Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on July 25, 2019, at 1:32 PM in the Council Chamber on the second floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Mike Owens presiding. The commission addressed three agenda items during the session, taking seven votes throughout the meeting and hearing two public comments from attendees.

The commission's work focused primarily on zoning and regulatory matters, with mixed outcomes across the agenda items. One item, the Ball Homes, Inc. Zoning Map Amendment, was postponed for future consideration. However, the commission successfully approved two significant items: an Amendment to Article 17 regarding Sign Ordinance Updates and an Alternative Regulation for Zoning Map Amendment. These approvals represent important updates to the county's zoning and signage regulations that will impact future development and business operations within the jurisdiction.

The meeting demonstrated the commission's ongoing role in managing urban development through careful consideration of zoning modifications and regulatory updates, balancing community input with planning objectives.

Attendance

The meeting on July 25, 2019 had seven members present and four members absent.

Present: • Mike Owens • Headley Bell • Larry Forester • Karen Mundy • Bruce Nicol • Graham Pohl • Bill Wilson

Absent: • Patrick Brewer • Anthony de Movellan • Frank Penn • Carolyn Plumlee

No members arrived late to the meeting.

Votes and Decisions

The meeting included seven motions, all of which passed unanimously with all seven members present voting in favor.

Minutes Approval 0:02 Bill Wilson motioned to approve the minutes from June 13, 2019, seconded by Karen Mundy. The motion passed unanimously 7-0.

Postponements [timestamps: 00:10-00:25] Four items were postponed by unanimous votes:

• PLN-MAR-19-00003: Larry Forester motioned to postpone the Ball Homes, Inc. zoning map amendment to August 22, 2019, seconded by Graham Pohl. Passed 7-0.

• PLN-MAR-19-00010: Larry Forester motioned to postpone another Ball Homes, Inc. zoning map amendment to August 22, 2019, seconded by Graham Pohl. Passed 7-0.

• PLN-MAR-19-00011: Karen Mundy motioned to postpone the 6K and Under Auto Sales, LLC zoning map amendment to August 8, 2019, seconded by Bill Wilson. Passed 7-0.

• PLN-FRP-19-00014: Graham Pohl motioned for indefinite postponement of the Waits/Moore Ltd. Partnership Property subdivision plan, seconded by Larry Forester. Passed 7-0.

Zoning Text Amendments [timestamps: 02:45-03:20] Two zoning text amendments were approved by roll call votes:

• ZOTA 2019-3: Graham Pohl motioned to approve the Amendment to Article 17: Sign Ordinance Update with amendments including no billboards and internal illumination, seconded by Bill Wilson. Roll call vote passed 7-0 with all members (Mike Owens, Headley Bell, Larry Forester, Karen Mundy, Bruce Nicol, Graham Pohl, and Bill Wilson) voting in favor.

• ZOTA 2019-2: Bill Wilson motioned to approve the Alternative Regulation for Zoning Map Amendment with revised statement, seconded by Karen Mundy. Roll call vote passed 7-0 with all members voting in favor.

Public Comment

Two speakers addressed the board during the public comment period.

Dick Murphy spoke at 1:30 regarding signage regulations in Economic Development zones. Mr. Murphy discussed the need for larger signs in these zones to attract businesses and support commercial uses. He proposed that signage regulations for Economic Development zones should be similar to those currently allowed in B-3 zones, arguing that enhanced signage would better serve the economic development goals of these areas.

Brittany Rothmyer addressed the board at 3:10 to express her support for ZOTA 2019-2, a text amendment under consideration. Ms. Rothmyer emphasized the importance of creating efficiency in the zoning process, stating that streamlined procedures would promote smart growth and development in the community. She advocated for the proposed amendment as a means to improve the overall development review process.

Both speakers focused on zoning-related matters, with Murphy addressing specific signage concerns for economic development areas and Rothmyer supporting broader procedural improvements to the zoning code.

Contested Items

Two significant issues generated substantial debate during the July 25, 2019 meeting, drawing heated discussion from council members and community opposition.

Signage in Economic Development Zones

A heated discussion emerged regarding the appropriate regulations for signage within Economic Development zones. The debate centered on determining the proper size and type of signage that should be permitted in these areas. Council members expressed particular concerns about billboard installations and illuminated signage, with disagreements arising over the potential visual impact and appropriateness of such displays in economic development areas. The discussion highlighted tensions between promoting business visibility and maintaining aesthetic standards within these zones.

Alternative Regulation for Zoning Map Amendment

Community members voiced strong opposition to proposed changes in the zoning map amendment process. The contentious issue focused on alternative regulations that would potentially reduce the level of council involvement in zoning decisions. Opponents expressed concerns that the proposed changes could significantly diminish opportunities for public participation in the zoning decision-making process. Community members argued that reducing council oversight might limit residents' ability to have meaningful input on zoning matters that could affect their neighborhoods and property values. The opposition reflected broader concerns about maintaining democratic participation in local land use decisions.

Both contested items remained unresolved at the conclusion of the meeting, with the signage debate requiring further clarification on specific dimensional and illumination standards, while the zoning amendment process concerns necessitated additional community input and council consideration of public participation mechanisms.

Ball Homes, Inc. Zoning Map Amendment

The Planning Commission considered agenda item PLN-MAR-19-00003, a petition by Ball Homes, Inc. for a zoning map amendment 0:10. The proposal sought to rezone property from a Community Center zone to an Expansion Area Residential zone.

Nick Nicholson served as a key speaker during the discussion of this zoning change request. The petition would allow Ball Homes, Inc. to develop residential housing in an area currently designated for community center uses.

The Commission determined that additional amendments to the proposal were needed before proceeding with a decision. Rather than approve or deny the petition in its current form, the item was postponed to provide time for these further modifications to be developed and reviewed.

The postponement allows Ball Homes, Inc. and staff to address any outstanding issues or concerns that were identified during the initial review process. The revised proposal will return to the Planning Commission at a future meeting for continued consideration.

No final action was taken on the zoning map amendment during this meeting due to the postponement.

Amendment to Article 17: Sign Ordinance Update

2:45

The council considered ZOTA 2019-3, an amendment to Article 17 of the zoning ordinance addressing sign regulations. Craig Bencz presented the proposed updates to the sign ordinance.

The amendment was designed to ensure the city's sign regulations comply with content-neutral signage requirements and to address other identified issues within the existing ordinance. This type of update is typically necessary to align local regulations with federal and state constitutional requirements regarding free speech protections for signage.

The council approved the amendment to Article 17 following the presentation and discussion.

Alternative Regulation for Zoning Map Amendment

3:20

The council considered ordinance ZOTA 2019-2, which proposes an alternative process for zoning map amendments designed to accelerate approval of uncontested zone changes.

Tracy Wade presented the amendment, explaining that the proposed alternative regulation would streamline the approval process for zoning map amendments that face no opposition or significant concerns. The measure aims to reduce processing time and administrative burden for straightforward zoning changes while maintaining appropriate oversight.

The amendment establishes a faster track for uncontested zoning map amendments, allowing certain types of zone changes to move through the approval process more efficiently. This alternative process would apply specifically to cases where there are no substantive objections or complex issues that require extended review periods.

The council approved ZOTA 2019-2, implementing the alternative regulation for zoning map amendments. This approval provides the municipality with a more efficient tool for processing routine zoning changes while preserving the full review process for more complex or controversial proposals.