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Planning Commission Zoning Public Hearing

January 26, 2023 · 44,274 words

Summary

Meeting Overview

The Urban County Planning Commission convened on January 26, 2023, 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 five main agenda items during the session, including approval of minutes, postponements and withdrawals, zone map amendments, development plans, and conditional use requests. All five agenda items were approved by the commission. The meeting involved significant deliberation, with commissioners taking 19 votes throughout the proceedings and hearing from 3 members of the public who provided comments on various matters before the commission.

Attendance

The following members were present at the January 26, 2023 meeting:

  • Larry Forester
  • Ivy Barksdale (arrived late)
  • Zach Davis
  • Anthony de Movellan
  • Janice Meyer
  • Robin Michler
  • Frank Penn
  • Judy Worth

Absent: • Headley Bell • Bruce Nicol • Graham Pohl

Late Arrival: • Ivy Barksdale

Eight members were present for the meeting, with three members absent. Ivy Barksdale arrived after the meeting had begun.

Votes and Decisions

The commission conducted 19 votes during the meeting, with most items receiving unanimous approval.

Minutes Approval The commission unanimously approved the minutes from the December 15, 2022 public hearing 0:30, with Robin Michler making the motion and Anthony de Movellan seconding. The November 17, 2022 minutes were also approved 5-0 with 2 abstentions 1:00, motioned by Anthony de Movellan and seconded by Judy Worth.

Postponements Several items were unanimously postponed: - PLN-ZOTA-22-00019 (Athletic Fields amendment) until February 23, 2023 2:00 - PLN-MJDP-22-00062 (Hoover & Ford Philpot property) until February 9, 2023 3:00 - PLN-MAR-22-00015 (Dutch Bros zone amendment) until February 23, 2023 4:00 - PLN-MAR-22-00016 (Realty Unlimited zone amendment) until February 23, 2023 5:00

Approved Items The commission unanimously approved multiple zone map amendments and development plans, including: - PLN-MAR-22-00025 (Cowgill Development) 6:00 - PLN-MJDP-22-00077 (Candia Corporation Legion Drive Apartments) subject to 13 revised staff conditions 7:00 - PLN-MAR-22-00026 (Lexington Habitat for Humanity) 8:00 - PLN-MJDP-22-00081 (Lancaster & Keiser Property) subject to 13 revised staff conditions 9:00

Split Votes Two items received split decisions by roll call vote: - PLN-MAR-22-00022 (Caller Properties) was denied 0-8 15:00 - PLN-MAR-22-00023 (IVCP Athens South) and PLN-MJDP-22-00073 (Boonesboro Manor) both passed 6-2, with Robin Michler and Judy Worth voting against [timestamps: 16:00, 17:00]

All voting members present included Larry Forester, Ivy Barksdale, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Frank Penn, and Judy Worth.

Public Comment

Three residents spoke during the public comment period, all addressing concerns about a proposed zone change for IVCP Athens South LLC.

Julie Goodman 19:00 opposed the zone change, raising multiple concerns about the proposal. She cited potential traffic impacts and environmental consequences as key issues. Goodman also expressed skepticism about the project's true intentions, warning of a potential "bait and switch" regarding a proposed stadium component of the development.

Tom Miller 20:00 also spoke against the zone change for IVCP Athens South LLC. Miller argued that the proposed change does not comply with the existing comprehensive plan. He emphasized that the development would create significant traffic problems for the area, echoing concerns raised by the previous speaker.

Gloria Martin 21:00 focused her comments on the importance of maintaining adherence to the Rural Land Management Plan. Martin expressed concerns about how the proposed zone change would impact the rural character of the area, emphasizing the need to protect rural land designations and their intended use patterns.

All three speakers presented opposition to the IVCP Athens South LLC zone change proposal, with common themes including traffic concerns, compliance with existing planning documents, and protection of the area's rural character. The speakers collectively highlighted potential conflicts between the proposed development and established land use policies.

Contested Items

Two zone change applications generated significant debate during the January 26, 2023 meeting, drawing community opposition and dividing commissioners.

IVCP Athens South LLC Zone Change

The proposed zone change for IVCP Athens South LLC faced substantial community opposition from residents concerned about multiple issues. Community members raised objections regarding potential traffic impacts that the development could bring to the area. Environmental concerns were also voiced by opponents of the project. Additionally, residents expressed skepticism about the developer's intentions, specifically worrying about a potential "bait and switch" scenario involving a proposed stadium component of the development. The nature of these concerns suggests community members feared the developer might change plans after approval, potentially substituting different uses than what was initially presented.

Caller Properties, LLC Zone Change

The zone change request from Caller Properties, LLC created division among commissioners, resulting in a split vote on the matter. The primary point of contention centered on traffic concerns related to the proposed development. Commissioners also debated whether a drive-through coffee shop would be appropriate for the specific location under consideration. The split vote indicates that commissioners were genuinely divided on the merits of the application, with some supporting the proposal while others had reservations about its suitability for the area.

Both contested items highlight common themes in local development disputes, including traffic impact concerns and questions about appropriate land use for specific locations. The community opposition to the IVCP Athens South LLC project demonstrates active civic engagement, while the commissioner disagreement on the Caller Properties application shows the complexity of balancing development interests with community concerns.

Approval of Minutes

0:30

The commission reviewed and approved minutes from two previous meetings during this agenda item. Larry Forester led the discussion regarding the approval of minutes from both the December 15, 2022, and November 17, 2022, meetings.

The commission considered the accuracy and completeness of the recorded proceedings from these two prior sessions. Following the review process, the minutes from both meetings were approved by the commission.

Outcome: Both sets of minutes were approved as presented.

Postponements and Withdrawals

2:00

The commission addressed agenda item 2, reviewing requests for postponements and withdrawals of various matters scheduled for consideration. Larry Forester served as the key speaker for this discussion item.

The commission considered multiple requests involving amendments and zone map changes that required either postponement to a future meeting date or complete withdrawal from the agenda. These requests typically arise when applicants need additional time to address technical issues, gather required documentation, or respond to staff comments before proceeding with their proposals.

The commission approved the postponement and withdrawal requests as presented. This procedural item allows for the orderly management of the commission's agenda and ensures that matters come before the body when they are properly prepared for review and decision-making.

The approval of these requests helps maintain an efficient meeting schedule while providing applicants the flexibility they need to present complete and well-prepared proposals to the commission.

Zone Map Amendments

6:00

The commission reviewed agenda item 3, which involved several zone map amendments requiring approval. Hal Baillie served as the key speaker presenting these amendments to the commission.

The amendments under consideration included proposals from three different entities:

  • Cowgill Development, LLC - A zone map amendment request
  • Lexington Habitat for Humanity Inc - A zone map amendment proposal
  • Liberty Park Development LLC - A zone map amendment application

While the extracted data does not provide specific details about the nature of each amendment, the locations involved, or the specific zoning changes requested, the commission conducted a review of all three proposals during this agenda item.

The commission ultimately approved the zone map amendments after their review and discussion. The approval encompasses all three development proposals that were presented during this portion of the meeting.

This agenda item represents routine zoning business where the commission evaluates requests to modify the official zone map, which governs land use classifications and development standards within the jurisdiction. Such amendments typically involve changing the zoning designation of specific parcels to allow for different types of development or land use than what was previously permitted.

Development Plans

7:00

The commission reviewed three development plans during this agenda item, with Hal Baillie serving as the primary speaker for the discussion.

The commission considered development proposals for:

  • Candia Corporation - Development plan details were presented and reviewed by the commission
  • Lancaster & Keiser Property - A development proposal was submitted for commission consideration
  • Rose H. Brigden & Mark McClure Property - Development plans were presented for this property

Hal Baillie led the discussion of these development applications, presenting the details of each proposal to the commission members for their review and consideration.

Following the presentation and discussion of all three development plans, the commission voted to approve the proposals. All three development plans - for Candia Corporation, Lancaster & Keiser Property, and Rose H. Brigden & Mark McClure Property - received approval from the commission.

The agenda item concluded with the successful approval of all three development applications under consideration.

Conditional Use Requests

18:00

The commission reviewed conditional use requests during agenda item 5, with Hal Baillie serving as the key speaker for the discussion.

The primary conditional use request under consideration was submitted by IVCP Athens South LLC for the development of a soccer stadium. The commission examined the proposal and its compliance with local zoning requirements and conditional use standards.

The commission approved the conditional use requests presented during this session, including the soccer stadium proposal from IVCP Athens South LLC. The approval indicates that the commission found the requests met the necessary criteria for conditional use permits in their respective zoning districts.

No specific concerns or objections were noted in the available meeting data, suggesting the requests proceeded through the approval process without significant opposition or debate from commission members.

Decisions

  • Motion — passed (7-0): Approval of the minutes of the December 15, 2022 public hearing
  • Motion — passed (5-0): Approval of the minutes of the November 17, 2022 public hearing
  • PLN-ZOTA-22-00019 — postponed (7-0): Postponement of the amendment to Article 8-2(D): Athletic Fields and Structures
  • PLN-MJDP-22-00062 — postponed (8-0): Postponement of Hoover & Ford Philpot Evangelistic Association Property
  • PLN-MAR-22-00015 — postponed (8-0): Postponement of Dutch Bros, LLC zone map amendment
  • PLN-MAR-22-00016 — postponed (8-0): Postponement of Realty Unlimited Blue Grass, LLC zone map amendment
  • PLN-MAR-22-00025 — passed (8-0): Approval of Cowgill Development, LLC zone map amendment
  • PLN-MJDP-22-00077 — passed (8-0): Approval of Candia Corporation (Legion Drive Apartments) development plan
  • PLN-MAR-22-00026 — passed (8-0): Approval of Lexington Habitat for Humanity Inc zone map amendment
  • PLN-MJDP-22-00081 — passed (8-0): Approval of Lancaster & Keiser Property of Belt Land Co. development plan
  • PLN-MAR-22-00027 — passed (8-0): Approval of Liberty Park Development LLC zone map amendment
  • PLN-MJDP-22-00080 — passed (8-0): Approval of Rose H. Brigden & Mark McClure Property, Tract A development plan
  • PLN-MJDP-22-00080 — passed (8-0): Approval of waiver and findings for Rose H. Brigden & Mark McClure Property, Tract A
  • PLN-MAR-22-00028 — passed (8-0): Approval of AU Associates, Inc zone map amendment
  • PLN-MJDP-22-00082 — passed (8-0): Approval of NDC Property, Unit 1A, Lot 11, Unit 3 (Wellington Park) development plan
  • PLN-MAR-22-00022 — failed (0-8): Disapproval of Caller Properties, LLC zone map amendment
  • PLN-MAR-22-00023 — passed (6-2): Approval of IVCP Athens South LLC zone map amendment
  • PLN-MJDP-22-00073 — passed (6-2): Approval of Boonesboro Manor (Interstate Park) development plan
  • PLN-MAR-22-00023 — passed (6-2): Approval of conditional use request for IVCP Athens South LLC