Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 26, 2015, 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.

The Commission considered five agenda items during the session. Four of the items were approved: the Fritz Farm, LLC & DMK Development Group Final Development Plan; the Jake Riordan & Mark A. Jeter Zone Map Amendment & Liberty Heights Subdivision; the Amendment to Article 17-7(k) regarding Multi-Tenant Sign Panels in the B-6P Zone; and a Resolution Encouraging an Environmental Inspector Position. One item—the Recreation and Tourism Land Uses Text Amendment—was postponed. The Commission took eight motions and votes throughout the meeting and heard one public comment.

Attendance

The following individuals were present at the meeting on March 26, 2015:

• Will Berkley
• Patrick Brewer
• Mike Cravens
• David Drake
• Karen Mundy
• Mike Owens
• Carolyn Plumlee
• Frank Penn
• Carolyn Richardson
• Joseph Smith
• Bill Wilson

No absences or late arrivals were recorded.

Votes and Decisions

DP 2015-18: Fritz Farm, LLC & DMK Development Group Final Development Plan 34:20

Motion by Karen Mundy, seconded by Carolyn Plumlee. The final development plan for Fritz Farm, LLC & DMK Development Group was approved by voice vote. The approval is conditioned on acceptance and approval from multiple departments including the Urban County Engineer (drainage, storm and sanitary sewers), Urban County Traffic Engineer (street cross-sections and access), Building Inspection (landscaping and landscape buffers), Urban Forester (tree preservation plan), Department of Environmental Quality (environmentally sensitive areas), Bike & Pedestrian Planner (bike trails and pedestrian facilities), Division of Fire (fire hydrants and fire service features), and Division of Waste Management (refuse collection locations). Additional conditions include documentation of Division of Water Quality's Capacity Assurance Program approval, notation of building height in feet, existing and proposed easements, BOA approval of conditional use permit, final record plat information, and approval of the proposed deceleration lane design by the Division of Traffic Engineering.

Waiver Request for DP 2015-18: Right-in/Right-out Access to Man o' War Boulevard 35:56

Motion by Karen Mundy, seconded by Mike Cravens. The waiver for right-in/right-out access to Man o' War Boulevard was approved by voice vote.

MARV 2015-4: Zone Map Amendment at Winchester Road and Detroit Avenue 1:11:39

Motion by Mike Cravens, seconded by Bill Wilson. The zone map amendment from B-4 and R-2 to B-3 for property at Winchester Road and Detroit Avenue was approved by voice vote. The approval includes prohibited uses such as farm equipment display and rental, cocktail lounges, motels, indoor amusements, drive-in restaurants, carnivals, business colleges, pawnshops, and adult entertainment establishments. A 15-foot wide landscape buffer with a 6-foot privacy fence and trees every 40 feet on center is required along the southwest and southeast property boundaries.

Variance for MARV 2015-4: Dimensional Setback Variance 1:12:09

Motion by Bill Wilson, seconded by Mike Cravens. The dimensional variance to increase front yard setback from 26 to 42 feet was approved by voice vote, conditioned upon a use with a drive-through facility.

ZDP 2015-20: Liberty Heights Subdivision Preliminary Zoning Development Plan 1:12:45

Motion by Bill Wilson, seconded by Mike Cravens. The preliminary zoning development plan for Liberty Heights Subdivision, Block C, Lots 4-10 & 44-47 was approved by voice vote, contingent on Urban County Council rezoning the property to B-3.

ZOTA 2014-4: Recreation and Tourism Land Uses Text Amendment 2:29:50

Motion by Mike Cravens, seconded by Bill Wilson. The text amendment to address recreation and tourism land uses was postponed by roll call vote: 6 ayes, 5 nays. Voting in favor: Will Berkley, Patrick Brewer, Mike Cravens, David Drake, Karen Mundy, Mike Owens. Voting against: Carolyn Plumlee, Frank Penn, Carolyn Richardson, Joseph Smith, Bill Wilson.

ZOTA 2015-3: Multi-tenant Listings on Freestanding Signs in B-6P Zone 2:45:44

Motion by Carolyn Plumlee, seconded by Bill Wilson. The text amendment to allow multi-tenant listings on freestanding signs in the B-6P zone was approved by voice vote.

Resolution 0073-26: Environmental Inspector Position 2:49:03

Motion by Carolyn Plumlee, seconded by David Drake. The resolution encouraging inclusion of an environmental inspector position in the Division of Environmental Services was approved by voice vote.

Public Comment

Judy Pugh addressed the board regarding traffic and buffer concerns for adjacent properties 1:06:06. She requested reassurance that the proposed 15-foot buffer with a solid privacy fence would adequately protect nearby residential properties from traffic, noise, and lighting impacts associated with the proposed drive-through restaurant.

Contested Items

Recreation and Tourism Text Amendment (ZOTA 2014-4)

The Commission was deeply divided over the proposed Recreation and Tourism Text Amendment during this meeting. The disagreement centered on whether the amendment struck the appropriate balance between competing interests.

One faction of commissioners argued that the amendment was overly restrictive and undermined private property rights. They expressed concern that the proposed restrictions would limit property owners' ability to use their land for recreation and tourism purposes.

Other commissioners countered that the amendment was necessary to protect the agricultural and equine industries. They believed the restrictions were justified to preserve these economic sectors and their associated land uses.

The division resulted in a split vote on the amendment, indicating that the Commission could not reach consensus on how to proceed with ZOTA 2014-4.

Fritz Farm, LLC & DMK Development Group - Final Development Plan

The Planning Commission reviewed a final development plan (DP 2015-18) for an assisted living facility proposed at 4210 Nicholasville Road 18:10.

Project Overview

The development plan was presented by Tom Martin and Nick Nicholson. The project involves construction of an assisted living facility on the specified property.

Staff Recommendations

Staff recommended approval of the final development plan subject to 19 conditions. Key conditions addressed the following issues:

• Excess parking
• Landscaping requirements
• Access to Man o' War Boulevard
• A waiver for right-in/right-out access to the facility

Outcome

The Planning Commission approved the final development plan.

Jake Riordan & Mark A. Jeter - Zone Map Amendment & Liberty Heights Subdivision

37:04

The Commission considered a zone map amendment for property owned by Jake Riordan and Mark A. Jeter. The proposal sought to rezone approximately 2.5 acres from B-4 and R-2 zoning to B-3 zoning to accommodate a fast food restaurant with a drive-through facility.

Staff Recommendation

Staff recommended approval of the zone map amendment with conditional zoning restrictions. The recommended conditions included:

• A 15-foot buffer requirement
• Prohibitions on intense commercial uses
• Additional operational restrictions to protect adjacent residential areas

Key Speakers

The discussion involved Commission members Tracy Wade, Tom Martin, Jimmy Emmons, and Matt Carter, who examined the proposal and its compatibility with surrounding land uses.

Outcome

The Commission approved the zone map amendment. The approval was granted with the conditional zoning restrictions as recommended by staff, ensuring that the development would include protective measures for the surrounding area, particularly the residential properties adjacent to the proposed commercial use.

Recreation and Tourism Land Uses - Text Amendment

The Commission discussed a proposed text amendment (ZOTA 2014-4) to define and regulate recreation and tourism uses across zoning districts. 1:21:14

Key Participants

The discussion involved Commission members Tracy Wade, Chris King, Patrick Brewer, David Drake, Carolyn Richardson, Mike Cravens, and Will Berkley.

Discussion and Concerns

The Commission engaged in extensive debate regarding the proposed amendment. Central to the discussion were concerns about over-regulation and the need to balance agricultural preservation with economic development opportunities. Members raised questions about how the text amendment would affect existing and future recreation and tourism activities across different zoning districts.

Outcome

The Commission postponed the item, indicating that further consideration and refinement of the proposal would be needed before moving forward with a vote or approval.

Amendment to Article 17-7(k) - Multi-Tenant Sign Panels in B-6P Zone

The Commission reviewed a proposal to amend Article 17-7(k) to allow multi-tenant panels on freestanding signs in the B-6P zone. 2:31:05

Presentation and Recommendation

Staff presented the amendment with a recommendation for approval, subject to specific conditions. The proposal would permit shopping centers in the B-6P zone to display tenant information on freestanding signs alongside the shopping center identification.

Key Conditions

Staff recommended approval with the following conditions to maintain sign hierarchy and readability:

• The shopping center name must remain dominant, occupying at least 60% of the sign panel
• Tenant panels must be legible from a distance of 200 feet

Key Speakers

The discussion involved Tracy Wade, Elizabeth Pitchford, and Dick Murphy.

Outcome

The Commission approved the amendment to Article 17-7(k).

Resolution Encouraging Environmental Inspector Position

The Commission considered Resolution 0073-26, which encouraged the Urban County Council to include an environmental inspector position in the 2016 budget. The resolution aimed to support compliance with commercial landscaping and greenway maintenance requirements.

Key speakers on this item included Carolyn Plumlee and Chris King. 2:47:58

The resolution was approved by the Commission.