Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 26, 2009, at 1:33 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Randall Vaughn presided over the meeting. The Commission considered six agenda items, heard eight public comments, and took six votes during the session. All six items on the agenda were approved, including zoning map amendments and development plans for the Trustees of the First United Methodist Church of Lexington, Kentucky and Club Facilities, LLC (Lansdowne Club Property/Signature Club), a zoning ordinance text amendment to alter allowable signage in and near Downtown, and a public facilities review for Fayette County Public Schools' Cassidy Elementary School Renovation project.

Attendance

Present: Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, Randall Vaughn, and Joan Whitman

Absent: Neill Day

Late: None

Votes and Decisions

The meeting included six roll call votes, all of which passed with identical vote counts of 8 ayes and 2 nays.

MAR 2008-31: First United Methodist Church Zoning Map Amendment 2:19:30 A zoning map amendment to rezone the First United Methodist Church property from R-2 and R-4 to B-2B zone passed 8-2. The motion was made by Mr. Brewer and seconded by Mr. Owens. Voting in favor were Patrick Brewer, Marie Copeland, Mike Cravens, Ed Holmes, Mike Owens, Frank Penn, Carolyn Richardson, and Lynn Roche-Phillips. Voting against were Randall Vaughn and Joan Whitman. The amendment includes conditions requiring a note on the development plan indicating intent to consolidate the property if rezoned B-2B, and prohibiting principal uses including Civic Centers, convention facilities, banks/credit agencies, and hotels/motels, as well as prohibiting conditional uses for drive-through facilities and recycling drop-off centers.

ZDP 2008-147: First United Methodist Church Preliminary Development Plan 2:20:34 The preliminary development plan for First United Methodist Church passed 8-2 with the same voting pattern. Mr. Brewer moved and Mr. Owens seconded. The plan includes 10 conditions addressing landscape buffers, floodplain requirements, parking, and open space requirements, along with a note on the development plan regarding intent to consolidate the property.

MAR 2009-4: Club Facilities, LLC Zoning Map Amendment 3:35:36 A zoning map amendment for Club Facilities, LLC to rezone portions of Lansdowne Drive from R1B and R1C to B1 zone passed 8-2. Mr. Penn moved and Mr. Owens seconded, with the same 8 voting in favor and Vaughn and Whitman voting against. The amendment includes 16 conditions covering signage, floodplain, easements, and parking requirements, with conditional zoning restrictions applied.

ZDP 2009-15: Lansdowne Club Property Preliminary Development Plan 3:35:36 The preliminary development plan for the Lansdowne Club Property passed 8-2 with identical voting. Mr. Penn moved and Mr. Owens seconded. The plan includes 15 conditions addressing floodplain, easements, and signage, with conditional zoning restrictions applied.

ZODA 2009-3: Zoning Ordinance Text Amendment 3:59:48 A zoning ordinance text amendment to alter signage regulations in downtown and mixed-use zones passed 8-2. Ms. Copeland moved and Mr. Owens seconded, with the same voting pattern and no conditions attached.

PFR 2009-2: Cassidy Elementary School Renovation Public Facilities Review 4:07:20 A Public Facilities Review for Cassidy Elementary School renovation passed 8-2. Mr. Owens moved and Mr. Penn seconded, with no conditions attached.

Public Comment

Eight speakers addressed the Commission during the public comment period, raising concerns about two primary rezoning proposals.

First United Methodist Church Rezoning

J. Peter Cassidy [0:40:08] opposed the rezoning of First United Methodist Church, arguing that it would undermine the historic character of the South Hill neighborhood. He noted that the property had been downzoned 10 years prior based on community input and urged the Commission to allow a variance instead of a zone change.

Dan Rowland [0:53:04] emphasized the fragility of the South Hill neighborhood and warned that allowing B2B zoning would erode the boundary between residential and commercial areas, characterizing it as a "nuclear option" for a historic neighborhood.

Bill Johnston [0:57:59] criticized the conditional zoning restrictions as unenforceable and argued that the rezoning would allow future owners to build anything permissible under B2B zoning, potentially devastating the neighborhood.

Timothy Kuryla [1:01:09] reiterated concerns about the impact of B2B zoning on the South Hill neighborhood and supported the position of the Woodward Heights Neighborhood Association.

Julie Good [1:01:42] stated that the staff's inconsistent approach to similar zoning cases undermines the integrity of the H-1 overlay and urged the Commission to deny the request for consistency.

Foster Pettit [1:03:16] emphasized the long history of churches in downtown Lexington and warned that allowing B2B zoning could lead to future development that would harm the historic character of the area.

Lansdowne Club Rezoning

Will Birchfield [3:14:18] expressed concern that the Lansdowne Club's parking capacity would be insufficient to handle overflow during events, leading to congestion and safety hazards on Raven Road.

Jean Keating [3:20:37] raised concerns about noise, light pollution, and lack of control over events, noting that the club's operations had caused ongoing disturbances and that the neighborhood had not been adequately consulted.

Contested Items

### First United Methodist Church Rezoning

The rezoning of First United Methodist Church generated significant community opposition. The Historic South Hill Neighborhood Association, the Blue Grass Trust, and individual residents voiced strong objections to the proposal. Their primary concerns centered on the potential erosion of the neighborhood's historic character and the risk that approval would establish a problematic precedent for B2B zoning in residential areas.

### Lansdowne Club Rezoning

The Lansdowne Club rezoning proposal sparked heated discussion during the meeting. Residents of Raven Road raised multiple concerns about the project's impacts, including parking overflow, noise, and light pollution. Despite these resident objections, the neighborhood association had endorsed the proposal, creating a divide within the community. The debate reflected the broader challenge of balancing the potential community benefits of the rezoning against the disruptions and quality-of-life concerns raised by nearby residents.

Trustees of the First United Methodist Church of Lexington, Kentucky - Zoning Map Amendment & First United Methodist Church Zoning Development Plan

5:45

The Commission considered a zoning map amendment for property owned by the Trustees of the First United Methodist Church of Lexington, Kentucky. The proposal sought to rezone church property from R-2 and R-4 residential districts to B-2B commercial district, with conditional zoning restrictions applied.

Key Speakers and Presentations

The agenda item involved discussion from multiple Commission members and staff, including Jimmy Emmons, Foster Ockerman, J. Peter Cassidy, Dan Rowland, Bill Johnston, Julie Good, and Foster Pettit.

Staff Recommendation

Both the planning staff and the Zoning Committee recommended approval of the rezoning request. The recommendation cited compatibility with the Comprehensive Plan and noted that the conditional zoning approach would simplify future planning processes for the church's development activities.

Commission Action

The Commission approved the zoning map amendment request. As part of the approval, the Commission added additional prohibitions to the conditional zoning restrictions and required a consolidation note on the property.

Outcome

The rezoning from R-2 and R-4 to B-2B was approved with conditions, allowing the church property to be developed in accordance with the First United Methodist Church Zoning Development Plan while maintaining specified restrictions and requirements.

First United Methodist Church - Zoning Development Plan

Identifier: ZDP 2008-147

Overview

The preliminary development plan for First United Methodist Church's fellowship hall was presented to the board. Tom Martin led the presentation of this zoning development plan proposal 23:07.

Staff Recommendations

Staff recommended 10 conditions for approval of the development plan. These conditions were intended to address various aspects of the project's implementation and compliance with local zoning requirements.

Approval and Modifications

The plan was approved by the board with modifications. In addition to the staff-recommended conditions, the board added a note regarding property consolidation and imposed conditional zoning restrictions on the project.

Outcome

The zoning development plan was approved with the conditions and additional requirements noted above.

Club Facilities, LLC - Zoning Map Amendment & Lansdowne Club Property (Signature Club) Zoning Development Plan

The Commission reviewed a zoning map amendment to rezone portions of Lansdowne Drive from R1B and R1C residential classifications to B1 commercial classification for the Signature Club project.

Key Participants

The discussion involved Bill Sallee, Bruce Simpson, Sam Carneal, Judy Worth, Will Birchfield, and Jean Keating.

Project Details

The applicant, Club Facilities, LLC, sought to rezone property along Lansdowne Drive to accommodate the Signature Club development. During the review process, the applicant withdrew two lots from the original request, reducing the scope of the rezoning application.

Community Support

The Lansdowne Neighborhood Association supported the amended zoning request, indicating community acceptance of the project as modified.

Commission Action

The Commission approved the zoning map amendment with conditional zoning designation. The approval included 16 specific conditions imposed on the development to address planning and operational concerns.

Outcome

The zoning amendment was approved, allowing the rezoning of the specified Lansdowne Drive parcels from residential to commercial classification for the Signature Club project, subject to the 16 conditions and conditional zoning requirements established by the Commission.

Lansdowne Club Property (Signature Club) - Zoning Development Plan

Identifier: ZDP 2009-15

Tom Martin presented the final development plan for the Signature Club at the Lansdowne Club property 2:37:51. The presentation outlined a comprehensive zoning development plan that included 15 conditions for the project.

Following the presentation and discussion, the development plan was approved by the meeting body. As part of the approval process, a 16th condition was added to the original set of 15 conditions. This additional condition specifically related to conditional zoning requirements for the project.

Outcome: The Lansdowne Club Property (Signature Club) Zoning Development Plan was approved with a total of 16 conditions.

Zoning Ordinance Text Amendment - Alter Allowable Signage in and near Downtown

The Commission considered a text amendment to update signage regulations in downtown and mixed-use zones. 3:37:28

Proposal Overview

The amendment proposed to alter allowable signage in and near downtown areas, including provisions to allow projecting signs, menu boxes, and above-canopy signs in these zones.

Key Presentation

Tracy James presented the amendment to the Commission.

Outcome

The Commission approved the zoning ordinance text amendment. The amendment received support from downtown stakeholders.

Fayette County Public Schools - Cassidy Elementary School Renovation - Public Facilities Review

Presentation and Review

The Commission reviewed a public facilities review for the renovation of Cassidy Elementary School (PFR 2009-2). Barb Rackers presented the item to the Commission. 4:01:23

Staff Recommendation

Staff recommended approval of the public facilities review based on two key factors: the project's alignment with the Comprehensive Plan and the absence of neighborhood opposition to the proposed renovation.

Outcome

The Commission approved the request for the Cassidy Elementary School renovation project.