Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 13, 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. The Commission considered 14 agenda items, all of which were approved. The meeting included 16 motions and votes, and the Commission heard 4 public comments during the session. The agenda focused primarily on subdivision approvals and property development projects across the Urban County area, including phases of established communities and new residential developments.

Attendance

Present (21 members): Mike Owens, Eunice Beatty, Will Berkley, Carla Blanton, Mike Cravens, Karen Mundy, Frank Penn, Carolyn Plumlee, William Wilson, Bill Sallee, Tom Martin, Barbara Rackers, Cheryl Gallt, Dave Jarman, Denice Bullock, Hillard Newman, Lieutenant Greg Lengal, Jeff Neal, Casey Kaucher, Tim Queary, and Tracy Jones.

Absent (2 members): Lynn Roche-Phillips and Patrick Brewer.

Votes and Decisions

The following votes were taken during the June 13, 2013 meeting:

Approval of Minutes [0:08:33] Motion by Mr. Cravens, seconded by Ms. Plumlee. The minutes from May 9, 2013 passed by voice vote.

Postponement of ZDP 2012-76: Deerfield Shopping Center [0:09:37] Motion by Mr. Penn, seconded by Ms. Mundy. The item was postponed to July 11, 2013 by voice vote.

Postponement of DP 2013-6: Sams Property (AMD) [0:10:40] Motion by Ms. Beatty, seconded by Mr. Wilson. The item was postponed to June 27, 2013 by voice vote.

Approval of Consent Agenda Items [0:15:13] Motion by Ms. Plumlee, seconded by Mr. Wilson. Passed by voice vote.

Approval of Plan 2013-54F: Middleburg Farm [0:27:06] Motion by Mr. Wilson, seconded by Ms. Mundy. Approved subject to 12 conditions including Urban County Engineer acceptance of drainage and sewers, Traffic Engineer approval of street cross-sections, and various other departmental approvals and plan modifications.

Amendment to Middleburg Farm Condition #7 [0:27:38] Motion by Mr. Wilson, seconded by Ms. Mundy. Amendment to correct the Russell Cave Road cross-section label to read "A-A" passed by voice vote.

Approval of DP 2013-36: Kingston Hall, Unit 2 [2:16:43] Motion by Mr. Cravens, seconded by Ms. Mundy. Approved with revised condition #16 requiring Newtown Pike to be a permanent entrance tapered into the site.

Approval of Waiver for DP 2013-36: Kingston Hall, Unit 2 [2:18:35] Motion by Mr. Cravens, seconded by Mr. Penn. Failed by voice vote.

Approval of DP 2013-51: Chancellor Subdivision, The Springs, Lot B [3:15:37] Motion by Mr. Wilson, seconded by Ms. Mundy. Approved subject to 12 conditions.

Approval of DP 2013-52: Chancellor Subdivision, The Springs, Lot C [3:16:09] Motion by Mr. Wilson, seconded by Ms. Mundy. Approved subject to 14 conditions.

Approval of Plan 2013-52F: Chancellor Subdivision and Springdale Subdivision [3:16:43] Motion by Mr. Wilson, seconded by Ms. Mundy. Approved subject to 8 conditions.

Approval of Bonds [3:18:22] Motion by Mr. Wilson, seconded by Ms. Mundy. Passed by voice vote.

Approval of DP 2013-53: Greendale Hills (Unit 3) [3:22:07] Motion by Ms. Blanton, seconded by Mr. Wilson. Approved subject to 13 conditions.

Approval of DP 2013-55: Chenault Subdivision, Lot 3A [3:32:56] Motion by Mr. Wilson, seconded by Ms. Mundy. Approved subject to 13 conditions.

Approval of CT 2013-1: 180-Foot Monopole Tower at 361 Duke Road [4:14:39] Motion by Mr. Wilson, seconded by Mr. Penn. Approved subject to 2 conditions regarding tree replacement and equipment screening.

Acceptance of Nominating Committee for Commission Officers [4:16:14] Motion by Mr. Cravens, seconded by Mr. Penn. Passed by voice vote.

Public Comment

Four speakers addressed the board during the public comment period.

Support for Chancellor Subdivision Development

Michael Galbraith, President of the Mitchell Avenue Neighborhood Association, spoke in favor of the Chancellor Subdivision development plan 3:12:13. He expressed gratitude for the developers' cooperation and noted a generous $20,000 contribution toward traffic calming improvements on Mitchell Avenue. Galbraith stated that the neighborhood association supports approval of the development plan.

Safety Concerns About Newtown Pike Access

Dr. Poole raised safety concerns regarding the proposed permanent access point on Newtown Pike 1:29:47. She cited high vehicle speeds on the road, a recent motorcycle fatality in the area, and risks of accidents due to limited sight distance and the hill's curvature.

Tommy Hearn, identified as Dr. Poole's husband, expanded on these concerns 1:35:08. He emphasized that the proposed access point is unsafe given the hill's steepness, frequent use of the road by large trucks, and poor visibility for drivers exiting the property onto Newtown Pike.

Support for Hospice Development

Darby Turner, representing Eaton Farms, spoke in support of the hospice development 1:33:35. Turner confirmed an agreement on buffering between the parties and stated that Eaton Farms has no objection to the hospice development. He characterized it as a nice transition to agricultural use.

Appointments

The following individuals were appointed to the Nominating Committee for Commission Officers:

• Frank Penn – appointed to the Nominating Committee for Commission Officers
• Will Berkley – appointed to the Nominating Committee for Commission Officers
• Karen Mundy – appointed to the Nominating Committee for Commission Officers

Contested Items

The meeting included two significant areas of disagreement among commissioners and stakeholders.

Permanent Access on Newtown Pike for Kingston Hall

Commissioners were divided on whether to approve a permanent access point on Newtown Pike for Kingston Hall. The disagreement centered on safety concerns, with commissioners raising issues about traffic speed and the potential for accidents at the proposed access location. Despite these safety concerns, the hospice and its staff expressed support for the permanent access. The commissioners ultimately split on the vote, indicating they could not reach consensus on whether the benefits of the access point outweighed the traffic and safety risks.

Traffic Calming and Access on Mitchell Avenue

A heated discussion arose over proposed access and traffic calming measures for the Chancellor Subdivision on Mitchell Avenue. Residents voiced safety concerns about the development and its impact on the area. In response to these concerns, developers offered financial contributions intended to address the safety issues raised by the community. However, the financial offer did not fully resolve the debate, as significant disagreement persisted among those involved regarding the adequacy of the proposed measures and contributions.

HAMBURG PLACE COMMUNITY, PHASE II (AMD)

Agenda Item: 2012-14P

The Planning Commission discussed and approved the reapproval of the preliminary subdivision plan for Hamburg Place Community, Phase II. 11:43

Key Speakers: - Bill Sallee - Mike Owens

Action Taken:

The Planning Commission approved the preliminary subdivision plan reapproval, subject to the original conditions of approval. The approval required compliance with conditions including:

• Approvals from various county departments
• Corrections to the plan as specified

Outcome:

The item was approved as presented.

300 WEST VINE, LLC PROPERTY

The Planning Commission reviewed and approved the final subdivision plan for 300 West Vine, LLC Property 11:43.

Key Speakers

Bill Sallee and Mike Owens participated in the discussion of this agenda item.

Outcome

The Planning Commission approved the final subdivision plan, subject to the following conditions:

• Utility easements must be included
• The vicinity map must be corrected
• Building lines must be added to the plan
• Survey monument information must be added to the plan

THE FAIRWAYS AT ANDOVER

11:43

The Planning Commission discussed and approved the final subdivision plan for The Fairways at Andover during this agenda item.

Key Speakers

Bill Sallee and Mike Owens participated in the discussion of this project.

Outcome

The Planning Commission approved the final subdivision plan for The Fairways at Andover.

Conditions of Approval

The approval was subject to the following conditions:

• Utility easements must be established as required
• Tree protection measures must be implemented
• The homeowner association is responsible for the maintenance of Lot 93

P.B. DEVEREUX SUBDIVISION (LYNN GROVE ADDITION)

Agenda Item 2013-50

The Planning Commission discussed and approved the final subdivision plan for P.B. Devereux Subdivision, also known as Lynn Grove Addition. 11:43

Key speakers in this discussion included Bill Sallee and Mike Owens.

The Commission approved the final subdivision plan subject to specific conditions. These conditions required that private open space be provided for each unit within the subdivision. Additionally, the Commission identified driveway width issues that needed to be resolved before the plan could be fully finalized.

The outcome of this agenda item was approval of the subdivision plan, contingent upon the applicant addressing the identified conditions regarding private open space and driveway width specifications.

MAN O' WAR DEVELOPMENT, UNIT 2A, LOTS A-20 & A-21

11:43

The Planning Commission discussed and approved the final development plan for Man O' War Development, Unit 2A, covering Lots A-20 and A-21.

Key Speakers

Bill Sallee and Mike Owens presented on this agenda item.

Outcome

The Planning Commission approved the final development plan, subject to the following conditions:

• Correction of note #8
• Clarification of retail floor area
• Resolution of stormwater detention

BLACKFORD PROPERTY, PHASE 1, UNIT 5 (AMD)

The Planning Commission discussed and approved the final development plan for Blackford Property, Phase 1, Unit 5 11:43.

Key Participants

Bill Sallee and Mike Owens were the primary speakers on this agenda item.

Outcome

The Planning Commission approved the final development plan, subject to the following conditions:

• Deletion of note #16
• Completion of cross-section information
• Resolution of lot frontage and square footage issues

CHANCELLOR SUBDIVISION, (UNIT 1B, BLOCK B, LOT 2) & SPRINGDALE SUBDIVISION (UNIT 2, BLOCKS B & C)

Agenda Item: 2013-52F

Type: Discussion

Outcome: Approved

3:16:43

The Planning Commission reviewed and approved the final subdivision plan for Chancellor Subdivision (Unit 1B, Block B, Lot 2) and Springdale Subdivision (Unit 2, Blocks B & C).

Key Speakers: - Tom Martin - Mike Owens

Conditions of Approval:

The approval was granted subject to the following conditions:

• Utility easements
• Traffic calming measures
• Improvements to Harrodsburg Road
• Improvements to Mitchell Avenue

The final subdivision plan met the Commission's requirements with these specified conditions to be implemented as part of the development.

CHANCELLOR SUBDIVISION (THE SPRINGS, LOT B)

3:15:37

The Planning Commission reviewed and approved the development plan for Chancellor Subdivision, Lot B, a project known as The Springs.

Key Participants

Tom Martin and Mike Owens were the primary speakers during discussion of this agenda item.

Approval and Conditions

The Commission approved the development plan subject to several conditions designed to address traffic and pedestrian safety concerns:

• Implementation of traffic calming measures
• Construction of right turn lanes
• Provision of pedestrian access

Outcome

The project received Planning Commission approval with the noted conditions required for the development to proceed.

CHANCELLOR SUBDIVISION (THE SPRINGS, LOT C)

Item 2013-52

The Planning Commission discussed and approved the development plan for Chancellor Subdivision, Lot C, a component of The Springs project. 3:16:09

Key Participants

Tom Martin and Mike Owens were the primary speakers on this agenda item.

Approval and Conditions

The Planning Commission approved the development plan subject to several conditions designed to address traffic and pedestrian safety:

• Implementation of traffic calming measures
• Construction of right turn lanes
• Provision of pedestrian access

Outcome

The proposal was approved by the Planning Commission.

GREENDALE HILLS (UNIT 3)

Agenda Item 2013-53

The Planning Commission discussed and approved the development plan for Greendale Hills, Unit 3. 3:22:07

Key Participants

Tom Martin and Mike Owens were the primary speakers on this agenda item.

Approval and Conditions

The Planning Commission approved the development plan subject to the following conditions:

• Stormwater management requirements
• Lighting specifications
• Access restrictions

Outcome

The proposal was approved by the Planning Commission.

CHENAULT SUBDIVISION, LOT 3A

The Planning Commission discussed and approved the development plan for Chenault Subdivision, Lot 3A during this meeting 3:32:56.

Key Participants

Tom Martin and Mike Owens were the primary speakers on this agenda item.

Approval and Conditions

The Planning Commission approved the development plan subject to specific conditions. The approval included requirements addressing:

• Drive-through stacking
• Truck delivery access

Outcome

The agenda item was approved as presented, with the noted conditions incorporated into the development plan for Chenault Subdivision, Lot 3A.

CT 2013-1 – Application to construct a 180-foot monopole tower

4:14:39

The Planning Commission reviewed an application to construct a 180-foot monopole tower at 361 Duke Road. Bill Sallee and Mike Owens were the key speakers during this discussion.

The application included requests for variances related to landscaping and height-to-yard ratio requirements. The Commission approved the application with specific conditions attached to the approval.

Approval Conditions:

• Tree replacement requirements
• Temporary fencing installation

Outcome:

The Planning Commission approved the application to construct the 180-foot monopole tower at 361 Duke Road, granting the requested variances for landscaping and height-to-yard ratio while requiring the applicant to comply with conditions for tree replacement and temporary fencing.

KINGSTON HALL, UNIT 2 (EAST BRIDGEFORD LAND & DEVELOPMENT CO) (AMD)

The Planning Commission discussed and voted on the development plan for Kingston Hall, Unit 2, a project by East Bridgeford Land & Development Co. 2:16:43

Key Speakers

Tom Martin and Mike Owens were the primary speakers during this agenda item.

Action Taken

The Planning Commission approved the development plan for Kingston Hall, Unit 2, with modifications to the original proposal:

• Approved: The development plan with a revised condition allowing a permanent access point on Newtown Pike
• Disapproved: The waiver request for the cul-de-sac

Outcome

The agenda item was approved, with the permanent access point on Newtown Pike incorporated as a condition of approval and the cul-de-sac waiver denied.

MIDDLEBURG FARM

The Planning Commission discussed and approved the final subdivision plan for Middleburg Farm 27:06.

Key Speakers

Dave Jarman and Mike Owens led the discussion on this agenda item.

Outcome

The Planning Commission approved the final subdivision plan for Middleburg Farm, subject to several conditions that must be satisfied.

Conditions of Approval

The approval included the following requirements:

• Correction of cross-section labels
• Floodplain verification
• Compliance with Article 3-7 of the Zoning Ordinance