# Planning Commission Subdivision Public Hearing - October 10, 2013 > Auto-transcribed civic record · October 10, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3138 - **Source video**: https://lfucg.granicus.com/player/clip/3138?view_id=14&redirect=true - **Date**: 2013-10-10 - **Last revised**: July 15, 2026 - **Length**: 4,482 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on October 10, 2013, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included consideration of 10 agenda items. The Commission took 9 motions and votes during the session and heard 4 public comments. Of the 10 properties and projects on the agenda, the Commission approved 6 items: Chevy Chase Place, Joseph G. Dodge Farm – Tract 2-B (Lane Allen Shopping Center – Turfland Mall), Thoroughbred Properties LLC, Arnold Properties LLC, Wiggins & Company, and Belleau Woods Shopping Center (Tates Creek Shopping Centre, Lot 5). Four items were postponed for further consideration: Grifftown LLC Property, Mapleleaf Subdivision Unit 1, Glen Creek (Dove Creek), and Ellerslie Place Lots 2 & 2A (Midland Crossing). The postponed items were scheduled for future meetings with dates ranging from November 3, 2013, through December 24, 2013. ## Attendance **Present:** Mike Owens, Eunice Beatty, Patrick Brewer, David Drake, Carolyn Plumlee, Carla Blanton, and Frank Penn **Absent:** Will Berkley, Mike Cravens, Karen Mundy, and Bill Wilson **Late:** None reported ## Votes and Decisions **Approval of Minutes** [timestamp: 0:10:54] The body unanimously approved minutes from August 22, 2013, and September 26, 2013. The motion was made by Carolyn Plumlee and seconded by Patrick Brewer. All seven members voted in favor: Mike Owens, Eunice Beatty, Patrick Brewer, David Drake, Carolyn Plumlee, Carla Blanton, and Frank Penn. **Postponements** Four items were postponed by unanimous vote: - Plan 2013-110F: Mapleleaf Subdivision, Unit 1 (AMD) postponed to October 24, 2013 [timestamp: 0:12:36]. Motion by Frank Penn, seconded by Carolyn Plumlee. Vote: 7-0. - Plan 2013-108F: Grifftown, LLC Property postponed to October 24, 2013 [timestamp: 0:13:46]. Motion by Carolyn Plumlee, seconded by Frank Penn. Vote: 7-0. - DP 2013-74: Glen Creek (Dove Creek) (AMD) postponed to November 14, 2013 [timestamp: 0:14:48]. Motion by Patrick Brewer, seconded by Carolyn Plumlee. Vote: 7-0. - DP 2013-80: Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) postponed to October 24, 2013 [timestamp: 0:15:56]. Motion by Carolyn Plumlee, seconded by Eunice Beatty. Vote: 7-0. **Consent Agenda Approval** [timestamp: 0:18:40] The body conditionally approved Consent Agenda items Plan 2013-109F, Plan 2013-116F, DP 2013-78, and DP 2013-82. Motion by Frank Penn, seconded by Patrick Brewer. Vote: 7-0. Approval was conditioned on 30 requirements including acceptance by the Urban County Engineer of drainage and sewers, approval of landscaping by Building Inspection, and various technical revisions to the plans. **Plan 2013-115F Approval** [timestamp: 0:37:02] Joseph G. Dodge Farm – Tract 2-B (Lane Allen Shopping Center – Turfland Mall) (AMD) was approved with waiver of Article 6-8(q)(3) of Land Subdivision Regulations. Motion by Patrick Brewer, seconded by Carolyn Plumlee. Vote: 7-0. Approval included 17 conditions. **DP 2013-83 Approval** [timestamp: 0:42:11] Belleau Woods Shopping Center (Tates Creek Shopping Centre) (Lot 5) (AMD) was approved with revised conditions. Motion by Carla Blanton, seconded by Carolyn Plumlee. Vote: 7-0. Approval included 19 conditions. **Bond Release and Call** [timestamp: 0:42:44] The body approved release and call of bonds dated October 10, 2013. Motion by Carla Blanton, seconded by Patrick Brewer. Vote: 7-0. ## Public Comment Four speakers addressed the board during the public comment period. **Greg Isaacs** [timestamp: 0:12:03] representing Palmer Engineering, requested a two-week postponement of the Mapleleaf Subdivision plat (Plan 2013-110F) to address development plan issues. The postponement was granted. **John Nippor** [timestamp: 0:34:22] representing Endris Engineering, responded to questions regarding Plan 2013-115F. He confirmed that the Walgreens store would be oriented to face the intersection of Lane Allen and Harrodsburg Road, with dumpsters located in the rear. Nippor expressed support for the staff's recommendation. **Michael Rickey** [timestamp: 0:34:57] representing Anchor Properties, also spoke in support of Plan 2013-115F. He confirmed the Walgreens orientation and agreed with staff recommendations, noting that any significant changes to the project would require a new development plan. **John DePore** [timestamp: 0:41:32] representing Endris Engineering, addressed the Bella Woods Shopping Center amendment (DP 2013-83). He accepted the revised conditions and requested approval for the project. ## Contested Items **Waiver of Article 6-8(q)(3) for Right-in/Right-out Access** A request for a waiver under Article 6-8(q)(3) to permit right-in/right-out access on Lane Allen Road generated discussion among meeting participants. The proposed access point would be located less than 400 feet from an existing access, which ordinarily would not be permitted under standard regulations. The disagreement centered on public safety concerns and the potential precedent that approving the waiver might establish. Participants raised questions about whether allowing this exception could lead to similar requests in the future and what the implications might be for traffic safety and road operations. Despite the split among those present, the waiver was ultimately approved, though the approval came with conditions attached to address the concerns that had been raised during deliberation. ## GRIFFTOWN, LLC PROPERTY (12/2/13)* [timestamp: 00:13:11] The meeting included discussion of a property subdivision plan for Grifftown, LLC involving property at 128-132 York Street. The agenda item was identified as 2013-108F. **Key Participants** The discussion involved Tom Martin, Carolyn Plumlee, and Frank Penn. **Issue Presented** The applicant presented a plan to subdivide the property at 128-132 York Street. However, concerns were raised regarding compliance with Article 4-5(a) of the Zoning Ordinance, which governs non-conforming lots. **Outcome** The subdivision plan was postponed. The applicant requested a two-week postponement, which was granted by the meeting body. ## CHEVY CHASE PLACE (12/2/13)* A proposal to subdivide one lot into five lots at 866 E. High Street was presented for approval. [timestamp: 00:17:01] **Key Speakers** Bill Sallee and Tom Martin participated in the discussion of this agenda item. **Proposal and Approval** The subdivision plan was conditionally approved as part of the consent agenda. The approval included standard sign-off conditions and required revisions to the front setback and lot designation. **Outcome** The proposal was approved. ## MAPLELEAF SUBDIVISION, UNIT 1 (AMD) (12/2/13)* [timestamp: 00:12:03] This agenda item addressed an amendment to subdivide one lot into five lots at 3140-3150 Mapleleaf Drive. **Key Participants** Greg Isaacs and Tom Martin led the discussion on this matter. **Discussion and Concerns** The amendment proposal involved subdividing a single lot into multiple parcels at the Mapleleaf Drive location. During review, conflicts were identified between the proposed subdivision and the previously approved development plan for the property. Additionally, questions arose regarding lot numbering and the placement of building lines that required clarification before the proposal could move forward. **Outcome** The item was postponed to allow time for resolution of the identified conflicts with the approved development plan and to clarify the lot numbering and building line specifications. No further action was taken at this meeting. ## JOSEPH G. DODGE FARM – TRACT 2-B (LANE ALLEN SHOPPING CENTER – TURFLAND MALL) (A **Agenda Item:** 2013-115F **Type:** Discussion **Outcome:** Approved The amendment to subdivide one lot into two lots at 2001 Harrodsburg Road was approved by the body. The approval included a waiver of Article 6-8(q)(3) of the Land Subdivision Regulations. **Key Details:** The subdivision plan allows for a right-in/right-out access on Lane Allen Road. The approval is contingent on: - Frontage improvements - Technical review **Key Speakers:** - Tom Martin - John Nippor - Michael Rickey The discussion on this item occurred approximately 19 minutes and 13 seconds into the meeting [timestamp: 0:19:13]. ## THOROUGHBRED PROPERTIES, LLC (AMD) (12/24/13)* [timestamp: 0:17:35] An amendment to subdivide one lot into two lots at 904 North Broadway was presented for consideration. Bill Sallee and Tom Martin were the key speakers on this agenda item. The proposal was conditionally approved as part of the consent agenda. The approval included the following conditions: * Record plat designation * Site statistics * Removal of building from plan The amendment received approval with these specified requirements in place. ## GLEN CREEK (DOVE CREEK) (AMD) (11/3/13)* **Agenda Item 2013-74** An amendment to the Glen Creek (Dove Creek) development was discussed regarding proposed changes at 1145 & 1156 Appian Crossing Way. The amendment would delete townhouses from the original plan and add four apartment buildings in their place. **Key Speakers** Tom Martin and Patrick Brewer led the discussion on this agenda item. **Concerns Raised** The primary concern addressed during the discussion involved circulation and access on Jones Trail. These issues were significant enough to warrant further review before the amendment could be approved. **Outcome** The amendment was postponed for one month to allow time to address the circulation and access concerns on Jones Trail. [timestamp: 0:14:17] ## ELLERSLIE PLACE, LOTS 2 & 2A (MIDLAND CROSSING) (AMD) (11/26/13)* [timestamp: 0:15:21] An amendment to revise site plans for apartments and commercial use at 222 Midland Avenue and 225 Walton Avenue was discussed. The proposed development, known as Midland Crossing, involved modifications to previously approved plans. Key speakers Tom Martin and Carolyn Plumlee addressed the matter. During the discussion, concerns were raised regarding neighborhood notification and zoning compliance issues that required further attention before the item could proceed. The meeting resulted in a postponement of the amendment for two weeks to allow time to address these outstanding issues. ## ARNOLD PROPERTIES, LLC (AMD) (12/2/13)* An amendment regarding parking and circulation changes at 1171 Appian Crossing Way was presented for consideration [timestamp: 0:17:35]. The item was identified as agenda item 2013-78 and presented by Bill Sallee and Tom Martin. The amendment proposed modifications to the parking and circulation layout at the property. The proposal was conditionally approved as part of the consent agenda, with several conditions attached to the approval: - Site statistics requirements - Building lines specifications - Sidewalk relocation The conditional approval indicates that while the amendment was accepted, the applicant must satisfy the specified conditions before proceeding with implementation of the parking and circulation changes. **Outcome:** Approved with conditions ## WIGGINS & COMPANY (AMD) (12/2/13)* An amendment to modify the building and parking layout at 2510 Nicholasville Road was presented for consideration. [timestamp: 0:18:10] **Key Speakers** Bill Sallee and Tom Martin participated in the discussion of this agenda item. **Outcome** The amendment received conditional approval as part of the consent agenda. The approval included the following conditions: * Revised notes to be submitted * Clarification of the vicinity map to be provided ## BELLEAU WOODS SHOPPING CENTER (TATES CREEK SHOPPING CENTRE) (LOT 5) (AMD) (12/2/13) [timestamp: 0:38:10] The board discussed an amendment to reconfigure the buildable area and vehicular access for Lot 5 at 4161 Tates Creek Centre Drive. Tom Martin and John DePore were the key speakers on this agenda item. The amendment proposal involved modifications to the site plan for the shopping center lot, specifically addressing how the buildable area would be configured and how vehicles would access the property. During the discussion, the board raised and addressed concerns related to tree protection areas and floodplain considerations for the site. The board approved the amendment with revised conditions. These conditions included requirements for verification of the tree protection area and further discussion regarding floodplain issues affecting the property. The approval reflected the board's confidence in the revised proposal while ensuring that environmental and site-specific concerns were properly documented and addressed through the conditions placed on the approval. --- ## Decisions - **Motion** — passed (7-0): Approval of minutes from August 22, 2013, and September 26, 2013 - **Motion** — passed (7-0): Postponement of Plan 2013-110F: Mapleleaf Subdivision, Unit 1 (AMD) to October 24, 2013 - **Motion** — passed (7-0): Postponement of Plan 2013-108F: Grifftown, LLC Property to October 24, 2013 - **Motion** — passed (7-0): Postponement of DP 2013-74: Glen Creek (Dove Creek) (AMD) to November 14, 2013 - **Motion** — passed (7-0): Postponement of DP 2013-80: Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) to October 24, 2013 - **Motion** — passed (7-0): Conditional approval of Consent Agenda items: Plan 2013-109F, Plan 2013-116F, DP 2013-78, DP 2013-82 - **Motion** — passed (7-0): Approval of Plan 2013-115F: Joseph G. Dodge Farm – Tract 2-B (Lane Allen Shopping Center – Turfland Mall) (AMD) with waiver of Article 6-8(q)(3) of Land Subdivision Regulations - **Motion** — passed (7-0): Approval of DP 2013-83: Belleau Woods Shopping Center (Tates Creek Shopping Centre) (Lot 5) (AMD) with revised conditions - **Motion** — passed (7-0): Approval of release and call of bonds dated October 10, 2013 --- ## Full transcript This is for all the lonely people Thinking that life has passed them by Don't give up until you Drink on a silver cup And ride that highway in the sky This is for all the single people Thinking their love has left them dry Don't give up until you Drink on the silver cup You never know until you try Well, I'm on my way Yes, I'm back to stay Well, I'm on my way back home Hit it! This is where all the lonely people Thinking that life is past them by Don't give up until you drink from the silver cup I'll never take you down or never give you up You'll never know until you cry But I can't look in the window But I feel I've got to move I'm gone, gone I'll be coming home soon Long as I can see the light Pack my bag and let's get through Cause I'm found it crippled Oh I'm gone, gone You don't have to worry no As long as I see the light I guess I've got that old traveling bone But it feels like you're leaving alone But I won't, won't be losing my way, no, no As long as I see the light Yeah Yeah Yeah Oh yeah But I can't open the window But I feel I've got to move So I'm gone I'll be coming home soon As long as I can see the light As long as I can see the light As long as I can see the light As long as I can see the light As long as I can see the light Baby, I want you Don't you? Baby, I'ma need you. You're the only one I care enough to hurt about. Maybe I'ma crazy, but I just can't live without. True love and affection Giving me direction Like a guiding light To help me through my darkest hour Lately I'm a praying That you'll always be You're staying beside me Used to be my life Was just emotions passing by Feeling all the while I never really knowing Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Good afternoon, ladies and gentlemen. It is 1.30. I'll call this meeting of October 10, 2013 to order. First on the agenda are approval of minutes. We have minutes that were emailed to commission members from the August 22 and September 26 meeting. And I have not heard of any corrections or additions. If there are any corrections or additions, please bring them forward now, or I'll entertain a motion for approval. Yes, ma'am. Ms. Blumley. Move approval of August 22nd commission meetings and September 26, 2013 commission meetings. Motion's been made and seconded for approval of minutes. Please vote when it comes up on the screen. Motion passes. Thank you. Postponements or withdrawals? Do we have any postponements or withdrawals from the agenda today? Yes, sir. Please come forward. Greg Isaacs with Palmer Engineering. We're representing the Maple Leaf development and subdivision plat. we request postponement so we can address a couple of development plan issues. Okay. Until when, I'm sorry? For two weeks. Two weeks. Okay. That will be until the 24th, I believe. Yes. Yes. So that's plan 2013-110F, Maple Leaf Subdivision, which is on page two of the agenda. Anyone in the audience wish to speak to this request for postponement? Any commission member? If not, I'll entertain a motion. Mr. Chairman. Yes, sir. Mr. Chairman, I move for a two-week postponement of Plan 2013-110F until October the 24th. Thank you. Do we have a second? Second. Motion has been made and seconded for postponement of Plan 2013-110F. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you. Any other requests for postponements or withdrawals? Mr. Chairman, staff does have several items to bring to your attention on today's agenda. The first item is on page 1, item A, Plan 2013-108F, Grifftown, LLC property. This is property located at 128 and 132 York Street. Staff has received a written request from the applicant for a two-week postponement of this plan. Thank you. Anyone in the audience wish to speak to this request for postponement? Any commission member? Seeing none, I will entertain a motion that will be also until October 24, 2013. Yes, ma'am. Move postponement plan 2013-108F for two weeks, October 24th. Thank you. Do we have a second? Second. Motion has been made and seconded for postponement for two weeks until October 24th. That's plan 2013-115L. Please vote when it comes up on the screen. That motion passes. Others, sir? Yes, sir, Mr. Chairman. If I may direct your attention to page three of your agenda. Under Development Plans, Item A, DP2013-74, Glen Creek, also known as Dove Creek, amended. We have received, this is property located at 1145 and 1156 Appian Crossing Way. We have received a written request from the applicant for a one-month postponement on this development plan. Thank you. Anyone in the audience wish to speak to this request for postponement? Any commission member? Seeing none, I will entertain a motion. That would be until November 14th, I believe. Yes, sir. Yes, sir. Patrick. I make a motion for postponement for one month of DP 2013-74, Glen Creek. Thank you. Motion has been made and seconded. That's for one month, correct? Yes. Motion has been made and seconded for one month postponement of Plan 2013-74. please vote when it comes up on the screen. That motion passes. Any other... Mr. Chairman, we have one more item to bring to the Commission's attention. This is on page 4 of your agenda, item B. It is DP 2013-80, Ellerslie Place, slots 2 and 2A amended. This is property located at 222 Midland Avenue and 225 Walton Avenue. We have received a request from the applicant for a two-week postponement on this development plan. Thank you. Anyone in the audience wish to speak to this request or a commission member? Seeing none, I'll entertain a motion for a two-week postponement until October 14th. Yes, ma'am. Move postponement for two weeks of DP 2013-80. Thank you. Do we have a second? Second. Motion's been made and seconded for a two-week postponement. Yes, it's October. October 24th. I'm sorry, October 24th. Wrong number. October 24th on DP 2013-80. Please vote when it comes up on the screen. Motion passes. Thank you. Any other requests? If not, we'll start on pay, I'm sorry, consent agenda would be next. Mr. Sally, I think everybody has a tanned sheet before them with the consent agenda on it. Thank you, Mr. Chairman. Members of the Commission, good afternoon. I'm glad to inform the Commission that many of the remaining items do qualify for consideration at this time for approval on your consent agenda. There are two final subdivision plans that have been recommended for conditional approval by the Commission's subdivision committee. The first appears on page 2, item B of today's meeting agenda. It is plan 2013-109F, a final record plat for Chevy Chase Place, for property located at 866 East High Street. Another item on the following page, page 3, item E, also appears on the consent agenda. That is Plan 2013-116F, an amended final plat for Thoroughbred Properties, LLC, located at 904 North Broadway. In addition, there are two development plans that also appear on your consent agenda. The first is on page 4 of your meeting agenda, item C, DP2013-78, an amended final development plan for the Arnold Properties, LLC, located at 1171 Appian Crossing Way. In addition, on page 5, item D of your meeting agenda, DP 2013-82, an amended final development plan is shown for Wiggins and Company, located at 2510 Nicholasville Road. Mr. Chairman, these four items can be considered for approval as recommended by your subdivision committee at this time, unless a member of the audience, an applicant, or a member of the Planning Commission would ask to remove one of these four items to allow for further discussion. Thank you. Thank you, Mr. Salley. Anyone in the audience wish to hear one of these items? Any commission member? Seeing none, I'll entertain a motion for the consent agenda. Yes, sir. Mr. Chairman, I move approval of our consent agenda as presented by Mr. Salley. The motion has been made and seconded for approval of the consent agenda as read. Please vote when it comes up on the screen. That motion passes. Thank you. So a couple of remaining items. We'll start at the bottom of page 2. It's plan 2013-115F, Joseph G. Dodge property. You do have revisions. that's on a blue sheet that's before you and we'll give staff an opportunity to set up. Mr. Martin, sir, good afternoon. Good afternoon, Mr. Chairman, members of the Planning Commission. The first item to be heard on your agenda today is at the bottom of page 2, Plan 2013-115F, the Joseph G. Dodge Farm, Track 2B. Staff has distributed to you on a blue handout revised conditions on this plan. The property in question is located at the intersection of Harrodsburg Road and Lane Allen Road. You have most recently seen development proposed on the Springs property across Harrodsburg Road in this general location, including the CVS, which was built and is currently directly across the road. Of course, Turflin Mall with the Home Depot, Chick-fil-A is down in here, Home Depot and Turflin Mall is all in this area relative to the property. The proposal is to subdivide the corner lot where the old Verizon building sits into two lots. This lot is just over an acre in size, this proposed lot. This lot is just under one and a half acres in size of interest in this particular lot split and was of great concern to the applicant as they are indicating access points on a plat. Now, this isn't a common practice as it used to be. There was a time when you dealt with this much more often on record plots than we generally do today. And one of those reasons is the proliferation of development plans. You see a lot more development plans now than you used to in the past that govern development of the property. They are requesting permission to have a write-in, write-out at this location. There is a full median in Lane Allen in this location. There is an easement being proposed, an access easement, that will provide access to this rear lot. They are requesting to maintain the existing access point at this location. It will be a full access point allowing ingress, but only right-turn egress at this location. We received this revised plan yesterday afternoon and prepared your revised conditions for you. You can see that staff is recommending approval subject to your usual sign-offs for the usual city agencies and utility companies for a record plat. In addition, there are several cleanup conditions on this plan, including denoting reciprocal access for the property, Kentucky Transportation Cabinet approval of the proposed access to Herodsburg Road. As I stated, this is an existing access point. Harrisburg Road is, of course, a state-maintained highway, and they have the jurisdiction on that highway. They need to clean up their labeling for the front setback. It actually should be correctly labeled as a building line. It is a late plan. It will need to be reviewed by your technical committee prior to certification. And in addition, in our conversations with the applicant and in their concern about the access points, staff reviewed the plan and discovered the need for a waiver of your subdivision regulations. And that report has been handed out to you, the review of the circumstances and a recommendation of that report. And I will, again, the applicant had great concerns about establishing an access point on this record plat on Lane Allen Drive, as well as maintaining this full access point. And as I stated before, that's not a normal situation with a lot of record plats. Occasionally it is, but it's just not as common a practice. In our review of this requested access point, since it's new, staff determined that they needed a waiver of the land subdivision regulations. The land subdivision regulations regulate access by land use. It doesn't distinguish between types of access, whether it's full or right in or right out. It regulates access. The distance required on an arterial, and this is actually classified as a minor arterial, and of course Harrisburg is a major arterial in our classification system. The spacing is a minimum of 400 feet. And this location, which will serve both of these lots, is 300 feet or so from this intersection. And you measure from center line to center line. It's approximately 300 feet this direction. It's about 240, 45 feet from the entrance by Home Depot. So you can see, no matter which direction you come from, this does not meet your subdivision regulations. This site, by the way, this existing one, if measured from the center point here, is about 350 feet, actually, from the center point. Now, obviously, these roads have been reconstructed over the years, but this one is actually about 350 feet, give or take a few feet, from the center line of this intersection. And over here, you can see this was the right in and right out that was granted to CVS. And again, you may recall, they got a right in and right out off Harrodsburg Road, as well as Rosemont Garden. They got a right in and right out. And those were governed under a development plan and were granted by the Planning Commission on that development plan and not a record plan. Again, why this is slightly unusual. In our discussions with the applicant and the discussion with the waiver, we have recommended that they do frontage improvements, which they've agreed to along the entire frontage. This includes a turn lane, a turn lane here. It includes sidewalks, which staff felt was very important because the pedestrian facilities in this area over the years have been somewhat hit and miss. And we like to get sidewalks where we can. And this is an opportunity to do so along with curb and gutter. There will be striping and that sort of thing done along Harrodsburg Road to help control traffic movements on Harrodsburg Road. And as I stated before, we've got a full median here that will hopefully prevent people from trying to force their way left in this location. Staff has, as I stated, reviewed this. We reviewed it both with Traffic Engineering and the Division of Engineering. And we are recommending approval of the waiver. The frontage improvements, staff is recommending that they be tied to the development of Lot 1. Well, they're proposing the Walgreens to move there, but on Lot 1. And we have an exhibit. And here's the exhibit and how they're proposing to develop the properties. They are proposing the Walgreens to move down here and locate in this location. Here's your right in, right out off Lane Allen. Here's your existing access point. This is a proposal for something. They're not sure what, but they do anticipate a bank, a restaurant, something will develop here. There are existing access points into Turfland Mall. They are on the development plan for Turfland Mall. This property is not governed by that development plan. There's never been a development plan on this property. They've provided this exhibit. They've provided a note on the plan stating they intend to develop this property as they are presenting it to you today. Any changes in the proposed development of this property that would exceed a minor amendment under Article 21 of the regulations, they have agreed, per that note, to bring a development plan back to the Planning Commission for approval. As I stated, there's never been a development plan on this property. How it will be developed is through the building permit process. And so that's why staff thought it was important to tie those frontage improvements to the development of Lot 1. We'd like to see all those done at that time through that process. They have the legal right to do that since there's never been a development plan just to go to bill inspection and request a permit and have their construction plans approved through that process. if you have any questions for me again staff is recommending approval of the waiver request your subdivision committee has recommended approval of the plat thank you Mr. Martin Mr. Penn, question Tom, when I look at this you talk about both of these are less than 400 feet but on the one on Harrisburg Road the inbound traffic will have a left turn into that property But northbound traffic, yes, sir, will have a left turn into that property. Yes, sir. And that's closer than 400 feet to the intersection? It is. Yes, sir. So the waiver request does include a left-hand turn there? It's an existing access point. The waiver request is actually for the spacing on the Lane Allen access point. Okay. Thank you. Yes, sir. Other questions? Mr. Dr. Beatty? Tom, how much is from the distance of the access point on Harrodsburg Road to the, I guess, the main entrance to Turflin Mall area? What is that distance? You know, I have not measured that. That's an excellent question. I am familiar with the area, and I would be comfortable in saying that it does exceed 400 feet. Okay. And then sort of a process question. Will we see a development plan? Is that my understanding? I know you were talking about this is a little different. Will we see a development plan for Lot 1 and then Lot 2? Not necessarily. There's not a development plan that governs this property. What they have agreed to and placed a note on the plat is that should they alter the development from the exhibit that you see before you today beyond the scope of a minor amendment, under your ordinance, then they will, in fact, bring a final development plan before you. So then I guess this is a broader question. So the frontage of those, whatever gets developed there, does the frontage make a difference if it fronts on Lane Allen or Harrisburg Road or to the Turflin Mall side when we're trying to consider what else will develop there and sidewalks and access, does that make a difference where those buildings will front? I don't believe it will make a difference how they front. And staff also, that's one reason we discussed frontage improvements with them, so that we can get those now with the development of this property. And hopefully in the future we'll have other opportunities to improve those facilities as that property may redevelop. I'm just thinking about where dumpsters would be located and how it all sets up afterwards. Yes, ma'am. The good news is they will go to building inspection, request a permit. Every agency that generally is on your plan as a condition of a sign-off is at those meetings. They will review these site plans to make sure that all that functions and all that functions correctly. Mr. Penn? Dr. Bay brings up a really interesting question. Now that we've developed the Springs property on the other corner, and we know how that drugstore is faced, if they were to come in with a development plan for Walgreens and it faced the opposite way, it does affect the way that corner looks and functions. And if they brought in a development plan, Mr. Penn, then we would have the opportunity to evaluate that and present it to this body for its approval. But they don't have to bring a development plan? Only if they change that proposed development significantly from what you see before you today. I'll ask the applicant, then. Thank you. Yes, sir. Other questions for Mr. Martin? If not, thank you, sir. Applicant? Thank you. Good afternoon. Good afternoon, Mr. Chairman, members of the committee. My name is John Nippor with Endress Engineering, and I'm here to answer any questions you might have. Mr. Penn. Let me ask you the same question I asked Mr. Martin. We're seeing a Walgreens there. Let's assume that's what happens there. Which way is your intent to front Walgreens? Do you want to front it like the one across the street? Good afternoon, ladies and gentlemen. My name is Michael Rickey with Anchor Properties. We are the developers of the proposed project. The Walgreens store will be oriented towards the intersection of Lane Allen and Harrodsburg Road. It will face the intersection. It will not face internally. Therefore, issues such as dumpster locations and things of that nature, Those will all be in the rear of the building facing the Home Depot rather than facing out towards the street. Okay. So it will roughly be the same way that CVS is across the street? That is correct. Thank you. Yes. Any other questions for the applicant? No? We do agree with the staff's recommendation and support the staff's recommendation. Thank you, sir. Thank you. Anyone else in the audience wish to speak to this plan? Seeing none, any other questions from the Commission? If not, yes, ma'am? I'm sorry. I have a question about subsequent buildings coming up, going southward. Will we permit left-hand turns into all those? Are we going to just have a series of left-hand turns to all those buildings? Mr. Martin? I mean, we set a precedent there. You don't understand what I'm trying to say. Say there was another building applicant next to Walgreens going south. Will we permit left-hand turns into all those? Are we just making this a series of driveways is what I'm asking. Yes, ma'am. The property to the south would be towards the Chick-fil-A, and that is on the Turfland Mall development plan. It would have to be developed per an amendment to that development plan and would utilize the internal access and then the existing external access. Now, they could always ask this body to grant an access point, but again, spacing would be problematical, I believe. But again, this section down here that you see is governed by the Turfland Mall Development Plan. Any other questions? If not, I'll close this part of the hearing and open it up for any discussion and or motion. Depending on which way the motion goes, the waiver can be included with motion. Mr. Brewer? If there's no other discussion, I'm going to make a motion. Yes, sir. Move for approval of Plan 2013-115F, including the request for the waiver based on the findings of staff. Second. Thank you. Motion has been made and seconded for approval of Plan 2013-115F, Joseph G. Dodge Farm, with waiver as recommended by the staff with their recommendations. If there's no further discussion on the motion, please vote when it comes up on the screen. Motion passes. Thank you. Next on the agenda would be at the bottom of page 5. It's DP 2013-83 Bella Wood Shopping Center You do have a revision before you that's on a gray sheet Good afternoon, Mr. Chairman. Good afternoon. ladies and gentlemen members of the commission this is development plan 2013-83 Bellow Woods Shopping Center better known as Tates Creek Shopping Center located at 4161 Tates Creek Center Drive it is an amended final development plan and the purpose the purpose of this amendment is to reconfigure the buildable area and vehicular access for lot 5 this being lot five the former Pizza Hut lot which is winter stands been demolished the building's been demolished the applicant has provided a detail here on the plan and we provided an enlarged version here for your information of that detail The subdivision committee had recommended approval subject to the conditions listed on the agenda today. However, the applicant did deliver a revised plan on October 7th, which addressed a great deal of the conditions identified by the subdivision committee, and with one remaining discussion item, for which reason it was referred to this body. So with this revised plan, we can offer you these revised conditions and the recommendation of approval. The first nine conditions are the standard sign-offs for urban county engineer, urban county traffic engineer, building inspection, addressing office, urban forester, Bike and Ped Planner, Division of Fire, Water Control Office, Division of Waste Management, and Documentation of Compliance with the CAP Program. Condition 10, we ask that they denote simply C below on Lot 5 on the face of the plan, which would refer the viewer to the details shown from here to here. The one discussion item, which originally was number 20, referred to the tree protection area, which we felt like existed. We asked them to verify the existence of the tree protection area in the floodplain area of the creek at the very back of the lot, back here, which they did verify and identified on the face of the plan. So with that, we'll take your questions and comments. Any questions for David? Nope. Thank you, sir. Thank you. Applicant, anything to add? Mr. Chairman, John DePore with Endress Engineering. we accept those conditions and request your approval. Thank you. We appreciate the revisions. Any questions for the applicant? Seeing no one else in the audience. If there's no questions, I'll close this part of the hearing and open it up for any discussion and or motion. Ms. Blanton? Move approval of DP 2013-83 Bella Woods Shopping Center with the ten revised conditions outlined by staff. Thank you. Do we have a second? Second. And the motion was seconded for the approval of DP 2013-83 Bella Woods Shopping Center revised conditions. Please vote when it comes up on the screen. The motion passes. Thank you, sir. We do have on our agenda the release and call of bonds on a memorandum dated October 10, 2013. We need a motion on that. Move for approval of the release and call of bonds dated October 10, 2013. Thank you. And motion was made in a second for approval. Please vote when it comes up on the screen. That motion passes. Thank you. Commission items? Anything from the commission at this point? Staff items? Only to remind you, the work session next week, Mr. Chairman, a pretty full docket. A fun-filled work session. Audience items. No one's present. So, otherwise, I think that covers it. If I can have a motion for adjournment. In a second. Motion is made and seconded. All those in favor, please say aye. Any opposed? Thank you. Here we go.