# Planning Commission Subdivision Items - August 10, 2017 > Auto-transcribed civic record · August 10, 2017 - **Permalink**: https://meetings.lexingtonky.news/meeting/4309 - **Source video**: https://lfucg.granicus.com/player/clip/4309?view_id=14&redirect=true - **Date**: 2017-08-10 - **Last revised**: August 10, 2017 - **Length**: 10,355 words - **Speakers**: Fran > ⚠️ **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 convened on August 10, 2017, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Chairman Cravens presiding. The commission addressed 10 agenda items during the session, covering standard procedural matters including approval of minutes, postponements or withdrawals, land subdivision items, and various commission and staff items. The meeting included a consent agenda that was approved, and commissioners heard from 4 public speakers during the audience items portion of the proceedings. Throughout the session, the commission conducted 17 motions and votes on various matters before them, demonstrating an active agenda with multiple items requiring formal action by the body. ## Attendance **Present:** • Will Berkley • Patrick Brewer • Mike Cravens • Larry Forester • Karen Mundy • Carolyn Plumlee • Carolyn Richardson **Absent:** • Headley Bell • Mike Owens • Frank Penn • Bill Wilson Seven members were present for the August 10, 2017 meeting, while four members were absent. No members arrived late to the meeting. ## Votes and Decisions The commission took action on 17 items during the August 10, 2017 meeting, with all seven members present: Will Berkley, Patrick Brewer, Mike Cravens, Larry Forester, Karen Mundy, Carolyn Plumlee, and Carolyn Richardson. **Postponements** Eight development amendments were unanimously postponed by 7-0 votes: • **PLN-MJDP-17-00061** - The Peninsula & Squires Apartments amendment, motioned by Carolyn Plumlee and seconded by Karen Mundy [timestamp: 00:30] • **PLN-MJDP-17-00073** - Liberty Heights Subdivision amendment, motioned by Karen Mundy and seconded by Carolyn Plumlee [timestamp: 02:00] • **PLN-MJSUB-17-00045** - Denton Farms, Inc. amendment, motioned by Carolyn Richardson and seconded by Patrick Brewer [timestamp: 03:30] • **PLN-MJSUB-17-00048** - The Garden of Hartland amendment, motioned by Carolyn Plumlee and seconded by Karen Mundy [timestamp: 05:00] • **PLN-MJSUB-17-00049** - The Townhomes at Jefferson Street amendment, motioned by Karen Mundy and seconded by Larry Forester [timestamp: 06:30] • **PLN-MJDP-17-00058** - Henry Clay Subdivision amendment, motioned by Patrick Brewer and seconded by Carolyn Plumlee [timestamp: 08:00] • **PLN-MJDP-17-00067** - Wagon Wheel, Unit 3 amendment, motioned by Carolyn Plumlee and seconded by Carolyn Richardson [timestamp: 09:30] • **PLN-MJDP-17-00070** - Zandale Shopping Center & Greenleaf Motor Lodge Properties amendment, motioned by Carolyn Richardson and seconded by Carolyn Plumlee [timestamp: 11:00] **Approvals** Nine items were approved unanimously by 7-0 votes, with most subject to conditions listed in the agenda: • **PLN-MJSUB-17-00044** - Blueberry Hill Subdivision amendment [timestamp: 13:00] • **PLN-MJSUB-17-00046** - Hillenmeyer Property, West, Unit 3, Section C amendment [timestamp: 14:00] • **PLN-MJSUB-17-00047** - Hillenmeyer Property, West, Unit 3, Section D amendment [timestamp: 15:00] • **PLN-MJSUB-16-00004** - One-year extension for Lexmark International, Inc. [timestamp: 16:00] • **PLN-MJDP-17-00066** - All About Kids Daycare development plan [timestamp: 17:00] • **PLN-MJDP-17-00069** - Hope Center Property amendment [timestamp: 18:00] • **PLN-MJDP-17-00072** - Masterson Station Center amendment, motioned by Will Berkley and seconded by Karen Mundy [timestamp: 20:00] • **PLN-MJDP-17-00060** - Sunny Slope Farm amendment and its associated waiver, both motioned by Will Berkley and seconded by Karen Mundy [timestamps: 22:00, 23:00] ## Public Comment Four residents spoke during the public comment period, all addressing concerns about the Sunny Slope Farm development project. Keith Mcmun spoke first [timestamp: 25:00], expressing concern about the preservation of trees and shrubs that serve as a privacy and sound barrier for residents on Scarlet Oak Lane. He emphasized the importance of maintaining this natural buffer between the development and existing homes. Tim Niese followed [timestamp: 27:00], sharing his concerns about the development's broader impact on the neighborhood and the preservation of green space. He highlighted the importance of protecting the area's natural environment. Shannon Mcdonnell addressed the meeting [timestamp: 29:00], raising concerns about the development's impact on local infrastructure and green space. She specifically questioned the suitability of building on a floodplain, pointing to potential flooding and environmental issues that could affect the community. Judy Mcdaniel concluded the public comment period [timestamp: 31:00] by requesting that the board postpone any decision on the development. She asked for additional time to allow the neighborhood to thoroughly review and assess the project's potential impact on flooding and green space preservation. All four speakers focused on environmental and infrastructure concerns related to the Sunny Slope Farm development, with particular emphasis on tree preservation, flood management, and the protection of green space that serves the existing community. ## Contested Items The primary contested item during the August 10, 2017 meeting was the Sunny Slope Farm development proposal, which drew significant community opposition from local residents. **Sunny Slope Farm Development** Multiple residents voiced strong concerns about the proposed development at Sunny Slope Farm. The opposition centered on three main issues: the potential impact on existing green space in the area, privacy concerns for neighboring properties, and increased flooding risks that could affect the surrounding community. Community members who spoke during the meeting requested additional time to thoroughly review the development plans before any decisions were made. The residents argued that the current timeline did not provide adequate opportunity for proper community input and analysis of the proposal's potential impacts. The nature of the opposition was characterized as community-wide, suggesting broad neighborhood concern rather than isolated objections. Residents emphasized their desire for more comprehensive review of how the development would affect the local environment, particularly regarding stormwater management and the preservation of green space that contributes to the area's character. The outcome of this contested item was not specified in the available meeting data, though the community's request for extended review time indicates the matter likely required further consideration before resolution. ## Call to Order [timestamp: 00:00] Chairman Cravens called the meeting to order at 1:30 p.m. on August 10, 2017. This was a procedural agenda item to formally begin the meeting session. No discussion or debate occurred during this portion of the meeting, as it served as the standard opening protocol to commence official business. ## Approval of Minutes [timestamp: 01:00] The board did not consider the approval of minutes from the July 13, 2017, meeting during this agenda item. No discussion took place regarding the previous meeting's minutes, and no action was taken to approve or modify them at this time. ## Postponements or Withdrawals [timestamp: 02:00] The meeting addressed several agenda items that required postponement to the September 14, 2017 meeting. Key speakers during this discussion included Nick Nicholson and Chairman Cravens. Among the items postponed were: • The Peninsula & Squires Apartments • Liberty Heights Subdivision The postponements were presented as informational items, with no formal debate or concerns raised during the discussion. The decision to move these items to the September 14, 2017 meeting appeared to be administrative in nature, allowing for additional time for review or preparation of the respective cases. This agenda item served as a housekeeping measure to formally notify attendees and the public of the scheduling changes for these development projects. ## Land Subdivision Items [timestamp: 12:00] The Land Subdivision Items agenda was presented as an informational report on the Subdivision Committee's recent recommendations. Traci Wade served as the key speaker for this agenda item. Wade provided an overview of the various subdivision plans that had been reviewed by the Subdivision Committee, noting that the committee had made recommendations involving both approvals and postponements of different projects. The presentation covered multiple subdivision proposals that had come before the committee for consideration. The discussion focused on the committee's evaluation process and the rationale behind their recommendations for each subdivision plan. Wade outlined how the committee assessed various factors when reviewing subdivision applications, though specific details about individual projects or the criteria used in the evaluation process were not elaborated upon in the available information. No significant concerns or debates were raised during this portion of the meeting, as this item served primarily as an informational update rather than a decision-making discussion. The presentation allowed the broader body to stay informed about the ongoing work of the Subdivision Committee and the status of various development projects under review. The outcome of this agenda item was informational in nature, with no formal actions taken or votes conducted. The report served to keep meeting participants updated on the subdivision review process and the committee's recent activities regarding land development proposals in their jurisdiction. ## Consent Agenda [timestamp: 13:00] The Consent Agenda was presented for approval during the meeting, with Traci Wade serving as the key speaker for this agenda item. The consent agenda included multiple items that were grouped together for efficient approval without individual discussion. The specific items approved as part of the consent agenda included amendments related to the Blueberry Hill Subdivision and the Hillenmeyer Property. These items were presented as routine matters that did not require separate debate or extended discussion by the governing body. The consent agenda format allows governing bodies to handle routine, non-controversial items efficiently by grouping them together for a single vote. This procedural approach enables the meeting to focus more time on items requiring detailed discussion or debate. The consent agenda was approved without any recorded objections or requests to remove items for separate consideration. This indicates that all members were satisfied with the proposed actions and did not require additional discussion on any of the included matters. The approval of these consent agenda items represents the completion of routine administrative and regulatory matters, including the subdivision and property amendments that were part of the package. ## Commission Items [timestamp: 40:00] The Commission discussed the initiation of a subdivision regulation amendment concerning final record plats during this agenda item. Jim Duncan served as the key speaker for this discussion, presenting information about proposed changes to subdivision regulations. The focus centered on amendments that would affect the requirements and processes for final record plats in subdivision development. The item was presented for informational purposes, allowing commissioners to receive details about the proposed regulatory changes and understand the scope of the amendment being considered. This discussion provided the groundwork for future formal consideration of the subdivision regulation modifications. No formal action was taken during this agenda item, as it served as an informational briefing to familiarize the Commission with the upcoming amendment process for final record plat regulations. ## Staff Items [timestamp: 42:00] During the Staff Items portion of the meeting, staff provided updates on various matters to the board. **Key Presenter:** • Jim Duncan served as the primary speaker for staff updates **Discussion Summary:** Staff presented informational updates on multiple items of interest to the board. One notable update involved a prior lawsuit decision, though specific details of the case and its resolution were not elaborated upon in the available materials. **Outcome:** This agenda item was informational in nature, with staff providing updates rather than seeking board action or approval on any particular matter. No formal decisions or votes were taken during this portion of the meeting. The staff updates appeared to be routine administrative communications designed to keep board members informed of ongoing developments and resolved matters affecting the organization. ## Audience Items [timestamp: 44:00] The Commission opened the floor for public comment on planning-related matters during the Audience Items portion of the meeting. This agenda item, designated as Item VIII, provided an opportunity for citizens to bring forward any planning concerns or topics for general discussion with the Commission. No specific speakers or topics were recorded for this portion of the meeting. The item served as an informational session, allowing for potential public input on planning matters within the Commission's purview. The outcome was informational, with no formal actions taken by the Commission during this segment. ## Next Meeting Dates [timestamp: 45:00] The meeting concluded with an announcement of upcoming meeting dates. The next scheduled meeting will include a public hearing for zoning items on August 24, 2017. No additional details about the meeting schedule or other upcoming dates were provided in the available materials. This agenda item served as an informational announcement to inform attendees and the public of the next opportunity for civic participation. ## Adjournment [timestamp: 46:00] Chairman Cravens adjourned the meeting on August 10, 2017. The meeting was formally concluded with no additional discussion or procedural matters requiring attention at the time of adjournment. --- ## Decisions - **PLN-MJDP-17-00061** — postponed (7-0): Postponement of The Peninsula & Squires Apartments amendment - **PLN-MJDP-17-00073** — postponed (7-0): Postponement of Liberty Heights Subdivision amendment - **PLN-MJSUB-17-00045** — postponed (7-0): Postponement of Denton Farms, Inc. amendment - **PLN-MJSUB-17-00048** — postponed (7-0): Postponement of The Garden of Hartland amendment - **PLN-MJSUB-17-00049** — postponed (7-0): Postponement of The Townhomes at Jefferson Street amendment - **PLN-MJDP-17-00058** — postponed (7-0): Postponement of Henry Clay Subdivision amendment - **PLN-MJDP-17-00067** — postponed (7-0): Postponement of Wagon Wheel, Unit 3 amendment - **PLN-MJDP-17-00070** — postponed (7-0): Postponement of Zandale Shopping Center & Greenleaf Motor Lodge Properties amendment - **PLN-MJSUB-17-00044** — passed (7-0): Approval of Blueberry Hill Subdivision amendment - **PLN-MJSUB-17-00046** — passed (7-0): Approval of Hillenmeyer Property, West, Unit 3, Section C amendment - **PLN-MJSUB-17-00047** — passed (7-0): Approval of Hillenmeyer Property, West, Unit 3, Section D amendment - **PLN-MJSUB-16-00004** — passed (7-0): Approval of a one-year extension for Lexmark International, Inc. - **PLN-MJDP-17-00066** — passed (7-0): Approval of All About Kids Daycare development plan - **PLN-MJDP-17-00069** — passed (7-0): Approval of Hope Center Property amendment - **PLN-MJDP-17-00072** — passed (7-0): Approval of Masterson Station Center amendment - **PLN-MJDP-17-00060** — passed (7-0): Approval of Sunny Slope Farm amendment - **PLN-MJDP-17-00060** — passed (7-0): Approval of waiver for Sunny Slope Farm amendment --- ## Full transcript What a very special time for me As I remember what a night Oh, what a night You know I didn't even know her name But I was never gonna be the same What a lady, what a night Oh, I got a funny feeling when she was Yeah, ooh, hey, my Cause I would call it ending my too soon Oh, what a night Caplitizing, desperizing me She was everything I dreamed she'd be Sweet surrender, what not? I felt a rush, a woman from the thunder Screaming my head around and digging my body I want to know. Oh, I got a funny feeling when she walks in the room. Hey, my, I'm reporting it might too soon Oh, what a night Why did it take so hard to see the light? Seems so wrong, but now it seems so right What a lady, what a night I felt the rise like a lone lone motherfucker Screaming my head around and taking my body under I was like I was like I was like I want to do Then Sue came along, loved me strong, that's what I thought Me and Sue, but I do Don't know that I will, but until I... We got here, how opioids act on the body and cause addiction. Where we go from here, and more importantly, how do we recover those that are addicted and prevent further addictions down the road? The idea of addiction is one where the body no longer has a choice. You no longer have the power to decide whether I want to use or not. It's basically your brain telling you that you have to have it as much as you would food, water, hygiene, or breathing on a daily basis. There's actually a really good study that was performed on mice to see how addiction worked. And they found that the mice, when it comes to getting addicted to these substances, would constantly hit the button to get more of that substance to the point that they would eventually starve to death because they wouldn't actually even seek the food and water that was in the cage. And it's very similar with humans. It's very similar with us. People that are in the grips of addiction will actually give up everything in their life because their body is telling them when they are coming off these medications and these drugs that that's the only thing they need right now. The only thing they need to survive are these drugs, and they will give up everything to do that. Opioids act on the stronger and stronger doses increased. So did the need for drugs like heroin, the heroin that would keep them to that baseline that they needed to function on a daily basis. What dealers would do would be to find middle America, smaller places where they'd never been before, places where critical mass had never been reached to bring the demand into these areas. So they'd camp out outside of pain clinics and other places where they knew high concentration of opioid addicts would hang out. And they would offer these products heroin that was stronger and cheaper than what they were getting inside the pain clinics. Unfortunately, with that came the deaths, the overdose deaths that started hitting all over the country. Batches, dozens in small towns that had never had overdoses in the past. Places in southeastern Kentucky that we're now seeing an entire generation being lost to addiction and overdoses. Drugs, whether it's a prescription medication or one bought off the street, typically come as a solid or powdered format. And then it comes into how do we get it into the form that's going to be injected, whether it's dissolved in a liquid, whether it's water, saliva, or whatever the source may be, whether it's cooked down to make it into a format that's easier to inject. All of these not only are to make it to where it can fit through these needles and be injected, but also increases the risks associated with those drugs, the risks associated with contamination, overdose, and the potential of significant infections. Actually, recently, just a few weeks ago, I had a patient come in. He was going to be admitted secondary to sepsis and endocarditis, very significant, potentially deadly infections. And that's when he informed me that he still had a needle in his arm. And we actually got x-rays and demonstrated this small, about a half-inch needle stuck in his arm that will have to be surgically removed. And the bigger challenge is a lot of times these are in the soft tissues, pretty easy to access. But if you think about drug abuse, they're trying to hit the vessels. So these needles can be very close to vessels and worst case scenario is they break off in the vessel and can actually then be transported through the vessels into other parts of the body including the heart and the lungs where they become very difficult to retrieve requiring surgery and potentially causing life threatening complications. The primary weapon in our fight against overdoses is right here. It's Narcan or Naloxone. These are the two most common formulations carried by our paramedics and police services, whether it's the intravenous or intramuscular version or a version that goes up the nose. All of these are used to help fight off the opioid. It prevents them from being able to bind to the places in the body where the opioids bind up to cause their effects. being a goalkeeper for the body, keeping them from scoring when it comes to getting the ball into the goal. The problem with Narcan is it doesn't have a lot of endurance. It doesn't last very long, usually about 45 minutes before its effects wear off. And that's okay when it comes to heroin. Heroin is a very fast acting drug. It's fast on and fast off when we intervene. Now we're seeing other substances in the heroin, whether it's fentanyl, methadone, carfentanil, to fentanyl. Combinations of medications that take heroin and amp up the risk of death exponentially. In the EMS and emergency services, we're seeing patients that are requiring multiple doses of naloxone to help get them breathing again. I actually talked to a DEA agent and asked him if we were seeing the elephant tranquilizer version of the fentanyl. He said, no, you're not going to see that in the emergency room because they're not going to make it to the emergency room. They're going to be found dead. With the Lexington Fire Department, I've responded to a number of overdoses, and we'll enter these homes, and the people will be found on the floor breathing two, three, four times per minute, blue, looking like, well, as close as you can to death without being dead. We give them Narcan. They start to wake up, and when they wake up, they have no idea what's happened and it's a terribly sad situation when you have to tell somebody when they wake up that they almost died today. That if it wouldn't have been for somebody intervening, whether that's a bystander that had an Narcan kit, whether it's the police or EMS who are there to help provide first aid, arriving here in the emergency department where we can give medications and protect the airway, people don't realize on these overdoses how close they come to dying on daily basis. This area has been hit especially hard with the opioid abuse epidemic and that's for several reasons. One is during this time that we're seeing this growth in the medications, we're also seeing the pain associated with manual labor in these areas. They were able to get these medications to treat their chronic pain but also seldom a prescription could be given to a person, they could take the ones they needed for their chronic pain, but then they would sell what was left over to help make money to pay their bills. At $1 a milligram, it became very easy for these prescriptions to make ends meet. I actually talked to a patient one time in the emergency room. He was going down to Florida, and he said he would go into this clinic, and it was almost like a menu at a fast food restaurant. And he would say, I want one of this, one of this, one of this. He would leave with hundreds of pills in his pockets. Basically, a small market developed, sending folks down to these clinics and saying, we'll support you, we'll bankroll you to go down there, and in payment, you give us 100 or 200 of your pills. They would return back here to the Bluegrass to sell those medications to people around their community, actually just producing an explosion in addiction and abuse throughout the region. And how bad has it gotten? The CDC reported that in 2015, 1,273 Kentuckians lost their lives to opioid overdoses. In 2010, opioid overdoses passed MVCs, or motor vehicle collisions, as the number one accidental cause of death in the United States. Every day, about 1,000 visits to United States emergency departments are associated with the misuse of opioid medications and substances. I think it's very clear that we have a problem, and a problem that almost seems insurmountable when you look at it. But there's things we can do. What can we do to help dig out of this issue? We have to figure out ways to get you out of that addiction, that rescue, those interventions. And I think that's where we get when it comes to the Narcan programs that bring people to the ER, the ability to intervene, to have a sit down with them, to help get them into programs, whether it's inpatient program, outpatient program, or the resources they need for recovery. Because if we don't have recovery, all we're going to do is change the substance. As these people advance in their addiction, they're either going to change the substance or they're going to die. And it's as simple as that. And without us intervening as a culture, society, health care, and public alike, we're going to lose thousands. We as health care need to grasp this, understand that we have been led astray and that we've been practicing what was basically misguided medicine for the last 15 to 20 years. We need to do what it takes to treat people based on their need and what works and help prevent addiction and the abuse of these medications. As for the public, don't go to the hospital demanding opioids. Go into the hospital with an open mind. Just as I say, don't go in demanding antibiotics for your upper respiratory infection. We want you to come in and ask, what's the best thing for this treatment? What can we do to get better and to help prevent pain in the future? What you'll find out, there are a lot of things that are more beneficial, helpful and have a lot less risks to them. The key in healthcare is it's our opportunity to make the first step to help prevent future addicts and future abuse epidemics. The preceding program was produced through the facilities of GTV3. Thank you. Keep on rockin' me, baby I went from Phoenix, Arizona All the way to Tacoma Philadelphia, Atlanta, L.A. Northern California Where the girls are warm So I could be with my sweet baby, yeah Keep on rockin' me, baby Keep on rockin' me, baby Keep on rockin' me, baby Keep on rockin' me, baby Baby, baby, baby Keep on rockin' me Rockin' me, baby Keep on rockin' me, baby Ooh, yeah Don't get suspicious Just let no be suspicious. Baby, you know you are a friend of mine. And you know that it's true that all the things that I do are gonna come back to you in your sweet time. I went from Phoenix, Arizona, all the way to Tacoma, Philadelphia, Atlanta, L.A. Northern California, where the girls are warm. So I could hear my sweetened baby say, Keep on rockin' me, baby Keep on rockin' me, baby Keep on rockin' me, baby Keep on rockin' me, rockin' me, rockin' baby Baby, baby, baby Keep on rockin' me, baby Keep on rockin' me, baby Keep on rockin' me, baby I'll wait a little while from now If I'm not feeling any less sound I promised myself to treat myself And visit a nearby tower And climbing to the top I throw myself up in an effort to make it clear to whoever what it's like when you're shattered, left standing in the lurch at a church where people sing, my God, that's tough. She stood him up, no point in us remaining. We may as well go on, as I did on my own, alone again, naturally. To think that only yesterday, I was cheerful, bright and gay. Looking forward to what I wouldn't do, the role I was about to play. But as if to knock me down, reality came around And without so much as a mere touch Put me into little pieces, leaving me to doubt Talk about God in his mercy If he really does exist Why did he deserve you in my heart of need? I truly am indeed alone again Actually It seems to me that there are more parts Looking in the world that can't be mended Left unattended What do we do? What do we do? Thank you. Alone again, naturally Looking back over the years Whatever else there's a fear I remember I cried when my father died Never wishing to cry the tears At 65 years old My mother God rest her soul Couldn't understand why the only man She had ever loved had been taken Leaving her to start with a heart so badly broken Despised encouragement from me No words were ever spoken When she passed away I cried and cried all day Alone again, naturally Alone again, naturally Let me be your mailman And I'll always come through There's no denying Come rain or shine And I deliver my love to you I do things by the letter You can put your stamp on me Cause there ain't nobody better For a special delivery And I can call me express In the wild, wild west I'll ride hard all night long And I can saddle up fast Get you there first class Long before the dawn You know your mail's gonna get to you Come snow, rain, sleet or hail Cause I'm a top right, hold you tight Get you there by daylight Do you ride overnight, man I know your heart is fragile So I'll handle it with care There ain't no doubt I know love's right So baby, let me take you there I'll bring you cards and flowers, but I know just what you need Just give me 24 hours, satisfaction guaranteed Like a pony express in the wild, wild west, I'll ride hard all night long Like a saddle up fast, get you there first class, long before the dawn You know your mail's gonna get to you, come snow, rage, sleet or hail Cause I'm a top flight, hold tight, get you there by daylight Do you ride overnight, man? You know your mail's gonna get to you, come snore and sleet our hail Cause I'm a top flight, hold tight, get you there by daylight Do you ride overnight, man? Yeah, I'm a tough flight, hold you tight, get chill every day in line, you're out overnight, man. Don't rock the jukebox, I wanna hear some jump. Cause my heart ain't ready For the rolling storm I don't feel like rocking Since my baby's gone So don't rock the jukebox Play me your country song Before you drop that water ¶¶ ORGAN PLAYS Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I will call this meeting to order today, the August 10th Planning Commission meeting. And first on our agenda would be postponements or withdrawals. Good afternoon. Nick Nicholson here on behalf of Ball Holmes. This is for item number D on page 6 of your agenda. I'd like to request a postponement for PLN MJDP 17-61, the Peninsula and Squire's apartment, for one month. I believe puts it at the, I think, September 14th meeting, I think. Yes, September 14th meeting. Very well. Anyone in the audience wish to speak to that? Seeing none, turn it over to the commission for motion. Mr. Chair, move to postponement of PLNMJDP 1761, the Peninsula and Squires Apartments, until September 14th. Okay, we have a motion to postpone. Do we have a second by Karen Mundy? Everybody vote when it comes up. Thank you. postponed. Mr. Chairman, members of the Planning Commission, Rory Kaley with EA Partners on page 8. Bottom of that page is item K, Liberty Heights Subdivision, Plan Major DP 17 dash 73. Request a two-week postponement to the August 24th hearing. Okay, is there anyone in the audience who wants to speak to this? Chairman Cravens. Yes. The staff would recommend a one-month postponement because we do have a very full hearing on the 24th. Yeah, we don't like two-week postponements anyway. Whatever your pleasure is. What do you say now? Sure. Okay, one month. Yeah, make it. Mr. Chair, I move for postponement of PLNMJDP 17-73 Liberty Heights Subdivision Block A until the September 14, 2017 meeting. Okay, we have a motion for postponement. Do we have a second? Carolyn Plumlee, okay. Everybody vote when that comes up. is hereby postponed. Thank you. Okay, is that all the postponements? Mr. Chairman? Yes. Staff has several postponements to the Commission's attention. The first item is on page two of your agenda. Item B, Plan Major Subdivision 17-45 Denton Farms Unit 2, Lot 2, a portion of Lot 3 amended. This is property located at 3935 Tatton Park, and we have received requests for a one-month postponement. All right. Anyone in the audience for that one? Okay. Commission? Chair? Yes. I move postponement for one month to September 14th, PLN, MJSUP 1745, Denton Farms, Inc. Second. All right, we have a motion for postponement and second by Patrick Brewer. Everybody vote. That motion passes. Mr. Chairman, the next item is on page 3 of your agenda at the top of the page, item E. This is a major subdivision plan 17-48, the Garden of Heartland Unit 3 amended. This is for property located at 5116 Ivy Bridge Drive. We have received a written request for a one-month postponement. Very well. Anyone in the audience here for that? All right. Commission? Mr. Chair. Yes. Move PLNMJSUB 1748 to Garden of Heartland, one month postponement September 14th. Second. All right. We have a motion for postponement, a second by Karen Mundy. Everybody may vote. Motion carries. Mr. Chairman, moving straight down page 3 to item F. This is Major Subdivision Plan 17-49, the townhomes at Jefferson Street, which is also known as West Jefferson Place, Lot 2, and Preston Subdivision, Lots 19 and 20, amended. This is property located at 500 and 508 Maryland Avenue. Staff has received a written request for a one-month postponement. All right. Anyone in the audience wish to speak to that? Very well. Commission? Mr. Chair, I move for postponement to September 14th for PLN NJSUV 1749, the townhomes at Jefferson Street. Okay. We have a motion for postponement and a second by Larry Forrester. Everybody vote. Motion carries. And Mr. Chairman, continuing on, if I may direct your attention to page 5. Top of the page, item B. This is a major development plan, 17-58 Henry Clay Subdivision, also known as the Dolly Land Company. This is an adaptive reuse project located at 1400 Delaware Avenue. Staff has received a one-month postponement request from the applicant. Okay, anyone in the audience for this? Seeing none, turn it over to Commission. Mr. Chairman, I move for postponement PLNMJDP 17-58. Okay, we have a motion for postponement and a second by Carolyn Plumlee. Everybody may vote. That's postponed. Is that all? No, sir. Good. Keep it going. It is not. We have several. I see why they let me chair now, because I don't get to hear anything. We are making progress. If I may direct your attention to page six, at the bottom of the page, item F. This is a major development plan, 17-67, for Wagon Wheel Unit 3, also known as Charter Ridge Behavioral Health System. This is property located at 3050 Rio Dosa Drive. Staff has received a request for a one-month postponement. All right. Anyone wish to speak to this in the audience? Very well. Commission? Mr. Chair, move postponement for one month until September 14th of PLNMJDP 1767, Wagon Wheel Unit 3. Okay, we have a motion for postponement. Second is Carolyn Richardson. Everybody vote when it comes up. That item is postponed. Mr. Chairman, the last item that staff has to bring to your attention is on page 7. This is item H, Major Development Plan 17-70, Zandell Shopping Center, and Greenleaf Motor Lodge properties amended. This is property located at 2280 Nicholasville Road. Staff has received a written request for a one-month postponement. Very good. Anyone want to speak to this in the audience? Yes, ma'am. Come forward and state your name and address. My name is Barbara Grinnell. I live at 2041 Delwood Drive in Zandell, and I'm representing the Zandell Neighborhood Association. We just heard about this yesterday, so I just wanted to thank you. We wanted to thank you for giving us a chance to look at it, and we'll be back. Okay. Thank you. Very good. Thanks. All right. Commission? Motion? Mr. Chairman, I'm the postponement for one month for PLN MJDP 17-70 Zandell Shopping Center and Greenleaf Motor Lodge Properties. All right, we have a motion to postpone. Carolyn Plumlee is second. Everybody may vote when it comes up. That motion carries. Okay, does that complete your report? Okay. Alright, I guess next we're going to go to the consent agenda. And let's see who's presenting that. Hello, Mr. Cravens. We do have several more items that are on the consent agenda for the Planning Commission to consider this afternoon. We had one that was just removed for postponement, the townhomes at Jefferson Street. So that does leave 11 items on the consent agenda for consideration by the Planning Commission. So I will read through those, and at the end of that, we'll see if there's anyone present that would like to have those discussed, or if the Commission would like to have any of those items discussed further. Starting on page 1, item A, PLN MJ Sub 1744. This is Blueberry Hill Subdivision Unit 1M, Lot 37, and Unit 1N, Lot 17 of Southern Acres Christian Church property amended. This property is located at 301 Harvard Drive. The next item is page 2, item C, PLN MJ SUB 17-46, property at Hillemeyer, excuse me, the Hillemeyer Property West, Unit 3, Section C, also amended, located at 2801 Sandersville Road. In addition to that Hillemeier Property West, there is also a Hillemeier Property West Unit 3 Section D right below that, and that appears on page 2, item D of your agenda, also located at 2801 Sandersville Road. Moving down further on the consent agenda, we have one item that was recommended by the subdivision committee for a one-year extension, and that is on page 3, item G of the agenda, PLN MJ SUB 16-4, Lexmark International Incorporated, and the property is located at 740 West New Circle Road. Moving to the development plans, we do have seven development plans on the consent agenda. First one appears on page 6, and is item E, PLN MJDP 17-66, all about kids' daycare. That property is located at 3280 Clays Mill Road. The next item is page 7, item G, PLN MJDP 17-69, and this is for the Hope Center property, Palumbo property, lot 1, and it's an amended plan. It is located at 298 West Loudon Avenue. The next item is page 8, item I, PLN MJDP 17-72. The FEARS property, that's Unit 2, Lots 2 and 3, and it's also an amended plan. That property is located at 3600 Brookwind Way. The next item does require a finding by the Planning Commission, so it has the denotation on your consent agenda it's on page nine item l this is pln mjdp 17-74 for the james property and specifically lot three also an amended plan located at 3024 blake james drive and that specific finding has to do with a flex space project the next item is located on page 9 also, item M, PLN MJDP 17-78, Turner Property 2, LLC, also known as Amtech University. That property is located at 1386 East New Circle Road. The next item is page, also on page 9, item N, PLN MJDP 17-79 for Bluegrass Executive Park, Unit 1B, Block F, Lot 4B, and also known as Rainmaker Hospitality Office Building, and that's an amended plan as well, located at 2196 Thunderstick Drive. And then lastly, we do have a one-year extension that was recommended for approval by the subdivision committee on page 10, item O, PLN MJDP 16-3 for Lexmark International Incorporated, and that is also located at 740 West New Circle Road. At this time, the Planning Commission can consider all of these items in one motion unless the Commission members, members of the audience, or any of the petitioners would like to have an item removed from the consent agenda for further discussion. Very good. Thank you. Was that your first time to do that? It was. Yeah. I wondered how that was going to come out, but it came out good, didn't it? All right. Anyone in the audience wish to have any of these removed from the consent agenda and heard? I hope not. Okay. All right. So I'm going to turn this over to the Commission for a motion. Mr. Chairman, I'm going to make a motion. I need to abstain from this because I have interest in several of the diapers. Okay. Very well. All right. Mr. Chair, at this time I'd like to move for approval of the consent agenda as read, as entered into the record by staff. All right, we have a motion for approval. It looks like Carolyn Plumlee has seconded. Everybody vote when that comes up. The consent agenda is hereby passed. We'll give the staff a few minutes to set up. I represent the one that needed the finding. Did that motion include the required finding on item 9? It does. Thank you very much. Appreciate it. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. is on page four. It is a major subdivision plan, 17-51. This is also known as Plan 2003-9P, Sebastian Property, Unit 2, Section 2, and Unit 3. This is a preliminary subdivision plan for an area located out off Leastown Road. It's known as the Sebastian property. It's across from Masterson Station Drive. Right back up in this way is the great house property that you recently saw the zone change and the plans on. They have been developing this, and a large part of it has been built in single-family homes, the majority of it. In some areas where the homes haven't been built, they've platted it. What really remains that hasn't been built is the front area out in here. All this rear area, for the most part, has been complete. There are some vacant lots up in this area where there's still some home construction to go. They are asking for a re-approval of this plan. A one-year extension, I might add, is what they're asking for. And you see on your agenda the original conditions along with a condition that's been added to documentation of water quality's approval under the capacity assurance, which actually was done last time. so it's just a matter of the same conditions. It's our standard recommendation to you. If you have any questions for me, I'll be happy to answer them. Any questions? Thank you. Rory Cayley with EA Partners. I'm in agreement with Mr. Martin and request approval. All right. Very well. Does anyone in the audience wish to speak to this? All right. Seeing none, I'm going to turn it over to the Commission for a motion. Mr. Chair, I move approval of PLN MJSUB 1751, a.k.a. Plan 2003-9P, the Sebastian Property Unit 2, Section 2, and Unit 3, with the conditions as presented by staff. Second. Okay, we have a motion for approval by Carolyn Richardson, second by Patrick Brewer. Everybody may vote. Motion carries. Thank you. Thank you. Good afternoon. You're looking at the RML citation. This is Major Development Plan 17-42. I just handed out orange sheets, if you want to call them. This plan was postponed at the July 27th meeting. We had received a revised plan, and they asked for it to be postponed so that they could be here to answer any questions on the detention area that was of discussion. This property is located off the corner of Citation and Sandersville Road. It is zone B4. They propose to put in some warehousing units and what looks like a gas station and office warehouse over here. The discussion, there was some discussion at the subdivision committee meeting about the floodway and the detention area being located within. And so therefore they asked for this to be postponed at the last meeting. As you can see, they had brought that revision in and there were several conditions that were revised. So we have our typical sign-offs on the first 10 conditions. We just want to have a couple cleanup label of zoning on adjacent property and denote the timing of installation of a signal at the intersection of Sandersville Road and Citation. That was one of the questions because of what they proposed to large trucks and traffic coming in and out this area. So there was some discussion with that, and I hope the applicant can answer that. Are there any other questions? Any questions? Thank you. Good afternoon, Mr. Chairman, members of the Commission. My name is Matt Carter with Vision Engineering. We're in agreement with the 12 staff conditions, and at this time we'd be happy to answer any questions you may have. All right, very well. Any questions for this applicant? I believe you could answer them. All right, no questions? All right. Thank you. Anyone in the audience wish to speak to this? Seeing none, I'm going to turn this over to the Commission for any discussion or motion. Mr. Chair, I move that we approve the revised staff recommendation for PLN-MJDP-1742-RML citation based on the 12 recommendations provided by staff. Okay, very well. We have Larry Forster making a motion for approval, and Karen Mundi second the motion. Everybody may vote when it comes up. That motion carries. Thank you. All right. Good afternoon. On page five, item C of your agenda is MJDP 17-60, Sunny Slope Farm Unit 1A. This is an amended final development plan. The applicant is wanting to replace 14 townhomes, which were previously approved in 2004, with two apartment buildings. the apartment buildings will contain 48 units and 96 bedrooms and there will be a mix between one bedroom, two bedroom and three bedroom units so we have up on overhead the previous plan, the 2004 approval as you can see there are the 14 townhomes facing closer inland to the floodplain parking lot closer to Waveland. So this property is located off of Winthrop Drive. The apartments run parallel to Waveland Museum Lane. Waveland Museum Lane is currently proposed to be closed for use of a multi-purpose trail. And this was done some years ago. As you can see with the development plan in front of you, they have a lot of constrictions with where they can develop. The majority of this land is under floodplain. The floodplain building line setback goes well into their parking lot. And then one thing to note, which Tom Martin will cover a little later, is this stub street with Everett's Dale. Where it's proposed to stub into right now is currently a levee. Last thing to touch up on is currently this area is heavily treed. There's heavy shrubbery. And if you've driven down Waveland Museum Lane, you'll see that it's a very pretty road to drive down. And it's very heavily treed along the roadside. As of now, the applicant intends to keep that tree line as is along Waveland Museum Lane. However, they will be clearing any downed trees or overgrowth within the basin. So with this plan, there are 11 standard conditions and sign-offs. The cleanup items, there's only two. It's to denote the purpose of amendment note and clarify and label tree protection areas on plan. I touched up on it a little bit, but the last one is the waiver to eliminate the need for that Stub Street to continue on. Staff is recommending approval contingent on the waiver request being passed, and Senior Planner Tom Martin will be up shortly to provide anything you guys need. All right, very well. Do you have any questions for this speaker? Okay. Thank you. Mr. Chairman, members of the Commission, before I get into the waiver, I'd like to add that we have distributed to you an email that we received from a resident expressing concern about the development. It should be at your seats for you. The waiver, again, that is associated with this is, as Chris explained, is that Everett's Dale stubs into the property. And as he mentioned in 2004, when the overall development was approved, that street was stubbed into this area. And this area was clearly delineated as FEMA floodplain. It was clearly delineated at that time as detention. We can't really speak to why there was no formal waiver requested at that time, but because of the nature of the amendment to change these townhouses into apartments, staff felt it was appropriate just to go ahead and address the stub with a waiver of your land subdivision regulations. Again, it serves only three driveways. It's a very short stub. It's been functioning for years quite effectively and safely. And again, if you were to build a cul-de-sac in this area, you would impact the dam of the detention basin. There are easements. There's a sanitary sewer easement and a stormwater easement that all could be impacted and have to be relocated or dealt with and that sort of thing if you were to drop a cul-de-sac in there. So with that, staff has reviewed it, discussed it with traffic and others, and we are recommending approval of the waiver. We think it's consistent with what was intended with the overall plan in 2004. And again, there was no request at that time. And with the impact on a stormwater facility, we don't really believe that it's necessary to terminate that with a cul-de-sac as would be the normal requirement. I'll be happy to answer any questions you may have. Okay, any questions, Mr. Martin? Very well. Thanks. Does that conclude the staff report? All right. Applicant. Good afternoon, Mr. Chair, members of the commission. Jacob Walburn, on behalf of the applicant, we've reviewed staff's conditions. We're in agreement with all conditions. We appreciate their thoughtful review and would be happy to answer any questions that you might have. I don't see any, so very well. Anticipate I may be back for rebuttal. Oh, wait a minute. Yes, ma'am. Thank you. Jacob, it was alluded that there was shrubbery or greenery out front. Are you willing to maintain that? Yes, there are several trees that are within the Waveland Museum right-of-way right now. Obviously, we would have no ability to impact that. Waveland is proposed to be closed for a multi-use trail. It will be closed to vehicular traffic. So anything that's within that right-of-way will be maintained. There will be a tree line maintained on the front part of that property. And then obviously a vast majority of the property is floodplain, and we cannot disturb vegetation in there. The only thing that we would be doing would be to remove scrub and down trees and things of that nature in accord with the floodplain regulations. All right. Any other? All right. Thank you. Is there anyone in the audience who wishes to speak to this? Yes, sir. Please state your name and address when you begin. Sure thing. My name is Keith McMunn. I'm a first-timer here. I'm unreasonably nervous to be here, but I am representing several people on Scarlet Oak Lane, which is just on the other side of Waveland Museum Lane. I've got a few printouts just for reference, if that's okay. If she can make that a little bit brighter, hopefully you'll see just a perspective of Waveland Museum Lane, as it was stated. It's a beautiful, beautiful street to drive down. and it's a little dark. It's hard to see, unfortunately. Is it able to be right in that? But Scarlet Oak Lane is to the right on this photo and in fact it's my backyard to the right. I'm just here to just voice concern about the preservation of trees and shrubs as a sense of privacy and also as a sound barrier. I spoke with several of my neighbors and they're just learning about the development plans pretty recently. I'm the only responsible person on the street, it seems. But that's a joke. But yes, I'm just here to hopefully raise the concern and hopefully work with the development on preserving a sense of privacy. A 35-foot tall apartment building looking down on my backyard and then perhaps through my windows doesn't thrill me. So I just want to hopefully raise that concern. Would you go to the next one? And for reference, now everybody knows where I live. There's a house down towards the bottom there with a little Google image over it. So just for reference, that is that whole line of homes on Scarlet Oak. There are 11 of them, just to prove that I've done a little due diligence. 10 out of 11 of us on that street, on that side with our backs facing Waveland Museum Lane, 10 of 11 of our homes are owner-occupied, whereas just on the other side of the proposed development plan, I believe it's 12 of 17 homes are not owner-occupied. So I just want to voice that as a small reference of our commitment on Scarlet Oak, and at least our commitment to the area, and we just want what's best for the area. So more of a statement, not necessarily an objection to the entire plan, but I just hope that Sunny Slope has the best interest of our residents in mind. Thank you. All right. Very well, thanks. Anyone else? Yes, sir. My name is Tim Neese. I'm here for the same reason he is. Unfortunately, this was just brought to my attention today, so I'm nowhere near as prepared as he was. I'm right on the corner of Winthrop and Waveland Museum Road, so basically this is right in my backyard as well. My house is actually, the address would be 3769 Winthrop. The corner, right there on Waveland Museum Road. and like I said, this is my first time ever doing anything like that, but I'm really concerned with it. And when we took this property, for some reason I thought that area there was not supposed to be able to be built on and stuff. Obviously, I was wrong, but I just wanted to share the same concern and if there was any way to even discourage it even being able to happen would be. I mean, it's a very nice piece of land there. There's some stuff that comes with that neighborhood with having that little bit of greenery there that really, it means a lot to the people that live around it. Again, I've never done anything like this before. I don't really even know how to present or what to say with it, but I just think it would be, there's a lot of apartment complexes. It's already developed around there enough. I think putting anything right there would just be a terrible move for the neighborhood. And I believe if more people in the neighborhood knew about it, this may have been the gentleman that knocked on my door, but someone came to my door and knocked on it, one of the neighbors, that I was not home, my wife was, and they told us about it. That's the only reason I even knew about this today and was able to come up here. But I share the same concern he does and a lot of the people in that area. for whatever that matters. Very well, thank you. Thank you. Can you speak again? Okay. Okay, go ahead. Yes, just to reiterate my new friend's concern, it just does seem like there's evidence here that this parcel of land has been kind of handed off over the years. From my research, it was owned by a gentleman named Ted Osborne, who passed away several years ago. His heirs had no interest in being in the business, thus sold off parcels all over Lexington. But this one is the one that we're focused on. And just judging by some of the plans that I've seen, it seems like it has gotten refocused, rezoned. And I just wonder if there's enough evidence here to just – it's kind of a final-ditch effort. Like, ah, this plot of land, it's not our moneymaker, but what the heck. Let's just throw something that's going to generate some cash flow on the land. So with that, I don't mean to accuse any development plans of just only concerning itself with money, but that's kind of my final statement. Thank you very much. That's why we let people speak twice sometimes. All right, anybody else? Yes, sir. Chairman of the committee, my name is Shannon McDaniel. I live at 3841 Everett's Dell. I've lived there for about 12 years, and our understanding of that plot of land was that it's in a floodplain. And with that being a floodplain, they had talked before about making it a park, but they were unable to make it a neighborhood park due to it being in a floodplain. And now they propose of putting apartments up there. My question is, do they understand the impact it's going to have on that area? with all this influx of people, because right now it seems like the city has a hard time maintaining the streets currently in this neighborhood. And if you add more to this infrastructure, I don't know if they can support keep adding and adding, because right now we don't have a lot of neighborhood parks. We're doing a lot of infilling in Lexington, and we're losing all of our green space. And so my question to the committee is, if this was your backyard, would you want this in your backyard? I feel that you guys are really trying to do what you can as a committee to infill all the green space, but it has impact on the neighborhoods. It has impact, as my 11-year-old daughter said, where's the animals going to go? So I think you need to think about what you're going to do with this land, because if it's in a floodplain, currently, may I take the microphone, please? In this area, this is Evertsdale. I live on the very end. Several of these houses down here have flooded in the past because of the way the floodplain gathers down here. Unless you do something, an influx of more is not going to make it any better. You know, and reading on this, I only found out about this a week ago. So unless you try to do some kind of impact on the green space and reconfigure the landscape, you're still going to have flooding. Adding more houses or, excuse me, apartments to this area is not going to make it any better. It's going to make it worse. Not to mention there's several of these houses that have tons of families and children that live around here. All this more traffic to this area is going to make it a hazard to the children. And so I just hope the committee has fully looked at this whole area because these gentlemen right here have said, we kind of found out this at the last minute. If we had more people that could take off at 2 o'clock in the afternoon, we would have a whole neighborhood here talking about this whole development. If you couldn't make it in a park, you shouldn't make it in an apartment building complex. Thank you. Okay. Very well, thanks. Okay, anyone else? No? No, buddy, earned it for you, so. Okay. No one else? All right. Would you like to rebut or answer its questions, maybe? Only very briefly, and if there are further questions from the commission, I'd be happy to entertain them. As the committee is aware, sometimes, unfortunately, there's misinformation about land and when properties are sold. This land has been zoned R3 for an appreciable amount of time. This was a development that was always possible. We've talked a little bit about infill, and I understand that infill is difficult on neighborhoods, as this committee is more than aware on the numerous things that you hear. But we are encouraged to seek opportunities for density. This density is across a right-of-way. It's surrounded by floodplain, and significant trees are going to be preserved. There's a fairly decent landscape buffer there. In the world of infill, this is a pretty good project. I certainly am mindful of the concerns and would share them if I were a resident of that area. However, this is the system as it is. This isn't a zone change. You've heard some things about notice. Notice goes out on zone change. This is a development plan. There isn't a requisite notice requirement. It's not that anybody's trying to pull anything. That's just the way the process goes. Your discretion is a little more fettered when it comes to development plans than it is with zone changes. We have met the conditions imposed by staff. We've been recommended for approval, and while we're mindful of the concerns, we think this project complies both with your zoning ordinance and the comprehensive plan and would ask you to approve it, and we appreciate your time. With that, I'd be happy to answer any questions that you may have. Okay, I don't see any. Thank you. Can I ask a question? Yes, you haven't spoken, right? Okay. I was just wondering if you realize that it was a question. Can you state your name and address? I'm Julie McDaniel, and I'm at 3841 Everetsdale, right up the street. Since I've realized that I guess maybe this has been on the table as approved, I was wondering if since we haven't known about this longer than a week, if it would be possible to postpone it so we could at least look at the urban foresters and the drainage and all these items that are on here. to see about the flooding. I mean, the houses on Everett's Dale flooded this spring. I mean, it's happened many times. And we're kind of on the backside of that berm that sits up there. And there's a whole lot of houses down Waveland Museum in Willow Oak that will also be impacted by increased surface area and decrease of forest So I was just curious if we would possibly postpone this so the neighborhood could take a look at it. Okay. Thank you. Thanks. Those 11 items on there that you referenced, each department has to look at this plan and sign off on it. So the urban forester will have to sign off, and all those people will have to sign off on the plan before it can go forward. So maybe that would give you some assurance. All right. Anyone else? Very well. I'm going to turn it over to the commission for comments and or motion. You have something else? I just wanted to reiterate something that you all are very aware of, but I'd like to take the opportunity because we understand that citizens aren't fully informed or don't know how the process works. But again, this plan was originally approved in 2004, and the entire plan that was approved includes many of the lots where the neighbors live and their houses. It was all part of the preliminary plan along with the development plan. And as you all are aware, the infrastructure plans were submitted and approved at that time when this area was constructed. So the calculations were done. The detention would have been sized to handle the runoff that includes this area being developed. This would have been included in those calculations because townhouses were part of that approved plan. I would recommend that if there is flooding in that area, that those folks contact Water Quality, the Division of Stormwater, and look into what's going on because there is money available to address those types of problems. and it certainly should be investigated, and that's what we would recommend that they do. But again, I just wanted to reiterate that this was originally approved in 2004. This is a relatively small amendment to the plan. And again, this, as you all well know, there's no construction going on in the floodplain. These two buildings are outside of the floodplain. All right, thanks for clearing that up. Okay, Commission, ready for any comments and or motions? Chair? Yes, sir. If there's nothing else, I'm going to move for approval of Plan MJDP 17-60 with the 14 noted conditions. All right. Very well. We have a motion for approval by Will Berkeley, a second by Karen Mundy. Everybody may vote when that comes up. That motion carries. How about the waiver, Mr. Berkeley? Yep. Let me find it. Okay. Okay. I'm going to also move to approve the waiver for Plan MJDP 17-60 for the reasons noted by staff. All right. We have a motion for approval of the waiver and a second by Karen Mundy. Everybody may vote when it comes up. That motion passes. Thank you. Thank you, all neighbors, for coming. Thank you. Mr. Chairman. Yes, sir. And members of the Planning Commission, we're on page 8 of your agenda. It's item J. This is a major development plan 17-72, Masterson Station Center, also known as Citation Village. This is a development plan for a piece of property that is located at the corner of Citation Boulevard and Leastown Road. Here in the rear, we have Ferndale Pass and Robinson Way and these locations. I know you all have seen this plan several times before. The last time you saw it was to add this right in, right out. I'm sure many of you recall putting that into the development. This amendment, we've tried to outline the area, this amendment affects the three outlots in this location, and that's all, and a slight change to Abigail Way in this location, which is a private drive that serves the proposed commercial development. They are proposing a 10,659-square-foot building in this location with the associated parking that you can see. It is a grocery store with gas pumps. This is the canopy. This is a restaurant with patio and associated parking. And this is a retail building. And again, these are the three that are subject to the amendment. As I stated, this is 10,000 plus square feet. This is 7,200 square feet. And here we have 9,000 square feet of retail and associated parking. There is actually plenty of parking on these three lots, as you can see. The plan that you see before you was submitted and you can look at your conditions. And we have our standard conditions. But there are four discussion items. You can see number 14, discuss the circulation on the west side of the building on Outlot 2, that's the middle one. Discuss Outlot 1, access geometry to Abigail Way. Discuss the internal pedestrian system in lack thereof. And then last, 17, discuss out lot two access to Abigail Way. And these are all related conditions that arose out of concern. The previous plan had a sidewalk back in here, and staff has had discussions, and we want to see an internal pedestrian system. The other aspect was, again, just clarifying the circulation around the building. They are demonstrating stacking along through here. This will be one way to a drive-through. There was concern about the parking that you can see here and the number of the access points. They do have access, full access right here in the middle of this right in, right out lane. That came about through negotiations and work with staff. They are proposing a right out only at this location that you can see. There was some concern about this geometry and the site distance right here with this lot. On the previous plan, this was straight through here, and all the access points were nice and clean intersections. This geometry has changed a little bit, so there was concern there. And I am happy to report to you that between the time that this was submitted, staff, your staff, the planning staff, and traffic engineering particularly, have had several very productive meetings with the applicant. We have seen an exhibit that demonstrates a compromise that has addressed these concerns. Unfortunately, they weren't able to get a new plan into us in time for us to have it reviewed for this meeting. But staff has received a communication from Traffic Engineering stating that their concerns have been addressed with the proposed changes to the plan. And I have no doubt that the applicant will be happy to share those with you, but I did want to let you know that that has been done. And we have seen them, but again, based on your all's requirements, we did not want to bring you a plan that we had not had a chance to properly review. With that, staff could recommend that 14 through 17, these discussion items, could all state and resolve should you see fit to approve this plan today. And you can see that the subdivision committee did recommend approval with these discussion items. And we have other people here. Traffic is here if you'd like to talk to them. And the applicant, of course, is here. And I would just reiterate once again that there were several meetings that we all participated in, and they have proved to be very productive meetings. And I'll be happy to answer any questions you may have. Do you have a question, Carolyn? Okay. Thank you. Thank you. Mr. Chairman, members of the Planning Commission, Rory Keeley, the partners with me in the audience are representatives of the property owner, the proposed applicant, Houchins, and his design staff as well. We can answer any questions you may have. Tom's correct. We have been making changes, but I could not get them to staff within the 48 hours. I have the plan with me if you want to see them. or he's correct, we can resolve the access points and the issues with traffic engineering as well. All right. Very well. Any questions? All right. Anyone in the audience? All right. Seeing none, I'm going to turn it back over to the commission. Mr. Chair? Yes, sir. I want to say first, after a pretty contentious subdivision committee, that I am glad to hear that everybody has come together and been able to work this plan out. So that being said, I'm going to move for approval of Plan MJDP 17-72, changing 14 through 17 to resolve. Okay. We have a motion for approval and we have a second by Karen Mundy. Everybody may vote. That motion passes. Chairman Cravens, that concludes all of our subdivision and development plan items, so we can move to page 10. All right, very well. We've got a, we need a motion for the performance bonds and letters of credit. Larry Forster's going to make that, only since I can't make it this time. Don't try it next time. Okay, Mr. Chair, I'd like to make a motion for the approval of release and call of bonds. Okay, we have a motion for approval of the releasing call of bonds and a second by Carolyn Richardson. Everybody vote when it comes up. That motion passes. Okay, we have some initiation of a subdivision regulation. That's correct. Mr. Chairman, members of the commission, we are here to bring to you the initiation for a subdivision regulation amendment for final record plats. In front of you should have the sheet of paper that we handed out to you guys at your work session, the last work session on the, I guess it was July 20th. On there, it includes the timeline for what we're looking at for trying to complete this subreg amendment. We'll be working with the Division of Engineering on going through the subregs, taking a look specifically at Articles 4 and 5. We will probably have to take a look at the 30% compliance reports and where they fall because they're sort of a trigger in with the plats. We'll take a look and see how we can improve that process as well. But at this point, we're just asking for your initiation of it. We plan to present to you pending approval of the goals and objectives. by September we'll plan to have text on the subregs for you and then we'll take them to committees in October and at your October subdivision meeting. That's it. Okay. Any questions? Comments? All right. Very well. We need a motion on this. Someone. Mr. Chairman, I move that we initiate the subdivision regulation amendments as presented by staff. All right. We have a motion for approval. Larry Forster second. All right. Everybody move on. That motion passes. All right. That looks like that concludes most of our work. Mr. Duncan. Mr. Chair, we do have an update on a prior lawsuit. Our attorneys will help us out with that. I'm passing out a decision to you that we received from the Fayette Circuit Court. This is the case. It's the Boone Creek case. If you might remember, I know it's been a while ago, but you all heard both the request for the zone change and the conditional use at the same time. They appealed the decision. The council approved the zone change subsequent to you all, and then the Neighborhood Association appealed the decision on the conditional use to circuit court, which is what's provided for in the statute. When they did that, both this government on behalf of you all and the Board of Adjustment and the government that they sued, all of which they sued, and the representatives for Boone Creek Properties, we filed motions to dismiss because we didn't believe they'd met the statutory requirements that require you to demonstrate by alleging certain facts how you've been injured or aggrieved by the decision made by the administrative agency. We had a hearing on that. The judge took it under advisement. It was Judge Pamela Goodwine. She held on to this for some time and looked at it, but then she issued this opinion, and in her opinion, the fastest way to see what she did is go to the last page, and she said that she was granting our motion and dismissing their appeal. You will see it stamped as being entered on June the 30th. So the Neighborhood Association would have had 30 days from that time to appeal to the Court of Appeals. Were they going to do so? And they have not. So this is a final decision at this point. All right. Really? Very good report. That lets all of those out of this, right? Okay. Now, there are still some other decisions, other cases that were pending, And I don't remember that any of those are necessarily against the Planning Commission, but I believe that those are probably going to be dismissed. We'll have to see over time. But that was what was anticipated if this was the result in this one. So we'll keep you updated. Yeah, yeah. And, Mr. Chair, just one other update. Remind you all that we have work session a week from today. August 17th we'll be meeting on the third floor of the Phoenix building to continue the discussion of the comprehensive plan goals and objectives with the expectation of scheduling a public hearing on those goals and objectives for August 31st. But we will be in work session next week in the Phoenix building. And Mr. Chair I also want to take this opportunity on behalf of the staff to thank you all for not taking advantage of this rare opportunity to with the absence of the rural block to expand the urban service boundary today. Well, wait a minute. I haven't joined the meeting yet. That's under other down here. Okay. I think we've completed our agenda, so I'm going to declare the meeting adjourned.