Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on March 14, 2019, 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 three agenda items during the session, all of which received approval: Tuscany Unit 11 Phase 2, Willow Oak Shopping Center (Millpond Center), and the Hoover and Ford Philpot Evangelistic Association Property. Throughout the meeting, commissioners conducted eight motions and votes on various matters related to these development proposals. The commission also heard from two members of the public who provided comments during the public input portion of the proceedings.

Attendance

The meeting on March 14, 2019 had seven members present and four members absent.

Present: • William Wilson • Headley Bell • Bruce Nicol • Graham Pohl • Mike Owens • Frank Penn • Carolyn Plumlee

Absent: • Will Berkley • Patrick Brewer • Karen Mundy • Larry Forester

No members arrived late to the meeting.

Votes and Decisions

The meeting included eight formal votes, all of which passed unanimously with all seven members present voting in favor.

Meeting Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from the February 14, 2019 meeting, seconded by Graham Pohl. The motion passed unanimously 7-0.

Postponements [timestamp: 02:00, 04:00] Two development projects were postponed by unanimous votes. Mike Owens motioned to postpone PLN-MJDP-18-00090 (Distillery District - West, Unit 1 Adaptive Reuse Project), seconded by Headley Bell. Frank Penn then motioned to postpone PLN-FRP-19-00001 (Red Mile Square, Inc., Tract D, Lot 3), seconded by Graham Pohl. Both postponements passed 7-0.

Consent Agenda 6:00 Mike Owens motioned to approve the Consent Agenda items excluding PLN-MJDP-19-00003, seconded by Carolyn Plumlee. The motion passed unanimously 7-0.

Development Approvals Five development projects received unanimous approval:

• PLN-MJSUB-19-00004 (Tuscany, Unit 13) 8:00: Frank Penn motioned, Graham Pohl seconded. Approved 7-0 with 12 revised staff conditions, including condition 11 noting items to resolve.

• PLN-MJDP-19-00003 (Hoover and Ford Philpot Evangelistic Association Property) 10:00: Mike Owens motioned, Bruce Nicol seconded. Approved 7-0 with 14 noted conditions.

• PLN-MJDP-19-00008 (Richardson Property) 12:00: Bruce Nicol motioned, Graham Pohl seconded. Approved 7-0 with 5 staff-recommended conditions.

• PLN-MJDP-19-00011 (Enterprise Business Center) 14:00: Graham Pohl motioned, Bruce Nicol seconded. Approved 7-0 with 11 staff-recommended conditions.

All votes included the same seven members: William Wilson, Headley Bell, Bruce Nicol, Graham Pohl, Mike Owens, Frank Penn, and Carolyn Plumlee.

Public Comment

Two community members addressed the board during the public comment period, both focusing on notification and community awareness issues related to a development project.

Vickie Stevens 16:00 raised concerns about the notification process for property owners regarding the development. Stevens expressed worry that some property owners were not receiving proper notifications about the project due to outdated ownership information in the system. She emphasized the importance of ensuring all affected property owners are adequately informed about developments that may impact their properties.

Don Hollis 18:00 spoke about community awareness efforts within the neighborhood. Hollis confirmed that he had taken the initiative to personally inform new neighbors about the development project. He reported that his outreach efforts had been well-received, stating that there were no complaints from the neighbors he had contacted about the proposed development.

The public comments highlighted two different aspects of community engagement: Stevens focused on systemic notification challenges that could prevent proper communication with property owners, while Hollis demonstrated proactive community outreach and reported positive reception from residents. Both speakers' comments centered on ensuring adequate communication and awareness about the development project within the affected community.

Contested Items

The primary contested issue during the March 14, 2019 meeting centered on the adequacy of property owner notifications regarding a development proposal.

Notification of Property Owners

Community members raised significant concerns about the notification process used to inform property owners about the proposed development. The central issue was that outdated ownership information had resulted in some property owners failing to receive required notifications about the project.

The disagreement focused on whether the notification procedures had been properly followed and whether all affected property owners had been given adequate opportunity to participate in the public process. Community opposition stemmed from the belief that incomplete notifications violated proper public engagement protocols and potentially excluded voices from the decision-making process.

The concerns highlighted systemic issues with maintaining current property ownership records for notification purposes, raising questions about the reliability of the database used to identify and contact affected parties. This type of procedural challenge is significant because proper notification is typically a legal requirement for development approvals and public hearings.

The outcome of this contested item was not specified in the available meeting materials, though such notification concerns often result in delays to allow for proper re-notification of affected property owners or requirements for additional public outreach efforts.

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

Tuscany, Unit 11, Phase 2

20:00

The committee reviewed preliminary subdivision plan PLN-MJSUB-19-00003 for Tuscany, Unit 11, Phase 2. Traci Wade served as the key speaker presenting this agenda item to the committee.

The Subdivision Committee had previously reviewed this development proposal and provided their recommendation to move forward with approval. However, their endorsement came with several specific conditions that must be addressed before final approval.

The required conditions focused on three main areas of concern:

• Drainage requirements - The developer must meet all applicable drainage standards and provide adequate stormwater management for the proposed subdivision
• Street cross-sections - All proposed streets must conform to approved cross-sectional specifications and design standards
• Environmental approvals - Additional environmental clearances and permits must be obtained as required by applicable regulations

Following the presentation and discussion of the subdivision committee's findings, the committee voted to approve the preliminary subdivision plan for Tuscany, Unit 11, Phase 2. The approval was granted with the understanding that all conditions specified by the Subdivision Committee must be satisfied before the project can proceed to the next phase of development.

This approval represents a step forward in the development process for this phase of the Tuscany subdivision, though the developer will need to address the outstanding technical requirements related to infrastructure and environmental compliance before receiving final authorization to begin construction activities.

Willow Oak Shopping Center (Millpond Center)

22:00

The Planning Commission reviewed case PLN-MJDP-18-00075 for an amended development plan at Willow Oak Shopping Center, also known as Millpond Center. The proposal involved adding a car wash facility to the existing shopping center.

Traci Wade presented the staff recommendation, which was to approve the amended development plan. However, the approval came with several conditions that the developer would need to meet:

• Drainage requirements - The applicant must address stormwater management concerns related to the new car wash facility
• Landscaping conditions - Specific landscaping improvements or modifications were required as part of the development
• Fire service features - The plan needed to incorporate adequate fire safety and emergency access provisions

The staff analysis determined that the proposed car wash addition was compatible with the existing shopping center and met the necessary development standards, provided the specified conditions were satisfied.

Following the staff presentation and any discussion, the Planning Commission voted to approve the amended development plan for PLN-MJDP-18-00075. The approval allows the Willow Oak Shopping Center to move forward with the car wash development, contingent upon meeting all the drainage, landscaping, and fire service requirements outlined by staff.

This approval represents a modification to the previously approved development plan for the shopping center, adding the car wash as a new commercial use within the existing retail complex.

Hoover and Ford Philpot Evangelistic Association Property

24:00

The meeting addressed development plan PLN-MJDP-19-00003 for the Hoover and Ford Philpot Evangelistic Association Property. Bruce Simpson served as the key speaker presenting information on this agenda item.

The proposed development plan includes construction of a hotel and restaurants on the property. The Subdivision Committee had previously reviewed the proposal and recommended approval, though their recommendation came with several specific conditions that must be met.

The required conditions focus on three main areas:

• Drainage requirements - Specific measures must be implemented to address water management and runoff concerns
• Landscaping standards - The development must meet established landscaping requirements
• Access easements - Proper easement arrangements must be secured to ensure adequate property access

Following the presentation and discussion, the development plan received approval from the meeting body. The approval maintains the conditions previously established by the Subdivision Committee, meaning the developer must satisfy all drainage, landscaping, and access easement requirements before proceeding with construction.

The project represents a commercial development that will bring hospitality and dining facilities to the area through the hotel and restaurant components. With the conditional approval now secured, the Hoover and Ford Philpot Evangelistic Association can move forward with their development plans once they fulfill the specified requirements related to site infrastructure and access.