Planning Commission Public Hearing - Zoning Items

Summary

Meeting Overview

The Urban County Planning Commission convened on March 27, 2008, at 1:32 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Randall Vaughn presiding as chair. The Commission addressed 10 agenda items during the session, taking 10 votes and hearing 2 public comments throughout the proceedings.

The meeting resulted in a mix of outcomes, with three items being postponed for future consideration and seven items receiving approval. The postponed items included the Tates Creek Heights, LLC Zoning Map Amendment, an amendment to Article 17-7(g) regarding digital advertising signs, and the CMW, Inc. Zoning Map Amendment.

Among the approved items were several development-related matters, including the Ingleside Apartments Final Development Plan, the Woodall Realty Company, LLC Zone Change, and the Magna Entertainment Corporation Preliminary Development Plan. The Commission also approved the U.S. Postal Service Disposal of Surplus Property and initiated two text amendments - one concerning Article 19 Floodplain Conservation & Protection and another to allow the Division of Engineering to issue grading permits. Additionally, the Commission approved an amendment to their own bylaws regarding time limitations for proceedings.

The session demonstrated the Commission's ongoing work in managing urban development, zoning changes, and regulatory updates while balancing public input and procedural requirements in their decision-making process.

Attendance

The Commission meeting on March 27, 2008 had eight members present and three absent.

Present: • Lyle Aten • Mike Cravens • Neill Day • Frank Penn • Carolyn Richardson • Lynn Roche-Phillips • Randall Vaughn • Joan Whitman

Absent: • Linda Godfrey • Ed Holmes • Jim Mahan

No members arrived late to the meeting.

Votes and Decisions

The Commission took action on ten items during the March 27, 2008 meeting, with eight commissioners present for all votes.

Postponements

Three items were postponed by unanimous voice votes. Frank Penn motioned to postpone MAR 2007-9 Tates Creek Heights, LLC to May 22, 2008, seconded by Joan Whitman 2:30. Joan Whitman motioned to postpone ZOTA 2007-8 to June 26, 2008, seconded by Neill Day 6:45. Neill Day motioned to postpone MARV 2008-7 CMW, Inc. to April 24, 2008, seconded by Lyle Aten 9:30. All three motions passed 8-0.

Development Plan Approval

Frank Penn motioned to reaffirm approval of DP 2008-19 Ingleside Apartments with conditions, seconded by Joan Whitman 16:45. The motion passed 8-0 with the condition that access to Devonshire Avenue shall be restricted access with gates, subject to approval by the Division of Fire & Emergency Services.

Zone Change

The most contentious vote involved MAR 2008-2 Woodall Realty Company, LLC zone change. Mike Cravens' motion passed 5-3 in a roll call vote 2:05:00. Voting in favor were Lyle Aten, Mike Cravens, Frank Penn, Lynn Roche-Phillips, and Joan Whitman. Voting against were Neill Day, Carolyn Richardson, and Randall Vaughn.

Additional Approvals

Mike Cravens motioned to approve ZDP 2008-05 Magna Entertainment Corporation with modified conditions, passing 8-0 2:45:00. Lynn Roche-Phillips motioned to approve PFR 2008-1 U.S. Postal Service disposal of surplus property, passing 8-0 subject to encroachment agreements and consolidation plan 3:15:00.

Text Amendments and Bylaws

The Commission unanimously approved initiating two text amendments: Frank Penn motioned for Article 19 Floodplain Conservation & Protection 3:30:00, and Mike Cravens motioned to allow the Division of Engineering to issue grading permits 3:35:00. Finally, Carolyn Richardson's motion to approve changes to the Commission's bylaws passed 8-0 3:45:00.

Public Comment

Two community members spoke during the public comment period to express opposition to a proposed zone change.

Reverend Polk 2:20:00 addressed the Commission regarding concerns about a proposed zone change near Imani Baptist Church. Reverend Polk outlined potential negative impacts the zone change could have on the church's activities and the surrounding community.

Cynthia Bryant 2:25:00, a resident of Polk Lane, also spoke in opposition to the zone change. Bryant stated that the proposed change was not conducive for families in the area. She additionally raised concerns about the notification process, indicating that she had not received proper notifications regarding the zone change proposal.

Both speakers focused their comments on the same zone change proposal, presenting unified community opposition based on concerns about family-friendly development and impacts on local religious institutions.

Appointments

The Commission made three appointments to the Housing Market Study Selection Committee during the March 27, 2008 meeting.

The following individuals were appointed to serve on the Housing Market Study Selection Committee:

• Carolyn Richardson - appointed to the Housing Market Study Selection Committee
• Joan Whitman - appointed to the Housing Market Study Selection Committee
• Lyle Aten - appointed to the Housing Market Study Selection Committee

These appointments establish the membership of the Housing Market Study Selection Committee, which will be responsible for evaluating and selecting consultants or firms to conduct a housing market study for the community.

Contested Items

Two items on the March 27, 2008 Commission agenda generated significant debate and opposition.

Woodall Realty Company, LLC Zone Change

The Commission faced a divided decision on a zone change request from Woodall Realty Company, LLC to rezone property from R-3 (residential) to I-1 (industrial). The proposal ultimately passed with a narrow 5-3 vote, highlighting a clear split among commission members regarding the appropriateness of converting residential zoning to industrial use. The close margin suggests substantial disagreement about the potential impacts of allowing industrial development in what was previously designated for residential purposes.

Magna Entertainment Corporation Preliminary Development Plan

The Magna Entertainment Corporation's preliminary development plan encountered strong community opposition during the meeting. Local residents voiced concerns about the proposed development's potential negative effects on their neighborhood. Reverend Polk and Cynthia Bryant were among the community members who spoke against the plan, specifically citing worries about how the development would impact nearby church activities and the overall character of the area.

The community opposition centered on concerns that the proposed development would be incompatible with existing neighborhood uses, particularly religious facilities and their associated activities. Residents appeared concerned about potential disruptions to established community patterns and the precedent such a development might set for future projects in the area.

Both contested items reflect common municipal planning tensions between development interests and community preservation concerns, with the Woodall Realty zone change showing division within the Commission itself, while the Magna Entertainment plan faced organized community resistance from affected residents and religious leaders.

Tates Creek Heights, LLC Zoning Map Amendment

2:30

The Commission considered a petition from Tates Creek Heights, LLC for a zone map amendment involving property currently zoned as Neighborhood Business (B-1) with conditional zoning restrictions. The petitioner sought to modify the existing conditional zoning restrictions while maintaining the B-1 zoning classification.

Dick Murphy served as the key speaker presenting information about this zoning amendment request. The petition represented a relatively narrow scope of change, as it did not involve rezoning to a different zoning category but rather sought modifications to the specific conditional restrictions that currently govern the B-1 zoned property.

The Commission ultimately decided to postpone consideration of this zoning map amendment. No details were provided in the available materials regarding the specific nature of the conditional zoning modifications being requested, the reasons for the postponement, or when the item might return to the Commission for further consideration.

This type of conditional zoning modification typically involves adjustments to development standards, permitted uses, or operational restrictions that were previously negotiated as part of the original zoning approval, while keeping the underlying B-1 Neighborhood Business zoning classification intact.

Amendment to Article 17-7(g) to Allow Advertising Signs to Use Digital Technology

6:45

The Commission considered a petition for a zoning ordinance text amendment that would allow advertising signs, commonly known as billboards, to incorporate digital technology under Article 17-7(g) of the zoning code.

Dick Murphy served as the key speaker presenting this agenda item to the Commission. The proposed amendment would modify existing regulations governing advertising signage to permit the use of digital displays and electronic messaging capabilities on billboard structures.

The Commission ultimately decided to postpone action on this zoning ordinance text amendment. No immediate vote was taken on the proposal, indicating that additional review, discussion, or information gathering may be needed before the Commission is prepared to make a final determination on allowing digital technology for advertising signs.

The postponement suggests that commissioners may have had questions about the technical specifications, potential visual impact, safety considerations, or other regulatory aspects of permitting digital billboard technology within the current zoning framework. The item will likely return to a future Commission meeting agenda for further consideration once any outstanding issues are addressed.

CMW, Inc. Zoning Map Amendment

9:30

The Commission considered a petition from CMW, Inc. requesting a zoning map amendment to change property from Mixed Use 2 – Neighborhood Corridor (MU-2) zone to Downtown Frame Business (B-2A) zone.

Brian Hill served as the key speaker for this agenda item, presenting the zoning change request to the Commission.

The Commission ultimately decided to postpone action on the CMW, Inc. zoning map amendment rather than approve or deny the petition at this meeting. No further details about the specific reasons for postponement or timeline for future consideration were provided in the available meeting materials.

This zoning change would have represented a shift from a mixed-use designation that typically allows residential and commercial uses in neighborhood corridor settings to a downtown business zone classification that generally permits more intensive commercial activities within the downtown frame area.

Ingleside Apartments Final Development Plan

16:45

The Commission considered a resolution to reaffirm approval of the final development plan for Ingleside Apartments, with specific conditions regarding access to Devonshire Avenue.

Chris King served as the key speaker for this agenda item, presenting the details of the development plan to the Commission.

The resolution focused on reaffirming the previously approved final development plan while establishing specific conditions related to access arrangements for Devonshire Avenue. The development plan had apparently received prior approval, but required this reaffirmation with the additional access-related stipulations.

The Commission approved the resolution, formally reaffirming the Ingleside Apartments final development plan with the specified conditions regarding Devonshire Avenue access.

Woodall Realty Company, LLC Zone Change

2:05:00

The Commission considered a zone change request from Woodall Realty Company, LLC to rezone property located at 2040 Sandersville Road from Planned Neighborhood Residential (R-3) to Light Industrial (I-1).

John Woodall spoke on behalf of the application during the public hearing portion of the meeting.

The Commission approved the ordinance to change the zoning designation for the property at 2040 Sandersville Road from R-3 to I-1 as requested.

*Note: The meeting transcript and additional details about the discussion, concerns raised, or specific reasons for approval were not available in the provided materials.*

Magna Entertainment Corporation Preliminary Development Plan

2:45:00 The Commission considered a resolution to approve the preliminary development plan for Magna Entertainment Corporation with conditions.

Tom Martin served as the key speaker presenting this agenda item to the Commission. The proposal involved reviewing and potentially approving Magna Entertainment Corporation's preliminary development plan, which required Commission authorization to proceed.

The agenda item was structured as a resolution requiring formal Commission action. While the specific details of the development plan, conditions attached to the approval, and any discussion points were not detailed in the available materials, the Commission ultimately moved forward with the proposal.

The Commission approved the Magna Entertainment Corporation preliminary development plan with the conditions as presented. This approval allows the company to advance to the next phase of their development process under the terms and conditions established by the Commission.

The resolution format indicates this was a significant development proposal requiring formal Commission oversight and approval before the project could proceed further in the development process.

U.S. Postal Service Disposal of Surplus Property

3:15:00

The Commission reviewed a Public Facility Review for the U.S. Postal Service's disposal of surplus property located at 1088 Nandino Boulevard. Barbara Rackers presented the item to the Commission.

The review concerned the Postal Service's plan to dispose of property that had been deemed surplus to their operational needs. As part of the public facility review process, the Commission was required to evaluate the proposed disposal to ensure compliance with applicable regulations and procedures.

The Commission approved the U.S. Postal Service's disposal of the surplus property at 1088 Nandino Boulevard. No significant concerns or objections were raised during the discussion of this item.

This approval allows the U.S. Postal Service to proceed with disposing of the property in accordance with their surplus property disposal procedures and federal regulations governing the sale or transfer of government-owned real estate.

Initiation of Text Amendment for Article 19 Floodplain Conservation & Protection

3:30:00

The Commission considered initiating a text amendment to Article 19 of the zoning ordinance regarding Floodplain Conservation & Protection. Chris King presented the item, which involves updating the effective date of Flood Insurance Rate Maps (FIRM) following the acceptance of new maps by the Federal Emergency Management Agency (FEMA).

The proposed text amendment is necessary to ensure the county's floodplain regulations remain current with the most recent FEMA flood mapping data. When FEMA updates and accepts new Flood Insurance Rate Maps, local jurisdictions must correspondingly update their ordinances to reference the correct effective dates of these maps to maintain compliance with federal flood insurance requirements.

The Commission approved the initiation of this text amendment, allowing staff to proceed with the formal amendment process. This procedural step enables the county to begin the required public hearing process and formal review of the proposed changes to Article 19.

The amendment represents a routine administrative update required to maintain the county's participation in the National Flood Insurance Program and ensure property owners have access to federal flood insurance coverage.

Initiation of Text Amendment to Allow Division of Engineering to Issue Grading Permits

3:35:00

The Commission considered initiating a text amendment to transfer the authority for issuing grading permits from the Division of Building Inspection to the Division of Engineering.

Traci Wade presented the proposed text amendment, which would reorganize the administrative structure for grading permit issuance. The amendment seeks to move this responsibility from the Division of Building Inspection to the Division of Engineering, presumably to better align the permitting process with the technical expertise required for grading oversight.

The Commission approved the initiation of this text amendment, allowing staff to proceed with the formal amendment process. This approval represents the first step in what will likely be a multi-stage process to modify the relevant municipal code sections governing grading permits.

The transfer of grading permit authority to the Division of Engineering would represent a shift in how the city manages construction-related permitting, potentially streamlining the process by placing grading oversight under the department most directly involved with engineering and infrastructure considerations.

Amendment to Commission's Bylaws for Time Limitations

3:45:00

The Commission considered an amendment to its bylaws establishing time limitations for presentations related to zoning changes, Comprehensive Plan amendments, and development or subdivision plans.

Chris King presented the proposed bylaw amendment, which would create structured time limits for various types of presentations before the Commission. The amendment specifically addressed presentations concerning:

• Proposed zoning changes
• Comprehensive Plan amendments
• Development plans
• Subdivision plans

The proposed time limitations were designed to improve meeting efficiency and ensure consistent procedures for public presentations and developer proposals. By establishing clear time parameters, the Commission aimed to better manage meeting duration while still allowing adequate opportunity for stakeholders to present their cases.

The amendment represents a procedural change to formalize presentation protocols that would apply to future Commission meetings when these types of land use matters are considered.

Following discussion of the proposed bylaw changes, the Commission voted to approve the amendment. The new time limitation provisions will be incorporated into the Commission's official bylaws and will govern future presentations on zoning, comprehensive planning, and development matters.