Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on February 27, 2020, 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 Mike Owens presiding as the presiding officer. The commission addressed five agenda items during the session, taking a total of six votes on various development proposals and zoning matters throughout the afternoon. The meeting saw mixed outcomes for the development projects under consideration, with two items being postponed for future review, two receiving approval, and one application being denied by the commission. No public comments were heard during this particular meeting session.

Attendance

The following members were present at the February 27, 2020 meeting:

• Mike Owens
• Headley Bell
• Patrick Brewer
• Anthony de Movellan
• Larry Forester
• Karen Mundy
• Graham Pohl
• Carolyn Plumlee
• Bill Wilson

Absent: • Bruce Nicol • Frank Penn

No members arrived late to the meeting. Nine members were present and two were absent.

Votes and Decisions

The commission took action on six items during the February 27, 2020 meeting, with four postponements and approvals alongside two failed disapproval motions.

Postponements

The commission unanimously postponed two development projects. PLN-MJDP-19-00077, the Winburn Estates Unit 3 (Hutson-Sirk Property), was postponed on a motion by Bill Wilson, seconded by Carolyn Plumlee, with all 8 members voting in favor 0:05. PLN-MAR-20-00001, the Schilling Properties Zoning Map Amendment & Morningside Addition, was also postponed unanimously on a motion by Carolyn Plumlee, seconded by Larry Forester 0:10.

Approvals

Two items received approval. PLN-MJDP-18-00030, the Ethington & Ethington Property Tract 1 (AMD) Development Plan, passed unanimously 9-0 on a motion by Carolyn Plumlee, seconded by Bill Wilson, with approval subject to revised conditions 1:15. PFR 2020-1, the Fire Station No. 9 Addition Public Facility Review, also passed unanimously 9-0 on a motion by Bill Wilson, with approval including recommendations for landscaping and sidewalks 3:30.

Failed Disapprovals

Two disapproval motions failed by identical 5-4 votes. The motion to disapprove a waiver request for the Ethington & Ethington Property (PLN-MJDP-18-00030) failed, with Mike Owens, Headley Bell, Patrick Brewer, Anthony de Movellan, and Larry Forester voting for disapproval, while Karen Mundy, Graham Pohl, Carolyn Plumlee, and Bill Wilson voted against the disapproval motion 1:30. Similarly, Graham Pohl's motion to disapprove the Julie Butcher Zoning Map Amendment & Edgemore Subdivision Lot 3 (PLN-MAR-19-00016), seconded by Patrick Brewer, failed with the same 5-4 vote split 2:45.

All votes were conducted by roll call, with voting members including Mike Owens, Headley Bell, Patrick Brewer, Anthony de Movellan, Larry Forester, Karen Mundy, Graham Pohl, Carolyn Plumlee, and Bill Wilson.

Contested Items

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

Julie Butcher Zoning Map Amendment & Edgemore Subdivision, Lot 3

The Planning Commission reconsidered a zoning map amendment request related to Julie Butcher's property in the Edgemore Subdivision, specifically Lot 3. During deliberations, commissioners expressed concerns about neighborhood preservation, which became the central point of disagreement.

The commission ultimately voted for disapproval of the zoning map amendment, indicating that the proposal did not receive unanimous support and generated debate among members. The split vote suggests that while some commissioners may have supported the amendment, the majority sided with concerns about maintaining the character and integrity of the existing neighborhood.

The specific nature of the zoning change request and the detailed arguments presented by both supporters and opponents were not specified in the available information, but the outcome demonstrates the commission's prioritization of neighborhood preservation over the proposed development changes.

*Note: Specific transcript timestamps are not available for this contested item.*

Winburn Estates, Unit 3 (Hutson-Sirk Property)

0:05

The Planning Commission considered agenda item PLN-MJDP-19-00077 regarding Winburn Estates, Unit 3, also known as the Hutson-Sirk Property. Fred Eastridge served as a key speaker for this item.

The commission ultimately decided to postpone consideration of this development proposal due to unresolved questions regarding access to Russell Cave Road. The specific nature of the access concerns was not detailed in the available materials, but these issues were significant enough to prevent the commission from moving forward with their review at this meeting.

The postponement indicates that additional information or clarification will be needed before the Planning Commission can make a determination on this development project. The item will likely return to a future commission meeting once the access-related questions have been addressed.

Schilling Properties Zoning Map Amendment & Morningside Addition

0:10

The Planning Commission addressed agenda item PLN-MAR-20-00001, a zoning map amendment and subdivision proposal for Schilling Properties' Morningside Addition project. However, the item did not proceed as scheduled.

Hal Baillie spoke regarding the application, explaining that the applicant had requested a postponement due to illness. The Planning Commission agreed to accommodate this request without further discussion of the project's merits.

The Commission voted to postpone the Schilling Properties zoning map amendment and Morningside Addition item to a future meeting date. No substantive review of the proposal, public testimony, or debate on the zoning changes occurred during this meeting.

The postponement allows the applicant additional time to prepare their presentation and attend the hearing when they have recovered from their illness. The item will be rescheduled for consideration at a subsequent Planning Commission meeting.

Ethington & Ethington Property, Tract 1 (AMD)

1:15 The Planning Commission reviewed application PLN-MJDP-18-00030 for the Ethington & Ethington Property, Tract 1 amendment during the February 27, 2020 meeting.

Key speakers Tom Martin and Matt Carter presented the development plan to the commission. The discussion centered on two main components: the proposed development plan modifications and a requested waiver that was part of the application.

During deliberations, commissioners expressed concerns about the potential environmental impact of the proposed waiver, specifically regarding its effects on existing trees on the property. This environmental consideration became a significant factor in the commission's decision-making process.

The Planning Commission ultimately reached a split decision on the application. They approved the development plan itself, but with revised conditions that addressed concerns raised during the discussion. However, the commission disapproved the waiver request due to the potential negative impact it could have on trees located on the property.

The approval of the development plan with modified conditions suggests the commission found the overall project acceptable while ensuring additional safeguards were in place. The rejection of the waiver indicates the commission prioritized environmental protection, particularly tree preservation, over the applicant's request for regulatory flexibility.

This mixed outcome reflects the commission's approach of balancing development needs with environmental stewardship, approving the core development while maintaining protective measures for natural resources on the site.

Julie Butcher Zoning Map Amendment & Edgemore Subdivision, Lot 3

2:45

The Planning Commission reconsidered agenda item PLN-MAR-19-00016, the Julie Butcher Zoning Map Amendment & Edgemore Subdivision, Lot 3. Graham Pohl served as a key speaker during the discussion of this zoning matter.

The commission deliberated on the proposed zoning map amendment, with particular attention paid to how the change would impact the surrounding neighborhood. Commissioners expressed concerns about maintaining the character and integrity of the existing residential area.

After reviewing the proposal and considering the potential effects on neighborhood preservation, the Planning Commission voted to deny the zoning map amendment. The disapproval was based on the commission's determination that the proposed changes would not be compatible with the goal of preserving the established neighborhood character.

The denial represents the commission's decision to prioritize maintaining the current zoning designation rather than approving the requested amendment for Lot 3 of the Edgemore Subdivision.

Fire Station No. 9 Addition

3:30 The Planning Commission reviewed Public Facility Review PFR 2020-1 for an addition to Fire Station No. 9.

Cheryl Goff and Charlie Snyder served as key speakers during the discussion of this agenda item. The commission examined plans for expanding the existing fire station facility and evaluated the proposal according to public facility review standards.

During the review process, commissioners raised concerns about landscaping elements and sidewalk infrastructure associated with the proposed addition. The discussion focused on ensuring the expansion would meet municipal standards for public facilities while addressing site development requirements.

Following their deliberation, the Planning Commission approved PFR 2020-1 for the Fire Station No. 9 addition. However, the approval came with specific recommendations that the project incorporate enhanced landscaping features and appropriate sidewalk improvements as part of the development plan.

The commission's decision allows the fire station expansion project to move forward while ensuring compliance with planning standards and community infrastructure needs.