Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission met on June 9, 2016, at 1:00 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 11 agenda items. The Commission took 7 votes and heard 7 public comments during the session.

Of the 11 items considered, 10 were approved and 1 was postponed. The approved items included several subdivision and development projects: Masterson Hills & Masterson Station Unit 10, Tuscany Unit 9, Wynndale Subdivision Lot 1 (Amendment), Tuscany Unit 3-A, Tuscany Unit 1 Lot 169 (YMCA Property Amendment), Brighton Place Shoppes Phase II (Gillis Property), NDC Property Unit 5D Phase II (Wellington), and Whayne Supply Company Zoning Map Amendment. The Commission also approved the Whayne Supply Zoning Development Plan and amendments to Articles 7, 23, and 26 regarding environmentally sensitive areas. The Hillenmeyer & SFH Properties amendment was postponed.

Attendance

The following individuals were present at the meeting on June 9, 2016:

• Mike Owens
• Will Berkley
• Mike Cravens
• David Drake
• Carolyn Plumlee
• Carolyn Richardson
• Frank Penn
• Bill Wilson
• Joe Smith
• Karen Mundy
• Patrick Brewer

No attendees were recorded as absent or late.

Votes and Decisions

Postponement of PLAN 2016-47P: Hillenmeyer & SFH Properties (Amendment) 6:49

Motion by Carolyn Plumlee, seconded by Bill Wilson. The motion to postpone this item to July 14, 2016 passed by voice vote with all 11 members voting in favor.

Consent Agenda Approval 11:08

Motion by Patrick Brewer, seconded by Carolyn Richardson. Items on the Consent Agenda as recommended by the Subdivision Committee were approved by voice vote with all 11 members voting in favor.

MAR 2016-15: Whayne Supply Company Zone Map Amendment 28:08

Motion by Will Berkley, seconded by Joe Smith. The zone map amendment from A-U to I-1 for Whayne Supply Company passed by voice vote with all 11 members voting in favor. The approval includes the following conditions: - No lighting may be directed toward any adjacent property located in either an Agricultural or Residential zone. - Approval and certification of ZDP 2016-51: Whayne Supply prior to forwarding to the Urban County Council within two weeks.

ZDP 2016-51: Whayne Supply Zoning Development Plan 28:41

Motion by Will Berkley, seconded by Karen Mundy. The zoning development plan with revised conditions passed by voice vote with all 11 members voting in favor. Required conditions include: - Resolve access to adjoining development per notes #11 and #12. - Expand the plan to include the proposed and approved adjoining development. - Provide easements to serve the property and surrounding development.

ZOTA 2016-1: Zoning Ordinance Amendment 1:13:45

Motion by Bill Wilson, seconded by Will Berkley. The amendment to Articles 7, 23, and 26 of the Zoning Ordinance to strengthen oversight of environmentally sensitive areas passed by voice vote with all 11 members voting in favor. The amendment authorizes the Board of Adjustment to require detailed site plans for conditional use applications involving environmentally sensitive areas, impose intermediate certification and verification reviews during pre-construction, active construction, and post-construction phases, and require restoration of environmentally sensitive areas if a conditional use ceases operation.

Windburn Small Area Plan Public Hearing 1:14:48

Motion by Carolyn Plumlee, seconded by Will Berkley. The amendment to the meeting calendar to add a public hearing on the Windburn Small Area Plan on June 30, 2016 passed by voice vote with all 11 members voting in favor.

Nominating Committee for Officers 1:15:49

Motion by Patrick Brewer, seconded by Will Berkley. The approval of a nominating committee consisting of Carolyn Plumlee, Mike Cravens, and Joe Smith passed by voice vote with all 11 members voting in favor.

Public Comment

Seven speakers addressed the board during the public comment period, raising questions and concerns about a proposed text amendment related to environmental sensitivity and zoning.

Questions About Environmental Standards and Enforcement

Ms. Mundy asked about the relationship between the proposed text amendment and the Department of Environmental Quality's approval of environmentally sensitive areas, and whether the amendment would create issues for future development 26:20. She later raised a follow-up question about whether areas with steep slopes and flow to the river would be considered environmentally sensitive under the proposed definition 47:17.

Mr. Drake questioned the mechanics of floodplain alteration, specifically asking whether the Board of Adjustment could require removal of fill in a floodplain if a development failed, and expressed concerns about the practicality of enforcement 46:08.

Concerns About Cost and Feasibility

Mr. Cravens expressed concern that the proposed amendment is overly restrictive and expensive, questioning whether it would deter developers from entering the area 54:03.

Ms. Richardson stated that the amendment represents expensive overkill and could prohibit educational agritourism developments due to high compliance costs 1:02:57.

Support for Environmental Protections

Mr. Penn argued in favor of the amendment, contending that it helps identify environmental problems before development occurs, thereby preventing costly after-the-fact fixes 1:04:03.

Ms. Plumlee supported stronger environmental protections, suggesting that if a development is too expensive to bond, it should not be developed at all, and called for stronger language in the amendment 1:05:44.

Appointments

The following individuals were appointed to the Nominating Committee:

• Carolyn Plumlee
• Mike Cravens
• Joe Smith

Contested Items

ZOTA 2016-1 Text Amendment

The meeting featured a contested vote on the ZOTA 2016-1 text amendment. [timestamp: not available]

The disagreement centered on the scope and impact of the proposed amendment. One perspective held that the amendment was overly restrictive and expensive, with concerns that these provisions could deter developers from pursuing projects in the affected areas. The opposing viewpoint argued that the amendment represented a necessary proactive measure to protect environmentally sensitive areas.

The vote resulted in a split decision among the body, indicating that participants remained divided on whether the amendment struck the appropriate balance between environmental protection and development feasibility.

HILLENMEYER & SFH PROPERTIES (AMD)

Plan Identifier: PLAN 2016-47P

Project Type: Subdivision

Summary

The preliminary subdivision plan amendment for Hillenmeyer & SFH Properties was presented for consideration. The proposal involved combining and correcting three adjacent plans while revising street alignment and lots.

Action Taken

The applicant requested a postponement of this agenda item. A motion to postpone was made and approved unanimously by the body.

Outcome

The item was postponed. No further discussion or debate was recorded regarding the specific details of the proposed plan amendments.

MASTERSON HILLS & MASTERSON STATION, UNIT 10

Plan Identifier: PLAN 2003-209P

Project Type: Subdivision Reapproval

Location: 2900-2918 and 3000 Spurr Road

Presenter: Bill Sallee 7:55

This agenda item addressed the reapproval of a preliminary subdivision plan for Masterson Hills & Masterson Station, Unit 10. The project involves property located at 2900-2918 and 3000 Spurr Road.

The reapproval was subject to specific conditions that applicants were required to meet. These conditions included documentation of the Division of Water Quality's approval, along with additional site-specific requirements that were to be incorporated into the project.

Outcome: The subdivision plan was approved.

TUSCANY, UNIT 9

Project: Reapproval of preliminary subdivision plan (PLAN 2012-113P)

Location: 1970 Winchester Road

Type: Subdivision

Key Speaker: Bill Sallee

Outcome: Approved 8:28

The meeting addressed reapproval of a preliminary subdivision plan for Tuscany, Unit 9 at 1970 Winchester Road. Bill Sallee presented the item to the board.

The reapproval was contingent upon satisfaction of specific conditions:

• Documentation of Division of Water Quality's approval
• Resolution of street connectivity issues

The plan received approval following discussion of these requirements.

WYNNDALE SUBDIVISION, LOT 1 (AMD)

Plan 2016-33F

An amended final record plat for property located at 3757 Kings Glen Park was presented for approval. 9:00

Bill Sallee presented this agenda item regarding the Wynndale Subdivision, Lot 1 amendment.

The approval included several conditions to be met:

• Floodplain protection measures
• Utility easements
• Arterial screening requirements

The amended final record plat was approved.

TUSCANY, UNIT 3-A

Plan Identifier: PLAN 2013-127F

Item Type: Subdivision Reapproval

This agenda item concerned the reapproval of a final subdivision plan for property located on Old Rosebud Road. 9:33

Key Speaker: - Bill Sallee

Conditions for Approval:

The reapproval was contingent upon the following conditions: - Documentation of Division of Water Quality's approval - Compliance with all prior conditions

Outcome:

The final subdivision plan for TUSCANY, UNIT 3-A was approved.

TUSCANY, UNIT 1, LOT 169 (YMCA PROPERTY) (AMD)

Identifier: DP 2016-29

Type: Development Plan Amendment

Outcome: Approved with conditions

Tom Martin presented a conditional approval of a development plan amendment for the YMCA property located at Tuscany, Unit 1, Lot 169 9:33. The amendment included several conditions addressing site infrastructure and safety requirements.

The conditions of approval specified requirements for:

• Access to the property
• Drainage systems
• Fire hydrant placement

The development plan amendment received approval following the presentation and discussion of these conditional requirements.

BRIGHTON PLACE SHOPPES, PHASE II (GILLIS PROPERTY)

Development Plan Amendment DP 2016-55

The board considered a development plan amendment for the Gillis property as part of the Brighton Place Shoppes Phase II project. 10:05

Tom Martin presented the proposal to the board.

Conditions of Approval

The development plan amendment was approved subject to the following conditions:

• Sidewalk connections to be constructed as part of the project
• Traffic signage to be installed according to specifications
• Tree preservation requirements to be implemented on the property

Outcome

The development plan amendment was approved.

NDC PROPERTY, UNIT 5D, PH II (WELLINGTON)

Identifier: DP 2009-75

Location: 501 West Reynolds Road and Vincent Way

Overview

This agenda item addressed the reapproval of a development plan for the NDC Property, Unit 5D, Phase II in Wellington. 10:05

Presentation and Discussion

Tom Martin presented on this development plan reapproval.

Conditions

The reapproval included the following conditions:

• Documentation of Division of Water Quality's approval
• Additional certifications

Outcome

The development plan was approved.

WHAYNE SUPPLY COMPANY ZONING MAP AMENDMENT

Proposal

The board considered a zone map amendment (MAR 2016-15) for property located at 2201 Georgetown Road. The amendment would change the zoning classification from Agricultural Urban (A-U) to Light Industrial (I-1).

Conditions

The approval included two specific conditions: - A conditional lighting restriction - Certification of the development plan

Key Speakers

Bill Sallee and Tom Martin presented on this agenda item. 12:40

Outcome

The zone map amendment was approved.

WHAYNE SUPPLY ZONING DEVELOPMENT PLAN

Identifier: ZDP 2016-51

Overview The board considered approval of the preliminary development plan for the Whayne Supply site. The proposal included conditions related to access, easements, and integration with adjacent developments.

Presentation Tom Martin presented the zoning development plan to the board 18:29.

Outcome The preliminary development plan for the Whayne Supply site was approved.

AMENDMENTS TO ARTICLES 7, 23, AND 26 FOR ENVIRONMENTALLY SENSITIVE AREAS

Identifier: ZOTA 2016-1

The board considered a text amendment to strengthen oversight of environmentally sensitive areas through modifications to Articles 7, 23, and 26 of the zoning ordinance. 29:49

Key Speakers

Tracy Jones and Bill Sallee presented and discussed the proposed amendments.

Proposal Summary

The amendment sought to enhance the Board of Adjustment's authority and procedures for managing environmentally sensitive areas. The changes included new requirements for site plans, verification reviews, and restoration conditions to ensure adequate protection and monitoring of sensitive environmental zones.

Outcome

The board approved the text amendment ZOTA 2016-1.