Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on October 8, 2020, at 1:30 p.m. at the Division of Planning, 7th Floor, 101 E. Vine Street, Lexington, Kentucky. Larry Forester presided over the meeting, which included 11 agenda items, 11 motions and votes, and 3 public comments.

The Commission approved 10 of the 11 items on its agenda. Approved projects included PLN-FRP-20-00049 for Crossroads Christian Church (Garden Estates); PLN-MJDP-20-00047 for Investment Properties of Lexington (Campbell House Inn, Lot 2); PLN-MJDP-20-00049 for Yellman's Subdivision (Powerhouse Church of God) on Blackburn Avenue; PLN-MJDP-20-0051 for Queen Estate (University of Kentucky Federal Credit Union); PLN-MJDP-20-0053 for Coldstream Research Campus, Unit 1B, Lot 14B; PLN-MJDP-20-0055 for Cooper Property; PLN-MJDP-20-0056 for Sharkey Property; PLN-MJDP-20-0058 for Eastland Parkway Subdivision; PLN-MJDP-20-0059 for Gateway Lofts (Grogan & Grogan); and PLN-MJDP-20-0017 for Polo Club Center (Sakura Justice Property Unit 6).

One item was postponed: PLN-MJDP-20-0057 for Griffin Gate Office Park.

Attendance

Present: Ivy Barksdale, Headley Bell, Janice Meyer, Anthony de Movellan, Bruce Nicol, Frank Penn, Carolyn Plumlee, Bill Wilson, Jim Duncan, Traci Wade, Tom Martin, Hal Baillie, Cheryl Gallt, Lauren Hedge, Stephanie Cunningham, Debbie Woods, Deepika Eyunni, Hillard Newman, Captain Greg Lengal, Firefighter Embry Beatty, and Tracy Jones.

Absent: Zach Davis and Graham Pohl.

Late: None recorded.

Votes and Decisions

Postponement of PLN-MJDP-19-00074: Blackford Property (Phase 4) 34:56

Motion by Carolyn Plumlee, seconded by Anthony de Movellan. The item was postponed to November 12, 2020 by unanimous vote (9-0).

Postponement of PLN-MJDP-20-00029: Lexington Mall Property, Lot 6-A (LFUCG) (AMD) 36:34

Motion by Carolyn Plumlee, seconded by Anthony de Movellan. The item was postponed to November 12, 2020 by unanimous vote (9-0).

Postponement of PLN-MJDP-20-00060: Sand Lake and Estes Properties, Section 2, Lot 2 (AMD) 39:26

Motion by Bill Wilson, seconded by Carolyn Plumlee. The item was postponed to October 22, 2020 by unanimous vote (9-0).

Postponement of PLN-MJDP-20-00057: Griffin Gate Office Park (AMD) 41:39

Motion by Frank Penn, seconded by Carolyn Plumlee. The item was postponed to November 12, 2020 by unanimous vote (9-0).

Withdrawal of Waiver Request for PLN-MJDP-18-00030: Ethington & Ethington Property, Tract 1 (AMD) 43:53

Motion by Bill Wilson, seconded by Carolyn Plumlee. The waiver request was withdrawn by unanimous vote (9-0).

Postponement of PLN-MJDP-20-00054: Headley, Niven & Vance Property, Lots 1, 2 & 3 (Chick-Fil-A) (AMD) 46:00

Motion by Carolyn Plumlee, seconded by Anthony de Movellan. The item was postponed to November 12, 2020 by unanimous vote (9-0).

Postponement of PLN-MJDP-20-00050: Lexington Mall Property (Planet Fitness Lexington Richmond Road) (AMD) 49:49

Motion by Frank Penn, seconded by Anthony de Movellan. The item was postponed to November 12, 2020 by unanimous vote (9-0).

Approval of Consent Agenda 59:36

Motion by Carolyn Plumlee, seconded by Headley Bell. The consent agenda was approved with the exception of PLN-MJDP-20-0049 Yellman Subdivision by unanimous vote (9-0).

Approval of PLN-MJDP-20-0049: Yellman Subdivision (Powerhouse Church of God) (Blackburn Ave) 1:51:54

Motion by Bruce Nicol, seconded by Headley Bell. The project was approved with 13 conditions by a vote of 7-2. Voting in favor: Ivy Barksdale, Headley Bell, Anthony de Movellan, Bruce Nicol, Frank Penn, Bill Wilson, and Carolyn Plumlee. Voting against: Janice Meyer and Carolyn Plumlee.

Approval of PLN-MJDP-20-0059: Gateway Lofts (Grogan & Grogan) 2:13:25

Motion by Frank Penn, seconded by Anthony de Movellan. The project was approved with 14 conditions and a finding of compliance with B-1 form-based code by unanimous vote (9-0).

Re-approval of PLN-MJDP-20-0017: Polo Club Center (Sakura Justice Property Unit 6) 2:21:13

Motion by Bruce Nicol, seconded by Headley Bell. The project was re-approved with 16 conditions and findings by unanimous vote (9-0).

Public Comment

Three public comments were presented during the meeting regarding the Yellman Subdivision Final Development Plan.

Ms. Jessica Winters — Opposition to Final Development Plan Approval 1:10:15

Ms. Winters objected to the approval of the final development plan, citing concerns about the timing and process of the decision. She argued that approving the plan before the zone change is finalized constitutes premature action and a lack of due process. Her specific concerns included:

• Parking compliance issues
• Right-of-way modifications
• Tree protection measures

Mr. Mark Klar — Technical Concerns 1:22:20

Mr. Klar raised technical questions about the project's infrastructure and parking provisions, specifically:

• Drainage adequacy in the rear yard
• The sufficiency of the parking plan
• Shared parking arrangements and their compliance with zoning requirements

Ms. Jessica Winters — Rebuttal on Parking Compliance 1:36:55

Ms. Winters provided additional comments challenging the parking reduction granted to the applicant. She disputed the applicant's entitlement to a 15% parking reduction, arguing that the property does not meet the qualifying criteria. Her concerns included:

• Insufficient distance from the bus stop to justify the reduction
• Inadequate total parking spaces for the development

Contested Items

Approval of Yellman Subdivision Final Development Plan before Zone Change

A significant dispute arose over the sequencing of approvals for the Yellman Subdivision project. The final development plan was approved before the zone change had been formally approved, which sparked heated discussion during the meeting. Objectors raised concerns about due process, arguing that approving the development plan prematurely undermined proper procedural order. The objectors contended that this action created risk to their appeal rights, as the approval of the plan before the zone change was finalized could limit their ability to challenge the project through appropriate legal channels.

Parking Compliance and Right-of-Way Modifications

Community opposition emerged regarding two related issues with the project's design. First, opponents questioned whether the applicant was entitled to the requested parking reductions, challenging the justification for reducing required parking spaces. Second, objectors raised concerns about the proposed modification to the Blackburn Avenue right-of-way. Critics argued that the modification prioritized vehicle access and movement over pedestrian safety and the preservation of trees along the corridor. This dispute reflected broader concerns about how the project balanced transportation needs with community livability and environmental considerations.

PLN-FRP-20-00049: Crossroads Christian Church (Garden Estates) (AMD)

50:20

The final subdivision plan for Crossroads Christian Church (Garden Estates) was presented for consideration. Key speakers on this agenda item included Traci Wade and Tom Martin.

The subdivision plan was approved with 13 conditions. These conditions included approvals from various city departments and compliance with applicable zoning and environmental regulations.

Outcome: The final subdivision plan was approved.

PLN-MJDP-20-00047: Investment Properties of Lexington (Campbell House Inn, Lot 2)

50:20

The Campbell House Inn, Lot 2 project was presented for discussion and approval. Key speakers included Traci Wade and Tom Martin.

The plan received approval with 13 conditions imposed to address various aspects of the development:

• Landscape buffer requirements
• Cross-access resolution
• Compliance with notification requirements

The conditions were designed to ensure the project met applicable standards and addressed identified concerns before proceeding. The approval was granted contingent upon the applicant's adherence to all 13 specified conditions throughout the development process.

PLN-MJDP-20-00049: Yellman's Subdivision (Powerhouse Church of God) (Blackburn Ave)

1:00:42

The final development plan for Yellman's Subdivision (Powerhouse Church of God) on Blackburn Avenue was discussed and approved with conditions.

Key Speakers

The discussion involved Tom Martin, Chris Clendenin, Jessica Winters, and Mark Klar.

Outcome

The final development plan was approved subject to 13 conditions. One of the conditions required a zone change. The approval was granted despite significant public opposition and debate during the meeting.

Issues Discussed

The discussion included debate over timing and compliance matters related to the development plan. Public opposition was raised during the agenda item, indicating concerns from community members about the proposed subdivision.

PLN-MJDP-20-0051: Queen Estate (University of Kentucky Federal Credit Union)

50:20

The Queen Estate project for University of Kentucky Federal Credit Union was presented for discussion and approval. Key speakers on this agenda item included Traci Wade and Tom Martin.

The plan was approved with 13 conditions attached to the decision. The conditions required the project to comply with Newtown Pike Corridor Design Standards. Additionally, the approval was contingent upon resolution of building façade issues and street improvement matters.

The project received approval from the body.

PLN-MJDP-20-0053: Coldstream Research Campus, Unit 1B, Lot 14B (AMD)

50:20

The plan for Coldstream Research Campus, Unit 1B, Lot 14B was presented for discussion and approval. Key speakers on this agenda item included Traci Wade and Tom Martin.

The proposal was approved with 16 conditions attached to the decision. These conditions included:

• Approval from the Royal Spring Aquifer Water Supply Protection Committee
• Revisions to building setbacks
• Revisions to access arrangements

The outcome of the discussion was approval of the plan, contingent upon satisfaction of all specified conditions.

PLN-MJDP-20-0055: Cooper Property (A Portion of Cope, Mitchell & Cooper Property)

50:20

The Cooper Property project, identified as PLN-MJDP-20-0055 and involving a portion of the Cope, Mitchell & Cooper Property, was presented for discussion and approval.

Key Speakers

Traci Wade and Tom Martin led the discussion on this agenda item.

Outcome

The plan was approved with 13 conditions. The conditions included compliance with the Environmental Assessment and Mitigation Plan (EAMP) and specific requirements regarding the timing of fence installation.

PLN-MJDP-20-0056: Sharkey Property, Unit 1, Lot 10A (A Portion of) Unit 4, Section 2 (AMD)

50:20

This agenda item involved discussion of a plan amendment for the Sharkey Property, specifically addressing Unit 1, Lot 10A (a portion of) Unit 4, Section 2.

Key Speakers

Traci Wade and Tom Martin presented and discussed this item.

Outcome

The plan was approved with 9 conditions imposed. The conditions included requirements for compliance with water quality and waste management standards.

PLN-MJDP-20-0057: Griffin Gate Office Park (AMD)

40:00

This agenda item addressed an amendment to the Griffin Gate Office Park development plan. The discussion was led by Tom Martin and Scott Southall.

Concerns Raised

The plan was postponed due to two primary concerns:

• Parking compliance: Questions were raised regarding whether the project met parking requirements and standards.
• Storage building use: There were concerns about the proposed use of a storage building within a professional office zone, raising questions about zoning compliance and appropriateness for the designated area.

Outcome

The plan was postponed, indicating that the applicant will need to address the identified concerns before the item can be reconsidered by the body.

PLN-MJDP-20-0058: Eastland Parkway Subdivision

50:20

The Eastland Parkway Subdivision plan was presented for discussion and decision. Key speakers on this item included Traci Wade and Tom Martin.

The plan was approved with 11 conditions. These conditions addressed green infrastructure requirements and included specifications regarding the timing of an access maintenance agreement.

The item was classified as a discussion item and resulted in approval of the subdivision plan.

PLN-MJDP-20-0059: Gateway Lofts (Grogan & Grogan)

1:53:03

The Gateway Lofts project by Grogan & Grogan was presented for discussion and approval. Key speakers included Tom Martin, Will Kirk, and Ryan Pearson.

The project was approved with 14 conditions. The plan demonstrated compliance with the B-1 form-based code requirements. Notable conditions included provisions for stormwater management and pedestrian access improvements.

Outcome: The project was approved.

PLN-MJDP-20-0017: Polo Club Center (Sakura Justice Property Unit 6)

2:15:00

The plan for Polo Club Center (Sakura Justice Property Unit 6) was re-approved with 16 conditions. Key speakers on this agenda item included Lauren Hedge, Johan Graham, and Steve Garland.

The re-approval included the following conditions:

• Retaining wall height requirements
• Note corrections
• Environmental Assessment and Mitigation Plan (EAMP) compliance

The outcome of the discussion was approval of the project.