Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on December 10, 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 four agenda items. The Commission took 17 votes during the session and heard 2 public comments.

Of the four plans reviewed, three were approved and one was denied. The approved items included PLAN 2015-106F for Distillery District West, Unit 1 (Pendery Financial, LLC Property); PLAN 2015-122F for Local Enterprises (AMD); and PLAN 2015-136F for Tuscany, Unit 10 (Meeting Street). The Commission denied PLAN 2015-126F concerning Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH & LEXMARK International, Lot 1 (AMD).

Attendance

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

Absent: Patrick Brewer.

Late: Will Berkley.

Votes and Decisions

The meeting included 17 votes, all conducted by voice vote with unanimous support.

Postponements

Ten items were postponed to later dates:

• DP 2015-99: Willow Oak Shopping Center (Millpond Center) postponed to December 17, 2015 4:53
• PLAN 2015-137F: Boonesboro Manor Subdivision, Unit 1 postponed to January 14, 2016 5:58
• DP 2015-116: Preston Addition Subdivision (Erika Strecker Property) postponed to December 17, 2015 7:03
• PLAN 2006-250P, PLAN 2012-99P, and PLAN 2012-100P postponed to December 17, 2015 8:37
• PLAN 2012-102P: Tuscany, Units 2 & 3 postponed to January 14, 2016 9:08
• PLAN 2015-135F: Bogie Estate, Lot 2 postponed to January 14, 2016 9:40
• DP 2015-114: Brookhaven Subdivision postponed to January 14, 2016 10:11
• DP 2015-100: Interchange Service Center, Lot 4 postponed to January 14, 2016 11:13
• PLAN 2015-139F: Ellerslie Place (Midland Crossing) postponed to January 14, 2016 14:59
• DP 2015-94: Ellerslie Place (The Midlands) postponed to January 14, 2016 16:39

Approvals and Other Actions

• Approval of consent agenda as read 20:56
• Approval of revised staff recommendations for PLAN 2015-106F: Distillery District West, Unit 1 with multiple conditions 47:24
• Disapproval of waiver request for PLAN 2015-106F: Distillery District West, Unit 1 47:57
• Approval of release and call of bonds 48:30
• Approval of PLAN 2015-122F: Local Enterprises with revised conditions 1:06:55
• Support for staff's recommendation of disapproval for PLAN 2015-126F: Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH & LEXMARK International, Lot 1 1:12:00
• Approval of PLAN 2015-136F: Tuscany, Unit 10 (Meeting Street) with deletion of conditions 9, 13, and 14 1:22:21

All votes passed unanimously with all ten members voting in favor.

Public Comment

Two members of the public addressed the Planning Commission during this meeting.

Jim Griggs 12:50 raised concerns about drainage issues affecting the Ellerslie Place property. He requested that the Commission postpone action on the matter to allow adequate time for review of as-built drawings that had been provided by the developer.

Tim Haymaker 55:53 addressed the Commission regarding unpaid OPSS fees associated with Pinnacle Development II. The developer noted that he had paid $550,000 in OPSS fees ten years prior but has not yet been reimbursed. He requested that the Planning Commission note the need to collect these outstanding fees from the development.

Appointments

Brandy Peacher was appointed to the Urban County Planning Commission.

Contested Items

OPSS Fee Collection for Pinnacle Development II

The developer of Pinnacle Development II expressed frustration regarding reimbursement for $550,000 in OPSS (Off-site Public Service and Utilities) fees that were paid 10 years prior. Despite having paid all required fees since that time, the developer had not received reimbursement for the earlier payment. The Commission acknowledged this concern and agreed to include a condition requiring resolution of the status of uncollected fees prior to recordation of the project.

Drainage Concerns for Ellerslie Place

A neighbor raised concerns about drainage issues affecting the Ellerslie Place project. The neighbor requested a one-month postponement to allow time for addressing these concerns. The applicant, however, requested only a one-week postponement. Rather than accepting either timeline as proposed, the Commission ultimately postponed the item to allow adequate time for review of the as-built drawings, which would help clarify the drainage situation and inform the path forward.

PLAN 2015-106F: Distillery District West, Unit 1 (Pendery Financial, LLC Property)

The Planning Commission discussed and voted on a final record plat for the Distillery District West, Unit 1 development. 17:43

Proposal and Staff Recommendation

The agenda item involved approval of a final record plat for the project, which included a waiver request for lot 3 to be created without public sewer service. Staff recommended disapproval of the waiver, citing a lack of demonstrated hardship and the absence of any proposed development for the lot in question.

Key Arguments

The applicant, represented by speakers including Mr. Pendry and Mr. Drake, argued in favor of granting the waiver. They based their position on a prior precedent and referenced pending trail negotiations that they contended supported their request.

Mr. Penn, Tom Martin, and Justin Drury participated in the Commission's discussion and deliberation of the matter.

Commission Decision

The Planning Commission approved the final record plat for Distillery District West, Unit 1 with 14 conditions attached to the approval. However, the Commission disapproved the waiver request for lot 3 to be created without public sewer service, rejecting the applicant's arguments despite the cited precedent and pending negotiations.

PLAN 2015-122F: Local Enterprises (AMD)

The Commission reviewed an amended final record plat for Local Enterprises during this agenda item 48:30.

Key Speakers

Tom Martin, Rory Kahly, and Tim Haymaker participated in the discussion.

Presentation and Discussion

The Commission examined an amended final record plat submission for the Local Enterprises project. The discussion focused on specific conditions and requirements for the property.

Concerns Raised

Two primary concerns were identified during the review:

• Access to Lot 2 and how it would be provided
• Collection of OPSS (Open Space and Public Services) fees that remained outstanding

Applicant Response

The applicant agreed to accept revised conditions to address the Commission's concerns. Notably, the applicant committed to resolving all uncollected OPSS fees prior to the recordation of the plat.

Outcome

The Commission approved PLAN 2015-122F: Local Enterprises (AMD) with 10 conditions attached to the approval.

PLAN 2015-126F: Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH & LEXMARK International, Lot 1 (AMD)

1:07:25

The Commission considered a plat for future road and lot creation involving Eastern State Hospital, Lot 7, LFUCG, LEX-FAY BOH, and LEXMARK International, Lot 1.

Staff Determination

Staff determined that the proposed plan did not meet land subdivision regulations. Specifically, the submission lacked a preliminary subdivision plan, which is required for the project to proceed through the proper approval process.

Presentation and Discussion

Tom Martin participated in the discussion of this agenda item. The applicant was not present at the meeting.

Outcome

The Commission disapproved the plan.

PLAN 2015-136F: Tuscany, Unit 10 (Meeting Street)

The Commission reviewed a final record plat for Tuscany, Unit 10 during this agenda item 1:12:41. Rory Kahly presented the matter to the Commission.

The proposal involved a final record plat with several conditions related to site development and public access. The conditions addressed lot inclusion, trail access, and bike and pedestrian facilities for the project.

The applicant requested deletion of two sets of conditions from the original approval. Specifically, the applicant sought removal of condition 9, which required the addition of Lot 2 to the plat, as well as conditions 13 and 14. The Commission approved these requested deletions.

The final plan was approved by the Commission with a total of 11 conditions remaining in effect. These conditions govern various aspects of the development, including provisions related to trail access and bike and pedestrian facility requirements.

Outcome: Approved with 11 conditions.