Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on June 14, 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 nine agenda items and resulted in 13 motions and votes. The Commission heard five public comments during the session.

The meeting covered a range of planning matters. The Commission approved the minutes from the previous meeting and took action on multiple subdivision and development plans, approving final subdivision plans and development plans. One preliminary subdivision plan (PLAN 2003-209P) was postponed for further consideration. The Commission also approved a staff item regarding Plan 2012-48C and a text amendment to ZODA 2012-7. Additionally, the Commission addressed nominating committee matters, which were approved. One item was noted as a postponement or withdrawal. The meeting concluded with standard procedural items including the call to order.

Attendance

Present: Mike Owens, Mike Cravens, Frank Penn, William Wilson, Marie Copeland, Patrick Brewer, Eunice Beatty, Carolyn Plumlee, and Carla Blanton.

Absent: Will Berkley and Lynn Roche-Phillips.

Late arrivals: None.

Votes and Decisions

All votes taken during the June 14, 2012 meeting passed unanimously with 9 ayes, 0 nays, and 0 abstentions.

Minutes Approval 2:00 The body approved minutes from the May 10, 2012 meeting. Motion by Mr. Brewer, seconded by Ms. Beatty.

Plan Postponements [timestamp: 0:03:38 and 0:04:12] Plan 2003-232C: Richmond Estates (Betsy Toy Hall Property) was postponed to July 12, 2012 (motion by Mr. Penn, seconded by Mr. Cravens). Plan 2003-209P: Masterson Hills & Masterson Station, Unit 10 was also postponed to July 12, 2012 (motion by Mr. Cravens, seconded by Ms. Beatty).

Consent Agenda 10:27 The Consent Agenda was approved with the exception of Plan 2012-53F: Lakeview Estates, Lot 2, Tract A, which was addressed separately. Motion by Mr. Brewer, seconded by Mr. Penn.

Plan 2012-53F: Lakeview Estates, Lot 2, Tract A 23:17 Approved with deletion of Condition 10. Motion by Mr. Brewer, seconded by Mr. Penn.

Plans 2008-138F, 2008-139F, and 2008-140F: Meadow Oaks, Units 1-A, 1-B, and 1-C 30:55 Reapproved with revised conditions. Motion by Mr. Brewer, seconded by Mr. Penn.

DP 2012-35: Hamburg Place Community, Phase IIA (AMD) 36:43 Approved with revised conditions. Motion by Ms. Beatty, seconded by Mr. Penn.

DP 2012-37: Newmarket Property, PH 1, Unit 2-E & Richardson Property (AMD) 1:40:20 Approved with revised conditions and EAMP compliance finding. Motion by Mr. Wilson, seconded by Mr. Penn.

DP 2012-39: Deerfield Shopping Center (Ollie's Trolley) (AMD) 2:19:15 Approved with revised conditions. Motion by Ms. Copeland, seconded by Mr. Penn.

Plan 2012-48C: Lexingtonian Estates (Consolidation Plat) 2:25:33 Approved. Motion by Ms. Blanton, seconded by Mr. Penn.

ZODA 2012-7: Conditional Use Notification Amendment 2:41:57 Approved staff alternative text amendment to increase notification for conditional use applications. Motion by Mr. Brewer, seconded by Mr. Penn.

Nominating Committee 2:44:15 Approved Mr. Penn, Mr. Cravens, and Mr. Wilson to serve on the nominating committee. Motion by Mr. Brewer, seconded by Ms. Plumlee.

Adjournment 2:45:24 The meeting was adjourned. Motion by Mr. Brewer, seconded by Ms. Plumlee.

Public Comment

Five speakers addressed the Commission regarding Development Plan 2012-37 for the Newmarket Property, with comments both opposing and supporting the proposal.

Opposition to the Plan

Elizabeth Booth expressed strong opposition to DP 2012-37 1:05:17, arguing that the plan violates CC zoning regulations, lacks proper pedestrian access, and creates safety risks due to multiple access points. She urged the Commission to deny the plan and require it to be redrawn to comply with EAMP guidelines.

David Booth provided detailed historical context 1:08:14, emphasizing that the proposed access has been a safety hazard for 17 years. He argued that the city has failed to build the promised Polo Club Boulevard and that approving this development would perpetuate a dangerous situation.

Support for the Plan

Donna Horn spoke in support of DP 2012-37 1:30:00, explaining that her therapy business serves individuals with brain injuries and that the property is a permitted use under CC zoning. She emphasized her commitment to being a good neighbor and complying with all conditions.

Clarifications and Staff Response

Jim Baldridge sought clarification on the proposal 1:04:43, confirming that the use is permitted under CC zoning and asking about the zoning change, which was confirmed to be not applicable.

Rochelle Boland provided staff rebuttal 1:27:15, emphasizing that the staff's recommendations were balanced and commensurate with the minimal changes proposed. She stated that requiring major improvements would be unreasonable given the scale of the project.

Appointments

The following individuals were appointed to the Nominating Committee:

• Mr. Penn
• Mr. Cravens
• Mr. Wilson

Contested Items

DP 2012-37: Newmarket Property

This development plan generated heated discussion during the meeting. Community members raised multiple concerns including safety issues, historical context related to the property, and questions about zoning compliance. Despite the contentious nature of the debate, the Commission ultimately approved the plan. The approval included a directive to evaluate future redevelopment of the property in light of existing infrastructure needs. [timestamp information not available in source data]

DP 2012-39: Deerfield Shopping Center

The Deerfield Shopping Center plan was approved unanimously, though the path to approval involved significant debate. The primary point of contention centered on the interpretation of B-1 zoning regulations and whether the sale of auto parts was permitted under that zoning classification. Rather than remaining deadlocked on this interpretation issue, staff and the applicant collaborated to resolve the disagreement. This collaborative approach allowed the Commission to move forward with unanimous approval of the plan. [timestamp information not available in source data]

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chambers at the Urban County Government Building. 0:00

Mike Owens presided over the opening of the meeting.

Approval of Minutes

The minutes from the May 10, 2012, meeting were presented for approval. 2:00

Mr. Brewer and Ms. Beatty participated in the discussion of this agenda item.

The minutes were approved unanimously.

Postponements or Withdrawals

3:38

Two development plans were postponed during this agenda item.

Plans Postponed: - Plan 2003-232C (Richmond Estates) - Plan 2003-209P (Masterson Hills & Masterson Station)

Speakers: The discussion involved Mr. Penn, Mr. Cravens, Mr. Murphy, and Mr. Kaley.

Outcome: Both postponement motions passed unanimously.

Preliminary Subdivision Plan: PLAN 2003-209P

4:12

The preliminary subdivision plan identified as PLAN 2003-209P was brought before the meeting as agenda item IV.1. Mr. Kaley was the key speaker on this matter.

The plan was postponed to July 12, 2012. The postponement was prompted by concerns regarding cemetery protection measures associated with the subdivision proposal. Beyond the motion to postpone, no further discussion of the plan took place during this meeting.

Final Subdivision Plans

The consent agenda for final subdivision plans was approved during this portion of the meeting, with one exception. Plan 2012-53F was removed from the consent agenda and set aside for separate discussion.

Mr. Sallee and Mr. Robbins were the key speakers on this agenda item. Several final subdivision plans were approved or reapproved with conditions as part of the consent agenda process.

The outcome of this agenda item was approval of the subdivision plans, with Plan 2012-53F requiring individual consideration rather than approval through the consent process.

9:19

Development Plans

The Commission discussed several development plans during this agenda item 2:04:44.

Projects Reviewed

Three development proposals were presented for consideration: - Hamburg Place Community - Newmarket Property - Deerfield Shopping Center

Key Participants

The discussion involved Mr. Taylor, Mr. Martin, and Mr. Murphy.

Conditions and Requirements

The Commission approved the development plans with conditions. Approval was contingent upon: - EAMP (Environmental Assessment and Management Plan) compliance - Infrastructure requirements

Outcome

All three development plans were approved by the Commission, subject to the specified conditions regarding environmental compliance and infrastructure standards.

Staff Item: Plan 2012-48C

Overview

The consolidation plat for Lexingtonian Estates was presented for approval. The primary purpose of the plat was to designate a remnant lot as a non-buildable lot for the homeowners association (HOA).

Key Participants

Mr. Martin and Mr. Kaley were the primary speakers on this agenda item.

Outcome

The consolidation plat for Lexingtonian Estates was approved.

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*Transcript reference: 2:20:31*

Text Amendment: ZODA 2012-7

2:27:13

The Commission discussed and approved a staff alternative text amendment regarding notification procedures for conditional use applications.

Key Speakers - Ms. Wade - Mr. King

Amendment Details

The approved amendment increases notification requirements for conditional use applications by: - Expanding the notice area to 500 feet - Requiring a sign to be posted on the subject property

Outcome

The Commission approved the text amendment.

Nominating Committee

The Commission proceeded with the election of members to serve on the nominating committee 2:43:12. Mr. King presented this agenda item.

The Commission elected three members to the nominating committee:

• Mr. Penn
• Mr. Cravens
• Mr. Wilson

These elected members will serve on the nominating committee to recommend officers for the next term.

The outcome of this agenda item was approved.