Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on February 22, 2018, 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 Bill Wilson presiding as the meeting officer. The commission addressed two agenda items during the session, both of which were approved following deliberation. The meeting included four motions and votes as commissioners worked through the Harper Woods Development Plan and ZOTA 2018-1, an amendment to Article 8-1 regarding accessory structures for places of worship. No public comments were heard during this session, allowing the commission to focus on the technical aspects of the development plan and zoning text amendment before them.

Attendance

The following members were present at the February 22, 2018 meeting:

• Bill Wilson
• Headley Bell (arrived late)
• Will Berkley
• Patrick Brewer
• Mike Cravens
• Larry Forester
• Karen Mundy
• Mike Owens
• Carolyn Plumlee
• Carolyn Richardson

Absent: • Frank Penn

Late Arrival: • Headley Bell

Ten members attended the meeting, with one member absent and one member arriving late.

Votes and Decisions

The meeting included four roll call votes, all related to development and zoning matters.

Harper Woods Development Plan (PLN-MJDP-18-00001)

The commission voted on three separate motions related to the Harper Woods development plan, all made by Mike Cravens and seconded by Carolyn Richardson.

The first motion approved the Harper Woods development plan 2:30. The vote passed unanimously 10-0, with all commissioners voting in favor: Bill Wilson, Headley Bell, Will Berkley, Patrick Brewer, Mike Cravens, Larry Forester, Karen Mundy, Mike Owens, Carolyn Plumlee, and Carolyn Richardson. The approval was subject to 18 conditions provided by staff.

The second motion addressed findings for use of access easement for Harper Woods 3:45. This motion passed 9-1, with Carolyn Plumlee casting the sole dissenting vote. The remaining nine commissioners voted in favor. The approval included recommendations of the Urban Forester.

The third motion concerned a waiver of Land Subdivision Regulations for Harper Woods 4:30. This motion passed 8-2, with Mike Owens and Carolyn Plumlee voting against. The eight commissioners voting in favor were Bill Wilson, Headley Bell, Will Berkley, Patrick Brewer, Mike Cravens, Larry Forester, Karen Mundy, and Carolyn Richardson. The waiver was granted per the applicant's request.

Zoning Text Amendment (ZOTA 2018-1)

The final vote addressed an amendment to Article 8-1 regarding accessory structures for places of worship 6:15. Motion by Mike Cravens, seconded by Carolyn Richardson, the amendment passed 7-1. Karen Mundy cast the sole vote against, while Bill Wilson, Headley Bell, Will Berkley, Patrick Brewer, Mike Cravens, Larry Forester, and Carolyn Richardson voted in favor. The amendment limits accessory structures to 35% of the principal structure or 3,500 square feet, whichever is smaller.

Contested Items

Two items generated significant debate during the February 22, 2018 meeting, resulting in divided opinions among board members.

Harper Woods Development Plan

The approval of a waiver for the Harper Woods development plan proved controversial, ultimately passing with a narrow 8-2 split vote. The contentious nature of this item suggests substantial disagreement among board members regarding the merits of granting the requested waiver, though the specific concerns raised by the dissenting members were not detailed in the available materials.

ZOTA 2018-1: Amendment to Article 8-1

A proposed zoning text amendment to Article 8-1 sparked heated discussion among board members. The debate centered on potential unintended consequences that could arise from allowing accessory structures for places of worship. Board members expressed concerns about how this amendment might be interpreted or applied in ways that were not originally intended, leading to extended deliberation on the language and scope of the proposed changes.

The intense discussion around ZOTA 2018-1 indicates that board members were grappling with the balance between accommodating religious institutions' needs for accessory structures while ensuring the amendment would not create loopholes or applications beyond its intended purpose. The outcome of this contentious item was not specified in the available information.

Both contested items highlight the board's careful consideration of development and zoning matters, with members willing to engage in thorough debate when they have concerns about potential impacts or implementation issues.

Harper Woods Development Plan

The Harper Woods Development Plan was presented for approval during agenda item IV.1.a 1:00. The discussion focused on various technical aspects and conditions required for the development's approval.

Key speakers Tom Martin and Jacob Walbourn led the presentation and discussion of the development proposal. The conversation centered on several critical infrastructure and environmental considerations that needed to be addressed as part of the approval process.

The primary areas of focus included:

• Drainage systems - Requirements and specifications for proper water management throughout the development
• Street cross-sections - Technical standards and design specifications for roadway construction
• Landscaping requirements - Standards for green space and aesthetic improvements
• Tree preservation - Measures to protect existing vegetation and requirements for new plantings

The discussion involved reviewing the technical details of these various components to ensure they met municipal standards and regulatory requirements. The speakers addressed how each element would be implemented and maintained as part of the overall development plan.

Following the presentation and discussion of the various conditions and requirements, the Harper Woods Development Plan received approval. The approval was contingent upon meeting all the specified conditions related to drainage, street design, landscaping, and tree preservation that were outlined during the meeting.

The successful approval of this agenda item allows the Harper Woods development to move forward to the next phase of the planning and construction process, with the understanding that all discussed conditions must be satisfied.

ZOTA 2018-1: Amendment to Article 8-1 for Accessory Structures for Places of Worship

5:00

The board discussed a proposed text amendment to the zoning ordinance that would modify regulations for accessory structures at places of worship. The amendment, designated as ZOTA 2018-1, focuses on allowing certain types of accessory structures without permanent walls at religious facilities.

Key speakers Traci Wade and Dick Murphy presented the proposal, which would permit places of worship to construct accessory structures without permanent walls, provided these structures do not exceed 35% of the principal structure's floor area. This size limitation serves as a regulatory control to ensure accessory structures remain subordinate to the main worship facility.

The amendment addresses a specific need within religious communities for flexible outdoor or semi-permanent structures that can accommodate various worship activities, events, or gatherings while maintaining appropriate scale relative to the primary building. By removing the permanent wall requirement, the ordinance would provide places of worship with greater flexibility in their facility planning and use.

The discussion centered on balancing the religious institutions' operational needs with zoning standards that maintain community character and appropriate development patterns. The 35% floor area limitation ensures that accessory structures remain truly accessory in nature rather than becoming competing primary structures on the property.

Following the presentation and discussion, the board approved the text amendment. This approval allows the zoning ordinance to be updated to reflect the new provisions for accessory structures at places of worship, providing religious institutions with expanded options for facility development while maintaining appropriate regulatory oversight through the size restrictions.