Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on October 13, 2011, at 1:30 p.m. in the Council Chambers of the Urban County Government Building located at 200 East Main Street in Lexington, Kentucky. Mike Cravens presided over the meeting, which included 12 agenda items and resulted in 9 motions and votes. The Commission heard 9 public comments during the meeting.

The agenda covered a range of planning and zoning matters. The Commission approved routine items including the call to order, approval of minutes, and consideration of postponements or withdrawals. A consent agenda with no discussion items and a discussion items agenda were both approved. The Commission also addressed zoning items, approved a resolution for a former Planning Commission member, and heard an appeal in the case of BOAR 2011-1: James V. Johnson Appeal. Additionally, the Commission received informational reports on staff items, audience items, and next meeting dates before adjourning.

Attendance

The following individuals were present at the meeting on October 13, 2011:

• Mike Cravens
• Mike Owens
• Marie Copeland
• Frank Penn
• Eunice Beatty
• Carla Blanton
• Derek Paulsen
• Will Berkley
• Patrick Brewer
• Lynn Roche-Phillips
• William Wilson

No members were absent from the meeting.

Patrick Brewer and William Wilson arrived late to the meeting.

Votes and Decisions

All votes during this meeting were conducted by voice vote and passed unanimously with no dissenting votes or abstentions.

Approval of Minutes 3:43 The minutes from September 8, 2011 were approved on a motion by Mr. Owens, seconded by Ms. Beatty. The vote was 9-0.

Consent Agenda 15:13 Approval of Consent Agenda items passed on a motion by Mr. Brewer, seconded by Mr. Paulsen, with a vote of 11-0.

PLAN 2007-197P: Masterson Hills (a portion of) (AMD) 19:42 Reapproval of this plan passed 11-0 on a motion by Ms. Copeland, seconded by Ms. Roche-Phillips. The approval was conditioned on Building Inspection's approval of landscaping and required street tree information, and the Urban Forester's approval of the tree preservation plan and required street tree information.

PLAN 2011-105F: Spy Coast Farm Kentucky, LLC 37:17 Approval of this plan with waiver of frontage requirements for Lot 2 passed 11-0 on a motion by Frank Penn, seconded by Ms. Beatty. Conditions included deletion of access easement acreage from Lot 1 information and waiver of frontage requirements for Lot 2.

Frontage Requirements Waiver for PLAN 2011-105F, Lot 2 37:52 A separate vote on the waiver for frontage requirements passed 11-0 on a motion by Mr. Chairman, seconded by Mr. Owens.

DP 2011-83: Sharkey Property, Unit 1, Lots 8 & 13 1:13:05 Approval with revised conditions passed 11-0 on a motion by Mr. King, seconded by Mr. Wilson. Conditions required denoting reciprocal parking on the development plan and resolving the need for additional parking.

DP 2011-86: Hamburg Place Community, Multifamily, Phase 2A, Lot 3 1:42:36 Approval with revised conditions passed 11-0 on a motion by Mr. Chairman, seconded by Ms. Beatty. Conditions included denoting potential phase 2 parking if needed and removing traffic signal and right turn lane notes from the plan.

ZOTA 2011-10: Amendment to Article 8-1(d) 2:30:19 Amendment to allow Historic House Museum as conditional use in A-R zone passed 11-0 on a motion by Ms. Phillips, seconded by Mr. Wilson. Four conditions were imposed regarding operation by responsible entities, museum association membership, prohibition on expansion beyond historic footprint, and restriction of activities to the educational mission.

BOAR 2011-1: James V. Johnson Appeal 3:07:26 Approval of the appeal for painting previously unpainted brick walls passed 11-0 on a motion by Mr. Owens, seconded by Ms. Blanton.

Public Comment

Nine speakers addressed the board on various development and design matters.

Spy Coast Farm Subdivision

Sam Carneal, representing the applicant, spoke in support of the Spy Coast Farm subdivision 30:55. He emphasized that the subdivision aligns with existing farm use, avoids disrupting paddocks, and supports a USDA-approved equine quarantine facility. Carneal noted that the access easement is permanent and deed-restricted.

Sharkey Property Development

Michael Prather, Homeowner Association President, spoke in support of the Sharkey Property development 55:02. He stated that an agreement with the applicant resolves concerns about drive-throughs, lighting, and landscaping, and urged approval to avoid delays in development.

Joe Albaugh, a resident, also expressed support for the development 1:02:03, emphasizing the importance of having national brands in the area and the need for full occupancy to maintain property values.

Hamburg Place Community Development

Dick Murphy, representing the developer, spoke in support of the Hamburg Place Community development 1:29:07. He argued that the project meets all requirements and requested removal of the parking surplus and traffic signal notes based on future phase planning.

Historic House Museum Text Amendment

Three speakers supported the Historic House Museum text amendment. Nox Van Ogle, representing the Fayette Alliance, spoke at 2:09:18, emphasizing that the alternative text amendment balances agritourism with agricultural protection and supports proposed restrictions on events and expansion.

Billy Van Pelt, representing the Rural Land Management Board, confirmed at 2:15:30 that the alternative text amendment complies with the PDR conservation easement and supports the proposed language.

Headley Bell, representing Mill Ridge Farm, affirmed at 2:18:53 that the Murphys are excellent neighbors and that the project will not disrupt farming operations.

Painting Brick Walls Appeal

Betty Kerr, Director of Historic Preservation, opposed the appeal for painting brick walls 2:40:54, arguing that the house has not historically been painted and that the Board of Architectural Review correctly denied the permit based on design guidelines.

Jim Johnson, the property owner, spoke in support of the appeal 2:55:56, stating he painted the front and back walls in 1980 and wants to complete the job to match the green color, noting neighbor approval and the house's current appearance.

Contested Items

The October 13, 2011 meeting included three items that generated significant discussion and disagreement among commissioners and community members.

Historic House Museum Text Amendment

This amendment divided the board over how to balance agritourism with agricultural protection. Commissioners debated alternative text proposals, with some members supporting the amendment while others expressed concerns about its long-term effects. The primary point of contention centered on potential impacts to rural character and the adequacy of existing infrastructure to support the proposed uses.

Spy Coast Farm Subdivision Frontage Waiver

Commissioners engaged in heated discussion regarding a frontage waiver for the Spy Coast Farm subdivision. The debate focused on the permanence of access easements and concerns about a lot lacking direct road access. Despite the property's approval as a USDA-approved equine facility, commissioners questioned whether the easement arrangement could lead to future misuse or complications. The permanence and enforceability of the access agreement emerged as key points of contention.

Sharkey Property Drive-Throughs

Community opposition arose regarding drive-through operations proposed for the Sharkey Property. Neighbors voiced concerns about noise, lighting, and increased traffic impacts on the surrounding area. However, a resolution was reached through negotiation: the applicant and neighbors reached a mutual agreement that addressed the community's concerns and allowed the project to move forward.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chambers 0:00. Mike Cravens presided over the opening of the session.

Attendance was confirmed with 11 members present. This count included members who arrived after the meeting commenced.

The call to order was approved.

Approval of Minutes

The meeting proceeded to approve the minutes from the September 8, 2011, meeting. 3:43

Mr. Owens and Ms. Beatty participated in this agenda item. The minutes were approved by voice vote with no objections raised.

Postponements or Withdrawals

No requests for postponement or withdrawal were made during the meeting. 4:13

Consent Agenda - No Discussion Items

15:13

A series of final subdivision and development plans were approved by consent agenda without discussion. Mr. Sallee presented the items for approval.

The following projects were approved:

• Coldstream Research Campus
• Mahan Property units
• Sable Holdings
• Additional subdivision and development plans

Outcome: All consent agenda items were approved.

Discussion Items

The Commission discussed and voted on several major subdivision and development plans during this portion of the meeting 16:27.

Projects Reviewed

The following projects were presented for consideration:

• Masterson Hills reapproval
• Spy Coast Farm subdivision with frontage waiver
• Sharkey Property development with drive-throughs
• Hamburg Place multifamily project
• Additional subdivision and development plans

Key Participants

The discussion involved Ms. Gallt, Mr. Martin, Mr. Murphy, and Sam Carneal, who contributed to the deliberations on these various proposals.

Outcome

The Commission approved the discussion items presented during this agenda section.

Zoning Items

The Commission held a public hearing on ZOTA 2011-10, a proposed amendment to allow historic house museums as conditional uses in the A-R zone 1:46:18.

Key Participants

The discussion involved Mr. Martin, Dick Murphy, Nox Van Ogle, Billy Van Pelt, and Betty Kerr.

Outcome

Following extensive discussion, the Commission approved an alternative text amendment addressing the zoning proposal.

Resolution for Former Planning Commission Member

5:10

A resolution honoring Carolyn Richardson for her service as a Planning Commission member and Chair was presented and approved during this meeting.

Mike Cravens presented the resolution recognizing Richardson's contributions to the Planning Commission. Richardson was presented with the resolution and responded with a heartfelt speech thanking the Commission and staff for their work and support during her tenure.

The resolution was approved without noted opposition or concerns.

BOAR 2011-1: James V. Johnson Appeal

2:31:31

The Commission reviewed an appeal by James Johnson regarding permission to paint previously unpainted brick walls on his historic home.

Key Participants

The discussion involved Ms. Rackers, Betty Kerr, and Jim Johnson.

Outcome

The appeal was approved. The Commission's decision was based on the property owner's right to make the requested modification and ambiguity identified in the design guidelines governing the work.

Staff Items

Staff provided information about interior and minor exterior renovations to the Fayette County Public Schools warehouse facility located at 1126 Russell Cave Road. This item was presented for informational purposes only.

No specific speakers were identified for this agenda item, and no transcript timestamp is available to locate the discussion in the meeting recording.

Audience Items

During this portion of the meeting, citizens were invited to speak on planning-related matters. The discussion began at approximately 55:02.

Several residents spoke in support of two specific proposals:

• Sharkey Property development — Multiple speakers expressed support for this project
• Historic House Museum amendment — Residents also voiced support for this amendment

Key speakers during this segment included Michael Prather and Joe Albaugh, who addressed the assembled body on these planning-related topics.

The outcome of this agenda item was informational in nature, with no formal action taken. The citizen comments were received for the record and consideration by the planning body.

Next Meeting Dates

The following meeting dates were announced:

• Work Session scheduled for October 20, 2011
• Zoning Items Public Hearing scheduled for October 27, 2011

This was an informational item with no debate or discussion recorded.

Adjournment

The meeting was adjourned after all agenda items were addressed 3:08:36.