Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on November 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 18 agenda items. The Commission took 22 votes and heard 3 public comments during the session.

Of the 18 agenda items considered, 11 were approved and 7 were postponed. Approved items included Plan 2015-123F for Coventry, Lots 5 & 6 (Belmont Farm); Plan 2015-125F for Fritz Farm (Summit Lexington); Plan 2015-127F for Evans Mill Farm Subdivision; Plan 2006-157F for Blackford Property, Phase 3, Unit 1B; DP 2015-95 for Poole & Jefferson Property (Bruce Glen); DP 2003-124 for Bryan Station Center, Phase 2; DP 99-127 for NDC Property, Lexington Christian Academy; and Plan 2015-78F for Loudon Park. The Commission also approved the University Village TIF Development Area, the Adoption of 2016 Meeting and Filing Schedule, and the Initiation of Text Amendment to Article 4-4D1.

Items postponed included Plan 2015-118P and Plan 2015-119F for Patchen Place Subdivision (formerly Dallas Plaza, Unit 1); DP 2015-111 for Urban 221; Plan 2015-122F for Local Enterprises; Plan 2015-106F for Distillery District West, Unit 1; DP 2015-99 for Willow Oak Shopping Center; and Plan 2015-126F for Eastern State Hospital and related properties.

Attendance

Present: Mike Owens, Mike Cravens, Carolyn Plumlee, Bill Wilson, Will Berkley, David Drake, Karen Mundy, Carolyn Richardson, Joe Smith, Patrick Brewer

Absent: Frank Penn

Late: None

Votes and Decisions

All votes were conducted by voice vote with no recorded dissents or abstentions.

Postponements

Seven items were postponed:

• Plan 2015-118P: Patchen Place Subdivision, motion by Mr. Brewer, seconded by Ms. Plumlee 13:25
• Plan 2015-119F: Patchen Place Subdivision, motion by Mr. Brewer, seconded by Ms. Plumlee 13:25
• DP 2015-111: Urban 221 (a portion of), motion by Mr. Cravens, seconded by Mr. Smith 14:33
• Plan 2015-122F: Local Enterprises (AMD), motion by Ms. Mundy, seconded by Ms. Plumlee 15:37
• Plan 2015-106F: Distillery District West, Unit 1, motion by Ms. Plumlee, seconded by Ms. Mundy 16:39
• DP 2015-99: Willow Oak Shopping Center (Millpond Center) (AMD), motion by Mr. Wilson, seconded by Ms. Mundy 17:46
• Plan 2015-126F: Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH & LEXMARK International, Lot 1 (AMD), motion by Ms. Richardson, seconded by Ms. Plumlee 18:52

Approvals

The consent agenda was approved with removal of Plan 2015-127F, motion by Mr. Chairman, seconded by Mr. Smith 25:13.

Plan 2015-123F: Coventry, Lots 5 & 6 (Belmont Farm) (AMD) was approved, motion by Mr. Chairman, seconded by Ms. Richardson 54:12. A waiver to eliminate sidewalk on the west side of Remington Way for this plan was also approved, motion by Mr. Chairman, seconded by Ms. Plumlee 54:44.

Plan 2015-125F: Fritz Farm (Summit Lexington) was approved, motion by Mr. Chairman, seconded by Ms. Mundy 1:02:11. A waiver for public sewer provision for this plan was approved, motion by Mr. Chairman, seconded by Ms. Mundy 1:02:46.

Plan 2015-127F: Evans Mill Farm Subdivision was approved, motion by Ms. Plumlee, seconded by Ms. Mundy 1:07:42.

Plan 2006-157F: Blackford Property, Phase 3, Unit 1B was reapproved with previous conditions and minor changes to numbers 3 and 5, motion by Ms. Plumlee, seconded by Mr. Wilson 1:11:31.

DP 2015-95: Poole & Jefferson Property (Bruce Glen) (AMD) was approved with 13 revised conditions, motion by Mr. Chairman, seconded by Mr. Wilson 1:24:16.

DP 2003-124: Bryan Station Center, Phase 2 was reapproved with 12 conditions, motion by Ms. Mundy, seconded by Ms. Mundy 1:28:21.

DP 99-127: NDC Property, Lexington Christian Academy was reapproved with 11 conditions, motion by Mr. Chairman, seconded by Ms. Mundy 1:33:29.

A waiver for Plan 2015-78F: Loudon Park was approved, motion by Mr. Chairman, seconded by Ms. Plumlee 1:39:10.

The University Village TIF development area was certified as in compliance with the comprehensive plan, motion by Mr. Chairman, seconded by Ms. Plumlee 2:07:10.

Discontinuation of late filing opportunity was approved, motion by Ms. Plumlee, seconded by Mr. Cravens 2:15:23.

The revised draft meeting and filing schedule for 2016 was approved, motion by Ms. Plumlee, seconded by Ms. Mundy 2:15:55.

Initiation of text amendment to Article 4-4D1 of Land Subdivision Regulations was approved, motion by Mr. Chairman, seconded by Mr. Smith 2:17:46.

Public Comment

Three speakers addressed the body regarding the University Village Tax Increment Financing (TIF) development area.

Ginny Daly 2:02:49 challenged the TIF application on multiple grounds. She argued that the application lacks a certified final development plan and has an unjustified boundary. Daly also contended that the proposal does not comply with the comprehensive plan, citing stormwater concerns and a lack of transparency in the process.

Amy Clark 2:03:22 asked for clarification on the use of TIF funds, specifically whether they would be allocated to private roads or public infrastructure. She sought confirmation that TIF funds would be limited to public infrastructure only.

Jacob Walburn 2:04:30 responded in defense of the TIF application. He stated that the proposal aligns with the comprehensive plan and addresses stormwater issues. Walburn also confirmed that TIF funds would be used exclusively for public infrastructure, not private roads.

Contested Items

University Village TIF Development Area

A resident raised concerns about the proposed University Village Tax Increment Financing (TIF) development area during the meeting. The resident argued that the TIF lacked a certified final development plan and questioned the justification for its proposed boundary. Additionally, the resident raised potential stormwater management issues associated with the development area.

The resident contended that the TIF development area does not comply with the comprehensive plan. No specific outcome or resolution to these concerns was documented in the meeting materials.

Plan 2015-118P: Patchen Place Subdivision, (FKA DALLAS PLAZA, UNIT 1) (CONRAD CHEVROLET, INC.)

12:21

The plan for Patchen Place Subdivision, formerly known as Dallas Plaza, Unit 1, was presented for discussion. Kevin Phillips was the key speaker on this agenda item.

The discussion centered on several technical and regulatory concerns that prevented approval at this time. The primary issues raised included:

• Right-of-way concerns
• Street connection requirements
• Compliance with the Richmond Road Ordinance

The applicant, Conrad Chevrolet, Inc., requested a one-week postponement to address these outstanding issues. The request was granted, allowing time for the applicant to resolve the concerns before the plan could move forward for approval.

Outcome: The plan was postponed.

Plan 2015-119F: Patchen Place Subdivision, (FKA DALLAS PLAZA, UNIT 1) (CONRAD CHEVROLET, INC.)

12:52

The plan for Patchen Place Subdivision, formerly known as Dallas Plaza, Unit 1, was presented as agenda item 1B. Kevin Phillips was the key speaker on this matter.

The applicant requested an indefinite postponement of the plan. The postponement was granted due to concerns similar to those raised regarding Plan 2015-118P.

Outcome: The plan was indefinitely postponed.

DP 2015-111: Urban 221 (a portion of)

This agenda item involved discussion of a development plan designated DP 2015-111 for Urban 221 (a portion of). 14:33

Key Speaker

Jacob Walbourn presented on behalf of the applicant.

Issues Discussed

The discussion raised several substantive questions about the proposed development:

• Uses planned for the project
• Open space provisions
• Building orientation
• Building height

Outcome

The plan was postponed. The applicant requested a one-week postponement to allow additional time to address the concerns raised during the discussion.

Plan 2015-122F: Local Enterprises (AMD)

Discussion Summary

Plan 2015-122F: Local Enterprises (AMD) was presented as an agenda item for discussion. 15:07

Key Speaker

Rory Kahly participated in the discussion of this agenda item.

Concerns Raised

Access to Lot 2 emerged as a significant concern during the discussion, prompting further consideration of the plan.

Outcome

The plan was postponed. The applicant requested a one-month postponement to address the outstanding issues.

Plan 2015-106F: Distillery District West, Unit 1 (PENDERY FINANCIAL, LLC PROPERTY)

16:09

The plan for Distillery District West, Unit 1 on the Pendery Financial, LLC property was presented as an agenda item for discussion. Tom Martin addressed the meeting regarding this proposal.

The primary issue preventing approval was the lack of sanitary sewer service to the property. This infrastructure deficiency was identified as a significant barrier to moving forward with the project at that time.

In response to this constraint, the applicant requested a one-month postponement of the plan review. This delay would allow time to address the sanitary sewer service issue or explore alternative solutions before the proposal could be reconsidered.

Outcome: The plan was postponed for one month as requested by the applicant.

DP 2015-99: Willow Oak Shopping Center (Millpond Center) (AMD)

17:16

The board discussed a development plan for Willow Oak Shopping Center, also known as Millpond Center. Tom Martin addressed the board regarding this agenda item.

The primary issue raised during the discussion involved zoning concerns at the access point of the proposed shopping center. These zoning matters required further consideration before the plan could move forward.

In response to the zoning concerns, the applicant requested a one-month postponement of the decision to allow time to address the identified issues.

Outcome: The board postponed consideration of DP 2015-99: Willow Oak Shopping Center (Millpond Center) (AMD).

Plan 2015-126F: Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH & LEXMARK INTE

18:19

This agenda item addressed Plan 2015-126F, an amendment involving Eastern State Hospital Lot 7 (LFUCG), LEX-FAY BOH, and Lexmark International Lot 1.

Key Discussion Points

The discussion centered on questions regarding the status of Lot 1 and concerns about a proposed future road associated with the plan. These issues were significant enough to prevent the plan from moving forward at this meeting.

Outcome

The plan was postponed. The applicant, represented by Tom Martin, requested a one-month postponement to address the outstanding questions and concerns raised during the discussion.

Plan 2015-123F: Coventry, Lots 5 & 6 (Belmont Farm) (AMD)

25:49

The board discussed and approved Plan 2015-123F for Coventry, Lots 5 & 6 (Belmont Farm), which included an amendment. Key participants in the discussion included Mr. Martin, Rory Kaley, and Tim Haymaker.

The plan was approved with a waiver that eliminated the requirement for sidewalks on the west side of Remington Way. This waiver was granted based on the applicant's innovative design approach and the plan's provision of adequate pedestrian connectivity through alternative means.

The approval of this agenda item represents the board's acceptance of the proposed development plan with the specified modification to standard sidewalk requirements.

Plan 2015-125F: Fritz Farm (Summit Lexington)

Discussion and Outcome

Plan 2015-125F for Fritz Farm (Summit Lexington) was presented for consideration at the meeting. 56:05

The key speakers during this agenda item were Mr. Martin and Nick Nicholson.

Approval and Waiver

The plan was approved by the meeting body. As part of the approval, a waiver was granted regarding public sewer provision. Under the terms of this waiver, the private sewer line will be maintained privately rather than by the municipality, allowing the developer to manage sewer infrastructure on the property independently.

Plan 2015-127F: Evans Mill Farm Subdivision

Plan 2015-127F for Evans Mill Farm Subdivision was discussed as agenda item 4 during the meeting. 1:03:17

Key Participants

The discussion involved Mr. Martin and Mr. Sallee.

Outcome

The plan was approved following the submission of required documentation. Specifically, the approval was granted after the required affidavit and photo of the posted sign were submitted.

Plan 2006-157F: Blackford Property, Phase 3, Unit 1B

Plan 2006-157F for the Blackford Property, Phase 3, Unit 1B was presented as a discussion item during the meeting. 1:08:44

Mr. Martin led the discussion on this agenda item. The plan was reapproved with minor updates to conditions related to building inspection and urban forester responsibilities.

The outcome of the discussion was approval.

DP 2015-95: Poole & Jefferson Property (Bruce Glen) (AMD)

This agenda item addressed a development plan for the Poole & Jefferson Property located at Bruce Glen. 1:12:34

Key Participants

The discussion involved Mr. Martin and Jacob Walbourn as primary speakers.

Outcome

The plan was approved with 13 revised conditions. These conditions included compliance with conditional zoning requirements and landscaping requirements.

DP 2003-124: Bryan Station Center, Phase 2

1:25:29

The plan for Bryan Station Center, Phase 2 was presented for reapproval. Mr. Martin led the discussion on this agenda item.

The plan was reapproved with 12 conditions that must be satisfied. These conditions include:

• DEQ (Department of Environmental Quality) approval
• Fire office approval
• CAP program compliance
• New certification requirements

The outcome of the discussion was approval of the plan.

DP 99-127: NDC Property, Lexington Christian Academy

1:30:05

The board discussed and reapproved the development plan for the NDC Property at Lexington Christian Academy. Key speakers in this discussion included Mr. Martin and Terry Johnson.

The plan was reapproved with a total of 11 conditions attached to the approval. These conditions included requirements for:

• Fire approvals
• CAP program approvals
• New certification

The outcome of the discussion was approval of the development plan, contingent upon satisfaction of the specified conditions.

Plan 2015-78F: Loudon Park

Plan 2015-78F: Loudon Park was presented as an agenda item for discussion 1:34:38.

Mr. Martin was the key speaker on this matter.

The plan was approved with a waiver that permits private sewer use and maintenance. No additional concerns or debate points were documented in the available meeting materials.

University Village TIF Development Area

The University Village Tax Increment Financing (TIF) Development Area was discussed as an agenda item 1:40:01. The TIF development area was certified as compliant with the comprehensive plan.

Key Speakers

The discussion involved Barbara Rackers, Jacob Walburn, Ginny Daly, and Amy Clark.

Outcome

The item was approved.

Issues Raised

Community opposition was noted regarding two primary concerns: stormwater management and the boundaries of the development area. Despite these objections, the TIF development area proceeded to certification and approval.

Adoption of 2016 Meeting and Filing Schedule

The revised 2016 meeting and filing schedule was presented for adoption. Mr. Sallee and Mr. Duncan were the key speakers on this agenda item. 2:08:16

The schedule included a significant change: the discontinuation of late filing opportunities. The revised schedule was approved by the body.

Initiation of Text Amendment to Article 4-4D1

2:17:12

Mr. Sallee initiated discussion on a text amendment to Article 4-4D1 concerning the extension of preliminary subdivision plan validity periods. The proposed amendment would extend the life of preliminary subdivision plans from 3 years to 5 years.

The amendment was presented for consideration and was subsequently approved.