Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on August 14, 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 ten agenda items and resulted in eleven motions and votes. The Commission heard two public comments during the session.

Of the ten items on the agenda, eight were approved, one was postponed, and one was deferred. The approved items included amendments to the Distillery LLC Properties, Apiary Property LLC, Deerfield Shopping Center (Ollie's Trolley), Distillery District West Unit 1, Lynn Grove Addition, and Manchester Development. The Commission also approved the reapproval of Section 2 of NewMarket Phase I Unit 1E and the LFUCG Compressed Natural Gas Fueling Facility. The Pinehurst Subdivision Lot 33 amendment was postponed, while the Boone Creek Properties LLC reactivation was deferred.

Attendance

Present: - Mike Owens - Mike Cravens - Karen Mundy - Carolyn Plumlee - Bill Wilson - Will Berkley - Carolyn Richardson - David Drake - Patrick Brewer

Absent: - Frank Penn - Joseph Smith

Late: None reported

Votes and Decisions

All votes taken during this meeting passed unanimously.

Approval of Minutes 9:27 The minutes from July 10, 2014 were approved on a motion by Mike Cravens, seconded by Karen Mundy. The vote was 8-0 in favor.

Postponement of DP 2014-64: South Broadway Place (Phases IIA & III), Lynn Grove Addition (AMD) 10:38 A motion by Carolyn Plumlee, seconded by Bill Wilson, to postpone this item passed 9-0.

Approval of Consent Agenda Items 15:41 Patrick Brewer moved approval of the Consent Agenda, seconded by Carolyn Plumlee. The motion passed 9-0.

Approval of Release and Call of Bonds 16:46 Mike Cravens moved approval, seconded by Karen Mundy. The vote was 9-0 in favor.

Continuance of Plan 2014-49F: Pinehurst Subdivision, Lot 33 (AMD) for Two Weeks 41:37 Patrick Brewer moved to continue this item, seconded by Carolyn Plumlee. The motion passed 9-0.

Approval of Plan 2014-50F: Distillery LLC Properties (AMD) with Revised Condition 51:57 Karen Mundy moved approval of this plan with a revised condition requiring that no zoning compliance permit and no certificate of occupancy shall be issued for lots 1, 2, 3, or 4 until sanitary sewer service is provided to the site meeting Kentucky State Plumbing Code requirements and accepted by the Division of Engineering and Division of Water Quality. The motion passed 9-0.

Approval of Waiver for Plan 2013-78F Distillery District 53:09 Karen Mundy moved approval of the waiver. The motion passed 9-0.

Approval of Floodplain Appeals Committee Membership 54:13 Patrick Brewer moved approval of the committee membership. The motion passed 9-0.

Approval of PFR 2014-5: LFUCG Compressed Natural Gas Fueling Facility 1:05:25 Karen Mundy moved approval. The motion passed 9-0.

Hearing of MARC 2014-1: Boone Creek Properties, LLC on September 25, 2014 1:17:20 Bill Wilson moved to schedule a hearing on this matter for September 25, 2014, seconded by Carolyn Plumlee. The motion passed 9-0.

Review of MARC 2014-1: Boone Creek Properties, LLC in Subdivision Committee 1:22:14 Carolyn Plumlee moved to have this item reviewed in Subdivision Committee. This motion failed 0-9.

Public Comment

Two speakers addressed the meeting regarding the proposed hearing schedule for MARC 2014-1: Boone Creek Properties, LLC.

Dick Murphy 1:11:19 requested that the hearing be held on August 28th. He emphasized the seasonal nature of the outdoor activity involved and noted a six-month delay in the process. Murphy stressed that the application is not new and that the court ordered the hearing to proceed.

Don Todd 1:13:58 opposed the August 28th hearing date. He argued that the short notice would unfairly limit neighborhood associations' ability to present their case and that the matter deserves full consideration without time constraints. Todd raised concerns about the lack of safety ordinances and noted that improvements were built before approval was obtained.

Appointments

The following appointments were made during this meeting:

• Fred Eastridge was reappointed to the Floodplain Appeals Committee

• Doug Mynear was reappointed to the Floodplain Appeals Committee

Contested Items

Hearing Date for MARC 2014-1: Boone Creek Properties, LLC [timestamp: unavailable]

A heated discussion arose regarding the scheduling of a hearing for MARC 2014-1 concerning Boone Creek Properties, LLC. The primary point of contention was whether the case should be heard on August 28th or September 25th.

Opponents of the August 28th date argued that the short notice period would significantly limit their ability to adequately prepare and present their case. They expressed concern that insufficient time would prevent them from gathering necessary materials and organizing their response.

The applicant, conversely, emphasized the urgency of scheduling the hearing as soon as possible, citing seasonal constraints that made timely resolution important to their project timeline.

After the discussion, the Commission resolved the dispute by selecting September 25th as the hearing date, rejecting the earlier August 28th option.

Pinehurst Subdivision, Lot 33 (AMD)

Item 2014-49F 16:11

The Commission discussed a proposal to subdivide Lot 33 into two lots. Key participants in the discussion included Tom Martin, Mike Robbins, Will Berkley, and Karen Mundy.

Concerns and Issues

Staff and the Commission raised two primary concerns about the subdivision plan:

• The adequacy of the existing 50-foot access easement
• The feasibility of connecting the proposed lots to the sanitary sewer system

Presentations and Solutions

The applicant and staff presented revised plans to address these concerns. A potential solution was discussed involving a proposed sewer line configured at a 45-degree angle to facilitate connection to the sanitary sewer system.

Outcome

The Commission continued the item for two weeks to allow additional time for further review of the revised plans and proposed solutions. The item was not approved at this time.

Distillery LLC Properties (AMD)

The Commission discussed a proposal to subdivide a lot in the Distillery District 42:58. Key speakers included Tom Martin, Justin Jury, Karen Mundy, and Bill Wilson.

Proposal and Key Issue

The primary focus of the discussion centered on a private sewer system that had previously been granted a waiver due to floodplain constraints. The applicant confirmed that this sewer system was currently under construction.

Commission Action

The plan to subdivide the lot was recommended for approval with conditions. The Commission approved the proposal contingent upon a specific requirement: no occupancy permits would be issued until the private sewer system received full approval.

This condition ensured that the project could not proceed to occupancy until the sewer infrastructure—a critical component given the floodplain considerations—was completely approved and operational.

NewMarket, Ph I, Unit 1E (Reapproval of Section 2)

Identifier: 2006-240F

The reapproval of Section 2 of NewMarket, Phase I, Unit 1E was considered as part of the consent agenda 11:39. Key speakers on this item included Chris King and Bill Sallee.

The item involved the reapproval of Section 2 with conditions consistent with prior approvals and revisions to the project. No specific concerns or debate regarding this agenda item were documented in the meeting record.

Outcome: The reapproval was approved.

Apiary Property, LLC (AMD)

Agenda Item 2014-59

An amendment for Apiary Property, LLC was presented as part of the consent agenda. 13:30

Presentation and Approval

Bill Sallee presented this item, which involved an amendment to cover two patios. The amendment was approved as part of the consent agenda.

Conditions

The approval included conditions related to: - Signage requirements - Drainage specifications - Utility approvals

Outcome

The amendment was approved.

Deerfield Shopping Center (Ollie's Trolley) (AMD)

Item Number: 2014-60

Type: Consent Agenda Item

Outcome: Approved

The addition of a 4,000 square foot office building to the Deerfield Shopping Center was approved as part of the consent agenda. 14:05

Bill Sallee presented this item. The proposal included standard conditions for utility and safety approvals as part of the approval process.

Distillery District West, Unit 1 (AMD)

This item was presented as part of the consent agenda 14:35.

Item Details

The agenda item (2014-62) concerned an amendment to Distillery District West, Unit 1 related to FEMA documentation requirements.

Key Speaker

Bill Sallee presented this item.

Action Taken

The amendment to remove a note about the required LOMR (Letter of Map Revision) from FEMA was approved. The approval included conditions requiring documentation and revisions to project plans.

Outcome

The item was approved as part of the consent agenda.

Lynn Grove Addition (AMD)

The amendment to revise the development of the Lynn Grove Addition was presented as part of the consent agenda 15:10. Bill Sallee addressed this item.

The amendment was approved with conditions related to site statistics and utility approvals. No specific concerns or debate regarding this item were documented in the meeting record.

The outcome of this agenda item was approval.

Manchester Development (AMD)

The reapproval of the Manchester Development amendment was considered as part of the consent agenda 15:10. Bill Sallee presented this item to the body.

The amendment was approved with conditions related to site statistics and use clarification. The approval was granted as part of the consent agenda process, indicating the item was handled among other routine matters requiring formal approval.

Outcome: Approved

LFUCG Compressed Natural Gas Fueling Facility

The Commission considered a proposal for a Compressed Natural Gas (CNG) fueling facility at 675 Byrd Thurman Drive 55:15.

Presentation and Compliance

The proposal was presented by Barb Rackers and Troy Poyonk. The facility was found to be in compliance with the Comprehensive Plan, Zoning Ordinance, and Destination 2040.

Project Benefits

The Commission approved the project based on its environmental, economic, and sustainability benefits.

Outcome

The Commission approved the CNG fueling facility proposal (PFR 2014-5).

Boone Creek Properties, LLC (Reactivation)

Identifier: MARC 2014-1

Staff presented the reactivated Boone Creek Properties, LLC application to the Commission and requested a decision on whether to schedule a public hearing for the matter. 1:06:25

Key Speakers: - Chris King - Dick Murphy - Don Todd

Discussion and Outcome:

Following staff presentation and Commission discussion, the members voted to schedule a public hearing for the case on September 25, 2014. The Commission also declined to require the application to return to the subdivision committee before proceeding to the public hearing.

The agenda item was deferred, with the public hearing date set for the September 25, 2014 meeting.