Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission convened on November 14, 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 chair. The Commission addressed 12 agenda items during the session, taking a total of 14 motions and votes throughout the meeting. No public comments were heard during this session. The Commission approved 7 items, including the meeting minutes, consent agenda, and several development projects such as Stanford Company Property Lot 1 (Mist Lake Shopping Center), Lexington Superdome (Central Equipment), Stonewall Shopping Center, AT&T Jacobson Park wireless communications facility, and an amendment to Articles 1 & 6 regarding stub streets. Five agenda items were postponed, including Lansdowne Shopping Center, Thomas Communications Inc. (Walnut Grove), Masterson Station Center (Citation Village), Pleasant Ridge Subdivision Lot 126, and Fayette Commons (Moe's & BurgerFi).

Attendance

The Commission meeting on November 14, 2019 had nine members present and two absent.

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

Absent: • Headley Bell • Graham Pohl

No members arrived late to the meeting.

Votes and Decisions

The Commission took 14 votes during the November 14, 2019 meeting, with all motions passing or being postponed unanimously by the nine members present: Mike Owens, Patrick Brewer, Anthony de Movellan, Larry Forester, Karen Mundy, Bruce Nicol, Frank Penn, Carolyn Plumlee, and William Wilson.

Administrative Actions: - Meeting Minutes: Karen Mundy motioned to approve the October 10, 2019 meeting minutes, seconded by Patrick Brewer. Passed unanimously 9-0. - Consent Agenda: Patrick Brewer motioned to approve all consent agenda items, seconded by William Wilson. Passed unanimously 9-0.

Postponements: Several development projects were postponed: - PLN-MJDP-19-00062 (Lansdowne Shopping Center AMD): Frank Penn motioned for postponement, seconded by Karen Mundy. Passed unanimously 9-0. - PLN-MJDP-19-00064 (Thomas Communications, Inc. Walnut Grove AMD): Carolyn Plumlee motioned for indefinite postponement, seconded by Karen Mundy. Passed unanimously 9-0. - PLN-MJDP-19-00066 (Masterson Station Center AMD): Carolyn Plumlee motioned for postponement, seconded by Larry Forester. Passed unanimously 9-0. - PLN-MJDP-19-00056 (Pleasant Ridge Subdivision Lot 126): Frank Penn motioned for indefinite postponement, seconded by Carolyn Plumlee. Passed unanimously 9-0. - PLN-MNDP-19-00020 (Fayette Commons AMD): Frank Penn motioned for postponement, seconded by William Wilson. Passed unanimously 9-0.

Approved Projects: - PLN-FRP-19-00048 (Stanford Company Property/Mist Lake Shopping Center): Karen Mundy motioned to approve both the waiver and final subdivision plan, seconded by Larry Forester. Both passed unanimously 9-0, with the subdivision plan subject to 13 staff conditions. - PLN-MJDP-19-00053 (Lexington Superdome/Central Equipment): Frank Penn motioned to approve both the waiver and development plan, seconded by Patrick Brewer. Both passed unanimously 9-0, with the development plan subject to 11 revised staff conditions. - PLN-MJDP-19-00061 (Stonewall Shopping Center): Karen Mundy motioned for approval, seconded by William Wilson. Passed unanimously 9-0 with 9 staff conditions. - PLN-CELL-19-00001 (AT&T Jacobson Park Wireless Facility): William Wilson motioned for approval, seconded by Anthony de Movellan. Passed unanimously 9-0 with staff conditions. - SRA 2019-2 (Stub Streets Amendment): Karen Mundy motioned to approve the amendment to Articles 1 & 6, seconded by Frank Penn. Passed unanimously 9-0 with staff alternative text.

Contested Items

Two items on the November 14, 2019 Commission agenda faced significant community opposition, leading to extended discussion and varied outcomes.

Fayette Commons (Moe's & BurgerFi) Amendment

The proposed amendment for Fayette Commons, involving Moe's and BurgerFi restaurants, drew community concerns primarily focused on traffic congestion issues. Residents and stakeholders raised objections about the addition of a drive-through facility in what they characterized as an already congested area. The community opposition centered on potential traffic flow problems and the impact on the surrounding neighborhood's accessibility and safety.

Due to the level of community concern expressed during the meeting, the Commission decided to postpone the item for further discussion. This postponement allows additional time for staff review, community input, and potential modifications to address the traffic-related issues raised by opponents.

AT&T Jacobson Park Wireless Communications Facility

The AT&T wireless communications facility proposal for Jacobson Park generated substantial community opposition, with residents expressing concerns about two primary issues: the facility's proximity to local schools and potential health effects from wireless communications equipment.

Community members voiced objections during the public comment period, focusing on the location's closeness to educational facilities and raising questions about possible health impacts on students and nearby residents. However, Commission staff and legal counsel noted that federal telecommunications law significantly limits local government authority to consider health effects when reviewing wireless facility applications.

Despite the community opposition, the Commission's ability to deny the application based on the concerns raised was constrained by federal regulations governing wireless communications facilities. The federal framework requires local governments to focus on land use compatibility and design standards rather than health considerations, which are regulated at the federal level.

Both contested items highlighted the ongoing tension between development proposals and community concerns, with the Commission navigating between local opposition and regulatory constraints in their decision-making process.

Approval of Minutes

The Planning Commission considered the minutes from their October 10, 2019, meeting for approval. The discussion involved key speakers Karen Mundy and Patrick Brewer.

The Commission reviewed the minutes without any noted corrections or amendments being raised during the discussion. Following their review, the Planning Commission voted to approve the minutes from the October 10, 2019, meeting.

The approval of these minutes allows them to become part of the official record of the Commission's proceedings and decisions from that previous meeting.

LANSDOWNE SHOPPING CENTER (AMD)

The Commission considered agenda item PLN-MJDP-19-00062, an amendment for the Lansdowne Shopping Center to revise building area and parking requirements.

Key speakers during the discussion included Frank Penn and Karen Mundy, who presented details about the proposed amendments to the shopping center development.

The Commission determined that additional time was needed to thoroughly review and discuss the proposed changes to the building area and parking specifications. Rather than proceeding with a decision during the November 14, 2019 meeting, the Commission voted to postpone consideration of the amendment.

The item was postponed for one month to allow for further discussion and review of the proposed revisions. This delay will provide the Commission and stakeholders additional time to examine the details of the building area modifications and parking adjustments before making a final determination on the amendment.

The postponement ensures that all aspects of the Lansdowne Shopping Center amendment can be properly evaluated before the Commission takes action on PLN-MJDP-19-00062.

THOMAS COMMUNICATIONS, INC., (WALNUT GROVE) (AMD)

The Commission considered agenda item PLN-MJDP-19-00064, an amendment request from Thomas Communications, Inc. for a property located in Walnut Grove. The proposed amendment sought to remove pedestrian facility requirements and re-plat current property lines.

Key speakers during the discussion included Carolyn Plumlee and Karen Mundy, who addressed various aspects of the amendment request.

The Commission ultimately decided to indefinitely postpone consideration of this amendment. No specific timeline was provided for when the item might be reconsidered or brought back before the Commission.

The indefinite postponement means the amendment request remains in limbo, with no immediate action taken on the proposed changes to remove pedestrian facilities or modify the current platting of the property lines. The reasons for the postponement and any conditions that might need to be met before reconsideration were not detailed in the available information.

This outcome leaves the current zoning and development requirements for the Thomas Communications, Inc. property in Walnut Grove unchanged for the time being.

MASTERSON STATION CENTER (CITATION VILLAGE) (AMD)

The Planning Commission considered agenda item PLN-MJDP-19-00066, an amendment to the Masterson Station Center development, also known as Citation Village. The proposed amendment sought to revise the townhouse development plans and add a street cross-section to the existing development proposal.

Key speakers during the discussion included Carolyn Plumlee and Larry Forester, who presented details about the proposed modifications to the development plan. The amendment focused on adjustments to the townhouse component of the mixed-use development and the incorporation of updated street design standards.

Following discussion of the proposal, the Commission determined that additional time was needed to thoroughly review the amendment details. The item was postponed to allow for further discussion and consideration of the proposed changes to the townhouse development and street cross-section elements.

The postponement indicates that commissioners or staff may have had questions or concerns that required additional review before making a final determination on the amendment. The Masterson Station Center development will return to a future Commission meeting for continued consideration of the proposed modifications.

PLEASANT RIDGE SUBDIVISION, LOT 126 (REAPPROVAL OF ZDP 90-79)

The Commission considered agenda item PLN-MJDP-19-00056, a request for reapproval of ZDP 90-79 for Pleasant Ridge Subdivision, Lot 126. The item involved reviewing a previously approved subdivision development plan that required reapproval.

Key speakers during the discussion included Frank Penn and Carolyn Plumlee, who addressed various aspects of the subdivision reapproval request.

The Commission raised concerns regarding development activity related to the Pleasant Ridge Subdivision project. These concerns were significant enough to prevent the Commission from moving forward with the reapproval at this time.

Due to the issues identified with the development activity, the Commission decided to indefinitely postpone consideration of the Pleasant Ridge Subdivision, Lot 126 reapproval. This postponement allows time for the concerns to be addressed before the item returns to the Commission for further review.

The indefinite postponement means no timeline was established for when the item might be reconsidered, and the reapproval request remains pending resolution of the development activity concerns that were raised during the discussion.

Consent Agenda

The Commission addressed several items through the consent agenda process during the November 14, 2019 meeting. Patrick Brewer and William Wilson served as the key speakers for this portion of the meeting.

The consent agenda included multiple items for approval, consisting of both reapprovals of previously considered matters and new development plans. These items were grouped together for efficient processing, as is standard practice for routine or non-controversial matters that do not require individual discussion.

The Commission approved all items included in the consent agenda. This streamlined approach allowed the meeting to proceed efficiently while ensuring that all necessary approvals were granted for the various reapprovals and development plans under consideration.

The specific details of individual items within the consent agenda, including project names, locations, and applicants, were not detailed in the available meeting materials. However, the approval of these items indicates that staff had reviewed them and found them to meet applicable requirements and standards.

Stanford Company Property, Lot 1 (Mist Lake Shopping Center)

The Commission reviewed agenda item PLN-FRP-19-00048, a final subdivision plan for Stanford Company Property, Lot 1, located at the Mist Lake Shopping Center.

Key speakers during the discussion included Karen Mundy and Larry Forester, who presented details about the proposed subdivision plan. The application required consideration of a waiver for lot frontage requirements, indicating that the proposed lot configuration did not meet standard frontage specifications under current zoning regulations.

The Commission evaluated the merits of granting the frontage waiver as part of the final subdivision approval process. While specific details of the debate were not captured in the available materials, the discussion centered on the technical aspects of the subdivision layout and whether the waiver request met the criteria for approval.

Following their review and discussion of the application materials, the Commission voted to approve the final subdivision plan for Stanford Company Property, Lot 1. The approval included granting the requested waiver for lot frontage requirements, allowing the project to proceed despite not meeting standard frontage specifications.

This approval represents the final step in the subdivision process for this portion of the Mist Lake Shopping Center property, enabling Stanford Company to move forward with their development plans for the site.

Lexington Superdome (Central Equipment)

The Commission reviewed development plan PLN-MJDP-19-00053 for the Lexington Superdome Central Equipment project during the November 14, 2019 meeting.

Key speakers on this item included Frank Penn and Patrick Brewer, who presented details about the proposed development plan. The discussion centered on the project's compliance with city development standards and requirements.

A significant aspect of the review involved the project's tree canopy coverage. The development plan required a waiver from the standard tree canopy requirements, indicating that the proposed project would not meet the typical landscaping standards mandated for new developments in the area.

Despite the need for the tree canopy waiver, the Commission ultimately approved the development plan for the Lexington Superdome Central Equipment project. The approval suggests that the Commission found the project's benefits and compliance with other development standards sufficient to justify granting the requested waiver.

The Lexington Superdome Central Equipment development plan represents infrastructure improvements or modifications to support the existing sports and entertainment facility. The Commission's approval allows the project to move forward to the next phase of the development process.

*Note: Specific transcript timestamps are not available for this agenda item.*

Stonewall Shopping Center

The Commission reviewed development plan PLN-MJDP-19-00061 for the Stonewall Shopping Center during the November 14, 2019 meeting. The item was presented as a discussion item regarding the proposed development.

Key speakers during the discussion included Karen Mundy and William Wilson, who addressed various aspects of the development proposal. The primary focus of the deliberations centered on tree canopy requirements and preservation measures for the shopping center site.

The Commission ultimately approved the development plan for Stonewall Shopping Center, though the approval came with specific conditions attached. These conditions were directly related to tree canopy preservation and management requirements that the developer must meet as part of the project implementation.

The approval represents the Commission's endorsement of the shopping center development while ensuring environmental considerations, particularly regarding existing tree coverage, are adequately addressed in the final development plans.

*Note: Specific transcript timestamps are not available for this agenda item discussion.*

Fayette Commons (Moe's & BurgerFi) (AMD)

The Commission considered agenda item PLN-MNDP-19-00020, a minor development plan for Fayette Commons involving Moe's and BurgerFi restaurants.

Key speakers during the discussion included Frank Penn and William Wilson, who addressed various aspects of the proposed development plan.

The primary concern that emerged during the meeting centered on the drive-through component of the project. Commissioners raised questions and expressed reservations about this particular element of the development, though specific details of their concerns were not elaborated in the available materials.

Due to the unresolved issues surrounding the drive-through, the Commission decided to postpone consideration of the minor development plan. This postponement will allow the applicant and staff additional time to address the concerns raised by the Commission regarding the drive-through operations and design.

The item will return to a future Commission meeting once the drive-through issues have been adequately addressed and resolved to the satisfaction of both staff and the Commission members.

AT&T Jacobson Park (Wireless Communications Facility)

The Commission reviewed application PLN-CELL-19-00001 for AT&T's proposed wireless communications facility at Jacobson Park. The application requested approval for a 195-foot cellular tower installation.

Key speakers during the discussion included William Wilson and Anthony de Movellan, who presented details about the proposed facility and addressed questions from commissioners.

The application underwent review to ensure compliance with both local zoning requirements and federal telecommunications regulations. Staff analysis confirmed that the proposed 195-foot tower met all applicable standards for wireless communication facilities in the area.

The Commission approved the AT&T Jacobson Park wireless communications facility application. The approval allows AT&T to proceed with construction of the 195-foot cellular tower, which will enhance wireless coverage in the Jacobson Park area while meeting all regulatory requirements.

*Note: Specific transcript timestamps are not available for this agenda item.*

Amendment to Articles 1 & 6: Stub Streets

The Commission considered agenda item SRA 2019-2, an amendment to Articles 1 and 6 regarding stub streets. This discussion item focused on updating the definition and requirements for stub street signs within the municipal code.

Key speakers during the discussion included Karen Mundy and Frank Penn, who presented information about the proposed changes to the stub street regulations. The amendment addressed both definitional language in Article 1 and specific requirements outlined in Article 6 of the relevant municipal ordinances.

The proposed changes aimed to clarify and modernize the standards for stub street signage, ensuring consistency in how these temporary street endings are marked and regulated within the community. Stub streets typically refer to street segments that are planned for future extension but currently terminate without connecting to other roadways.

Following the presentation and discussion by the Commission members, the amendment was approved. The updated regulations will provide clearer guidance for developers, city staff, and residents regarding the proper identification and treatment of stub streets throughout the municipality.

The approval of SRA 2019-2 represents the Commission's effort to maintain current and effective municipal standards for street infrastructure and signage requirements.