Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on March 8, 2012, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included consideration of eight agenda items related to various development projects and amendments in the Urban County area.

During the meeting, the Commission took four motions and votes on the proposed projects. The Commission heard 11 public comments from members of the community regarding the agenda items under consideration. The meeting addressed a range of development proposals, including shopping centers, apartment developments, office parks, and health care facilities, with outcomes varying across the items reviewed.

Attendance

Present: Mike Owens, Mike Cravens, Frank Penn, Carla Blanton, William Wilson, Will Berkley, Marie Copeland, Lynn Roche-Phillips, Chris King, Bill Sallee, Tom Martin, Cheryl Gallt, Jimmy Emmons, Dave Jarman, Denice Bullock, Dr. Derek Paulsen, Hillard Newman, Jeff Neal, Tim Queary, Captain Charles Bowen, Charles Martin, Greg Lubeck, Susan Plueger, and Jessica Gies.

Absent: Eunice Beatty and Patrick Brewer.

Late: None reported.

Votes and Decisions

Disapproval of DP 2011-96: Chinoe Village Shopping Center (AMD) 2:09:51

Motion by Mr. Cravens, seconded by Mr. Penn. This motion failed with a roll call vote of 5 ayes, 3 nays, and 1 abstention. Voting in favor were Mike Cravens, Carla Blanton, William Wilson, Lynn Roche-Phillips, and Mike Owens. Voting against were Frank Penn, Marie Copeland, and Will Berkley. The motion cited health reasons, traffic reasons, and concerns about insufficient space as conditions for disapproval.

Approval of DP 2012-11: Lexington Mall (AMD. #13) (Southland Christian Church) 3:49:46

Motion by Ms. Blanton, seconded by Ms. Phillips. This motion passed unanimously with a roll call vote of 8 ayes, 0 nays, and 0 abstentions. All members voted in favor: Mike Owens, Mike Cravens, Frank Penn, Carla Blanton, William Wilson, Will Berkley, Marie Copeland, and Lynn Roche-Phillips. Approval was conditioned on eleven requirements including acceptance by the Urban County Engineer of drainage and sewers, approval by the Traffic Engineer of street cross-sections and access, Building Inspection approval of landscaping, and various other departmental approvals including fire, waste management, and bike and pedestrian facilities.

Approval of DP 2011-62: Riddell Plaza, Lots 1 & 4 4:10:35

Motion by Mr. Cravens, seconded by Mr. Penn. This motion passed with a roll call vote of 8 ayes, 0 nays, and 1 abstention. Voting in favor were Mike Owens, Mike Cravens, Frank Penn, Carla Blanton, William Wilson, Marie Copeland, Lynn Roche-Phillips, and Will Berkley. Approval was conditioned on nineteen requirements including engineering and traffic approvals, Planning Commission approval of an amended Final Record Plat, Board of Adjustment variance grants, and Technical Committee review prior to plan certification.

Approval of Release and Call of Bonds Dated March 8, 2012 3:51:03

Motion by Mr. Emmons, seconded by Mr. Cravens. This motion passed unanimously with a roll call vote of 8 ayes, 0 nays, and 0 abstentions. All members voted in favor.

Public Comment

Eleven speakers addressed the Commission with concerns about the proposed gas station project.

Health and Safety Concerns

Antonio Posa, a 12-year resident of 3512 Creekwood Drive, raised health and zoning violations [0:55:47]. He stated that 20 homes are located within 150 feet of the gas pumps, violating zoning regulations requiring 60 feet between pumps and residences, and creating significant health risks from benzene exposure.

Jenny Wilson, residing at 1065 Shinaway, presented research on benzene as a known human carcinogen linked to leukemia [1:03:31]. She expressed concern that living near a gas station would increase her family's exposure and health risks.

Traffic and Congestion

Bill Wilson, also at 1065 Shinaway, cited traffic, health, and nuisance problems from the project's proximity to homes and requested the Commission deny the plan [0:59:39].

Jim Fields, at 1029 Shinaway, presented photos of full parking lots at the nearby Kroger during peak hours [1:17:18], arguing that adding a gas station would worsen congestion and endanger pedestrians and cyclists.

Clarissa Spahn, at 1909 Bella Ponte Drive, noted the gas station would increase traffic and infrastructure burden, particularly for cyclists [1:23:15].

Other Concerns

Lana Thomas, at 163 Shinaway, questioned the necessity of another gas station, noting five stations already exist within two miles [1:10:41].

Bruce Thomas, at 1063 Shinaway, identified gas stations as high-crime locations and criticized the lighting plan as ineffective [1:12:20].

Linda Faulkner, at 1031 Chinoaay, argued the gas station would harm neighborhood character [1:27:00].

Mike Stratton, at 3349 Pepper Hill Road, stated that a gas station in a residential neighborhood is inappropriate [1:30:10].

Bill Farmer, Councilmember for District 5, argued the Planning Commission should serve residents rather than corporate interests [1:33:25].

Jim Capley, President of the Idler Neighborhood Association, presented flooding photos and expressed concern that filling the pond could worsen neighborhood flooding [3:14:52].

Contested Items

The March 8, 2012 meeting included three significant items that generated substantial debate and division among commissioners and community members.

Chinoe Village Shopping Center Gas Station

The proposed gas station at Chinoe Village Shopping Center faced community opposition centered on health and safety concerns. Neighbors presented extensive testimony regarding health risks from benzene exposure, traffic impacts, and the station's proximity to residential areas. The disagreement resulted in a split vote, with the plan ultimately disapproved.

Lexington Mall Development Plan Amendment

An amendment to the Lexington Mall development plan prompted heated discussion among commissioners and neighbors. Community members raised concerns about stormwater management and potential flooding issues. The Commission debated whether the proposed changes would alter the essential character of the original development. The close vote reflected the divided opinion on the amendment's merits.

Riddell Plaza Development Change

A proposal to change the Riddell Plaza development from apartments to townhouses generated significant discussion during the approval process. The Commission approved the plan, but only with multiple variances granted. The deliberation centered on three key issues: open space allocation, parking provisions, and setback requirements. Despite the variances needed, the Commission ultimately supported the modified development approach.

Chinoe Village Shopping Center (AMD) (2/9/12)*

The Planning Commission considered a continuation of the development plan (DP 2011-96) for adding a gas station at Chinoe Village Shopping Center. 2:09:51

Applicant Presentation

The applicant presented revised plans that included modifications to address previous concerns. The revisions featured a lowered canopy, LED lighting, and improved landscaping.

Opposition and Concerns

Neighbors and residents raised several objections to the proposed gas station:

• Health risks associated with benzene exposure
• Traffic concerns related to the gas station location
• Proximity of the facility to residential homes

Multiple speakers, including Tom Martin, Rena Wiseman, Diane Zimmerman, Bob Cornett, Antonio Posa, Bill Wilson, Jenny Wilson, Bruce Thomas, Jim Fields, Clarissa Spahn, Linda Faulkner, Mike Stratton, and Bill Farmer, participated in the discussion.

Outcome

The Planning Commission voted to deny the development plan amendment.

Lexington Mall (AMD. #13) (Southland Christian Church) (4/28/12)*

The Planning Commission considered an amendment to reconfigure the front of the Lexington Mall, which involved filling in a pond and adding two outlots to the development. 3:49:46

Staff Recommendation and Concerns

Staff recommended postponement of the amendment, citing concerns that the proposed changes would alter the essential character of the original Lexington Mall development.

Public Input

Neighbors raised concerns about stormwater management and potential flooding issues related to the pond being filled in.

Key Speakers

The discussion included input from Tom Martin, Darby Turner, Morgan McIlwain, and Jim Capley.

Outcome

The Planning Commission approved the amendment with 11 conditions attached to the approval.

Riddell Plaza, Lots 1 & 4 (5/22/12)*

4:10:35

The Planning Commission considered a continued discussion regarding DP 2011-62, which involved a proposal to change a previously approved apartment building plan into a townhouse development at Riddell Plaza, Lots 1 & 4.

Key Participants

The discussion was led by Jimmy Emmons and Rory Kaley.

Proposal Details

The applicant sought variances for three elements of the development: - Open space - Parking - Setbacks

Outcome

The Commission approved the plan with 18 conditions and a finding on access easement. The approval allows the applicant to proceed with the townhouse development as modified through the variance requests and conditions imposed by the Commission.

Tattersalls Apartment Development (Hallmark Student Development) (4/2/12)*

12:05

The Planning Commission considered DP 2012-7, a proposal for the Tattersalls Apartment Development by Hallmark Student Development. Mr. Cravens and Mr. Penn were the key speakers on this agenda item.

The Commission did not proceed with a full discussion or decision on the merits of the development proposal at this meeting. Instead, at the request of staff, the Planning Commission voted to postpone consideration of DP 2012-7 to the April 12, 2012, meeting. The motion to postpone carried unanimously with a vote of 8-0.

Lochmere Estates (Maple Ridge) (AMD) (3/20/12)*

The Planning Commission considered DP 2012-1, concerning Lochmere Estates in Maple Ridge, as part of the consent agenda 15:20. Bill Sallee and Mr. Wilson were the key speakers on this item.

The item was approved without discussion. A motion was carried unanimously with a vote of 8-0, and the proposal was approved as part of the consent agenda.

Rogers & Clark Addition, Lots 21, 22, 23 & 24 (Lex. Hearing & Speech Center) (4/28/12)

The Planning Commission considered DP 2012-10, a development proposal for the Rogers & Clark Addition involving Lots 21, 22, 23, and 24 for the Lexington Hearing & Speech Center, as part of the consent agenda 15:20.

The item was approved without discussion. Bill Sallee and Mr. Wilson were identified as key speakers on this matter.

The proposal was approved by a motion that carried 8-0, with all Commission members voting in favor. No concerns or objections were raised during the consideration of this agenda item.

Fountain Plaza, Unit 2 (Eagle Creek Office Park) (Lots 15 & 17) (AMD. #2) (4/28/12)

Outcome

The Planning Commission approved DP 2012-12 as part of the consent agenda. The motion carried 8-0 with no discussion.

Process

This item was considered as part of the consent agenda, meaning it was grouped with other routine matters for expedited approval rather than individual consideration 15:20.

Newtown Springs (Trilogy Lexington Health Campus #3) (5/22/12)*

The Planning Commission considered DP 2011-95 regarding Newtown Springs as part of the consent agenda 15:20. Key speakers on this item included Bill Sallee and Mr. Wilson.

The item was approved without discussion as part of the consent agenda. A motion to approve carried unanimously with a vote of 8-0.