Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on January 12, 2023, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky. The commission addressed 14 agenda items during the session, taking a total of 13 votes on various planning and zoning matters. The meeting included several postponements of major development projects, approvals of subdivision plats and development plans, and one denial of an appeal regarding solar panel installation. No public comments were heard during this meeting, and no presentations were given to the commission.

Attendance

The following members were present at the January 12, 2023 meeting:

• Larry Forester
• Anthony de Movellan
• Janice Meyer
• Zach Davis
• Headley Bell
• Bruce Nicol
• Ivy Barksdale
• Robin Michler
• Graham Pohl
• Judy Worth

Absent: Mr. Penn

Late arrivals: None

A total of 10 members were present for the meeting, with one member absent.

Votes and Decisions

The meeting included 13 votes, all conducted by roll call with unanimous or near-unanimous outcomes.

Administrative Items The commission approved the December 8, 2022 minutes 0:30 on a motion by Ms. Worth, seconded by Mr. Bell. The vote was 9 ayes, 0 nays, and 1 abstention, with Larry Forester, Anthony de Movellan, Zach Davis, Headley Bell, Bruce Nicol, Ivy Barksdale, Robin Michler, Graham Pohl, and Judy Worth voting in favor.

The January bond memos were approved 30:00 on a motion by Mr. Davis, seconded by Mr. Bell, with all 10 members voting in favor. The amended consent agenda was also approved unanimously 35:00 on a motion by Mr. Pohl, seconded by Ms. Worth.

Postponements Five development cases were postponed unanimously: - PLN-MJDP-22-00062 (Hoover & Ford Philpot Evangelistic Association Property) was postponed to January 26, 2023 5:30 - PLN-MAR-22-00023 (IVCP Athens South LLC Zoning Map Amendment) was postponed to January 26, 2023 10:00 - PLN-MJDP-18-00004 (Triple Stars Property) was postponed to February 9, 2023 15:00 - PLN-MJDP-22-00074 (Lexington Mall, Lot 6A) was postponed to February 9, 2023 20:00 - PLN-MJDP-22-00079 (Coleman Property Hampton Inn & Suites) was postponed to February 9, 2023 25:00

Approvals Four development projects received unanimous approval: - PLN-FRP-22-00042 (Loudon Park Addition, Block 15, Lot 2) 40:00 - PLN-FRP-22-00050 (Sebastian Property, Unit 3-G) with waiver approval 45:00 - PLN-MNSUB-22-00050 (Willis & Justin Sautter, 1974 Trusts) with waiver approval 50:00 - PLN-MJDP-22-00078 (Shadow Wood, Phase II) subject to 12 conditions and BOA variance approval 55:00

Appeal Decision The commission unanimously disapproved an appeal for solar panels at 137 S Hanover Avenue 1:00:00 on a motion by Mr. Pohl, seconded by Mr. Bell.

Appointments

The meeting addressed one appointment matter involving the Planning Commission.

William Wilson resigned from his position on the Planning Commission. No additional details were provided regarding the timing or reasons for the resignation, nor were any replacement appointments discussed during this meeting.

Contested Items

The primary contested item during this meeting centered on an appeal regarding solar panel installation at 137 S Hanover Avenue. The commission engaged in a heated discussion about whether the Board of Architectural Review had made an error in their decision to disapprove the installation of solar panels on the front porch roof of the property.

The disagreement focused on the Board of Architectural Review's original determination to deny the solar panel installation. Commission members debated the merits of this decision, examining whether the board had properly considered all relevant factors in their review process. The discussion involved detailed analysis of the architectural and aesthetic implications of placing solar panels on the front-facing porch roof of the property.

The nature of the debate was characterized as particularly intense, with commissioners thoroughly examining the original decision-making process and the criteria used by the Board of Architectural Review. The appeal required the commission to evaluate whether proper procedures had been followed and whether the denial was justified based on applicable guidelines and regulations.

While the extracted data indicates this was a significant point of contention that generated substantial discussion among commission members, the specific outcome of the appeal and the final decision reached by the commission is not detailed in the available information. The heated nature of the discussion suggests there were differing viewpoints among commissioners regarding the appropriateness of the Board of Architectural Review's original disapproval of the solar panel installation.

Approval of Minutes

The commission reviewed and approved the minutes from their December 8, 2022 meeting during this agenda item 0:30.

Ms. Worth and Mr. Bell were the key speakers who participated in the discussion of the minutes. The commission members examined the documentation from the previous meeting to ensure accuracy and completeness before proceeding with formal approval.

Following their review and discussion, the commission voted to approve the minutes from the December 8, 2022 meeting. No significant concerns or corrections were raised during the review process, allowing for a straightforward approval of the official record.

Resolution for Former Planning Commission Member

2:00

The commission recognized the service of former Planning Commission member William Wilson through a formal resolution of appreciation. Mr. Davis presented the resolution on behalf of the commission.

The resolution acknowledged Mr. Wilson's dedicated service to the Planning Commission and his contributions to the citizens of Lexington-Fayette County. The presentation served as a formal recognition of his tenure and commitment to the planning process in the community.

This was an informational item with no action required from the commission. The resolution represents the commission's standard practice of formally recognizing departing members who have served the community through their volunteer participation on the Planning Commission.

Postponement of HOOVER & FORD PHILPOT EVANGELISTIC ASSOCIATION PROPERTY

5:30

The commission considered agenda item PLN-MJDP-22-00062 regarding the HOOVER & FORD PHILPOT EVANGELISTIC ASSOCIATION PROPERTY amendment. The primary discussion centered on a request to postpone consideration of this item.

Mr. Pohl and Mr. de Movellan were the key speakers during this brief discussion. The commission members addressed the need for additional time to review the proposed amendment before making a final determination.

The commission ultimately approved a two-week postponement for the HOOVER & FORD PHILPOT EVANGELISTIC ASSOCIATION PROPERTY matter. This postponement will allow staff and commissioners additional time to review the details of the proposed amendment and ensure proper consideration of all relevant factors.

The item will return to the commission's agenda in two weeks for further discussion and potential action. No substantive debate on the merits of the underlying property amendment occurred during this meeting, as the focus remained solely on the procedural matter of the postponement request.

Postponement of IVCP ATHENS SOUTH LLC ZONING MAP AMENDMENT

10:00

The commission considered a request to postpone agenda item PLN-MAR-22-00023, the IVCP ATHENS SOUTH LLC ZONING MAP AMENDMENT.

Mr. de Movellan and Mr. Bell were the key speakers during the discussion of this postponement request. The commission deliberated on whether to grant additional time for the zoning map amendment application.

Following their discussion, the commission approved a two-week postponement for the IVCP ATHENS SOUTH LLC ZONING MAP AMENDMENT. This delay will allow additional time for the applicant or staff to address any outstanding issues before the item returns to the commission for consideration.

The postponement was granted without significant opposition, and the item will be rescheduled for a future meeting date approximately two weeks from the current session.

Postponement of TRIPLE STARS PROPERTY

15:00

The commission considered a request to postpone agenda item PLN-MJDP-18-00004, the TRIPLE STARS PROPERTY amendment.

Key speakers during this discussion included Mr. Pohl and Ms. Worth, who addressed the commission regarding the postponement request.

The commission ultimately approved a one-month postponement for the TRIPLE STARS PROPERTY matter. The specific reasons for the postponement and details of the discussion were not provided in the available materials, but the commission reached consensus to delay consideration of this property amendment by one month.

The outcome was a formal postponement of PLN-MJDP-18-00004, allowing additional time before the commission will take up this agenda item for full consideration.

Postponement of LEXINGTON MALL, LOT 6A (TIDAL WAVE AUTO SPA)

20:00

The commission considered a postponement request for agenda item PLN-MJDP-22-00074, concerning the Lexington Mall, Lot 6A development for Tidal Wave Auto Spa.

Mr. de Movellan and Ms. Meyer served as the key speakers during this discussion. The commission reviewed the request for a one-month postponement of the amendment related to the auto spa development project at the Lexington Mall location.

The commission approved the postponement request, allowing additional time for the project review process. No specific concerns or objections were noted during the brief discussion of this procedural matter.

The outcome was a formal postponement of the Lexington Mall, Lot 6A (Tidal Wave Auto Spa) amendment for one month, moving the item to a future commission meeting for full consideration.

Postponement of COLEMAN PROPERTY (NEWTOWN PIKE HAMPTON INN & SUITES)

25:00

The commission considered a postponement request for the Coleman Property development project, identified as PLN-MJDP-22-00079, which involves a proposed Hampton Inn & Suites on Newtown Pike.

Mr. de Movellan and Ms. Barksdale were the key speakers during the discussion of this agenda item. The commission reviewed the request to delay consideration of the amendment for the Coleman Property development.

Following the discussion, the commission approved a one-month postponement for the Coleman Property (Newtown Pike Hampton Inn & Suites) amendment. This postponement will allow additional time for review or resolution of outstanding issues related to the proposed hotel development project.

The specific reasons for the postponement request were not detailed in the available information, but the commission granted the delay as requested by the parties involved in the development proposal.

Approval of January Bond Memos

30:00

The commission reviewed and discussed the January bond memos during this agenda item. Mr. Davis and Mr. Bell served as the key speakers for this discussion.

The commission ultimately approved the January bond memos following their review and discussion of the materials presented.

*Note: The meeting transcript and additional details about the specific content of the bond memos, concerns raised, or debate points were not available in the provided materials.*

Consent Agenda

35:00

The commission reviewed and discussed the consent agenda during this portion of the meeting. Key speakers included Mr. Pohl and Ms. Worth, who participated in the discussion of the amended consent agenda items.

The commission ultimately approved the amended consent agenda following their review and discussion. The specific items included in the consent agenda and details of the amendments were not specified in the available meeting materials.

The consent agenda was approved as presented after the commission's consideration.

Approval of LOUDON PARK ADDITION, BLOCK 15, LOT 2 (AMD)

40:00

The commission reviewed and discussed agenda item PLN-FRP-22-00042, the final subdivision plan for LOUDON PARK ADDITION, BLOCK 15, LOT 2 (AMD).

Mr. Davis and Ms. Barksdale served as the key speakers during the discussion of this subdivision plan. The item was presented as a final subdivision plan requiring commission approval.

Following the presentation and discussion, the commission voted to approve the LOUDON PARK ADDITION, BLOCK 15, LOT 2 (AMD) final subdivision plan.

*Note: Additional details about the specific presentation content, concerns raised, or voting details were not available in the provided meeting materials.*

Approval of SEBASTIAN PROPERTY, UNIT 3-G

45:00

The commission reviewed and discussed agenda item PLN-FRP-22-00050, the final subdivision plan for SEBASTIAN PROPERTY, UNIT 3-G. The proposal included a waiver request as part of the subdivision approval process.

Key speakers during the discussion included Mr. Davis and Mr. Bell, who presented details about the subdivision plan and addressed questions from commission members. The discussion covered the technical aspects of the subdivision layout and the specific waiver being requested by the applicant.

Following the presentation and commission discussion, the SEBASTIAN PROPERTY, UNIT 3-G final subdivision plan was approved by the commission. The approval included the associated waiver request that was part of the application.

The commission's decision allows the subdivision to move forward in the development process in accordance with the approved plans and conditions.

Approval of WILLIS & JUSTIN SAUTTER, 1974 TRUSTS

50:00

The commission reviewed and discussed agenda item PLN-MNSUB-22-00050, the minor subdivision plan for WILLIS & JUSTIN SAUTTER, 1974 TRUSTS.

Key speakers during the discussion included Mr. Davis and Ms. Worth, who presented details about the subdivision proposal and addressed questions from commission members.

The agenda item included consideration of both the minor subdivision plan itself and an associated waiver request submitted as part of the application.

Following discussion of the proposal, the commission voted to approve the WILLIS & JUSTIN SAUTTER, 1974 TRUSTS minor subdivision plan, including the requested waiver.

Approval of SHADOW WOOD, PHASE II (RICHWOOD BEND)

55:00

The commission reviewed and discussed the SHADOW WOOD, PHASE II (RICHWOOD BEND) development plan under case identifier PLN-MJDP-22-00078.

Key speakers during the discussion included Mr. Michler and Ms. Barksdale, who presented details about the proposed development and addressed questions from commission members.

The commission ultimately approved the SHADOW WOOD, PHASE II (RICHWOOD BEND) development plan. However, the approval came with specific conditions attached to ensure compliance with local development standards and requirements.

The approval is subject to 12 conditions that must be met by the developer. Additionally, the approval is contingent upon the Board of Adjustment (BOA) granting approval for a required variance related to the project.

The conditional approval allows the development to move forward while ensuring that all regulatory requirements and community standards are properly addressed through the specified conditions and variance process.

Disapproval of Appeal for Solar Panels at 137 S Hanover Avenue

1:00:00 The commission reviewed an appeal regarding solar panel installation at 137 S Hanover Avenue. The matter involved a previous decision by the Board of Architectural Review that was being challenged through the appeals process.

Key speakers during the discussion included Mr. Pohl and Mr. Bell, who presented their perspectives on the solar panel proposal and the architectural review board's initial determination.

The commission ultimately voted to disapprove the appeal, thereby upholding the Board of Architectural Review's original decision regarding the solar panel installation at the Hanover Avenue property. This outcome means the solar panel project as proposed will not be permitted to proceed as originally planned.

The decision reflects the commission's support for the architectural review board's assessment of the project and its compatibility with local design standards and regulations governing solar panel installations in the area.