Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on May 13, 2010, at 1:36 PM in the Council Chambers of the Urban County Government Building, 200 East Main Street, Lexington, Kentucky, with Frank Penn presiding. The meeting addressed 16 agenda items spanning subdivision plans, development plans, bond releases, and scheduling matters. Of those items, the majority were approved, while three were tabled — PLAN 2010-13P (Fairway Lands, Unit 11), DP 2006-65 (Blackford Property, Phases 1 & 2), and DP 2010-15 (Gess Property, Unit 8) — and two were withdrawn prior to consideration: PLAN 2010-28F (Higbee Mill Reserve, Section 2, Lot 3G) and PLAN 2009-38F (The Davis Family Children's Irrevocable Trust). The Commission recorded 19 motions and votes over the course of the meeting and heard 2 public comments. No presentations are noted in the meeting record.

Attendance

The following members were present at the May 13, 2010 Commission meeting:

• Frank Penn
• Carolyn Richardson
• Lynn Roche-Phillips *(arrived late)*
• Joan Whitman
• Marie Copeland
• Derek Paulsen
• Mike Cravens
• Mike Owens
• William Wilson
• Ed Holmes

Absent: Patrick Brewer

Ten members were in attendance overall, with Lynn Roche-Phillips arriving late to the meeting. Patrick Brewer was the only member not present.

Votes and Decisions

The Commission took the following actions during the May 13, 2010 meeting:

Postponements and Withdrawals

• PLAN 2010-13P (Fairway Lands, Unit 11) was postponed to June 10, 2010. Motion by Carolyn Richardson, seconded by Joan Whitman; passed 9–0 by voice vote. 6:33
• DP 2006-65 (Blackford Property, Phases 1 & 2) was postponed to June 10, 2010. Motion by Mike Owens, seconded by Carolyn Richardson; passed 9–0 by voice vote. 7:44
• DP 2010-15 (Gess Property, Unit 8) was postponed to July 8, 2010. Motion by Mike Cravens, seconded by Mike Owens; passed 9–0 by voice vote. 8:46
• PLAN 2010-28F (Higbee Mill Reserve, Section 2, Lot 3G) was withdrawn. Motion by Mike Owens, seconded by Joan Whitman; passed 9–0 by voice vote. 9:58
• PLAN 2009-38F was removed from consideration. Motion by Carolyn Richardson, seconded by Joan Whitman; passed 9–0 by voice vote. 10:58

Consent Agenda and General Items

• The Consent Agenda, excluding PLAN 2010-40F, was approved by voice vote. Motion by Mike Owens, seconded by Joan Whitman. 19:16

Sand Lake 2008-118F — Waiver Requests (Roll Call Votes)

• A motion to approve waiver requests failed 5–5. Voting in favor: Ed Holmes, Derek Paulsen, Joan Whitman, Carolyn Richardson, Mike Cravens. Voting against: William Wilson, Marie Copeland, Lynn Roche-Phillips, Mike Owens, Frank Penn. 1:21:38
• A motion to approve the waiver request dated March 31st passed 6–4. Voting in favor: Ed Holmes, Derek Paulsen, Joan Whitman, Carolyn Richardson, Mike Cravens, Frank Penn. Voting against: William Wilson, Marie Copeland, Lynn Roche-Phillips, Mike Owens. 1:23:53
• A motion to disapprove the waiver request dated May 5th failed 5–5. Voting in favor: William Wilson, Marie Copeland, Lynn Roche-Phillips, Mike Owens, Frank Penn. Voting against: Ed Holmes, Derek Paulsen, Joan Whitman, Carolyn Richardson, Mike Cravens. 1:25:10

Additional Approvals

• PLAN 2010-40F (Sharkey Property, Unit 1) approved by voice vote; motion by Mike Cravens, seconded by Joan Whitman. 1:40:54
• Waiver request for PLAN 2010-41F, 2K approved by voice vote; motion by William Wilson, seconded by Joan Whitman. 1:48:59
• Waiver request for PLAN 2005-196F was withdrawn, followed immediately by approval of PLAN 2005-196F (Sharkey Property, Unit 2B); both motions by William Wilson, seconded by Joan Whitman. [timestamps: 2:03:14, 2:03:45]
• DP 2010-22 (Tackett Property, Kroger Plaza) approved by voice vote; motion by Mike Owens, seconded by Mike Cravens. 2:31:42
• DP 2010-23 (Sharkey Property, Unit 2B) approved by voice vote; motion by William Wilson, seconded by Joan Whitman. 2:36:31
• Release and call of bonds as written in the memorandum dated May 13, 2010, approved by voice vote; motion by Carolyn Richardson, seconded by Joan Whitman. 2:37:35

Scheduling Decisions

• The May 27, 2010 meeting was cancelled. 3:02:50
• The May 20, 2010 work session was moved to 1:00 PM. 3:04:39
• The June 3, 2010 zoning committee meeting was cancelled. 3:05:45

Public Comment

Two individuals addressed the Commission during the public comment period.

• Jennifer Dobbs 58:10 spoke about pedestrian access concerns related to a proposal under consideration. Dobbs raised safety issues and stated that the surrounding neighborhood had no desire for the proposed pedestrian access. Her comments reflected opposition to the access point on both practical and community preference grounds.

• Greg Jones 1:02:47, representing the Lexington Division of Police, addressed security risks associated with the same proposed pedestrian access. Jones characterized the access point as a "leaky cul-de-sac," arguing that it could create conditions conducive to increased criminal activity in the area. His remarks framed the pedestrian access proposal as a public safety concern from a law enforcement perspective.

Both speakers focused on the same issue — the proposed pedestrian access — with Dobbs emphasizing neighborhood opposition and safety, and Jones providing a law enforcement perspective on the potential for heightened criminal activity.

Contested Items

Sand Lake 2008-118F Waiver Requests

The Commission reached a split vote on at least one of the waiver requests associated with the Sand Lake case (2008-118F), specifically concerning a waiver related to pedestrian access. The disagreement centered on safety concerns and opposition from the surrounding neighborhood. The divided vote reflects that commissioners were not in full agreement on whether the pedestrian access waiver should be granted, with concerns about the implications for neighborhood safety appearing to drive the opposition. The outcome of the vote was not unanimous, indicating meaningful resistance among commission members to approving the waiver as proposed.

PLAN 2010-13P: Fairway Lands, Unit 11

6:33

This agenda item concerned a plan for Fairway Lands, Unit 11. The item was brought before the Commission as a discussion item, with Rory Kahly identified as the key speaker.

The plan was not advanced at this meeting due to a number of unresolved issues. Specifically, outstanding concerns regarding the geometrics for a proposed new cul-de-sac and tree protection had not yet been addressed to a point where the Commission could move forward with a decision.

As a result of these unresolved matters, the item was tabled. The Commission postponed consideration of PLAN 2010-13P to its next scheduled meeting on June 10, 2010, at which point it is expected that the outstanding issues related to the cul-de-sac design and tree protection measures will have been resolved and can be more fully addressed.

DP 2006-65: Blackford Property, Phases 1 & 2

7:44

This agenda item concerning the Blackford Property development plan (Phases 1 & 2) received only brief consideration at the May 13, 2010 Commission meeting. Rory Kahly addressed the Commission on this item, noting that the applicant had requested a postponement. As a result, no substantive presentation, debate, or discussion of the development plan took place at this meeting.

The item was tabled and continued to the June 10, 2010 meeting, where the Commission will have the opportunity to fully consider the proposal.

DP 2010-15: Gess Property, Unit 8

8:46

This agenda item concerned a development plan application identified as DP 2010-15, relating to the Gess Property, Unit 8. The item was introduced as a discussion item before the Commission.

Rory Kahly was the key speaker associated with this agenda item. No substantive presentation, debate, or review of the development plan took place at this meeting. At the request of the applicant, the Commission agreed to postpone consideration of the plan rather than proceeding with a full discussion or vote on the merits of the application.

The item was tabled and rescheduled for the July 8, 2010 Commission meeting, at which point the application would be taken up for fuller consideration.

PLAN 2010-28F: Higbee Mill Reserve, Section 2, Lot 3G

9:58

This agenda item concerned a plan for Higbee Mill Reserve, Section 2, Lot 3G, listed as Agenda Item 4. The matter was brought before the Commission as a discussion item.

• Key Speaker: Tom Martin
• Outcome: The plan was withdrawn at the request of the applicant.

No substantive presentation, debate, or concerns were recorded for this item, as it did not proceed to discussion. The applicant requested withdrawal of the plan prior to any Commission review or action.

PLAN 2009-38F: The Davis Family Children's Irrevocable Trust

10:58

This agenda item was briefly addressed by Bill Sallee, who explained that PLAN 2009-38F had been mistakenly included on the agenda. As a result, no substantive discussion, presentation, or debate took place regarding the plan. The item was withdrawn from consideration without any review of its merits, and no concerns were raised by commissioners or other speakers.

The outcome was that the item was withdrawn, and the Commission moved on to other business.

Consent Agenda

19:16

The Commission took up the consent agenda as a single item for approval. Bill Sallee was the key speaker during this portion of the meeting. The consent agenda was approved with one notable exception: item PLAN 2010-40F was pulled from the consent agenda and set aside for further discussion separately.

The remainder of the consent agenda items were approved as presented.

Sand Lake 2008-118F Waiver Requests

1:21:38

The Commission took up agenda item 7, concerning waiver requests submitted under case Sand Lake 2008-118F. The discussion was extensive, with key contributions from Tom Martin and Dick Murphy.

The debate centered on two distinct waiver requests. A primary area of concern during the discussion involved pedestrian access and safety, which commissioners examined at length before reaching a decision. The Commission ultimately reached a split outcome on the two requests:

• ADA Compliance Waiver: This waiver was approved by the Commission.
• Pedestrian Access Waiver: This waiver was not granted, reflecting the concerns raised during deliberation about pedestrian access and safety on the site.

The split result indicates that while commissioners were willing to grant relief on the ADA compliance matter, they were not satisfied that the pedestrian access waiver met the necessary standards or adequately addressed the safety concerns raised during discussion.

PLAN 2010-40F: Sharkey Property, Unit 1

1:40:54

The Commission took up Agenda Item 8, a resolution concerning PLAN 2010-40F for the Sharkey Property, Unit 1. Chris Taylor was the key speaker presenting and discussing this item before the Commission.

The plan was approved, though not without conditions attached to the resolution. Specifically, the Commission required that cross-sections be corrected and that zoning restrictions be added to the plan. These conditions reflect the Commission's attention to technical accuracy in the submitted documents as well as the need to ensure appropriate zoning parameters were formally incorporated.

The resolution ultimately passed with approval, subject to the fulfillment of those stated conditions.

PLAN 2010-41F: Marshall Property, Unit 2-K

1:48:59

The Commission took up Agenda Item 9, a resolution concerning PLAN 2010-41F for the Marshall Property, Unit 2-K. Tom Martin was the key speaker during the discussion of this item.

The plan was considered with conditions, notably including a waiver related to the timing of access easements. This waiver represented a specific accommodation within the approval, addressing when the required access easements would need to be established relative to the plan's progression.

The Commission ultimately approved the plan with those conditions in place.

PLAN 2005-196F: Sharkey Property, Unit 2B

2:03:45

The Commission took up Agenda Item 10, a resolution concerning PLAN 2005-196F for the Sharkey Property, Unit 2B. Tom Martin was the key speaker during this agenda item.

Prior to the Commission's deliberation, a waiver request associated with the plan was withdrawn. The record does not detail the specific nature of the waiver that had been sought or the reasons for its withdrawal.

The Commission ultimately approved the plan subject to six conditions. The specific conditions attached to the approval are not detailed in the available record.

DP 2010-22: Tackett Property, Kroger Plaza

2:31:42

The Commission took up Agenda Item 11, a resolution concerning Development Plan 2010-22 for the Tackett Property, Kroger Plaza.

Key Speaker: Tom Martin

Outcome: Approved with conditions

The plan was brought before the Commission for consideration and was ultimately approved. The approval came with specific conditions attached, including:

• Compliance with big box guidelines — the development is required to meet applicable big box retail standards
• Resolving easement conflicts — any outstanding easement conflicts associated with the property must be addressed as part of the development process

Tom Martin was the key speaker on this agenda item.

DP 2010-23: Sharkey Property, Unit 2B

2:36:31

The Commission took up Agenda Item 12, a resolution concerning Development Plan 2010-23 for the Sharkey Property, Unit 2B. Chris Taylor was the key speaker on this item.

The plan was presented for Commission consideration and included a finding related to the use of an access easement, which formed a notable component of the approval conditions.

The Commission approved the development plan with conditions, including the finding for the access easement use.

*Note: The available record for this agenda item is limited. Additional details regarding the full scope of the presentation, any debate among commissioners, or specific conditions attached to the approval are not reflected in the available structured data.*

Release and Call of Bonds

2:37:35

The Commission took up Agenda Item 13, concerning the release and call of bonds. Carolyn Richardson presented the item, which was governed by the terms outlined in a memorandum dated May 13, 2010.

The Commission approved the release and call of bonds as written in the May 13, 2010 memorandum.

• Presenter: Carolyn Richardson
• Governing document: Memorandum dated May 13, 2010
• Outcome: Approved

Cancel Meeting on May 27, 2010

3:02:50

The Commission took up Agenda Item 14, a resolution to cancel the meeting scheduled for May 27, 2010. Carolyn Richardson presented the item, which called for the cancellation of that upcoming meeting date.

No significant debate or concerns were recorded regarding the cancellation. The Commission approved the resolution to cancel the May 27, 2010 meeting.

Move Work Session on May 20, 2010 to 1:00 PM

3:04:39

The Commission took up Agenda Item 15, a resolution to reschedule the work session on May 20, 2010, to 1:00 PM. Carolyn Richardson was the key speaker on this item. The matter was straightforward in nature, involving an adjustment to the timing of an upcoming work session rather than a substantive policy question. No significant debate or concerns were recorded in connection with the proposed change. The Commission approved the resolution, confirming that the May 20, 2010 work session would be moved to 1:00 PM.

Cancel Zoning Committee Meeting on June 3, 2010

3:05:45

The Commission took up Agenda Item 16, a resolution to cancel the Zoning Committee meeting scheduled for June 3, 2010. Carolyn Richardson was the key speaker on this item. The resolution was straightforward in nature, with no substantive debate or concerns noted in the record regarding the cancellation. The Commission approved the resolution to cancel the June 3, 2010 Zoning Committee meeting.