Planning Commission Zoning Items

Summary

Meeting Overview

The Urban County Planning Commission convened on November 21, 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 meeting officer. The commission addressed five agenda items during the session, with mixed outcomes that reflected careful deliberation on various development and zoning matters affecting Lexington-Fayette County.

The meeting resulted in eight motions and votes being taken as commissioners worked through the agenda items. Three agenda items were deferred for future consideration, including zoning map amendment requests from Rose Holdings-Lexington, LLC and Realty Unlimited Blue Grass, LLC, as well as proposed revisions to Article 23A-10 for the Economic Development (ED) Zone. The commission denied one item—an amendment to Article 17 concerning digital billboards—while approving the Division of Water Quality Headquarters Public Facilities Review.

Public participation was evident with three public comments heard during the proceedings, allowing community members to voice their perspectives on the matters before the commission. The deferrals of multiple items suggest the commission took a cautious approach, likely seeking additional information or time for further review before making final determinations on significant zoning and development proposals that could impact the community's growth and character.

Attendance

The following individuals were present at the meeting on November 21, 2024:

Present: • Larry Forester • Robin Michler • Mike Owens • Bill Wilson • Frank Penn • Bruce Nicol • Graham Pohl • Ivy Barksdale • Johnathon Davis • Zach Davis • Judy Worth

All expected attendees were present for the meeting. No absences or late arrivals were recorded.

Votes and Decisions

The Planning Commission took action on eight items during the November 21, 2024 meeting.

Minutes Approval 0:30 Zach Davis moved to approve the minutes from the October 10, 2024, and October 24, 2024, public hearings, seconded by Mike Owens. The motion passed unanimously 11-0.

Postponements Three items were postponed unanimously: - PLN-MAR-24-00017 2:00: Rose Holdings-Lexington, LLC zone map amendment was postponed until December 12, 2024, on a motion by Johnathon Davis, seconded by Judy Worth (11-0). - PLN-ZOTA-24-00006 3:00: Revisions to Article 23A-10 for the Economic Development (ED) zone were postponed until January 30, 2025, on a motion by Judy Worth, seconded by Johnathon Davis (11-0). - PLN-MAR-22-00016 4:00: Realty Unlimited Blue Grass, LLC zone map amendment was postponed until December 12, 2024, on a motion by Bill Wilson, seconded by Ivy Barksdale (11-0).

Digital Billboard Amendment (PLN-ZOTA-24-00008) This item required multiple votes: - 6:00 Bruce Nicol's motion with alternative staff text allowing non-conforming signs at Board of Adjustment failed 1-8-2, with only Nicol voting yes. - 7:00 Bill Wilson's motion with alternative staff text failed 3-8, with Wilson, Owens, and Nicol voting yes. - 8:00 Robin Michler's motion to disapprove passed 8-3, with Penn, Pohl, Worth, Z. Davis, Michler, J. Davis, and Owens voting yes; Nicol, Barksdale, and Wilson voting no.

Public Facilities Review (PFR 2024-4) 9:00 The Division of Water Quality Headquarters Public Facilities Review was approved unanimously 11-0 on a motion by Judy Worth, seconded by Johnathon Davis, with conditions requesting 30% tree canopy coverage and stormwater filtration system incorporation.

Public Comment

Three community members spoke during the public comment period, all expressing opposition to digital billboards.

Amy Clark 5:00 voiced concerns about digital billboard proposals, focusing on the intensity of these displays and potential enforcement challenges. Clark highlighted that digital billboards would have a disproportionate negative impact on impoverished areas of the community.

Walt Gaffield 5:30 raised safety-related objections to digital billboards, specifically citing distracted driving as a major concern. Gaffield also pointed out a policy conflict, noting that allowing digital billboards on corridors where the city is simultaneously trying to encourage housing development creates competing land use priorities.

Mike Brower 5:45 expressed his neighborhood's opposition to digital billboards, emphasizing safety concerns similar to previous speakers. Brower raised an additional security issue, warning about the potential for digital billboards to be hacked, which could create unforeseen problems for the community.

All three speakers presented a unified front against digital billboard implementation, though they approached the issue from different angles - economic equity, traffic safety, housing policy conflicts, and cybersecurity vulnerabilities. The comments suggest organized community opposition to any digital billboard ordinance the governing body may be considering.

Contested Items

The meeting featured one significant contested item that generated substantial debate among participants.

Amendment to Article 17 for Digital Billboards

The primary source of contention during the meeting centered on a proposed amendment to Article 17 that would have allowed digital billboards within the jurisdiction. The proposal faced strong opposition from multiple participants, resulting in a heated discussion that ultimately led to the measure's rejection.

The opposition to the digital billboard amendment was based on several key concerns:

• Safety issues - Participants raised questions about potential driver distraction and traffic safety implications
• Aesthetic concerns - Community members expressed worry about the visual impact on the local landscape and character
• Light pollution - Environmental concerns were voiced regarding the potential for increased light pollution from digital displays

The debate became particularly intense as supporters and opponents of the measure presented their arguments. Despite any potential economic benefits that proponents may have cited, the collective concerns about safety, community aesthetics, and environmental impact proved decisive.

The outcome of this contentious discussion was the disapproval of the proposed amendment. The digital billboard proposal was ultimately rejected, with the opposition's concerns about safety, visual impact, and light pollution carrying the day.

This contested item dominated much of the meeting's discussion time and demonstrated the community's strong feelings about maintaining local character while balancing potential development opportunities. The rejection of the digital billboard amendment reflects the participants' prioritization of safety and environmental considerations over potential commercial interests.

*Note: Specific transcript timestamps are not available for this meeting summary.*

Rose Holdings-Lexington, LLC Zoning Map Amendment

2:00

The Planning Commission considered petition PLN-MAR-24-00017, a request by Rose Holdings-Lexington, LLC for a zoning map amendment to change property from Single Family Residential (R-1A) to Planned Neighborhood Residential (R-3) zoning.

Bruce Simpson served as a key speaker during the discussion of this zoning petition.

The proposed amendment would allow for higher density residential development by transitioning from the current R-1A single-family zoning to R-3 planned neighborhood residential zoning, which typically permits multi-family housing and mixed residential uses.

However, the petition faced opposition from both neighborhood residents and planning staff. Concerns were raised regarding the appropriateness of the zoning change and its potential impacts on the surrounding community. The specific nature of the neighborhood and staff concerns was not detailed in the available information.

Due to these unresolved issues, the Planning Commission decided to postpone consideration of the zoning map amendment. This deferral will allow time for the applicant to address the concerns raised by both community members and planning staff before the petition returns for further review.

The postponement reflects the Commission's commitment to thoroughly evaluating zoning changes that could significantly impact neighborhood character and ensuring that all stakeholder concerns are properly addressed before making a final determination on the requested amendment.

Revisions to Article 23A-10 for the Economic Development (ED) Zone

3:00

The Planning Commission considered agenda item PLN-ZOTA-24-00006, a proposed text amendment to modify the Economic Development (ED) zone regulations under Article 23A-10.

Joe Brumley participated in the discussion of this zoning text amendment. However, rather than proceeding with a detailed review or vote on the proposed changes, the Commission determined that additional work was needed on the modifications.

The item was postponed to allow staff time to work on revisions to the proposed text amendment. This deferral suggests that the current draft required further refinement before the Commission felt comfortable moving forward with consideration of the changes to the ED zone regulations.

The Economic Development zone is designed to accommodate various commercial and industrial uses that support economic growth. Text amendments to zoning ordinances typically involve changes to permitted uses, development standards, or procedural requirements within specific zoning districts.

Outcome: The agenda item was deferred to allow staff to work on modifications to the proposed text amendment before bringing it back to the Planning Commission for further consideration.

Realty Unlimited Blue Grass, LLC Zoning Map Amendment

4:00

The planning commission considered petition PLN-MAR-22-00016, a zoning map amendment request from Realty Unlimited Blue Grass, LLC. The petition sought to rezone property from Single-Family Residential (R-1C) to Townhouse Residential (R-1T).

Daniel Crum served as a key speaker during the discussion of this agenda item.

The commission ultimately decided to postpone consideration of the zoning map amendment request. No further details about the specific reasons for the deferral or timeline for future consideration were provided in the available materials.

The petition remains pending before the planning commission for future review and action.

Amendment to Article 17 for Digital Billboards

6:00 The Planning Commission considered agenda item PLN-ZOTA-24-00008, a proposed text amendment to Article 17 that would define and regulate digital billboards within the city's zoning ordinance.

Daniel Crum served as the key speaker presenting the proposed amendment. The discussion centered on establishing regulatory framework for digital billboard technology, which would represent a significant change from traditional static billboard signage currently addressed in the zoning code.

During the extensive deliberations, commissioners raised multiple concerns about the potential impacts of allowing digital billboards in the community. Safety emerged as a primary issue, with discussion focusing on whether the changing electronic displays could create driver distraction hazards. Commissioners also expressed concerns about the aesthetic impact these digital signs would have on the community's visual character and streetscape.

Light pollution represented another significant area of concern during the debate. Commissioners discussed how the illuminated digital displays could affect surrounding neighborhoods and contribute to unwanted light spillover, particularly during evening and nighttime hours.

The comprehensive discussion weighed the potential benefits of modernizing billboard regulations against the various community impact concerns. Despite the presentation of the regulatory framework, the commissioners ultimately determined that the risks and negative impacts outweighed the potential benefits.

Following the extensive debate on safety, aesthetics, and light pollution issues, the Planning Commission voted to deny the proposed text amendment. This decision means that digital billboards will continue to be prohibited under the current zoning ordinance, and the existing regulations governing traditional static billboards remain unchanged.

The denial of PLN-ZOTA-24-00008 reflects the commission's prioritization of community safety and visual character preservation over the modernization of billboard technology regulations.

Division of Water Quality Headquarters Public Facilities Review

9:00

The board reviewed Public Facilities Review PFR 2024-4 concerning the construction of the Division of Water Quality Headquarters and Operations Facility. Daniel Crum presented the review findings to the board.

The review examined the proposed facility's compliance with the Comprehensive Plan and determined that the project meets the established requirements. The Division of Water Quality Headquarters and Operations Facility was found to be in full compliance with applicable planning standards and guidelines.

While the facility received approval for compliance, the review included additional recommendations to enhance the project. The specific details of these recommendations were not elaborated upon during the presentation, but they were noted as supplementary guidance for the facility's development.

The board approved PFR 2024-4, allowing the Division of Water Quality to proceed with their headquarters and operations facility construction project. This approval confirms that the facility design and intended use align with the jurisdiction's comprehensive planning objectives and regulatory requirements.

The Division of Water Quality Headquarters and Operations Facility represents infrastructure development to support water quality monitoring and regulatory functions within the region. The successful completion of this public facilities review process enables the division to move forward with construction while ensuring compliance with established planning standards.