Urban County Planning Commission - Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 25, 2008, at 1:35 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Randall Vaughn presided over the meeting, which included 10 agenda items and resulted in 10 motions and votes. The Commission heard 2 public comments during the session.

Of the 10 items on the agenda, the Commission approved 5 proposals and postponed 5 zoning map amendments. The approved items included the Mitchell Property Development Plan, the Miller Bird Commercial Park Subdivision Development Plan, a zone change for the John P. Elias Property, a zone change for Town Properties Asset Management Company, and an ND-1 Overlay for Chevy Chase. The five postponed items were zoning map amendments for Tates Creek Heights, LLC; Southern Industrial, LLC; Multicon Development Company (two separate amendments); and Thomas & Corbett, LLC.

Attendance

Present: Patrick Brewer, Marie Copeland, Neill Day, Ed Holmes, Mike Owens, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, Joan Whitman, and Randall Vaughn.

Absent: Mike Cravens.

Late: Carolyn Richardson.

Votes and Decisions

The Commission voted on ten items during the September 25, 2008 meeting. All votes were conducted by voice vote with unanimous approval.

Postponements

The Commission indefinitely postponed MAR 2007-9, a zoning map amendment for Tates Creek Heights, LLC, with a 9-0 vote 1:31. The motion was made by Lynn Roche-Phillips and seconded by Frank Penn.

Four additional items were postponed for one month:

• MAR 2008-24, a zoning map amendment for Southern Industrial, LLC, passed 9-0 3:12. Frank Penn moved and Joan Whitman seconded.
• MARV 2008-25, a zoning map amendment for Multicon Development Company, passed 9-0 4:51. Mike Owens moved and Joan Whitman seconded.
• MARV 2008-26, a zoning map amendment for Multicon Development Company, passed 9-0 6:00.
• MAR 2008-23, a zoning map amendment for Thomas & Corbett, LLC, passed 9-0 7:36.

Approvals

The Commission approved DP 2008-114, the Mitchell property development plan, with 9 votes in favor and 0 against 25:22. Approval included 13 revised conditions and acceptance of the EAMP Compliance Report.

DP 2008-126, the Miller Bird Commercial Park Subdivision development plan, was approved 9-0 58:34, with 12 conditions and closure of the entrance point nearest the service road.

MAR 2008-28, a zone change for the John P. Elias property, passed 9-0 1:08:55, subject to approval of the associated development plan.

MAR 2008-29, a zone change for Town Properties Asset Management Company, was approved 9-0 1:19:00 with conditional zoning restrictions.

MAR 2008-27, approval of the ND-1 overlay for Chevy Chase, passed 9-0 2:18:29. Patrick Brewer moved the item. The effective date was set as January 1.

All nine Commission members voted in favor of each item: Patrick Brewer, Marie Copeland, Neill Day, Ed Holmes, Mike Owens, Frank Penn, Lynn Roche-Phillips, Joan Whitman, and Randall Vaughn.

Public Comment

Two members of the public provided comments during the meeting.

PJ Blackburn 2:04:47 expressed opposition to the ND-1 overlay. She raised concerns that the overlay removes liberties without guaranteeing preservation of the neighborhood's character. Blackburn also criticized the petition process and objected to the burden imposed by the zone change requirement.

Brian Sawyer 2:11:22 spoke in support of the ND-1 revisions. He suggested simplifying the appeals process, specifically recommending a reduction of the notification requirement from its current threshold to 200 feet.

Contested Items

ND-1 Overlay for Chevy Chase

The Commission addressed significant community opposition regarding the proposed ND-1 overlay for Chevy Chase. The primary concerns centered on the appeal process and the potential impact on property rights. Community members expressed opposition to the overlay designation, with particular focus on how the appeal mechanism would function and what effects the overlay would have on property owners' rights and development options in the area.

Tates Creek Heights, LLC Zoning Map Amendment

Petition Identifier: MAR 2007-9

This agenda item addressed a petition for a zoning map amendment submitted by Tates Creek Heights, LLC. The proposal sought to modify the zoning designation for the subject property from a Neighborhood Business (B-1) zone with conditional zoning restrictions to a Neighborhood Business (B-1) zone with modified conditional zoning restrictions.

Presentation and Discussion

Richard Murphy presented this matter to the Commission 1:31. The discussion involved the modification of existing conditional zoning restrictions rather than a change to the underlying zoning classification itself, as both the current and proposed designations maintained the B-1 Neighborhood Business zone status.

Outcome

The Commission voted to postpone consideration of this petition. No additional details regarding the specific reasons for postponement, concerns raised, or the timeline for future consideration were provided in the available record.

Southern Industrial, LLC Zoning Map Amendment

Petition Number: MAR 2008-24

Proposal: A petition for a zone map amendment to reclassify a property from Neighborhood Business (B-1) zone to Wholesale & Warehouse Business (B-4) zone.

Key Speaker: Richard Murphy presented on this agenda item.

Outcome: The Commission postponed action on this zoning map amendment.

3:12

Multicon Development Company Zoning Map Amendment

Petition Details

The Commission considered a zoning map amendment petition (MARV 2008-25) from Multicon Development Company requesting a zone change from Heavy Industrial (I-2) to High Density Apartment (R-4) 4:51.

Presentation

Bruce Simpson presented on this agenda item.

Outcome

The Commission postponed action on the zoning map amendment petition.

Multicon Development Company Zoning Map Amendment

Petition Number: MARV 2008-26

Proposal: The Commission considered a petition for a zone map amendment to reclassify a property from Wholesale & Warehouse Business (B-4) zone to Mixed-Use 2: Neighborhood Corridor (MU-2) zone.

Presentation: Bruce Simpson presented the zoning map amendment request to the Commission 6:00.

Outcome: The Commission postponed action on this agenda item.

Thomas & Corbett, LLC Zoning Map Amendment

Petition Number: MAR 2008-23

Proposal: A petition for a zone map amendment to reclassify property from a Single Family Residential (R-1C) zone to a Planned Neighborhood Residential (R-3) zone.

Presentation: Rory Kaylee presented this agenda item 7:36.

Outcome: The Commission postponed consideration of this zoning map amendment.

Mitchell Property Development Plan

Identifier: DP 2008-114

The Commission considered approval of the development plan for the Mitchell property during the September 25, 2008 meeting 25:22.

Presentation and Discussion

Bill Sallee presented the development plan to the Commission. The proposal included provisions addressing drainage, parking, and environmental considerations for the property.

Outcome

The Commission approved the Mitchell Property Development Plan.

Miller Bird Commercial Park Subdivision Development Plan

Identifier: DP 2008-126

The Commission considered approval of the development plan for Miller Bird Commercial Park Subdivision. Tom Martin presented the item, which addressed concerns regarding parking and access points for the proposed commercial park.

Outcome: The development plan was approved.

The discussion focused on parking and access considerations as key elements of the proposal. The specific details of concerns raised and the full scope of the development plan are available in the meeting recording at approximately 58 minutes and 34 seconds 58:34.

Zone Change for John P. Elias Property

1:08:55

The Commission considered a zone change request (MAR 2008-28) for property located at 223 Pasadena Drive. The proposal sought to rezone the property from a single family R1C zone to a professional office P1 zone.

Tracy Wade presented the item to the Commission. The discussion and deliberation on this zone change request resulted in approval of the ordinance.

Zone Change for Town Properties Asset Management Company

Agenda Item: MAR 2008-29

Request: A zone change was requested for property located at 3380 Tates Creek Road, seeking to reclassify the land from R3 Planned Neighborhood Residential to B1 Neighborhood Business.

Presentation: Traci Wade presented the zone change request to the Commission. 1:19:00

Outcome: The Commission approved the zone change request.

ND-1 Overlay for Chevy Chase

The Commission considered approval of the ND-1 overlay for Chevy Chase, which included revised guidelines and an appeal process. 2:18:29

Tracy Wade presented this agenda item to the Commission.

The ND-1 overlay ordinance was approved by the Commission.