Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on May 11, 2023, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mr. Chair presided over the meeting, which included 10 agenda items, 10 motions and votes, and 10 public comments.

The Commission approved four items during the meeting: the Approval of Minutes, Performance Bonds and Letters of Credit, the Consent Agenda, Twelfth Street Addition Lots 41 & 42, and a Zoning Ordinance Text Amendment for Short-Term Rentals. One item was denied: the Fox Property. Four items were postponed: the Rose H. Brigden & Mark McClure Property Tract A, Distillery District West, Triple Stars Property, and RML - Citation, Hillenmeyer Interest Ltd, Lots 1 & 3.

Attendance

The following individuals were present at the meeting on May 11, 2023:

• Ivy Barksdale
• Judy Worth
• Headley Bell
• Anthony de Movellan
• Vaughan Adkins
• David Filiatreau
• Traci Wade
• Tom Martin
• Cheryl Gallt
• Autumn Goderwis
• Daniel Crum
• Boyd Sewe
• Paula Schumacher
• Greg Lengal
• Tracy Jones

No attendees were recorded as absent or late.

Votes and Decisions

The meeting included ten votes and decisions on various matters:

Approval of April 13, 2023 Minutes 0:36 Motion by Mr. Worth, seconded by Mr. Bell. Passed with one abstention.

Approval of Performance Bonds and Letters of Credit 1:38 Motion by Mr. Bell, seconded by Mr. DeMovilland. Passed unanimously.

PLN-MJDP-23-00025: Rose H. Brigden & Mark McClure Property, Tract A 3:57 Motion by Mr. Chairman, seconded by Mr. DeMovlin. Postponed to May 25th hearing.

PLN-MJDP-22-00045: Distillery District West 5:00 Motion by Mr. Bell, seconded by Mr. DeMovilland. Postponed to June 8th meeting.

PLN-MJDP-18-00004: Triple Stars Property 6:07 Motion by Mr. Chair, seconded by Mr. DeMovlin. Postponed to June 8th meeting.

PLN-MJDP-23-00023: RML - Citation, Hillenmeyer Interest Ltd, Lots 1 & 3 7:11 Motion by Mr. Davis, seconded by Ms. Wirth. Postponed unanimously to June 8th meeting.

Approval of Consent Agenda 10:28 Motion by Mr. Chair, seconded by Mr. Bell. Passed unanimously.

PLN-MJDP-22-00072: Fox Property Development Plan 31:14 Motion by Mr. Nicol, seconded by Ms. Worth. Denied by roll call vote.

PLN-MJDP-23-00019: Twelfth Street Addition, Lots 41 & 42 37:50 Motion by Mr. Bell, seconded by Mr. Davis. Approved unanimously with findings for access easement.

PLN-ZOTA-23-00001: Zoning Ordinance Text Amendment for Short-Term Rentals 3:11:36 Motion by Mr. Nickel, seconded by Mr. Bell. Approved by roll call vote. The approval includes use of Council's text for Section 313C and revised text for Section 313G1.

Public Comment

Ten speakers addressed the meeting on May 11, 2023, with all comments focused on short-term rental regulations.

Concerns About Density and Neighborhood Impact

Walt Gaffield 1:21:08 expressed concerns about the density of short-term rentals and their impact on neighborhoods. Damon Snyder 1:45:30 similarly raised concerns about the impact of short-term rentals on neighborhood character and safety. John Grimes 2:05:26 shared negative experiences with unhosted short-term rentals in his neighborhood.

Occupancy and Regulatory Issues

Janet Cabanis 1:24:04 discussed the differences between hosted and unhosted short-term rentals and expressed concerns about occupancy limits. Lynn Flynn 1:28:03 highlighted concerns about occupancy limits and density requirements for short-term rentals.

Business and Economic Concerns

Chris Eustis 1:35:28 argued against the proposed regulations, stating they would harm small businesses and benefit large hotels. Seth Hillemeier 1:39:13 expressed concerns about the impact of new regulations on existing short-term rental businesses. In contrast, James Wilcox 2:08:42 highlighted the positive economic impact of short-term rentals on local communities.

Data and Planning Alignment

Miranda Hinchman 1:42:21 questioned the lack of data supporting the need for new regulations and expressed concerns about economic impact. Amy Clark 2:14:32 criticized the lack of alignment with the comprehensive plan and enforcement of existing regulations.

The public comment period reflected divided perspectives on short-term rental policy, with speakers raising both neighborhood livability concerns and business viability concerns.

Contested Items

Short-term Rentals

A heated discussion took place regarding short-term rental regulations, specifically focusing on occupancy limits and density requirements. The debate involved neighborhood representatives and short-term rental operators presenting opposing perspectives on how these properties should be regulated.

The core disagreement centered on what occupancy limits and density requirements would be appropriate for short-term rentals in the area. Neighborhood representatives and short-term rental operators offered competing viewpoints on this matter, though the specific positions and arguments advanced by each side are not detailed in the available meeting record.

Approval of Minutes

The commission considered and approved the minutes from the April 13, 2023 meeting. 0:36

Key participants in this agenda item included Mr. Worth and Mr. Bell.

The minutes were approved by the commission.

Performance Bonds and Letters of Credit

The commission discussed and approved the release of performance bonds and letters of credit during this agenda item 1:38.

Key Participants

Mr. Bell and Mr. DeMovilland were the primary speakers on this matter.

Outcome

The commission approved the release of performance bonds and letters of credit.

Rose H. Brigden & Mark McClure Property, Tract A

Identifier: PLN-MJDP-23-00025

The commission discussed the Rose H. Brigden & Mark McClure Property, Tract A during this meeting. Key participants in the discussion included Mr. Chairman and Mr. DeMovlin. 3:57

Outcome

The commission postponed the hearing for this property to the May 25th meeting.

Distillery District West

Identifier: PLN-MJDP-22-00045

The commission discussed the Distillery District West project during this meeting. Key speakers included Mr. Bell and Mr. DeMovilland. 5:00

The commission postponed the hearing for this property to the June 8th meeting.

Triple Stars Property

The commission discussed the Triple Stars Property (PLN-MJDP-18-00004) during this meeting. 6:07

Outcome

The commission postponed the hearing for this property to the June 8th meeting.

Key Participants

The discussion involved Mr. Chair and Mr. DeMovlin.

RML - Citation, Hillenmeyer Interest Ltd, Lots 1 & 3

Identifier: PLN-MJDP-23-00023

The commission discussed this property matter involving Lots 1 & 3 for Hillenmeyer Interest Ltd. 7:11

Key Participants

Mr. Davis and Ms. Wirth were the primary speakers on this agenda item.

Outcome

The commission postponed the hearing for this property to the June 8th meeting.

Consent Agenda

The commission approved the consent agenda items collectively during this portion of the meeting. 10:28

Key Participants

Mr. Chair and Mr. Bell were the primary speakers during the consent agenda discussion.

Outcome

The consent agenda was approved.

Fox Property

Identifier: PLN-MJDP-22-00072

The commission discussed and voted on a development plan for the Fox Property. 31:14

Key Speakers

Mr. Nicol and Ms. Worth were the primary speakers during this agenda item.

Outcome

The commission denied the development plan for the Fox Property.

Twelfth Street Addition, Lots 41 & 42

Project Identifier: PLN-MJDP-23-00019

The commission discussed and approved a development plan for five townhomes on Twelfth Street Addition, Lots 41 & 42 37:50.

Key Participants

The discussion involved Mr. Bell and Mr. Davis.

Outcome

The commission approved the development plan with conditions.

Zoning Ordinance Text Amendment for Short-Term Rentals

Identifier: PLN-ZOTA-23-00001

The commission considered a text amendment to regulate short-term rentals within the zoning ordinance 3:11:36. Key speakers on this matter included Mr. Nickel and Mr. Bell.

The commission approved the text amendment with modifications. The specific details of the modifications made during deliberation are not detailed in the available meeting materials, though the amendment's purpose was to establish regulatory framework for short-term rental operations.

Outcome: The zoning ordinance text amendment for short-term rentals was approved.