Planning Commission Zoning Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on May 28, 2009, at 1:35 PM in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Neill Day presided over the meeting, which addressed three agenda items and included one public comment. The Commission took four votes during the session.

The meeting resulted in mixed outcomes across the agenda items. The Commission approved the Beaumont Farm, Unit 1, Section 5 (Amended) proposal and also approved the Zoning Ordinance Text Amendment Requests. However, the Commission denied the Todds Road Development Company, LLC Zoning Map Amendment.

Attendance

Present: Patrick Brewer, Marie Copeland, Neill Day, Ed Holmes, Mike Owens, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, and Joan Whitman.

Absent: Mike Cravens and Randall Vaughn.

Votes and Decisions

ZOTA 2009-1: Postpone Zoning Ordinance Text Amendment 6:38

A motion to postpone the zoning ordinance text amendment to Article 9 regarding Group Residential Projects was made by Frank Penn and seconded by Joan Whitman. The motion passed unanimously with 9 ayes and 0 nays. All nine members voted in favor: Patrick Brewer, Marie Copeland, Neill Day, Ed Holmes, Mike Owens, Frank Penn, Carolyn Richardson, Lynn Roche-Phillips, and Joan Whitman.

DP 2009-26: Beaumont Farm Development Plan 13:27

A motion to approve the Beaumont Farm, Unit 1, Section 5 amended final development plan with conditions was made by Lynn Roche-Phillips and seconded by Joan Whitman. The motion passed unanimously with 9 ayes and 0 nays. All nine members voted in favor. The approval includes 14 conditions as noted on the staff's revised recommendation.

MAR 2009-6: Todds Road Development Company Zoning Map Amendment 1:28:40

A motion to disapprove the zoning map amendment for Todds Road Development Company, LLC was made by Ed Holmes and seconded by Carolyn Richardson. The motion failed with 4 ayes and 5 nays on a roll call vote. Voting in favor of disapproval were Ed Holmes, Carolyn Richardson, Joan Whitman, and Frank Penn. Voting against disapproval were Mike Owens, Lynn Roche-Phillips, Marie Copeland, Patrick Brewer, and Neill Day.

Zoning Change for 3097 Old Todds Road 1:39:35

A motion to approve a zoning change for a portion of 3097 Old Todds Road was made by Lynn Roche-Phillips and seconded by Frank Penn. The motion passed with 6 ayes and 3 nays on a roll call vote. Voting in favor were Ed Holmes, Carolyn Richardson, Joan Whitman, Frank Penn, Mike Owens, and Lynn Roche-Phillips. Voting against were Marie Copeland, Patrick Brewer, and Neill Day.

Public Comment

One member of the public addressed the meeting regarding a proposed zoning change.

Abdul Qadir Al-Alami spoke in opposition to the zoning change 1:05:42. Mr. Al-Alami expressed concerns about the potential impacts of the proposed change, specifically citing:

• Increased traffic resulting from the zoning change
• Loss of residential character in the affected area

Contested Items

Todds Road Development Company, LLC Zoning Map Amendment

The commission was divided on a zoning map amendment proposed by Todds Road Development Company, LLC. The primary concerns raised during discussion centered on traffic impacts and potential effects on the residential character of the area.

The disagreement resulted in two separate motions. An initial motion to disapprove the zoning amendment failed to pass, indicating the commission could not reach consensus on rejecting the proposal outright. Following this failed motion, the commission considered an alternative approach with a subsequent motion to approve only a partial zoning change rather than the full amendment as originally proposed.

This split decision reflects the commission's attempt to balance competing interests—addressing the concerns about traffic and neighborhood character while still allowing some form of development to proceed. The outcome of approving only part of the zoning change represents a compromise position between full approval and complete rejection of the amendment.

Beaumont Farm, Unit 1, Section 5 (Amended)

The commission discussed an amended final development plan for Beaumont Farm during this agenda item 7:51.

Key Participants

Chris Taylor and Dick Murphy were the primary speakers on this matter.

Proposal Details

The amended plan for Beaumont Farm, Unit 1, Section 5 included two significant modifications: - Addition of a drive-through facility - Revision of the lot layout

Outcome

The commission approved the amended final development plan for Beaumont Farm, Unit 1, Section 5.

Todds Road Development Company, LLC Zoning Map Amendment

The commission considered a zoning map amendment for Todds Road Development Company, LLC 14:16. The proposal sought to rezone the property from Single Family Residential to Neighborhood Business.

Key Speakers

Traci Wade and Rena Wiseman presented information and participated in the discussion regarding this zoning amendment request.

Outcome

The commission denied the zoning map amendment for Todds Road Development Company, LLC.

Zoning Ordinance Text Amendment Requests

The commission discussed zoning ordinance text amendments related to infill and redevelopment during this agenda item. The amendments proposed changes to multiple articles of the zoning ordinance, including Articles 1, 3, 4, 7, 8, 9, 12, 15, 16, 18, 22, 26, 28, and 29.

Key speakers on this item included Jimmy Emmons and Bill Sallee, who presented and discussed the proposed amendments with the commission.

The commission approved the zoning ordinance text amendment requests. 1:57:15