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Planning Commission Zoning Public Hearing

February 26, 2009 · Commission · 29,720 words

Summary

Meeting Overview

The Urban County Planning Commission convened on February 26, 2009, at 1:30 PM in the Council Chamber on the 2nd Floor of the LFUCG Government Center, located at 200 East Main Street, Lexington, Kentucky. The meeting addressed 11 agenda items, spanning a range of zoning map amendments, development plan reviews, a public facilities review, and a zoning ordinance text amendment initiation. Over the course of the meeting, 10 motions and votes were taken and 3 public comments were heard. Of the items considered, 5 were approved, 3 were postponed, 1 was denied, and 1 was informational in nature. The minutes from a prior meeting were also approved.

Attendance

The following 11 members were present at the February 26, 2009 Commission meeting:

  • Patrick Brewer
  • Marie Copeland
  • Mike Cravens
  • Neill Day
  • Ed Holmes
  • Mike Owens
  • Frank Penn
  • Carolyn Richardson
  • Lynn Roche-Phillips
  • Randall Vaughn
  • Joan Whitman

No members were absent. Joan Whitman was present but arrived late to the meeting.

Votes and Decisions

The Commission took the following actions at its February 26, 2009 meeting:

  • Meeting Minutes 0:02: The minutes of the January 29, 2009 Planning Commission meeting were approved on a voice vote of 10–0. Motion by Neill Day, seconded by Mike Owens.
  • MAR 2008-31 0:04: A zoning map amendment for Trustees of the First United Methodist Church of Lexington, Kentucky was postponed on a voice vote of 10–0. Motion by Frank Penn, seconded by Carolyn Richardson.
  • MAR 2008-23 0:05: A zoning map amendment for Thomas & Corbett, LLC was postponed on a voice vote of 10–0. Motion by Ed Holmes, seconded by Carolyn Richardson.
  • MAR 2008-32 0:19: A zoning map amendment for RML Construction, RLLP was approved on a voice vote of 11–0 with 1 abstention, subject to a conditional zoning restriction regarding lighting. Motion by Frank Penn, seconded by Mike Cravens.
  • ZDP 2008-148 0:20: A zoning development plan for the Adams Property was approved on a voice vote of 11–0 with 1 abstention, with a correction to condition #1 and deletion of condition #8. Motion by Frank Penn, seconded by Mike Cravens.
  • MAR 2009-2 1:12: A zoning map amendment for Property Partners, LLC was approved on a voice vote of 11–0, subject to conditional zoning restrictions for prohibited uses. Motion by Marie Copeland.
  • ZDP 2009-11 1:17: A zoning development plan for Big Run Industrial Park, Unit 3 was approved on a voice vote of 11–0, with conditions to resolve required improvements to Stone Road and potential access to Goldrush Road. Motion by Frank Penn, seconded by Mike Owens.
  • MAR 2009-3 2:42: A motion to disapprove a zoning map amendment for Clayton Ray, Jr. passed on a voice vote of 9–2, with reason number two deleted from the findings. Motion by Mike Owens.
  • ZDP 2009-10 2:43: A zoning development plan for Picklesimer Subdivision was postponed on a voice vote of 11–0, pending council action. Motion by Mike Owens.
  • Article 17 Text Amendment 3:18: Initiation of a text amendment to Article 17 of the Zoning Ordinance regarding signage in downtown zones was approved on a voice vote of 11–0.

Public Comment

Three members of the public addressed the Commission during the meeting, speaking on two separate agenda items.

Zoning Change for Clayton Ray, Jr.

Two speakers came forward in opposition to a proposed zoning change associated with Clayton Ray, Jr.

  • Larry Hamilton 2:09:01 expressed concern about the impact the rezoning would have on the surrounding neighborhood, specifically raising the potential for further industrial encroachment into the area.
  • Kenneth Nash Calvin III 2:14:54 also opposed the zoning change, emphasizing the importance of preserving the residential character of the affected area.

Public Facility Review for Salt Barn

  • Mr. Tucker 3:01:39 addressed the Commission regarding the public facility review for a salt barn project. His comments centered on three key concerns: transparency in the review process, potential environmental impact of the project, and the need for meaningful public input before any decisions were made.

Both agenda items drew opposition or scrutiny from community members, with the zoning change generating comment from multiple residents focused on neighborhood preservation and the salt barn review prompting questions about process and environmental accountability.

Contested Items

Zoning Map Amendment for Clayton Ray, Jr.

The most contentious matter before the Commission at the February 26, 2009 meeting was a proposed zoning map amendment associated with Clayton Ray, Jr. The item drew strong opposition from area residents, who raised concerns about industrial encroachment into their neighborhood and the potential negative effects on its residential character.

Community members spoke against the rezoning, arguing that approving the amendment would undermine the existing character of the surrounding residential area. The core disagreement centered on whether the proposed change in zoning designation was compatible with the neighborhood's established land use patterns, with residents expressing alarm that industrial activity could follow if the amendment were approved.

The structured data does not specify the final outcome of the vote or provide additional detail on the specific zoning classifications involved or the precise location of the affected property.

Approval of Minutes

2:40

The Commission took up the approval of minutes from its previous meeting on January 29, 2009. Neill Day and Mike Owens were the key speakers during this portion of the meeting. The minutes were reviewed by the Commission, and the item was approved without issue.

Zoning Map Amendment for First United Methodist Church

Agenda Item: MAR 2008-31 4:19

The Commission took up consideration of a zoning map amendment for the First United Methodist Church, which proposed changing the property's designation from residential to business zoning.

  • Key speaker: Foster Ockerman Jr. appeared in connection with this agenda item.
  • The item concerns a rezoning request that would shift the First United Methodist Church's property classification from a residential zone to a business zone.
  • Outcome: The item was postponed and did not receive a final vote or resolution at this meeting.

No additional details regarding the specific arguments presented, concerns raised, or the reasons for postponement are available from the meeting record.

Zoning Map Amendment for Thomas & Corbett, LLC

Agenda Item: MAR 2008-23 5:56

The Commission took up consideration of a zoning map amendment requested by Thomas & Corbett, LLC. The proposed amendment sought to change the zoning designation of the subject property from residential to neighborhood residential zoning.

  • Key Speaker: Rory Kaley addressed the Commission on this item.
  • Outcome: The item was postponed. No final action was taken on the zoning map amendment at this meeting.

The structured record does not include additional detail regarding the specific arguments presented, any concerns raised by commissioners or the public, or the reasons cited for the postponement.

Zoning Map Amendment for RML Construction, RLLP

Agenda Item: MAR 2008-32 Type: Ordinance

19:40

The Commission considered a zoning map amendment submitted by RML Construction, RLLP, proposing a change from single-family residential zoning to high-density apartment zoning. Key speakers on this item included Bill Sallee and Cheryl Gallt.

The item was ultimately approved by the Commission.

*Note: The available structured data for this agenda item is limited. For full details on the presentation, debate, concerns raised, and vote breakdown, viewers are encouraged to consult the meeting video beginning at timestamp 19:40 or the official meeting minutes.*

Zoning Development Plan for Adams Property

Agenda Item: ZDP 2008-148 20:13

The Commission took up the zoning development plan for the Adams Property under agenda item ZDP 2008-148. Cheryl Gallt was the key speaker presenting on this item, which sought approval of the zoning development plan along with associated conditions related to zoning and development of the property.

The item was brought forward as an ordinance for Commission consideration. The plan included specific conditions tied to how the property would be zoned and developed, though the available record does not detail the particular terms of those conditions beyond their general relation to zoning and development requirements.

Following the presentation and discussion, the Commission voted to approve the zoning development plan for the Adams Property.

Zoning Map Amendment for Property Partners, LLC

Agenda Item: MAR 2009-2 | Type: Ordinance | Outcome: Approved 1:12:22

The Commission considered a zoning map amendment requested by Property Partners, LLC to reclassify a property from single-family residential zoning to light industrial zoning.

Key Speakers: - Chris Taylor - Tom Martin

The item was presented and discussed by Chris Taylor and Tom Martin, who were the primary speakers on this agenda item. The proposal sought to change the designated land use of the subject property from its existing single-family residential classification to a light industrial designation.

Following the presentation and discussion, the Commission voted to approve the zoning map amendment.

> *Note: The available record identifies the agenda item, its type, the key speakers, and the outcome, but does not include detailed information about the specific arguments made, concerns raised, or the vote count. Readers seeking a fuller account of the debate are encouraged to consult the meeting video beginning at timestamp 1:12:22.*

Zoning Development Plan for Big Run Industrial Park, Unit 3

Agenda Item: ZDP 2009-11 1:17:38

The Commission took up the zoning development plan for Big Run Industrial Park, Unit 3, an ordinance item requiring approval subject to conditions related to road improvements and access.

  • Key Speaker: Tom Martin presented or spoke to this agenda item.
  • Conditions: The approval carried conditions specifically tied to road improvements and access, indicating that infrastructure considerations were a central element of the discussion.
  • Outcome: The Commission approved ZDP 2009-11.

No additional details regarding specific debate, dissenting views, or the precise nature of the road improvement conditions are available from the meeting record.

Zoning Map Amendment for Clayton Ray, Jr.

Agenda Item: MAR 2009-3 2:42:06

The Commission considered a zoning map amendment submitted by Clayton Ray, Jr., which sought to rezone a property from single-family residential to light industrial zoning. Key speakers on this item included Bill Sallee and Dick Murphy.

The proposal was ultimately denied by the Commission.

*Note: Detailed information on the specific arguments presented, concerns raised, and the deliberation leading to the denial is not available beyond what is reflected in the structured record above.*

Zoning Development Plan for Picklesimer Subdivision

Agenda Item: ZDP 2009-10 2:43:10

The Commission took up agenda item ZDP 2009-10, the Zoning Development Plan for Picklesimer Subdivision. Tom Martin addressed the Commission on this item, indicating that action on the zoning development plan would need to be deferred pending action by the council.

The item was ultimately postponed, with no final determination made at this meeting. No additional speakers, debates, or specific concerns are reflected in the available record for this agenda item.

Public Facilities Review for Salt Barn

3:00:05

The Commission took up a discussion regarding a Public Facilities Review for a proposed salt barn, along with consideration of a future fire station. The item was presented as informational in nature.

Key speakers on this agenda item included Barbara Rackers and Andrew Grunwald, who participated in the discussion surrounding the proposed construction. The review covered environmental and community impact considerations associated with the project.

The discussion addressed the proposed construction of the salt barn as well as planning considerations related to a future fire station at or near the same location. Environmental and community impacts were identified as central topics of debate during the review.

No formal action was taken on this item, as it was brought before the Commission for informational purposes. The outcome of the discussion was informational, meaning the Commission received the presentation and engaged in discussion without moving to a binding vote or decision at this meeting.

Zoning Ordinance Text Amendment Initiation

3:18:44

The Commission took up the initiation of a text amendment to Article 17 of the Zoning Ordinance, focusing on signage regulations in downtown zones.

Bill Sallee presented on this agenda item. The proposal sought to formally initiate the text amendment process, which would allow for a review and potential revision of the existing signage provisions applicable to downtown zoning districts.

The Commission approved the initiation of the text amendment.

*Note: The available record for this agenda item is limited. Additional details regarding specific concerns raised, the full scope of the proposed changes, or the nature of any debate among commissioners are not reflected in the available structured data for this item.*

Decisions

  • Motion — passed (10-0): Approval of Planning Commission meeting minutes of January 29, 2009
  • MAR 2008-31 — postponed (10-0): Postponement of zoning map amendment for Trustees of the First United Methodist Church of Lexington, Kentucky
  • MAR 2008-23 — postponed (10-0): Postponement of zoning map amendment for Thomas & Corbett, LLC
  • MAR 2008-32 — passed (11-0): Approval of zoning map amendment for RML Construction, RLLP
  • ZDP 2008-148 — passed (11-0): Approval of zoning development plan for Adams Property
  • MAR 2009-2 — passed (11-0): Approval of zoning map amendment for Property Partners, LLC
  • ZDP 2009-11 — passed (11-0): Approval of zoning development plan for Big Run Industrial Park, Unit 3
  • MAR 2009-3 — passed (9-2): Disapproval of zoning map amendment for Clayton Ray, Jr.
  • ZDP 2009-10 — postponed (11-0): Postponement of zoning development plan for Picklesimer Subdivision
  • Motion — passed (11-0): Initiation of text amendment to Article 17 of the Zoning Ordinance regarding signage in downtown zones