# Planning Commission Subdivision Meeting - December 10, 2020 > Auto-transcribed civic record · December 10, 2020 - **Permalink**: https://meetings.lexingtonky.news/meeting/5261 - **Source video**: https://lfucg.granicus.com/player/clip/5261?view_id=14&redirect=true - **Date**: 2020-12-10 - **Last revised**: December 10, 2020 - **Length**: 12,555 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 December 10, 2020, at 1:30 PM via video teleconference, with Larry Forester presiding. The commission considered nine agenda items during the meeting, taking nine motions and votes. One public comment was heard during the session. The commission's actions reflected a mixed agenda, with four items postponed and four items approved. The postponed items included amendments related to Lexington Mall Property Lot 6-A (LFUCG), Lexington Mall Property for Planet Fitness Lexington Richmond Road, the Headley, Niven & Vance Property (Chick-fil-A), Griffin Gate Office Park, and Spring Lake. The approved items included Dotson Farm Subdivision Unit 2, Woodward Lander Property Unit 1-A Section 2 Lot 108, Shoppers Choice Property (amendment), and Winburn Estates Unit 3. ## Attendance **Present:** Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Frank Penn, Carolyn Plumlee, Graham Pohl, and Bill Wilson. **Absent:** Bruce Nicol. **Late arrivals:** None. ## Votes and Decisions The meeting included nine votes, all of which passed unanimously with 10 ayes, 0 nays, and 0 abstentions. **Postponements** Five items were postponed: - **PLN-MJDP-20-00029**: Postponement of Lexington Mall Property, Lot 6-A (LFUCG) (AMD), motion by Graham Pohl, seconded by Bill Wilson [timestamp: 0:33:18] - **PLN-MJDP-20-00067**: Postponement of Spring Lake, motion by Carolyn Plumlee, seconded by Janice Meyer [timestamp: 0:34:53] - **PLN-MJDP-20-00054**: Postponement of Headley, Niven & Vance Property, Lots 1, 2 & 3 (Chick-fil-A) (AMD), motion by Frank Penn, seconded by Carolyn Plumlee [timestamp: 0:36:32] - **PLN-MJDP-20-00057**: Postponement of Griffin Gate Office Park (AMD), motion by Anthony de Movellan, seconded by Carolyn Plumlee [timestamp: 0:39:13] - **PLN-MJDP-20-00050**: Postponement of Lexington Mall Property (Planet Fitness Lexington Richmond Road) (AMD), motion by Carolyn Plumlee, seconded by Graham Pohl [timestamp: 0:41:29] **Approvals** Four items were approved: - **PLN-FRP-20-00057**: Approval of Dotson Farm Subdivision, Unit 2, motion by Frank Penn, seconded by Carolyn Plumlee, subject to seven conditions as listed, adding the note as recommended by Ms. Hedge [timestamp: 0:48:39] - **PLN-MJDP-20-00070**: Approval of Woodward Lander Property, Unit 1-A, Sec 2, Lot 108, motion by Carolyn Plumlee, seconded by Anthony de Movellan, subject to 11 conditions as listed in the revised staff recommendation [timestamp: 0:53:01] - **PLN-MJDP-20-00071**: Approval of Shoppers Choice Property (AMD), motion by Anthony de Movellan, seconded by Zach Davis, subject to 16 conditions [timestamp: 1:29:44] - **PLN-MJDP-19-00077**: Approval of Winburn Estates, Unit 3, motion by Graham Pohl, seconded by Anthony de Movellan, subject to the original conditions [timestamp: 1:39:11] All votes were cast by the following members: Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Frank Penn, Carolyn Plumlee, Graham Pohl, and Bill Wilson. ## Public Comment Amy Clark addressed the meeting regarding the Shoppers Choice Property [timestamp: 1:11:40]. She expressed support for the project while raising concerns about stormwater management. Clark requested a one-month postponement to allow time to resolve these stormwater management issues. ## Contested Items **Shoppers Choice Property** Community members raised concerns about the proposed Shoppers Choice Property development. The primary issues centered on stormwater management and the level of detail provided for the project's design. Specifically, attendees requested more detailed architectural renderings before the project could move forward to approval. The stormwater management concerns reflected broader questions about how the development would handle drainage and water runoff, particularly in relation to existing infrastructure and environmental impacts. The nature of the opposition was community-based, indicating that residents or local stakeholders expressed these objections during the meeting discussion. ## Lexington Mall Property, Lot 6-A (LFUCG) (AMD) **Project Identifier:** PLN-MJDP-20-00029 **Overview** The agenda item addressed an amendment proposal for the Lexington Mall Property, Lot 6-A. The amendment seeks to add a 10,000 square foot structure with drive-through lanes and parking to the property. **Discussion** Rory Kahly presented on this matter [timestamp: 0:33:18]. During the discussion, questions were raised regarding pedestrian connectivity and compliance with the zoning ordinance. **Outcome** The item was postponed to allow for further consideration of the concerns raised during the meeting. ## Lexington Mall Property (Planet Fitness Lexington Richmond Road) (AMD) **Identifier:** PLN-MJDP-20-00050 **Overview** This agenda item addressed an amendment to the Lexington Mall Property development plan regarding a Planet Fitness location on Richmond Road. [timestamp: 0:41:29] **Proposed Changes** The amendment sought to add building square footage and revise parking arrangements on Parcel A of the property. **Key Speaker** Tom Martin presented this item to the board. **Issues and Concerns** A postponement was requested to address concerns raised by adjacent property owners regarding the proposed changes. **Outcome** The item was postponed to allow time to resolve the issues with adjacent property owners before proceeding with the amendment. ## Headley, Niven & Vance Property, Lots 1, 2 & 3 (Chick-fil-A) (AMD) **Identifier:** PLN-MJDP-20-00054 **Overview** This agenda item addressed an amendment to the proposed development plan for the Headley, Niven & Vance Property, Lots 1, 2 & 3, which involves a Chick-fil-A restaurant project. **Discussion** Allan Wiley presented on the amendment, which sought to revise the proposed building and parking layout on the site plan. [timestamp: 0:36:32] **Outcome** The item was postponed. A postponement was requested to allow time to address new comments that had been received regarding the proposed amendments. ## Griffin Gate Office Park (AMD) **Identifier:** PLN-MJDP-20-00057 **Overview** The meeting included discussion of an amendment to the Griffin Gate Office Park project. The proposed amendment sought to add access to Citation Boulevard and include storage buildings as part of the development. **Key Speaker** Scott Southall presented on this agenda item [timestamp: 0:39:13]. **Proposal** The amendment involves two main modifications to the existing Griffin Gate Office Park plan: - Adding access to Citation Boulevard - Adding storage buildings to the project **Action Taken** The item was postponed. The postponement was requested to address outstanding conditions and allow for ongoing discussions with property owners regarding the proposed changes. ## Spring Lake The Spring Lake agenda item (PLN-MJDP-20-00067) was discussed as a planning matter [timestamp: 0:34:53]. Nick Nicholson presented on this item. The staff recommendation was for approval with conditions. A postponement was requested to allow time to resolve discussion items with both staff and neighbors. The meeting outcome was to postpone the matter rather than proceed with a vote at that time. ## Dotson Farm Subdivision, Unit 2 **Identifier:** PLN-FRP-20-00057 **Item Type:** Discussion **Presentation and Discussion** Richard Murphy presented on the Dotson Farm Subdivision, Unit 2 project [timestamp: 0:48:39]. The discussion focused on the proposed subdivision development and its associated infrastructure requirements. **Key Concerns** A primary concern raised during the discussion involved the construction of Haley Downs Drive. Specifically, there were questions about whether this road would be constructed to public street standards. This concern was addressed during the meeting through the addition of a supplementary note to the approval conditions. **Outcome** The project received approval with conditions. The recommendation for approval included an additional note specifically addressing the construction standards for Haley Downs Drive to ensure compliance with public street requirements. ## Woodward Lander Property, Unit 1-A, Sec 2, Lot 108 **Identifier:** PLN-MJDP-20-00070 Greg Smorstad presented this agenda item, which involved discussion of a development plan for the Woodward Lander Property, Unit 1-A, Sec 2, Lot 108. [timestamp: 0:53:01] The plan had been revised to address parking requirements that were identified during the review process. The revised conditions were incorporated to bring the proposal into compliance with applicable standards. The outcome of the discussion was approval of the project. The approval was recommended with the revised conditions in place. ## Shoppers Choice Property (AMD) **Project Identifier:** PLN-MJDP-20-00071 **Discussion Summary** The meeting included discussion of the Shoppers Choice Property amendment proposal [timestamp: 1:29:44]. Richard Murphy and George Griffin were the key speakers on this agenda item. **Concerns Raised** Two primary concerns were discussed during the review: - Stormwater management - Building articulation **Outcome** The project received approval with conditions. The recommendation was to move forward contingent upon addressing the identified concerns during the development process. ## Winburn Estates, Unit 3 **Project Identifier:** PLN-MJDP-19-00077 **Overview** The council discussed and approved Winburn Estates, Unit 3, a project that was brought back for reconsideration of building height and parking adjustments. [timestamp: 1:39:11] **Presentation and Outcome** Chris Howard presented the agenda item. The plan received approval with the original conditions intact. No additional modifications to the conditions were required as part of this review. **Decision** The project was approved as presented. --- ## Decisions - **PLN-MJDP-20-00029** — postponed (10-0): Postponement of Lexington Mall Property, Lot 6-A (LFUCG) (AMD) - **PLN-MJDP-20-00050** — postponed (10-0): Postponement of Lexington Mall Property (Planet Fitness Lexington Richmond Road) (AMD) - **PLN-MJDP-20-00054** — postponed (10-0): Postponement of Headley, Niven & Vance Property, Lots 1, 2 & 3 (Chick-fil-A) (AMD) - **PLN-MJDP-20-00057** — postponed (10-0): Postponement of Griffin Gate Office Park (AMD) - **PLN-MJDP-20-00067** — postponed (10-0): Postponement of Spring Lake - **PLN-FRP-20-00057** — passed (10-0): Approval of Dotson Farm Subdivision, Unit 2 - **PLN-MJDP-20-00070** — passed (10-0): Approval of Woodward Lander Property, Unit 1-A, Sec 2, Lot 108 - **PLN-MJDP-20-00071** — passed (10-0): Approval of Shoppers Choice Property (AMD) - **PLN-MJDP-19-00077** — passed (10-0): Approval of Winburn Estates, Unit 3 --- ## Full transcript Music Thank you. The End And he spends the whole year working on in his sled. It's the little St. Nick. Little St. Nick. It's the little St. Nick. Little St. Nick. Just the little bobby sled we call little St. Nick. But she'll walk it so foggy with a four-speed strip. She's candy apple then with a ski for a wheel. And when Santa hits the gas, man, just watch her feel. It's the little St. Nick. Little St. Nick. It's the little Saint Nick. Saint Nick. Run, run, reindeer. Run, run, reindeer. Run, run, reindeer. Run, run, reindeer. You don't miss no one. And crawling through the snow at... Hi, I'm Amanda Mays Bledsoe, the City Council person here for the 10th District, and today I'm greeting you from Southland Park. This is a beautiful community park and one that most people around this area treasure a whole lot. And I'm really excited about some new updates coming to the area. Now typically, one of my greatest joys is being with you in person. It's having meetings over coffee, in restaurants, if we're out here at parks, talking about important things, and bringing this together and really impacting discussions and debates on how we can improve this area. Unfortunately, in today's environment, that's just not possible. So today, we're bringing to you some experts talking about some improvements coming to the park in hopes that we'll have more continuous conversation moving forward. So in the last week we've had quite a bit of rain and while it's been lovely for the area it's brought one a lot of water. In fact water in our backyards, water in the basements, water on streets and that brings me to why we're here today. So with me is Director Charlie Martin who's Director of Water Quality and Charlie we're here at Southland Park to talk about water quality improvements to this area. So tell me why we're here. Well as you know So we've got some ongoing flooding problems in the neighborhood, both upstream and downstream from the park here. In particular, we have the stormwater priority projects list that's been existed for almost 30 years now. And one of them is up in the Pasadena-Yuma Court area, and then there's another one that's farther downstream or downhill from here, down in the Longwood area and stuff. And so basically we're trying to put together a drainage project that helps solve those problems by utilizing the open space that we have here because there's not a lot of open space in the neighborhood as most people know and and as it turns out behind us is a water quality project that we funded about five years ago and I think there's a really great opportunity to be able to have a drainage project and a water quality project actually work together seamlessly to solve problems for the neighborhood and one of the things we've talked about in those early public meetings over at Lexington Catholic I believe it's one of the ones I remember distinctly, is people talking about, well, can we buy property? Can we make this water cloud project someplace else outside our own park? And really, that just didn't work out the way we had hoped this year. No, it hasn't. I mean, as I said before, there's not a lot of available property to speak of anyway, and it is a very precious commodity in this area. There's two creeks that actually drain through the park already, as most people who use the park know that. One of them is back behind us. And we have a saying in the division, water always wins. it goes where it wants to go and this is where it's always wanted to go so how can we improve this in such a way that allows it to go here and be stored and not damage private property without undermining the water quality things that we've already done here already. You're right it's interesting that partnership on the water quality friends of wolf run has done a lot of work and meaningful work done in this area and actually Clay's Mill Elementary has used that creek for water quality projects and for school and learning and science projects so this area really has a lot of value not just on the park side of it but on the environmental quality side of it as well. Right we've got a lot of great partners out here the school the Friends of Wolf Run, Parks and Recreation that's why we've got 30 percent plans posted to our website right now and we're encouraging people to go look at those plans and provide us input you know 30 percent plans means we still have a lot of work to go as far as a final design and construction construction is not imminent by any stretch of the imagination we welcome and encourage people to participate it because basically the outcome is something that we all own and have responsibility for. You're right. And the technicality of some of these pieces are pretty intense. And so if you want to see these plans in particular, the website's at the bottom of this show. And you can go there and you'll have the 30% plans, like you said. So this is just a first glance at that. And we're welcoming public input. So take a look, see what you think, and you can view them there. And you can submit your questions and comments to Mark Sanders, who's actually taking the technical side of the watershed drainage piece of that. And here's the exciting part. While we're making changes to that watershed, it also impacts the rest of the park. So I'll be right back with Director Monica Conroy to talk about how. Welcome back to Southland Park. Now as a little girl, I used to walk to this park to swim at the pool long before it was the water park it is today. In fact, this playground was developed when I was off in school. So the park has been a really important piece of the neighborhood around Southland area for a really long time. But like every park, we really would like some improvements. I've got a number of feedback from you about what we can do for the pavilion to make it nicer, upgrading the basketball court, improving some of the playground equipment. All of those things that we would love to do, but as you know, they cost money and resources, sometimes of which takes a while to plan to put in the master plan. So one of the things we started talking about immediately, once we realized we were going to need to do some work on the watershed project to expand that footprint, if you will, in Park was what we could do in this area to really combine some resources to leverage some funds and make some improvements to this area. This is just the first of many conversations about that and kind of the first phase. So I'm with here with Director Monica Conrad. Thank you for joining us this afternoon. Thank you Councilmember Bledsoe. So talk to us a little bit about how what we're thinking about for this space. Sure well we're excited to be working obviously with water quality and Director Martin on improving this space here at Southland park. The basin that will be created will allow us to really install a brand new playground here at Southland. This one has reached its end of life as you know, so it's time to reinstall a new one. We're going to be able to do that here near the shelter area, a little closer to the shelter, to the restrooms, provides more shade and seating area for our users and our citizens who walk in from the neighborhood. So we're really excited about that aspect. We'll also be moving that basketball court. So the playground will pretty much go in the space that the basketball court is now. The basketball court, we're going to relocate near the Aquatic Center. It's going to be a better access, provide better lines of sight, and give us a great new amenity here at Southland Park. Well, thanks. It's really exciting. And people love this park. We got new tennis courts not too long ago that actually people were on just a few minutes ago. A lot of schools in this area walk here to play on this park in this area. The softball area and baseball field here is highly used, as well as the pool. So really, the real big exciting part, I think, is the basketball court because people love to play basketball, especially in Kentucky, especially right now being outside. So that's really going to be nice for this area, especially upgrading the park. The trees here provide some great shade, I think, for some of the playground, unlike down here, which just kind of gets hot in the summertime. It does. It does. You know, in this basin area is going to have a walking path that will still allow access to that baseball field, which we're really excited about. It's also great passive recreation in this space. So while we'll have construction going on in our park and these wonderful water quality improvements, in the end, we're going to end up with much better opportunities for our users. I think you're right. People love to walk. And having that walking trail around here, I think, will be really nice as an amenity. So we're really excited about what's coming to Southland area. And I know this is a lot to digest. And again, we're just kind of in the first phase of this. So we want to provide some opportunity for feedback as well. So if you're interested in the park portion of the redesign of this space, you can email the person at the bottom of this at southlandpark at lexanky.gov. And they're going to be responsible for kind of the park project on this. Like I said, we're actually having three major projects coming to this area pretty soon. soon. Clay's Mill reconstruction, the construction on the park, and the construction on the watershed water quality improvements. It's a lot happening, but I promise you at the end it's going to be worth it. We're going to keep all this information on the Facebook page, on the 10th District page as well, as well as our newsletter. So if you want to make sure you're on that newsletter, please email us at cbaker at lexanenky.gov. We want to make sure that you're getting up-to-date information as we move forward. This is going to be a couple years in the making. It's going to be a long haul, so we need to be patient. We hope you'll be informed, we hope you'll be supportive, and we'll hope you'll give us our feedback. Until then, I'll see you soon. I'm Christy Stambaugh, the Director of Aging and Disability Services here in the City of Lexington. And today we're going to talk to you about how Zoom, like you can see behind me, can help you to connect during these really, really tough times when we're feeling really alone and we aren't sure when we might get to be together with people again. So I have to tell you here at the Lexington Senior Center, since about May, we have been offering a number of exercise classes, history classes, brain classes, conversation station, and bingo all using this particular application. This application is called Zoom, so you'll hear about it in the news a lot. You'll hear people saying that they're having Zoom fatigue. But I have to tell you, I love being able to connect with our seniors using this application. So basically what happens is you download this application on your smartphone, your device, your laptop, your desktop. And even if you don't have a camera, it's not that big of a deal because you can join us through audio alone. And here at the Lexington Senior Center, we have toll-free numbers. So you wouldn't even have a toll charge if you were using your home phone. So basically, let's say you wanted to do a get-up-and-go class, which is one of our most popular exercise classes. You would contact the Lexington Senior Center at 278-6072. You'd talk to Wendy. You'd give her your email, and she would email you the link. And if you didn't have an email, that would be okay. She could give you a phone number that you would call. So let's say that this Get Up and Go class starts today at 9.30 in the morning. And so you want to join. And so all you do is click on the link in the email. And the link is, a hyperlink is something that's blue generally. And it's underlined in the body of your email. So basically we'll send you an email. We'll send you the link to get into the class. You click on that. You join us for the class. When you come, now the computer is going to direct you to join with computer audio or and computer video. And in both cases, to begin with, say yes. Join with computer video. Join with computer audio. Then we'll get to see your face, which is so important for us to be able to check in with everybody and make sure that you're doing just fine. And at the same time, you get to see us and you get to see all of the other people that are in the class. Now, if you're a person and then at any time you want to mute your microphone so nobody can hear like your dog barking in the background or your grandchildren running around in the house, you can mute your conversation. And also, if you need to step away or you prefer to exercise and just watch what's happening but not have anybody watch you, you can turn the camera off. So for me, when I do a yoga class in my living room each morning, I do that very same thing. I don't need anybody to see that the dog is standing on my head at any given time or that they're barking at the mailman as they come through. So then you get to be a part of a class and the class is going on and you're just following the leader. So you're seeing like Wendy would be front and center on the computer screen. And then all of the other people in the class are kind of over to the column on the right in teeny little boxes. And I think we have an image to show you of that. So then you get to be a part of something. You kind of have to show up on time to get into the class. So then you're held accountable and you have something to look forward to. Then when the class is over and at any time you can raise your hand using the app or you could just wave at the camera. and if one of our staff is monitoring, which they usually do, they could answer your question. I know that Wendy takes lots of water breaks, as does Jody and our other instructors when they're teaching fitness classes. Now let me tell you, if you don't have a camera, it's totally okay. You might be a little bit more selective in the classes you choose to participate in. So we have a history class that will join us again back in January. And before, this room was packed. We would have 80 to 90 people. And in this new platform, virtually, we could have that many people and more. And if you didn't have a camera, didn't want to mess with the camera, you could still participate by listening. You could listen to the instructor. You could listen to the classmates making comments. So some of this sounds pretty complicated, but it's not. And if you know how to use Zoom, but you're not sure how much does it cost? Is it something that I can do with my family? because we have the holidays coming up and we want everybody to stay healthy at home, you could download the app for free. You could schedule a meeting or a family gathering, and you can do up to 40 minutes free of charge using this Zoom app. Now, when you use the app with any of our classes, of course, there's no charge. And you just have to click on the link and join us. So I have to tell you that whenever I get in the old days prior to COVID, going to meetings were like, oh, I got to rush to this meeting. Now I'm in my office. It's five minutes to the meeting. I click into the meeting and then I get to have little chit chat conversations with other persons in the meeting. We're doing it. We're being social, but we're being safely distanced far apart. So we know that loneliness is one of the issues that everybody is facing at this time and to feel alone and to not be connected. So that's why here at the Lexington Senior Center, we have probably close to 20 activities and classes every single week offered to you via the Zoom app or conference call. So if you are a person who used to like to play bingo and you don't have the technology or you don't want to mess with it, just call in. We send you the bingo cards ahead of time. We call the bingo game. There's other people in the room or in the event with you. So you get to see and hear from some of your peers and colleagues that used to come here to the Senior Center. And you still get to participate in some of the activities that you like the most. So we're very thankful that we have this opportunity. It's a little bit stressful at times. If you're not sure how to use it, just call us here at the Lexington Senior Center. Some of our staff are really good at helping you virtually be able to connect. We would all walk you through everything, every little thing that's on that screen so you have a better understanding of what's going on so that you feel more comfortable. So give us a call here at the Lexington Senior Center, 278-6072. Ask to talk to any of the staff that are willing to help you with Zoom, and there's a number of us that can do it. And so please give us a call. Don't sit home not thinking that nobody's thinking about you. You don't have anything to look forward to. There is still so much going on here at the Lexington Senior Center. Won't you tell me You're never more broken Oh, Christmas and New Year We'll find your home There'll be no more sorrow No grief or pain Cause I'll be happy Happy once again Thank you. Friends in the nation Suns and mutations They be sure As stars shine above Baby, the night China's Christmas, my dear And the time of year to be me will walk on your love, love, love me Won't you tell me, baby, you won't wrong Christmas and New Year's will find you home There'll be no more sorrow No, no grief and pain Cause I'll be happy, baby, happy once again You know I'll be happy, I'll be happy once again The End Anything that it would tell me That's a thing that I would do The snowbird sings a song he always sings And speaks to me of flowers That will bloom again in spring But now I feel such emptiness within For the thing I want the most in life Is the thing that I can't win Spread your tiny wings and fly away And take the snow back with you Where it came from on that day The one I love forever is untrue And if I could, you know that I would fly away with you The breeze along the river seems to say That it'll only break my heart again Should I decide to stay So little snowbird, take him with you when you go To that land of gentle breezes Where the peaceful waters flow Spread your tiny wings and fly away And take the snow back with you Where it came from on that day The one I love forever is untrue And if I could, you know, that I would fly away with you Yes, if I could, you know, that I would fly away with you Fly away with you Yes, I would fly away with you The bells, the bells ringing everywhere For the sound of Christmas is in the air The bells, the bells from the steeple above Telling us it's the season of love Bring out, let the tale be told That inspires the dreams of the young and old Love, love, let your hearts unfold For the bells of Christmas are ringing The bells, the bells on a wintry night With the friendly fire burning warm and bright The bells, the bells from the steeple above Telling us it's the season of love Ring out, let the tale be told That inspires the dreams of the young and old Love, love, let your hearts unfold For the bells of Christmas are ringing The bells, the bells say kneel And bow to a world Thank you. We're going ahead and we're broadcasting now. We'll just give it a few more minutes for all of our attendees and audience members to join us. Hey, Avi. I got it, man. Don't worry about it. You do it all the time. I get stuck in the morning. Yeah, I know. It just ain't gonna work long days. Tracy's got us another word. I know you, man. Tracy's got us another word. You know what that is? No. I know me. Mr. Chair, I believe that we have started our meeting today. All right. Good afternoon, everyone. It is now 1.30. Welcome to the Urban County Planning Commission subdivision items. We'll call this meeting to order. Before we move forward, I want to read off the governor's statement. Due to the COVID-19 pandemic, state of the emergency, and Governor Beshear's executive orders regarding social distancing, this meeting is held via teleconference pursuant to Senate Bill 150 as signed by the governor on March 30, 2020, and Attorney General Opinion 20-05, and in accordance with KRS 61.826, because it is not feasible to offer a primary location for the meeting. Next on the agenda item we will move to agenda item number two. Any postponements or withdrawals? Ladies and gentlemen if you have any postponements or withdrawals please please raise your hand digitally now. We'll start with Mr. Nick Nicholson sir okay mr nicholson mr nicholson go right ahead good afternoon i'm here on behalf of all homes to request a one-month postponement to the january 14th planning commission meeting for item i believe it's number or item e on page four of your agenda major development plan 20-67 Spring Lake. You're still kind of working out some of the discussion items to make it easier hearing for you all with staff and with neighbors. Thank you, Mr. Nicholson. Thank you. Does anyone have any questions for Mr. Nicholson? Seeing any, I will take a motion for the postponement as presented. Ms. Plumlee? Thank you. Move postponement for one month to January the 14th, I believe, for PLNMJDP 2067 Spring Lake. We have a motion. Do we have a second? Second by Ms. Meyer. Thank you. All in favor, please raise your hand. That's unanimous. Thank you. Thank you, Mr. Nicholson. We'll demote you now. Next, Mr. Alan Wiley will be promoting you. Mr. Wiley, you've been promoted. You can go ahead and address the Planning Commission now. Mr. Wiley, if you can go ahead and unmute yourself and start your video, you can address the Planning Commission now. Yeah, sorry about that. Yes, good afternoon. I'm here to postpone amendment or item number C, the Headley, Niven, and Vance property, the Chick-fil-A project, to the December 17th meeting. Although we resubmitted addressing the comments that were made, another comment came up late yesterday that we need to work with staff on, and we need that little bit extra time in order to do that. Okay, thank you. Do we have any questions for this particular agenda item from any of the committee members? I'm not seeing any. I'll open the floor for a motion for the one-week postponement. Mr. Chairman. Mr. Penn. I move to postponement of PLN-MJDP 2064 until December 17th. Thank you. We have a motion and a second by Ms. Plumlee. All in favor, please raise your hand. unanimous motion approved thank you thank you mr wiley we'll be demoting you now we'll be moving on to eap user uh eap user we have promoted you now if you could go ahead and unmute yourself and start your video you can address the planning commission hello everybody it's rory um new system here sorry let's see I would the page two under development plans item a this is the Lexington mall property a lot 6a well we'd like to request the one month postponement to the January 14th hearing the owner still got some of the discussion items he needs to work his way through okay thank you sir any Any questions for the applicant at this time? I'm not seeing any. The floor is open for a motion for the one month postponement and that's the January 14th meeting, 2021. Graham? I move to postpone PLNM-MJDP 2029 until the January 14th hearing. Thank you. We have a second by Mr. Wilson. All in favor, please raise your hand. unanimous. Motion is approved. Thank you. Thank you. Thank you, Mr. Kaley. We'll demote you now and we'll be moving on to Mr. Scott Southall. Mr. Southall, we have promoted you to a panelist. You may address the planning commission. Thank you. Mr. Chair, members of the commission, I'd like to turn your attention to page 4, item D, PLNMJDP-200057, Griffin Gate Office Park, amended. I'd like to request a one-month postponement to January 14th. the owner has been in contact with some of the adjoining property owners to explain the project and we're still in having some conversations with them okay mr southfall we do have a question right now for mr pen i noticed you have 28 conditions yes sir are we going to be able to get those cut down before you oh oh yes absolutely sir yes yeah Yeah, we haven't addressed those items just yet because we're, again, the owners having conversations with adjoining property owners at this point in time. So, yes, but those will be cut down significantly. Thank you, sir. Okay. Any other questions for Mr. Southall? McCauley, open the floor for a motion. I think Mr. DeMogne had your hand raised. Yes, Mr. Chair, I'll make a motion to postpone for one month to the January 14th hearing PLNMJDP 2057 Griffin Gay. Thank you. And a second by Ms. Plumlee. All in favor, please raise your hand. It's unanimous. The motion is approved. Thank you. Thank you, Mr. Scott. We'll be demoting you now. If there is anyone else that would like to withdraw or postpone an application, please digitally raise your hand now. Mr. Martin. Yes. Thank you. We're unmuted, aren't we? Yes. I'd like to direct your attention to page three. This is Major Development Plan 20-50, Lexington Mall property. This is the Planet Fitness location. They have requested a one-month postponement. They are continuing to work with Home Depot on some of the issues on the site. Okay. Any questions for Mr. Martin? I see any. The floor is open for a motion for a one-month postponement. Ms. Plumlee? Thank you. One-month postponement, please, until January the 14th for PLNMJDP 2050, Lexington Mall property, Planet Fitness. Thank you. Second by Mr. Pohl. Thank you. All in favor, please raise your hand. Motion is approved. Unanimous. Thank you. Thank you, Ms. Martin. And sir, I do not see any other hands raised for postponements or withdrawal. Okay. All right. So we can either go to the performance bond, letters of credit, or we can do the consent agenda. consent agenda first. Thank you, Chairman Forrester. There are several items today on the consent agenda. One subdivision item and then two development plan items. And we'll see if there's anyone here in the audience or if a commission member wishes to have one of these removed from the consent agenda up for discussion. The first item appears on page five of your regular agenda, item H. It's PLN MJDP 20-72, Buckley and Cowgill Warehouse Property, also known as Overbrook Land Company. This is an amended final development plan for property located at 2003 and 2007 Liberty Road. The next item appears on page six. It's the following item in the agenda. Item I, PLN MJDP 20-73, Liberty Road Service Center. And this also is located on Liberty Road here in Lexington at the addresses of 1833, 1837, and 1865. And then the last item that appears on the consent agenda today is actually a re-approval or an extension for a subdivision item. This is a final record plat. It appears on page 6 under item A, PLN FRP 19-50 for Spring Lake Townhomes, Unit 2B and Gainesway subdivision, Unit 3B, Block A, Lot 18. This is an amended final record flat in the subdivision committee has recommended read approval or extension of this particular item so the Planning Commission may consider all three of these items in one motion for conditional approval unless a commission member or a member of the audience or petitioner would like to have these items removed from the consent agenda today anyone in the audience who wishes to have one of these items removed from the consent agenda? I see anyone raising their hand. So if there's anyone else, commission member or petitioner that needs those removed, I'll leave the note back. Mr. Wilson? Yeah, it's your... No, I was going to make a motion, but that's whenever it's ready. It's ready. Oh, it's ready? Then, Mr. Chairman, I move that we approve the consent agenda as provided by staff. Okay, we have a motion and Second by Ms. Boxdale. All in favor, please raise your hand. All right. Unanimous. Motion is approved for the consent agenda. Thank you. Thank you so much. Okay. Next up, just want to move forward. Last page, page seven, I would like to have a motion for the approval of performance bonds and letters of credit. Mr. Chairman, I move for approval of the performance of the letter of credit as presented by staff. Second. Seconded by Mr. Wilson. All in favor, please raise your hand as well. Motion is approved unanimously. Thank you. All right. Staff, I think we're on page two, final subdivision plan, item 1A. Thank you. Can we pull up our PowerPoint? Okay, so our first item is FRP-20-57 for Dotson Farm Subdivision, Unit 2. This is located at 5501 Haley Downs Drive. So this property is off of Haley Downs Drive, and it's next to the landfill. First of all, I'd like to note that the applicant has submitted the affidavit for the posting of their sign. They've also submitted photos that show that the sign has been posted. We have just most of our typical sign-offs on this plat. But there has, last week, the subdivision committee did recommend postponement because there were concerns about the construction of Haley Downs Drive being to public street standards. But our Division of Engineering has proposed the following note be added to the plat. And Planning agrees that this note should address the issue. So the note is resolve the classification of Haley Downs Drive to the approval of the Division of Engineering. And we think that that could resolve this issue and move this platform today. With that, I'll open it up to the commission for any questions. Okay, sorry about that. Any questions from the commission members at this time? Okay, not seeing any. We'll move over to the applicant. Thank you, Mr. Murphy, Richard Murphy. Mr. Murphy, we're promoting you right now. Mr. Murphy, you've been promoted to a panelist. There you go. Thank you very much. Members of the commission, I'm representing the Dotson Family Partnership, which is the owner of the property. I think Bill McAlpin and John Hill of Eagle Engineering are probably on the call, too, but we agree with those conditions. We've talked to the Division of Engineering about that note. we agree to it and we will continue to work with them to work out that issue. Thank you, Mr. Murphy. Any questions for Mr. Murphy from the commission members? Not seeing any. Do we have anyone in the audience or on the attendance that would like to speak on behalf of this agenda item? At this time, you can do so by raising your hand. Okay, not seeing any. So we'll bring it back to the commission for a motion. Yes, sir, Mr. Ben. I move for approval of PLN FRP 2057 with the now eight conditions, number eight being resolved, classification of the Haley Downs Drive Road. Thank you. We have a motion and a second by Ms. Plumlee. Any further discussions to that motion? Not seeing any, all in favor, please raise your hand. Okay, unanimous. Motion. Thank you. Thank you, Mr. Murphy. We'll be demoting you now and be moving to our next application. Page 5, PLN-MJDP-20-70, Woodford, no, Woodard Lander property. Thank you. And just so you know, there are revised conditions for this plan. This is located at 3180 Sandersville Road. So this property is near Spur Road, and it's across from the Masterson Station neighborhood. The purpose of this amendment is to add buildable area and also revise the townhouse layout. And last week, the subdivision committee recommended postponement due to that lot seven had a proposed duplex that did not meet the parking requirements. However, the applicant submitted a revised plan on December 4th, and that changed Lot 7 to one single detached family unit lot. And staff can now recommend approval based on revised conditions. So Lot 7 no longer has a parking issue. So we have our typical sign-offs on this plan. And then our final condition, number 11, we've added that just says to take off the parking spaces that are located in the front yards on lots one through six and update the parking statistics. Since these townhouses are now going to be subdivided, they only require one parking space per dwelling unit. So the parking statistics just need to be updated with that parking rate and then those extra parking spaces in the front yard just need to be removed from the plan. And with that, staff can now recommend approval. And I can open up to the planning commission for any questions. Thank you. Any questions? We're moving them again. Mr. Penn, you had a question about number 11? Yeah. Are we leaving number 11 the way it is then? Yes. Yeah. It should be fine the way it is. Thank you. Thank you. Any additional questions for staff? I see any. Applicant? The representative for the applicant. Oh, there we go. Mr. Smorstot, we've promoted you to a panelist. You can now start your video and audio to address the Planning Commission. Good afternoon, members of the Planning Commission. I am here on behalf of Lakes Edge Development and JTB Construction. And we have worked with planning a fair amount this past week on this plan and we agree to the to the revised conditions and just ask for your approval. Thank you. Any questions for the applicant? Not seeing any. Do we have anyone on the call or Zoom meeting that would like to speak on behalf of this Planning Commission item at this time? Okay, not seeing any. We'll bring this back to the Planning Commission then and I will open the floors up for a motion. Oh, I asked if they want to speak on behalf. Yeah, I just hear behalf that way. This covers it. Yes, sir. No, thank you. Ms. Plumlee? Thank you. Move approval of PLNMJDB 2070 Woodward Lanter property with the now 11 conditions deleting the former 11, 12, and 13 conditions. Thank you, Ms. Plumlee. We have a motion. Do we have a second? Second by Mr. DeMovillen. Any discussion to that motion? Not seeing any. All in favor, please raise your hand. All right. Unanimous, motion is approved. Thank you. Next up, still on page five of the agenda, item G. Good afternoon. We are at final development plan on JVP 20-71 for shopper's choice property. amended. This property is located off of Romney Road or between Romney Road and Duke Road. They had originally had a, the last I believe was a Kroger store. They're coming in to tear this store down and to rebuild a new store and redo the parking lot. When they build a new store, they're also going to put in, I would say a patio area up on top of the roof to have sandwiches up there. So they have come in with a revision on this plan. We received this on the eight. We have revised conditions with that, with the plan. So the first eight conditions are our sign off conditions. Then we have a couple cleanup conditions that were not taken care of. We had a development plan previously to this and we asked for a letter to withdraw that plan that was done previously because it was approved but not signed. We had some discussion about, we have a condition here that says clarify access points on and off of the property. There was some concerns about how to access the point of property. They have two access points over off of Duke Road and both of them say entrance which we want to clarify make sure that one is only an exit and the other is the entrance. This plan is going in front of the Board of Adjustments because they're looking for side yard and landscape buffer variances to the southern boundary of the property. So we ask for that information once it's been approved, that Board of Adjustments be denoted on this plan. Delete note number 13. That's just a duplicate for what the Board of Adjustments notes. We have three discussion questions, which we have now, over the last few days, been able to resolve. So the stormwater management, we can make that a resolve condition. We work with engineering on that. The next discussion was about the building articulation. They have submitted what they said is some preliminary concept to what they're proposing for the building to look like. As you can see, they have what is on the rooftop, what garden they have at tree. Here's a front elevation going towards Romney Road. They have a stairway and then we have some additional landscape with the tree on top. So these are such, these are kind of a rough sketch as to what they have. So we asked for the next condition to be changed to submit a more detailed architectural rendering to depict the proposed building articulation and the fenestration along Romney Road prior to planned certification. We just want to get a little more detail because this is in the infill. We want to see the mixed use of different materials and kind of the offset with those materials. Then the following note 16 would be denote building shall substantially comply with the elevation submitted to the division of planning and to building inspection. So once we get the revised plans into the office we want to make sure that when they're permitted for building that they match what we have been submitted for new architectural drawings. So with that I will open it up to the planning commission to see if there's any other comments or questions. Okay thank you staff. Any comments or questions for staff? Ms. Blumley? Is Vaughn around to give a little opinion on the stormwater resolve? She is. She is. Sir, would you like me to bring her into the floor? Yes. Ms. Atkins, we are promoting you to a panelist. Ms. Atkins, you've been added to the panelists. If you can go ahead and start your video and unmute yourself you can address the planning committee. Yes we received a statement from the engineer and we think that they can work out the details of how they manage their detention or quantity and quality on site during the development of the improvement plans and our review we'll work with them very closely on that at that time. All right. Thank you, Ms. Ankins. Ms. Plumlee, did that clarify? Yes. Okay. All right. Any additional questions for staff? Yes, Mr. Paul. Could you clarify the issues to be dealt with by the Board of Adjustment? Cheryl, would you like me to take that question? Yes, please. Yeah. The Board of Adjustment received a variance request, actually two variance requests. One for the side yard setback adjacent to the condominium that front onto, not onto do. I'll go back over to the house development. What can you show the girls? There we go. There we go. Yeah, I don't know the main Cooper. Is it Cooper Drive? Yeah. Yeah, those the townhouse are the condominium unit there that press on the Cooper Drive. They have a rear garage and then a drive aisle that is right up against the property line and the existing building is also right up against that property line. The applicant's proposing to replace the building and again be right on the property line. Normally we would have a both zone to zone screening between B1 and R3 and also a side yard slash rear yard step back there from a residential zone. So they were asking to eliminate both of those things. No landscaping on that line and no yard. Okay, thanks. You're welcome. All right. Thank you, Tracy. Any further questions for staff? I'm not seeing any. We'll move over to the applicant. Mr. Richard Murphy has his hands raised and George Griffin. Thank you very much, Mr. Chairman. Of course, I'm Dick Murphy representing Romney Market, LLC. George Griffin is the principal involved in that. And also, I think on the call is Bill McAlton and John Hill of Eagle Engineering, our engineers. We agree with the staff conditions. We've been working with them in the last week. We will check, we will correct that label of the access points. We've agreed to bring a new, get a new architectural rendering to the staff to flesh out the details you saw in the renderings that the staff showed you. we've as miss adkins mentioned we've been working on the storm water with her the wall we will go to the board of adjustment and we're putting a new wall in the same place the old wall is on the left side as you're facing the property if we'd left the old wall there we probably wouldn't need a variance but since we're replacing it with a new wall we probably need a variance to do that so that's why we're going to the board of adjustment so we're real pleased to present this to you we think it'll add a lot back to the vitality of the romney road area and we agree with the staff conditions thank you mr murphy do we have any questions for mr murphy at this time mr penn mr murphy how many how many seats are going to be on the restaurant area on the top How many people do you think you have up there? I do not have the exact answer to that. Mr. Griffin may have that answer for you, the number of seats on the roof. Yes, I do. My apology for not being on the video here. But roughly 88. and that conforms to the parking restrictions that I do not want an exception for. I need every parking space I can get. So to follow up, Mr. Griffin, I'd like to ask you, you still have a circle stairwell going upstairs on the outside? Well, it's not a circle. it runs parallel to the building to a landing to the roof. And that will come up on the roof right behind two elevators that will come up from the grocery store for the handicap blah, blah codes. So there'll be two elevators. and when you look at that rendering that what looks like a chimney up there is really an elevator shaft that pops up on the roof. Your stairwell will be for people going up and coming down? That's correct. To the restrooms that will be on the first floor. All right. Thank you. That's what we heard on subdivision. I wanted to be sure I was right on that. Yes, that's correct. There'll be very little permanent structure on the roof. It's a totally seasonal sort of thing that we're trying to accomplish up there. And it won't be a dinner setting. It will be a lunch setting. And I know that rendering was just a placeholder, but there will be parapet walls and stuff around there. Oh, yes. Oh, yes. I'm the only person that will jump off the bill. I'm not worried about you jumping off before, but where are you going to land? Well, this is a very friendly project that I'm trying to accomplish here. I was there yesterday at Wheeler's Pharmacy and at Ben Campbell's office, both, in two separate meetings. I'm trying to be a very friendly neighbor, but it is a very difficult thing. I'm not putting a round peg in a square hole. I'm putting a square peg in a square hole. But it's a very delicate thing to accomplish to demolish that building and bring it back roughly on its same footprint. If you look at the detail, you know, I'm getting off of that easement in the rear of the building. but I am sliding the building a little closer, eight feet, to Romney. I'm not going to infringe on any of the code issues on the front, but I didn't want to have to deal with the sanitary sewer or Kentucky utilities, which are on the back easement, as well as the cell phone tower. Now, Mrs. Engle was there with me yesterday, and she's had some flooding issues. Of course, I can't dictate how much it rains, but I certainly will do what I can to move the water down to Romney. There's a pretty good slope there that goes down that from Romney to Duke, and that's two different pieces of property. so it's kind of tricky but uh you know as long as i can slam a pipe in there that's not that expensive to do and so i would want to do what i can to help with the stormwater drainage but uh i really need to put the wall back where it is and the wall that's there and dick and i talked about this earlier today, will not hold up the ceiling that I want to put up today. So that wall needs to come down, and it needs to go right back. You know, I'm negotiable with inches, but not really much with 15 feet, which is the variance. So I want to be a good neighbor, friendly neighbor, and if all y'all don't come and shop with me, I'm going to be mad. So I want to try to be as positive about this as I can be. And it's very expensive. But we're very confident in our financial projections. My family's in the grocery business almost 100 years from London, Kentucky. And we tried this once before, and it didn't work. And now it's in my lap. And I want it to work. And the Webs and the Greers and I are friends. and I've been there multiple times down in the big fancy blue building down there. But I, you know, it's a tricky, you know, tricky thing I'm trying to do. And if you guys will support me, I'll get it done. But it is, you know, it's a hard thing to do. That's why there aren't independent grocery people around much anymore. and Kroger spent $24 million on Romney Road. So there you go. It's my pleasure. Thank you very much, Mr. Chairman. Thank you for your comments and I can't tell you if the other members are shot there at the store. I can only say if the price is right, you probably get everybody. Well, I'm going to do the best I can. I want to see if there's any other planning commission members that would like to ask any further questions to the applicant. And Ms. Plumlee has her hand raised. Thank you for the applicant and thank you for your efforts in revitalizing this site. My question is just for the record. You did not fully explore an underground detention basin. Is that correct? That is correct. Thank you. Thank you. That's very complicated. Any further questions for the applicant from the commission members? I'm not seeing any. Oh, excuse me, Mr. Pope. Actually, I don't have a question. I have a comment. I understand that the elevations are preliminary. I just wanted to express encouragement to pay attention to the community where this is going and to develop elevations that are of a commensurate quality and sensitivity. So that's it. That's all I want to say. Let me address that real quickly. it's roughly 15 inches between what's there now and what's going back from the back retaining wall which is basically let me cut in and just say that we are Mr. Pohl the renderings that you saw originally were not architects renderings and we've talked to the staff about getting some architects renderings to them which will address a lot of those issues yes all right thank you thank you thank you mr murphy that that was my concern appreciate it good question do we have any additional questions or comments on this particular agenda item you're not seeing any do we have anyone in the audience that would like to speak for or against this particular agenda item and i see this hand raised by clark individual from the audience named clark uh we have allowed you to speak now if you would like to address the planning commission uh yeah my name is amy clark and i live at 628 castle road this will be my grocery store and i think everybody is just tickled to death we've waited five years this looks like a plan that's totally going to happen i think it's got a great business model. It looks like what may save you where others have failed is there'll be liquor as well as groceries. So everybody will be satisfied. I'll be one of your first customers. I think it's a terrific project. And I just can't tell you how many people are so glad to see it coming. There are some concerns. I would like to see it postponed to work out a little more clearly a few details. And primary to that would be the stormwater management. It does drop 16 feet from Romany to Duke Road by the contour lines given on the plan. That's quite a steep drop. It's great to hear there's a pipe going in that may help some. I'm not the engineer. It's good to hear that Ms. Atkins is thinking it looks resolvable. I would like to see it remain in the public eye until sound evidence of that resolution is before us. There is flooding in the area. I think Ms. Adkins testified, well, spoke at the technical committee that Romany has flooding problems. What I hear from the neighbors on Duke Road is, which is the downhill slope, the end of it, is it turns into a river in a heavy rainstorm. So the larger area already has flooding problems, it's going to be important that this nearly two-acre site doesn't, it actually needs improving. It's something that probably the chance won't come again for 50 years or 100 years if it's a good successful store. What happens is all the way from the church, the water runs down Duke and streams along in a heavy rain. If you have walked the site, as I know many commission members do, you'll notice that the parking lot edge up against Mr. Kaufman's building that fronts on Romany and behind it, there's the affiliated properties. I believe the name is Arnold of the owner. There's actually a drop as much as two feet there. So the water just runs right off the parking lot into the neighboring lots. The parking lot is right on the boundary there. If you look, you can even see a channel kind of cut into the backyards there of that adjacent property. Some of the property is built up level. Mr. Kaufman's is where it fronts on Romany. But behind that, there's a good drop off that parking lot. And some of that rainwater just runs right off it in no governed fashion that I can discover. I noticed and I was real thrilled to see that they're going to cut holes in the parking area to put in trees. And there's an attempt to do something like an engineered tree well. I wonder if it really is big enough and engineered enough to support a tree and a good large tree. There's mention on the plan of some, I think it was 16 trees that make up the tree canopy. Most of them are sited on the plan on that boundary where there is that drop in grade at a good part of that distance. And it's also under an electrical power line. I have not seen a tree protection plan. I don't believe one has been approved. I don't think it's near covering the canopy it's offering. I don't think it's a workable plan yet. This site has tremendous promise. It just needs a little more work in that way. I would say, too, that there's a condition of approval that it comply with the elevations, I think they're called. And these elevations haven't yet been submitted. I don't think logically it's wise or even correct for the commission members to condition approval on compliance with plans that they haven't had an opportunity to review. There's no sense what those plans are. There's a mere sketch. I think with one more month and lots more of this wonderful, great, friendly collaboration, this can be everything it needs to be. But I think there's a very extraordinary flooding problem in the area already. And I don't see anything that says, yes, it is solved. It is solvable. um i i do respect of course the engineers and their judgments on this but as a planning commission serving the public i would ask you to just have a just one month's more concern for the welfare of the public and the flooding in the area um another thing to note and this goes to the elevations in the design and so on. B1 has recently been changed to shorten the front yards. They were already shortening it to the required front yard, and then they asked for a further variance. The variance they asked for and received from the BOA in 2017 was conditioned on a development plan that has expired. So it would seem to me that the variance, since it's conditioned on following the development plan, and there is no such development plan, that variance, which is about five feet, is no longer in effect, I would think. I would ask you to consider that. and they need a little bit further for the obstruction of the stairwell that juts into the the yard still further this remaining five feet of the required 10 foot front yard and the important thing to remember is this is a village main street all the other front yards are much more generous and wider and deeper if you look across the street there they all have quite nice little front yards. It's not a lot of space to ask for. It may actually be almost the only space available to plant trees because it's hemmed in on the three other sides with power lines. So these are considerations I would really appreciate it remaining just a month more in the public eye to get some of these things really resolved. Thank you. Thank you, Ms. Dahr. I just want to resort back to the applicant if you would like to have a rebuttal Mr. Murphy yes if I could respond to that we appreciate the comments and as you can tell George Griffin is making a great effort to work with neighbors in the area he's worked with many of them and he's going out and meeting in person which as you all know most developers don't do on a development plan we do that on a zone change but not on a development plan. So he is truly engaged. He's listening to the concerns. Now, I want to talk about the drainage situation. Now, there is an order of doing things which is logical and flows and allows us to do the engineering drawings. Before we can do a final drainage plan, we need final approval of our development plan because only then are we going to know what the building configuration is, where things are, and the engineer can go ahead and do the calculations. Now, before we can start, as you all know, there's a step which you all do not see, which is the approval of the construction plan. So once you all approve a final development plan, then Eagle Engineering will be doing their drainage plans and all the other construction plans, because then they will know what is final and how they can do their calculations. and they are are prepared to do that but i don't think postponing this development plan will hurry up our drainage plans because we this has to be the first step so we know what the plans are and then we can do the do submit the plans um i would point out to you as i mentioned the subdivision committee we are going to have less impervious surface than the existing store we will we will have less paving, less roof than the existing store does. So we're not going to be adding to the stormwater runoff on this property. I checked on the front yard variance. We filed a variance, which is going to be heard by the Board of Adjustment Monday for the side building. Before we filed, I checked with the staff to see if a front yard setback was needed. It is not because it is subject to development plans as may be amended by you all in the future. So we're okay on the variance that can be discussed more Monday if they need to. Our open stairwell on the front is an open stairwell, so it is not considered a violation of the setback requirement. And one thing the staff has noted on this is that we are showing a lot of trees in that parking lot. There are very few trees in that parking lot now. We're going to be a net gain of many, many trees as shown by this plan. So we understand those concerns. But as a developer and as George is planning his development, we need to move forward. And this is not the final step. I know the word says final development plan, but it's not the final step in our approval process at the city. It's a milestone and it lets us do our more concrete plan. So we'd ask you to go ahead and consider it today. With all respect to Ms. Clark's concerns, all those are going to be addressed, but they're going to be addressed more efficiently if we go in the normal order of things. Thank you. Thank you, Mr. Murphy. Staff, do you have a rebuttal as well? No. Okay. That's fine. That's fine. Any commission members, do you have any comments or questions? Mr. Penn? Mr. Murphy, the other. All right. I would like to say that. Oh, Mr. Griffin? Mr. Griffin. Oh, excuse me, sir. Yeah, no, you're fine. You're fine. Okay. I finally got my picture up here. I see you there. Okay, got you. Well, I'm. Hold on one second. Hold on one second. Hold on. Okay. Okay. Mr. Penn wanted to speak first. So I just want to give him the opportunity and then we will get back to you if that's okay. I just want to make the comment to Mr. Murphy that had we seen a better rendering, I think a lot of these questions could have been answered. I think a lot of the reservations some of us may have would have been more alleviated. I'm not speaking for the postponement or for the either way. I'm just saying that to put a placeholder in for a rendering that we know is not going to look anything like that is really tough for us to try to make a final development plan decision based on what knowledge we have now. I think your process, Mr. Murphy, is right. And we know the steps and we know that that's the way it works. and that's I think it's a good rebuttal to Ms. Clark's concerns. But I would like to say to Mr. Griffin that, and I don't expect to reply to this, that anytime we're doing something, the better plan that we can see as far as visual when it's that tight, it's almost like 11 pounds of flyer in a five-pound sack. You know, you're putting an awful lot on a small piece of property. And so the more we can see, the more comfortable we can be with it. And that's just an observation. that's not a question I agree with everything you just said thank you Mr. Griffin didn't mean to cut you off there no that's alright I'm easy now we're going to do everything we can but his Clark was accurate in that that's a pretty heavy slope that I really can't change between Romney and Duke going down that parking lot. Now, that's a harsh slope. My argument is I am bringing more than I'm taking away. And that's what I do. And I've done it my entire professional life. So I am trying to find a way to navigate through all these issues. And Mr. Murphy's been excellent. to help me. But I can't build up a 16-foot wall there on Romney Road to stop the water. It just doesn't work. And so I want access from Romney. I want access from Duke. And I'm going to plant as many trees as I can squeeze in. So I'm not concerned about the environmental sort of thing, but I certainly cannot stop the water from running from Duke or from Romney to Duke. Thank you. It just doesn't happen. Thank you. Yes, sir. Yes, sir. I think Ms. Clark had her hand raised. I want to make sure we... Yeah. And Ms. Clark, we had three minutes. Ms. Clark, you've been allowed to speak. Thank you. I appreciate it. And it really is in the nature of responding to all the good and friendly and thoughtful things that the developers are offering. It's not clear to me whether you are planning to handle, have your stormwater management handle 100% of the stormwater that's at issue currently, that's in play, or whether you're just going to try to make it a little bit better. I would urge the commission to ask that you set a condition of approval that it handle 100% of the stormwater because of the flooding in the area. And the other thing I would say is that the site design can usually preclude problem solving that would involve, for example, green infrastructure. so it is important when you're deciding on the development plan whether you have the necessary the working infrastructure in place that includes trees and I do wonder whether they are engineered tree wells it sounded like they were just cutting holes in and I think there's a lot of promise in that approach and it does help to have those trees. And, you know, just to think again, this is a cherished neighborhood and it's a wonderful sort of village main street flooded with children in the afternoons. Anything you can do to preserve that front yard of Ramani to really continue to make it green and welcoming and wide and safe, I think is well worth it. I do appreciate that you did restore a pedestrian a sidewalk from duke uh that wasn't in the last plan and it made its way in i'd love to see a few bike racks too because that's how i would want to shop at the store thank you very much thank you i'll address a couple of those little points griffin mr griffin Mr. Griffin, you're okay right now. We'll let staff, if the staff wanted to address that. But I do know, Ms. Clark, about the stormwater runoff. Number one, it should cover that 100% requirement that you asked for. The urban county engineer's acceptance of drainage and storm and sanitary sewers. I think that will cover that piece. Just want to FYI you there. but we'd like to bring this back though into the commission hands here so that we can have further discussions amongst ourselves or if there's any not any more discussions motion of some sort so I'm gonna bring this back to the commission members yes miss Plumlee thank you just to clarify this is a final and this is our last run at looking at it at this point, correct? Yes. Okay. Okay. Any other comments or questions, reflections to this application? Not seeing any. The floor is open for a motion. Oh, Mr. DeMoglin. I'm ready for a motion if there's no more discussion. Yes, sir. I'm ready. I'll move for approval of PLN-MJDP 2071, Shoppers Choice Property, and it's 16 conditions. Second. Motion is seconded by Mr. Davis. Any further discussion to that motion? One other thing. I think, Mr. Chair, you may want to change discuss to resolve, I think. Or did. Which one? Which item? Mr. Wilson, all of our current conditions, there was a handout for this particular. okay okay good i'm clear okay thank you okay all right okay mr pen uh i think you know we're in one of these situations where we all can learn something i would like for uh some of the staff to tell me the definition of the word penetration if the n-e-s-t-r-a-t-i-o-n i know we're supposed to learn something every day but that's a new one for me i know announce the design of the building The articulation and fenestration allows for the building to have some character, so we don't want just a flat wall along Romney Road. Fenestration generally is what are the finishing touches of the property? What are the materials that they're going to use, whether brick or stone or something else? Thank you. You're welcome. Learn something new. Fenestration is windows. windows. Thank you, Mr. We're in layman terms. We don't want him to lose a window. Thank you, sir. I'll comment. I can't spell articulation. I'm going to be as friendly as I could possibly be. Hold on. We haven't got through the vote yet. Hold on. Hold on. I don't want to put the cart before the horse there. Okay. We had a motion in a second by Mr. Davis. All in favor, please raise your hand. Okay. Is this unanimous? Unanimous. Motion is approved. Thank you, Mr. Griffin. We appreciate your time. Thank you all very much. Thank you. Have a good holiday if I don't see you all again. We'll be demoting you now, Ms. Murphy and Mr. Griffin. Looks like next up we will be on page 7. Item B, PLN MJDP-19-77. Good afternoon, members of the commission. The plan that you see before you today is a major development plan, 1977, Winburn Estates, Unit 3. It has been brought back to you today for a continued discussion item. This plan, as you all are well aware, is an affordable housing project. And there I am. There's my it is located out on Russell K Road in this location. And here we have Ward Drive as it stubs into the property with the cul-de-sac. here's the interstate at this location and of course the overpass over the interstate on Russell Cave Road. I know you all recall this very well. You worked on this for a long time. This affordable housing project was approved by the Planning Commission. The primary reason they brought it back to you as a continued discussion is that you approved it with a specific height and that was the height allowable in the zone in the R3. Subsequently, as you all are aware, the zoning ordinance was amended and it allowed a greater height to the buildings. And this applicant is bringing this plan back to have that height approved at 45 feet. And this saved them a trip to the Board of Adjustment. In addition, those alterations to the zoning ordinance also allowed them to reduce their required parking. And they are providing 318 parking spaces, but that is actually a reduction of approximately 90 spaces. And that also opened up the site and gave us more green. They removed parking that was in this area and adjusted some parking. In addition, because of the FAR changes and that sort of thing, has also benefited this particular property, at least statistically and on the plan. It has not changed the number of units. They still are providing 202 affordable family units, and there's a mix from one to two to three bedroom units on this property. I'm sure you all are also aware that this area, as it comes through here, is an environmentally sensitive area. It is actually a designated wetlands area. And this, of course, is a dominating feature that they had to address in developing this site. So, and I might add, as you all recall, this is an emergency access, gated access to Russell Cave Road. So again, they brought it back to you primarily to have the height officially approved at 45 feet on these buildings. The other items are minor adjustments, again that have been beneficial. As we explained to you all when we were bringing those ZOTAs to you, that we really felt that our affordable housing opportunities would be greatly enhanced, and this certainly has helped this development. They changed a couple of dumpster locations as well to make them more accessible and safer. There are retaining walls. One of the reasons they also made some adjustments in this area is they discovered bigger challenges with the grading on this site relative to the environmental sensitive area. So there are actually retaining walls around both areas to help stabilize the site and protect the wetlands as well. Staff, your subdivision committee did recommend approval of this plan last week subject to the original conditions and with that i'll open up any questions you may have staff any questions for staff and mr penn has a question so tom just for our benefit help me understand how this is an affordable housing situation is it uh is it subsidized It's a rental condition upon occupancy. What makes it affordable housing? It is a legitimate affordable housing in terms of subsidizing, yes. It's a tax credit deal, and it will target specific required incomes. Thank you, sir. I just wanted to be clear on that. Yes, sir. Thank you. Not seeing any. More questions? Applicant? Mr. Howard, we're promoting you now. Mr. Howard, you've been promoted. You may start your video and unmute yourself, and you may address the planning commission. Thank you. Chris Howard with Carmen, representing the LDG. Wanted also to mention that Bruce Simpson, since his sincere apologies for not being able to be in front of you today, he had to be out of town. but um i'm here to represent ldg also ramona vasta is um available for questions she's with ldg i would just like to say you know we agree with um staff's recommendations and um would appreciate the additional um additional height what that's going to allow us to do is to raise the ceilings to nine to nine feet heights, which is more in line with kind of market rate housing right now. And that's that's the reason for the height adjustment. Thank you. Any questions for the applicant? Not seeing any. Okay. Is anyone on the zoom meeting that would like to speak for or against this particular application? Please do so by raising your hand. Not seeing any. We'll bring this back to the commission. The floor is open for a motion. Okay, Mr. Poe. I move to approve PLN and MJDP 1977. All right, thank you, Mr. Poe. We have a motion. Do we have a second? Second by Mr. DeMoglin. Any further discussions to that motion? Not seeing any. All in favor, please raise your hand. Okay. It's unanimous. Motion is approved. Thank you. Thank you all very much. Thank you. Okay. Not seeing any. Do we have any commission items to speak on? I don't think so. Staff? Mr. Chair, good afternoon, and thank you all for being efficient today. I did want to remind you all that we are off schedule again this month because of the holidays, so we will see you again in one week for the zoning hearing on December 17th. Okay. Thank you, Mr. Duncan. Thank you for letting me in, too. The building. Okay. We're hearing none. Hope everybody have a good weekend. stay safe and look forward to seeing you next week. 1.30, same bad time, same bad place. See you, everybody.