Planning Commission Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on January 17, 2013, 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 17 agenda items related to various development projects and property subdivisions. The Commission took 12 motions and votes during the session and heard 5 public comments.

Of the 17 agenda items considered, 11 were approved, including projects such as Mahan Property Unit 2A, Riddell Plaza Lots 1-22, Coldstream Research Campus Unit 6, Pratt Addition Lots 11A & 11B, Higbee Mill Reserve, Watts Farm Tract 4, Pinnacle Lot 1, Red Mile Mixed-Use Development, Glen at Lochdale Unit 4, Manchester Development, Newmarket Property Unit 7 & a portion of Unit 1, Anderson 2 Subdivision, and Lakeview Estates Unit 2B, Blocks J & K, Unit 2E. Three items were postponed: Deerfield Shopping Center, Glen at Lochdale Unit 4-F, and Newmarket Property Phase 1 Unit 10, with those items scheduled for future consideration on dates ranging from January 29 through April 9, 2013.

Attendance

Present: - Mike Owens - Eunice Beatty - Will Berkley - Carla Blanton - Lynn Roche-Phillips - Karen Mundy - Carolyn Plumlee - William Wilson

Absent: - Patrick Brewer - Mike Cravens - Frank Penn

Late: None reported

Votes and Decisions

Approval of Minutes 10:36 The body approved minutes from November 8, 2012, and November 15, 2012. Ms. Plumlee moved and Ms. Beatty seconded. The motion passed by voice vote with 8 ayes and 0 nays. All members voted in favor: Mike Owens, Eunice Beatty, Will Berkley, Carla Blanton, Lynn Roche-Phillips, Karen Mundy, Carolyn Plumlee, and William Wilson.

Postponements to February 14, 2013 Three items were postponed to February 14, 2013:

• DP 2012-89: New Market Property, Ph 1, Unit 10 11:45 — Ms. Beatty moved and Ms. Plumlee seconded. Passed 7-0 with Patrick Brewer, Mike Cravens, and Frank Penn voting against.

• ZDP 2012-76: Deerfield Shopping Center 13:20 — Ms. Plumlee moved and Ms. Roche-Phillips seconded. Passed 7-0 with Brewer, Cravens, and Penn voting against.

• PLAN 2013-4F: Glen at Lochdale, Unit 4-F 14:23 — Ms. Blanton moved and Ms. Mundy seconded. Passed 7-0 with Brewer, Cravens, and Penn voting against.

Consent Agenda 18:50 Ms. Beatty moved and Ms. Roche-Phillips seconded approval of consent agenda items. The motion passed 8-0 by voice vote.

Agenda Amendment 19:55 Ms. Roche-Phillips moved and Ms. Mundy seconded an amendment to allow the Chair to change the order of the meeting. The motion passed 7-0 with Brewer, Cravens, and Penn voting against.

Bond Release and Call 21:43 Mr. Berkley moved and Ms. Mundy seconded approval of release and call of bonds as detailed in a memorandum dated January 17, 2013. The motion passed 7-0 with Brewer, Cravens, and Penn voting against.

Development Plan Approvals Four development plans were approved with revised conditions:

• DP 2013-5: Manchester Development (AMD) 25:29 — Mr. Berkley moved and Ms. Beatty seconded. Passed 7-0 with Brewer, Cravens, and Penn voting against.

• DP 2013-7: New Market Property, Unit 7 & portion of Unit 1 (AMD) 29:14 — Ms. Splendon moved and Ms. Mundy seconded. Passed 7-0 with Brewer, Cravens, and Penn voting against.

• DP 2013-8: Anderson 2 Subdivision 1:24:46 — Ms. Plumlee moved and Ms. Mundy seconded. Passed 7-0 with Brewer, Cravens, and Penn voting against.

• DP 2012-104: Lakeview Estates, Unit 2B, Blocks J & K, Unit 2E 3:09:41 — Ms. Blanton moved and Ms. Plumlee seconded. Passed 7-0 with a 60-foot height limit at Lake Tower Drive. Brewer, Cravens, and Penn voted against.

Zoning Ordinance Text Amendments 3:13:33 The body initiated four Zoning Ordinance Text Amendments addressing Vehicle Repairs Accessory to a Residential Use, Parking and Storage of Vehicles/Trailers/Equipment/Materials in Residential Zones, Temporary Signage, and Zoning Enforcement Abatement Authority. The Chairman moved and Mrs. Plumlee seconded. The motion passed 7-0 with Brewer, Cravens, and Penn voting against.

Public Comment

The meeting included five public comments addressing the proposed Lakeview Estates development.

Opposition to Development

Darren Dusik, representing the Lake Owners Estate Association, opposed the Lakeview Estates development 2:13:25. He raised concerns about the building's height, impact on neighborhood character, light pollution, and potential decrease in property values. Dusik noted that over 280 residents signed petitions against the project.

Joel DiGirolamo, a Lakeshore Village resident and board member of LELA, also opposed the development 2:19:36. He argued that the proposed five-story building would disrupt the natural and scenic character of the lake, cast significant shadows, and negatively affect wildlife and property values. DiGirolamo presented a solar study to support his claims.

Pat Robinson, representing the Lakeshore Village Homeowners Association, echoed concerns about the development's impact on neighborhood character and traffic 2:38:22. She urged the Commission to listen to the community's voice.

Support for Development

Clarence Cundiff, a state-certified appraiser, testified in support of the project 2:46:42. He stated that property values in the area have increased over the past three years and that the proposed development is unlikely to decrease values.

Richard Polk, an architect and Bridgeport resident, presented a solar study 2:50:32. His analysis showed that the proposed building casts minimal shadows, especially compared to existing three-story buildings in the area.

Contested Items

Lakeview Estates Development

The Lakeview Estates development faced significant community opposition. Over 280 residents signed petitions against the project, with multiple speakers presenting concerns during the meeting. The primary objections centered on the proposed height of the development, impacts to neighborhood character, light pollution, and potential effects on property values. A solar study was also presented as part of the opposition materials.

Anderson 2 Subdivision

The Anderson 2 Subdivision generated heated discussion among the Commission, applicant, and staff. The debate focused on three main issues: the timing of wetland construction, fencing requirements, and compliance with the EAMP (Environmental Assessment and Mitigation Plan). Both the applicant and staff presented detailed reports on these matters. The Commission ultimately required findings on two specific items: an access easement and the timing of wetland work before the meeting concluded.

MAHAN PROPERTY, UNIT 2A (2/24/13)

Overview

The final subdivision plan for Mahan Property, Unit 2A was presented under Plan 2013-1F. 15:27

Recommendation and Approval

The Subdivision Committee recommended approval of the final subdivision plan subject to conditions addressing multiple aspects of the development:

• Utility requirements
• Drainage provisions
• Traffic considerations
• Landscaping specifications
• Tree protection measures

Outcome

The plan was approved via consent agenda without discussion.

RIDDELL PLAZA, LOTS 1-22 (AMD) (2/24/13)

Plan Identifier: PLAN 2013-2F

The Subdivision Committee reviewed this agenda item and recommended approval subject to specific conditions. The conditions addressed access easements, street names, and reciprocal access arrangements for the proposed subdivision.

Outcome

The plan was approved via consent agenda without discussion at the meeting 15:27.

COLDSTREAM RESEARCH CAMPUS, UNIT 6 (2/24/13)

Plan Identifier: PLAN 2013-3F

Overview

The Coldstream Research Campus, Unit 6 proposal was presented to the committee for consideration. 15:27

Recommendation and Conditions

The Subdivision Committee recommended approval of the plan subject to specific conditions. These conditions included:

• Building lines requirements
• Zoning labels
• Access resolution

Key Participants

Mr. Sallee was the primary speaker on this agenda item.

Approval Process

The plan was approved via the consent agenda without further discussion at this meeting.

Outcome

The proposal received approval.

PRATT ADDITION, LOTS 11A & 11B (2/24/13)

Plan Identifier: PLAN 2013-5F

Overview

This subdivision plan for Pratt Addition, Lots 11A & 11B, was presented for approval. The item was processed through the consent agenda without discussion.

Recommendation and Conditions

The Subdivision Committee recommended approval of the plan subject to conditions. These conditions addressed utility easements and property deed references, ensuring proper documentation and access rights for utilities serving the subdivision.

Outcome

The plan was approved via consent agenda. 15:27

HIGBEE MILL RESERVE (AMD) (2/24/13)

Identifier: DP 2013-1

Overview

The Higbee Mill Reserve amendment was presented as a discussion item. The Subdivision Committee had previously recommended approval of the proposal subject to specific conditions.

Committee Recommendation

The Subdivision Committee's recommendation included conditions related to three areas:

• Fire safety requirements
• Waste management provisions
• Zoning compliance

Presentation and Action

Mr. Sallee was the key speaker on this agenda item 15:27. The proposal was approved via consent agenda without further discussion at this meeting.

Outcome

The amendment was approved.

WATTS FARM, TRACT 4 (AMD #5) (2/24/13)

Identifier: DP 2013-2

Item Type: Discussion

The Subdivision Committee recommended approval of this item with conditions related to tennis court status. The plan was approved via consent agenda without discussion 15:27.

Outcome: Approved

PINNACLE, LOT 1 (AMD) (2/24/13)

Item: DP 2013-4

Overview

This agenda item concerned a subdivision plan for Pinnacle, Lot 1, with an anticipated decision date of February 24, 2013. The item was presented as a discussion item and processed through the consent agenda.

Recommendation and Conditions

The Subdivision Committee recommended approval of the plan subject to conditions. These conditions specifically addressed signage and access requirements for the project.

Presentation and Outcome

Mr. Sallee was the key speaker on this item 15:27. The plan was approved via consent agenda without further discussion, indicating that no additional debate or concerns were raised during the meeting.

Result

The proposal received approval as recommended by the Subdivision Committee.

RED MILE MIXED-USE DEVELOPMENT (4/9/13)

Project Identifier: DP 2011-91

Overview

The Red Mile Mixed-Use Development proposal was presented to the committee for consideration. 15:27

Committee Action

The Subdivision Committee recommended reapproval of the project with revised conditions. The plan was subsequently approved via consent agenda without discussion.

Outcome

The Red Mile Mixed-Use Development was approved.

GLEN AT LOCHDALE, UNIT 4 (MINOR AMD) (3/12/13)

Identifier: DP 2012-114

The Subdivision Committee reviewed a minor amendment to the Glen at Lochdale, Unit 4 development. Mr. Sallee was the key speaker on this item.

The Subdivision Committee had previously recommended approval of the amendment subject to conditions. These conditions specifically addressed tree canopy requirements and certification standards for the project.

The item was approved via consent agenda without further discussion at this meeting 15:27, indicating that the committee's prior recommendation and conditions were accepted without additional deliberation or debate.

Outcome: Approved

MANCHESTER DEVELOPMENT (AMD) (2/24/13)

Overview

This agenda item (DP 2013-5) addressed a Manchester Development amendment proposal. 22:13

Key Speakers

• Ms. Gallt
• Tony Barrett

Discussion and Process

The Subdivision Committee initially recommended postponement of the Manchester Development amendment due to numerous conditions that required resolution. Following this recommendation, staff revised the conditions associated with the proposal to address the committee's concerns.

Outcome

The plan was approved with 19 conditions. The revised conditions addressed the issues that had prompted the initial postponement recommendation, allowing the project to move forward.

NEWMARKET PROPERTY, UNIT 7 & A PORTION OF UNIT 1 (AMD) (3/26/13)

Agenda Item: DP 2013-7

Overview

This agenda item concerned a development proposal for the Newmarket Property, specifically Unit 7 and a portion of Unit 1. 26:34

Discussion and Process

The Subdivision Committee had initially recommended postponement of this proposal due to numerous conditions that required resolution. Following this recommendation, staff revised the conditions to address the committee's concerns.

Key speakers on this item included Mr. Jarman and Rory Kaley.

Outcome

The plan was approved with 14 conditions. The revised conditions addressed the issues that had prompted the initial postponement recommendation, allowing the proposal to move forward.

ANDERSON 2 SUBDIVISION (3/26/13)

Identifier: DP 2013-8

Overview

The Subdivision Committee reviewed the Anderson 2 Subdivision proposal. The discussion took place approximately 31 minutes into the meeting 31:00.

Key Participants

The agenda item involved remarks from Mr. Martin, Dick Murphy, and Dennis Anderson.

Committee Recommendation and Conditions

The Subdivision Committee recommended approval of the subdivision subject to 14 conditions. These conditions addressed three primary areas:

• EAMP (Environmental Assessment and Mitigation Plan) compliance
• Access easement requirements
• Wetland timing provisions

Outcome

The subdivision was approved with the 14 recommended conditions in place.

LAKEVIEW ESTATES, UNIT 2B, BLKS J & K, UNIT 2E (AMD) (2/13/13)

Identifier: DP 2012-104

Overview

This agenda item addressed a development proposal for Lakeview Estates, Unit 2B, Blocks J & K, and Unit 2E (Amendment). The discussion focused on resolving planning and design issues that had been raised during the subdivision review process.

Key Issues and Discussion

The Subdivision Committee had recommended postponement of the project due to concerns regarding height-to-yard ratio and floor area issues. These technical requirements are critical to ensuring the development complies with zoning and design standards for the area.

Following the committee's feedback, staff revised the conditions of approval to address the identified concerns. The revised conditions formed the basis for reconsideration of the proposal.

Speakers

The discussion involved Mr. Taylor, Dick Murphy, and Alan Schubert.

Outcome

The plan was approved with a 60-foot height limit imposed as a condition of approval. This height restriction was a key element of the revised conditions that resolved the previous concerns about the height-to-yard ratio.

Meeting Reference

1:35:42

DEERFIELD SHOPPING CENTER (1/17/13)

Identifier: ZDP 2012-76

Overview

The committee discussed the Deerfield Shopping Center proposal during this meeting. 12:15

Key Participants

Bruce Simpson was the primary speaker on this agenda item.

Committee Recommendation and Concerns

The Subdivision Committee recommended postponement of the proposal, citing screening and buffering issues that required further attention before the plan could move forward.

Outcome

The Deerfield Shopping Center proposal was postponed. The plan is scheduled to be reconsidered on February 14, 2013.

GLEN AT LOCHDALE, UNIT 4-F (2/24/13)

Identifier: PLAN 2013-4F

Type: Discussion

Mr. Martin presented this agenda item to the committee. 13:52

The Subdivision Committee identified discrepancies related to utility easements in the plan and recommended postponement to allow these issues to be resolved. The plan was postponed to February 14, 2013.

Outcome: Postponed

NEWMARKET PROPERTY, PH 1, UNIT 10 (1/29/13)

Identifier: DP 2012-89

Discussion Type: Subdivision Committee Review

11:13

The committee discussed the Newmarket Property, Phase 1, Unit 10 proposal. Richard Murphy presented information related to this agenda item.

The Subdivision Committee had previously recommended approval of the plan subject to conditions. However, rather than proceeding to a final vote, the committee voted to postpone consideration of this matter.

Outcome: The plan was postponed to February 14, 2013, for further review and discussion.

HIGBEE MILL RESERVE (AMD) (2/24/13)

Identifier: DP 2013-1

Overview

The Higbee Mill Reserve amendment was presented as a discussion item. The Subdivision Committee had previously reviewed the proposal and recommended approval subject to specific conditions.

Committee Recommendation

The Subdivision Committee's recommendation included conditions related to three areas:

• Fire safety requirements
• Waste management provisions
• Zoning compliance

Presentation and Action

Mr. Sallee was the key speaker on this agenda item 15:27. The proposal was approved via consent agenda without further discussion.

Outcome

The amendment was approved.