URBAN COUNTY PLANNING COMMISSION-SUBDIVISION ITEMS

Summary

Meeting Overview

The Urban County Planning Commission convened on May 8, 2008, at 1:32 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Randall Vaughn presiding as chair. The Commission addressed 15 agenda items during the session, taking a total of 15 motions and votes throughout the meeting. The Commission heard one public comment during the proceedings.

The meeting was characterized by significant postponement activity, with seven development-related items being postponed to future meetings, including Thomas Communications Inc. Units 1-C and 1-D, Kingston Hall Unit 2, Marshall Property Unit 2, Palumbo Property, Hillenmeyer Property, Blackford Town Center, and High Mount Subdivision. Despite these postponements, the Commission successfully approved eight items, including the meeting minutes, a consent agenda, and six development projects: Tuscany Unit 5, NDC Property Unit 1-A Lot 16 (Wellington), Lakeview Island Unit 3 (The Landings), Gess Property Units 5-C through 5-F, and Overbrook Land Company. The Commission also approved the cancellation of their scheduled May 15, 2008 work session.

Attendance

The Commission meeting on May 8, 2008 had nine members present and two absent.

Present: • Randall Vaughn • Linda Godfrey • Ed Holmes (arrived late) • Carolyn Richardson • Joan Whitman • James Mahan • Mike Cravens • Neill Day • Frank Penn

Absent: • Lyle Aten • Lynn Roche-Phillips

Late Arrival: • Ed Holmes

The meeting proceeded with a quorum of nine commissioners in attendance, representing the majority of the commission membership.

Votes and Decisions

The Commission conducted 15 votes during the May 8, 2008 meeting, all of which passed unanimously by voice vote.

Administrative Items The Commission first approved the minutes from the March 13, 2008 meeting on a motion by Linda Godfrey, seconded by Frank Penn, with all 8 members present voting in favor 0:00.

Postponements Seven development items were postponed to the June 12, 2008 meeting: - PLAN 2008-24F and PLAN 2008-25F (Thomas Communications, Inc., Unit 1-C and 1-D) on motion by Frank Penn, seconded by Linda Godfrey 2:00 - DP 2008-66 (Marshall Property, Unit 2) on motion by Linda Godfrey, seconded by Joan Whitman 4:00 - DP 2008-51 (Palumbo Property) on motion by Linda Godfrey, seconded by Frank Penn 5:00 - PLAN 2008-9P (Hillenmeyer Property) on motion by Neill Day, seconded by Joan Whitman 6:00 - DP 2008-60 (Blackford Town Center) on motion by Frank Penn, seconded by Joan Whitman 7:00 - PLAN 2008-44F (High Mount Subdivision) on motion by Linda Godfrey, seconded by Joan Whitman 8:00

DP 2007-100 (Kingston Hall, Unit 2) was postponed indefinitely on motion by Frank Penn, seconded by Linda Godfrey 3:00.

Approvals The Commission approved the consent agenda items on motion by Linda Godfrey, seconded by Joan Whitman 9:00. Individual development approvals included: - PLAN 2007-52P (Tuscany, Unit 5) with conditions 1-12, omitting condition 13 10:00 - PLAN 2007-201F (NDC Property, Unit 1-A, Lot 16 Wellington) with subdivision compliance conditions 11:00 - PLAN 2008-28F (Lakeview Island, Unit 3) with blue sheet conditions and waiver approval 12:00 - PLAN 2005-280F through 2005-283F (Gess Property, Units 5-C through 5-F) reapproval with added permit conditions 13:00 - DP 2007-151 (Overbrook Land Company) with 16 conditions including pedestrian facilities 14:00

The Commission also voted to cancel the May 15, 2008 work session on motion by James Mahan, seconded by Linda Godfrey 15:00.

All votes included the full Commission membership of 9 members after Ed Holmes joined the meeting.

Public Comment

The Commission received one public comment during the May 8, 2008 meeting.

Mr. Tucker addressed the Commission regarding water quality certification issues 13:30. He raised concerns about the 401 Water Quality Certificate for the Gess Property, specifically noting that the certificate had expired. Mr. Tucker suggested that this expiration could potentially constitute a violation of the Clean Water Act, bringing this matter to the Commission's attention for consideration.

The 401 Water Quality Certificate is a federal requirement under the Clean Water Act that ensures proposed activities in waterways meet state water quality standards. Mr. Tucker's comment highlighted potential compliance issues related to this certification requirement for the Gess Property.

Contested Items

During the May 8, 2008 Commission meeting, one contested item emerged regarding water quality compliance for a local development project.

401 Water Quality Certificate Expiration

Mr. Tucker raised concerns about the expiration of the 401 Water Quality Certificate for the Gess Property development. He argued that the expired certificate could constitute a violation of the Clean Water Act, suggesting that continued work on the property without a valid water quality certification would be legally problematic.

The 401 Water Quality Certificate is a federal requirement under the Clean Water Act that ensures any activity that may result in discharge into waters of the United States meets state water quality standards. Mr. Tucker's objection centered on the potential environmental and legal implications of proceeding with development activities while the certificate had lapsed.

The nature of this opposition appeared to stem from community concerns about environmental compliance and proper regulatory oversight of the development project. However, the extracted meeting data does not indicate the specific outcome of this challenge or how the Commission addressed Mr. Tucker's concerns about the expired certification.

This contested item highlights ongoing tensions between development interests and environmental compliance requirements, with community members actively monitoring regulatory compliance for local projects.

Approval of Minutes

0:00 The Commission reviewed the minutes from their March 13, 2008 meeting for approval. The discussion was led by key speakers Linda Godfrey and Frank Penn.

The Commission examined the previously distributed minutes to ensure accuracy and completeness of the record from the March meeting. Following their review, the Commission voted to approve the minutes as presented.

The minutes were successfully approved without any noted corrections or amendments, allowing the meeting to proceed to subsequent agenda items.

Thomas Communications, Inc., Unit 1-C and 1-D

2:00

The Commission considered agenda items PLAN 2008-24F and PLAN 2008-25F regarding Thomas Communications, Inc., Unit 1-C and 1-D.

Rory Kahly addressed the Commission regarding these plans. The applicant requested a postponement of both plans to the Commission's June 12, 2008 meeting.

The Commission granted the postponement request without further discussion. No concerns were raised, and no debate occurred regarding the merits of the plans themselves, as the matter was simply deferred to allow the applicant additional time.

The outcome was that both PLAN 2008-24F and PLAN 2008-25F for Thomas Communications, Inc., Unit 1-C and 1-D were postponed to the June 12, 2008 Commission meeting.

Kingston Hall, Unit 2

3:00

The Commission considered agenda item DP 2007-100 for Kingston Hall, Unit 2 during the May 8, 2008 meeting.

Rory Kahly, representing the applicant, addressed the Commission regarding this development plan. Rather than proceeding with a presentation or formal review of the project, Kahly requested that the Commission grant an indefinite postponement of the plan.

The Commission accepted the applicant's request without extended discussion or debate. No concerns were raised by commissioners, and no additional speakers addressed this item.

The outcome was a postponement of DP 2007-100, with no specified timeline for when the applicant might return to present the Kingston Hall, Unit 2 development plan to the Commission for future consideration.

Marshall Property, Unit 2

4:00

The Commission considered agenda item DP 2008-66 regarding the Marshall Property, Unit 2 development plan. The discussion was brief, as the applicant had requested a postponement of the item.

Rory Kahly addressed the Commission regarding the postponement request. The applicant sought to delay consideration of the development plan to allow additional time for preparation or revisions to the proposal.

The Commission granted the applicant's request without extensive debate. The Marshall Property, Unit 2 plan was postponed to the Commission's June 12, 2008 meeting, where it would be reconsidered at that time.

No substantive discussion of the development plan's merits, concerns, or specific details occurred during this meeting due to the postponement request. The item was moved to the June agenda to allow the applicant the requested additional time.

Palumbo Property

5:00

The Commission considered agenda item DP 2008-51 regarding the Palumbo Property during the May 8, 2008 meeting. Gary Roland addressed the Commission on behalf of the applicant, requesting that consideration of the development plan be postponed to the June 12, 2008 meeting.

The Commission granted the applicant's request for postponement without further discussion or debate on the merits of the proposed development plan. No concerns were raised regarding the postponement request, and no details about the specific nature of the Palumbo Property development were presented during this brief agenda item.

The matter was officially postponed to the June 12, 2008 Commission meeting as requested.

Hillenmeyer Property

6:00

The Commission considered agenda item PLAN 2008-9P regarding the Hillenmeyer Property during the May 8, 2008 meeting. Tom Martin addressed the Commission on behalf of the applicant.

Martin requested that the plan be postponed to the Commission's June 12, 2008 meeting. No detailed presentation of the proposal was made during this session, as the focus was solely on the postponement request.

The Commission granted the applicant's request, and PLAN 2008-9P for the Hillenmeyer Property was officially postponed to the June 12, 2008 meeting for further consideration.

Blackford Town Center

7:00

The Commission considered agenda item DP 2008-60 for the Blackford Town Center development plan during the May 8, 2008 meeting. However, the item did not proceed to full discussion as originally scheduled.

Tom Martin, representing the applicant, requested that the Blackford Town Center plan be postponed to allow additional time for preparation. The Commission granted this request without debate.

The item has been rescheduled for consideration at the Commission's June 12, 2008 meeting. No details about the proposed development or specific reasons for the postponement were discussed during this brief agenda item.

Outcome: The Blackford Town Center development plan (DP 2008-60) was postponed to the June 12, 2008 Commission meeting at the applicant's request.

High Mount Subdivision

8:00

The Planning Commission considered agenda item PLAN 2008-44F regarding the High Mount Subdivision during their May 8, 2008 meeting.

Tom Martin presented the staff recommendation to postpone consideration of the High Mount Subdivision plan to the June 12, 2008 meeting. The postponement was requested due to a lack of response from the applicant.

No further details were provided regarding the nature of the subdivision proposal or what specific information or materials were needed from the applicant to proceed with the review process.

The Commission accepted the staff recommendation and postponed the item to the June 12, 2008 meeting without discussion or debate.

Consent Agenda

9:00

The Commission reviewed and approved the consent agenda during the May 8, 2008 meeting. Bill Sallee participated in the discussion of these routine administrative items.

The consent agenda consisted of items deemed non-controversial and suitable for approval without individual discussion. These typically include administrative matters, routine approvals, and procedural items that require formal Commission action but do not warrant separate debate.

The Commission approved the consent agenda items as presented, with no items removed for separate consideration or discussion.

Outcome: Approved

Tuscany, Unit 5

10:00

The Commission reviewed PLAN 2007-52P for Tuscany, Unit 5 during the May 8, 2008 meeting. The agenda item was presented as a discussion item regarding the development plan.

Key speakers during the discussion included Tom Martin and Rory Kahly, who addressed various aspects of the proposed unit development. The Commission engaged in deliberations regarding the plan's specifications and requirements.

Following the discussion, the Commission approved the Tuscany, Unit 5 plan with conditions. The specific conditions attached to the approval were not detailed in the available meeting materials, but the approval indicates the Commission found the plan acceptable with certain modifications or requirements to be met.

The approval of PLAN 2007-52P represents the Commission's endorsement of the development proposal for this unit within the Tuscany project, subject to the stated conditions that were established during the review process.

NDC Property, Unit 1-A, Lot 16 (Wellington)

11:00

The Commission reviewed Plan 2007-201F for the NDC Property, Unit 1-A, Lot 16 located in Wellington. The agenda item was presented as a discussion item requiring Commission action.

Key speakers during the discussion included Bill Sallee and Ashley Ward, who provided details about the proposed development plan. The Commission engaged in deliberations regarding the specific conditions and requirements associated with this Wellington property development.

Following the presentation and discussion of the plan details, the Commission moved to approve Plan 2007-201F with conditions. The approval indicates that while the Commission found the overall proposal acceptable, certain stipulations were attached to ensure compliance with local development standards and regulations.

The Commission's decision to approve the plan with conditions represents a positive outcome for the NDC Property development, allowing the project to move forward while maintaining appropriate oversight through the specified conditions.

Lakeview Island, Unit 3 (The Landings)

12:00

The Commission reviewed PLAN 2008-28F for Lakeview Island, Unit 3 (The Landings) during the May 8, 2008 meeting. The agenda item was presented as a discussion item regarding the development plan.

Key speakers during the discussion included Cheryl Gallt and Tom Martin, who provided information and addressed questions from the Commission regarding the proposed development.

The Commission discussed the plan and determined that approval would be granted subject to certain conditions. While the specific details of the conditions and the nature of the concerns raised during the discussion are not detailed in the available materials, the Commission ultimately found the plan acceptable with the stipulated modifications.

Following the discussion and consideration of the proposal, the Commission voted to approve PLAN 2008-28F for Lakeview Island, Unit 3 (The Landings) with the agreed-upon conditions.

Gess Property, Units 5-C, 5-D, 5-E, 5-F

13:00 The Commission reviewed plans PLAN 2005-280F, PLAN 2005-281F, PLAN 2005-282F, and PLAN 2005-283F for the Gess Property development units 5-C, 5-D, 5-E, and 5-F.

Key speakers during the discussion included Tom Martin and Rory Kahly, who presented details about the four development units. The plans had previously been before the Commission and were being brought back for reconsideration with modifications.

The Commission engaged in discussion regarding the specific conditions that would need to be attached to the approval of these development units. While the extracted data does not provide details about the specific conditions discussed or concerns raised during the deliberation, the Commission ultimately found the plans acceptable with the proposed conditions.

Following their review and discussion of the four related plans, the Commission voted to reapprove all four units - 5-C, 5-D, 5-E, and 5-F - with conditions attached. The approval allows the Gess Property development to move forward with these specific phases of the project, subject to meeting the conditions established by the Commission during their review process.

Overbrook Land Company

14:00

The Commission discussed agenda item DP 2007-151 regarding the Overbrook Land Company development plan. Key speakers during this discussion included Chris Taylor and Matt Carter.

The development plan was presented to the Commission for review and consideration. During the discussion, the Commission evaluated the proposal and identified specific conditions that would need to be met for approval.

Following their review and deliberation of the plan details, the Commission voted to approve DP 2007-151 for Overbrook Land Company, contingent upon the conditions discussed during the meeting.

The approval allows the Overbrook Land Company project to move forward in the development process, subject to compliance with the stipulated requirements established by the Commission.

Cancellation of May 15, 2008 Work Session

15:00

The Commission addressed the cancellation of their scheduled work session for May 15, 2008. Chris King presented the matter to the Commission for consideration.

The Commission discussed and ultimately approved the cancellation of the May 15, 2008 work session. No specific concerns or objections were raised during the discussion regarding this scheduling change.

The cancellation was formally approved by the Commission.