Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on April 14, 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 addressed 13 agenda items. The Commission took 24 votes during the session and heard 3 public comments.

Of the 13 agenda items considered, 11 were approved and 1 was postponed. The approved items included several residential and commercial development projects: Hamburg Place Community Phase II (West Wind), Lexmark International (formerly IBM), Patchen Wilkes Townhomes and Unit 2, Kingston Hall Unit 1 Lot 22, Kokernot & Riggs, Schroyer Property Lots 3 & 4, Greendale Hills Unit 2-C, Adams Property in Cadentown Lots 3 & 4, Field and Main, and Goodwin Acres Lots 31-34. The Commission also approved two amendments to the planning code: Amendment to Article 4-4-D1 and Amendment to Articles 2-3B and 3-5B. The Humana, Inc. project for St. Joseph East Expansion was postponed.

Attendance

Present: Mike Owens, Will Berkley, Mike Cravens, Carolyn Plumlee, Carolyn Richardson, Frank Penn, Bill Wilson, Karen Mundy, Patrick Brewer, Joe Smith, James Duncan, Bill Sallee, Barbara Rackers, Tom Martin, Cheryl Gallt, Kelly Hunter, Dave Jarman, Denice Bullock, Hillard Newman, Casey Kaucher, Captain Greg Lengal, Lieutenant Joshua Thiel, Tracy Jones, and Andrea Brown.

Absent: David Drake.

Late: Patrick Brewer.

Votes and Decisions

All votes taken during this meeting passed unanimously with no opposing votes or abstentions.

Minutes and Postponements [timestamp: 00:03:40–00:08:33]

The meeting began with approval of minutes from March 10, 2016, moved by Mr. Cravens and seconded by Ms. Richardson (9–0). Four development plan items were postponed: DP 2016-19 (Interchange Service Center, Lot 8B) to May 12, 2016 (10–0); DP 2016-39 (Wynn Dale Subdivision) to April 28, 2016 (10–0); DP 2016-12 (Loudon Park Addition, Block 2, Lots 3–10) to May 12, 2016 (8–0); and DP 2016-29 (Tuscany, Unit 1, Lot 169) to May 12, 2016 (10–0).

Consent Agenda and Major Approvals [timestamp: 00:16:16–01:53:23]

The Consent Agenda was approved excluding DP 2016-27 (10–0). Plan 2016-29P (Hamburg Place Community, Phase II) was approved with 8 conditions (10–0). Plan 2016-16F (Lexmark International, Inc.) was approved with revised staff conditions (10–0), along with an associated waiver (10–0) and DP 2016-20 (10–0). Plan 2016-26F (Patchen Wilkes Townhomes & Patchen Wilkes, Unit 2) was approved with 11 revised conditions (10–0). Plan 2016-27F (Kingston Hall, Unit 1, Lot 22) was approved with a waiver and 13 conditions (10–0). Plan 2008-129F (Kokernot & Riggs) was reapproved with added conditions (10–0). DP 2016-27 (Schroyer Property, Lots 3 & 4) was approved with 19 conditions (10–0). DP 2016-28 (Humana, Inc.) was continued for two weeks (10–0). DP 2016-30 (Greendale Hills, Unit 2-C) was approved with 14 revised conditions (10–0). DP 2016-34 (Adams Property, Cadentown, Lots 3 & 4) was approved with revised conditions (10–0), along with an associated waiver (10–0). DP 2016-38 (Field and Main) was approved with 12 revised conditions (10–0).

Final Approvals and Adjournment [timestamp: 02:24:56–02:41:20]

Plan 2016-25C (Goodwin Acres, Lots 31–34 Consolidation Plan) was approved without conditions (10–0). Performance bonds and letters of credit for April 14, 2016 were approved (10–0). Two substantive regulatory amendments were approved: SRA 2016-1, extending preliminary plan life to five years (10–0), and SRA 2016-2, reducing minimum lot size for non-building plats (10–0). The meeting was adjourned by unanimous vote (10–0).

Public Comment

Three members of the public provided comments during the meeting.

Janet Cabaniss 5:55 asked about the postponement request for DP 2016-39: Wynn Dale Subdivision, seeking clarification on whether the postponement was for only two weeks and confirming that the hearing date would be April 28, 2016.

Butch Schroyer 1:02:04 expressed concern about losing an access point across the Schroyer Property. He requested a delay to allow time to resolve the access issue with the applicant.

Jeff Morgan 1:45:24 spoke in support of the Field and Main development plan, stating that it was well thought out and had community backing.

Contested Items

Approval of Schroyer Property, Lots 3 & 4

Public comment raised concerns about the loss of an access point across the property. This sparked a heated discussion between the Commission and the applicant regarding the feasibility of maintaining the access point. The applicant argued that the access point was no longer required, while community members opposed this position. The disagreement centered on whether the property's development should preserve existing access routes despite the applicant's assertion that such access was unnecessary.

Approval of Goodwin Acres Consolidation Plan

A procedural dispute arose over the classification of the property. Staff recommended disapproval of the consolidation plan, citing ambiguity about whether the property constituted a single lot or four separate lots. However, the Commission ultimately approved the plan after hearing conflicting testimony from both the applicant and the title attorney. The disagreement reflected uncertainty in the property's legal status and how that status should affect the consolidation approval process.

Hamburg Place Community, Phase II (West Wind) (AMD)

The Planning Commission considered Plan 2016-29P, a preliminary subdivision plan for the Hamburg Place Community, Phase II (West Wind) project. 17:15

Proposal Overview

The application proposed revisions to the street cross-section of Flying Ebony Drive and expansion of lots across a creek within the development.

Staff Recommendation

Staff recommended approval of the plan subject to eight conditions. Key requirements included:

• Stormwater easement provisions
• Barrier requirements at the end of the road

Key Speakers

Mr. Martin and Matt Carter participated in the discussion of this agenda item.

Outcome

The Planning Commission approved the preliminary subdivision plan for Hamburg Place Community, Phase II (West Wind).

Lexmark International, Inc. (FKA: IBM) (AMD)

The Planning Commission reviewed Plan 2016-16F, a final record plat and development plan for Lexmark International, Inc. 23:08

Presentation and Key Issues

The agenda item involved consideration of a final record plat and development plan for the property. A notable aspect of the proposal was a request for a waiver to allow subdivision prior to the completion of public infrastructure.

Staff Recommendation

Staff recommended approval of the plan, contingent upon revised conditions. The recommended conditions included:

• Designation of streets within the development as private streets
• Provisions for sewer maintenance

Participants

The discussion involved Mr. Sally, Mr. Martin, and Captain Hallani.

Outcome

The Planning Commission approved Plan 2016-16F for Lexmark International, Inc. (FKA: IBM) (AMD).

Patchen Wilkes Townhomes & Patchen Wilkes, Unit 2 (AMD)

Plan 2016-26F

The Planning Commission reviewed a final subdivision plan for Patchen Wilkes Townhomes & Patchen Wilkes, Unit 2 (AMD) 39:57. The proposal involved creating one lot from a remnant of a farm.

Staff Recommendation

Staff recommended approval of the plan, subject to 11 conditions. A key determination made during staff review was that the 30% infrastructure report was not required for this project.

Outcome

The plan was approved by the Planning Commission.

Kingston Hall, Unit 1, Lot 22

The Planning Commission reviewed Plan 2016-27F, a final record plat for a commercial lot located in the ED zone. 44:50

Presentation and Recommendation

Staff presented the final record plat and recommended approval with a waiver for public improvements and exactions to be determined at the final development plan stage.

Key Participants

The discussion involved Mr. Jarman, Mr. Martin, and Dick Murphy.

Outcome

The Planning Commission approved the final record plat for Kingston Hall, Unit 1, Lot 22.

Kokernot & Riggs

The Planning Commission reviewed Plan 2008-129F, a reapproval of a 2008 final record plat for a small infill property. 54:50

Presentation and Recommendation

Staff presented the reapproval request and recommended approval with added conditions. The conditions addressed three key areas: tree protection, capacity assurance, and public right-of-way requirements.

Key Speakers

Mr. Martin and Justin Drury participated in the discussion of this agenda item.

Outcome

The Planning Commission approved the reapproval of Plan 2008-129F with the recommended conditions.

Schroyer Property, Lots 3 & 4

Development Plan DP 2016-27

The Planning Commission reviewed a development plan for the Schroyer Property, Lots 3 & 4, which proposed a restaurant with parking 1:00:27.

Key Speakers and Presentation

Jacob Walburn and Butch Schroyer presented the development plan to the Commission.

Public Comment and Concerns

During the public comment period, a concern was raised regarding the loss of an access point as a result of the proposed development. This prompted discussion among the Commission members about the feasibility of maintaining the access point.

Outcome

The development plan was approved.

Humana, Inc. (St. Joseph East Expansion) (AMD)

Identifier: DP 2016-28

The Planning Commission reviewed a development plan for Humana, Inc. involving expansion at the St. Joseph East location. 1:17:02

Proposal Overview

The project included the following components: - Expansion of parking facilities - Addition of a maintenance building - Improvement of loading docks

Key Participants

The discussion involved Mr. Southall and Mr. Salley.

Outcome

The Planning Commission postponed consideration of this development plan. The item was continued due to unresolved conditions and a late submittal of materials.

Greendale Hills, Unit 2-C

The Planning Commission reviewed a multifamily development plan for Greendale Hills, Unit 2-C (DP 2016-30) during this meeting. 1:28:14

Presentation and Key Speakers

Mr. Martin and Rory Cayley were the key speakers on this agenda item, presenting the development proposal to the Commission.

Staff Recommendation

Staff recommended approval of the development plan subject to 14 conditions. These conditions addressed several aspects of the project, including emergency access requirements and sinkhole use provisions.

Issues Reviewed

The Planning Commission's review focused on two primary areas of concern:

• Stormwater management
• Pedestrian connectivity

Outcome

The Planning Commission approved the Greendale Hills, Unit 2-C development plan.

Adams Property, Cadentown, Lots 3 & 4

Identifier: DP 2016-34

The Planning Commission reviewed a development plan for the Adams Property located in Cadentown, covering Lots 3 & 4. The item was presented by Mr. Martin and Dick Murphy 1:35:57.

Proposal

The development plan proposed two apartment buildings on the subject property.

Staff Recommendation

Staff recommended approval of the development plan with revised conditions. Additionally, staff recommended approval of a waiver for Campbell Lane termination.

Outcome

The Planning Commission approved the development plan for the Adams Property, Cadentown, Lots 3 & 4.

Field and Main

The Planning Commission reviewed a redevelopment plan for a bank and retail space located at Field and Main (DP 2016-38) 1:48:03.

Presentation and Recommendation

Staff presented the redevelopment proposal and recommended approval subject to 12 conditions. Key adjustments included requirements for a private dumpster and modifications to the drive-through configuration.

Outcome

The Planning Commission approved the redevelopment plan.

Goodwin Acres, Lots 31-34

Plan 2016-25C

The Planning Commission reviewed a consolidation plat for Goodwin Acres, Lots 31-34 1:55:01. The proposal involved consolidating four two-acre lots into two four-acre lots.

Staff Recommendation and Concerns

Staff recommended disapproval of the consolidation plat, citing a property versus lot definition issue as the basis for their recommendation.

Commission Discussion and Decision

Despite the staff's recommendation against approval, the Planning Commission voted to approve the consolidation plat. Key participants in the discussion included Mr. Salley, Wayne Goins, and Eric Ridd.

Outcome

The consolidation plat for Goodwin Acres, Lots 31-34 was approved by the Planning Commission.

Amendment to Article 4-4-D1

The Planning Commission considered a text amendment to Article 4-4-D1 regarding the extension of preliminary subdivision plan timelines 2:26:32.

Proposal

The amendment proposed extending the life of preliminary subdivision plans from three years to five years. This change was intended to align the preliminary subdivision plan timeline with existing zoning ordinance timelines, creating consistency across the regulatory framework.

Outcome

The amendment was approved by the Planning Commission.

Key Participants

Mr. Salley was the primary speaker on this agenda item.

Amendment to Articles 2-3B and 3-5B

The Planning Commission considered an amendment to Articles 2-3B and 3-5B during this meeting 2:30:16.

Proposal

The amendment proposed two key changes:

• Reducing the minimum lot size for non-building plats from 10 acres to 1 acre
• Allowing final development plans to replace final record plats

Discussion

Mr. Salley presented the amendment to the Commission.

Outcome

The Planning Commission approved the amendment to Articles 2-3B and 3-5B.