Planning Commission Public Hearing - Zoning Items

Summary

Meeting Overview

The Urban County Planning Commission convened on June 26, 2008, at 1:33 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Randall Vaughn presiding as the presiding officer. The Commission addressed five main agenda items during the session, including the approval of minutes, postponements and withdrawals, land subdivision items, zoning items, and a Chevy Chase Neighborhood Zone Change Initiation Request. All five agenda items were approved by the Commission. The meeting included 11 motions and votes throughout the proceedings, with one public comment heard during the session.

Attendance

The Commission meeting on June 26, 2008 had nine members present and two absent.

Present: • Lyle Aten (arrived late) • Mike Cravens • Neill Day • Linda Godfrey (arrived late) • James Mahan • Frank Penn • Carolyn Richardson • Lynn Roche-Phillips • Randall Vaughn

Absent: • Ed Holmes • Joan Whitman

Late Arrivals: • Lyle Aten • Linda Godfrey

The meeting proceeded with a quorum of nine commissioners in attendance, representing the majority of the commission membership.

Votes and Decisions

The Planning Commission took action on eleven items during the June 26, 2008 meeting, with all motions passing unanimously by voice vote.

Administrative Items The Commission approved the minutes from the May 22, 2008 meeting on a motion by Frank Penn, seconded by James Mahan, with all seven present commissioners voting in favor 0:30. Later in the meeting, commissioners unanimously approved releasing and calling the bond on the 2429 (2417) Georgetown Road property on a motion by Frank Penn, seconded by Lyle Aten 15:00.

Postponements Four items were postponed indefinitely. MAR 2007-9 (Tates Creek Heights, LLC Zoning Map Amendment & Pinnacle, Lot 1 Development Plan) was postponed on a motion by James Mahan, seconded by Frank Penn 3:00. MAR 2007-20 (Fortune Offices, LLC amendment and Eastwood development plan) was postponed on a motion by Neill Day, seconded by James Mahan 6:00. MAR 2008-14 (Kevin Crouse Premier Villages amendment and Old School House Lane development plan) was postponed on a motion by Frank Penn, seconded by Carolyn Richardson 9:00. ZOTA 2007-8, an amendment to allow digital advertising signs, was postponed indefinitely on a motion by Neill Day, seconded by Carolyn Richardson 12:00.

Approvals The Commission approved several development projects. MARV 2008-7 (CMW, Inc. Zoning Map Amendment) passed with conditional zoning restrictions and a variance from 10 feet to 0 feet on a motion by Frank Penn 45:00. ZDP 2008-34 (Mark Acre Properties development plan) was approved with seven conditions 50:00. MAR 2008-19 (DJ Acquisition, LLC Zoning Map Amendment) passed with 12 prohibited uses and outdoor lighting restrictions on a motion by James Mahan 1:15:00. ZDP 2008-81 (Overbrook Land Company development plan) was approved with nine conditions and additional zoning restrictions 1:20:00.

Finally, the Commission voted to initiate an ND-1 overlay zone for the Chevy Chase neighborhood on a motion by James Mahan, seconded by Neill Day 1:40:00.

Public Comment

During the public comment period, one resident addressed the Commission regarding a proposed development project.

Elaine Spaliatsos spoke in opposition to a proposed drive-through coffee shop at the Tates Creek Heights site 3:30. Spaliatsos noted that her home directly faces the property in question and expressed concerns about the proposed development.

The public comment period was brief, with only one speaker addressing the Commission during this portion of the meeting.

Appointments

The Commission made one appointment during the June 26, 2008 meeting.

• Neill Day was appointed as Vice Chair of the Planning Commission

This appointment fills the Vice Chair position on the Planning Commission, providing leadership support to the Commission's operations and decision-making processes.

Contested Items

The Commission meeting on June 26, 2008, featured one contested item that drew community opposition.

Tates Creek Heights Drive-Through Coffee Shop

The proposed drive-through coffee shop in the Tates Creek Heights area faced opposition from at least one community member. Elaine Spaliatsos spoke against the proposal, expressing concerns about how the development would impact her property. The specific nature of the property impacts she cited was not detailed in the available meeting materials.

The outcome of this contested item and any Commission action taken was not specified in the provided meeting documentation.

Approval of Minutes

0:30 The Commission addressed the approval of minutes from their previous meeting held on May 22, 2008.

Frank Penn and James Mahan were the key speakers during this agenda item discussion. The commissioners reviewed the minutes from the May 22, 2008 meeting for accuracy and completeness.

Following their review and discussion, the Commission voted to approve the minutes from the May 22, 2008 meeting. No significant concerns or corrections were raised during the review process.

The minutes were officially approved as presented.

Postponements and Withdrawals

3:00

The Commission addressed several requests for postponements and withdrawals of pending zoning map amendments and development plans during this agenda item.

Dick Murphy and Rena Wiseman served as the key speakers presenting the various postponement and withdrawal requests to the Commission for consideration.

The Commission reviewed multiple cases where applicants had requested either to postpone their hearings to a future meeting date or to withdraw their applications entirely. These requests typically occur when applicants need additional time to address technical issues, respond to staff comments, or make revisions to their proposed developments.

The Commission approved the postponement and withdrawal requests as presented. This procedural item allows the Commission to efficiently manage its docket by removing cases that are not ready for hearing and rescheduling others to appropriate future meeting dates.

By approving these requests, the Commission ensured that only cases ready for full consideration would proceed to public hearing, helping to streamline the meeting process and make better use of both Commission and public time.

Land Subdivision Items

15:00

The Commission addressed Land Subdivision Items as agenda item 3, with Tom Martin serving as the key speaker for this discussion.

The primary focus of this agenda item centered on financial instruments related to land development projects, specifically performance bonds and letters of credit. These instruments are typically required to ensure that developers complete required infrastructure improvements and meet their obligations to the municipality.

The Commission reviewed and discussed a specific case involving a performance bond on Georgetown Road. Performance bonds serve as financial guarantees that developers will complete required improvements such as roads, utilities, and other infrastructure elements associated with their subdivision projects.

Following their discussion of the bond requirements and the status of the Georgetown Road project, the Commission took action to approve both the release and call of the bond. This dual action suggests that while one aspect of the bonded work may have been completed satisfactorily (warranting a release), another portion required the bond to be called upon to ensure completion or address deficiencies.

The Commission's approval of this bond action represents a routine but important aspect of municipal oversight of development projects, ensuring that public infrastructure standards are met and that the municipality's interests are protected throughout the development process.

The agenda item was resolved with the Commission's approval of the recommended actions regarding the Georgetown Road performance bond.

Zoning Items

45:00

The Commission reviewed multiple zoning map amendments and development plans during agenda item 4. Key speakers included Jimmy Emmons and Traci Wade, who presented the various zoning requests to the Commission.

The zoning items under consideration included applications from CMW, Inc. and DJ Acquisition, LLC, among other petitioners seeking map amendments and development approvals. The Commission examined each request individually, reviewing the proposed changes to zoning designations and associated development plans.

Staff presentations covered the technical aspects of each zoning amendment, including compatibility with surrounding land uses, compliance with the comprehensive plan, and adherence to zoning ordinance requirements. The Commission evaluated how each proposed amendment would impact the surrounding area and whether the requests met the criteria for approval.

Following their review and discussion of the zoning matters, the Commission approved the zoning map amendments and development plans that were presented. The approvals allow the applicants to proceed with their proposed developments under the newly designated zoning classifications.

The zoning items represented routine business for the Commission, involving the standard process of reviewing petitions for zoning changes and ensuring they align with the city's planning objectives and regulatory requirements.

Chevy Chase Neighborhood Zone Change Initiation Request

1:40:00

The Planning Commission considered a request to initiate a zone change process for the Chevy Chase neighborhood during agenda item 5. The proposal involved establishing an ND-1 (Neighborhood Development-1) overlay zone for the area.

Brad Hawkins served as a key speaker during the discussion, presenting information about the neighborhood's request for the zone change initiation. Neighborhood representatives made a presentation to the commission outlining their rationale for seeking the ND-1 overlay designation.

The ND-1 overlay zone is typically used to provide additional development standards and protections for established residential neighborhoods while maintaining compatibility with existing neighborhood character. The overlay would work in conjunction with the area's underlying zoning to provide enhanced regulatory controls.

Following the presentation and commission discussion, the Planning Commission approved the initiation of the zone change process for the Chevy Chase neighborhood. This approval allows staff to begin the formal zoning amendment process, which will include additional public hearings, technical analysis, and community input opportunities before any final zoning decisions are made.

The approval represents the first step in what will be a comprehensive review process to determine whether the ND-1 overlay zone is appropriate for the Chevy Chase neighborhood and meets the city's zoning criteria and comprehensive plan policies.