# Planning Commission Subdivision Items - May 12, 2016 > Auto-transcribed civic record · May 12, 2016 - **Permalink**: https://meetings.lexingtonky.news/meeting/3958 - **Source video**: https://lfucg.granicus.com/player/clip/3958?view_id=14&redirect=true - **Date**: 2016-05-12 - **Last revised**: July 15, 2026 - **Length**: 7,900 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 May 12, 2016, 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 addressed nine agenda items. The Commission took seven motions and votes during the session and heard one public comment. Of the nine items considered, five were approved: Hamburg Place Office Park, Lot 13 (AMD); Tuscany, Unit 1-A, Lot 83 (AMD); Humana, Inc. (St. Joseph East Expansion) (AMD); Wynndale Subdivision; and Interchange Service Center, Lot 8B. Three items were postponed: Wynndale Subdivision, Lot 1 (AMD); Loudon Park Addition, Block 2, Lots 3-10; and Tuscany, Unit 1, Lot 169 (YMCA Property) (AMD). Hamburg Place Office Park, Lot 13 (AMD) appeared on the agenda twice and was approved. ## Attendance **Present:** Mike Owens, Will Berkley, Mike Cravens, David Drake, Carolyn Plumlee, Carolyn Richardson, Frank Penn, Bill Wilson, and Joe Smith. **Absent:** Karen Mundy and Patrick Brewer. **Late arrivals:** None. ## Votes and Decisions **Postponement of PLAN 2016-33F: WYNNDALE SUBDIVISION, LOT 1 (AMD)** [timestamp: 00:05:10] Motion by Bill Wilson, seconded by David Drake. The motion to postpone this item to June 9, 2016 passed by voice vote. All nine members voted in favor: Mike Owens, Will Berkley, Mike Cravens, David Drake, Carolyn Plumlee, Carolyn Richardson, Frank Penn, Bill Wilson, and Joe Smith. **Indefinite Postponement of DP 2016-12: LOUDON PARK ADDITION, BLOCK 2, LOTS 3-10** [timestamp: 00:06:17] Motion by Carolyn Plumlee, seconded by Bill Wilson. The motion for indefinite postponement passed by voice vote with all nine members in favor. **Postponement of DP 2016-29: TUSCANY, UNIT 1, LOT 169 (YMCA PROPERTY) (AMD)** [timestamp: 00:08:02] Motion by Frank Penn, seconded by Mike Cravens. The motion to postpone this item to June 9, 2016 passed by voice vote with all nine members in favor. **Approval of Consent Agenda** [timestamp: 00:13:05] Motion by Bill Wilson, seconded by Carolyn Plumlee. The Consent Agenda was approved by voice vote with all nine members in favor, with the exception of DP 2016-39: WYNNDALE SUBDIVISION, which was removed for separate consideration. **Approval of DP 2016-19: INTERCHANGE SERVICE CENTER, LOT 8B** [timestamp: 00:27:55] Motion by Bill Wilson, seconded by Carolyn Richardson. This development plan was approved by voice vote with all nine members in favor, subject to 15 conditions including approvals from the Urban County Engineer, Traffic Engineer, Building Inspection, Urban Forester, Department of Environmental Quality, and other departments, as well as specific plan modifications and the recording of an easement minor plan prior to certification. **Approval of DP 2016-39: WYNNDALE SUBDIVISION** [timestamp: 00:55:02] Motion by Carolyn Plumlee, seconded by Mike Cravens. This development plan was approved by voice vote with all nine members in favor, subject to 17 conditions including departmental approvals, resolution of easement and roadway information, provision of full half-section improvements to Higbee Mill Road, and addition of a 10-foot building line on all townhouse lots. **Approval of Release and Call of Bonds** [timestamp: 00:55:32] Motion by Mike Cravens, seconded by Carolyn Plumlee. This motion passed by voice vote with all nine members in favor. ## Public Comment Janet Kavanis, representing the Stonewall Community Association, spoke in support of the Wynndale Subdivision development plan while raising several specific concerns [timestamp: 00:37:06]. Ms. Kavanis requested clarification and assurance on the following points: - **Sidewalk extension to Higbee Mill Park** – She sought confirmation regarding plans to extend sidewalks to connect with Higbee Mill Park - **Crosswalk placement** – She raised questions about the proposed location and design of crosswalks within the development - **Waste management** – She requested details on how waste would be managed in the subdivision - **Flood control** – She expressed concerns about flood control measures and their adequacy for the development - **Landscaping opacity** – She raised concerns about the transparency or clarity of landscaping plans Ms. Kavanis's comments reflected the community association's general support for the project while emphasizing the importance of addressing infrastructure, safety, and environmental considerations before final approval. ## Contested Items **Sidewalk Extension and Crosswalk Placement for Wynndale Subdivision** Neighbors in the Wynndale Subdivision raised concerns about pedestrian safety and accessibility regarding the lack of a sidewalk extension to Higbee Mill Park. Community members requested that a crosswalk be installed at the intersection of Higbee Mill Road and Clay's Mill Road. The opposition centered on safety and accessibility issues, with residents advocating for improved pedestrian infrastructure to connect their neighborhood to the park. **Access Easement for Pump Station in Interchange Service Center Plan** The Interchange Service Center plan encountered procedural delays stemming from disputes over access to a city pump station. The disagreement involved concerns about establishing an easement to allow proper access to the pump station. Resolution of this issue required coordination between multiple city departments and the development of legal agreements to ensure both public safety and continued access to essential city services. ## HAMBURG PLACE OFFICE PARK, LOT 13 (AMD) **Plan Identifier:** PLAN 2016-32F **Overview** The meeting addressed a proposal to subdivide one lot into two lots at Hamburg Place Office Park, Lot 13. [timestamp: 00:09:37] **Presentation and Discussion** Bill Sallee presented the subdivision plan to the body. **Approval and Conditions** The plan was approved as recommended by the Subdivision Committee. The approval included the following conditions: - Approval from the Urban County Engineer - Approval from the Traffic Engineer - Approval from Building Inspection - Approval from the Addressing Office - Utility easements **Outcome** The subdivision plan was approved. ## TUSCANY, UNIT 1-A, LOT 83 (AMD) **Plan 2016-34F** Bill Sallee presented an amendment regarding Tuscany, Unit 1-A, Lot 83. The proposal sought to reduce the front yard setback and utility easement width. [timestamp: 00:09:37] The amendment was approved with conditions. Approval was contingent upon receiving clearances from multiple departments and documentation demonstrating that the private utility provider had released its easement rights. **Outcome:** Approved ## HUMANA, INC. (ST. JOSEPH EAST EXPANSION) (AMD) **Identifier:** DP 2016-28 **Outcome:** Approved Bill Sallee presented the expansion plan for Humana, Inc.'s St. Joseph East facility [timestamp: 00:09:37]. The proposal included several infrastructure improvements to the existing site: - Added parking - Heli-stop installation - Maintenance building construction - Improved loading docks The plan was approved subject to conditions requiring approvals and documentation from multiple city departments. Specifically, the approval was contingent upon documentation of BOA (Board of Adjustment) heli-stop approval, along with necessary clearances from other relevant city agencies. ## WYNNDALE SUBDIVISION **Identifier:** DP 2016-39 The development plan for the Wynndale Subdivision was presented for consideration. The proposal involves a 20-townhouse subdivision with required parking provisions. **Key Speakers** Dave Jarman and Matt Carter led the discussion on this agenda item. [timestamp: 00:28:37] **Outcome** The development plan was approved with 17 conditions. The conditions address multiple aspects of the project, including: - Floodplain compliance - Sidewalk extension requirements - Maintenance responsibility assignments - LOMR (Letter of Map Revision) approval These conditions were established to ensure the subdivision meets applicable regulatory standards and municipal requirements before proceeding with development. ## HAMBURG PLACE, OFFICE PARK, LOT 13 (AMD) **Identifier:** DP 2016-50 **Type:** Discussion **Timestamp:** [00:09:37] An amendment to Hamburg Place, Office Park, Lot 13 was presented for consideration. The proposal sought to add buildable area and parking to the lot. **Presenter:** Bill Sallee led the discussion on this agenda item. **Outcome:** The amendment was approved with conditions. Approval was contingent upon receiving necessary approvals from multiple departments and the addition of a record plat designation to the project. ## WYNNDALE SUBDIVISION, LOT 1 (AMD) **Plan Identifier:** PLAN 2016-33F **Overview** The meeting included discussion of a proposal for Wynndale Subdivision, Lot 1 (Amendment). The plan involves creating 22 townhouse lots and one non-buildable lot. **Discussion** Rory Kahly was the key speaker on this agenda item [timestamp: 00:05:10]. **Outcome** The plan was postponed to June 9, 2016. The postponement was requested by the applicant, and there were no objections from the audience. ## LOUDON PARK ADDITION, BLOCK 2, LOTS 3-10 **Identifier:** DP 2016-12 The discussion of the Loudon Park Addition, Block 2, Lots 3-10 proposal addressed a plan for adaptive reuse that included a restaurant and public art components. [timestamp: 00:06:17] **Key Speaker:** - Tom Martin **Concerns Raised:** The primary concern identified during the discussion involved potential non-compliance with Article 8-21(o)(4) of the Zoning Ordinance. This regulatory requirement was cited as a significant issue requiring resolution before the proposal could move forward. **Outcome:** The proposal was indefinitely postponed. This postponement was made at the request of the applicant, indicating that the applicant chose to withdraw the item from consideration rather than proceed with addressing the zoning compliance concerns at that time. ## TUSCANY, UNIT 1, LOT 169 (YMCA PROPERTY) (AMD) **Identifier:** DP 2016-29 A proposal to alter an entrance to Old Rosebud Road was discussed by the board. Key speakers included Frank Penn and Mike Cravens [timestamp: 00:07:28]. The primary issue identified during the discussion was a procedural requirement. The plan had not been presented to the Subdivision Committee as mandated by Article 21 of the Zoning Ordinance. This omission prevented the board from proceeding with consideration of the proposal at this time. **Outcome:** The discussion of this agenda item was postponed. The matter was scheduled to be presented to the Subdivision Committee at their June 2, 2016, meeting, where it will receive the required review before returning to the board for further consideration. ## INTERCHANGE SERVICE CENTER, LOT 8B **Project Identifier:** DP 2016-19 **Overview** The proposal for the Interchange Service Center, Lot 8B was presented for discussion and approval. The project involves a 5-story motel with 85 rooms and 85 parking spaces. **Key Speakers** - Tom Martin - Nathan Billings **Outcome** The plan was approved with 15 conditions. **Conditions of Approval** The approval included the following requirements: - Revised access easement for a pump station - 24-hour towing service - Floodplain compliance **Transcript Reference** [timestamp: 00:13:52] --- ## Decisions - **Motion** — postponed: Postponement of PLAN 2016-33F: WYNNDALE SUBDIVISION, LOT 1 (AMD) to June 9, 2016 - **Motion** — postponed: Indefinite postponement of DP 2016-12: LOUDON PARK ADDITION, BLOCK 2, LOTS 3-10 - **Motion** — postponed: Postponement of DP 2016-29: TUSCANY, UNIT 1, LOT 169 (YMCA PROPERTY) (AMD) to June 9, 2016 - **Motion** — passed: Approval of Consent Agenda with exception of DP 2016-39: WYNNDALE SUBDIVISION - **Motion** — passed: Approval of DP 2016-19: INTERCHANGE SERVICE CENTER, LOT 8B with 15 conditions - **Motion** — passed: Approval of DP 2016-39: WYNNDALE SUBDIVISION with 17 conditions - **Motion** — passed: Approval of release and call of bonds --- ## Full transcript I heard a whole lot and I go into the court and my PSI was very unusual to this judge and the prosecution and it outlined my honesty and how this guy needs help. This guy does not need to be in prison. And so I was given the opportunity to go to the healing place and you know that's there's something working there. There's something working. I was expecting to go to prison for five to ten years and next thing you know I'm given an opportunity at recovery. That's awesome. Yeah, legal system bailed me out. No pun intended. I got on my knees and I threw up the first, like, sincere, authentic prayer of my whole life. It wasn't a foxhole prayer like, God, don't let this cop pull me over, don't let him find my stuff. It was, God, I can't do this anymore. And I need you. And at some point thereafter, it wasn't like a white light moment. light moment. I didn't hear a booming voice, but it started to get easier just to see that I didn't have to do it. Since I couldn't do it, I didn't have to do it. And I kind of let him take over. And it's been going well since then. I just decided one day that I don't want to live this way no more. It was a struggle in the beginning when I decided to make that positive change. It was a struggle because it kept pulling me back. It kept pulling me back. So it wasn't easy. It was a process for me. I had to start asking for help. I had to start actually applying the tools that were taught to me. And so that's what I did. I realized that my life is very valuable, not just to myself, but to somebody else. I wanted to stop. I knew I had to stop, But I couldn't stop. And I knew the only way I was going to stop was an intervention of some sort. And mine came in the form of the law. And when I went to jail, I finally took a deep breath because I knew it was over for me. I knew I could finally get help. I had battled addiction since I was 20 years old. And by the time I was 30 years old, I just came to that split in the road where it was either die or get on to living. And looking back, thank God I chose the right path. I'm engaged. I had my first child due in June, Christopher. I've already purchased nearly 2,000 diapers. That's what I've been investing money in, not in the stock market, but in diapers. I'm just so excited to have an opportunity to have him in my life after everything I've been through. Truly blessed. You can't force anyone to get help, you can't force anyone into treatment, but you can give your loved one good advice and that's what I'd encourage the loved ones to do. The people that are going through these struggles, they want a way out, but they don't know how. They don't know how to receive the help that is offered to them. compassion. Don't try not to get so frustrated and know that there is a solution to the problem. There is hope and there is light at the end of the tunnel. First you have to stop using. It's hard but it is so rewarding. Good afternoon, everyone. I think time got away from all of us. It is 1.30. Excuse me. I will call this meeting to order. I'd like to welcome everyone here. And at this point, there are no minutes on the agenda today for approval, so we'll move to any postponements or withdrawals from today's agenda. Anyone in the audience have any? I heard there's rumors that it might be one. Mr. Chairman, members of the commission, I'm Rory Kaley with EA Partners. Page 2, top item B, plan 2016-33F, Windale subdivision, lot 1, request a one-month postponement to June 9th. Thank you, sir. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion. Yes, sir. Mr. Chairman, I'd like to move for postponement of Plan 2016-33F. Motion's been made and seconded for postponement of Plan 2016-33F Wendell Subdivision until June 9th. Please vote when it comes up on the screen. That motion passes. Thank you, sir. Any other postponements or withdrawals? Staff? Yes, sir, Mr. Chairman, members of the Planning Commission. On page 2 of your agenda, under Development Plans, item A, DP 2016-12, Loudon Park Edition, block 2, lots 3 through 10. This is property located at 720 Bryan Avenue, 130 and 138 Loudoun Avenue. We have received a written request from the applicant for an indefinite postponement. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion. Yes, ma'am. Mr. Chair, I move postponement indefinite postponement for DP 2016-12 Loudoun Park edition. Second. Motion has been made and seconded for indefinite postponement. Please vote when it comes up on the screen. Motion passes. Any other requests for postponements or withdrawals? Seeing none, I would like to turn your attention to one that we need to. It's on page 4. It's item D, DB2016-29, Tuscany, Unit 1, Lot 169 on Old Rosebud Road. This is another situation. We saw one a couple of three weeks ago where this plan has not been to or presented at the subdivision committee, neither in April or May. And for that reason, we need to postpone it because if our Article 21 states that any development plans must come to the subdivision and be presented and come out of there with recommendations. So, unfortunately, that is the case. I believe we do have an applicant here. I have spoken with him, and he understands the situation. So with that, I'll entertain a motion. Mr. Chairman, I move for postponement of DP 2016-29 to our subdivision committee meeting. Motion's been made and seconded for postponement. Did we, I guess, let's clarify it with a date. that would be I believe he would be acceptable to June and Mr. Cately was so kind to give us June 9th as the meeting date Mr. Penn is that okay with you as far as you're meeting and seconded Mr. Cravens that's okay I passed his date well he's okay with it so So, yeah, we're going with that. So the motion's been made and seconded for postponement until June 9th for DP 2016-29 Tuscany. Please vote when it comes up on the screen. That motion passes. Thank you, folks. Now, move to the Kassin agenda. Mr. Sally, walk us through the Kassin agenda. Thank you, Mr. Chairman. Members of the Commission, good afternoon. There are several items on your consent agenda today. There are two remaining plans, final subdivision plans, that have been recommended for conditional approval by your subdivision committee. The first is the very first item on your agenda, page 1, item A, Plan 2016-32F, an amended final record plat for Hamburg Place Office Park, lot 13. This involves property with an address of 1785 Vendor Way. The other plat that remains on your consent agenda is on page 2, item C, Plan 2016-34F, Tuscany Unit 1A, Lot 83, an amended final record plat for property at 2585 Pascoli Place. In addition, there are three development plans that have also been recommended for conditional approval by your subdivision committee. The first is on page 3, item C of your meeting agenda, DP 2016-28, an amended final development plan for Humana, Inc., also known as the St. Joseph East Expansion. This property has an address of 150 North Eagle Creek Drive. On page 4, item E, this plan also falls on your consent agenda, DP 2016-39, Windale Subdivision. and this property has an address of 1580 Higby Mill Road. The final item on your consent agenda is on page 5, item F of your meeting agenda, DP 2016-50, Hamburg Place Office Park, Lot 13, an amended final development plan for property at 1785 Vendor Way. Mr. Chairman, unless a member of the Planning Commission, a member of the audience, or one of the applicants wishes to have further discussion on any of these five items, the Commission could consider approval of these items as has been recommended by your subdivision committee. Thank you. Yes, ma'am, Ms. Plumlee. Are there neighbors present from the Wendale? We're about to ask if anyone in the audience wished to hear any of these items. Yes, please come forward. Let's make it official here. My name is Janet Kavanis, and I'm president of Stonewall Community Association, and we're interested in DP 2016-39 Wendell Subdivision. You'd like to have it heard and taken off the consent agenda. Do we have to hear it in order for me to make comments? Yes, ma'am. Then I guess we would want to hear it. Okay. Anyone else have any other items that they would like to have heard and taken off the consent agenda? Commission members? If not, that leaves one, two, three, four. We have four remaining items then. As mentioned earlier, Plan 2016-33F. Wendell subdivision was postponed and we are hearing the fifth item, the other Wendell subdivision development plan. So we have four items. If you're ready, I'll ask for a motion on the consent agenda. Yes, sir. Mr. Chairman, I move approval of the consent agenda with the exception of DP 2016-39 Wendell subdivision. Okay, thank you. Do we have a second? Seconded by Ms. Plumlee. Any questions? If not, please vote when it comes up on the screen. That motion passes. Thank you. So we've got a couple of items, too, here. The first will be on page 3. It's item B, DP2016-19, Interchange Service Center. you do have a revision on a lavender sheet of paper that is before you we'll let the staff set up for that Mr. Martin. Mr. Chairman, members of the Planning Commission, this is item DP 2016-19. It is a final development plan. Thank you. There we go. this is for property that's located back off elkhorn road which is located off of winchester road in the interchange development it's dominated by motels and fast food and various types of of interchange-related businesses. And what we have here on this particular lot is a motel being proposed. It's five stories, 85 rooms. It's over 12,000 square feet. They're providing 85 parking spaces. You can see they're proposing access, primary access here. This is the front of the building with the canopy. There is access in this location, and you can see we've highlighted it. This plan is a revision. It was postponed at one time, and much of that had to do with this area right here on the plan and on the property. As I stated, this is located back on Elkhorn Road where it does the elbow. And back in right in here is a pump station, a large, significant pump station that serves thousands of households and businesses in this area of the community. It used to serve some of the expansion area, but now that we have that new pump station off of Winchester Road serving the expansion area, it no longer has to serve some of those areas as it did. Nonetheless, it's a very, very significant 20 million gallons a day pump station. This is an access easement that serves that pump station across this property, and that became the most significant issue that needed to be addressed on this particular property was the access to this pump station. In addition to that, it was the circulation around the property to allow fire, solid waste, and efficient use, vehicular use on the property, and the conflict with this easement. That was the principal issue that needed to be resolved. The site is impacted. This is the floodplain. This is a setback. You can see there's significant constraints on the property. in addition with this issue over the easement. We met in-house. We met with the applicant. There were a lot of discussions about the best way to resolve this. The Division of Water Quality had very, very serious concerns about utilizing that access easement for anything other than their use, trucks, et cetera, and getting deliveries to the station. And they wanted to be sure that it was protected in that sense. The applicant had legitimate concerns about the ability for the property to have efficient circulation and be able to serve. And our fire folks, of course, like good circulation, they wanted to get the big red trucks around the building. But they were very serious issues, particularly public safety issues and being able to serve that pump station. I would like to say that as we worked on this, that Ms. Tracy Jones with the legal department took the lead on this and worked with the applicant's attorney and did an admirable job of working things out to what staff believes is a good conclusion to allow everyone to utilize the property safely and efficiently. The easement currently kind of curves a little bit on the ground to serve this property. They are going to be relocated in this location parallel. That will allow the applicant to use part of it as they come through here to circulate the property and access these two parking spaces. They have agreed with a series of notes and an agreement that they will sign this, that there will be no parking in the easement. They will be required to maintain it. They are also going to contract for a 24-hour tow service. And any vehicle that is out here that in any way blocks this roadway will be towed to allow our people to access this station as needed, this pump station. So that's been worked out, and I'm sure the applicant will like to address their perspective on that. We have, as you can see, a handout for you. This plan has corrected many of the cleanup conditions. We have standard sign-offs. They're still going to have to meet the requirements of their sign-offs with the various agencies. They're going to have to correct their finished floor elevation on the plan. And then, of course, the addition of required Clomer and Lomer information and the timing to the approval of the divisions of water quality engineering. As I pointed out to you, it is impacted heavily by the floodplain. They're going to be doing some work in that floodplain. They will have to follow all applicable rules, regulations, pull the permits, and that sort of thing. There will be a letter of map revision ultimately done on this property. That's not unusual. There's an awful lot of work involved in that for the applicant. We also have a condition number 15, which states that an easement minor plat shall be recorded prior to certification of this final development plan. We want that easement to the sewer pump station to be in place legally prior to the certification of the plan. And with that, I'll be happy to answer any questions you may have. Questions for Mr. Martin? Tom, let me ask this. Since Subdivision Committee, and I must say they've worked hard on this, but it is a new plan since Subdivision. Address parking a little bit. You mentioned the two parking spaces out on the access easement. Is that typical? Pardon? Is that typical? Typical? People use access easements when they need to. no it's i wouldn't really call it typical they're not even particularly well located that's what i'm getting after right it's not tied are what's the numbers how how tied are they with parking they they are hitting their exact required number it's one per room so that again was part of the issue they had in order to maintain the size and the number of rooms they they want for this development they have to have their parking you reduce parking you start losing rooms. That's the trade-off in this circumstance. The rest of the parking is a pretty typical layout. You can see rectangular around the building. This is just a little out of the ordinary. Let me ask you this. Compact parking? I know there's compact parking in some situations. Can that apply here? They're allowed 25% of their total. You gain about a foot per compact. They might be able to add a space here and there with that. Of course, then compacts need to be distributed. It is a motel. Some of them don't really like to have compact spaces because they just don't know who's coming or what they're driving. You pointed it out. It jumped out at me, but you pointed it out with those two parking spaces, obviously pulling in, backing out into the access easement. I know the access easement isn't used that much. They do intend to have one-way circulation, obviously, so people won't be coming in this way and with the parking restrictions. But, yes, these two spaces win when they're utilized. But that access easement is two ways. Well, for us, it is. And then for the hotel, no. Right. I understand. And that in and of itself is slightly awkward. Okay. All right. Thank you. Any other questions, Frank? I'm sorry. Tom, where did they finally locate the dumpster? The dumpster is currently shown in its original. It was shown here. They moved it on this revision. The solid waste folks are going to have to be able to get under the canopy, and, of course, they're set. They'll be able to get out, back up, and come all the way around now. Thank you. That was a key issue in terms of service. Any other questions? No. Thank you. Thank you. Applicant. Good afternoon. Good afternoon, Mr. Chairman. Nathan Billings with Billings Law Firm on behalf of the applicant. Abby Jones and Tulton is also with me today. We don't have a whole lot more to add to staff's presentation since the committee meeting last Thursday. We had several phone calls and meetings on Thursday. On Friday, we got a revised plan back on Friday morning, confirmed some of the conditions that are on the revised ZP. Had some additional clarifications. At this point, just to point out some of the benefits or agreements that we have that Mr. Martin talked about is the applicant in water quality able to talk through the easement being straightened out instead of the S-curve. The committee may remember it's now a straight easement, which I think actually benefits everybody, including the city and its trucks. It's 24-foot wide. It's basically a two-lane access area so that two cars can pass in both directions, which will lead into the discussion of the two parking spots that you asked about, Mr. Chairman. We don't have current compact spaces on the plan. If it's something that the Commission is concerned about, we're amenable to making those two spots compact. So that way, although there's a 20-foot area, you're not going to have maybe big trucks or vans that would overhang in the easement area, that they would be striped and designated for compact only, so it would maybe further avoid any unnecessary complications or stress of this easement. We've agreed to stripe the easement area and the entranceway into the gate to remove the gate and fence and pay for the cost of relocating that, to put signage up along the easement where the stripe is also on the gate, to maintain a 24-hour towing contract, as well as if the city has to tow somebody that we would reimburse or indemnify the city for those costs. We would probably try to pass that on to the owner, but that's so that you all don't have to deal with it. And ultimately, we do have to do a revised or amended easement minor plaque. I think the notes say plan, but I do think we have to have a plaque that's recorded in the clerk's office to actually change the legal location of the easement for the benefit of both owners going forward. as far as the technical things Ms. Jones will probably talk about some of the other changes that were made we've spoken with water quality several times also this week to make sure that all of those notes in the design notes section meet the concerns that they had as far as the timing of the Clomer-Lomer situation they wanted to make sure that we were very specific about it being both the pre-construction and the post-construction processes. Some folks try to only do one or the other, and we are clearly doing both of those. Those are very clear requirements. We're going to meet all of the laws, not just for Lexington, but for FEMA, and all those notes are very clear with that. I think that we've worked out all of the technical issues and have sent updated plans to staff even when we receive this copy. So I think we're, from talking with Kelly this morning, it sounds like they're ready for my Lars from our office. Thank you. A lot of work has been done, and I'm sure a lot of discussion over that access easement. Questions from the Commission? Anything? Yes. I assume fire sound off on this. Thank you. Yeah, my only, it wasn't compact on the access easement to parking lots. It's just the two parking lots being out there, hung out there, so to speak. Anyone else want to speak on this? Questions from the commission? If not, thank you. Yeah, Mr. Chairman, I was just saying I really appreciate this involved. This was really a project that required multiple departments in the city to get together and talk. And Ms. Jones did an incredible job of facilitating communications, which are hard in a short amount of time. And I think that needs to acknowledge. So thank you. I'm glad, Mr. Martin, you recognize the work that she's done. I wouldn't want to say anything against her. I don't think she, with the red hair, she may get excited. And it's appreciated. Thank you. Thank you. Any other questions from commission members? If not, I'll close this part and open it up for discussions and or motion. Ready for motion? Yes, sir. Mr. Chairman, I move for approval of DP 2016-19 with the 15 conditions on the revised lavender sheet. Thank you. Do we have a second? Second by Ms. Richardson. So that is motion for approval with the revised 15 conditions. Please vote when it comes up on the screen. Motion passes. Thank you, folks. Move on to page 4, DP 2016-39, Wendell Subdivision, located at 1580 Hickby-Murro Road. 17 conditions on the agenda, and I believe one letter of opposition has been distributed to you all. Thank you. Mr. Chairman, members of the commission, good afternoon. This is Development Plan 2016-39, Windale Subdivision, a development plan for property located at 1580 Higby Mill Road. This property is situated near the intersection of Clay's Mill and Manowar Boulevard. Higby Mill Road comes down from Stonewall here, makes a turn, one wall into Higby Mill, and it intersects with Clay's Mill up here. This is a large, grassy, wooded area that you may be familiar with. The South Elkhorn Creek Tributary runs down through here and under Manowar and joins up with South Elkhorn over past Clements Heights. These lots, there is a proposed subdivision line here across this lot. This lot is largely to this side in a floodplain, as we would expect. The Planning Commission had postponed this item at the April 14th and 28th meetings. The purpose of this amendment is to depict a 20-townhouse development with the required parking on the subject property. The entrance is just off Higbee Mill here, as you can see. The subdivision committee had recommended approval of this plan. So the conditions 1 through 10, down through 10, including the cap requirements. Condition 11, resolve the difference between the 20-foot access easement along the east property line here and the correct base roadway information on the plan prior to certification. And that refers to Old Clay's Mill before Manowar, where Old Clay's Mill came across. This is what is left of it. We simply need them to verify that roadway information, since it is relative to this access easement. Number 12, denote the reference to Article 19 on the plan to the approval of water quality. Of course, Article 19 covers activities in the FEMA floodplain. Thirteen provide full half-section improvements to Higby Mill Road along the entire frontage per Article 6-8P of the land subdivision regulations unless a waiver is approved by this commission. Fourteen denote maintenance responsibility for common areas and access easement per the land subdivision regulations, and that involves the appropriate note. 15 denote details of proposed landscaping next to the R1C properties here on this end. Denote that a LOMER letter of map revision shall be approved prior to the issuance of a building permit that is for construction for the townhouses. That would not be for site prep or for grading, but for building construction. And finally, 17, addition of a 10-foot building line on all townhouse lots. We did receive the landscaping plan, as you can see here, a couple of days ago from the engineer from Vision, that depicts the proposed landscaping along the R1C area here at Cornwall and Higbee Mill Road. So this is the proposed landscaping that they have given us for that particular condition. We'll take your questions and comments at this time. Questions for Mr. Jarman? One, Mr. Jarman, in subdivision, one of them, the far corner, right-hand corner, one of the townhouses, the corner of it was highlighted because I guess it was in the floodplain? It was not in the floodplain. It is near a retaining wall that borders the floodway. And that, I'm sorry, the townhouse itself, the townhouses, yes, are in the floodplain. I'm getting confused with the floodway and the floodplain. Pardon me. We always do. Yes. But yes, at the present time, this is the floodplain. This is the existing floodplain. This is why the site needs to be reengineered with a conditional letter of map revision, and finally a letter of map revision from FEMA. This is the floodway. This is the creek, and this is the floodway. So, yes, at this time, it's depicted in the floodplain. I'm just trying to remember why that one corner of the townhouse was highlighted. Was it just the corner was highlighted at the time? Was it? It was probably due to the floodplain setback, which touches the corner. You may be recalling the 25-foot floodplain setback, which is here, and yes, which touches the corner of that. Very good. Thank you, sir. Any other questions, if not applicants? Thank you, Mr. Jarman. Good afternoon. Matt Carter with Vision Engineering. I've got with me today, I've got Jake Reardon. He's now the owner of the property and the developer. I've also brought Jason Hale. He's our landscape architect. Since the subdivision committee and the staff have both recommended approval, we will forego any formal presentation. We have met with the neighborhood association president and several neighbors. We met on April 25th, and we listened to all the concerns they have, and hopefully with this plan we've addressed their comments. We're in agreement with the 17 conditions as recommended by the staff and the subdivision committee, and we will be happy to address any of your questions. Any questions, Mr. Carter, at this point? No. May have some later. May bring you back. Others that would like to speak? Anybody? Let me ask first to keep it official. Anybody in favor of this plan? Any opposition? Or somewhere in between? There you go. Come ahead. Thank you. Janet Kavanis, Stonewall Community Association. and haven't changed. I am here. You ask, are we in favor or in opposition? Generally, we do support this with a few questions. So you're exactly right. We're somewhere in between. And as you would probably guess, I'm not an engineer, I'm not an attorney, and I'm not an urban planner. And we do know that as a neighborhood association, we have limited rights for making suggestions for an R1T plan in an R1T zone neighborhood. Nevertheless, there are some things that I think our group does not grasp exactly how the confirmation will be obtained regarding the few concerns that we do have left. And what I'm doing here is seeking assurance for the protection of really both neighborhoods to make sure that our neighborhood comes out with a really good plan right next to us and that we're all in agreement with regard to what's on the development plan. Specifically, our concerns are, we've expressed it before, that the neighborhood character of the development shouldn't match Stonewall's neighborhood character, and we've been very happy to find out by talking to the developer that they expect to do a good development there. For instance, he has offered that the development will be brick on three sides. There will be upscale amenities and things like that, and that's what we think will help us keep up with, you know, match the two neighborhoods. Second point is that the comprehensive plan shows the safety of neighborhoods to be extended to new developments within a neighborhood. and with regard to this property, we're a little bit concerned that the sidewalk that will be down Higby Mill Road was not really shown on the final plans that we've seen. In other words, they divided it into two lots, and it looks to me like the sidewalk on the plan ends at the end of the first lot, and the neighborhood would like to note that we think it's more appropriate for, if these people are going to use Higbee Mill Park, which is at the end of 1580, then the sidewalk should not go giving a person, really there's about that much room to walk between the foliage and the roadside, and there's no shoulder on the road anyway. So we would like to see that definitely noted on the plan, if at all possible. and we even got in mind that it might be a good idea to have some kind of either a zebra crossing where you see the two Higby Mill Park is sort of catechorned at the end of the two lots and it's not really shown there, I don't believe. Yes, it is, unless it's up there on that one. At any rate, a crossing would seem to be appropriate and actually it's been suggested to me that you can get something that offers accessibility and notability and traffic calming by having a raised crossing with a zebra in it. We'll be happy if we get the sidewalk denoted because I've heard within many meetings that that is what they expect, but I don't believe I have seen it on the plan. And we're hoping that we can ask for no waiver from the Planning Commission to exempt them from putting in the sidewalk along the second part because it is a relevant passage of the 20 townhome residents to get down Higbee Mill Road and across to Higbee Mill Park because it's a reasonable recreation area for them. A third concern is the waste management plan. That's sort of been something that's been discussed among neighbors and all, and I don't really know what the waste management plan is at this point. I'm pretty sure it's a dumpster, but then we had a resident who wrote in, and the reply from waste management seemed to imply to us that there would be two dumpsters. And that is not really something we're assured of. Flood control, as you know, the clomer and the lomer and all of that, I'm assuming that denote in item number 16 means ensure that that clomer and lomer will be obtained before development begins. I know you can move dirt before that. And then a fifth area is the landscaping, which, yes, it's shown on this drawing. and Matt told me that it's on file, so therefore it applies. And I wrote this before we got to here, but it would make people feel good to have the landscaping denoted as it will be. I noted, to my surprise, that there is an opacity requirement in Zoning Ordinance 18-2. You learn things all the time when you actually read documents for 50% winter opacity and 70% summer opacity. I've never heard that discussed, but it is important that our R1C residents who join that property do have a block view year-round, not just during the summer when there's 70%. And so you all should realize that we do support Mr. Reardon's plan. We're happy to have our one T's. That's what we fought for, not to get apartments in there, and you helped us with that. And these things are just things that, as a neighborhood, we want to make sure of. And, you know, sometimes you have to state things just to make sure they go on the record and that they are part of the plan. We would also encourage the developer to keep talking to us. I want you to know that we have plenty of willing and interested neighbors in Stonewall. So thank you for your time. Thank you. We'll try and get some clarifications on these items. Let me see if anyone else wants to speak first. Anyone else? No? Mr. Jarman, do you want to attempt or Matt attempt to answer these questions or concerns? We'll say in response, denote on condition 15 and 16. Denote means to place onto the face of the plan. that verbiage. So that if we say, for example, on 16, denote a loaner shall be approved prior to the issuance of a building permit for the townhomes, that verbiage will be placed onto the plan. It will prohibit a building permit from being pulled until the loaner is approved. Okay. Anything else, Mr. Jarman, at this point? No. I've got a question. Mr. Penn? Yeah. Mr. Jarman, address the sidewalk issue for me, because we talked about that in subdivision. On the two lots, I can't tell but look at that plan whether it addresses it or not. Yes, sir. It was observed that the sidewalk extends to the proposed property line, okay, right now as the plan stands. and staff's position was to, in favor of, at the very minimum, extending the sidewalk to here where it is directly across from the park. The park is here and this is the shaded gray here is the subject property. You can see that the park is diagonally across from the subject property at that point. The logic being, these are new residential units. People are going to want to take advantage of the park. Staff feels that it would be very advantageous and would enhance security and safety to have, at the very least, sidewalk extended to here, such that they could access the park safely. So should that be a condition? I think it is. Go ahead. If I may, it is a condition, Mr. Penn, and they accepted that condition. It's item 13. Okay. Provide full half-section improvements to Higby Mill Road along entire frontage unless a waiver is approved. They've not yet requested such a waiver. This body would have to approve that waiver. They'll have to come back to you if they want to change those improvements. It has been an item of discussion. At this point, they've accepted that as a requirement on this plan. Let me ask this as a follow-up for either one of y'all. When Ms. Cannabis was asking about striping a crosswalk, is that a situation that is possible? We will defer that to traffic engineering. I'm not sure exactly where she was requesting the crosswalk crossing. We wouldn't have a problem doing it at the intersection of, I think it's going to be, you know, on down Higmy Mill. Is it Clay's Mill? But we wouldn't want to do a crosswalk mid-block. It's just not a good idea. We want them to cross where it's a stop condition. we don't want to encourage them to get halfway and then cross against traffic. Ms. Cowl, because I think the location she mentioned was at the intersection of old Clay's Mill, which is now that driveway, so it is somewhat mid-block between Clay's Mill and the curve. I would not want to make that a condition. It's something we could look at in our office, but just as soon as you stripe it, you're telling the public, the pedestrian, that that's the best safe place to cross. And I'm not sure, without looking at it further, that that's a good idea. Okay. All right, then. Matt, any follow-up questions, answers, or clarifications? Yeah. Let's see. While we're on the subject of the sidewalk, we have agreed to do the sidewalk the full length of the property. If we do want to pursue a waiver to not do the full half-road improvements, we may file that later. But at this time, we're keeping it. We're not asking for that. Okay. As far as the crosswalk, I mean, we will be happy to, as this progresses, working with traffic and figure out the best place to do that. We don't want to do anything that's unsafe and going to get somebody hurt. but the owner, he would participate in striping a crosswalk if that's the decision that we ultimately go with. As far as, let's see, opacity on the screening, what you see on the landscape plan there, I just talked to our landscape architect, and he said what he's got does meet that Article 18-2, 50%. He said it exceeds it, so screening should be no issue. And I think the other thing that was brought up was the dumpster issues. And there's really no perfect option that somebody's not going to like what we do. And what we feel like we've done is probably the best solution is keep it a dumpster, put it at the end where we can screen it properly. The garbage truck will come in once a week, pick up the dumpster and leave. so it's not going to be something that they're hearing very frequently. They'll probably hear it at their house more often because this is 20 units getting picked up one time. And if we had gone to individual Herbie-Kirbies, they would have to stop at every house. They'd hear that clanging and the breaking. So I think this is the best option. We can definitely screen it where it won't be visible to the neighbors. We did, let's see, upscale amenities. We did talk about providing the sidewalk, maybe do some type of walking path within the development. Let's see, I guess that's about it. What about Brick? Brick? Yeah. Yeah, he's agreed to do the side that faces the residences will be Brick, and the rear of them facing man-of-war will not be Brick. Okay. Okay. Matt, I think hearing Ms. Cannabis earlier, Is she asking about in dumpsters? She was talking one or two dumpsters. What are you proposing at this time? We show two, but actually we only need one, and one of them was for recycling if they choose to do that. Okay. All right, very good. Any other questions in the commission? This is for Matt. about maintenance. We all had a letter from a Ms. Johnson, and she was concerned about continued maintenance for the plan. Yeah. Do you? I can address that. Thank you. Each of the units will be on their own lot, but then there will be one big lot that the access easement is on, and all the maintenance tied to the access easement will be provided by Homeowners Association. They'll have homeowners dues just for this development that will pay to have annual maintenance done on it. Matt, there was some discussion behind the bench here as far as dumpsters. Are they shown on the plan? Are they shown? Yeah. Yeah, I'll show you. I guess our eyes are getting aged. Right in here. Okay. And then I guess one other question on my end. You were saying that the fronts were going to be brick. The rear would not be the ends. You don't have very many ends to the townhouses. Sides. I'm sorry. The sides. Yeah, the plan is to brick the ends of them as well. All right, very good. Thank you very much. Any other questions? Ms. Cannabis, did you have anything remaining? Thank you, Matt. I'm not sure I heard this right. At the last meeting that we had with you, only the, well, there was no maintenance in terms of lawn mowing for the residents. You were going to take care of the back yards as well? Is that a different plan now? Okay. Are you saying as far as mowing? Yes, mowing. Okay. All right. No, I realize not. All the mowing will be done by the homeowners association. They will not, individuals will not be mowing their yard. Okay. Very good. Who's standing behind the? David. I couldn't see you. I couldn't clarify whose shoes they were. I was getting out of the limelight. Do you have anything else? No, sir. Oh, I thought you were coming forward. Okay. You were just waiting. In case. Okay. Very good. Anyone else have any items to bring up on this? Any questions from the commission? If not, thank you. Thank you. Thank you. Thank you, everyone. Mr. Carter, thank you for working with the neighborhoods. It sounds like you have. If no other questions, I'll close this part of the hearing and open it up for any discussion and or motion. Yes, ma'am. Mr. Chair, I move approval of DP 2016-39 Wendell subdivision with the 17 conditions as noted by staff. Thank you. The motion's been made and seconded for approval of DP 2016-39 Wendell subdivision with 17 conditions. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you, folks, for coming. I believe, do we have one? Oh, we do have one. Okay, Mr. Cravens? Yeah, I haven't been able to get a motion in all day with you all. You've been slow to the trigger, I guess. I know. I mean, over there, they've been doing them all. Mr. Chairman, I'm going to move release and call of bonds, approval of release and call of bonds. Second. Thank you. Motion has been made in second and further release and call of bonds, dated May 12, 2016. Please vote when it comes up on the screen. That motion passes. Thank you. I believe that's it as far as agenda items. I think Mr. Duncan, our director, has an item. Let me say first, Karen Mundy is not here today. Her daughter was involved in an accident, and we wish Montoya and all the Mundy family the best on that for a speedy recovery. Mr. Duncan. Thank you, Mr. Chair. Just a reminder about your meeting schedule for the remainder of the month. There is no meeting next week. That would ordinarily be a work session, but we don't have a work session scheduled this month, so you all are off next week. And then the next meeting, the zoning meeting, which is scheduled for May the 26th, will very likely be held in the Phoenix building on the third floor. The council has scheduled a meeting in the middle of the afternoon for this room. We will confirm that with you all as we get closer to the meeting. But for now, plan on attending the Planning Commission meeting on May 26th in the Phoenix building on the third floor. And then some of you may have noticed the construction as you came in. That will be ongoing all summer. So the Martin Luther King side door will not be accessible from the rear. But you should be able to get through the garage or the front door if you need to get into the building. So, Mr. Duncan, they have kicked us out of the parking garage, but they're letting us walk through it. Is that what you're telling me? Yes, sir. You may walk through it. But the plan is, and I was telling Mr. Wilson this as we walked in, The plan is for the government center to renovate the entire parking garage and then reassess parking assignments. So it will take several months, but we may be getting to a solution at long last. I won't say how many empty parking spaces I counted when I came through. Other commission items? Staff items? Audience items? Getting pretty thin out there. I leave adjournment. If not, I've got a motion for adjournment. Do we have a second? All in favor, please say aye. Thank you. Motion passes. Meeting is adjourned. Thank you very much. A Candyman I see a bad moon rising I see trouble on the way I see earthquakes and lightning I see bad times today Don't go around tonight Well, if you finally take your life, there's a bad moon on the right. I hear hurricanes blowing. I know the end is coming soon. I hear rivers overflowing. I hear the voice of rakens and ruin. Don't go wrong tonight Let's finally take your light There's a bad mood on the right All right Hope you got your things together Hope you are quite prepared today Looks like we're in for nasty weather One hour you're thinking for a night Well, I'll go for a ride tonight But it's bound to take your life There's a bad moon on the right Don't come around tonight But it's bound to take your life There's a bad moon on the right One, two, three! One, two, three. All right. Got to know how to roll it. Like morning rolling. Mashed potato. Do the alligator. Put your hand on your hipster. Get your backbone. You're the one to say. I need somebody to help me say it one time. You know I feel all right. Feel pretty good, y'all. Come on y'all, let's say it one more time I'll see you next time. Highway Run I'm mine. Restless hearts. People alone should be nice. Sending all my love along the way. They say that the road ain't no place to start a famine. Right down the line it's really you and me. Love and amusement ain't always what it's supposed to be. Oh, girl, you'll stay on that moon. I'm forever yours. Faithfully. Circus life Under the beach of the world We all need the crowns To make us smile Who stays at time Or where's another show Wondering where