Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on April 9, 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 addressed ten agenda items. The Commission took seven votes and heard four public comments during the session.

The meeting resulted in one postponement and nine approvals. Plan 2014-101F for Long Valley Farm, KY, Inc., Unit 2-B was postponed. The Commission approved eight development and planning items, including Plan 2005-166F and Plan 2007-156F for the Clark Property, DP 2015-24 for Boonesboro Manor Unit 1 Block A, DP 2012-62 for Victory Apostolic Church, Inc., Plan 2015-30CE for Belldale Addition, DP 2015-22 for South Elkhorn Village, Plan 2015-33F for Cardinal Hill Hospital, and PFR 2015-2 regarding the relocation of the Lexington Public Library's Eagle Creek Branch to 3000 Blake James Drive. The Commission also approved the cancellation of the April 23, 2015 Zoning Items Public Hearing. Several of the approved items included deadline dates for further action, ranging from May 26, 2015, through June 30, 2015.

Attendance

The following individuals were present at the meeting on April 9, 2015:

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

No absences or late arrivals were recorded.

Votes and Decisions

Indefinite Postponement of Plan 2014-101F: Long Valley Farm, KY, Inc., Unit 2-B (AMD) 6:31 Motion by Frank Penn, seconded by Carolyn Plumlee. The motion to indefinitely postpone this plan passed unanimously with 11 ayes and 0 nays.

Approval of Consent Agenda Items 10:21 Motion by Carolyn Plumlee, seconded by Karen Mundy. The consent agenda was approved unanimously with 11 ayes and 0 nays.

Approval of Plan 2015-33F: Cardinal Hill Hospital (George, Wash & Meet Property) (AMD) 18:29 Motion by Patrick Brewer, seconded by Carolyn Richardson. The plan was approved unanimously with 11 ayes and 0 nays. The approval includes the condition that prior to certification of the Final Record Plat, private sewer easements and notes regarding maintenance and/or replacement of the sanitary sewer lines must be denoted to the approval of the Divisions of Engineering and Water Quality.

Approval of Waiver to Articles 6-2(a) and 6-6(b) of the Land Subdivision Regulations for Plan 2015-33F 19:02 Motion by Patrick Brewer, seconded by Carolyn Richardson. The waiver was approved unanimously with 11 ayes and 0 nays.

Approval of Release and Call of Bonds 20:21 Motion by Mike Cravens, seconded by Bill Wilson. The release and call of bonds as detailed in a memorandum dated April 9, 2015, from Barry Brock, Division of Engineering, was approved unanimously with 11 ayes and 0 nays.

Approval of PFR 2015-2: Lexington Public Library - Relocation of Eagle Creek Branch to 3000 Blake James Drive (Eastside Branch) 35:33 Motion by Frank Penn, seconded by Mike Owens. The project was approved unanimously with 11 ayes and 0 nays. The approval includes conditions to maintain existing landscape material as much as possible and to screen vehicular use areas in compliance with Article 18 of the zoning ordinance.

Cancellation of April 23, 2015 Zoning Items Public Hearing 37:05 Motion by Frank Penn, seconded by Mike Owens. The cancellation passed unanimously with 11 ayes and 0 nays.

Public Comment

Four speakers addressed the meeting regarding the proposed project.

Ms. Plumlee 29:46 raised concerns about access and traffic conditions at the new library site. She asked about the left turn lane and traffic congestion at the intersection of Blake James Drive and Palumbo Drive, noting particular difficulty turning left during peak hours.

Ms. Mundy 30:48 inquired about green building certification for the project. She asked whether the project would pursue LEED certification. Staff responded that the project would not pursue LEED certification, though it would follow energy-efficient best practices.

Mr. Penn 33:24 questioned whether the single ingress/egress point would be acceptable to the fire department. The fire department responded that the layout would allow full coverage and was acceptable.

Mr. Phillips 17:22 represented the applicant and addressed Plan 2015-33F. He confirmed the applicant's agreement with staff recommendations and the revised condition regarding private sewer easements.

Contested Items

Private Sewer Line and Public Sewer Requirements

The board considered whether to grant a waiver allowing a private sewer line located under a building to remain private, despite Land Subdivision Regulations that typically require public sewer service. This issue resulted in a split vote among board members.

The disagreement centered on whether an exception to the standard public sewer requirement was justified in this case. However, no formal opposition was raised during the voting process, suggesting that while board members were divided on the matter, concerns were not vocally contested at the meeting.

The split vote indicates that the board was not unanimous in its decision regarding the waiver request, though the specific vote count and the ultimate outcome of the request are not detailed in the available meeting record.

Plan 2014-101F: Long Valley Farm, KY, Inc., Unit 2-B (AMD)

5:56

The plan for Long Valley Farm, KY, Inc., Unit 2-B was discussed as an amendment (AMD) to a previously submitted proposal. Tom Martin presented information regarding the status of this agenda item.

The plan was indefinitely postponed due to the applicant's failure to comply with a specific regulatory requirement. According to Article 6-4(j)(6) of the Land Subdivision Regulations, a required sign must be posted on the property. This sign had not been posted as mandated.

Staff received a formal request from the applicant for indefinite postponement of the plan. No objections to this postponement were raised during the meeting.

Outcome: The plan was indefinitely postponed.

Plan 2005-166F: Clark Property, Unit 1-B (6/30/15)*

7:35

The meeting addressed a request for a one-year extension of Plan 2005-166F for the Clark Property, Unit 1-B. Chris King and Bill Sallee presented the item.

The plan was approved for the requested one-year extension. The approval was subject to the same conditions that had been established in the previous approval on April 10, 2014.

As part of the extension approval, the plan required the following additions:

• Private utility information
• Owner/developer information
• Urban Forester approval

Plan 2007-156F: Clark Property, Unit 1-M (6/30/15)*

7:35

Plan 2007-156F for the Clark Property, Unit 1-M was presented for consideration at the April 9, 2015 meeting. Chris King and Bill Sallee were the key speakers on this agenda item.

The plan was approved for a one-year extension. The approval was subject to the same conditions that had been previously approved on April 10, 2014. The extension included updated scale information and private utility details as part of the approval requirements.

Outcome: The plan was approved.

DP 2015-24: Boonesboro Manor, Unit 1, Block A (Interstate Park) (AMD) (5/31/15)*

8:42

Cheryl Gallt presented the development plan for Boonesboro Manor, Unit 1, Block A (Interstate Park).

The development plan was approved subject to the following conditions:

• Approval from the Urban County Traffic Engineer
• Approval from Building Inspection
• Approval from the Division of Water Quality
• Clarification of sanitary sewer easements
• Clarification of utility easements

The outcome of this agenda item was approval.

DP 2012-62: Victory Apostolic Church, Inc. (6/25/15)*

The plan was reapproved with conditions. Cheryl Gallt presented this item 8:42.

The plan received approval with the original conditions maintained, along with one additional requirement: documentation of the Division of Water Quality's approval of Capacity Assurance Program requirements must be provided prior to certification.

Plan 2015-30CE: Belldale Addition (AKA: Wickliffe Land Co.) (AMD.) (6/15/15)*

9:15

The minor plan for Belldale Addition, also known as the Wickliffe Land Co. project, was presented for approval. Cheryl Gallt served as the key speaker on this agenda item.

The plan was approved with the following conditions:

• Urban County Traffic Engineer approval of new access
• Documentation of Division of Water Quality's approval
• Revisions to building lines and plat title block

The outcome of the discussion was approval of the minor plan.

DP 2015-22: South Elkhorn Village (The Coffee Pub) (AMD) (5/26/15)*

9:15

The development plan for South Elkhorn Village (The Coffee Pub) was presented as an amendment to an existing development plan. Cheryl Gallt presented this agenda item to the board.

The development plan was approved by the board, subject to the following conditions:

• Division of Water Quality approval of floodplain information
• Approval of interior circulation
• Documentation of Capacity Assurance Program requirements

The approval was granted with these conditions in place to ensure compliance with water quality standards, proper site circulation design, and capacity assurance documentation.

Plan 2015-33F: Cardinal Hill Hospital (George, Wash & Meet Property) (AMD) (6/23/15)

Overview

Plan 2015-33F concerning Cardinal Hill Hospital's George, Wash & Meet Property underwent discussion and was subsequently approved by the body.

Key Participants

The discussion involved Tom Martin and Kevin Phillips.

Action Taken

The plan was approved with modifications to its conditions. A revised condition was implemented regarding private sewer easements. Additionally, a waiver was granted to Articles 6-2(a) and 6-6(b) of the Land Subdivision Regulations. This waiver permitted the existing private sewer line to remain in place due to a structural conflict that would have prevented relocation or modification of the line.

Transcript Location

The relevant discussion can be found at approximately 11:45 in the meeting recording.

PFR 2015-2: Lexington Public Library - relocation of Eagle Creek Branch to 3000 Blake James Drive (Eastside Branch)

20:21

A Public Facility Review was presented regarding the relocation of the Eagle Creek Branch of the Lexington Public Library to 3000 Blake James Drive, which would become the Eastside Branch.

Key Speakers

Barbara Rackers and Josh Ives presented on this agenda item.

Outcome

The Public Facility Review was approved. The project was confirmed to be in compliance with the Comprehensive Plan and Destination 2040.

Recommendations

The approval included recommendations to: - Maintain existing landscape - Screen vehicular areas per zoning requirements

Cancellation of April 23, 2015 Zoning Items Public Hearing

36:34

The April 23, 2015 zoning items public hearing was canceled due to a postponement request from the applicant. Bill Sallee presented this item, noting that the applicant requested to move the only item scheduled for that hearing to the May meeting instead.

The cancellation was approved.