URBAN COUNTY PLANNING COMMISSION-SUBDIVISION ITEMS

Summary

Meeting Overview

The Urban County Planning Commission convened on March 13, 2008, at 1:35 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Randall Vaughn presiding as chair. The commission addressed 18 agenda items during the session, taking a total of 19 motions and votes on various development plans, final plats, and one board of adjustment appeal.

The meeting demonstrated significant development activity across Lexington, with the commission approving 16 of the 18 items presented. Two items were postponed: PLAN 2008-28F for Lakeview Island, Unit 3 (The Landings) and PLAN 2007-52P for Tuscany, Unit 5. The approved items included a diverse range of projects spanning residential developments, commercial properties, and mixed-use facilities, including developments such as Denton Farm Phases 3 & 4, a Wendy's restaurant location, Patchen Village, and various subdivision plats.

Notable approvals included a Lexington Housing Authority project at 898 Georgetown Road, multiple residential developments like Bluegrass Aspendale and Man O' War Development units, and commercial projects such as Hamburg Place Mall expansion and the Interchange Service Center. The commission also heard 2 public comments during the proceedings and approved one Board of Adjustment appeal filed by Alan Foster. The meeting reflected the commission's ongoing role in managing urban growth and development across the county.

Attendance

The Commission meeting on March 13, 2008 had strong attendance with eleven members present and no absences recorded.

Present: • Randall Vaughn • Linda Godfrey • Frank Penn • Ed Holmes • Carolyn Richardson • Joan Whitman • James Mahan • Lynn Roche-Phillips (arrived late) • Mike Cravens • Lyle Aten • Neill Day (arrived late)

Absent: • None

Late Arrivals: • Lynn Roche-Phillips • Neill Day

All Commission members ultimately participated in the meeting, with two members arriving after the scheduled start time. The full attendance allowed the Commission to proceed with all agenda items and maintain a quorum throughout the session.

Votes and Decisions

The Commission took action on 19 items during the March 13, 2008 meeting, with all votes conducted by voice vote. Two items were postponed, while 17 items were approved unanimously.

Postponements: • Linda Godfrey motioned to postpone PLAN 2008-28F: LAKEVIEW ISLAND, UNIT 3 (THE LANDINGS) to April 10, 2008, seconded by Lyle Aten. The motion passed 9-0. • Linda Godfrey motioned to postpone PLAN 2007-52P: TUSCANY, UNIT 5 to April 10, 2008, seconded by Frank Penn. The motion passed 10-0.

Development Plan Approvals: The Commission approved six development plans, all subject to staff conditions: • DP 2008-29: MILLER AND BIRD, UNIT 1-A, BLOCK D, LOT 1 (WENDY'S) - motioned by Frank Penn, seconded by Lyle Aten, passed 10-0 • DP 2008-21: DENTON FARM, PHASES 3 & 4 - motioned by Mike Cravens, seconded by Lyle Aten, passed 10-0 • DP 2008-09: BOSTON ROAD DEVELOPMENT, LLC, LOT 3 - motioned by Linda Godfrey, seconded by Carolyn Richardson, passed 10-0 • DP 2008-32: FURCOLOW PROPERTY (GREENHOUSE APTS.) - motioned by Linda Godfrey, seconded by Carolyn Richardson, passed 10-0 • DP 2008-33: INTERCHANGE SERVICE CENTER, LOT 2-A - motioned by Linda Godfrey, seconded by Lyle Aten, passed 11-0 • DP 2008-28: PATCHEN VILLAGE - motioned by Joan Whitman, seconded by Lyle Aten, passed 11-0

Additional Approvals: The Commission also approved several plats, reapprovals, and administrative items, including PLAN 2008-31P: LEXINGTON HOUSING AUTHORITY – 898 GEORGETOWN ROAD, multiple development plans for Hamburg Place Mall and The Landings, and an appeal for BOAR-2007-3 regarding 129 Ransom Avenue. All items passed with 11-0 votes, with most approvals subject to staff conditions.

Frank Penn made a motion to release and call for bonds per memorandum, which passed 11-0 without a recorded second.

Public Comment

Two members of the public addressed the Commission during the public comment period.

Michael Owens spoke in support of a postponement request. Owens, who resides at 3184 Newtown Pike, stated that he agreed with the petitioner's request to postpone the matter under consideration.

John Tucker raised environmental concerns regarding the Commission's review process. Tucker expressed concern about the lack of environmental engineer sign-off on development plans, particularly in environmentally sensitive areas. He cited past violations as justification for his concerns about the current review procedures.

*Note: Specific transcript timestamps were not available for these public comments.*

Contested Items

The Commission addressed one contested matter during the March 13, 2008 meeting involving an appeal of a Board of Architectural Review decision.

BOAR-2007-3: Appeal by Alan Foster

Alan Foster appealed the Board of Architectural Review's denial of his Certificate of Appropriateness application for a deck project. The appeal centered on a procedural dispute regarding the application of the board's guidelines and the decision-making process.

Foster's appeal challenged the denial on grounds that the guidelines were applied arbitrarily in his case. The disagreement focused on the procedural aspects of how the Board of Architectural Review evaluated his deck proposal and whether the denial was consistent with established review criteria.

The appeal raised questions about the fairness and consistency of the architectural review process, with Foster arguing that the board's decision lacked proper justification under the applicable guidelines. The dispute highlighted tensions between property owners seeking to make improvements and the regulatory framework governing architectural modifications in the jurisdiction.

The Commission's consideration of this appeal involved reviewing both the original application materials and the Board of Architectural Review's rationale for denial, as well as examining whether proper procedures were followed in the initial review process.

PLAN 2008-28F: LAKEVIEW ISLAND, UNIT 3 (THE LANDINGS)

The Planning Commission postponed consideration of Plan 2008-28F for Lakeview Island, Unit 3 (The Landings) to the April 10, 2008 meeting. Gary Roland was identified as a key speaker on this agenda item.

The postponement was necessitated by outstanding questions regarding street frontage requirements and concerns about the timing of the plan's submission. These technical issues required additional review and clarification before the Commission could proceed with its evaluation of the development proposal.

No substantive discussion of the plan's merits or specific development details took place during this meeting, as the focus was on addressing the procedural and timing concerns that led to the deferral.

The item will be reconsidered at the Commission's next regularly scheduled meeting on April 10, 2008, allowing time for the applicant and staff to resolve the identified issues regarding street frontage and submission timing.

PLAN 2007-52P: TUSCANY, UNIT 5

The Planning Commission postponed consideration of Plan 2007-52P for Tuscany, Unit 5 to their April 10, 2008 meeting due to outstanding questions that required additional review.

Rory Kahly served as the key speaker for this agenda item. The postponement was necessary to address specific concerns regarding access issues and proposed traffic signals associated with the development plan.

The Commission determined that these traffic and access-related questions needed to be resolved before the plan could move forward for approval. Rather than proceeding with an incomplete review, the Commission opted to defer the item to allow time for proper evaluation of these critical infrastructure elements.

The plan will be reconsidered at the Planning Commission's next regularly scheduled meeting on April 10, 2008, when the access and traffic signal issues are expected to be fully addressed.

DP 2008-29: MILLER AND BIRD, UNIT 1-A, BLOCK D, LOT 1 (WENDY'S)

The Commission reviewed a development plan for Miller and Bird to construct a new 3,500 square-foot restaurant on Unit 1-A, Block D, Lot 1, which will house a Wendy's restaurant.

Harvey Johnson served as a key speaker during the discussion of this agenda item. The proposal involved the construction of a new commercial restaurant facility totaling 3,500 square feet.

Following review and discussion, the Commission approved the development plan. The approval was granted subject to conditions that had been outlined by staff, though the specific details of those conditions were not detailed in the available materials.

The approval allows Miller and Bird to proceed with construction of the new Wendy's restaurant location according to the submitted plans, provided they comply with all staff-recommended conditions attached to the approval.

DP 2008-21: DENTON FARM, PHASES 3 & 4

The Commission reviewed and approved a development plan revision for Denton Farm Phases 3 & 4. Carol Goes served as the key speaker presenting the proposal to the Commission.

The approved plan included several significant modifications to the original development layout:

• Revision of the single-family lot configuration for both Phase 3 and Phase 4
• An increase in the total number of condominium units planned for the development
• Updated site statistics reflecting the proposed changes

The development plan revision was presented as part of the ongoing Denton Farm project, which appears to be a multi-phase residential development combining both single-family homes and condominium units. The changes to the lot layout suggest the developer sought to optimize the use of available land while increasing the density of condominium units.

The Commission ultimately approved the revised development plan, allowing the project to proceed with the modified single-family lot arrangements and increased condominium count. The approval enables the developer to move forward with Phases 3 and 4 of the Denton Farm development under the new specifications.

No significant concerns or opposition were noted in the available meeting records, and the item proceeded to approval without apparent controversy. The updated site statistics accompanying the plan revision would provide the technical details necessary for the Commission's review and approval process.

DP 2008-09: BOSTON ROAD DEVELOPMENT, LLC, LOT 3

The Commission reviewed a development plan modification for Boston Road Development, LLC involving Lot 3. The proposal sought to reduce the amount of parking designated in excess of what was required by the development standards while simultaneously increasing the number of restaurant seats within the project.

Bob Cornett served as the key speaker presenting the plan to the Commission. The modification represented a balance between parking availability and restaurant capacity, allowing the developer to optimize the use of the property while maintaining compliance with municipal requirements.

The Commission approved the plan as presented. The approval allows Boston Road Development, LLC to proceed with the modified development that will feature fewer excess parking spaces than originally planned, with the trade-off of accommodating additional restaurant seating. This type of modification is common in commercial developments where developers seek to maximize revenue-generating space while meeting minimum parking requirements rather than exceeding them significantly.

The approval indicates the Commission found the proposed balance between parking and restaurant seating appropriate for the site and consistent with local development standards and community needs.

DP 2008-32: FURCOLOW PROPERTY (GREENHOUSE APTS.)

The Commission reviewed a development plan for the Furcolow Property, also known as Greenhouse Apartments, involving the conversion of an existing clubhouse into a residential unit.

Roger Ladenburger served as the key speaker for this agenda item, presenting the proposal to the Commission. The plan called for converting the property's existing clubhouse facility into one residential unit, representing a change in use for the building.

Staff had reviewed the proposal and recommended approval with specific conditions attached. The Commission considered both the development plan details and the staff's recommended conditions during their deliberations.

Following discussion, the Commission approved the development plan for DP 2008-32. The approval was granted subject to the conditions that had been outlined by staff in their review of the project. These conditions would need to be met as part of the implementation of the clubhouse conversion.

The approval allows the property owner to proceed with converting the clubhouse into residential use, adding one additional dwelling unit to the Greenhouse Apartments property. The specific staff conditions attached to the approval will govern how the conversion must be carried out to ensure compliance with local development standards and regulations.

DP 2008-33: INTERCHANGE SERVICE CENTER, LOT 2-A

The Commission reviewed development plan DP 2008-33 for the Interchange Service Center, Lot 2-A, which proposed adding buildable square footage to the property.

Roger Ladenburger served as the key speaker for this agenda item, presenting the development plan to the Commission for consideration.

The Commission approved the development plan, allowing the addition of buildable square footage to Lot 2-A of the Interchange Service Center. However, the approval came with conditions that had been outlined by staff prior to the meeting.

While the specific details of the proposed square footage addition and the staff conditions were not detailed in the available materials, the Commission found the plan acceptable with the recommended modifications and requirements in place.

The approval of DP 2008-33 allows the Interchange Service Center development to proceed with the planned expansion of buildable area on Lot 2-A, subject to compliance with the conditions established by planning staff.

DP 2008-28: PATCHEN VILLAGE

The Commission reviewed development plan DP 2008-28 for Patchen Village, which proposed several modifications to the existing approved development. Chris Howard served as the key speaker presenting the item to the Commission.

The proposed revisions included three main components: • Revising parking arrangements between buildings • Adding buildable area to the development • Revising site statistics to reflect the proposed changes

Staff had reviewed the application and recommended approval of the development plan modifications, contingent upon specific conditions that were outlined in their report to the Commission.

Following presentation and discussion of the proposal, the Commission voted to approve DP 2008-28: Patchen Village. The approval was granted subject to the conditions specified by staff in their recommendation, ensuring that the revised development plan would meet applicable standards and requirements.

The approval allows the developer to proceed with the proposed changes to parking configurations, the addition of buildable area, and the corresponding updates to site statistics for the Patchen Village development.

PLAN 2008-31P: LEXINGTON HOUSING AUTHORITY – 898 GEORGETOWN ROAD

The Commission reviewed Plan 2008-31P for the Lexington Housing Authority's development at 898 Georgetown Road during the March 13, 2008 meeting.

Mark McCain presented the plan to the Commission for consideration. The proposal involved a development project by the Lexington Housing Authority at the Georgetown Road location.

Following staff review and McCain's presentation, the Commission approved the plan with conditions. The approval was contingent upon the applicant obtaining various required approvals from county engineers and planners, as specified in the staff recommendations.

The Commission's decision to approve the plan subject to staff conditions indicates that while the overall proposal met the necessary requirements, certain technical and regulatory approvals still needed to be secured before the project could proceed. These conditions typically ensure that development projects comply with county engineering standards, zoning requirements, and planning guidelines.

Outcome: The plan was approved subject to conditions listed by staff, including various approvals from county engineers and planners.

DP 2008-43: BLUEGRASS ASPENDALE

The Commission reviewed development plan DP 2008-43 for Bluegrass Aspendale, which proposed modifications to the existing approved development. Mark McCain served as the key speaker presenting the item to the Commission.

The plan requested approval to reconfigure the building envelope areas and modify the parking layout from the previously approved design. Staff had reviewed the proposed changes and determined they were acceptable with certain conditions.

Following the presentation and discussion, the Commission voted to approve DP 2008-43: Bluegrass Aspendale. The approval was granted subject to the conditions outlined by staff in their review of the development plan modifications.

The reconfiguration of building envelopes and parking layout changes were deemed appropriate for the site, allowing the developer to proceed with the revised design while maintaining compliance with applicable development standards through the staff-recommended conditions.

DP 2008-31: MAN O' WAR DEVELOPMENT, UNIT 2-A, LOT A-18 & LOT A-19

The Commission reviewed a development plan for Man O' War Development, Unit 2-A, specifically addressing Lot A-18 and Lot A-19. The proposal focused on revising parking and circulation arrangements for Lot A-19.

Matt Williams served as a key speaker during the discussion of this agenda item. The plan presented modifications to the existing parking layout and traffic circulation patterns within the development.

Following review and discussion, the Commission approved the development plan. The approval was granted subject to conditions that had been outlined by staff in their review of the proposal. These staff-recommended conditions were incorporated as requirements for the project's implementation.

The approval allows the developer to proceed with the revised parking and circulation design for Lot A-19 within the Man O' War Development, Unit 2-A, provided they comply with all specified conditions established by the planning staff.

PLAN 2008-27F: BLUESKY INDUSTRIAL ESTATE, TRACT B, BLOCK B, LOT 2 AND LEDFORD SE

The Commission reviewed and discussed Plan 2008-27F for the Bluesky Industrial Estate development, specifically covering Tract B, Block B, Lot 2 and the Ledford Sebastian Property. John McClure served as a key speaker during the presentation of this agenda item.

The plan underwent review by Commission staff, who compiled a list of conditions that would need to be satisfied for approval. These conditions included obtaining various approvals from county engineers and planners to ensure the development met all regulatory requirements and standards.

Following the presentation and discussion of the staff recommendations, the Commission voted to approve Plan 2008-27F. The approval was granted subject to the conditions outlined by staff, which included the necessary engineering and planning approvals from county departments.

The conditional approval allows the Bluesky Industrial Estate development to proceed once all specified requirements are met, ensuring compliance with local development standards and regulations for the industrial property.

PLAN 2006-215F: B.M. COLE ESTATES AND W.M. SHELY SUBDIVISION, UNIT 2

The Commission reviewed Plan 2006-215F for B.M. Cole Estates and W.M. Shely Subdivision, Unit 2 during the March 13, 2008 meeting. John McClure served as the key speaker presenting this subdivision plan to the Commission.

The plan represented a reapproval of a previously reviewed subdivision project. Rather than starting the approval process from the beginning, the Commission considered reapproving the plan subject to the same conditions that had been established in the original approval.

The conditions for reapproval included obtaining various required approvals from county engineers and planners. These technical approvals are standard requirements for subdivision developments to ensure compliance with county engineering standards, infrastructure requirements, and planning regulations.

No significant concerns or debate were raised during the discussion of this agenda item. The reapproval process appeared to be routine, with the subdivision plan having previously met the Commission's standards and requirements.

The Commission approved Plan 2006-215F for B.M. Cole Estates and W.M. Shely Subdivision, Unit 2, subject to the previous conditions. This approval allows the subdivision development to proceed once all required county engineer and planner approvals are obtained.

The straightforward nature of this reapproval suggests the original plan had been well-prepared and met county standards, requiring only updated approvals from relevant county departments before development could continue.

DP 2008-26: HAMBURG PLACE MALL, UNIT 2, LOT B-4

The Commission reviewed a development plan for Hamburg Place Mall to add 8,500 square feet of buildable area and revise the associated parking for Lot B-4. Tony Barrett served as a key speaker during the discussion of this agenda item.

The proposal involved modifications to an existing commercial development at Hamburg Place Mall, specifically targeting Unit 2 on Lot B-4. The plan called for expanding the buildable area by 8,500 square feet, which would require corresponding adjustments to the parking configuration to accommodate the additional commercial space.

Staff had prepared conditions for approval of the development plan, which were presented to the Commission for consideration. The conditions were designed to ensure the expansion would meet applicable development standards and requirements.

Following review and discussion, the Commission approved the development plan. The approval was granted subject to the conditions that had been outlined by staff, ensuring that the additional buildable area and revised parking arrangements would comply with municipal standards and regulations.

The approval allows the Hamburg Place Mall development to proceed with the planned expansion of Unit 2 on Lot B-4, adding the requested 8,500 square feet of buildable area along with the necessary parking modifications to support the increased commercial space.

DP 2008-20: THE LANDINGS

The Commission reviewed development plan DP 2008-20 for The Landings project during the March 13, 2008 meeting. Gary Roland served as a key speaker for this agenda item.

The proposal involved adding seven two-bedroom units to the development along with associated off-street parking facilities. Staff had prepared revised conditions for the project that were presented to the Commission for consideration.

Following discussion of the development plan, the Commission voted to approve DP 2008-20: The Landings. The approval was granted subject to the revised conditions that had been outlined by staff during the presentation.

The seven additional two-bedroom units and parking improvements were deemed acceptable under the modified terms presented to the Commission. No significant opposition or concerns were noted in the available meeting records for this development proposal.

PLAN 2008-26F: THE GLEN AT LOCHDALE, UNIT 1, BLOCK C, LOT 1

The Commission considered a reapproval of Plan 2008-26F for The Glen at Lochdale, Unit 1, Block C, Lot 1. The primary purpose of this reapproval was to modify the detention basin maintenance responsibility note on the development plan.

Rory Kahly served as the key speaker presenting this item to the Commission. The discussion focused on updating the maintenance responsibility designation for the detention basin associated with this residential development.

The Commission approved the plan reapproval, subject to conditions that had been outlined by staff. These staff-recommended conditions were incorporated into the approval to ensure proper oversight and compliance with municipal requirements for the detention basin maintenance modifications.

The approval allows the development to proceed with the revised maintenance responsibility structure for the stormwater detention facilities, providing clarity on ongoing maintenance obligations for this portion of The Glen at Lochdale subdivision.

DP 2008-30: MANCHESTER DEVELOPMENT, LLC

The Commission reviewed and approved a development plan for Manchester Development, LLC to modify an existing industrial mixed-use development. The proposal included adding an existing building to the development, incorporating additional off-street parking facilities, and establishing the boundaries for a future Phase 2 expansion.

Key speakers during the discussion included Clive Pohl and Barry McNeese, who presented details of the proposed modifications to the development plan. The presentation covered the integration of the existing structure into the overall development scheme and the parking improvements designed to support the expanded facility.

Staff had prepared a comprehensive review of the proposal and recommended approval contingent upon specific conditions being met by the developer. These conditions were designed to ensure the development would comply with local zoning requirements and development standards.

Following the presentation and discussion of the proposal's merits, the Commission voted to approve DP 2008-30. The approval was granted subject to the conditions outlined in the staff report, which the developer will need to satisfy as part of the implementation process.

The approved plan allows Manchester Development, LLC to proceed with incorporating the existing building into their industrial mixed-use development, implement the proposed parking improvements, and establish the framework for future Phase 2 development activities. This approval represents a step forward in the ongoing development of the industrial mixed-use project.

BOAR-2007-3: Appeal by Alan Foster

The Commission considered an appeal by Alan Foster regarding the denial of a Certificate of Appropriateness for a deck at 129 Ransom Avenue. The appeal was designated as case BOAR-2007-3.

Key speakers during the discussion included Jim Amato and Alan Foster, who presented their positions on the matter. The appeal centered on a deck that had been constructed at the property, with the original Certificate of Appropriateness application having been denied by the Board of Architectural Review.

Foster sought to overturn the denial and obtain approval for the deck to remain as built. The discussion involved review of the deck's design, construction, and compliance with applicable standards for the historic district.

Following deliberation, the Commission voted to approve the appeal. This decision effectively overturned the Board of Architectural Review's original denial and granted permission for the deck at 129 Ransom Avenue to remain as constructed.

The approval of the appeal resolved the matter in Foster's favor, allowing the existing deck structure to stay in place without requiring modifications or removal.