Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on November 17, 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 seven agenda items during the session, taking a total of 10 votes on various development plans and zoning amendments. The meeting included two public comments from community members regarding the items under consideration.

The commission approved six of the seven items presented, including three development plans for residential projects: Newtown Springs Lot 8, Sand Lake and Estes Properties Lot 5, and the Cowgill Partners LP Property (Meadowcrest) development. Additionally, the commission approved the Elmwood OZ Fund LLC Zoning Map Amendment and two significant text amendments to the zoning ordinance - one consolidating open space regulations across multiple articles and another addressing zoning enforcement procedures.

The only item that did not receive approval was the Amendment to Article 8-16 regarding the re-categorization of community center, day shelter, and adult day care uses, which was denied by the commission. The meeting demonstrated active engagement with both development proposals and regulatory updates, reflecting the commission's ongoing work to balance development needs with community planning objectives in Lexington-Fayette County.

Attendance

The following members were present at the November 17, 2022 meeting:

• Larry Forester
• Frank Penn
• Judy Worth
• Robin Michler
• Bruce Nicol
• Graham Pohl
• Ivy Barksdale
• Jan Meyer
• Anthony de Movellan
• Headley Bell

Absent: • Zach Davis

No members arrived late to the meeting. Ten members were in attendance with one absence recorded.

Votes and Decisions

The commission took action on ten items during the November 17, 2022 meeting 0:00.

Minutes Approval Janice Meyer motioned to approve the minutes from the October 27, 2022 public hearing, seconded by Judy Worth. The motion passed unanimously with 9 ayes and 0 nays.

Postponements Three items were postponed by unanimous votes: - PLN-MAR-22-00015: Frank Penn motioned to postpone the Dutch Bros, LLC zone map amendment until December 15, 2022, seconded by Anthony de Movellan (9 ayes, 0 nays) - PLN-MAR-22-00016: Judy Worth motioned to postpone the Realty Unlimited Blue Grass, LLC zone map amendment until January 26, 2023, seconded by Anthony de Movellan (10 ayes, 0 nays) - PLN-MJDP-22-00058: Headley Bell motioned to postpone the Crestwood Montessori School development plan until December 8, 2022, seconded by Anthony de Movellan (10 ayes, 0 nays)

Approvals Anthony de Movellan motioned to approve consent agenda items PLN-MJDP-22-00051 and PLN-MJDP-22-00052, seconded by Headley Bell. The motion passed unanimously (10 ayes, 0 nays).

PLN-MJDP-22-00055: Frank Penn motioned to approve the Cowgill Partners, LP Property (Meadowcrest) development plan subject to 23 revised staff conditions, seconded by Judy Worth. The motion passed by roll call vote with 9 ayes, 0 nays, and 1 abstention. Voting in favor: Larry Forester, Frank Penn, Judy Worth, Bruce Nicol, Graham Pohl, Ivy Barksdale, Jan Meyer, Anthony de Movellan, and Headley Bell.

PLN-MAR-22-00018: Graham Pohl motioned to approve the Elmwood OZ Fund LLC zone map amendment including applicant's recommended conditions, seconded by Headley Bell. The motion passed unanimously by roll call vote (10 ayes, 0 nays).

Zoning Text Amendments - PLN-ZOTA-22-00016: Graham Pohl motioned to disapprove amendments re-categorizing community center, day shelter, and adult day care uses, seconded by Bruce Nicol. The motion to disapprove passed unanimously (10 ayes, 0 nays) - PLN-ZOTA-22-00017: Robin Michler motioned to approve amendments updating open space regulations, seconded by Judy Worth. Passed unanimously (10 ayes, 0 nays) - PLN-ZOTA-22-0018: Bruce Nicol motioned to approve zoning enforcement amendments, seconded by Frank Penn. Passed unanimously (10 ayes, 0 nays)

Public Comment

Two community members addressed the board during the public comment period.

Walt Gaffield 0:00 spoke in support of the Open Space ZOTA (Zoning Ordinance Text Amendment). Gaffield praised staff for their communication efforts and work on the proposal. He expressed his support for the Open Space ZOTA and suggested that the board consider conducting a future review to assess the impact of the ZOTA after implementation.

Kim 0:00 addressed the board regarding social services support. Speaking on behalf of community members in need, Kim highlighted the increasing demand for social services due to current economic challenges. She emphasized the importance of maintaining accessible social services for residents facing financial difficulties and advocated for continued support of these programs.

Both speakers focused on different aspects of community needs - one addressing land use planning through the Open Space ZOTA and the other emphasizing social service accessibility during challenging economic times.

Contested Items

The meeting featured one primary contested item that generated significant community opposition.

Re-categorizing Community Center, Day Shelter, and Adult Day Care Uses

The main point of contention involved a proposal to re-categorize certain community service uses from principal permitted uses to conditional uses. This change would affect community centers, day shelters, and adult day care facilities, requiring them to go through additional approval processes.

Community members and advocates expressed strong opposition to this proposal, raising concerns that the re-categorization would create unnecessary barriers to essential services for vulnerable populations. The opposition argued that requiring conditional use permits for these facilities could delay or prevent the establishment of critical community services, particularly those serving homeless individuals, seniors, and other at-risk groups who rely on day shelters and adult day care facilities.

The nature of the opposition centered on the potential impact on service accessibility and the additional regulatory burden that would be placed on organizations trying to provide community services. Critics worried that the conditional use process could introduce subjective decision-making that might discriminate against facilities serving marginalized populations.

The outcome of this contested item was not specified in the available meeting data, though the significant community opposition suggests this proposal faced substantial resistance from residents and service providers who viewed the re-categorization as potentially harmful to vulnerable community members' access to necessary services.

Newtown Springs, Lot 8 Development Plan

0:00

The board reviewed development plan PLN-MJDP-22-00051 for Newtown Springs, Lot 8. Traci Wade served as the key speaker for this agenda item.

The development plan outlines the proposed buildings and parking layouts for Lot 8 within the Newtown Springs development. The plan had previously been reviewed by the Subdivision Committee, which recommended approval of the proposal with specific conditions attached.

During the discussion, the board considered the technical aspects of the building placement and parking configuration as presented in the development plan. The layout and design elements were evaluated for compliance with applicable development standards and regulations.

The Subdivision Committee's prior review and conditional approval recommendation provided the foundation for the board's consideration. The conditions recommended by the committee were part of the overall evaluation process for this development plan.

Following the presentation and discussion, the board approved the Newtown Springs, Lot 8 Development Plan. The approval allows the development to proceed in accordance with the submitted plans and any conditions that were established through the review process.

This approval represents a step forward in the ongoing development of the Newtown Springs project, specifically addressing the infrastructure and building arrangements for Lot 8 within the broader development framework.

Sand Lake and Estes Properties, Lot 5 Development Plan

0:00

The planning commission reviewed development plan PLN-MJDP-22-00052 for Sand Lake and Estes Properties, Lot 5. The plan outlines the building and parking layout for a proposed vehicle rental establishment on the property.

Traci Wade served as the key speaker presenting details of the development proposal. The plan includes specific arrangements for building placement and parking configurations designed to accommodate the vehicle rental business operations.

Prior to the planning commission meeting, the Subdivision Committee had already reviewed the proposal and provided their recommendation. The committee endorsed approval of the development plan, though their recommendation included certain conditions that would need to be met as part of the approval process.

The planning commission ultimately approved the Sand Lake and Estes Properties, Lot 5 Development Plan. The approval allows the vehicle rental establishment to proceed with development according to the submitted building and parking layout, subject to any conditions specified by the Subdivision Committee's earlier review.

The development plan represents a commercial use for the property, with the vehicle rental business requiring specific infrastructure considerations for both building placement and adequate parking to support rental vehicle storage and customer access.

Cowgill Partners, LP Property (Meadowcrest) Development Plan

0:00

The commission reviewed development plan PLN-MJDP-22-00055 for the Cowgill Partners, LP Property, also known as Meadowcrest. The plan outlines the proposed development of the property.

Traci Wade served as a key speaker during the discussion of this agenda item. The development plan had previously been reviewed by the Subdivision Committee, which initially recommended postponement due to compliance questions that needed to be addressed.

However, following the committee's review, staff conducted additional analysis and ultimately recommended approval of the development plan, contingent upon specific conditions being met. The nature of the original compliance concerns and the specific conditions attached to staff's approval recommendation were part of the discussion.

The commission ultimately approved the Cowgill Partners, LP Property (Meadowcrest) Development Plan, moving the project forward in the development process. This approval allows the development to proceed according to the submitted plan, subject to the conditions established by staff during their review process.

Elmwood OZ Fund LLC Zoning Map Amendment

0:00

The planning commission reviewed petition PLN-MAR-22-00018, a zoning map amendment request submitted by Elmwood OZ Fund LLC. The petition sought to rezone property from High Density Apartment (R-4) to Professional Office (P-1) zoning classification.

Hal Baillie served as a key speaker during the discussion of this agenda item. The petition included not only the zone change request but also a variance application to reduce the required parking standards for the proposed professional office use.

The zoning change would allow the property to transition from residential apartment use to professional office development. The accompanying parking variance indicates that the applicant sought relief from standard parking requirements, which typically accompany such zoning transitions when existing infrastructure or site constraints make full compliance challenging.

The planning commission ultimately approved the petition, allowing the zone map amendment to proceed from R-4 to P-1 zoning. This approval enables Elmwood OZ Fund LLC to move forward with professional office development on the property under the new zoning classification and with the reduced parking requirements as granted through the variance.

The approval represents a shift from high-density residential use to commercial professional office use for this particular property, reflecting changing development patterns and land use needs in the area.

Amendment to Article 8-16 Re-categorizing Community Center, Day Shelter, and Adu

0:00

The planning commission considered petition PLN-ZOTA-22-00016, which proposed amending Article 8-16 to re-categorize community centers, day shelters, and adult day care facilities from principal uses to conditional uses in certain zoning districts.

Hal Baillie served as a key speaker during the discussion of this zoning text amendment. The petition sought to change the regulatory framework for these community service facilities by requiring them to go through the conditional use permit process rather than being permitted as principal uses.

Staff recommended disapproval of the proposed amendment, citing concerns that the re-categorization could create potential barriers to essential community services. The staff analysis indicated that requiring conditional use permits for these facilities might make it more difficult to establish community centers, day shelters, and adult day care services when they are needed.

The planning commission ultimately denied the petition, following the staff recommendation. The denial suggests the commission agreed with staff concerns that the proposed changes could impede the development of important community services and facilities that serve vulnerable populations, particularly regarding day shelters and adult day care facilities.

This decision maintains the current zoning framework that allows these community service uses to be established more readily as principal uses rather than requiring the additional review and approval process associated with conditional use permits.

Amendments to Articles 1, 8, 9, 10, 11, 12, 20, 21, 23 & 28 Updating and Consolidating Open Space Regulations

0:00 The meeting addressed petition PLN-ZOTA-22-00017, which proposed amendments to multiple articles of the zoning ordinance to consolidate open space regulations into Article 20. The initiative aimed to improve the quality and accessibility of open spaces throughout the jurisdiction.

Valerie Friedman served as a key speaker for this agenda item, presenting the proposed consolidation of open space regulations. The petition sought to streamline existing open space requirements that were previously scattered across Articles 1, 8, 9, 10, 11, 12, 20, 21, 23, and 28 of the zoning ordinance.

The consolidation effort was designed to create a more coherent and accessible framework for open space regulations, making it easier for developers, planners, and the public to understand and comply with open space requirements. By centralizing these provisions in Article 20, the amendments would eliminate redundancy and potential conflicts between different sections of the ordinance.

The petition was approved, indicating that the governing body found merit in the proposed consolidation approach. The approval suggests that officials recognized the benefits of having a unified set of open space regulations rather than having requirements dispersed throughout multiple articles of the zoning code.

This regulatory consolidation represents an effort to modernize and improve the usability of the zoning ordinance while maintaining the community's commitment to preserving and enhancing open space resources. The approved amendments will likely make it easier for stakeholders to navigate open space requirements and could lead to better implementation of open space policies in future development projects.

Amendments to Articles 5 & 7 Regarding Zoning Enforcement

0:00

The council considered petition PLN-ZOTA-22-0018, which proposed amendments to Articles 5 and 7 of the zoning ordinance regarding enforcement responsibilities. The ordinance would transfer certain zoning enforcement tasks from the Planning Department to the Building Inspection Department.

Valerie Friedman served as the key speaker presenting the proposed amendments. The petition outlined a reorganization of zoning enforcement duties between the two departments, though specific details of which responsibilities would be transferred were not elaborated in the available materials.

The proposed changes represent an administrative restructuring aimed at improving the efficiency of zoning enforcement operations within the city's government structure. By reallocating certain enforcement functions from Planning to Building Inspection, the amendments would clarify departmental roles and potentially streamline the enforcement process.

The council approved the ordinance without recorded opposition or significant debate based on the available information. The approval of PLN-ZOTA-22-0018 will result in the formal amendment of Articles 5 and 7 of the zoning code to reflect the new enforcement responsibility structure between the Planning and Building Inspection departments.