Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on March 23, 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. The commission addressed four agenda items during the session, taking a total of nine votes on various motions throughout the meeting. The commission heard four public comments from citizens regarding the matters under consideration.

The commission achieved mixed results on the development and zoning matters before them. Three of the four agenda items were approved, including the MELROSE ADDITION Development Plan, the BREAD AND ROSES, LLC Zoning Map Amendment, and the Henry Clay High School Softball Fieldhouse project. However, the commission denied the DUTCH BROS, LLC Zoning Map Amendment request. The meeting demonstrated active public engagement with community members providing input on the proposed developments and zoning changes affecting various areas of Lexington-Fayette County.

Attendance

The meeting convened with eight members present and three absent.

Present: • Larry Forester • Ivy Barksdale (arrived late) • Headley Bell • Janice Meyer • Robin Michler • Bruce Nicol • Graham Pohl • Judy Worth

Absent: • Zach Davis • Anthony de Movellan • Frank Penn

Late Arrivals: • Ivy Barksdale

The meeting proceeded with a quorum of eight members in attendance, representing the majority of the governing body.

Votes and Decisions

The commission took action on nine items during the March 23, 2023 meeting.

PALOLO LLC Zone Map Amendment (PLN-MAR-23-00001) 0:02 - Janice Meyer motioned to postpone this item, seconded by Judy Worth. The motion passed unanimously 7-0 with all members voting to postpone: Larry Forester, Headley Bell, Janice Meyer, Robin Michler, Bruce Nicol, Graham Pohl, and Judy Worth.

MELROSE ADDITION Development Plan (PLN-MJDP-23-00012) 0:20 - Judy Worth motioned for approval with conditions, seconded by Ivy Barksdale. The motion passed unanimously 8-0. The approval included 12 conditions with condition #12 changed to "resolved."

DUTCH BROS, LLC Zone Map Amendment (PLN-MAR-23-00002) 1:45 - Headley Bell motioned for disapproval, seconded by Judy Worth. The motion to disapprove failed 7-1, with Bruce Nicol casting the sole dissenting vote against disapproval.

GRIGALIS GROUP Development Plan (PLN-MJDP-23-00011) 2:00 - Headley Bell motioned for indefinite postponement, seconded by Judy Worth. The motion passed 7-1, with Bruce Nicol voting against the postponement.

BREAD AND ROSES, LLC Zone Map Amendment (PLN-MAR-23-00003) 2:30 - Graham Pohl motioned for approval with conditions, seconded by Janice Meyer. The motion passed unanimously 8-0. The conditions included removal of restrictions on tattoo parlors, indoor theaters, and funeral parlors.

BREAD & ROSES DEVELOPMENT Plan (PLN-MJDP-23-00013) 2:45 - Graham Pohl motioned for approval based on the revised development plan, seconded by Janice Meyer. The motion passed unanimously 8-0.

BREAD & ROSES DEVELOPMENT Variance 2:50 - Graham Pohl motioned for approval, seconded by Headley Bell. The variance passed unanimously 8-0, subject to conditions including interior landscaping requirements.

Henry Clay High School Softball Fieldhouse (PFR 2023-1) 3:10 - Judy Worth motioned for approval, seconded by Janice Meyer. The motion passed unanimously 8-0.

Work Session Cancellation 3:20 - The commission unanimously approved canceling the March 30, 2023 work session.

Public Comment

Four community members addressed the meeting during the public comment period, focusing on two main development proposals.

Dutch Bros Development

Jamie Schrader spoke in support of the proposed Dutch Bros development 1:50, stating that the coffee shop would be well-received in the area and would be consistent with existing uses in the vicinity.

Amy Clark expressed opposition to the Dutch Bros proposal 1:55, raising concerns about pedestrian safety and the potential impact the development would have on an already busy intersection.

Bread & Roses Development

Art Thomas addressed concerns about the proposed Bread & Roses development 3:00, suggesting that the bakery use could potentially be handled as a variance rather than requiring a zone change. Thomas also expressed concerns about what types of businesses might be permitted in the future under the proposed zoning.

Alexander Short voiced support for the Bread & Roses bakery proposal 3:05 but raised specific concerns about potential traffic impacts if a funeral home were to be established at the location in the future.

The public comments reflected divided opinions on both development proposals, with supporters emphasizing compatibility with existing uses and opponents focusing on traffic and safety concerns.

Contested Items

The March 23, 2023 meeting featured one contested item that generated significant community opposition.

Dutch Bros, LLC Zoning Map Amendment

The primary contested item was a zoning map amendment request from Dutch Bros, LLC. The proposal faced substantial opposition from community members who raised concerns about the potential impact of the development on local traffic patterns and pedestrian safety in the area.

Community opposition centered on worries that the proposed Dutch Bros location would increase vehicular traffic in ways that could compromise pedestrian safety. Residents and other stakeholders expressed concerns about how the development might affect the existing traffic flow and create hazardous conditions for people walking in the vicinity.

Following consideration of the community feedback and safety concerns raised during the meeting, the zoning map amendment request was ultimately disapproved. The decision reflected the council's response to the documented opposition and the specific safety issues identified by community members.

The disapproval of the Dutch Bros zoning amendment demonstrates how community input regarding traffic and pedestrian safety concerns can influence municipal zoning decisions, particularly when residents present specific objections about potential negative impacts on neighborhood safety and traffic patterns.

MELROSE ADDITION Development Plan

The planning commission reviewed development plan PLN-MJDP-23-00012 for the Melrose Addition project 0:20. The proposal involves adding an accessory building to the existing development along with revisions to the site's parking layout and circulation patterns.

Tom Martin served as the key speaker presenting the development plan to the commission. The discussion focused on the technical aspects of incorporating the new accessory structure while ensuring adequate vehicular and pedestrian circulation throughout the site.

The proposed changes to the parking and circulation design were evaluated for compliance with local development standards and their impact on the overall functionality of the Melrose Addition development. The commission examined how the additional building would integrate with existing structures and infrastructure.

Following their review and discussion of the proposal, the planning commission voted to approve development plan PLN-MJDP-23-00012. The approval came with attached conditions that must be met during the development process, though the specific details of these conditions were not detailed in the available materials.

The Melrose Addition Development Plan represents a modification to an existing development, demonstrating the ongoing evolution of the project to meet current needs while maintaining compliance with municipal planning requirements.

DUTCH BROS, LLC Zoning Map Amendment

1:45

The planning commission considered petition PLN-MAR-23-00002, a request from Dutch Bros, LLC to rezone property from Professional Office (P-1) to Neighborhood Business (B-1) zone. The amendment would allow for commercial development that is not currently permitted under the existing professional office zoning.

Staff presented their analysis and recommended disapproval of the zoning map amendment. The primary concerns centered on traffic and pedestrian safety issues that could result from the proposed zone change. The B-1 Neighborhood Business zoning would allow for more intensive commercial uses that could generate additional vehicle traffic and create safety hazards for pedestrians in the area.

Key speakers during the discussion included Hal Baillie and Bruce Simpson, who participated in the deliberation of the zoning request. The commission evaluated the merits of the petition against the city's zoning standards and comprehensive plan policies.

Following discussion of the staff recommendation and consideration of the traffic and safety concerns raised, the planning commission voted to deny the zoning map amendment request. The denial means the property will retain its current Professional Office (P-1) zoning designation, which limits the types of commercial activities that can be established on the site.

The decision reflects the commission's prioritization of traffic safety and pedestrian welfare over the applicant's desire for more flexible commercial zoning that would accommodate their proposed business operations.

BREAD AND ROSES, LLC Zoning Map Amendment

2:30

The Planning Commission reviewed petition PLN-MAR-23-00003, a zoning map amendment request submitted by Bread and Roses, LLC to allow bakery operations at their proposed location.

Staff member Daniel Crum presented the petition, explaining that the applicant sought to modify the existing zoning designation to accommodate a commercial bakery use. The current zoning classification did not permit this type of food production facility, necessitating the map amendment.

Tom Martin also participated in the discussion, though the specific nature of his involvement was not detailed in the available materials.

The staff analysis concluded with a recommendation for approval, contingent upon specific conditions being met. A key requirement involved the removal of certain prohibited uses from the proposed zoning classification. This condition was designed to ensure the amended zoning would be appropriately tailored to the bakery operation while preventing incompatible land uses that could negatively impact the surrounding area.

The Planning Commission ultimately approved the zoning map amendment request. The approval allows Bread and Roses, LLC to proceed with their bakery plans, subject to compliance with the conditions outlined in the staff recommendation.

This zoning change represents a targeted modification to accommodate a specific commercial food production use while maintaining appropriate land use controls through the attached conditions.

Henry Clay High School Softball Fieldhouse

3:10

The board reviewed Public Facility Review PFR 2023-1 for the construction of a new fieldhouse at Henry Clay High School designed to support the school's softball program. Tracy Wade presented the proposal to the board.

The project involves constructing a dedicated fieldhouse facility that will serve the Henry Clay High School softball team. The new structure is intended to provide necessary support facilities for the softball program at the school.

Following the presentation by Wade, the board approved PFR 2023-1, allowing the Henry Clay High School softball fieldhouse project to move forward through the public facility review process.