Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on September 10, 2009, at 1:30 PM in the Council Chambers of the Urban County Government Building, located at 200 East Main Street, Lexington, Kentucky, with Frank Penn presiding. The meeting addressed a total of 6 agenda items, all of which were approved, covering a mix of preliminary plans, final subdivision plans, and development plans. Items considered included PLAN 2006-75P (Patchen Wilkes, Unit 2B), PLAN 2008-76F (Bogie Estate, Lot 1), PLAN 2009-72F (Lansdowne-Merrick Subdivision, Unit 3-A), PLAN 2009-69F (Writt Station Subdivision amendment), PLAN 2008-118F (Sand Lake & Estes Property), and DP 2009-34 (Beaumont Farm, Unit 1, Section 1). Over the course of the meeting, 13 motions and votes were taken, no public comments were heard, and no presentations were recorded.

Attendance

The following members were present at the September 10, 2009 Commission meeting:

• Frank Penn
• Carolyn Richardson
• Joan Whitman
• Mike Owens
• Lynn Roche-Phillips
• Mike Cravens
• Marie Copeland
• Patrick Brewer
• Ed Holmes
• Derek Paulsen
• William Wilson

No members were recorded as absent. Patrick Brewer was present but arrived late to the meeting.

Votes and Decisions

The Commission took action on thirteen items during the meeting.

Procedural Actions

• DP 2009-60 (Miller Bird Commercial Park Subdivision) was postponed to October 8, 2009, on a motion by Mike Owens, seconded by Carolyn Richardson. The voice vote passed 10–0. 2:20
• PLAN 2005-169F (Clark Property Unit 1-E) was withdrawn on a motion by Lynn Roche-Phillips, seconded by Mike Owens, passing 10–0. 3:53
• PLAN 2009-74F (Harold R. Black Property) was postponed to October 8, 2009, on a motion by Lynn Roche-Phillips, seconded by Mike Owens, passing 10–0. 5:28

Approvals

• PLAN 2006-75P (Patchen Wilkes, Unit 2B) was reapproved 11–0 on a motion by Marie Copeland, seconded by Carolyn Richardson, subject to agenda conditions including the granting of a waiver. 18:17
• PLAN 2008-76F (Bogie Estate, Lot 1) generated three separate votes. A motion by Mike Owens to disapprove the waiver failed 4–7, with Owens, Marie Copeland, Lynn Roche-Phillips, and Patrick Brewer in favor and Frank Penn, Carolyn Richardson, Joan Whitman, Mike Cravens, Ed Holmes, Derek Paulsen, and William Wilson opposed. 2:11:00 A subsequent motion by Mike Owens to postpone also failed 4–7 along the same lines. 2:14:47 Ed Holmes then moved to approve the plan with the waiver, seconded by Carolyn Richardson, which passed 7–4 with the same split, subject to agenda conditions including the waiver and deed restrictions. 2:22:25
• PLAN 2009-72F (Lansdowne-Merrick Subdivision, Unit 3-A) was approved 8–3 on a motion by Joan Whitman, seconded by Mike Owens. Voting against were Mike Cravens, Marie Copeland, and Lynn Roche-Phillips. 3:05:08
• PLAN 2009-69F (Writt Station Subdivision AMD) was approved 11–0, moved by Lynn Roche-Phillips and seconded by Mike Owens, subject to a modified engineer's certification. 3:12:20
• PLAN 2008-118F (Sand Lake & Estes Property) was approved 11–0 on a motion by Marie Copeland, seconded by Mike Owens. 3:16:57
• PLAN 2005-166F (Clark Property Unit 1B) received a one-year extension, approved 11–0 on a motion by Mike Owens, seconded by Carolyn Richardson. 3:19:33
• DP 2009-34 (Beaumont Farm, Unit 1, Section 1) was approved 11–0 on a motion by Mike Owens, seconded by Carolyn Richardson, subject to agenda conditions including removing the entrance to Beaumont Centre Circle. The Commission also voted 11–0 to recommend the address 3100 Beaumont Circle for the development. [timestamps: 3:41:53, 3:43:34]

Appointments

The Commission took the following appointment action during the meeting:

• William Wilson was appointed to the Urban County Planning Commission.

Contested Items

Waiver Request for PLAN 2008-76F: Bogie Estate, Lot 1

The Commission's consideration of a waiver request related to PLAN 2008-76F, concerning the Bogie Estate, Lot 1, generated notable disagreement among members. The central issue was a request to waive the requirement that a lot meet a minimum of 10 acres in order to install a septic system. The lot in question fell below that acreage threshold, making the waiver necessary for the applicant to proceed.

The debate among commissioners centered on the broader implications of granting such a waiver, with concerns raised that approving the request could set a precedent for other B-1 zoned lots in rural areas facing similar circumstances. Commissioners appeared divided over whether the specific circumstances of this lot justified an exception to the established standard, or whether doing so would open the door to future waiver requests from comparable properties throughout the rural zone.

The item ultimately resulted in a split vote, reflecting the lack of consensus on the Commission. The specific vote tally and the names of commissioners voting for or against the waiver are not available in the provided record.

Preliminary Plans - PLAN 2006-75P: Patchen Wilkes, Unit 2B

14:24

The Commission took up the reapproval of the preliminary plan for Patchen Wilkes, Unit 2B, identified as PLAN 2006-75P. Key speakers on this item were Tom Martin and Rory Kahly.

The plan under consideration covers 143 single-family units designed in a neo-traditional style. Because this item involved a reapproval of a previously reviewed preliminary plan, the discussion centered on confirming the plan's continued compliance and moving it forward in the approval process.

The Commission ultimately approved the preliminary plan for Patchen Wilkes, Unit 2B.

Final Subdivision Plans - PLAN 2008-76F: Bogie Estate, Lot 1

20:32

The Commission took up agenda item 2, a request for final subdivision plan approval for PLAN 2008-76F, concerning Bogie Estate, Lot 1.

The discussion centered on the proposed subdivision of a 14-acre lot into two separate lots. The resulting parcels would carry different zoning designations — one zoned B-1 and the other zoned A-R. Key speakers during this item included Bill Sallee, Tom Martin, and Dick Murphy.

A notable element of the application was an associated waiver request related to a septic system. Because one of the newly created lots would fall below the 10-acre threshold, a waiver was required to permit the installation of a septic system on that smaller parcel. This waiver request was considered alongside the subdivision plan itself as part of the Commission's review.

The Commission discussed the details of the subdivision and the waiver, weighing the implications of the lot split and the adequacy of the proposed septic arrangement for the undersized parcel. Following deliberation, the Commission voted to approve the final subdivision plans, including the associated waiver request.

Final Subdivision Plans - PLAN 2009-72F: Lansdowne-Merrick Subdivision, Unit 3-A

2:32:30

The Commission took up agenda item 3, a discussion of the final subdivision plans for the Lansdowne-Merrick Subdivision, Unit 3-A, filed under plan number PLAN 2009-72F. The central issue before the Commission was a proposed amendment to revise the building line setback requirement for the subdivision.

Key speakers on this item were Chris Taylor and Dick Murphy. The discussion focused on whether to reduce the building line setback from 40 feet to 30 feet — a reduction of 10 feet from the previously established standard for the subdivision.

The Commission considered the merits of the proposed setback amendment as part of the final subdivision plan review. No additional concerns or objections are reflected in the available record beyond the substance of the setback revision itself.

The Commission ultimately approved the final subdivision plans, including the amendment revising the building line setback from 40 feet to 30 feet for the Lansdowne-Merrick Subdivision, Unit 3-A.

Final Subdivision Plans - PLAN 2009-69F: Writt Station Subdivision (AMD)

3:06:27

The Commission took up Agenda Item 4, an amendment to the final subdivision plans for PLAN 2009-69F: Writt Station Subdivision. The discussion centered on a proposed amendment to remove shared access driveways from the subdivision plan, along with an associated waiver request related to the engineer's certification.

Key speakers on this item were Tom Martin and Matt Williams, who presented and discussed the details of the amendment. The core of the matter involved the removal of previously required shared access driveways from the subdivision design, a change that necessitated the accompanying waiver request for the engineer's certification component of the plans.

The Commission reviewed the amendment and the waiver request as presented. No significant unresolved concerns are reflected in the record of this item. Following discussion, the Commission approved the amendment to the Writt Station Subdivision final plans.

Final Subdivision Plans - PLAN 2008-118F: Sand Lake & Estes Property

3:13:29

The Commission took up Agenda Item 5, a discussion of the final subdivision plans for PLAN 2008-118F, concerning the Sand Lake & Estes Property. The item involved the reapproval of a plan to record the second section of the plat.

Key speakers in the discussion included Tom Martin and Rory Kahly. The Commission considered the matter of a previously associated waiver, which was determined to be a moot point in the context of this reapproval, and therefore did not require further deliberation.

The Commission ultimately approved the reapproval of the plan to record the second section of the plat.

Development Plans - DP 2009-34: Beaumont Farm, Unit 1, Section 1

3:21:14

The Commission took up Agenda Item 6, a development plan application designated DP 2009-34, concerning Beaumont Farm, Unit 1, Section 1.

Subject of the Amendment

The discussion centered on a proposed amendment to the existing development plan. The amendment sought to:

• Add a generator yard to the site
• Add an access point off Beaumont Centre Circle

Key Speakers

The item was addressed by Tom Martin and Todd Gut, who participated in the presentation and discussion before the Commission.

Conditions and Concerns

As part of the review, a condition was identified requiring the removal of the entrance to Beaumont Centre Circle. This condition appears to have been incorporated to address concerns related to the proposed access configuration associated with the generator yard addition.

Outcome

The Commission approved the development plan amendment, DP 2009-34, for Beaumont Farm, Unit 1, Section 1, inclusive of the condition requiring removal of the entrance to Beaumont Centre Circle.