Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 25, 2014, at 1:30 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 three agenda items, two motions and votes, and six public comments.

The Commission addressed three matters during the session. The first item, concerning Boone Creek Properties, LLC, DBA Boone Creek Outdoors and their Zoning Map Amendment and Zoning Development Plan, was presented for informational purposes. The second agenda item, an Amendment to Article 21 to Allow Minor Plan Amendments to Reduce Surplus Parking, was approved by the Commission. The third item, an Amendment to Article 22 to Establish a Planned Unit Development-2 (PUD-2) Zone, was postponed.

Attendance

Present: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson

Absent: Patrick Brewer

Late: Bill Wilson

Votes and Decisions

ZOTA 2014-6: Amendment to Article 21 for Minor Plan Amendments to Reduce Surplus Parking 10:37

Motion by Will Berkley. The amendment to Article 21 to allow minor plan amendments to reduce surplus parking passed by voice vote. All nine members present voted in favor: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, and Joe Smith. No votes were cast against the measure.

ZOTA 2014-7: Postponement of Planned Unit Development-2 (PUD-2) Zone Amendment 5:40

Motion by Frank Penn, seconded by Carolyn Plumlee. The postponement of the amendment to establish a Planned Unit Development-2 (PUD-2) zone was approved by voice vote. All nine members present voted in favor of postponement: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Frank Penn, Carolyn Plumlee, Carolyn Richardson, and Joe Smith. No votes were cast against the postponement.

Public Comment

Six speakers provided public comment on the Boone Creek Outdoors project.

Support for the Project

Sarah Brown, a neighbor, testified at 3:32:18 that the canopy tour has had no impact on traffic, noise, or her property. She encouraged the commission to visit and experience the site firsthand.

John Park spoke at 3:39:16 as both a direct neighbor and legal counsel to the applicant. He defended the project, stating it had no impact on his property and characterized the opposition's attacks on the applicant's integrity as unwarranted.

Sarah Steele, a canopy tour guide, spoke at 3:42:02 about her personal transformation from fear of heights to confidence through training with the project. She emphasized the safety, educational value, and environmental stewardship of the operation.

Opposition to the Project

Julie Goodman spoke at 3:52:20 in opposition to the conditional use permit request. She argued that the applicant is in violation of the 2000 conditional use permit by failing to remove the Jolly Roger building and that the current request is identical to a previously denied one.

Graham Wilson presented opposition at 3:56:17 based on zoning violations. He presented photographic evidence showing tree damage and construction prior to filing required environmental safeguards, arguing the applicant violated Article 26 of the zoning ordinance.

Mary Diane Hanna spoke at 4:06:03 raising concerns about whether structures from the canopy tour extend onto neighboring protected land. She warned that approving the request would set a dangerous precedent for rural development.

Contested Items

The meeting addressed two significant areas of contention regarding a conditional use permit application for a canopy tour operation.

Conditional Use Permit for Canopy Tour

The primary contested item involved a request for a conditional use permit to operate a canopy tour. The proposal faced strong opposition from multiple stakeholder groups, including neighbors, environmental advocates, and historic preservationists. Opponents argued that the canopy tour would cause harm to the environmentally sensitive Boone Creek area, violate existing zoning regulations, and establish a problematic precedent for future development in the region. The applicant countered these concerns by emphasizing their commitment to environmental stewardship and the safety of the operation. This fundamental disagreement between the applicant's vision for the project and community concerns about environmental protection and regulatory compliance formed the core of the dispute.

Legal and Procedural Challenges

A second contested issue centered on legal and procedural matters surrounding the application. The applicant had previously operated the canopy tour without obtaining the required permit, which resulted in a court-ordered injunction against the operation. This history of non-compliance created a procedural dilemma for the commission: while they were under legal obligation to hear the case and consider the permit application, the applicant's prior violation of regulations raised questions about whether approval was appropriate. The tension between the legal requirement to hear the case and concerns about rewarding past non-compliance represented a significant procedural challenge that the commission had to navigate during its deliberations.

Boone Creek Properties, LLC, DBA Boone Creek Outdoors: Zoning Map Amendment & Zoning Development Plan

The commission considered a request by Boone Creek Properties, LLC, doing business as Boone Creek Outdoors, to rezone 20.15 net acres from Agricultural Rural (A-R) to Agricultural Natural (A-N) zone and approve a development plan for a commercial outdoor recreational facility featuring a tree canopy tour.

Key Speakers and Presentation

Traci Wade, Tom Martin, and Bill Sallee participated in the discussion of this agenda item 11:14.

Staff Recommendation

Staff recommended approval of the zoning map amendment subject to certification of the development plan. However, the conditional use request was recommended for postponement due to a pending Zoning Ordinance Text Amendment that would affect the application.

Outcome

The commission treated this item as informational, indicating that a final decision was not reached at this meeting, likely pending the resolution of the related Zoning Ordinance Text Amendment referenced in the staff recommendation.

Amendment to Article 21 to Allow Minor Plan Amendments to Reduce Surplus Parking

The commission considered ZOTA 2014-6, a text amendment to Article 21 regarding minor plan amendments for reducing surplus parking [0:06:13].

Presentation and Recommendation

Staff presented a simplified version of the applicant's proposed language for the amendment. The staff recommendation favored this streamlined approach to the original proposal.

Key Speaker

Jimmy Emmons participated in the discussion of this agenda item.

Outcome

The commission approved the amendment to Article 21 allowing minor plan amendments to reduce surplus parking. The motion passed unanimously.

Amendment to Article 22 to Establish a Planned Unit Development-2 (PUD-2) Zone

Identifier: ZOTA 2014-7

The commission considered an ordinance to amend Article 22 to establish a Planned Unit Development-2 (PUD-2) zone. The proposed zoning would support mixed-use development near North Limestone and Loudon Avenue.

Staff Recommendation

Staff recommended approval of the proposed PUD-2 zone designation.

Discussion

Key speakers on this item included Kris Nonn and Tracy Jones 4:34. The commission postponed the item to allow the petitioner to address questions that had been raised during a prior work session.

Outcome

The commission postponed consideration of this agenda item.