Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning topic
No spam. Unsubscribe anytime.
Zoning panel postpones request to lift building cap on War Admiral Place development
Summary
Lexington zoning subcommittee postponed consideration of a request by War Admiral Place LLC to remove a binding restriction that caps total building area on the Hamburg Place site; staff recommended delay to get more evidence that conditions have changed since the restriction was imposed.
The Lexington Zoning and Subcommittee on Aug. 7 postponed consideration of PLN MAR 25-10, a request by War Admiral Place LLC to remove a conditional zoning restriction that limits total gross building area on the Hamburg Place/War Admiral site.
City planning staff said the property has reached the current cap and that removing the restriction would be required for any additional construction. ‘‘They are currently at that limit now,’’ the staff member said, describing the restriction as a numerical cap established by a binding restriction recorded after a 2004 application and finalized in early 2005.
The applicant’s representative, Nick Nicholson, said the restriction prevents marketing or development of two currently vacant outparcels—Out Lot 5 and Out Lot 6—and presented a conceptual development plan showing three-story retail/office buildings on those lots. Nicholson argued the character of the B6P zone and community expectations have changed since the restriction was imposed, and he cited a floor-area-ratio comparison: the site’s existing floor-area ratio is about 0.22, while the minimum FAR in the current B6P rules is 0.5. ‘‘This development flies in the face of our current B6P rules,’’ Nicholson said, adding that the proposed plan would bring the site closer to the type of multistory, mixed uses the city now encourages.
Staff outlined the legal threshold to modify a binding restriction: the applicant must show a ‘‘major change of economic, physical, or social nature’’ in the area that was not anticipated when the restriction was imposed and that has ‘‘substantially altered the basic character’’ of the area. City staff recommended postponement to allow time to collect more substantial evidence that such unanticipated changes have occurred and to work with the applicant on documentation.
The conceptual development plan was filed as MJD P 25-28 (Hamburg Place, B5P and B6P highway commercial area) and showed the two vacant outparcels adjacent to the Walmart/Lowe’s parking area. Staff explained the broader site context: I-75 to the north, Winchester Road, Sir Barton Way, nearby commercial anchors (Walmart, Lowe’s, Sportsman’s Warehouse, Hobby Lobby), an economic development zone and a hospital to the north, and an AU buffer zone with floodplain, a walking trail and a horse cemetery in the center of the complex.
Commission members asked whether the request applied only to the two vacant outlots or to the entire 71.45 gross-acre tract; the applicant’s representative said the request would cover the entire parcel so that redevelopment options—such as adding structures within existing parking areas—would be possible if the limitation were removed. The applicant also said there are currently no signed tenants poised to build because the cap prevents new entitlement of square footage.
After discussion the subcommittee member moved to postpone consideration; the motion was seconded and the committee voted in favor. The item was recorded as postponed.
The subcommittee did not adopt any change to the binding restriction on Aug. 7; staff and the applicant will continue to coordinate supplemental documentation before the item returns to committee.
