Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 11, 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 consideration of 23 agenda items. The Commission took 15 motions and votes during the session and heard 4 public comments.

Of the 23 items on the agenda, 21 were approved, including projects such as the Peggy B. Queen Property, Lakeview Estates Units 2B & 2E (AMD), Magna Entertainment, and multiple Gess Property units (6-J, 6-K, 11-F, 11-G, and 11-H). Additional approvals included NDC Property Unit 1 Lot 4B (AMD), Angliana Avenue – Trinitas Housing Project (AMD), Higbee Mill Reserve Lot 3-H (AMD), Highwood Center (Lexmark International, Inc.) (AMD), and the Goodrich Property (Revocation Plat). The Commission also approved Newmarket Phase I Unit 1-E, three Meadow Oaks units (1-A, 1-B, and 1-C, also known as Ashford Oaks), Marshall Property Unit 2K, Deerfield Shopping Center (ZDP), and Fayette County Public Schools – Henry Clay High School (PFR). Two items were postponed: the Distillery District West (AMD) and the Jones Subdivision.

Attendance

Present: - Mike Owens - Carla Blanton - Mike Cravens - Frank Penn - Carolyn Plumlee - William Wilson - Eunice Beatty - Will Berkley - Karen Mundy

Absent: - Patrick Brewer

Late: None recorded

Votes and Decisions

The meeting included 15 votes, all conducted by voice vote.

Postponements

Plan 2013-78F: Distillery District West was postponed to July 25, 2013, on a motion by Frank Penn, seconded by Carolyn Plumlee 17:32.

DP 2013-57: Jones Subdivision was postponed to August 8, 2013, on a motion by Mike Cravens, seconded by Carolyn Plumlee 18:34.

Consent Agenda and Subdivision Approvals

The Consent Agenda, including 13 subdivision plats and one plat revocation, was approved on a motion by Frank Penn, seconded by Carolyn Plumlee 24:14.

Plan Reapprovals

Plan 2007-241F: Gess Property, Unit 6-C was reapproved on a motion by Carla Blanton, seconded by Karen Mundy, contingent on Building Inspection's approval of landscaping and required street tree information, USPS approval of mailbox locations, and Urban Forester's approval of required street tree information 27:36.

Section 2 of Plan 2006-240F: Newmarket, Phase I, Unit 1-E was reapproved on a motion by Frank Penn, seconded by Carolyn Plumlee 30:24.

Plan 2008-138F: Meadow Oaks, Unit 1A was reapproved on a motion by Frank Penn, seconded by Carolyn Plumlee, with conditions requiring collection of financial surety for sidewalk construction and waiver of Article 4-7(d)(9)(c) regarding sidewalk bonding 40:52.

Plan 2008-139F: Meadow Oaks, Unit 1B was reapproved on a motion by Frank Penn, seconded by Carolyn Plumlee, with the same sidewalk-related conditions 41:28.

Plan 2008-140F: Meadow Oaks, Unit 1C was reapproved on a motion by Frank Penn, seconded by Carolyn Plumlee, with the same sidewalk-related conditions 42:02.

Additional Approvals

Plan 2012-59F: Marshall Property, Unit 2K was approved with a waiver of timing of final pavement on access easements, on a motion by Frank Penn, seconded by Carolyn Plumlee 45:49.

Revised ZDP 2012-76: Deerfield Shopping Center was approved on a motion by Frank Penn, seconded by Carolyn Plumlee, with five conditions regarding stormwater sewer locations, tree protection, and FEMA floodplain documentation 1:04:59.

Release and call of performance bonds and letter of credit was approved on a motion by Frank Penn, seconded by Carolyn Plumlee 1:05:29.

PFR 2013-3: Henry Clay High School soccer storage building was approved on a motion by Carolyn Plumlee, seconded by Carolyn Plumlee 1:10:31.

Administrative Matters

The slate of officers for the 2013-2014 term was approved on a motion by Frank Penn, seconded by Carolyn Plumlee 1:12:08.

Delegation of Secretary of Duties to the Director of Division of Planning was approved on a motion by Frank Penn, seconded by Carolyn Plumlee 1:13:13.

The meeting was adjourned on a motion by Frank Penn, seconded by Carolyn Plumlee 1:14:20.

Public Comment

Four speakers addressed the board during the public comment period.

Meadow Oaks Plats Reapproval 37:01

Rory Kahly, representing EA Partners, spoke in support of reapproval for the three Meadow Oaks plats. He confirmed the company's agreement with all conditions and requested approval. Kahly noted that the financial surety for sidewalks had already been submitted upon recording of Section 1.

Marshall Property Unit 2K Reapproval 45:16

Rory Kahly again represented EA Partners, this time regarding the Marshall Property Unit 2K. He confirmed agreement with the conditions for a one-year extension and requested approval. Kahly noted that a waiver for access easement paving timing had been previously granted.

ZDP 2012-76: Deerfield Shopping Center 56:08

Mr. Simpson, speaking for the developer, emphasized significant modifications to the hotel proposal. He highlighted reduced height, enhanced stormwater management, and enforceable commitments to architectural conformity and screening. Simpson pledged ongoing community engagement moving forward.

PFR 2013-3: Henry Clay High School Soccer Storage Building 1:09:50

Mr. Hoke, representing Henry Clay High School, addressed the proposed soccer storage building. He confirmed the structure is designed for seasonal use and small in scale. Hoke stated the building supports the school's goal of becoming a world-class facility.

Appointments

The following individuals were appointed to the Urban County Planning Commission:

• Mike Owens
• Mike Cravens
• Carla Blanton
• William Wilson

Contested Items

ZDP 2012-76: Deerfield Shopping Center

The hotel proposal for the Deerfield Shopping Center generated community opposition centered on several design and environmental concerns. The primary issues raised involved the proposed building's height, screening measures, and potential impacts on the surrounding neighborhood, particularly along Nicholasville Road.

In response to community concerns, the applicant committed to implementing enhanced landscaping and buffering measures to mitigate the project's visual and environmental effects on adjacent properties and the broader neighborhood character.

Distillery District West (AMD)

Item Identifier: 2013-78F

Discussion Type: Subdivision Plan Review

The meeting included discussion of a proposal to subdivide one lot into two lots within the Distillery District West area. 16:54

Key Participants

Justin Drury was the primary speaker on this agenda item.

Issues and Concerns

The subdivision proposal faced a significant obstacle related to sanitary sewer service. Concerns about the adequacy or feasibility of sanitary sewer service to support the proposed subdivision were raised during the discussion.

Outcome

A motion was made to postpone consideration of this item to July 25, 2013. The motion was seconded and carried unanimously, meaning all council members present voted in favor of the postponement.

Jones Subdivision

Identifier: DP 2013-57

The Commission considered the Jones Subdivision proposal during this meeting. Mr. Marker presented the item for discussion.

Action Taken

The plan was postponed to August 8, 2013, at the request of the applicant. The Commission accepted this postponement request without further discussion, and the motion to postpone passed unanimously.

18:03

Peggy B. Queen Property

Identifier: 2013-63F

A proposal to subdivide one lot into two lots on the Peggy B. Queen Property was presented as part of the consent agenda 20:12.

Presentation and Approval

Bill Sallee presented this item to the board. The subdivision plan was approved as part of the consent agenda.

Conditions

The approval included the following conditions:

• Compliance with zoning ordinances
• Compliance with utility easements

Outcome

The subdivision proposal was approved.

Lakeview Estates, Units 2B & 2E (AMD)

Identifier: 2013-64F

Overview

This agenda item concerned a plan to subdivide one lot into eight lots at Lakeview Estates, Units 2B & 2E. The item was presented as part of the consent agenda.

Key Presentation

Bill Sallee presented this matter 20:12.

Required Finding

The approval included a required finding regarding the use of the proposed access easement as the sole access to the property.

Outcome

The subdivision plan was approved as part of the consent agenda.

Magna Entertainment

Magna Entertainment was approved as part of the consent agenda during the meeting. 20:52

Approval and Conditions

The plan received approval with the following conditions:

• Compliance with zoning requirements
• Utility easements
• Utility provider listing

Key Speaker

Bill Sallee was the key speaker on this agenda item.

Outcome

The item was approved as presented.

Gess Property, Unit 6-J

Identifier: 2013-66F

Item Type: Consent Agenda

Bill Sallee presented this agenda item, which was approved as part of the consent agenda. 20:52

Approval Conditions

The plan approval included the following conditions:

• Environmental review
• Exactions
• Resolution of USA boundary screening

Outcome

The Gess Property, Unit 6-J plan was approved.

Gess Property, Unit 6-K

The Gess Property, Unit 6-K (Agenda Item 2013-67F) was approved as part of the consent agenda 20:52.

Approval and Conditions

The plan received approval with several conditions attached to the decision:

• Greenspace treatment requirements
• Exactions
• USA boundary screening resolution

Presenter

Bill Sallee presented this agenda item.

Outcome

The item was approved as part of the consent agenda.

Gess Property, Unit 11-F

Item Number: 2013-68F

Type: Consent Agenda Item

Outcome: Approved

The plan for Gess Property, Unit 11-F was approved as part of the consent agenda 20:52. Bill Sallee presented this item.

The approval included several conditions:

• Exactions
• Boundary corrections
• USA boundary screening resolution

No additional discussion or debate was documented for this consent agenda item.

Gess Property, Unit 11-G

Identifier: 2013-69F

Type: Consent Agenda Item

Outcome: Approved

The plan for Gess Property, Unit 11-G was approved as part of the consent agenda 20:52. Bill Sallee presented the item.

The approval included several conditions that the project must satisfy:

• Greenspace treatment
• Exactions
• USA boundary screening resolution

No additional discussion or debate regarding this item was documented in the meeting record.

Gess Property, Unit 11-H

The Gess Property, Unit 11-H (agenda item 2013-70F) was approved as part of the consent agenda 20:52.

Outcome

The plan received approval with the following conditions:

• Exactions
• Boundary corrections
• USA boundary screening resolution

Presenter

Bill Sallee presented this item to the body.

NDC Property, Unit 1, Lot 4B (AMD)

Agenda Item 2013-71F

This item, presented as part of the consent agenda, addressed a plan to subdivide one lot into two lots on the NDC Property, Unit 1, Lot 4B. 20:52

Presentation and Approval

Bill Sallee presented this matter to the board. The subdivision plan was approved as part of the consent agenda without recorded objections or extended discussion.

Conditions

The approval included the following conditions:

• Property owner information documentation
• Adjacent plat details
• Homeowners association note

Outcome

The subdivision plan was approved.

Angliana Avenue – Trinitas Housing Project (AMD)

The Angliana Avenue – Trinitas Housing Project (AMD) was presented as part of the consent agenda 22:34. Bill Sallee addressed this item.

The plan received approval with several conditions attached to the decision:

• Lot dimension verification
• Easement release
• Intersection improvement timing

The project was approved as presented on the consent agenda.

Higbee Mill Reserve, Lot 3-H (AMD)

This item was approved as part of the consent agenda 22:34.

Outcome

The plan for Higbee Mill Reserve, Lot 3-H was approved. The approval included a required finding regarding the use of the proposed access easement as the sole access to the property.

Key Participants

Bill Sallee was the key speaker on this agenda item.

Highwood Center (Lexmark International, Inc.) (AMD)

Identifier: 2012-72F

Overview

The Highwood Center plan amendment was presented as part of the consent agenda 23:05. Bill Sallee addressed this item.

Action Taken

The plan was approved with the following modifications:

• One-year extension granted
• Removal of the Technical Committee review condition

Outcome

The amendment was approved as part of the consent agenda.

Goodrich Property (Revocation Plat)

Agenda Item: 90-150C

The Goodrich Property plat revocation was presented as part of the consent agenda 23:42. Bill Sallee was the key speaker on this item.

The Subdivision Committee recommended approval of the plat revocation. The item was approved as part of the consent agenda without additional discussion or debate recorded.

Outcome: Approved

Gess Property, Unit 6-C

Identifier: 2007-241F

The plan for Gess Property, Unit 6-C was reapproved during this meeting with several revised conditions. 25:17

Key Speakers

The discussion involved Rory Kahly and Cheryl Gallt.

Revisions and Conditions

The reapproval included the following modifications:

• Updated landscaping requirements
• Revised tree approval responsibilities
• Removal of USPS approval from Building Inspection requirements

Outcome

The plan was approved with these revised conditions in place.

Newmarket, Phase I, Unit 1-E

Identifier: 2006-240F

The plan for Newmarket, Phase I, Unit 1-E was discussed and reapproved for Section 2 with original conditions. 28:08

Key Speakers: - Rory Kahly - Dave Jarman

Outcome:

The agenda item was approved. The applicant confirmed agreement with the staff's recommendations, and the plan was reapproved for Section 2 with the original conditions intact.

Meadow Oaks, Unit 1-A (Ashford Oaks)

Identifier: 2008-138F

Overview

The plan for Meadow Oaks, Unit 1-A (Ashford Oaks) was discussed and reapproved during this meeting 32:01.

Key Speaker

Tom Martin presented on this agenda item.

Outcome

The plan was approved with conditions. The reapproval included the following requirements:

• Financial surety for sidewalks
• A previously granted waiver for sidewalk bonding

Meadow Oaks, Unit 1-B (Ashford Oaks)

Identifier: 2008-139F

Discussion Type: Plan Reapproval

Tom Martin presented on the Meadow Oaks, Unit 1-B (Ashford Oaks) project 32:01. The plan was reapproved with specific conditions attached to the approval.

Conditions of Approval:

• Financial surety for sidewalks
• Previously granted waiver for sidewalk bonding

Outcome: Approved

Meadow Oaks, Unit 1-C (Ashford Oaks)

Identifier: 2008-140F

Overview

The plan for Meadow Oaks, Unit 1-C (Ashford Oaks) was discussed and reapproved during this meeting 32:01.

Key Speaker

Tom Martin presented on this agenda item.

Outcome

The plan was approved with conditions. The reapproval included the following requirements:

• Financial surety for sidewalks
• A previously granted waiver for sidewalk bonding

Marshall Property, Unit 2K

43:14

The Marshall Property, Unit 2K was presented for discussion and approval. Tom Martin addressed the agenda item.

The plan received approval with two modifications: a one-year extension was granted, and a waiver was issued for the timing of final pavement on access easements.

Deerfield Shopping Center (ZDP)

Identifier: 2012-76

Type: Discussion

Outcome: Approved

The revised zoning development plan for Deerfield Shopping Center was presented and discussed, with Tom Martin and Mr. Simpson serving as key speakers on this agenda item 46:36.

The plan was approved subject to several conditions designed to address environmental and infrastructure concerns:

• Stormwater management requirements were established as a condition of approval
• Tree protection measures were incorporated into the approval conditions
• Right-of-way encroachment issues were required to be resolved

The approval of the revised zoning development plan reflects the body's determination that the project, with these specified conditions in place, meets the necessary standards for development in the area.

Fayette County Public Schools – Henry Clay High School (PFR)

1:06:04

The public facility review for a soccer storage building at Henry Clay High School was presented for consideration. Barbara Rackers and Mr. Hoke were the key speakers on this agenda item.

Staff confirmed that the proposed soccer storage building complies with the comprehensive plan. No concerns were raised during the discussion.

The public facility review was approved.