Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on February 10, 2011, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Carolyn Richardson presided over the meeting, which addressed 16 agenda items related to various property developments and subdivisions. The Commission took 9 motions and votes during the session and heard 11 public comments from attendees.

Of the 16 agenda items considered, 15 were approved and one was postponed. The approved items included amendments and new developments across multiple properties and subdivisions, including Denton Farm Unit 4-A, Sunny Slope Farm Unit 1-H, Lansdowne Subdivision Unit 18-D, Roman Soldier Unit 1-C, Kirklevington North, Sharkey Property (Townley Centre), Beaumont Centre Unit 3-B, Bluegrass Executive Park Unit 1-B, Tuscany Unit 6, Beaumont Farm Unit 1, Sharkey Property Unit 4 Section 2, Denton Farm Unit 1-G, South Hill Gardens, South Broadway University Development, and Lovell & Hart Realty Company. The Hillenmeyer Property & DWS Property was postponed for further consideration.

Attendance

Present: Carolyn Richardson, Mike Cravens, Lynn Roche-Phillips, Marie Copeland, Mike Owens, William Wilson, Eunice Beatty, Patrick Brewer, and Derek Paulsen.

Absent: Carla Blanton and Ed Holmes.

Late: Lynn Roche-Phillips arrived after the meeting began.

Votes and Decisions

Postponement of PLAN 2010-131P: Hillenmeyer Property & DWS Property 5:40

A motion by William Wilson, seconded by Patrick Brewer, to postpone PLAN 2010-131P: Hillenmeyer Property & DWS Property (AMD) to March 10, 2011 passed by voice vote. All nine members voted in favor.

Consent Agenda Approval 12:39

A motion by Mike Owens, seconded by Patrick Brewer, to approve Consent Agenda items except DP 2011-4, with a revised condition on reciprocal access passed by voice vote. All nine members voted in favor.

PLAN 2011-7F: Denton Farm, Inc. 24:35

A motion by Mike Cravens, seconded by Derek Paulsen, to approve PLAN 2011-7F: Denton Farm, Inc. Unit 1-G, Block J, Lots 31 & 32; Block L, Lots 1 & 27-30 (AMD) with condition #17 revised to 21 feet pedestrian access width passed by voice vote. All nine members voted in favor. The condition specifies that the width of the proposed pedestrian access between lots 27 & 28 is to be 21 feet.

DP 2011-4: Kirklevington North 35:07

A motion by Patrick Brewer, seconded by Mike Cravens, to approve DP 2011-4: Kirklevington North (AMD) with revised condition #10 to denote reciprocal access passed by voice vote. All nine members voted in favor.

Plan 2005-330F: South Hill Gardens 41:43

A motion by Lynn Roche-Phillips, seconded by Patrick Brewer, to approve Plan 2005-330F: South Hill Gardens with a waiver for public improvements and conditions passed by voice vote. All nine members voted in favor. Conditions include no occupancy permit until Division of Engineering verifies public improvements, and the lighting pattern must match the approved plan.

DP 2011-5: South Broadway University Development 49:18

A motion by Eunice Beatty, seconded by Patrick Brewer, to approve DP 2011-5: South Broadway University Development with removal of conditions #9 and #11 passed by voice vote. All nine members voted in favor.

DP 2011-6: Lovell & Hart Realty Company 1:16:24

A motion by Mike Owens, seconded by Lynn Roche-Phillips, to approve DP 2011-6: Lovell & Hart Realty Company with 13 conditions passed by voice vote. All nine members voted in favor. A key condition requires Board of Health approval of the septic system or documentation of sanitary sewer service prior to building permit issuance.

Performance Bonds 1:17:36

A motion by Mike Owens, seconded by Mike Cravens, to approve release and call of performance bonds as stated in a memorandum dated February 10, 2011 passed by voice vote. All nine members voted in favor.

Closed Session 1:18:08

A motion by William Wilson, seconded by Mike Cravens, to convene a closed session to discuss pending litigation passed by voice vote. All nine members voted in favor.

Public Comment

The following individuals provided public comment during the meeting:

DP 2011-4: Kirklevington North Amendment

Richard Murphy requested removal of this item from the consent agenda to discuss a wording change in condition #10 regarding reciprocal parking and access 10:04. Later, Dick Murphy confirmed agreement with staff's recommendation and clarified that five parking spaces are being granted to the Lansdowne Shopping Center 33:25.

DP 2011-8: Beaumont Centre, Unit 3-B, Lot 6

Marie Copeland asked staff about the status of cleanup conditions on the Beaumont Centre plan, noting that the applicant had submitted a revised plan addressing conditions 11 through 20 11:06.

Denton Farm, Inc. Unit 1-G

Lynn Roche-Phillips raised several questions about the proposed green space. She asked about the intended use and improvements, including fencing, playgrounds, and maintenance plans 17:58. She later inquired whether the green space could be used for sports 20:43 and whether sidewalks would be installed 22:24.

John Barlow, the applicant, confirmed that the green space is a passive area for mowing only, not for recreational use, and that the HOA will maintain it 19:03. He also noted that the green space has a steep slope and is not suitable for athletic activities. Regarding sidewalks, the HOA advisory board opposes them due to water quality concerns and lack of use.

Plan 2005-330F: South Hill Gardens

Rena Wiseman supported the waiver request, explaining that installing curb and gutter simultaneously with house construction avoids costly repairs later 41:08.

DP 2011-5: South Broadway University Development

Tom Lambden appreciated staff and traffic engineering's cooperation in resolving concerns and requested approval of the amended plan 48:15.

DP 2011-6: Lovell & Hart Realty Company

Matt Carter explained that the new building will not increase impervious area and that the applicant is working with engineering and building inspection to resolve conditions 56:21. Captain Charles Bowen expressed concern about fire truck access and egress on gravel surface but was reassured that paved areas are present in front of buildings 1:09:11.

Contested Items

The meeting included three areas of significant disagreement among commissioners and staff:

Stormwater Detention for DP 2011-6

Commissioners were divided on whether stormwater detention was required for the project. The core dispute centered on whether detention was necessary despite the absence of an increase in impervious area. Concerns were raised about potential runoff into New Circle Road. The disagreement resulted in a split vote among commissioners on this issue.

Septic System and Runoff Conflict

Heated discussion arose regarding a potential conflict between stormwater runoff and septic system percolation. Commissioners expressed concerns about how these two systems might interact on the property. However, staff clarified the situation by confirming that the septic field was located away from the runoff area, which addressed the technical concern about system interference.

Fire Access on Gravel Surface

A procedural dispute emerged over fire department access and egress capabilities. The fire department raised concerns about whether fire trucks could safely access and exit the property on gravel surfaces. This concern was resolved by confirming that paved areas exist in front of the buildings, providing the necessary access for emergency vehicles.

Hillenmeyer Property & DWS Property (A Portion of) (AMD)

Plan Identifier: PLAN 2010-131P

Discussion Summary

The board considered a plan amendment for the Hillenmeyer Property and a portion of the DWS Property. 4:37

Rory Kahly presented on this agenda item. During the discussion, concerns were raised regarding development in proximity to a cemetery and environmentally sensitive areas.

Outcome

The plan was postponed to the March 10, 2011 meeting. The applicant requested a one-month delay to address the concerns raised.

Denton Farm, Inc. Unit 4-A, Block J, Lots 26-30; Block L, Lots 31-35 (AMD)

Plan Identifier: PLAN 2011-8F

Item Type: Consent Agenda

This matter was approved as part of the consent agenda 6:43. The application involved property at Denton Farm, Inc. Unit 4-A, specifically Block J, Lots 26-30 and Block L, Lots 31-35.

Key Participants: - Chris King - Bill Sallee - Tom Martin

Summary:

The applicant had submitted a revised proposal that addressed most cleanup conditions from the initial review. The approval was granted with conditions related to:

• Easements
• Recordation order
• Cleanup items

The revised submission demonstrated the applicant's responsiveness to staff requirements, allowing the item to move forward as part of the consent agenda without requiring extended discussion or debate.

Outcome: Approved

Sunny Slope Farm, Unit 1-H

Identifier: PLAN 2011-9F

Outcome: Approved

This item was approved as part of the consent agenda 7:16. The approval included several conditions that applicants must satisfy.

Key Participants: - Chris King - Bill Sallee - Tom Martin

Conditions of Approval:

The approval was contingent upon the following requirements:

• Floodplain status compliance
• Tree canopy compliance
• Coordination with prior plats

The consent agenda format indicates this item was processed with other routine matters without extended individual discussion, though the named participants were involved in the review and approval process.

Lansdowne Subdivision, Unit 18-D, Section 7, Lot 7 (AMD)

Identifier: PLAN 2011-10F

This item was approved as part of the consent agenda. 7:48

The proposal for Lansdowne Subdivision, Unit 18-D, Section 7, Lot 7 was discussed by Chris King, Bill Sallee, and Tom Martin.

The approval included conditions related to: - Maintenance requirements - Utility easements - Pedestrian access to adjacent park

Outcome: Approved

Roman Soldier, Unit 1-C, Lot 12 (AMD)

Identifier: PLAN 2011-11F

This item was approved as part of the consent agenda 8:21. The proposal for Roman Soldier, Unit 1-C, Lot 12 (AMD) included several conditions for approval:

• Firewalls
• Utility easements
• Land surveyor certification

Key Participants

The discussion involved Chris King, Bill Sallee, and Tom Martin.

Outcome

The item was approved with the specified conditions in place.

Kirklevington North (AMD)

Application: DP 2011-4

Outcome: Approved

Discussion Summary:

The meeting addressed the Kirklevington North application, with Tom Martin and Dick Murphy serving as key speakers on this agenda item. 26:52

The primary focus of discussion centered on parking arrangements for the development. Following deliberation between staff and the applicant, a revised approach to the project's parking provisions was agreed upon.

Key Decision:

Condition #10 was revised to denote reciprocal access instead of reciprocal parking. This modification reflected a consensus between staff and the applicant regarding how off-site parking would be utilized for the project.

The application was approved with this revised condition in place.

Sharkey Property (Townley Centre), Unit 11, Lots 8 & 13 (AMD)

Agenda Item: DP 2011-7

This item concerning the Sharkey Property at Townley Centre, Unit 11, Lots 8 & 13 was approved as part of the consent agenda 8:58.

Key Participants

The discussion involved Chris King, Bill Sallee, and Tom Martin.

Outcome

The proposal was approved with conditions. The approval included requirements related to:

• Tree islands
• Pedestrian easements
• Compliance with notification requirements

The item was processed through the consent agenda, indicating it was approved without requiring separate debate or a distinct vote from other agenda items.

Beaumont Centre, Unit 3-B, Lot 6

Identifier: DP 2011-8

This item was approved as part of the consent agenda 9:30.

Key Participants

The discussion involved Chris King, Bill Sallee, and Tom Martin.

Outcome

The proposal was approved with conditions. The approval included requirements for:

• Zoning corrections
• Building dimensions specifications
• Access details

Bluegrass Executive Park, Unit 1-B, Block F, Lot 2 (AMD) & Lot 7

Agenda Item: DP 2011-9

This item was approved as part of the consent agenda 10:04. The approval included specific conditions related to tree canopy, easement release, and the timing of street tree installation.

Key Speakers: - Chris King - Bill Sallee - Tom Martin

Outcome: The item was approved with conditions.

Tuscany, Unit 6, Lot 2

Identifier: DP 2011-10

Item Type: Consent Agenda

This item was approved as part of the consent agenda 10:35. The discussion involved Chris King, Bill Sallee, and Tom Martin.

Approval and Conditions

The proposal for Tuscany, Unit 6, Lot 2 was approved with the following conditions:

• Building dimensions requirements
• Access drive width specifications
• Compliance with Board of Adjustment requirements

Outcome

The item was approved.

Beaumont Farm, Unit 1, Lots 16-19 (AMD)

Item: DP 2011-11

This agenda item was approved as part of the consent agenda 11:06. The project involved Beaumont Farm, Unit 1, Lots 16-19 and was processed as an amendment (AMD).

Key Participants

The item was addressed by Chris King, Bill Sallee, and Tom Martin.

Approval and Conditions

The proposal was approved with the following conditions:

• Consolidation plat certification required
• Developer name addition to documentation

Outcome

The item was approved as presented on the consent agenda.

Sharkey Property, Unit 4, Section 2 (& Residential Service Building) (AMD#2)

Identifier: DP 2010-9

Type: Consent Agenda Item

Outcome: Approved

This agenda item addressed the Sharkey Property development for Unit 4, Section 2, including a Residential Service Building. The item represented an amendment (AMD#2) to the project.

Key Speakers: - Chris King - Bill Sallee - Tom Martin

Action Taken:

The project was approved with revised conditions. The approval included:

• A waiver to Article 6-8(b)
• Resolution of detention basin use
• Variance approval for frontage yard

Discussion:

The item was presented and discussed by the key speakers listed above. 11:38

Denton Farm, Inc. Unit 1-G, Block J, Lots 31 & 32; Block L, Lots 1 & 27-30 (AMD)

Plan Identifier: PLAN 2011-7F

The meeting included discussion of an amendment to the Denton Farm, Inc. development plan for Unit 1-G, involving Block J, Lots 31 & 32 and Block L, Lots 1 & 27-30. 13:35

Key speakers on this item included John Barlow and Tom Martin.

Outcome

The amendment was approved with a revision to condition #17. The condition was modified to reduce the pedestrian access width from 24 feet to 21 feet. According to the applicant's explanation, the pedestrian access leads to a private greenway area, which supported the rationale for the reduced width.

South Hill Gardens

Project Identifier: PLAN 2005-330F

Type: Discussion

Key Speakers: Rena Wiseman, Tom Martin

Outcome: Approved

The South Hill Gardens project was discussed and ultimately approved by the meeting body. 36:10

The approval included a waiver for public improvements, specifically for curb, gutter, and sidewalk construction. The project was approved subject to conditions that require verification of both construction compliance and lighting compliance before the project may proceed.

South Broadway University Development (AMD)

Agenda Item: DP 2011-5

Type: Discussion

Outcome: Approved

The South Broadway University Development project underwent discussion and review during this meeting. Key speakers on this agenda item included Tom Lambden and Tom Martin 43:17.

The project was approved with modifications to the original conditions. Specifically, conditions #9 and #11 were removed from the approval following actions taken by the applicant.

The applicant secured an off-site parking lease, which addressed parking requirements for the development. Additionally, the applicant confirmed traffic impact mitigation measures, satisfying concerns related to traffic impacts from the project.

The removal of these two conditions reflected the applicant's successful completion of these critical project requirements prior to final approval.

Lovell & Hart Realty Company (AMD)

Identifier: DP 2011-6

Type: Discussion

Outcome: Approved with 13 conditions

50:29

The board discussed and approved the Lovell & Hart Realty Company application, designated DP 2011-6. Key participants in the discussion included Matt Carter, Captain Charles Bowen, and Hillard Newman.

The application was approved subject to 13 conditions. Among the required conditions were Board of Health approval for the septic system and documentation of stormwater management practices.

During the discussion, concerns were raised regarding runoff and the interaction between the septic system and stormwater management. Despite these concerns, the board moved forward with approval, contingent upon the conditions being satisfied.