Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on June 27, 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 Bill Wilson presiding as the presiding officer. The commission addressed seven agenda items during the session, taking a total of 10 votes on various planning and zoning matters affecting Lexington-Fayette County.

The commission heard three public comments from citizens regarding items under consideration. Of the seven agenda items, the commission approved five matters, including the meeting minutes, Webb Properties Development Plan, Roman Catholic Bishop Diocese of Lexington Zoning Map Amendment, Aylesford Subdivision Development Plan, and Winterwood Zoning Map Amendment. One item regarding an Alternative Regulation for Zoning Map Amendment was postponed for further consideration, while the Sign Ordinance Update was continued to a future meeting date.

The meeting demonstrated the commission's ongoing work in managing urban development and zoning changes throughout the county, with most proposed development plans and zoning amendments receiving approval to move forward in the planning process.

Attendance

The following members were present at the meeting on June 27, 2019:

• Bill Wilson
• Headley Bell
• Will Berkley
• Patrick Brewer
• Larry Forester
• Karen Mundy
• Bruce Nicol
• Mike Owens
• Frank Penn
• Carolyn Plumlee
• Graham Pohl

All eleven members were in attendance. No members were reported as absent or arriving late to the meeting.

Votes and Decisions

The commission took action on ten items during the June 27, 2019 meeting, with all recorded votes passing unanimously.

Meeting Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from the May 23, 2019 meeting, seconded by Karen Mundy. The motion passed unanimously with all 10 members voting in favor: Bill Wilson, Headley Bell, Patrick Brewer, Larry Forester, Karen Mundy, Bruce Nicol, Mike Owens, Frank Penn, Carolyn Plumlee, and Graham Pohl.

ZOTA 2019-2 Postponement 3:00 Patrick Brewer motioned to postpone ZOTA 2019-2 (Alternative Regulation for Zoning Map Amendment) to the July 25, 2019 meeting, seconded by Carolyn Plumlee. The postponement was approved unanimously by all 10 members present.

Development and Zoning Approvals The commission approved several development-related items with 11 members voting:

• PLN-MJDP-19-00020 20:00: Mike Owens motioned to approve the development plan for Webb Properties, Unit 1, Block A, Outlot 2 (Regency Point) with 15 revised conditions, seconded by Bruce Nicol. Approved unanimously.

• PLN-MAR-18-00017 40:00: Patrick Brewer motioned to approve the zoning map amendment for Roman Catholic Bishop Diocese of Lexington, seconded by Carolyn Plumlee. Approved unanimously.

• PLN-MJDP-18-00067 45:00: Patrick Brewer motioned to approve the development plan for Aylesford Subdivision (Holy Spirit Parish Newman Center) with six conditions, seconded by Carolyn Plumlee. Approved unanimously.

• Conditional Use and Variances 50:00: Frank Penn motioned to approve conditional use and variances for Roman Catholic Bishop Diocese of Lexington, seconded by Patrick Brewer. Approved unanimously.

Winterwood Projects Three related items for Winterwood were approved:

• PLN-MAR-19-00009 70:00: Will Berkley motioned to approve the zoning map amendment for Winterwood, Inc. with three revised conditions, seconded by Mike Owens. Approved unanimously.

• PLN-MJDP-19-00031 75:00: Will Berkley motioned to approve the development plan for Winterwood, LLC with seven revised conditions, seconded by Mike Owens. Approved unanimously.

• Conditional Use 80:00: Will Berkley motioned to approve conditional use for Winterwood, LLC, seconded by Mike Owens. Approved unanimously.

ZOTA 2019-3 Continuation 150:00 Patrick Brewer motioned to continue discussion on ZOTA 2019-3 (Sign Ordinance Update) to the July 25, 2019 meeting, seconded by Larry Forester. The continuation was approved by voice vote.

Public Comment

Three residents addressed the commission during the public comment period, raising concerns about two main issues before the board.

Winterwood Development Opposition

Mark Smith spoke in opposition to the Winterwood development, expressing concerns about its potential impact on his property 90:00. Smith cited the development's proximity to his property and worried about a potential decrease in his property value as key issues with the proposed project.

Sign Ordinance Update Concerns

Two speakers addressed the proposed sign ordinance changes during the meeting. Walt Gaffield raised concerns about the sign ordinance update, particularly focusing on the proposed increase in sign sizes and the potential for off-site commercial signs 160:00. Gaffield's comments highlighted potential issues with the expanded signage provisions in the proposed ordinance.

Amy Clark also spoke against the proposed sign ordinance, urging the commission not to adopt the changes 170:00. Clark cited the complexity of the proposed ordinance and expressed concerns about potential negative impacts on neighborhoods as reasons for her opposition. Her comments emphasized the need for the commission to reconsider the proposed changes before moving forward with adoption.

The public comments reflected community concerns about both development impacts on residential properties and the potential effects of expanded signage regulations on neighborhood character and complexity of local ordinances.

Contested Items

The June 27, 2019 meeting featured one primary contested item that drew community opposition.

Sign Ordinance Update

Community members raised significant concerns about proposed changes to the municipal sign ordinance during the meeting. The opposition centered on two main issues: questions about content neutrality provisions and objections to proposed increases in allowable sign sizes.

Multiple residents spoke during the public comment period to express their concerns about how the updated ordinance would be implemented and enforced. The content neutrality aspect appeared to be a particular point of contention, with community members seeking clarification on how the new regulations would be applied fairly across different types of signage.

The proposed increases to permitted sign sizes also drew criticism from attendees, though the specific dimensions or percentage increases were not detailed in the available meeting materials.

The nature and extent of the community opposition suggests this was a significant policy matter that had generated considerable public interest and concern prior to the meeting. However, the available documentation does not indicate what specific action, if any, the governing body took in response to the community feedback on this agenda item.

*Note: Specific transcript timestamps are not available for this meeting summary.*

Approval of Minutes

0:30

The commission considered approval of the minutes from their May 23, 2019 meeting. The discussion involved Carolyn Plumlee and Karen Mundy as key participants in the review process.

The commission approved the minutes of the May 23, 2019 meeting without any noted objections or amendments to the record.

Alternative Regulation for Zoning Map Amendment

3:00

The commission considered ZOTA 2019-2, a zoning ordinance text amendment that would create an alternative process for zoning map amendments. This proposed ordinance aimed to establish new procedures for how property owners could request changes to the zoning designation of their land.

Key speakers during the discussion included Patrick Brewer and Carolyn Plumlee, who presented information about the proposed alternative regulation framework. The amendment would provide property owners with additional pathways beyond the standard zoning change process currently in place.

The commission engaged in discussion about the mechanics and implications of implementing this alternative zoning map amendment procedure. However, specific details about the concerns raised or the nature of the debate were not captured in the available meeting materials.

After consideration of the proposal, the commission decided to postpone action on ZOTA 2019-2. This postponement indicates that commissioners needed additional time to review the proposed text amendment, gather more information, or address outstanding questions before making a final determination on whether to approve the alternative regulation framework.

The postponement means the zoning ordinance text amendment will be reconsidered at a future commission meeting, allowing for further deliberation on this proposed change to the municipality's zoning procedures.

Webb Properties Development Plan

20:00

The commission reviewed and approved the Webb Properties Development Plan under case number PLN-MJDP-19-00020. The development plan was presented as a resolution requiring commission action.

Key speakers during the discussion included Mike Owens and Bruce Nicol, who addressed various aspects of the proposed development. The presentation and deliberation covered several critical infrastructure and design elements that required commission consideration.

The commission's approval came with specific conditions addressing three main areas of concern:

• Drainage - Requirements were established to ensure proper stormwater management and drainage infrastructure for the development
• Traffic - Conditions were imposed to address traffic flow and transportation impacts associated with the project
• Landscaping - Specific landscaping requirements were mandated as part of the development approval

The discussion focused on these infrastructure and aesthetic requirements, which are standard considerations for development plan approvals. The conditions attached to the approval demonstrate the commission's attention to ensuring the development meets municipal standards for drainage management, traffic safety, and visual appeal through appropriate landscaping.

Following the presentation and discussion of these key elements, the commission voted to approve the Webb Properties Development Plan with the stated conditions. The approval allows the project to move forward to the next phase of the development process, contingent upon meeting the specified requirements for drainage, traffic management, and landscaping implementation.

Roman Catholic Bishop Diocese of Lexington Zoning Map Amendment

40:00

The commission considered ordinance PLN-MAR-18-00017, a zoning map amendment request from the Roman Catholic Bishop Diocese of Lexington. The proposed amendment would facilitate redevelopment and expansion of the Catholic Newman Center.

Key speakers during the discussion included Patrick Brewer and Carolyn Plumlee, who presented details about the zoning change request and its implications for the Newman Center project.

The zoning map amendment was designed to provide the diocese with the appropriate zoning classification needed to move forward with their plans to redevelop and expand the existing Catholic Newman Center facility. The amendment would align the property's zoning with the intended use and development plans.

Following the presentation and discussion, the commission voted to approve the zoning map amendment, allowing the Roman Catholic Bishop Diocese of Lexington to proceed with their redevelopment and expansion plans for the Catholic Newman Center.

Aylesford Subdivision Development Plan

45:00

The commission considered agenda item PLN-MJDP-18-00067, the Aylesford Subdivision Development Plan. Key speakers during the discussion included Patrick Brewer and Carolyn Plumlee.

The commission reviewed the proposed development plan for the Aylesford Subdivision project. The discussion centered on the technical aspects of the subdivision layout and the necessary regulatory approvals required to move forward with the development.

Following their review and discussion of the proposal, the commission voted to approve the Aylesford Subdivision Development Plan. However, the approval came with specific conditions that must be met before the development can proceed. These conditions include obtaining the necessary rezoning approvals and securing required variance approvals for the project.

The conditional approval allows the development to move forward through the regulatory process while ensuring that all zoning and variance requirements are properly addressed before construction begins.

Winterwood Zoning Map Amendment

The commission considered agenda item PLN-MAR-19-00009, a zoning map amendment request from Winterwood, Inc. for a medium density residential development 70:00.

Key speakers during the discussion included Will Berkley and Mike Owens, who presented details about the proposed zoning change and development plans.

The amendment would modify the existing zoning designation to accommodate Winterwood, Inc.'s plans for medium density residential housing in the area. The discussion focused on the technical aspects of the zoning change and how it would align with the city's development goals for residential growth.

Following the presentation and commission discussion, the zoning map amendment was approved, allowing Winterwood, Inc. to proceed with their medium density residential development project under the new zoning classification.

Sign Ordinance Update

The commission reviewed agenda item ZOTA 2019-3, a proposed update to the city's sign ordinance 150:00. The discussion centered on revisions aimed at modernizing the current sign regulations while addressing legal compliance issues.

Craig Bencz presented the proposed ordinance changes, highlighting key modifications to existing sign standards. The update seeks to streamline regulations and provide clearer guidance for property owners and businesses seeking sign permits.

Walt Gaffield raised significant concerns about content neutrality provisions within the proposed ordinance. He questioned whether certain aspects of the draft language could create legal vulnerabilities for the city, particularly regarding First Amendment protections. Gaffield emphasized the importance of ensuring the ordinance treats all types of signage equally regardless of their message content.

Amy Clark contributed to the discussion by addressing specific provisions related to sign sizes and dimensional requirements. She noted potential conflicts between the proposed standards and existing business signage throughout the city, suggesting that implementation could create compliance challenges for current sign owners.

The commission engaged in detailed debate about balancing aesthetic goals with constitutional requirements. Several commissioners expressed the need for additional legal review to ensure the ordinance would withstand potential court challenges while still achieving the city's objectives for visual character and safety.

Technical aspects of sign measurement, setback requirements, and permit procedures were also discussed. The commissioners requested clarification on how the new standards would apply to existing non-conforming signs and what timeline would be established for bringing current signage into compliance.

Following the discussion, the commission determined that additional work was needed before the ordinance could move forward. The item was continued to allow staff time to address the content neutrality concerns raised during the meeting and to refine the technical provisions based on commissioner feedback. No vote was taken on the proposed ordinance at this meeting.