Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on August 11, 2022, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Larry Forester presiding as the presiding officer. The commission addressed 12 agenda items during the session, taking 13 motions and votes throughout the meeting while hearing 4 public comments from attendees.

The commission accomplished significant business during the session, approving 7 items including routine matters such as minutes and performance bonds, as well as several development-related proposals. Notable approvals included Park Hills Subdivision Unit 1-C Lot 3, Lakeview Plaza Lot 3-A, the Hoover & Ford Philpot Evangelistic Association Property, Pierson & Trapp Company Tract 1, and Park Hills Shopping Center. The commission also approved performance bonds and letters of credit as part of their regular administrative duties.

However, the meeting saw multiple postponements, with 4 agenda items being deferred to future meetings. These postponed items included the Shriners Hospital/Masonic Temple Association of Lexington Kentucky matter, Ethington and Ethington Tract 1, Hymson Properties Lots 7-15, and Featheridge Park Units 5-A and 5-B. The reasons for these postponements were not specified in the available data.

The session concluded with an informational presentation regarding the Fayette County Public Schools Career & Technical Education Center, which did not require commission action but provided updates to commissioners and the public. The combination of approvals, postponements, and informational items reflected a typical working session for the planning commission as they balanced immediate decisions with the need for additional review on more complex matters.

Attendance

The following members were present at the August 11, 2022 meeting:

• Larry Forester
• Frank Penn
• Zach Davis
• Judy Worth
• Anthony de Movellan
• Robin Michler
• Janice Meyer
• Graham Pohl
• Ivy Barksdale

No members were recorded as absent from the meeting.

Ivy Barksdale arrived late to the meeting.

Votes and Decisions

The meeting included 13 votes, with all motions passing unanimously except for the approval of July 14, 2022 minutes which had 2 abstentions.

Administrative Items The commission first approved the July 14, 2022 minutes 0:30 on a motion by Judy Worth, seconded by Frank Penn. The vote was 6 ayes, 0 nays, and 2 abstentions, with Larry Forester, Frank Penn, Judy Worth, Anthony de Movellan, Robin Michler, and Janice Meyer voting in favor.

Performance bonds and letters of credit were approved 1:30 on a motion by Frank Penn, seconded by Anthony de Movellan, with all 9 members voting unanimously in favor.

Postponements Four development projects were postponed unanimously: - PLN-MJDP-21-00055 (Shriners Hospital / Masonic Temple Association) postponed to September 8, 2022 3:00 - PLN-MJDP-22-00043 (Ethington and Ethington Tract 1) postponed to August 25, 2022 5:00 - PLN-MJDP-22-00040 (Hymson Properties, Lots 7-15) postponed to September 8, 2022 7:00 - PLN-MJDP-22-00041 (Featheridge Park, Unit 5-A and 5-B) postponed to September 8, 2022 9:00

Development Approvals Seven development projects received unanimous approval with conditions: - PLN-FRP-22-00028 (Park Hills Subdivision Unit 1-C, Lot 3) with 9 staff-recommended conditions 12:00, plus an associated waiver 13:00 - PLN-MJDP-22-00031 (Lakeview Plaza Lot 3-A) with 14 revised conditions 15:00 - PLN-MJDP-22-00035 (Hoover & Ford Philpot Evangelistic Association Property) with 15 staff-recommended conditions 18:00 - PLN-MJDP-22-00036 (Pierson & Trapp Company Tract 1) with 12 revised conditions 21:00 - PLN-MJDP-22-00042 (Park Hills Shopping Center) with 9 conditions 24:00

Public Facilities Review PFR 2022-6 found the Fayette County Public Schools Career & Technical Education Center in accordance with the comprehensive plan 27:00 on a motion by Frank Penn, seconded by Judy Worth.

All votes included the same nine members: Larry Forester, Frank Penn, Zach Davis, Judy Worth, Anthony de Movellan, Robin Michler, Janice Meyer, Graham Pohl, and Ivy Barksdale.

Public Comment

During the public comment period, one resident addressed multiple concerns to the board.

Dottie Bean spoke on four separate occasions throughout the meeting, focusing primarily on traffic and development issues in the community.

• Traffic at Park Hills Shopping Center 14:00 - Bean expressed concerns about traffic issues and safety at the Park Hills Shopping Center, specifically questioning the impact of the proposed right-in/right-out access configuration.

• Lakeview Plaza Drive-Thru Concerns 16:00 - Bean raised objections to adding a drive-thru facility to Lakeview Plaza, citing existing traffic problems in the surrounding area.

• Follow-up on Park Hills Shopping Center 25:00 - Bean returned to reiterate her concerns about the traffic and safety implications of the proposed changes at Park Hills Shopping Center, emphasizing the potential negative impacts on the community.

• Fayette County Public Schools CTE Center 28:00 - Bean shifted focus to ask questions about the zoning and tax implications of the new Career and Technical Education (CTE) Center. She expressed particular concern about the lack of property tax revenue that would be generated by the facility.

Bean's comments demonstrated ongoing community concern about traffic management and the fiscal impact of new developments, with particular attention to how proposed changes might affect both safety and municipal revenue streams.

Contested Items

Two traffic-related concerns were raised by community members during the meeting, both involving commercial development projects and their potential impact on local traffic patterns.

Park Hills Shopping Center Access

Community member Dottie Bean voiced opposition to the proposed right-in/right-out access configuration at Park Hills Shopping Center. Bean expressed concerns about the traffic and safety implications this access design would create for the surrounding area. The nature of her objections centered on how the restricted turning movements might affect traffic flow and create safety hazards for drivers and pedestrians in the vicinity of the shopping center.

Lakeview Plaza Drive-Thru Addition

Bean also raised concerns about a proposed drive-thru addition to Lakeview Plaza. Her opposition was based on existing traffic issues in the area, arguing that adding a drive-thru facility would exacerbate current traffic problems. Bean's concerns focused on how the additional vehicle movements associated with drive-thru operations would compound already problematic traffic conditions at the plaza location.

Both contested items involved the same community member raising traffic and safety concerns about commercial development proposals. The objections highlighted ongoing community concerns about traffic management and the cumulative impact of commercial developments on local transportation infrastructure. No specific outcomes or resolutions for these contested items were indicated in the available meeting data.

Approval of Minutes

0:30

The commission reviewed and approved the minutes from their July 14, 2022 meeting. Larry Forester participated in the discussion of this agenda item.

The minutes were approved without recorded objections or amendments.

Performance Bonds and Letters of Credit

1:30

The commission reviewed and discussed performance bonds and letters of credit during this agenda item. Frank Penn presented the staff's recommendations regarding these financial instruments to the commission members.

The discussion focused on the performance bonds and letters of credit that had been prepared and reviewed by staff prior to the meeting. These financial instruments typically serve as guarantees for project completion and contractor performance on municipal projects and developments.

Frank Penn provided the commission with details about the specific bonds and letters of credit under consideration, though the specific projects or amounts were not detailed in the available materials. The presentation appeared to be routine in nature, suggesting these were standard financial instruments requiring commission approval as part of regular municipal business.

No significant concerns or objections were raised during the discussion of this item. The commission members appeared satisfied with the staff's preparation and presentation of the performance bonds and letters of credit materials.

Following the presentation and brief discussion, the commission voted to approve the performance bonds and letters of credit as presented by staff. The approval allows the relevant projects or contracts associated with these financial instruments to proceed according to their established timelines and requirements.

This action represents standard municipal oversight of financial guarantees that protect the city's interests in various development and construction projects within the jurisdiction.

Shriners Hospital / Masonic Temple Association of Lexington Kentucky

3:00

The commission addressed agenda item PLN-MJDP-21-00055 regarding the Shriners Hospital / Masonic Temple Association of Lexington Kentucky development plan. Bruce Simpson served as the key speaker for this discussion.

The primary focus of the meeting centered on the decision to postpone the Shriners Hospital plan to allow additional time for discussions with neighboring property owners and community members. The postponement was deemed necessary to address concerns and facilitate further dialogue between the applicant and affected neighbors.

The commission determined that more time was needed to work through issues that had been raised regarding the proposed development. Rather than proceeding with the review process, the commission opted to delay consideration of the plan to ensure that all stakeholders had adequate opportunity to engage in meaningful discussions about the project's impact on the surrounding area.

The outcome of this agenda item was a formal postponement, allowing the Shriners Hospital / Masonic Temple Association of Lexington Kentucky to continue working with neighbors to address any outstanding concerns before returning to the commission for further review. This approach reflects the commission's commitment to ensuring thorough community input and stakeholder engagement in the development review process.

The postponement provides an opportunity for the applicant to refine their proposal based on neighbor feedback and potentially resolve issues that might otherwise complicate the approval process during future commission meetings.

Ethington and Ethington Tract 1

5:00

The commission considered agenda item PLN-MJDP-22-00043, the Ethington and Ethington Tract 1 development plan. Matt Carter served as the key speaker for this discussion.

The primary focus of the meeting centered on the need to postpone the project to allow for completion of a required traffic study. The commission determined that proceeding without this traffic analysis would be premature, as the study is necessary to properly evaluate the development's potential impact on local transportation infrastructure.

The outcome of the discussion was a postponement of the Ethington and Ethington Tract 1 plan. This delay will provide the necessary time for the traffic study to be conducted and completed, ensuring that the commission has all relevant data before making a final decision on the development proposal.

No further details about the specific nature of the development, the scope of the traffic study, or the timeline for completion were provided in the available meeting materials.

Hymson Properties, Lots 7-15

7:00

The commission discussed agenda item PLN-MJDP-22-00040 regarding the Hymson Properties development plan for Lots 7-15. Rory Kahly served as the key speaker for this item.

The primary focus of the discussion centered on the need to postpone the Hymson Properties plan due to unresolved issues with the access easement configuration. The commission determined that additional time was required to properly address and resolve the easement matters before the plan could move forward for approval.

The commission ultimately decided to postpone consideration of the Hymson Properties plan until the access easement configuration issues could be adequately resolved. No further action was taken on this item during the meeting.

Featheridge Park, Unit 5-A and 5-B

9:00

The commission discussed agenda item PLN-MJDP-22-00041 regarding Featheridge Park, Unit 5-A and 5-B. Rory Kahly served as the key speaker for this item.

The commission addressed the need to postpone the Featheridge Park development plan due to significant technical issues that required resolution before proceeding. The primary concerns centered on easement conflicts and floodplain issues that had been identified during the review process.

These complications necessitated additional time for the applicant and staff to work through the technical challenges and ensure compliance with applicable regulations. The easement conflicts likely involved questions about property boundaries, access rights, or utility easements that needed clarification or resolution. The floodplain issues suggested potential concerns about development in areas subject to flooding, which would require careful analysis and possibly design modifications to meet flood management requirements.

Given the complexity of these technical matters, the commission determined that postponement was the appropriate course of action rather than attempting to move forward with unresolved issues that could impact the viability and safety of the proposed development.

The outcome of this discussion was the postponement of the Featheridge Park, Unit 5-A and 5-B plan, allowing time for the identified easement and floodplain concerns to be properly addressed before the item returns to the commission for further consideration.

Park Hills Subdivision Unit 1-C, Lot 3

12:00

The commission reviewed application PLN-FRP-22-00028 for the Park Hills Subdivision Unit 1-C, Lot 3 development proposal. The item was presented as a discussion item requiring commission action.

Key speakers during the discussion included Tom Martin and Adam Bender, who provided details about the subdivision plan and addressed questions from commissioners.

The primary focus of the discussion centered on access requirements for the subdivision. The applicant requested a waiver for right-in/right-out access, which became a significant point of consideration during the review process. This type of access restriction typically limits traffic movements to entering and exiting in specific directions only.

The commission evaluated the subdivision plan against applicable development standards and regulations. After reviewing the proposal and considering the access waiver request, the commission determined that the plan met the necessary requirements for approval.

The commission ultimately approved the Park Hills Subdivision Unit 1-C, Lot 3 application with conditions. The approval included granting the requested waiver for right-in/right-out access, allowing the development to proceed with the proposed traffic access configuration.

The conditional approval indicates that specific requirements or modifications must be met before final development can proceed, though the specific conditions were not detailed in the available information.

Lakeview Plaza Lot 3-A

15:00

The commission reviewed and discussed agenda item PLN-MJDP-22-00031 for the Lakeview Plaza Lot 3-A development plan. Key speakers during the discussion included Cheryl Gallt and Jordan Zickafoose, who presented details about the proposed development.

The commission examined the Lakeview Plaza plan, focusing on several aspects of the proposed development. During the discussion, commissioners raised concerns about traffic impacts and drive-thru access arrangements for the project. These traffic-related issues appeared to be primary points of consideration as the commission evaluated the development proposal.

Following the presentation and discussion of concerns, the commission worked to address the identified issues through revised conditions for the project. The modifications were intended to mitigate the traffic and access concerns that had been raised during the review process.

After considering the revised conditions and addressing the concerns about traffic flow and drive-thru access, the commission ultimately approved the Lakeview Plaza Lot 3-A development plan. The approval came with the understanding that the revised conditions would be incorporated into the final project requirements to ensure proper traffic management and access control for the development.

Hoover & Ford Philpot Evangelistic Association Property

18:00

The commission reviewed application PLN-MJDP-22-00035 for the Hoover & Ford Philpot Evangelistic Association Property development plan. The agenda item focused on proposed revisions to the development project.

Key speakers during the discussion included Tom Martin and Matt Carter, who presented details about the development plan and addressed questions from commission members.

The commission ultimately approved the Hoover & Ford Philpot Evangelistic Association Property plan, though the approval came with attached conditions. The specific nature of these conditions and the details of the development revisions discussed were not detailed in the available meeting materials.

The approval represents the commission's endorsement of the proposed development changes for the evangelistic association's property, subject to the stipulated requirements that must be met as part of the project's implementation.

Pierson & Trapp Company Tract 1

21:00

The commission reviewed and discussed application PLN-MJDP-22-00036 for the Pierson & Trapp Company Tract 1 development plan. Key speakers during the discussion included Cheryl Gallt and Worth Ellis, who presented details and addressed commission questions about the proposed tract development.

The discussion centered on revisions to the original plan conditions, with particular attention paid to parking requirements and utility easement provisions. Commission members examined how these revised conditions would impact the overall development and ensure compliance with local planning standards.

The applicant and staff worked through specific technical aspects of the tract layout, addressing concerns about infrastructure placement and access requirements. The revised conditions were presented as improvements to the original proposal that would better serve both the development and surrounding area needs.

After reviewing the presentation materials and discussing the revised conditions, the commission voted to approve the Pierson & Trapp Company Tract 1 plan. The approval included the incorporation of the revised conditions that had been negotiated to address parking and utility easement issues identified during the review process.

The successful approval allows the development to move forward under the agreed-upon conditions, with the understanding that the revised terms adequately address the planning and infrastructure concerns that were raised during the application review.

Park Hills Shopping Center

24:00

The commission reviewed agenda item PLN-MJDP-22-00042 for the Park Hills Shopping Center development plan. The discussion centered on the proposed shopping center project and necessary infrastructure improvements to support the development.

Key speakers during the discussion included Tom Martin and Adam Bender, who presented details about the project and addressed commission concerns. The primary focus of the debate was on traffic access improvements that would be required to accommodate the increased vehicle flow from the shopping center.

The commission examined various aspects of the development plan, with particular attention paid to how the new retail facility would impact existing traffic patterns in the area. Discussion included the adequacy of proposed access points and whether additional traffic management measures would be necessary.

After reviewing the presentation materials and discussing the project's implications, the commission voted to approve the Park Hills Shopping Center plan. However, the approval came with specific conditions that must be met, primarily related to the traffic access improvements that were identified as essential for the project's success.

The conditional approval indicates that while the commission supported the overall development concept, they required assurances that proper infrastructure enhancements would be implemented to mitigate potential traffic concerns. The specific conditions of approval were tied to ensuring adequate vehicular access and traffic flow management for the proposed shopping center location.

Fayette County Public Schools Career & Technical Education Center

27:00

The commission reviewed PFR 2022-6, a proposal for the Fayette County Public Schools Career & Technical Education Center involving the renovation and reuse of an existing building. The presentation was delivered by Jim Duncan and a representative from Element Design.

The project focuses on repurposing an existing structure to serve as a Career & Technical Education Center for Fayette County Public Schools. The Element Design representative provided details on the renovation plans and how the facility would be adapted to meet the educational needs of the technical education program.

During the review, the commission evaluated whether the proposed renovation and reuse aligned with the county's comprehensive plan guidelines. The discussion centered on the adaptive reuse of the existing building rather than new construction, which represents a sustainable approach to meeting the school district's facility needs.

Following their review of the project materials and presentation, the commission determined that the Career & Technical Education Center proposal was in accordance with the comprehensive plan. This finding indicates that the renovation project meets the planning standards and development guidelines established for the area.

The agenda item was classified as informational, meaning no formal action was required from the commission beyond their review and determination of compliance with planning requirements. The positive finding allows the school district to proceed with their renovation plans for the Career & Technical Education Center facility.