Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on February 12, 2009, at 1:35 PM in the Council Chambers of the Urban County Government Building, located at 200 East Main Street, Lexington, Kentucky, with Randall Vaughn presiding. The meeting addressed two agenda items, resulting in one approval and one denial: the James Motor Company Property amendment was approved, while a proposed text amendment concerning Dwelling Unit and Extended Stay Hotel definitions was denied. Over the course of the meeting, the Commission conducted 9 motions and votes and heard 6 public comments across the two items of business.

Attendance

The following members were recorded for the Commission meeting on February 12, 2009.

Present: - Randall Vaughn - Neill Day *(arrived late)* - Carolyn Richardson - Lynn Roche-Phillips - Marie Copeland - Mike Owens - Joan Whitman *(arrived late)* - Mike Cravens - Patrick Brewer

Absent: - Ed Holmes - Frank Penn

Nine members were present in total, though Neill Day and Joan Whitman arrived after the meeting had begun. Ed Holmes and Frank Penn were absent from the meeting entirely.

Votes and Decisions

The Commission took the following actions during the February 12, 2009 meeting:

• Minutes Approval 0:42: Mike Owens moved, Patrick Brewer seconded, to approve the minutes from December 11, 2008; December 18, 2008; and January 15, 2009. The motion passed 7–0 by voice vote.

• PLAN 2008-71P – Hampton Springs 1:52: Mike Cravens moved, Mike Owens seconded, to postpone this item to March 12, 2009. The motion passed 7–0 by voice vote.

• PLAN 2008-76F – Bogie Estate, Lot 1 3:01: Mike Owens moved, Carolyn Richardson seconded, to postpone this item to March 12, 2009. The motion passed 7–0 by voice vote.

• PLAN 2007-239F and PLAN 2007-241F – Gess Property, Units 6-A and 6-C 4:03: Marie Copeland moved, Mike Cravens seconded, to postpone both items to March 12, 2009. The motion passed 7–0 by voice vote.

• DP 2008-89 – Townhouses of Lexington (Regency Point) (AMD) 5:40: Carolyn Richardson moved, Joan Whitman seconded, to approve the withdrawal of this item. The motion passed 8–0 by voice vote.

• Consent Agenda 11:34: Mike Owens moved, Carolyn Richardson seconded, to approve all consent agenda items. The motion passed 9–0 by voice vote.

• PLAN 2009-13F – James Motor Company Property (AMD.) 20:21: Mike Cravens moved, Carolyn Richardson seconded, to approve this item with conditions, including the addition of a 20-foot building line along Lot 2, and with a waiver granted. The motion passed 9–0 by voice vote.

• ZOTA 2009-1 1:39:59: Lynn Roche-Phillips moved to postpone this item to March 26, 2009. The motion passed 9–0 by voice vote.

• ZOTA 2009-2 – Text Amendment Regarding Dwelling Unit and Extended Stay Hotel Definitions 3:24:46: Lynn Roche-Phillips moved to disapprove this text amendment, citing the need for more time to evaluate the proposal. The motion to disapprove passed 8–1 by voice vote, with Mike Owens casting the sole dissenting vote.

Public Comment

Six members of the public addressed the Commission regarding ZOTA 2009-2, a proposed zoning text amendment, with the majority speaking in opposition. 1:54:39

• Knox Van Naughel spoke in support of ZOTA 2009-2, arguing that the text amendment strikes a balance between promoting tourism and protecting property rights, and that it would encourage stability in rural and residential areas. 1:54:39

• Tony Hancock spoke in opposition, describing firsthand disruptions caused by a neighboring property being operated as a hotel. He raised specific concerns about safety impacts on his farm operations resulting from the neighboring property's use. 1:57:00

• Dick Murphy also opposed the amendment, contending that it is unnecessary and that the underlying conflict is a neighborhood dispute that would be better resolved through mediation rather than a zoning regulation change. 2:08:14

• Paul Bracken expressed concern that the amendment would effectively force him to sell his home, which he currently rents to tourists. He proposed a licensing process as an alternative approach to regulating short-term rentals rather than an outright text amendment. 2:42:09

• Kate Savage criticized the amendment as unnecessary and voiced frustration that what she characterized as more pressing zoning issues in her neighborhood are not receiving attention from the Commission. 2:44:49

• William Wharton raised concerns about the amendment's potential effect on housing choice for residents, and suggested that existing landlord-tenant regulations could be used to address the issues motivating the proposed amendment rather than enacting new zoning language. 2:48:41

Overall, public comment reflected significant concern about the scope and necessity of ZOTA 2009-2, with opponents offering several alternative approaches — including mediation, licensing, and use of existing regulations — while one speaker expressed support for the amendment as a means of protecting residential and rural areas.

Contested Items

ZOTA 2009-2: Text Amendment on Dwelling Unit and Extended Stay Hotel Definitions

The Commission took up a proposed text amendment — designated ZOTA 2009-2 — that would revise the definitions of "dwelling unit" and "extended stay hotel" in the local zoning code. The item generated significant opposition and prompted heated discussion during the meeting.

Property owners and community members spoke against the amendment, raising concerns about its potential impact on property rights and on tourism. The nature of the disagreement centered on how the revised definitions would affect existing properties and businesses operating under the current regulatory framework, with opponents suggesting the changes could restrict or otherwise negatively alter how certain properties are used or classified.

The structured record does not specify the names of individual speakers, the precise vote count, or the final outcome of the Commission's deliberations on this item.

JAMES MOTOR COMPANY PROPERTY (AMD.)

Agenda Item: PLAN 2009-13F 12:48

The Commission took up discussion of an amendment related to the James Motor Company property. The item centered on a proposal to subdivide one existing lot into two lots, along with a request for a waiver concerning sewer line bonding requirements.

Key speakers on this item included Tom Martin and Rena Wiseman, who participated in presenting and discussing the proposal before the Commission.

The Commission considered both elements of the request — the lot subdivision and the sewer line bonding waiver — and deliberated on the conditions under which approval would be appropriate. No significant unresolved objections are noted in the record.

The item was ultimately approved with conditions.

Text Amendment on Dwelling Unit and Extended Stay Hotel Definitions

1:40:33

The Commission considered ZOTA 2009-2, a proposed text amendment to change definitions related to dwelling units and extended stay hotels.

Key speakers on this item included Traci Wade, Dick Murphy, and Tony Hancock. The discussion centered on the implications of revising these definitions within the zoning ordinance, with commissioners and participants raising concerns about the potential impact the changes could have and whether sufficient evaluation had been conducted before moving forward.

After deliberation, the Commission ultimately denied the amendment, citing the need for further review and evaluation before any changes to the dwelling unit and extended stay hotel definitions could be approved.