Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 23, 2012, at 1:31 p.m. in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included eight agenda items and resulted in nine motions and votes. The Commission approved four items: an amendment to the special provisions of the CC Zone, a zone change map amendment for Pleasant Green Baptist Church, a preliminary development plan for Pleasant Green Baptist Church, off-street parking requirements in a pedestrian-oriented business district, and initiation of a commercial woodlots text amendment. Three items were postponed: the Sebastian Property Unit 2 proposal, an amendment to the definition of "banquet facilities," and proposed amendments to Articles 1, 8, and 12 regarding modifications to the Neighborhood Business (B-1) Zone. The meeting included one public comment.

Attendance

Present: Eunice Beatty, Carla Blanton, Patrick Brewer, Mike Cravens, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, and Lynn Roche-Phillips.

Absent: Will Berkley and Bill Wilson.

Late: Lynn Roche-Phillips arrived after the meeting began.

Votes and Decisions

All votes taken during this meeting were unanimous with 8 ayes, 0 nays, and 0 abstentions.

DP 2012-60: Postponement of Sebastian Property, Unit 2 Subdivision Plan 11:59 Motion by Frank Penn, seconded by Mike Cravens. The subdivision plan for Sebastian Property, Unit 2 was postponed. All eight members voted in favor: Eunice Beatty, Carla Blanton, Patrick Brewer, Mike Cravens, Karen Mundy, Mike Owens, Frank Penn, and Carolyn Plumlee.

ZOTA 2012-4: Postponement of Banquet Facilities Definition Amendment 13:09 Motion by Mike Cravens, seconded by Karen Mundy. The text amendment to amend the definition of "banquet facilities" was postponed unanimously.

ZOTA 2012-9: Postponement of Neighborhood Business Zone Modification 14:12 Motion by Frank Penn, seconded by Carolyn Plumlee. The text amendment to modify the Neighborhood Business (B-1) zone was postponed unanimously.

ZOTA 2012-11: Approval of CC Zone Special Provisions Amendment 1:05:21 Motion by Patrick Brewer, seconded by Mike Cravens. The text amendment to special provisions of the CC zone with staff alternative text was approved unanimously.

MAR 2012-11: Approval of Pleasant Green Baptist Church Zone Change 1:23:32 Motion by Lynn Roche-Phillips, seconded by Lynn Roche-Phillips. The zone change map amendment for Pleasant Green Baptist Church was approved unanimously.

ZDP 2012-64: Approval of Pleasant Green Baptist Church Preliminary Development Plan 1:24:10 Motion by Lynn Roche-Phillips, seconded by Lynn Roche-Phillips. The preliminary development plan for Pleasant Green Baptist Church was approved unanimously with 11 conditions, including approvals from the Urban County Engineer, Traffic Engineer, Building Inspection, Urban Forester, Department of Environmental Quality, Bike & Pedestrian Planner, Greenspace Planner, Division of Fire, and Division of Waste Management, as well as resolution of Dunaway Street improvements at final development plan stage.

ZOTA 2012-12: Approval of Off-Street Parking Amendment 1:35:42 Motion by Patrick Brewer, seconded by Lynn Roche-Phillips. The text amendment to clarify off-street parking in pedestrian-oriented business districts was approved unanimously.

Commercial Woodlots Text Amendment Initiation 1:40:23 Motion by Patrick Brewer, seconded by Lynn Roche-Phillips. Initiation of a text amendment for commercial woodlots was approved unanimously.

Adjournment 1:41:24 Motion by Mike Owens, seconded by Frank Penn. The meeting was adjourned unanimously.

Public Comment

1:28:08 Diane Wallace, a 3rd District Council member, spoke in support of ZOTA 2012-12, a proposed pedestrian-oriented business district parking amendment.

Wallace highlighted economic hardship faced by small businesses in the district, citing high parking costs as a significant burden. She noted that off-site parking lots lack adequate visibility, which further disadvantages local businesses. Wallace indicated that the proposed amendment has garnered widespread support from business owners and neighborhood associations in the area, suggesting community backing for the measure.

Contested Items

The August 23, 2012 meeting included two significant areas of disagreement among commission members.

Big-box guidelines trigger threshold

Commission members were divided over the threshold at which big-box store guidelines should apply. The debate centered on whether the guidelines should be triggered at 50,000 square feet or the existing 80,000 square feet. Supporters of lowering the threshold to 50,000 square feet argued that this change would better align with the intent of the CC (Commercial Center) zone and promote greater compatibility with neighborhood character. Opponents raised concerns that lowering the threshold would result in overregulation and impose unnecessary design constraints on businesses. The disagreement reflected differing priorities between stricter development standards and regulatory flexibility.

Compatibility of Costco with CC zone intent

A heated discussion emerged regarding whether a Costco development was compatible with the CC zone's intended purpose. Lynn Roche-Phillips opposed the amendment, contending that the project contradicted the Comprehensive Plan's vision of village-type neighborhood development. Others in the discussion emphasized the economic benefits and job creation that the Costco would provide to the community. This disagreement highlighted a fundamental tension between preserving the planned character of commercial zones and pursuing economic development opportunities.

SEBASTIAN PROPERTY, UNIT 2

Agenda Item: DP 2012-60

Property: 2826 Leestown Road

Project Type: Subdivision

The Planning Commission considered a subdivision plan for the Sebastian Property, Unit 2 located at 2826 Leestown Road. 11:59

Key Issues

Staff identified several concerns requiring further review before the Commission could approve the plan:

• Open space compliance
• Conditional uses
• Access easements

Action Taken

Tom Martin presented the item to the Commission. Staff requested a three-week postponement to allow time to address the identified issues and revisions.

The motion to postpone DP 2012-60 passed unanimously.

AMEND THE DEFINITION OF "BANQUET FACILITIES"

Identifier: ZOTA 2012-4

Type: Text Amendment to Zoning Ordinance

Action Taken: Postponed

13:09

The Commission considered a text amendment to revise the definition of "banquet facilities" in the zoning ordinance. The proposed change would remove the requirement that banquet facilities be located in a former or current residence.

Staff, represented by Bill Sallee, requested a one-month postponement of the item due to timing constraints. The motion to postpone passed unanimously, with no discussion of the substantive merits of the amendment recorded.

The item was scheduled to return for consideration at a future meeting.

AMENDMENTS TO ARTICLES 1, 8 & 12 FOR MODIFICATIONS TO THE NEIGHBORHOOD BUSINESS (B-1) ZONE

Identifier: ZOTA 2012-9

Type: Text amendment to zoning ordinance

Presentation and Discussion

Bill Sallee presented this text amendment proposal, which seeks to update the B-1 (Neighborhood Business) zone regulations. According to staff, the proposed changes are intended to align the zoning code with the Comprehensive Plan and improve flexibility for infill development within the B-1 zone.

Outcome

The Commission postponed consideration of ZOTA 2012-9. The postponement was driven by scheduling constraints related to holiday timing, with the Commission indicating that a December meeting would be more appropriate for addressing this item.

Staff Recommendation

Staff recommended approval of the proposed amendments to Articles 1, 8, and 12 based on their alignment with the Comprehensive Plan and the potential benefits to infill development opportunities in neighborhood business areas.

AMENDMENT TO THE SPECIAL PROVISIONS OF THE CC ZONE

The Commission considered ZOTA 2012-11, an ordinance to amend the special provisions of the CC Zone. 1:05:21

Proposal Overview

The amendment would allow one building exceeding 50,000 square feet in CC zones, subject to specific conditions. Staff recommended a revised text that would trigger big-box guidelines at 80,000 square feet.

Key Speakers and Discussion

The agenda item was discussed by Traci Wade, Rena Wiseman, and Jackie Frank.

Outcome

The Commission approved ZOTA 2012-11 by unanimous motion.

Pleasant Green Baptist Church Zone Change Map Amendment

The Commission considered MAR 2012-11, a zone change map amendment for Pleasant Green Baptist Church. 1:23:32

Proposal Details

The amendment proposed rezoning three parcels from R4 (residential) to B2B (commercial) to facilitate the church's expansion plans. The church intends to construct a gymnasium, fellowship hall, and kitchen on the rezoned property.

Key Speakers

Traci Wade and Rena Wiseman presented information regarding the proposal.

Outcome

The Commission approved MAR 2012-11 unanimously. The motion passed with support for conditional restrictions to be placed on the rezoning, ensuring the development would proceed under specified conditions.

Pleasant Green Baptist Church Preliminary Development Plan

The Commission considered ZDP 2012-64, the preliminary development plan for Pleasant Green Baptist Church. 1:24:10

Chris Taylor presented the development plan to the Commission.

The Commission approved the preliminary development plan with 11 conditions. The conditions included requirements for traffic and infrastructure improvements on Dunaway Street.

The motion to approve passed unanimously.

OFF-STREET PARKING REQUIREMENTS IN A PEDESTRIAN-ORIENTED BUSINESS DISTRICT

The Commission considered ZOTA 2012-12, an ordinance addressing off-street parking requirements in pedestrian-oriented business districts 1:35:42.

Overview

The ordinance clarifies the governance of parking requirements in pedestrian-oriented business districts. Under this measure, parking requirements in such districts are governed by the Urban County Council rather than the zoning ordinance. This change is intended to streamline the redevelopment process in designated pedestrian-oriented areas.

Key Speakers

The discussion was led by Traci Wade and Diane Wallace.

Impact

The ordinance specifically affects redevelopment efforts in areas including Jefferson Street and College Town, where pedestrian-oriented development is prioritized.

Outcome

The Commission approved ZOTA 2012-12.

Initiation of Commercial Woodlots Text Amendment

The Commission initiated a text amendment to address commercial woodlots operations in industrial zones. 1:40:23

Presentation and Purpose

Mike Marks presented the proposed amendment, which would add commercial woodlots as a principal permitted use in I-1 and I-2 zones. The amendment was designed to resolve enforcement confusion regarding how commercial woodlots should be regulated within these industrial areas.

Key Provisions

The proposed text amendment included specific operational limitations:

• Processing hours restrictions
• Firewood pile height limits

Outcome

The Commission approved the initiation of the text amendment.