Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on December 17, 2009, at 1:35 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street, Lexington, Kentucky. The meeting was presided over by Frank Penn. The Commission worked through 6 agenda items, including the approval of minutes, postponements and withdrawals, zoning items, and staff items, with the majority of substantive items resulting in approval. Over the course of the meeting, 7 motions and votes were taken and 4 public comments were heard.

Attendance

The following members were present at the December 17, 2009 Commission meeting:

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

Absent: Patrick Brewer and Ed Holmes were not in attendance. No members were recorded as late.

Votes and Decisions

The Commission took action on seven items during the December 17, 2009 meeting, with all votes resulting in approval or advancement.

• MAR 2009-14 – A motion by Mike Owens, seconded by Carolyn Richardson, to postpone the RAS LAND, INC. zoning map amendment passed unanimously (9–0). The item was postponed to January 28, 2010. 27:06

• MAR 2009-15 – A motion by Carolyn Richardson, seconded by Mike Cravens, to approve a zone change for Grover C. Huff and Brenda Huff from B-4 to B-3 passed unanimously (9–0), including proposed conditional zoning restrictions. 37:00

• ZDP 2009-85 – A motion by Carolyn Richardson, seconded by Mike Cravens, to approve the Hamburg Place Farm, Plaudit Place Commercial Development, Lot 5F passed unanimously (9–0), subject to 11 conditions as listed on the agenda. 38:12

• MAR 2009-16 – A motion by Carolyn Richardson, seconded by Joan Whitman, to approve a zone change for Kaiten Patel from A-U to B-3 passed on a roll call vote of 8–1, including recommended conditional zoning restrictions and additional item J. Voting in favor: Mike Cravens, Mike Owens, Derek Paulsen, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, Joan Whitman, and William Wilson. Voting against: Marie Copeland. 1:02:59

• ZDP 2009-86 – A motion by Carolyn Richardson, seconded by Joan Whitman, to approve the Bryan Property development plan passed unanimously (9–0), subject to 15 conditions as listed on the agenda plus one additional new condition. 1:04:02

• PFR 2009-8 – A motion by Mike Owens, seconded by Joan Whitman, to approve the public facilities review for the Eastern State Hospital Replacement Facility passed unanimously (9–0) with recommendations. 1:22:03

• Text Amendment Initiation – A motion by Carolyn Richardson, seconded by Mike Cravens, to initiate a text amendment to delete Article 6-4(i) regarding street addressing authority passed unanimously (9–0). 2:11:53

Public Comment

Four individuals addressed the Commission during the public comment portions of the December 17, 2009 meeting.

• Tony Barrett spoke at 27:06 to request a one-month postponement for the RAS Land, Inc. zoning map amendment. No additional details regarding the basis for the postponement request were provided in the record.

• Mike Meuser appeared at 35:59 as a representative of the petitioner in a zone change matter. He stated that the petitioner was in agreement with staff's recommendations, including the proposed conditional zoning restrictions.

• Matt Carter also spoke on behalf of a petitioner regarding a zone change at 54:53. Like Meuser, Carter confirmed the petitioner's agreement with staff's recommendations and the proposed conditional zoning restrictions.

• Sarah Tuttle addressed the Commission at 1:15:34 regarding the Eastern State Hospital Replacement Facility. She expressed enthusiasm for the project and confirmed that it would comply with LEED certification requirements.

No speakers raised opposition or unresolved concerns during public comment. The comments from Meuser and Carter indicated petitioner cooperation with staff conditions on their respective zone change requests, while Tuttle's remarks reflected support for the Eastern State Hospital project and its green building standards.

Contested Items

One item before the Commission generated a split vote during the December 17, 2009 meeting.

• Zone Change for Kaiten Patel (A-U to B-3): The Commission considered a request to rezone property associated with Kaiten Patel, moving it from an A-U designation to a B-3 designation. The motion to approve the zone change passed by an 8-1 vote. Commissioner Marie Copeland cast the sole dissenting vote. The record does not detail the specific grounds for Copeland's opposition or the arguments raised during deliberation, but the strong majority of the Commission supported approving the rezoning request.

Call to Order

25:59

The meeting was called to order by Chair Frank Penn.

Approval of Minutes

25:59

The Commission took up Agenda Item II, the approval of minutes from the previous meeting. The minutes from the November 19, 2009 meeting were presented for review and approval. Key speakers on this item included Mike Owens and Carolyn Richardson. No significant concerns or debate were noted regarding the content of the minutes. The Commission approved the November 19, 2009 meeting minutes.

Postponements and Withdrawals

27:06

Under Agenda Item III, the Commission took up a request for postponement related to a zoning map amendment submitted by RAS Land, Inc. Tony Barrett addressed the Commission on this matter, presenting the request for postponement of the RAS Land, Inc. zoning map amendment.

The Commission approved the postponement request.

Zoning Items

28:12

The Commission took up Agenda Item IV, covering zoning map amendments and related plans for two applicants: Grover C. Huff and Brenda Huff, and Kaiten Patel. Key speakers during this portion of the meeting included Traci Wade, Cheryl Gallt, and Matt Carter.

The item was presented for Commission discussion and action, with the relevant zoning map amendments and associated plans reviewed as part of the proceedings. Following discussion among the commissioners and the identified speakers, the Commission approved the zoning items.

*Note: Additional detail on specific arguments, concerns raised, or conditions attached to the approvals is not available in the source materials for this item.*

Commission Items

1:22:39

Under Agenda Item V, the Commission received two annual reports as informational presentations.

Purchase of Development Rights Program Billy Van Pelt presented the annual report for the Purchase of Development Rights Program. This report provided the Commission with an update on the program's activities and status for the year.

Courthouse Area Design Review Board An annual report from the Courthouse Area Design Review Board was also presented, offering the Commission a summary of that body's work over the course of the year.

Both presentations were informational in nature, and no action was taken by the Commission on either item.

Staff Items

2:09:36

Under Agenda Item VI, the Commission took up a staff-initiated matter concerning a proposed text amendment to the zoning or planning code. Staff member Bill Sallee presented the item, which centered on the initiation of a text amendment that would delete Article 6-4(i), a provision related to street addressing authority.

Sallee's presentation focused on the rationale for removing this particular article, with the discussion examining the implications of eliminating the street addressing authority language currently contained in that section. The item was framed as an initiation of the amendment process rather than a final adoption, meaning the Commission was being asked to move the proposed deletion forward for further consideration and review.

Following the presentation and discussion, the Commission approved the initiation of the text amendment to delete Article 6-4(i). No additional speakers or dissenting positions are reflected in the available record of this item.