Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on April 27, 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 three agenda items during the session, including the approval of minutes and two zoning map amendment requests. The commission conducted five votes throughout the meeting and heard from three members of the public during the comment period. Of the two zoning amendment cases considered, the PALOLO Zoning Map Amendment was denied while the UCD MIDLAND, LLC Zoning Map Amendment received approval from the commission.

Attendance

The following members were present at the April 27, 2023 meeting:

• Larry Forester
• Ivy Barksdale (arrived late)
• Headley Bell
• Janice Meyer
• Robin Michler
• Bruce Nicol
• Graham Pohl
• Zach Davis
• Anthony de Movellan
• Judy Worth

Absent: • Frank Penn

Late Arrival: • Ivy Barksdale

Ten members were present for the meeting, with one member absent and one member arriving late.

Votes and Decisions

The commission took action on five items during the April 27, 2023 meeting.

Minutes Approval 0:30 Janice Meyer motioned to approve the minutes of the March 23, 2023 public hearing, seconded by Judy Worth. The motion passed unanimously with all 9 members voting in favor: Larry Forester, Headley Bell, Janice Meyer, Robin Michler, Bruce Nicol, Graham Pohl, Zach Davis, Anthony de Movellan, and Judy Worth.

PLN-MAR-23-00001 - PALOLO LLC Zone Map Amendment 180:00 Janice Meyer motioned to disapprove the PALOLO LLC zone map amendment from B-3 to B-4, seconded by Anthony de Movellan. The motion passed 7-3 based on reasons provided by staff. Voting in favor of disapproval: Ivy Barksdale, Headley Bell, Janice Meyer, Robin Michler, Graham Pohl, Anthony de Movellan, and Judy Worth. Voting against: Zach Davis, Larry Forester, and Bruce Nicol.

PLN-MJDP-23-00008 - BEAUMONT FARM Development Plan 185:00 Janice Meyer motioned for indefinite postponement of the BEAUMONT FARM development plan, seconded by Anthony de Movellan. The motion passed unanimously with all 10 members voting in favor.

PLN-MAR-23-00004 - UCD MIDLAND, LLC Zone Map Amendment 300:00 Robin Michler motioned to approve the UCD MIDLAND, LLC zone map amendment subject to staff's four recommendations. The motion passed unanimously with all 10 members voting in favor.

PLN-MJDP-23-00015 - ARTHUR E. ABSHIRE PROPERTY Development Plan 310:00 Robin Michler motioned to approve the ARTHUR E. ABSHIRE PROPERTY development plan, seconded by Judy Worth. The motion passed unanimously with all 10 members voting in favor, subject to 18 conditions provided by staff.

Public Comment

Three residents spoke during the public comment period, addressing concerns about two separate development projects.

PALOLO LLC Development Opposition

John Ball spoke in opposition to the PALOLO LLC development project 200:00. Ball expressed concern about the impact on his family, specifically noting his worry about his daughters growing up next to a self-storage unit. He also raised issues about the potential impact on sunlight in the area.

Debora Alexander also opposed the PALOLO LLC development 205:00. Alexander cited multiple concerns including noise and light impacts from the proposed project. She emphasized that the development would negatively affect what she described as her retirement neighborhood.

UCD MIDLAND, LLC Development Concerns

Bruce Simpson addressed the UCD MIDLAND, LLC development project 350:00. Simpson raised several specific concerns about the proposal, including public safety issues and problems with pedestrian connectivity. He also highlighted unresolved sanitary sewer issues that he felt needed to be addressed before the project could move forward.

All three speakers expressed opposition or significant concerns about their respective development projects, focusing on quality of life impacts, infrastructure issues, and neighborhood character preservation.

Contested Items

Two development proposals generated significant controversy during the April 27, 2023 meeting, drawing strong community opposition and extensive discussion among board members.

PALOLO Zoning Map Amendment

The proposed self-storage facility faced substantial community pushback, with residents expressing strong opposition to the project. Community members raised concerns about how the facility would impact the neighborhood character and negatively affect their quality of life. The opposition centered on the appropriateness of a self-storage use in the area and its potential effects on the surrounding residential community.

UCD MIDLAND, LLC Development

This development proposal sparked heated discussion among participants, focusing on two primary safety and infrastructure concerns. Pedestrian safety emerged as a major issue, with questions raised about how the development would impact foot traffic and pedestrian access in the area. Additionally, unresolved sanitary sewer issues became a point of contention, with participants seeking clarity on how these infrastructure challenges would be addressed.

The discussion around the UCD MIDLAND project became particularly lengthy, with multiple rounds of debate and rebuttals between different parties. The infrastructure concerns appeared to be ongoing issues that had not been fully resolved prior to the meeting, contributing to the extended discussion period.

Both contested items highlight common themes in development disputes: community concerns about neighborhood compatibility, infrastructure adequacy, and quality of life impacts. The strong community opposition to the PALOLO project and the technical infrastructure debates surrounding the UCD MIDLAND development demonstrate the complex considerations involved in local development approval processes.

Approval of Minutes

0:30

The commission reviewed the minutes from their March 23, 2023 meeting for approval. Janice Meyer and Judy Worth were the key participants in the discussion of this agenda item.

The commission discussed the accuracy and completeness of the previously recorded meeting minutes before taking action. Following their review and discussion, the commission voted to approve the minutes of the March 23, 2023 meeting.

The approval of these minutes allows them to become part of the official record of the commission's proceedings.

PALOLO Zoning Map Amendment

180:00

The commission reviewed petition PLN-MAR-23-00001, a request for a zoning map amendment from B-3 to B-4 classification for property located at 950 Midnight Pass. The petition sought to change the zoning designation to allow for expanded commercial uses under the B-4 zoning category.

Key speakers during the discussion included Hal Baillie and Nick Nicholson, who presented arguments regarding the proposed zoning change and its implications for the surrounding area.

Staff presented their analysis of the petition and recommended disapproval of the zoning map amendment. The primary basis for the staff's negative recommendation was that the proposed zoning change did not comply with the municipality's comprehensive plan. This non-compliance with the comprehensive plan represented a significant obstacle to approval, as zoning amendments must generally be consistent with the long-term planning framework established in the comprehensive plan.

The commission considered the staff recommendation along with the presentations from the speakers. After reviewing the petition details, staff analysis, and hearing from the participants, the commission ultimately denied the zoning map amendment request.

The denial of PLN-MAR-23-00001 means that the property at 950 Midnight Pass will retain its current B-3 zoning classification rather than being rezoned to the requested B-4 designation. This decision maintains the existing zoning framework for the property and preserves consistency with the comprehensive plan requirements that guided the staff's recommendation for disapproval.

UCD MIDLAND, LLC Zoning Map Amendment

300:00

The commission reviewed petition PLN-MAR-23-00004, a zoning map amendment request submitted by UCD MIDLAND, LLC for a mixed-use residential and commercial development project.

Key Presentations: - Hal Baillie and Scott Shapiro served as the primary speakers during the discussion of this agenda item - Staff presented their analysis and provided a recommendation for approval of the proposed zoning map amendment - The petition seeks to rezone property to accommodate a mixed-use development that would combine residential and commercial components

Staff Recommendation: Staff recommended approval of the zoning map amendment, indicating that the proposed mixed-use development aligns with planning objectives and zoning requirements for the area.

Commission Action: Following discussion of the petition details and staff recommendation, the commission voted to approve the UCD MIDLAND, LLC zoning map amendment request. The approval allows the applicant to proceed with their mixed-use residential and commercial development plans under the new zoning designation.

The petition PLN-MAR-23-00004 represents a standard zoning map amendment process where property owners seek to change the zoning classification of their land to enable different types of development than what the current zoning allows.