Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on July 12, 2018, at 1:32 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with William Wilson presiding as the meeting officer. The commission addressed five agenda items during the session, all of which were approved, including four amendment requests (AMD) for various development projects and one plat revocation matter. The meeting included consideration of development amendments for Lakeview Estates Units 2B & 2E, Chesapeake Equine, Sunny Slope Unit 1-A, and the Rice, Brent & Hafley Property (The Human Bean), as well as the Mary Jane Gallaher Plat Revocation. Throughout the proceedings, the commission conducted nine motions and votes while hearing five public comments from community members regarding the proposed developments and planning matters.

Attendance

The following members were present at the July 12, 2018 meeting:

• Headley Bell
• Will Berkley
• Patrick Brewer
• Karen Mundy
• Mike Owens
• Carolyn Plumlee
• Frank Penn
• William Wilson

Absent: • Larry Forester

No members arrived late to the meeting. Eight of nine members were in attendance.

Votes and Decisions

The commission conducted nine votes during the July 12, 2018 meeting, with all motions passing unanimously with 8 members present.

Minutes Approval 0:00 Carolyn Plumlee motioned to approve the June 14, 2018 minutes, seconded by Karen Mundy. The motion passed unanimously 8-0.

PLAN 78-253F Postponement Request 10:00 Carolyn Plumlee motioned to deny the postponement request for the Mary Jane Gallaher plat revocation, seconded by Frank Penn. The motion passed unanimously 8-0.

PLN-MJSUB-18-00017 Postponement 20:00 Mike Owens motioned to postpone the Eastland Parkway Subdivision to August 9, 2018, seconded by Patrick Brewer. The motion passed unanimously 8-0.

PLN-MJDP-18-00047 Withdrawal 25:00 Frank Penn motioned to withdraw the Cave Hill Place Townhomes amendment, seconded by Carolyn Plumlee. The withdrawal was approved unanimously 8-0.

Consent Agenda 30:00 Karen Mundy motioned to approve the consent agenda with findings on access easement for Lakeview Estates, seconded by Headley Bell. The motion passed unanimously 8-0.

PLN-MJDP-18-00052 Amendment 40:00 Mike Owens motioned to approve the Rice, Brent & Hafley Property (The Human Bean) amendment with 14 conditions as identified by staff, seconded by Carolyn Plumlee. The motion passed unanimously 8-0.

PLAN 78-253F Revocation 50:00 Will Berkley motioned to revoke the Mary Jane Gallaher plat due to court order, seconded by Karen Mundy. The motion passed unanimously 8-0.

Officer Elections 60:00 Mike Owens motioned to elect commission officers, seconded by Patrick Brewer. The motion passed unanimously 8-0, electing William Wilson as Chairperson, Frank Penn as Vice Chairperson, Carolyn Plumlee as Secretary, and Karen Mundy as Parliamentarian.

Secretary Delegation 65:00 Karen Mundy motioned to delegate the Secretary's duties to the Director of Planning, seconded by Mike Owens. The motion passed unanimously 8-0.

Public Comment

Five speakers addressed the commission during the public comment period, primarily requesting postponements or withdrawals of agenda items.

Wayne Collier 10:00 requested a one-month postponement for the Mary Jane Gallaher plat to allow additional time to gather more information and documents regarding the property's history.

Bruce Simpson 15:00 spoke in opposition to the postponement request for the Mary Jane Gallaher plat. Simpson argued that the Planning Commission should comply with a 1983 court decision requiring the reversal of the property's subdivision.

Fred Eastridge 20:00 requested a one-month postponement for the Eastland Parkway Subdivision. Eastridge stated he needed additional time to continue working on securing an access easement to the adjacent property.

Matt Carter 25:00 requested the withdrawal of the Cave Hill Place Townhomes amendment from consideration. Carter explained that his client was no longer seeking to relocate the access point for the development.

Ben Blyton 40:00 commented on the Rice, Brent & Hafley Property development, also known as The Human Bean project. Blyton expressed satisfaction with the proposed development plan and praised the notification process that would inform the public of any future changes to the project.

The public comments focused primarily on procedural requests for postponements and withdrawals, with only one speaker addressing opposition to a postponement based on legal precedent, and one speaker expressing support for a proposed development.

Appointments

The meeting included several reappointments to key leadership positions. Four individuals were reappointed to their respective roles:

• William Wilson was reappointed as Chairperson
• Frank Penn was reappointed as Vice Chairperson
• Carolyn Plumlee was reappointed as Secretary
• Karen Mundy was reappointed as Parliamentarian

All four appointments involved reappointments of existing officeholders to continue serving in their current leadership capacities.

Contested Items

The primary contested item at this meeting involved the Mary Jane Gallaher Plat Revocation, which centered on a procedural dispute regarding the Planning Commission's authority to revoke a plat based on a 1983 court order.

The disagreement focused on whether the Planning Commission should proceed with revoking the plat in question. Two opposing parties presented arguments to the commission:

• Estate's attorney - Represented the interests of the Mary Jane Gallaher estate and argued against the plat revocation
• Northside Neighborhood Association - Advocated for the plat revocation to move forward

The dispute appeared to stem from differing interpretations of a court order from 1983 and its implications for the current plat status. The nature of the disagreement was primarily procedural, suggesting the parties disagreed on the proper legal process or authority for handling the plat revocation rather than the underlying merits of the case itself.

Both sides presented their positions to the Planning Commission, with the estate's legal representation likely arguing that the commission lacked authority or proper grounds for revocation, while the neighborhood association presumably contended that the 1983 court order provided sufficient basis for the commission to act.

The extracted data does not indicate the final outcome or resolution of this contested matter, suggesting the commission may have taken the issue under advisement or deferred a decision to a future meeting.

Lakeview Estates, Units 2B & 2E (AMD)

30:00

The Planning Commission reviewed PLAN 2013-64F, an amendment for Lakeview Estates Units 2B & 2E. The proposal involves subdividing one existing lot into eight separate lots within the development.

Jim Duncan served as a key speaker during the discussion of this agenda item. The amendment represents a modification to a plan that the Planning Commission had originally approved in 2013. The applicant returned to request reapproval of the subdivision plan after the initial approval period.

The subdivision would create eight individual lots from what is currently a single parcel within the Lakeview Estates development. This type of amendment typically involves reviewing updated site plans, ensuring compliance with current zoning requirements, and confirming that infrastructure and utilities can adequately serve the increased number of lots.

The Planning Commission approved the amendment, allowing the applicant to proceed with the subdivision of the lot into eight separate parcels. This approval enables the development to move forward with the revised lot configuration within Units 2B and 2E of the Lakeview Estates project.

The reapproval process ensures that the subdivision plan continues to meet current planning standards and development requirements, even though the original concept was approved several years earlier in 2013.

Chesapeake Equine (AMD)

30:00

The commission reviewed agenda item PLN-MJDP-18-00050, an amendment for Chesapeake Equine. Jim Duncan presented the proposal, which seeks to add a picnic shelter to the property and increase the lot coverage by 390 square feet.

The amendment represents a relatively minor modification to the existing development plan. The addition of the picnic shelter would provide recreational amenities while the associated increase in lot coverage remains modest at 390 square feet.

The Subdivision Committee had previously reviewed this amendment and recommended approval to the full commission. No significant concerns or objections were raised during the discussion of this item.

The commission approved the Chesapeake Equine amendment as presented.

Sunny Slope, Unit 1-A (AMD)

30:00

The commission reviewed agenda item PLN-MJDP-18-00051, an amendment for Sunny Slope, Unit 1-A. Jim Duncan served as the key speaker presenting the proposed changes to the development plan.

The amendment requested several modifications to the existing approved development:

• Increase lot coverage by 250 square feet to accommodate a new storage building
• Addition of four carports to the site
• Revision of the current parking layout
• Reflection of the release of the sanitary sewer force main easement

Duncan presented the details of how these changes would affect the overall site plan and explained the rationale behind each proposed modification. The storage building addition would provide necessary utility space for the development, while the four new carports would enhance parking convenience for residents.

The parking layout revision was designed to optimize traffic flow and accessibility throughout the development. The release of the sanitary sewer force main easement represented an administrative update to reflect current utility arrangements on the property.

Following the presentation and discussion, the commission approved the amendment. The approval allows the developer to proceed with the proposed 250 square foot lot coverage increase, construct the four additional carports, implement the revised parking configuration, and formalize the sanitary sewer easement release.

This amendment represents a relatively minor adjustment to the existing Sunny Slope, Unit 1-A development plan, focusing primarily on enhanced storage and parking amenities for residents while maintaining compliance with local development standards.

Rice, Brent & Hafley Property (The Human Bean) (AMD)

40:00

The planning commission reviewed agenda item PLN-MJDP-18-00052, an amendment for the Rice, Brent & Hafley Property designated for The Human Bean development. The amendment was proposed to formally denote the redevelopment of the property.

Key speakers during the discussion included Cheryl Gallt and Richard Murphy, who presented details about the proposed amendment and redevelopment plans for the site.

The item had previously been reviewed by the Subdivision Committee, which recommended approval of the amendment with specific conditions attached. The committee's recommendation provided the foundation for the planning commission's consideration of the proposal.

The amendment represents a formal step in the redevelopment process for the property, which is planned to house The Human Bean, a coffee shop chain. The redevelopment amendment allows for the necessary changes to the property designation to accommodate the new commercial use.

Following discussion of the amendment details and review of the Subdivision Committee's recommendations and conditions, the planning commission approved the Rice, Brent & Hafley Property amendment. The approval moves the project forward in the development process, subject to the conditions established by the Subdivision Committee.

The approval of PLN-MJDP-18-00052 clears a regulatory hurdle for The Human Bean development, allowing the redevelopment plans to proceed under the amended property designation and established conditions.

Mary Jane Gallaher Plat Revocation

50:00

The Planning Commission considered the revocation of plat PLAN 78-253F, known as the Mary Jane Gallaher Plat, during their discussion of this agenda item.

The primary issue centered on a 1983 court order that reversed the subdivision of the property, creating a legal basis for revoking the original plat approval. Key speakers during the discussion included Tracy Jones, Wayne Collier, and Bruce Simpson, who presented information and participated in the deliberation process.

The commission examined the legal implications of the decades-old court ruling and its impact on the current status of the subdivision plat. The 1983 court order effectively nullified the original subdivision approval, making the plat revocation a necessary administrative action to align the official records with the legal reality established by the court.

After considering the presented information and legal requirements, the Planning Commission approved the revocation of the Mary Jane Gallaher Plat. This action formally removes the subdivision approval from the official records, bringing the plat status into compliance with the 1983 court order that had previously reversed the subdivision of the property.

The approval of this revocation represents the commission's effort to maintain accurate and legally compliant planning records by addressing a longstanding discrepancy between the official plat records and the court-ordered reversal of the subdivision.