Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on April 14, 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 included consideration of 12 agenda items. The Commission took 9 motions and votes during the session and heard 4 public comments.

Of the 12 agenda items presented, the Commission approved 5 proposals and postponed 6 others. The approved items included the Mahan Property, Unit 1-B (Apartments) amendment, the Phil Greer Property, Lot 1 amendment, the General Telephone Co, Lot 1 amendment, the Plaza Property amendment, and the Tates Creek Center (also known as Belleau Woods Shopping Center) amendment. The postponed items were Denton Farms, Inc., Unit 1-F; NDC Property, Unit 5D, PH II (Wellington); Sharkey Property, Unit 1, Lot 18 (Townley Center); Parkway Plaza; Jefferson & Poole Property (Parkway Plaza); and Viley Heights Subdivision, Unit 3-D (Obe & Joella Waller Property), which appeared twice on the agenda.

Attendance

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

Absent: - Carla Blanton

Late: None reported

Votes and Decisions

Postponement of PLAN 2011-22F: Denton Farms, Inc., Unit 1-F (AMD) 2:32 Motion by Mike Cravens, seconded by William Wilson. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor: Carolyn Richardson, Mike Cravens, Lynn Roche-Phillips, Marie Copeland, Ed Holmes, Mike Owens, William Wilson, Eunice Beatty, Patrick Brewer, and Derek Paulsen.

Postponement of DP 2009-75: NDC Property, Unit 5D, PH II (Wellington) 3:41 Motion by Mike Owens, seconded by Eunice Beatty. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Postponement of DP 2011-26: Sharkey Property, Unit 1, Lot 18 (Townley Center) 4:17 Motion by Mike Cravens, seconded by Mike Owens. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Postponement of PLAN 2011-38F: Parkway Plaza (AMD) 5:55 Motion by Mike Owens, seconded by Patrick Brewer. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Postponement of DP 2011-29: Jefferson & Poole Property (Parkway Plaza) (AMD) 6:32 Motion by Mike Owens, seconded by Ed Holmes. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Approval of Consent Agenda 11:43 Motion by Lynn Roche-Phillips, seconded by Mike Owens. The motion to approve consent agenda items DP 2011-24, DP 2011-25, DP 2011-28, DP 2011-35, and ZDP 2007-81 (with ZDP 2007-81 removed for discussion) passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Approval of DP 2011-27: Tates Creek Center (Belleau Woods Shopping Center) (AMD) 48:39 Motion by Mike Owens, seconded by Mike Cravens. The motion to approve with conditions passed by roll call vote with 10 ayes and 0 nays. All members voted in favor. Conditions included extending sidewalk from Tates Creek Road across the access road to the shopping center front, labeling canopies in front of Kroger, relocating bike racks closer to Kroger's entrance, and a finding of significant compliance with Big-Box Design Guidelines. Condition 12 regarding the van pool lot was excluded.

Postponement of ZDP 2007-81: Viley Heights Subdivision, Unit 3-D (Obe & Joella Waller Property) 1:16:23 Motion by Marie Copeland, seconded by Ed Holmes. The motion to postpone passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Approval of Release and Call of Bonds 1:17:56 Motion by Mike Owens, seconded by Mike Cravens. The motion to approve release and call of bonds dated April 14, 2011 passed by roll call vote with 10 ayes and 0 nays. All members voted in favor.

Public Comment

Four speakers provided public comment during the meeting.

Marie Copeland addressed the Big-Box Design Guidelines and van pool lot requirement 38:31. She suggested that the Commission reconsider the requirement for a van pool lot on the Tates Creek Center site. Copeland proposed instead that support facilities be built on a second story to reduce parking needs and avoid turning the site into a park-and-ride lot.

Later in the meeting, Copeland returned to speak about ZDP 2007-81 and enforcement timeline 1:09:17. She asked whether the Commission could impose a 30-day deadline for certification of occupancy. She was advised that the zoning ordinance limits such timelines to one year.

Mike Owens commented on van pool lot feasibility and MPO requirements 42:01. He asked whether the van pool lot requirement could be revised to allow off-site locations. Owens noted that MPO staff had not insisted on on-site placement and suggested that Beaumont Shopping Center might be a viable alternative location.

Dick Murphy addressed ZDP 2007-81 re-approval and enforcement 1:02:03. He explained that the applicant had failed to certify the plan due to miscommunication with an out-of-town surveyor. Murphy noted that businesses in the building had obtained certificates of occupancy, though enforcement actions had occurred related to outdoor activities.

Contested Items

Van Pool Lot Requirement for Tates Creek Center

Commissioners engaged in a heated discussion regarding whether a van pool lot should be required on the Tates Creek Center site. The debate centered on the practicality of the requirement given existing parking constraints at the location. Some commissioners suggested that off-site alternatives might be more appropriate and questioned whether the condition was necessary. The disagreement reflected differing views on how to balance transportation planning goals with the site's physical limitations and feasibility concerns.

ZDP 2007-81 Re-approval and Enforcement

A procedural dispute emerged concerning the Commission's authority and obligations regarding ZDP 2007-81. The disagreement had two components: first, whether the Commission could impose a certification timeline shorter than the one-year limit established by the zoning ordinance, and second, whether businesses operating without certified plans were in violation of regulations. This dispute raised questions about the scope of the Commission's enforcement powers and the proper interpretation of zoning ordinance requirements regarding certification deadlines and compliance obligations.

Denton Farms, Inc., Unit 1-F (AMD)

Plan Identifier: PLAN 2011-22F

Discussion Summary

John Barlow presented this agenda item, which concerned a proposed amendment to the Denton Farms, Inc., Unit 1-F development plan. 2:32

Key Issues

The discussion identified unresolved issues regarding buildable areas within existing easements. These concerns required additional revisions to the plan before it could move forward for approval.

Outcome

The plan was postponed to May 12, 2011, to allow time for the necessary modifications to be completed and submitted for reconsideration.

NDC Property, Unit 5D, PH II (Wellington)

Identifier: DP 2009-75

Overview

The meeting included discussion of a development proposal for NDC Property, Unit 5D, PH II (Wellington). John Barlow addressed this agenda item 3:41.

Key Issues

Staff identified unresolved design and density issues with the proposal. Additionally, there were concerns regarding potential non-compliance with Land Subdivision Regulations.

Outcome

The plan was postponed to May 12, 2011, to allow time for these matters to be addressed.

Sharkey Property, Unit 1, Lot 18 (Townley Center)

Agenda Item: DP 2011-26

Bob Cornett presented discussion on the Sharkey Property, Unit 1, Lot 18 (Townley Center) development plan 4:17. The review identified outstanding design issues that required further examination before the plan could proceed to approval.

Outcome

The plan was postponed to May 12, 2011, to allow time for addressing the design concerns and conducting additional review.

Parkway Plaza (AMD)

Identifier: PLAN 2011-38F

Tom Martin presented this agenda item, which involved discussion of the Parkway Plaza project 5:55.

Following a staff request for a one-month delay, the plan was postponed to allow time to address outstanding issues. The postponement was scheduled for May 12, 2011.

Jefferson & Poole Property (Parkway Plaza) (AMD)

Identifier: DP 2011-29

Overview

The board discussed the Jefferson & Poole Property (Parkway Plaza) development plan during this meeting. 6:32

Key Speaker

Tom Martin presented on this agenda item.

Outcome

The plan was postponed to May 12, 2011. The postponement was due to unresolved design issues concerning improvements on the property that required further resolution before the board could proceed with approval or additional action.

Mahan Property, Unit 1-B (Apartments) (AMD)

Identifier: DP 2011-24

Type: Consent Agenda Item

Outcome: Approved

This agenda item concerning the Mahan Property, Unit 1-B (Apartments) was approved as part of the consent agenda 7:41. The project was presented by Chris King and Bill Sallee.

The approval included conditions addressing several infrastructure and site planning concerns:

• Drainage: Conditions were imposed to ensure proper drainage management for the property
• Traffic: Traffic-related conditions were established for the development
• Landscaping: Landscaping requirements were specified as part of the approval
• Pedestrian Crosswalks: Conditions related to pedestrian crosswalk safety and accessibility were included

The item was processed through the consent agenda, indicating it was approved without extended discussion or debate during the meeting.

Phil Greer Property, Lot 1 (AMD)

Identifier: DP 2011-25

This item was approved as part of the consent agenda 8:17. The proposal for Phil Greer Property, Lot 1 included conditions addressing drainage, traffic, landscaping, and site statistics.

Key speakers on this item included Chris King and Bill Sallee.

The item was approved with the following conditions:

• Drainage requirements
• Traffic considerations
• Landscaping specifications
• Site statistics compliance

Outcome: Approved

General Telephone Co, Lot 1 (AMD)

Identifier: DP 2011-28

Item Type: Consent Agenda

This item was approved as part of the consent agenda 8:55. Key speakers on this matter included Chris King and Bill Sallee.

Approval and Conditions

The proposal for General Telephone Co, Lot 1 (AMD) was approved with the following conditions:

• Drainage requirements
• Traffic considerations
• Landscaping specifications
• Tree protection measures

Outcome

The item was approved as presented.

Plaza Property (AMD)

Identifier: DP 2011-35

Type: Consent Agenda Item

Outcome: Approved

This item was approved as part of the consent agenda 10:06. The Plaza Property amendment involved several conditions that staff required for approval.

Key Conditions

The approval included conditions related to: - Drainage - Traffic - Landscaping - Technical review

Staff Notes

Staff members Chris King and Bill Sallee noted that last-minute cleanup efforts were undertaken prior to the meeting, indicating final preparations were made to address outstanding issues before the item came before the body for consideration.

Viley Heights Subdivision, Unit 3-D (Obe & Joella Waller Property)

Identifier: ZDP 2007-81

The plan for the Obe & Joella Waller property in Viley Heights Subdivision, Unit 3-D was removed from the consent agenda to allow for further discussion on outstanding issues 9:25.

Key Speakers

Marie Copeland and Dick Murphy led the discussion on this agenda item.

Issues Discussed

The plan could not proceed to approval due to unresolved conditions. Two primary concerns were identified:

• Outdated floodplain information: The floodplain data associated with the plan required updating before approval could be granted.
• Missing sign-offs: Required approvals or authorizations had not yet been obtained.

Outcome

The item was postponed to allow time for these conditions to be addressed. The plan was removed from the consent agenda rather than approved, indicating that additional work and coordination would be necessary before the matter could be brought back for consideration.

Tates Creek Center (aka Belleau Woods Shopping Center) (AMD)

Project Identifier: DP 2011-27

Overview

The board discussed an amendment to the Tates Creek Center, also known as Belleau Woods Shopping Center. 13:19

Key Participants

The discussion involved Bob Cornett, Mr. Martin, and Mr. Taylor.

Outcome

The project was approved with conditions. The approval included the following requirements:

• Sidewalk extension
• Canopy labeling
• Bike rack relocation
• A finding of significant compliance with Big-Box Design Guidelines

The board removed the van pool lot condition that had previously been included.

Viley Heights Subdivision, Unit 3-D (Obe & Joella Waller Property)

Case Number: ZDP 2007-81

Discussion Type: Postponement

The board discussed the Viley Heights Subdivision, Unit 3-D project for the Obe & Joella Waller property 1:16:23. Key speakers in this discussion included Dick Murphy and Marie Copeland.

The item was postponed to allow the applicant additional time to address outstanding conditions. Specifically, the applicant was required to provide updated floodplain information and obtain necessary sign-off requirements before the matter could proceed further.

Outcome: Postponed