Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on November 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 included eight agenda items, 15 motions and votes, and three public comments.

The commission approved six property-related amendments and requests during the meeting:

• Sams Property & Larkin Property (Kentucky Eagle, Lot 1)
• Coventry (Belmont Farm)
• Morningside Market
• James Property, Lots 2 & 3
• Williams Property, Lot 1
• Providence Montessori School

One agenda item regarding Recreation and Tourism Land Uses was deferred, and the Harvey Property item was postponed.

Attendance

Present: - Mike Owens - Mike Cravens - Frank Penn - Carolyn Plumlee - Bill Wilson - David Drake - Karen Mundy - Joseph Smith - Carolyn Richardson

Absent: - Will Berkley - Patrick Brewer

Late: - Bill Wilson - Will Berkley - Patrick Brewer

Votes and Decisions

Approval of Minutes 4:30 The minutes from October 9, 2014 were approved by unanimous vote (8-0). Motion by Ms. Plumlee, seconded by Ms. Mundy.

Postponement of PLAN 2014-93F: HARVEY PROPERTY 5:35 A motion to postpone this item to December 11, 2014 passed unanimously (9-0). Motion by Mr. Cravens, seconded by Mr. Penn.

Continuance of ZOTA 2014-4: RECREATION AND TOURISM LAND USES 6:41 This item was continued to January 29, 2015 by unanimous vote (9-0). Motion by Ms. Mundy, seconded by Mr. Penn.

Consent Agenda Approval 11:14 The Consent Agenda was approved unanimously (11-0), with PLAN 2014-93F and DP 2014-86 removed for separate consideration. Motion by Mr. Penn, seconded by Mr. Brewer.

PLAN 2014-70F: Sams Property & Larkin Property (Kentucky Eagle, Lot 1) 19:59 The final subdivision plan was approved unanimously (11-0) with five conditions regarding sewer connections, septic tank verification, future development requirements, and Board of Health approval limits. Motion by Mr. Penn, seconded by Ms. Richardson.

PLAN 2014-70F: Waiver to Article 6-6(b) 20:31 A waiver to Land Subdivision Regulations for septic system on less than 10-acre tract passed unanimously (11-0). Motion by Mr. Penn, seconded by Mr. Brewer.

PLAN 2014-94F: Coventry (Belmont Farm) 26:36 The final subdivision plan was approved unanimously (11-0) with nine conditions including engineer and traffic engineer approvals, environmental quality review, and utility easements. Motion by Mr. Penn, seconded by Mr. Brewer.

PLAN 2014-94F: Waiver to Article 4-7 27:08 A waiver for substantial completion of public improvements passed unanimously (11-0). Motion by Mr. Penn, seconded by Mr. Brewer.

DP 2014-86: Morningside Market (AMD) 31:36 The development plan was approved unanimously (11-0) with twelve conditions addressing engineering, traffic, landscaping, fire safety, waste management, and adaptive re-use requirements. Motion by Ms. Mundy, seconded by Mrs. Plumlee.

DP 2014-88: James Property, Lots 2 & 3 (AMD) 33:41 The development plan was approved unanimously (11-0) with sixteen conditions including engineering approvals, plan corrections, and pedestrian access discussion. Motion by Mr. Penn, seconded by Mr. Brewer.

DP 2014-90: Williams Property, Lot 1 45:08 The development plan was approved unanimously (11-0) with seventeen conditions including subdivision requirements, easement documentation, and sidewalk provisions. Motion by Mr. Penn, seconded by Mr. Cravens.

DP 2014-90: Waiver to Article 6 46:12 A waiver for termination of Andover Green passed unanimously (11-0). Motion by Mr. Penn, seconded by Mr. Cravens.

DP 2014-91: Providence Montessori School (AMD) 51:15 The development plan was approved unanimously (11-0) with nine conditions including engineering and traffic approvals. Motion by Mr. Penn, seconded by Mr. Cravens.

Release and Call of Performance Bonds 51:46 This motion passed unanimously (11-0). Motion by Mr. Cravens, seconded by Mr. Penn.

Adjournment 52:47 The meeting was adjourned by unanimous vote (11-0). Motion by Mr. Penn, seconded by Mr. Cravens.

Public Comment

Three public comments were made during the meeting regarding the Williams Property development and Providence Montessori School proposal.

Public Safety and Pedestrian Access

Mr. Martin addressed public safety and pedestrian access on the Williams Property 38:06. He noted that while staff supports pedestrian systems generally, the applicant's proposal to limit sidewalks to the security gate was acceptable given the small scale of the development and existing access points. Mr. Martin confirmed that fire department personnel were satisfied with the current access for emergency response.

Mr. Kaley spoke on the topic of sidewalks and access on the Williams Property 40:21. He explained that the development was designed as a gated community with private access. Sidewalks would be installed only from Todd's Road to the security gate, with internal connections left to individual builders. Mr. Kaley emphasized that the community had functioned safely for over 15 years with the current configuration.

Community Feedback on Providence Montessori School

Mr. Martin reported on community feedback regarding the Providence Montessori School proposal 50:42. Two residents from Pilgrim Court had attended the meeting, spoke with the applicant, and were satisfied with the proposed access and traffic plan. As a result, they chose not to remain for the hearing.

Contested Items

The November 13, 2014 meeting included two significant areas of disagreement that required Commission resolution.

Sidewalks on Williams Property

A split vote occurred over the extent of sidewalk requirements for the development. Staff advocated for a complete sidewalk system throughout the project, while the applicant opposed installing sidewalks through the internal layout of the development. The Commission resolved this dispute by requiring sidewalks only from Todd's Road to the security gate, with internal pedestrian connections to be determined by individual builders rather than mandated as part of the overall site plan.

Termination of Andover Green

A heated discussion arose regarding the proposed termination of Andover Green. Staff raised concerns about the lack of connection to Andover Green, citing potential impacts on public safety and service provision. The applicant countered that the small scale of the street and its existing functionality adequately addressed these concerns. The Commission ultimately approved the waiver to terminate Andover Green, but imposed a condition requiring sidewalk access as a mitigation measure.

SAMS PROPERTY & LARKIN PROPERTY (KENTUCKY EAGLE, LOT 1) (AMD)

Plan 2014-70F

The Planning Commission discussed an amendment to subdivide one lot into two and reconfigure Lot 2 on the Sams Property and Larkin Property. 12:18

Key Issue

The primary concern raised during discussion was the lack of public sewer access to Lot 1. The lot currently relies on a functioning septic system for wastewater treatment.

Staff Recommendation

Staff recommended approval of the amendment with specific conditions:

• A waiver to Article 6-6(b) of the Land Subdivision Regulations
• Verification of the septic system by the Board of Health
• A condition requiring Lot 1 to be connected to public sewer when development proceeds on the property

Speakers

Mr. Martin and Mr. Spencer participated in the discussion.

Outcome

The amendment was approved.

COVENTRY (BELMONT FARM) (AMD)

Plan Number: PLAN 2014-94F

The Commission reviewed the final subdivision plan for Coventry (Belmont Farm) 21:01. The project involved extending Remington Way and Gatton Way as part of the development.

Key Issue

The applicant requested a waiver to Article 4-7 of the Land Subdivision Regulations. This waiver was necessary to coordinate public improvements with the development of a large industrial facility on the property.

Recommendation

Both Staff and the Subdivision Committee recommended approval of the plan with the requested waiver. The recommendation was based on the need for timely construction and coordination between the public improvements and the industrial facility development.

Key Speakers

The discussion included input from Mr. Martin, Mr. Kaley, and Mr. Haymaker.

Outcome

The Commission approved the final subdivision plan for Coventry (Belmont Farm) with the waiver to Article 4-7 of the Land Subdivision Regulations.

MORNINGSIDE MARKET (AMD)

Identifier: DP 2014-86

The Commission considered a development plan amendment for Morningside Market. 27:50

Background

The proposed development plan involved modifications to the existing Morningside Market project, including an increase in building square footage and parking capacity, as well as the release of an easement.

Previous Status

This item had been previously pulled from the consent agenda due to missing sign posting documentation. However, the required affidavit was subsequently submitted and verified, allowing the item to proceed for Commission consideration.

Key Participants

Mr. Martin and Mr. Johnson were the primary speakers on this agenda item.

Outcome

The Commission approved the development plan amendment for Morningside Market.

JAMES PROPERTY, LOTS 2 & 3 (AMD)

Case Number: DP 2014-88

Outcome: Approved

The Commission considered an amendment to the James Property development plan for Lots 2 & 3 32:08. The proposed amendment involved adding a building addition on Lot 2.

Key Discussion Points:

The applicant had submitted a revised plan that addressed most of the conditions previously identified by the Commission. The amendment was subject to several conditions:

• Square footage requirements for the building addition
• Easement provisions
• A pending Board of Adjustment case

Speakers:

The discussion involved Mr. Martin and Ms. Jones, who presented and addressed aspects of the proposal.

Commission Action:

The Commission approved the amendment with the noted conditions in place. The applicant's revised plan demonstrated responsiveness to the Commission's requirements, allowing for approval to move forward.

WILLIAMS PROPERTY, LOT 1

Agenda Item: DP 2014-90

Type: Development Plan Discussion

Project Overview

The Commission reviewed and approved a development plan for Williams Property, Lot 1, which proposed a 19-unit townhouse development.

Key Issue

A primary matter of discussion involved the termination of Andover Green into the property. Staff recommended approval of a waiver related to this issue.

Speakers

The discussion included remarks from Mr. Martin and Mr. Kaley.

Commission Action

The Commission approved the development plan with one condition: sidewalks must be constructed from Todd's Road to the security gate.

Staff's recommended waiver was approved as part of the overall project approval.

Transcript Location

34:14

PROVIDENCE MONTESSORI SCHOOL (AMD)

Agenda Item: DP 2014-91

The Commission considered an amendment to the Providence Montessori School project. 46:48

Proposal

The amendment included the following modifications: - Addition of an entrance on Pilgrim Court - Revision of parking arrangements - Relocation of the dumpster

Key Discussion Points

Staff determined that no waiver was required for this amendment, as there was no intent to subdivide the property. The applicant had submitted all required documentation for the Commission's review.

Speakers

The discussion involved Mr. Martin and Mr. Kaley.

Outcome

The Commission approved the amendment to Providence Montessori School.

RECREATION AND TOURISM LAND USES

The Commission discussed a Zoning Ordinance text amendment (ZOTA 2014-4) regarding recreation and tourism land uses. 6:11

Staff Recommendation

Staff recommended approval of the proposed amendment, noting that it aligns with the 2013 Comprehensive Plan and supports rural land management goals.

Key Participants

Ms. Mundy and Mr. Martin were the primary speakers on this agenda item.

Outcome

The Commission deferred action on ZOTA 2014-4 to January 29, 2015. The deferral was made to allow for further review of the proposal and to gather additional public input before proceeding with a final decision.

HARVEY PROPERTY

Plan Identifier: PLAN 2014-93F

The Commission addressed the Harvey Property plan during this meeting 5:04. Mr. Kahly was the key speaker on this agenda item.

The item was originally included on the consent agenda but was removed to allow for further discussion. At the applicant's request, the Commission voted to postpone the review of the Harvey Property plan. The new hearing date was scheduled for December 11, 2014.

Outcome: Postponed to December 11, 2014