Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 14, 2013, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Sarah Tuttle presided over the meeting, which addressed 17 agenda items including subdivision plans, development plans, and amendments to previously approved projects. The Commission took 10 motions and votes during the session and heard 3 public comments.

Of the 17 items considered, 11 were approved, 3 were postponed, and 3 outcomes were recorded. Approved items included the Glen at Lochdale Unit 4-F Final Subdivision Plan; multiple amendments to properties in the Coldstream Research Campus, Lochmere Estates (Maple Ridge), and Hamburg Place areas; the Newmarket Property Phase I Unit 10 Development Plan; and several commercial and mixed-use projects including Morningside Market, Zandale Shopping Center, and Gess Property Unit 2. The Commission also approved a Public Facility Review for Fayette County Public Schools. Three items were postponed: Forest Park Addition Block E, Deerfield Shopping Center Development Plan, and Sams Property Amendment, as well as an appeal by William Kevin Murphy of a Board of Architectural Review decision. The meeting resulted in approval of most proposed developments and amendments while deferring several items for further consideration.

Attendance

The following individuals were present at the meeting on February 14, 2013:

• Will Berkley
• Eunice Beatty
• Mike Owens
• Carolyn Plumlee
• Karen Mundy
• Hillard Newman
• Jeff Neal
• Bill Sallee
• Tom Martin
• Cheryl Gallt
• Chris Taylor
• David Jarman
• Denice Bullock
• Captain Charles Bowen
• Tracy Jones
• Dick Murphy
• Craig Hardin
• Paul Lee
• Wes Witt
• Keith Messinger
• Steve Rackers
• Chris Howard
• Lynn Roche-Phillips

No absences or late arrivals were recorded.

Votes and Decisions

The meeting included ten votes, all conducted by voice vote.

Postponements

Three items were postponed until March 14, 2013:

• DP 2013-6 Sam's Property, postponed on motion by Sarah Tuttle 9:32
• BOAR 2013-1: William Kevin Murphy appeal, postponed on motion by Sarah Tuttle 10:37
• ZDP 2012-76 Deerfield Shopping Center, postponed on motion by Sarah Tuttle 12:14
• Plan 2013-9F Forest Park Addition, Block E, Lots 1, 2, 3 & 4 (AMD), postponed on motion by Mr. Wilson 1:13:48

Approvals

Six items were approved:

• Consent agenda including EAMP compliance reports for DP 2012-89 and DP 2013-14, approved on motion by Ms. Blanton 17:14

• Plan 2013-7F Coldstream Research Campus, Unit 3, Lot 7 (AMD), approved on motion by Mr. Wilson, subject to waiver of Article 4-7(d)(1) and resolution of Note 27 regarding dedication of Tempur Way 25:00

• Plan 2013-3F Coldstream Research Campus, Unit 6, approved on motion by Mr. Wilson, subject to waiver of surety/bonding requirements and previous conditions from January 17, 2013 1:18:08

• DP 2013-3 Hamburg Place B-5P & B-6P Area Highway Commercial, Lots 4 & 5 (AMD), approved on motion by Mr. Wilson with revised conditions including building envelope reference to Board of Adjustment and architectural offsets for buildings over 100 feet 1:22:11

• Release and call of performance bonds, approved on motion by Mr. Wilson 1:23:13

• PFR 2013-1: Fayette County Public Schools expansion and renovation of four schools, approved on motion by Mr. Wilson, seconded by Ms. Mundy, with conditions requiring applicable permits from Division of Engineering and Division of Building Inspection, and a stormwater management plan for Jessie Clark Middle School 1:34:52

Public Comment

Dick Murphy 50:26

Dick Murphy addressed the proposed Plan 2013-9F Forest Park Addition. He explained the rationale behind the proposed lot configuration, emphasizing the benefits of the notch design for stormwater runoff and parking placement. Murphy argued against the staff's recommendation to limit the lot to a single-family home. He stated that the applicant is willing to work with the city on sidewalk alignment and stormwater management.

Ms. Phillips 1:11:08

Ms. Phillips expressed concern about approving a duplex on Lot 3 of the Forest Park Addition plan. She raised stormwater and flooding risks as primary concerns, stating that the lot is too constrained for such development. Phillips suggested that the applicant consider implementing low-impact development strategies to address these environmental concerns.

Mr. Wilson 1:35:23

Mr. Wilson moved to adjourn the meeting, which was seconded and passed by voice vote.

Appointments

The following appointment action was taken during this meeting:

• Lynn Roche-Phillips was reappointed to the Urban County Planning Commission.

Contested Items

Plan 2013-9F Forest Park Addition

A heated discussion arose regarding staff's recommendation to limit Lot 3 to a single-family home. The applicant strongly opposed this restriction, arguing that the notch in the lot configuration was beneficial for both stormwater management and parking purposes. Despite the applicant's opposition to the staff recommendation, the Commission ultimately postponed the plan to allow for further review of the lot configuration and its implications.

Plan 2013-3F Coldstream Research Campus

A waiver request for bonding requirements generated controversy, primarily due to the University of Kentucky's inability to post bonds. Despite the initial concern about this waiver, staff and the applicant provided justification for the request. The motion to approve the waiver passed unanimously, indicating that the Commission was persuaded by the reasoning presented.

Glen at Lochdale, Unit 4-F (Final Subdivision Plan)

The final subdivision plan for Glen at Lochdale, Unit 4-F was approved by consent agenda 13:15. No discussion took place during the meeting, as the item was processed through the consent agenda procedure.

The Subdivision Committee had previously reviewed the plan and recommended approval subject to several conditions:

• Utility and street light easements
• Drainage requirements
• Tree protection measures

The plan was approved with these conditions in place. Bill Sallee was identified as a key speaker on this item.

Coldstream Research Campus, Unit 3, Lot 7 (AMD) - Dedicate Tempur Way

18:14

The plan for Coldstream Research Campus, Unit 3, Lot 7 (AMD) and the dedication of Tempur Way was presented for discussion and approval.

Key Speakers and Positions

Bill Sallee, Tom Martin, and Dick Murphy participated in the discussion of this agenda item.

Approval Details

The plan was approved with the following conditions:

• A waiver of Article 4-7(d)(1) was granted
• A condition to resolve the applicability of Note 27 from DP 2011-79 was imposed

Staff Findings

Staff confirmed that the University of Kentucky cannot post bonds. Based on this finding, the waiver of Article 4-7(d)(1) was recommended by staff.

Applicant Support

The applicant supported the waiver request.

Outcome

The plan was approved.

Lexington Mall Property (Southland Christian Church) (AMD)

Overview

This agenda item involved a plan for the Lexington Mall Property associated with Southland Christian Church. The proposal included subdividing one lot into three separate lots and adding an easement to the property.

Presentation and Recommendation

Bill Sallee presented this item to the body 13:45. The Subdivision Committee had reviewed the proposal and recommended approval, subject to specific conditions.

Conditions for Approval

The committee's approval was contingent upon the following conditions:

• Engineering approvals
• Traffic approvals
• Environmental approvals

Outcome

The plan was approved via the consent agenda.

Forest Park Addition, Block E, Lots 1, 2, 3 & 4 (AMD)

25:30

This agenda item involved a discussion of a proposed development plan for Forest Park Addition, Block E, Lots 1, 2, 3 & 4.

Key Speakers

Tom Martin and Dick Murphy participated in the discussion of this item.

Issues Raised

Staff identified several concerns with the proposed plan:

• Lot geometry issues
• Insufficient buildable area
• Parking concerns

Staff Recommendation

Staff recommended approval of the plan only if lot lines were adjusted to create three single-family lots.

Applicant Response

The applicant opposed the staff recommendation regarding the lot line adjustments. Rather than accept the conditions, the applicant requested a continuance to allow time to submit revised plans addressing the identified concerns.

Outcome

The item was postponed to allow the applicant to prepare and submit revised plans for future consideration.

Higbee Mill Reserve, Lot 3-H (AMD) - Dedicate Stedman Drive

This agenda item involved the dedication of a new street and was approved via the consent agenda 13:45.

Approval and Process

The plan received approval without discussion during the consent agenda portion of the meeting.

Project Details

The proposal included dedicating Stedman Drive as a new street within the Higbee Mill Reserve development at Lot 3-H. The project involved an amendment (AMD) to existing plans.

Conditions

The approval included conditions related to: - Drainage - Traffic - Utility easements

Participants

Bill Sallee was identified as a key speaker on this item.

Outcome

The plan was approved.

Lochmere Estates (Maple Ridge), Unit 1-A, Sec. 1 (AMD)

The plan for Lochmere Estates (Maple Ridge), Unit 1-A, Section 1 was approved via consent agenda 14:15. The proposal involved reconfiguring lots and updating development standards for the project.

Key Speaker

Bill Sallee presented on this agenda item.

What Was Approved

The plan included lot reconfiguration and updates to development standards. The Subdivision Committee had recommended approval of the proposal with one modification: deletion of a condition related to final development plan certification.

Outcome

The plan was approved as recommended by the Subdivision Committee, with the specified condition removed from the approval requirements.

Lochmere Estates (Maple Ridge), Unit 1-B, Sec. 1 (AMD)

The plan for Lochmere Estates (Maple Ridge), Unit 1-B, Section 1 was approved via consent agenda 14:15.

Project Details

The proposal involved reconfiguring lots and updating development standards for the project.

Recommendation

The Subdivision Committee recommended approval of the plan with one modification: deletion of a condition related to final development plan certification.

Outcome

The plan was approved as recommended.

Coldstream Research Campus, Unit 6 (AMD)

1:14:55

Overview

The board discussed and approved a plan for Coldstream Research Campus, Unit 6 (AMD).

Key Speakers

Tom Martin and Sarah Tuttle presented on this agenda item.

Discussion and Approval

The plan was approved with a modification to standard bonding requirements. Due to the University of Kentucky's inability to issue sureties, a waiver of bonding requirements was granted. Staff confirmed that the project complies with applicable regulations through contractual warranties, providing assurance that the project would meet required standards despite the bonding waiver.

Outcome

The agenda item was approved.

Newmarket Property, Phase I, Unit 10 (Development Plan)

Identifier: 2012-89

Outcome: Approved via consent agenda

The development plan for Newmarket Property, Phase I, Unit 10 was presented for consideration. Bill Sallee was the key speaker on this agenda item 14:52.

The proposal involved a phased development approach with several conditions attached to approval. These conditions addressed:

• Stormwater management requirements
• Landscaping specifications
• Environmental Assessment and Mitigation Plan (EAMP) compliance

The applicant had completed required public notification procedures, including posting a sign and filing an affidavit as part of the application process.

The development plan was approved through the consent agenda, indicating it proceeded without substantial debate or objection during the meeting.

Deerfield Shopping Center (Development Plan)

Agenda Item 2012-76

The Deerfield Shopping Center development plan was presented for discussion at the meeting. Tom Martin addressed the board regarding this agenda item 12:14.

Key Concerns

The primary concern raised during the discussion centered on screening and buffering adjacent to residential areas. These issues were significant enough to prevent approval of the plan in its current form.

Staff Recommendation

Staff recommended that approval of the development plan be conditional upon the property being rezoned to B-3. This rezoning requirement was presented as a necessary condition for moving forward with the project.

Outcome

The Deerfield Shopping Center development plan was postponed. The board did not approve the plan at this meeting, deferring further action pending resolution of the screening and buffering concerns and clarification regarding the rezoning requirement.

Hamburg Place B-5P & B-6P Area Highway Commercial, Lots 4 & 5 (AMD)

1:18:40

The meeting included discussion of a development plan for Hamburg Place B-5P & B-6P Area Highway Commercial, covering Lots 4 & 5. Key speakers on this agenda item were Tom Taylor and Keith Messinger.

The plan was reviewed with particular attention to three main areas of concern:

• Internal circulation
• Parking conflicts
• Building setbacks

The applicant worked with the reviewing body to address these issues by accepting revised conditions. The applicant agreed to the proposed conditions without objection.

The plan was approved following this discussion.

Sams Property (AMD)

The discussion of the Sams Property amendment was postponed during this meeting. Dick Murphy addressed the agenda item, which involved consideration of proposed uses for the property along with associated infrastructure concerns.

The primary issues that prompted the postponement included concerns about the proposed uses for the property, questions regarding sanitary sewer service availability and adequacy, and required road improvements. Rather than proceeding with a decision, the applicant requested a continuance to allow time to address these outstanding concerns.

The meeting resulted in a postponement of the agenda item to a future date, enabling the applicant to work through the identified issues before returning for further consideration.

9:32

Morningside Market (AMD)

The Morningside Market project was approved via consent agenda. 15:27

Project Details

The plan involved revisions to building and parking at National and Ashland Avenues. The applicant had posted a sign and affidavit as required.

Outcome

The proposal was approved.

Zandale Shopping Center (AMD)

The Zandale Shopping Center project was approved via consent agenda 16:08.

Project Details

The plan involved adding retail development and parking on Lot 3. The applicant had posted a sign and affidavit as required.

Outcome

The project was approved.

Gess Property, Unit 2 (AMD)

The Gess Property, Unit 2 project was approved via consent agenda 16:08.

Project Details

The plan included the following components:

• Addition of a new building type
• Covered patios
• Parking facilities

Process

The applicant had posted a required sign and affidavit as part of the application process.

Outcome

The plan was approved.

William Kevin Kevin Murphy - Appeal of Board of Architectural Review

Identifier: BOAR 2013-1

Outcome: Postponed

The appeal of the Board of Architectural Review decision regarding William Kevin Murphy was postponed during this meeting 10:37. The postponement was granted due to the applicant's family bereavement.

Key Speakers: - Sarah Tuttle - Dick Murphy

Staff Recommendation:

Staff recommended upholding the Board of Architectural Review's decision. The recommendation was based on the applicant's compliance with design guidelines and adherence to prior conditions that had been established.

Fayette County Public Schools - Public Facility Review

1:23:47

The board reviewed a public facility review request (PFR 2013-1) concerning four school expansions within Fayette County Public Schools.

Key Speakers

Steve Rackers and Chris Howard presented information and participated in the discussion of this agenda item.

Staff Recommendations

Staff recommended that the school expansions comply with applicable building codes and stormwater management requirements. Additionally, staff noted that the district must obtain necessary permits from both the engineering and building inspection divisions before proceeding with the projects.

Outcome

The request for a public facility review of the four school expansions was approved.