Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 12, 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 13 agenda items. The Commission took 13 motions and votes during the session and heard 4 public comments.

Of the 13 agenda items considered, 9 were approved and 4 were postponed. The approved items included the Gardenside Cabana Club (Parkside Development) amendment, Tuscany Tract A, 300 West Vine LLC Property, Indian Hills Subdivision, Headley Niven & Vance Property (Lots 1, 2 & 3), The Fairways at Andover Unit 1-B, The Fairways at Andover Unit 1-C, Turfland Mall amendment, and Lextran Headquarters Complex. The items postponed were Tuscany Unit 10, Growth Properties amendment, Kirklevington North Tract B amendment, and Ashland Park Subdivision Unit 11 Lot 4.

Attendance

Present: Mike Owens, Mike Cravens, Karen Mundy, Carolyn Plumlee, Frank Penn, Joseph Smith, Bill Wilson, Will Berkley, Carla Blanton, Chris King, Bill Sallee, Barbara Rackers, Tom Martin, David Jarman, Kelly Hunter, Cheryl Gallt, Denice Bullock, Hillard Newman, Jeff Neal, Captain Greg Lengal, Lieutenant Joshua Thiel, and Tracy Jones.

Absent: David Drake and Patrick Brewer.

Late: None.

Votes and Decisions

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

Postponements

The following items were postponed to July 10, 2014:

• PLAN 2014-11F: TUSCANY, UNIT 10 (motion by Mike Cravens, seconded by Carolyn Plumlee) 12:31
• DP 2014-13: GROWTH PROPERTIES (AMD) (motion by Frank Penn, seconded by Carolyn Plumlee) 13:38
• PLAN 2014-33F: ASHLAND PARK SUBDIVISION, UNIT 11, LOT 4 (motion by Carolyn Plumlee, seconded by Karen Mundy) 15:18

DP 2014-26: KIRKLEVINGTON NORTH, TRACT B (AMD) was indefinitely postponed (motion by Carolyn Plumlee, seconded by Karen Mundy) 14:11

Approvals

• Consent Agenda items as recommended (motion by Frank Penn, seconded by Bill Wilson) 18:35
• PLAN 2014-31F: THE FAIRWAYS AT ANDOVER, UNIT 1-B with condition 12 resolved and conditions 13–14 deleted (motion by Frank Penn, seconded by Joseph Smith) 58:34
• PLAN 2014-32F: THE FAIRWAYS AT ANDOVER, UNIT 1-C with condition 13 resolved, conditions 14–15 deleted, and a new condition added regarding flood insurance (motion by Carla Blanton, seconded by Frank Penn) 1:00:15
• PLAN 2013-37F: TURFLAND MALL (AMD) with waiver request for Article 6-6 of Land Subdivision Regulations (motion by Frank Penn, seconded by Joseph Smith) 1:09:49
• Release and call of bonds (motion by Mike Cravens, seconded by Bill Wilson) 1:10:20
• PFR 2014-2: LEXTRAN HEADQUARTERS COMPLEX as in compliance with Comprehensive Plan, with condition to maintain and supplement landscaping along rail line (motion by Frank Penn, seconded by Joseph Smith) 1:31:12

Administrative Actions

• Nominating committee for commission officers: Frank Penn, Will Berkley, Carolyn Plumlee (motion by Frank Penn, seconded by Bill Wilson) 1:34:10
• Cancellation of June 19, 2014, work session (motion by Will Berkley, seconded by Bill Wilson) 1:35:18
• Cancellation of June 26, 2014, zoning hearing (motion by Frank Penn, seconded by Bill Wilson) 1:36:23

Public Comment

Four speakers addressed the board during the public comment period.

Carla Blanton 1:01:19 recused herself from voting on Turfland Mall and LexTran items due to a client relationship and business conflict. She also announced that she would not seek reappointment to the Planning Commission.

Ben Sorrell from Sherman Carter Barnhart 1:22:53 addressed environmental safeguards related to fuel storage. He explained that fuel storage tanks are above ground and double-walled, and are equipped with an oil-water separator to prevent spills.

Rocky Burke from LexTran 1:24:03 discussed funding and future plans for the old building. He confirmed that funding comes primarily from an FTA grant, with backup financing options available. He also noted that the old building will be sold competitively due to Federal Transit Administration guidelines.

Charlie Barnhart 1:26:41 addressed sustainability efforts for the project. He explained that the project aims for LEED Silver certification, with a current score in the high 50s. He indicated the team is pursuing additional green initiatives despite budget constraints.

Appointments

The following individuals were appointed to the Nominating Committee for Commission Officers:

• Frank Penn — appointed to the Nominating Committee for Commission Officers
• Will Berkley — appointed to the Nominating Committee for Commission Officers
• Carolyn Plumlee — appointed to the Nominating Committee for Commission Officers

Contested Items

Floodplain and LOMR Process for Fairways at Andover

Commission members engaged in a heated discussion regarding the floodplain and Letter of Map Revision (LOMR) process for the Fairways at Andover development. The primary concerns centered on the timing of the LOMR, its potential impact on homeowners, and the necessity for clear notice regarding flood insurance requirements. The discussion included detailed examination of the role of a 54-inch stormwater pipe in the floodplain determination and whether a note on the plat was necessary to properly document these requirements. The contested nature of this item reflected disagreement over how to adequately protect homeowners and ensure compliance with flood insurance regulations while processing the development.

Private Sewer Line Maintenance Responsibility

Staff and the applicant disputed responsibility for maintaining a private clay sewer line associated with the project. The core disagreement involved whether the property owner or the county would bear responsibility for ongoing maintenance of this infrastructure. Staff required that a note be added to the plat to explicitly clarify that the property owner, rather than the county, holds responsibility for maintaining the private sewer line. This procedural dispute centered on establishing clear legal documentation to prevent future confusion about maintenance obligations and to protect the county from assuming unexpected infrastructure maintenance costs.

TUSCANY, UNIT 10

The Planning Commission considered PLAN 2014-11F regarding Tuscany, Unit 10 12:31.

Background and Recommendation

The Subdivision Committee had previously recommended postponement of this item due to concerns about the need for a preliminary subdivision plan and infrastructure timing.

Action Taken

Following a request from the applicant and with no objections from the audience, the Planning Commission voted to postpone PLAN 2014-11F: TUSCANY, UNIT 10 to July 10, 2014.

GROWTH PROPERTIES (AMD)

The Planning Commission discussed DP 2014-13: GROWTH PROPERTIES (AMD) at approximately 13:38 in the meeting.

Presentation and Discussion

Matt Carter presented information regarding this agenda item.

Concerns Raised

The Subdivision Committee had identified concerns about the proposed development, specifically regarding the suitability of the proposed single-family use and historic flooding conditions at the site.

Outcome

The Planning Commission postponed DP 2014-13: GROWTH PROPERTIES (AMD) to July 10, 2014. The postponement was made following a request from the applicant. No audience objections were raised during the discussion.

KIRKLEVINGTON NORTH, TRACT B (AMD)

The Planning Commission considered DP 2014-26: KIRKLEVINGTON NORTH, TRACT B (AMD) 14:11.

Outcome

The Planning Commission granted an indefinite postponement of the application following a request from the applicant. There were no objections from the audience.

Background

The Subdivision Committee had recommended postponement of this item due to missing zoning compliance information required for the application.

Key Participants

Matt Carter was the key speaker on this agenda item.

ASHLAND PARK SUBDIVISION, UNIT 11, LOT 4

Agenda Item: PLAN 2014-33F

Action Taken: The Planning Commission postponed consideration of this item to July 10, 2014.

Background

The Commission reviewed a proposal for Ashland Park Subdivision, Unit 11, Lot 4. The Subdivision Committee had recommended postponement of this matter, citing that the lot is not currently served by sanitary sewer.

Discussion

Staff presented the item to the Commission 15:18. The applicant requested postponement of the proposal.

Outcome

The Planning Commission voted to postpone PLAN 2014-33F to July 10, 2014. There were no objections from the audience regarding the postponement.

GARDENSIDE CABANA CLUB (PARKSIDE DEVELOPMENT) (AMD)

Item Identifier: 2014-34F

Type: Consent Agenda Item

The Planning Commission conditionally approved PLAN 2014-34F for the Gardenside Cabana Club (Parkside Development) amendment as part of the consent agenda. 18:35

Approval and Conditions

The project received conditional approval with requirements related to plan corrections, zoning compliance, and environmental approvals. The conditions established standards that the project must meet to proceed.

Key Participants

Bill Sallee was identified as a key speaker regarding this agenda item.

Outcome

The amendment was approved by the Planning Commission.

TUSCANY, TRACT A

Identifier: 2013-38F

The Planning Commission considered the conditional reapproval of PLAN 2013-38F: TUSCANY, TRACT A as part of the consent agenda 18:35.

Outcome

The Planning Commission approved the reapproval of TUSCANY, TRACT A with conditions.

Conditions

The approval included conditions related to: - Engineering compliance - Traffic requirements - Zoning compliance

Key Participant

Bill Sallee was identified as a key speaker on this agenda item.

300 WEST VINE, LLC PROPERTY

The Planning Commission approved a one-year extension for PLAN 2013-53F regarding the 300 West Vine, LLC property. The item was considered as part of the consent agenda 18:35.

Outcome

The extension was approved with original conditions maintained.

Key Participant

Bill Sallee was the key speaker on this agenda item.

INDIAN HILLS SUBDIVISION

The Planning Commission approved DP 2014-45: INDIAN HILLS SUBDIVISION as part of the consent agenda 18:35.

Approval and Conditions

The Planning Commission conditionally approved the Indian Hills Subdivision project. The approval included conditions addressing three key areas: stormwater management, tree protection, and access requirements.

Key Speaker

Bill Sallee presented information related to this agenda item.

Outcome

The project was approved with the specified conditions in place.

HEADLEY, NIVEN & VANCE PROPERTY, LOTS 1, 2 & 3

The Planning Commission considered the reapproval of Development Project (DP) 2013-29 for the Headley, Niven & Vance Property, Lots 1, 2 & 3 as part of the consent agenda 18:35.

Bill Sallee presented this item to the Commission. The project received conditional approval with the original conditions maintained from the previous review. An additional requirement was imposed: Division of Water Quality approval must be obtained as a condition of the project.

The Commission voted to approve the reapproval of DP 2013-29 with these conditions.

THE FAIRWAYS AT ANDOVER, UNIT 1-B

The Planning Commission discussed and approved PLAN 2014-31F for The Fairways at Andover, Unit 1-B 58:34.

Key Participants

The discussion involved Tom Hatfield, Dave Jarman, and Rory Kahly.

Discussion Topics

The Commission's review focused on three main areas:

• Floodplain considerations – The Commission examined floodplain-related requirements and impacts for the project.
• LOMR process – Discussion included the Letter of Map Revision (LOMR) process and its status.
• Stormwater improvements – The Commission reviewed proposed stormwater management improvements for the development.

Applicant Confirmation

The applicant confirmed that a 54-inch pipe is in place and that the LOMR process is underway.

Conditions

The Commission modified the project conditions as follows:

• Condition 12 was resolved
• Conditions 13 and 14 were deleted

Outcome

The Planning Commission approved PLAN 2014-31F: The Fairways at Andover, Unit 1-B with the modified conditions.

THE FAIRWAYS AT ANDOVER, UNIT 1-C

The Planning Commission discussed and approved PLAN 2014-32F for The Fairways at Andover, Unit 1-C 1:00:15.

Key Participants

The discussion involved Tom Hatfield, Dave Jarman, and Rory Kahly.

Action Taken

The Planning Commission approved the plan with the following modifications:

• Condition 13 was resolved
• Conditions 14 and 15 were deleted
• A new condition was added requiring a note on the plat regarding potential flood insurance needs until LOMR (Letter of Map Revision) approval

Topics Discussed

The Commission's discussion addressed three primary areas:

• Floodplain considerations
• Stormwater management
• Future development implications

Outcome

The plan was approved with conditions.

TURFLAND MALL (AMD)

Identifier: PLAN 2013-37F

The Planning Commission reapproved PLAN 2013-37F: TURFLAND MALL (AMD) at approximately 1:09:49.

Key Speakers: - Tom Martin - Mark McIntosh

Action: The Commission approved a waiver request for Article 6-6 of the Land Subdivision Regulations. This waiver allows the applicant to record the lot without dedicating the private sewer line. Under this approval, the private sewer line remains the responsibility of the property owner rather than becoming a public dedication.

Outcome: The agenda item was approved.

LEXTRAN HEADQUARTERS COMPLEX

1:31:12

The Planning Commission reviewed PFR 2014-2 concerning the LEXTRAN Headquarters Complex. The discussion involved Barbara Rackers, Ben Sorrell, Rocky Burke, and Charlie Barnhart.

The Planning Commission found the project in compliance with the Comprehensive Plan and Destination 2040. A key recommendation emerged from the review: the Commission recommended maintaining and enhancing landscaping along the rail line to screen the site from adjacent residential properties.

The project was approved.