Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on August 8, 2019, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Mike Owens presiding as the meeting officer. The commission addressed three main agenda items during the session, taking a total of six votes on various motions throughout the proceedings. The meeting included two public comment periods, allowing community members to voice their concerns and opinions on the matters before the commission.

Of the three primary agenda items considered, the commission approved one application while denying two others. The George Mankel Property matter received approval from the commission, while both the 6K and Under Auto Sales, LLC application and the Virginia Brown Appeal were denied. These decisions reflect the commission's ongoing work in reviewing development proposals, zoning matters, and appeals that come before the planning authority for the urban county jurisdiction.

The meeting demonstrated the commission's role in balancing development interests with community concerns, as evidenced by the mixed outcomes of the agenda items and the inclusion of public input in the decision-making process.

Attendance

The following members were present at the August 8, 2019 meeting:

Present: • Mike Owens • Anthony de Movellan • Larry Forester • Karen Mundy • Bruce Nicol • Carolyn Plumlee • William Wilson

Absent: • Headley Bell • Patrick Brewer • Frank Penn • Graham Pohl

No members arrived late to the meeting. Seven members were in attendance, with four members absent.

Votes and Decisions

The board took action on six items during the August 8, 2019 meeting, with all votes passing unanimously with all seven members present.

Minutes Approval 0:30 Carolyn Plumlee motioned to approve the minutes from June 27, 2019, and July 11, 2019, seconded by William Wilson. The motion passed unanimously 7-0, with votes from Mike Owens, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Carolyn Plumlee, and William Wilson.

PLN-MJSUB-19-00006 - Tuscany, Unit 15 5:00 Karen Mundy motioned to postpone the Tuscany, Unit 15 matter, seconded by Carolyn Plumlee. The postponement was approved unanimously 7-0.

PLN-MJDP-19-00047 - Sams & Larkin Property 10:00 Karen Mundy motioned to withdraw the Sams & Larkin Property (KY Eagle Beer) application, seconded by Larry Forester. The withdrawal was approved unanimously 7-0.

PLN-FRP-19-00024 - George Mankel Property 30:00 Karen Mundy motioned to approve the George Mankel Property subdivision plan, seconded by William Wilson. The approval passed unanimously 7-0, subject to eight conditions set by staff.

PLN-MAR-19-00011 - 6K and Under Auto Sales 3:00:00 Carolyn Plumlee motioned to disapprove the 6K and Under Auto Sales, LLC zoning map amendment, seconded by William Wilson. The disapproval was approved unanimously 7-0.

BOAR 2019-2 - Virginia Brown Appeal 5:00:00 William Wilson motioned to uphold the disapproval of the Certificate of Appropriateness for Virginia Brown, seconded by Bruce Nicol. The motion to uphold the disapproval passed unanimously 7-0.

All voting members participated in each vote: Mike Owens, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Carolyn Plumlee, and William Wilson.

Public Comment

Two members of the public addressed the meeting during the public comment period.

Paul Natof spoke regarding the Lexingtonian Estates (The Silks Club) project 2:00:00. Natof expressed concerns about lighting and fencing associated with the development. He thanked the applicant for agreeing to install an 8-foot fence as part of the project.

Dick Murphy addressed the meeting concerning 6K and Under Auto Sales, LLC 3:30:00. Murphy represented opposition to a zoning map amendment related to the business. He cited ongoing violations and expressed concerns about the negative impact the operation has had on neighboring properties.

Both speakers focused on development and zoning issues affecting their respective areas of concern within the community.

Contested Items

The primary contested item during this meeting was the zoning map amendment request for 6K and Under Auto Sales, LLC. This proposal faced significant community opposition from residents and neighboring property owners who raised concerns about the business's operations and impact on the surrounding area.

The opposition centered on ongoing violations and negative effects the auto sales business was having on the neighborhood. Community members and adjacent property owners voiced their objections during the public hearing process, citing various issues with how the business was currently operating.

The nature of the specific violations and negative impacts mentioned by opponents was not detailed in the available meeting materials, but the level of community concern was substantial enough to make this a heavily contested agenda item. The opposition appeared to be organized, with multiple stakeholders participating in the discussion.

The outcome of this contested zoning amendment request was not specified in the extracted meeting data, leaving the final decision on the 6K and Under Auto Sales, LLC zoning map amendment unclear from the available information.

This item represented the main source of controversy and debate during the August 8, 2019 meeting, with the community opposition highlighting ongoing tensions between commercial development interests and neighborhood concerns about business operations and their effects on residential areas.

George Mankel Property

The commission reviewed application PLN-FRP-19-00024 for the George Mankel Property, a proposed subdivision to divide one lot into two lots at 6377 Athens Boonesboro Road 30:00.

Tom Martin presented the application to the commission. The proposal involves subdividing a single existing lot into two separate parcels at the Athens Boonesboro Road location.

Following the presentation and discussion, the commission voted to approve the subdivision request. The approval came with conditions, though the specific conditions were not detailed in the available materials.

The commission's decision represents approval for the property owner to proceed with dividing the lot as proposed, subject to meeting the specified conditions of approval.

6K and Under Auto Sales, LLC

3:00:00

The planning commission considered agenda item PLN-MAR-19-00011, a zoning map amendment request for 6K and Under Auto Sales, LLC. The proposal sought to modify existing conditional zoning restrictions related to auto sales operations.

Key speakers during the discussion included Howard Berry and Dick Murphy, who presented arguments regarding the zoning amendment. The item involved consideration of changes to conditional zoning requirements that would affect the auto sales business operations.

Following deliberation on the zoning map amendment proposal, the planning commission ultimately disapproved the request. The amendment to modify the conditional zoning restrictions for 6K and Under Auto Sales, LLC was denied.

The specific details of the concerns raised during the discussion and the rationale for the denial were part of the commission's consideration of this zoning matter.

Virginia Brown Appeal

5:00:00

The Planning Commission considered appeal BOAR 2019-2, filed by Virginia Brown, seeking to overturn the disapproval of a Certificate of Appropriateness for chimney removal.

Betty Kerr served as the key speaker during the discussion of this appeal. The appeal centered on a previous decision to deny a Certificate of Appropriateness that would have permitted the removal of a chimney from the property.

The Commission reviewed the circumstances surrounding the original disapproval and evaluated whether the decision should be upheld or overturned based on the appeal arguments presented.

Following deliberation on the merits of the appeal, the Planning Commission voted to deny Virginia Brown's appeal BOAR 2019-2. This decision upholds the original disapproval of the Certificate of Appropriateness, meaning the chimney removal will not be permitted to proceed as originally requested.

The denial maintains the existing regulatory decision that determined the proposed chimney removal did not meet the necessary criteria for approval under the applicable Certificate of Appropriateness standards.