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Planning Commission (Zoning Items)

July 27, 2023 · 15,504 words

Summary

Meeting Overview

The Urban County Planning Commission met on July 27, 2023, at 1:30 PM at the Phoenix Building, 3rd Floor, 101 East Vine Street, Lexington, Kentucky, with Chairman Forrester presiding. The Commission addressed five agenda items during the meeting, including approval of minutes, three zoning map amendments, and an amendment to Article 17 regarding electronic message display signage. The Commission took eight motions and votes and heard three public comments during the session.

Of the matters brought before the Commission, two zoning map amendments were approved: the Sayre College Zoning Map Amendment and the Flora Investments, LLC Zoning Map Amendment. Two items were postponed: the Anderson Communities, Inc. Zoning Map Amendment and the Amendment to Article 17 for Electronic Message Display Signage. The Approval of Minutes was handled as an informational item.

Attendance

Present: Larry Forester, Ivy Barksdale, Headley Bell, Janice Meyer, Zach Davis, Bruce Nicol, Graham Pohl, William Wilson, Mike Owens, and Judy Worth.

Absent: Robin Michler.

Late arrivals: None.

Votes and Decisions

PLN-MAR-23-00005: Anderson Communities, Inc. Zoning Map Amendment [0:24:22] Motion by Mr. Owens, seconded by Mr. Wilson. The board voted unanimously (10-0) to postpone this item until August 10, 2023. All ten members voted in favor: Larry Forester, Ivy Barksdale, Headley Bell, Janice Meyer, Zach Davis, Bruce Nicol, Graham Pohl, William Wilson, Mike Owens, and Judy Worth.

PLN-ZOTA-23-00002: Amendment to Article 17 for Electronic Message Display Signage [0:31:10] Motion by Mr. Davis, seconded by Ms. Worth. The board voted unanimously (10-0) to postpone this item until August 24, 2023. All ten members voted in favor.

PLN-MAR-23-00008: Sayre College Zoning Map Amendment [0:48:16] Motion by Mr. Davis, seconded by Ms. Barksdale. The board voted unanimously (10-0) to approve the zoning map amendment. All ten members voted in favor.

PLN-MAR-23-00008: Sayre College Conditional Use Permit [0:49:19] Motion by Mr. Davis, seconded by Ms. Barksdale. The board voted unanimously (10-0) to approve the conditional use permit with seven conditions. All ten members voted in favor.

PLN-MJDP-23-00038: Sayre Athletic Complex Development Plan [0:49:50] Motion by Mr. Davis, seconded by Ms. Barksdale. The board voted unanimously (10-0) to approve the development plan with conditions #18, 19, and 20 deleted. All ten members voted in favor.

PLN-MAR-21-00018: Flora Investments, LLC Zoning Map Amendment [1:46:48] Motion by Mr. Wilson, seconded by Ms. Worth. The board voted unanimously (10-0) to approve the zoning map amendment. All ten members voted in favor.

PLN-MJDP-21-00060: Hamburg Place Farm Development Plan [1:47:52] Motion by Mr. Wilson, seconded by Mr. Bell. The board voted unanimously (10-0) to approve the development plan with conditions to resolve parking issues and traffic concerns at the time of final development plan. All ten members voted in favor.

Flora Investments, LLC Conditional Use Permit [1:48:53] Motion by Mr. Wilson, seconded by Mr. Bell. The board voted unanimously (10-0) to approve the conditional use permit with conditions as identified by staff. All ten members voted in favor.

Public Comment

Three members of the public provided comments during the meeting.

Bruce Simpson 1:09 spoke on behalf of the Old Richmond Road Neighborhood Association regarding a postponement request for Anderson Communities, Inc. Simpson requested that the item be postponed to allow additional time for community review of the staff report, emphasizing the importance of community engagement in the process.

Elizabeth Weiner 1:15:36 addressed concerns related to the proposed Flora Investments development. She expressed concerns about traffic patterns and connectivity between the proposed development and the existing Hamburg Place Mall, with particular emphasis on safety issues associated with these connections.

Christina Keith 1:18:23 spoke on behalf of Longship Logistics regarding the Flora Investments development. Keith raised two primary concerns: the potential change in character of the office park resulting from the proposed restaurant use, and the absence of a reciprocal parking agreement between the parties.

Contested Items

Two items generated significant discussion and disagreement during this meeting.

Anderson Communities, Inc. Zoning Map Amendment

The request for postponement of this zoning map amendment became contentious during the meeting. The primary disagreement centered on community engagement and the timing of the staff report. Participants raised concerns about due process and whether statutory requirements had been properly followed. The contentious nature of the discussion reflected broader questions about how adequate notice and opportunity for public input should be provided before zoning decisions are made.

Flora Investments, LLC Development

The proposed development by Flora Investments, LLC generated opposition from neighboring property owners. The concerns raised focused on three main issues: traffic patterns that would result from the development, connectivity of the proposed site, and the impact on the character of the office park. The opposition centered on the proposed restaurant use and how it would change the nature of the existing office park environment. Neighboring property owners expressed concerns about the practical effects the development would have on their properties and the surrounding area.

Approval of Minutes

0:33

No minutes from the June 22, 2023 meeting were presented for approval during this agenda item. The meeting proceeded as informational only, with no new minutes available to review or vote on at this time.

Anderson Communities, Inc. Zoning Map Amendment

Identifier: PLN-MAR-23-00005

The commission discussed a postponement request for the Anderson Communities zoning map amendment 1:09. The primary focus of the discussion centered on concerns regarding community engagement and the timing of the staff report.

Key Speakers: - Bruce Simpson - Tracy Jones - Dick Murphy

Discussion Summary:

The commission considered a request to postpone action on this zoning map amendment. The postponement was motivated by concerns about the adequacy of community engagement efforts and questions about the staff report's timing relative to the public review process.

Outcome:

The commission voted to postpone the Anderson Communities, Inc. zoning map amendment, deferring further consideration of this item to a future meeting.

Amendment to Article 17 for Electronic Message Display Signage

Identifier: PLN-ZOTA-23-00002

The commission discussed an amendment to Article 17 regarding electronic message display signage 30:08. Traci Wade was the key speaker on this agenda item.

The commission determined that further review and consideration of the proposed amendment was necessary. Rather than proceeding with a decision at this meeting, the commission voted to postpone the amendment to allow additional time for evaluation.

Outcome: The amendment was postponed.

Sayre College Zoning Map Amendment

Identifier: PLN-MAR-23-00008

The commission reviewed a zoning map amendment for Sayre College to expand the Sayre Athletic Complex, including consideration of a conditional use permit for the expansion 32:23.

Key Participants

The discussion involved Daniel Crum, Tom Martin, and Nick Nicholson.

Outcome

The commission approved the zoning map amendment and the associated conditional use permit for the athletic complex expansion.

Flora Investments, LLC Zoning Map Amendment

Case Number: PLN-MAR-21-00018

The commission discussed and approved a zoning map amendment for Flora Investments, LLC 1:02:29. The amendment would allow for the construction of a commercial structure and a conditional use permit for a parking lot.

Key Participants

The discussion involved Daniel Crum, Tom Martin, and Matt Carter.

Outcome

The zoning map amendment was approved.

Decisions

  • PLN-MAR-23-00005 — postponed (10-0): Postpone Anderson Communities, Inc. zoning map amendment
  • PLN-ZOTA-23-00002 — postponed (10-0): Postpone amendment to Article 17 for additional electronic message display signage
  • PLN-MAR-23-00008 — passed (10-0): Approve Sayre College zoning map amendment
  • PLN-MAR-23-00008 — passed (10-0): Approve conditional use permit for Sayre College
  • PLN-MJDP-23-00038 — passed (10-0): Approve Sayre Athletic Complex development plan
  • PLN-MAR-21-00018 — passed (10-0): Approve Flora Investments, LLC zoning map amendment
  • PLN-MJDP-21-00060 — passed (10-0): Approve Hamburg Place Farm development plan
  • Motion — passed (10-0): Approve conditional use permit for Flora Investments, LLC