Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on February 13, 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 addressed five agenda items related to residential and commercial development projects. The Commission took 12 motions and votes during the session and heard 7 public comments. Four of the five agenda items were approved: Willow Glen, Unit 4, Lot 1 (Amendment); Coventry (Belmont Farms), Unit 8; Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3; and Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) (Amendment). One item, Park Hills Shopping Center, Lot 1 (Amendment), was postponed.

Attendance

Present: Mike Owens, Will Berkley, Mike Cravens, David Drake, Karen Mundy, Carolyn Plumlee, Bill Wilson, Chris King, Bill Sallee, Barbara Rackers, Tom Martin, David Jarman, Kelly Hunter, Cheryl Gallt, Denice Bullock, Hillard Newman, Casey Kaucher, Captain Greg Lengal, Lieutenant Joshua Thiel, Tim Queary, and Tracy Jones.

Absent: Carla Blanton, Patrick Brewer, and Frank Penn.

Late: None reported.

Votes and Decisions

The Planning Commission took the following actions on February 13, 2014:

Postponements

• DP 2013-29: Headley, Niven & Vance Property, Lots 1, 2 & 3 (AMD) — Postponed by voice vote. Motion by Mike Cravens, seconded by Bill Wilson. All seven members voted in favor. 37:46

• DP 2014-4: Lansbrook Plaza Shopping Center — Postponed by voice vote. Motion by Carolyn Plumlee, seconded by Karen Mundy. All seven members voted in favor. 38:51

• DP 2012-105: Park Hills Shopping Center, Lot 1 (AMD) — Postponed for 30 days by voice vote. Motion by Bill Wilson, seconded by Mike Cravens. All seven members voted in favor. 3:44:22

Approvals

• Consent Agenda items: PLAN 2014-3F, PLAN 2012-132F, DP 2014-5, DP 2014-6 — Approved by voice vote with conditional approval including standard sign-off conditions and findings for access easement compliance. Motion by Bill Wilson, seconded by Karen Mundy. All seven members voted in favor. 42:37

• PLAN 2014-2F: Willow Glen, Unit 4, Lot 1 (AMD) — Approved by voice vote with multiple conditions including Urban County Engineer's acceptance of drainage and sewers, Traffic Engineer's approval of street cross-sections, and Urban Forester's approval of tree protection areas. Motion by Will Berkley, seconded by Karen Mundy. All seven members voted in favor. 57:19

• Waiver to Article 6-8(b) of the Land Subdivision Regulations for PLAN 2014-2F — Approved by voice vote with conditions regarding access easement construction standards. Motion by Will Berkley, seconded by Karen Mundy. All seven members voted in favor. 59:30

• Waiver of Article 4-7(d)(1) for PLAN 2013-128F — Approved by voice vote. Motion by Mike Cravens, seconded by Carolyn Plumlee. All seven members voted in favor. 1:06:42

• Waiver of Article 6-6 (Sanitary Sewer) for PLAN 2013-128F — Approved by voice vote. Motion by Mike Cravens, seconded by Carolyn Plumlee. All seven members voted in favor. 1:07:55

• DP 2013-90: Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3 — Approved by voice vote with revised staff conditions including reducing townhouses from 10 to 9 and relocating the dumpster. Motion by Mike Cravens, seconded by Bill Wilson. All seven members voted in favor. 2:18:29

• DP 2014-1: Locust Hill Shopping Center (Parcel 1, Lot 1, Block A) (AMD) — Approved by voice vote with conditions regarding tree canopy documentation and square footage relocation. Motion by David Drake, seconded by Bill Wilson. All seven members voted in favor. 2:33:23

• Release and call of bonds for Park Hills Shopping Center — Approved by voice vote. Motion by Carolyn Plumlee, seconded by Bill Wilson. All seven members voted in favor. 2:34:50

Disapprovals

• Waiver of Article 4-7(d)(9) (Performance Surety) for PLAN 2013-128F — Disapproved by voice vote. Motion by Mike Cravens, seconded by Carolyn Plumlee. All seven members voted in favor of disapproval. 1:07:22

All votes were conducted by voice vote with no recorded abstentions or opposing votes.

Public Comment

Seven speakers addressed the commission during the public comment period, with remarks focused on two primary development proposals: the Springdale Subdivision and a McDonald's site plan.

Springdale Subdivision Opposition

T. Bergman spoke at 1:37:07 representing the Mitchell Avenue Neighborhood Organization, expressing concerns about the proposed townhouses. The organization opposed increased density, traffic impacts, and the visual effect on the neighborhood, arguing the plan would harm neighborhood character and property values.

Helen Morrison commented at 1:50:11 that the development plan lacks thoughtful design and fails to consider neighborhood character. She emphasized the need for creative problem-solving and community input in the planning process.

Patricia Dillon spoke at 1:56:22, sharing personal attachment to her home and neighborhood. She cited mature trees, walkability, and community feel as valued features, and urged the commission to protect the area from development that threatens its quality of life.

McDonald's Site Plan and Traffic Concerns

Reza Timaji raised traffic safety concerns at 2:59:55, expressing worry that McDonald's drive-through traffic would overwhelm the Arby's parking lot and create dangerous congestion at the Pimlico Parkway intersection. He urged an independent traffic study.

John Talbot spoke at 3:06:57 opposing the proposed exit across Arby's parking lot. He argued this plan unfairly burdens the shopping center and that McDonald's should provide a dedicated exit on their own property.

Development Support

Roderick Saylor responded at 3:16:39, defending the plan by stating the development is self-contained and that the shopping center has not been willing to negotiate a mutually acceptable solution.

Gus Macera spoke at 3:30:12 in support of the McDonald's site plan, confirming the company's support for the current proposal and expressing confidence it will function properly with multiple access points and no significant traffic issues.

Contested Items

Springdale Subdivision Development

The proposed Springdale Subdivision development faced strong community opposition during the meeting. Neighbors raised concerns about the project's density, potential traffic impacts, and effects on neighborhood character. The public comment period was notably heated, reflecting the intensity of local sentiment against the plan. Despite the opposition, the project ultimately received approval, though it was conditioned on revisions to address the community's concerns.

Park Hills Shopping Center McDonald's Access

A contentious debate arose over the proposed access design for a McDonald's location at Park Hills Shopping Center. The disagreement centered on traffic impact and the proposed exit route across the shopping center's parking lot. The Arby's owner and shopping center representatives opposed the plan, citing concerns about the proposed access design and its effects on their operations. McDonald's and the project applicant defended the proposal. The intensity of this discussion reflected the competing interests between the new tenant, existing businesses, and traffic management considerations.

WILLOW GLEN, UNIT 4, LOT 1 (AMD)

Identifier: PLAN 2014-2F

Type: Discussion

Outcome: Approved

The Planning Commission reviewed and approved an amendment to the Willow Glen, Unit 4, Lot 1 subdivision 43:29. The proposal involved subdividing one lot into two lots, eliminating vehicular access to Old Mt. Tabor Road, and creating a private access easement.

Key Speakers: - Cheryl Gallt - Tom Martin - Rory Kahly

Action Taken:

The Commission approved the amendment with a waiver granted to Article 6-8(b) of the Land Subdivision Regulations. This waiver allowed the project to proceed with modifications to standard subdivision requirements.

COVENTRY (BELMONT FARMS), UNIT 8

Plan: 2013-128F

The Commission discussed and voted on waivers for the Coventry (Belmont Farms), Unit 8 project, which involves the construction of an elementary school. 1:00:04

Waivers Approved

The Commission approved waivers to the following articles: - Article 4-7(d)(1) - Article 4-7(d)(9) - Article 6-6

Waiver Disapproved

The Commission disapproved the performance surety waiver.

Key Participants

Tom Martin and Rory Kahly were the primary speakers on this agenda item.

Outcome

The overall agenda item was approved, with the Commission granting the requested waivers to Articles 4-7(d)(1), 4-7(d)(9), and 6-6 while rejecting the performance surety waiver request.

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

Identifier: DP 2013-90

The Commission discussed and approved the development plan for Springdale Subdivision, Unit 2, Block A, Lots 1, 2 & 3. 1:08:26

Key Participants

The discussion involved Tom Martin, Nick Nicholson, T. Bergman, Helen Morrison, and Patricia Dillon.

Outcome

The Commission approved the development plan with revised conditions. The approval included two significant modifications to the original proposal:

• Reduction of the number of townhouses from 10 to 9
• Relocation of the dumpster to a less prominent site

LOCUST HILL SHOPPING CENTER (PARCEL 1, LOT 1, BLOCK A) (AMD)

Identifier: DP 2014-1

The Commission discussed an amendment to the Locust Hill Shopping Center development proposal 2:26:38. The amendment proposed the addition of a new restaurant and fuel center to the existing shopping center.

Key Speakers

Bill Sallee and Bob Cornett presented and discussed the amendment with the Commission.

Outcome

The Commission approved the amendment with conditions. The approval required clarification of tree canopy data and relocation of square footage to another area of the property. These conditions were imposed to address concerns raised during the discussion and ensure compliance with applicable development standards.

PARK HILLS SHOPPING CENTER, LOT 1 (AMD)

Case Number: DP 2012-105

The Commission discussed the reapproval of the development plan for Park Hills Shopping Center, Lot 1. Key speakers included Bill Sallee, Chris Westover, Reza Timaji, John Talbot, Roderick Saylor, and Gus Macera. 2:35:25

Issues Discussed

The primary focus of the discussion centered on access and exit issues for the shopping center. Specific concerns were raised regarding traffic flow and the need for reciprocal easements to properly address how vehicles would enter and exit the property and interact with adjacent parcels.

Outcome

The Commission postponed reapproval of the plan for 30 days. This postponement was intended to provide the applicant and shopping center operators adequate time to resolve the outstanding access and exit issues before the plan could be reapproved.