Planning Commission Subdivision Public Hearing

Summary

Meeting Overview

The Urban County Planning Commission met on June 11, 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 consideration of 20 agenda items. The Commission took 12 motions and votes during the session and heard 4 public comments.

Of the 20 items on the agenda, 18 were approved, including subdivisions and property amendments such as Greendale Hills Unit 2-B, Coventry (Belmont Farm) Lot 6, The Fairways at Andover Unit 1-C, and Thistle Station. Additional approvals included the Waller Property (Northwood Subdivision) for a Popeye's location, South Broadway Place for a Sonic location, and a petition for zone map amendment by Elizabeth Brooks Bullitt. The Commission also approved a proposal for Temporary Cellular Towers. Two items were postponed: the Poole & Jefferson Property (Bruce Glen Property) and the High Point Subdivision (Monon, Inc.).

Attendance

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

Absent: Will Berkley and Patrick Brewer.

Late: Karen Mundy arrived after the meeting began.

Votes and Decisions

Indefinite Postponement of DP 2015-29: Poole & Jefferson Property (Bruce Glen Property) 1:25:17 Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Postponed by voice vote. All eight members voted in favor: Mike Cravens, Carolyn Richardson, Mike Owens, Joseph Smith, Bill Wilson, Frank Penn, David Drake, and Carolyn Plumlee.

Indefinite Postponement of DP 2015-30: High Point Subdivision (Monon, Inc.) 1:25:49 Motion by Carolyn Plumlee, seconded by Joseph Smith. Outcome: Postponed by voice vote. All eight members voted in favor: Carolyn Plumlee, Joseph Smith, Mike Owens, Mike Cravens, Bill Wilson, Frank Penn, David Drake, and Carolyn Richardson.

Approval of Consent Agenda Items 1:30:14 Motion by Frank Penn, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor.

Approval of DP 2015-44: Thistle Station 1:39:35 Motion by Bill Wilson, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions approved include compliance with an approved character and context study and closure of the King Street right-of-way prior to plan certification.

Approval of DP 2015-41: Harvey Property 1:55:06 Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include provisions for sidewalk construction on Tracery Oaks Drive, pavement depth approval, and parking prohibitions around the cul-de-sac.

Approval of DP 2015-42: Wendell Subdivision 2:12:09 Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include cul-de-sac design requirements and emergency vehicle access provisions.

Approval of DP 2015-45: Headley Subdivision 2:32:35 Motion by Carolyn Richardson, seconded by David Drake. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include facade design compliance and gate design to prevent cut-through traffic.

Approval of DP 2015-50: James W. Atkins Property 2:43:05 Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include emergency access lane location and Technical Committee review requirements.

Release and Call of Bonds 2:44:15 Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor.

MARV 2015-9: Zone Map Amendment for Elizabeth Brooks Bullitt 3:05:05 Motion by Carolyn Richardson, seconded by David Drake. Outcome: Passed by voice vote. All eight members voted in favor. The ND1 restriction regarding front yard fences was deleted, allowing construction of a fence up to seven feet tall.

MARV 2015-9: Variance for Front Yard Fence Height 3:05:36 Motion by David Drake, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions limit fence height to seven feet and require consistency with adjacent properties.

Approval of Temporary Cell Tower at Keeneland 3:16:35 Motion by Carolyn Richardson, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions require an 8-foot security fence and removal by November 15th.

Public Comment

Four speakers provided public comments during the meeting, each representing applicants for various development and zoning matters.

Darby Turner 3:02:16 spoke in support of a zone map amendment and variance for a front yard fence. Mr. Turner, representing the applicant, stated that neighbors and the association have no objection to the fence. He noted that the property is under common ownership and emphasized the need for continuity in appearance, citing the unique circumstances of the property.

Dick Murphy 2:04:42 addressed DP 2015-42: Wendell Subdivision, expressing support for the project. Mr. Murphy, representing the applicant, stated his agreement with the staff's recommendations. He clarified that the development would not include parking on the cul-de-sac and indicated that the median was not necessary for safety purposes.

Chris Westover 2:25:12 spoke regarding DP 2015-45: Headley Subdivision. Ms. Westover, representing the applicant, confirmed agreement with all conditions proposed for the project. She noted that the developer is actively working with a committee of concerned citizens to address design issues.

Matt Carter 2:39:40 provided comments on DP 2015-50: James W. Atkins Property. Mr. Carter explained the decision to omit a sidewalk from the project, stating that safety concerns prompted this choice due to the slope being too steep for a safe and accessible sidewalk.

Appointments

The following appointments and reappointments to the Urban County Planning Commission were made:

New Appointment: - Mike Owens was appointed to the Urban County Planning Commission

Reappointments: - Mike Cravens was reappointed to the Urban County Planning Commission - Karen Mundy was reappointed to the Urban County Planning Commission - Carolyn Plumlee was reappointed to the Urban County Planning Commission - Joseph Smith was reappointed to the Urban County Planning Commission - Bill Wilson was reappointed to the Urban County Planning Commission - Frank Penn was reappointed to the Urban County Planning Commission - Carolyn Richardson was reappointed to the Urban County Planning Commission - David Drake was reappointed to the Urban County Planning Commission

Contested Items

Cul-de-sac Design and Median Requirement for Wendell Subdivision

The Commission debated the necessity of a median in the cul-de-sac design for the Wendell Subdivision. Staff and fire officials opposed including a median, citing concerns about emergency vehicle access. The applicant, however, preferred the median for aesthetic reasons. The Commission ultimately approved the subdivision plan without the median, prioritizing emergency access over the applicant's design preference.

Sidewalk Connection to Tates Creek Road for James W. Atkins Property

A heated discussion arose regarding a proposed sidewalk connection to Tates Creek Road for the James W. Atkins Property. The central disagreement centered on whether omitting the sidewalk connection was justified. The applicant argued that constructing the sidewalk was unsafe and not accessible due to a steep slope on the property. Following this argument about safety and accessibility concerns, the Commission agreed to delete the condition requiring the sidewalk connection.

Poole & Jefferson Property (Bruce Glen Property) (AMD)

Agenda Item: DP 2015-29

Type: Discussion

Timestamp: [01:24:44]

The Planning Commission considered a request regarding the Poole & Jefferson Property, also known as the Bruce Glen Property. Tom Martin presented the matter to the Commission.

The applicant requested an indefinite postponement of the plan. The Planning Commission approved this request by voice vote, allowing the project timeline to be extended without a specific deadline for resubmission.

Outcome: Postponed indefinitely

High Point Subdivision (Monon, Inc.) (AMD)

Agenda Item: DP 2015-30

The Planning Commission considered a request for indefinite postponement of the High Point Subdivision plan submitted by Monon, Inc. 1:25:49

Tom Martin presented the matter to the Commission. The applicant requested that the plan be postponed indefinitely, and the Planning Commission approved this request by voice vote.

Outcome: The plan was postponed indefinitely.

Greendale Hills, Unit 2-B (8/2/15)*

Plan Identifier: PLAN 2015-48F

Item Type: Consent Agenda

Outcome: Approved

The Planning Commission considered the final subdivision plan for Greendale Hills, Unit 2-B during this consent agenda item 1:26:55.

The Subdivision Committee had previously reviewed the proposal and recommended conditional approval of the final subdivision plan. Key speakers on this item included Chris King and Tom Martin.

The Planning Commission approved the item by voice vote.

Coventry (Belmont Farm), Lot 6 (AMD) (8/2/15)*

Plan Identifier: PLAN 2015-49F

The Planning Commission considered an amended subdivision plan for Coventry (Belmont Farm), Lot 6. 1:26:55

The Subdivision Committee had previously reviewed this item and recommended conditional approval of the amended plan. Key speakers on this matter included Chris King and Tom Martin.

The Planning Commission approved the item by voice vote. The amended subdivision plan was approved as presented.

Mahan Property, Unit 1-L, Lot 23B (AMD) (8/2/15)*

Plan 2015-50F

The Planning Commission considered an amended subdivision plan for the Mahan Property, Unit 1-L, Lot 23B. 1:26:55

The Subdivision Committee had previously recommended conditional approval of the amended plan. At the Planning Commission meeting, the item was presented by Chris King and Tom Martin.

The Planning Commission approved the item by voice vote.

Outcome: Approved

The Fairways at Andover, Unit 1-C (8/17/15)*

Project Identifier: PLAN 2014-32F

Agenda Type: Consent Agenda

The Planning Commission considered a one-year extension of prior approval for The Fairways at Andover, Unit 1-C. The Subdivision Committee had recommended approval of the extension before it came before the full Planning Commission.

Key Speakers: Chris King and Tom Martin

Outcome: The Planning Commission approved the extension by voice vote 1:27:59.

300 West Vine, LLC Property (9/2/15)*

Identifier: PLAN 2013-53F

Item Type: Consent Agenda

Overview

The Planning Commission considered a request for a one-year extension of a prior approval for the 300 West Vine, LLC property. 1:27:59

Presentation and Discussion

Staff recommended approval of the one-year extension. Key speakers on this item included Chris King and Tom Martin.

Outcome

The Planning Commission approved the extension by voice vote.

Williams Property, Lot 1 (AMD) (8/2/15)*

Identifier: DP 2015-39

Item Type: Consent Agenda

The Planning Commission considered an amended development plan for the Williams Property, Lot 1. 1:28:32

Recommendation and Approval

The Subdivision Committee had previously recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote.

Key Participants

The discussion involved Chris King and Tom Martin.

Outcome

The amended development plan was approved.

Chesapeake Equine (AMD) (8/2/15)*

Agenda Item: DP 2015-40

The Planning Commission considered an amended development plan for Chesapeake Equine. 1:28:32

Recommendation and Approval

The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote.

Key Participants

Chris King and Tom Martin were the key speakers on this agenda item.

Outcome

The amended development plan was approved.

Kirklevington North, Tract B (AMD) (8/2/15)*

Item: DP 2015-43

The Planning Commission considered an amended development plan for Kirklevington North, Tract B. 1:29:07

Recommendation and Approval

The Subdivision Committee had previously recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote.

Key Participants

Chris King and Tom Martin were the key speakers on this agenda item.

Outcome

The amended development plan was approved.

Waller Property (Northwood Subdivision) (Popeye's) (AMD) (8/2/15)*

1:29:07

The Planning Commission considered an amended development plan for the Waller Property in the Northwood Subdivision, identified as DP 2015-46. This item appeared on the consent agenda.

The Subdivision Committee had previously reviewed the amended development plan and recommended conditional approval. Chris King and Tom Martin were the key speakers on this matter.

The Planning Commission approved the item by voice vote.

The outcome was approval of the amended development plan with conditions as recommended by the Subdivision Committee.

Executive Park, Lot 1 (AMD) (8/2/15)*

Identifier: DP 2015-47

Item Type: Consent Agenda

The Planning Commission considered an amended development plan for Executive Park, Lot 1. 1:29:40

Recommendation and Approval

The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote.

Key Participants

The discussion involved Chris King and Tom Martin.

Outcome

The amended development plan was approved.

South Broadway Place (Sonic) (AMD) (8/2/15)*

Item: DP 2015-48

Overview The Planning Commission considered an amended development plan for South Broadway Place (Sonic) at this meeting. 1:29:40

Recommendation and Action The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote.

Key Participants - Chris King - Tom Martin

Outcome Approved

Thistle Station (8/2/15)*

DP 2015-44

The Planning Commission discussed a proposal for Thistle Station, with the meeting segment occurring approximately 1 hour and 31 minutes into the session 1:31:28.

Background and Committee Recommendation

The Subdivision Committee had previously recommended postponement of this item due to compliance concerns that needed to be addressed before approval could be considered.

Presentation and Discussion

Staff and the applicant presented the plan to the Planning Commission. Key speakers during this discussion included Tom Martin and John Strigliano, who presented information and responded to questions about the proposal.

Following the presentations, the Planning Commission reviewed the plan and considered revised conditions that had been prepared in response to the earlier concerns raised by the Subdivision Committee.

Outcome

The Planning Commission approved the Thistle Station plan with revised conditions 1:31:28. The revised conditions addressed the compliance concerns that had prompted the Subdivision Committee's initial recommendation for postponement.

Harvey Property (AMD) (8/2/15)*

Identifier: DP 2015-41

The Planning Commission discussed a development proposal for the Harvey Property that included requests for waivers from standard requirements. 1:40:38

Key Speakers: - Tom Martin - Rena Wiseman

Proposal Details:

The applicant requested waivers for two standard requirements: - Sidewalk installation - Pavement depth specifications

Commission Action:

The Planning Commission approved the development plan subject to conditions. Notably, the Commission granted a waiver of the sidewalk requirement specifically on Tracery Oaks Drive, while maintaining other conditions for the project.

Outcome: Approved

Wynndale Subdivision, Lot 1 (8/2/15)*

Identifier: DP 2015-42

The Subdivision Committee's recommendation for approval with conditions was presented for this agenda item. The Planning Commission subsequently approved the subdivision plan with conditions. 1:57:34

Key Speakers: - Tom Martin - Dick Murphy

Outcome:

The plan received approval. A notable modification was made during the review process: the requirement for a median in the cul-de-sac was removed as part of the conditional approval.

Headley Subdivision, North Broadway Park Addition & Carr Builders (Embrace United Methodist Church)

Agenda Item: DP 2015-45

Discussion Type: Development Plan Review

Key Speakers: Tom Martin, Chris Westover

Outcome: Approved with conditions

The Planning Commission reviewed the development plan for the Headley Subdivision, North Broadway Park Addition, and Carr Builders project involving Embrace United Methodist Church. 2:12:40

The Subdivision Committee had previously recommended postponement of this item due to compliance concerns that needed to be addressed before moving forward.

The Planning Commission ultimately approved the plan, though with specific conditions attached to the approval. One significant condition involved resolving facade design issues related to the project. These design concerns required modification or clarification before the project could proceed to the next phase.

The approval represented movement forward on the project after the initial committee recommendation for delay, indicating that the applicant had addressed or agreed to address the primary concerns that had prompted the postponement recommendation.

James W. Atkins Property (8/25/15)*

Identifier: DP 2015-50

Overview

The Planning Commission considered a subdivision proposal for the James W. Atkins Property. The item was discussed approximately 2 hours and 33 minutes into the meeting 2:33:10.

Committee Recommendation

The Subdivision Committee recommended approval of the plan with conditions.

Key Speakers

• Tom Martin
• Matt Carter

Planning Commission Action

The Planning Commission approved the subdivision plan with conditions. During their review, the Commission deleted a requirement that would have mandated discussion of the loss of sidewalk connection on the property.

Outcome

The proposal was approved.

Elizabeth Brooks Bullitt a/k/a Betsy Brooks Bullitt – Petition for Zone Map Amendment

2:45:22

The Planning Commission considered a petition from Elizabeth Brooks Bullitt (also known as Betsy Brooks Bullitt) requesting a zone map amendment and variance. The applicant sought to modify ND1 restrictions and obtain approval for fence height variance.

Key Speakers: - Tracy Wade - Jimmy Emmons - Darby Turner

Outcome:

The Planning Commission approved both the zone map amendment and the fence height variance requested by the applicant.

Temporary Cellular Towers

The Planning Commission reviewed two applications for temporary cellular towers during this meeting 3:06:39.

Applications Reviewed

The Commission considered temporary cell tower applications for two locations: - Keeneland - Kentucky Horse Park

Key Speaker

Barbara Akers presented information regarding the temporary cellular tower applications.

Outcome

The Commission approved the Keeneland application. The approval included a requirement for an 8-foot fence around the tower installation.