Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on September 28, 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 Zach Davis presiding as the presiding officer. The commission addressed five agenda items during the session, including the approval of minutes and four zoning-related matters. The commission took six votes throughout the meeting and heard from 10 members of the public during the comment period.

Of the substantive agenda items, the commission approved two matters: the Liberty Park Development, LLC Zoning Map Amendment and an Amendment to Article 17 for Additional Electronic Message Display Signage. However, two other zoning map amendment requests were postponed - one for 214 Waller Avenue, LLC and another for 509 E Main, LLC. The meeting also included an informational item regarding the approval of minutes from a previous session.

Attendance

The following members were present at the September 28, 2023 meeting:

• Zach Davis
• Ivy Barksdale
• Robin Michler
• Graham Pohl
• Mike Owens
• Janice Meyer
• Judy Worth
• Bruce Nicol

Two members were absent from the meeting:

• Larry Forester
• William Wilson

No members arrived late to the meeting.

Votes and Decisions

The commission considered six motions during the September 28, 2023 meeting, with mixed outcomes on postponement requests but unanimous approval for substantive development matters.

PLN-MAR-23-00009 - 214 Waller Avenue Zone Map Amendment 0:45 Janice Meyer motioned to postpone the 214 Waller Avenue, LLC zone map amendment, seconded by Mike Owens. The motion passed unanimously 8-0, with all commissioners voting in favor: Zach Davis, Ivy Barksdale, Robin Michler, Graham Pohl, Mike Owens, Janice Meyer, Judy Worth, and Bruce Nicol. The item was postponed until October 26, 2023.

PLN-MAR-23-00012 - 509 E Main Zone Map Amendment 3:30 Robin Michler initially motioned to postpone the 509 E Main, LLC zone map amendment, seconded by Graham Pohl. This motion failed on a 4-4 roll call vote. Voting in favor were Robin Michler, Graham Pohl, Janice Meyer, and Judy Worth. Voting against were Bruce Nicol, Ivy Barksdale, Zach Davis, and Mike Owens.

5:30 Bruce Nicol then made a subsequent motion to postpone the same item, seconded by Mike Owens. This motion passed unanimously 8-0, postponing the matter until October 12, 2023.

PLN-MAR-23-00013 - Liberty Park Development Zone Map Amendment 7:30 Bruce Nicol motioned to approve the Liberty Park Development, LLC zone map amendment, seconded by Janice Meyer. The motion passed unanimously 8-0 for reasons provided by Staff.

PLN-MJDP-23-00046 - Rose H. Brigden & Mark McClure Property 9:00 Bruce Nicol motioned to approve the subdivision amendment for Rose H. Brigden & Mark McClure Property, Tract A & Cadentown Subdivision (Gentry Family), seconded by Judy Worth. The motion passed unanimously 8-0, with approval for reasons provided by Staff and removing condition #10.

PLN-ZOTA-23-00002 - Electronic Message Display Signage Amendment 11:00 Bruce Nicol motioned to approve the Article 17 amendment for additional electronic message display signage including video in the Lexington Center Business (B-2B) zone, seconded by Mike Owens. The motion passed unanimously 8-0, approving the Staff Alternative.

Public Comment

Ten speakers addressed the Urban Service Boundary Expansion during the public comment period, with all comments focused on this single topic.

Opposition to Expansion: Noks 13:00 expressed concern about the potential expansion into neighboring Delridge Farm, citing threats to agricultural operations and environmental sustainability. Paul 23:00 urged the removal of area 1 from the expansion due to its impact on horse farms and infrastructure challenges. Don Robinson 29:00 represented multiple agricultural businesses and urged the exclusion of prime farmland from the expansion to protect the equine industry. Brittany Rothmyer 27:00 expressed concerns about the expansion process and urged limiting the expansion to no more than the minimum acreage required.

Support for Expansion: Jenna Greathouse 21:00 and Carla Blanton 25:00 both supported the expansion recommendation, emphasizing the need for housing and job growth in Lexington. Blanton specifically cited the need to address Lexington's population decline.

Area-Specific Requests: Headley Bell 15:00 and Price Bell 19:00 both requested consideration of area A-2 for master planning. Headley Bell emphasized the limited use of the land due to runoff and floodplain issues, while Price Bell highlighted the potential for creating a great neighborhood.

Technical Clarifications: Alice Little 17:00 provided visualizations and maps to clarify misunderstandings about the impact of the proposed expansion on Mill Ridge Farm.

Economic Concerns: Amy Clark 31:00 criticized the lack of economic valuation of the land under consideration and urged a focus on the public good.

The comments reflected a clear divide between those supporting expansion for housing and economic development and those opposing it to protect agricultural and equine operations.

Contested Items

Two significant items generated substantial debate and disagreement during the September 28, 2023 meeting.

509 E Main, LLC Zoning Map Amendment

The proposed zoning map amendment for 509 E Main, LLC created a notable split among council members. When a motion was made to postpone consideration of the amendment, the initial vote resulted in a 4-4 tie, causing the motion to fail. This rare split vote highlighted the divided opinions among the governing body regarding the zoning change. However, following the failed motion, council members reconsidered their positions and ultimately reached a unanimous decision to postpone the matter until October 12, 2023. The dramatic shift from a tied vote to unanimous agreement suggests significant discussion and negotiation occurred among members to find common ground on the procedural approach.

Urban Service Boundary Expansion

The proposed Urban Service Boundary expansion faced strong opposition from community members during the public comment period. Multiple residents voiced concerns about the expansion proposal, with particular emphasis on the need to preserve agricultural land in the area. Citizens questioned both the necessity of the expansion and the process being used to evaluate it. The community opposition centered on protecting farmland from development and ensuring proper consideration of the environmental and agricultural impacts of extending urban services into currently rural areas. The volume and consistency of public comments opposing the expansion demonstrated organized community resistance to the proposal.

Both contested items reflect broader tensions between development pressures and community desires to preserve existing land uses and maintain careful oversight of growth-related decisions.

Approval of Minutes

0:30

The commission addressed the approval of minutes during this agenda item. Zach Davis noted that there were no new minutes prepared for approval at this meeting.

This was an informational item with no action required, as there were no minutes from previous meetings ready for the commission's review and approval.

214 Waller Avenue, LLC Zoning Map Amendment

0:45

The planning commission considered petition PLN-MAR-23-00009, a request by 214 Waller Avenue, LLC for a zoning map amendment. The petition sought to rezone the property from its current Wholesale and Warehouse Business (B-4) zone designation to a Lexington Center Business (B-2B) zone.

Fred Eastridge served as a key speaker during the discussion of this agenda item.

The commission ultimately decided to postpone consideration of the zoning map amendment petition. No further details were provided regarding the specific reasons for the postponement or when the item might be reconsidered at a future meeting.

The B-4 to B-2B zoning change would represent a shift from wholesale and warehouse business uses to the more restrictive Lexington Center Business district regulations, which typically allow for different types of commercial activities more suited to a central business district setting.

509 E Main, LLC Zoning Map Amendment

3:30

The planning commission considered petition PLN-MAR-23-00012, a zoning map amendment request from 509 E Main, LLC. The petition sought to change the property's zoning designation from Neighborhood Business (B-1) zone with conditional zoning restrictions to Neighborhood Business (B-1) zone with no conditional zoning restrictions.

Key speakers during the discussion included Nick Nicholson and Jessica Winters, though the specific details of their presentations and any concerns raised during the deliberation were not detailed in the available materials.

The commission ultimately decided to postpone consideration of this zoning map amendment request. The reasons for the postponement and any conditions or timeline for future consideration were not specified in the available documentation.

This petition represents a request to remove existing conditional zoning restrictions while maintaining the underlying B-1 Neighborhood Business zoning classification for the property located at 509 E Main Street.

Liberty Park Development, LLC Zoning Map Amendment

7:30

The Planning Commission considered petition PLN-MAR-23-00013, a request by Liberty Park Development, LLC for a zoning map amendment to change property from Wholesale and Warehouse Business (B-4) zone to Planned Neighborhood Residential (R-3) zone.

Key speakers during the discussion included Daniel Crum and Tom Martin, who presented details about the proposed zoning change. The petition sought to rezone the property to allow for residential development under the Planned Neighborhood Residential classification, which would replace the current commercial warehouse zoning designation.

The Commission reviewed the merits of converting the B-4 zoned property to R-3, which would enable residential development in the area. The R-3 zoning classification typically allows for higher-density residential uses and planned neighborhood developments with specific design standards and requirements.

Following discussion of the petition details and consideration of the zoning change request, the Planning Commission approved the zone map amendment. The approval allows Liberty Park Development, LLC to proceed with residential development plans under the new R-3 zoning designation, transitioning the property from its previous commercial warehouse use classification to planned neighborhood residential use.

Amendment to Article 17 for Additional Electronic Message Display Signage

11:00

The Planning Commission considered ordinance PLN-ZOTA-23-00002, a zoning ordinance text amendment to allow additional electronic message display signage, including video displays, in the Lexington Center Business (B-2B) zone.

Key speakers during the discussion included Traci Wade and Evan Buckly, who presented details about the proposed amendment to Article 17 of the zoning ordinance. The amendment specifically targets the B-2B zoning district, which covers the Lexington Center Business area.

The proposed changes would expand the types of electronic signage permitted in this commercial zone, allowing for more dynamic advertising displays including video content. This represents a modification to existing signage regulations that currently restrict certain types of electronic messaging.

The Planning Commission ultimately approved the zoning ordinance text amendment, allowing property owners and businesses in the Lexington Center Business zone to install additional electronic message displays and video signage systems under the revised regulations.