# Planning Commission Zoning Public Hearing - January 29, 2015 > Auto-transcribed civic record · January 29, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3574 - **Source video**: https://lfucg.granicus.com/player/clip/3574?view_id=14&redirect=true - **Date**: 2015-01-29 - **Last revised**: July 15, 2026 - **Length**: 3,726 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on January 29, 2015, at 1:30 p.m. in the 2nd Floor Council Chambers at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included five agenda items and resulted in five motions and votes. The Commission heard one public comment during the meeting. The Commission approved three items: a development plan amendment for the Sikura-Justice Property, Unit 6 (Polo Club Center); a zoning ordinance text amendment regarding mobile food unit vendors as accessory uses in the P-1 zone; and a change to the LFUCG Planting Manual. The Commission also approved scheduling a work session. One item—a zoning ordinance text amendment concerning recreation and tourism land uses—was deferred for further consideration. ## Attendance **Present:** - Will Berkley - Patrick Brewer - Mike Cravens - David Drake - Karen Mundy - Mike Owens - Carolyn Plumlee - Carolyn Richardson - Joseph Smith - William Wilson **Absent:** - Frank Penn **Late:** - Joseph Smith ## Votes and Decisions **DP 2015-1: Approval of SIKURA-JUSTICE PROPERTY, UNIT 6 (POLO CLUB CENTER) (AMD) with conditions** [timestamp: 00:26:43] Motion by Mike Cravens, seconded by Patrick Brewer. The motion passed by voice vote with all ten members voting in favor: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Carolyn Plumlee, Carolyn Richardson, Joseph Smith, and William Wilson. Approval was granted subject to multiple conditions including acceptance by the Urban County Engineer of drainage and storm and sanitary sewers; approval by the Urban County Traffic Engineer of street cross-sections and access; Building Inspection approval of landscaping and landscape buffers; and approvals from the Addressing Office, Urban Forester, Department of Environmental Quality, Bike & Pedestrian Planner, Greenspace Planner, Division of Fire Water Control Office, and Division of Waste Management. Additional conditions required the Planning Commission to find compliance with the EAMP, revision of note #7, revision of the townhouse dumpster location, resolution of note #13, resolution of building envelope conflicts and proposed dwelling unit size, and resolution of townhouse access, parking, circulation and driveway locations. **ZOTA 2014-4: Continuance of Recreation and Tourism Land Uses Zoning Ordinance text amendment** [timestamp: 00:27:53] Motion by Karen Mundy, seconded by Carolyn Plumlee. The motion to postpone passed by voice vote with all ten members voting in favor. **ZOTA 2015-1: Approval of Mobile Food Unit Vendors as Accessory Uses in the P-1 Zone text amendment** [timestamp: 00:32:29] Motion by Patrick Brewer, seconded by Carolyn Richardson. The motion passed by voice vote with ten members voting in favor and one abstention. **Add February 19, 2015 work session to official meeting schedule** [timestamp: 00:33:36] Motion by Carolyn Plumlee, seconded by William Wilson. The motion passed by voice vote with ten members voting in favor and one abstention. **Approval of proposed changes to the LFUCG Planting Manual** [timestamp: 00:37:33] Motion by Karen Mundy, seconded by Carolyn Richardson. The motion passed by voice vote with all ten members voting in favor. ## Public Comment Tracy Jones addressed the Tree Board's changes to the planting manual [timestamp: 00:36:56]. Jones commented on the elimination of female trees in the updated manual, suggesting that this change may be unnecessary. ## DP 2015-1: SIKURA-JUSTICE PROPERTY, UNIT 6 (POLO CLUB CENTER) (AMD) [timestamp: 00:16:44] The Planning Commission reviewed DP 2015-1, a subdivision plan amendment for the Sikura-Justice property located at 2945 Polo Club Boulevard. The proposal involved adding an office building and revising the townhouse layout at Unit 6 of Polo Club Center. **Presentation and Recommendation** Tom Martin and Brad Boaz presented the plan to the Commission. The Subdivision Committee and staff had previously reviewed the proposal and recommended it for approval, subject to 16 conditions. These conditions required compliance with the Expansion Area Master Plan (EAMP) and addressed various aspects of the development. **Plan Revisions** The revised plan addressed several concerns related to design, access, and infrastructure. The amendments reflected feedback received during the review process and incorporated modifications to better align with applicable planning standards and master plan requirements. **Outcome** The Planning Commission approved DP 2015-1. The approval was contingent upon the applicant meeting all 16 conditions established by staff and the Subdivision Committee, ensuring the project would comply with the EAMP and other relevant development standards. ## ZOTA 2014-4: Recreation and Tourism Land Uses [timestamp: 00:27:14] The Commission discussed a proposed zoning text amendment (ZOTA 2014-4) designed to support recreation and tourism uses across all zones. The item was presented by staff with a recommendation for approval, and a committee had also recommended approval of the proposal. Key speakers during the discussion included Mike Owens and Karen Mundy. Despite the positive recommendations from both staff and the committee, the Commission did not move forward with approval at this meeting. Instead, the Commission voted to continue the item to allow for additional review and consideration. **Outcome:** The item was deferred to March 26, 2015, with a scheduled work session planned to provide further opportunity for the Commission to examine the proposed amendment before making a final decision. ## ZOTA 2015-1: Mobile Food Unit Vendors as Accessory Uses in the P-1 Zone [timestamp: 00:28:25] The Commission considered a text amendment to allow mobile food unit vendors to operate as accessory uses within Professional Office (P-1) zones. The amendment was initiated by the Urban County Council and presented by Traci Wade. **Proposal Details** The amendment would permit mobile food unit vendors in P-1 zones subject to a specific distance requirement: vendors must be located at least 500 feet from any residential zone. This setback requirement was designed to minimize potential impacts on nearby residential areas while allowing food service operations to support office uses. **Support and Approval** The amendment received support from both staff and the Zoning Committee prior to the Commission's consideration. The Urban County Council's initiation of the amendment indicated broader governmental support for the text change. **Outcome** The Commission approved the text amendment, allowing mobile food unit vendors to operate as accessory uses in P-1 zones under the specified conditions. ## Schedule Work Session The Commission voted to add a work session on February 19, 2015, to the official meeting schedule. The work session was scheduled to allow for further review of ZOTA 2014-4, which had not been previously included in the calendar. Key speakers on this matter included Mike Owens and Carolyn Plumlee. The motion was approved. [timestamp: 00:33:02] ## Change to the LFUCG Planting Manual [timestamp: 00:34:10] The Commission considered proposed changes to the LFUCG Planting Manual during this agenda item. Traci Wade and Tim Queary presented the modifications, which included updates to the acceptable and unacceptable tree lists along with minor text revisions. The proposed changes to the Planting Manual were recommended by the Tree Board and supported by staff. The Commission approved the changes as presented. --- ## Decisions - **DP 2015-1** — passed: Approval of SIKURA-JUSTICE PROPERTY, UNIT 6 (POLO CLUB CENTER) (AMD) with conditions - **ZOTA 2014-4** — postponed: Continuance of Recreation and Tourism Land Uses Zoning Ordinance text amendment - **ZOTA 2015-1** — passed: Approval of Mobile Food Unit Vendors as Accessory Uses in the P-1 Zone text amendment - **Motion** — passed: Add February 19, 2015 work session to official meeting schedule - **Motion** — passed: Approval of proposed changes to the LFUCG Planting Manual --- ## Full transcript The Greatest Man I never knew lived just down the hall and every day we said hello but never touched at all he was in his paper I was in my room How was I to know he thought I hung the moon The greatest man I never knew Came home late every night He never had too much to say There much was on his mind I never really knew him Oh, and now it seems so sad Everything he gave to us Took all he had Then the days turned into years And the memories to black and white He grew so back in the winter wind Blowing across my life The greatest words I never heard I guess I'll never hear The man I thought could never die He's been dead almost a year He was good at business But there was business left to do He never said he loved me Guess he thought I knew I'm the only one who's lonely. Someone calls on me. And every now and then I spend my time and climb in person. Chris Lowe's falls in me. And then along comes Mary. And does she want to give me kicks anymore? Any chicken give me bigger memories Oh, baby, rather get the tables from all the fields and relations No one ever sees When we met, I was sure I was to love you Now my empty cup tastes as sweet as the punch When big desire is the fire In the eyes of chicks who say this is the game they play And when the masquerade is played The neighbor folks make jokes And who is most too plain today And then along comes Mary And does she want to set them free And let them see reality From where she got a name And will they struggle much When told at such a tip and touch Of her who make them not the same Oh, now, when we went out to show up to lunch Now my empty cup is as sweet as the punch I'm going to burn, I'm going to burn And when the morning of the warnings passed The gas and glass and kids are hung across the stars The psychodramas and the traumas gone The songs were endless, sung and hung upon the sky And in a long comes Mary And does she want to see the stings that didn't raise up all the pain She left the night before Oh, will their winking eyes reflect the lies and make them realize The bridge of life recite no more When we went out, sure, after lunch Now my empty cup tastes as sweet as a punch Sweet as the punch Sweet as the punch Sweet as the punch Sweet as the punch I heard from a friend today and she said you were in town Suddenly the memories came back to me in my mind How can I be strong? I've asked myself, time and time have said That I'll never fall in any way again A wounded heart you gave, my soul you took away Good intentions you had made me, I know you did I come from a place that hurts and God knows how I'm right And I never want to redo Never fall again I'm making love to you That's all good. Oh, so bright. How can I be stronger as myself? Time and time will see. And I'll never fall in and meet you again. So here we are alone again. Didn't think it'd come to me. Yes. And tonight. Thank you. Thank you. Thank you. ¶¶ ¶¶ Thank you. The order for January 29, 2015. It's hard to believe that the month of January is practically gone. First on the agenda would be approval of minutes, minutes from the December 18th and January 15th. Meetings were emailed to commission members, and I believe I have seen corrected versions as well. Are there any other corrections that need to be noted at this time? If not, I'll entertain a motion for approval. Mr. Chair, approval of December 18, 2014 minutes and January 15 2015 minutes. Second. Motion has been made and seconded for the approval of those minutes December 18th and January 15th. Please vote when it comes up on the screen. Motion passes. Thank you. Any postponements or withdrawals from today's not so lengthy agenda? seeing none we'll move on to the first item which is DP 2015-1 Secura Justice Property Unit 6 Polo Club Center and I think Mr. Martin is going to give us a brief presentation Good afternoon Good afternoon, Mr. Chairman, members of the commission. The first item is DP 2015-1, Secure Justice Property, Unit 6. This was a plan that was postponed at your last meeting to this agenda. This is an area located at Manowar Boulevard. and Polo Club Boulevard. Across from here would be the Hamburg East area. There's a multifamily development that's been in this location for a considerable amount of time. This is a CC zoned area. We have a Rite Aid, I believe, in this location and a bank. This is a Marathon gas station that has been in this location for some time now. The total acre, total site is just over eight acres. The purpose of this particular amendment that you see is in this area right here. On the currently approved plan, there was a commercial building sitting in this location and the townhouses occupied this area. You can see from this revision, they have moved this building to this location, changed its configuration. It is a 5,200 square foot office building. It's our understanding it will be an insurance office. The townhouses have been reduced from 14 to 7. They have maintained their square footage because the CC zone requires 40 percent of its square foot floor area to be residential. So these are very large units. You can see that we have a semicircle access drive in this location coming off the main access at this point with driveways here, and they are backed up against this extensive greenway in this location. The existing right in and right out for this development is at this location. The plan is subject to your standard development plan sign-offs and reviews. There were a few cleanup items, several resolution items. We can report to the Planning Commission that, although we've not received a paper copy and a submittal, that both Planning and the Division of Traffic Engineering have reviewed a PDF of some of the revisions on this plan that are consistent with the conditions on your agenda, as well as in your EAMP compliance report. And we have distributed one of these for you today. And, of course, it is necessary for you to make a finding that this does, in fact, comply with the AMP. The land use is the CC-recommended land use, and that is consistent. The mix with the residential and the commercial is consistent with that element of the AMP, your land use, future land use recommendation. And in fact, with retail and retail professional services, a service building here, it's a good mix. There's potential for additional retail and other type uses in the future in this area. And again, here we have our residential component. The infrastructure component in this area has in essence been completed. Polo Club has been in place for a considerable amount of time. It is completed. The sewers are in place. The Greenway, which, as you know, is an integral part of your expansion area. It's a key unifying feature throughout. And it does extend across Manowar and through Hamburg East. And there's detention in that area, and that's been built as well. So they're going to be utilizing the existing stormwater system. And the sewer is, in fact, in place. And you may also recall that there's a major trunk line and the pump station has been constructed. It is in place off Winchester Road. So, again, the infrastructure element is certainly being complied with for this particular development. Now, your community design element was the one element that your staff took a hard look at on this amendment. And it is important to remember that CC areas, it's considered as a whole, and its relationship to this area over here also, because this is a CC area. And so when we review design elements and that sort of thing, we're concerned about the overall. We're not looking at one little piece. And that's important in that for those of you who are on the committee, Planning Commission at the time that this was worked on, considerable amount of work went into the design here. a considerable amount of negotiation, compromise, working with the neighborhood, working with the developer to get landscaping, to get public space, to provide for a future connection across this greenway. These were very important. At that time, when this building was sitting over here and we had these townhouses, the staff was also concerned because on that plan, they were well-defined. They had a hardscape element, a wall that kind of separated them, but at the same time there was a strong pedestrian connection. And again, as with these, they do have a good orientation to the greenway. So when we reviewed this amendment, we were concerned that they maintain what staff believed were good design elements for the overall CC area. Now, you don't see the revision before you today. But again, as I stated, we have seen a PDF where they have addressed staff concerns and conditions that are outlined in your EAMP compliance report. Those are to address these parking spaces here, because you can see with this main entrance. We also wanted to address the sea of pavement and make sure these were well delineated for the townhouses. We wanted the staff wanted the pedestrian system to be strengthened and well-defined, as well as a definition, pardon me, of the residential area, kind of a defining landscape element. They have added that. There's going to be a wall in this location. So staff and your subdivision committee are recommending approval of the plan. Staff has provided you with a report. We do believe that this plan substantially complies with the AMP subject to the revisions that have been outlined in your report. And I'll be happy to answer any questions you may have. Any questions for Mr. Martin? Yes, ma'am. Where did the dumpster end? That's an excellent question. Thank you. And I mean, you can see obviously right here and we did not know no one. It has ended up over in this area in a brick walled enclosure and there's good access to it. And it's also separated and it'll be well screened as part of that hardscape separation. And that was actually where it was when this when they were here. There was a dumpster in this location on the approved plan. So it's actually a similar location. they've just pulled everything in this direction. Mr. Brewer? Yes, sir, Tom, you've got A through E as recommended changes. What you've seen addressed all of those? Made a substantial, yes, sir. We always like to review it again in a full submission. But they've added a sidewalk, they've added the hardscape wall, they've moved the dumpster, they've changed the parking. So, yes, sir, they've made excellent progress. Okay, thanks. Any other questions? No? Does the applicant have anything to add? Good afternoon, Mr. Chairman, members of the commission. I think Tom did an excellent job of describing the original plan, as well as Brad Boaz with CMW. Thank you, Brad. Sorry, Mike. And on behalf of the applicant, again, I think Tom did a great job explaining this initial plan as well as the subsequent plans following our January 8th subdivision meeting where we received the expansionary comments and then tried to address those as quickly as possible to get the staff and traffic engineering enough time to review those. So, again, we wanted to make our best effort at achieving those requirements. So we acknowledge the number, one second, the 16 comments and would ask for your approval. And we will submit our affidavit and picture of our development plan notification sign that has been on the property for the last two weeks. Thank you, Mr. Browaz. Any questions for the applicant? Second. Anyone else in the audience wish to speak in regards to this plan? If not, and if there's no other questions, I'll close it and open it up for motion. Mr. Chairman. Yes, sir. I'm going to move approval of DP 2015-1 and finding that the plan does comply with the MAP. Thank you. And seconded by Mr. Brewer. has been made and seconded for approval with 16 conditions. If there's no further questions, please vote when it comes up on the screen. That motion passes. Thank you. Thank you, Mr. Boaz. He did include that, yes. Yes. At the bottom of page one, we have text amendments out of 2014-4, recreational and tourism land uses. we did have an excellent meeting at our work session. The discussion was that we probably needed another one, which would be coming up in February, that we all address here in a little bit. However, the belief is that at this point, we probably should continue this until March the 26th. Any discussion? If not, I'll entertain a motion. Ms. Bundy? Mr. Chair, I'd like to move that we continue the ZODA hearing, ZODA 2014-4, Recreation and Tourism Land Uses, until March 26th of 2015. Thank you. Do we have a second? Motion's been made and seconded for the continuance until March 26th. Please vote when it comes up on the screen. here it comes the motion passes thank you miss wade zoda 2015 number one yes so 2015 number one our next item on the agenda is related to mobile food unit vendors as accessory uses in the p1 zone this is a text amendment that was initiated by the urban county council late last year that was forwarded to the Planning Commission in December so technically we have 60 days to consider it and by acting today we will meet that requirement the proposed ZODA from the urban county council is a modification to article 8-15 of the zoning ordinance which is the professional office p1 zone and the proposed text would be to add some language within the special provisions section of P1 related specifically to professional office projects. Professional office projects are only permitted in a P1 zone and only if approved by the planning commission. And the number one consideration is that it at least be a 10-acre contiguous area of P1 zoning. So the staff has prepared a map of where we currently have P1 zoning all of the p1 zoning in the county you'll see at the top one that kind of got cut off there but that spindle top outside of the urban service boundary they don't have a professional office project so i was happy to kind of cut that off the purple indicates where it's overlaid on top of the p1 zone where the planning commission in the past has approved professional office projects And there are probably 10 to 15 different projects. Some are grouped together. For instance, the St. Joe East Hospital is on one plan, but the Ashland development, our headquarters near there, our offices, are on a separate development. But it does look like one conglomeration of P1 in that area. So some of them that look close are actually separate development plans. The proposal from the council is to add an accessory use to allow mobile food unit vendors to serve basically on a temporary basis within those professional office projects and serve visitors as well as employees of that area. The staff in reviewing the proposed amendment when it was at the council committee, Mr. King indicated to the council committee at that time that there was some concern about just copying some text that the planning commission and council had considered about 18 months ago for our b4 i1 and ed zones and putting it in the p1 so there was some changes to the text that the council reviewed and what they developed was what you see today so within a p1 zone these mobile food unit vendors or food trucks would only be permitted in the professional office projects and they would have to park at least 500 feet from any adjacent residential zone and that's just to protect the neighborhoods that would be nearby any of these professional office projects and i think that covers most of it the staff is recommending approval as did the zoning committee three weeks ago for two reasons first the text amendment to the p1 zone will allow mobile food unit vendors as an accessory use in our professional office projects and this would allow for improved food access within these projects and may reduce vehicle trips to areas outside of projects for meals and secondly the amendment establishes a minimum of 500 feet from any residential zone in order to minimize any negative effects to our adjacent neighborhoods and residences. I'd be happy to answer any questions about that. Any questions for Ms. Wade? Seeing none. Thank you, Ms. Wade. Anyone in the audience wish to speak on this proposed tax amendment? Seeing no one. If there's no further discussion, I'll entertain a motion. Mr. Chairman, I move for approval of Zota 2015-1. Thank you. Do we have a second? Second. Motion's been made and seconded for the approval of Zota 2015-1, the mobile food unit vendors as an accessory use in a P1 zone. Please vote when it comes up on the screen. That motion passes. Thank you. Moving on down under commission items. as mentioned a moment ago we did discuss and looking at having a scheduled work session on February 19, 2015 at 1.30 here in the chambers since this was not on the regular calendar for us to do it we need a motion to do so yes ma'am I move that the work session be February 19th at 1.30. Thank you. Motion's been made and seconded for the work session on February 19th, 2015. Please vote when it comes up on the screen. Thank you, Mr. Cravens. Motion passes. I only voted for 4.4. Yeah, we hear you. Next, understaff items, change to the LFUCG planting manual. Ms. Wade. Yes. Thank you. The last item we have on our agenda today is something that the Planning Commission heard me and then Tim Query, our urban forester, speak about a few, I guess maybe a month ago in December at a short work session after one of our other meetings or hearings. This is an item that the tree board has requested in October of 2014. they requested that the Planning Commission adopt some modifications to the planting manual. The planting manual is adopted by reference to our sub-regulations as well as the zoning ordinance, and it's used by anyone basically who's planting trees and shrubs in Fayette County for street trees, landscaping related to commercial properties, really any purpose. Even I think Parks and Rec is supposed to be using the planting manual and following those directions. So the planting manual covers a broad range of topics in terms of picking the right tree, how to plant it, but also even pruning after it's planted. The proposed changes are what I would consider some small changes and tweaks in terms of the text of the planting manual. and the majority of the changes fall within the acceptable and unacceptable lists that are associated with the planting manual, and that covers about two-thirds of the planting manual. The tree board went through the tables in detail, added text in terms of characteristics of trees to help people pick the right trees, but they also moved some trees into what they felt were a more appropriate category, perhaps moving medium to large or large to medium. They did add a few new trees as well that will be listed within the tables. I'd be happy to answer any questions about that, and I know Tim is here, and he's happy to answer any questions about specifics related to trees or what the tree board reviewed. The staff is recommending approval of adopting these changes though. Yes, ma'am. Tracy, this doesn't change the canopy requirement any. No, it does not. That's a good question. Any other questions? Mr. Chairman, if I could expand on that. The tree canopy requirements are part of the zoning ordinance. So if we ever did want to revise those for any reason, we'd be in a more formal text amendment process for that. Thank you. Thank you, Bill. Any other questions? Yes, ma'am? I'd just like to say that I think it's very interesting that they've eliminated all the female trees. And I really don't think we're that much of a problem, but apparently we are. thank you for that comment anything else mr. Query anything to add no anyone else in the audience wish to speak on this seeing no one I'll entertain a motion for the planning manual mr. chair I move that we accept the revisions to the to the tree planning manual as given to us as I guess today is a draft. These are the proposed changes. Okay and the proposed changes. Thank you. Do we have a second? Motion's been made and seconded for the approval to the changes of the planning manual. Please vote when it comes up on the screen. That motion passes. Thank you. Thank you. Thank you Tracy we kind of I kind of sped right through everything under Commission items to the Commission have any anything else does the staff have anything else to bring up any audience items if not thank you I would say our Our next meeting would be our committee's in a week's time. If there's nothing else, I'll entertain a motion for adjournment. Second. Second. All in favor, please say aye. Any opposed? Thank you, folks.