Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on December 8, 2011, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Cravens presided over the meeting, which included 11 agenda items, 8 motions and votes, and 7 public comments.

The Commission approved seven development projects during the meeting: Loudon Park Block 17 Lot 11 & Westerly ½ of 13; South Elkhorn Village; Newtown Springs (Trilogy Lexington Health Campus #3); Tates Creek Center Lot 1 (formerly Belleau Woods Shopping Centre) Amendment; Ingleside Apartments Amendment; Newmarket Property Phase 1 Unit 9; and Angliana Avenue and A.G. McGregor Subdivision Amendment. Two items were postponed: Chinoe Village Shopping Center Amendment and Liggett & Company. The Commission also heard two informational presentations: the Annual Report from the Purchase of Development Rights Program and the Annual Report for the Courthouse Area Design Review Board.

Attendance

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

Late: - Will Berkley

Votes and Decisions

Approval of Revised Minutes from October 27, 2011 4:30 Motion by Mike Owens, seconded by Derek Paulsen. Passed unanimously 10-0.

Postponement of DP 2011-97: Liggett & Company to January 12, 2012 5:34 Motion by Eunice Beatty, seconded by William Wilson. Passed unanimously 10-0.

Approval of Consent Agenda Items: PLAN 2011-128F, PLAN 2011-129F, DP 2011-95, DP 2011-101, DP 2011-102 8:29 Motion by Frank Penn, seconded by Patrick Brewer. Passed unanimously 10-0. Approval was conditioned on Urban County Engineer's acceptance of drainage, storm and sanitary sewers; Urban County Traffic Engineer's approval of street cross-sections and access; Building Inspection's approval of landscaping; Addressing Office's approval of street names and addresses; Urban Forester's approval of tree protection areas and street tree information; addition of utility and street light easements; dashed lines for adjacent property; corrected lot numbers; required subdivision notes; deletion of landscape data and tree canopy notes; addition of building line (20'); and revision of Urban County Engineer's Certification.

Motion to Disapprove DP 2011-96: Chinoe Village Shopping Center (AMD) 1:30:54 Motion by Frank Penn, seconded by Frank Penn, citing traffic, safety, and nuisance concerns. Failed 6-5. Voting in favor: Mike Cravens, Mike Owens, Marie Copeland, Frank Penn, Eunice Beatty, Lynn Roche-Phillips. Voting against: Carla Blanton, Derek Paulsen, William Wilson, Will Berkley, Patrick Brewer.

Motion to Continue DP 2011-96: Chinoe Village Shopping Center (AMD) until February 9, 2012 2:01:53 Motion by Lynn Roche-Phillips, seconded by William Wilson. Passed 7-4. Voting in favor: Mike Cravens, Mike Owens, Marie Copeland, Frank Penn, Eunice Beatty, Lynn Roche-Phillips, William Wilson. Voting against: Carla Blanton, Derek Paulsen, Will Berkley, Patrick Brewer. Continuation was conditioned on conducting a traffic impact study, obtaining and reviewing 2002 Planning Commission meeting minutes, addressing concerns regarding lighting, noise, and screening, and ensuring compliance with EAMP for greenway and stormwater features.

Approval of DP 2011-98: New Market Property, Phase 1, Unit 9 2:24:59 Motion by Carla Blanton, seconded by Eunice Beatty. Passed unanimously 10-0. Conditioned on denoting conditional zoning restrictions for tree canopy adjacent to I-75, resolving transition and cross-section for Passage Mound Lane, and providing findings of EAMP compliance.

Approval of DP 2011-103: Angliana Avenue and A.G. McGregor Subdivision (AMD) 2:34:15 Motion by Carla Blanton, seconded by Derek Paulson. Passed unanimously 10-0. Conditioned on denoting building dimensions, correcting note number three, correcting purpose of amendment note, identifying tree protection area extent, and Technical Committee review prior to certification.

Approval of Release and Call of Bonds 2:26:35 Motion by Mike Cravens, seconded by William Wilson. Passed unanimously 10-0.

Public Comment

Seven speakers addressed the Commission regarding the proposed gas station at Chinoe Village Shopping Center, expressing concerns about traffic, safety, environmental risks, and neighborhood impacts.

Opposition to the Proposed Development

Bruce Thomas opened public comment [00:50:59] with strong opposition to the gas station, citing concerns over property values, increased traffic, environmental risks, and the visual impact of a large canopy. He urged the Commission to prioritize community welfare over corporate interests.

Jeannie [00:55:15] shared personal concerns about the impact on her home equity and neighborhood character, highlighting the lack of trees on Shinoahe Road and expressing fears about increased crime, noise, and environmental hazards.

Traffic and Safety Concerns

Bill Wilson [01:01:13] emphasized the need for a traffic impact study and urged the Commission to visit the site to understand the proximity of homes to the proposed gas station. He criticized the lack of perspective in provided maps and stressed visual and safety concerns for residents.

Betsy Carnes [01:04:31] opposed the gas station due to safety risks, including fire hazards and the narrow, dead-end nature of Creekwood Drive. She questioned the economic justification and called for more transparency from Kroger regarding the project.

Roseanne Mandia [01:10:52] reported frequent near-misses at the shopping center entrance and expressed concern about increased accidents due to the proposed gas station. She shared a personal experience of vandalism and warned of increased safety risks.

Additional Concerns

Dimitra Kaftani [01:08:01] raised concerns about fire hazards posed by the gas station and questioned whether the soil could support the weight of tanks. She also asked for information on expected profits and whether the expansion was driven by economic necessity.

John Piccolo [01:12:36], representing the Lansdowne Merrick Neighborhood Association, supported the neighbors' concerns and emphasized that traffic on Shinaway is already under significant strain, especially during peak hours.

Appointments

The following individuals were appointed to the Nominating Committee:

• Carla Blanton
• Patrick Brewer
• Derek Paulson

Contested Items

Chinoe Village Shopping Center Gas Station Proposal

The Commission faced significant community opposition regarding approval of a gas station at the Chinoe Village Shopping Center. Residents raised multiple concerns about the proposed development, including potential traffic impacts, safety issues, lighting effects, and effects on property values in the area. Due to the strength of community opposition and the need to address these concerns, the Commission postponed its decision to allow for further study of the proposal and revisions to the plans.

Vote Recording Dispute

A procedural dispute emerged during the meeting regarding the accurate recording of an initial vote on disapproval. The Commission resolved this disagreement by conducting a re-vote on a motion to continue deliberations on the matter. The re-vote passed with a 7-4 result, allowing the Commission to proceed with further consideration of the contested items.

LOUDON PARK, BLOCK 17, LOT 11 & WESTERLY ½ OF 13

Plan 2011-128F

This agenda item was approved via consent agenda 6:42. Bill Sallee presented the matter, which involved the properties at Loudon Park, Block 17, Lot 11 and the westerly half of Lot 13.

The plan was approved with the following conditions:

• Stormwater approval
• Traffic approval
• Landscaping approval
• Tree protection approval

No discussion occurred during the meeting, as all parties agreed to the proposal and its conditions.

Outcome: Approved

SOUTH ELKHORN VILLAGE

Plan Identifier: PLAN 2011-129F

Outcome: Approved

The South Elkhorn Village plan was approved via consent agenda 6:42. Bill Sallee was the key speaker on this item.

The plan approval included conditions related to floodplain management, environmental review, and zoning requirements. No discussion occurred during the meeting, as all parties were in agreement with the proposal and its conditions.

NEWTOWN SPRINGS (TRILOGY LEXINGTON HEALTH CAMPUS #3)

Identifier: DP 2011-95

Outcome: Approved

The plan for Newtown Springs (Trilogy Lexington Health Campus #3) was approved via consent agenda 7:19. Bill Sallee presented the item.

The approval included conditions related to the following areas:

• Stormwater management
• Traffic
• Landscaping
• Fire access

No discussion occurred during the meeting, as all parties agreed with the proposal and its conditions.

TATES CREEK CENTER, LOT 1 (FORMERLY BELLEAU WOODS SHOPPING CENTRE) (AMD)

Agenda Item: DP 2011-101

The plan for Tates Creek Center, Lot 1 (formerly Belleau Woods Shopping Centre) was approved via consent agenda. 7:56

Approval Details

The approval included conditions related to: - Site statistics - Developer information - Exterior elevations

Outcome

The item was approved without discussion, as all parties agreed with the proposal and conditions.

INGLESIDE APTS. (AMD)

Project Identifier: DP 2011-102

Overview

The Ingleside Apartments amendment proposal was presented to the board for consideration. 7:56

Approval Process

The plan was approved via consent agenda. All parties agreed to the proposal, and no discussion occurred during the meeting.

Conditions

The approval included conditions related to:

• Parking compliance
• Zoning requirements
• Open space compliance

Outcome

The proposal was approved.

CHINOE VILLAGE SHOPPING CENTER (AMD)

Identifier: DP 2011-96

The Commission considered a development plan for Chinoe Village Shopping Center that had been referred to the full Commission due to several unresolved issues. 9:53

Key Issues

The plan presented outstanding concerns in four main areas:

• Canopy height
• Lighting
• Traffic
• Screening

Discussion and Presentation

Key speakers during the discussion included Chris Taylor, Bob Cornett, and Todd Metzmeier. The Commission heard staff presentation and public comment regarding the proposed amendments to the shopping center plan.

Outcome

The Commission voted to postpone consideration of the plan until February 9, 2012. This postponement was intended to allow time for further study of the outstanding issues and for the applicant to prepare revisions addressing the Commission's concerns.

LIGGETT & COMPANY

Identifier: DP 2011-97

The Commission considered a development plan for Liggett & Company during this meeting. 5:03

Key Speakers

Jimmy Emmons and Bob Cornett participated in the discussion of this agenda item.

Issues and Concerns

Several unresolved questions prevented approval of the plan at this time, including:

• Phasing of the development
• Emergency access
• Stormwater management
• Proposed uses for the site

Outcome

The applicant requested postponement of the plan to allow additional time to address these outstanding issues. The Commission approved the postponement unanimously, with the plan rescheduled for consideration on January 12, 2012.

NEWMARKET PROPERTY, PHASE 1, UNIT 9

Identifier: DP 2011-98

The Commission discussed and approved the Newmarket Property, Phase 1, Unit 9 development plan 2:16:06.

Key Speakers

The discussion involved Chris Taylor, Tom Martin, and Dick Murphy.

Presentation and Approval

Staff confirmed that the proposed plan met expansion area requirements. The Commission approved the plan unanimously, subject to conditions addressing three specific areas:

• Street cross-section requirements
• Tree canopy provisions
• EAMP (Environmental Assessment and Mitigation Plan) compliance

Outcome

The development plan was approved with the noted conditions in place.

ANGLIANA AVENUE AND A.G. MCGREGOR SUBDIVISION (AMD)

Project Identifier: DP 2011-103

Overview

The Commission reviewed and discussed the Angliana Avenue and A.G. McGregor Subdivision amendment proposal. 2:27:06

Key Speakers

• Chris Taylor
• Charlie Schneider

Discussion and Outcome

Staff confirmed that the revised plan addressed previously identified concerns. The proposal included conditions related to:

• Building dimensions
• Note corrections on the plan
• Tree protection measures
• Technical review requirements

The Commission found that the revised submission resolved prior issues raised during the review process. Following discussion, the Commission voted to approve the plan unanimously.

Result: Approved with conditions

Annual Report from Purchase of Development Rights Program

Billy Van Pelt presented the annual report on the Purchase of Development Rights Program 2:36:00. The presentation focused on progress toward the program's 50,000-acre conservation goal.

Program Progress

The program has acquired 52.33% of its target acreage, demonstrating substantial advancement toward the conservation objective. This progress has been supported by strong funding from both federal and state sources.

Funding and Support

Van Pelt highlighted the significant role of federal and state funding in enabling the program's achievements. These funding sources have been critical to the program's ability to acquire development rights at the targeted scale.

Application Ranking System

The presentation included an explanation of the point system used to rank applications for the program. This system provides the framework for prioritizing which properties are selected for development rights acquisition.

Outcome

This agenda item was informational in nature, with no formal action or decision required from the body.

Annual Report for the Courthouse Area Design Review Board

Billy Van Pelt presented the annual report for the Courthouse Area Design Review Board 2:46:40. The presentation was informational in nature and highlighted the board's accomplishments and ongoing work in the Courthouse Area.

Key Accomplishments

The board has approved 45 projects over a 10-year period. The report showcased completed projects and design improvements that have been implemented in the Courthouse Area, with a particular emphasis on enhancing streetscapes and increasing pedestrian activity in the district.

Outcome

The presentation concluded as an informational item with no formal action required.