Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on October 10, 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 10 agenda items. The Commission took 9 motions and votes during the session and heard 4 public comments.

Of the 10 properties and projects on the agenda, the Commission approved 6 items: Chevy Chase Place, Joseph G. Dodge Farm – Tract 2-B (Lane Allen Shopping Center – Turfland Mall), Thoroughbred Properties LLC, Arnold Properties LLC, Wiggins & Company, and Belleau Woods Shopping Center (Tates Creek Shopping Centre, Lot 5). Four items were postponed for further consideration: Grifftown LLC Property, Mapleleaf Subdivision Unit 1, Glen Creek (Dove Creek), and Ellerslie Place Lots 2 & 2A (Midland Crossing). The postponed items were scheduled for future meetings with dates ranging from November 3, 2013, through December 24, 2013.

Attendance

Present: Mike Owens, Eunice Beatty, Patrick Brewer, David Drake, Carolyn Plumlee, Carla Blanton, and Frank Penn

Absent: Will Berkley, Mike Cravens, Karen Mundy, and Bill Wilson

Late: None reported

Votes and Decisions

Approval of Minutes 10:54 The body unanimously approved minutes from August 22, 2013, and September 26, 2013. The motion was made by Carolyn Plumlee and seconded by Patrick Brewer. All seven members voted in favor: Mike Owens, Eunice Beatty, Patrick Brewer, David Drake, Carolyn Plumlee, Carla Blanton, and Frank Penn.

Postponements Four items were postponed by unanimous vote:

• Plan 2013-110F: Mapleleaf Subdivision, Unit 1 (AMD) postponed to October 24, 2013 12:36. Motion by Frank Penn, seconded by Carolyn Plumlee. Vote: 7-0.

• Plan 2013-108F: Grifftown, LLC Property postponed to October 24, 2013 13:46. Motion by Carolyn Plumlee, seconded by Frank Penn. Vote: 7-0.

• DP 2013-74: Glen Creek (Dove Creek) (AMD) postponed to November 14, 2013 14:48. Motion by Patrick Brewer, seconded by Carolyn Plumlee. Vote: 7-0.

• DP 2013-80: Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) postponed to October 24, 2013 15:56. Motion by Carolyn Plumlee, seconded by Eunice Beatty. Vote: 7-0.

Consent Agenda Approval 18:40 The body conditionally approved Consent Agenda items Plan 2013-109F, Plan 2013-116F, DP 2013-78, and DP 2013-82. Motion by Frank Penn, seconded by Patrick Brewer. Vote: 7-0. Approval was conditioned on 30 requirements including acceptance by the Urban County Engineer of drainage and sewers, approval of landscaping by Building Inspection, and various technical revisions to the plans.

Plan 2013-115F Approval 37:02 Joseph G. Dodge Farm – Tract 2-B (Lane Allen Shopping Center – Turfland Mall) (AMD) was approved with waiver of Article 6-8(q)(3) of Land Subdivision Regulations. Motion by Patrick Brewer, seconded by Carolyn Plumlee. Vote: 7-0. Approval included 17 conditions.

DP 2013-83 Approval 42:11 Belleau Woods Shopping Center (Tates Creek Shopping Centre) (Lot 5) (AMD) was approved with revised conditions. Motion by Carla Blanton, seconded by Carolyn Plumlee. Vote: 7-0. Approval included 19 conditions.

Bond Release and Call 42:44 The body approved release and call of bonds dated October 10, 2013. Motion by Carla Blanton, seconded by Patrick Brewer. Vote: 7-0.

Public Comment

Four speakers addressed the board during the public comment period.

Greg Isaacs 12:03 representing Palmer Engineering, requested a two-week postponement of the Mapleleaf Subdivision plat (Plan 2013-110F) to address development plan issues. The postponement was granted.

John Nippor 34:22 representing Endris Engineering, responded to questions regarding Plan 2013-115F. He confirmed that the Walgreens store would be oriented to face the intersection of Lane Allen and Harrodsburg Road, with dumpsters located in the rear. Nippor expressed support for the staff's recommendation.

Michael Rickey 34:57 representing Anchor Properties, also spoke in support of Plan 2013-115F. He confirmed the Walgreens orientation and agreed with staff recommendations, noting that any significant changes to the project would require a new development plan.

John DePore 41:32 representing Endris Engineering, addressed the Bella Woods Shopping Center amendment (DP 2013-83). He accepted the revised conditions and requested approval for the project.

Contested Items

Waiver of Article 6-8(q)(3) for Right-in/Right-out Access

A request for a waiver under Article 6-8(q)(3) to permit right-in/right-out access on Lane Allen Road generated discussion among meeting participants. The proposed access point would be located less than 400 feet from an existing access, which ordinarily would not be permitted under standard regulations.

The disagreement centered on public safety concerns and the potential precedent that approving the waiver might establish. Participants raised questions about whether allowing this exception could lead to similar requests in the future and what the implications might be for traffic safety and road operations.

Despite the split among those present, the waiver was ultimately approved, though the approval came with conditions attached to address the concerns that had been raised during deliberation.

GRIFFTOWN, LLC PROPERTY (12/2/13)*

13:11

The meeting included discussion of a property subdivision plan for Grifftown, LLC involving property at 128-132 York Street. The agenda item was identified as 2013-108F.

Key Participants

The discussion involved Tom Martin, Carolyn Plumlee, and Frank Penn.

Issue Presented

The applicant presented a plan to subdivide the property at 128-132 York Street. However, concerns were raised regarding compliance with Article 4-5(a) of the Zoning Ordinance, which governs non-conforming lots.

Outcome

The subdivision plan was postponed. The applicant requested a two-week postponement, which was granted by the meeting body.

CHEVY CHASE PLACE (12/2/13)*

A proposal to subdivide one lot into five lots at 866 E. High Street was presented for approval. 17:01

Key Speakers

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

Proposal and Approval

The subdivision plan was conditionally approved as part of the consent agenda. The approval included standard sign-off conditions and required revisions to the front setback and lot designation.

Outcome

The proposal was approved.

MAPLELEAF SUBDIVISION, UNIT 1 (AMD) (12/2/13)*

12:03

This agenda item addressed an amendment to subdivide one lot into five lots at 3140-3150 Mapleleaf Drive.

Key Participants

Greg Isaacs and Tom Martin led the discussion on this matter.

Discussion and Concerns

The amendment proposal involved subdividing a single lot into multiple parcels at the Mapleleaf Drive location. During review, conflicts were identified between the proposed subdivision and the previously approved development plan for the property. Additionally, questions arose regarding lot numbering and the placement of building lines that required clarification before the proposal could move forward.

Outcome

The item was postponed to allow time for resolution of the identified conflicts with the approved development plan and to clarify the lot numbering and building line specifications. No further action was taken at this meeting.

JOSEPH G. DODGE FARM – TRACT 2-B (LANE ALLEN SHOPPING CENTER – TURFLAND MALL) (A

Agenda Item: 2013-115F

Type: Discussion

Outcome: Approved

The amendment to subdivide one lot into two lots at 2001 Harrodsburg Road was approved by the body. The approval included a waiver of Article 6-8(q)(3) of the Land Subdivision Regulations.

Key Details:

The subdivision plan allows for a right-in/right-out access on Lane Allen Road. The approval is contingent on: - Frontage improvements - Technical review

Key Speakers:

• Tom Martin
• John Nippor
• Michael Rickey

The discussion on this item occurred approximately 19 minutes and 13 seconds into the meeting 19:13.

THOROUGHBRED PROPERTIES, LLC (AMD) (12/24/13)*

17:35

An amendment to subdivide one lot into two lots at 904 North Broadway was presented for consideration. Bill Sallee and Tom Martin were the key speakers on this agenda item.

The proposal was conditionally approved as part of the consent agenda. The approval included the following conditions:

• Record plat designation
• Site statistics
• Removal of building from plan

The amendment received approval with these specified requirements in place.

GLEN CREEK (DOVE CREEK) (AMD) (11/3/13)*

Agenda Item 2013-74

An amendment to the Glen Creek (Dove Creek) development was discussed regarding proposed changes at 1145 & 1156 Appian Crossing Way. The amendment would delete townhouses from the original plan and add four apartment buildings in their place.

Key Speakers

Tom Martin and Patrick Brewer led the discussion on this agenda item.

Concerns Raised

The primary concern addressed during the discussion involved circulation and access on Jones Trail. These issues were significant enough to warrant further review before the amendment could be approved.

Outcome

The amendment was postponed for one month to allow time to address the circulation and access concerns on Jones Trail. 14:17

ELLERSLIE PLACE, LOTS 2 & 2A (MIDLAND CROSSING) (AMD) (11/26/13)*

15:21

An amendment to revise site plans for apartments and commercial use at 222 Midland Avenue and 225 Walton Avenue was discussed. The proposed development, known as Midland Crossing, involved modifications to previously approved plans.

Key speakers Tom Martin and Carolyn Plumlee addressed the matter. During the discussion, concerns were raised regarding neighborhood notification and zoning compliance issues that required further attention before the item could proceed.

The meeting resulted in a postponement of the amendment for two weeks to allow time to address these outstanding issues.

ARNOLD PROPERTIES, LLC (AMD) (12/2/13)*

An amendment regarding parking and circulation changes at 1171 Appian Crossing Way was presented for consideration 17:35. The item was identified as agenda item 2013-78 and presented by Bill Sallee and Tom Martin.

The amendment proposed modifications to the parking and circulation layout at the property. The proposal was conditionally approved as part of the consent agenda, with several conditions attached to the approval:

• Site statistics requirements
• Building lines specifications
• Sidewalk relocation

The conditional approval indicates that while the amendment was accepted, the applicant must satisfy the specified conditions before proceeding with implementation of the parking and circulation changes.

Outcome: Approved with conditions

WIGGINS & COMPANY (AMD) (12/2/13)*

An amendment to modify the building and parking layout at 2510 Nicholasville Road was presented for consideration. 18:10

Key Speakers

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

Outcome

The amendment received conditional approval as part of the consent agenda. The approval included the following conditions:

• Revised notes to be submitted
• Clarification of the vicinity map to be provided

BELLEAU WOODS SHOPPING CENTER (TATES CREEK SHOPPING CENTRE) (LOT 5) (AMD) (12/2/13)

38:10

The board discussed an amendment to reconfigure the buildable area and vehicular access for Lot 5 at 4161 Tates Creek Centre Drive. Tom Martin and John DePore were the key speakers on this agenda item.

The amendment proposal involved modifications to the site plan for the shopping center lot, specifically addressing how the buildable area would be configured and how vehicles would access the property. During the discussion, the board raised and addressed concerns related to tree protection areas and floodplain considerations for the site.

The board approved the amendment with revised conditions. These conditions included requirements for verification of the tree protection area and further discussion regarding floodplain issues affecting the property. The approval reflected the board's confidence in the revised proposal while ensuring that environmental and site-specific concerns were properly documented and addressed through the conditions placed on the approval.