Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on September 9, 2010, at 1:32 PM in the Council Chambers of the Urban County Government Building, located at 200 East Main Street, Lexington, Kentucky, with Carolyn Richardson presiding. The meeting addressed a total of 10 agenda items spanning subdivision plans, development plans, and a proposed design guideline amendment. Over the course of the meeting, the Commission took 11 votes, heard no public comments, and received no presentations.

The agenda was divided between items that moved forward and those that were held back for further consideration. Four subdivision or development plan items — PLAN 2010-86F (Gess Property, Unit 11-D), PLAN 2005-166F (Clark Property Unit 1-B, Sec. 2), PLAN 2007-156F (Clark Property, Unit 1-M), and the Performance Bonds and Letters of Credit item — were approved. Six items were postponed, including PLAN 2010-73F (Cadentown-Flat Rock Realty, LLC), DP 2010-45 (Palumbo Property, Tract A – Hope Center), DP 2010-46 (L.T. Ruth Property – AMD), DP 2010-15 (Gess Property, Unit 8), DP 2006-65 (Blackford Property, Phases 1 & 2), and a proposed amendment to the "Big Box" Design Guidelines.

Attendance

The following members were present at the September 9, 2010 Commission meeting:

• Carolyn Richardson
• Mike Cravens
• Lynn Roche-Phillips
• Marie Copeland
• Mike Owens
• William Wilson
• Patrick Brewer
• Ed Holmes

Absent: Eunice Beatty, Derek Paulsen

No members were recorded as late.

Votes and Decisions

All votes at the September 9, 2010 Commission meeting were unanimous, with 8 ayes and 0 nays on each item.

Postponements

• PLAN 2010-73F: CADENTOWN-FLAT ROCK REALTY, LLC was postponed to September 23, 2010. Motion by Mike Cravens, seconded by William Wilson. (8–0) 3:32
• DP 2010-45: PALUMBO PROPERTY, TRACT A (HOPE CENTER) was postponed to October 14, 2010. Motion by Mike Owens, seconded by Mike Cravens. (8–0) 4:33
• DP 2010-46: L.T. RUTH PROPERTY (AMD) was postponed to October 14, 2010. Motion by Mike Owens, seconded by Mike Cravens. (8–0) 5:42
• DP 2010-15: GESS PROPERTY, UNIT 8 was postponed to October 14, 2010. Motion by Mike Cravens, seconded by Patrick Brewer. (8–0) 7:00
• DP 2006-65: BLACKFORD PROPERTY, PHASES 1 & 2 was postponed to November 11, 2010. Motion by Mike Owens, seconded by Mike Cravens. (8–0) 8:00
• The proposed amendment to the 'Big Box' Design Guidelines was postponed to September 23, 2010. Motion by Mike Cravens, seconded by Ed Holmes. (8–0) 9:21

Approvals

• The remaining Consent Agenda items were approved. Motion by Lynn Roche-Phillips, seconded by Mike Owens. (8–0) 14:47
• PLAN 2010-86F: GESS PROPERTY, UNIT 11-D was approved with conditions. Approval was granted without condition #10 for lots 122–126 and 156–162, excluding lots 17–25. Motion by Mike Owens, seconded by Lynn Roche-Phillips. (8–0) 32:22
• PLAN 2005-166F: CLARK PROPERTY UNIT 1-B, SEC. 2 was approved with a one-year extension. Motion by Mike Owens, seconded by Patrick Brewer. (8–0) 1:55:41
• PLAN 2007-156F: CLARK PROPERTY, UNIT 1-M was approved with a one-year extension. Motion by Mike Owens, seconded by Patrick Brewer. (8–0) 1:57:59
• The release and call of bonds as written in the memorandum from Chris King was approved. Motion by Mike Owens, seconded by Patrick Brewer. (8–0) 1:59:08

All votes were cast by Carolyn Richardson, Mike Cravens, Lynn Roche-Phillips, Marie Copeland, Mike Owens, William Wilson, Patrick Brewer, and Ed Holmes.

Contested Items

PLAN 2010-86F: Gess Property, Unit 11-D

This item generated significant discussion among Commission members during the September 9, 2010 meeting. The central points of contention involved the installation of a buffer yard fence and the specific conditions that would be attached to any approval of the plan.

The structured record does not provide detail on which individual commissioners or parties were on opposing sides of the debate, nor does it specify the exact nature of the disagreements over the fence installation or the precise conditions under discussion. The outcome of the vote or decision on this item is likewise not captured in the available data.

*Note: Timestamp information was not available for this agenda item.*

PLAN 2010-73F: CADENTOWN-FLAT ROCK REALTY, LLC

3:01

This agenda item was brought before the Commission but did not proceed to substantive discussion. Myke Robbins requested a postponement of the plan on behalf of the applicant, Cadentown-Flat Rock Realty, LLC. No presentation was made, no details of the plan were debated, and no concerns were raised during this brief appearance before the Commission.

The item was postponed to the September 23, 2010 Commission meeting.

DP 2010-45: Palumbo Property, Tract A (Hope Center)

4:03

This agenda item concerned Development Plan application DP 2010-45 for the Palumbo Property, Tract A, also identified as the Hope Center. The item was brought before the Commission for discussion, but no substantive presentation or debate took place during the meeting.

• Speaker: Seth Farmer addressed the Commission on this item.
• Request: The applicant requested a postponement of the development plan to the October 14, 2010 meeting.
• Outcome: The item was postponed to the October 14, 2010 meeting, as requested.

No additional details regarding the substance of the development plan, concerns from commissioners, or public comment were recorded in connection with this item at this meeting.

DP 2010-46: L.T. RUTH PROPERTY (AMD)

5:11

This agenda item concerned an amendment to development plan DP 2010-46 for the L.T. Ruth Property. The item was brought before the Commission, with Matt Carter identified as the key speaker on the matter.

No substantive presentation or debate took place on this item. Carter requested that the Commission postpone consideration of the plan, moving it to the October 14, 2010 meeting. No concerns were raised or discussed on the merits of the development plan itself during this session.

• Action requested: Postponement to the October 14, 2010 Commission meeting
• Outcome: Postponed as requested

DP 2010-15: GESS PROPERTY, UNIT 8

7:00

This agenda item concerned a development plan application identified as DP 2010-15, relating to the Gess Property, Unit 8. The item was brought before the Commission as a discussion item during the September 9, 2010 meeting.

Rory Kahly was the key speaker associated with this item. Rather than proceeding with a full presentation or substantive discussion of the development plan, the applicant requested that the item be postponed and rescheduled for a later meeting date.

Outcome: The Commission agreed to postpone consideration of DP 2010-15: Gess Property, Unit 8 to the October 14, 2010 meeting. No detailed presentation, debate, or review of the plan's merits took place at this session, as the postponement request was made at the outset of the item's consideration.

DP 2006-65: BLACKFORD PROPERTY, PHASES 1 & 2

8:00

This agenda item concerned Development Permit application DP 2006-65 for the Blackford Property, Phases 1 & 2. The item was brought before the Commission as a discussion item, with Rory Kahly identified as the key speaker.

No substantive presentation or debate took place on the merits of the development permit. Instead, the applicant requested a postponement of the plan, asking that the item be deferred to the November 11, 2010 meeting.

The Commission accommodated the request, and the item was postponed accordingly. No concerns were raised on the record regarding the application itself during this meeting.

Proposed Amendment to the 'Big Box' Design Guidelines

9:21

Agenda Item 6 concerned a proposed text amendment to the "Big Box" Design Guidelines. The item was brought forward by Bill Sallee, who requested on behalf of staff that the Commission postpone consideration of the proposed amendment.

The item was not substantively discussed or debated at this meeting. Staff asked that the matter be continued to the Commission's next scheduled meeting on September 23, 2010, at which point the amendment would be presented for fuller consideration.

The Commission agreed to the postponement, and no decision on the merits of the proposed amendment was reached at this time.

PLAN 2010-86F: GESS PROPERTY, UNIT 11-D

32:22

The Commission took up Plan 2010-86F concerning the Gess Property, Unit 11-D, with discussion centered on the installation of a buffer yard fence. Key speakers during this agenda item included Chris Taylor, Rory Kahly, and Howard Cruse.

The plan was presented and debated with respect to the proposed buffer yard fence and its applicability across the relevant lots within the unit. The discussion addressed conditions under which approval would be appropriate, including whether certain lots should be excluded from the plan's requirements.

The Commission ultimately approved Plan 2010-86F with conditions, specifically excluding certain lots from the scope of the approval. The record does not detail which individual lots were excluded or the precise reasoning behind each exclusion beyond the general discussion of the buffer yard fence installation.

PLAN 2005-166F: Clark Property Unit 1-B, Sec. 2

1:55:41

The Commission took up Agenda Item 8, a discussion item concerning Plan 2005-166F: Clark Property Unit 1-B, Section 2.

• Speaker: Rory Kahly presented on behalf of the applicant.
• Request: The applicant sought a one-year extension for Section 2 of the plan.
• Outcome: The Commission approved the requested one-year extension.

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

PLAN 2007-156F: CLARK PROPERTY, UNIT 1-M

1:57:59

The Commission took up Agenda Item 9, concerning Plan 2007-156F for the Clark Property, Unit 1-M. Rory Kahly appeared before the Commission as the key speaker on this matter.

The applicant requested a one-year extension for the plan. The Commission considered the request and approved the one-year extension.

Performance Bonds and Letters of Credit

1:59:08

The Commission took up Agenda Item 10, addressing the release and call of performance bonds and letters of credit. Chris King presented the item, with the discussion and action guided by a memorandum prepared by Mr. King outlining the specific bonds to be released and called.

The Commission approved the release and call of bonds as written in Mr. King's memorandum.

Outcome: Approved