Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on September 24, 2009, at 1:32 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street, Lexington, Kentucky, with Frank Penn presiding. The meeting addressed three agenda items in total, including postponements and withdrawals, and two zoning ordinance text amendments. Both substantive amendments — ZOTA 2009-6, which proposed modifications to the Mixed-Use Community (MU-3) Zone Requirements, and ZOTA 2009-7, an amendment to Article 17 concerning Commercial Real Estate Signs — were approved by the Commission. Over the course of the meeting, 5 votes were taken and 3 public comments were heard. No presentations are noted in the meeting record.

Attendance

The following 11 members were present at the September 24, 2009 Commission meeting:

• Patrick Brewer
• Marie Copeland
• Mike Cravens
• Ed Holmes
• Mike Owens
• Derek Paulsen
• Frank Penn
• Carolyn Richardson
• Lynn Roche-Phillips
• Joan Whitman
• William Wilson

No members were recorded as absent or late.

Votes and Decisions

The Commission took five votes during the September 24, 2009, meeting, all of which passed unanimously with 11 ayes and 0 nays.

• Approval of Meeting Minutes 0:06: Moved by Mike Owens and seconded by Mike Cravens, the Commission unanimously approved the minutes of the August 13, 2009, and August 27, 2009, Planning Commission meetings. All 11 members voted in favor: Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Derek Paulsen, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, Joan Whitman, and William Wilson.

• MAR 2009-11 — Postponement of Neighborhood Design Character Overlay (ND-1) Zoning Map Amendment 10:33: Moved by Ed Holmes and seconded by Carolyn Richardson, the Commission unanimously voted to postpone this item to November 19, 2009. All 11 members voted in favor.

• ZOTA 2009-1 — Indefinite Postponement of Zoning Ordinance Text Amendment for Group Residential Projects 12:06: Moved by Mike Cravens and seconded by Carolyn Richardson, the Commission unanimously voted to postpone this item indefinitely. All 11 members voted in favor.

• ZOTA 2009-6 — Approval of Amendment to Mixed-Use Community (MU-3) Zone Requirements 43:42: Moved by Carolyn Richardson and seconded by Marie Copeland, the Commission unanimously approved the amendment modifying the Mixed-Use Community (MU-3) zone requirements. All 11 members voted in favor.

• ZOTA 2009-7 — Approval of Amendment to Commercial Real Estate Sign Provisions 1:34:23: Moved by Mike Owens and seconded by Patrick Brewer, the Commission unanimously approved the amendment modifying provisions for commercial real estate signs. All 11 members voted in favor.

Public Comment

Three members of the public addressed the Commission during the meeting.

• Bill Allen, representing the Westmorland Neighborhood Association, opened public comment by requesting a postponement of the ND-1 zoning hearing. Allen asked that the hearing be delayed in order to give residents the opportunity to discuss the issue at their upcoming annual meeting. 9:24

• Crystal Blackburn spoke to the importance of real estate signs to the local economy, urging the Commission to support a request for larger signs. Blackburn framed the issue in economic terms, emphasizing that real estate signage plays a meaningful role in commerce. 1:06:32

• Billy Smith echoed Blackburn's concerns regarding commercial real estate signs, arguing specifically that smaller signs are not effective for large properties. Smith made the case that the scale of a property necessitates proportionally larger signage in order to serve its intended purpose. 1:09:16

The public comments touched on two distinct issues: a procedural request regarding the ND-1 zoning hearing and substantive arguments in favor of allowing larger real estate signs for commercial properties.

Contested Items

• Commercial Real Estate Sign Size: A dispute arose during the meeting regarding the proposed size of commercial real estate signs. Community members raised opposition, with concerns centered on the potential for visual clutter that larger signs could create. At the same time, there was a countervailing need expressed for signs of sufficient size to serve their intended commercial purpose. The record does not indicate a final resolution or specific outcome from this discussion. [timestamp: not available]

Postponements and Withdrawals

10:33

The Commission took up Agenda Item III, covering postponements and withdrawals from the meeting's agenda.

Two items were addressed under this section:

• A zoning map amendment for the ND-1 overlay zone, which was brought forward for postponement.
• ZOTA 2009-1, which was considered for indefinite postponement.

Key speakers on this item included Ed Holmes and Carolyn Richardson, who participated in the discussion regarding the postponements. The outcome of the agenda item was that the matters were postponed as described.

No additional detail on the specific reasons for postponement, any concerns raised, or further debate is available in the record for this item.

ZOTA 2009-6: Modify the Mixed-Use Community (MU-3) Zone Requirements

43:42

The Commission took up agenda item V.C.1, a proposed ordinance amendment (ZOTA 2009-6) to modify the requirements of the Mixed-Use Community (MU-3) zone. The amendment sought to allow additional uses within the MU-3 zone and to alter existing requirements governing that zone.

Key speakers on this item were Bill Sallee and Bob Duncan, who presented and discussed the proposed changes with the Commission.

The Commission considered the amendment and ultimately approved ZOTA 2009-6.

> *Note: The available structured data for this item does not include a detailed record of the specific arguments made, concerns raised, or the vote count. For a full account of the discussion, refer to the meeting transcript at approximately the 43:42 mark.*

ZOTA 2009-7: Amendment to Article 17 for Commercial Real Estate Signs

1:34:23

The Commission took up agenda item V.C.3, a proposed ordinance amendment (ZOTA 2009-7) to modify the provisions governing commercial real estate signs under Article 17. The amendment addressed two primary aspects of the existing regulations: the allowable size of commercial real estate signs and the duration for which they may be displayed.

Key speakers on this item were Traci Wade and Tandy Patrick, who participated in the presentation and discussion of the proposed changes.

The amendment was brought forward to update the existing Article 17 framework to better reflect the needs of commercial real estate activity, with the discussion centering on the specific parameters around sign dimensions and how long such signs may remain posted on commercial properties.

The Commission ultimately approved the amendment to Article 17 as presented.

> *Note: The structured data available for this item does not include detailed specifics on the precise size thresholds, duration limits, or any dissenting concerns raised during deliberation. Readers seeking the full discussion are encouraged to consult the meeting transcript or recording beginning at timestamp 1:34:23.*