

• PLN-MJDP-19-00020 6:45: Mike Owens motioned to postpone the Webb Properties development plan, seconded by Karen Mundy. The item was postponed until June 27, 2019.

• ZOTA 2019-2 9:30: The alternative regulation for zoning map amendment was postponed until June 27, 2019 through a voice vote.

Approvals:

• PLN-MAR-19-00007 120:00: Mike Owens motioned to approve the Easley & Faust Properties, LLC zoning map amendment. The motion passed by voice vote, subject to staff's recommendations and conditional restrictions.

• ZOTA 2019-1 180:00: The amendment to Article 18 and Article 26, and the planting manual was approved by voice vote.

• PLAN 2005-302F 210:00: The waiver for Denton Farm, Inc. Unit 3 Section A was approved by voice vote, subject to submission of a tree planting plan approved by the urban forester and planning division.

• TIF Compliance 240:00: The TIF compliance for Fountains at Palomar was approved by voice vote.

All votes were conducted by voice vote with no recorded individual vote tallies. The postponed items were rescheduled for specific future meeting dates, while approved items included various conditional requirements as specified by staff recommendations.

Public Comment

Six residents spoke during the public comment period, all expressing concerns about the proposed Easley & Faust Properties development and its potential impact on the Wellsley Heights neighborhood.

Paul Natov 90:00 opened the public comment session by addressing concerns about the development's potential impact on the Wellsley Heights neighborhood. He requested that specific conditions be implemented to protect the neighborhood from adverse effects of the proposed project.

True Baker 100:00 followed with concerns about the development's proximity to existing homes in the area. Baker specifically highlighted worries about how the project might negatively affect property values for current residents.

Debbie Miller 105:00 spoke about the development's close proximity to her own property and expressed concerns about how the project could impact her quality of life as a neighboring resident.

Jim Taylor 110:00 raised concerns about the planning process itself, stating that he felt left out of the development planning discussions. Taylor also voiced worries about the broader impact the project could have on the neighborhood.

Jesse Fanell 115:00 echoed previous speakers' concerns, focusing on potential negative effects on both property values and residents' quality of life in the surrounding area.

Carrie Trap 120:00 concluded the public comment period by addressing safety and traffic concerns related to the proposed development, highlighting potential transportation and pedestrian safety issues that could arise from the project.

All six speakers presented a unified voice of concern from the Wellsley Heights neighborhood regarding various aspects of the Easley & Faust Properties development, ranging from property value impacts to safety considerations and community planning processes.

Contested Items

The primary contested item during the May 23, 2019 meeting involved the Easley & Faust Properties development project, which faced significant community opposition from residents of the Wellsley Heights neighborhood.

Easley & Faust Properties Development

Residents of Wellsley Heights raised concerns about the proposed development's potential impact on their neighborhood. The opposition centered on two main issues: the anticipated effects the development would have on the local community and what residents characterized as insufficient early engagement during the planning process.

Community members expressed frustration that they had not been adequately consulted or informed about the development plans before the proposal reached the formal review stage. This lack of early community involvement became a focal point of resident complaints, with neighbors arguing they should have been brought into discussions earlier in the development process.

The residents' concerns encompassed the broader impact the Easley & Faust Properties development would have on the Wellsley Heights area, though the specific nature of these anticipated impacts was not detailed in the available meeting materials.

The community opposition represented a significant challenge to the development proposal, with Wellsley Heights residents presenting a unified voice of concern about both the project itself and the process by which it had been developed and presented to the community.

The outcome of this contested item and any specific actions taken by the governing body in response to the community opposition were not specified in the available meeting documentation.

PLN-MJDP-19-00020: Webb Properties, Unit 1, Blk A, Outlot 2 (Regency Point) (AMD)

6:45

The commission reviewed a development plan for Webb Properties involving Unit 1, Block A, Outlot 2 at Regency Point. This agenda item was designated as an AMD (Amendment) to an existing development proposal.

Key speakers during the discussion included: • Traci Wade • Chris Woodall

The discussion centered on the proposed development plan, with particular attention given to compliance issues with existing zoning ordinances. Commission members and staff raised concerns about whether the proposed development met current regulatory requirements.

Stormwater management emerged as a significant point of discussion during the review. The adequacy of the proposed stormwater infrastructure and its compliance with municipal standards was questioned by participants in the meeting.

Following the presentation and discussion of the development plan, the commission determined that additional information or revisions were needed before the proposal could move forward. The item was ultimately postponed, indicating that the applicant would need to address the identified concerns before the plan could receive approval.

The postponement suggests that while the development concept may have merit, technical or regulatory issues need to be resolved to ensure compliance with local development standards and zoning requirements. The applicant will likely need to submit revised plans or additional documentation addressing the concerns raised during this meeting before the item can be reconsidered by the commission.

PLN-MAR-19-00003: Ball Homes, Inc.

2:30

The commission considered agenda item V.B.1.a, a zoning map amendment request submitted by Ball Homes, Inc. under case number PLN-MAR-19-00003.

Nick Nicholson served as the key speaker for this agenda item, presenting information regarding the zoning map amendment proposal. However, the primary focus of the discussion centered on a request to postpone consideration of the matter rather than proceeding with substantive review of the zoning amendment details.

The commission ultimately decided to postpone the Ball Homes, Inc. zoning map amendment request. No detailed discussion of the specific zoning changes, property locations, or development plans was recorded during this brief consideration of the item.

The postponement allows Ball Homes, Inc. additional time to prepare their presentation or address any preliminary concerns before returning to the commission for full consideration of their zoning map amendment request at a future meeting.

PLN-MAR-19-00007: Easley & Faust Properties, LLC

120:00 The commission reviewed a zoning map amendment application submitted by Easley & Faust Properties, LLC under case number PLN-MAR-19-00007.

Key speakers during the discussion included Hal Blevins and Tom Martin, who presented details regarding the proposed zoning changes. The application involved modifications to the existing zoning designation for properties owned by Easley & Faust Properties.

A significant portion of the discussion centered on concerns raised by residents of the Wellsley Heights neighborhood. These community members expressed opposition or reservations about the proposed zoning amendment, though the specific nature of their concerns was not detailed in the available materials.

The commission deliberated on the merits of the application, weighing the developer's proposal against the neighborhood feedback. Staff likely provided analysis of how the proposed zoning changes would align with the city's comprehensive plan and zoning ordinances.

Following discussion and consideration of all input from speakers and community members, the commission voted to approve the zoning map amendment for Easley & Faust Properties, LLC. The approval allows the property owners to proceed with their development plans under the new zoning classification.

This agenda item demonstrates the typical process for zoning amendments, where property owners seek changes to existing zoning designations to accommodate new development proposals, while nearby residents have opportunities to voice their concerns during the public review process.

ZOTA 2019-1: Amendment to Article 18 and Article 26, and the Planting Manual

180:00

The meeting addressed agenda item V.C.1, a zoning ordinance text amendment (ZOTA 2019-1) proposing changes to Article 18 and Article 26 of the zoning ordinance, along with updates to the Planting Manual.

Hal Blevins served as the key speaker for this agenda item, presenting the proposed amendment. The discussion centered on updating the planting manual to reflect credit given for columnar variety trees. This amendment appears to address technical specifications within the city's landscaping and tree planting requirements.

The proposed changes would modify existing regulations governing planting standards and tree credit calculations, specifically recognizing columnar variety trees within the municipal planting guidelines. These amendments would affect how developers and property owners meet landscaping requirements under the zoning ordinance.

Following the presentation and discussion, the zoning ordinance text amendment was approved by the meeting body. The approval allows for the implementation of the updated planting manual provisions and the corresponding changes to Articles 18 and 26 of the zoning ordinance.

This amendment represents a technical update to existing municipal regulations, ensuring that the city's planting standards accurately reflect current horticultural practices and provide appropriate credit for different tree varieties in meeting landscaping requirements.

PLAN 2005-302F: Denton Farm, Inc. Unit 3 Section A

210:00

The board considered a waiver request for street trees in Denton Farm, Inc. Unit 3 Section A during this agenda item. Tom Martin served as the key speaker presenting information about the waiver.

The discussion centered on the developer's request to waive certain street tree requirements for this section of the Denton Farm development. While the specific details of the waiver request and the rationale behind it were not captured in the available materials, the item was categorized as a waiver discussion related to landscaping requirements.

The board ultimately approved the waiver request for PLAN 2005-302F: Denton Farm, Inc. Unit 3 Section A, allowing the development to proceed without meeting the standard street tree requirements that would typically apply to new residential subdivisions.

TIF Report – Statement of Compliance with Comprehensive Plan

240:00

The council reviewed agenda item VI.b regarding the TIF (Tax Increment Financing) application for the Fountains at Palomar Development Area and its compliance with the comprehensive plan. The presentation was led by key speakers Tracy Wade and Bruce Simpson.

The discussion centered on evaluating whether the proposed TIF district for the Fountains at Palomar Development Area met the requirements and aligned with the city's comprehensive plan guidelines. The speakers presented the compliance analysis, examining how the development project would fit within the established planning framework and TIF regulations.

During the presentation, Wade and Simpson outlined the specific aspects of the development that demonstrated compliance with comprehensive plan objectives. The analysis covered various planning elements to ensure the TIF application met all necessary criteria for approval.

The council engaged in discussion regarding the compliance statement, with speakers addressing any questions or clarifications needed about how the Fountains at Palomar Development Area aligned with comprehensive plan requirements.

Following the presentation and discussion, the council approved the TIF report and statement of compliance with the comprehensive plan. This approval indicates that the Fountains at Palomar Development Area TIF application successfully demonstrated adherence to the city's planning guidelines and met the necessary requirements for moving forward in the TIF process.

The approval of this agenda item represents a significant step in the development process for the Fountains at Palomar project, confirming that it meets the city's comprehensive planning standards and can proceed with TIF financing considerations.