Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on November 12, 2009, at 1:32 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 16 agenda items, ranging from subdivision approvals and zone change requests to text amendments and area plan adoptions. The Commission took 16 votes during the session and heard 4 public comments. Of the items considered, the majority were approved, while several others were postponed or otherwise resolved without full deliberation — including the indefinite postponement of the Harold R. Black Property, the postponement of both the Lederer Property and the Ramsey/Sullivan Property, and the withdrawal of the Miller Bird Commercial Park Subdivision. Among the substantive items approved were the Coldstream Research Campus Unit 6, the Cadentown – Bernitha Kendrick Property, the Mahan Property Apartments, Clark Property Unit 2, an amendment to Article 6-5(A) regarding underground utilities, the South Nicholasville Road Small Area Plan, the Yates Elementary School Renovation, and the Official Meeting and Filing Schedule for 2010.

Attendance

The following members were present at the November 12, 2009 Commission meeting:

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

Absent: Marie Copeland

No members were recorded as late. Ten of the eleven members were in attendance for the meeting.

Votes and Decisions

All votes at the November 12, 2009 Commission meeting were unanimous (10–0) except where noted.

• Minutes Approval – Mike Owens moved, Mike Cravens seconded, to approve the minutes from September 10, 2009, and September 24, 2009. Passed unanimously. 5:52

• DP 2009-81 – Lederer Property – Mike Cravens moved, Mike Owens seconded, to postpone the item to November 19, 2009. Passed unanimously. 7:31

• DP 2009-27 – Ramsey/Sullivan Property – Mike Owens moved, Mike Cravens seconded, to postpone the item to December 10, 2009. Passed unanimously. 8:38

• PLAN 2009-74F – Harold R. Black Property – Mike Owens moved, Patrick Brewer seconded, to postpone the item indefinitely. Passed unanimously. 10:13

• DP 2009-60 – Miller Bird Commercial Park Subdivision – Mike Cravens moved, Carolyn Richardson seconded, to approve the withdrawal. Passed unanimously. 11:20

• Consent Agenda – Patrick Brewer moved, Mike Owens seconded, to approve all consent agenda items. Passed unanimously. 16:20

• PLAN 2009-119P – Coldstream Research Campus, Unit 6 – Patrick Brewer moved, Carolyn Richardson seconded, to approve subject to the conditions listed on the agenda. Passed unanimously. A separate motion by Patrick Brewer, seconded by Ed Holmes, to grant a waiver for the reasons provided by staff also passed unanimously. [timestamps: 0:28:27, 0:29:01]

• PLAN 2006-79F – Cadentown, Bernitha Kendrick Property – Mike Cravens moved, Lynn Roche-Phillips seconded, to approve subject to the conditions listed on the agenda. Passed unanimously. A separate motion by Mike Cravens to grant a waiver removing the request for the 40 feet of sidewalk also passed unanimously. [timestamps: 0:46:54, 0:47:27]

• DP 2009-65 – Mahan Property Apartments – Ed Holmes moved to approve with changes noted at item nine resolved. Passed unanimously. 1:07:48

• DP 2009-68 – Clark Property Unit 2 – Mike Owens moved to approve with a change to number eight to denote a 20-foot tree protection area. Passed unanimously. 2:01:02

• SRA 2009-2 – Amendment to Article 6-5(A) to require underground utilities – Lynn Roche-Phillips moved to approve. Passed 8–2 on a roll call vote. Voting in favor: Frank Penn, Ed Holmes, Mike Owens, Patrick Brewer, Joan Whitman, Carolyn Richardson, Derek Paulsen, and Lynn Roche-Phillips. Voting against: Mike Cravens and William Wilson. 2:29:47

• South Nicholasville Road Small Area Plan – Mike Cravens moved, Carolyn Richardson seconded, to adopt the plan. Passed unanimously. 3:26:47

• Yates Elementary School Renovation – Approved unanimously. 3:37:02

• 2010 Official Meeting and Filing Schedule – Patrick Brewer moved, Ed Holmes seconded, to adopt the schedule. Passed unanimously. 3:38:37

Public Comment

Four members of the public addressed the Commission during the public comment period.

• Frank Butler 3:01:12 spoke in support of the mixed-use development recommendation for the UK Horticultural Research Farm, noting that the university has no immediate plans to change the property's current use.

• Rena Wiseman 3:02:20, representing the Dale family, expressed disagreement with the mixed-use recommendation applied to the Dale family property. She raised concerns about traffic impacts and questioned whether mixed-use development was appropriate for that particular location.

• Frank Harper 3:14:11, representing the Bluegrass Area Development District, spoke in support of the South Nicholasville Road Small Area Plan. He emphasized the significance of US27 as a shared artery, underscoring the regional importance of planning decisions along that corridor.

• Mr. Fritz 3:16:21 addressed the Commission regarding the Fritz family farm, describing the challenges posed by traffic and noise that complicate residential development on the property. He suggested that a greater degree of non-residential use may be necessary given those conditions.

Notable themes across the public comments included differing perspectives on mixed-use designations for specific properties, with one speaker supportive and another opposed, as well as broader regional considerations related to the South Nicholasville Road corridor.

Contested Items

Two items at the November 12, 2009 Commission meeting drew notable disagreement from members or the public.

Amendment to Article 6-5(A) for Underground Utilities

A proposed amendment requiring underground utilities came to a split vote among Commission members. While the amendment ultimately passed, some members raised concerns about its practical implications — particularly for small subdivisions and situations involving existing overhead lines. The divided vote reflects uncertainty among commissioners about whether a blanket underground utilities requirement would be workable or equitable across all development contexts.

South Nicholasville Road Small Area Plan

The South Nicholasville Road Small Area Plan generated pushback from property owners affected by its recommendations. Specifically, some owners objected to the plan's designation of their properties for mixed-use development, arguing that mixed-use was not appropriate for their particular locations and expressing concern about traffic impacts. The source of the disagreement was the gap between the plan's land use vision and what individual property owners considered suitable or feasible for their holdings. The record does not indicate that the plan was altered in response to these objections, though the concerns were formally raised during the meeting.

Approval of Minutes

5:52

The commission took up the approval of minutes from two previous meetings. The minutes under consideration were from the meetings held on September 10, 2009, and September 24, 2009.

Key speakers on this item included Mike Owens and Mike Cravens. The minutes were presented for review and approval without notable controversy or extended debate.

The commission voted to approve the minutes from both the September 10 and September 24, 2009 meetings.

Postponement of Lederer Property

Agenda Item: DP 2009-81 7:31

The Commission took up agenda item DP 2009-81 concerning the Lederer Property. Rena Wiseman addressed the Commission on this item, and the discussion resulted in a decision to postpone consideration of the matter rather than proceeding with a full review at the November 12, 2009 meeting.

The Commission approved the postponement, deferring the Lederer Property item to the November 19, 2009 meeting.

Postponement of Ramsey/Sullivan Property

Agenda Item: DP 2009-27 8:38

The Commission took up agenda item DP 2009-27 concerning the Ramsey/Sullivan Property. Tony Barrett addressed the Commission on this item, presenting the request to postpone consideration of the matter.

The Commission discussed and ultimately approved the postponement of the Ramsey/Sullivan Property item, deferring it to the December 10, 2009 meeting.

Indefinite Postponement of Harold R. Black Property

Agenda Item: PLAN 2009-74F 10:13

The Commission took up agenda item PLAN 2009-74F concerning the Harold R. Black Property. Tom Martin was the key speaker during this portion of the meeting.

The Commission discussed the matter and ultimately approved the indefinite postponement of the Harold R. Black Property item. No additional details regarding the specific grounds for postponement, concerns raised, or debate among commissioners are available from the meeting record.

The outcome of this agenda item was an indefinite postponement, meaning the matter was set aside without a scheduled date for reconsideration.

Withdrawal of Miller Bird Commercial Park Subdivision

Agenda Item: DP 2009-60 11:20

The Commission took up the matter of the Miller Bird Commercial Park Subdivision, with Tom Martin serving as the key speaker on the item. The discussion centered on the withdrawal of this subdivision application, designated as DP 2009-60.

Martin presented the case for withdrawal to the Commission, and the item was addressed as a discussion matter before the body. Following the presentation and discussion, the Commission approved the withdrawal of the Miller Bird Commercial Park Subdivision.

The outcome of this agenda item was the formal withdrawal of the subdivision, concluding the application's consideration before the Commission.

Consent Agenda

16:20

The Commission took up the consent agenda, with Bill Sallee as a key participant in the discussion. The items listed on the consent agenda were presented for the Commission's consideration as a group.

The Commission approved all items on the consent agenda.

Coldstream Research Campus, Unit 6

Agenda Item: PLAN 2009-119P 28:27

The Commission took up a discussion and vote on the preliminary subdivision plan for Coldstream Research Campus, Unit 6. Key speakers on this item included Tom Martin and Sara Tuttle.

The item was classified as a discussion matter before the Commission, during which the preliminary subdivision plan was presented and considered. Following the discussion, the Commission approved the preliminary subdivision plan subject to conditions.

*Note: The available structured data for this item does not include details on the specific content of presentations, particular concerns raised during deliberation, or the precise conditions attached to the approval. Readers seeking that level of detail are encouraged to consult the full meeting transcript or minutes beginning at approximately the 28:27 mark of the meeting recording.*

Waiver for Coldstream Research Campus, Unit 6

29:01

The Commission considered a resolution to grant a waiver related to street design for the Coldstream Research Campus, Unit 6. Tom Martin was the key speaker on this item, presenting the matter to the Commission for consideration.

The Commission approved the waiver for the Coldstream Research Campus, Unit 6 street design.

*Note: Detailed discussion, specific concerns raised, and the full substance of the presentation are not available in the source materials for this agenda item.*

Cadentown – Bernitha Kendrick Property

Agenda Item: PLAN 2006-79F 46:54

The Commission took up the final subdivision plan for the Cadentown – Bernitha Kendrick Property under agenda item PLAN 2006-79F. Tom Martin was the key speaker during the discussion of this item.

The Commission considered the final subdivision plan and moved to approve it, subject to conditions. No additional details regarding specific concerns raised, the nature of the conditions attached to the approval, or the substance of any debate are available from the meeting record for this item.

• Item: PLAN 2006-79F – Cadentown – Bernitha Kendrick Property
• Type: Discussion
• Key Speaker: Tom Martin
• Outcome: Approved, subject to conditions

Waiver for Cadentown – Bernitha Kendrick Property

47:27

The Commission considered a resolution to grant a waiver related to the Cadentown – Bernitha Kendrick Property. Tom Martin presented the item, which centered on removing a requirement for 40 feet of sidewalk associated with the property.

The Commission approved the waiver, effectively eliminating the 40-foot sidewalk requirement from the request.

Outcome: Approved

Mahan Property Apartments

Agenda Item: DP 2009-65 | Outcome: Approved

1:07:48

The Commission took up agenda item DP 2009-65, the Mahan Property Apartments, as a discussion item. Key speakers during this portion of the meeting included Tom Martin and Al Cruz.

The Commission noted that changes referenced at item nine had been resolved prior to or during the discussion, clearing the way for a decision on the development plan. With those outstanding issues addressed, the Commission moved forward and approved the development plan for the Mahan Property Apartments.

No additional concerns, conditions, or dissenting positions are reflected in the available record for this item.

Clark Property Unit 2

Agenda Item: DP 2009-68 2:01:02

The Commission took up Development Plan DP 2009-68 for Clark Property Unit 2. Key speakers on this item were Tom Martin and Dick Murphy.

The discussion centered on the development plan for Clark Property Unit 2, with a notable focus on changes to the tree protection area. The specifics of those changes were addressed during the exchange between the speakers before the Commission reached its decision.

The Commission approved the development plan for Clark Property Unit 2.

Amendment to Article 6-5(A) for Underground Utilities

2:29:47

The commission took up agenda item SRA 2009-2, an ordinance proposing an amendment to Article 6-5(A) to require underground utilities. Key speakers on this item included Tom Martin and David Freebird.

The commission discussed the proposed amendment, with some members raising concerns about its implications. While the structured record does not detail the specific nature of those concerns, the discussion reflected that the requirement to underground utilities was not without questions from at least some commissioners before the body moved toward a decision.

Following the discussion, the commission approved the amendment to Article 6-5(A).

South Nicholasville Road Small Area Plan

3:26:47

The Commission took up a resolution to adopt the South Nicholasville Road Small Area Plan as an element of the 2007 Comprehensive Plan.

Key speakers on this item included Jim Duncan and Janice Westlund, who participated in the presentation and discussion of the plan.

The Commission ultimately approved the resolution adopting the South Nicholasville Road Small Area Plan as an element of the 2007 Comprehensive Plan.

Yates Elementary School Renovation

3:37:02

The Commission took up the renovation plan for Yates Elementary School, with Barbara Rackers and Steve Garland identified as key speakers in the discussion.

The renovation plan as presented includes a combination of selective demolition and new construction. The Commission discussed the proposed approach before moving to a decision.

The Commission ultimately approved the renovation plan for Yates Elementary School.

*Note: Additional details regarding specific concerns raised, the full scope of the renovation, cost figures, and the substance of the debate are not available in the source data for this agenda item.*

Official Meeting and Filing Schedule for 2010

3:38:37

The Commission took up a resolution to adopt the official meeting and filing schedule for 2010. Chris King was the key speaker on this item, presenting the proposed schedule for the Commission's consideration.

The resolution was approved by the Commission.