Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 25, 2015, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting, which included nine agenda items and resulted in seven motions and votes. The Commission heard six public comments during the meeting.

The Commission approved the minutes from the previous meeting and took action on several zoning matters. Two significant zoning amendments were approved: ZOTA 2014-4 regarding Recreation and Tourism Land Uses, and ZODA 2015-6, which amended Article 17 concerning Construction Screening Signage and Identification Signs. The Commission also considered a zoning map amendment and subdivision zoning development plan for Dr. Michael Gentry's Cadentown Subdivision, which was postponed. Additionally, the Commission addressed postponements and withdrawals, reviewed land subdivision items, and heard informational reports on Commission and Staff items.

Attendance

The following individuals were present at the meeting on June 25, 2015:

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

No absences or late arrivals were recorded.

Votes and Decisions

MARV 2015-8: Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan 19:37

Motion by Mike Cravens, seconded by Carolyn Richardson, to postpone to July 23, 2015. Outcome: Postponed by voice vote.

ZOTA 2014-4: Recreation and Tourism Land Uses – Continuation Motion 30:55

Motion by Frank Penn, seconded by Carolyn Plumlee, to continue to September 24, 2015. Outcome: Failed by roll call vote, 5 ayes to 6 nays.

Voted for: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Richardson, Joe Smith

Voted against: Patrick Brewer, Frank Penn, Carolyn Plumlee, Mike Owens, William Wilson

ZODA 2015-6: Identification Signs in Business and Industrial Zones – Postponement 37:43

Motion by Mike Cravens, seconded by Carolyn Richardson, to postpone the portion related to identification signs in business and industrial zones. Outcome: Postponed by voice vote.

ZODA 2015-6: Amendment to Article 17 – Construction Screening Signage and Identification Signs 1:30:08

Motion by Carolyn Mundy, seconded by Mike Cravens, to approve the staff and applicant alternative. Outcome: Passed by voice vote. Condition: Signage shall not be displayed along an agriculturally or residentially zoned property boundary.

ZOTA 2014-4: Recreation and Tourism Land Uses – Amendment 2:16:15

Motion by Mike Cravens, seconded by Carolyn Mundy, to amend to make six specified uses principal permitted uses and all others conditional. Outcome: Passed by roll call vote, 6 ayes to 5 nays.

Voted for: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Joe Smith

Voted against: Patrick Brewer, Frank Penn, Carolyn Plumlee, Carolyn Richardson, William Wilson

ZOTA 2014-4: Recreation and Tourism Land Uses – Final Approval 2:31:51

Motion by Mike Cravens, seconded by Carolyn Mundy, to approve as amended. Outcome: Passed by roll call vote, 6 ayes to 5 nays.

Voted for: Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Joe Smith

Voted against: Patrick Brewer, Frank Penn, Carolyn Plumlee, Carolyn Richardson, William Wilson

Subdivision Regulation Amendment – Environmentally Sensitive Area Definition 2:33:35

Motion by Mike Cravens, seconded by Carolyn Mundy, to approve amendment to subdivision regulation to define environmentally sensitive area. Outcome: Passed by voice vote.

Public Comment

Six members of the public provided comments on three separate agenda items.

MARV 2015-8 Postponement Request

Richard Murphy spoke at [0:18:59] representing Dr. Michael Gentry, requesting a one-month postponement of MARV 2015-8 to allow time to pursue the purchase of adjacent property.

ZODA 2015-6 Construction Screening Signs

Jacob Walburn spoke at [1:00:09] in support of ZODA 2015-6 construction screening signs. He argued that such signs enhance safety, security, and community aesthetics while providing useful information about upcoming developments.

Mark Yates spoke at [1:14:23], seconding Walburn's remarks and emphasizing the practical benefits and business value of the proposed signage.

ZOTA 2014-4 Text Amendment

The proposed text amendment to ZOTA 2014-4 generated divided public opinion.

Frank Penn spoke at [1:31:16] in opposition, arguing that the amendment fundamentally alters the intent of the A-N zone and calling for a postponement to reassess its impact.

Patrick Brewer spoke at [1:38:14], also expressing opposition. He raised concerns that the amendment changes the intent of the A-N zone and undermines environmental protections by allowing commercial uses by right.

Carolyn Richardson spoke at [1:49:19] in support of ZOTA 2014-4, defending the proposed text amendment as consistent with the intent of the A-N zone and emphasizing environmental stewardship and responsible development.

Contested Items

The June 25, 2015 meeting included two items that generated significant disagreement among commissioners and staff.

ZOTA 2014-4: Recreation and Tourism Land Uses

This amendment proved deeply divisive among commission members. The core disagreement centered on whether the proposed changes altered the fundamental intent of the A-N zone. The commission split nearly evenly, with six members voting to approve the amendment and five opposing it. The close vote reflected fundamental differences in how commissioners interpreted the amendment's impact on the zone's character and permitted uses.

ZODA 2015-6: Construction Screening Signage

This item generated heated discussion focused on practical design concerns. Commissioners, staff, and the applicant debated three key aspects of the proposed construction screening signs: their size, their placement, and the potential for visual clutter they might create in the area. Staff and the applicant put forward different solutions to address these concerns, indicating that multiple approaches were under consideration to balance the need for construction screening with aesthetic and visibility considerations.

Call to Order

The meeting was called to order at 1:30 p.m. by Chair Mike Owens in the Council Chamber at the LFUCG Government Center. 0:00

Approval of Minutes

A motion to approve the minutes from the May 28, 2015 meeting was presented at this June 25, 2015 meeting. 18:27

Karen Mundy made the motion to approve the minutes, and Mike Cravens seconded it. The motion passed unanimously.

Postponements and Withdrawals

During this agenda item, the board considered three motions related to postponing and withdrawing applications.

Actions Taken

A motion to postpone MARV 2015-8 was approved. Additionally, a motion to postpone part of ZODA 2015-6 was approved.

A motion to continue ZOTA 2014-4 was defeated.

Key Participants

Mike Cravens, Frank Penn, and Carolyn Mundy were the primary speakers during this discussion.

Outcome

The overall outcome of this agenda item was deferred, with mixed results on the three motions presented.

Land Subdivision Items

The meeting included a review of Subdivision Committee recommendations 31:25. Key speakers on this agenda item were Karen Mundy, Joe Smith, and Frank Penn.

The discussion was informational in nature, with the Subdivision Committee's recommendations presented for review. No action was taken on the agenda items during this session.

Dr. Michael Gentry Zoning Map Amendment & Cadentown Subdivision Zoning Development Plan

19:37

A petition for rezoning and variance was presented regarding the Dr. Michael Gentry property and Cadentown Subdivision. The petition requested rezoning from R-1D to B-4 zoning classification and a variance to reduce the setback requirement from 100 feet to 50 feet.

Richard Murphy addressed the agenda item during the meeting discussion.

The petition was postponed to July 23, 2015, pending the acquisition of adjacent property. No further details regarding the specific concerns or conditions requiring the property acquisition were provided in the available meeting materials.

ZOTA 2014-4: Recreation and Tourism Land Uses

The Commission discussed and voted on proposed amendments to zoning ordinance text regarding recreation and tourism land uses. 2:16:15

Key Participants

The discussion involved Frank Penn, Patrick Brewer, Mike Cravens, and Carolyn Richardson.

Action Taken

After extensive debate, the Commission amended the text to designate six specified uses as principal permitted uses, with all other recreation and tourism uses classified as conditional uses. The Commission then approved the revised package.

Outcome

The agenda item was approved.

ZODA 2015-6: Amendment to Article 17: Construction Screening Signage and Identification Signs

The Commission discussed and approved an amendment to Article 17 regarding construction screening signage and identification signs 1:30:08.

Key Speakers and Presentation

Jacob Walburn, Mark Yates, and Tracy Wade participated in the discussion of this agenda item.

Proposal and Outcome

The Commission approved a staff and applicant alternative proposal that establishes parameters for construction screening signs. Under the approved amendment, construction screening signs are permitted to cover up to 20% of a fence face. The proposal includes specific restrictions on the placement of these signs and requirements for their removal timing.

The outcome of the discussion was approval of the amendment as presented.

Commission Items

This agenda item (VI) was presented as an informational discussion focused on internal processes and staff reports. No formal action was taken during this portion of the meeting.

The discussion centered on matters related to commission operations and administrative updates, though specific details of the presentations and remarks were not documented in the available meeting materials.

Outcome: The item concluded without any formal votes or actions. The purpose was to inform commissioners of ongoing internal matters and staff activities.

Staff Items

31:25

Staff presented activity reports covering multiple departmental functions. Chris King and Tracy Wade led presentations on the following areas:

• Planning Services — Activity report presented
• Zoning Enforcement — Activity report presented
• Long Range Planning — Activity report presented
• Transportation Planning — Activity report presented

This agenda item was informational in nature, with no formal action or debate recorded. The presentations provided updates on ongoing staff activities across the planning and zoning divisions.