Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on October 10, 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 agenda items during the session, all of which were development-related amendments that received approval. The meeting included consideration of amendments for the South Park Shopping Center, the Zandale Shopping Center & Greenleaf Motor Lodge Properties, and Preston Subdivision Lot 28. Throughout the proceedings, the commission conducted 11 motions and votes, and heard one public comment from a community member.

Attendance

The following members were present at the October 10, 2019 meeting:

• Mike Owens
• Karen Mundy
• Bruce Nicol
• William Wilson
• Headley Bell
• Anthony de Movellan
• Frank Penn
• Graham Pohl

Absent: • Patrick Brewer • Larry Forester • Carolyn Plumlee

No members arrived late to the meeting. Eight members were in attendance with three absent members.

Votes and Decisions

The meeting included eleven motions, all of which passed unanimously with all eight members voting in favor.

Administrative Items The commission first approved the minutes from the September 12, 2019 meeting 0:30. Karen Mundy made the motion, seconded by William Wilson, and it passed 8-0.

Postponements Five development projects were postponed to the November 14, 2019 meeting:

• PLN-MJDP-19-00058 - ROLLIE BISHOP CARROLL, SR., PROPERTY was postponed on a motion by Frank Penn, seconded by Karen Mundy 3:00

• PLN-MJSUB-19-00006 - TUSCANY, UNIT 15 was postponed on a motion by William Wilson, seconded by Graham Pohl 6:00

• PLN-MJDP-19-00052 - KID'S HOUSE CHILD CARE CENTER (AHLULBAYT CENTER) was postponed on a motion by Frank Penn, seconded by Anthony de Movellan 9:00

• PLN-MJDP-19-00053 - LEXINGTON SUPERDOME (CENTRAL EQUIPMENT) was postponed on a motion by Karen Mundy, seconded by William Wilson 12:00

• PLN-MJDP-19-00056 - PLEASANT RIDGE SUBDIVISION, LOT 126 was postponed on a motion by William Wilson, seconded by Karen Mundy 15:00

Approvals The consent agenda was approved excluding two items, with conditions requiring compliance with the Future Land Use and Community Design Elements of the Expansion Area Master Plan 18:00.

PLN-MJDP-19-00055 - SOUTH PARK SHOPPING CENTER was approved with 12 revised conditions set forth by staff on a motion by Karen Mundy, seconded by Headley Bell 25:00.

PLN-MJDP-19-00059 - ZANDALE SHOPPING CENTER & GREENLEAF MOTOR LODGE PROPERTIES was approved with 10 conditions as identified by staff on a motion by Graham Pohl, seconded by Karen Mundy 45:00.

PLN-FRP-19-00031 - PRESTON SUBDIVISION, LOT 28 was approved subject to finding that it is a legal subdivision under article 4-5a on a motion by William Wilson, seconded by Karen Mundy 105:00.

Performance bonds and letters of credit were approved, including release of letters of credit, on a motion by Karen Mundy, seconded by William Wilson 115:00.

All voting members present were Mike Owens, Karen Mundy, Bruce Nicol, William Wilson, Headley Bell, Anthony de Movellan, Frank Penn, and Graham Pohl.

Public Comment

One member of the public addressed the commission during the public comment period.

Amy Clark spoke regarding the Zandale Shopping Center development 55:00. Clark expressed concerns about the proposed drive-thru component of the development and its potential impact on neighborhood livability and environmental sustainability. She urged the commission to consider the broader implications of vehicle-oriented development when making their decision on the project.

Contested Items

The primary contested item during the October 10, 2019 meeting was the Zandale Shopping Center development proposal, which faced significant community opposition.

Zandale Shopping Center Development

Community members raised substantial concerns about the proposed development, specifically focusing on the environmental and livability impacts of a planned drive-thru component. Residents expressed opposition based on concerns about how the drive-thru facility would affect neighborhood quality of life and environmental sustainability in the area.

The nature of the opposition centered on community members' belief that the drive-thru element of the shopping center would negatively impact the surrounding residential neighborhood. Specific concerns included potential effects on local environmental conditions and the overall livability of the area for existing residents.

*Note: Specific transcript timestamps, participant names, and the final outcome of this contested item were not available in the provided meeting materials.*

SOUTH PARK SHOPPING CENTER (AMD)

25:00

The committee reviewed agenda item PLN-MJDP-19-00055, an amendment to the South Park Shopping Center development plan. The proposed amendment includes adding building square footage and associated parking spaces, modifying the shopping center entrance from Canary Road, and revising site statistics.

Cheryl Gallt served as the key speaker for this agenda item, presenting the details of the proposed amendments to the committee.

The Subdivision Committee had previously reviewed this application and recommended postponement due to compliance issues with Article 12 of the Zoning Ordinance. Despite this recommendation for postponement, the committee ultimately approved the South Park Shopping Center amendment.

The specific details regarding the amount of additional square footage, number of parking spaces to be added, or the nature of the entrance modifications from Canary Road were not detailed in the available materials. Similarly, the particular compliance concerns with Article 12 of the Zoning Ordinance that prompted the Subdivision Committee's postponement recommendation were not specified.

The approval allows the shopping center development to proceed with the proposed modifications to building size, parking capacity, and entrance configuration, subject to addressing any outstanding zoning ordinance compliance requirements.

ZANDALE SHOPPING CENTER & GREENLEAF MOTOR LODGE PROPERTIES (AMD)

45:00

The planning commission reviewed application PLN-MJDP-19-00059 for an amendment to the Zandale Shopping Center & Greenleaf Motor Lodge Properties development plan. The proposed amendment would allow for the construction of a restaurant with drive-through service on the property.

Key speakers during the discussion included Tom Martin, Brandon Gross, and Amy Clark, who presented details about the proposed development and addressed questions from commissioners.

The primary concerns raised during the meeting centered on potential traffic impacts and effects on the surrounding neighborhood. Commissioners and speakers discussed how the addition of a drive-through restaurant might affect traffic flow patterns and volumes in the area, as well as the broader implications for nearby residential areas.

Despite these concerns, the Subdivision Committee had previously reviewed the proposal and recommended approval, though with specific conditions attached to address the identified issues. The conditions were designed to mitigate potential negative impacts on traffic and neighborhood character.

Following discussion of the traffic concerns and neighborhood impacts, the planning commission voted to approve the amendment. The approval allows the development to proceed with the restaurant and drive-through facility as proposed, subject to the conditions recommended by the Subdivision Committee.

The approval of PLN-MJDP-19-00059 represents a modification to the existing development plan for the Zandale Shopping Center & Greenleaf Motor Lodge Properties, enabling the addition of restaurant services with drive-through capability to the commercial development.

PRESTON SUBDIVISION, LOT 28 (AMD)

105:00

The commission reviewed application PLN-FRP-19-00031 for the Preston Subdivision, Lot 28 amendment. This case involved the subdivision of a single lot containing two legally constructed residences into separate parcels.

Tom Martin served as the key speaker presenting this item to the commission. The discussion centered on the technical requirements for subdividing property that already contained multiple legal residential structures.

The commission's primary consideration was determining whether this subdivision met the criteria established under Article 4-5a of the applicable regulations. This provision governs the subdivision of lots with existing legal structures, requiring the commission to make specific findings about the legality of the proposed subdivision.

The case presented a straightforward application of existing subdivision regulations to a property with pre-existing legal residential development. The commission needed to verify that both residences were legally constructed and that the proposed lot division would comply with current zoning and subdivision standards.

Following their review and discussion of the application materials, the commission approved the Preston Subdivision, Lot 28 amendment. The approval allows the property owner to proceed with creating separate parcels for each of the two existing residences, bringing the lot configuration into compliance with the legal requirements for properties with multiple dwelling units.