Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on October 11, 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 addressed nine agenda items related to property development and land use approvals. The Commission took 15 motions and votes during the session and heard 3 public comments.

Of the nine items on the agenda, eight were approved and one was postponed. Approved items included the SFH Property, Tuscany Units 2 & 3, Patchen-Wilkes Units 1 and 2A, Hamburg Place Office Park Lots 4, 5 & 13, Glen Creek Unit 3-C Section 1 (Dove Creek), East Bridford Land & Development Company's Kingston Hall Phase 1 Unit 2, and a portion of Greendale Hills Unit 2. The Lexington Medical Arts Professional, Inc., Lot 3 item was postponed. Several of the approved items included amendments (AMD) to existing plans, and multiple items were scheduled for subsequent consideration dates in December 2012 and January 2013.

Attendance

The following individuals were present at the meeting on October 11, 2012:

• Will Berkley
• Mike Owens
• Carolyn Plumlee
• Karen Mundy
• Hillard Newman
• Jeff Neal
• Bill Sallee
• Tom Martin
• Chris Taylor
• Dave Jarman
• Denice Bullock
• Cheryl Gallt
• Captain Charles Bowen
• Kenzie Gleason
• Tracy Jones
• Rory Kaley
• Matt Carter
• Rob Sims
• Roger Leidenberger
• Mary Ware
• Frank Penn
• Will's daughter

No attendees were recorded as absent or arriving late.

Votes and Decisions

The meeting on October 11, 2012 included 16 votes, all of which passed by voice vote.

Procedural Matters

The minutes from September 13, 2012 were approved 7:58.

Postponements

Plan 2012-101P, Tuscany Unit 8, was postponed until November 8, 2012 9:37. Plan 2012-103F, Fuller et al. & Meadowthorpe Community Business Center, was postponed until November 8, 2012 10:40.

Consent Agenda

The consent agenda was approved with the removal of Plan 2012-100P and Plan 2012-103F 15:48.

Development Plans and Subdivisions

Plan 2012-100P, SFH Property, was approved with 13 conditions including resolution of landscaping and trail location at final record plat 48:02.

Plan 2012-102P, Tuscany Units 2 & 3, was approved with revised conditions including restriction of lots 139 until a revised flood study is submitted 1:01:41.

Plan 2005-3P, Patchen-Wilkes Unit 1, was re-approved with original conditions and a revised condition 3 1:04:51.

Plan 2006-74P, Patchen-Wilkes Unit 2A, was re-approved with original conditions and revised conditions 3 and 5 1:07:08.

Plan 2012-108F, Hamburg Place Office Park, Lots 4, 5 & 13, was approved with a waiver of Article 6-8 of the Land Subdivision Regulations 1:20:10.

DP 2012-82, Hamburg Place Office Park, Lot 4, was approved with a waiver of Article 6-8 and deletion of condition 12 1:20:40.

Plan 2006-151F, Glen Creek Unit 3-C, Section 1, was re-approved with staff-recommended revisions 1:27:43.

DP 2006-103, Glen Creek Unit 3, was re-approved with staff-recommended revisions 1:28:15.

Plan 2008-77F, East Bridford Land & Dev. Co., Kingston Hall, was re-approved with original conditions and three staff-recommended additions 1:33:13.

DP 2012-83, Lexington Medical Arts Professional, Inc., Lot 3, was continued until November 8, 2012 2:09:42.

DP 2006-69, Greendale Hills Unit 2, was re-approved with 11 conditions 2:13:26.

Public Comment

Three speakers addressed the Commission during the public comment period.

Doug Cawthon 24:17 spoke on behalf of adjacent property owners regarding green space and stone wall preservation. He urged the Commission to preserve existing trees and green space along Sandersville Road, citing the character of the area and property values. Cawthon requested that the developer maintain the stone wall and retain as many trees as possible.

Mr. Carlton 39:18 raised concerns about trail location and tree preservation. He expressed worry about the proximity of the proposed trail to the stone wall and the potential for tree removal. Carlton emphasized the need for landscaping and suggested a $20,000 contribution to enhance the area.

Mary Ware 1:38:06 represented adjacent residents in voicing strong opposition to the proposed extended stay hotel development. She raised multiple concerns including stormwater runoff, noise, light pollution, and traffic congestion. Ware also expressed concerns about privacy invasion, dumpster placement, and the potential use of a nearby vacant lot.

Contested Items

Lexington Medical Arts Professional, Inc. Development Plan

The proposed development plan for Lexington Medical Arts Professional, Inc. generated significant community opposition. Adjacent residents raised substantial concerns about multiple impacts of the project, including stormwater management, noise, light pollution, traffic, and privacy. Due to the extent of community concerns, the Commission postponed its decision on this matter until November 8, 2012, to allow for a Board of Adjustment review to be completed.

Trail Location and Tree Preservation in SFH Property

The placement of a trail on the SFH Property prompted heated discussion between Commission members and residents. The central disagreement focused on how trail construction would affect existing trees and stone walls on the property. Rather than resolve the dispute at the meeting, the Commission imposed a condition requiring that the impact of trail construction on these natural and historic features be resolved at the final record plat stage.

SFH Property (12/3/12)

17:56

The Commission discussed the revised conditions for the SFH Property subdivision plan. Key speakers in this discussion included Rory Kaley, Doug Cawthon, Mr. Carlton, and Mr. Taylor.

The discussion focused on several technical aspects of the proposed subdivision:

• Stormwater management — The Commission reviewed revised stormwater management provisions for the project.
• Trail location — The placement and design of trails within the subdivision were examined.
• Tree preservation — Protections and preservation measures for existing trees were discussed.

Concerns Raised

Commission members raised concerns about the impact of the proposed development on green space and the existing stone wall on the property. These environmental and site feature considerations were central to the deliberation.

Conditions and Outcome

The Commission approved the SFH Property subdivision plan with conditions. The approval included specific requirements related to:

• Landscaping specifications for the project
• Trail location to be finalized at the record plat stage

The motion to approve with these conditions passed, allowing the project to move forward subject to the Commission's specified requirements being met during the final record plat phase.

Tuscany, Units 2 & 3 (AMD) (12/3/12)

50:23

The Commission reviewed a revised plan for Tuscany Units 2 & 3, with discussion centered on post-development floodplain issues and the status of non-buildable lots.

Key Participants

The discussion involved Rory Kaley, Mr. Taylor, and Mr. Newman.

Main Issues

The revised plan addressed the post-development floodplain affecting the project. A primary concern was the presence of non-buildable lots that needed to be removed from the development plan. The Commission and project representatives worked through the implications of flood-related constraints on the project layout.

Resolution

A compromise was reached between the parties. Rather than immediately resolving the non-buildable lot issue, the Commission agreed to defer the recordation of affected lots pending submission of a revised flood study. This approach allowed the project to move forward while ensuring that flood-related concerns would be properly addressed through updated technical analysis.

Outcome

The agenda item was approved.

Patchen-Wilkes, Unit 1 (AMD) (1/2/13)

1:02:39

The Commission re-approved the preliminary subdivision plan for Patchen-Wilkes Unit 1. Rory Kaley presented the item to the Commission.

The approval included the original conditions previously established for the project, along with a revised tree preservation condition. The applicant agreed to accept all of the terms presented by the Commission.

The outcome of this discussion was approval of the preliminary subdivision plan.

Patchen-Wilkes, Unit 2A (1/2/13)

1:05:21

The Commission re-approved the preliminary subdivision plan for Patchen-Wilkes Unit 2A (identifier: 2006-74P). Rory Kaley presented the item to the Commission.

The re-approval included revised conditions focused on landscaping and tree preservation requirements for the project. The applicant agreed to the revised terms presented by the Commission.

The outcome of this discussion was approval of the preliminary subdivision plan with the modified conditions in place.

Hamburg Place Office Park, Lots 4, 5 & 13 (AMD) (12/25/12)

1:08:17

The Commission discussed and approved the record plat and development plan for Hamburg Place Office Park, Lot 4. Key speakers in this discussion included Mr. Martin and Matt Carter.

The approval included a waiver for street termination. The Commission also imposed conditions related to certification requirements and traffic improvements that must be satisfied as part of the development.

The outcome of this agenda item was approval.

Glen Creek, Unit 3-C, Section 1 (DOVE CREEK) (1/2/13)

Project Identifier: 2006-151F

The Commission re-approved the record plat and development plan for Glen Creek Unit 3-C during this discussion 1:21:58. The agenda item addressed staff-recommended revisions intended to resolve floodplain conflicts and variance requests associated with the project.

Key Participants

Mr. Martin and Rob Sims were the primary speakers during this agenda item.

Outcome

The Commission approved the record plat and development plan for Glen Creek Unit 3-C, Section 1 (Dove Creek), incorporating the staff-recommended revisions.

East Bridford Land & Dev. Co., (Kingston Hall), Phase 1, Unit 2 (1/2/13)

Identifier: 2008-77F

The Commission re-approved the record plat for East Bridford Land & Dev. Co. during this discussion item. 1:28:48

Key Participants

The discussion involved Mr. Martin and Rory Kaley.

Action Taken

The Commission approved the record plat with updated conditions related to scenic easement boundaries. This represented a re-approval of the previously considered project, with modifications made to address scenic easement boundary specifications.

Outcome

The item was approved.

Lexington Medical Arts Professional, Inc., Lot 3 (AMD) (12/3/12)

1:33:48

The Commission discussed the development plan for Lexington Medical Arts Professional, Inc., Lot 3, which involved an extended stay hotel project. Key speakers included Mary Ware, Roger Leidenberger, and Mr. Taylor.

The discussion centered on community opposition to the proposed development and procedural concerns raised during the review process. Rather than proceeding with approval, the Commission determined that additional time was needed to address these issues.

Outcome

The Commission postponed approval of the development plan. A motion to continue the item until November 8, 2012, was passed, allowing for further consideration of the community concerns and procedural matters before a final decision would be made.

Greendale Hills, Unit 2 (A PORTION OF) (AMD.) (1/2/13)

The Commission re-approved the development plan for Greendale Hills Unit 2 2:10:42. Key speakers in this discussion included Mr. Martin and Rory Kaley.

The Commission's approval included 11 conditions for the project. A significant requirement among these conditions was the connection of Lucille Drive in the first phase of development.

The outcome of this agenda item was approval of the amended development plan.