Planning Commission - Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on November 29, 2007, at 1:32 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Randall Vaughn presiding as the meeting officer. The Commission addressed seven agenda items during the session, ranging from routine administrative matters to several significant zoning map amendment requests affecting various properties throughout the county.

The Commission conducted 13 motions and votes throughout the meeting, demonstrating active deliberation on the matters before them. Three members of the public provided comments during the proceedings, offering input on the various zoning and development proposals under consideration.

The meeting's outcomes were mixed, with the Commission approving five of the substantive agenda items while denying one zoning request and tabling another item for future consideration. Key accomplishments included the approval of meeting minutes from the previous session, the approval of three zoning map amendments for GOO GOO Property, Lake Area Neighborhood Association, and South End Park, and the confirmation of appointments to the Floodplain Appeals Committee. However, the Commission denied the Richardson Todds Road, LLC zoning map amendment request, and postponements and withdrawals were tabled for further review. The session represented typical Planning Commission business, balancing community development needs with regulatory oversight and public input in the land use planning process.

Attendance

All eleven Commission members were present at the November 29, 2007 meeting, though four members arrived late.

Present: • Lyle Aten (arrived late) • Mike Cravens • Neill Day (arrived late) • Linda Godfrey • Ed Holmes (arrived late) • Jim Mahan • Frank Penn • Carolyn Richardson • Lynn Roche-Phillips • Randall Vaughn • Joan Whitman (arrived late)

Absent: None

Late Arrivals: • Lyle Aten • Neill Day • Ed Holmes • Joan Whitman

The meeting achieved full attendance despite the late arrivals of four commissioners.

Votes and Decisions

The Planning Commission took action on 13 motions during the November 29, 2007 meeting, with most items receiving unanimous support.

Administrative Items The Commission unanimously approved meeting minutes from July 12, 2007, and October 25, 2007, on a motion by Linda Godfrey, seconded by Frank Penn (7-0) 0:30.

Postponements Several items were postponed to future meetings: - ZOTA 2007-7 postponed to December 13, 2007 (motion by Linda Godfrey, second by Carolyn Richardson, 8-0) 2:30 - ZOTA 2007-8 postponed to January 31, 2008 (motion by Linda Godfrey, second by Jim Mahan, 8-0) 4:30 - MAR 2007-9 and ZDP 2007-50 postponed to December 13, 2007 (motion by Frank Penn, second by Linda Godfrey, 8-0) 6:30 - MAR 2007-20 and ZDP 2007-113 postponed to January 31, 2008 (motion by Frank Penn, second by Carolyn Richardson, 8-0) 9:00 - BOAR 2007-3 postponed to January 17, 2008 (motion by Joan Whitman, second by Carolyn Richardson, 8-0) 11:00

Failed Motion MAR 2007-19, a zone map amendment from Agricultural Urban (A-U) to Expansion Area Residential 2 (EAR-2), failed on a motion for disapproval by Linda Godfrey, seconded by Jim Mahan. The roll call vote was 5-0-3, with Linda Godfrey, Jim Mahan, Frank Penn, Carolyn Richardson, and Lynn Roche-Phillips voting for disapproval and three abstentions 120:00. ZDP 2007-98 was indefinitely postponed with the same 5-0-3 vote breakdown 125:00.

Approved Items The Commission approved several zoning matters: - MAR 2007-25 (Professional Office to Highway Service Business zone) with conditional zoning restrictions (11-0) 180:00 - ZDP 2007-140 with 16 conditions (11-0) 185:00 - MAR 2007-26 (Agricultural Urban to Single Family Residential zone) (11-0) 210:00 - South End Park area rezoning initiation (10-0-1) 240:00 - Floodplain Appeals Committee appointments (11-0) 250:00

All approved motions were made by Jim Mahan and seconded by Frank Penn.

Public Comment

Three residents addressed the Commission during the public comment period, raising concerns about various zoning matters on the agenda.

Jennifer Daum spoke regarding the Fortune Offices, LLC zoning map amendment 9:30. Daum expressed frustration over repeated postponements of this item and the lack of advance notice provided to the public about these delays. She requested that the Commission commit to no further postponements beyond January 31st, emphasizing the need for certainty in the review process.

David Atcher addressed flooding concerns related to the Richardson Todds Road, LLC zoning map amendment 130:00. Atcher raised specific concerns about increased stormwater runoff and potential flooding impacts on the surrounding neighborhood that could result from the proposed development. He highlighted the importance of considering drainage and water management issues in the zoning review process.

Martin Clifford spoke in opposition to the GOO GOO Property zoning map amendment 200:00. Clifford expressed multiple concerns about the proposal, including potential traffic impacts and infrastructure capacity issues. He emphasized the need for a comprehensive small area plan to be completed before any rezoning decisions are made, arguing that such planning would better address the cumulative impacts of development in the area.

The public comments reflected common themes in zoning discussions, including procedural concerns about postponements, environmental impacts such as stormwater management, and the need for comprehensive planning to address infrastructure and traffic impacts before approving new development.

Appointments

The Commission made one appointment during the November 29, 2007 meeting.

• Lyle Aten was appointed to the Floodplain Appeals Committee

This appointment fills a position on the committee that handles appeals related to floodplain determinations and regulations within the jurisdiction.

Contested Items

Two zoning map amendment applications faced significant community opposition during the November 29, 2007 Commission meeting.

Richardson Todds Road, LLC Zoning Map Amendment

The Richardson Todds Road, LLC proposal encountered strong resistance from area residents who raised concerns about the environmental impact of the proposed development. Community members specifically cited worries about increased flooding that could result from the project. Residents voiced their opposition to the zoning change, arguing that the development would negatively affect the local environment and potentially exacerbate existing drainage issues in the area.

GOO GOO Property Zoning Map Amendment

The GOO GOO Property zoning amendment also drew substantial community opposition. Residents and concerned citizens raised multiple issues with the proposed rezoning, including anticipated increases in traffic congestion and concerns about the adequacy of existing infrastructure to support the development. Additionally, community members argued that a small area plan should be completed before any rezoning decisions were made, suggesting that proper planning studies needed to be conducted to assess the full impact of the proposed changes on the surrounding area.

Both contested items highlighted common themes in development disputes, with community members expressing concerns about environmental impacts, infrastructure capacity, and the need for comprehensive planning before approving zoning changes. The opposition in both cases reflected residents' desires to ensure that new developments would not adversely affect their neighborhoods' quality of life, traffic patterns, or environmental conditions.

*Note: Specific transcript timestamps were not available in the provided source materials for these contested items.*

Approval of Meeting Minutes

0:30

The Commission considered the approval of minutes from two previous meetings during this agenda item. The minutes under review were from the July 12, 2007, meeting and the October 25, 2007, meeting.

Linda Godfrey and Frank Penn were the key speakers who participated in the discussion of this agenda item. The Commission reviewed both sets of meeting minutes for accuracy and completeness before taking action.

Following the review and discussion, the Commission voted to approve the minutes from both meetings. The approval of these minutes ensures that the official record of the Commission's proceedings from July 12, 2007, and October 25, 2007, is formally adopted and becomes part of the permanent record.

The approval of meeting minutes is a standard procedural item that allows the Commission to maintain accurate documentation of its deliberations, decisions, and actions taken during previous sessions.

Postponements and Withdrawals

2:00

The Commission addressed several postponements and withdrawals of zoning items during this portion of the meeting. Key speakers included Jim Hodge, Rena Wiseman, and Richard Murphy.

Four specific zoning matters were postponed to future meetings:

• ZOTA 2007-7 - Zoning Ordinance Text Amendment postponed
• ZOTA 2007-8 - Zoning Ordinance Text Amendment postponed
• MAR 2007-9 - Master Area Review postponed
• MAR 2007-20 - Master Area Review postponed

The discussion focused on scheduling these items for consideration at upcoming Commission meetings. The speakers addressed the procedural aspects of postponing these zoning matters and coordinated the timing for when they would be rescheduled.

All four items were formally tabled as a result of this discussion, allowing the Commission to address them at future meetings when more time could be allocated for proper review and consideration.

Richardson Todds Road, LLC Zoning Map Amendment

120:00

The commission considered a zoning map amendment request from Richardson Todds Road, LLC to rezone 8.63 acres from Agricultural Urban (A-U) to Expansion Area Residential 2 (EAR-2).

Key speakers during the discussion included Traci Wade, John Whittle, and David Atcher, who presented various aspects of the proposal and raised concerns about the rezoning request.

The primary concerns raised during the deliberation centered on potential flooding issues and environmental impact associated with the proposed zone change. Commissioners and speakers discussed how the rezoning from agricultural use to residential development might affect drainage patterns and environmental conditions in the area.

The EAR-2 zoning designation would have allowed for residential development with specific density requirements, representing a significant change from the current agricultural zoning that permits more limited development options.

After consideration of the proposal and the concerns raised regarding flooding and environmental impact, the commission ultimately denied the zoning map amendment request. The denial means the 8.63-acre property will retain its current Agricultural Urban (A-U) zoning designation.

GOO GOO Property Zoning Map Amendment

180:00

The Commission considered a zoning map amendment for the GOO GOO Property, which involved changing the zoning designation from Professional Office (P-1) to Highway Service Business (B-3) to accommodate a proposed car wash development.

Key speakers during the discussion included Rena Wiseman and Martin Clifford, who presented information regarding the zoning change request and its implications for the proposed development.

The amendment was necessary to allow for the construction and operation of a car wash facility, as this type of business is not permitted under the existing P-1 Professional Office zoning classification. The B-3 Highway Service Business zone would provide the appropriate zoning framework for the car wash operation.

The Commission ultimately approved the zone map amendment from P-1 to B-3, but the approval came with specific conditions attached to the development. These conditions were likely designed to address any potential concerns about the impact of the car wash operation on the surrounding area, though the specific details of these conditions were not detailed in the available information.

The approval of this zoning amendment allows the GOO GOO Property development to move forward with the car wash project under the more appropriate B-3 zoning classification, while ensuring that the development meets certain standards through the imposed conditions.

Lake Area Neighborhood Association Zoning Map Amendment

210:00

The commission considered a zoning map amendment for properties in the Lake Area Neighborhood, proposing to change the zoning designation from Agricultural Urban (A-U) to Single Family Residential (R-1B).

Key speakers during the discussion included Traci Wade and Edgar McDonald, who presented information regarding the proposed zoning change. The amendment would affect multiple properties within the Lake Area Neighborhood boundaries.

The proposed rezoning from A-U to R-1B zoning would allow for single-family residential development in an area previously designated for agricultural urban use. The R-1B zone typically permits single-family homes on smaller lots compared to agricultural zoning, representing a transition toward more intensive residential development.

The commission ultimately approved the zoning map amendment, allowing the Lake Area Neighborhood properties to move forward with the new Single Family Residential (R-1B) zoning designation. This approval enables future residential development consistent with single-family housing patterns rather than the previous agricultural urban classification.

The ordinance approval represents a formal change to the municipal zoning map, affecting how the designated properties can be developed and used going forward.

South End Park Zone Change Request

240:00

The commission discussed a rezoning initiative for the South End Park area to support the Newtown Pike Corridor Extension and associated redevelopment plans. This agenda item involved aligning zoning regulations with broader infrastructure and development objectives in the area.

Key speakers during the discussion included Bill Salley and Rachel Phillips, who presented information about the proposed zone changes and their relationship to the corridor extension project.

The rezoning request was part of a larger planning effort to coordinate development in the South End Park vicinity with the planned Newtown Pike Corridor Extension. This infrastructure project required corresponding zoning adjustments to facilitate appropriate land use and development patterns in the affected area.

The commission ultimately approved the South End Park zone change request, allowing the rezoning to move forward in support of the corridor extension and redevelopment plans.

Floodplain Appeals Committee Appointments

250:00 The Commission considered appointments to the Floodplain Appeals Committee during the November 29, 2007 meeting.

Barbara Rackers served as the key speaker for this agenda item, presenting the proposed appointments to the committee. The Floodplain Appeals Committee serves as an administrative body that hears appeals related to floodplain management decisions and regulations.

The Commission approved the appointments to the Floodplain Appeals Committee as presented. No significant discussion or concerns were raised regarding the proposed appointees during the meeting.

The appointments were approved by the Commission, ensuring the Floodplain Appeals Committee would have the necessary membership to continue its administrative functions related to floodplain management appeals and decisions.