Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on May 14, 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 related to various subdivision and property development proposals. The Commission took eleven motions and votes during the session and heard ten public comments from attendees.

Of the ten agenda items considered, nine were approved and one was denied. The denied item was the Ashland Park, Inc. Subdivision, Unit 12, Lot 3 (AMD). The approved items included Kingston Hall, Unit 2 (East Bridgeford Land & Development Co.), Local Enterprises, Tuscany Unit 8-B, Dozier Property Units 1 and 2, Hamburg Plaudit Place Lot 3 (AMD), Beaumont Farm Unit 1 Section 4 Lots 3 & 7, Brookhaven Subdivision (AMD), and NDC Property Unit 4 Section 1 Lot 1.

Attendance

Present: Mike Owens, Mike Cravens, Patrick Brewer, Karen Mundy, Carolyn Plumlee, Joseph Smith, Bill Wilson, and Frank Penn.

Absent: Will Berkley, Carolyn Richardson, and David Drake.

Late arrivals: None.

Votes and Decisions

Postponement of DP 2015-29: Poole & Jefferson Property (Bruce Glen Property) (AMD) 12:07 Motion by Bill Wilson, seconded by Patrick Brewer. Passed by voice vote, 8-0. All members voted in favor: Mike Owens, Mike Cravens, Patrick Brewer, Karen Mundy, Carolyn Plumlee, Joseph Smith, Bill Wilson, and Frank Penn.

Postponement of DP 2015-30: High Point Subdivision (Monon, Inc.) 13:11 Motion by Frank Penn, seconded by Joseph Smith. Passed by voice vote, 8-0. All members voted in favor.

Approval of Consent Agenda Items 15:49 Motion by Mike Cravens, seconded by Karen Mundy. Passed by voice vote, 8-0. All members voted in favor.

Postponement of PLAN 2015-36F: Ashland Park, Inc. Subdivision, Unit 12, Lot 3 (AMD) 24:15 Motion by Mike Cravens, seconded by Karen Mundy. Failed by roll call vote, 4-4. Voting in favor: Mike Cravens, Karen Mundy, Patrick Brewer, and Bill Wilson. Voting against: Mike Owens, Carolyn Plumlee, Joseph Smith, and Frank Penn.

Disapproval of PLAN 2015-36F: Ashland Park, Inc. Subdivision, Unit 12, Lot 3 (AMD) 2:01:54 Motion by Carolyn Plumlee, seconded by Mike Cravens. Passed by roll call vote, 8-0. All members voted in favor.

Approval of Plan 2015-37F: Kingston Hall, Unit 2 (East Bridgeford Land & Development Co.) 2:17:18 Motion by Patrick Brewer, seconded by Frank Penn. Passed by roll call vote, 8-0. All members voted in favor. Conditions approved: Change Note 11 from 'discussed' to 'resolved' and approval of access easement.

Approval of Plan 2015-38F: Local Enterprises with Revised Conditions 2:48:25 Motion by Patrick Brewer, seconded by Carolyn Plumlee. Passed by roll call vote, 8-0. All members voted in favor. Conditions approved: Temporary access shall be provided to Lot 2 from Lot 1 and resolved at the time of amended final record plat of Lot 1; note building line (20 feet minimum) from Lauderdale Drive on Lot 2.

Approval of Waiver for Plan 2015-38F: Local Enterprises 2:50:41 Motion by Patrick Brewer, seconded by Carolyn Plumlee. Passed by roll call vote, 8-0. All members voted in favor.

Approval of DP 2015-32: Brookhaven Subdivision 2:53:59 Motion by Patrick Brewer, seconded by Carolyn Plumlee. Passed by roll call vote, 8-0. All members voted in favor. Condition 13 removed: discussion of stormwater detention resolution.

Reapproval of DP 2005-20: NDC Property Unit 4, Section 1, Lot 1 2:57:45 Motion by Carolyn Plumlee, seconded by Mike Cravens. Passed by roll call vote, 8-0. All members voted in favor. Conditions approved: approval of addresses per e-911 staff; addition of a second Commission's certification; documentation of Division of Water Quality's approval of Capacity Assurance Program requirements prior to plan certification.

Adjournment 2:58:16 Motion by Mike Owens, seconded by Carolyn Plumlee. Passed by roll call vote, 8-0. All members voted in favor.

Public Comment

Ten residents of Clinton Road spoke during the public comment period, all expressing opposition to PLAN 2015-36F, which proposes a setback change for 508 Clinton Road.

Neighborhood Character and Property Values

Linda Allen, a resident of 504 Clinton Road, opened the public comment period at 1:11:22, expressing strong opposition to the proposed setback change and citing concerns about neighborhood character, safety, property values, and precedent. Monica Kern, owner of 505 Clinton Road, followed at 1:18:57, arguing that the setback change would disrupt the harmonious appearance of the street and negatively impact property values.

Precedent and Development Concerns

Linda Price, a resident of 501 Clinton Road, warned at 1:22:44 that approving the setback change would set a precedent that could lead to subdivision of corner lots and harm neighborhood character. Michael Genovese, a resident of 525 Clinton Road, stated at 1:37:39 that the proposed change was a public solution to a private problem and could encourage developers to exploit the neighborhood. John Van Ogle, a resident of 304 Clinton Road, warned at 1:40:21 that the decision could attract developers interested in the large lot sizes.

Safety and Community Impact

Catherine Donworth, a resident of 512 Clinton Road, raised safety concerns at 1:33:42, stating she can no longer monitor her daughter's play due to the proposed change in setback. Anne Donworth, a new resident of 405 Clinton Road, supported the neighborhood's concerns at 1:34:45, noting the street's value for children and the availability of space for alternative solutions.

Existing Plat and Fairness

Jerry Calvert, a long-time Clinton Road resident, urged the Commission at 1:27:34 to deny the request, emphasizing community cooperation and the importance of preserving the street's character. John Price, a resident of 509 Clinton Road, emphasized at 1:41:25 that 54 other homeowners had invested based on the existing plat and should not be undermined by one exception. Jane Farmer, also a resident of 509 Clinton Road, expressed concern at 1:42:38 that the change would reduce her front yard and impact her grandchildren's visits.

Contested Items

PLAN 2015-36F: Ashland Park, Inc. Subdivision

A proposal to reduce the building line setback on Lot 3 from 50 feet to 30 feet generated substantial community opposition. More than 10 residents spoke against the reduction, expressing concerns about neighborhood character, safety, and the potential precedent it would establish. The setback reduction was the primary point of contention between the applicant and the community members present at the meeting.

PLAN 2015-38F: Local Enterprises

A procedural dispute emerged regarding access to a lot located in Jesmond County. Staff members insisted that a temporary access easement from Fayette County was required for the project to proceed. The applicant contested this requirement, arguing that the easement was unnecessary and could create obstacles to future development of the property. The disagreement centered on whether the easement was a mandatory condition or an avoidable procedural step.

ASHLAND PARK, INC. SUBDIVISION, UNIT 12, LOT 3 (AMD)

Plan 2015-36F

The Planning Commission discussed a request to reduce the building line setback from 50 feet to 30 feet on Lot 3 of Ashland Park, Inc. Subdivision, Unit 12. 25:21

Staff Recommendation and Concerns

Staff recommended disapproval of the plan based on Article 5-4(d)(6) of the Land Subdivision Regulations. The recommendation cited unusual notes on the original plat and noted that the requested change would constitute a 40% reduction in the front yard setback requirement.

Applicant's Position

The applicant argued that the proposed setback reduction was consistent with applicable zoning requirements and cited precedent for similar modifications.

Commission Discussion

Key speakers during the hearing included Bill Sallee, Richard Murphy, Linda Allen, Monica Kern, and Jerry Calvert. The Commission conducted a lengthy hearing on the matter, during which public opposition to the proposal was expressed.

Outcome

The Planning Commission voted to disapprove the plan.

KINGSTON HALL, UNIT 2 (EAST BRIDGEFORD LAND & DEVELOPMENT CO.)

Plan Identifier: PLAN 2015-37F

The Commission considered an amended record plat for Kingston Hall, Unit 2, submitted by East Bridgeford Land & Development Co. 2:08:58

Issue Presented

The primary issue involved a conflict between a proposed access easement and the required buffer along the Urban Service Area. The easement location created a potential violation of buffer requirements applicable to the project.

Key Speakers

Tom Martin and Rory Cayley participated in the discussion of this agenda item.

Resolution

The applicant agreed to relocate the access easement to resolve the conflict with the Urban Service Area buffer requirement. Following this modification, the Commission approved the amended record plat.

Finding

The Commission made a finding that the access easement, as relocated, was appropriate for a government facility.

Outcome

The plan was approved.

LOCAL ENTERPRISES

The Commission reviewed PLAN 2015-38F, a request to subdivide a tract in Jesmond County. 2:20:37

Proposal and Waivers Requested

The applicant sought approval for the subdivision along with three waivers: substantial completion, bonding, and sanitary sewers. According to the summary, the applicant's intent was to avoid a jurisdictional barrier through this subdivision request.

Discussion

Tom Martin and Rory Cayley were the key speakers during the discussion of this agenda item. The Commission engaged in deliberation regarding the proposed waivers and the conditions under which they might be granted.

Outcome

The Commission approved the waivers with conditions. A significant condition of the approval was the requirement for a temporary access easement to Lot 2, which would facilitate access to the subdivided property.

TUSCANY, UNIT 8-B

Plan Identifier: PLAN 2015-39F

The Commission approved the conditional approval of the Tuscany, Unit 8-B final subdivision plan as part of the consent agenda 14:11.

Approval Details

The final subdivision plan received conditional approval with standard conditions required for:

• Engineering approvals
• Traffic approvals
• Environmental approvals

Outcome

The item was approved as presented on the consent agenda.

DOZIER PROPERTY, UNIT 1

Plan: 2015-46F

The Commission approved conditional approval of the Dozier Property, Unit 1 final subdivision plan as part of the consent agenda 14:45.

Approval Details

The final subdivision plan received conditional approval with standard conditions required for:

• Engineering approvals
• Traffic approvals
• Environmental approvals

Outcome

The item was approved.

DOZIER PROPERTY, UNIT 2

Plan Identifier: PLAN 2015-47F

The Commission approved the conditional approval of the Dozier Property, Unit 2 final subdivision plan as part of the consent agenda 15:18.

Approval Details

The final subdivision plan received conditional approval with standard conditions required for the project to proceed. These conditions encompassed engineering, traffic, and environmental approvals necessary for development.

Outcome

The item was approved by the Commission.

HAMBURG PLAUDIT PLACE, LOT 3 (AMD)

Agenda Item: DP 2015-28

The Commission approved the conditional approval of the Hamburg Plaudit Place, Lot 3 amended development plan as part of the consent agenda 15:49.

Presentation and Outcome

Bill Sallee presented this item to the Commission. The amended development plan received conditional approval, with the approval contingent upon standard conditions for engineering, traffic, and environmental approvals.

The item was processed through the consent agenda, indicating it was considered a routine matter without significant controversy or extended discussion.

BEAUMONT FARM, UNIT 1, SEC. 4, LOTS 3 & 7

Agenda Item: DP 2015-31

The Commission approved the conditional approval of the Beaumont Farm, Unit 1, Section 4, Lots 3 & 7 final development plan as part of the consent agenda 15:49.

Approval Details

The final development plan received conditional approval with standard conditions for engineering, traffic, and environmental approvals required before proceeding.

Outcome

The item was approved.

BROOKHAVEN SUBDIVISION (AMD)

Agenda Item: DP 2015-32

The Commission considered the Brookhaven Subdivision redevelopment plan 2:51:42.

Presentation and Recommendation

Staff presented the redevelopment plan and recommended approval with a specific modification. The recommendation included removal of the stormwater detention condition, with staff citing redevelopment guidelines as the basis for this removal.

Key Participants

Tom Martin and Chris Westover were the primary speakers during discussion of this item.

Commission Action

The Commission approved the Brookhaven Subdivision redevelopment plan with the stormwater detention condition removed, as recommended by staff.

NDC PROPERTY UNIT 4, SECTION 1, LOT 1

The Commission reapproved the 2005 NDC Property Unit 4, Section 1, Lot 1 final development plan 2:55:03. This reapproval was necessary because the plan had not been reapproved since its original 2005 approval, which was required under zoning ordinance requirements.

Key Speakers

Tom Martin and Gene Alexander presented and discussed this agenda item.

Staff Recommendation

Staff recommended approval of the reapproval with three new conditions. These conditions were adopted by the Commission as part of the approval process.

Outcome

The Commission approved the reapproval of the NDC Property Unit 4, Section 1, Lot 1 final development plan with the three new conditions recommended by staff.