Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on September 8, 2016, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Frank Penn presiding as the presiding officer. The commission addressed six agenda items during the session, taking a total of nine motions and votes throughout the meeting. Two public comments were heard during the proceedings.

The commission's work resulted in a mixed set of outcomes for the various development proposals under consideration. Three agenda items were postponed for future consideration: Pleasant Ridge Subdivision Lot 129, Clay Ingels Company LLC, and Cadentown - Bernitha L. Kendrick Property Lot 1. Two items received approval from the commission: both Newtown Springs Lot 1 and the Newtown Springs (Tire Discounters) project moved forward with commission support. However, the Atlas I, LLC Zoning Map Amendment was denied by the commission.

The meeting demonstrated the commission's ongoing role in reviewing and making decisions on various development and zoning matters throughout Lexington-Fayette County, with commissioners carefully considering each proposal before rendering their decisions through the formal voting process.

Attendance

The meeting on September 8, 2016 had nine members present and two absent.

Present: • Frank Penn • Will Berkley • Mike Cravens • Mike Owens • Carolyn Richardson • Karen Mundy • Patrick Brewer • David Drake • Carolyn Plumlee

Absent: • Joseph Smith • Bill Wilson

No members arrived late to the meeting.

Votes and Decisions

The meeting included nine voting actions, with all nine members present for each vote.

Minutes Approval 0:30 Carolyn Plumlee motioned to approve the June 30, 2016, and July 14, 2016, minutes, seconded by Karen Mundy. The motion passed unanimously 9-0.

Minutes Approval 1:00 Karen Mundy motioned to approve the August 11, 2016, minutes, seconded by Mike Owens. The motion passed unanimously 9-0.

Case PLN-MJSUB-16-00006 2:00 Mike Owens motioned for indefinite postponement of Pleasant Ridge Subdivision, Lot 129, seconded by Karen Mundy. The postponement was approved unanimously 9-0.

Case PLN-MJDP-16-00005 3:00 Mike Cravens motioned to postpone Clay Ingels Company, LLC to October 13, 2016, seconded by Carolyn Plumlee. The postponement was approved unanimously 9-0.

Case PLN-MJSUB-16-00008 4:00 Karen Mundy motioned to postpone Cadentown - Bernitha L. Kendrick Property, Lot 1 to October 13, 2016, seconded by Carolyn Plumlee. The postponement was approved unanimously 9-0.

Case PLN-MJDP-16-00004 Waiver 6:00 Mike Owens motioned to approve a waiver for Newtown Springs, Lot 1, seconded by Mike Cravens. The motion passed 8-1 by roll call vote, with Frank Penn voting against.

Case PLN-MJDP-16-00004 Development Plan 7:00 Mike Owens motioned to approve the development plan for Newtown Springs, Lot 1, seconded by Will Berkley. The motion passed 8-1 by roll call vote, with Frank Penn voting against. The approval included the condition to denote reciprocal access throughout the property.

Case PLN-MJDP-16-00013 8:00 Mike Owens motioned to approve the development plan for Newtown Springs (Tire Discounters), seconded by Mike Cravens. The motion passed 5-4 by roll call vote. Voting in favor: Will Berkley, Mike Cravens, Mike Owens, Carolyn Richardson, and Karen Mundy. Voting against: Frank Penn, Patrick Brewer, David Drake, and Carolyn Plumlee. The approval included the condition to denote reciprocal access throughout the property.

Case MAR 2016-10 9:00 Carolyn Plumlee motioned to disapprove the zoning map amendment for Atlas I, LLC, seconded by David Drake. The motion failed 5-4 by roll call vote, meaning the zoning amendment was effectively approved. Voting for disapproval: Frank Penn, Carolyn Richardson, Karen Mundy, Patrick Brewer, and David Drake. Voting against disapproval: Will Berkley, Mike Cravens, Mike Owens, and Carolyn Plumlee.

Public Comment

Two residents addressed the board during the public comment period, both expressing concerns about a proposed rezoning and development project.

Tee Bergman 10:00 spoke in opposition to the rezoning proposal, raising multiple concerns about the potential impact on the surrounding neighborhood. Bergman highlighted worries about increased traffic that would result from the development, as well as concerns about the loss of tree canopy in the area. Additionally, Bergman addressed the need for commercial space in the community, suggesting this was a factor in their opposition to the current rezoning proposal.

Justin Joan 11:00 followed with comments focused specifically on traffic safety issues. Joan expressed concerns about increased traffic volume and safety risks on Springhurst Drive that would result from the proposed development. The speaker emphasized how the additional traffic could impact the safety of residents in the area.

Both speakers' comments centered on the potential negative impacts of the proposed development, with traffic concerns being a common theme between the two presentations. The public comments reflected neighborhood opposition to the rezoning proposal based on quality of life and safety considerations.

Contested Items

The primary contested item during this meeting was the Atlas I, LLC Zoning Map Amendment, which generated significant community opposition.

Nature of Opposition: The proposed zoning map amendment faced substantial pushback from community members who raised several key concerns:

• Traffic impacts - Residents expressed worries about increased vehicular congestion that would result from the proposed development
• Tree canopy preservation - Community members cited concerns about the potential loss of existing tree coverage in the area
• Commercial space needs - Opposition voices argued for the necessity of maintaining or providing adequate commercial space in the development

Community Involvement: The opposition appeared to be grassroots in nature, with multiple community members participating in the discussion and voicing their concerns about the zoning change. The level of community engagement suggested this was a locally significant issue that had mobilized neighborhood residents.

Scope of Disagreement: The contested nature of this item centered on the fundamental question of appropriate land use for the area in question. While Atlas I, LLC sought to amend the zoning map presumably to accommodate their development plans, the community opposition indicated a preference for different land use priorities that would better address their stated concerns about traffic management, environmental preservation, and commercial accessibility.

The contentious nature of this zoning amendment reflects common tensions in municipal planning processes, where developer interests and community preferences may not align, particularly regarding issues of traffic flow, environmental impact, and neighborhood character preservation.

Pleasant Ridge Subdivision, Lot 129

2:00

The Planning Commission discussed agenda item PLN-MJSUB-16-00006 regarding Pleasant Ridge Subdivision, Lot 129. Rich Murphy served as the key speaker for this item.

The primary focus of the discussion centered on concerns related to sanitary sewer improvements for the subdivision. These infrastructure concerns were significant enough to warrant postponing the item rather than proceeding with consideration at this meeting.

The Commission determined that the Pleasant Ridge Subdivision matter required additional time to address the sanitary sewer improvement issues before moving forward with any approvals or recommendations. No specific timeline was provided for when the item would return to the Commission for further consideration.

Outcome: The Pleasant Ridge Subdivision, Lot 129 item was postponed due to unresolved sanitary sewer improvement concerns.

Clay Ingels Company, LLC

3:00

The Planning Commission addressed agenda item PLN-MJDP-16-00005 regarding Clay Ingels Company, LLC during the September 8, 2016 meeting.

Rory Kahly served as the key speaker for this discussion item. The primary focus centered on the postponement of the Clay Ingels Company development plan due to compliance issues with Adaptive Reuse Criteria.

The Commission determined that the development proposal required additional work to meet the established Adaptive Reuse Criteria before it could proceed through the review process. Rather than moving forward with an incomplete application, the Commission opted to postpone consideration of the Clay Ingels Company development plan.

The outcome of this agenda item was a postponement, allowing the applicant time to address the compliance requirements and resubmit materials that properly align with the Adaptive Reuse Criteria standards.

Cadentown - Bernitha L. Kendrick Property, Lot 1

4:00

The Planning Commission addressed agenda item PLN-MJSUB-16-00008 regarding the Cadentown subdivision of the Bernitha L. Kendrick Property, Lot 1. Tom Martin served as the key speaker for this discussion.

The commission determined that the subdivision application required postponement due to unresolved questions concerning lot frontage requirements. The specific nature of the frontage issues was not detailed in the available materials, but these concerns were significant enough to prevent the commission from moving forward with consideration of the proposal at this meeting.

The outcome of the discussion was a postponement of the Cadentown subdivision matter, allowing time for the frontage questions to be addressed before the item returns to the Planning Commission for further review.

Newtown Springs, Lot 1

6:00

The Planning Commission reviewed application PLN-MJDP-16-00004 for Newtown Springs, Lot 1, which involved a waiver and development plan request.

Key speakers during the discussion included Tom Martin and Richard Murphy, who presented details about the proposed development and addressed questions from the commission.

The primary focus of the discussion centered on reciprocal access arrangements for the property. Commission members examined how the proposed development would handle access rights and connectivity with adjacent properties, ensuring proper coordination between different lots within the Newtown Springs development.

After reviewing the application materials and hearing from the presenters, the Planning Commission voted to approve the waiver and development plan for Newtown Springs, Lot 1. The approval came with specific conditions related to reciprocal access requirements, which were deemed necessary to ensure proper development coordination and access management for the property.

The commission's decision reflects their determination that the proposed development plan met the necessary criteria while addressing access concerns through the imposed conditions.

Newtown Springs (Tire Discounters)

8:00

The Planning Commission reviewed and discussed development plan PLN-MJDP-16-00013 for Newtown Springs (Tire Discounters). Key speakers during the discussion included Tom Martin and Richard Murphy.

The commission examined the proposed development plan for the Tire Discounters location within the Newtown Springs project. The primary focus of the discussion centered on access requirements and connectivity between adjacent properties.

A significant aspect of the deliberations involved reciprocal access arrangements. The commission addressed concerns about ensuring proper vehicular and pedestrian connections that would serve both the proposed Tire Discounters facility and neighboring developments within the broader Newtown Springs area.

Following their review and discussion of the development details, the Planning Commission voted to approve the Newtown Springs (Tire Discounters) development plan. However, the approval came with specific conditions related to reciprocal access requirements that must be met as part of the development implementation.

The conditional approval ensures that the development will maintain appropriate connectivity standards while allowing the Tire Discounters project to move forward within the established Newtown Springs framework.

Atlas I, LLC Zoning Map Amendment

9:00 The Planning Commission considered agenda item MAR 2016-10, a zoning map amendment request submitted by Atlas I, LLC.

During the discussion, key speakers included Tom Martin and Tee Bergman, who presented arguments and concerns regarding the proposed zoning change. The commission engaged in deliberation about the merits of the amendment request and its potential impacts on the surrounding area.

The primary concern raised during the discussion centered on the compatibility of the proposed zoning change with the existing comprehensive plan. Commission members expressed reservations about whether the amendment would align with the community's long-term planning goals and development vision as outlined in the comprehensive plan.

After reviewing the proposal and considering the various factors presented, the Planning Commission ultimately voted to deny the zoning map amendment request. The disapproval was based on the determination that the proposed changes were not sufficiently compatible with the comprehensive plan's objectives and guidelines.

The denial of MAR 2016-10 means that Atlas I, LLC's request to modify the zoning designation for their property was rejected, and the current zoning classification will remain in effect. This decision reflects the commission's commitment to maintaining consistency with established planning documents and ensuring that zoning changes support the community's overall development strategy.