Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on May 9, 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 included 11 agenda items, 16 motions and votes, and 4 public comments.

The commission approved all items on the agenda. These included five subdivision plans for the Belmont Farm development (Units 5 and 7 as preliminary plans, and Units 4-B, 4-C, and 4-D as final plans), as well as final subdivision plans for the Distillery District, Hamburg East Tracts 1 & 3, and Belldale Addition Lot 66. The commission also approved two final development plans: one for the Headley, Niven & Vance Property covering Lots 1, 2 & 3, and another for Richmond Todd's Limited's French Quarter Square project. Additionally, the commission approved text amendments to the Zoning Ordinance and Land Subdivision Regulations.

Attendance

Present: Mike Owens, Eunice Beatty, Will Berkley, Patrick Brewer, Mike Cravens, Karen Mundy, Frank Penn, Carolyn Plumlee, and William Wilson.

Absent: Carla Blanton and Lynn Roche-Phillips.

Late: Patrick Brewer and William Wilson.

Votes and Decisions

The Commission voted on 16 motions during this meeting. All votes were conducted by voice vote, and all motions passed or were postponed as indicated.

Postponements

Four items were postponed to future meeting dates:

• DP 2013-36: Kingston Hall, Unit 2 (East Bridgeford Land & Development Co) postponed to May 23, 2013 21:24
• ZDP 2012-76: Deerfield Shopping Center postponed to June 13, 2013 22:28
• Plan 2013-38F: Tuscany, Tract A postponed to May 23, 2013 23:37
• DP 2013-40: Tuscany, Tract A postponed to May 23, 2013 24:38

Consent Agenda and Re-approvals

The Consent Agenda was approved with the exception of Plan 2013-39F: Belldale Addition, Lot 66 31:35. Five Belmont Farm plans were re-approved:

• Plan 2005-108P: Belmont Farm, Unit 5 (Coventry) 40:01
• Plan 2005-321P: Belmont Farm, Unit 7 (Coventry) with waiver 40:31
• Plan 2005-173F: Belmont Farm, Unit 4-B (Coventry) 45:08
• Plan 2005-174F: Belmont Farm, Unit 4-C (Coventry) 45:43
• Plan 2005-175F: Belmont Farm, Unit 4-D (Coventry) 46:15

Development Plans and Subdivisions

The Commission approved five development and subdivision plans with various conditions:

• Plan 2013-17F: Distillery District with waiver and 15 conditions 1:12:10
• Plan 2013-27F: Hamburg East, Tracts 1 & 3 (AMD) with 16 conditions 1:21:11
• Plan 2013-39F: Belldale Addition, Lot 66 with 10 conditions 1:29:47
• DP 2013-29: Headley, Niven & Vance Property, Lots 1, 2 & 3 (AMD) with 15 conditions 2:04:04
• DP 2013-48: Richmond Todd's Limited, French Quarter Square (AMD) with 13 revised conditions 2:07:41

Text Amendments

The Commission approved ZODA 2013-1 and SRA 2013-1: Text Amendments to Zoning Ordinance and Land Subdivision Regulations 2:19:50.

Public Comment

Four members of the public addressed the Commission regarding traffic safety and access issues at the Russell Cave Road intersection.

Frank Penn 1:34:14 expressed concern about the dangerous conditions at the intersection, emphasizing the potential for accidents if the safety issues remained unaddressed. He stressed the need for improved access management at the location.

Mike Cravens 1:54:38 addressed the feasibility of the proposed development, cautioning against imposing restrictive conditions such as right-turn-only signage without careful consideration. He argued that such restrictions could negatively impact the marketability of the development project.

Carolyn Plumlee 1:56:45 suggested an alternative approach to resolving the traffic access issue. She recommended that the Commission allow traffic engineering professionals to address the access concerns through signage solutions rather than making binding decisions at the Commission level.

William Wilson 2:03:03 raised safety concerns about allowing unrestricted left turns at the intersection. He expressed worry that permitting such turns would create serious safety hazards and could result in accidents.

The public comment period reflected differing perspectives on how to balance safety considerations with development feasibility, with speakers divided between prioritizing intersection safety measures and concerns about overly restrictive conditions on the proposed development.

Contested Items

The May 9, 2013 meeting included three significant areas of disagreement among commissioners.

Distillery District Private Sewer System

Commissioners engaged in heated discussion over a proposal to approve the Distillery District plan, which included a private sewer system located in a floodplain. The central concern was the risk posed by allowing private infrastructure in a flood-prone area. Commissioners raised questions about long-term maintenance responsibilities and potential public safety implications. The debate was extensive, ultimately resulting in a revised condition that clarified maintenance responsibility for the private sewer system before the plan could be approved.

Russell Cave Road Traffic Access

The Commission was divided on traffic safety measures at a new access point on Russell Cave Road. The disagreement centered on whether to require a right-turn-only sign at the intersection. Some commissioners argued that such a restriction would hinder development of the project, while others emphasized the importance of the safety measure to protect traffic flow and public safety. The split vote reflected the competing priorities between facilitating development and ensuring adequate safety controls.

Hamburg East Green Space Dedication Timing

A procedural dispute emerged regarding the Hamburg East plan and its green space dedication requirements. Commissioners disagreed about whether the Commission should have postponed approval of the Hamburg East plan until the timing of the green space dedication was fully resolved. Some commissioners believed the matter should have been settled before approval, while others supported moving forward by adding a condition to address the timing issue after approval had been granted. This disagreement reflected different approaches to handling unresolved details in development proposals.

Preliminary Subdivision Plan: Belmont Farm, Unit 5 (Coventry)

Identifier: 2005-108P

Overview

The preliminary subdivision plan for Belmont Farm, Unit 5 in Coventry was discussed and re-approved with revised conditions. 32:42

Key Discussion

Tom Martin presented on this agenda item. The plan had been previously reviewed and was brought back for reconsideration following the submission of a 30% improvement plan report.

Conditions and Revisions

The re-approval included revised conditions focused on two primary areas:

• Landscaping requirements
• Tree preservation measures

These revised conditions reflected updates made in response to the improvement plan report that had been submitted since the initial review.

Outcome

The preliminary subdivision plan was approved with the revised conditions in place.

Preliminary Subdivision Plan: Belmont Farm, Unit 7 (Coventry)

Identifier: 2005-321P

The board discussed the preliminary subdivision plan for Belmont Farm, Unit 7 in Coventry 33:21. Tom Martin presented on this agenda item.

Background and Action

The plan was re-approved with updated conditions following receipt of the required 30% improvement plan report. As part of the approval, the board granted a waiver for street spacing requirements.

Outcome

The preliminary subdivision plan was approved.

Final Subdivision Plan: Belmont Farm, Unit 4-B (Coventry)

Identifier: 2005-173F

Overview

The Final Subdivision Plan for Belmont Farm, Unit 4-B in Coventry was re-approved following submission and review of the required 30% improvement plan report. 41:10

Key Speaker

Tom Martin presented on this agenda item.

Action Taken

The subdivision plan received approval with standard sign-off conditions. The re-approval was contingent upon the satisfactory submission and review of the 30% improvement plan report, which had been completed prior to this meeting discussion.

Outcome

Approved

Final Subdivision Plan: Belmont Farm, Unit 4-C (Coventry)

Identifier: 2005-174F

Overview

The Final Subdivision Plan for Belmont Farm, Unit 4-C in Coventry was re-approved following submission and review of the required 30% improvement plan report. 41:54

Key Discussion

Tom Martin presented this agenda item to the board. The subdivision plan had previously been conditional upon the submission of a 30% improvement plan report, which was subsequently completed and reviewed by the relevant parties.

Outcome

The plan received re-approval with standard sign-off conditions. No additional concerns or modifications were noted in the approval process.

Final Subdivision Plan: Belmont Farm, Unit 4-D (Coventry)

Identifier: 2005-175F

Overview

The Final Subdivision Plan for Belmont Farm, Unit 4-D in Coventry was re-approved following submission and review of the required 30% improvement plan report. 41:54

Key Speaker

Tom Martin presented on this agenda item.

Action Taken

The plan received approval with standard sign-off conditions. The submission of the 30% improvement plan report satisfied the requirements necessary for re-approval of the final subdivision plan.

Outcome

Approved

Final Subdivision Plan: Distillery District

The Final Subdivision Plan for the Distillery District was presented for consideration at the meeting 46:15. Key speakers on this item included Tom Martin and Tony Higdon.

Outcome

The subdivision plan was approved with the following conditions:

• A waiver for substantial completion of public improvements was granted
• 15 conditions were imposed on the approval
• Maintenance responsibility for a private sewer system was established as a condition of approval

The discussion resulted in final approval of the project, allowing the subdivision to proceed under the specified terms and conditions.

Final Subdivision Plan: Hamburg East, Tracts 1 & 3 (AMD)

Discussion and Outcome

The Final Subdivision Plan for Hamburg East, Tracts 1 & 3 was presented for consideration 1:12:47. Tom Martin was the key speaker on this agenda item.

The discussion centered on the timing of the dedication of the green space lot in relation to the stormwater facility acceptance. Following deliberation on these infrastructure requirements, the plan was approved with a new condition added to address the coordination between these two elements.

The approval of the subdivision plan was contingent upon resolving the procedural timing to ensure that the green space lot dedication and stormwater facility acceptance would be properly sequenced and completed according to project requirements.

Final Subdivision Plan: Belldale Addition, Lot 66 (Formerly Wickle Land Co) (AMD)

1:22:37

The board considered the Final Subdivision Plan for Belldale Addition, Lot 66, formerly known as Wickle Land Co property. Tom Martin presented the application to the board.

The applicant addressed 19 original conditions that had been identified during the review process. Following this response, the board found the proposal to be in compliance with zoning regulations.

The board approved the final subdivision plan subject to 10 conditions. The approval represents a reduction from the original 19 conditions, indicating that the applicant successfully resolved or satisfied several of the initial requirements through their submissions and responses.

Outcome: Approved with 10 conditions

Final Development Plan: Headley, Niven & Vance Property, Lots 1, 2 & 3

The board discussed and approved the Final Development Plan for the Headley, Niven & Vance Property, Lots 1, 2 & 3 1:32:00. Key speakers in this discussion included Tom Martin and Jeff Neal.

The primary focus of the discussion centered on traffic safety and access management for the property. A significant concern addressed during the meeting involved signage requirements for a right-turn-only access point, which was identified as a critical safety measure for the development.

The board approved the Final Development Plan with 15 conditions attached to the approval. These conditions were designed to address traffic safety concerns and ensure proper access management for the property development. The requirement for signage at the right-turn-only access point was among the key conditions imposed.

The outcome of the agenda item was approval, contingent upon the applicant's compliance with all 15 specified conditions.

Final Development Plan: Richmond Todd's Limited, French Quarter Square (AMD)

Agenda Item 2013-48

The Final Development Plan for Richmond Todd's Limited's French Quarter Square project was presented for consideration 2:05:04.

Presentation and Key Points

Rory Cayley presented this agenda item to the body.

Conditions and Revisions

The development plan was approved with 13 revised conditions. Prior to approval, the applicant completed cleanup tasks that included removing a controversial note regarding parking utilization from the proposal materials.

Outcome

The Final Development Plan was approved.

Text Amendments to Zoning Ordinance and Land Subdivision Regulations

Identifier: ZODA 2013-1 and SRA 2013-1

The board discussed text amendments to the Zoning Ordinance and Land Subdivision Regulations 2:08:13. Bill Sallee presented the proposed changes, which included updates to capacity assurance requirements.

The staff initially recommended approval of all four proposed changes. However, staff revised their recommendation during the meeting to remove a condition that would have required capacity assurance before final development plan approval. This revision addressed concerns about the timing and implementation of capacity assurance measures.

With the staff's revised recommendation in place, the board approved three of the four originally proposed changes. The amendments that were approved included modifications to the capacity assurance requirements framework, though the specific details of which three changes were selected were not detailed in the available information.

Outcome: Approved