Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on October 23, 2014, at 1:30 p.m. in the 2nd Floor Council Chambers 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 24 public comments.

The Commission approved an Amendment to Article 22 to Establish a Planned Unit Development-2 (PUD-2) Zone and adopted the Official Meeting and Filing Schedule for 2015. A third agenda item regarding Recreation and Tourism Land Uses – Zoning Ordinance Text Amendment was deferred.

Attendance

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

Absent: Frank Penn.

Late arrivals: None.

Votes and Decisions

ZOTA 2014-7: Planned Unit Development-2 Zone Amendment

The board voted on approval of an amendment to Article 22 to establish a Planned Unit Development-2 (PUD-2) zone. Patrick Brewer moved the measure, and Carolyn Richardson seconded it. The motion passed unanimously with 10 ayes and 0 nays. All board members present voted in favor: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Carolyn Plumlee, Carolyn Richardson, Joe Smith, and Bill Wilson. 39:44

ZOTA 2014-4: Recreation and Tourism Land Uses Zoning Ordinance Text Amendment

The board deferred action on approval of a recreation and tourism land uses zoning ordinance text amendment. No motion was formally made or seconded on this item. 2:42:05

Public Comment

The Commission received public comment from 24 speakers addressing zoning and land use issues in Fayette County.

Agricultural and Rural Land Preservation

Multiple speakers emphasized protecting the county's agricultural heritage. Greg Bibb, Chair of the Rural Land Management Board, urged protection of farmland from changes that could undermine the $77 million Purchase of Development Rights program [1:03:19]. Bill Lear shared historical context from 1995–2000 planning efforts, warning against opening prime agricultural areas to incompatible uses that could endanger the horse industry [1:07:46]. Chauncey Morris, Executive Director of the Kentucky Thoroughbred Association, and Randy Gilbert, President of the Kentucky Thoroughbred Farm Managers Club, both stressed the economic and cultural significance of the equine industry and the need to preserve the AR zone [1:51:02, 1:53:49]. Luke Fallon from Haggard Equine Medical Institute similarly urged preservation of the AR zone [2:09:03].

Neighborhood and Green Space Protection

Ann Graham spoke about degradation of Acton Park due to overuse by a ball club, urging protection of green spaces from commercial encroachment [1:15:08]. Missy Byers, representing the Fayette County Neighborhood Council, stressed the need for minimum conditions, security bonds, and clear definitions to ensure compatibility and prevent adverse impacts [1:06:00]. Jan Hellebush expressed concern about potential slot machines near residential areas [2:28:26].

Zoning Recommendations and Economic Concerns

Knox Van Ogle, on behalf of the Fayette Alliance, recommended strengthening agricultural nexus definitions and supporting conditional uses with surety bonds [1:18:16]. Gregory Butler, Chair of the Lexington Greenspace Commission, recommended reclassifying prohibited uses as conditional for individual review [1:22:18]. Jim Griggs, a Board of Adjustment member, emphasized the need for clear definitions and impact-based conditions for high-impact uses [1:33:42].

Conversely, Todd Johnson, representing the Home Builders Association, opposed the ZODA in its current form, calling for more principal uses in underutilized zones [1:37:09]. Tom Dupree argued that excessive regulation limits job creation and may disadvantage small farmers [1:39:16].

Specific Use Cases and Balanced Approaches

Deborah Kelly, owner of Kelly Farms, requested continued operation of her corn maze as a compatible rural use [1:47:32]. Nick Nicholson, representing Horse Country, proposed revised definitions for farm gift shops and urged inclusion of ecotourism and bed and breakfasts [1:24:56]. Burgess Carey recommended adding ecotourism, agritourism, and youth camps as principal uses in the AN zone [1:27:47]. Susan Enloe advocated for balancing tourism and agriculture [2:04:58].

Contested Items

ZODA 2014-4: Recreation and Tourism Land Uses

A heated discussion occurred during the public hearing on the recreation and tourism zoning amendment. The primary disagreement centered on balancing the preservation of agricultural land against the promotion of economic development through recreation and tourism uses.

Multiple speakers raised concerns about the proposed amendment, focusing on several key issues:

• Unintended consequences: Participants expressed worry about unforeseen effects of the zoning changes on existing land use patterns and community character.

• Lack of incentives in the AN zone: Speakers identified insufficient incentive structures within the AN zone designation to support the intended recreation and tourism objectives.

• Definitional clarity: There was a call for clearer definitions of what constitutes permissible recreation and tourism land uses under the proposed amendment.

• Conditional requirements: Participants emphasized the need for more explicit conditions to govern how these land uses would be implemented and regulated.

The debate reflected a fundamental tension between those prioritizing agricultural land preservation and those seeking to advance economic development opportunities through expanded recreation and tourism zoning. The intensity of the discussion indicated significant community concern about how the amendment would be applied in practice and what safeguards would be in place to prevent negative outcomes.

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

The Commission considered ZOTA 2014-7, an ordinance to establish a Planned Unit Development-2 (PUD-2) zone in the North Limestone area 14:15.

Proposal Overview

The amendment would create a new PUD-2 zone to support development of a live-work cultural district. The planned district would include artist housing, maker spaces, and community programming.

Presentation and Support

Staff recommended approval of the ordinance, citing alignment with the Comprehensive Plan and support from multiple community groups. Key speakers presenting on the item included Traci Wade, Brandon Coan, Richard Young, Chris Nonn, Marty Clifford, Laurel Dixon, and Knox Van Nagell.

Commission Action

The Commission approved the amendment to Article 22 to establish the PUD-2 zone.

Recreation and Tourism Land Uses – Zoning Ordinance Text Amendment

The Commission considered ZOTA 2014-4, a zoning ordinance text amendment addressing recreation and tourism land uses 40:55. After extensive public comment, the Commission deferred action on the proposal to allow further consideration.

Key Concerns Raised

Multiple speakers expressed concerns about the amendment's potential impacts. Primary issues included:

• Protection of agricultural land and concerns about compatibility of recreation and tourism uses with existing agricultural operations
• Need for clearer definitions of what constitutes recreation and tourism land uses
• Requests for more specific conditions and standards to govern how these uses would be permitted and operated

Speakers

The following individuals participated in the discussion: Traci Wade, Greg Bibb, Missy Byers, Bill Lear, Ann Graham, Knox Van Ogle, Gregory Butler, Nick Nicholson, Burgess Carey, Jim Griggs, Todd Johnson, Tom Dupree, Deborah Kelly, Chauncey Morris, Randy Gilbert, Carrie McIntosh, Betty Webb, Susan Enloe, Luke Fallon, Dick Murphy, Jane Snyder Harrod, Amy Clark, Jan Hellebush, Gloria Martin, and Charles Martin.

Outcome

Rather than voting on the amendment, the Commission deferred action. The matter will be revisited in a work session, allowing time to address the concerns raised during public comment and to develop clearer language and conditions for the proposed recreation and tourism land uses.

Adoption of Official Meeting and Filing Schedule for 2015

The Commission adopted the draft 2015 meeting and filing schedule during this agenda item 2:43:10. The schedule was presented by staff and will serve to guide future planning and zoning activities for the coming year.

The Commission approved the schedule without discussion, indicating consensus among members on the proposed calendar of meetings and filing deadlines for 2015.

Outcome: The official meeting and filing schedule for 2015 was approved.