Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on August 25, 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 Larry Forester presiding as the meeting officer. The commission addressed six agenda items during the session, with five items receiving approval and one item being tabled for future consideration. The meeting included substantial public participation, with five public comments heard throughout the proceedings and six formal motions and votes taken by the commission members.

The agenda focused primarily on development and zoning matters, including two specific property cases - the Ethington and Ethington Tract 1 amendment (PLN-MJDP-22-00043) and the Athens Property, LLC case (PLN-MAR-22-00011) - both of which were approved. The commission also considered four zoning text amendments affecting various articles of the zoning ordinance, with three amendments receiving approval: PLN-ZOTA-22-00006 amending Article 22, Appendix C; PLN-ZOTA-22-00011 amending Article 8-1(d); and PLN-ZOTA-22-00014 amending multiple articles including Articles 1, 3, 8, 9, 10, 11, 16, 18, 23, and 28. However, the commission chose to table PLN-ZOTA-22-00015, which proposed amendments to Articles 8, 10, 11, 22, and 23, indicating this item required additional review or consideration before a final decision could be made.

Attendance

The following members were present at the meeting on August 25, 2022:

Present: • Larry Forester • Judy Worth • Robin Michler • Bruce Nicol • Graham Pohl • Ivy Barksdale • Headley Bell • Anthony de Movellan

Absent: • Zach Davis • Jan Meyer • Frank Penn

No members arrived late to the meeting. Eight members were in attendance, with three members absent.

Votes and Decisions

The commission took action on six items during the August 25, 2022 meeting, with five approvals and one continuance.

PLN-MJDP-22-00043 - Ethington and Ethington Tract 1 (AMD) was approved with conditions 3:00. Anthony de Movellan made the motion, seconded by Headley Bell. The roll call vote passed 7-0 with one abstention. Voting in favor were Larry Forester, Judy Worth, Robin Michler, Graham Pohl, Ivy Barksdale, Headley Bell, and Anthony de Movellan. The approval included adding to condition #13 that there will be no additional drive-thrus at this development.

PLN-MAR-22-00011 - Athens Property, LLC Zoning Map Amendment was approved with conditions 7:00. Robin Michler moved for approval, seconded by Bruce Nicol. The item passed unanimously 8-0, with all commissioners voting in favor: Larry Forester, Judy Worth, Robin Michler, Bruce Nicol, Graham Pohl, Ivy Barksdale, Headley Bell, and Anthony de Movellan. The approval included deleting the restriction on outdoor live entertainment or dancing.

PLN-ZOTA-22-00006 - Amendment to Article 22, Appendix C to create the Planned Unit Development (PUD-3) Zone was approved 11:00. Graham Pohl made the motion, seconded by Ivy Barksdale, passing unanimously 8-0.

PLN-ZOTA-22-00011 - Amendment to Article 8-1(d) to add Small Farm Micro-Distilleries as a Conditional Use in the Agricultural Rural (A-R) Zone was approved 15:00. Graham Pohl moved for approval, seconded by Ivy Barksdale, passing unanimously 8-0.

PLN-ZOTA-22-00014 - Amendment to Articles 1, 3, 8, 9, 10, 11, 16, 18, 23 and 28 to update parking and vehicular use area landscape buffering was approved 19:00. Graham Pohl made the motion, seconded by Ivy Barksdale, passing unanimously 8-0.

PLN-ZOTA-22-00015 - Amendment to Articles 8, 10, 11, 22, and 23 to the Zone Intent Statements was continued 23:00. Graham Pohl moved to table the item, seconded by Ivy Barksdale. The motion to continue passed unanimously 8-0, with the item continued to October 27, 2022.

Public Comment

Five community members addressed the commission during the public comment period, focusing primarily on zoning matters and transportation concerns.

Athens Boonesboro Road and Zone Change Discussion 7:00

Four speakers addressed matters related to Athens Property and local zoning changes. Dottie Bean expressed concerns about potential impacts from proposed Athens Boonesboro Road improvements by the Kentucky Transportation Cabinet.

Three speakers voiced support for an Athens Property zone change. George W Mankel III supported the zone change and expressed appreciation for the property owners involved. Dan Graves encouraged commissioners to view the proposed zone change as an opportunity rather than a concerning precedent, urging them not to see it as a "slippery slope." Mike Harrell expressed full support for the zone change, characterizing the property owners as good neighbors to the community.

Agricultural Zoning and Micro-Distilleries 15:00

Brittany Rothmire addressed the topic of small farm micro-distilleries and agricultural zoning regulations. She supported revisiting discussions about expanding permitted uses within the agricultural rural zone. However, Rothmire emphasized the importance of obtaining comprehensive input from all relevant stakeholders before making any changes to current zoning provisions.

The public comments reflected community interest in both transportation infrastructure planning and zoning policy, with particular focus on balancing development opportunities with appropriate regulatory oversight in agricultural and rural areas.

Contested Items

Two significant items drew community opposition during the August 25, 2022 meeting, both related to proposed zoning changes and agricultural regulations.

Small Farm Micro-Distilleries

Community members raised concerns about proposed regulations for small farm micro-distilleries, specifically questioning the agricultural nexus requirements. Opponents argued that the proposed rules lacked sufficient connection to legitimate agricultural activities and expressed worry that the regulations could enable industrial-type operations within agricultural rural zones. The community opposition centered on maintaining the agricultural character of rural areas and preventing inappropriate commercial or industrial uses that might not align with the intended agricultural purpose of the zoning designation.

Zone Intent Statements

The second contested item involved proposed changes to zone intent statements, which generated community pushback on procedural and substantive grounds. Critics raised concerns about inadequate public outreach regarding the proposed modifications, suggesting that affected community members had not been properly informed or consulted about the changes. Additionally, opponents highlighted potential legal issues with the proposed zone intent statement revisions, though the specific nature of these legal concerns was not detailed in the available information.

Both contested items reflect broader community concerns about maintaining appropriate land use controls and ensuring adequate public participation in zoning decisions. The opposition to the small farm micro-distillery regulations demonstrates ongoing tensions between supporting agricultural businesses and preventing inappropriate development in rural areas. The zone intent statement controversy highlights the importance of proper public notification and legal compliance in zoning amendment processes.

The outcomes of these contested items and any subsequent actions taken by the governing body were not specified in the available meeting information.

PLN-MJDP-22-00043: Ethington and Ethington Tract 1 (AMD)

3:00

The planning commission reviewed an amendment for the Ethington and Ethington Tract 1 development project. The proposed amendment sought to revise several key aspects of the previously approved development plan, including modifications to building sizes and layouts, changes to vehicular circulation patterns, and a reduction in the number of gas pumps at the facility.

Key speakers during the discussion included Cheryl Gallt and Tom Martin, who presented details about the proposed changes and addressed questions from commission members. The amendment represented adjustments to the original development plan that would impact both the physical footprint of structures and the traffic flow within the development.

A significant component of the review process involved a request for a traffic study to assess the potential impacts of the proposed changes on local traffic patterns and circulation. This study would help evaluate whether the revised vehicular circulation design and reduced number of gas pumps would adequately serve the anticipated traffic volume while maintaining safe and efficient flow.

The commission ultimately approved the amendment after considering the proposed revisions to the building specifications, circulation improvements, and the commitment to conduct the requested traffic analysis. The approval allows the developers to proceed with the modified plan that includes the updated building configurations and reduced gas pump count while ensuring proper traffic impact assessment.

PLN-MAR-22-00011: Athens Property, LLC

7:00

The commission discussed a zone map amendment request from Athens Property, LLC for property located at 6270 Athens Walnut Hill Pike. The proposal sought to rezone the property from Agriculture Rural and Single-Family Residential to Neighborhood Business zone.

Key speakers during the discussion included Hal Baillie and Tom Martin, who presented details about the zoning change request and its implications for the property and surrounding area.

The zone map amendment would allow for neighborhood business uses on the Athens Walnut Hill Pike property, representing a shift from the current agricultural and residential zoning designations. This type of rezoning typically enables commercial activities that serve local neighborhood needs while maintaining compatibility with nearby residential areas.

Following the presentation and discussion of the proposal, the commission approved the zone map amendment request for Athens Property, LLC. The approval allows the property owner to proceed with development plans consistent with the new Neighborhood Business zoning classification.

The successful rezoning provides Athens Property, LLC with expanded development options for the 6270 Athens Walnut Hill Pike location, transitioning the land use from its previous agricultural and residential designations to accommodate neighborhood-scale commercial activities.

PLN-ZOTA-22-00006: Amendment to Article 22, Appendix C

11:00

The commission discussed agenda item C.1, PLN-ZOTA-22-00006, which proposed an amendment to Article 22, Appendix C of the zoning ordinance. The amendment would create a new Planned Unit Development 3 (PUD-3) zone specifically designed to accommodate mixed-use development projects.

Key speakers during the discussion included Hal Baillie and Nathan Billings, who presented details about the proposed zoning amendment and its intended applications for mixed-use developments.

The discussion focused on establishing the new PUD-3 zone classification and how it would function within the existing zoning framework to enable mixed-use projects that combine residential, commercial, and potentially other compatible uses in a single development.

Following the presentation and discussion of the proposed amendment, the commission approved PLN-ZOTA-22-00006, moving forward with the creation of the new PUD-3 zone designation in Article 22, Appendix C of the zoning ordinance.

PLN-ZOTA-22-00011: Amendment to Article 8-1(d)

15:00

The Planning Commission discussed a proposed zoning text amendment to add Small Farm Micro-Distilleries as a Conditional Use in the Agricultural Rural (A-R) Zone. This agenda item C.2 focused on modifying Article 8-1(d) of the zoning ordinance to accommodate small-scale distillery operations on agricultural properties.

Key speakers during the discussion included Hal Baillie and Chris Carter, who presented details about the proposed amendment and its implications for agricultural zoning. The amendment would allow property owners in A-R zones to operate micro-distilleries as a conditional use, subject to specific requirements and approval processes.

The discussion centered on how small farm micro-distilleries would fit within the existing agricultural framework and what conditions would need to be met for such operations. The proposal aimed to support agricultural diversification while maintaining the rural character of A-R zoned areas.

Following the presentation and discussion of the zoning text amendment, the Planning Commission approved PLN-ZOTA-22-00011. This approval moves the proposed amendment forward in the review process, allowing Small Farm Micro-Distilleries to be considered as a conditional use in Agricultural Rural zones, subject to the established conditional use permit procedures and any specific operational requirements that may be imposed during the permitting process.

PLN-ZOTA-22-00014: Amendment to Articles 1, 3, 8, 9, 10, 11, 16, 18, 23 and 28

19:00 The meeting addressed agenda item C.3, PLN-ZOTA-22-00014, which proposed amendments to multiple articles of the zoning ordinance. Chris Taylor served as the key speaker for this discussion item.

The proposed amendments focused on updating regulations related to parking and vehicular use area landscape buffering requirements. The discussion centered on revisions to Articles 1, 3, 8, 9, 10, 11, 16, 18, 23, and 28 of the existing zoning code.

The amendments were designed to modernize and clarify landscape buffering standards for parking areas and vehicular use zones throughout the jurisdiction. These updates would affect how developers and property owners must provide landscaping around parking facilities and areas designated for vehicle circulation.

Following the presentation and discussion of the proposed changes, the item was approved by the meeting body. The approval indicates that the amendments will move forward in the regulatory process, potentially requiring additional steps such as public hearings or formal adoption procedures depending on local government requirements.

The comprehensive nature of the amendments, spanning ten different articles of the zoning ordinance, suggests these changes represent a significant update to the municipality's approach to landscape buffering requirements for vehicular areas.

PLN-ZOTA-22-00015: Amendment to Articles 8, 10, 11, 22, and 23

23:00

The commission discussed proposed amendments to multiple articles of the zoning ordinance aimed at updating zone intent statements to better align with the comprehensive plan. Hal Baillie served as the key speaker presenting this agenda item.

The discussion focused on revising the intent statements within Articles 8, 10, 11, 22, and 23 of the zoning code to ensure consistency with the municipality's comprehensive plan. These amendments would update the language describing the purpose and goals of various zoning districts covered under these articles.

Following the presentation and discussion, the commission decided to table the item rather than take immediate action. This decision suggests the need for additional review, public input, or further refinement of the proposed amendments before moving forward with the changes to the zoning ordinance.

The tabling of PLN-ZOTA-22-00015 indicates that while the alignment of zoning intent statements with the comprehensive plan is recognized as important, the commission requires more time to properly evaluate the proposed language changes and their potential impacts on the affected zoning districts.