August 27, 2020

Summary

Meeting Overview

The Urban County Planning Commission met on August 31, 2020, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Mr. Forrester presiding. The Commission conducted business on five agenda items, taking four votes during the session. No public comments were heard during the meeting.

The Commission approved the minutes from three previous meetings held on July 9, July 16, and July 23, 2020. The Commission postponed consideration of PLN MAR 20-2. The Commission approved the Final Subdivision Plan for FRP-20-00035, known as the Wilson Subdivision. The Commission received an informational presentation on the Public Facility Review for the University of Kentucky Child Care Center. The Commission approved the initiation of a Zoning Ordinance Text Amendment concerning tenant homes in agricultural zones.

Attendance

Present: Mr. Forrester, Ms. Plumlee, Mr. Bell, Mr. Penn, Mr. Wilson, Mr. DeMovilland, Mr. Murphy, Mr. Johnson, Mr. Roland, Mr. Neal, Mr. Adkins, Ms. Cunningham, Tracy, and Hal.

Absent: Graham, Wilson, Anthony, Andy, Carolyn, and Tom.

Late: None.

Votes and Decisions

Postponement of PLN MAR 20-2 9:52 Mr. Penn moved to postpone PLN MAR 20-2 to September 24, 2020, seconded by Ms. Plumlee. The motion passed unanimously.

Approval of Wilson Subdivision Final Record Plat (FRP-20-00035) 28:48 Mr. Wilson moved to approve the Wilson Subdivision final record plat, seconded by Mr. DeMovilland. The motion passed unanimously. Staff provided 13 conditions, with condition #9 struck out.

Approval of Waiver for Wilson Subdivision with Findings (FRP-20-00035) 29:21 Mr. Wilson moved to approve a waiver for Wilson Subdivision with findings, seconded by Mr. DeMovilland. The motion passed unanimously. The waiver is subject to construction of a sidewalk and closure of the former driveway entrance.

Initiation of Zoning Ordinance Text Amendment for Tenant Homes in Agricultural Zones 46:58 Mr. Penn moved to initiate a zoning ordinance text amendment for tenant homes in agricultural zones, seconded by Ms. Plumlee. The motion passed unanimously.

Contested Items

Waiver for Sidewalk and Curb Improvements on Woodford Avenue

A disagreement emerged during discussion of a waiver request for sidewalk and curb improvements on Woodford Avenue. The core issue centered on the feasibility and appropriate location for constructing a sidewalk in relation to the applicant's property.

Mr. Penn raised concerns about the proposal to build the sidewalk across the street on another property, questioning the practicality and legality of this approach. However, the applicant clarified that an agreement had been secured with the church located across the street, addressing Penn's concerns about encroachment on another party's land.

Staff members affirmed that the public right-of-way provisions allow for encroachment permits, providing a legal framework for the proposed sidewalk placement. This confirmation from staff helped resolve the technical and legal questions that had prompted the initial objection.

The item resulted in a split vote among the body members, indicating that while some supported the waiver request, others did not reach consensus on the proposal.

Approval of Minutes (July 9, July 16, July 23, 2020)

The Planning Commission approved the minutes from three previous meetings held on July 9, July 16, and July 23, 2020. 6:35

The approval was conducted by consensus with no discussion and unanimous support from the Commission. Key participants in this agenda item included Mr. Forrester and Ms. Plumlee.

Outcome: The minutes were approved.

Postponement of PLN MAR 20-2

7:06

The Commission discussed a request to postpone the public hearing for PLN MAR 20-2. The applicant requested that the hearing be moved from September 10, 2020 to September 24, 2020 to allow additional time to address issues related to Spur Road.

Key Speakers: - Mr. Gross - Mr. Forrester - Mr. Penn

Discussion:

The Commission considered the postponement request and noted scheduling factors that supported the change. The September 10 date was identified as having a fuller agenda, while September 24 was characterized as having a lighter schedule. This timing difference made the later date more feasible for a thorough public hearing.

Outcome:

The Commission agreed to postpone the public hearing for PLN MAR 20-2 from September 10 to September 24, 2020. This postponement provides the applicant with additional time to resolve the outstanding Spur Road-related issues before the hearing takes place.

Final Subdivision Plan: FRP-20-00035, Wilson Subdivision

Staff presented a revised recommendation for the Wilson Subdivision final record plat, which included a waiver request for sidewalk and curb improvements. 10:55

Background

The property was historically developed with two dwelling units. The applicant sought to subdivide the property while maintaining the existing infrastructure.

Staff Recommendation

Staff recommended approval of the final subdivision plan with conditions. The recommendation included:

• Construction of a sidewalk on the east side of Woodford Avenue
• Closure of a driveway at the intersection

Key Participants

The discussion involved Mr. Forrester, Mr. Murphy, Mr. Penn, and Mr. Wilson.

Outcome

The Final Subdivision Plan FRP-20-00035 for the Wilson Subdivision was approved.

Public Facility Review: University of Kentucky Child Care Center

29:54

The University of Kentucky submitted a public facility review for a child care center to be located at 1530 Nicholasville Road on the university's property. The facility would utilize an existing structure that was previously occupied by a senior center.

Facility Purpose and Scope

The child care center is designed to serve UK employees' school-aged children during the pandemic, addressing childcare needs for university staff during this period.

Staff Analysis and Recommendation

Staff members Tracy and Ms. Cunningham presented the review. The analysis concluded that the proposed project aligns with the comprehensive plan and supports key community priorities including education, healthcare, and community vitality.

Conditions

Staff recommended that if the facility continues to operate beyond one year, a playground should be installed on the property.

Outcome

This item was presented for informational purposes and did not require a vote or formal action at this time.

Initiation of Zoning Ordinance Text Amendment: Tenant Homes in Agricultural Zone

46:27

The Planning Commission considered a motion to initiate a zoning ordinance text amendment regarding tenant homes in agricultural zones. This action followed a previous work session discussion on the topic.

Key Participants

Mr. Penn and Ms. Plumlee were the primary speakers on this agenda item.

Action Taken

A motion was made and seconded to initiate the zoning ordinance text amendment for tenant homes in agricultural zones. The Commission voted unanimously to approve the motion.

Outcome

The amendment was approved, advancing the process to the next stage. A public hearing on the proposed text amendment is scheduled for September 24, 2020.