Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on July 12, 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 addressed 15 agenda items including subdivision approvals, property amendments, and zoning ordinance modifications. The Commission took 19 motions and votes during the session and heard 4 public comments.

Of the 15 agenda items considered, 12 were approved, including The Fairways at Andover (Forker Property), multiple units of the Marshall Property, the George Carey Property (The Enclave at Tates Creek), Patchen-Wilkes Unit 1-D, the Sharkey Property Unit 4, and Brock McVeigh & Barry Dotson Property Unit 2A, Lot 7. The Commission also approved the Pearson & Trapp Company/Dawahares Association proposal for Gardenside Shopping Center, Park Hills Subdivision Unit 6 Block A Lot 1, Cove Lake Unit 2, Jericho Property Track B Amendment No. 11, Richmond Estates Consolidation Plat Revocation, and a Zoning Ordinance Text Amendment concerning Adult Daycare Centers. Two items were postponed: Masterston Hills & Masterston Station Unit 10 and Santa Barbara Land Company Lots 3 & 4 (Kinemetrix).

Attendance

Present: Mike Owens, Mike Cravens, Frank Penn, Will Berkley, Lynn Roche-Phillips, Patrick Brewer, Eunice Beatty, Karen Mundy, Carolyn Plumlee, Chris King, Bill Sallee, Tom Martin, Cheryl Gallt, Chris Taylor, Dave Jarman, Denice Bullock, Chuck Saylor, Jeff Neal, Captain Charles Bowen, Tim Queary, Billy Van Pelt, Rochelle Boland, and Tracy Jones.

Absent: Carla Blanton and William Wilson.

Late: Lynn Roche-Phillips and Patrick Brewer.

Votes and Decisions

The meeting included 19 votes, all of which passed by voice vote with no dissenting votes or abstentions.

Minutes and Postponements

The minutes from May 24, 2012 were approved 10:35. Two items were postponed to August 9, 2012: Plan 2003-209P 12:15 and BOAR 2012-1 13:50.

Consent Agenda and Development Plans

The Consent Agenda items were approved 18:29.

Plan 2012-61P: The Fairways at Andover was approved with conditions including Urban County Council rezoning to R-3, acceptance of drainage and sewers by the Urban County Engineer, and approvals from the Traffic Engineer, Building Inspection, Addressing Office, Urban Forester, and Bike & Pedestrian Planner 24:43.

Plan 2012-59F: Marshall Property, Unit 2K was approved with standard conditions regarding drainage, traffic, landscaping, and other municipal approvals 32:57.

DP 2012-51: Marshall Property, Unit 2 was approved with conditions including revisions to notes and waivers regarding access easements 33:30.

Plan 2012-60F: George Carey Property was approved with conditions addressing drainage, traffic, landscaping, and lot irregularities 39:47.

Plan 2012-73F: Patchen-Wilkes, Unit 1-D was approved with conditions including Technical Committee review and discussion of buildable area on Lot 4 44:34.

Plan 2007-177F: Sharkey Property, Unit 4 was approved with conditions regarding drainage, traffic, landscaping, and compliance with approved development plans 48:11.

DP 2012-44: Brock McVeigh & Barry Dotson Property was approved with conditions addressing building setbacks, loading spaces, and stormwater basin location 53:15.

DP 2012-45: Pearson & Trapp Company/Dawahares Assoc. was approved with conditions including graphic scale, developer information, and tent use details 56:40.

DP 2012-46: Santa Barbara Land Company, Lots 3 & 4 was postponed 57:53.

DP 2012-50: Park Hills Subdivision, Unit 6, Block A, Lot 1 was approved with conditions addressing tree canopy coverage and garage access 1:32:02.

DP 2012-58: Cove Lake Unit 2 was approved with conditions regarding floodplain setbacks and sidewalk clarification 1:41:01.

DP 2004-46: Jericho Property, Track B, Amendment No. 11 was approved with conditions 1:50:31.

Plan 2003-232C: Richmond Estates revocation was approved with conditions requiring federal government approval and executed affidavit 2:24:43.

ZOTA 2012-10: Adult daycare center zoning amendment was approved with conditions establishing conditional use provisions and notification requirements 3:11:05.

Officers were elected 3:23:59.

Budget and Financial Actions

The meeting addressed the following financial action:

• Release and Call of Bonds — An amendment was considered via Memorandum dated July 12, 2012. This item pertained to the release and call of bonds, though specific dollar amounts and additional details were not specified in the meeting materials.

Public Comment

Four members of the public addressed the council regarding adult daycare center regulations and notification procedures.

School Notification Requests

Linda Carroll opened public comment 2:41:26 requesting that schools be included in conditional use notifications for adult daycare centers, particularly those facilities proposed within 500 feet of school properties. She cited a specific concern about a facility on Martin Luther King Boulevard for which schools had not received prior notice.

Dawn Cluse 2:44:56 seconded Carroll's request, urging the inclusion of schools in the conditional use notification process to ensure community involvement in decisions about nearby facilities.

Jean Miller 2:45:34 also supported notification to schools, speaking from her role at St. Peter and Paul School and emphasizing the importance of schools being informed when adult daycare centers are proposed in their vicinity.

Support for Staff Alternative Text

Rick Christman 2:43:48 expressed support for the staff's revised alternative text regarding adult daycare center regulations. He emphasized the need for adult daycare centers to be designated as a principal use in certain zones to ensure accessibility and prevent over-restriction of these facilities.

Contested Items

The meeting included three items that generated significant disagreement among participants.

Approval of DP 2012-46: Santa Barbara Land Company

This item sparked heated discussion centered on a development plan's encroachment into the right-of-way for Old Frankfort Pike. Participants debated multiple concerns, including whether the state would approve the encroachment, how maintenance responsibilities would be handled, and whether approving the plan would set a problematic precedent for future projects. The intensity of the debate led to a decision to postpone the plan, allowing the applicant time to make revisions before resubmission.

Revocation of Plan 2003-232C: Richmond Estates

A procedural dispute emerged over a proposal to revoke a consolidation plat in order to restore a farm to its original size. The core disagreement centered on whether this action would establish a concerning precedent. Specific concerns included the implications for nonconforming lots and how the revocation would interact with existing conservation easements on the property.

ZOTA 2012-10: Adult Daycare Center Zoning

This zoning text amendment produced a split vote among decision-makers. The division reflected disagreement over how to regulate adult daycare centers in the zoning code. One position favored making adult daycare centers a conditional use across all zones, while another supported allowing them as a principal use in certain designated areas. Additional concerns raised during discussion included the need for school notification procedures and worries that overly restrictive regulations could limit the availability of these facilities.

Masterston Hills & Masterston Station, Unit 10

Identifier: 2003-209P

The council discussed the Masterston Hills & Masterston Station, Unit 10 development plan 11:42. Rory Kahly was the key speaker on this agenda item.

Outcome

The plan was postponed to August 9, 2012. The postponement was requested to allow additional time to address outstanding compliance issues and concerns that had been raised during the discussion.

Key Concerns

The primary concern raised during the discussion involved cemetery protection measures. The applicant and council needed additional time to resolve how the development would adequately protect the cemetery and ensure compliance with relevant regulations.

The Fairways at Andover (Forker Property)

Agenda Item 2012-61P

The Fairways at Andover project involving the Forker Property was discussed and approved with conditions 19:40.

Key Speakers

Chris Taylor and Bruce Simpson were the primary speakers on this agenda item.

Approval and Conditions

The project received approval subject to several conditions:

• Rezoning to R-3 designation
• Implementation of stormwater management measures
• Removal of a golf course access easement

Easement Removal

Staff confirmed that the golf course access easement would be removed as part of the project requirements.

Outcome

The proposal was approved.

Marshall Property, Unit 2K (AMD)

Agenda Item: 2012-59F

Type: Discussion

Outcome: Approved with conditions

This agenda item concerning the Marshall Property, Unit 2K (AMD) was discussed at approximately 25 minutes and 44 seconds into the meeting. 25:44

The item was presented by Tom Martin and Rory Kahly. Following discussion, the proposal was approved subject to specific conditions:

• A waiver was granted for access easement timing
• Specific lots must be identified with dashed lines on the submitted materials

The approval with these conditions represents the final action taken on this matter during the meeting.

Marshall Property, Unit 2 (AMD)

Item 2012-51

This agenda item involved discussion and approval of the Marshall Property, Unit 2 (AMD) 25:44.

Key Participants

Tom Martin and Rory Kahly were the primary speakers on this matter.

Outcome

The proposal was approved with conditions. The approval included a waiver for an access easement and required clarification of building lines and access easements as part of the conditions of approval.

George Carey Property (The Enclave at Tates Creek)

34:05

This agenda item addressed the George Carey Property development, known as The Enclave at Tates Creek. Kevin Phillips presented the matter to the board.

The project was approved with conditions. The approval required resolution of two specific issues:

• The irregular shape of Lot 5A needed to be addressed
• Street tree information must be added to the project plans

The discussion resulted in conditional approval of the development, contingent upon these modifications being completed and incorporated into the final plans.

Patchen-Wilkes, Unit 1-D (AMD)

Identifier: 2012-73F

Type: Discussion

Key Speakers: Tom Martin, Rory Kahly

Timestamp: [0:40:20]

This agenda item addressed the Patchen-Wilkes, Unit 1-D project. The discussion resulted in approval of the proposal, contingent upon specific conditions being met.

Approval Conditions:

The approval was granted with the following requirements:

• Technical committee review must be completed
• Clarification of buildable area following zoning correction

Outcome: Approved

Sharkey Property, Unit 4

Discussion and Outcome

The board discussed and approved the Sharkey Property, Unit 4 agenda item 45:10. Key speakers in this discussion included Tom Martin and Rory Kahly.

Approval with Conditions

The item was approved with specific conditions that must be satisfied:

• Federal approval of a conservation easement revision
• Completion of an affidavit

These conditions were established as requirements for the approval to move forward.

Brock McVeigh & Barry Dotson Property, Unit 2A, Lot 7

Agenda Item 2012-44

This agenda item addressed the Brock McVeigh & Barry Dotson Property, Unit 2A, Lot 7. 48:43

Key Speakers

The discussion involved Chris Taylor and Tom Lambden.

Outcome

The property was approved with conditions. The approval required resolution of two specific issues:

• Stormwater basin location
• Paving concerns

The conditions must be addressed before the project can proceed to the next phase.

Pearson & Trapp Company/Dawahares Assoc. (Gardenside Shopping Center)

Agenda Item 2012-45

This agenda item addressed a proposal from Pearson & Trapp Company and Dawahares Associates regarding the Gardenside Shopping Center. 53:45

Key Speakers

The discussion involved Cheryl Gallt and Joe Dahl.

Outcome

The proposal was approved with conditions. The approval required the addition of tent information and verification of parking provided for the project.

Santa Barbara Land Company, Lots 3 & 4 (Kinemetrix)

Agenda Item 2012-46

This agenda item was postponed due to unresolved issues 57:53.

Key Speakers - Tom Martin - Mark Abbott

Issues Identified

The discussion centered on two primary concerns preventing approval:

• Old Frankfort Pike Landscape Ordinance conflict: The proposal conflicts with existing landscape ordinance requirements for Old Frankfort Pike.
• Right-of-way encroachment: The project includes encroachment into the right-of-way.
• Lack of written state approval: Required written approval from the state has not been obtained.

Outcome

The agenda item was postponed pending resolution of these outstanding issues.

Park Hills Subdivision, Unit 6, Block A, Lot 1 (AMD)

Discussion and Presentation

Rory Kahly presented this agenda item to the board 1:28:38. The discussion focused on an amendment to the Park Hills Subdivision, Unit 6, Block A, Lot 1 project.

Key Issues and Conditions

The board identified two primary concerns that required resolution:

• Tree canopy coverage – The applicant was required to address tree canopy coverage issues on the property
• Garage access – Concerns were raised regarding garage access that needed to be resolved

Outcome

The board approved the amendment with conditions. Approval was contingent upon the applicant resolving both the tree canopy coverage and garage access issues as identified during the discussion.

Cove Lake Unit 2 (AMD)

Agenda Item 2012-58

This agenda item involved a discussion and approval of Cove Lake Unit 2 (AMD). Key speakers included Tom Martin and Kevin Warner. 1:32:33

Outcome

The item was approved with conditions. The approval required clarification of the 100-year floodplain and documentation of a nonconforming garage.

Jericho Property, Track B, Amendment No. 11

Agenda Item 2004-46

Tom Martin presented on the Jericho Property, Track B, Amendment No. 11 1:48:21.

The amendment was approved with conditions. The approval required updated stormwater and traffic plans to be submitted as part of the project requirements.

Outcome: Approved

Richmond Estates (Consolidation Plat Revocation)

Agenda Item: 2003-232C

Type: Discussion

Outcome: Approved with conditions

The Richmond Estates consolidation plat revocation was discussed at approximately 1 hour 51 minutes into the meeting 1:51:01.

Key Speakers: - Bill Sallee - Dick Murphy

Action Taken:

The item was approved subject to the following conditions: - Federal approval of the conservation easement revision - Completion of an affidavit

Zoning Ordinance Text Amendment: Adult Daycare Center

Identifier: ZOTA 2012-10

The meeting included discussion of a zoning ordinance text amendment regarding adult daycare centers. Key speakers on this item included Bill Sallee, Linda Carroll, Rick Christman, Dawn Cluse, and Jean Miller.

The amendment was presented for consideration and discussion by the body. The proposal addressed how adult daycare centers would be regulated under the zoning ordinance, including where such facilities could be located and under what conditions.

Outcome

The amendment was approved with revisions to the staff-recommended text. The approved version includes the following provisions:

• Conditional use designation in all zones
• Requirement for notification of schools located within 500 feet of a proposed adult daycare center

The revised staff alternative text was adopted as the basis for the final approval, incorporating these modifications to the original proposal.

2:26:48