Planning Commission October 24 2019

Summary

Meeting Overview

The Urban County Planning Commission convened on October 24, 2019, at 1:30 PM in the Phoenix Building's 3rd Floor Conference Room at 101 E. Vine Street in Lexington, Kentucky, with Mike Owens presiding as chair. The Commission addressed five agenda items during the session, including the approval of previous meeting minutes and four zoning-related matters. The Commission took five votes throughout the meeting and heard four public comments from citizens regarding the various proposals under consideration.

Of the four substantive zoning matters considered, three were approved and one was postponed for future consideration. The approved items included the Ball Homes, Inc. Zoning Map Amendment, the Hamburg East (Belhurst) Zoning Development Plan, and the Urban County Planning Commission (Pensacola Park) Zoning Map Amendment. The Aptitude Development Zoning Map Amendment was postponed, allowing additional time for review or consideration of outstanding issues. The meeting demonstrated active public engagement with the planning process, as evidenced by the public comments received on the various development proposals before the Commission.

Attendance

The Commission meeting on October 24, 2019 had eight members present and three absent.

Present: • Mike Owens • Headley Bell • Anthony de Movellan • Larry Forester • Karen Mundy • Bruce Nicol • Frank Penn • Carolyn Plumlee

Absent: • Patrick Brewer • Graham Pohl • Bill Wilson

No members arrived late to the meeting.

Votes and Decisions

The Commission took action on five items during the October 24, 2019 meeting, with all motions passing unanimously.

Minutes Approval 0:02 Carolyn Plumlee motioned to approve the minutes from the September 26, 2019 meeting, seconded by Karen Mundy. The motion passed unanimously with 7 ayes and 0 nays. Voting in favor were Mike Owens, Headley Bell, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Frank Penn, and Carolyn Plumlee.

PLN-MAR-19-00013 Postponement 1:30 Larry Forester motioned to postpone the Aptitude Development Zoning Map Amendment & Lyndhurst Subdivision BLK D LOTS 2-7 (The Marshall Lexington) Zoning Development Plan, seconded by Karen Mundy. The postponement was approved unanimously with 7 ayes and 0 nays.

PLN-MAR-19-00010 Ball Homes Zoning Amendment 3:00 Larry Forester motioned to approve the Ball Homes, Inc. Zoning Map Amendment, seconded by Karen Mundy. The motion passed unanimously with 8 ayes and 0 nays.

PLN-MJDP-19-00036 Hamburg East Development Plan 3:30 Larry Forester motioned to approve the Hamburg East (Belhurst) Zoning Development Plan, seconded by Karen Mundy. The motion passed unanimously with 8 ayes and 0 nays, subject to 14 conditions provided by staff.

PLN-MAR-19-00015 Pensacola Park Zoning Amendment 5:00 Carolyn Plumlee motioned to approve the Urban County Planning Commission (Pensacola Park) Zoning Map Amendment, seconded by Karen Mundy. The motion passed unanimously with 8 ayes and 0 nays, with the exclusion of 1733, 1737, 1739, and 1915 Nicholasville Road from the amendment.

All eight commissioners present voted in favor of each approved item: Mike Owens, Headley Bell, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Frank Penn, and Carolyn Plumlee.

Public Comment

Four residents spoke during the public comment period, all expressing support for the H1 designation under consideration.

Candace Wallace 2:00 spoke first, offering strong support for the H1 designation. She highlighted the neighborhood's proactive efforts to educate residents about the proposal and their work to gather community support for the historic designation.

Kevin Catlick 2:30 identified himself as a new resident to the area and expressed his appreciation for the neighborhood's distinctive architecture. He voiced his support for the H1 designation, indicating that the historic character of the area was part of what attracted him to the neighborhood.

Carol Hulse 2:45 also spoke in favor of the H1 designation. She emphasized both the historical significance of the neighborhood and the strong sense of community spirit that exists among residents. Her comments reinforced the cultural and social value of preserving the area's character.

Merith Birmingham Gillespie 3:00 provided the final public comment, supporting the H1 designation while raising specific concerns about development pressures. She cited worries about incompatible new construction that could alter the neighborhood's character and stressed the importance of preserving affordable housing options in the area. Her comments highlighted the practical implications of the historic designation beyond aesthetic considerations.

All speakers demonstrated unified community support for the H1 designation, with comments focusing on architectural preservation, community character, and protection from inappropriate development. No opposition to the proposal was voiced during the public comment period.

Contested Items

The primary contested item at the October 24, 2019 Commission meeting was the proposed Pensacola Park Historic Overlay, which generated significant community debate with residents and property owners expressing both support and opposition.

The disagreement centered on the establishment of a historic overlay district for the Pensacola Park neighborhood. While some community members supported the overlay as a means to preserve the area's historic character, others opposed it due to concerns about potential restrictions on property modifications and development rights that would come with historic designation.

Several property owners specifically requested to be excluded from the proposed overlay boundaries, indicating they did not want their properties subject to the additional regulations and review processes that accompany historic district designation. This type of opposition is common with historic overlay proposals, as property owners often worry about limitations on renovations, additions, or other changes to their properties.

The community input included residents speaking both for and against the proposal during the public comment period, demonstrating the divisive nature of the issue within the neighborhood itself. Supporters likely viewed the overlay as protection against incompatible development, while opponents saw it as government overreach that could limit their property rights and potentially affect property values.

The specific outcome of this contested item and any Commission action taken is not detailed in the available information, but the significant community opposition and requests for exclusion suggest this was a complex issue requiring careful consideration of competing neighborhood interests and property rights concerns.

Approval of Minutes

0:02 The Commission reviewed the minutes from their September 26, 2019 meeting for approval. The discussion was brief, with Carolyn Plumlee and Karen Mundy serving as the key speakers during this agenda item.

The Commission members discussed the accuracy and completeness of the previously distributed meeting minutes. Following their review and discussion, the Commission voted to approve the minutes from the September 26, 2019 meeting without any noted corrections or amendments.

The minutes were successfully approved, allowing the Commission to proceed with the remainder of their October 24, 2019 meeting agenda.

Aptitude Development Zoning Map Amendment

1:30

The Commission discussed agenda item PLN-MAR-19-00013, the Aptitude Development Zoning Map Amendment, during the October 24, 2019 meeting. The item was presented as a discussion item rather than proceeding to a formal vote.

Key speakers during this discussion included Larry Forester and Karen Mundy, who addressed the Commission regarding the proposed zoning map amendment. The primary focus of the discussion centered on the need for additional community engagement before moving forward with the amendment process.

The Commission determined that further neighborhood discussions were necessary before the item could advance. This decision reflected the importance of ensuring adequate public input and community involvement in zoning decisions that could impact local neighborhoods.

As a result of these considerations, the Commission voted to postpone the Aptitude Development Zoning Map Amendment. This postponement will allow time for additional outreach and dialogue with affected neighborhood stakeholders before the item returns to the Commission for further consideration.

The postponement demonstrates the Commission's commitment to thorough public engagement in the zoning amendment process, ensuring that community concerns and input are properly incorporated before making decisions that could affect local development patterns and neighborhood character.

Ball Homes, Inc. Zoning Map Amendment

3:00 The Commission reviewed agenda item PLN-MAR-19-00010, a zoning map amendment request from Ball Homes, Inc. The proposal sought to change the zoning designation from Agricultural Rural to Expansion Area Residential.

Larry Forester and Karen Mundy served as key speakers during the discussion of this zoning change request. The amendment would allow Ball Homes, Inc. to develop residential properties in an area previously designated for agricultural use.

The Commission discussed the merits of converting the agricultural land to residential zoning as part of the community's expansion planning. The Expansion Area Residential designation would permit higher-density residential development compared to the existing Agricultural Rural zoning classification.

Following their review and discussion of the proposal, the Commission voted to approve the zoning map amendment for Ball Homes, Inc. The approval allows the property to move forward with residential development plans under the new Expansion Area Residential zoning designation.

Hamburg East (Belhurst) Zoning Development Plan

3:30

The Commission reviewed and discussed agenda item PLN-MJDP-19-00036, the Hamburg East (Belhurst) Zoning Development Plan. Key speakers during the discussion included Larry Forester and Karen Mundy, who presented details and addressed questions regarding the proposed development.

The Commission engaged in discussion about various aspects of the zoning development plan for the Hamburg East area, also known as Belhurst. The presentation covered the scope and specifications of the proposed development, though specific details of the concerns raised or debated points were not captured in the available materials.

Following the discussion and review of the proposal, the Commission voted to approve the Hamburg East (Belhurst) Zoning Development Plan. However, the approval came with conditions attached - specifically, the plan was approved subject to 14 conditions that must be met by the developer.

The specific nature of these 14 conditions was not detailed in the available summary materials, but their inclusion indicates the Commission had specific requirements or modifications they wanted incorporated into the final development plan before implementation could proceed.

This approval represents a significant step forward for the Hamburg East development project, allowing it to move to the next phase of the planning and development process, contingent upon satisfying the stipulated conditions.

Urban County Planning Commission (Pensacola Park) Zoning Map Amendment

5:00

The Commission reviewed agenda item PLN-MAR-19-00015, a zoning map amendment proposal for the Pensacola Park area to establish a historic district overlay.

Key speakers during the discussion included Carolyn Plumlee and Karen Mundy, who presented details about the proposed zoning changes and their implications for the neighborhood.

The amendment sought to create a historic district overlay for the Pensacola Park area, which would provide additional protections and guidelines for properties within the designated boundaries. The proposal included certain exclusions from the overlay district, though specific details about which properties or areas would be excluded were discussed during the presentation.

The Commission evaluated the merits of establishing the historic district designation, considering factors such as the historical significance of the area, the impact on property owners, and alignment with broader planning objectives for the community.

Following discussion and consideration of the proposal, the Commission approved the zoning map amendment for Pensacola Park. This approval establishes the historic district overlay as requested, with the specified exclusions intact.

The approved amendment will now move forward in the regulatory process, bringing formal historic district protections to the Pensacola Park neighborhood while respecting the exclusions outlined in the proposal.