Planning Commission 07-09-20

Summary

Meeting Overview

The Urban County Planning Commission met on July 9, 2020, at 200 East Main St., Lexington, KY, with Chairman Wilson presiding. The commission considered 16 agenda items during the meeting, hearing 5 public comments and taking 19 votes. Of the properties and projects reviewed, six were approved: Cooper Property, Windburn Estates Unit 3, Dotson Farm Subdivision, Belmont Farm Unit 7, Thistle Station, and Red Mile Square. Nine items were postponed, including Hoover and Philpott Evangelistic Association Properties, Ethington and Ethington Property Track 1, Meadowcrest, Blackford Property, Hamburg East Baptist Health Campus, Distillery District West Unit 1, High Lawn Extension, Crossroads Christian Church, and Lexington Mall Property.

Attendance

Present: Mr. Martin, Ms. Wade, Mr. Penn, Mr. Bell, Mr. Simpson, Mr. Carter, Mr. Nicholson, Mr. Southall, Mr. Murphy, Mr. Cayley, Mr. Elliott, Mr. Smoorstad, Mr. Helani, Mr. Cook, Ms. Daley, Ms. Marfell, Mr. Gaffield, Ms. Clark, Mr. South Hall, Mr. Mickels, Mr. Wilson, Mr. DeMovilland, Mr. Anthony DeMovilland, Mr. Nichols, Mr. Poe, Mr. Hall, Mr. Moble, Mr. Moeberlin, Mr. Blumley, Mr. DeMovillen, Mr. Dumoulin, Mr. Healy, Mr. Pope, Mr. Atkins, Ms. Newman, Ms. Vaughn, Ms. Plumlee, Ms. Basta, Ms. Allaway, Ms. Kelly, Ms. Cunningham, Ms. Plumlin, and Ms. Adkins.

Absent: Miss Family

Late: None recorded.

Votes and Decisions

The meeting included 19 motions, with the majority passing unanimously. Nine items were postponed to later dates, six were approved, three passed with conditions, and one disapproval motion failed.

Postponements

Nine items were unanimously postponed:

• PLMJDP 20-12: Hoover and Philpott Evangelistic Association properties postponed two weeks to July 23rd 7:21
• PLNMJDP 18-30: Ethington and Ethington Property Track 1 postponed one month to August 13th 9:39
• PLN SUB 20-4: Meadowcrest postponed one month to August 13th 11:58
• CLM MJDT 1974: Blackford Property postponed to August 13th 13:12
• PLN MJDP 20-31: Hamburg East Baptist Health Campus postponed two weeks to July 23rd 14:17
• PLN MJDP 20-22: Distillery District West Unit 1 postponed one month to August 13th 16:02
• PLN FRP 20-00011: High Lawn Extension postponed one month to August 13th 18:09
• PLN FRP 19-5: Crossroads Christian Church postponed two weeks to July 23rd 19:13
• PLNMJDP 20-29: Lexington Mall property postponed one month to August 13th 20:49

Approvals

Six items were unanimously approved:

• PLNMJDP 20-32: Cooper property approved with EAMP compliance statement 26:54
• PLNMJDP 19-77: Windburn Estates Unit 3 approved with 14 conditions, including amendment to condition 13 requiring all necessary access permits from KYTC 1:03:07
• PLN MJSUB 20-1: Dotson Farm subdivision approved with 7 conditions 1:13:41
• PLNMJSUV20-2: Belmont Farm Unit 7 approved with 11 conditions 1:22:35
• PLNMJ-SUB20-2: Belmont Farm Unit 7 waiver approved 1:23:40
• PLNMJDP 20-23: Thistle Station approved with 14 conditions and acceptance of form-based study 3:41:20
• PLNMJDP 2030: Red Mile Square approved with 11 conditions 3:46:42
• Performance Bond Letters of Credit approved 3:49:35

Disapproval and Postponement

PLNMJDP 19-71 (Riddell Plaza): A disapproval motion failed on a roll call vote with 2 ayes and 5 nays 3:17:28. Ms. Plumlee and Mr. Penn voted for disapproval; Mr. Bell, Mr. Nichols, Mr. Poe, Mr. Bell, and Mr. Hall voted against. The item was subsequently postponed unanimously to August 13th with 20 staff recommendations 3:24:17.

Public Comment

Five members of the public addressed the commission regarding the Riddell Plaza project, raising concerns about stormwater management, engineering communication, flooding risks, environmental policy, and project transparency.

Stream Protection and Environmental Policy

Mr. Ken Cook 2:36:34 argued that the proposed project would bury a stream in violation of Article 19 protections. He urged the commission to deny the plan to uphold long-standing environmental policies.

Public Transparency

Ms. Jenny Daley 2:37:11 called on the commission to either postpone or deny the project to ensure public transparency and prevent the project from going dark after approval.

Flooding Concerns

Ms. Julie Marfell 2:39:59 shared her personal experience with flooding in the Pine Meadows neighborhood and expressed concern about the potential impact of the proposed development on the area.

Engineering Communication

Mr. Walter Gaffield 2:40:31 stated that he had contacted City Engineering about concerns raised by Mr. Cook but had not received a response. He expressed concern about the lack of communication.

Stormwater Management

Ms. Amy Clark 2:41:02 expressed concern about the stormwater management plan, noting that the project would flood the parking lot during heavy rains. She urged the commission to deny the plan or postpone it until the stormwater issues are resolved.

Appointments

The following individuals were appointed to the Urban County Planning Commission:

• Larry Forrester
• Frank Penn
• Carolyn Plumlee
• Bill Wilson

Contested Items

Riddell Plaza Stormwater Management

A significant dispute emerged regarding the stormwater management plan for Riddell Plaza. Citizens and staff raised substantial concerns about the project's potential environmental and hydrological impacts.

The core disagreement centered on the project's effect on a perennial stream and floodplain in the area. Opponents argued that the proposed plan would exacerbate flooding conditions rather than mitigate them. Additionally, concerns were raised that the project would violate Article 19 protections, suggesting the plan conflicted with existing regulatory safeguards for the affected area.

Both community members and staff participated in voicing these objections, indicating the issue generated opposition across multiple stakeholder groups rather than representing a single constituency's concern.

Hoover and Philpott Evangelistic Association Properties

Identifier: PLMJDP 20-12

Mr. Simpson presented this agenda item, which concerned properties associated with the Hoover and Philpott Evangelistic Association. 5:37

The applicant requested a two-week postponement of the discussion, moving the consideration to July 23rd. The postponement was sought due to a mix-up regarding a neighborhood meeting and the need to make minor adjustments to the project plans.

The motion to postpone was unanimously approved by the body.

Ethington and Ethington Property Track 1

Identifier: PLNMJDP 18-30

Mr. Carter presented the Ethington and Ethington Property Track 1 agenda item 8:26. The applicant requested a one-month postponement of the matter to allow additional time to meet a missed waiver deadline. The postponement would move the item to August 13th.

The motion to grant the postponement was unanimously approved by the body.

Outcome: The agenda item was postponed to August 13th.

Meadowcrest

Agenda Item: PLN SUB 20-4

Mr. Nicholson presented the Meadowcrest agenda item 10:42. The applicant requested a one-month postponement of the discussion to allow time to address issues with staff.

The motion to postpone the item to August 13th was unanimously approved by the body.

Blackford Property

The Blackford Property agenda item (CLM MJDT 1974) was presented as a discussion item during the meeting. 12:30

Mr. Nicholson addressed the board on behalf of the applicant. The applicant requested a postponement of the matter to August 13th to allow additional time to resolve outstanding issues related to a density transfer certificate and access concerns.

The board unanimously approved the motion to postpone the item to the August 13th meeting date.

Hamburg East Baptist Health Campus

Identifier: PLN MJDP 20-31

Mr. Nicholson presented on the Hamburg East Baptist Health Campus project 13:47. The applicant requested a two-week postponement of the agenda item to allow time for plan revisions following a staff meeting.

The motion to postpone the item to July 23rd was unanimously approved by the body.

Outcome: The Hamburg East Baptist Health Campus agenda item was postponed to July 23rd.

Distillery District West Unit 1

Identifier: PLN MJDP 20-22

Mr. Southall presented on the Distillery District West Unit 1 project. The applicant requested a one-month postponement of the agenda item to allow additional time to finalize interior use space allocation. 15:25

The motion to postpone the item to August 13th was unanimously approved by the body.

High Lawn Extension

Identifier: PLN FRP 20-00011

The High Lawn Extension item was presented to the board at approximately 17 minutes into the meeting. Mr. Murphy requested a one-month postponement of the agenda item to allow time for research into the property's history.

The board unanimously approved the motion to postpone the matter. The new hearing date was set for August 13th.

Outcome: The item was postponed to August 13th pending the applicant's completion of property history research.

Crossroads Christian Church

Identifier: PLN FRP 19-5

Type: Presentation

Mr. Cayley presented on behalf of Crossroads Christian Church. The applicant requested a two-week postponement of the agenda item to allow additional time for proper notification procedures. According to the request, a notification had been missed in the initial process.

The motion to postpone the item to July 23rd was put forward and received unanimous approval from the body.

Outcome: The agenda item was postponed to July 23rd.

Lexington Mall Property

Identifier: PLNMJDP 20-29

Mr. Cayley presented on the Lexington Mall Property matter. The applicant requested a one-month postponement of the agenda item to August 13th. 20:17

The motion to postpone was unanimously approved.

Outcome: The item was postponed to August 13th.

Cooper Property

The Cooper Property was presented as a consent agenda item (PLNMJDP 20-32) 24:04.

Ms. Wade presented the item, which involved the applicant's request for approval of a revised plan containing minor changes. The motion received unanimous approval and included an EAMP compliance statement.

The item was approved without further discussion.

Windburn Estates Unit 3

Project Identifier: PLNMJDP 19-77

The applicant presented a revised final development plan for Windburn Estates Unit 3, an affordable housing project. 28:00

Staff Recommendation

Staff recommended approval of the project with 14 conditions. A notable amendment was made to condition 13 to include Kentucky Transportation Cabinet (KYTC) access permits as a requirement for the project.

Key Participants

The discussion involved Mr. Martin, Mr. Simpson, Ms. Basta, Mr. Eastridge, and Ramona Vasta.

Outcome

The motion to approve the revised final development plan was unanimously approved by the body.

Dotson Farm Subdivision

The planning board reviewed a revised preliminary subdivision plan for Dotson Farm during this agenda item 1:05:43.

Presentation and Changes

The applicant presented a revised preliminary subdivision plan that included modifications to the lotting configuration and floodplain designations compared to the previous submission.

Key Speakers

Mr. Martin and Mr. Murphy were the primary speakers during discussion of this item.

Staff Recommendation

Staff recommended approval of the revised plan, subject to seven conditions.

Outcome

The motion to approve the Dotson Farm Subdivision was passed unanimously by the planning board.

Belmont Farm Unit 7

The applicant presented a revised preliminary subdivision plan for Belmont Farm Unit 7, with a request for a waiver regarding street setback requirements. 1:15:51

Key speakers on this item included Cheryl and Mr. Smoorstad.

Staff reviewed the proposal and recommended approval of both the revised preliminary subdivision plan and the requested street setback waiver, subject to 11 conditions.

The motions for approval were unanimously approved by the board.

Riddell Plaza

Project Identifier: PLNMJDP 19-71

The commission considered a development plan for Riddell Plaza, a proposed retail building project. 1:28:48

Presentation and Discussion

The applicant presented the development plan to the commission. Key participants in the discussion included Mr. Martin, Mr. Helani, Mr. Cook, Ms. Daley, Ms. Marfell, Mr. Gaffield, and Ms. Clark.

Staff Recommendation

Staff identified stormwater concerns as a significant issue with the proposed development. In response, staff recommended conditional approval with 20 conditions, or alternatively, postponement of the project to allow for further review and modifications.

Commission Action

The commission voted to postpone the Riddell Plaza project to August 13th. The postponement will proceed with 20 conditions that the applicant must address before the project can move forward for further consideration.

Thistle Station

Identifier: PLNMJDP 20-23

The meeting included a presentation on the Thistle Station project, a form-based development plan for an affordable housing project. 3:28:38

Presentation and Recommendation

Mr. Martin and Mr. South Hall presented the proposal to the body. Staff recommended approval of the project with 14 conditions and acceptance of the form-based study.

Outcome

The motion to approve Thistle Station was unanimously approved.

Red Mile Square

The Red Mile Square project (PLNMJDP 2030) was presented to the board as a proposal to add building square footage and change unit types at the location. 3:42:56

Key speakers during the discussion included Cheryl, Mr. Cayley, and Mr. Elliott.

Staff recommended approval of the project with 11 conditions attached to the proposal.

The motion to approve Red Mile Square was passed unanimously by the board.