Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on July 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 addressed seven agenda items. The Commission took nine votes during the session and heard three public comments.

The meeting resulted in a mix of approvals and postponements. Four items were approved: the Tuscany, Unit 10 Preliminary Subdivision Plan; the Tuscany, Unit 10 Final Subdivision Plan; the Dozier Property Preliminary Subdivision Plan; and the Windstream Kentucky East LLC Public Facility Review. Three items were postponed for further consideration: the Ashland Park Subdivision, Unit 11, Lot 4 Final Subdivision Plan; the Growth Properties (AMD) Development Plan; and the Recreation and Tourism Land Uses Zoning Ordinance Text Amendment.

Attendance

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

Absent: Brewer and Drake

Late: None

Votes and Decisions

All votes during this meeting were conducted by voice vote with no recorded dissents or abstentions.

DP 2014-13: Growth Properties (AMD) — Motion by Mr. Cravens, seconded by Ms. Mundy. The proposal was indefinitely postponed by unanimous voice vote. 15:57

ZOTA 2014-4 & SRA 2014-1: Recreation and Tourism Land Uses — Motion by Mr. Penn, seconded by Mr. Wilson. The items were postponed by unanimous voice vote. 17:01

PLAN 2014-33F: Ashland Park Subdivision, Unit 11, Lot 4 — Motion by Mr. Cravens, seconded by Ms. Mundy. The proposal was indefinitely postponed by unanimous voice vote. 18:40

Consent Agenda — Motion by Mr. Brewer, seconded by Ms. Mundy. The Consent Agenda was approved by unanimous voice vote, with PLAN 2014-47P: Dozier Property removed for separate consideration. 22:05

Plan 2014-40P: Tuscany, Unit 10 (Preliminary Subdivision Plan) — Motion by Mr. Chairman. The preliminary plan was approved by unanimous voice vote with revised conditions 13 and 14 replaced by waiver conditions a through d. 1:28:06

Plan 2014-40P: Tuscany, Unit 10 (Waiver) — Motion by Mr. Chairman. The waiver was approved by unanimous voice vote, subject to conditions a through d in the waiver report. 1:29:42

Plan 2014-11F: Tuscany, Unit 10 (Final Subdivision Plan) — Motion by Mr. Chairman. The final plan was approved by unanimous voice vote, subject to waiver conditions a through d. 1:30:12

Plan 2014-47P: Dozier Property — Motion by Mr. Chairman, seconded by Ms. Mundy. The proposal was approved by unanimous voice vote with 17 conditions, including correction of the record plat reference and denoting tree planting easement width. 1:47:45

PFR 2014-3: Windstream Kentucky East LLC — Motion by Mr. Chairman, seconded by Mr. Wilson. The proposal was approved by unanimous voice vote with staff recommendation that the new security fence be combined with existing fencing to enclose only the new array and minimize adverse effects on residential areas. 2:09:17

Public Comment

Three speakers addressed the board during the public comment period.

Michael Walsh 1:37:48 raised concerns about the Dozier Property, specifically regarding a 20-foot gap created by a utility easement that was rerouted to avoid a detention basin. Mr. Walsh expressed concerns that this gap could create safety and aesthetic issues, including compromised line-of-sight to a retaining wall and potential for illegal activity. He suggested that the utility could be rerouted or that landscaping could be used to screen the view.

Randy Nicholas 2:04:12 addressed the visibility of satellite dishes from Wilson Downing Road. He acknowledged that the satellite dishes would be visible from the road due to their size and the depressed ground elevation, but stated that they would not be startling in appearance and would be partially shielded by existing trees.

Bernard Malone 2:05:51 spoke about buffering and visibility of the satellite dishes. Mr. Malone confirmed that the property has a thick row of tall trees along the back and side that already provide significant screening. He also noted that Windstream is amenable to adding a secondary fence to further buffer the site.

Appointments

Will Berkley was appointed to the Urban County Planning Commission.

Contested Items

Cross-section Design for Meeting Street Trail

A disagreement arose between staff and the applicant regarding the design of the Meeting Street trail. The applicant proposed allowing a 10-foot trail on the school side without a sidewalk, while staff recommended a standard 60x41 cross-section that would include transition points. The two approaches represented different visions for the trail's configuration and integration with the surrounding area. Rather than reaching a resolution at this meeting, the issue was deferred for future review, allowing additional time for further consideration of both proposals.

Utility Easement Routing on Dozier Property

Residents raised concerns about the routing of a utility easement on the Dozier Property. The easement design created a 20-foot gap where the easement turned to avoid a detention basin. Community members expressed opposition to this configuration, citing both safety and aesthetic issues related to the gap. The Commission acknowledged the residents' concerns during the discussion. Despite the community opposition, the Commission approved the plan with conditions, allowing the project to move forward while incorporating measures intended to address the raised issues.

Tuscany, Unit 10 (Preliminary Subdivision Plan)

Agenda Item: 2014-40P

The Planning Commission discussed the preliminary subdivision plan for Tuscany Unit 10 1:27:33. Key speakers in this discussion included Tom Martin, Rory Kaley, and Tim Haymaker.

Main Issues Discussed

The primary focus of the discussion centered on three key elements of the proposal:

• Multi-use trail along Meeting Street: The applicant proposed a 10-foot trail on the school side of Meeting Street
• Sidewalk waiver: The plan included a request for a waiver from standard sidewalk requirements
• Public access easement: The Commission addressed the need for a public access easement as part of the project

Staff Recommendations

Staff recommended against the applicant's proposed 10-foot trail design. Instead, staff advocated for a standard cross-section with a transition to sidewalks, which would better align with existing standards and connectivity requirements.

Outcome

The motion to approve the preliminary subdivision plan passed. The approval included revised conditions that addressed the concerns raised during the discussion, incorporating modifications to the trail and sidewalk design from the staff recommendations.

Tuscany, Unit 10 (Final Subdivision Plan)

1:30:12

The final record plat for Tuscany Unit 10 was presented for approval. Tom Martin addressed the board on this agenda item.

The final record plat was approved with the following conditions:

• Utility and street light easements must be included
• Documentation of Water Quality approval is required
• Timing of Meeting Street construction must be addressed

Additionally, a waiver for substantial completion was approved as part of the final subdivision plan.

The agenda item was classified as a discussion and resulted in approval.

Dozier Property (Preliminary Subdivision Plan)

Identifier: 2014-47P

The Commission reviewed and approved the preliminary subdivision plan for the Dozier Property during this meeting 1:47:45.

Key Speakers

Dick Murphy and Michael Walsh were the primary speakers on this agenda item.

Discussion and Concerns

Public comments during the review focused on two main areas of concern:

• Utility easement placement
• Lot size consistency

Conditions of Approval

The Commission approved the preliminary subdivision plan subject to 17 conditions. These conditions included:

• Correcting the record plat reference
• Denoting tree planting easement width

Outcome

The preliminary subdivision plan for the Dozier Property was approved with the specified conditions.

Ashland Park Subdivision, Unit 11, Lot 4 (Final Subdivision Plan)

Agenda Item 2014-33F

The final subdivision plan for Ashland Park Subdivision, Unit 11, Lot 4 was presented for discussion 18:40.

Matt Carter addressed the item. The primary issue identified was the lack of sanitary sewer service for the proposed subdivision.

Due to this constraint, the applicant requested that the matter be postponed indefinitely. No objections to the postponement were raised.

Outcome: The item was postponed indefinitely.

Growth Properties (AMD) (Development Plan)

The board discussed the development plan for 100 Goodrich Avenue under agenda item 2014-13. 15:57

Matt Carter presented the matter to the board. The discussion centered on concerns regarding the proposed development, specifically focusing on stormwater flooding issues and questions about the suitability of single-family residential use for the property.

The applicant requested that consideration of the development plan be postponed indefinitely. No objections to the postponement were raised by board members or other parties present.

The board approved the indefinite postponement of the development plan for 100 Goodrich Avenue.

Recreation and Tourism Land Uses (Zoning Ordinance Text Amendment)

Identifier: ZOTA 2014-4 & SRA 2014-1

The Commission discussed a zoning ordinance text amendment regarding recreation and tourism land uses 17:01. Mr. Penn presented the item to the Commission.

Staff Recommendation

Staff recommended approval of the amendment, citing alignment with the 2013 Comprehensive Plan and Destination 2040 goals as the basis for their recommendation.

Outcome

The Commission postponed action on the zoning amendment to allow for further discussion of the proposal.

Windstream Kentucky East LLC (Public Facility Review)

Identifier: PFR 2014-3

The Commission reviewed a public facility request from Windstream Kentucky East LLC regarding modifications to their property. 2:09:17

Key Speakers

The discussion involved Barb Rackers, Randy Nicholas, and Bernard Malone.

Request and Approval

The Commission approved the request to install six satellite dishes on the Windstream property.

Recommendations

In addition to approving the satellite dish installation, the Commission made a specific recommendation regarding the property's security infrastructure. The Commission recommended that the new security fence planned for the property be combined with the existing fence to minimize visual and other impacts on nearby residents.

Outcome

The request was approved.