Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on January 26, 2017, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with William Wilson presiding as the meeting officer. The commission addressed five agenda items during the session, including the approval of minutes, postponements and withdrawals, and three substantive zoning matters. All agenda items were approved by the commission, with a total of eight motions and votes taken throughout the meeting. The commission also heard three public comments during the proceedings, allowing community input on the matters under consideration.

Attendance

The following members were present at the January 26, 2017 meeting:

• William Wilson
• Will Berkley
• Mike Cravens
• David Drake
• Karen Mundy
• Mike Owens
• Carolyn Plumlee
• Carolyn Richardson
• Joseph Smith

Absent: • Patrick Brewer • Frank Penn

No members arrived late to the meeting. Nine members were present and two were absent.

Votes and Decisions

The commission took action on eight items during the January 26, 2017 meeting, with most passing unanimously.

Minutes Approval 0:02 Carolyn Plumlee motioned to approve the December 15, 2016 meeting minutes, seconded by Karen Mundy. The motion passed unanimously 9-0.

Case PLN-MAR-16-00018 0:15 The James D. Baker Zoning Map Amendment & Bluegrass Executive Park, Unit 1-C was withdrawn on a motion by Carolyn Plumlee, seconded by Karen Mundy. The withdrawal was approved unanimously 9-0.

ZOTA 2016-5 0:10 Mike Cravens motioned to postpone the Amendment to Article 23A-10: Supportive Uses as a Special Provision in the Economic Development (ED) Zone, seconded by Carolyn Richardson. The postponement to March 23, 2017 was approved unanimously 9-0.

Case PLN-MAR-16-00016 4:30 The Ball Homes, Inc. Zoning Map Amendment & The Peninsula Zoning Development Plan passed 8-1 on a motion by Will Berkley, seconded by Mike Cravens. Voting in favor: William Wilson, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Mike Owens, Carolyn Richardson, and Joseph Smith. Carolyn Plumlee voted against. The approval included a 25-foot buffer from the zone line.

Case PLN-MJDP-16-00040 4:45 The Peninsula Development Plan approval passed 8-1 on a motion by Will Berkley, seconded by Carolyn Richardson. The same voting pattern occurred, with Carolyn Plumlee as the sole dissenting vote. Approval included revised condition #12 for zone line boundary setback.

Case PLN-MAR-16-00025 6:30 The David Meyers, Kentucky Lodging and Development Co., Inc. Zoning Map Amendment passed unanimously 9-0 on a motion by Mike Cravens, seconded by Carolyn Richardson.

Case PLN-MJDP-16-00053 6:45 The Hospitality Motor Inns, Inc. & BP Oil Co., Inc. (Dollar General) Development Plan passed unanimously 9-0 on a motion by Mike Cravens, seconded by Carolyn Richardson, with revised staff recommendations.

ZOTA 2017-1 7:00 The Market Gardens Zoning Ordinance Text Amendment passed unanimously 9-0 on a motion by Mike Owens, seconded by David Drake.

Public Comment

Three residents addressed the board during the public comment period, raising concerns about environmental protection, stormwater management, and traffic impacts related to a proposed development.

Dr. Dan Potter 2:30 spoke about the environmental impact of the proposed development, specifically focusing on potential pesticide runoff from residential lawns. Dr. Potter expressed concerns about contamination risks to the local reservoir and recommended implementing a 100-foot buffer zone to provide adequate protection for the water source.

Ken Cook 3:15 addressed stormwater management issues associated with the development project. Cook discussed the current stormwater management plan and provided his recommendation for establishing a 50-foot vegetative buffer measured from the high water mark to help manage runoff and protect water quality.

Bob Kennedy 3:45 raised concerns about the traffic implications of the proposed development. Kennedy emphasized the potential for increased vehicle traffic in the area and stressed the need for conducting a comprehensive traffic study to assess the impact on local roads and traffic patterns before proceeding with the project.

All three speakers focused on different aspects of the same development proposal, highlighting environmental protection, water quality management, and transportation infrastructure as key areas requiring careful consideration and mitigation measures.

Contested Items

The meeting featured one significant contested item that drew substantial community opposition.

Ball Homes, Inc. Zoning Map Amendment

The proposed zoning map amendment by Ball Homes, Inc. encountered significant resistance from community members during the public hearing process. The primary areas of disagreement centered on three key concerns:

• Environmental Impact: Community members expressed concerns about the potential environmental consequences of the proposed development, though specific environmental issues were not detailed in the available records.

• Traffic Concerns: Residents raised objections about increased traffic that would result from the development, indicating worries about congestion and safety impacts on existing roadways.

• Development Density: Opposition was voiced regarding the density of the proposed development, suggesting community members felt the project was too intensive for the area.

The nature of the opposition was characterized as community-wide, indicating that multiple residents and stakeholders participated in voicing their concerns about the zoning amendment request. The opposition represented broader community sentiment rather than isolated individual complaints.

While the specific outcome of this contested item is not detailed in the available meeting records, the significant level of community opposition suggests this was a major point of discussion during the meeting proceedings. The zoning map amendment request required careful consideration of the community concerns raised during the public input process.

*Note: Specific transcript timestamps are not available for this contested item discussion.*

Approval of Minutes

0:02 The meeting began with the review and approval of minutes from the December 15, 2016 meeting. Carolyn Plumlee and Karen Mundy were the key participants in this agenda item discussion.

The minutes from the previous meeting were presented for the board's consideration and review. Following the standard procedural process, the minutes were examined by the attendees to ensure accuracy and completeness of the recorded proceedings from December 15, 2016.

After review, the minutes were formally approved without any noted corrections or amendments. This approval allows the December 15, 2016 meeting minutes to become part of the official record.

Postponements and Withdrawals

0:10

The meeting addressed requests for postponement and withdrawal of certain zoning items during this agenda item. Dick Murphy and Rory Kahly served as the key speakers for this discussion.

The agenda item involved consideration of various requests to either postpone or withdraw specific zoning matters that had been scheduled for review. While the extracted data does not provide details about the specific zoning cases involved or the reasons for the requested postponements and withdrawals, the discussion resulted in approval of the requests presented.

The outcome indicates that the requested postponements and withdrawals were approved by the body, allowing the affected zoning items to be either delayed to a future meeting date or removed from consideration entirely, depending on the nature of each individual request.

This type of procedural agenda item is common in zoning and planning meetings, as applicants may need additional time to prepare materials, address concerns, or may choose to withdraw applications for various reasons.

Ball Homes, Inc. Zoning Map Amendment & The Peninsula Zoning Development Plan

4:30

The council considered a zoning map amendment for Ball Homes, Inc. regarding The Peninsula development project. The proposal sought to rezone property from Agricultural Urban to a combination of Planned Neighborhood Residential and High Density Apartment zones.

Bill Lear and Nathan Billings served as key speakers during the discussion of this agenda item. The presentation covered the details of the proposed zoning changes and the development plans for The Peninsula project.

Following deliberation, the council approved the zoning map amendment with conditions. The specific conditions attached to the approval were not detailed in the available materials, but the conditional approval suggests the council had specific requirements or modifications they wanted incorporated into the development plan.

This zoning change represents a shift from agricultural use to residential development, allowing Ball Homes, Inc. to proceed with their planned neighborhood and apartment complex development under the new zoning classifications.

David Meyers, Kentucky Lodging and Development Co., Inc. Zoning Map Amendment

6:30

The commission considered a zoning map amendment request from David Meyers on behalf of Kentucky Lodging and Development Co., Inc. The proposal sought to rezone property from Interchange Service Business to Highway Service Business zone.

Tanner Nichols presented the item to the commission, providing details about the requested zoning change. The amendment would allow for different permitted uses under the Highway Service Business classification compared to the current Interchange Service Business zoning.

The commission discussed the merits of the zoning amendment request during their deliberations. No significant concerns or objections were raised regarding the proposed change from Interchange Service Business to Highway Service Business zoning.

Following the presentation and discussion, the commission voted to approve the zoning map amendment for Kentucky Lodging and Development Co., Inc. The approval allows the property to be rezoned as requested, enabling development under the Highway Service Business zoning classification.

Market Gardens Zoning Ordinance Text Amendment

7:00

The Urban County Council considered agenda item 5, a text amendment to define and regulate market gardens throughout Lexington-Fayette County. Traci Wade served as the key speaker for this ordinance discussion.

The proposed text amendment aimed to establish clear definitions and regulatory framework for market gardens within the county's zoning ordinance. This ordinance would provide guidance for the operation and permitting of market garden facilities across various zoning districts in Lexington-Fayette County.

The council approved the Market Gardens Zoning Ordinance Text Amendment, allowing for the formal integration of market garden regulations into the county's zoning code. This approval establishes the legal framework for market garden operations and their oversight within the jurisdiction.

The ordinance represents an effort to address agricultural activities within the urban and suburban areas of Lexington-Fayette County, providing property owners and operators with clear guidelines for establishing and maintaining market garden operations while ensuring compliance with local zoning requirements.