Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on June 23, 2022, 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 Frank Penn presiding as the meeting officer. The commission addressed four agenda items during the session, with all items receiving approval. The meeting included seven motions and votes, covering zoning amendments, signage regulation updates, and facility approvals. One public comment was heard during the proceedings.

The commission's work focused on several key development and regulatory matters, including a zoning map amendment for DF Lexington Properties II, LLC, modifications to Article 17 regarding signage regulations, and an amendment to Article 8-20 to permit banquet facilities. Additionally, the commission approved plans for Lafayette High School's softball field house and dugouts project. All four agenda items were successfully approved, demonstrating unanimous support for the proposed changes and developments presented to the commission.

Attendance

The following members were present at the June 23, 2022 meeting:

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

Two members were absent:

• Larry Forrester
• Jan Meyer

No members arrived late to the meeting.

Votes and Decisions

The commission took action on seven items during the meeting, with most passing unanimously.

PLN-MAR-22-00007 0:30: Anthony de Movellan motioned to withdraw the Housing Partnership, Inc. zone map amendment, seconded by Ivy Barksdale. The withdrawal passed unanimously 9-0, with all commissioners voting in favor: Frank Penn, Zach Davis, Judy Worth, Robin Michler, Bruce Nicol, Graham Pohl, Headley Bell, Ivy Barksdale, and Anthony de Movellan.

PLN-MAR-22-00008 1:30: Headley Bell motioned for the zone map amendment for DF Lexington Properties II, LLC, seconded by Anthony de Movellan. The motion passed unanimously 9-0 with the same commissioners voting in favor.

PLN-MJDP-22-00028 2:30: The development plan for Collins & Orrell Property (DF Lexington) was approved unanimously 9-0 on a motion by Headley Bell, seconded by Anthony de Movellan. The approval included deleting Condition #12 from the original proposal.

PLN-ZOTA-22-00001 3:30: Bruce Nicol's motion to amend Article 17 Signage Regulations for digital marquee, seconded by Judy Worth, failed 4-5. Voting for: Bruce Nicol, Judy Worth, Robin Michler, and Frank Penn. Voting against: Anthony de Movellan, Headley Bell, Graham Pohl, Zach Davis, and Ivy Barksdale.

PLN-ZOTA-22-00001 4:30: A revised motion by Graham Pohl for the same signage amendment with an 8-second interval requirement, seconded by Headley Bell, passed 6-3. Voting for: Graham Pohl, Headley Bell, Zach Davis, Ivy Barksdale, Anthony de Movellan, and Bruce Nicol. Voting against: Robin Michler, Frank Penn, and Judy Worth.

PLN-ZOTS-22-00009 5:30: The amendment to Article 8-20 to permit banquet facilities in B-3 zone passed unanimously 9-0.

PFR 2022-5 6:30: Public Facility Review for Lafayette High School Softball Field House & Dugouts was approved unanimously 9-0.

Public Comment

The public comment period featured one speaker addressing application withdrawals.

Dick Murphy spoke during the public comment period to request the withdrawal of applications for two housing-related projects 0:15. Specifically, Murphy requested to withdraw the applications for Housing Partnership, Inc. and Melody Village & River Park. No additional details were provided regarding the reasons for these withdrawal requests or the nature of the original applications.

The public comment period was brief, with only this single item of business addressed by the sole speaker.

Contested Items

The meeting featured one contested item that resulted in a split vote among council members.

Signage Regulations Amendment

The primary point of contention during the meeting centered on a proposed amendment to local signage regulations that would permit digital marquee signs within the jurisdiction. The disagreement arose specifically over the appropriate duration for message display on these digital signs.

Council members were divided on this technical aspect of the regulation, with some favoring shorter display intervals and others supporting longer durations. The split reflected differing perspectives on balancing business needs for effective advertising against potential concerns about driver distraction or visual impact on the community.

The amendment ultimately proceeded to a vote, which resulted in a split decision among the council members. However, the extracted data does not specify the exact vote count, which council members voted on each side of the issue, or whether the amendment ultimately passed or failed.

This contested vote highlights the challenges local governments face when updating regulations to accommodate new technologies while addressing community concerns and safety considerations.

*Note: Specific timestamp information and detailed voting records were not available in the provided meeting data.*

DF Lexington Properties II, LLC Zoning Map Amendment

1:00

The council considered petition PLN-MAR-22-00008, a zoning map amendment request from DF Lexington Properties II, LLC to rezone properties at 3440, 3450, and 3454 Richmond Road from Neighborhood Business (B-1) to Highway Service Business (B-3).

Key speakers during the discussion included Hal Baillie and Tom Martin, who presented information regarding the proposed zoning change. The petition sought to modify the zoning classification for the three adjacent properties on Richmond Road to allow for expanded commercial uses permitted under the B-3 highway service business designation.

The B-3 zoning classification typically allows for more intensive commercial activities compared to the existing B-1 neighborhood business zoning, including services oriented toward highway and automotive traffic. The properties' location on Richmond Road, a major thoroughfare, made them suitable candidates for this type of commercial zoning.

Following the presentation and discussion, the council approved the zoning map amendment. The approval allows DF Lexington Properties II, LLC to proceed with development plans that align with the B-3 zoning requirements and permitted uses.

This zoning change represents a shift from neighborhood-scale commercial uses to highway-oriented business activities for the three Richmond Road properties, reflecting the evolving commercial needs along this corridor.

Amendment to Article 17: Signage Regulations

3:00

The meeting addressed petition PLN-ZOTA-22-00001, an amendment to Article 17 concerning signage regulations. The proposed ordinance would allow digital marquee signs in the Lexington Center Business (B-2B) Zone.

Key speakers during the discussion included Hal Baillie and Dick Murphy. The primary focus of the debate centered on the duration of message display for these digital marquee signs, indicating concerns about how long individual messages or advertisements would remain visible before changing.

The petition represents a zoning text amendment that would expand the permitted signage types in the B-2B zone to include digital marquee technology. This change would affect the signage options available to businesses operating within the Lexington Center Business district.

Following discussion of the message display duration requirements and other relevant provisions, the amendment was approved by the meeting body. The approval allows for the implementation of digital marquee signs in the specified zoning district, subject to the regulations outlined in the amended Article 17.

Amendment to Article 8-20 to Permit Banquet Facilities

5:00

The council considered petition PLN-ZOTS-22-00009, an ordinance amendment to allow banquet facilities as a principal permitted use in the Highway Service Business (B-3) zoning district.

Daniel Crum presented the proposal to modify Article 8-20 of the zoning ordinance. The amendment would add banquet facilities to the list of permitted uses in B-3 zones, which are typically designated for highway-oriented commercial businesses.

The petition seeks to expand the range of commercial activities allowed in Highway Service Business zones to include venues for events, receptions, and similar gatherings. This change would provide property owners and developers with additional options for utilizing B-3 zoned land.

The council approved the ordinance amendment, allowing banquet facilities to operate as a principal permitted use in Highway Service Business zones going forward.

Lafayette High School Softball Field House & Dugouts

6:00

The board reviewed Public Facility Review PFR 2022-5 for the construction of a new field house and dugouts at Lafayette High School, along with an expansion of the parking area for the softball facility.

Tracy Wade presented the proposal to the board, outlining the planned improvements to the school's softball facilities. The project includes the construction of a new field house structure and dugouts to support the softball program, as well as expanding the existing parking area to accommodate increased capacity for games and events.

The item was presented as a Public Facility Review, which is the standard process for evaluating proposed construction projects at public facilities to ensure they meet planning and zoning requirements.

The board approved PFR 2022-5, allowing the Lafayette High School softball facility improvements to move forward. The approval covers both the new field house and dugout construction as well as the parking area expansion component of the project.