Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on January 16, 2014, 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 eight agenda items and resulted in nine motions and votes. The Commission heard six public comments during the session.

The meeting addressed a mix of property development and administrative matters. Of the eight agenda items considered, three were approved: the Eastland Shopping Center, Lot 4 (AMD); the Approval of Minutes; and the Release and Call of Bonds. Five items were postponed, including the Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) (AMD), the Harvey Property, Fritz Farm, LLC (Summit Lexington Bayer Property), the Headley, Niven & Vance Property (Lots 1, 2 & 3) (AMD), and Lansbrook Plaza Shopping Center.

Attendance

Present: - Mike Owens - Carla Blanton - Mike Cravens - David Drake - Karen Mundy - Carolyn Plumlee - Bill Wilson

Absent: - Eunice Beatty - Will Berkley - Patrick Brewer - Frank Penn

Late: None reported.

Votes and Decisions

Approval of Minutes from November 14, 2013 7:33 Motion by Carla Blanton, seconded by Karen Mundy. Passed unanimously 7-0. All seven members voted in favor: Mike Owens, Carla Blanton, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, and Bill Wilson.

Postponement of DP 2014-1: Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) to January 30, 2014 8:35 Motion by Mike Cravens, seconded by David Drake. Passed unanimously 7-0.

Postponement of DP 2013-96: Harvey Property to February 27, 2014 9:06 Motion by Bill Wilson, seconded by Carolyn Plumlee. Passed unanimously 7-0.

Postponement of DP 2014-2: Fritz Farm, LLC (Summit Lexington Bayer Property) to January 30, 2014 10:38 Motion by Karen Mundy, seconded by Carolyn Plumlee. Passed unanimously 7-0.

Postponement of DP 2013-29: Headley, Niven & Vance Property to February 13, 2014 11:27 Motion by Carolyn Plumlee, seconded by Bill Wilson. Passed unanimously 7-0.

Postponement of DP 2014-4: Lansbrook Plaza Shopping Center to February 13, 2014 12:59 Motion by Karen Mundy, seconded by Carolyn Plumlee. Passed unanimously 7-0.

Approval of PLAN 2014-1F: Eastland Shopping Center, Lot 4 (AMD) 17:57 Motion by Mike Cravens, seconded by Karen Mundy. Passed unanimously 7-0. Approval was conditioned upon thirteen requirements including acceptance of drainage and sewers by the Urban County Engineer, traffic engineer approval, building inspection approval of landscaping, and various plan corrections and notations.

Approval of Release and Call of Bonds 18:28 Motion by Mike Cravens, seconded by Bill Wilson. Passed unanimously 7-0. This approval pertained to bond releases and calls as detailed in a memorandum dated January 16, 2014.

Adjournment 19:58 The meeting was adjourned by voice vote.

Public Comment

Six speakers addressed the board during the public comment period, with all requests focused on postponing various development proposals.

Locust Hill Shopping Center Amendment (DP 2014-1)

Bob Cornett, representing The Roberts Group, requested a two-week postponement to address traffic-related issues associated with the Locust Hill Shopping Center amendment. 8:03

Harvey Property Plan (DP 2013-96)

Nick Nicholson, representing EA Partners, requested a postponement of the Harvey Property plan to February 27, 2014, to allow for further review and coordination. 9:06

Fritz Farm, LLC Plan (DP 2014-2)

Nick Nicholson requested a two-week postponement of the Fritz Farm, LLC plan to facilitate a neighborhood meeting. 9:36 This postponement was supported by Hank Graddy, representing neighborhood interests, who spoke in favor of allowing time for a community meeting. 10:08

Headley, Niven & Vance Property Plan (DP 2013-29)

Matt Carter, representing Vision Engineering, requested a postponement of the Headley, Niven & Vance Property plan to February 13, 2014, to allow for continued discussion on access conditions. 11:27

Lansbrook Plaza Shopping Center Amendment (DP 2014-4)

John Kingston requested a 30-day postponement of the Lansbrook Plaza Shopping Center amendment to allow for additional planning and coordination. 12:28

Contested Items

Removal of Access Condition on DP 2013-29

A procedural dispute arose regarding a proposed modification to Development Permit 2013-29. The applicant requested removal of a safety-related condition that required closure of an existing access point to Russell Cave Road.

Staff and the Commission opposed the applicant's request. Their objection centered on traffic safety concerns associated with maintaining the access point. Additionally, staff noted that the applicant had not provided sufficient justification for removing the condition.

The safety-related nature of the original condition—designed to restrict access to Russell Cave Road—formed the basis of the opposition, with both staff and Commission members prioritizing traffic safety considerations over the applicant's request for modification.

Eastland Shopping Center, Lot 4 (AMD)

Project Identifier: PLAN 2014-1F

The Planning Commission discussed and approved an amendment to subdivide one lot into two at Eastland Shopping Center. 13:33

Key Speakers

David Jarman and Andy Holmes presented and discussed this agenda item.

Project Details

The lot is part of an expired 2007 development plan. The proposed subdivision would allow the lot to be divided into two separate parcels, enabling future sale of the subdivided portions. However, staff confirmed that any future development of the subdivided lots would require a new development plan to be submitted and approved.

Conditions of Approval

The Planning Commission approved the amendment with conditions addressing the following areas:

• Engineering requirements
• Traffic considerations
• Landscaping standards
• Access provisions

Outcome

The amendment was approved by the Planning Commission.

Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) (AMD)

Item: DP 2014-1

The discussion of the Locust Hill Shopping Center development plan focused on a proposal to increase buildable area and revise the outlot at the shopping center. 8:03

Bob Cornett presented on this agenda item. The applicant requested a postponement of the discussion to allow time to address traffic concerns related to the proposed changes.

Outcome: The item was postponed to January 30, 2014, at the applicant's request.

Harvey Property

Identifier: DP 2013-96

Nick Nicholson presented the discussion on the Harvey Property plan. 9:06

The plan addressed three unresolved concerns that prevented approval at this time:

• Greenway access — Questions remained about how the property would connect to or provide access to the greenway
• Pre-Columbian burial ground — Archaeological or cultural concerns related to a pre-Columbian burial ground on or near the property required further resolution
• Spring protection — Issues regarding the protection of a spring on the property needed to be addressed

Outcome: The Harvey Property plan was postponed to February 27, 2014, to allow time for these concerns to be resolved before the matter could be brought back for consideration.

Fritz Farm, LLC (Summit Lexington Bayer Property)

Agenda Item: DP 2014-2

This discussion item addressed a development plan for the Fritz Farm, LLC property, also known as the Summit Lexington Bayer Property. 9:36

Key Participants

Nick Nicholson and Hank Graddy were the primary speakers on this agenda item.

Outcome

The plan was postponed to January 30, 2014. This postponement was granted to allow the applicant additional time to address outstanding concerns and hold a neighborhood meeting.

Issues Addressed

The discussion identified three primary areas requiring further attention:

• Access — Questions or concerns regarding how the property would be accessed
• Tree Preservation — Issues related to the preservation of existing trees on or near the property
• Zoning Compliance — Questions about whether the proposed plan complied with applicable zoning requirements

The postponement provided the applicant with an opportunity to work through these concerns with the neighborhood and revise the proposal accordingly before the plan's reconsideration on January 30, 2014.

Headley, Niven & Vance Property, Lots 1, 2 & 3 (AMD)

Identifier: DP 2013-29

Discussion Summary

The board discussed a development plan for the Headley, Niven & Vance Property, Lots 1, 2 & 3. 11:27

Matt Carter presented on this agenda item. The primary focus of discussion centered on a safety-related access condition tied to Russell Cave Road. The applicant sought removal of this condition, but staff recommended disapproval of the removal request.

Outcome

The plan was postponed to February 13, 2014, to allow for continued discussion on the access condition matter. This postponement provided additional time for the board and staff to further consider the safety implications and the merits of removing the Russell Cave Road access condition.

Lansbrook Plaza Shopping Center

Agenda Item: DP 2014-4

John Kingston presented discussion on the Lansbrook Plaza Shopping Center proposal. 12:28

Outcome

The plan was postponed to February 13, 2014. The postponement was necessitated by concerns that the proposed amendment exceeds the limits of a previously approved variance and requires further review before the item can be considered for approval.

Approval of Minutes

The minutes from the November 14, 2013, meeting were presented for approval. 7:33

Carla Blanton and Karen Mundy addressed this agenda item. The minutes were approved unanimously without any changes requested.

Release and Call of Bonds

18:28

The board considered the release and call of bonds as outlined in a January 16, 2014, memorandum from the Division of Engineering. Mike Cravens and Bill Wilson presented this item to the board.

The proposal was approved unanimously by the board with no recorded concerns or debate during the discussion.