Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on December 8, 2016, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky. The commission addressed 13 agenda items during the session, taking a total of 14 votes on various development proposals, subdivisions, and regulatory matters. The meeting included no public comment period, with commissioners focusing primarily on reviewing development applications and subdivision proposals throughout the Lexington area.

The commission accomplished significant business during the session, approving several major development projects including Turfland Mall Outlot H, multiple units of the Meadow Oaks subdivision, and the Hash and Hounshell Property development. However, the commission also postponed consideration of two significant projects - Cave Hill Townhomes and Meadowthorpe Community Business Center Unit 1 - while denying approval for the Woodward Court Subdivision. Additionally, commissioners approved reapprovals for National Station, LLC and Gess Property Unit 8, demonstrating ongoing oversight of previously approved developments.

One notable action was the tabling of a proposed amendment to Article 4-7 of the Land Subdivision Regulations, indicating the commission's careful consideration of regulatory changes. The meeting concluded with approval to hear a future presentation from Community Ventures Property, LLC, setting the stage for upcoming development discussions. The session demonstrated the commission's active role in managing urban development and growth throughout Lexington-Fayette County.

Attendance

The following members were present at the December 8, 2016 meeting:

• Frank Penn
• Karen Mundy
• Carolyn Plumlee
• Will Berkley
• Joe Smith
• Mike Owens

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The meeting began with approval of the November 10, 2016 minutes by voice vote 0:00.

Two items were postponed to January 12, 2017: Cave Hill Townhomes (DP 2015-74) was postponed on motion by Mr. Chairman, seconded by Ms. Plumley 2:00, and Meadowthorpe Community Business Center, Unit 1 (PLN-MJSUB-16-00022) was postponed on motion by Ms. Plumley 3:00.

The consent agenda was approved by voice vote on motion by Ms. Richardson, excluding PLN-MJSUB-16-00022 5:00.

Several development projects received approval with conditions:

• Turfland Mall, Outlot H (PLN-MJSUB-16-00016) was approved with ten staff conditions on motion by Mr. Berkley, seconded by Mr. Smith 15:00. A related waiver was also approved 17:00.

• Hash and Hounshell Property (PLN-MJDP-16-00037) was approved with 17 conditions and findings for use of access easement on motion by Mr. Craven, seconded by Ms. Mundy 30:00.

• National Station, LLC (DP 2015-112) was reapproved with 19 conditions on motion by Mr. Craven, seconded by Ms. Richardson 35:00.

• Gess Property, Unit 8 (PLN-MNSUB-16-00035) was approved with five conditions on motion by Mr. Craven, seconded by Ms. Richardson 40:00.

Two Ashford Oaks subdivisions received reapproval: Meadow Oaks, Unit 1-A (PLAN 2008-138F) 20:00 and Unit 1-C (PLAN 2008-140F) with staff conditions 25:00, both on motions by Mr. Craven.

One item was disapproved: Woodward Court Subdivision extension request (PLAN 2013-129P) was denied for reasons provided by staff on motion by Mr. Chairman, seconded by Ms. Plumley 10:00.

The Amendment to Article 4-7 of the Land Subdivision Regulations (SRA 2016-4) was continued to January 12, 2017 on motion by Ms. Plumley, passing 7-1 45:00.

Finally, Community Ventures Property, LLC (PLN-MJDP-16-00055) was scheduled for hearing on January 12, 2017 on motion by Mr. Berkley, seconded by Mr. Drake 50:00.

Contested Items

The meeting featured one contested item that required extended discussion and ultimately led to a continuation for further review.

Amendment to Article 4-7 of the Land Subdivision Regulations

A procedural dispute arose regarding the proposed amendment to Article 4-7 of the Land Subdivision Regulations. The disagreement centered on the methodology for determining unit costs for sureties, which are financial guarantees required from developers to ensure completion of subdivision improvements.

The discussion revealed differing perspectives on how these unit costs should be calculated and applied. The nature of the dispute was procedural rather than substantive, focusing on the technical aspects of cost determination rather than the underlying policy goals of the regulation.

Due to the complexity of the issues raised and the need for additional clarification on the proposed methodology, the board decided not to proceed with a vote on the amendment during this meeting. Instead, the item was continued to allow staff and board members additional time to review the technical details and resolve the procedural questions that had been identified.

The continuation ensures that all parties will have adequate opportunity to understand the implications of the proposed changes to the surety cost calculation methodology before the board takes final action on the amendment.

Approval of Minutes

0:00 The meeting began with consideration of the minutes from the November 10, 2016 meeting. Mr. Chair presented the minutes for review and approval by the body.

The minutes were considered without recorded discussion or debate from other members present. No concerns or corrections were raised regarding the accuracy or completeness of the November 10, 2016 meeting record.

The minutes of the November 10, 2016 meeting were approved by the body.

Postponement of Cave Hill Townhomes

The Cave Hill Townhomes development proposal (DP 2015-74) was postponed during the December 8, 2016 meeting due to procedural requirements not being fulfilled 2:00.

Mr. Chairman addressed the postponement, explaining that the item could not proceed as scheduled because an advertisement requirement had not been properly met. The specific nature of the advertisement deficiency was not detailed in the available meeting materials.

No substantive discussion of the townhomes project itself took place during this meeting, as the procedural issue prevented the item from moving forward to consideration on its merits. The postponement was handled as an administrative matter rather than a debated decision.

The outcome was a formal postponement of agenda item DP 2015-74, with the understanding that the Cave Hill Townhomes proposal would need to return to a future meeting once the proper advertisement requirements were satisfied.

Postponement of Meadowthorpe Community Business Center, Unit 1

3:00

The Planning Commission considered agenda item PLN-MJSUB-16-00022 regarding the Meadowthorpe Community Business Center, Unit 1. Ms. Plumley addressed the commission during the discussion of this item.

The commission determined that the item required additional time for further discussion and review before proceeding. No detailed presentation or debate on the merits of the project occurred during this meeting.

The item was postponed, with the commission indicating that more comprehensive consideration would be needed at a future meeting. The postponement allows staff and commissioners additional time to review materials and address any outstanding issues related to the Meadowthorpe Community Business Center development proposal.

Consent Agenda

5:00

The consent agenda was presented for approval during the meeting, with Ms. Richardson serving as the key speaker for this item. The consent agenda included several final subdivision plans and development plans that had been reviewed and were ready for approval.

The consent agenda process allows the governing body to efficiently handle routine administrative matters and previously reviewed items that do not require individual discussion or debate. These items are typically bundled together and approved with a single vote, streamlining the meeting process for non-controversial matters.

Ms. Richardson presented the various subdivision plans and development plans that comprised the consent agenda. These plans had undergone the necessary review processes and met the required standards for approval. The specific details of individual subdivision plans and development projects included in the consent agenda were not elaborated upon during this portion of the meeting, as is typical for consent agenda items.

The consent agenda was approved without significant discussion or debate, indicating that the included items were considered routine and non-controversial. This approval granted final authorization for the subdivision plans and development plans that had been bundled together in the consent agenda.

The efficient handling of these administrative matters through the consent agenda process allowed the meeting to proceed to other agenda items that required more detailed discussion and consideration.

Disapproval of Woodward Court Subdivision

10:00

The commission considered agenda item PLAN 2013-129P regarding the Woodward Court Subdivision. The item involved a request for a one-year extension of the subdivision plan.

Mr. Chairman addressed the matter, noting that the request for an extension was not necessary. The commission determined that the current subdivision plan remains valid until January 30, 2019, making the requested one-year extension redundant.

Based on this finding, the commission disapproved the extension request. The outcome was a denial of the requested extension, with the understanding that the existing plan approval provides sufficient time for the development to proceed under its current timeline.

The discussion was brief, focusing primarily on the validity period of the existing subdivision approval rather than any substantive issues with the proposed development itself.

Approval of Turfland Mall, Outlot H

15:00

The commission reviewed application PLN-MJSUB-16-00016 for the approval of Turfland Mall, Outlot H. The agenda item was presented as a resolution requiring commission action.

Key speakers during the discussion included Mr. Berkley and Mr. Smith, who addressed various aspects of the development proposal. The presentation covered the technical details and requirements for the outlot development at the Turfland Mall site.

The commission ultimately approved the plan with ten conditions attached to the approval. Among these conditions was a notable waiver for sanitary sewers, indicating that the development received an exception from standard sewer infrastructure requirements.

The resolution passed, allowing the Turfland Mall Outlot H development to proceed under the specified conditions established by the commission.

Approval of Hash and Hounshell Property

30:00 The commission considered agenda item PLN-MJDP-16-00037 regarding the Hash and Hounshell Property approval.

Key speakers during the discussion included Mr. Craven and Ms. Mundy, who presented details about the proposed development plan and addressed questions from the commission.

The plan under consideration involved the use of an access easement for the Hash and Hounshell property. Following review and discussion of the proposal, the commission moved forward with approval of the development plan.

The commission approved the Hash and Hounshell Property plan with 17 specific conditions attached to the approval. The resolution also included findings related to the use of the access easement that was part of the development proposal.

The approval represents the commission's determination that the proposed development meets the necessary requirements and standards, subject to compliance with the 17 conditions outlined in the resolution.

Amendment to Article 4-7 of the Land Subdivision Regulations

45:00

The board discussed agenda item SRA 2016-4, an amendment to Article 4-7 of the Land Subdivision Regulations. Mr. Martin served as the key speaker for this item, presenting details about the proposed changes to the existing regulations.

During the discussion, it became apparent that additional clarification was needed regarding the specific provisions and implications of the proposed amendment. The board determined that more time was required to thoroughly review and understand the technical aspects of the regulatory changes before making a final decision.

Rather than rushing to a vote, the board chose to exercise due diligence by continuing the matter to allow for proper examination of the amendment's language and potential impacts on land subdivision processes. This approach ensures that any regulatory changes are well-considered and clearly understood by all parties involved.

Outcome: The amendment discussion was tabled and continued to the January 12, 2017 meeting to provide additional time for clarification and review of the proposed changes to Article 4-7 of the Land Subdivision Regulations.

Approval to hear Community Ventures Property, LLC

50:00

The commission considered whether to hear agenda item PLN-MJDP-16-00055 for Community Ventures Property, LLC, despite the application being filed after the standard deadline.

Mr. Berkley and Mr. Drake were the key speakers who addressed the commission regarding this procedural matter. The discussion centered on the late filing of the application and whether the commission should grant an exception to hear the item at a future meeting.

Despite the untimely submission, the commission voted to approve hearing the Community Ventures Property, LLC matter. The item was scheduled to be heard at the commission's January 12, 2017 meeting.

The approval allows Community Ventures Property, LLC to proceed with presenting their case to the commission, even though they did not meet the original filing deadline. This procedural vote ensures the applicant will have an opportunity to present their proposal and receive consideration from the commission in the new year.