Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on June 13, 2019, at 1:30 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 presiding officer. The commission addressed seven agenda items during the session, with six development-related matters being postponed and one appeal being withdrawn. The meeting included seven motions and votes, along with one public comment from attendees. Notable agenda items that were postponed included zoning and development proposals from Ball Homes Inc., JFG Enterprises Inc., Waits/Moore Ltd. Partnership Property, Crossroads Christian Church, and Tuscany Unit 15, while the Robert and Ellen Sparks Appeal was withdrawn from consideration. The session demonstrated the commission's procedural handling of multiple development matters, though substantive decisions on the proposed projects were deferred to future meetings.

Attendance

The following members were present at the meeting on June 13, 2019:

• William Wilson
• Headley Bell
• Bruce Nicol
• Graham Pohl
• Mike Owens
• Frank Penn
• Carolyn Plumlee
• Will Berkley
• Karen Mundy
• Patrick Brewer
• Larry Forester

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The meeting resulted in seven unanimous votes, all involving postponements or withdrawals of agenda items.

PLN-MAR-19-00003: The commission voted unanimously (11-0) to postpone the BALL HOMES, INC. zoning map amendment to July 25, 2019. Patrick Brewer made the motion, seconded by Karen Mundy. All eleven commissioners voted in favor: William Wilson, Headley Bell, Bruce Nicol, Graham Pohl, Mike Owens, Frank Penn, Carolyn Plumlee, Will Berkley, Karen Mundy, Patrick Brewer, and Larry Forester.

PLN-MJDP-19-00027: Mike Owens motioned to postpone the JFG ENTERPRISES, INC. development plan to July 11, 2019, with Karen Mundy providing the second. The motion passed unanimously (11-0) with the same eleven commissioners voting in favor.

PLN-FRP-19-00014: Frank Penn moved to postpone the WAITS/MOORE LTD. PARTNERSHIP PROPERTY amendment to July 11, 2019, seconded by Patrick Brewer. The vote was unanimous (11-0) with all commissioners supporting the postponement.

PLN-FRP-19-00005: The CROSSROADS CHRISTIAN CHURCH amendment was postponed to July 11, 2019, following a motion by Mike Owens and second by Carolyn Plumlee. All eleven commissioners voted in favor (11-0).

PLN-MJSUB-19-00006: Frank Penn motioned to postpone TUSCANY, UNIT 15 to July 11, 2019, with Larry Forester seconding. The unanimous vote (11-0) included all eleven commissioners.

PLN-MJSUB-19-00007: Graham Pohl moved to postpone CROSSROADS CHRISTIAN CHURCH (GARDEN ESTATES) to July 11, 2019, seconded by Patrick Brewer. The motion passed unanimously (11-0).

BOAR 2019-1: Carolyn Plumlee motioned to withdraw the appeal by Robert and Ellen Sparks, with Karen Mundy seconding. All eleven commissioners voted unanimously (11-0) to approve the withdrawal.

Public Comment

During the public comment period, one speaker addressed the Planning Commission.

Richard Murphy spoke regarding JFG ENTERPRISES, INC., requesting a one-month postponement of the application. Murphy explained that the additional time would allow for further collaboration with staff before presenting the matter to the Planning Commission for consideration.

No transcript timestamps were available for this public comment period.

Contested Items

The meeting featured one contested item that drew community opposition and resulted in a request for postponement.

JFG ENTERPRISES, INC. Development Plan

The proposed development plan by JFG Enterprises, Inc. faced opposition from neighboring property owners during the meeting. Richard Murphy appeared before the board as a representative of adjoining property owners to voice concerns about the development project.

Murphy formally requested that the board postpone consideration of the JFG Enterprises development plan, citing the need for additional time to address various concerns raised by the affected neighboring properties. The specific nature of the concerns was not detailed in the available meeting materials, but the opposition was significant enough to warrant formal representation and a postponement request.

The involvement of multiple adjoining property owners, as represented by Murphy, suggests the development plan had generated substantial community interest and opposition among those who would be directly impacted by the proposed project. This type of organized community response typically indicates concerns about issues such as traffic impact, property values, environmental effects, or compatibility with existing neighborhood character.

The outcome of Murphy's postponement request was not specified in the available meeting documentation, leaving unclear whether the board granted the delay or proceeded with consideration of the development plan as originally scheduled.

BALL HOMES, INC. Zoning Map Amendment

The planning commission discussed agenda item PLN-MAR-19-00003, a zoning map amendment request from Ball Homes, Inc. The proposal involved rezoning property from the existing Community Center (CC) zone to Expansion Area Residential zones, specifically EAR-2 and EAR-3 designations.

Nick Nicholson served as a key speaker during the discussion of this rezoning request. The amendment would change the permitted land uses for the property from community center activities to residential development under the expansion area residential classifications.

The EAR-2 and EAR-3 zones typically allow for different densities and types of residential development, representing Ball Homes' intention to develop the property for housing rather than maintaining its current community center zoning designation.

Following discussion of the proposal, the planning commission decided to postpone action on the Ball Homes zoning map amendment. The postponement suggests that additional information, analysis, or public input may be needed before the commission can make a final determination on the rezoning request.

The postponement allows Ball Homes and city staff additional time to address any outstanding issues or concerns that may have been raised during the discussion, though the specific reasons for the delay were not detailed in the available information.

JFG ENTERPRISES, INC. Development Plan

The meeting addressed agenda item PLN-MJDP-19-00027, a development plan submitted by JFG ENTERPRISES, INC. Joshua Lewis served as the key speaker for this discussion.

The review focused on two primary areas of concern regarding the proposed development. First, issues were raised about the Tree Protection Plan, though specific details about the nature of these concerns were not elaborated in the available materials. Second, questions arose regarding the proposed flex space component of the development plan.

The discussion centered on evaluating whether the submitted plans met the necessary requirements and standards for approval. The flex space element of the proposal appeared to require additional clarification or modifications before the planning body could move forward with consideration.

Following the discussion of these concerns, the decision was made to postpone action on the JFG ENTERPRISES, INC. development plan. This postponement allows time for the applicant to address the identified issues with both the Tree Protection Plan and the flex space proposal before returning for further consideration.

The postponement indicates that while the development plan has merit, the current submission requires refinement to meet the standards and address the specific concerns raised during the review process. No timeline was specified for when the revised plan would return for consideration.

WAITS/MOORE LTD. PARTNERSHIP PROPERTY Amendment

The planning commission discussed agenda item PLN-FRP-19-00014, an amendment proposal for the Waits/Moore Ltd. Partnership Property. The amendment seeks to subdivide one existing lot into two separate lots.

Matt Carter served as the key speaker presenting information about this subdivision proposal during the discussion.

The commission identified several significant concerns regarding the proposed amendment:

• Sanitary sewer service - Questions were raised about adequate sewer infrastructure to serve the proposed two-lot subdivision
• Right-of-way dedication - Issues were discussed regarding necessary right-of-way requirements for the subdivision

These infrastructure and access concerns appeared to be substantial enough to prevent the commission from moving forward with approval at this meeting.

Outcome: The amendment was postponed, allowing time to address the identified concerns about sanitary sewer service and right-of-way dedication requirements before the item returns for further consideration.

The postponement indicates that while the subdivision concept may have merit, the technical infrastructure issues need resolution before the commission can properly evaluate and potentially approve the Waits/Moore Ltd. Partnership Property amendment.

CROSSROADS CHRISTIAN CHURCH Amendment

The Planning Commission considered agenda item PLN-FRP-19-00005, an amendment request from Crossroads Christian Church to subdivide one tract into two lots. Tom Martin served as the key speaker for this discussion item.

The proposed amendment would allow the subdivision of the church's existing property, creating two separate lots from the current single tract. The request included specific conditions that would need to be met for approval of the subdivision.

During the discussion, commissioners reviewed the technical aspects of the proposed subdivision and examined the conditions that had been established for potential approval. The amendment would need to comply with local zoning requirements and subdivision regulations.

After consideration of the proposal and associated conditions, the Planning Commission decided to postpone action on the Crossroads Christian Church amendment. The postponement allows for additional review time and potentially addresses any outstanding issues or concerns that may have been identified during the discussion.

The postponement means the amendment request will be reconsidered at a future Planning Commission meeting, giving staff and the applicant additional time to address any technical or procedural matters that may need resolution before final action can be taken on the subdivision proposal.

TUSCANY, UNIT 15

The planning commission reviewed preliminary subdivision plan PLN-MJSUB-19-00006 for Tuscany, Unit 15 during this meeting. Tom Martin served as a key speaker for this agenda item.

The discussion centered on the proposed street system for the subdivision and raised concerns about future connectivity. Commission members examined the preliminary plans and identified potential issues with how the proposed streets would integrate with surrounding developments and existing infrastructure.

Specific concerns were raised about the street layout and whether the proposed configuration would adequately serve future development needs in the area. The commission appeared to have reservations about moving forward with the current design without addressing these connectivity issues.

After reviewing the preliminary subdivision plan and discussing the various concerns about the street system, the commission decided to postpone action on PLN-MJSUB-19-00006. This postponement will allow time for the applicant to address the identified issues with the proposed street layout and future connection plans before the item returns for further consideration.

The postponement indicates that while the commission is not opposed to the Tuscany, Unit 15 development in principle, they want to ensure that the street system is properly designed to serve both the immediate subdivision and future development in the surrounding area before giving approval to proceed.

CROSSROADS CHRISTIAN CHURCH (GARDEN ESTATES) Amendment

The planning commission discussed agenda item PLN-MJSUB-19-00007, an amendment for Crossroads Christian Church (Garden Estates) to create 17 single family lots.

Tom Martin served as the key speaker for this agenda item, presenting details about the proposed development amendment.

The primary concern raised during the discussion centered on sanitary sewer service for the proposed 17 single family lots. Commission members questioned how sewage would be handled for the new residential development, indicating this was a significant infrastructure consideration that needed to be addressed before the project could move forward.

The discussion revealed that there were unresolved issues regarding the sewer service capacity and connection requirements for the Garden Estates subdivision. These infrastructure concerns appeared to be substantial enough to prevent immediate approval of the amendment.

Following the discussion of the sewer service questions and other related matters, the commission decided to postpone action on the Crossroads Christian Church (Garden Estates) amendment. This postponement allows time for the applicant and relevant departments to address the sanitary sewer service concerns and provide additional information needed for the commission to make an informed decision on the 17-lot subdivision proposal.

The postponement indicates that while the basic concept of creating 17 single family lots may have merit, the technical infrastructure requirements, particularly regarding sewage handling, require further study and resolution before the amendment can proceed through the approval process.

Robert and Ellen Sparks Appeal

The Board considered agenda item BOAR 2019-1, an appeal by Robert and Ellen Sparks to revoke the Certificate of Appropriateness Conditions that had been previously approved by the Board of Architectural Review.

Traci Wade served as the key speaker for this discussion item. The appeal centered on conditions that had been attached to a Certificate of Appropriateness, though the specific nature of the original approval and the grounds for the appeal were not detailed in the available materials.

The item was scheduled as a discussion matter rather than a formal hearing, indicating the Board intended to review the merits of the appeal and determine appropriate next steps. However, before substantive discussion could take place, the appeal was withdrawn by the applicants.

The withdrawal of the appeal effectively ended the matter, with no further action required by the Board. The original Certificate of Appropriateness Conditions approved by the Board of Architectural Review remained in effect, as the challenge to those conditions was no longer being pursued.

This outcome resolved the agenda item without the need for Board deliberation on the substantive issues that had prompted the Sparks' initial appeal.