Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on July 14, 2011, at 1:37 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting.

The Commission considered 13 agenda items during the session, taking 10 motions and votes. The meeting included 3 public comments from attendees. All 13 items on the agenda were approved, including multiple subdivision plans, development plans, and a public facilities request. The approved items included various property developments such as Richardson Property units, Beaumont Forest lots, Arlington Weekly Payment Co. & Investment Co. Addition, Mark Acre Property lots, Sharkey Property units, Newmarket Property, Marquis Building, Beaumont Farm lot, Tates Creek Centre, and A-1 Sanitation & Edster Property. The Commission also approved a public facilities request for a Band Tower at Henry Clay High School submitted by Fayette County Public Schools.

Attendance

Present: - Mike Cravens - Marie Copeland - Mike Owens - William Wilson - Patrick Brewer - Lynn Roche-Phillips

Absent: - Eunice Beatty - Carla Blanton - Derek Paulsen

Late: None reported

Votes and Decisions

Approval of Minutes from June 9, 2011 5:34 Motion by Mr. Owens, seconded by Mr. Brewer. Passed by voice vote with all six members voting in favor: Mike Cravens, Marie Copeland, Mike Owens, William Wilson, Patrick Brewer, and Lynn Roche-Phillips.

Postponement of DP 2011-62: Riddell Plaza, Lots 1 & 4 to August 11, 2011 6:41 Motion by Mr. Brewer, seconded by Ms. Roche-Phillips. Passed by voice vote with all six members voting in favor.

Approval of Consent Agenda 11:43 Motion by Ms. Roche-Phillips, seconded by Mr. Brewer. Passed by voice vote with five members voting in favor (Mike Cravens, Mike Owens, William Wilson, Patrick Brewer, and Lynn Roche-Phillips) and one abstention (Marie Copeland).

Reapproval of PLAN 2007-177F: Sharkey Property, Unit 4, Section 2 16:57 Motion by Mr. Wilson, seconded by Mr. Brewer. Passed by voice vote with all six members voting in favor. Approval included 15 conditions addressing engineering, traffic, landscaping, tree preservation, and compliance with subdivision regulations.

Approval of DP 2011-52: Beaumont Farm, Unit 1, Section 4, Lot 4 33:35 Motion by Ms. Copeland, seconded by Mr. Wilson. Passed by voice vote with all six members voting in favor. Approval included 11 conditions addressing infrastructure, landscaping, bike and pedestrian facilities, and fire safety.

Approval of DP 2011-58: Tates Creek Centre, Lot 1 (Amendment #10) 49:07 Motion by Mr. Brewer, seconded by Mr. Brewer. Passed by voice vote with all six members voting in favor. Approval included 19 conditions addressing engineering, traffic, landscaping, parking, and buffer requirements.

Approval of DP 2011-61: A-1 Sanitation & Edster Property 1:13:09 Motion by Mr. Wilson, seconded by Mr. Wilson. Passed by voice vote with all six members voting in favor. Approval included 16 conditions addressing infrastructure, landscaping, parking, tree protection, and emergency vehicle access.

Approval of Performance Bonds and Letters of Credit 1:14:16 Motion by Mr. Brewer, seconded by Ms. Roche-Phillips. Passed by voice vote with all six members voting in favor.

Approval of PFR 2011-5: Public Facilities Review for Henry Clay High School Band Tower 1:22:04 Motion by Mr. Brewer, seconded by Mr. Owens. Passed by voice vote with all six members voting in favor. Approval included two conditions requiring applicable permits and removal of temporary scaffolding.

Adjournment 1:23:08 Motion by Mr. Brewer, seconded by Mr. Owens. Passed by voice vote with all six members voting in favor.

Public Comment

Three speakers provided public comment during the meeting, addressing concerns related to site access, pedestrian safety, and visual impact.

Access and Circulation for Beaumont Farm Development

Ms. Copeland raised concerns about the proposed access to Beaumont Center Circle in connection with the Beaumont Farm development 26:50. She expressed worry that the proposed access arrangement would unfairly benefit the applicant and disrupt shared circulation with other lots. Ms. Copeland urged that a shared access easement be guaranteed before project approval.

Pedestrian Safety at Tates Creek Center

Ms. Copeland also addressed pedestrian safety considerations at Tates Creek Center 44:48. She suggested adding rumble strips or pavement markings near the proposed crosswalk to improve safety. Her recommendation was based on concerns about high traffic volume in the area and the potential for jaywalking.

Visual Impact of Detention Basin

Ms. Cufflin commented on the visual impact of the proposed retention basin 1:10:52. She requested that screening be added at the point where the retention basin meets Newtown Pike to mitigate visual intrusion and maintain aesthetic harmony with the surrounding landscape.

Appointments

The following individuals were appointed to the Nominating Committee:

• Eunice Beatty
• Derek Paulsen
• Carla Blanton

Contested Items

Access and Circulation for Beaumont Farm Development

Ms. Copeland raised concerns about access arrangements for the Beaumont Farm development, specifically regarding fairness in access to Beaumont Center Circle. The core issue centered on the lack of guaranteed shared access among lot owners. This concern prompted a detailed discussion among commissioners about circulation patterns and equity considerations for property owners in the development. The heated nature of this discussion reflected disagreement over how to ensure fair and equitable access arrangements across the proposed development.

Sanitary Sewer Line Conflict at A-1 Sanitation & Edster Property

A significant point of contention emerged regarding an active sanitary sewer line that conflicted with the proposed development plan at the A-1 Sanitation & Edster Property location. Commissioners were divided on whether to approve the plan given this unresolved infrastructure conflict. During the debate, staff confirmed that the sanitary sewer line could be relocated through the appropriate engineering approval process, which provided a potential pathway forward. However, the commissioners remained split on the decision, indicating that some members had reservations about proceeding with approval despite the possibility of relocating the sewer line through standard engineering procedures.

PLAN 2011-67F: Richardson Property, Unit 5, Section 3

Outcome: Approved

Summary:

PLAN 2011-67F for the Richardson Property, Unit 5, Section 3 was approved via consent agenda 7:43. No discussion occurred during the meeting.

Approval Conditions:

The approval included the following conditions:

• Utility easements
• Tree protection
• Street address approval

Key Participants:

Bill Sallee was identified as a key speaker on this agenda item.

PLAN 2011-68F: Richardson Property, Unit 5, Section 4

Outcome: Approved

This item was approved via consent agenda with no discussion. 7:43

Conditions of Approval

The approval included the following conditions:

• Street tree notes
• Access easement cross-sections
• Lot setbacks

Key Participant

Bill Sallee was identified as a key speaker on this agenda item.

PLAN 2011-69F: Beaumont Forest, Unit 1, Lots 4D & 4E

This agenda item was approved via the consent agenda with no discussion. 7:43

Approval Conditions

The plan was approved subject to the following conditions:

• Revised engineer certification
• New easement notes
• Floor elevation clarification

Outcome

The plan for Beaumont Forest, Unit 1, Lots 4D & 4E was approved.

PLAN 2011-70F: Arlington Weekly Payment Co. & Investment Co. Addition

This agenda item was approved via the consent agenda with no discussion. 7:43

Approval Conditions

The plan was approved subject to the following conditions:

• Property owner information must be provided
• Zoning details must be removed from the plan
• A maintenance note must be added to the plan

Outcome

The plan received approval without debate or additional comments from the body.

PLAN 2011-71F: Mark Acre Property (South Broadway Land, LLC) Lots 1 & 2

7:43

This agenda item concerning the Mark Acre Property (South Broadway Land, LLC) Lots 1 & 2 was approved via the consent agenda. Bill Sallee was the key speaker on this matter.

The approval included the following conditions:

• Conditional zoning
• Utility easement resolution
• Sidewalk transition note

No discussion occurred during the meeting regarding this item.

Outcome: Approved

PLAN 2011-72F: Sharkey Property, Unit 1, Lot 10 (Amendment)

This agenda item concerning the Sharkey Property, Unit 1, Lot 10 amendment was approved via consent agenda 7:43. Bill Sallee was the key speaker on this matter.

The amendment was approved with the following conditions:

• Development plan compliance requirements
• Access easement maintenance obligations
• Note revisions

No discussion occurred during the consideration of this item, as it was processed through the consent agenda procedure.

DP 2007-141: Newmarket Property, Unit 8

This item was reapproved via consent agenda 7:43. Bill Sallee was the key speaker on this matter.

The reapproval included the following conditions:

• Second certification requirement
• Note correction
• Street stub construction
• Electric utility easement addition

No discussion occurred during the meeting regarding this agenda item.

Outcome: Approved

DP 2011-64: Marquis Building

DP 2011-64 concerning the Marquis Building was approved via consent agenda 7:43. No discussion occurred during the meeting.

The item was approved with the following conditions:

• Walkway dimensions
• Construction access
• Building envelope clarification

Bill Sallee was the key speaker associated with this agenda item.

PLAN 2007-177F: Sharkey Property, Unit 4

13:12

The board discussed and reapproved PLAN 2007-177F for the Sharkey Property, Unit 4. Key speakers in this discussion included Cheryl Gallt and Al Gross.

The plan was reapproved with conditions. The approval required tree protection approval and compliance with prior waivers. Both staff and the applicant expressed support for the reapproval.

The outcome of this agenda item was approval.

DP 2011-52: Beaumont Farm, Unit 1, Section 4, Lot 4

18:13

This agenda item addressed a development proposal for Beaumont Farm, Unit 1, Section 4, Lot 4. The discussion involved Chris Taylor, Tom Lambdin, and Ms. Copeland.

Key Issues Discussed

Concerns were raised during the discussion regarding access and circulation for the proposed development. These issues were central to the deliberation before a final decision was reached.

Conditions for Approval

The proposal was approved with specific conditions attached:

• Resolution of an access easement
• Minor plat certification of the easement

Outcome

The item was approved following discussion and negotiation of the conditions noted above.

DP 2011-58: Tates Creek Centre, Lot 1 (Amendment #10)

34:36

This agenda item addressed Amendment #10 to the development permit for Tates Creek Centre, Lot 1. The discussion involved Mr. Sally and Michael Cady, who addressed the proposal and responded to prior concerns that had been raised.

During the discussion, staff and the applicant worked through outstanding issues related to the amendment. Key adjustments were negotiated, including modifications to buffer width requirements and signage specifications. These conditions were incorporated into the approval to address previous concerns and ensure compliance with applicable standards.

The development permit amendment was approved following the discussion, contingent upon the agreed-upon conditions regarding buffer width adjustment and signage requirements.

DP 2011-61: A-1 Sanitation & Edster Property

This agenda item was discussed approximately 50 minutes and 15 seconds into the meeting 50:15.

Key Speakers

The discussion involved Mr. Martin and Jim Black.

Summary of Discussion

The proposal for DP 2011-61 concerning the A-1 Sanitation & Edster Property was presented for consideration. An engineer provided a relocation plan as part of the discussion.

Issues Addressed

Two primary concerns were identified and addressed during the discussion:

• Sewer line conflict resolution
• Building envelope adjustment

Outcome

The proposal was approved with conditions. The approval was contingent upon resolution of the sewer line conflict and adjustment of the building envelope as discussed. The engineer's relocation plan was accepted as the basis for addressing these conditions.

PFR 2011-5: Fayette County Public Schools - Band Tower at Henry Clay High School

1:16:00

This agenda item addressed a proposed band tower project at Henry Clay High School within the Fayette County Public Schools system.

Presentation and Discussion

Bill Sallee presented the project to the board. The discussion focused on the construction and installation of a band tower facility at the high school.

Key Recommendations

Staff emphasized two primary recommendations for the project:

• Obtaining a building inspection permit prior to construction
• Removal of old scaffolding from the site

Considerations

The presentation highlighted the importance of safety protocols and ensuring that the project aligned with the school's curriculum needs.

Outcome

The board approved the project with the recommended conditions regarding the building inspection permit and removal of existing scaffolding.