Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on September 13, 2012, at 1:34 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting. The Commission considered seven agenda items, took seven votes, and heard five public comments during the session.

All seven items on the agenda were approved. These included a consent agenda for preliminary subdivision plans; final subdivision plans for the New Market Property (Phase I, Unit 9) and the Blackford Property (Phase I, Unit 5-A); development plans for the Sebastian Property (Unit 2), General Telephone Company (Lot 5), and Watts Farm (Tract 4); and a zoning ordinance text amendment (ZOTA 2012-13) regarding the transfer of enforcement of sign ordinance regulations.

Attendance

Present: Mike Owens, Will Berkley, Lynn Roche-Phillips, Eunice Beatty, Karen Mundy, Carla Blanton, William Wilson, Chris King, Bill Sallee, Tom Martin, Chris Taylor, Cheryl Gallt, Dave Jarman, Traci Wade, Denice Bullock, Hillard Newman, Captain Charles Bowen, Jeff Neal, Tim Queary, and Tracy Jones.

Absent: Patrick Brewer, Carolyn Plumlee, Mike Cravens, and Frank Penn.

Late: Eunice Beatty.

Votes and Decisions

All motions passed by voice vote with no dissenting votes or abstentions.

Consent Agenda 16:50 The board approved a consent agenda of six preliminary subdivision plans, two final subdivision plans, and nine development plans. Motion by Will Berkley, seconded by Karen Mundy. All seven board members voted in favor: Mike Owens, Will Berkley, Lynn Roche-Phillips, Eunice Beatty, Karen Mundy, Carla Blanton, and William Wilson.

Plan 2012-90F: New Market Property, Phase I, Unit 9 32:45 The board approved the final subdivision plan with waivers for substantial completion, street tree, and tree canopy requirements. Motion by William Wilson, seconded by Carla Blanton. All seven board members voted in favor.

Plan 2012-91F: Blackford Property, Phase I, Unit 5-A 43:34 The board approved the final subdivision plan with 15 conditions including denoting buildable lots by zone, clarifying tree canopy requirements, depicting sinkhole-related non-buildable areas, limiting Phase 1, Unit 5 to no more than 92 buildable lots, adding a 20-foot easement for Kentucky Utilities, and adding sinkhole-related notes. Motion by Carla Blanton, seconded by Eunice Beatty. All seven board members voted in favor.

DP 2012-60: Sebastian Property, Unit 2 54:13 The board approved the development plan with 17 conditions including findings on access easements, waivers for substantial completion and street continuity, documentation of site triangle compliance, expansion of HOA notes for dumpster areas, and detailing of VUA screening. Motion by Carla Blanton, seconded by Eunice Beatty. All seven board members voted in favor.

DP 2012-72: General Telephone Company, Lot 5 1:00:47 The board approved the development plan amendment with conditions to add tree information and document landscaping compliance. Motion by Carla Blanton, seconded by Eunice Beatty. All seven board members voted in favor.

DP 2012-73: Watts Farm, Tract 4 1:05:46 The board approved the development plan amendment with conditions to revise floor area statistics and correct required open space percentages. Motion by Carla Blanton, seconded by Eunice Beatty. All seven board members voted in favor.

ZOTA 2012-13: Sign Ordinance Enforcement Transfer 1:09:02 The board approved a text amendment transferring enforcement of sign ordinance regulations from Building Inspection to the Division of Planning. Motion by Carla Blanton, seconded by Karen Mundy. All seven board members voted in favor.

Public Comment

Five speakers addressed the board with clarification questions regarding various aspects of the applications under review.

Lynn Roche-Phillips asked for clarification on why the Family Center application appeared twice on the agenda—once as a final record plat and once as a development plan. She was informed that these were separate applications for the same property. 15:43

Chris Taylor inquired whether sinkhole-related non-buildable areas constituted a single environmental feature crossing the road. He was told that the sinkholes were denoted as non-buildable areas for construction purposes but were not a single unified feature. 39:11

William Wilson asked how close the 20-foot utility easement would be to the tree protection area. He was assured that there was sufficient space within the 70-foot buffer to avoid conflict between the two. 40:15

Eunice Beatty sought clarification on the condition limiting Phase 1, Unit 5 to 92 buildable lots. She was informed that this limitation was intended to prevent exceeding the approved development plan density without requiring an amendment. 41:51

Rory Kaley asked whether required landscaping must be installed before the new parking lot is constructed. He was told that Building Inspection would verify compliance prior to certification. 59:05

Contested Items

Waiver of Substantial Completion Requirement

The commission addressed a request to waive the substantial completion requirement for New Market Property. Initially, staff recommended postponing the item due to concerns about the lack of a waiver review process. However, after further discussion, staff and the applicant confirmed that bonding was in place and clarified that the waiver was necessary to allow the school board to take title to the property. Following this confirmation, the commission approved the waiver despite the initial split on the recommendation.

Density Increase in Blackford Property

The proposed density increase for Blackford Property generated heated discussion among commission members. Commissioners raised concerns about the density levels being proposed for the development. Rather than rejecting the proposal outright, the commission imposed a conditional approval, requiring the applicant to limit Phase 1, Unit 5 to no more than 92 buildable lots. The condition specified that any increase beyond this limit would require the applicant to submit an amended development plan for further review and approval.

Consent Agenda: Preliminary Subdivision Plans

Six preliminary subdivision plans were approved by consent agenda during this meeting. The plans included the Sebastian Property (2003-9P), Hillenmeyer Property (2006-250P), Mahan Property (2007-31P), and four additional properties.

All six preliminary subdivision plans were recommended for reapproval with revised conditions by the Subdivision Committee. The key speakers on this item were Bill Sallee and Mike Owens.

The consent agenda item was approved. 10:33

Final Subdivision Plan: New Market Property, Phase I, Unit 9 (2012-90F)

Overview

This agenda item addressed the final subdivision plan for the New Market Property, Phase I, Unit 9, identified as case number 2012-90F. The plan pertained to a 15-acre school site intended for the Fayette County School Board.

Key Speakers

Tom Martin and Rory Kaley presented and discussed this item.

Presentation and Outcome

Staff recommended approval of the final subdivision plan with a bonding condition. The plan was approved with three waivers:

• Substantial completion
• Street trees
• Tree canopy

The approval allowed the Fayette County School Board to take title of the 15-acre school site.

Meeting Details

This discussion occurred at approximately 17 minutes and 27 seconds into the meeting 17:27.

Final Subdivision Plan: Blackford Property, Phase I, Unit 5-A (2012-91F)

The board discussed and approved the Final Subdivision Plan for the Blackford Property, Phase I, Unit 5-A (case number 2012-91F) 34:09.

Key Speakers and Presentation

Chris Taylor and Rory Kaley led the discussion on this agenda item.

Staff Recommendation Change

Staff initially recommended postponement of the plan but revised their recommendation to approval after the applicant provided clarifications addressing outstanding concerns.

Approval Conditions

The plan was approved subject to 15 conditions. These conditions addressed the following areas:

• Sinkhole denotations
• Lot limits
• Utility easements
• Tree protection areas

Outcome

The Final Subdivision Plan for Blackford Property, Phase I, Unit 5-A was approved with the 15 specified conditions.

Development Plan: Sebastian Property, Unit 2 (2012-60)

The development plan for Sebastian Property, Unit 2 (2012-60) was presented for discussion and approval 44:44.

Key Speakers

The discussion involved Chris Taylor, Tom Martin, and Rory Kaley.

Staff Recommendation and Approval

Staff recommended approval of the development plan after the applicant addressed concerns raised during the review process. The plan was ultimately approved with 17 conditions.

Conditions and Findings

The approval included specific findings regarding:

• Access easements
• Waivers for substantial completion
• Street continuity

Issues Addressed

The applicant worked to resolve staff concerns related to:

• Conditional uses
• Open space requirements

Outcome

The development plan was approved with the 17 conditions noted above.

Development Plan: General Telephone Company, Lot 5 (2012-72)

This agenda item addressed a development plan for General Telephone Company, Lot 5, identified as case 2012-72. 56:26

Key Speakers and Presentation

Chris Taylor and Rory Kaley were the primary speakers on this matter.

Staff Recommendation and Conditions

Staff recommended approval of the development plan contingent upon 11 conditions. A significant aspect of the staff recommendation involved the reinstatement of tree information that had been lost from a prior version of the plan. Additionally, staff required verification of landscaping compliance as part of the approval conditions.

Background

The applicant had restored lost information from the previous plan iteration, which enabled staff to move forward with a favorable recommendation.

Outcome

The development plan was approved with the 11 conditions in place.

Development Plan: Watts Farm, Tract 4 (2012-73)

1:02:54

The development plan for Watts Farm, Tract 4 (2012-73) was presented for discussion and approval. Key speakers on this item included Chris Taylor and Rory Kaley.

Staff recommended approval of the plan after the applicant addressed compliance issues related to lot coverage and floor area requirements. The discussion focused on ensuring the project met all regulatory standards before moving forward.

The plan was approved with nine conditions. These conditions included:

• Updated floor area statistics
• Corrected open space references
• Compliance with lot coverage requirements
• Compliance with floor area requirements

The approval reflected the applicant's willingness to work with staff to resolve the identified issues and bring the project into full compliance with applicable regulations.

ZOTA 2012-13: Transfer Enforcement of Sign Ordinance Regulations

1:06:54

A text amendment was presented to transfer enforcement of sign ordinance regulations from the Building Inspection department to the Division of Planning.

Presentation and Recommendation

Tracy Wade presented the item to the board. Staff recommended approval of the amendment based on the Division of Planning's active enforcement of sign ordinance regulations since January 1.

Outcome

The text amendment was approved.