Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on November 8, 2018, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Chairman Wilson presiding. The commission addressed 10 agenda items during the session, taking 10 votes on various planning and development matters throughout the meeting. One public comment was heard during the proceedings.

The commission accomplished several key actions, including approval of meeting minutes, performance bonds and letters of credit, and the consent agenda. Four development projects were postponed: Leestown Industrial Park Unit 3, Willow Oak Shopping Center (Millpond Center), Blackford Property Phase 3, and Distillery District - West Unit 1. The commission approved two development applications - one for Covenant Church, Inc. (Milk & Honey Daycare/Preschool) and another for Community Ventures Properties. However, the application for Zandale Shopping Center & Greenleaf Motor Lodge Properties was denied.

The meeting demonstrated typical planning commission business with a mix of routine administrative matters, postponements of development projects, and substantive review of new development proposals, resulting in both approvals and denials based on the commission's evaluation of the applications presented.

Attendance

Present: • William Wilson • Headley Bell • Will Berkley • Larry Forester • Karen Mundy • Bruce Nicol • Mike Owens • Carolyn Plumlee

Absent: • Frank Penn • Patrick Brewer

Late: None

Eight members were present for the November 8, 2018 meeting, with two members absent and no late arrivals recorded.

Votes and Decisions

The commission took action on ten items during the November 8, 2018 meeting, with all eight members present and voting on most matters.

Administrative Items The commission unanimously approved the corrected minutes from the September 27, 2018 meeting on a motion by Carolyn Plumlee, seconded by Karen Mundy 0:00. They also unanimously approved items on the Consent Agenda on a motion by Larry Forester, seconded by Mike Owens 5:00, and unanimously approved the release and call of bonds as detailed in staff memorandum on a motion by Mike Owens, seconded by Karen Mundy 6:00.

Postponements Four development projects were unanimously postponed: • PLN-MJDP-18-00081 (LEESTOWN INDUSTRIAL PARK, UNIT 3) on motion by Mike Owens, seconded by Larry Forester 1:00 • PLN-MJDP-18-00075 (WILLOW OAK SHOPPING CENTER/MILLPOND CENTER) on motion by Karen Mundy, seconded by Carolyn Plumlee 2:00 • PLN-MJDP-18-00076 (BLACKFORD PROPERTY, PHASE 3) on motion by Larry Forester, seconded by Carolyn Plumlee 3:00 • PLN-MJDP-18-00090 (DISTILLERY DISTRICT - WEST, UNIT 1) on motion by Carolyn Plumlee, seconded by Karen Mundy 4:00

Development Applications PLN-MJDP-17-00070 (ZANDALE SHOPPING CENTER & GREENLEAF MOTOR LODGE PROPERTIES) failed on a motion for disapproval by Carolyn Plumlee, seconded by Karen Mundy, with a 4-4 tie vote 7:00. Voting for disapproval: William Wilson, Headley Bell, Karen Mundy, and Carolyn Plumlee. Voting against: Will Berkley, Larry Forester, Bruce Nicol, and Mike Owens.

PLN-MJDP-18-00069 (COVENANT CHURCH, INC/MILK & HONEY DAYCARE/PRESCHOOL) was approved with 15 staff conditions on a motion by Mike Owens, seconded by Karen Mundy, passing 5-3 8:00. Voting for approval: William Wilson, Headley Bell, Karen Mundy, Carolyn Plumlee, and Mike Owens. Voting against: Will Berkley, Larry Forester, and Bruce Nicol.

PLN-MJDP-16-00055 (COMMUNITY VENTURES PROPERTIES) was reapproved with 19 conditions plus an additional landscaping condition on a motion by Mike Owens, seconded by Larry Forester, passing 7-0 with one abstention 9:00. Larry Forester abstained from voting.

Public Comment

During the public comment period, one resident addressed the board with concerns about local traffic safety.

7:00 Barbara Grunell spoke about traffic concerns on Lowry Lane. She expressed specific worries about traffic patterns and safety issues in the area, particularly as they relate to a proposed drive-through facility at Zandale Shopping Center. Grunell's comments focused on how the new drive-through could potentially impact existing traffic flow and create safety hazards for residents and drivers using Lowry Lane.

Appointments

The meeting included one appointment action during the proceedings.

Graham Poll was appointed to the Planning Commission.

The appointment represents the city's ongoing effort to maintain full membership on its various boards and commissions. The Planning Commission plays a key role in reviewing development proposals, zoning matters, and land use planning within the city's jurisdiction.

No additional details were provided in the available meeting materials regarding Poll's background, qualifications, or the term length of the appointment. The appointment action was completed during the meeting session.

Contested Items

The commission faced one contested item during the November 8, 2018 meeting that resulted in a split decision.

Zandale Shopping Center & Greenleaf Motor Lodge Properties

The primary point of contention involved a proposed amendment to remove a note that restricted drive-through lanes for fast food restaurants at the Zandale Shopping Center and Greenleaf Motor Lodge properties. The commission was evenly divided on whether to approve the disapproval of this amendment, ultimately resulting in a 4-4 vote.

The split vote indicates significant disagreement among commissioners regarding the appropriateness of allowing drive-through facilities at these locations. The tie vote meant that no clear decision was reached on the matter, leaving the status of the drive-through restriction unchanged.

The even division suggests that commissioners had differing views on factors such as traffic impact, community needs, zoning consistency, or other planning considerations related to fast food drive-through operations at these specific properties. Without a majority decision in either direction, the original restrictions on drive-through lanes remained in place.

*Note: Specific transcript timestamps were not available in the provided data for this contested item.*

Approval of Minutes

0:00

The commission reviewed and approved the minutes from their September 27, 2018 meeting. The discussion involved corrections to the previously distributed minutes.

Key speakers during this agenda item included Carolyn Plumlee and Karen Mundy, who participated in the review process for the corrected minutes.

The commission ultimately approved the corrected minutes of the September 27, 2018 meeting following their discussion.

Postponement of LEESTOWN INDUSTRIAL PARK, UNIT 3

1:00

The commission considered agenda item PLN-MJDP-18-00081 regarding the postponement of LEESTOWN INDUSTRIAL PARK, UNIT 3. Matt Carter served as the key speaker for this discussion item.

The commission discussed the need to postpone consideration of the Leestown Industrial Park, Unit 3 development to provide the applicant with additional time to address outstanding concerns that had been raised during the review process. The postponement was presented as necessary to allow for proper resolution of these issues before the commission could move forward with its evaluation.

Following the discussion, the commission approved the postponement request. This decision will give the applicant the opportunity to work through the identified concerns and return to the commission at a future meeting with a revised or supplemented application.

The postponement represents a standard procedural step in the development review process when additional time is needed to address technical or regulatory issues before final consideration by the planning commission.

Postponement of WILLOW OAK SHOPPING CENTER (MILLPOND CENTER)

2:00

The commission considered agenda item PLN-MJDP-18-00075 regarding the Willow Oak Shopping Center, also known as Millpond Center. Rory Kahly served as the key speaker for this discussion item.

The commission discussed and ultimately approved the postponement of the Willow Oak Shopping Center project. The postponement was granted to provide the applicant with additional time to address concerns that had been raised regarding the development proposal.

The outcome of the discussion was the formal postponement of the project, allowing the applicant more time to work on resolving the identified issues before returning to the commission for further consideration.

Postponement of BLACKFORD PROPERTY, PHASE 3

3:00

The commission considered agenda item PLN-MJDP-18-00076 regarding the postponement of BLACKFORD PROPERTY, PHASE 3.

Rory Kahly served as the key speaker during this discussion item. The commission deliberated on whether to grant additional time for the applicant to address outstanding concerns related to the development project.

Following the discussion, the commission approved the postponement of BLACKFORD PROPERTY, PHASE 3. This decision allows the applicant additional time to resolve issues and address concerns that were identified during the review process before the project returns to the commission for further consideration.

The postponement represents a procedural action to provide the development team with the necessary time to make required adjustments or provide additional information as requested by the commission or staff.

Postponement of DISTILLERY DISTRICT - WEST, UNIT 1

4:00

The commission considered agenda item PLN-MJDP-18-00090, a request for postponement of the DISTILLERY DISTRICT - WEST, UNIT 1 development proposal.

Matt Carter served as the key speaker during the discussion of this postponement request. The commission reviewed the need to delay consideration of this development project to provide the applicant with additional time to address outstanding concerns that had been raised regarding the proposal.

The commission approved the postponement, allowing the applicant extended time to work on resolving the identified issues before bringing the DISTILLERY DISTRICT - WEST, UNIT 1 project back for formal review and consideration at a future meeting.

The outcome was a formal postponement of the agenda item, with the understanding that the applicant would use this additional time to address the concerns that had been raised during the review process.

Consent Agenda

5:00

The commission reviewed and approved the Consent Agenda during the November 8, 2018 meeting. Traci Wade served as the key speaker for this agenda item.

The Consent Agenda contained several development plans that had been recommended for conditional approval. These items were grouped together as routine matters that typically do not require individual discussion or debate, allowing the commission to handle multiple approvals efficiently in a single vote.

The commission discussed the various development plans included in the consent agenda before proceeding with their decision. All items on the Consent Agenda were approved by the commission.

The use of a consent agenda is a common practice in municipal meetings, allowing governing bodies to expedite the approval process for routine or non-controversial items while reserving meeting time for matters requiring more detailed discussion and deliberation.

Performance Bonds and Letters of Credit

6:00

The commission reviewed and discussed performance bonds and letters of credit during this agenda item. Mike Owens presented the matter to the commission for consideration.

The discussion centered on a memorandum dated November 8, 2018, which detailed specific recommendations for the release and call of various bonds. The commission examined the proposals outlined in this memorandum, which provided the basis for their decision-making process.

Following their review and discussion of the bond-related matters, the commission voted to approve the recommendations as presented in the November 8, 2018 memorandum. This approval encompassed both the release of certain performance bonds and the calling of others, as specified in the documentation provided to the commission members.

The agenda item was resolved with the commission's approval of the bond actions detailed in the memorandum.

ZANDALE SHOPPING CENTER & GREENLEAF MOTOR LODGE PROPERTIES

7:00

The commission reviewed agenda item PLN-MJDP-17-00070 regarding proposed amendments to the Zandale Shopping Center & Greenleaf Motor Lodge Properties development plan. The proposal sought to remove a note that restricted the drive-through lane for a fast food restaurant and to relocate both the dumpster and drive-through lane.

Key speakers during the discussion included Tom Martin, Jimmy Emmons, and Casey Kaucher, who presented various aspects of the proposed changes and their implications for the development.

Staff presented their analysis of the amendment request and recommended disapproval of the proposal. The primary concern cited by staff centered on traffic issues that could result from the proposed modifications to the drive-through configuration and its relocation.

The traffic concerns appeared to be the central issue in the commission's deliberations, as the proposed changes to the drive-through lane arrangement could potentially impact traffic flow patterns in and around the shopping center property.

Following discussion of the staff recommendation and consideration of the traffic-related concerns, the commission ultimately denied the proposed amendment. The denial means the existing restrictions on the drive-through lane will remain in place, and the current locations of the dumpster and drive-through facilities will not be modified as requested in the application.

COVENANT CHURCH, INC (MILK & HONEY DAYCARE/PRESCHOOL)

8:00

The commission reviewed agenda item PLN-MJDP-18-00069 regarding Covenant Church, Inc's Milk & Honey Daycare/Preschool facility. The proposal involved an amendment to denote additional building square footage and the addition of a pavilion to the existing property.

Key speakers during the discussion included Mary Pittard and Tom Martin, who presented details about the proposed modifications to the daycare and preschool facility. The amendment would formally recognize expanded building space that would enhance the facility's capacity to serve children in the community.

Staff provided a recommendation for approval of the amendment, contingent upon specific conditions being met. The conditions were designed to ensure the expanded facility would comply with local zoning requirements and safety standards appropriate for a childcare operation.

The commission engaged in discussion about the merits of the proposal, considering factors such as the facility's role in providing essential childcare services and the appropriateness of the proposed changes within the existing zoning framework. The additional square footage and pavilion were viewed as beneficial improvements that would support the daycare and preschool's educational mission.

Following deliberation, the commission voted to approve the amendment with the conditions recommended by staff. This approval allows Covenant Church, Inc to proceed with formalizing the additional building square footage and constructing the pavilion for their Milk & Honey Daycare/Preschool facility, subject to meeting all specified requirements.

COMMUNITY VENTURES PROPERTIES

9:00

The commission reviewed agenda item PLN-MJDP-16-00055 for Community Ventures Properties, which involved the reapproval of a development plan with specific conditions.

Tom Martin served as the key speaker during the discussion of this item. The commission focused on the reapproval process for the Community Ventures Properties development plan, which required certain modifications and enhancements to meet current standards.

The primary conditions for reapproval centered on landscaping improvements in two specific areas: • Enhanced landscaping adjacent to the Town Branch Trail • Improved landscaping around the parking areas

These landscaping requirements were designed to better integrate the development with the surrounding area and improve the visual appeal of the property, particularly where it interfaces with the public trail system.

The commission ultimately approved the reapproval of the Community Ventures Properties plan with the specified landscaping conditions. This approval allows the development to proceed under the updated requirements, ensuring that the enhanced landscaping elements will be incorporated into the final project design.

The discussion appears to have been straightforward, with the focus remaining on the specific landscaping enhancements rather than broader concerns about the development itself. The approval indicates that the commission was satisfied with the proposed conditions and their ability to address any outstanding issues with the original plan.