Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission convened on November 16, 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 four agenda items during the session, with mixed outcomes that included two approvals, one tabling, and one postponement. The Kingston Hall, Unit 1, Lot 8 Development Plan and the Joyland Crossing, LLC Zoning Map Amendment both received approval from the commission. However, the Black Soil: Our Better Nature, LLC Zoning Map Amendment was tabled for future consideration, while the Zoning Ordinance Text Amendment was postponed. Throughout the meeting, commissioners conducted seven motions and votes, and heard from four members of the public who provided comments on the various agenda items under consideration.

Attendance

The following members were present at the November 16, 2023 meeting:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The commission took action on seven items during the November 16, 2023 meeting, with all motions passing unanimously.

Postponements and Continuances:

0:02 William Wilson motioned to postpone the Botts/Cravens Homebuilders @ Paradise, LLC item until December 14th, seconded by Judy Worth. The motion passed unanimously.

0:05 Graham Pohl motioned to postpone PLN-MAR-23-00016, the Stavroff Land & Development, Inc Zoning Map Amendment and Lyndhurst Subdivision Development Plan, until December 14th. Janice Meyer seconded the motion, which passed unanimously.

5:45 Mike Owens motioned to continue PLN-MAR-23-00019, the Black Soil: Our Better Nature, LLC Zoning Map Amendment and Galbraith Subdivision Development Plan, to December 14th. Janice Meyer seconded, and the motion passed unanimously.

6:00 Graham Pohl motioned to postpone PLN-ZOTA-23-00006, a Zoning Ordinance Text Amendment, to December 14th. William Wilson seconded the motion, which passed by voice vote.

Approvals:

2:30 Mike Owens motioned to approve PLN-MJDP-23-00030, the Kingston Hall, Unit 1, Lot 8 Development Plan, with the condition that Providence Place Parkway be connected to Russell Cave Road upon issuance of the certificate of occupancy for the 60th unit. William Wilson seconded, and the motion passed unanimously.

3:45 The commission unanimously approved PLN-MAR-23-00018, the Joyland Crossing, LLC Zoning Map Amendment. Ivy Barksdale provided the second for this motion.

4:00 PLN-MJDP-23-00054, the Jones/Cottrell Property & Joyland Crossing, LLC Property Development Plan, was approved unanimously with the condition to denote cross access to the two parcels to the east.

All votes were conducted without recorded individual vote tallies, indicating unanimous consent among commission members present.

Public Comment

Four residents addressed the council during the public comment period, focusing on two main development-related issues.

Providence Parkway Connection

Two speakers expressed opposition to opening Providence Parkway to Russell Cave Road. Patty Drows raised concerns about traffic and safety issues that would result from the connection 2:45. Catherine Perkins echoed these concerns, specifically opposing what she characterized as a premature opening of the Providence Parkway to Russell Cave, citing similar traffic and safety considerations 2:50.

Development Projects

Mike Sloane addressed the proposed Joyland Crossing development, expressing concerns about both the height and density of the project 4:15. He also raised issues about the potential traffic impact the development would have on the surrounding area.

In contrast, Ashley C. Smith spoke in support of the Black Soil KY project 5:30. Smith emphasized the project's positive community benefits, particularly its role in providing local produce and improving community health outcomes.

The public comments reflected ongoing community discussions about balancing development growth with infrastructure capacity and quality of life concerns, while also highlighting support for projects seen as beneficial to community health and local food access.

Contested Items

Two development proposals faced significant community opposition during the November 16, 2023 meeting.

Black Soil: Our Better Nature, LLC Zoning Map Amendment

Community members raised concerns about the proposed zoning map amendment for Black Soil: Our Better Nature, LLC. The primary issue centered on potential uses that would be permitted under the requested B-1 zoning classification. Residents expressed apprehension about what types of businesses or activities could be established under this zoning designation and requested that conditional restrictions be placed on the property to limit future development options. The community opposition focused on ensuring appropriate land use controls rather than opposing development entirely.

Joyland Crossing, LLC Development

The proposed Joyland Crossing, LLC development generated resident concerns primarily related to traffic and safety impacts. Community members who spoke during the meeting expressed worries about how the new development would affect traffic patterns in the surrounding area and raised questions about potential safety issues that could arise from increased vehicle and pedestrian activity. The opposition appeared focused on infrastructure and public safety considerations rather than opposition to development in principle.

Both contested items involved community members actively participating in the public process to voice their concerns about proposed developments in their area. The nature of the opposition in both cases centered on specific impacts and implementation details rather than blanket opposition to the projects themselves.

Kingston Hall, Unit 1, Lot 8 Development Plan

2:00

The board discussed the development plan for Kingston Hall, Unit 1, Lot 8 during this agenda item. Key speakers included Tom Martin and Mike Owens, who presented details regarding the proposed development.

The discussion centered on the development plan's compliance with local zoning regulations and necessary infrastructure requirements. Board members reviewed conditions that would need to be met for approval, focusing on ensuring the project meets all regulatory standards and infrastructure needs.

The development plan was ultimately approved by the board, with conditions related to infrastructure improvements and adherence to zoning compliance requirements that must be satisfied before proceeding with the project.

Joyland Crossing, LLC Zoning Map Amendment

3:30

The board considered a zoning map amendment request from Joyland Crossing, LLC to allow for a multifamily residential development. The proposal involved changing the zoning designation to accommodate the planned residential project.

Key speakers during the discussion included Daniel Crumb and Dick Murphy, who presented details about the proposed development and addressed questions from board members. The speakers outlined the scope of the multifamily residential project and explained how the zoning change would facilitate the development plans.

The board reviewed the zoning amendment request as part of their consideration process for the proposed Joyland Crossing development. Discussion focused on the technical aspects of the zoning change and its alignment with the intended residential use.

Following the presentation and board discussion, the zoning map amendment for Joyland Crossing, LLC was approved, allowing the project to move forward with the necessary zoning designation for multifamily residential development.

Black Soil: Our Better Nature, LLC Zoning Map Amendment

5:15

The commission discussed a zoning map amendment request from Black Soil: Our Better Nature, LLC during agenda item 3. The proposal involves establishing a grocery store operation, which prompted discussion about the appropriate zoning classification and permitted uses.

Key speakers during the discussion included Chris Glendenning and Ashley C. Smith, who addressed various aspects of the zoning amendment request. The primary focus centered on the implications of B-1 zoning designation for the proposed grocery store development.

Commission members raised concerns about the potential uses that would be permitted under B-1 zoning beyond the stated grocery store purpose. The discussion highlighted questions about what other commercial activities might be allowed under this zoning classification and whether the current proposal adequately addressed the scope of permitted uses.

The zoning amendment represents Black Soil: Our Better Nature, LLC's effort to secure appropriate zoning for their grocery store concept, but the commission's deliberations revealed the need for further clarification on zoning implications and permitted uses.

Following the discussion of the various concerns and considerations raised by commission members, the item was tabled for further review. This outcome suggests that additional information or clarification may be needed before the commission can make a final determination on the zoning map amendment request.

The tabling of this item allows time for the applicant to potentially address the concerns raised about B-1 zoning uses and for the commission to conduct further review of the proposal's implications for the community.

Zoning Ordinance Text Amendment

6:00

The Planning Commission considered agenda item 4, a proposed zoning ordinance text amendment aimed at modernizing certain zones and providing density bonuses for affordable housing development.

Chris Duncan served as the key speaker for this agenda item, presenting the proposed amendments to the commission. The discussion focused on updating existing zoning regulations to better align with current development needs while incorporating incentives for affordable housing projects through density bonus provisions.

The proposed text amendments would modify zoning requirements to allow for increased development density in exchange for including affordable housing units in new projects. This approach is designed to encourage developers to incorporate affordable housing components into their developments by offering regulatory flexibility in return.

However, the commission ultimately decided to postpone consideration of the zoning ordinance text amendment. The postponement suggests that additional review, public input, or refinement of the proposed language may be needed before the commission is ready to move forward with a recommendation.

The decision to postpone indicates that while the concept of modernizing zoning regulations and providing affordable housing incentives has merit, the specific details of the proposed amendments require further consideration. This delay allows time for additional stakeholder input, legal review, or modifications to the proposed text before it returns to the commission for future consideration.

The zoning ordinance text amendment represents a significant policy initiative that could impact future development patterns and affordable housing availability in the jurisdiction. The postponement ensures that all aspects of the proposed changes receive thorough review before any final recommendations are made.