Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 26, 2021, 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 Larry Forester presiding. The commission addressed five agenda items during the session, including the approval of minutes and four development-related matters involving zoning map amendments and development plans. The commission took seven votes throughout the meeting and heard one public comment. Two agenda items were postponed for future consideration, while three items were approved, including a zoning ordinance text amendment regarding notification procedures for public hearings and the Bluegrass Custard, LLC zoning matter.

Attendance

The following members were present at the August 26, 2021 meeting:

• Larry Forester
• Ivy Barksdale
• Headley Bell
• Zach Davis
• Anthony de Movellan
• Robin Michler
• Bruce Nicol
• Frank Penn
• Graham Pohl

Absent: Janice Meyer

No members arrived late to the meeting.

Votes and Decisions

The commission took action on seven items during the August 26, 2021 meeting, with most decisions receiving unanimous support.

Minutes Approval 2:00 Graham Pohl motioned to approve the minutes from the July 22, 2021 meeting, seconded by Zach Davis. The motion passed unanimously with all 9 members voting in favor.

Case Postponements [timestamp: 10:00, 15:00] Two zoning cases were postponed by unanimous votes. PLN-MAR-18-00023, involving LATA, LLC's zoning map amendment and Bryan Property Lot 2 development plan, was postponed on a motion by Graham Pohl, seconded by Anthony de Movellan. PLN-MAR-21-00008, concerning Cervantes & Associates, LLC's zoning map amendment and WM. Shely Subdivision development plans, was postponed on a motion by Headley Bell, seconded by Anthony de Movellan.

Bluegrass Custard Cases [timestamp: 1:45:00, 1:55:00] PLN-MAR-21-00009, the Bluegrass Custard, LLC zoning map amendment, was approved 8-0 with 1 abstention on a motion by Frank Penn, seconded by Anthony de Movellan. Graham Pohl abstained from this roll call vote. A related variance request for Bluegrass Custard was approved unanimously 9-0 on the same motion and second.

Oldham Addition Development 1:50:00 PLN-MJDP-21-00038, the Oldham Addition zoning development plan for Lots 1-3, 10-13, and 21-24, was approved unanimously 9-0 on a motion by Frank Penn, seconded by Anthony de Movellan. The approval included revised conditions as presented by staff.

Text Amendment 2:05:00 PLN-ZOTA-21-00005, a zoning ordinance text amendment regarding notification procedures for public hearings, was approved unanimously 9-0 on a motion by Robin Michler, seconded by Zach Davis.

All voting members present were Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Robin Michler, Bruce Nicol, Frank Penn, and Graham Pohl.

Public Comment

During the public comment period, one resident addressed the board regarding a proposed development project.

Jenny Daily spoke in opposition to the Bluegrass Custard, LLC development 1:30:00. Daily raised several concerns about the proposed project:

• Traffic congestion - She expressed worries about increased traffic that the development would bring to the area

• Business viability - Daily questioned the potential for the custard shop to fail, suggesting concerns about the long-term sustainability of the proposed business

• Planning consistency - She argued that the development does not align with the community's long-range planning vision, specifically noting that it would not contribute to creating walkable neighborhoods as outlined in planning documents

Daily's comments focused on both immediate practical concerns about traffic impacts and broader planning considerations about whether the proposed custard shop development fits with the community's stated goals for neighborhood development and walkability.

Contested Items

The primary contested item during this meeting involved the proposed Bluegrass Custard, LLC development, which faced community opposition from local residents.

Community member Jenny Daily voiced several concerns about the development project. Her objections centered on three main areas: potential traffic impacts that the new business might generate in the area, concerns about the viability of the business and the possibility of its failure, and questions about whether the proposed development aligned with the community's established long-range planning goals and vision.

Daily's opposition represented broader community concerns about the development's fit within the existing neighborhood character and infrastructure capacity. The traffic concerns likely reflected worries about increased congestion on local roads, while the business viability questions suggested skepticism about the long-term success of the custard shop concept in that particular location.

The misalignment with long-range planning goals indicated that some community members viewed the development as inconsistent with previously established development patterns or zoning objectives for the area.

The extracted data does not indicate the specific outcome of this contested item or how the governing body responded to Daily's concerns. Without additional meeting materials or transcript timestamps, the resolution of this community opposition and any subsequent action taken by the board or council remains unclear.

This opposition highlights the common tension in local government between new business development and existing community concerns about growth impacts, traffic, and maintaining neighborhood character according to established planning documents.

Approval of Minutes

2:00

The commission reviewed and discussed the minutes from their July 22, 2021 meeting. Larry Forester participated in the discussion regarding the accuracy and completeness of the recorded proceedings from the previous meeting.

Following the review, the commission approved the minutes from the July 22, 2021 meeting without any noted corrections or amendments.

LATA, LLC Zoning Map Amendment & Bryan Property, Lot 2 Zoning Development Plan

10:00

The commission addressed agenda item PLN-MAR-18-00023, which involved a zoning map amendment request by LATA, LLC and a zoning development plan for Bryan Property, Lot 2.

Matt Carter served as the key speaker during this discussion. Rather than proceeding with a full review of the proposal, the primary focus of the discussion centered on a postponement request for this item.

The commission ultimately decided to postpone consideration of both the LATA, LLC zoning map amendment and the Bryan Property, Lot 2 zoning development plan. No detailed presentation of the development proposal or substantive debate on the merits of the zoning changes occurred during this meeting.

The postponement allows additional time for further preparation or resolution of outstanding issues before the commission takes up full consideration of these zoning matters at a future meeting.

Cervantes & Associates, LLC Zoning Map Amendment & WM. Shely Subdivision, Unit 2

15:00

The commission addressed agenda item PLN-MAR-21-00008, which involved a zoning map amendment request by Cervantes & Associates, LLC for the WM. Shely Subdivision, Unit 2 and Hollow Creek Subdivision Unit 1 Zoning Development Plan.

Matt Carter served as the key speaker for this agenda item, presenting information about a postponement request for the zoning map amendment and related development plan.

The commission discussed the request to postpone consideration of this zoning matter. The item encompassed multiple components including the zoning map amendment and development plans for both the WM. Shely Subdivision, Unit 2 and Hollow Creek Subdivision Unit 1.

Following the discussion, the commission agreed to postpone the agenda item. No further details were provided regarding the specific reasons for the postponement or when the item might be rescheduled for future consideration.

The postponement allows additional time for the applicant, staff, or commission to address any outstanding issues or concerns related to the proposed zoning changes and development plans before bringing the matter back for formal review and decision.

Bluegrass Custard, LLC Zoning Map Amendment & Oldham Addition Zoning Development

1:45:00

The commission reviewed agenda item PLN-MAR-21-00009, a zoning map amendment and development plan for Bluegrass Custard, LLC in the Oldham Addition area. The proposal included both a zoning change request and an associated development plan for the property.

Key speakers during the discussion included Hal Baillie, Tom Martin, and Nick Nicolson, who presented details about the proposed development and addressed questions from commission members. The application also included a variance request as part of the overall development proposal.

The commission engaged in discussion regarding the specifics of the zoning map amendment and how the proposed development plan would align with the area's zoning requirements. Details about the variance component of the application were also reviewed as part of the comprehensive proposal.

Following the presentation and discussion of the various components of the application, the commission moved forward with their deliberation on the zoning map amendment and development plan for the Bluegrass Custard, LLC project.

The commission ultimately approved the zoning map amendment and development plan for Bluegrass Custard, LLC, allowing the project to proceed as proposed in the Oldham Addition area.

Zoning Ordinance Text Amendment for Notification for Public Hearings

2:05:00

The commission reviewed agenda item PLN-ZOTA-21-00005, a zoning ordinance text amendment focused on expanding notification requirements for public hearings. The proposed amendment aimed to broaden the scope of who receives notice when public hearings are scheduled.

Samantha Castro served as the key speaker presenting this item to the commission. The primary focus of the amendment was to ensure that renters and tenants, in addition to property owners, would receive notification of upcoming public hearings that could affect their neighborhoods or properties.

The commission discussed the importance of inclusive notification practices, recognizing that renters and tenants are often directly impacted by zoning decisions but may not receive adequate notice under existing requirements that typically focus on property owners. The amendment represents an effort to improve public participation by ensuring a broader segment of the community is informed about relevant public hearings.

Following their review and discussion of the proposed text amendment, the commission voted to approve PLN-ZOTA-21-00005. This approval means the expanded notification requirements will be implemented, requiring that both property owners and renters/tenants receive notice of public hearings that may affect their areas.

The approval of this ordinance text amendment reflects the commission's commitment to enhancing public engagement and ensuring that all community members who may be affected by zoning decisions have the opportunity to participate in the public hearing process, regardless of their property ownership status.