Large Zoning Reform Package Passes out of Committee

The Square commercial center in downtown Lexington. Source: Carol M. Highsmith

On May 7th, the General Government and Planning (GGP) Committee Meeting, Councilmembers voted to approve the Urban Growth Management Zoning Ordinance Text Amendment (UGM ZOTA).

The UGM ZOTA is a massive zoning reform package that seeks to advance goals in the Comprehensive Plan related to walkability, bikeability, housing diversity, increased density, affordable housing, and environmental sustainability.

If passed, this ZOTA could have a significant impact on land use in Lexington. Here is a list of some of the potential changes:

• Allowing multi-family housing (up to 8 units) on lots in R-2 Two-Family Residential zones. This would be an increase from two housing units

  • Where are R-2 zones? Examples of R-2 zones include many parts of Kenwick, Chevy Chase, and Waller Ave.

• Removing gas stations as an allowable use in the B-1 Neighborhood Business Zone.

  • Where are B-1 zones? Examples of B-1 zones include much of Chevy Chase, Southland Drive, and Jefferson Street.

• Letting sites with affordable housing (for families at or under 80% of Area Median Income) build more units on a lot than their zone typically allows. This is called a Density Bonus.

  • What could this do? Affordable Housing can be expensive to develop. Allowing more units on a lot could theoretically lower the end cost per unit, potentially reducing the rent.

• Create a similar Workforce Housing Density Bonus, which would allow housing developments reserved for residents making 120% or lower of the Area Median Income (AMI) to build more units than typically permitted in their zone.

• Changes to the B-3 Zone, which would now be called the Corridor Business Zone. The changes would reduce the number of gas stations and car lots allowed in this zone and would allow multi-family residential development like apartments.

  • Where are B-3 zones? Most B-3 zoning in Lexington is along North New Circle Road and Richmond Road.

• Create a new Corridor Node Zone, which would prioritize walkable, high-density commercial and residential developments along corridors with current and future transit access. It would also prohibit surface parking lots, requiring most parking either be in a garage or along a side-street.

• Remove maximum setbacks for residential buildings in the R-2 (Low Density Residential), R-4 (Medium Density Residential), and R-5 (High Density Residential) zones.

  • In many zones, buildings must be a certain distance away from the front of the lot they are on — this distance is called a setback.

  • Eliminating setback requirements may provide developers more flexibility in developing on smaller lots, or lots with unique challenges like significant trees that need protection.

The only major change to the UGM ZOTA passed by the Committee dealt with the proposed banning of drive-thru facilities in the B-1 (Neighborhood  Business) zone. While the UGM ZOTA initially proposed an outright ban on all drive-thrus in the B-1 zone — excluding currently existing drive-thrus — the Committee passed an alternative restriction:

• New drive-thrus in the B-1 zone located on an arterial or collector roadway (such as Broadway, Nicholasville Road, Euclid Avenue, Waller Avenue, and others) would be permitted as a Conditional Use, meaning that a business would need to seek special permission from the Board of Adjustment.

• New drive-thrus in the B-1 zone would be strictly prohibited on local streets.

• Click here to see a map of which Lexington roads are considered arterials, collectors, and local streets.

Other language changes were made to remove references to electric vehicle charging stations in the ZOTA. These language changes are in response to a House Bill 581, which restricts cities from regulating EV stations differently than they regulate gas stations in their zoning code. EV charging stations would still be allowed throughout Lexington.

You can review the full Urban Growth Management ZOTA here.

You can view the presentation slides from the May 7th GGP Committee meeting starting on page 54 of this packet. You can watch the recorded meeting on LexTV.