Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on April 10, 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 consideration of 10 agenda items. The Commission took 17 motions and votes during the session and heard 2 public comments.

Of the 10 items on the agenda, 6 were approved and 4 were postponed. The approved items included Clark Property, Unit 1-B; Clark Property, Unit 1-M; Lansbrook Plaza Shopping Center; Kirklevington Hills Apartment (AMD); Gardenside Cabana Club (AMD); and Bennett/Vaughan Residential Development. The items postponed to future meetings were Tuscany, Unit 10; Greendale Hills, Unit 2, Lot 98; Greendale Hills, Unit 2 (AMD); and Lynn Grove Addition, Lots 79 & 80 (AMD).

Attendance

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

Late: Patrick Brewer arrived after the meeting began.

Absent: None reported.

Votes and Decisions

The meeting included 18 votes, all of which passed unanimously.

Minutes and Postponements

The minutes from February 13, 2014 were approved 10-0 6:00, with the motion made by Mike Cravens and seconded by Karen Mundy.

Seven items were postponed to May 8, 2014: - DP 2014-13: Growth Properties (AMD) 7:05 - DP 2014-16: Chancellor Subdivision (The Springs) (AMD) 8:09 - DP 2014-26: Kirklevington North, Tract B (AMD) 8:48 - PLAN 2014-11F: Tuscany, Unit 10 9:54 - PLAN 2014-17F: Greendale Hills, Unit 2, Lot 98 10:32 - DP 2014-23: Greendale Hills, Unit 2 (AMD) 11:36 - DP 2014-34: Lynn Grove Addition, Lots 79 & 80 (AMD) 12:37

All postponement votes passed unanimously with 10 ayes.

Consent Agenda and Bonds

Conditional approval of Consent Agenda items PLAN 2014-20F, PLAN 2014-21F, and DP 2014-24 passed 11-0 14:45, with 18 conditions specified. The motion was made by Patrick Brewer and seconded by Bill Wilson.

Approval of release and call of bonds as detailed in a memorandum dated April 10, 2014 passed 11-0 15:54, with the motion made by Mike Cravens and seconded by Frank Penn.

Development Plans and Subdivisions

Reapproval of PLAN 2005-166F: Clark Property, Unit 1-B passed 10-0 18:40, with conditions approved on October 13, 2011, plus two additional conditions.

Approval of PLAN 2007-156F: Clark Property, Unit 1-M passed 10-0 20:51, with conditions approved on October 13, 2011, plus three additional conditions.

Approval of DP 2014-4: Lansbrook Plaza Shopping Center passed 10-0 26:02 with 10 conditions.

Approval of DP 2014-27: Kirklevington Hills Apartment (AMD) passed 10-0 29:19 with 9 conditions.

Approval of DP 2014-33: Gardenside Cabana Club (AMD) passed 10-0 47:04 with 19 conditions and deletion of condition 20.

Approval of a waiver of Land Subdivision Regulations for DP 2014-33: Gardenside Cabana Club (AMD) passed 10-0 47:40.

Re-approval of ZDP 2008-59: Bennett/Vaughan Residential Development passed 10-0 55:49 with 22 conditions specified.

Budget and Financial Actions

The meeting included action on the release and call of bonds as detailed in a memorandum dated April 10, 2014. No specific dollar amount, vendor information, or resolution identifier was provided in the available documentation for this financial action.

Public Comment

Two speakers addressed the board during the public comment period.

Gardenside Cabana Club Development 40:15

Mary Hossain, representing the Klingers Group, spoke regarding the Gardenside Cabana Club (AMD) development plan. She confirmed that all required sign-offs have been received for the project. Hossain noted that the underground detention system has been designed to address prior concerns raised about the development. She also reported that the applicant has met with neighbors to address cut-through traffic concerns and has agreed to install a chain-link fence with plantings as part of the mitigation measures.

Bennett/Vaughan Residential Development 55:19

Dick Murphy, representing Justice Enterprises, LLC, spoke about the Bennett/Vaughan Residential Development. He stated that the current plan is identical to the one that was certified during the zone change process. Murphy indicated that re-approval is needed in order for the project to move forward.

Contested Items

Waiver of Technical Committee Review for Gardenside Cabana Club

The commission faced a divided vote on whether to waive the technical committee review for the Gardenside Cabana Club project. Commission members expressed concerns about the prudence of bypassing this standard procedural step, even though the applicant claimed to have made progress on the project.

The central disagreement centered on whether waiving the technical committee review was appropriate given outstanding questions about final sign-offs and procedural compliance. Members questioned whether proceeding without this review would adequately protect the integrity of the approval process and ensure all technical requirements had been properly addressed.

The split vote reflected the commission's uncertainty about balancing the applicant's stated progress against the risks of circumventing established review procedures. No unanimous consensus emerged on this matter.

Tuscany, Unit 10 (5/4/14)

Identifier: PLAN 2014-11F

The applicant requested a postponement of this agenda item due to unresolved issues that required further attention before proceeding. 9:54

Key Issues

The postponement request centered on two primary concerns:

• The need for a preliminary subdivision plan
• The timing of public infrastructure construction

Outcome

A motion to postpone was made and unanimously approved by the body.

Greendale Hills, Unit 2, Lot 98 (6/1/14)

Plan Identifier: PLAN 2014-17F

The applicant, represented by Rory Kahly, requested a postponement of this agenda item 10:32. The postponement request was based on concerns regarding the timing of collector street construction and the proposed use of a cul-de-sac for the development.

The motion to postpone was unanimously approved by the body.

Greendale Hills, Unit 2 (AMD) (6/1/14)

Identifier: DP 2014-23

Type: Discussion

Outcome: Postponed

Rory Kahly presented this agenda item and requested a postponement of the discussion. 11:36

The applicant raised several concerns regarding the project:

• Construction timing
• Collector street dedication requirements
• The use of a cul-de-sac in the development design

A motion to postpone the item was brought before the body and approved unanimously.

Lynn Grove Addition, Lots 79 & 80 (AMD) (6/24/14)

Identifier: DP 2014-34

The applicant requested a postponement of this agenda item due to non-compliance with Zoning Ordinance requirements for usable open space. 12:37

Tom Martin was the key speaker on this matter.

The motion to postpone was unanimously approved.

Clark Property, Unit 1-B (6/17/14)

Plan Identifier: PLAN 2005-166F

Overview

The Clark Property, Unit 1-B underwent reapproval with updated conditions. The plan had a long history of prior approvals and extensions before this discussion.

Key Speaker

Kelly Hunter presented on this agenda item.

Action Taken

The plan was approved with updated conditions, including the addition of private utility information and owner/developer information.

Transcript Location

This discussion occurred approximately 18 minutes and 40 seconds into the meeting 18:40.

Clark Property, Unit 1-M (6/17/14)

Plan Identifier: PLAN 2007-156F

Overview

The Clark Property, Unit 1-M was discussed and reapproved with updated conditions. 20:51 The plan had received prior approvals and extensions, and this discussion addressed revisions to reflect new information on private utilities, ownership, and scale.

Key Speaker

Kelly Hunter presented on this agenda item.

Outcome

The plan was approved with updated conditions incorporated into the reapproval.

Lansbrook Plaza Shopping Center (4/10/14)

Overview

The board discussed and voted on a development plan for Lansbrook Plaza Shopping Center, identified as DP 2014-4. 26:02

Presentation and Key Details

John Kingston presented the agenda item to the board. The discussion centered on revised conditions for the shopping center project, specifically addressing parking requirements and building line variance issues.

Background and Previous Action

The project had previously been denied due to non-compliance with a 2000 variance. The revised plan was brought forward to address these compliance concerns and meet updated requirements.

Revised Conditions

The resubmitted plan included: - Updated parking specifications - Building line variance adjustments

Outcome

The board approved the Lansbrook Plaza Shopping Center development plan with the revised conditions in place.

Kirklevington Hills Apartment (AMD) (6/1/14)

Identifier: DP 2014-27

Type: Discussion

Outcome: Approved with nine conditions

29:19

The Kirklevington Hills Apartment amendment was presented for discussion and decision. Matt Carter served as a key speaker on this agenda item.

The applicant provided sufficient information demonstrating compliance with floor area ratio requirements, which addressed a primary consideration for the proposal. Following review of the submitted materials and discussion, the plan received approval contingent upon nine conditions that the applicant must satisfy.

The approval of this amendment with conditions indicates that while the proposal met the necessary floor area ratio standards, additional requirements were established to ensure compliance with applicable regulations and standards.

Gardenside Cabana Club (AMD) (6/24/14)

Project Identifier: DP 2014-33

Overview

The Gardenside Cabana Club Amended Development Plan (AMD) was presented for discussion and approval. 47:04

Key Speakers

• Tom Martin
• Mary Hossain

Discussion and Presentation

The amended development plan included modifications to the original proposal. A significant change involved the addition of underground detention to address drainage and stormwater management concerns.

Conditions and Approvals

The plan was approved with 19 conditions attached to the approval. Additionally, the technical committee review requirement was waived as part of the approval process.

Issues Addressed

The amendment process resolved several concerns that had been raised: - Access issues were addressed and resolved - Neighbor concerns were resolved through the amendment process

Outcome

The Gardenside Cabana Club (AMD) was approved with the 19 conditions and the waiver of technical committee review.

Bennett/Vaughan Residential Development (6/29/14)

Project Identifier: ZDP 2008-59

Overview

The preliminary development plan for the Bennett/Vaughan Residential Development was reapproved to reactivate the project after a two-year lapse in activity. 55:49

Key Participants

Tom Martin and Dick Murphy led the discussion on this agenda item.

Action Taken

The preliminary development plan was approved with conditions. The reapproval was contingent upon compliance with specific requirements related to design and open space.

Outcome

The development plan was approved, allowing the project to move forward following the period of inactivity.