Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on October 26, 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. The commission addressed five agenda items during the session, all of which were approved, including four zoning map amendments and one amendment to zoning articles related to Accessory Dwelling Units (ADUs).

The meeting featured active public participation with five public comments heard throughout the proceedings. The commission conducted nine motions and votes during the session, demonstrating thorough deliberation on the various zoning matters before them. All agenda items resulted in approval, including zoning map amendments for 214 Waller Avenue, LLC; Lexington Habitat for Humanity; Meadow Oaks Farm, LLC; and Red Draw Development, LLC, as well as amendments to Articles 1, 3, and 8 concerning Accessory Dwelling Units.

Attendance

The following members were present at the meeting on October 26, 2023:

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

All ten members were in attendance. No members were reported as absent or late for the meeting.

Votes and Decisions

The commission voted on nine items during the October 26, 2023 meeting, with eight passing unanimously and one passing by a 7-3 margin.

Unanimous Approvals:

• PLN-MAR-23-00009 2:00: Zone map amendment for 214 Waller Avenue, LLC passed unanimously (10-0) on a motion by Janice Meyer, seconded by William Wilson, with conditional zoning restrictions applied.

• PLN-MJDP-23-00045 2:00: Development plan for OT & Elizabeth Robinson Property passed unanimously (10-0) on a motion by Janice Meyer, seconded by Judy Worth, with 6 revised conditions provided by Staff.

• PLN-MAR-23-00014 5:00: Zone map amendment for Lexington Habitat for Humanity passed unanimously (10-0) on a motion by William Wilson, seconded by Ivy Barksdale.

• PLN-MJSUB-23-00005 5:00: Subdivision plan for Delong Addition, Lots 17, 18, and 19 passed unanimously (10-0) on a motion by William Wilson, seconded by Ivy Barksdale, with 10 revised conditions provided by Staff.

• PLN-MAR-23-00015 8:00: Zone map amendment for Meadow Oaks Farm, LLC passed unanimously (10-0) on a motion by Zach Davis, seconded by Janice Meyer.

• PLN-MJDP-23-00056 8:00: Development plan for Meadow Oaks, Unit 2 (Ashford Oaks) passed unanimously (10-0) on a motion by Zach Davis, seconded by Janice Meyer, with 10 revised conditions provided by Staff.

• PLN-MAR-23-00017 11:00: Zone map amendment for Red Draw Development, LLC passed unanimously (10-0) on a motion by William Wilson, seconded by Zach Davis.

• PLN-MJDP-23-00063 11:00: Development plan for Pleasant Ridge Subdivision passed unanimously (10-0) on a motion by William Wilson, seconded by Graham Pohl, with a condition to consider connectivity to Paradise Lane at final development plan.

Roll Call Vote:

• PLN-ZOTA-23-00007 12:00: Amendment to Articles 1, 3, and 8 for second kitchens, accessory living quarters, and accessory dwelling units passed 7-3 on a motion by Bruce Nicol, seconded by Graham Pohl. Voting in favor: Larry Forester, Zach Davis, William Wilson, Ivy Barksdale, Robin Michler, Graham Pohl, and Bruce Nicol. Voting against: Mike Owens, Janice Meyer, and Judy Worth.

Public Comment

Five residents addressed the council during the public comment period, all focusing on proposed changes to Accessory Dwelling Unit (ADU) regulations 12:00.

Patty spoke first, expressing strong concerns about removing the owner occupancy requirement for ADUs. She argued that eliminating this requirement would lead to an increase in rental properties and negatively impact neighborhood character.

Jenny Daily, representing the Fayette County Neighborhood Council, echoed similar concerns about the proposed ADU regulation changes. She specifically highlighted worries about allowing short-term rentals in ADUs and the potential removal of owner occupancy requirements.

Walt Gaffield emphasized the importance of maintaining a registration system for accessory living quarters. He also expressed specific concerns about proposals to allow modified trailers to qualify as ADUs, suggesting this could compromise housing standards.

Blake Hall presented a contrasting viewpoint, arguing against what he characterized as the stigmatization of renters. He voiced support for removing the owner occupancy requirement for ADUs, suggesting that such restrictions unfairly discriminate against rental housing.

Amy Clark focused on two specific regulatory concerns: the potential for allowing short-term rentals in new detached ADUs and suggested that accessory living quarters should be classified as a conditional use rather than a permitted use, which would require additional review and approval processes.

The comments revealed a clear divide among residents, with some favoring stricter regulations to preserve neighborhood character and others supporting more flexible rules to increase housing options. All speakers addressed various aspects of ADU policy, including owner occupancy requirements, short-term rental permissions, registration processes, and the types of structures that should qualify as accessory dwelling units.

Contested Items

Two significant issues generated substantial debate during the October 26, 2023 meeting, highlighting divisions among participants on key development and zoning matters.

Owner Occupancy Requirement for ADUs

The most heated discussion centered on whether to eliminate the owner occupancy requirement for accessory dwelling units (ADUs). This proposal sparked significant debate among meeting participants, with concerns raised about the potential consequences of removing this restriction. Opponents worried that eliminating the owner occupancy requirement could lead to an increase in rental properties throughout residential neighborhoods, fundamentally altering the character of these areas. The debate focused on balancing housing flexibility with maintaining neighborhood stability and ensuring that ADU policies serve their intended purpose of providing additional housing options while preserving community character.

Blue Sky Area Urban Service Boundary Inclusion

The second contested item involved whether to include the Blue Sky area within the urban service boundary expansion. This issue resulted in a split vote, indicating significant disagreement among decision-makers about the appropriateness of this inclusion. Concerns were raised regarding planning considerations and connectivity issues related to incorporating the Blue Sky area into the expanded boundary. The debate likely centered on infrastructure requirements, service delivery capabilities, and how well the area would integrate with existing urban development patterns.

Both contested items reflect broader tensions in community development between growth accommodation and preservation of existing neighborhood characteristics. The disagreements highlight the complex considerations involved in zoning decisions and urban planning, where participants must weigh housing needs, infrastructure capacity, and community impact when making policy decisions that will affect long-term development patterns.

*Note: Specific transcript timestamps were not available in the provided data for these contested items.*

214 Waller Avenue, LLC Zoning Map Amendment

2:00

The council considered petition PLN-MAR-23-00009, a zoning map amendment request from 214 Waller Avenue, LLC to rezone property located at 416 & 418 W. Maxwell Street from Wholesale and Warehouse Business (B-4) zone to Lexington Center Business (B-2B) zone.

Key speakers during the discussion included Daniel Crum and Tom Martin, who presented information regarding the proposed zoning change. The petition sought to transition the property from its current industrial warehouse designation to a business classification more aligned with the Lexington Center area.

The B-4 to B-2B zoning change would allow for different permitted uses on the Maxwell Street properties, moving from wholesale and warehouse operations to business activities typical of the Lexington Center Business district. This type of rezoning typically involves considerations of compatibility with surrounding land uses, traffic impacts, and alignment with comprehensive planning goals.

Following the presentation and discussion of the zoning amendment request, the council approved the petition. The approval allows 214 Waller Avenue, LLC to proceed with development plans under the new B-2B zoning classification for the properties at 416 & 418 W. Maxwell Street.

Lexington Habitat for Humanity Zoning Map Amendment

5:00

The council considered petition PLN-MAR-23-00014, a zoning map amendment request from Lexington Habitat for Humanity to rezone properties from Neighborhood Business (B-1) to Planned Neighborhood Residential (R-3). The petition covers five properties: 220, 224, 226, and 228 E. Seventh Street, along with 628 Maple Street.

Key speakers during the discussion included Daniel Crum and Tom Martin, who presented details about the proposed zoning change. The amendment would allow Habitat for Humanity to develop affordable residential housing on properties currently zoned for neighborhood business use.

The R-3 Planned Neighborhood Residential designation would provide greater flexibility for residential development while maintaining compatibility with the surrounding neighborhood character. This zoning classification typically allows for a mix of housing types and densities appropriate for transitional areas between commercial and residential districts.

The council ultimately approved the zoning map amendment, enabling Lexington Habitat for Humanity to move forward with their affordable housing development plans for these East Seventh Street and Maple Street properties. The approval represents the city's support for expanding affordable housing options in the community through strategic rezoning of underutilized commercial properties.

Meadow Oaks Farm, LLC Zoning Map Amendment

8:00

The council considered petition PLN-MAR-23-00015, a zoning map amendment request from Meadow Oaks Farm, LLC to rezone property from Expansion Area Residential 2 (EAR-2) to Community Center (CC) zone. The petition covers property located at 3320 Feliciana Lane and 6810 Man O War Boulevard.

Key speakers during the discussion included Daniel Crum and Tom Martin, who presented details about the proposed zoning change. The Community Center zoning designation would allow for different types of development than the current residential zoning permits.

The petition was ultimately approved by the council, representing a change from residential zoning to a more commercial/mixed-use designation for the properties on Feliciana Lane and Man O War Boulevard.

*Note: Additional details about the specific discussion points, concerns raised, or conditions of approval were not available in the provided source materials.*

Red Draw Development, LLC Zoning Map Amendment

11:00

The council considered ordinance PLN-MAR-23-00017, a petition by Red Draw Development, LLC for a zoning map amendment affecting properties at 2156, 2176, and 2184 Liberty Road. The proposal sought to rezone the parcels from their current designations of Single Family Residential (R-1B) zone and Planned Neighborhood Residential (R-3) zone to a Medium Density Residential (R-4) zone.

Daniel Crum served as a key speaker during the discussion of this zoning amendment request. The R-4 zoning classification would allow for higher density residential development compared to the existing R-1B and R-3 designations, potentially enabling more housing units per acre on the affected properties.

The zoning change represents a transition from lower-density single-family and planned neighborhood residential uses to medium-density residential development. This type of amendment typically allows for townhomes, condominiums, or other multi-family housing options that fall between single-family homes and high-density apartment complexes.

Following the presentation and discussion, the council approved the zoning map amendment. The approval will allow Red Draw Development, LLC to proceed with development plans that align with the new R-4 zoning classification for the Liberty Road properties.

Amendment to Articles 1, 3, and 8 for ADUs

12:00 The planning commission considered ordinance PLN-ZOTA-23-00007, a text amendment to update definitions and restrictions regarding second kitchens, accessory living quarters, and accessory dwelling units (ADUs) in Articles 1, 3, and 8 of the zoning code.

Key speakers Chris Taylor and Rachael Lay presented the proposed changes to the commission. The amendment focused on clarifying terminology and updating regulations for ADUs, second kitchens, and accessory living quarters to provide better guidance for property owners and staff.

The text amendment aimed to address inconsistencies in the current code language and provide clearer definitions for these residential accessory uses. The changes would affect how these structures are regulated and permitted within the jurisdiction.

The commission approved the ordinance amendment following the presentation and discussion of the proposed changes.