Planning Commission Zoning Items

Summary

Meeting Overview

The Urban County Planning Commission convened on June 27, 2024, 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 Larry Forester presiding as the presiding officer. The commission addressed seven agenda items during the session, taking nine motions and votes throughout the meeting while hearing two public comments from attendees.

The meeting resulted in a mixed outcome of approvals and postponements, with the commission successfully approving the meeting minutes and two zoning map amendment requests. The 3743 Freedom, LLC Zoning Map Amendment and the New Republic Architecture Zoning Map Amendment both received approval from the commission. However, three significant items were postponed for future consideration: the Kurt R. Volk Exempt Family Share Trust Zoning Map Amendment, proposed regulations for solar energy systems, and amendments to Articles 5, 18, and 26 regarding landscaping and tree protection requirements.

The session concluded with an informational presentation of the Nominating Committee Report, providing commissioners with updates on committee activities. The combination of approved zoning changes and postponed regulatory matters reflects the commission's careful deliberation process on both individual development requests and broader policy initiatives affecting the urban county's planning framework.

Attendance

The following members were present at the meeting on June 27, 2024:

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

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

Votes and Decisions

The commission took action on nine items during the June 27, 2024 meeting, with all 11 members present and voting.

Postponements

Three items were unanimously postponed 0:00:

• PLN-MAR-24-00007: Kurt R. Volk Exempt Family Share Trust zoning map amendment was postponed on a motion by Mike Owens, seconded by Judy Worth (11-0)

• PLN-ZOTA-24-00003: Regulation of solar energy systems text amendment was postponed on a motion by Robin Michler, seconded by Ivy Barksdale (11-0)

• PLN-ZOTA-24-00005: Amendment to Articles 5, 18, and 26 regarding Landscaping and Tree Protection was postponed on a motion by Robin Michler, seconded by Janice Meyer (11-0)

Approvals

Four items received unanimous approval 0:00:

• PLN-MAR-24-00008: 3743 Freedom, LLC zoning map amendment was approved on a motion by Johnathon Davis, seconded by Graham Pohl (11-0)

• PLN-MJDP-24-00033: Melody Village, Unit 3-C, Block C, Lot 12 (Freedom Senior Apartments) development plan was approved with a condition change from "discuss" to "resolve" in condition #11, on a motion by Johnathon Davis, seconded by Graham Pohl (11-0)

• PLN-MJSUB-24-00006: Stephens & Winslow Subdivision (Parsons Green Development, LLC Property) was approved with the removal of item 13, on a motion by Robin Michler, seconded by Judy Worth (11-0)

• Variances for New Republic Architecture zoning map amendment were approved on a motion by Robin Michler, seconded by William Wilson (11-0)

Split Vote

• PLN-MAR-24-00009: New Republic Architecture zoning map amendment without conditional zoning restrictions passed 8-3 on a roll call vote. Voting in favor: Larry Forester, Zach Davis, William Wilson, Janice Meyer, Ivy Barksdale, Robin Michler, Mike Owens, and Bruce Nicol. Voting against: Graham Pohl, Judy Worth, and Johnathon Davis. Motion by Robin Michler, seconded by Ivy Barksdale.

Continuance

The Shriners Hospital/Masonic Temple Association of Lexington, Inc. development plan discussion was continued to July 25, 2024, on a motion by Janice Meyer, seconded by Bruce Nicol (11-0).

Public Comment

Two speakers addressed the meeting during the public comment period.

Shannon Huffer 0:00 spoke as the project manager for the applicant regarding the Freedom Senior Apartments proposal. Huffer discussed the proposed senior affordable housing development and outlined the efforts that have been made to engage with the surrounding neighborhood community regarding the project.

A representative from the South Hill Neighborhood Association 0:00 also provided comments related to a New Republic Architecture project. The neighborhood association representative expressed the organization's support for the proposed project, specifically noting that they viewed the development as being context-sensitive and appropriate for the neighborhood character and setting.

Both comments focused on development projects and community engagement, with the neighborhood association representative providing positive feedback on the architectural approach being proposed for their area.

Appointments

The council took action on one appointment during the meeting.

• Johnathon Davis was reappointed to the Urban County Planning Commission

The reappointment of Davis to the planning commission continues his service on the body that reviews development proposals, zoning changes, and other land use matters within the urban county area.

Contested Items

The meeting featured one significant contested item that generated heated discussion among participants.

Shriners Hospital/Masonic Temple Association of Lexington, Inc. Development Plan

The primary point of contention centered on the proposed development plan submitted by the Shriners Hospital/Masonic Temple Association of Lexington, Inc. The disagreement focused specifically on the removal of significant trees from the development site and the adequacy of the proposed environmental mitigation measures.

The discussion became heated as disagreements emerged between the applicant and environmental services staff regarding the scope and implementation of tree removal mitigation plans. Environmental services raised concerns about the impact of removing significant trees from the property, while the applicant's representatives defended their proposed approach to addressing these environmental impacts.

The core dispute revolved around whether the current mitigation plan adequately addressed the environmental consequences of the proposed tree removal. Environmental services indicated that a revised mitigation plan would be necessary to properly compensate for the loss of significant vegetation on the site.

The disagreement highlighted the ongoing tension between development needs and environmental preservation requirements. Both parties presented their positions during the discussion, with environmental services emphasizing the importance of protecting existing tree cover and the applicant focusing on the practical requirements of their development proposal.

The outcome of this contested item was not definitively resolved during the meeting, with the indication that further work would be required on the mitigation plan before the development proposal could move forward. The need for a revised mitigation plan suggests that the environmental concerns raised during the discussion would need to be addressed through additional planning and documentation before final approval could be considered.

Approval of Minutes

0:00

The meeting began with consideration of minutes from two previous meetings held on May 9, 2024, and May 23, 2024. Mike Owens and Janice Meyer were the key participants in the discussion of these minutes.

The minutes required amendments before approval, though the specific nature of the changes was not detailed in the available materials. Following discussion of the necessary modifications, both sets of minutes were approved with the agreed-upon amendments.

This agenda item was completed early in the meeting, allowing the board to proceed with the remainder of their business with properly documented records of their previous proceedings.

Kurt R. Volk Exempt Family Share Trust Zoning Map Amendment

0:00

The planning commission considered petition PLN-MAR-24-00007, a request from the Kurt R. Volk Exempt Family Share Trust for a zoning map amendment. The proposal sought to rezone property from Agricultural Rural (A-R) to Agricultural Buffer (A-B) designation.

Key speakers during the discussion included Nick Nicholson and Judy Worth, who participated in the deliberations regarding this zoning change request.

The commission determined that additional discussion was necessary before making a decision on the petition. Rather than proceeding with a vote or approval at this meeting, the item was postponed to allow for further consideration of the zoning amendment proposal.

The outcome of this agenda item was a postponement, indicating that commissioners felt more time was needed to thoroughly review the request to change the property's zoning classification from Agricultural Rural to Agricultural Buffer. The specific reasons for the postponement or details about what additional information or discussion was needed were not detailed in the available materials.

The petition will presumably be reconsidered at a future planning commission meeting once the additional discussion has taken place.

Regulation of Solar Energy Systems

0:00

The Planning Commission considered agenda item PLN-ZOTA-24-00003, a proposed text amendment to create a new article in the Zoning Ordinance specifically addressing the regulation of solar energy systems.

Traci Wade served as the key speaker for this agenda item, presenting the proposed zoning text amendment that would establish comprehensive regulations for solar energy installations within the jurisdiction.

The proposed amendment aimed to create a dedicated article within the existing Zoning Ordinance to provide clear guidelines and standards for solar energy systems. This would represent a new regulatory framework specifically tailored to address the growing prevalence of solar installations in the community.

However, the Planning Commission ultimately decided to postpone consideration of this item. The postponement suggests that additional time may be needed for further review, public input, or refinement of the proposed regulations before the Commission is ready to take action.

The creation of specific solar energy regulations reflects the community's need to balance renewable energy development with appropriate land use controls and design standards. Such ordinances typically address issues including placement requirements, aesthetic considerations, safety standards, and compatibility with existing zoning districts.

No final action was taken on PLN-ZOTA-24-00003 during this meeting, and the item will be rescheduled for future consideration by the Planning Commission.

Amendment to Articles 5, 18, and 26: Landscaping and Tree Protection

The planning commission considered agenda item PLN-ZOTA-24-00005, a proposed text amendment to update landscaping and tree protection standards in Articles 5, 18, and 26 of the zoning ordinance 0:00.

Traci Wade served as the key speaker for this agenda item, presenting the proposed amendments to the commission members.

The proposed text amendment aimed to revise and update the existing landscaping and tree protection standards contained within the three articles of the municipal zoning code. These standards typically govern requirements for landscaping in new developments, tree preservation during construction, and related environmental protection measures.

However, the commission ultimately decided to postpone consideration of this agenda item rather than proceeding with discussion or voting. No specific reasons for the postponement were detailed in the available materials, and the timeline for when the item might return to the commission's agenda was not established.

The postponement means that the current landscaping and tree protection standards in Articles 5, 18, and 26 remain unchanged for now, and any developments or projects subject to these regulations will continue to operate under the existing framework until the commission takes up the proposed amendments at a future meeting.

3743 Freedom, LLC Zoning Map Amendment

0:00

The planning commission reviewed petition PLN-MAR-24-00008, a zoning map amendment request from 3743 Freedom, LLC to modify existing Conditional Zoning Restrictions for a senior affordable housing development project.

The petition sought to increase the allowable square footage limits under the current zoning restrictions to accommodate the proposed senior housing development. Key speakers during the discussion included Daniel Crum and Shannon Huffer, who presented details about the modification request and its implications for the project.

The amendment specifically addressed conditional zoning restrictions that were limiting the development's ability to provide adequate square footage for the planned senior affordable housing units. The modification was necessary to move forward with the housing project while maintaining compliance with local zoning requirements.

Following discussion of the petition details and consideration of the project's affordable housing component, the commission approved the zoning map amendment. The approval allows 3743 Freedom, LLC to proceed with their senior affordable housing development under the modified square footage allowances.

The successful petition represents progress toward increasing senior affordable housing options in the community while working within the established zoning framework through appropriate modifications to conditional restrictions.

New Republic Architecture Zoning Map Amendment

0:00

The planning commission reviewed petition PLN-MAR-24-00009, a request from New Republic Architecture for a zoning map amendment to change property designation from Neighborhood Business (B-1) zone to Medium Density Residential (R-4) zone.

Key speakers during the discussion included Daniel Crum and Robin Michler, who presented details regarding the proposed zoning change. The petition sought to rezone the property to allow for medium-density residential development rather than the current neighborhood business classification.

The commission considered the merits of converting the commercial zoning to residential use. The R-4 Medium Density Residential zone would permit higher-density housing development compared to lower-density residential classifications, while removing the current commercial development potential under the B-1 Neighborhood Business designation.

Following discussion of the proposal, the planning commission voted to approve the zoning map amendment. Notably, the approval was granted without any conditional zoning restrictions, meaning the property will be subject to the standard R-4 zoning requirements without additional limitations or special conditions imposed by the commission.

The approval allows New Republic Architecture to proceed with medium-density residential development plans for the property, representing a shift from potential commercial use to residential housing in the area.

Nominating Committee Report

0:00 Janice Meyer presented the Nominating Committee Report during the June 27, 2024 meeting. The committee recommended continuing with the same leadership team for the upcoming 2024 election.

Meyer delivered the committee's findings as an informational presentation to the board. The nominating committee had evaluated the current leadership structure and determined that maintaining continuity with the existing team would best serve the organization's interests.

The report was presented without debate or discussion from other board members. No concerns were raised regarding the committee's recommendation to retain the current leadership configuration.

This agenda item served as an informational update, with no formal action required from the board at this time regarding the nominating committee's recommendation for the 2024 election cycle.