Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on September 12, 2013, at 1:34 p.m. in the Council Chamber, 2nd Floor of the LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting.

The Commission considered nine agenda items and took 15 votes during the session. The meeting included three public comments from members of the public. All nine items on the agenda were approved, including:

• Masterson Hills, Unit 1-C
• Lakeview Industrial Subdivision, Unit 3, Lots 1A & 1B
• Kingston Hall, Unit 2
• The Coach House-South Broadway Property
• Fayette Mall (AMD #12)
• Brookhaven Subdivision (AMD #10)
• Zoning Ordinance Text Amendment 2012-9
• Tates Creek High School Band Tower
• Fayette County Public Schools Elementary School Site

Attendance

Present: Mike Owens, Eunice Beatty, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, Bill Wilson, Carla Blanton, and Frank Penn.

Absent: Patrick Brewer.

Late arrivals: None.

Votes and Decisions

Approval of Minutes 13:05 The Commission unanimously approved minutes from the June 27, 2013 and July 25, 2013 meetings. Motion by Mr. Penn, seconded by Ms. Plumlee. Vote: 10-0.

Postponements Three items were postponed by unanimous vote: - PLAN 2013-99F: Willow Glen, Unit 4 (AMD) postponed to September 26, 2013 14:43. Motion by Ms. Plumlee, seconded by Ms. Mundy. Vote: 10-0. - DP 2013-80: Ellerslie Place, Lots 2 & 2A (AMD) postponed to September 26, 2013 15:48. Motion by Mr. Cravens, seconded by Ms. Mundy. Vote: 10-0. - DP 2013-74: Glen Creek (Dove Creek) (AMD) postponed to October 10, 2013 16:57. Motion by Ms. Plumlee, seconded by Ms. Mundy. Vote: 10-0.

Consent Agenda 20:27 The Commission unanimously approved consent agenda items including PLAN 2013-95F, 2013-96F, 2013-97F, 2013-106F, DP 2013-72, and DP 2013-79. Motion by Ms. Plumlee, seconded by Ms. Mundy. Vote: 10-0.

Bond Release and Call 22:25 The Commission unanimously approved release and call of bonds dated September 12, 2013. Motion by Ms. Beatty, seconded by Mr. Cravens. Vote: 10-0.

Development Plans and Plats - PLAN 2013-98F: Masterson Hills, Unit 1-C approved unanimously 45:03. Motion by Mr. Penn, seconded by Mr. Penn. Vote: 10-0. Conditions included addition of cemetery lot and 5-foot side yard setback on adjacent lots. - DP 2013-61: Lakeview Industrial Subdivision, Unit 3, Lots 1A & 1B approved unanimously 51:19. Motion by Ms. Blanton, seconded by Mr. Cravens. Vote: 10-0. - DP 2013-64: Kingston Hall, Unit 2 approved unanimously 1:25:13. Motion by Mr. Finn, seconded by Mr. Cravens. Vote: 10-0. - DP 2013-71: The Coach House-South Broadway Property approved with split vote 1:48:45. Motion by Mr. Cravens, seconded by Mr. Cravens. Vote: 9-1, with Ms. Carla Blanton voting against. - DP 2013-73: Fayette Mall (AMD #12) approved unanimously 2:23:32. Motion by Mr. Berkley, seconded by Ms. Mundy. Vote: 10-0. - DP 2013-19: Brookhaven Subdivision (AMD #10) approved unanimously 2:28:47. Motion by Ms. Blanton, seconded by Mr. Cravens. Vote: 10-0.

Zoning Ordinance Text Amendment ZOTA 2012-9 approved unanimously 2:48:47. Motion by Ms. Blanton, seconded by Mr. Cravens. Vote: 10-0. Amendment addressed rehabilitation homes and tattoo parlors.

Comprehensive Plan Compliance - PFR 2013-8: Tates Creek High School band tower request recognized as compliant with comprehensive plan 2:54:20. Motion by Mr. Cravens, seconded by Mr. Cravens. Vote: 10-0. - PFR 2013-6: Fayette County Public Schools elementary school property purchase approved 3:00:54. Motion by Mr. Cravens, seconded by Mr. Cravens. Vote: 10-0.

Public Comment

Three speakers provided public comment during the meeting.

Dr. Poole 1:15:54 addressed concerns regarding a buffer with her property in relation to a proposed hospice development. She requested clarification on plans for a solid visual barrier to be installed to protect her horses from view of the development. Dr. Poole also expressed concern about her property being opened up to the parking lot and buildings associated with the project.

Mr. Penn spoke twice during the public comment period.

In his first comment 2:21:51, Mr. Penn raised concerns about bus stop access at Fayette Mall. He expressed doubt that a single bus stop at the front of the facility would be sufficient for such a large location. Mr. Penn suggested the need for a backup plan to establish a second bus stop to improve access for people located in the far corners of the mall.

In his second comment 2:44:46, Mr. Penn sought clarification on the balance between public safety and fair housing rights. His question specifically addressed the placement of rehabilitation homes near schools and child care centers.

Contested Items

Cemetery Lot Inclusion and Setbacks

The applicant and the Commission disagreed over the required 5-foot side yard setback for cemetery lot inclusion. The applicant opposed the setback requirement, arguing that it would reduce the overall lot size. However, staff and the Commission emphasized the importance of the setback to prevent a canyon-like appearance and to protect the cemetery. The Commission ultimately approved the proposal with the 5-foot setback in place.

Buffer with Poole Property

Dr. Poole raised concerns about the proposed hospice development's visual impact on her adjacent property. Specifically, she expressed concern about the visual exposure of her horses to the development and requested that a solid visual barrier be installed. The Commission agreed with her concern and added a condition to the approval requiring a solid visual barrier between the hospice development and the Poole property.

Bus Stop at Fayette Mall

Mr. Penn questioned whether a single bus stop would be adequate for the large Fayette Mall facility. He suggested that a second bus stop might be necessary to serve the mall's size and anticipated usage. While the Commission approved the plan as presented with one bus stop, Mr. Penn's concern was noted as a potential issue that may need to be addressed in the future.

Masterson Hills, Unit 1-C

Plan Identifier: PLAN 2013-98F

The Planning Commission discussed the Masterson Hills, Unit 1-C development proposal 21:49. Key participants in the discussion included Mr. Martin, Rory Kahly, Mr. Penn, and Mr. Drake.

Issues Discussed

Two primary matters were addressed during the review:

• Cemetery lot inclusion: The Commission discussed the inclusion of a cemetery lot on the plat for the development.

• Setback and fence height requirements: The Commission considered proposed design standards, specifically a 5-foot side yard setback and a 4-foot fence height restriction. These requirements were intended to prevent a canyon-like appearance in the development.

Applicant Concerns

The applicant opposed the increased side yard setback requirement, arguing that the 5-foot setback would reduce the usable size of individual lots in the development.

Outcome

The Planning Commission approved the plan with a requirement for a 5-foot side yard setback. The approval incorporated the design standards intended to maintain the visual character of the development.

Lakeview Industrial Subdivision, Unit 3, Lots 1A & 1B

Identifier: DP 2013-61

The Commission reviewed a revised development plan for Lakeview Industrial Subdivision, Unit 3, Lots 1A & 1B. 46:42

Presentation and Key Points

The revised plan incorporated improvements to site circulation and updated stormwater management systems. Staff recommended approval of the plan subject to revised conditions.

Key Speakers

• Mr. Martin
• Kyle Crater

Outcome

The Commission approved the development plan.

Kingston Hall, Unit 2

Identifier: DP 2013-64

The Commission discussed a hospice development proposal during this agenda item 51:49. Key speakers included Mr. Martin, Richard Murphy, Dr. Poole, and Mr. Selle.

Discussion Topics

The Commission examined several aspects of the proposed development:

• Access points to the facility
• Buffer requirements between the hospice and adjacent properties
• Construction of a cul-de-sac as part of the site plan

Applicant Commitments

The applicant made the following agreements to address Commission concerns:

• Installation of a solid visual barrier
• Implementation of phased construction to manage impacts during development

Outcome

The Commission approved the plan with revised conditions. The approval reflected the applicant's willingness to incorporate the requested modifications regarding site design, visual screening, and construction sequencing.

The Coach House-South Broadway Property

Project Identifier: DP 2013-71

The Commission discussed the development proposal for The Coach House-South Broadway Property 1:26:20. Key participants in the discussion included Mr. Martin, Rob Hefner, Mr. Penn, and Mr. Berkley.

Main Issues Debated

The central point of contention involved access design for the drive-through facility. The Commission debated whether to allow full access or restrict the drive-through to right-in, right-out access only. The applicant, represented by Rob Hefner, argued in favor of full access to the property.

Concerns Raised

Commission members raised concerns regarding:

• Traffic safety implications of the proposed access configuration
• Pedestrian access and safety considerations related to the drive-through design

Outcome

The Commission approved the plan with a split vote, indicating that while the proposal received approval, commissioners were divided on the decision. The approval allowed the applicant's preferred full access design for the drive-through to proceed.

Fayette Mall (AMD #12)

Project Identifier: DP 2013-73

Discussion Type: Redevelopment Plan

The Commission discussed Amendment #12 to the Fayette Mall development, focusing on the redevelopment of the Sears space and related site improvements. 1:56:51

Key Participants

The discussion involved Mr. Martin, Jennifer Greer, and Mr. Penn.

Issues Discussed

The Commission addressed three primary concerns:

• Sears Space Redevelopment: The proposed plans for reusing the Sears retail space
• Pedestrian Access to Transit: Ensuring adequate pedestrian connectivity and access to transit facilities
• Big Box Design Guidelines Compliance: Whether the proposal met applicable design standards for large retail structures

Applicant Response

The applicant agreed to make improvements to address Commission concerns, specifically committing to:

• Delineate the entrance to improve clarity and wayfinding
• Enhance pedestrian access throughout the site

Outcome

The Commission approved the amendment. The plan, as modified by the applicant's commitments, was found to satisfy the requirements for pedestrian access, transit connectivity, and design guideline compliance.

Brookhaven Subdivision (AMD #10)

Item: DP 2013-19

Type: Discussion

Timestamp: [2:24:53]

The Commission reviewed a proposed amendment to the Brookhaven Subdivision involving a change from retail space to a restaurant use.

Key Participants: - Mr. Martin - Mr. Ladenberger

Action Taken:

The Commission approved the plan with revised conditions. The approval required the following documentation and compliance measures:

• Documentation of water quality approval
• Verification of parking compliance

Outcome: Approved

Zoning Ordinance Text Amendment 2012-9

2:29:17

The Commission reconsidered regulations governing rehabilitation homes and tattoo parlors under Zoning Ordinance Text Amendment 2012-9.

Staff Recommendation

Staff recommended maintaining rehabilitation homes as principal uses in certain zones while implementing a 500-foot setback requirement from schools. For tattoo parlors, staff recommended allowing them as conditional uses.

Key Participants

The discussion involved Tracy Jones, Mr. Penn, and Ms. Blanton.

Outcome

The Commission approved the amendment.

Tates Creek High School Band Tower

The Planning Commission reviewed a request for a 45-square-foot van tower for the Tates Creek High School band during this agenda item 2:49:56.

Presentation and Review

Staff presented the proposal and confirmed that the request complied with the comprehensive plan. The van tower was intended to serve the high school band program.

Key Participants

Barb Rackers and Andrew Moore were the primary speakers on this agenda item.

Outcome

The Planning Commission approved the request for the van tower.

Fayette County Public Schools Elementary School Site

The Commission reviewed a proposal for the purchase of a 15-acre property intended for an elementary school. Barb Rackers presented the item to the Commission.

Staff confirmed that the proposed site complies with the comprehensive plan. In addition to approving the property purchase, staff recommended that a greenway trail connection be incorporated into the project.

The Commission approved the request.