Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on March 28, 2019, 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 Mike Owens presiding as the meeting officer. The commission addressed three major agenda items during the session, taking a total of five votes throughout the proceedings. The meeting included three public comment periods, allowing community members to provide input on the matters under consideration. All three primary agenda items were approved by the commission, including the Distillery District - West, Unit 1 adaptive reuse project, the establishment of the Pensacola Park Neighborhood Local Historic District overlay zone, and the initiation of zoning ordinance text amendments to update sign regulations under Article 17.

Attendance

Present: • Mike Owens • Will Berkley • Patrick Brewer • Karen Mundy • Bruce Nicol • Carolyn Plumlee • Graham Pohl

Absent: • Headley Bell • Larry Forester • Frank Penn • Bill Wilson

Late: • None

Seven members were present for the March 28, 2019 meeting, with four members absent. No members arrived late to the meeting.

Votes and Decisions

The planning commission took action on five items during the March 28, 2019 meeting, with all votes passing unanimously with all seven members present.

Postponements

The commission voted to postpone two zoning matters. Karen Mundy motioned to postpone the Clover Communities Zoning Map Amendment & Baptist Church of Andover Zoning Development Plan (PLN-MAR-19-00001), seconded by Carolyn Plumlee 0:30. The motion passed unanimously 7-0, with Mike Owens, Will Berkley, Patrick Brewer, Karen Mundy, Bruce Nicol, Carolyn Plumlee, and Graham Pohl all voting in favor.

Similarly, Mundy motioned to postpone the Trust Equity, LLC Zoning Map Amendment & James RB MacCoum Zoning Development Plan (PLN-MAR-19-00002), seconded by Graham Pohl 1:30. This also passed unanimously 7-0 with the same voting members.

Approvals

The commission approved the Distillery District - West, Unit 1 (Adaptive Reuse Project) (PLN-MJDP-18-00090) on a motion by Will Berkley, seconded by Patrick Brewer 2:30. The unanimous 7-0 approval included 14 conditions, including a revised condition #17.

Initiations

Two zoning initiatives were approved. Karen Mundy motioned to initiate the Pensacola Park Neighborhood Local Historic District (H-1) Overlay Zone, seconded by Graham Pohl 3:30. The unanimous 7-0 vote granted an extra 90 days if necessary for the process.

Finally, Patrick Brewer motioned to initiate a Zoning Ordinance Text Amendment to Update Article 17 – Sign Regulations, seconded by Bruce Nicol 4:30. This passed unanimously 7-0 with no additional conditions.

All votes included the same seven commission members: Mike Owens, Will Berkley, Patrick Brewer, Karen Mundy, Bruce Nicol, Carolyn Plumlee, and Graham Pohl.

Public Comment

Three speakers addressed the meeting during the public comment period, with two requesting postponements for zoning matters and one expressing support for a historic overlay designation.

Postponement Requests

Nick Nicholson spoke first, requesting a one-month postponement for the Clover Communities zoning map amendment 0:15. Nicholson explained that the delay would allow planning staff adequate time to review a revised application that had been submitted.

Nathan Billings followed with a similar request for the Trust Equity zoning map amendment 1:00. Billings cited the need for additional time to address outstanding tree preservation and engineering concerns related to the project before proceeding with consideration.

Historic Overlay Support

Candace Wallace addressed the proposed H-1 Overlay Zone for Pensacola Park 5:30. Wallace voiced strong support for the historic overlay designation, emphasizing the historic character and significance of the neighborhood. She stressed the importance of preservation measures to maintain the area's historic integrity and urged the meeting body to approve the overlay zone to protect these valuable community assets.

The public comment period focused primarily on procedural matters, with two of the three speakers seeking additional time for project review and refinement rather than opposing the underlying proposals. The support expressed for the Pensacola Park historic overlay highlighted community interest in preservation efforts for historically significant neighborhoods.

Contested Items

The primary contested item during this meeting involved the Pensacola Park H-1 Overlay designation, which faced community opposition from affected property owners.

Pensacola Park H-1 Overlay Opposition

Property owners along Nicholasville Road expressed opposition to the inclusion of their properties within the proposed H-1 Overlay Zone. The H-1 Overlay designation typically imposes additional regulatory requirements and restrictions on properties to preserve historic character or implement specific development standards.

The disagreement centered on property owners' concerns about how the overlay zone would affect their property rights and potential development opportunities. Property owners along the Nicholasville Road corridor objected to having their parcels included within the boundaries of the proposed overlay district.

The nature of the opposition suggests that affected property owners were not adequately consulted during the initial planning process or disagreed with the rationale for including their properties in the overlay zone. Such overlays can impact property values, limit renovation options, and require additional approvals for modifications or new construction.

The outcome of this opposition and how the city council addressed the property owners' concerns is not specified in the available meeting data. Typically, such disputes may result in boundary modifications to the proposed overlay, additional public hearings, or amendments to the overlay requirements to address specific property owner concerns.

This type of zoning dispute is common in municipal planning processes, where balancing community development goals with individual property rights often creates tension between city planning objectives and property owner interests.

Distillery District - West, Unit 1 (Adaptive Reuse Project) (AMD)

2:00

The commission discussed agenda item PLN-MJDP-18-00090, an amendment to revise the development and parking plans for the Distillery District - West, Unit 1 adaptive reuse project located at 1158 and 1170 Manchester Street.

Key speakers during the discussion included Tom Martin and Jacob Walbourn, who presented details about the proposed amendments to the existing development plans. The project involves the adaptive reuse of existing structures in the Distillery District area, with specific revisions requested for both the development approach and parking arrangements at the Manchester Street properties.

The discussion focused on the technical aspects of the proposed changes to the original development plan, including modifications to parking requirements and development specifications for the adaptive reuse project. The speakers addressed the planning considerations and regulatory requirements associated with repurposing the existing buildings while maintaining compliance with current zoning and development standards.

Following the presentation and discussion of the amendment details, the commission moved forward with their evaluation of the proposal. The outcome of the deliberation was positive, with the commission recommending approval of the amendment with specified conditions. These conditions were designed to ensure the revised development and parking plans would meet municipal standards and address any regulatory concerns identified during the review process.

The approval recommendation allows the Distillery District - West, Unit 1 project to proceed with the amended development and parking configurations, subject to compliance with the conditions established by the commission during their review of agenda item PLN-MJDP-18-00090.

Pensacola Park Neighborhood Local Historic District (H-1) Overlay Zone

3:00

The meeting included discussion on initiating an H-1 Overlay Zone for the Pensacola Park Neighborhood. This agenda item focused on establishing a local historic district designation that would provide additional zoning protections and guidelines for the area.

Key speakers during the discussion included Hal Baillie and Betty Kerr, who presented information about the proposed historic district overlay zone. The H-1 designation would create specific development standards and preservation requirements for properties within the Pensacola Park Neighborhood boundaries.

The discussion resulted in approval to move forward with initiating the H-1 Overlay Zone process for the Pensacola Park Neighborhood. As part of the approval, the meeting participants granted an additional 90 days if necessary to complete the initiation process, providing flexibility for any procedural requirements or additional review that might be needed.

The H-1 Overlay Zone represents a zoning tool designed to preserve the historic character and architectural integrity of neighborhoods while allowing for appropriate development and modifications within established guidelines. The approval to initiate this process indicates the community's commitment to protecting the historic nature of the Pensacola Park area through formal zoning mechanisms.

Initiation of Zoning Ordinance Text Amendment to Update Article 17 – Sign Regulations

4:00

The meeting included discussion on initiating a zoning ordinance text amendment to update Article 17, which governs sign regulations within the municipality's zoning code.

Craig Bencz served as the key speaker for this agenda item, presenting the proposal to begin the amendment process. The primary focus of the proposed amendment centers on addressing content neutrality requirements within the existing sign regulations.

The discussion resulted in approval to initiate the zoning ordinance text amendment process for Article 17. This approval allows staff to begin the formal process of drafting specific amendments to the sign regulations that would ensure compliance with content neutrality standards.

The initiation of this amendment represents the first step in what will likely be a multi-meeting process to revise the sign regulations. Future meetings will presumably include more detailed discussions of specific proposed changes, public input opportunities, and formal adoption procedures.