Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on December 12, 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 16 agenda items, 13 motions and votes, and 5 public comments.

The Commission approved 12 of the items on its agenda. These approvals included projects for David Tucker, Sr., Ann Tucker & David Tucker, Jr.; multiple phases and units of the Blackford Property; the Doc Ferrell Property amendment; Tuscany Unit 3-A; Coventry (Belmont Farms) Unit 8; amendments to Newmarket Property Phase 1 and Unit 7; Centerpointe amendment; Thoroughbred Properties, LLC amendment; Newmarket Property Unit 7 and a portion of Unit 1 amendment; Turfland Mall amendment; Lexington Mall Property (Southland Christian Church); and Coldstream Park Lot 1.

Three items were postponed: Springdale Subdivision Unit 2 Block A Lots 1, 2 & 3; Harvey Property; and Glen Creek (Dove Creek) amendment.

Attendance

Present: Mike Owens, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, Bill Wilson, Patrick Brewer, and Frank Penn.

Absent: Carla Blanton and Eunice Beatty.

Late: David Drake.

Votes and Decisions

The meeting held on December 12, 2013 included 14 votes, all of which passed by voice vote with no dissenting votes or abstentions.

Minutes and Postponements

The minutes from November 21, 2013 were approved 8-0 16:22, with votes in favor from Mike Owens, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, Bill Wilson, and Patrick Brewer. The motion was made by Mr. Cravens and seconded by Mr. Brewer.

Three items were postponed. DP 2013-90 (Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3) was postponed to February 13, 2014 by a 9-0 vote 21:13, with motion by Mr. Penn and second by Ms. Mundy. DP 2013-96 (Harvey Property) was postponed to January 16, 2014 by a 9-0 vote 22:51, with motion by Ms. Plumlee and second by Ms. Mundy. DP 2013-74 (Glen Creek/Dove Creek Amendment) was indefinitely postponed by a 9-0 vote 23:53, with motion by Mr. Brewer and second by Mr. Wilson.

Consent Agenda and Development Plans

The consent agenda was approved 9-0 with exceptions for PLAN 2013-131F, DP 2013-97, and DP 2013-107 35:06, with motion by Mr. Berkley and second by Ms. Mundy.

Eleven development and subdivision plans were then individually approved, all by 9-0 voice votes with all nine members voting in favor: Mike Owens, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, Bill Wilson, Patrick Brewer, and Frank Penn. These included PLAN 2013-126F (Doc Ferrell Property) 43:27, PLAN 2013-131F (Newmarket Property, Phase 1, Unit D) 1:39:47, DP 2013-97 (Newmarket Property, Unit 7) 1:40:51, PLAN 2013-116F (Thoroughbred Properties) 1:59:07, DP 2013-98 (Turfland Mall) 2:27:46, DP 2013-100 (Lexington Mall Property/Southland Christian Church) 2:35:22, and DP 2013-107 (Coldstream Park, Lot 1) 3:02:11.

Bonds

The release and call of bonds dated December 12, 2013 was approved 9-0 2:36:22.

Public Comment

Five speakers provided public comment on various development proposals during the meeting.

Springdale Subdivision

Mr. Bruce Simpson 17:27 requested a postponement of the Springdale Subdivision proposal to allow time to meet with neighbors and address their concerns. Ms. Tee Bergman 19:10 supported the postponement request and asked for reassurance that neighborhood concerns would be addressed.

Harvey Property

Mr. Nick Nicholson 22:20 requested a postponement of the Harvey Property development plan to allow time to revise the plan and address staff concerns.

Newmarket Property, Phase 1, Unit D and DP 2013-97

Ms. Elizabeth Booth 1:00:23 expressed concerns about the development plan's compliance with the EAMP, particularly regarding the 200-foot setback along Deerhaven Lane and the reuse of TDRs. She requested that a fence be installed to define the setback and asked for the plans to be postponed for public review.

Coldstream Park, Lot 1

Mr. Chris Jones 2:46:48 raised concerns about the proposed veterinary distribution center, specifically addressing noise pollution, the lack of noise barriers, lighting, and traffic impacts. He also questioned the speed of the approval process and requested more transparency in the proceedings.

Contested Items

Three items generated significant discussion and disagreement during this meeting:

Newmarket Property, Phase 1, Unit D and DP 2013-97

A resident raised concerns about the proposal's compliance with the EAMP (Environmental Assessment and Mitigation Plan), specifically questioning whether the plan met the required 200-foot setback and the appropriate reuse of TDRs (Transferable Development Rights). The resident requested a postponement to allow for additional public review of these compliance issues.

Coldstream Park, Lot 1

Neighbors expressed multiple concerns about the project's impacts, including noise, lighting, and traffic effects. The discussion became heated as community members raised questions about environmental and community impacts. The speed of the approval process was also a point of contention among those opposing the project.

Turfland Mall (AMD)

A disagreement emerged regarding access point management near a signalized intersection. Staff recommended closing the access point, citing safety or traffic flow concerns. The applicant countered by arguing for retention of the access point, proposing that signage could adequately address the issues staff had raised. This split in positions created a divided discussion about the appropriate resolution.

DAVID TUCKER, SR., ANN TUCKER & DAVID TUCKER, JR.

Agenda Item 2013-117F

Mr. Sallee presented a proposal to subdivide a 141.43-acre tract into two parcels located in the A-R (Agricultural-Residential) zone 28:52.

The subdivision plan was approved with conditions addressing multiple regulatory requirements:

• Utility requirements — conditions related to utility infrastructure and service
• Traffic requirements — conditions addressing traffic impacts and access
• Environmental requirements — conditions for environmental protection and compliance
• Floodplain requirements — conditions related to floodplain management and flood mitigation

The proposal received approval from the body.

BLACKFORD PROPERTY, PHASE I, UNIT 5-C

Identifier: 2013-124F

Overview

The subdivision plan for Blackford Property, Phase I, Unit 5-C was presented for approval. 28:52

Key Speaker

Mr. Sallee presented information on this agenda item.

Conditions of Approval

The plan was approved with the following conditions:

• Stormwater management requirements
• Green space provisions
• Utility easements

Outcome

The subdivision plan for Blackford Parkway was approved.

BLACKFORD PROPERTY, PHASE I, UNIT 5-B

Agenda Item 2013-125F

Mr. Sallee presented the plan for a subdivision at Blackford Parkway. 28:52

The subdivision plan for Blackford Property, Phase I, Unit 5-B was approved with conditions. The approval included requirements addressing three key areas:

• Stormwater management
• Green space provisions
• Utility easements

Outcome: The plan was approved.

DOC FERRELL PROPERTY (AMD)

Identifier: 2013-126F

Type: Discussion

Outcome: Approved

36:32

The amendment to subdivide one lot into three lots on the Doc Ferrell property was presented for consideration. Mr. Martin and Mr. Garland were the key speakers during this agenda item.

The proposal was approved with the following conditions:

• Utility approvals required
• Traffic approvals required
• Environmental approvals required

Additionally, a waiver was granted for Article 6-6(b) as part of the approval.

TUSCANY, UNIT 3-A

28:52

The subdivision plan for TUSCANY, UNIT 3-A on Old Rosebud Road was presented for consideration. Mr. Sallee addressed the meeting regarding this agenda item.

The proposal was approved with conditions. The approval included requirements related to three key areas:

• Stormwater management — conditions were imposed to address stormwater handling for the development
• Green space — requirements were established for green space within the subdivision
• Utility easements — conditions were set regarding utility easement provisions

The subdivision plan received approval from the meeting body.

COVENTRY (BELMONT FARMS), UNIT 8

Identifier: 2013-128F

Type: Discussion

Mr. Sallee presented the subdivision plan for Coventry (Belmont Farms), Unit 8, located on Georgetown Road. 28:52

The plan was reviewed with specific conditions imposed to address environmental protection, utility easements, and floodplain requirements. These conditions were designed to ensure compliance with applicable regulations and protect natural resources in the development area.

Outcome: The plan for the subdivision was approved with the specified conditions related to environmental protection, utility easements, and floodplain requirements.

NEWMARKET PROPERTY, PHASE 1, UNIT D, LOTS 9, 29 & 30 (AMD)

Agenda Item: 2013-131F

44:48

The meeting included discussion of an amendment to the Newmarket Property plan for Phase 1, Unit D, covering Lots 9, 29, and 30. Key speakers in this discussion were Ms. Galt, Mr. Martin, and Mr. Murphy.

The amendment was presented for consideration with several conditions attached to its approval. The conditions addressed the following areas:

• Green space requirements
• Utility easements
• Technical review standards

The amendment to the Newmarket Property plan was approved by the meeting body.

CENTERPOINTE (AMD)

The amendment to the Centerpoint plan was presented for consideration at this meeting 28:52.

Outcome

The amendment was approved with conditions. The approval required documentation and compliance related to utility, traffic, and zoning matters.

Key Participants

Mr. Sallee was the primary speaker on this agenda item.

THOROUGHBRED PROPERTIES, LLC (AMD)

Identifier: 2013-116F

Type: Amendment

An amendment to subdivide a property on North Broadway was presented for consideration. 1:46:24

Key Speakers: - Mr. Emmons - Mr. Isaacs

Discussion and Outcome:

The amendment was approved with modifications. Two conditions related to tree protection and water quality were deleted from the approval. These conditions were removed because they were determined to be unnecessary, as the proposed subdivision involved no physical changes that would trigger the need for such protections.

The amendment was ultimately approved.

SPRINGDALE SUBDIVISION, UNIT 2, BLOCK A, LOTS 1, 2 & 3

Agenda Item 2013-90

The discussion of the Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3 plan took place approximately 17 minutes and 27 seconds into the meeting 17:27.

Key speakers in this discussion included Mr. Simpson and Ms. Bergman.

Outcome

The plan was postponed to February 13, 2014. The postponement was necessitated by neighbor concerns and the need for further revisions to the proposal before it could move forward.

HARVEY PROPERTY

The Harvey Property agenda item was discussed at approximately 22 minutes and 20 seconds into the meeting 22:20.

Mr. Nicholson presented on this matter. The discussion centered on a plan for the Harvey Property that required revisions before proceeding.

Key Issues Addressed

The following areas were identified as requiring revision:

• Greenway access
• Cultural site considerations
• Spring protection

Outcome

The plan was postponed to allow adequate time for these revisions to be completed. The matter is scheduled to be revisited on January 16, 2014.

GLEN CREEK (DOVE CREEK) (AMD)

Outcome: The plan was indefinitely postponed at the applicant's request. 23:23

Key Participant: Mr. Martin

This agenda item concerning Glen Creek (Dove Creek) Amendment was brought before the meeting for discussion. Following remarks from Mr. Martin, the applicant requested that the plan be indefinitely postponed. The request was granted, and no further action was taken on this item at this time.

NEWMARKET PROPERTY, UNIT 7 AND A PORTION OF UNIT 1 (AMD)

Agenda Item 2013-97

The amendment to the Newmarket Property plan for Unit 7 and a portion of Unit 1 was discussed and approved with conditions. 48:08

Key Participants

Mr. Martin and Mr. Murphy were the primary speakers on this agenda item.

Outcome

The amendment was approved subject to conditions related to:

• Green space requirements
• Buildable area specifications
• Environmental Assessment and Mitigation Plan (EAMP) compliance

TURFLAND MALL (AMD)

Agenda Item 2013-98

The board discussed and approved an amendment to the Turfland Mall project regarding square footage and parking revisions. 2:00:47

Key Speakers

The discussion involved Mr. Martin, Mr. Kaling, and Mr. Talbot.

Action Taken

The amendment was approved with conditions. As part of the approval, the following requirements were imposed:

• An access point must be closed
• A pedestrian facility must be provided

The amendment addressed modifications to the project's square footage and parking configuration, with these conditions designed to address access and pedestrian safety concerns.

LEXINGTON MALL PROPERTY (SOUTHLAND CHRISTIAN CHURCH)

Agenda Item 2013-100

An amendment to revise the use and building layout for the Lexington Mall property was presented for consideration. 2:28:52

Key Speakers

Ms. Gall and Ms. Tuttle participated in the discussion of this agenda item.

Outcome

The amendment was approved with conditions. The approval included specific requirements related to:

• Building height
• Floodplain considerations
• Note resolution

Conditions of Approval

The approval was contingent upon addressing these three areas before the project could proceed. The conditions ensured that the revised use and building layout would comply with applicable regulations regarding structural dimensions, environmental factors, and documentation requirements.

COLDSTREAM PARK, LOT 1

Agenda Item 2013-107

The development plan for a veterinary distribution center at Coldstream Park, Lot 1 was presented for consideration 2:36:58.

Key Speakers

The discussion involved Mr. Martin, Ms. Beard, and Mr. Jones.

Outcome

The development plan was approved with 30 conditions. These conditions addressed several operational and design requirements:

• Buffer requirements
• Lighting specifications
• Traffic requirements

Type

This item was presented as a discussion item.