Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on July 28, 2022, at 1:30 PM in the Council Chamber on the second floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Larry Forester presiding as the meeting officer. The commission addressed three agenda items during the session, including the approval of meeting minutes, postponements and withdrawals, and a zoning map amendment request from Artisan Apartments, LLC. The commission conducted eight motions and votes throughout the meeting, with the primary business item—the Artisan Apartments zoning map amendment—receiving approval. One member of the public provided comments during the public comment period. The meeting successfully completed its scheduled business with the approval of minutes and the zoning amendment request.

Attendance

The following individuals were present at the July 28, 2022 meeting:

Present: • Larry Forester • Frank Penn • Zach Davis • Judy Worth • Robin Michler • Bruce Nicol • Graham Pohl • Ivy Barksdale • Jan Meyer • Anthony de Movellan

Absent: • Headley Bell

Late Arrivals: • None

Ten members attended the meeting, with one member absent. No late arrivals were recorded.

Votes and Decisions

The commission took action on eight items during the July 28, 2022 meeting, with six postponements and two approvals.

Meeting Minutes Approval 0:30 Judy Worth motioned to approve the minutes from the June 23, 2022 meeting, seconded by Anthony de Movellan. The motion passed with 9 ayes and 1 abstention.

Postponements The commission unanimously postponed five zoning and development items:

• PLN-ZOTA-22-00012 10:00: Zach Davis motioned to postpone an amendment allowing concessions and lighting with outdoor recreational facilities in the Agricultural Rural (A-R) zone, seconded by Graham Pohl. Passed 10-0.

• PLN-ZOTA-22-00008 15:00: Davis motioned to postpone an amendment allowing stadiums in the Economic Development (ED) zone, seconded by Frank Penn. This passed 7-3 on a roll call vote, with Larry Forester, Frank Penn, Zach Davis, Judy Worth, Robin Michler, Bruce Nicol, and Graham Pohl voting in favor. Ivy Barksdale, Jan Meyer, and Anthony de Movellan voted against.

• PLN-MJDP-21-00055 20:00: Penn motioned to postpone the Shriners Hospital / Masonic Temple Association development plan, seconded by Worth. Passed 10-0.

• PLN-MJDP-22-00035 25:00: De Movellan motioned to postpone The Fountains of Palomar development plan, seconded by Meyer. Passed 10-0.

• PLN-ZOTA-22-00006 30:00: Davis motioned to postpone an amendment creating the Planned Unit Development (PUD-3) zone, seconded by Worth. Passed 10-0.

Approvals Two related Artisan Apartments items were approved unanimously:

• PLN-MAR-22-00010 45:00: Penn motioned to approve the Artisan Apartments, LLC zoning map amendment, seconded by de Movellan. Passed 10-0.

• PLN-MJDP-22-00032 50:00: Penn motioned to approve the Hillenmeyer Property East (Artisan Apartments) development plan, seconded by de Movellan. Passed 10-0 with conditions removing items #12 and #13 and changing #11 to "resolved."

Public Comment

One member of the public addressed the board during the public comment period.

Brittany Rothemeier 10:00, executive director of the Fayette Alliance, spoke regarding the zoning ordinance text amendments on the meeting agenda. Rothemeier requested that the board postpone consideration of these amendments for 60 days due to scheduling conflicts anticipated in August. She did not elaborate on the specific nature of the scheduling conflicts or provide additional details about the Fayette Alliance's concerns with the proposed zoning changes.

No other members of the public provided comments during this portion of the meeting.

Contested Items

The primary contested item during this meeting involved the timing of proposed zoning ordinance text amendments, which faced significant community opposition.

Postponement of Zoning Ordinance Text Amendments

The main point of contention centered on the scheduling and timing of zoning ordinance text amendments that were under consideration. Community members expressed substantial opposition to moving forward with these amendments according to the original timeline, citing concerns about the rushed nature of the process.

The disagreement involved community stakeholders who felt they needed more time to review and provide input on the proposed changes to the zoning ordinance text. The nature of their opposition was primarily procedural, focusing on the timing rather than necessarily the content of the amendments themselves.

In response to the community pressure and expressed concerns about adequate time for review and public input, the governing body agreed to postpone consideration of the zoning ordinance text amendments. The postponement was set for a 60-day period, which would allow additional time for community review, feedback, and potentially further revisions to the proposed amendments.

This outcome represented a compromise that acknowledged the community's concerns about having sufficient time to engage with the proposed zoning changes while still maintaining forward momentum on the amendments process. The 60-day postponement would provide stakeholders with the additional review period they requested while establishing a clear timeline for when the matter would return for consideration.

*Note: Specific transcript timestamps were not available in the provided source materials for this meeting.*

Approval of Minutes

0:30

The commission reviewed the minutes from their June 23, 2022 meeting for approval. Judy Worth participated in the discussion of this agenda item.

The minutes were approved by the commission without any recorded concerns or amendments to the document from the previous meeting.

Postponements and Withdrawals

10:00

The commission reviewed requests for postponements and withdrawals of various zoning ordinance text amendments and development plans during this agenda item. The discussion was led by key speakers Vince Gabbert and Brittany Rothemeier, who presented the status of pending applications and requests for schedule changes.

The item served as an informational update to the commission regarding cases that would not proceed as originally scheduled. This administrative discussion allowed the commission to formally acknowledge which items were being postponed to future meetings or withdrawn entirely by applicants.

The session provided transparency regarding changes to the commission's upcoming workload and helped ensure proper notification of schedule modifications to both commissioners and the public. No formal action was required, as this was purely an informational item to keep the commission apprised of current case status changes.

Artisan Apartments, LLC Zoning Map Amendment

45:00

The commission reviewed a zoning map amendment request from Artisan Apartments, LLC to rezone property from a Wholesale and Warehouse Business (B-4) zone to a Planned Neighborhood Residential (R-3) zone.

Key speakers during the discussion included Daniel Crum and Tom Martin, who presented details about the proposed rezoning. The amendment would allow the property to transition from commercial warehouse use to residential development under the planned neighborhood residential designation.

The R-3 zoning classification would permit higher-density residential development compared to standard residential zones, making it suitable for apartment or multi-family housing projects. This represents a significant change in the intended use of the property from its current B-4 designation, which allows for wholesale and warehouse operations.

The commission ultimately approved the zoning map amendment, allowing Artisan Apartments, LLC to proceed with their residential development plans under the new R-3 zoning classification.