Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on October 8, 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 nine agenda items addressing various subdivision and property development proposals. The Commission took 12 motions and votes during the session and heard 3 public comments.

Of the nine items on the agenda, four were approved, one was denied, three were postponed, and one was withdrawn. The approved items included Southend Park Unit 1 Section 1; Denton Farm Inc. Unit 4-A with multiple blocks and lots; Church of the Good Shepherd (Amended); and Blackford Property Phase 1 Unit 5 and Phase 3. The Commission denied the proposal for Bluegrass Business Park Lot 4 (Pemberton Farm) and Burke, Hockensmith & Maggard Property Unit 5. Three items—Distillery District West Unit 1 (Pendery Financial LLC Property), High Point Subdivision (Monon Inc.), and Copper Creek Subdivision—were postponed for further consideration. The William Sheely Subdivision Unit 1 Block A Lot 2 and Unit 2 was withdrawn from consideration.

Attendance

Present: Mike Owens, Mike Cravens, Carolyn Plumlee, Bill Wilson, Will Berkley, David Drake, Karen Mundy, Carolyn Richardson, Frank Penn, and Patrick Brewer.

Absent: Joe Smith.

Late arrivals: None.

Votes and Decisions

All votes taken during this meeting passed unanimously with 10 ayes, 0 nays, and 0 abstentions. The following members voted in favor of all motions: Mike Owens, Mike Cravens, Carolyn Plumlee, Bill Wilson, Will Berkley, David Drake, Karen Mundy, Carolyn Richardson, Frank Penn, and Patrick Brewer.

Approval of Minutes 7:11 Minutes from August 13, 2015, and a portion of September 10, 2015 (CT 2015-1) were approved. Motion by Carolyn Plumlee, seconded by Karen Mundy.

Postponements - PLAN 2015-106F: Distillery District West, Unit 1 (Pendery Financial, LLC Property) was postponed to the November 12, 2015 meeting 8:18. Motion by Mike Cravens, seconded by Karen Mundy. - DP 2015-30: High Point Subdivision (Monon, Inc.) was postponed to the October 22, 2015 meeting 9:24. Motion by Frank Penn, seconded by Carolyn Richardson. - PLAN 2015-67P: Copper Creek Subdivision was postponed to the October 22, 2015 meeting 10:27. Motion by Carolyn Plumlee, seconded by Karen Mundy.

Withdrawal PLAN 2015-107F: William Sheely Subdivision, Unit 1, Block A, Lot 2 & Unit 2 was withdrawn 11:32. Motion by Karen Mundy, seconded by Carolyn Plumlee.

Consent Agenda 16:55 Items on the Consent Agenda were approved, with DP 2015-92 (Church of the Good Shepherd) removed for further discussion. Motion by Patrick Brewer, seconded by Carolyn Richardson.

Reapprovals - PLAN 2013-122F: Southend Park, Unit 1, Section 1 was reapproved subject to original conditions 1-7 & 9, with prior approval of waiver noted 22:12. Motion by Mike Cravens, seconded by Patrick Brewer. - PLAN 2011-8F: Denton Farm, Inc. Unit 4-A, Block J, Lots 26-30; Block L, Lots 31-35 was reapproved subject to original conditions 1-7 & 9 24:53. Motion by Frank Penn, seconded by Mike Cravens.

Disapproval DP 2015-55: Bluegrass Business Park, Lot 4 (Pemberton Farm) & Burke, Hockensmith & Maggard Property, Unit 5 was disapproved based on staff recommendation due to unresolved issues with sanitary sewer, stormwater, access, zoning compliance, and public welfare 41:29. Motion by Frank Penn, seconded by Patrick Brewer.

Approval with Conditions DP 2015-92: Church of the Good Shepherd (Amended) was approved with 16 conditions including record plat information, labeling corrections, and technical committee review 1:15:47. Motion by Patrick Brewer, seconded by Carolyn Plumlee.

Extension DP 2011-41: Blackford Property, Phase 1, Unit 5 & Phase 3 was approved for a one-year extension subject to staff recommendation and evidence of progress in development 1:23:04. Motion by Carolyn Richardson, seconded by Patrick Brewer.

Adjournment 1:26:15

Budget and Financial Actions

The meeting addressed the following financial matter:

Performance Bonds – Blackford Property Development

A memorandum dated October 8, 2015 was presented regarding the release and call of performance bonds for the Blackford Property development. No specific dollar amount was specified in the documentation provided for this action.

Public Comment

Three public comments were made regarding the Church of the Good Shepherd columbarium project.

Kevin Murphy raised concerns about the columbarium relocation in two separate comments:

• 46:04 Murphy expressed concern that relocating the columbarium to Bell Court represents a backdoor method to avoid public notice and Board of Adjustment approval. He requested either disapproval of the relocation or that the columbarium be returned to its original site.

• 1:08:02 Murphy raised additional concerns about past events spilling into Bell Court and questioned the appropriateness of relocating the columbarium to the street-facing side.

Mark Arnold provided a response addressing the design and approval process:

• 56:02 Arnold explained the careful design and location of the new columbarium, noting that it was positioned to minimize visual impact and ensure privacy. He confirmed that the design had received Board of Architectural Review approval and met compliance requirements.

Contested Items

Church of the Good Shepherd Columbarium Relocation

A member of the public raised concerns about the relocation of the Church of the Good Shepherd Columbarium, arguing that the project had bypassed required procedural safeguards. The objector characterized the relocation as a "backdoor" method to avoid necessary public notice and Board of Adjustment approval requirements.

Bluegrass Business Park Development

A procedural dispute emerged regarding the Bluegrass Business Park Development. Staff recommended disapproval of the project, citing unresolved infrastructure issues including sanitary sewer, stormwater, and access concerns. Despite multiple follow-ups from staff, the applicant had not provided the necessary documentation to address these outstanding issues at the time of the meeting.

Distillery District West, Unit 1 (Pendery Financial, LLC Property)

Plan 2015-106F

The Commission discussed the Distillery District West, Unit 1 project on the Pendery Financial, LLC property. 8:18

Justin Drury presented the item to the Commission. The primary issue preventing approval was the lack of sanitary sewer service to the property. Due to this infrastructure constraint, the applicant requested a one-month postponement of the agenda item.

The Commission approved the requested postponement, allowing the applicant additional time to address the sanitary sewer service requirement before the item would be reconsidered.

High Point Subdivision (Monon, Inc.)

Identifier: DP 2015-30

Type: Discussion

9:24

The body considered the High Point Subdivision proposal by Monon, Inc. during this meeting. Myke Robbins was the key speaker on this agenda item.

The discussion identified concerns regarding the proposed use and its compatibility with zoning regulations. Specifically, the proposed use was determined not to be allowed in the B-3 zone, which presented a significant issue for the project as presented.

In response to these zoning concerns, the applicant requested a postponement of the item to allow for further review and potential modifications. The body approved the applicant's request to postpone consideration of this matter to the October 22 meeting.

Outcome: Postponed to October 22, 2015

Copper Creek Subdivision

Plan 2015-67P

The Copper Creek Subdivision was presented as a discussion item during the meeting. Chris Clendenen was the key speaker on this agenda item 10:27.

Concerns Raised

The discussion identified two primary unresolved issues with the subdivision proposal:

• Street alignment concerns
• Lack of tree protection areas

Outcome

The applicant requested a two-week postponement to address these concerns. The request was approved, and the item was postponed.

William Sheely Subdivision, Unit 1, Block A, Lot 2 & Unit 2

Plan 2015-107F

This agenda item was withdrawn at the applicant's request. 11:32

Staff confirmed receipt of an email from the applicant's engineer prior to the meeting. Bill Sallee addressed this item.

Outcome: Withdrawn

Southend Park, Unit 1, Section 1

Identifier: PLAN 2013-122F

The meeting included discussion and reapproval of Southend Park, Unit 1, Section 1 18:20. Tom Martin was the key speaker on this agenda item.

The project was reapproved with conditions. A significant aspect of the discussion involved the engineer's certification waiver. Staff confirmed that a waiver for the engineer's certification had previously been approved and was being reapproved as part of the current action.

The outcome of the discussion was approval of the item.

Denton Farm, Inc. Unit 4-A, Block J, Lots 26-30; Block L, Lots 31-35

Plan Identifier: PLAN 2011-8F

Item Type: Discussion

Cheryl Gallt presented this agenda item, which involved the reapproval of the Denton Farm, Inc. development plan for Unit 4-A 22:45. The discussion focused on administrative updates and corrections to the previously approved project.

Key Actions and Conditions

The plan was reapproved with several conditions. These included corrections to the plan title, adjustments to exactions, and other administrative updates necessary to bring the documentation into compliance with current requirements.

Infrastructure and Capacity Assurance

Staff confirmed that the project was exempt from the Capacity Assurance Program due to existing infrastructure already being in place to serve the development. This determination eliminated the need for additional capacity assurance requirements for the project.

Outcome

The item was approved with the specified conditions and administrative corrections in place.

Bluegrass Business Park, Lot 4 (Pemberton Farm) & Burke, Hockensmith & Maggard Property, Unit 5

Agenda Item: DP 2015-55

Overview

The board discussed a development proposal for Bluegrass Business Park, Lot 4 (Pemberton Farm) and the Burke, Hockensmith & Maggard Property, Unit 5. 26:10

Key Speaker

Tom Martin presented information on this agenda item.

Concerns Raised

Staff identified five key reasons for recommending disapproval of the proposal:

• Lack of sanitary sewer confirmation
• Stormwater management concerns
• Unclear access arrangements

These unresolved issues prevented staff from recommending approval of the development plan.

Outcome

The proposal was denied. The board did not approve DP 2015-55 based on the staff recommendation and the outstanding issues that had not been adequately addressed.

Church of the Good Shepherd (Amended)

Identifier: DP 2015-92

Overview

The Church of the Good Shepherd (Amended) proposal was discussed and approved during this meeting. 42:06

Key Speakers

• Kevin Murphy
• Mark Arnold

Discussion and Outcome

The item was approved with 16 conditions. These conditions included corrections to plan notes, labeling requirements, and technical committee review.

Public Comment

Public comment raised concerns regarding procedural fairness and street use related to the proposal.

Result

The proposal was approved with the 16 specified conditions.

Blackford Property, Phase 1, Unit 5 & Phase 3

Identifier: DP 2011-41

Rory Kaley presented this agenda item regarding the Blackford Property development, which sought approval for a one-year extension 1:17:54.

Staff Findings

Staff confirmed that the applicant had demonstrated progress on the project and was in compliance with subdivision regulations. Evidence of this progress included final plats that had been filed for the center portion of the property.

Outcome

The item was approved for a one-year extension based on the documented evidence of progress and regulatory compliance.