Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on March 12, 2015, 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 10 agenda items and resulted in 18 motions and votes. The commission heard 7 public comments during the session.

The meeting covered a range of planning matters, including approval of previous meeting minutes, consideration of postponements or withdrawals, review of land subdivision items, and approval of performance bonds and letters of credit. Commission items and staff items were also addressed. The meeting concluded with announcements of next meeting dates before adjournment.

Attendance

The following 25 individuals were present at the meeting on March 12, 2015:

• Mike Owens
• Mike Cravens
• Will Berkley
• Patrick Brewer
• Karen Mundy
• Carolyn Plumlee
• Joseph Smith
• Bill Wilson
• David Drake
• Frank Penn
• Chris King
• Bill Sallee
• Barbara Rackers
• Tom Martin
• Cheryl Gallt
• Kelly Hunter
• Dave Jarman
• Denice Bullock
• Hillard Newman
• Casey Kaucher
• Tim Queary
• Greg Lengal
• Joshua Thiel
• Tracy Jones
• Andrea Brown

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Amended Minutes 9:51 The amended minutes from December 11, 2014 were approved unanimously. Motion by Mr. Cravens, seconded by Ms. Richardson. All 11 members voted in favor.

Postponements Three items were postponed by unanimous vote: - DP 2015-18: Fritz Farm, LLC & DMK Development Group postponed to March 28, 2015 11:04. Motion by Mr. Penn, seconded by Mr. Wilson. - Plan 2014-101F: Long Valley Farm, KY, Inc., Unit 2-B postponed to April 9, 2015 12:17. Motion by Ms. Plumlee, seconded by Ms. Richardson. - Work session postponed to March 19, 2015 12:47. Motion by Ms. Mundy, seconded by Ms. Plumlee.

Plan Approvals Five subdivision and development plans were approved unanimously: - Plan 2015-12F: Melrose Addition, Block D, Lots 2 & 3, with deletion of condition #12 19:00. Motion by Mr. Brewer, seconded by Ms. Richardson. - Plan 2015-13F: Clark Property, Unit 3-A, with deletion of condition #8 24:58. Motion by Mr. Cravens, seconded by Ms. Mundy. - Plan 2015-14F: Clark Property, Unit 3-B, with deletion of condition #9 24:58. Motion by Mr. Cravens, seconded by Ms. Mundy. - Plan 2015-20F: Woodland Park Subdivision (AMD), with deletion of condition #12 and revision of condition #13 36:49. Motion by Mr. Wilson, seconded by Mr. Smith. - Plan 2015-21F: Watts Farm, Tract 4, Lot 1 (AMD) 38:59. Motion by Mr. Chairman, seconded by Mr. Carter.

Development Plan Approvals Six development plans were approved unanimously: - DP 2015-15: Clays Mill Center, Unit 1-B, Block B, Lot 2 (AMD) 42:57. Motion by Mr. Chairman, seconded by Mr. Boaz. - DP 2015-16: Tattersall Square, Lot 2 (AMD) 53:59. Motion by Ms. Richardson, seconded by Mr. Penn. - DP 2015-17: Adams Property (AMD) 1:08:40. Motion by Ms. Richardson, seconded by Ms. Plumlee. - DP 2015-19: South Farm Marketplace, Lot 3 (AMD) 1:11:30. Motion by Mr. Berkley, seconded by Mr. Smith. - DP 2014-80: Providence Place, Tract 3, Lots 5A & 5B (AMD) 1:14:59. Motion by Mr. Smith, seconded by Mr. Smith. - DP 2014-72: Coons Property, Tract 1 1:22:50. Motion by Mr. Smith, seconded by Mr. Smith.

Performance Bonds and Letter of Credit 1:23:21 Approval passed unanimously. Motion by Mr. Chairman, seconded by Ms. Plumlee.

Appeal BOAR 2015-1: Mike L. Warner A motion to disapprove the appeal failed 5-6 2:29:22. Motion by Mr. Brewer, seconded by Mr. Smith. Voting in favor: Mike Owens, Mike Cravens, Will Berkley, Patrick Brewer, Karen Mundy. Voting against: Carolyn Plumlee, Joseph Smith, Bill Wilson, David Drake, Frank Penn, Chris King.

A subsequent motion to approve the appeal passed 6-4 2:39:37. Motion by Mr. Smith, seconded by Mr. Barkley. Voting in favor: Mike Owens, Mike Cravens, Will Berkley, Patrick Brewer, Karen Mundy, Carolyn Plumlee. Voting against: Joseph Smith, Bill Wilson, David Drake, Frank Penn.

Public Comment

Seven speakers addressed the body during public comment, primarily discussing a vinyl fence installation in the Ashland Park Historic District and related regulatory concerns.

Mr. Warner [02:00:08] spoke in appeal of a decision regarding his vinyl fence installation. He acknowledged installing vinyl rather than the approved wood fence, but argued for grandfathering the installation based on its aesthetic quality, public recognition, and the absence of explicit prohibition against vinyl in the fence guidelines.

Mr. Brewer [02:13:23] supported upholding the Board of Architectural Review (BOAR) decision, praising the renovation quality while arguing that mistakes cannot be grandfathered and that existing guidelines should be enforced.

Mr. Cravens [02:16:31] identified a regulatory gap, noting that the lack of explicit mention of vinyl fences in the guidelines creates a loophole. He recommended revising the rules to address modern materials.

Ms. Plumlee [02:18:05] expressed concern about inconsistent enforcement, emphasizing that past decisions were not enforced and calling for consistent application of commission rulings.

Mr. Drake [02:19:12] acknowledged the tension between preserving historic character and accommodating modern, safer materials like vinyl. He suggested a review of the guidelines to address this balance.

Ms. Richardson [02:21:51] criticized ambiguous language in the design guidelines, specifically the use of "typically" and material lists that could be misinterpreted. She called for more specific wording.

Ms. Mundy [02:24:58] noted that vinyl fences are permitted in Williamsburg, Virginia's historic district, suggesting that Lexington's guidelines may be outdated by comparison.

The comments collectively raised questions about guideline clarity, enforcement consistency, and whether regulations should be updated to reflect modern materials and practices used in other historic districts.

Contested Items

Vinyl Fence in Ashland Park Historic District

A heated discussion arose regarding the approval of a vinyl fence in the Ashland Park Historic District, prompted by an appeal from Mike L. Warner. The core disagreement centered on whether the vinyl fence should be grandfathered despite being explicitly prohibited by the district's design guidelines.

The debate reflected a fundamental tension between strict adherence to historic preservation standards and allowing exceptions for existing installations. The initial motion to disapprove the fence resulted in a closely divided vote of 5-6, indicating significant disagreement among decision-makers about the appropriate course of action.

Following this split decision, a second vote was held on the matter. This vote passed 6-4 in favor of approval, ultimately allowing the vinyl fence to remain in the Ashland Park Historic District despite its conflict with established design guidelines.

Call to Order

The meeting was called to order at 1:30 p.m. in the Council Chambers 0:00. Mike Owens presided over the opening of the session.

Approval of Minutes

The amended minutes from the December 11, 2014 meeting were presented for approval. 9:51

Mr. Cravens moved to approve the minutes, and Ms. Richardson seconded the motion. The minutes were approved unanimously.

Postponements or Withdrawals

Three postponement requests were considered and approved during this agenda item. 11:04

Postponements Granted:

• DP 2015-18 was postponed to March 28, 2015
• Plan 2014-101F was postponed to April 9, 2015
• Work session was postponed to March 19, 2015

Speakers and Outcome:

Mr. Penn, Ms. Plumlee, and Ms. Mundy participated in the discussion. All three postponement motions passed unanimously.

Land Subdivision Items

During this agenda item, the board discussed and acted upon several subdivision plans. 19:00

Plans Reviewed and Approved

Four subdivision plans were presented for consideration:

• Plan 2015-12F – Approved with the deletion of condition #12
• Plan 2015-13F – Approved with the deletion of condition #8
• Plan 2015-14F – Approved with the deletion of condition #9
• Plan 2015-20F – Approved with a revised condition #13 and deletion of condition #12

Key Participants

The discussion involved Mr. Jarman, Ms. Gallt, Mr. Kahly, and Mr. Murphy.

Outcome

All four subdivision plans were approved. The board made modifications to the standard conditions attached to these plans, removing certain conditions entirely in three cases and revising a condition in one case.

Performance Bonds and Letters of Credit

The board discussed the release and call of bonds dated March 12, 2015. Mr. Chairman presided over this agenda item.

The matter was brought to a vote and approved unanimously by the board.

Commission Items

The Commission discussed an appeal by Mike L. Warner regarding a vinyl fence in the Ashland Park Historic District 2:29:22.

Speakers and Participants

The following individuals participated in the discussion: Ms. Rackers, Mr. Dennis, Mr. Warner, Mr. Brewer, Mr. Cravens, Ms. Plumlee, Mr. Drake, Ms. Richardson, and Ms. Mundy.

Outcome

A motion to disapprove the appeal failed with a vote of 5-6. A subsequent motion to approve the appeal passed with a vote of 6-4. The appeal was ultimately approved.

Staff Items

12:47

Mr. King announced an upcoming work session scheduled for March 19, 2015. The work session will focus on discussion of the ZOTA 2014-4: Recreation and Tourism Land Uses petition.

This item was presented for informational purposes.

Audience Items

No audience items were presented during this portion of the meeting.

Next Meeting Dates

The following meeting dates were announced:

• Subdivision Committee: April 2, 2015
• Subdivision Items Public Meeting: April 9, 2015

This was presented as an informational item with no debate or concerns raised.

Adjournment

The meeting was adjourned at approximately 2:40:09 following a motion by Mr. Smith and a second by Mr. Barkley.