Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 25, 2011, at 1:32 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting, which included four agenda items, fourteen public comments, and four motions and votes.

The Commission addressed two zoning map amendments and development plans during the meeting. The first item, a zoning map amendment and Newtown Springs (Trilogy Lexington Health Campus #3) Zoning Development Plan submitted by DMK Development Group, LLC, was postponed. The second zoning matter, a zoning map amendment and Rogers & Clark Subdivision, Lots 21-24 Zoning Development Plan submitted by The Lexington Hearing & Speech Center, Inc., was also postponed.

The Commission approved the Final Subdivision Plan for Derby Landing (Derby Landing Circle). Additionally, the Commission deferred action on the Goals and Objectives for the 2012 Comprehensive Plan to a future meeting.

Attendance

Present: Eunice Beatty, Carla Blanton, Patrick Brewer, Mike Cravens, Mike Owens, Derek Paulsen, Lynn Roche-Phillips, and Bill Wilson

Absent: Marie Copeland

Late: None

Votes and Decisions

Approval of Minutes from July 28, 2011 20:01

Motion by Mr. Brewer, seconded by Mr. Wilson. The minutes from the July 28, 2011 meeting were approved unanimously with 8 ayes and 0 nays. All members voted in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, Mike Cravens, Mike Owens, Derek Paulsen, Lynn Roche-Phillips, and Bill Wilson.

MARC 2011-13: DMK Development Group, LLC Zoning Map Amendment and ZDP 2011-70 for Newtown Springs (Trilogy Lexington Health Campus #3) 26:12

Motion by Mr. Owens, seconded by Mr. Wilson. The postponement of the zoning map amendment and ZDP 2011-70 was approved unanimously with 8 ayes and 0 nays. All members voted in favor. Approval is subject to certification of ZDP 2011-70 within two weeks of approval.

MARV 2011-12: The Lexington Hearing & Speech Center, Inc. Zoning Map Amendment and ZDP 2011-69 for Rogers & Clark Subdivision 28:26

Motion by Ms. Roche-Phillips, seconded by Mr. Brewer. The postponement of the zoning map amendment and ZDP 2011-69 was approved unanimously with 8 ayes and 0 nays. All members voted in favor. Approval is subject to Urban County Council rezoning to P-1 zone.

PLAN 2011-73F: Final Subdivision Plan for Derby Landing (Derby Landing Circle) 39:40

Motion by Mr. Brewer, seconded by Ms. Beatty. The Final Subdivision Plan for Derby Landing was approved unanimously with 8 ayes and 0 nays. All members voted in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, Mike Cravens, Mike Owens, Derek Paulsen, Lynn Roche-Phillips, and Bill Wilson. Approval is subject to eight conditions including Urban County Engineer's acceptance of drainage, Traffic Engineer's approval of street cross-sections, Urban Forester's approval of street tree information, and documentation of resolution of public street acceptance.

Public Comment

The meeting included fourteen public comments addressing rezoning proposals, rural land management, agricultural development, and comprehensive planning goals.

Rezoning and Development Issues

Joel Corwin, a Newtown Springs resident, opposed the proposed DMK Development Group rezoning [0:21:50]. He stated that 20 homes in the subdivision unanimously opposed the project except for two developer-owned properties, and requested the Commission proceed with the item that day to allow residents to present their case.

Bruce Simpson, an attorney for the petitioner, requested postponement of the Lexington Hearing & Speech Center rezoning [0:27:20] to allow a neighborhood meeting on September 13th and to provide advance notice to residents. Later, Simpson spoke again [1:36:51] arguing that minor amendments should be considered for properties surrounded by urban infrastructure to promote economic development, even if not suitable for agriculture.

Rural Land Management and Agricultural Issues

Mariana Moore, Vice Chair of the Rural Land Management Board, read a resolution [1:02:34] calling for reaffirmation and re-adoption of the Rural Service Area Land Management Plan and its inclusion as a goal in the 2012 Comprehensive Plan.

Billy Van Pelt, representing the Rural Land Management Board, opposed this approach [1:09:57], stating that the only recommended change was deletion of TDR language and requesting that the Commission not approve a goal to update the plan.

Andy Bollinger advocated for agritourism [1:05:58] as an economic development strategy for small farms, citing market demand and potential revenue from events. Ginny Grulke, Executive Director of the Kentucky Horse Council [1:12:10], emphasized the economic and tourism value of sport horses and urged farmland protection. Walter Hillmeyer, speaking for the Fayette County Farm Bureau [1:31:52], endorsed the Fayette Alliance's proposed revisions and urged reinstatement of the Rural Land Management Plan's goals.

Comprehensive Plan Structure

Multiple speakers addressed plan clarity. Denise O'Mara [1:15:25] and Susan Enloe, President of the Greenbrier Neighborhood Association [1:25:26], advocated for clearer language and more specific, actionable guidelines. Ben Kaufman [1:34:05] criticized the plan as too vague and called for concrete locations for key developments. John Tucker [1:40:40] stated the plan should contain no ambiguity to prevent legal disputes.

Andrea Strasburg, Chair of the Mayor's Commission for Citizens with Disabilities [1:29:16], praised the addition of "accessible" to Goal D2 and urged its inclusion in the mission statement.

Knox Van Nagel represented the Fayette Alliance [1:18:13], urging adoption of their proposed goals for farmland preservation, economic development, and balanced growth.

Appointments

Edward Holmes resigned from the Planning Commission.

Contested Items

Inclusion of Rural Land Management Plan in 2012 Comprehensive Plan

A significant disagreement emerged regarding whether to include an updated Rural Land Management Plan as part of the 2012 Comprehensive Plan. The Rural Land Management Board and several public speakers opposed the proposed goal to update the plan, contending that it had already undergone review and required only the deletion of Transfer of Development Rights (TDR) language. They argued that a full update was unnecessary.

Other speakers supported the plan's inclusion, emphasizing that updating it was essential to ensure adequate farmland protection and support economic development in rural areas. This division reflected differing priorities between those seeking to minimize additional planning work and those advocating for comprehensive rural protections.

Vagueness and Lack of Specificity in Goals and Objectives

A heated discussion arose over the draft plan's language and structure. Multiple public speakers criticized the document for being too broad and lacking actionable guidance. They called for more specific, structured language—described as "cut-and-dry"—to provide clear direction and prevent ambiguity that could lead to legal disputes during implementation.

These speakers expressed concern that vague goals and objectives would create confusion about how the plan should be executed and could expose the jurisdiction to legal challenges. They advocated for more precise language that would leave less room for interpretation and provide clearer standards for decision-making.

DMK Development Group, LLC: Zoning Map Amendment & Newtown Springs (Trilogy Lexington Health Campus #3)

Item Identifier: MARC 2011-13

Overview

The Commission discussed a zoning map amendment request from DMK Development Group, LLC to rezone 5.00 net acres from R-1D to R-3 to accommodate a nursing home and assisted living facility as part of the Newtown Springs (Trilogy Lexington Health Campus #3) development.

Staff Recommendation

Staff recommended approval of the zoning change from R-1D to R-3. However, staff recommended postponement of the conditional use approval due to two significant concerns: inadequate emergency access and the lack of collector streets serving the proposed facility.

Key Participants

The discussion involved Richard Murphy, Joel Corwin, and Mr. Owens.

Outcome

The item was postponed to September 22, 2011, to allow time to address the identified deficiencies in emergency access and street infrastructure before the conditional use could be approved.

The Lexington Hearing & Speech Center, Inc.: Zoning Map Amendment & Rogers & Clark Subdivision, Lots 21-24 Zoning Development Plan

The Commission reviewed a zoning map amendment and development plan request for The Lexington Hearing & Speech Center, Inc. 27:20. The proposal sought to rezone 0.99 net acres from R-1D to P-1 zoning to allow for adaptive reuse of historic buildings.

Presentation and Proposal

Bruce Simpson presented the request on behalf of the applicant. The project involved the Rogers & Clark Subdivision, specifically Lots 21-24, and included plans for the adaptive reuse of existing historic structures on the property.

Staff Recommendation

Staff recommended approval of certain variances associated with the project but recommended postponement of other variances pending further review. The staff determination indicated that additional time was needed to fully evaluate certain aspects of the proposal before moving forward with a final decision.

Outcome

The Commission postponed the item to September 22, 2011, allowing for the additional staff review and analysis of the outstanding variance requests. No final action was taken at this meeting.

Final Subdivision Plan: Derby Landing (Derby Landing Circle)

The Commission considered the final record plat for Derby Landing Circle, a private street seeking public dedication. The agenda item was identified as PLAN 2011-73F.

Presentation and Recommendation

Staff presented the plan and recommended approval subject to eight conditions. These conditions included requirements for engineering and traffic approvals, ensuring the proposed street met necessary standards before public dedication could be finalized.

Key Speakers

Jimmy Emmons and Gene Alexander participated in the discussion of this agenda item. 34:00

Outcome

The Commission approved the final subdivision plan unanimously, accepting the staff recommendation along with the eight conditions for approval.

Goals and Objectives, 2012 Comprehensive Plan

The Commission held a public hearing on the draft goals and objectives for the 2012 Comprehensive Plan 1:00:00. Key speakers included Jim Duncan, Mariana Moore, Andy Bollinger, Billy Van Pelt, Ginny Grulke, Knox Van Nagel, Susan Enloe, and Ben Kaufman.

Public Comments and Concerns

Public comments during the hearing focused on several key areas:

• The need to explicitly include the Rural Land Management Plan within the comprehensive plan
• Support for agritourism and sport horse industries as important economic sectors
• Calls for more specific, actionable language throughout the plan rather than general statements

Commission Action

The Commission determined that the draft goals and objectives required further review and refinement based on the public input received. Rather than adopting the document at this meeting, the Commission decided to hold a work session on September 15 to thoroughly review the comments submitted and make necessary revisions to the plan.

Outcome

This agenda item was deferred pending the scheduled work session.