Planning Commission Subdivision Meeting

Summary

Meeting Overview

The Urban County Planning Commission met on July 8, 2021, at 1:30 p.m. via video teleconference, with Larry Forester presiding. The Commission addressed six agenda items and took eight votes during the session. Two members of the public provided comments during the meeting.

The Commission approved the minutes from the previous meeting and approved postponements or withdrawals. On substantive matters, the Commission approved the Highwood Center, Lot 2-A (Walmart) project but denied the Copper Creek Subdivision proposal. The Commission also denied two Board of Adjustment Review (BOAR) cases: BOAR 2021-2 involving Jessica and Gary Houck, and BOAR 2021-3 involving Ray Perry.

Attendance

Present: Headley Bell, Zach Davis, Larry Forester, Janice Meyer, Bruce Nicol, Frank Penn, and Graham Pohl

Absent: Ivy Barksdale and Anthony de Movellan

Late: None reported

Votes and Decisions

Approval of Minutes

The board unanimously approved the minutes from May 13, 2021, and June 10, 2021. The motion was made by Headley Bell and seconded by Bruce Nicol. The vote passed 7-0 with 1 abstention.

Postponements to August 12, 2021

Three items were unanimously postponed to the August 12, 2021 meeting:

• PLN-FRP-21-00028: Bluegrass Business Park (Pemberton Farm) – Motion by Frank Penn, seconded by Graham Pohl. Vote: 7-0.
• PLN-MJSUB-21-00001: Belmont Farm, Unit 7 (Coventry) – Motion by Janice Meyer, seconded by Graham Pohl. Vote: 7-0.
• PLN-MJDP-21-00030: Greathouse Property (The Village at Great Acres) – Motion by Graham Pohl, seconded by Zach Davis. Vote: 7-0.

Copper Creek Subdivision

PLN-MJSUB-21-00003: A motion for disapproval of Copper Creek Subdivision (Wynndale Development, LLC Property) failed. Motion by Graham Pohl, seconded by Headley Bell. Roll call vote: 6 ayes, 0 nays, 1 abstention. Voting in favor were Headley Bell, Zach Davis, Larry Forester, Bruce Nicol, Frank Penn, and Graham Pohl.

Highwood Center, Lot 2-A (Walmart)

PLN-MJDP-21-00029: The board unanimously approved Highwood Center, Lot 2-A (Walmart) with 19 conditions as presented. Motion by Headley Bell, seconded by Zach Davis. Vote: 7-0.

Board of Architectural Review Appeals

Two disapproval motions for architectural review appeals failed:

• BOAR 2021-2: Disapproval of appeal for Jessica and Gary Houck regarding window replacement. Motion by Bruce Nicol, seconded by Graham Pohl. Roll call vote: 6 ayes, 0 nays, 1 abstention. Voting in favor were Headley Bell, Zach Davis, Larry Forester, Bruce Nicol, Frank Penn, and Graham Pohl.

• BOAR 2021-3: Disapproval of appeal for Ray Perry regarding vinyl siding. Motion by Bruce Nicol, seconded by Zach Davis. Roll call vote: 6 ayes, 1 nay, 0 abstentions. Voting in favor were Headley Bell, Zach Davis, Larry Forester, Bruce Nicol, Frank Penn, and Graham Pohl. Bruce Bell voted against.

Public Comment

Two members of the public provided comments during the meeting.

Jessica Houck addressed a window replacement appeal. She expressed willingness to modify the installed windows to meet historical guidelines by working with Pella to change the upper sash and brick mold.

Kimberly Perry spoke regarding a vinyl siding appeal. She explained that they were unaware of the historic district designation at the time they installed vinyl siding. Perry noted that the siding was installed to encase asbestos siding for safety reasons.

Appointments

The following appointments and reappointments were made during the meeting:

• Larry Forester was reappointed to the position of Chair
• Frank Penn was reappointed to the position of Vice Chair
• Janice Meyer was appointed to the position of Secretary
• Zach Davis was appointed to the position of Parliamentarian

Contested Items

Copper Creek Subdivision

The Copper Creek Subdivision plan faced community opposition and was ultimately disapproved. The primary issues centered on greenway access and compliance with subdivision regulations. These concerns were significant enough to result in the plan's rejection.

Vinyl Siding Appeal for Ray Perry

Ray Perry's appeal for vinyl siding was denied. The appeal was contested due to the existing prohibition of vinyl siding in the historic district. Although the appellant raised environmental concerns as justification for the request, these arguments were not sufficient to override the district's established regulations against vinyl siding.

Approval of Minutes

The Planning Commission considered and approved the minutes from two previous meetings held on May 13, 2021, and June 10, 2021. Key speakers on this agenda item included Headley Bell and Bruce Nicol.

The minutes were approved without noted objections or concerns raised during the discussion.

Postponements or Withdrawals

The meeting included consideration of postponement requests for several subdivision plans. Frank Penn and Graham Pohl led the discussion on this agenda item.

Three subdivision plans were addressed:

• Bluegrass Business Park
• Belmont Farm
• Greathouse Property

All postponement requests were approved by the meeting participants.

Copper Creek Subdivision

The Planning Commission discussed and ultimately denied the Copper Creek Subdivision plan. The discussion involved Tracy Wade and Bruce Simpson as key speakers.

The primary issues leading to the disapproval centered on two main concerns:

• Greenway access — The subdivision plan did not adequately address or provide proper access to greenway areas
• Subdivision regulation compliance — The proposal failed to meet required compliance standards under subdivision regulations

The Commission determined that these deficiencies were significant enough to warrant denial of the subdivision plan as presented.

Highwood Center, Lot 2-A (Walmart)

The Planning Commission discussed and approved an amendment to the Highwood Center, Lot 2-A (Walmart) project. The amendment involved modifications to building square footage and revisions to parking spaces and circulation patterns for the site.

Key speakers on this item included Cheryl Gallt and Dean Carlson.

The Planning Commission approved the amendment with 19 conditions attached to the approval. These conditions were designed to address various aspects of the project including site design, parking, and circulation requirements.

The outcome of the discussion was approval of the proposed amendment to the Highwood Center, Lot 2-A (Walmart) project.

BOAR 2021-2: Jessica and Gary Houck

The Planning Commission considered an appeal regarding the disapproval of a Certificate of Appropriateness for window replacement at 255 Delmar Avenue.

Key Participants

The discussion involved Hal Bailey and Jessica Houck as key speakers.

Matter Under Review

The appeal concerned a Certificate of Appropriateness that had been disapproved for window replacement work proposed at the property located at 255 Delmar Avenue.

Outcome

The appeal was denied.

BOAR 2021-3: Ray Perry

The Planning Commission considered an appeal regarding the disapproval of a Certificate of Appropriateness for vinyl siding at 347 Oldham Avenue.

Key Speakers

The discussion involved Hal Bailey and Kimberly Perry.

Outcome

The appeal was denied.