GEORGETOWN-SCOTT COUNTY PLANNING COMMISSION
REGULAR MEETING
MINUTES

SEPTEMBER 11, 2008 

The regular meeting was held in the Scott County Courthouse on September 11, 2008.  The meeting was called to order by Chairperson Barry Brock at 6:00 p.m.  Present were Commissioners Mike Bradley, Melissa Gregory, Greg Hampton, John Lacy, Jimmy Richardson, Ralph Tackett, and Bias Tilford, Planning Director Michael Sapp, Planners Rhonda Cromer and Bonnie MacIntyre, Engineer Ben Krebs, and Attorney Charlie Perkins.   Absent was Commissioner Janet Holland.

Motion by Richardson, second by Gregory, to approve the July invoices.  Motion carried.

Motion by Gregory, second by Bradley, to approve the August 14, 2008 minutes.  Motion carried.

With the addition of D) Discussion regarding letter from Planning Commission Engineer regarding bonding procedures under Stafff Reports/Other Business New, and one correction to Item B under Staff Reports/Other Business New (amending “lots” to “sections”), motion by Richardson, second by Gregory, to approve the September agenda.  Motion carried.

Postponements/Withdrawals

Chairman Brock reported that the applicant for the Pinnacle Parkside Shoppes requested that the application be continued to the November meeting, and that the Beckett Property and the Georgetown/Koa Kampground applications have been postponed to the October meeting.  Motion by Bradley, second by Gregory, to accept the three items for continuance/postponement.  Motion carried.

Consent Agenda

A representative for the Blue Bell Distribution Center application agreed to their conditions of approval and there were no concerns expressed by the Commission or public.  Motion by Lacy, second by Bradley, to approve the one item on the Consent Agenda.  Motion carried.

ZMA-2008-35  Lifestyle Communities – Rezoning request from B-2 and B-5 to R-2 PUD for 19.061 acres located northwest of Old Oxford Road, northeast of Magnolia Drive, and behind existing Lowe’s retail center.  PUBLIC HEARING

Chairman Brock opened the public hearing. 

Ms. Cromer reviewed the staff report.  She addressed issues regarding the Comprehensive Plan, access, and the Traffic Impact Study. 

Bruce Lankford, representing the applicant, introduced C.J. May, one of the applicants.  Mr. May reviewed the background of the rezoning request. 

Jeff Stidham, real estate consultant and representing the applicant, discussed the high demand for apartments, and stated that people tend to buy homes near where they have lived in apartments. 

Ron Coyan, an engineer with Lifestyle Communities, described the apartment development. 

Mr. Lankford addressed the economic change that has negatively affected the single family housing market and justifies a change in the Comprehensive Plan. 

Commissioner Tilford asked about the traffic study.  Bob Kennedy, Traffic Engineer with Palmer Engineering, stated that they used conservative figures when determining the Levels of Service, which go to LOS C in 2015.  He stated that no road improvements are recommended because LOS C is acceptable.  He added that traffic from commercial development would be significantly more than from residential development.

Commissioner Bradley expressed concern about the reasons to justify a change in the Comprehensive Plan.  Mr. Lankford responded that there are few sites in the City for additional multi-family development such as this; it will attract residents who will subsequently purchase homes in the area; and it will complement the surrounding commercial development.  Commissioner Bradley felt that a reason more specific to the site is needed.  Mr. Lankford stated that other areas are not proposed for this type of development, and this property is.  Commissioner Bradley felt that a precedent will be set to allow development because gas prices are high and residents need to be closer to their jobs. 

Mr. Coyan added that multi-family residential is typically used as a transitional use between commercial and single-family residential, which are the uses that this property lies between. 

Ransom Holbrook, Waterside Drive resident, expressed concern about apartments lowering the home values of the adjacent Cherry Blossom development. 

Tom Price, nearby property owner, disagreed with the traffic study conclusions, and expressed concern about speeding traffic being a hazard. 

Jay Griffin, Old Oxford Road resident, also felt that property values will be negatively affected and expressed concern about the emergency vehicle access eventually becoming a main access.  He added that traffic travels at excessive speeds, making the curve in the road extremely dangerous.  He addressed the employment situation at Toyota, expressed concern about the pond becoming stagnant, and felt that the national mortgage crisis has not been as serious in Central Kentucky. 

It was noted that Cherry Blossom subdivision will not have access to Old Oxford Road. 

Mr. Lankford stated that the development would be an economic shot in the arm during this economic downturn.

With no other comments from the Commission or public, Chairman Brock closed the public hearing.

Motion by Hampton, second by Lacy, to deny the application on the basis that it does not comply with the Comprehensive Plan.  By roll call vote, motion carried 6-1 with Richardson dissenting.

PDP-2008-33  C3 Investments Office Building – Preliminary Development Plan for a 19,234 sq. ft., 2-story office building on 1.6 acres zoned B-2, located on the north side of Southgate Drive, south of McClelland Circle, east of Lexington Road.

Ms. Cromer reviewed the staff report, including the two requested variances regarding landscaping. 

The landscaping was briefly discussed. 

Brent Combs, Thoroughbred Engineering and representing the applicant, agreed to the conditions of approval.  He described the drainage plan.  

Motion by Bradley, second by Tilford, to approve the Preliminary Development Plan, including the two requested variances, subject to the eight conditions of approval.  Motion carried.

PDP-2008-34  Lanes Run Business Park Lot 10 – Preliminary Development Plan for a 14,400 sq. ft. steel fabrication facility on 2.1 acres zoned I-1 (Enhanced), located on the north side of Corporate Blvd., east of Endeavor Drive in the Lanes Run Business Park.

The application was postponed to the October meeting because the applicant was not present.
 

Swearing in of speakers

Commissioner Tilford explained his reasons for requesting that speakers be sworn in.  Mr. Perkins stated that the Board of Adjustments will not swear in speakers until the October meeting.  He felt confident that the process will be adopted.  He stated that it will not affect the Commission’s decision-making in any way or make the Commission any more liable.

Motion by Tilford, second by Bradley, to adopt the procedure of swearing in of speakers.  Motion carried.

Chairman Brock explained how the procedure will work.

Canewood LLC request to reduce sideyard requirement from 7.5 ft. to 5.0 ft., applied to sections 6, 7, 8, and 9 in Paynes Landing Subdivision.

Mr. Jim Barlow, Canewood applicant, explained his reason for his request to reduce the sideyard setback. 

Mr. Sapp explained that the matter is not going before the Board of Adjustment because it is not a “hardship” issue, but rather an issue that can be dealt with within the PUD designation. 

Commissioner Hampton expressed concern that the Fire Department will not want to approve the reduction.  Discussion continued on Fire Department access. 

The change in the style of homes was discussed.

It was agreed that the 10’ between the homes would be from overhang to overhang, not between the footprint of the homes. 

Motion by Bradley, second by Richardson, to approve the reduction from 7.5’ to 5’ for sections 7, 8, and 9, with the conditions that the plats show that no fencing or other improvements can be placed between the houses; that the 10’ between houses will be from overhang to overhang; and that an amended plat must be submitted showing those conditions.  Motion carried.
 

GIS Mission Statement

Mr. Sapp presented the GIS Mission Statement drafted by Earl Smith, GIS Manager.  He invited the Commission to suggest any amendments or additions.  No Commission action was required.
 

Bonding procedures

Mr. Krebs reported on the need to form a committee to review bonding procedures. 

Motion by Lacy, second by Bradley, to approve the formation of a committee to review bonding procedures.   Motion carried.
 

Update of previously approved projects and agenda items

Mr. Sapp reported that the final presentation/public hearing on the Northeast Georgetown Traffic Study will be Thursday, September 18, at 5:30.  He encouraged the Commission and public to attend.

Commissioner Lacy asked about the Dry Run Watershed Plan.  Mr. Sapp reported on the work that is being done, noting that Mr. Krebs will be giving a presentation on the project at the OKI Conference in October.

The meeting was then adjourned.
 

GEORGETOWN-SCOTT COUNTY PLANNING COMMISSION
REGULAR MEETING
MINUTES

AUGUST 14, 2008 

The regular meeting was held in the Scott County Courthouse on August 14, 2008.  The meeting was called to order by Chairperson Barry Brock at 6:00 p.m.  Present were Commissioners Mike Bradley, Melissa Gregory, Greg Hampton, Janet Holland, John Lacy, Jimmy Richardson, and Bias Tilford, Planning Director Michael Sapp, Planners Rhonda Cromer and Bonnie MacIntyre, Engineer Ben Krebs, and Attorney Charlie Perkins.   Absent was Commissioner Ralph Tackett.

Motion by Bradley, second by Holland, to approve the July invoices.  Motion carried.

Motion by Richardson, second by Gregory, to approve the July 10, 2008 minutes.  Motion carried.

With the addition of B) Motion for surplusing vehicle and C) Discussion regarding swearing in of applicants and concerned citizens under Staff Reports New, motion by Lacy, second by Holland, to approve the August agenda.  Motion carried.

Postponements/Withdrawals

Chairman Brock reported that the applicant for the Pinnacle Parkside Shoppes requested that the application be continued to the November meeting.  They stated that they will re-do all notification requirements for the application.  Chairman Brock also noted that the Action Home Improvement (J & B Automart) application has been withdrawn, and the Georgetown/Lexington KOA Kampground application has been postponed to the September meeting.  Motion by Richardson, second by Lacy, to accept the three items for continuance/withdrawal/postponement.  Motion carried.

Consent Agenda

Tom Bradley, representing the applicant for the Burger King application, clarified that condition #3 regarding a connection to the adjacent property is the responsibility of the owner of the property, who is preparing the plat, not the applicant.  He agreed to the rest of the conditions of approval.  There were no concerns expressed by the Commission or public.  Motion by Bradley, second by Gregory, to approve the one item on the Consent Agenda.  Motion carried.

Update of previously approved projects and agenda items

Mr. Sapp reported on the status of the hiring for the two planner positions.

He also requested that the Commission declare the 1996 Toyota Camry surplus.  Once it is declared surplus, it will be advertised for sale and closed bids will be taken. 

Motion by Gregory, second by Lacy, to declare the 1996 Toyota Camry surplus.  Motion carried.

Swearing in of applicants and interested parties

Attorney Perkins reported that the Boards of Adjustment did not meet this month, so the process will not actually be implemented until September.  Commissioner Tilford asked that the process be in writing.  Mr. Perkins stated that it will be included in next month’s packet. 

The meeting was then adjourned.
 

GEORGETOWN-SCOTT COUNTY PLANNING COMMISSION
REGULAR MEETING
MINUTES

JULY 10, 2008

The regular meeting was held in the Scott County Courthouse on June 12, 2008.  The meeting was called to order by Chairperson Barry Brock at 6:00 p.m.  Present were Commissioners Mike Bradley, Melissa Gregory, Greg Hampton, Janet Holland, John Lacy, Jimmy Richardson, Ralph Tackett, and Bias Tilford, Planning Director Michael Sapp, Assistant Director Pat Shoemaker, Planners Drew Ardary, Rhonda Cromer, and Bonnie MacIntyre, Engineer Ben Krebs, and Attorney Charlie Perkins.  

Motion by Hampton, second by Holland, to approve the June invoices.  Motion carried.

Motion by Gregory, second by Lacy, to approve the June 12, 2008 minutes.  Motion carried.

Motion by Richardson, second by Holland, to approve the July agenda.  Motion carried.

Postponements/Withdrawals

Chairman Brock reported that the Pinnacle Parkside Shoppes and Action Home Improvement (J & B Automart) applications will be continued to the August meeting, and the Georgetown/Lexington KOA Kampground application has been postponed to the August meeting.  Motion by Lacy, second by Gregory, to accept the three items for continuance/postponement.  Motion carried.

Commissioner Tilford asked that discussion on sworn testimony be added to the agenda.  Motion by Tilford, second by Bradley, to add that item as Item B under Staff Reports New.  Motion carried.

Consent Agenda

There were no items eligible for the Consent Agenda.

ZMA-2008-25 Sparks Farm Development – Zoning Map Amendment from A-1 (Agricultural) to R-2 PUD (Residential) for 25.77 acres, located on the west side of Lisle Road (KY 1963), ¼ mile south of Lemons Mill Road (KY 1962).  PUBLIC HEARING

Chairman Brock opened the public hearing.

Preston Cecil, representing the applicant, addressed the notification issue.  He stated that the notice was re-posted on the property and the neighbors within the 500’ boundary were re-notified, and the residents of Cassidy Heights were notified.

Mr. Ardary reviewed the staff report, including issues surrounding land uses, consistency with the Comprehensive Plan, design standards, open space, and traffic and road improvements. 

Staff recommended approval with the acknowledgements listed in the staff report, plus the acknowledgement to abide by the Right to Farm Act.

Mr. Cecil agreed with the conclusions and findings of the staff report, and reiterated some of the findings that he felt were most important.

Robert Ryan, Attorney representing some of the residents of Cassidy Heights, Sutton Place, and Harmony Ridge, reviewed the history of the zone change and the concern about lot sizes and density.  He stated that this proposal is a significant increase in the number of lots – from 93 to 148.  He expressed concern about the parking lots adjacent to Sutton Place, the lack of buffering between the developments, increased traffic on Lisle Road, and the incompatibility with the surrounding developments. 

Betty Eades, representing R. McMillan, adjacent property owner, expressed concern about the proposed alley that abuts the McMillan property line.  She questioned why there is no buffering along that property line, and read what type of buffering Mr. McMillan is requesting on his property line.  He requests a 6 ft. chain link fence with posts on 10’ centers prior to commencement of construction, constructed at least 20’ south of his property creating a 20’ area between the development and his farm property.  He requests the developer plant trees from Group A of the Planting Manual where trees do not already exist, every 40’ within the buffer area, the entire length of the 20’ buffer area, and a privet hedge within the buffer area 5’ or less from the chain link fence, and running continuously the entire length of the 20’ buffer area.  Trees from Group A should be 10’ in height or 2” caliper and privet hedge should be at least 1’ in height. 

Bridget Gaines, Sutton Place resident, opposed the development due to the proposed townhomes.  She read a letter from 2002 regarding the Royal Springs water supply recommending that the previous development proposal be single-family homes only.  She read another letter from KYTC regarding the previous proposal which recommended substantial improvements to Lisle Road. 

Abby Dawson, Harmony Ridge resident, expressed concern about increased traffic and traffic speeding through Harmony Ridge enroute to the bypass. 

Jeff Shropshire, Cassidy Heights resident, expressed concern about the R-2 zoning.  He requested that the Commission prohibit any blasting on the site, that an 8’ privacy fence be constructed from Lisle Road up to Sutton Place, and that the zoning be R-1 instead of R-2 PUD.  He also stated that Lisle Road cannot handle more traffic.

There was discussion on impartiality and the sharing of information among the Planning Commissioners.  Mr. Perkins stated that any information used in decision-making should be expressed to the full Commission and put into the record.   

Howard Testerman, Harmony Ridge resident, expressed concern about the 600+ units already approved for this applicant and the attendant traffic problems considering the inadequacy of the Lisle Road.  He felt that the annexation was approved under an R-1C zoning, and now the request is R-2 PUD.  He felt that a Preliminary Development Plan should be submitted for a rezoning request which would be more binding than a Conceptual Plan.  

Scott Thompson, Sutton Place resident, expressed concern about the housing market and the need for more townhomes. 

Karen DeLong, Sutton Place resident, expressed concern about traffic cutting through Sutton Place to the bypass and increased noise.

Chris Gore, Cassidy Heights resident and Fayette County policeman, expressed concern about public safety in regard to police and fire protection.

Another concerned citizen expressed concern about stormwater runoff on Lisle Road.

Preston Cecil explained the requirements for a zone change and stated that they complied with all requirements.  He noted that the property is planned for urban residential in the Comprehensive Plan and that the traffic study was reviewed and no issues about the conclusions were raised.  He stated that the applicant is willing to review some of the concerns at the development plan stage.

It was noted that the previous approval for R-1C zoning was never approved by City Council because the annexation was denied until improvements were made to Lemons Mill Road.  Since then, Lemons Mill Road has been improved to three lanes.  In February of 2008, the portion within the City limits was annexed. 

It was noted that the data used for traffic study was current and included the number of units already built as well as approved.  Discussion continued on the traffic study.  Several residents, including Jim Crutcher, Cassidy Heights resident, expressed concern about the times of the day the traffic study was conducted.

Surrounding zoning and lot sizes were discussed.  The appropriateness of the R-2 PUD zoning as opposed to R-1C was discussed.  Mr. Perkins stated that the R-2 PUD zoning gives the applicant the opportunity to apply for R-2 density, but if the site does not support that density, a lower density is required.  Chairman Brock suggested adding a condition stating that the Commission recognizes concerns with the R-2 density and that a lower density may be required.  Mr. Perkins felt that such a condition is more appropriate at the development plan stage.  The applicant acknowledged that if the R-2 PUD rezoning request is approved, that approval does not guarantee R-2 density.

Ms. Shoemaker noted for the Commission that the R-2 zoning allows a different type of structure than R-1 zoning.

Commissioner Bradley felt that this proposal is not compatible with the surrounding subdivisions.  Mr. Perkins stated that the Commission can take that into consideration at this time or at the development plan stage.

Chairman Brock closed the public hearing.

Motion by Gregory, second by Hampton, to deny the application.  By roll call vote, motion carried 7-0 with Tilford abstaining.

ZMA-2008-58 JCD Properties/Lankford/Northside Christian Church – Zoning Map Amendment from A-1 (Agricultural) to B-5 (General Commercial Park) and B-2 (Highway Commercial) for 42.243 acres, located at the southwest corner of the intersection of Frankfort Road (U.S. 460 W) and McClelland Circle (U.S. 460 Bypass).  PUBLIC HEARING

Bruce Lankford, applicant, submitted documentation regarding notice requirements.

Ms. Cromer reviewed the staff report in detail, including the reasons the application is in compliance with the Comprehensive Plan. 

Commissioner Bradley asked about the design standards that were a part of the previous approval of the B-2 portion of this property.  Ms. Cromer stated that B-2 portion of the property must still adhere to the design standards of the West Georgetown Small Area Plan.  It was noted that that requirement should be a third acknowledgement under finding #4.

Commissioner Lacy asked that the stone fence be preserved and maintained.  Ms. Cromer stated that the stone fence will be addressed at the development plan stage.

Chairman Brock closed the public hearing.

Motion by Bradley, second by Tilford, to recommend approval of the rezoning request from A-1 to B-5 and B-2, based on the findings of the staff.  By roll call vote, motion carried 8-0.

Discussion of sworn testimony being taken at Planning Commission meetings

Commissioner Tilford expressed concern that at a previous meeting sworn testimony was taken, and he felt that that practice should be exercised more often.  Mr. Perkins agreed that at times it could be helpful, but could be a logistical problem.  He stated that the City Board of Adjustment will be implementing a method for taking sworn testimony in August, and if it is successful, it could be used at the Planning Commission meetings.

It was decided to see how the procedure works at the City Board of Adjustment meeting.

Update of previously approved projects and agenda items

The Dry Run Watershed charette on July 25 was discussed briefly.  It was noted that attendance will count toward H.B. 55 education credits.

Mr. Sapp announced that Mr. Ardary has accepted a position in Phoenix, Arizona.

Mr. Sapp also announced that he will be making a presentation to the Interlocal Agreement Committee about the Planning Commission’s work, accomplishments, and future needs.

The meeting was then adjourned.
 

 GEORGETOWN-SCOTT COUNTY PLANNING COMMISSION

REGULAR MEETING

MINUTES

JUNE 12, 2008

The regular meeting was held in the Scott County Courthouse on June 12, 2008.  The meeting was called to order by Chairperson Barry Brock at 6:00 p.m.  Present were Commissioners Mike Bradley, Melissa Gregory, Greg Hampton, Janet Holland, John Lacy, Jimmy Richardson, and Bias Tilford, Planning Director Michael Sapp, Assistant Director Pat Shoemaker, Planners Drew Ardary, Rhonda Cromer, and Bonnie MacIntyre, Engineer Ben Krebs, and Attorney Charlie Perkins.  Absent was Commissioner Ralph Tackett.

Motion by Lacy, second by Holland, to approve the May invoices.  Motion carried.

Motion by Richardson, second by Bradley, to approve the May 10, 2008 minutes.  Motion carried.

Motion by Lacy, second by Holland, to approve the June agenda.  Motion carried.

Postponements/Withdrawals

Chairman Brock reported that the Pinnacle Parkside Shoppes application will be continued to the August meeting, and the Action Home Improvement (J & B Automart) and Georgetown/Lexington KOA Kampground applications have been continued to the July meeting.  Motion by Richardson, second by Gregory, to accept the three items for postponement.  Motion carried.

Consent Agenda

Representatives of the Noble Property, Eastside Plaza - Amended, and Falls Creek Townhomes Phase 2 - Amended applications agreed to their conditions of approval, and no concerns about the projects were expressed by the Commission or the public.  Attorney Charlie Perkins arrived during this discussion.

Motion by Bradley, second by Richardson, to approve the three applications on the Consent Agenda subject to their respective conditions of approval.  Motion carried.

ZMA-2008-24  Drake Property – Zone change from A-1 (Agriculture) to B-2 (Highway Commercial) for 15 acres, located on the northwest corner of McClelland Circle (U.S. 460 Bypass) and East Main St. Extended.  PUBLIC HEARING

Chairman Brock opened the public hearing.

Mr. Ardary reviewed the application.  He reviewed the reasons why the application is consistent with the Comprehensive Plan and recommended approval.

Bruce Lankford, representing the applicant, noted that he submitted documentation regarding notice requirements.  He agreed with Mr. Ardary’s staff report. 

There were no comments or concerns from the Commission or the public.  Chairman Brock closed the public hearing.

Motion by Richardson, second by Hampton, to recommend approval of the Drake Property zone change for 15 acres from A-1 Agriculture to B-2 Highway Commercial, subject to the acknowledgements in the staff report.  By roll call vote, motion carried 7-0.

ZMA-2008-25  Sparks Farm Development – Zone change from A-1 (Agriculture) to R-2 PUD (Residential) for 25.77 acres, located on the west side of Lisle Road (KY 1963), ¼ mile south of Lemons Mill Road (KY 1962).  PUBLIC HEARING

Chairman Brock opened the public hearing.

Before reviewing the staff report in detail, Mr. Ardary addressed the issue of the notification sign that was placed on the property.  Because of a possible prank, the sign incorrectly showed the zoning reclassification request being B-2 instead of R-2.

Preston Cecil, attorney for the applicant, stated that Bill Stark of Letterman Signs was prepared to testify that the sign was posted correctly.  Mr. Stark stated that the sign was in compliance with the requirements and indicated the correct zoning when it was installed.  Mr. Cecil felt that it was a short time that the sign was incorrect and therefore there was substantial compliance with the notice requirements. 

It was noted that there is no evidence indicating how long the sign was posted with B-2 instead of R-2.

There was also a question about the residents of Cassidy Heights needing to be notified of the application.

Motion by Richardson, second by Lacy, to continue the public hearing to the July 10 meeting in order to allow the required time for accurate notice and time to research the requirement that Cassidy Heights residents be notified about potential development of this property.  By roll call vote, motion carried 7-0.

PSP-2008-14  Lemons Mill Subdivision  - Amendment to a Preliminary Subdivision Plat for a 56-lot subdivision on 17.5 acres,  located on the north side of Lemons Mill Road, east of Violet’s Trace, west of I-75.

Mr. Ardary reviewed the staff report, including issues regarding road improvements to Lemons Mill Road. 

Commissioner Lacy asked about the road improvements at the entrance to the Adair property. 

Betty Eades, whose father owns property adjacent to this property, asked about the entrance and road improvements in relation to the GMWSS lift station. 

Commissioner Lacy asked if there is a buffering requirement regarding the Adair property (zoned A-1).  Mr. Ardary stated that a condition of approval should be added requiring the standard buffering (diamond mesh fencing) between this property and the Adair and McMillan properties.

Motion by Lacy, second by Richardson, to approve the amended Preliminary Subdivision Plat subject to the 26 conditions, plus a 27^th condition requiring fencing along the perimeter of the adjacent A-1 properties.  Motion carried.

The meeting was then adjourned.
 

GEORGETOWN-SCOTT COUNTY PLANNING COMMISSION
REGULAR MEETING

MINUTES

MAY 10, 2008

The regular meeting was held in the Scott County Courthouse on May 10, 2008.  The meeting was called to order by Chairperson Barry Brock at 6:00 p.m.  Present were Commissioners Mike Bradley, Melissa Gregory, Greg Hampton, Janet Holland, John Lacy, Jimmy Richardson, Ralph Tackett, and Bias Tilford, Planning Director Michael Sapp, Assistant Director Pat Shoemaker, Planners Drew Ardary, Rhonda Cromer, and Bonnie MacIntyre, Engineer Ben Krebs, and Attorney Charlie Perkins (arrived late).

Motion by Lacy, second by Holland, to approve the April invoices.  Motion carried.

Motion by Holland, second by Tackett, to approve the April 10, 2008 minutes.  Motion carried.

With the addition of discussion on the letter regarding drainage on South Broadway (under Other Business Old), and discussion on waiver for Phases 2 and 3 of Lake Forest (under Other Business New), motion by Bradley, second by Gregory, to approve the May agenda.  Motion carried.

Postponements/Withdrawals

Chairman Brock reported that the Lemons Mill Subdivision application has been postponed to the June meeting.  Motion by Richardson, second by Lacy, to accept the one item for postponement.  Motion carried.

Consent Agenda

Representatives of the New Sports Connection Facility application agreed to their conditions of approval, and no concerns about the project were expressed by the Commission or the public. 

Motion by Richardson, second by Tilford, to approve the one application on the Consent Agenda subject to its conditions of approval.  Motion carried.

ZMA-2008-20  Pinnacle Parkside Shoppes – Amendment to the 2006 Comprehensive Plan from Urban Residential to Commercial and rezoning from A-1 to B-5 of 12.3 acres located on the north side of McClelland Circle (U.S. 460 Bypass), southwest of the Suffoletta Family Aquatic Center, and west of Lexington Road (U.S. 25 S).  PUBLIC HEARING

Chairman Brock opened the public hearing.

Kelley Klepper, Kimley-Horn and Associates and representing the applicant, requested a continuance for 90 days in order to finalize details of the project. 

It was noted that since the application is continued, notifications to area residents will not be sent again. 

PSP-2008-17  Habitat for Humanity – Scholl Drive Extension – Preliminary Subdivision Plat for five residential lots, located on the western extension of Scholl Drive, southwest of Habitat Street and Fuller Street.

Ms. Cromer reviewed the staff report, including the issues regarding Fire Department approval and the three requested variances. 

Jim Ford, representing the applicant, agreed to the conditions of approval. 

Emma Wilson, area resident, asked for clarification on the location of the project. 

Motion by Lacy, second by Holland, to approve the Preliminary Subdivision Plat, including the three (3) requested variances, subject to the six (6) conditions of approval.  Motion carried.

FSP-2008-19  Lutes Property – Final Subdivision Plat for a two-lot rural residential subdivision on 81 acres, located on the east side of Cynthiana Road in the vicinity of Lanes Run Business Park.

Ms. MacIntyre reviewed the staff report, which recommended approval. 

The applicant agreed with the conditions of approval.

Motion by Bradley, second by Gregory, to approve the Final Subdivision Plat subject to the four (4) conditions of approval.  Motion carried.

PSP-2008-21  Lake Forest Estates Phase IV – Preliminary Subdivision Plat creating 135 residential lots on 33.34 acres, located on the south side of Lemons Mill Road, west of Sutton Place Subdivision, east side of Harmony Ridge Subdivision.

Mr. Ardary reviewed the staff report, including the reasons for denial of the project in February of 2008.  He addressed the street layout, open space, the spring area on Lot 40A, the tree preservation area, and the requested variances. 

Mr. Perkins was now in attendance.

Linden Platt, Eagle Engineering, and applicant Lindsey Mosley, agreed to the conditions of approval. 

Lee Oakley, Harmony Ridge Subdivision resident, expressed concern about the depth of the lots.

Greg Barnett, Harmony Ridge Subdivision resident, expressed concern about construction traffic, the connection to Lemons Mill Road being designated as “future,” and new development delaying the completion of existing developments.  Chairman Brock stated that the issues that are not complete in Harmony Ridge are bonded and required to be completed.  Mr. Krebs reported on the status of the roads in Harmony Ridge.   Chairman Brock noted condition #8a prohibiting construction traffic from accessing Harmony Ridge Road.  Mr. Ardary added that the City ordinance specifically prohibits construction traffic from entering Harmony Ridge Subdivision.

Rick Curry, Harmony Ridge resident, expressed concern about access.  That issue was discussed.

Other Harmony Ridge residents expressed concern about increased traffic in Harmony Ridge and the possibility of multi-family units being constructed. 

Motion by Tackett, second by Richardson, to approve the Preliminary Subdivision Plat, including the three requested variances, subject to the twenty-one (21) conditions of approval.  By roll call vote, motion carried 5-3, with Hampton, Lacy, and Gregory dissenting due to the access issue.

PDP-2008-16  Action Home Improvement (J & B Automart) – Amendment to a development plan to locate a landscaping business with an office and outdoor storage for landscaping products, located on the west side of Connector Road, east of I-75, north of U.S. 460 E.

Commissioner Richardson verified that violations exist on this property, and felt that it should not be heard until the violations are resolved.  Mr. Perkins reviewed the City ordinance addressing that situation, stating that if the applicant is working to correct the violations within the timeframe given, then the application can be heard.  Mr. Krebs reviewed the status of the violations, stating that the corrections have been substantially completed, but not totally completed.

Tom Bradley, Thoroughbred Engineering and representing the applicant, stated that the violations are on the construction done by J & B Automart.   Action Home Improvement has been making the corrections.  He asked that a condition of approval be added that requires the corrections to be completed within 15 days.  Mr. Perkins felt that since substantial progress has been made, it would be reasonable for the Commission to hear the application.

David Wolfe, applicant, reported his plans to correct the deficiencies.  After further discussion, Mr. Perkins suggested postponing the application with the directive that the deficiencies need to be corrected and shown as certified in the record before it is heard by the Commission.  In that way, no interpretation of the City ordinance is needed and the Commission is not being asked to take action while there are any outstanding deficiencies.

Motion by Richardson, second by Lacy, to continue the application to the June meeting so that all of the deficiencies will have been corrected.   Motion carried.

Proposed amendment for Traffic Management Contract

Mr. Sapp explained the need for amending the contract (budgetary) and reviewed the changes.  The line item relating to the 2010 World Equestrian Games for $11,116 is being removed. 

Motion by Lacy, second by Tilford, to approve the amendment to the Traffic Management contract.  Motion carried.

Discussion on letter regarding drainage on South Broadway

The Commission read the letter to the Mayor and City Council written by Mr. Perkins regarding the drainage problem on South Broadway. 

Motion by Tilford, second by Bradley, to recommend that the letter be sent to the Mayor and City Council.  Motion carried.

Waiver for Phases 2 and 3 of Lake Forest

Mr. Ardary reported that the applicant is requesting a waiver on two perimeter setbacks, one side and one rear.  A condition of approval requires a 25’ setback around the perimeter of the subdivision due to the close proximity to A-1 property; however, because most of the property surrounding Phases 2 and 3 is now residential, the applicant is requesting a reduction of the setbacks to 20’. 

It was noted that an amended plat would be filed with the amended setback.

Motion by Lacy, second by Gregory, to approve the requested amendment of the setback from 25’ to 20’ where adjacent to residential property.  Motion carried.

Six-month probation period for Matt Tolar and Pat Shoemaker

Motion by Gregory, second by Holland, to go into Executive Session.  Motion carried.

Motion by Tilford, second by Bradley, to come out of Executive Session.  Motion carried.

Motion by Tilford, second by Holland, to approve permanent status for Matt Tolar and Pat Shoemaker.  Motion carried.

The meeting was then adjourned.