Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on June 11, 2020, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included 24 agenda items addressing various development projects and administrative matters. The Commission took 21 motions and votes and heard 6 public comments during the session.

Of the 24 agenda items considered, 14 were approved, including projects such as Harper Woods (Lots 21 & 26-29), Winterwood LLC (Stonewall Terrace), Coldstream Research Campus Unit 2-B Section 1 Lot 26 (Piramal Pharma Solution Expansion Project), Delmont Gardens (Christian Towers Expansion), Perry Street Townhomes, Polo Club Center (Sikura Justice Property, Unit 6), Christian Road Development, Fortune Business Center, Pappert Property, Clark Property Unit 4, Fortune Business Center Lot 3, Crossroads Christian Church (Garden Estates), Tates Creek High School, and a Resolution for Public Engagement Toolkit (PET) Project. Additionally, an Amendment to the 2020 Meeting & Filing Schedule was approved.

Ten agenda items were postponed, including Highlawn Extension (Lot 28 and a portion of Lot 27), Dotson Farm Subdivision (Haley Pike-Briar Hill Road), Belmont Farm Unit 7 (Coventry), Riddell Plaza Lot 3 (Parker Property), Blackford Property (Phase 4), Winburn Estates Unit 3 (Hutson-Sirk Property), Hoover and Philpot Evangelistic Association Property (The Fountains at Palomar), Distillery District – West Unit 1, and Thistle Station LLC.

Attendance

The following individuals were present at the meeting on June 11, 2020:

Frank Penn, Mike Owens, Karen Mundy, Carolyn Plumlee, Anthony de Movellan, Headley Bell, Jeff Neal, Deepika Eyunni, Rob Poage, Vaughan Adkins, Traci Wade, Tom Martin, Hal Baillie, Cheryl Gallt, Lauren Hedge, Captain Greg Lengal, Tracy Jones, Scott Southall, Steve Garland, Johan, Kevin Phillips, Houston Royster, Paul Cornelson, Walter Gaffield, Richard Murphy, Nick Nicholson, Sarah Grant, Myron Thompson, Chris Woodall, Samantha Castro, Larry Forrester, Duncan, and Denise.

No attendees were recorded as absent or late.

Votes and Decisions

All votes taken during this meeting passed unanimously.

Minutes Approval 24:51 Patrick Brewer moved to approve minutes from February 27, March 12, March 26, April 9, April 23, May 14, and May 28, 2020. Karen Mundy seconded. The motion passed unanimously.

Project Postponements [timestamps: 0:27:32 to 0:44:30] Seven projects were postponed to July 9, 2020: - PLN-MJDP-19-00071 (Rydell Plaza, Lot 3) – Karen Mundy moved; Ms. Plumlee seconded - PLN-MJDP-19-0074 (Blackford Property Phase 4) – Ms. Plumlee moved; Mr. DeMoglin seconded - PLN-MJSUB-20-00001 (Dotson Farm Subdivision) – Mr. Penn moved; Mr. Heatley-Bell seconded - PLN-MJDP-20-00022 (Distillery District – West, Unit 1) – Ms. Plumlee moved; Mr. Forrester seconded - PLN-MJDP-20-00023 (Thistle Station, LLC) – Mr. Penn moved; Ms. Lundy seconded - PLN-FRP-20-00011 (Highlawn Extension) – Mr. Poe moved; Mr. Brewer seconded - PLN-MJSUB-20-0002 (Belmont Farm, Unit 7) – Ms. Mundy moved; Mr. Brewer seconded - PLN-MJDP-19-0077 (Winburn Estates, Unit 3) – Mr. Penn moved; Ms. Mundy seconded - PLN-MJDP-20-0012 (Hoover and Philpott Evangelistic Association) – Ms. Plumlee moved; Ms. Mundy seconded

All postponement motions passed unanimously.

Consent Agenda Approval 56:09 Patrick Brewer moved to approve consent agenda items including PLN-MJSUB-20-0003 (Harper Woods), PLN-MJDP-20-0013 (Coldstream Research Campus), PLN-MJDP-20-0015 (Delmont Gardens), PLN-MJDP-20-0025 (Christian Road Development), PLN-MJDP-20-0026 (Fortune Business Center), and re-approval of PLN-MJDP-19-0013 (Papert Property). Ms. Carolyn Plumlee seconded. The motion passed unanimously.

Major Project Approvals - PLN-MJDP-20-0010 (Winterwood LLC/Stonewall Terrace) 1:11:26 – Mr. Penn moved; Ms. Mundy seconded. Approved with revised staff conditions including corrected tree canopy notes and deletion of condition 15. A waiver for Article 6-8A of Land Subdivision Regulations was also approved. - PLN-MJDP-20-0016 (Perry Street Townhomes) 1:31:08 – Mr. Penn moved; Mr. Wilson seconded. Approved with 12 conditions and a waiver for Article 6-8A. - PLN-MJDP-20-0017 (Polo Club Center/Secura Justice Property, Unit 6) 1:50:15 – Mr. Bruce Nickel moved; Mr. Forrester seconded. Approved with condition 15 changed to "resolved." - PLN-MJSUB-19-0007 (Crossroads Christian Church/Garden Estates) 2:04:48 – Mr. Penn moved; Mr. Bell seconded. Approved with 10 conditions.

Additional Approvals - PFR 2020-2 (Tates Creek High School) 3:01:00 – Mr. Penn moved; Mr. Bell seconded. Approved with recommendation to reach out to neighborhood. - Performance bonds and letters of credit for April, May, and June 3:03:09 – Mr. B. Nickel moved; Mr. Wilson seconded. - Resolution 0073-26 (Public Engagement Toolkit adoption) 4:01:40 – Graham Poe moved; Mr. Wilson seconded. - Amendment to 2020 meeting and filing schedule to include special meeting on July 16, 2020 4:04:59 – Karen Mundy moved; Carolyn Plumlee seconded.

Public Comment

Six speakers addressed the board during the public comment period, raising concerns about two primary topics: the Tates Creek High School construction project and the proposed Public Engagement Toolkit (PET).

Tates Creek High School Construction

Ms. Sarah Grant 2:19:26 expressed concern about the impact of the new school on her neighborhood, citing loss of trees, increased flooding, and lack of communication from the school board. She requested more transparency and engagement with affected residents.

Mr. Mark Cornelson 2:29:17 shared similar concerns about the school's proximity to his home, including loss of trees and potential for increased flooding and rodent infestation. He expressed frustration with the school board's lack of communication regarding the project.

Public Engagement Toolkit (PET)

Mr. Walter Gaffield 3:28:27 complimented the toolkit but suggested including engagement with neighborhood associations and homeowners associations as a key step in the engagement process.

Mr. Richard Murphy 3:30:39 expressed concern that the toolkit was not adequately vetted with legal stakeholders and warned that approval as a resolution could elevate the toolkit's recommendations to mandatory status.

Mr. Nick Nicholson 3:45:39 raised concerns about the lack of public input during the toolkit's development and warned that the document could be used to challenge future projects based on incomplete engagement.

Ms. Sarah Grant 3:35:30 returned to address the toolkit, supporting its goals and emphasizing the importance of early and transparent engagement to prevent community conflict.

Appointments

The following individuals were appointed to the Nominating Committee:

• Carolyn Plumlee – appointed to the Nominating Committee
• Anthony de Movellan – appointed to the Nominating Committee
• Larry Forrester – appointed to the Nominating Committee

Contested Items

Tates Creek High School Construction

Residents expressed strong opposition to the proposed Tates Creek High School construction project. Community members raised multiple concerns including noise impacts, increased traffic, loss of trees, and potential flooding issues. A significant point of contention was the lack of communication from the school board throughout the planning process. The Planning Commission ultimately approved the project, though they acknowledged the concerns raised and recommended that the school board engage more directly with the community going forward.

Public Engagement Toolkit (PET)

Several meeting attendees contested the adoption of the Public Engagement Toolkit, raising procedural concerns about how the toolkit was developed and vetted. Specifically, attendees argued that the toolkit had not been adequately reviewed with legal stakeholders before being presented for adoption. A key dispute centered on the implications of adopting the toolkit as a formal resolution—attendees contended that doing so could elevate the toolkit's recommendations from advisory guidance to mandatory requirements. This concern was compounded by the fact that the public had not been meaningfully involved in the toolkit's development process, raising questions about whether mandatory adoption was appropriate without broader public input.

HIGHLAWN EXTENSION (LOT 28 AND A PORTION OF LOT 27) (AMD)

Identifier: PLN-FRP-20-00011

This agenda item was discussed at approximately 39:56 in the meeting.

Discussion

Traci Wade presented this item to the board. The discussion centered on a proposed extension involving Lot 28 and a portion of Lot 27 in the Highlawn area.

Concerns Raised

The board raised questions regarding compliance with zoning ordinances and the availability of necessary infrastructure to support the proposed extension.

Outcome

The board voted to postpone this item. Staff recommended the postponement to allow time to address the outstanding questions about zoning compliance and infrastructure requirements. The item was scheduled to be reconsidered at the July 9, 2020 meeting.

DOTSON FARM SUBDIVISION (HALEY PIKE-BRIAR HILL RD) (AMD)

Identifier: PLN-MJSUB-20-00001

Type: Discussion

Richard Murphy presented this agenda item regarding the Dotson Farm Subdivision located on Haley Pike-Briar Hill Road. 31:11

The discussion centered on outstanding issues that required additional time to resolve. A pending cemetery study was identified as a key factor preventing the item from moving forward. Additionally, unresolved questions regarding lot 6 remained unaddressed and needed further clarification before the matter could proceed.

Staff recommended that the item be postponed to allow time for these matters to be adequately addressed and resolved.

Outcome: The item was postponed until July 9, 2020.

BELMONT FARM, UNIT 7 (COVENTRY) (AMD)

Identifier: PLN-MJSUB-20-00002

This agenda item concerning Belmont Farm, Unit 7 (Coventry) (AMD) was discussed at the meeting. 41:07

Discussion and Concerns

Traci Wade addressed unresolved questions regarding street spacing and construction timing that prevented the item from moving forward at this meeting.

Outcome

Staff recommended postponement of this item. The discussion was postponed until July 9, 2020, to allow time for the outstanding questions to be resolved.

HARPER WOODS, LOTS 21 & 26-29 (AMD)

Identifier: PLN-MJSUB-20-00003

Overview

This agenda item concerning Harper Woods, Lots 21 & 26-29 was presented for consideration at the meeting 48:21.

Presentation and Approval

The item was approved as part of the consent agenda. Traci Wade was the key speaker on this matter.

Conditions

The approval included conditions related to the following areas:

• Engineering approvals
• Traffic approvals
• Landscaping approvals
• Environmental approvals

Outcome

The item was approved.

RIDDELL PLAZA, LOT 3 (PARKER PROPERTY) (AMD)

Project Identifier: PLN-MJDP-19-00071

Discussion Summary

This agenda item concerning Riddell Plaza, Lot 3 (Parker Property) was discussed at the meeting. Matt Carter was the key speaker on this matter.

Outcome

The item was postponed until July 9, 2020. Staff recommended the postponement due to unresolved drainage study and site impact concerns that required further attention before the project could move forward.

BLACKFORD PROPERTY (PHASE 4)

Identifier: PLN-MJDP-19-00074

Discussion Type: Development Review

The Blackford Property (Phase 4) agenda item was presented for discussion at the June 11, 2020 meeting 28:42. Nick Nicholson addressed the item on behalf of staff.

Key Issues

The discussion centered on unresolved matters related to density transfer and access that prevented the item from moving forward. These outstanding issues required additional time and coordination before the proposal could be considered for approval.

Outcome

Staff recommended postponement of the item, and the meeting body approved this recommendation. The Blackford Property (Phase 4) was postponed until July 9, 2020, to allow time for resolution of the density transfer and access concerns.

WINBURN ESTATES, UNIT 3 (HUTSON-SIRK PROPERTY)

Project Identifier: PLN-MJDP-19-00077

Discussion Type: Major Development Project Plan

The discussion of the Winburn Estates, Unit 3 (Hutson-Sirk Property) project was presented by Traci Wade 42:46.

Key Issue

The project could not proceed as scheduled due to unresolved access issues related to the Winburn Russell Cave Neighborhoods Small Area Plan. These access concerns required additional resolution before the project could move forward.

Outcome

Staff recommended postponement of the item, and the project discussion was postponed until July 9, 2020. This allowed time to address the outstanding access issues identified in the planning requirements.

WINTERWOOD LLC (STONEWALL TERRACE)

Identifier: PLN-MJDP-20-0010

Outcome: Approved with revised conditions

1:05:25

This agenda item involved discussion and approval of the Winterwood LLC project at Stonewall Terrace. Key speakers included Scott Southall and Lauren Hedge.

The project was approved with several modifications to its conditions:

• Tree canopy notes were corrected
• Condition 15 was deleted
• A waiver for Article 6-8A of Land Subdivision Regulations was approved

The revised conditions reflect adjustments made during the meeting discussion to address technical and regulatory requirements for the project.

HOOVER AND PHILPOT EVANGELISTIC ASSOCIATION PROPERTY (THE FOUNTAINS AT PALOMAR)

Project Identifier: PLN-MJDP-20-0012

Overview

The item concerning the Hoover and Philpot Evangelistic Association property, known as The Fountains at Palomar, was discussed during the meeting. 44:30

Key Speaker

Nick Nicholson presented information related to this agenda item.

Outcome

The item was postponed until July 9, 2020. Staff recommended the postponement due to unresolved neighborhood notification requirements that needed to be addressed before the item could proceed to a decision.

COLDSTREAM RESEARCH CAMPUS, UNIT 2-B, SEC 1, LOT 26 (PIRAMAL PHARMA SOLUTION EXPANSION PROJECT)

Identifier: PLN-MJDP-20-0013

Outcome: Approved

The Piramal Pharma Solution Expansion Project for Coldstream Research Campus, Unit 2-B, Sec 1, Lot 26 was approved as part of the consent agenda 49:22. Traci Wade presented the item.

The project was approved subject to conditions related to engineering, traffic, landscaping, and environmental approvals. These conditions ensure compliance with applicable standards across multiple departments and regulatory areas.

DELMONT GARDENS (CHRISTIAN TOWERS EXPANSION) (AMD)

Identifier: PLN-MJDP-20-0015

Overview

This agenda item concerning the Delmont Gardens (Christian Towers Expansion) amendment was presented for consideration at the meeting.

Outcome

The item was approved as part of the consent agenda with conditions related to engineering, traffic, landscaping, and environmental approvals. 49:56

Key Participants

Traci Wade was the key speaker on this item.

PERRY STREET TOWNHOMES

Project Identifier: PLN-MJDP-20-0016

The Perry Street Townhomes project was presented for discussion and approval. Key speakers on this item included Kevin Phillips and Houston Royster. 1:25:00

Outcome

The project was approved with conditions. The approval included 12 conditions that the project must satisfy, along with a waiver for Article 6-8A of the Land Subdivision Regulations. The waiver permits reduced street width for the development.

POLO CLUB CENTER (SIKURA JUSTICE PROPERTY, UNIT 6) (AMD)

Project Identifier: PLN-MJDP-20-0017

Discussion and Outcome

The Polo Club Center project, identified as the Sikura Justice Property Unit 6 amendment, was discussed and approved during the meeting. 1:39:02

Key speakers in this discussion included Steve Garland and Johan.

Approval Details

The item was approved with modifications to the conditions. Specifically, condition 15 was changed from "discuss" to "resolved," reflecting a shift in the project's status regarding that particular requirement. Additionally, Environmental Assessment and Mitigation Plan (EAMP) compliance was confirmed as part of the approval process.

DISTILLERY DISTRICT – WEST, UNIT 1

Identifier: PLN-MJDP-20-0022

This agenda item concerning the Distillery District – West, Unit 1 project was discussed at the meeting. 32:50

Discussion and Issues

Staff, led by Scott Southall, presented the item for consideration. The discussion identified unresolved issues related to interior space and form-based study requirements that prevented the item from moving forward at this time.

Outcome

The item was postponed until July 9, 2020. Staff recommended the postponement to allow additional time to address the outstanding interior space and form-based study concerns before the project could be reconsidered.

THISTLE STATION, LLC

Project Identifier: PLN-MJDP-20-0023

Discussion Type: Project Review

Scott Southall presented this agenda item, which addressed the Thistle Station, LLC project. 35:01

Key Issues

The project review identified unresolved issues related to interior space and form-based study requirements that prevented approval at this meeting.

Outcome

Staff recommended postponement of the item, and the project was postponed until July 9, 2020, to allow time for these outstanding matters to be addressed.

CHRISTIAN ROAD DEVELOPMENT

Identifier: PLN-MJDP-20-0025

Overview

The Christian Road Development item was presented for consideration at the meeting. 50:26

Presentation and Discussion

Traci Wade was the key speaker on this agenda item.

Conditions and Approvals

The development was approved as part of the consent agenda with conditions related to:

• Engineering approvals
• Traffic approvals
• Environmental approvals

Outcome

The Christian Road Development was approved.

FORTUNE BUSINESS CENTER (FKA S & M DEVELOPMENT)

Project Identifier: PLN-MJDP-20-0026

Overview

The Fortune Business Center project, formerly known as S & M Development, was presented for discussion and approval at the meeting. 51:10

Key Participants

Traci Wade was the primary speaker on this agenda item.

Outcome

The project was approved as part of the consent agenda, subject to conditions related to engineering, traffic, and environmental approvals. These conditions required the applicant to obtain necessary clearances and permits in the specified areas before proceeding with development.

PAPPERT PROPERTY (AMD)

Identifier: PLN-MJDP-19-0013

Outcome: Approved

The Pappert Property amendment was approved as part of the consent agenda 51:48. Traci Wade was the key speaker on this item.

The project was approved with conditions related to engineering, traffic, and environmental approvals. These conditions were required to be satisfied prior to or as part of the project's implementation.

CLARK PROPERTY, UNIT 4

Identifier: ZDP 2015-52

Type: Discussion Item

Outcome: Approved

The Clark Property, Unit 4 item was presented and approved as part of the consent agenda. 52:24

Traci Wade was the key speaker on this agenda item. The approval included conditions related to engineering, traffic, and environmental approvals that must be satisfied as part of the project requirements.

FORTUNE BUSINESS CENTER, LOT 3 (AMD)

Project Identifier: PLN-MJDP-16-00031

Overview

This agenda item concerning Fortune Business Center, Lot 3 (AMD) was presented for consideration at the meeting. 55:06

Key Participants

Traci Wade was the primary speaker on this item.

Outcome

The item was approved as part of the consent agenda. The approval included conditions related to engineering, traffic, and environmental approvals that must be satisfied as part of the project requirements.

CROSSROADS CHRISTIAN CHURCH (GARDEN ESTATES) (AMD)

Identifier: PLN-MJSUB-19-0007

Overview

This agenda item addressed an amendment to the Crossroads Christian Church project in Garden Estates. The discussion took place approximately 2 hours and 4 minutes into the meeting 2:04:48.

Presentation and Discussion

Mr. Kaley presented information regarding design changes and community impact related to the project.

Outcome

The item was approved with 10 conditions attached to the approval. These conditions included:

• EAMP (Environmental Assessment and Mitigation Plan) compliance
• Exaction note requirement

Project Status

The amendment has been approved and may proceed subject to satisfaction of all stated conditions.

TATES CREEK HIGH SCHOOL

Agenda Item: PFR 2020-2

This item was discussed approximately 3 hours and 1 minute into the meeting. The discussion involved Cheryl Galt, Chris Howard, and Sabrina Oakes.

The item was approved, though the approval came with noted concerns. Despite community opposition and a lack of engagement from the neighborhood, the body moved forward with the item. A recommendation was made to reach out to the neighborhood as part of the approval process.

The outcome reflects an attempt to balance proceeding with the proposal while acknowledging the need for improved community communication and involvement going forward.

RESOLUTION FOR PUBLIC ENGAGEMENT TOOLKIT (PET) PROJECT

Resolution 0073-26

The meeting addressed a resolution to approve the Public Engagement Toolkit (PET) Project. 4:01:40

Key Speakers

Samantha Castro and Chris Woodall led the discussion on this agenda item.

Outcome

The resolution was approved. The Public Engagement Toolkit was acknowledged as best practice guidance for meaningful engagement.

AMENDMENT TO THE 2020 MEETING & FILING SCHEDULE

4:04:59

The board approved an amendment to the 2020 meeting and filing schedule to add a special meeting on July 16, 2020. The purpose of this additional meeting is to address a backlog of zone changes that require board attention.

Duncan presented this item to the board. The amendment was approved by the board.