Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on March 10, 2016, 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 five agenda items. The Commission took 20 motions and votes during the session and heard 8 public comments. Four subdivision amendments were approved: Boonesborough Manor Subdivision Unit 1, Cadentown Subdivision (John E. Mink Property), Brookhaven Subdivision, and Turfland Mall (Tract 2 & Outlot D) Amendment #26. The Commission also conducted a first reading on a Subdivision Regulations Text Amendment Initiation.

Attendance

Present: Mike Owens, Will Berkley, Mike Cravens, David Drake, Carolyn Plumlee, Carolyn Richardson, Frank Penn, Bill Wilson, James Duncan, Bill Sallee, Barbara Rackers, Tom Martin, Cheryl Gallt, Kelly Hunter, Dave Jarman, Denice Bullock, Hillard Newman, Jeff Neal, Captain Greg Lengal, Lieutenant Joshua Thiel, Tracy Jones, and Andrea Brown.

Absent: Karen Mundy, Patrick Brewer, and Joe Smith.

Late: None.

Votes and Decisions

Postponements

The board postponed ten items to future meeting dates by roll call vote, with all eight members voting in favor of each postponement:

• DP 2016-23: Sams Property & Larkin Property (AMD) to March 24, 2016 7:40
• DP 2016-19: Interchange Service Center, Lot 8B to April 14, 2016 8:44
• DP 2016-20: Lexmark International, Inc. (fka: IBM) to March 24, 2016 9:48
• PLAN 2016-16F: Lexmark International, Inc. (fka: IBM) (AMD) to March 24, 2016 10:20
• DP 2004-66: Kingston Hall, Unit 1 to March 24, 2016 11:22
• DP 2004-67: Kingston Hall, Unit 2 to March 24, 2016 11:53
• DP 2007-141: Newmarket Property, Unit 8 to March 24, 2016 13:01
• DP 2012-80: Newmarket Property, Phase 1, Unit 6 (AMD) to March 24, 2016 13:34
• DP 2012-89: Newmarket Property, Phase I, Unit 10 to March 24, 2016 13:58
• DP 2016-12: Loudon Park Addition, Block 2, Lots 3-10 to April 14, 2016 14:10

Approvals

The board approved the consent agenda as recommended by staff with an 8-0 roll call vote 19:08.

PLAN 2015-137F: Boonesboro Manor Subdivision, Unit 1 (AMD) was approved 8-0 with condition 14 revised to resolve right-of-way along the front of Section 2, Lot 1 23:04.

PLAN 2016-17F: Cadentown Subdivision (John E. Mink Property) was approved 8-0 with condition 12 revised to resolve extent and timing of public infrastructure at the end of Campbell Lane 34:27. A waiver request for this project was also approved 8-0 with disapproval of the surety requirement 35:01.

DP 2015-114: Brookhaven Subdivision (AMD) was approved 8-0 with 15 revised conditions 49:24.

DP 2016-11: Turfland Mall (Tract 2 & Outlot D) (AMD #26) was approved 8-0 with conditions 13 and 14 revised 57:15.

The board approved a release and call of bonds memorandum dated March 10, 2016 by 8-0 roll call vote 58:18.

Other Actions

The board initiated a text amendment to subdivision regulations regarding major and minor classes of subdivision with an 8-0 vote 1:05:23.

The board voted 8-0 to enter closed session to discuss pending litigation 1:05:55.

The board voted 8-0 not to further an appeal regarding Skyway Towers 1:07:46.

Public Comment

Several representatives presented postponement requests and project updates during the public comment period.

Postponement Requests

David White from Element Design requested a two-week postponement for DP 2016-23: SAMS PROPERTY & LARKIN PROPERTY (AMD) to allow for additional preparation 7:08.

Abby Jones from Abby Jones Consulting requested a one-month postponement for DP 2016-19: INTERCHANGE SERVICE CENTER, LOT 8B to allow for resolution of access and floodplain issues 8:10.

Matt Carter from Vision Engineering requested a two-week postponement for both DP 2016-20 and PLAN 2016-16F to address concerns regarding Legacy Trail conflict and infrastructure timing 9:48.

Rory Kahly from EA Partners requested a two-week postponement for five development plans related to Kingston Hall and New Market properties to allow for compliance with notice posting requirements 11:22.

Project Support and Updates

Dick Murphy, representing Dr. Michael Gentry, supported staff's waiver recommendation and requested a minor revision to condition 12 to align with the final development plan for the RML property 30:40.

Jacob Walburn presented a revised plan for Brookhaven Subdivision, emphasizing improvements in traffic circulation, landscaping, and architectural design, and confirmed agreement with conditions 44:17.

Louis Morris, an owner representative, clarified that Building C will feature a masonry and stucco facade with a 22–25 foot height and no breaks in the wall plane 47:17.

Rory Kahly from EA Partners confirmed agreement with staff's conditions for Turfland Mall approval and stated that stormwater management will be resolved during construction 56:11.

Contested Items

Waiver of Surety Requirement for Cadentown Subdivision

The Commission faced a split vote on a request to waive the surety requirement for the Cadentown Subdivision. Staff recommended disapproval of the waiver, emphasizing the importance of financial assurance to guarantee completion of public infrastructure. Despite this staff recommendation, the Commission ultimately approved the waiver and disapproved the surety requirement.

Stormwater Management for Turfland Mall

A heated discussion arose regarding stormwater management plans for the Turfland Mall project. Staff raised significant concerns about the large impervious area associated with the development and its potential downstream impacts. Staff required the applicant to submit a detailed stormwater management plan to address these concerns. The applicant confirmed their commitment to addressing stormwater management during the construction phase. The discussion centered on best management practices for handling stormwater runoff from the project.

BOONESBOROUGH MANOR SUBDIVISION, UNIT 1 (AMD)

Plan Identifier: PLAN 2015-137F

The Planning Commission discussed an amendment to Boonesborough Manor Subdivision, Unit 1, which involved creating Section 2, Lot 1, and dedicating Doe Run Trail right-of-way [00:19:38].

Key Speakers and Positions

Fred Eastridge and Tom Martin were the primary speakers during this discussion.

Committee Recommendation and Staff Response

The Subdivision Committee had recommended postponement of the plan, citing a lack of review by the City Attorney's Office (CAO). However, staff confirmed that the road inspection had been completed, addressing one of the outstanding requirements for approval.

Issues and Resolution

The primary concern involved the right-of-way dedication for Doe Run Trail. Rather than resolving this issue at the current stage, the Commission approved the plan with a revised condition that deferred resolution of the right-of-way matter to the final development plan stage.

Outcome

The plan was approved with the modified condition regarding the right-of-way dedication to be addressed during final development plan review.

CADENTOWN SUBDIVISION (JOHN E. MINK PROPERTY) (AMD)

Plan 2016-17F

The Commission reviewed an amendment to subdivide a split-zoned lot along the existing zone line 23:37. Key speakers included Dick Murphy and Tom Martin.

Presentation and Discussion

Staff presented a waiver request related to public infrastructure completion for the subdivision. The proposal involved subdividing property with different zoning designations, with the division occurring along the existing zone line.

Staff Recommendation

Staff recommended approval of the waiver request with one exception: staff recommended disapproval of the surety requirement portion of the waiver.

Outcome

The Commission approved the subdivision plan with revised conditions. The waiver request was approved, with the surety requirement disapproved as recommended by staff.

BROOKHAVEN SUBDIVISION (AMD)

Project Identifier: DP 2015-114

The Commission reviewed an amended final development plan for Brookhaven Subdivision, which proposed to increase buildable area and revise parking and circulation for the project. 36:03

Presentation and Discussion

Staff and the applicant presented revised plans that addressed concerns raised in prior reviews. Key speakers in the discussion included Dave Peterson, Jacob Walburn, and Louis Morris.

Outcome

The amended development plan was approved. The approval included 15 revised conditions, which addressed landscaping and architectural improvements for the project.

TURFLAND MALL (TRACT 2 & OUTLOT D) (AMD #26)

Item: DP 2016-11

The Commission reviewed an amendment to the Turfland Mall development plan to revise the building layout, add two outlots, and improve parking arrangements 49:59.

Key Speakers and Presentation

Kelly Hunter, Tom Martin, and Rory Kahly participated in the discussion of this agenda item.

Issues Raised

Staff raised concerns regarding stormwater management as part of their review of the proposed amendments. The applicant was questioned about how the revised site plan would address stormwater drainage and related infrastructure requirements.

Applicant Response

The applicant confirmed that the development plans would include measures to address stormwater management concerns identified by staff. Additionally, the applicant acknowledged and committed to resolving vehicular stacking issues on the site.

Outcome

The Commission approved the amendment with conditions. Approval was contingent upon the applicant resolving stormwater management and vehicular stacking issues to staff satisfaction prior to final implementation of the revised site plan.

Subdivision Regulations Text Amendment Initiation

1:01:33

Staff presented a proposal to amend the subdivision regulations text. The proposed amendment included two main components: reducing acreage requirements for non-building plats and allowing development plans to substitute for record plats.

Bill Sallee presented the staff recommendation for this text amendment initiation.

The Commission discussed the proposed changes and determined that the amendment warranted further consideration through the formal public hearing process. Following this discussion, the Commission initiated the amendment process by motion, moving the proposal to first reading.

This action allows the text amendment to proceed to public hearings, where additional community input and formal review will occur before any final adoption decision is made.