Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on February 9, 2012, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mr. Chairman presided over the meeting, which included nine agenda items, eight motions and votes, and two public comments.

The Commission approved six items during the meeting: Liggett & Company, Angliana Avenue – Trinitas Housing Project, Glenn Creek (Dove Creek) (AMD), Tuscany Unit 1-B Section 1 Lots 62 & 63, L.C. Berry & Bella Vista Subdivisions (Panda Express), and Beaumont Farm Unit 1 Section 5 Lot 8. Three items were postponed: Baptist Healthcare System (Central Baptist Hospital) (AMD), Chinoe Village Shopping Center (AMD), and Lochmere Estates (Maple Ridge) (AMD).

Attendance

The following individuals were present at the meeting on February 9, 2012:

• Derek Paulsen
• Eunice Beatty
• Mike Owens
• Will Berkley
• Marie Copeland
• Mark McIntosh
• Bob Cornett
• Rory Cayley
• Bill Sallee
• Tom Martin
• Cheryl Gallt
• Chris Taylor
• Jimmy Emmons
• Dave Jarman
• Denice Bullock
• Captain Charles Bowen
• Jim Black
• Tony Barrett
• Nick Nicholson
• Ms. Cooper
• Ms. Drummond
• Ms. Rowland
• Mr. Ellis
• Ms. Cook
• Ms. Philips
• Mr. Romans
• Rochelle
• Ms. Blaine
• Mr. Wilson
• Ms. Blanton
• Ms. P.
• Ms. Covey
• Derek
• Ms. Wilson

No absences or late arrivals were recorded.

Votes and Decisions

DP 2011-97 Liggett & Company - First Motion 1:31:27 Ms. Beatty moved for approval of DP 2011-97 Liggett & Company with 13 conditions from the pink sheet, adding conditions 14 and 15, and excluding outdoor live entertainment. This motion failed on a roll call vote.

DP 2011-97 Liggett & Company - Second Motion 1:33:35 Ms. Phillips moved for approval of DP 2011-97 Liggett & Company with 15 conditions and no outdoor live entertainment. Ms. Blanton seconded the motion. This motion failed on a roll call vote.

DP 2011-97 Liggett & Company - Third Motion 1:39:38 Mr. Ellis moved for approval of DP 2011-97 Liggett & Company with 13 conditions from the pink sheet, adding conditions 14 and 15, and with no paved drive aisle. Mr. Wilson seconded the motion. This motion passed on a roll call vote.

DP 2012-6 Angliana Avenue Trinitas Housing Project 1:53:09 Ms. Blaine moved for approval of DP 2012-6 Angliana Avenue Trinitas Housing Project with 12 conditions including rezone to R5, waiver for access point spacing, and four-way stop timing. Mr. Berkley seconded the motion. This motion passed on a roll call vote.

DP 2012-6 Angliana Avenue Access Point Spacing Waiver 1:53:41 Ms. Blaine moved for approval of a waiver for DP 2012-6 Angliana Avenue for access point spacing with one condition that secondary entrances be exit-only. Ms. Berkley seconded the motion. This motion passed on a roll call vote.

DP 2012-8 Glenn Creek (Dove Creek) 2:11:04 Ms. Beatty moved for approval of DP 2012-8 Glenn Creek (Dove Creek) with 14 conditions including floodplain setback, tree preservation, and right-of-way dedication. Mr. Owens seconded the motion. This motion passed on a roll call vote.

DP 2012-8 Glenn Creek (Dove Creek) Waiver 2:12:05 Ms. Beatty moved for approval of a waiver for DP 2012-8 Glenn Creek (Dove Creek) with staff recommendations A, B, C, and D, including dedication of right-of-way, bollards on emergency access, pedestrian connection, and revised cross sections. Mr. Owens seconded the motion. This motion passed on a roll call vote.

Release and Call of Bonds 2:13:05 The Chair moved for acceptance of release and call of bonds dated February 9, 2012. Ms. Plain seconded the motion. This motion passed on a roll call vote.

Public Comment

Two speakers addressed the meeting during the public comment period.

Ms. Covey 2:13:49 spoke about an International Traveler Magazine feature highlighting Lexington as a top destination for families. She cited several local attractions that were featured, including the Arboretum, Horse Park, Keeneland, Explorium, and Wallace Station.

Ms. Wilson 2:14:24 offered remarks congratulating Derek Paulsen on his new appointment. She expressed confidence in the selection and indicated she looked forward to his service in the role.

Appointments

Derek Paulsen was appointed to the Urban County Planning Commission.

Contested Items

The February 9, 2012 meeting included three significant areas of disagreement among commissioners.

Live Entertainment Restrictions

Commissioners were divided on how to regulate live entertainment at the facility. The dispute centered on whether to restrict live entertainment to the first pod only or to prohibit outdoor live entertainment entirely. Concerns about noise levels and potential impact on nearby residents drove the discussion, though commissioners disagreed on the appropriate level of restriction needed to address these concerns.

Emergency Access and Future Development

A heated discussion emerged regarding requirements for permanent access to South Forbes Road to accommodate future development. Commissioners debated whether such access should be mandated, with significant concerns raised about the safety and feasibility of this requirement, particularly if the applicant was unable to acquire adjacent properties necessary to establish the access route. This disagreement reflected broader questions about balancing future development potential against practical constraints.

Paved Drive Aisle Requirement

Commissioners split on whether to require paving of the gravel drive aisle surrounding the building. Those supporting the paving requirement cited safety and usability concerns, while others argued that paving would negatively impact stormwater management systems. This technical disagreement highlighted competing priorities between operational functionality and environmental considerations.

Liggett & Company

Agenda Item: DP 2011-97

The Planning Commission discussed the adaptive reuse of a former tobacco warehouse located at 1211 Manchester Street. 1:11:30

Key Issues Discussed

The Commission addressed several significant concerns related to the proposed development:

• Phasing of development – The timeline and sequencing of the project's construction phases
• Stormwater management – Drainage and water management systems for the site
• Live entertainment restrictions – Limitations on where live entertainment could occur within the facility
• Emergency access – Ensuring adequate emergency vehicle access to Liggett Street
• Paved drive aisle – The need for a properly paved drive aisle on the property

Key Speakers

The discussion involved Jimmy Emmons, Jim Black, and Captain Charles Bowen.

Staff Recommendation and Conditions

Staff recommended approval of the project with revised conditions, including:

• Limiting live entertainment to the first pod of the warehouse
• Requiring maintenance of the existing gravel drive aisle

Outcome

The Planning Commission approved the adaptive reuse project for the former tobacco warehouse at 1211 Manchester Street.

Angliana Avenue – Trinitas Housing Project

1:43:09

The Commission reviewed a proposal for a 278-unit apartment complex on Angliana Avenue, identified as DP 2012-6.

Proposal Details

The development plan required two approvals: a zoning change to R5 and a waiver for access point spacing on a collector street.

Staff Recommendation

Staff recommended approval of both the development plan and the waiver. The recommendation cited traffic safety and pedestrian access benefits as justifications for the proposed changes.

Key Participants

Chris Taylor and Nick Nicholson were the primary speakers on this agenda item.

Outcome

The Commission approved both the development plan and the waiver with conditions.

Glenn Creek (Dove Creek) (AMD)

Agenda Item: DP 2012-8

Type: Discussion

Transcript Location: 1:55:05

The Commission considered a senior housing development proposal for a property known as Glenn Creek (Dove Creek). The project involved a property with existing floodplain and access constraints that required staff review and Commission consideration.

Key Issues

The applicant requested a waiver for street improvements on Jones Trail, which is a remnant rural street. The property's floodplain and existing access limitations were central to the discussion and review process.

Staff Recommendation

Staff recommended approval of both the waiver and the development plan, subject to conditions designed to address environmental and site planning concerns. The recommended conditions included:

• Tree protection measures
• Floodplain setbacks
• Pedestrian access improvements

Key Speakers

Chris Taylor and Tony Barrett participated in the discussion of this agenda item.

Outcome

The Commission approved both the waiver for street improvements on Jones Trail and the development plan with the recommended conditions.

Tuscany, Unit 1-B, Sec. 1, Lots 62 & 63

The Commission approved a final subdivision plan for Tuscany, Unit 1-B, Sec. 1, Lots 62 & 63 (Plan 2012-2F) as a consent agenda item 8:45.

The plan was presented without discussion. The Subdivision Committee had previously recommended the plan for conditional approval, and the Commission voted to approve it based on that recommendation.

Outcome: Approved

L.C. Berry & Bella Vista Subdivisions (Panda Express)

Agenda Item: DP 2012-3

The Commission considered a development plan for the L.C. Berry & Bella Vista Subdivisions Panda Express site. 8:45

Presentation and Action

Bill Sallee presented this item, which appeared on the consent agenda. The development plan had been recommended for approval by the Subdivision Committee prior to the Commission meeting.

No discussion took place during the meeting. The Commission approved the development plan without further deliberation, as it was presented as a consent agenda item with the Subdivision Committee's recommendation for approval already in place.

Outcome

The development plan was approved.

Beaumont Farm, Unit 1, Sec. 5, Lot 8

Development Plan DP 2012-5

The Commission approved a development plan for Beaumont Farm, Unit 1, Sec. 5, Lot 8 as a consent agenda item 8:45. Bill Sallee presented the item.

The development plan was recommended for approval by the Subdivision Committee and was approved by the Commission without discussion.

Outcome: Approved

Baptist Healthcare System (Central Baptist Hospital) (AMD)

Identifier: DP 2012-4

Action Taken: Postponed

The Commission postponed consideration of DP 2012-4, the Baptist Healthcare System (Central Baptist Hospital) amendment, to the February 23, 2012 meeting. 4:35

The postponement was requested by the applicant, who required additional time to prepare traffic and engineering data necessary for the Commission's review of the proposal.

Chinoe Village Shopping Center (AMD)

Case Number: DP 2011-96

Status: Continued

The Commission continued consideration of the Chinoe Village Shopping Center amendment to the March 8, 2012 meeting. 5:38

Reason for Postponement

The applicant requested additional time to finalize traffic studies and other supporting information required for the project review.

Outcome

The item was postponed to allow the applicant to complete the necessary documentation before the Commission reconvenes to consider the proposal.

Lochmere Estates (Maple Ridge) (AMD)

Item: DP 2012-1

Outcome: Postponed to March 8, 2012

The Commission considered DP 2012-1, a development proposal for Lochmere Estates in Maple Ridge, during this meeting 7:43.

Rory Cayley presented on this agenda item. The Commission identified concerns regarding open space compliance and other technical issues with the proposal that required further review and resolution before proceeding with approval.

Due to these outstanding matters, the Commission voted to postpone consideration of DP 2012-1 to allow time for the applicant to address the identified concerns and provide additional information at the next scheduled meeting on March 8, 2012.