Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on May 11, 2017, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Bill Wilson presiding as chair. The commission addressed 11 agenda items during the session, taking a total of 12 votes on various development proposals and zoning matters throughout the city. No public comments were heard during this meeting.

The commission's work resulted in mixed outcomes for the development projects under consideration. Three items received approval: Fritz Farm (Summit Lexington) amendment, Beaumont Farm Unit 1 Block B Section 3 Lot 3 (Texas Roadhouse) amendment, and the Old Frankfort Pike Scenic Viewing Area. However, the majority of items faced delays, with six proposals being postponed including Reserve at Walnut Grove, Ethington & Ethington Property Tract 1, South Broadway Place (Phases IIA & III) Lynn Grove Addition amendment, two separate RML-Citation (Hillenmeyer Interest, Ltd.) items, and the KMJR, LLC zone map amendment. One item, the Lexington Mall (CrossFit Maximus) amendment #21, was withdrawn from consideration, while the Ellerslie Place Lots 2 & 2A (The Midlands) amendment was tabled for future discussion.

The meeting demonstrated the commission's careful deliberation process, with more items requiring additional time for review than receiving immediate approval, reflecting the complex nature of urban development planning in Lexington.

Attendance

All members were present at the meeting held on May 11, 2017.

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

Absent: None

Late: None

Votes and Decisions

The commission conducted 12 votes during the May 11, 2017 meeting, with all 11 members present and participating.

Administrative Items The meeting began with unanimous approval of the April 13, 2017 meeting minutes 0:30, motioned by Carolyn Plumlee and seconded by Karen Mundy.

Withdrawals and Postponements Several items were removed from consideration. PLN-MJDP-17-00006 (LEXINGTON MALL CROSSFIT MAXIMUS AMD #21) was unanimously withdrawn 1:30 on motion by Mike Owens, seconded by Karen Mundy.

Six items were postponed unanimously: - PLN-MNDP-17-00022 (RESERVE AT WALNUT GROVE) 3:00, with the condition of posting signage on the property - PLN-MJDP-17-00015 (ETHINGTON & ETHINGTON PROPERTY, TRACT 1) 5:00 - DP 2014-64 (SOUTH BROADWAY PLACE PHASES IIA & III) 7:00 - PLN-MJSUB-17-00026 (RML-CITATION HILLENMEYER INTEREST) 9:00 - PLN-MJDP-17-00042 (RML-CITATION HILLENMEYER INTEREST) 11:00 - PLN-MAR-17-00018 (KMJR, LLC zone map amendment) 13:00

Approvals PLN-MJSUB-17-00024 (FRITZ FARM SUMMIT LEXINGTON AMD) passed unanimously 15:00 on motion by Patrick Brewer, subject to agenda conditions.

PLN-MJDP-17-00029 (BEAUMONT FARM TEXAS ROADHOUSE AMD) passed 6-4 17:00 on motion by Mike Cravens. Voting yes: Wilson, Richardson, Mundy, Smith, Drake, and Cravens. Voting no: Plumlee, Berkley, Owens, and Penn. The approval included 19 staff conditions.

PFR 2017-3 (OLD FRANKFORT PIKE SCENIC VIEWING AREA) passed 9-2 21:00 on motion by Mike Owens. Frank Penn and Mike Cravens voted against the proposal, which was approved subject to design feature review.

Continuances PLN-MJDP-17-00043 (ELLERSLIE PLACE THE MIDLANDS AMD) was continued to June 8, 2017 by a 10-0 vote 19:00, with Mike Cravens absent for this vote.

Contested Items

Two items generated significant discussion and disagreement during this meeting.

ELLERSLIE PLACE, LOTS 2 & 2A (THE MIDLANDS) (AMD)

This subdivision amendment faced a procedural dispute that resulted in the item being tabled. The primary concern centered on the absence of the applicant at the Subdivision Committee meeting, which raised questions about proper process and representation. Council members expressed concerns about moving forward with deliberations when the applicant was not present to address questions or provide clarification on the proposal. The procedural nature of this dispute led to the decision to postpone consideration of the item until proper representation could be ensured.

OLD FRANKFORT PIKE SCENIC VIEWING AREA

This proposal for a scenic viewing area along Old Frankfort Pike generated considerable debate before ultimately passing with a 9-2 vote. The split vote reflected divided opinions among council members regarding specific aspects of the project. Concerns were raised about both the design elements of the proposed viewing area and potential safety issues that could arise from its implementation. Despite these reservations expressed by some members, the majority of the council supported moving forward with the scenic viewing area project.

The 9-2 vote margin indicates that while there was opposition, a substantial majority of council members felt the benefits of the scenic viewing area outweighed the concerns raised during discussion. The safety and design issues that prompted the dissenting votes were not sufficient to derail the project, though they likely influenced the final implementation requirements or conditions attached to the approval.

Both contested items highlight different types of challenges that can arise in municipal planning processes - procedural issues that can delay consideration and substantive policy disagreements that result in split votes among elected officials.

LEXINGTON MALL (CROSSFIT MAXIMUS) (AMD #21)

1:30

The agenda item PLN-MJDP-17-00006 regarding the Lexington Mall (CrossFit Maximus) Amendment #21 was withdrawn by the applicant before discussion could take place.

Rich Murphy addressed the withdrawal during the meeting. The proposed amendment would have added 20,000 square feet of buildable area to the existing development and revised the parking requirements for the project.

No debate or discussion occurred regarding the merits of the amendment since the applicant chose to withdraw the item prior to presentation. The withdrawal meant that the proposed changes to add significant buildable area and modify parking arrangements would not move forward at this time.

The outcome was a formal withdrawal of the application, removing it from further consideration by the planning body.

RESERVE AT WALNUT GROVE

3:00

The Planning Commission considered agenda item PLN-MNDP-17-00022 regarding the Reserve at Walnut Grove development. Rory Kahly served as a key speaker during the discussion.

The primary issue addressed was a significant change to the development's trail system. The trail system currently proposed differs substantially from what the Planning Commission approved for this development approximately ten years ago. This discrepancy between the original approval and the current proposal became a focal point of the discussion.

Before detailed consideration of the trail system changes could proceed, the applicant requested a one-month postponement of the agenda item. The Commission granted this request, allowing additional time for the applicant to address the concerns or provide further clarification on the proposed modifications.

The postponement provides an opportunity for the applicant to reconcile the differences between the originally approved trail system and the current proposal, or to provide justification for the substantial changes that have been made to this aspect of the development plan.

The item will return to the Planning Commission for consideration at a future meeting, giving all parties time to prepare for a more comprehensive review of the modified trail system proposal.

ETHINGTON & ETHINGTON PROPERTY, TRACT 1

5:00

The Planning Commission considered agenda item PLN-MJDP-17-00015 regarding the Ethington & Ethington Property, Tract 1 development proposal.

Nick Nicholson, representing the applicant, addressed the commission and requested a one-month postponement of the item. The postponement was sought to allow additional time to address outstanding issues with the development proposal.

During the brief discussion, commissioners raised questions about two specific aspects of the project:

• Public infrastructure timing - Concerns were expressed regarding the scheduling and coordination of public infrastructure improvements related to the development

• Tree preservation plan - Questions arose about the adequacy and implementation details of the proposed tree preservation measures for the site

The commission did not engage in extensive debate on the merits of the development proposal itself, given the applicant's request for additional time to address the identified concerns.

Outcome: The commission granted the applicant's request and postponed consideration of PLN-MJDP-17-00015 for one month. This postponement will allow the applicant to work with staff to resolve the questions regarding public infrastructure timing and refine the tree preservation plan before returning to the commission for full consideration of the development proposal.

The item will be rescheduled for a future meeting once the applicant has addressed the outstanding issues and is ready to proceed with the review process.

SOUTH BROADWAY PLACE (PHASES IIA & III), LYNN GROVE ADDITION (AMD)

7:00

The Planning Commission considered agenda item DP 2014-64, an amendment to the South Broadway Place development in the Lynn Grove Addition. The proposed amendment seeks to revise the development of the Lynn Grove Addition Townhouse (R-1T) area and redevelopment of R-4 areas within the Lynn Grove Addition for Phases IIA and III of the South Broadway Place project.

Tony Barrett spoke on behalf of the applicant during the brief discussion of this item. The primary focus of the meeting was a procedural matter rather than substantive review of the development plans.

The applicant requested a two-week postponement of the agenda item to allow adequate time for proper advertising requirements to be met. No detailed presentation of the development amendment was made, nor were there any substantive discussions about the merits of the proposed changes to the townhouse and R-4 residential areas.

The Planning Commission granted the applicant's request for postponement without opposition. The item will return to a future meeting agenda once the proper advertising procedures have been completed, allowing for full public notice and review of the proposed amendments to the South Broadway Place development phases.

RML-CITATION (HILLENMEYER INTEREST, LTD.)

9:00

The Planning Commission considered agenda item PLN-MJSUB-17-00026, a development proposal by Hillenmeyer Interest, Ltd. Matt Carter served as a key speaker during the discussion of this item.

The applicant requested a one-month postponement of the review process. Staff expressed ongoing concerns regarding two critical aspects of the development proposal:

• Infrastructure timing and provision: Staff raised issues about when and how the required public infrastructure would be delivered as part of the development

• Missing documentation: The required 30% Infrastructure Report had not yet been submitted by the applicant, representing a significant gap in the review materials

These staff concerns highlighted fundamental questions about the project's readiness for commission review and the developer's ability to meet municipal infrastructure requirements. The absence of the 30% Infrastructure Report was particularly notable, as this document typically provides essential details about proposed utilities, roads, and other public improvements necessary for the development.

Given the applicant's postponement request and the outstanding issues identified by staff, the Planning Commission agreed to postpone consideration of the RML-Citation proposal. This postponement allows the applicant additional time to address the infrastructure concerns and submit the required 30% Infrastructure Report before returning to the commission for review.

The postponement ensures that when the item returns for consideration, the commission will have complete documentation and staff will have had adequate time to review all infrastructure-related aspects of the proposal.

RML-CITATION (HILLENMEYER INTEREST, LTD.)

11:00

The Planning Commission considered agenda item PLN-MJDP-17-00042, a development proposal submitted by Hillenmeyer Interest, Ltd.

Matt Carter addressed the commission regarding this item. The applicant requested a one-month postponement of the consideration of their proposal.

Prior to the meeting, the Subdivision Committee had reviewed the application and recommended approval, subject to conditions. However, the postponement request took precedence over moving forward with the committee's recommendation at this time.

The commission granted the applicant's request for postponement. The item was deferred for one month, allowing the applicant additional time to address any outstanding issues or concerns before returning to the Planning Commission for consideration.

No substantive discussion of the merits of the development proposal occurred during this meeting due to the postponement request. The specific conditions recommended by the Subdivision Committee were not detailed in the proceedings, as the item will be revisited at a future meeting when the applicant is ready to proceed.

KMJR, LLC zone map amendment

13:00

The planning commission considered agenda item PLN-MAR-17-00018, a zone map amendment request submitted by KMJR, LLC. However, the item did not proceed to full discussion due to a procedural issue identified by planning staff.

Traci Wade, representing the planning staff, requested that the commission postpone consideration of the zone map amendment. Wade explained that staff needed additional time to ensure proper zone change posting had been completed at the subject property, which is a required step in the zone amendment process.

The postponement request was made to allow staff to fulfill the proper notification and posting requirements before the commission could move forward with reviewing the merits of the proposed zone change. This type of procedural postponement is standard practice when administrative requirements have not been fully satisfied prior to a scheduled hearing.

The applicant, KMJR, LLC, was present and agreed to staff's request for postponement. No objections were raised to delaying consideration of the zone map amendment until the proper posting procedures could be completed.

The commission accepted the staff recommendation and postponed the item without further discussion of the substance of the proposed zone change. The postponement allows staff to complete the necessary administrative steps while ensuring the application process follows proper legal procedures for zone map amendments.

FRITZ FARM (SUMMIT LEXINGTON) (AMD)

15:00

The Planning Commission reviewed agenda item PLN-MJSUB-17-00024, an amendment to the Fritz Farm (Summit Lexington) development. The purpose of this amendment was to subdivide a portion of Tract A to create a separate tract (Tract F) designated for hotel development.

Bill Sallee presented the proposal to the commission. The amendment involved reconfiguring the existing tract boundaries within the Fritz Farm development to accommodate the planned hotel use on the newly created Tract F.

The Subdivision Committee had previously reviewed this amendment and recommended approval, subject to specific conditions. The commission considered the committee's recommendation and the technical aspects of the subdivision amendment.

The Planning Commission approved the Fritz Farm amendment, allowing the subdivision of Tract A to proceed with the creation of Tract F for hotel development. The approval was granted subject to the conditions recommended by the Subdivision Committee.

BEAUMONT FARM, UNIT 1, BLK B, SEC. 3, LOT 3 (TEXAS ROADHOUSE) (AMD)

17:00

The commission considered agenda item PLN-MJDP-17-00029, an amendment for Beaumont Farm, Unit 1, Block B, Section 3, Lot 3, which involves a Texas Roadhouse development. The purpose of this amendment was to add buildable area to the existing development plan.

Chris Bronczyk served as the key speaker for this item, presenting the amendment request to the commission members.

The item had previously been reviewed by the Subdivision Committee, which recommended postponement due to no representation at their meeting. Despite this committee recommendation, staff provided their own analysis and recommended approval of the amendment with 19 conditions attached.

The commission ultimately approved the amendment, overriding the Subdivision Committee's postponement recommendation in favor of the staff recommendation. The approval came with the 19 conditions as outlined by staff, which would govern the additional buildable area being added to the Texas Roadhouse development site.

This amendment represents a modification to an existing development plan rather than a new project, specifically focused on expanding the developable area within the designated lot in the Beaumont Farm subdivision.

ELLERSLIE PLACE, LOTS 2 & 2A (THE MIDLANDS) (AMD)

19:00

The planning committee reviewed agenda item PLN-MJDP-17-00043, an amendment for Ellerslie Place development in The Midlands area involving Lots 2 and 2A.

Chris Bronczyk presented the proposed amendment, which seeks to make several significant changes to the previously approved development plan. The amendment would increase the unit size while decreasing the total number of units on Lot 2. Conversely, the proposal calls for increasing the number of units on Lot 2A.

The amendment also includes a revised site layout for the proposed attached single family residential development planned for lots 32-48. Additionally, the proposal encompasses a commercial/apartment development component on the proposed Lot 2A.

These changes represent a substantial modification to the original development concept, affecting both the residential density and the overall site configuration. The amendment appears to redistribute units between the two lots while also incorporating mixed-use elements through the commercial/apartment component.

Following the presentation and discussion, the committee decided to table the item rather than proceed with a decision at this meeting. This outcome suggests that additional information, review, or consideration may be needed before the amendment can be approved or denied.

The tabling of this significant development amendment indicates the committee's need for further deliberation on the proposed changes to unit distribution, site layout, and the introduction of commercial elements to what was previously planned as a residential development.

OLD FRANKFORT PIKE SCENIC VIEWING AREA

21:00 The meeting addressed proposal PFR 2017-3 for the Old Frankfort Pike Scenic Viewing Area project. Casey Kaucher presented the proposal to design and build a visitor viewing area at the beginning of the Old Frankfort Pike Scenic Byway.

The project aims to create a designated space where visitors can stop and appreciate the scenic qualities of the byway before continuing their journey. Staff provided a recommendation for approval of the proposal, indicating general support for the concept and its potential benefits for tourism and visitor experience along the scenic route.

However, staff noted that the design features of the proposed viewing area would require a second review. This suggests that while the overall concept was deemed acceptable, specific elements of the design needed further consideration or refinement before final implementation could proceed.

The proposal was approved by the meeting participants, allowing the project to move forward with the understanding that design details would be revisited in subsequent reviews. This approval represents support for enhancing visitor amenities along Old Frankfort Pike while ensuring that the final design meets appropriate standards and requirements.