Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on November 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 five agenda items, ten motions and votes, and three public comments.

The Commission considered five development proposals during the meeting. Four items received approval: the Tuscany, Unit 8 Preliminary Subdivision Plan; the Lexington Medical Arts Professional, Inc., Lot 3 (AMD) Final Development Plan; the Chesapeake Equine Final Development Plan; and the Bryan Station High School Band Tower. One item, the Tuscany, Unit 9 Preliminary Subdivision Plan, was deferred.

Attendance

Present: Mike Owens, Eunice Beatty, Will Berkley, Mike Cravens, Lynn Roche-Phillips, Patrick Brewer, Frank Penn, William Wilson, and Carolyn Plumlee.

Absent: Carla Blanton and Karen Mundy.

Late: Lynn Roche-Phillips and Patrick Brewer arrived after the meeting began.

Votes and Decisions

The board took the following actions during the November 8, 2012 meeting:

Postponements

Three items were postponed by voice vote with unanimous support:

• DP 2012-89: New Market Property, PH 1, Unit 10 — postponed on motion by Mike Cravens, seconded by William Wilson 13:49
• CT 2012-1: Cellular tower monopole at 1811 Iron Works Pike — postponed on motion by William Wilson, seconded by Carolyn Plumlee 14:58
• DP 2012-91: Michael Gentry, DVM Property, Lot 2 (AMD) — postponed on motion by Mike Cravens, seconded by Frank Penn 16:02
• Plan 2012-113P: Tuscany, Unit 9 — continued until December 13, 2012 on motion by Lynn Roche-Phillips, seconded by Patrick Brewer, to resolve connectivity and timing issues with future development 1:45:38

Approvals

The following items were approved by voice vote with unanimous support:

• Consent Agenda items with DP 2012-97: Chesapeake Equine removed — approved on motion by Frank Penn, seconded by Patrick Brewer 21:57
• Plan 2012-101P: Tuscany, Unit 8 — approved with deletion of condition 9 and adoption of waiver findings on motion by Patrick Brewer, seconded by Mike Cravens 1:08:04
• DP 2012-83: Lexington Medical Arts Professional, Inc., Lot 3 (AMD) — approved with conditions including denoting stormwater basin location, approving walking track location, dimensioning storage building, and adding condition 12 regarding open space and TPAs on motion by Lynn Roche-Phillips, seconded by Mike Cravens 1:55:10
• DP 2012-97: Chesapeake Equine — approved with ten conditions including record plat designation, easement cross-sections, conditional zoning restrictions, and technical committee review prior to certification on motion by Mike Cravens, seconded by Patrick Brewer 2:14:20
• PFR 2012-3: Bryan Station High School Band Tower — approved with conditions requiring applicable permits and State Building Code compliance on motion by Mike Cravens, seconded by Patrick Brewer 2:23:03
• Release of call of bonds for PFR 2012-3 — approved on motion by Mike Cravens, seconded by Patrick Brewer 2:16:35

All votes were conducted by voice vote. All nine board members voted in favor of each motion, with no votes against or abstentions recorded.

Public Comment

Three members of the public provided comments during the meeting.

Mike Cravens 1:25:27 raised concerns about connectivity and cul-de-sac design in Tuscany Unit 9. He questioned whether the current design, which features a single access point, would be safe and efficient for emergency services.

Lynn Roche-Phillips 1:30:30 expressed concern about gas line depth and transparency. She noted that future homeowners should be informed about the presence and depth of the gas line. She indicated that the depth information is not publicly available and emphasized that stakeholders should be aware of potential risks associated with the gas line.

Patrick Brewer 2:04:53 addressed the process for late-filed plans on the consent agenda. He expressed concern that plans containing 21 conditions and requiring technical committee review should not appear on the consent agenda, characterizing this as a procedural flaw. He suggested that the criteria for consent agenda eligibility be revisited.

Contested Items

Late-filed Plan on Consent Agenda

Commission members disputed the procedural appropriateness of placing a late-filed plan containing 21 conditions on the consent agenda. The core concern was that this placement bypassed the technical committee review process and violated established procedures. Commission members argued that the expedited approach circumvented the standard review mechanisms designed to ensure thorough examination of complex proposals before approval.

Connectivity and Access in Tuscany Unit 9

The Commission was divided on whether to approve the plan given unresolved connectivity issues in Tuscany Unit 9. Some commission members advocated for continuation of the discussion rather than immediate approval, arguing that the connectivity problems needed to be resolved before moving forward. This split vote reflected disagreement about whether the plan's current state was acceptable for approval or whether additional work was necessary to address the access concerns.

Tuscany, Unit 8 (Preliminary Subdivision Plan)

Agenda Item 2012-101P

The Planning Commission discussed the preliminary subdivision plan for Tuscany, Unit 8, focusing on the proposed extension of Battery Street as a collector street 22:29.

Key Presentations and Debate

Staff recommended a 50/37-foot cross-section for Battery Street along with a waiver for spacing requirements. The applicant, represented by key speakers including Bill Sallee, Rory Cayley, and Tim Haymaker, presented an alternative proposal. The applicant argued for retaining the current 50/31-foot cross-section with no parking and the inclusion of a transition zone, rather than adopting the staff-recommended configuration.

The discussion centered on the appropriate design standards for the street extension, with the two proposals differing on the width allocation and parking provisions.

Commission Action

The Planning Commission approved the preliminary subdivision plan with modifications. The approval included:

• Deletion of condition 9
• Adoption of waiver findings

The Commission's decision reflected a resolution of the disagreement between staff recommendations and the applicant's proposal regarding Battery Street's configuration and spacing requirements.

Tuscany, Unit 9 (Preliminary Subdivision Plan)

Identifier: 2012-113P

The Commission discussed the preliminary subdivision plan for Tuscany, Unit 9 during this meeting 1:09:02.

Key Speakers

The discussion involved Bill Sallee, Rory Cayley, and Tim Haymaker.

Issues Discussed

The primary focus of the Commission's review centered on connectivity concerns. The plan was criticized for lacking multiple access points, which raised questions about adequate circulation and emergency access. Additionally, the Commission identified the need for future connections to adjacent developments, which had not been adequately addressed in the preliminary plan.

Staff Recommendation

Staff recommended postponement of the plan due to unresolved connectivity issues and timing concerns that required further resolution before approval could be considered.

Outcome

The Commission voted to defer the preliminary subdivision plan. The plan was continued until December 13, 2012, allowing additional time for the applicant and staff to address the connectivity issues and other outstanding concerns identified during the review.

Lexington Medical Arts Professional, Inc., Lot 3 (AMD) (Final Development Plan)

The Commission reviewed a revised final development plan for Lexington Medical Arts Professional, Inc., Lot 3, which involves an extended-stay hotel with updated stormwater and access features. 1:46:17

Chris Taylor and Ms. Westover were the key speakers during the discussion of this agenda item. The plan had previously been reviewed and approved by the Board of Adjustment with conditions.

The Commission approved the final development plan with the conditions reflected in the staff report. The approval incorporated the revisions to stormwater management and access features that had been incorporated into the updated plan.

Chesapeake Equine (Final Development Plan)

Agenda Item 2012-97

The Commission discussed the Chesapeake Equine Final Development Plan, which was presented as a late-filed submission containing 21 conditions. 1:55:40

Key Speakers and Discussion

Cheryl Gallt and Ms. Wiseman were the primary speakers during this agenda item. The Commission debated whether the plan, given its late filing status, should be placed on the consent agenda for approval.

Process and Concerns

Staff defended the submission process, explaining that technical committee review would follow the Commission's approval. This sequential approach—with Commission approval preceding technical committee review—appeared to be a point of discussion among commissioners regarding the appropriate procedural order.

Outcome

The Commission approved the Chesapeake Equine Final Development Plan with all 21 conditions intact. The approval was contingent upon subsequent technical committee review of the plan.

Bryan Station High School Band Tower

The Commission reviewed a request for a 35-foot band tower to be installed on Bryan Station High School property. 2:17:07

Presentation and Staff Recommendation

Staff members, including Barbara Rackers and Mr. Andrew Moore, presented the proposal to the Commission. Staff confirmed that the band tower request complied with the comprehensive plan and recommended approval of the project, contingent upon compliance with applicable building codes.

Commission Action

The Commission approved the request for the 35-foot band tower at Bryan Station High School.