Planning Commission Subdivision Items

Summary

Meeting Overview

The Urban County Planning Commission convened on June 13, 2024, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Zach Davis presiding as the presiding officer. The commission addressed seven agenda items during the session, taking a total of 10 votes on various development and zoning matters throughout the meeting.

The commission's work focused primarily on development amendments and regulatory matters, with mixed outcomes across the agenda items. Four items were postponed for future consideration, including the Belmont Farm (Citation Centre) amendment, Preston Addition Subdivision (Erika Strecker Property) amendment, Wolf Run Industrial Park Block A Lot 1 (Frankfort Court Storage Facility) amendment, and the Lee Thomas Mills Estate amendment. Three items received approval from the commission: the Mapleleaf Subdivision Lot 8 (Goodwill) amendment, new regulations regarding outdoor lighting, and the Fayette County Public Schools RISE STEM Academy project.

No public comments were heard during this meeting session, indicating that the agenda items may not have generated significant public interest or that community input had been gathered through other channels prior to the meeting. The commission's actions demonstrate ongoing efforts to balance development needs with regulatory oversight in the urban county area.

Attendance

The following members were present at the June 13, 2024 meeting:

Present: • Zach Davis • Judy Worth • William Wilson • Graham Pohl • Bruce Nicol • Robin Michler • Ivy Barksdale • Johnathon Davis • Mike Owens

Absent: • Larry Forester • Janice Meyer

No members arrived late to the meeting. Nine members were in attendance with two absences recorded.

Votes and Decisions

The meeting included ten motions, all of which passed or were postponed unanimously with nine members present.

Postponements to July 11, 2024: - 0:02 Bruce Nicol moved to postpone PLN-MJDP-23-00064: BELMONT FARM (CITATION CENTRE) (AMD), seconded by Johnathon Davis. Passed unanimously 9-0. - 0:05 Robin Michler moved to postpone PLN-MJDP-24-00028: PRESTON ADDITION SUBDIVISION (ERIKA STRECKER PROPERTY) (AMD), seconded by Graham Pohl. Passed unanimously 9-0. - 0:08 William Wilson moved to postpone PLN-MJDP-23-00050: WOLF RUN INDUSTRIAL PARK, BLOCK A, LOT 1 (FRANKFORT COURT STORAGE FACILITY) (AMD), seconded by Johnathon Davis. Passed unanimously 9-0. - 0:50 Graham Pohl moved to postpone PLN-FRP-24-00019: LEE THOMAS MILLS ESTATE (AMD), seconded by Judy Worth. Passed 8-0 with 1 abstention (Zach Davis abstained).

Approvals: - 0:12 William Wilson moved to approve consent agenda items excluding PLN-FRP-24-00019, seconded by Judy Worth. Passed unanimously 9-0. - 0:18 Bruce Nicol moved to approve PLN-MJDP-24-00032: MAPLELEAF SUBDIVISION, LOT 8 (GOODWILL) (AMD) with condition #14 changed to 'Resolve', seconded by Ivy Barksdale. Passed unanimously 9-0. - 0:25 Judy Worth moved to approve PLN-ZOTA-24-00004: Regulation of Outdoor Lighting text amendment, including changes to Articles 12 and 16, seconded by Johnathon Davis. Passed unanimously 9-0. - 0:32 Robin Michler moved to approve performance bonds and letters of credit as presented, seconded by Ivy Barksdale. Passed unanimously 9-0. - 0:35 William Wilson moved to find RISE STEM Academy (PFR 2024-2) in compliance with the Comprehensive Plan, with staff recommendations encouraged, seconded by Johnathon Davis. Passed unanimously 9-0.

Administrative Action: - 1:10 Judy Worth moved to cancel the June 20, 2024 work session and schedule the nominating committee report for the June 27, 2024 public hearing, seconded by Ivy Barksdale. Passed unanimously 9-0.

All voting members present were: Zach Davis, Judy Worth, William Wilson, Graham Pohl, Bruce Nicol, Robin Michler, Ivy Barksdale, Johnathon Davis, and Mike Owens.

Appointments

The meeting included appointments to the Nominating Committee, with three individuals being selected to serve in this capacity.

The following appointments were made:

• Robin Michler was appointed to the Nominating Committee
• Bruce Nicol was appointed to the Nominating Committee
• Judy Worth was appointed to the Nominating Committee

These three appointments constitute the membership of the Nominating Committee for the upcoming term. The Nominating Committee typically plays a key role in identifying and recommending candidates for various positions within the organization's governance structure.

Contested Items

The meeting featured one primary contested item that generated significant community opposition and discussion among board members.

Tree Removal at Shriners Hospital/Masonic Temple Site

The most contentious issue involved the unauthorized removal of significant trees at the Shriners Hospital/Masonic Temple development site. Community members expressed strong opposition to the tree removal, which had occurred without proper authorization from the city.

The disagreement centered on the developer's failure to follow established tree protection plans and obtain necessary permits before removing mature trees from the property. Community advocates argued that the removal violated environmental protection standards and damaged the neighborhood's character.

Board members engaged in extensive discussion about appropriate mitigation measures and how to ensure future compliance with tree protection ordinances. The debate focused on what penalties or remedial actions should be required to address the unauthorized tree removal and prevent similar violations in the future.

The discussion highlighted tensions between development pressures and community environmental concerns, with residents calling for stricter enforcement of tree protection regulations. Board members appeared divided on the appropriate response, with some emphasizing the need for strong enforcement while others focused on finding practical solutions moving forward.

The outcome of this contested item was not definitively resolved during the meeting, with the matter appearing to require additional review and potential follow-up action by city staff and the development team to address the compliance issues and community concerns raised.

BELMONT FARM (CITATION CENTRE) (AMD)

0:02

The planning committee reviewed agenda item PLN-MJDP-23-00064, an amendment for the Belmont Farm (Citation Centre) development. The proposed amendment would depict 66,070 square feet of commercial space along with associated parking circulation areas.

Jihad Hallany served as the key speaker for this agenda item, presenting details of the proposed amendment to the committee members.

However, the item faced significant obstacles during the review process. The Subdivision Committee had previously examined the proposal and identified several critical issues that prevented approval. Specifically, the committee raised concerns regarding site access arrangements and questioned whether the proposed development would comply with relevant zoning articles and regulations.

Due to these unresolved concerns about access and zoning compliance, the Subdivision Committee recommended that consideration of the amendment be postponed rather than proceeding with approval or denial at this time.

Following the Subdivision Committee's recommendation and the presentation of the outstanding issues, the planning committee voted to postpone the Belmont Farm (Citation Centre) amendment. This postponement will allow the applicant time to address the access concerns and ensure full compliance with applicable zoning requirements before the item returns for future consideration.

The postponement means that the 66,070 square feet of commercial space and parking circulation depicted in the amendment cannot move forward until the identified deficiencies are resolved to the satisfaction of the reviewing committees.

PRESTON ADDITION SUBDIVISION (ERIKA STRECKER PROPERTY) (AMD)

0:05

The Planning Commission considered agenda item PLN-MJDP-24-00028, an amendment to the Preston Addition Subdivision on the Erika Strecker property. The proposed amendment would expand the existing adaptive reuse project by adding two additional lots and constructing a new structure.

Erika Strecker served as the key speaker for this agenda item, presenting the amendment request to the commission.

The Subdivision Committee had previously reviewed this proposal and recommended postponement of the item. The committee raised questions regarding the project's compliance with applicable zoning articles, indicating that further review and clarification were needed before the commission could move forward with consideration of the amendment.

The commission followed the Subdivision Committee's recommendation and postponed the agenda item. This postponement will allow time for the applicant and staff to address the zoning compliance concerns identified by the committee before bringing the matter back for future consideration.

The amendment represents a significant expansion of the original adaptive reuse project, which would increase the development's scope through the addition of two new lots and construction of an additional structure on the Strecker property.

WOLF RUN INDUSTRIAL PARK, BLOCK A, LOT 1 (FRANKFORT COURT STORAGE FACILITY) (AMD)

0:08

The planning board considered application PLN-MJDP-23-00050, an amendment for the Wolf Run Industrial Park development located at Block A, Lot 1, also known as the Frankfort Court Storage Facility. The proposed amendment would depict the layout and circulation plan for 53 storage units on the property.

Tom Martin served as a key speaker during the discussion of this agenda item. The amendment focused specifically on establishing the configuration and traffic flow patterns for the storage facility development within the industrial park.

However, the application faced complications regarding regulatory compliance. The Subdivision Committee had previously reviewed the proposal and identified concerns about whether the project meets current zoning ordinance requirements. These compliance questions were significant enough to warrant further review before the planning board could make a determination on the amendment.

Due to the unresolved zoning ordinance compliance issues raised by the Subdivision Committee, the planning board decided to postpone consideration of the amendment. This postponement allows time for the applicant to address the regulatory concerns and provide additional documentation or modifications to ensure the project meets all applicable zoning requirements.

The storage facility amendment will need to return to the planning board at a future meeting once the zoning compliance questions have been resolved to the satisfaction of the reviewing committees.

MAPLELEAF SUBDIVISION, LOT 8 (GOODWILL) (AMD)

0:18

The planning commission reviewed agenda item PLN-MJDP-24-00032, an amendment for Mapleleaf Subdivision, Lot 8, involving a Goodwill facility. The amendment proposed revisions to the building and parking layout for the development.

Key speakers during the discussion included Cheryl Gallt and Chyanne Rogers, who presented details about the proposed changes to the site plan. The amendment specifically addressed modifications to how the building would be positioned on the lot and adjustments to the parking configuration.

A significant portion of the discussion centered on floor area ratio considerations, with commissioners examining how the revised layout would impact the overall development density and compliance with zoning requirements. The Subdivision Committee had previously reviewed the proposal and provided their recommendation.

The Subdivision Committee recommended approval of the amendment, but with revised conditions that addressed concerns raised during their review process. These conditions were incorporated into the final recommendation presented to the planning commission.

Following the presentation and discussion of the technical aspects of the building and parking layout revisions, the planning commission voted to approve the amendment. The approval included the revised conditions as recommended by the Subdivision Committee, ensuring that the Goodwill development on Lot 8 would proceed under the updated parameters for building placement and parking arrangements.

The amendment allows the project to move forward with the modified site design while maintaining compliance with subdivision requirements and addressing the specific needs of the Goodwill facility planned for the location.

REGULATION OF OUTDOOR LIGHTING

0:25

The commission considered agenda item PLN-ZOTA-24-00004, a proposed text amendment to create Article 30 of the Zoning Ordinance addressing outdoor lighting regulations. The amendment is designed to reduce light pollution and promote energy efficiency throughout the jurisdiction.

Boyd O. Sewe served as the key speaker presenting the proposed ordinance to the commission. The text amendment would establish comprehensive regulations governing outdoor lighting installations, with specific focus on minimizing light pollution impacts while encouraging energy-efficient lighting solutions.

The proposed Article 30 represents a new addition to the existing Zoning Ordinance, indicating this would be the first comprehensive outdoor lighting regulation framework for the jurisdiction. The amendment aims to balance development needs with environmental concerns related to light pollution and energy consumption.

Following discussion of the proposal, the commission approved the outdoor lighting regulation amendment. The approval moves the text amendment forward in the legislative process, bringing the jurisdiction closer to implementing formal outdoor lighting standards that would apply to future development and potentially existing installations.

The successful passage of PLN-ZOTA-24-00004 demonstrates the commission's commitment to addressing light pollution concerns while promoting sustainable development practices through energy-efficient lighting requirements.

FAYETTE COUNTY PUBLIC SCHOOLS – RISE STEM ACADEMY

0:35

The commission reviewed Public Facilities Review PFR 2024-2 for Fayette County Public Schools' proposed RISE STEM Academy construction project. The review examined plans for a new school facility to be built at 2160 Versailles Road.

Autumn Goderwis presented the project details to the commission. The primary focus of the review was ensuring the proposed school construction complied with the county's Comprehensive Plan requirements and development standards.

The Public Facilities Review process evaluates whether proposed public infrastructure projects align with established planning guidelines and community development goals. For this educational facility, the commission assessed factors such as site suitability, traffic impacts, utility capacity, and consistency with land use policies outlined in the Comprehensive Plan.

The RISE STEM Academy represents Fayette County Public Schools' commitment to expanding specialized educational opportunities focused on science, technology, engineering, and mathematics programs. The Versailles Road location was selected to serve students throughout the district with enhanced STEM curriculum and facilities.

Following the presentation and review of compliance documentation, the commission approved PFR 2024-2. The approval indicates that the proposed RISE STEM Academy construction meets all necessary planning and zoning requirements, allowing the school district to proceed with the development process.

The approval of this Public Facilities Review represents a significant step forward for the new STEM-focused educational facility, which will provide expanded learning opportunities for Fayette County students interested in science and technology fields.

LEE THOMAS MILLS ESTATE (AMD)

The commission reviewed agenda item PLN-FRP-24-00019, concerning the Lee Thomas Mills Estate amendment 0:50. This plat application was submitted to comply with Kentucky Revised Statute 100.292, which governs property platting requirements.

Traci Wade served as the key speaker for this item, presenting the details of the proposed plat. The application involves platting property according to state statutory requirements, with specific procedural obligations including the posting of a public notice sign and submission of an affidavit documenting such posting.

The purpose of this plat amendment is to bring the property into compliance with KRS 100.292 platting standards. Under this statute, property owners must follow specific procedures when subdividing or platting land, including proper notification requirements to ensure public awareness of the proposed changes.

The commission's review focused on whether the applicant had met the necessary procedural requirements, particularly regarding the mandatory sign posting and affidavit submission. These requirements are designed to provide transparency in the platting process and allow for public input on proposed land use changes.

After discussion, the commission decided to postpone action on PLN-FRP-24-00019. The postponement suggests that additional information, documentation, or procedural steps may be needed before the commission can move forward with approval of the Lee Thomas Mills Estate plat amendment.

The postponement allows time for any outstanding requirements to be addressed, ensuring that all statutory obligations under KRS 100.292 are properly fulfilled before final consideration of the plat application.