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# Planning Commission Subdivision Meeting - October 14, 2021

> Auto-transcribed civic record · October 14, 2021

- **Permalink**: https://meetings.lexingtonky.news/meeting/5450
- **Source video**: https://lfucg.granicus.com/player/clip/5450?view_id=14&redirect=true
- **Date**: 2021-10-14
- **Last revised**: October 14, 2021
- **Length**: 30,295 words
- **Speakers**: Reporter

> ⚠️ **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).

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## Meeting Overview

The Urban County Planning Commission convened on October 14, 2021, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Larry Forester presiding as the meeting officer. The commission addressed 11 agenda items during the session, taking 13 motions and votes throughout the proceedings. The meeting included 2 public comments from attendees regarding items under consideration.

The commission accomplished significant business, approving 8 of the 11 agenda items presented, including the approval of meeting minutes and several development projects such as the Fayette County Public Schools Polo Club Middle School project and multiple amendment requests (AMD) for various properties and subdivisions. Three items were postponed for future consideration: Hamburg East Section 1 Lot 2-E, LFUCG Millcreek Subdivision Unit 3 & Jonestown, and the Ramsey/Sullivan Property Lot 4.

Notable approvals included development amendments for the Waits/Moore Ltd. Partnership Property, Stonewall Shopping Center, Michler Jennings & Shelton Property, Bluegrass Aspendale (LFUC Housing Authority), Mapleleaf Subdivision Lot 3, and Greendale Hills Unit 3 (Oakdale Development). The session demonstrated active community engagement with public input on planning matters affecting Lexington and Fayette County development projects.

## Attendance

The following members were present at the October 14, 2021 meeting:

• Larry Forester
• Ivy Barksdale (arrived late)
• Headley Bell
• Zach Davis
• Anthony de Movellan
• Jan Meyer
• Robin Michler
• Bruce Nicol
• Frank Penn
• Graham Pohl
• Judy Worth

All members were in attendance, with Ivy Barksdale arriving after the meeting had begun. No members were absent from the meeting.

## Votes and Decisions

The Planning Commission took action on 13 items during the October 14, 2021 meeting, with all votes passing unanimously with 11 members present.

**Administrative Items**
The commission first approved the minutes of the May 20, 2021 Planning Commission meeting on a motion by Jan Meyer, seconded by Judy Worth [timestamp: 00:30].

**Public Facility Review**
The commission affirmed that PFR 2021-1 for Fayette County Public Schools' Polo Club Middle School is in compliance with the Comprehensive Plan. Frank Penn made the motion, seconded by Graham Pohl [timestamp: 01:30].

**Postponements**
Three items were postponed to future meetings:
- PLN-MJDP-21-00048 (Hamburg East, Sec 1, Lot 2-E) was postponed to October 28, 2021 on a motion by Frank Penn, seconded by Ivy Barksdale [timestamp: 02:30]
- PLN-MJDP-21-00039 (LFUCG, Millcreek Subdivision, Unit 3 & Jonestown) and PLN-MJDP-21-00050 (Ramsey/Sullivan Property, Lot 4) were both postponed to November 11, 2021 on motions by Anthony de Movellan, seconded by Jan Meyer [timestamps: 03:30, 04:30]

**Approved Development Plans**
The commission approved six development plans with conditions:
- PLN-FRP-19-00014 (Waits/Moore Ltd. Partnership Property) with 14 conditions and an associated waiver with Option 1 conditions [timestamps: 05:30, 06:30]
- PLN-MJDP-19-00061 (Stonewall Shopping Center) with nine conditions [timestamp: 07:30]
- PLN-MJDP-21-00032 (Michler, Jennings & Shelton Property) with 14 conditions [timestamp: 08:30]
- PLN-MJDP-21-00043 (Bluegrass Aspendale LFUC Housing Authority) with 13 conditions and an associated waiver [timestamps: 09:30, 10:30]
- PLN-MJDP-21-00044 (Mapleleaf Subdivision, Lot 3) with revised conditions [timestamp: 11:30]
- PLN-MJDP-21-00053 (Greendale Hills, Unit 3) with 15 conditions [timestamp: 12:30]

All 11 commission members voted in favor of each item: Larry Forester, Ivy Barksdale, Headley Bell, Zach Davis, Anthony de Movellan, Jan Meyer, Robin Michler, Bruce Nicol, Frank Penn, Graham Pohl, and Judy Worth.

## Public Comment

Two residents addressed the board during the public comment period, raising concerns about local development projects.

**Billie Mallory** spoke at [timestamp: 13:30] regarding public engagement for development projects. Mallory expressed disappointment over the lack of community involvement in the development planned for Shropshire Avenue. She emphasized the importance of ensuring residents have meaningful opportunities to participate in planning decisions that affect their neighborhoods.

**James Baker** addressed the board at [timestamp: 14:30] to voice his opposition to the Greendale Hills development project. Baker raised several specific concerns about the proposed development, including:

• Issues related to affordable housing provisions
• Potential impacts on surrounding property values
• The need for proper fencing between the development and existing properties

Both speakers highlighted ongoing community concerns about development processes and the importance of resident input in planning decisions affecting their neighborhoods.

## Contested Items

Two development-related issues drew community opposition during the October 14, 2021 meeting.

**Greendale Hills Development Opposition**

James Baker voiced strong opposition to the proposed Greendale Hills development project. Baker raised multiple concerns about the project's impact on the surrounding community, specifically citing issues related to affordable housing provisions, potential effects on local property values, and infrastructure needs. He emphasized the necessity of installing a fence between the new development and existing properties to address boundary and privacy concerns for current residents. The specific outcome of Baker's objections was not detailed in the available meeting materials.

**Shropshire Avenue Development - Public Engagement Concerns**

Billie Mallory expressed significant disappointment regarding the lack of adequate public engagement for a development project planned for Shropshire Avenue. Mallory criticized the planning process, arguing that community members had insufficient opportunity to participate in or provide input on decisions that would directly affect their neighborhood. She stressed the importance of meaningful community involvement in planning decisions, particularly for developments that impact existing residential areas. Mallory's comments highlighted broader concerns about transparency and public participation in the municipal development approval process.

Both contested items reflected ongoing tensions between development interests and community concerns about growth management, with residents seeking greater voice in planning decisions that affect their neighborhoods. The meeting materials did not specify the final disposition of either issue or any formal responses from municipal officials to the raised concerns.

## Approval of Minutes

[timestamp: 00:30]

The commission reviewed minutes from previous meetings during this agenda item. Jan Meyer and Judy Worth were the key speakers in the discussion.

The commission focused on approving the minutes from the May 20, 2021, meeting. After discussion, these minutes were successfully approved by the commission.

However, the commission postponed approval of minutes from two other recent meetings - the July 8, 2021, meeting and the September 9, 2021, meeting. The specific reasons for postponing approval of these minutes were not detailed in the available information.

The outcome for this agenda item was mixed, with the May 20 minutes receiving approval while the July 8 and September 9 minutes were deferred to a future meeting for consideration.

## Fayette County Public Schools – Polo Club Middle School

[timestamp: 01:30]

The commission considered Resolution PFR 2021-1 regarding the construction of a new middle school at Polo Club Boulevard by Fayette County Public Schools. The item focused on determining whether the proposed school construction complies with the county's Comprehensive Plan.

Key speakers during the discussion included Frank Penn and Graham Pohl, who presented information about the project and its alignment with planning requirements.

The commission reviewed the proposed middle school development to ensure it meets the standards and guidelines established in the Comprehensive Plan. This type of review is standard procedure for public school construction projects to verify they are consistent with the county's long-term planning objectives and zoning requirements.

Following discussion and review of the project details, the commission affirmed that the construction of the new middle school at Polo Club Boulevard is in compliance with the Comprehensive Plan. The resolution was approved, allowing the school construction project to move forward in accordance with county planning requirements.

The approval represents the commission's formal determination that the Fayette County Public Schools project meets all necessary planning and zoning standards for the proposed location on Polo Club Boulevard.

## Hamburg East, Sec 1, Lot 2-E (AMD)

[timestamp: 02:30]

The commission addressed agenda item PLN-MJDP-21-00048 regarding the Hamburg East, Section 1, Lot 2-E development plan amendment. The discussion was brief and focused on procedural matters rather than the substantive details of the development proposal.

Frank Penn and Ivy Barksdale were the key speakers during this agenda item. The primary issue discussed was a procedural problem related to required signage for the development project. The commission determined that proper notification procedures had not been completed due to these signage issues.

Rather than proceeding with a full review of the Hamburg East development plan amendment, the commission decided to postpone consideration of the item. This postponement was necessary to allow time for the applicant to address the signage requirements and ensure proper public notification procedures were followed.

The decision to postpone reflects the commission's commitment to following established procedural requirements for development applications. No substantive discussion of the development plan's merits, design elements, or potential community impacts took place during this meeting.

The Hamburg East development amendment will need to be rescheduled for a future commission meeting once the signage and notification issues have been properly resolved.

## LFUCG, Millcreek Subdivision, Unit 3 & Jonestown

[timestamp: 03:30]

The commission addressed agenda item PLN-MJDP-21-00039 regarding the Millcreek Subdivision, Unit 3 & Jonestown development plan. Key speakers during the discussion included Anthony de Movellan and Jan Meyer.

The primary focus of the discussion centered on outstanding issues that required resolution before the development plan could proceed. The commission determined that these unresolved matters necessitated postponing consideration of the Millcreek Subdivision proposal.

The outcome of the discussion was a postponement of the agenda item to allow time for addressing the identified concerns and issues related to the development plan.

## Ramsey/Sullivan Property, Lot 4 (AMD)

[timestamp: 04:30]

The commission discussed agenda item PLN-MJDP-21-00050 regarding the Ramsey/Sullivan Property, Lot 4 development plan. Key speakers during this discussion included Anthony de Movellan and Jan Meyer.

The primary focus of the discussion centered on the postponement of this development proposal. The commission determined that there were outstanding issues that needed to be addressed before the project could move forward for consideration.

The outcome of this agenda item was a postponement, allowing time for the identified concerns to be resolved before bringing the Ramsey/Sullivan Property development plan back before the commission for further review and potential approval.

## Waits/Moore Ltd. Partnership Property (AMD)

[timestamp: 05:30]

The commission reviewed application PLN-FRP-19-00014 for the Waits/Moore Ltd. Partnership Property, which involved a subdivision proposal to divide one existing lot into two separate lots.

Key speakers during the discussion included Jan Meyer and Zach Davis, who presented details about the subdivision request and addressed commission questions regarding the development proposal.

The application required consideration of public improvement requirements, with the commission ultimately granting a waiver for certain public improvements as part of their approval. The specific conditions and nature of the waiver were discussed as part of the commission's deliberation process.

Following their review and discussion of the subdivision proposal, the commission voted to approve the Waits/Moore Ltd. Partnership Property subdivision. The approval was granted subject to specific conditions, allowing the property owner to proceed with dividing the single lot into two developable parcels.

The approval of this subdivision application represents the commission's determination that the proposed lot division meets applicable zoning and development standards, with appropriate accommodations made through the public improvement waiver to facilitate the project's completion.

## Stonewall Shopping Center (AMD)

[timestamp: 07:30]

The commission reviewed agenda item PLN-MJDP-19-00061, the Stonewall Shopping Center (AMD) development plan reapproval. This item was presented as a discussion matter regarding the reapproval of a previously approved shopping center development.

Key speakers during the discussion included Jan Meyer and Ivy Barksdale, who provided information and addressed questions about the development plan amendment.

The commission ultimately approved the reapproval of the Stonewall Shopping Center development plan, subject to conditions. The specific conditions and details of the development plan amendment were not detailed in the available materials, but the approval indicates the commission found the proposal met the necessary requirements for reapproval.

The outcome was an approval with conditions attached to ensure compliance with applicable development standards and requirements.

## Michler, Jennings & Shelton Property (AMD)

[timestamp: 08:30]

The commission reviewed application PLN-MJDP-21-00032 for the Michler, Jennings & Shelton Property amendment, which proposed redevelopment of the site with a multi-tenant building.

Key speakers during the discussion included Frank Penn and Headley Bell, who presented details about the proposed redevelopment plans. The application involved modifications to allow for a multi-tenant commercial structure on the property.

The commission evaluated the proposal and determined that the redevelopment plans were appropriate for the site. Following their review and discussion of the application materials, the commission voted to approve the Michler, Jennings & Shelton Property amendment.

The approval was granted subject to conditions, though the specific conditions were not detailed in the available materials. The multi-tenant building redevelopment can now proceed under the approved amendment terms.

## Bluegrass Aspendale (LFUC Housing Authority) (AMD)

[timestamp: 09:30]

The commission reviewed and discussed development plan PLN-MJDP-21-00043 for Bluegrass Aspendale, a project by the LFUC Housing Authority. The development proposal included plans for single-family residential lots and a child development center.

Key speakers during the discussion included Frank Penn and Ivy Barksdale, who presented details about the project and addressed commission questions. The development plan underwent review as an amendment (AMD) to previously approved plans.

The commission evaluated various aspects of the proposed development, including the layout of single-family lots and the integration of the child development center within the overall project design. Discussion covered compliance with zoning requirements, infrastructure considerations, and community impact factors.

Following deliberation, the commission approved the Bluegrass Aspendale development plan. The approval was granted subject to specific conditions that were outlined during the meeting proceedings. These conditions ensure the project meets municipal standards and addresses any concerns raised during the review process.

The approval allows the LFUC Housing Authority to proceed with the development of the single-family residential component and the child development center as presented in the amended plans. The project represents a mixed-use approach combining residential housing with community services through the inclusion of the childcare facility.

## Mapleleaf Subdivision, Lot 3 (AMD)

[timestamp: 11:30]

The commission reviewed application PLN-MJDP-21-00044 for an amendment to the Mapleleaf Subdivision, Lot 3 development plan. The proposed amendment sought to increase the building square footage and revise the parking layout from the previously approved design.

Key speakers during the discussion included Jan Meyer and Zach Davis, who presented details about the modifications to the original development plan. The amendment addressed changes to the building footprint that would expand the overall square footage of the proposed structure on Lot 3.

The revised parking layout was a significant component of the amendment, requiring adjustments to accommodate the increased building size while maintaining compliance with local parking requirements and site development standards.

Following discussion of the proposal, the commission voted to approve the amendment. The approval was granted subject to specific conditions, though the exact nature of these conditions was not detailed in the available materials.

The approval allows the developer to proceed with the modified building design and parking configuration for Lot 3 of the Mapleleaf Subdivision, representing a change from the original development parameters that were previously established for this property.

## Greendale Hills, Unit 3 (Oakdale Development)

[timestamp: 12:30]

The commission reviewed and discussed development plan PLN-MJDP-21-00053 for Greendale Hills, Unit 3, also known as the Oakdale Development. The proposal includes construction of a community center and 144 dwelling units.

Key speakers during the discussion included Jan Meyer and Zach Davis, who presented details of the development plan to the commission. The speakers addressed various aspects of the project, including the proposed residential units and community amenities.

Following the presentation and commission discussion, the development plan was approved subject to conditions. The approval allows the Oakdale Development to proceed with the construction of the community center and residential units as outlined in the application.

The commission's decision on PLN-MJDP-21-00053 represents approval of a significant residential development that will add 144 new dwelling units to the Greendale Hills area, along with community facilities to serve residents.

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## Decisions

- **Motion** — passed (11-0): Approval of the minutes of the May 20, 2021, Planning Commission meeting
- **PFR 2021-1** — passed (11-0): Affirm that PFR 2021-1: FAYETTE COUNTY PUBLIC SCHOOLS – POLO CLUB MIDDLE SCHOOL is in compliance with the Comprehensive Plan
- **PLN-MJDP-21-00048** — postponed (11-0): Postpone HAMBURG EAST, SEC 1, LOT 2-E (AMD) to the October 28, 2021, Planning Commission meeting
- **PLN-MJDP-21-00039** — postponed (11-0): Postpone LFUCG, MILLCREEK SUBDIVISION, UNIT 3 & JONESTOWN to the November 11, 2021, Planning Commission meeting
- **PLN-MJDP-21-00050** — postponed (11-0): Postpone RAMSEY/SULLIVAN PROPERTY, LOT 4 (AMD) to the November 11, 2021, Planning Commission meeting
- **PLN-FRP-19-00014** — passed (11-0): Approve WAITS/MOORE LTD. PARTNERSHIP PROPERTY (AMD) subject to conditions
- **Motion** — passed (11-0): Approve waiver for WAITS/MOORE LTD. PARTNERSHIP PROPERTY (AMD) with conditions
- **PLN-MJDP-19-00061** — passed (11-0): Approve STONEWALL SHOPPING CENTER (AMD) subject to conditions
- **PLN-MJDP-21-00032** — passed (11-0): Approve MICHLER, JENNINGS & SHELTON PROPERTY (AMD) subject to conditions
- **PLN-MJDP-21-00043** — passed (11-0): Approve BLUEGRASS ASPENDALE (LFUC HOUSING AUTHORITY) (AMD) subject to conditions
- **Motion** — passed (11-0): Approve waiver for BLUEGRASS ASPENDALE (LFUC HOUSING AUTHORITY) (AMD)
- **PLN-MJDP-21-00044** — passed (11-0): Approve MAPLELEAF SUBDIVISION, LOT 3 (AMD) subject to conditions
- **PLN-MJDP-21-00053** — passed (11-0): Approve GREENDALE HILLS, UNIT 3 (OAKDALE DEVELOPMENT) subject to conditions

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## Full transcript

You know, I have said this before, and it really was not all as tough as you might think it would be during a pandemic. I mean, we were limited in personal calls, but it seemed to that it really kind of helped. I think people were isolated. They gave more thought to what we were asking about. And we have a very generous community. We do. And we had over 470 donors. but we also had some major contributors that really made up 80% of the campaign. But what's important is we have 480-plus donors. Everybody is vested. You know what I'm saying? From $5 to $50,000, which was our largest donation. It's a feeling of community unity to get behind a cause that folks believed in. So it wasn't like easy, easy, but it was easier than I thought, and we were able to raise over $600,000 in less than three years. Well, I think we were very, very careful in making sure that it was very inclusive. We didn't pick one particular woman to focus on because there were so many women that were involved in this fight, and we felt like it was more inclusive, and we just picked kind of women in general to show that everyone was involved. And it makes a difference for all women, not just some particular women. Because a lot of the suffragists were, they were, you know, white suffragists. And so we wanted to make sure that we just didn't focus on one particular group, but all groups, all groups of women. And I was going to add that when we first put out what we call our request for information, that we received over 120 folks that responded to this. I mean artists across the country. And so then we narrowed it down. We didn't. We had an independent panel of art related folks, experts, and they chose five. We had all the five artists come in and then we chose, or they chose I should say, this one. But I mean that just speaks to the interest in celebrating women and their accomplishments across our country. Barbara Greigoudis from Tucson, Arizona. I'd get rid of COVID. That's a good point. That would be a great time. No, I think it went pretty smoothly, considering that we did deal with COVID. But there was such interest in the project and such support that I think We were very, very fortunate to have that kind of support, and we had a great committee that supported us. People throughout the community, we had artists, we had teachers, we had educators, we had people involved in the community in different ways that supported us. We weren't turned away at all when we talked about this project and what it did for Lexington. It actually put us on the map. I really think so. A lot of cities, they postponed their activity. So we were one of the few in the country that actually got done with our project and also celebrated our project. We made the deadline. We made our deadline. Yeah, that was great. Well, I think every time I drive down Vine Street and I look up, I think that's a great takeaway. Because you're reminded not just of our campaign and the efforts that went into it, but you're reminded about women, the strength of women, the determination. and what these women did 100 years ago to secure a vote. And that was a big deal. I mean, some of them went to jail. Yeah, some of them were beaten. I mean, it's crazy what they went through just to be able to have a voice about where our country was going and why it was going that way. I think it was a great inspiration for young girls and young boys to know that over 52% of our population has a meaning in the community and in the country. Voting is an essential right and I think everyone needs to understand that that is so important and to exercise that right and to protect that right. So I feel like that is a great accomplishment if we can become, make people aware of what this is about and how important it is to us as a country to continue to follow that path and go forward with our voting rights. Inspirational. That was my word as well. But I would say inspiration. Satisfaction. Satisfaction that we could get this done. And not we and Jennifer and I, but a community could accomplish this during a time of a lot of challenges. And the community was focused on getting this done. So, a satisfaction. And inspirational because voting rights, they're under siege right now. There's many states that are promoting laws to deter people from voting, make it harder for people to vote. And this is a great statue of symbol saying that, look what these women did. And Kathy said 100 years ago, they fought, they were jailed, they starved. To get this right, so exercise this right, protect this right, and respect this right. respect this right. That's very, very important. I think overwhelmingly very positive. I think the biggest thing is they don't realize how tall it is. It's almost 25 feet tall and its illumination at night is very beautiful. So I think that's just so star striking that it makes such an impact. A very very positive feedback. One of the things that I would like to see, and you know, Jennifer and I, you know, gave a lot of time to this, but we'd love to hand the baton to someone take an educational component to this and to get more of our children engaged in historical feats, historical feats that have accomplished. So I'd like to see that happen. And we even talked about perhaps a scholarship to a young woman for college. And that would be a cool legacy to say that we put this up, but it lives on, supporting women and their vision and their goals and accomplishments. Thank you. I'm Councilman James Brown. Thanks for joining me today for another Council Comment. Today we're out at the Division of Water Quality with Manager Jimmy Ross, who is with Sewer Line Maintenance. So we're going to talk about some of our unsung heroes in the city that wake up every day to show up to do their job and provide services for the residents of Lexington. Thanks for joining me, Jimmy. Thank you for having me. Hey, can you kind of orientate us with the division, the department, and what you guys do on a regular basis and how that process works? Yes. Division of Water Quality has several groups. The department that I'm over, sewer line maintenance. What we do every day, the men and women get up and we get calls from the citizens and business owners in the city. They call us about sewer problems that we go out and investigate. If we find something that needs to be addressed, we mark it for repair. We also alert the citizens to problems that they need to fix. And at the end of the day, we go back and we do site restorations. We put the driveway, sidewalks, grass, yard back, whatever we tear up to make the repair. One of the things that kind of I found was interesting about what you all do, it's almost like y'all are a self-contained unit. Y'all receive the calls, y'all go out and investigate, you do the work, and then you also do the restoration, where in some other departments, you know, they have a job specific and not all-encompassing of what is required to get it done, but it seems like y'all do it all. You're absolutely correct. That's one of the great things about working here. The men and women here take pride in the work that they do. We've got several crews that I mentioned, but it all starts with our call center. We're located at 951 Enterprise Drive. We have three ladies that take the phone calls, and they call those calls out to our call crew. Now, I hate to cut you off. Is the process the same for residential calls and commercial calls? Yes. I mean, does it just play out the same? Yes. We always go out and investigate because of the city's main line. We don't know if the city's main line is a problem, so we investigate each call. Okay. Okay. So please continue. My bad. I didn't mean to jump in there. We get the call from the citizen of business, and the admin staff calls the call out to our call crew. Our call crew goes out to the address. They called it in, and they're looking for two things. They're looking for the city's main line, and they're looking to see if that individual has a clean out. If they have a clean out and the clean out is holding water, the crews would ride the clean out with our riding machine and remove whatever debris is in the line to open it up. If the car crew feels the need that further investigation is needed, they'll call our camera crew out. Okay. Our camera crew does the same thing. They will look for a clean out of the city's main line to identify where the problem is. Now, that's the little camera that goes through the pipe. It's like a little robot camera going through there. Yeah, it goes through the pipe. It's pretty cool when you actually take time to watch it work. We also have TVs in the back of the truck. Okay. So those TVs show us and the homeowner, if they want to be present, or the business owner, what exactly we see inside the pipe. So there's no mystery to what we see in the pipe. Once the TV crew has identified the problem, they'll come back out and they'll mark with the sonar head that's on top of the camera. They'll walk up to it and it starts to hum. It's pretty cool when you look at it. It starts to hum and they'll narrow it down to exactly where it is. They'll put an X there to let us know there's the problem. Okay. And then what happens then? So after they mark it, the vector crew can come through and clean the line, make sure the line is clean, try to remove the debris. If they're unsuccessful in removing whatever's causing the problem, we have to dig it up. We call it X marks the spot. Hey, the only thing is you're not going to dig up a treasure. No, we're not digging up a treasure. Well, whoever will open up the line for us a treasure, but they can flush the toilets. But once we dig up and fix the pipe, the TV crew also marks how deep it is for us. Okay. So sometimes it may be 5 feet, sometimes it may be 11 feet, sometimes it may be 12 feet. It just depends on how deep the city's main is. Oh, good grief. That sounds like hard work. That is. And so, and then I know you touched on this earlier. So once y'all do all that, your crew is also tasked with restoring the site back to its original. And sometimes that's replacing dirt and laying outside, and sometimes that's laying asphalt or concrete. Yes, yes. It depends on the area of work. Driveways, if the city's main is running under the driveway, we have to take our panels, the driveway panels, or maybe replace the whole driveway to fix the city's main line. If it's in the street, we'll do a street cut, put the road back to how it was, or sidewalks, we'll take those up as well. Okay, okay. Yeah, I'll tell you what, that sounds like a pretty intense process, but I know I've heard from and I know personally that people are excited when they see you arrive. And then when you get the line cleaned out and the site restored. Now, that's a serious piece of equipment behind me. What's the price tag on that, Joker? $300,000 to $400,000. It's one of the most valuable pieces of equipment that we have. This truck helps us in terms of if you have a manhole that's overflowing, and those manholes are those signs, those metal plates that you see on the road that has sanitary sewer on them. If you ever see one of those manholes overflowing, please call us. 311. We'll come out and service it. But if you see one of those manholes overflowing, this truck actually allows us to unstop that line and remove whatever the blockage is. That's important because it could cause the entire neighborhood, business, street to back up with sewage. So what was the nickname that you had for this truck? You said when y'all pull up and show up to address the job, you said people call it what? The Vactors. The Vactor truck. I thought you said they called it Neighborhood Savers. Oh, well, they got several names for neighborhood savers. We call it the Vector, Super Unstopper, all of those types of things. Hey, now let me ask you this, just because this is probably where most people kind of, I guess, the rub or the interaction with the public in sewer line maintenance. So it's the city's responsibility to address it and take care of the issue if it's where, and then where does it become the resident's responsibility to address the blockage? Right, right. It all depends on the city's main line. If the city's main line is in the street, the city takes ownership on the backside of the sidewalk. If the city is running perhaps maybe through a yard in the neighborhood, the city's responsibility is five foot off the main. Okay. I know we get a lot of calls about issues that come up with that, But, you know, I think the thing that I share with constituents when they call is that the city has to be consistent. Right. We can't, you know, do for one resident and then not do for the other. So I think that's where a lot of the rub is. But, you know, at the end of the day, I think people are pretty understanding and appreciative of the services that y'all provide. Yes. And take responsibility for what's theirs and what's the city's. Right. But tell me a little bit about so. So the last year and a half, last two years have kind of been a whirlwind of things with the pandemic and what's been going on. What changed for your department when the pandemic hit? You know, there were some people that stayed at home, you know, for social distancing reasons. How did how were y'all impacted when that when that happened? Yeah, my group, you know, I get kind of emotional when I'm talking about these, the men and women here because they came to work every day. Because of the line of work that we do, we couldn't do the work from home. We couldn't service a line or unstop a city's main from home. So the dedicated men and women of sewer line maintenance came to work. One of the biggest changes that we had is that our interactions with citizens, because we deal directly with them, sometimes it puts us and them in a bad position. But one of the biggest things that came from this that helped us out is we didn't have to go inside of your house now to unstop your line if you had to clean out in your basement or garage. That limited COVID exposure for us and the citizens. I'm glad to hear that your folks have continued to do their job day in and day out, that policies have changed to make it safer for everyone going forward. there's been a lot of conversation about heroes pay. Yes. And I know some folks don't, you know, don't like to use that term because I think that a lot of people first think about our public safety partners, which, you know, have shown up to work and done their job as well. But there are several divisions in the city that are classified as essential workers and that I think are interested in seeing what we're going to do to make sure that they get compensated or address the issues in regards to being exposed and being at work and being exposed to the virus and the pandemic of currently. I was going to say last year, but we're still not out of it. Right. So, so, so I know that's on the horizon. Any, any, any other thing that, that you want to share with us about, about your division and the folks that, that work there? Yeah, I forgot to mention also that, you know, we have a, during the winter months, we also participate along with streets roads and snow removal. If you use Richmond Road, Main Street, and Leastown Road to Devath City, we do everything on the north side. We do snow removal in the winter and then also upcoming fall we have a storm crew that cleans out the curb inlets. Okay. A lot of times, especially in the next couple of months where the leaves start to fall, rain, those curb inlets stop up, we'll come out, vacuum hose out. It's a great place to work, a great place to learn multiple trades, concrete work, blacktop work, pipe work, TV work, and we're busy 24-7. So what you just shared with us is that y'all support streets and roads and some of our other divisions in city government. Y'all not only do your job, but y'all also are tasked with supporting some of the other divisions that we have as well. And I'm glad you had touched on the sewer line, not sewer line, but the storm system clean out. Yes. You know, when you say sewer line maintenance, I think people's minds go straight to toilets and sinks, but there's also a responsibility to make sure that we keep those storm sewer inlets clean and things flowing nicely. Right, right. It's very important. A lot of times you see people pouring glass, grass clippings down those. We also see people pouring oil and whatnot down there because it's, I guess it's convenient for people right outside the house to dump unwanted things down. But it's also dangerous because those things lead to waterways. So we want to make sure that we keep our curb in that's clean, debris, and also use them as they were designed, which is to collect rainwater. Yeah, I'll tell you what, today was very educational. I didn't realize, I know there's storm sewers, but I didn't even factor in that they lead to other water sources like streams and creeks and rivers. So that's interesting to know. You know, on behalf of myself, and I'll say my mama too, because my mama's got a, she had a big tree in her yard, and it was giving her the blues for years until we got that addressed. But on behalf of everyone, we appreciate all you do, you and your team and the folks in your department and the services that you provide for the residents of our city. Thank you. The men and women of sewer line maintenance, appreciate you taking the time to come out and see what we do. Okay. All right. Thank you, Jim. Thank you. Hi, I'm Amanda Mays Bledsoe, and I'm the City Council person for the 10th District. Today I'm joining you from Southland Park. This is a really special park. In fact, it's one of the community parks in the 10th District. It's home to a lot of schools, a lot of kids come and play here. In fact, Southland Pool was the pool that I grew up going to the swim team on and visiting all the time. We're so thankful for the impact that Southland Park has been for this neighborhood, and we're excited to bring you some updates. But first of all, I want to take a moment and update you on Clothes Mill Road. I am so pleased with the progress this summer. As you well know, we made a risky decision to close the road during the summer break. Our hope was to make sure that the project was completed and the road was back open before school started and we met that goal. Now we know we're not finished. There's still some finishing work to do. Some of the grass needs to grow a little bit. We have some work to do a little bit on the water quality, but that's okay. The road is open and we're really pleased. I want to give a special shout out to Director Doug Burton and the team at the City of Lexington, as well as ATS, who worked tireless hours to make sure we got the kids ready to walk across those roads during school just in time. You can see more about the project at the site below. And now we're going to turn our attention to Waco Drive to Pasadena. In fact, we hope to have Waco to Pasadena done by the end of this year, the end of 2021. And then we'll turn our sights north and move from Stratford downtown. Thank you so much for listening to a little bit about Clay's Mill Road. One of my priorities as your council member has been infrastructure. In fact, as you well know, flooding in this area has been going on for a very, very long time. And the impact and the improvements that needed are not easy. In fact, they take a massive amount of infrastructure development, some road tearing up, and some big pipes being installed. And it's taken us several years to get this to a place where we can move forward. forward. And I'm very pleased that we're close. In fact, we're closer than we've ever been. The good news is that we will have some big improvement here at Southland Park. We'll actually improve the water in the retention basin, so the water that we're trying to move off the streets and roads in many of your backyards will actually end up here, which is really exciting. And those plans have been in the works for a long time. We've finally hit the 90% mark, and you can look on the site below and you can see those plans all the way through. The benefit is that we'll have the water off the roads and we'll have some water quality improvement in the area. The good news is by expanding the water basin here we're actually going to make some impact in the park. As you know this playground has been here for a long time and it's wonderful. There's lots of room to play and the kids will enjoy being here. So we are getting ready to do some work. In fact we're going to move it and I know that's going to be a little bit of an interruption. I'm glad we got to use this summer actually playing on the park and it'll probably take us between six to eight weeks depending on the weather to move the park from here to here. So joining me today in this project is Director Monica Conrad, who's Director of Parks and Recreation here at the city, who's been really instrumental in making sure that we do this project very well. That we're spending tax dollars wisely and we're making the needed improvements to this park so we can enjoy it for years and years to come. So Director, thank you for joining me. Thank you. One of the things we've talked about is what's coming here. So why don't you give me a little bit of a timeline on what's going to change and how fast we're going to change. Absolutely. Thank you, Councilmember Bledsoe, for these improvements to the park. So important to our community and your support of our parks is always so appreciated. So we're going to see some big changes. The playground that is behind us will now be the water quality detention basin. So the playground itself will be moving here to the basketball court, which is going to be awesome. It's going to have a new nature play seesaw, a safari jeep, that all tie into really the conservation that we're trying to do here with this basin. The basketball court will be actually moving to the other side of the pool. So we'll be removing a dumpster enclosure there, putting the new basketball half court there, which will give great line of sight to Hillendale. It'll improve the safety of this area as well. We're also going to do some new improvements on the shelter. adding an art installation that our friends of Wolf Run as well as the Southland Park Neighborhood Association have helped us create a great kind of wetlands, natural element art display. It's going to be one of our first in a neighborhood park, and we're so excited it'll be here at Southland. It is going to be very cool. These are those opportunities that you get once you start to do some improvement. You look for where else can we capitalize and bring new partners in, And I think this has been a great illustration of how a water quality project has turned into really an entire community project. We're going to have streets and roads improvements. We're going to have water quality. We're going to have really a big improvement here. And then we're also going to have a whole new park that will be based around that theme. Now, the tennis courts are all staying open during this time? That's right. The tennis courts will remain open, the basketball court and the playground. As soon as we start demolition, which should start hopefully in the next week or two, will take about a week to do the demolishing. So while that's happening, the playground and the basketball court will not be available. We certainly encourage folks to use those parks that are closer to us. But, you know, six to eight weeks after that demolition, we should see a brand new playground, basketball court, this art installation, just really great improvements to the park. Just in time for the fall, right? When it finally is cool enough to play outside some more. That's right. Now, I know we've talked a lot with our neighbors about how to improve this park over the years. There's been some times where safety has been something we've talked about, especially this pavilion, this area right here. It's kind of insulated, which is great for kids. But sometimes after dark can be one of those situations that having more eyes on it will be better. And so moving the basketball court to the pole was an intentional move on our behalf and I think will be really nice for the neighborhood and for others who want to play. It will be easier for the pool too. You'll be able to see, do multiple things at one time, which will be really nice. We're keeping the softball field here, which will stay the same. I'm really excited about this improvement. We've been talking about getting this basketball court redone for a long time. It's going to be a fantastic improvement. Thank you. 1 30 october 14 2021. so welcome everyone to the urban county planning commission subdivision meeting and first up we have approval of minutes these minutes are were in your packet some were emailed out as well this will be for the may 20th minutes uh the floor is open for a motion for approval mr chair i'm sorry i didn't have time to review the july 8th and september 9th meetings i didn't get them until this morning and so i'd like to delay approval of those minutes until our next hearing. Okay. The motion will be revised to accept the May 20th, 2021 minutes. So I move that we approve the May 20, 21 minutes. Okay. We have a motion on the floor. We have a second. Second by Ms. Wirth. Any further discussion to that motion? Okay. Please vote via Granicus. No. There we go. Okay, motion. Just to be sure, we're approving only the May 20th minutes. That's correct. Only the May 20, 21 minutes. July 8th and September 9th minutes are not included in that motion. Okay, all right, thank you. All right, we're going to skip a little bit in the agenda today. Hold on now. I mean, you guys, y'all don't know your names? No, it's fine. So we're going to move a little further in the agenda. I try to expedite this. We have a number of folks here. We don't want to have them waiting. So first up, we're going to go to page 7 of the agenda and get on agenda item C, performance bonds and letter of credit. I would like to take a motion for that approval. Mr. Chairman, I move for approval of the performance bonds and letters of credit presented by staff. We have a motion. Do we have a second? Okay. Thank you. Thank you. Next up, we would like to go to page eight. the planning members are in favor of this. I would like to go over the commission items first before we get to the lengthy agenda. And first up on the commission item is the resolution for former planning commission members. I think that it's definitely imperative that we give recognition to those individuals that gave their time and their service and dedication to the city of Lexington. These four individuals were here when I was here. I learned a lot from each of them. very, very well put together, folks. So we have Mr. Patrick Brewer, Ms. Karen Mundy, Mr. Mike Owens, and Ms. Karen Plumlee. If you would, I have a few things to offer to you here, but as a commission, we would like to come up front, make sure we take a picture with them, but also I want to thank the families for allowing them the time that's spent because I know it was a stressful time sometimes. I know when Mike was chair, He was able to teach me a lot, but we were here sometimes at 7 o'clock at night. Karen, just as well. Carolyn, Patrick. I mean, this is definitely a good job for the community, but it's also, I guess some folks would call it a thankless job. But if I can do anything to help with that, I want to thank you for just helping me out in this position. And also, I know other planning members can speak the same. So we want to say thank you. We really appreciate the time that you've given to Lexington. It's been a blessing to have you and be willing to come back. I was told to say this, Mr. Owens, that Mr. Penn is going to leave at 4 o'clock, and if you would take his place when he leaves. So we want to make sure we put that on record, that you either say yes or no, but we need an answer when you come up. But if you would, though, we would like to come up front and want to hand out these. Nice documents here and Frank I'm going to give you the honor if you would like to read off of them. Do you want the commission to stay here? No, we can go down. Yes sir. Let's just all come back. I guess if we're going to take a picture, I'll look. Do you want to present those and I'll read them? Yeah, we got them. being over here. All right. So first up we have Karen Mundy. Thank you, sir. No, thank you. I told your husband I was going to hug you too easy. Larry always is for a hug when I came in. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold on. Hold Commission to her. And where is Miss Monday has been influential in the formation of several small area plans and studies. Notably the Armstrong mill West Area plan, the Cardinal Valley small area plan, the windburn small area plan, the Oxford Circle redevelopment plan, Roland management plan, multiple text amendments to the zoning ordinance and subdivision regulations. Most notably the recreation and tourism text amendment and the formation and adoption of the 2013 comprehensive plan and the formation and adoption of the imagine election to the 2018 comprehensive plan including the place builder and whereas miss Monday has consistently shown a deep concern for the citizens of Lexington Fayette County as reflected in her decision regarding land use and development and where is the members of this Commission the staff feel that the service and guidance contributed by miss Monday will be greatly missed by this body. Now therefore be it resolved we the members of the Commission along with the staff to hereby express our gratitude to Ms. Mundy for her service to this Commission and to the citizens of Lexington and we the Lexington Fayette County Urban Planning Commission and staff to hereby wish for Ms. Mundy much happiness and continued success and ask that she continue to give valuable guidance to the members of the Commission. Be it thus so revolved that the copy of this resolution be presented to Ms. Mundy and and also spread on the books of the minutes of this body signed by the current claiming commission okay next up we got uh l michael owens Mike. Well, I'm tempted to ad-lib this one. Go ahead. L. Michael Owens. I don't think I've ever called him L. Michael in my life. Whereas we, the members of the Lexington Fayette County Urban Planning Commission and the staff acknowledge the fulfillment of the term of office for Mike Owens from the Planning Commission, and whereas we wish to take this opportunity to recognize Mr. Owens for his valuable service to the Board of Adjustment from June 30th, 206 to July 30th, 208, and this commission from August 14th, 208 to June 30th, 2020. Having served on the commission subdivision and also having served as chair of the commission by enhanced voters of his peers, and whereas Mr. Owens has been influential in the formation of several small area plans and studies, noticeably the Armstrong Mill West Small Area Plan, the Cardinal Valley Small Area Plan, and the Winburn Small Area Plan, the Red Mile Development Plan, the Oxford Circle Redevelopment Feasibility Study, and the Fayette Housing Demand Study, and the 2017 updated the Rural Land Management Plan, multiple tax amendments to the zoning ordinance and subdivision regulations, most notably the Recreation and Tourism Tax Amendment, and the formation and adoption of the 2013 comprehensive plan and the formation adoption of the imagined election 2018 comprehensive plan including place builder. Whereas Mr. Owens has consistently shown a deep concern for the citizens of Fayette County as reflecting his decision regarding land use and development. Whereas the members of this commission, the staff feel that the service and guidance contributed Mr. Owens will be greatly missed by this body. Now therefore be it resolved we the members of the commission along with the staff to hereby express our gratitude to Mr. Owens for his service to the commission and to the citizens of Lexington Fayette County. We the Lexington Fayette Urban County Planning Commission and the staff to hereby wish for Mr. Owens much happiness and continued success and that he continue to give valuable guidance to members of this commission. Be it further resolved that a copy of this resolution be presented to Mr. Owens and also spread upon a minute book of this body. Congratulations. Thank you, Mike. Okay, next up, Carolyn. I can't believe I'm doing this. Carolyn Plumlee. We the members of the Lexington Fiat County Urban County Planning Commission and staff acknowledge the fulfillment of the term of office of Carolyn Plumlee from the Planning Commission and whereas we wish to take this opportunity to recognize Ms. Plumlee for her valuable service to this commission from July the 2nd, 2013 to June the 30th, 2021. served on this commission subdivision and zoning committees and also having served as secretary of the commission whereas miss plum has been influential in the formation of several small area plans and studies notably the armstrong mill west small area plan the cardinal valley small area plan the windburn small area plan and the oxford circle redevelopment feasibility study the fayette housing demand study and the imagined nicholasville road corridor plan and in the 2017 ordinance and subdivision regulations most notably the recreation and tourism text amendment and the formation adoption of the 2013 comprehensive plan the formation adoption of the imagine lexington the 2018 comprehensive plan including the place builder and whereas ms plumley has consistently shown a deep concern for the citizens of fayette county as reflecting her decision regarding land use and development whereas the members of this commission the staff feel that the service and the guidance contributed by miss plumley would be greatly missed by this body now therefore be it resolved that the members of the commission the staff to hereby express our gratitude to miss plumley for her service to this commission and to the citizens of lexon and fayette county we the the election in Fayette County Planning Commission and staff to hereby wish for Miss Plumlee much happiness and continued success and ask that she continue to give valuable guidance to the members of this Commission. Be it further resolved that a copy of this resolution be presented to Miss Plumlee and also spread upon the minute books of this body. Congratulations. Thank you. Hey, we're going to try to take a picture. Ms. Plumlee, you and Mr. Penn are the shorter ones. Y'all want to get up front? You want the ladies up front? The ladies up front. Yeah, I'll be talking to you, Frank. That's all right. Don't do that. Don't do that. Thank you. Thank you. Yeah. You've done a lot of you. That was nice. Hey, all righty. That was great. So next up we will still be on page eight of the agenda. I would like to stick with the commission items and finish that up. This will be on VB PFR 2021-1 Fayette County Public Schools, Polo Club Middle School. Staff? Good afternoon. We are looking at Fayette County Public Schools, Polo Club Middle School. There we go. I'm sorry about that. I messed that one up. This is for Fayette County Public Schools. The location is 2185 Polo Club Boulevard. They are proposing to build a new school on the property for 1,200 students, 1,200 middle school students, and 120 in staff. As you can see, this property is located to... We have... Oops. The light. Oh, there we go. I'm sorry, I got it up in the ceiling. This is Polo Club Boulevard, Man of War Boulevard, and up to the north here we have Winchester Road. This is the property we're looking at, so you can see it's in the middle. We have Central Baptist Hospital project over here, and across the street we have the Cabela's and the Costco down in this area. this is in the expansion area so you can see we have the property is owned EAR3 we have residential EAR1 and 2 in proximity this is Blackford property this is still agricultural rural zone. It has not been rezoned at this time. And as I said, this is ED for Baptist Hospital. This is a front elevation, a proposed front elevation of the school. Here shows the layout. You can see here's Polo Club Boulevard on the end, down here at the bottom. We're showing two points of entrance onto the property. This one here has a proposal for a future traffic light. The school is in this location. This is the middle school, and the acreage included also has a proposal for a new elementary school in the future. This, sorry, allergies. The staff believes that this school campus fits within the enhanced neighborhood place type and that the medium density and residential and low density non-residential mixed use development type of the comprehensive plan. With the development criteria in place and for this place and development type, a variety of housing types, neighborhoods, serving retail, services, and community facilities all enhance the neighborhood for future success. the new middle school will meet the educational needs of the community in the area of the urban service area and experience significant growth over the last 20 years and will continue to have more in the immediate vicinity there's proposal we also looked at a new residential development to the north here, part of the, they call it Bellhorst, and remember we have townhomes and single-family residents in that location. The acreage for the property is 46.93 acres, so that will allow both schools in that vicinity. The site layout depicts the separate designation for drop-off for parents and buses. The parking lot for the school buses consists of 34,000 square feet of permanable pavers, which support the green infrastructure goals. Pedestrian access will be provided to Polo Club Boulevard from the school, as well as for future elementary on the property. They have sidewalks that lead down the lane, both ways, all the way down to Polo Club and stubbing into the future middle school. Also in this area here, we have greenways with a trail proposed with Future Park in this location. So we're looking for access between the schools and the greenway and the Future Park area. this is the first floor drawing for the first floor of the structure this building will be two stories in height about 177,000 plus square feet for the school sorry here's the second floor going back on this floor plan on the first floor there is an area located on the first floor for storm whoops in this location here they have this area developed so that it for a storm shelter should there be any problems while the children are at school they'll be able to have a place for safety, tornado shelter for safety area. This property is also located along North Elkhorn Creek. If we go back, along North Elkhorn Creek. So the structure will be built above the floodplain elevation on the property. second story you can see there's classrooms on the second story in this area with this being open for the gymnasium and for the orchestra and band rooms here's another elevation towards be proposed for the new elementary school. This elevation is showing facing the direction of Polo Club Boulevard. And this one is to the rear facing towards the greenway on the property. This overall view of the school. So with this, the public facility improvements for the new middle school will fully serve the needs of the community. There are no goals and objectives of the comprehensive plan that are in opposition to the proposed new school. However, as stated above, several goals and objectives as well as policies of the plan support the project as does destination 2040. The staff suggests that the Fayette County Public Schools work closely with the Division of Parks and Recreation and Environmental Services to provide a direct pedestrian connection to the future plan residential area across the greenway as directly to the future park site. And with that I will open it to the committee if there's any other comments or questions. Not seeing any so all we need to do is just make a don't make a motion on it but just just say that we accept this presentation? Do we need to make a motion? You generally make the motion in the form of an acceptance of the report. Okay, the floor is open for a motion. Mr. Chairman. I move that we recognize that we have reviewed the public facility review of the Polo Club Middle School and find it in compliance with our Okay, we have a motion. Do we have a second to that motion? Second. Seconded by Mr. Pohl. Any further discussion? Okay, please vote via Granicus. Okay, motion passes. Thank you. All right, next up, we're going to bring it back to the first page of the agenda. Any postponements or withdrawals? Mr. Chairman, my name is Matt Carter with Vision Engineering. If you turn in the agenda to page 5, item 8, it's also on the consent agenda, of the third item, PLN MJDP 21-48 Hamburg East Section 1, Lot 2E. The applicant on this is Landmark Surveying Company, Hogan Helm, and he was unable to attend today, but I told him I would stand in for him and request the postponement. But the reason for the postponement, it's a procedural issue in that being in the expansion area, he needed to post a sign on the property. The sign, it was posted on October 1, although it should have been posted on September 21. So it was about a week off. so he is asking for a postponement if possible to the October 28th hearing and that would be the next hearing in two weeks or the November 11th hearing which would be a month from now but his preference would be the October 28th Okay, I think the October 28th meeting is the zoning hearing. Are we able to do that, staff? If the commission wishes to have it, then that would be fine. Okay. All right. Thank you for that clarification. Okay. So we have a request for a postponement into the October 28th meeting. The floor is open for a motion or additional questions from planning members. Yes, sir. Mr. Penn. Mr. Chairman, I move for postponement of the TLNMJD 2148, Hamburg East, to the October 28th meeting, and to remove it from our consent agenda today. We have a motion and a second by Ms. Boxdale. Any further discussion to that motion? Seeing none, please vote via Granicus. Motion passes unanimously. Thank you. Thank you. Mr. Chairman, members of Plain Commission, Rory Kaley, if you have any questions, please partners I have a pair of items I'd like to postpone if we could start on page three item C this is plant major development plan 21-39 LFUCG Mill Creek subdivision unit 3 in Jonestown we'd like to follow the subdivisions committee and request a one-month postponement. Okay. That's to the November 11th meeting. All right. Any questions for the applicant for the one-month postponement from planning members? Seeing none, the floor is open for a motion. Mr. Chair. Yes. I'll move to postpone PLN and JDP 2139 to the November 11th. We have a motion. Do we have a second? Seconded by Mr. Meyer. Any further discussion? Seeing none, please vote via Granicus. Motion passes. And on the bottom of page 5, continuing on to page 6, this is item I, Major Development Plan 21-50, the Ramsey-Sullivan property, lot 4. Again, we'd like to follow the Planning Commission's recommendation asks for a one-month postponement. Okay, we have a request for a one-month postponement for the November 11th meeting. The floor is open for a motion. Mr. Chair, I move to postpone PLNMJDP 2150 to November 11th. Okay, we have a motion and a second by Ms. Meyer. Okay. Any discussion? You're fine. Okay, please vote via Granicus. Okay, motion passes. Thank you very much. Thank you. All right, next up, the staff consent agenda. Yes, sir. We do have several items, Chairman Forrester, that appear on our consent agenda today. One was just removed, so I've noted that, but I'll read through the consent agenda, and including page numbers from the regular agenda, plan title and address, and then we'll ask if there's anyone present today in the audience or an applicant's representative that wishes to have an item heard by the full commission, or, of course, if a planning commission member wishes to have an item removed from the consent agenda the staff will prepare to present those so let me read through those and just see if there's anyone present in the audience today starting at the top here under development plans recommended for approval by the subdivision committee the first item appears on page 3 item D PLN MJDP 21-42 for the Lucille Caudill Little property an amended final development plan for property located at 2440 Mackinwood Drive the next item is on page five of your agenda item G PLN MJDP 21-45 for the Richardson property this is also an amended final development plan for property located at 324 Hannah Todd place this This item does have some information in your packet, an EAMP compliance statement related to the revision. Also on page six, the next item, item J, PLN MJDP 21-51 for the Clay Ingalls Company Incorporated, property located at 958 Delaware Avenue. item is on page six item k of your agenda pln mjdp 21-52 valley park for property at 850 derudy street next page seven item l pln mjdp 21-53 for greendale hills unit three also known as Oakdale development for property located at 1201 Greendale Road and then the last item appears on page 7 as well item number M PLN MJDP 21-54 for the Roley Bishop Carroll senior property an amended final development plan for property located at 375 Pasadena Drive so we'll just ask if there's anyone in audience today that wishes to have any of those plans heard by the Commission yes sir which one Greendale Road okay so that's appears on page 7 item L of your agenda for Greendale Hills unit 3 so we'll remove that any others okay then I'll ask if the Commission has any others that they would wish presented by the staff today. So that leaves five items on the consent agenda this afternoon for the Commission to consider all with one motion. Those are all conditionally approved of course with the list of conditions that appear on the agenda. Okay thank you Tracy. The floor is open. I motion for the approval of the consent agenda is presented by staff with the omittance of item H and item L. Mr. Chair I move for approval of consent agenda removing item page 5H and page 7L. Do we have a motion? Do we have a second? Second. Seconded by Mr. Bell. Any further discussion to the motion. Okay, please vote via Granicus. Okay, motion passes unanimously. All righty. So that'll bring us back to page one, the final record plat PLN FRP-19-14. Now we do have revised staff recommendations on the blue sheet and a waiver with it as well. Martin? Mr. Chairman, members of the Planning Commission, yes this first item that is on your agenda is a final record plat that has been brought to you again it was presented to you in the past and was postponed at the request of the applicant they have since requested that we bring it back to you today and as you have been informed we have revised conditions from the agenda on a blue sheet as well as the waiver report now The final record plat that you see before you today is to subdivide this lot from a parent tract that is fronting on old Higbee Mill Road out near its intersection with Harrodsburg Road in that area of the community. It is a proposal again to create a tract here with the remaining track. The property is heavily impacted by floodplain in the rear of the property along the South Elkhorn. There is also, if you see here, and this is a pertinent issue, a sanitary sewer line, a trunk line that runs through the rear of the property. Now again normally this would be a fairly straightforward split subdivision, creation of a subdivision, a lot. This This lot is zoned R1A, I believe, which is relatively rare. That was subject to a zone change prior to the submission of this plat. And this area remains AU, agricultural urban. Now, it was reviewed when it was originally submitted to you, and again, even though these are revised staff conditions, they are the same conditions from staff's initial review. They are the standard sign-offs that you can see on the report for a plat. They're going to have to add some information to this plat that you can see. Denote non-conforming use. Discontinuation agreement. This is from a preliminary subdivision plan. This goes back to the zone change. Again, there's some issues that existed on the use of the property. These uses on the property have been ongoing for many, many years when it was an agricultural tract. There was a family business that operated particularly on this track at all, so we need to address that nonconforming issue. Document notification to consenting property owners from a preliminary subdivision plan. Again, this goes back actually to the remnants of a family-owned farm that had considerable property in this area. It's been developed over the years. And so it was an issue, again, with the neighbors and the applicant agreeing to the subdivision of the property. And then there was a temporary structure on the property. It needs to be removed. It conflicts with proposed property line on the property, an older building that needs to be dealt with prior to certification. And really the issue then comes down to a waiver request, and that's the significant aspect of a subdivision of this nature. And as you all are very much aware, when we create a subdivision, we start looking at public improvements, and we look at street improvements, we look at sanitary sewer, storm water, those sorts of things. Well, in this particular instance, again, this is old Higby Mill Road. There's a lack of improvements in this area because there's been a lack of any real redevelopment along this part of Old Higby Mill Road. And as I told you before, you've got a sewer line way back here on the rear of the property. And it's a collector, it's a force main, that runs to the plant, the pump station down on South Elkhorn, further down near Ramsey's in that area, that the government built as part of the consent decree. So there's a challenge. In essence, by creating this property, The AU property is not really an issue with the Platte, but this is a residential property, and it's required to have sanitary sewer. Well, they've got a septic tank. There's been a septic tank there for 50 years or longer serving the single-family home in this location. Your applicant lives there. He's going to continue to live there and utilize the septic tank. also because there's limited frontage along this lot that they're creating they've asked for relief in the waiver from actually doing the public improvements at this time which would be paving sidewalk curbing gutter and normally we would be kicking all this in and the sewer in on all these properties well we reviewed it and we met with the applicant we talked with the engineer and again because of the challenge of running a public oops oops oops wrong button here we go of running a sewer back and hooking it in there'd be quite a challenge and an expense just to serve this one property and there's no need again at this time because we have no development on this property. That's really the key to the waiver request that staff would anticipate that this property will develop. It's in a good location, it's there, over time staff is confident there will be development of this property. So in reviewing the waiver request, staff and we work diligently with the Division of Engineering and others in reviewing this, we have recommended approval subject to conditions that tie the improvements to such time as the overall property does redevelop and we get a development proposal in that location. And frankly, we would anticipate a fairly intense development at this location. We would anticipate something along lines, multifamily townhouses to make the optimum use of this property is what we anticipate. Now, there's a yellow sheet of paper that we handed out, and this was provided to you at the original meeting a couple of years ago when we originally presented this, and it's a tad out of the ordinary. Because of the situations that were interesting and the impacts on this property, staff provided you actually with options on your waiver. Option number one being provided you approve it, then you would denote full half section improvements be constructed at the time of any AU zone portion. Again, all this should be developed and includes this lot. So then they have to do the improvements at that time during the development, which is very standard. That's generally how development is going to work. And then the creation of easements to provide public sewer to the lots is also necessary so that, again, at the time that the property is actually developed to its fullest potential, sewer street improvements would be provided. Now, the second option should be if you don't approve the waiver. Well, if you don't approve the waiver, they're going to have to build all the public improvements along the street. They're going to have to provide a sewer to the residents, a public sewer line. And then the third option, and this is a rather small tweak, but it's should you approve the waiver, you also have an optional condition, which would be to require a letter of credit to the Division of Engineering for all these improvements. Now, we did not make that a condition of the original review of the waiver, but we wanted it to be an option once we explained the situation to you because, again, staff is confident that this area will eventually redevelop this entire area. You all know how valuable our land is, and we would anticipate it would, it would fully redevelop and at such time in the future that they will incorporate the entire property and address the public improvements and again as the applicant i'm sure is going to explain to you it is of course the intent of the applicant to continue to live in the house utilize it as he has for most of his life so with that staff is recommending approval of the subdivision plan and the waiver as well and I'll be happy to answer any questions you may have for staff. Any questions for staff? Not seeing any. Thank you sir. Applicant? Good afternoon ladies and gentlemen. I'm going to take my mask down a little bit if I could just to be heard briefly. My name is Steve Vickroy. I represent the applicant Raymond A. Waits. I just wanted to let you know that all of the previous issues that Tom had talked about, there was a temporary structure on a boundary line and whatnot have all been resolved. There was a family issue that was raised that caused the matter to be held in abeyance and that has now been resolved. And so we appreciate the staff's recommendation and obviously the option a that is on the yellow sheet that Tom talked about is what we would love to request from this Commission is that the waiver be put in place for all of the site improvements until such time as this property and the adjoining property on the south side of old heavey mill Road are approved for development and so with that because it in in our opinion while we know that you have standards to uphold and and and regulations to enforce to build curbs sidewalks gutters for just a hundred and some feet and and have it be blank on both sides really in my opinion would would almost be an eyesore at this point in time knowing that if the property is going to develop we believe since it's all family that's involved here that it will all develop at the same time and so with that that's why we think option A makes more sense but the the the troubling one is requiring it to connect to the force main sewer that runs in the rear section of the family farm we just don't think that that's something that that should be required of this house especially since it was built in 1959 actually and has been working the septic system has been working fine for over 60 years actually so with that said we are going to request that this Commission give its final approval and choose option a as the requirements for the public improvements and let those be postponed until such time as the properties develop. So with that said, if you have any questions, I'll be glad to answer them. Just for clarification, it's option one. Is he referring to? Yes. Okay. Oh, was it one instead of A? I apologize. Yeah, that's fine. My apologies. Thank you. And then we would also ask that no further conditions that burden the adjoining properties. we're the applicant we don't want there to be any further condition i don't think the the staff recommended any further conditions on the adjoining properties but we just don't think it at this point in time since we're asking just for this one lot to be approved that there would be no further conditions placed on the adjoining properties thank you thank you do we have any Any questions for the applicant at this time? Sorry. Mr. Members, you're fine. I didn't think so. All right, thank you. Thank you. Do we have any citizens that would like to either speak either for or against this particular agenda item? They can do so by stepping up to the podium. Not seeing any, so we'll bring it back to the commission for further discussion or a motion. Mr. Chair? Yes. I'd like to move for approval of PLN FRP 1914, Waits Moore Limited Partnership Property. Approval as recommended by staff and subject to the 14 conditions outlined by staff. Okay, so we have a motion for the revised staff recommendations. We've got to do two motions, one. But for this motion, we need to include option one. We can add that separately to the waiver. Yeah, the option one is associated with the waiver. Okay. So that would be under the second motion. Thank you, Ms. Murphy. Okay, so we have a motion. Do we have a second? Seconded by Mr. Davis. Any further discussion to that motion? Please vote via Granicus. Motion passes. Graham, are you voting? I can't get back to my. There you go. Yeah. Thank you, sir. The motion passes unanimously. Next up will be the approval of the waiver. Mr. Chair, I'd like to recommend approval of the waiver. FRP 1914 weights more limited partnership property with the option one on our yellow sheet. Okay, thank you. So we have a motion. Do we have a second? Second by Mr. Davis. Any further discussion to that motion? Please vote via grant of kiss as well. Motion passes unanimously. Thank you. Thank you. Okay, so that should put us on page two of the agenda. Development plans, PLN, MJDP-19-61 Stonewall Shopping Center. Staff. Good afternoon. This property is located at 3197 Claysmill Road. It's come back for re-approval. This plan expired. We had been in discussion with the property that surrounded it. We had a, I believe, last year, there was, with the Clay's Mill Road Shopping Center and the connection to the shopping center at this access point, They have non-conditions and they're asking for re-approval. When we brought this in front of the subdivision committee, they recommended postponement due to what was going on with the shopping center next to it and the large access point. There was a question about the width of the access point. This company, Banks Engineering, has come back and asked for that re-approval on this plan, that they agree to this plan, this access point, which is in approval with Traffic Engineering, and they asked for re-approval. And the staff at this time believes, after some discussion with them, that they are in agreement with that, and they ask for re-approval, and the staff agrees with them for the approval on that. This was at the corner of Clay's Mill and Wellington and the Shell Mart and then the Clay's Mill shops. That was the big discussion at the Planning Commission meeting. Yes, it was. I figured everybody remember that one. So, if there's any comments or questions you all have. Any questions for staff at this time? I'm not seeing any. Thank you. Applicant. Good afternoon, Mr. Chair, members of the commission. My name is Greg Smorstadt with Banks Engineering. And just like Cheryl said, we had this plan approved in 2019, and now we're just coming back to ask for reapproval. We've coordinated our plan with CMW and the adjacent plan for Stone Law Shopping Center. So what we have shown has been approved by traffic engineering and fire also. So we'd just like to ask for your re-approval. Okay. Does any commission members have any questions for the applicant at this time? I'm not seeing any. Thank you. Do we have any citizens who would like to speak on behalf? of this particular agenda item, either for or against, you can do so by coming up to the podium. I'm not seeing anything. We bring it back to the commission for further discussion or the floor is open for a motion. I just have a question. We had a big discussion with traffic engineering on this plan, and I just, is Mr. Parker okay with this? Would he like to speak on this? Yes, we've worked diligently with both CMW and Banks Engineering to make sure that the plan followed the guidelines and the recommendation of the Planning Commission. yes thank you commission um i'd like to move for approval of pln and jdp 1961 stonewall shopping center as recommended by staff and subject to the nine conditions outlined by staff. Motion seconded by Ms. Barksdale. Any further discussion to that motion? Clarify the number of conditions. We have a revised sheet. Are there seven or nine conditions? Nine. Nine, yeah. Nine. Nine. Nine. Yeah. I didn't know. You're looking at the wrong. Sorry. You're looking at the wrong. Thank you. That's next. Okay, so we have a motion and a second by Ms. Boxdale, if that's correct. All right, all in favor, please vote Grannicus. Motion passes unanimously. Thank you. Okay, so we're still on page two, Item B, PLNMJDP-21-32. We do have revised recommendations for this one. It's the, as Mr. Martin said, Tom, is the sound and color waiver. And staff? I would make sure you have front and back with this Meyer because I'm looking at yours. We had to replace that one with the new one because the copier messes with us. I've got it. I've got it. I thought we had replaced all those. And one other thing, too. I want to make sure everybody has front and back. There we go. I thought, yeah, very good. Thank you. The copier occasionally does not cooperate with us. This is one other thing. I did have a request from the applicant for an additional time if needed during a rebuttal stage. Certainly all right with staff if it's all right with the planning information. I just want to make sure that was put on record. Well, again, this is Major Development Plan 21-32, Mickler, Jennings, and Shelton property. It is property that's located out on Richmond Road just past the Lowe's. And here we have Richmond Road, the service road in this location. Lowe's would be up here. Currently the site has that interesting architecturally built building that sits back in this. You've all seen it, I'm sure. And the site, as you're aware, is heavily, heavily treed at this time. And you can see there's trees in this location, some in the rear. They're here. And the applicant is proposing a retail restaurant operation, a building in this location. Again, you can see here's the restaurant, below 4,000 square feet, a couple of retail operations proposed here. You can see access off the service road into the property. They're proposing a rear lot for future development at this location. Again, there is a plat that's been before your staff for review. They're proposing access and parking at this location in the lot. And then you can see the drive-thru. They're proposing a drive-thru. This is the stacking area. There's plenty of stacking on the property. In fact, there's enough room for stacking. It could even get out into this area if necessary. Although again, there is parking proposed in this area as well as here. Now, and you can see again with this revised plan, the access curls around the building. And this was one of the issues that staff was concerned about originally was access to this service road. The original access was shown over into this access into Lowe's. There was some geometry issues, design issues, conflict issues with that that staff was very concerned with. So this is the agreed-upon solution, just to bring people around and out to the service road. And again, options exist at that point for the traveling public after they've been through the drive-through. As everyone is aware, it's heavily treed, and the large issue that resulted in the recommendation of postponement was the large pin oak tree. Now, there's a lot of other trees on this site. There's several other significant trees, a couple of burr oaks and additional trees. There's a big walnut tree down in this area. I know I'm one of those rare people that's fond of walnut trees, but I am. But, again, the issue that was presented to you when it was postponed was a matter of information. Your staff diligently works to make sure that you all have the appropriate information you need to make a good decision. And at that time, staff was not comfortable with the tree information that we had received and not comfortable with the work that needed to be done to evaluate the tree. And we are happy to report to you that we have met with this applicant. We've had numerous interchanges and exchanges and information on this plan and on the tree. The tree has been assessed by several entities. The applicant hired a very well-qualified arborist, tree expert, to do a very thorough examination of the tree. City staff has gone out, visited the tree, looked at the tree, made assessments, as have others. Because, again, everyone knows this tree stands out. It's very visible. The canopy is very healthy. And that's one aspect of the report that was explained to staff and is in the report. You all, I believe, have copies of them. There's an explanation for that. And very simply, after these independent assessments have been done by the tree experts, the tree's not healthy. It's got rot issues. It's got other issues, rooting issues. And I won't get into details. Certainly they've asked for extra time, I suspect, so their expert can explain this to you. One of the reasons you see a nice healthy canopy is that it's being heavily fertilized by the Sunshine Grow Shop and their activities, which they will explain to you can be misleading towards the health of the tree. And again, I just want to stress that staff wanted to make it absolutely sure that you, the decision-making body, had the appropriate information that you needed to evaluate this plan. And again, we believe that has been done. Now, with that, you can see on your revised recommendation standard sign-offs from the various agencies and city divisions. There are several additional 12, 13, and 14 conditions on this that we have worked out and been dealing with with the applicant. And one that we believe is important and what they've agreed to is to designate an area right out here in front, 15 feet, to plant trees. We believe this is keeping with the purposes and the intent of the Richmond Road Ordinance. There is a Richmond Road Ordinance that applies to Richmond Road. It's designed to address landscaping and access. Similar actions were done on the Lowe's up in this area, on Lowe's years ago in Lowe's. This is a tree protection area here in the front. So the applicant has agreed to have an area here to plant some trees and help, again, with the presentation towards Richmond Road. You all hear staff talk a lot about presentation to our arterials, whether it's landscaping or even building articulation. We talk about that a lot in that presentation. So, again, that is something on the plan. then they are also going to denote that the proposed tree canopy of 34.7 percent or greater shall be located on track one and the intent here on track one is to address the mitigation because the loss of that canopy even though the tree is not healthy it's a big tree it could live a few more years it may not there was some you know difference of opinion how long it could live under the stresses of development but again it's a big nice tree there's a lot of canopy there and that's not the only tree. So they've agreed to mitigation efforts. So they're going to plant additional trees and they're actually going to exceed the ordinance requirement for canopy. So again, that's an aspect that came out of the meetings and negotiations and the work that the applicant and the staff have done together. There are also, and you hear about these, there's a lot of talk about the pin oak and whether or not, again, it's a good urban tree, for instance. There's a lot of them in Lexington. There's burr oaks. There's two burr oaks, and we all know that burr oaks are extremely significant. They live a long, long time. They're going to relocate one of the burr oaks to this area in the back. They have room in the back, and there's plenty of room there for them to move that bur oak, and it'll have room to grow and thrive in the rear. And as you all may or you may not know, bur oaks can live a long time. They can live 300 years or more, as opposed to the pin oak, which they're going to happily explain to you. Pin oaks don't live that long. It's just not the type of tree compared to a bur oak. So again, in a brief summation, staff had a lot of good conversations with the applicant and went over a lot of good information that they provided and other members of the government provided. And with that, staff is recommending approval of the plan. And I'll be happy to answer any questions you may have for staff. Any questions for Mr. Martin? Yes, Mr. Penn. So, Tom, with your approval of the plan, does the pin oak tree stay or does it go? The pin oak tree is going to have to be removed. It is just not healthy, and they will elaborate. It's not considered safe. Pin oaks, unfortunately, apparently have a habit of falling when they're unhealthy. That's the reason I wanted to ask the staff before we get into the application. Yes sir. Thank you. Any further questions, additional questions? Not seeing any, thank you Mr. Martin. Applicant? Thank you, Mr. Chair. Brandon Gross on behalf of the applicant, and yes, Mr. Martin is correct. We had lots of discussions, so many discussions, I'm surprised they kept taking my phone call to work through all these items. I think Mr. Martin did a really good job of explaining the revisions we've made to the plan. One thing I would like to point out is currently on this site there is 29% canopy on track one. As you know from last meeting, we are required to have 20% canopy. And in this instance, to mitigate because of the large oak tree that needs to be removed, we're going to increase that to 34% canopy. So at the end of the day, there'll be about 5% more canopy on track one than there is today. We also worked with staff to break up the parking lot with more grassed areas. I know that you had some concerns related to the heat island effect. And so what we did is in the front we have agreed to do a 15-foot green space with lots of trees. And then also between the service lanes and the rear parking, we've also put a pretty big buffering of landscaping. landscaping. I've also, I know there was discussions about our expert we have Mr. I mean, Dr. Kimmerer here, if you have any questions for him or if you have any more questions for me, but I don't have anything else to add. Any questions for the applicant? All right. Thank you. Thank you, sir. Do we have any citizens that would like to speak on this particular agenda item today either for or against please do so by coming up to the podium not seeing any so we'll bring it back to the commission for a further discussion or emotion i i have a question i'd like clarification on um in the documents that were presented with um is a letter from heather wilson which is a tree risk assessment form. And, Tom, it seems to contradict what you said about the pin oak. She's pretty strongly recommending taking action to preserve the pin oak. I don't really see anything in her letter that suggests that it's in any significant trouble. I guess, could you address that? I'm going to jump in quick because Tom was on vacation the day we met with Miss Wilson, which is our, she's our city, or one of our city arborists. She did visit the site and found that if the tree was not disturbed, it could stay or it could live there and, you know, survive her estimate that she stated to me was 20 to 25 years. Knowing that there was going to be construction on the site of some sort, she acknowledged that the tree did have some defects and also has the heartwood rot that she mentions or lists on the tree risk assessment, which is an indication of usually a slow decline. They used a word senescing, which is the arborist's term for decline. It's on the downhill slide of its life. So she acknowledged that, again, with no disturbance on the site, it could survive, but it is already have some disease and rot associated with it. So from Article 26 perspective, it's no longer considered a healthy tree, but rather, by definition, a distressed tree. And that sort of leads the staff or led the staff to, along with the other expert opinions to the point where the tree should be removed yeah i think i need to share with the rest of the commission at the subdivision hearing when we talked about this tree mr query and i got into a discussion about the process and procedure and I want to say publicly to the rest of our commission to Mr. Query that I was not questioning his ability to make assessment I was questioning the process of where we use that and I want in the future subdivision committee meetings when we have information that's coming from the applicant that the staff has not seen that we postpone that until the staff has a chance to see it and make their make their recommendation so mr query if i was hard on you i apologize but i will tell you that i will stand on process every time thank you thank you mr pen yes thank you mr chairman i am grateful for the applicant's intended investment in our community and I welcome their continued investment in our community. I will vote to approve this plan today. I only wish this is what we had seen last month, which was possible. We have a process in place, and that process is to protect the greater good, and there is a reason it's there and had it been followed this plan would have been approved last month so thank you again for your investment we welcome you to Lexington and I'm gonna vote yes today because of what we've seen today and because of the staff's coordination with mr. gross thank you very much thank you Mr. Davis. The floor is open for a motion. Could I make a quick comment? This is completely unrelated to the task at hand, but the building that sits on that site, or I suppose it still sits on that site, it's a really interesting building. I don't know if folks have – it was mentioned as being an interesting building. As far as I know, that building was designed by Don Shelton, whose name is on the ownership list. And I know Don through hiking in the Red River Gorge long ago. And Don was one of the very first people to work to preserve the Red River Gorge from the damming that was proposed back in, I believe, in the late 60s, early 70s. So I just thought I'd bring that up because it's an interesting historic moment. And I admired Mr. Shelton's imagination and creativity on that building. It was not like any other. Thank you, Mr. Pohl, for that interesting historical information there. Yes, Ms. Wirth. I don't know where it is, so it's under discussion. Thanks. Thanks. With Heather, was she of the notion that doing development in any other way with a different plan, like was initially discussed with us, would also cause further damage to that tree? Was that even discussed? we we did discuss other possible options for the site and I think given the additional information from the other tree experts she was agreeing that you know the pin oak does have a limited lifespan and the fact that the heart wood has already been decayed to some point did limit its life even if you built around it. Mr. Penn. Yes. Mr. Chairman I move for approval of PLNMJDP 2132 as presented by staff with the 14 conditions presented by staff. Okay we have a motion and a second by Mr. Bell. Any further discussion to that motion? Not seeing any. Please vote via Granicus. Okay motion passes. Thank you. All right. My paperwork here, Mr. Martin. Page 4, PLNMJDP-21-43, Bluegrass-Aspendale. We have revised staff recommendations. It's a yellow sheet for everyone. Okay, Mr. Martin, you're up. Mr. Chairman, members of the committee, it may surprise you all to know that as a young college student, I participated in several marches and protests in Frankfurt against the damming of the Red River and Red River Gorge. Thank you, Tom. All right. It wasn't the only one, but I did take place, I did participate in that one. Now, as your chairman said, this is a major development plan, preliminary subdivision plan, 21-43, Bluegrass Aspendale, LFUCG Housing Authority. Mr. Martin, I failed to mention we have a waiver. Yes, sir. I'm sorry. You are correct. Commission, we have a waiver as well. There is a waiver. They're not just a public waiver. Oh, that's true. Please look in your packet. There's a lot of, you have a lot of information. There's been a lot of opinions and concerns expressed about this development. And so in your packet there ought to be communications that staff received that we've disseminated to you from various people that are concerned or have concerns about this particular proposal. This is an amended plan. An amended final development plan, preliminary subdivision plan for a part of the overall redevelopment of the Housing Authority property in this particular area, as you all are well known, the Bluegrass Aspendale area of our community. Now, this is a relatively simple plan in that you can see 10 single-family homes being proposed, five townhouses in this location, and then a child education Head Start Young Children facility here in this location. This is Shropshire. You can see Public Street runs in this location. Shropshire was rebuilt, reconstructed as part of the overall redevelopment of this particular project. They have been to the Board of Adjustment. That was something necessary for this child care facility and have received conditional use approval for it from your Board of Adjustment. They have requested variances on the setbacks as well for these lots in this location, again, relative to their orientation to Shropshire, so they can construct the single-family homes in this location as well. Now, they're proposing a public street at the rear of the property. Here's 5th Street. Here's 6th Street. So this will connect in this location. And it is this street that is subject of the waiver, and I'll address that shortly. I want to give you some perspective on the proposed amendment that you see before you. Here is the current amended and operative development plan, preliminary subdivision plan for Bluegrass-Haspindale. And you can see the overall area. Here it is. This is Shropshire. This is the area that we're looking at right here, approximately three acres. This is the school site. There's an elementary school, as you're all aware, that was constructed in this site. This area was reconstructed into the single-family homes. You can see the lotting. These areas, mostly multifamily structures built in this area. Again, you can see the street pattern that's constructed. There's open plaza areas here. There's open plaza areas there. Again, the buildings are oriented up, for the most part, along the streets with parking in the rear. Again, it was an overall plan, urban in nature, to redevelop this area. And it was done so with a HOPE 6 grant, a very large, multimillion-dollar federal grant to help redevelop housing authority. This is a program that was used in the country some years ago to help provide affordable housing. And it's important to note, this is the housing authority. We're talking about affordable housing. As you all are aware, affordable housing is a very great need in our community, and this is real affordable housing. Sometimes what we talk about being affordable housing is $250 compared to $450. These are for people whose incomes qualify them for assistance and help and that sort of thing for housing. But again, this is the last piece of the overall development that remains. The original plan as approved and certified, there are actually nine apartment buildings in this location. And the parking is in the rear. This is Pemberton up here. These are single family homes along this property line. And access from 5th Street here and access from 6th Street to this part of the plan to serve those apartment houses. now we're back to the amendment and again you can see in that same area where they had nine apartment buildings and access to fifth and access to six they're now proposing these single family homes an educational facility and a few townhouses in this location now Now, the issue with the street and being a public street is, in effect, it mimics an alley and will function much like an alley. We no longer have a classification for alleys. We used to in our subregs. We just have local street requirements. It is the subject of the waiver request. they have requested permission to build this public street at a lesser right-of-way. Specifically, they're looking at, I believe, 39 feet of right-of-way. Normally, there would be 52 feet of right-of-way on a public street. They're asking for no sidewalk to be required. So that's the purpose of the waiver, specifically. and again as staff reviewed this development plan the preliminary subdivision plan and we looked at this proposed street again we had concerns about intersections here with fifth and six but as you saw in the previous plan the apartment complex that they were going to build those nine units did have access to fifth and six as well so this this really mimics that plan although it is a through street it is recommended by staff and the applicant has agreed and on this revised plan it reflects it is to be a one-way street that helps allow them to reduce the width yet it is still wide enough to allow for emergency vehicles and others service vehicles to access the back of these single family homes it will allow again the parking lot and this was an area of concern and staff talked to the applicant about it bringing in buses and cars and people for the children in this facility again because of access onto fifth street and wanted to minimize conflict as much as possible which also leads to another reason that you have alleys and providing rear access and that's to minimize driveway conflicts along a public street. You all hear your staff talk about this a lot. You do. You hear us talk about driveway conflicts out in Blackford on the Parkway, one of the more recent ones. We talked a lot about driveway conflicts and minimizing those conflicts. Well, this will certainly minimize any conflicts along Shopshire, which has an on-road bike facility and, of course, sidewalks. So there will be people biking and walking on Shropshire as well as cars, but it will minimize conflict in that regard. And it reflects the fact that the school, of course, has no access to Shropshire. They have no access whatsoever. And there is no parking along their side of the street as well per their request for the school. So in that regard, this is a consistent relationship. that we see on Shropshire. Now, there is an area here of trees, and that has been a large part of the discussion on how to minimize the impact on these trees. The applicant is going to plant somewhere in the neighborhood of 40, 42 trees on this site as part of their requirements to meet, but they are going to develop in this area, and they're going to endeavor, and they'll explain this to you, that they're going to endeavor to save as many of these trees as they can. As part of the cross-section for the street, they're proposing a tree protection area down the border with the rear yards, with the Pemberton single-family homes in that regard. So staff, again, has reviewed the plan, and in reviewing the waiver request, But again, staff was concerned about these conflicts at these intersections. So that's one reason we talked to them about how do you minimize that. Well, one-way traffic helps. That way you're not worried about two-way turns, left turns, that sort of thing, and creating decisions for drivers, for pedestrians, for others in the area. The applicant requested a waiver to your street geometrics. that's the waiver they requested they did not request a second waiver that is in your report that staff identified for them and staff has reviewed and that's your spacing waiver you've actually heard a few more of those in a few presentations lately where we've talked about street spacing uh street bike space not street light but traffic light spacing and those issues well they have the same issue here with the new street of course those standards are largely suburban they're not urban standards those spacing standards but there is a slight offset see here's ray street there's a slight offset in this intersection so again that's another reason to try to minimize conflicts by having a one-way direction on the street and it will be from fifth to sixth and again spacing with a new public street relative to shropshire that again it wouldn't meet That's 250 feet. They don't meet that. They neglected to request that. That's okay. That happens sometimes. But staff identified that particular problem, and we added it to the waiver report for your information. Now, so with that, again, relatively simple amendment proposal, single family. townhouses certainly a head start child facility on this particular amendment your staff has recommended approval to you on this plan we are also recommending approval of the waiver as requested and i'll be happy to answer any questions you may have for your staff Thank you, Mr. Martin. Any questions for staff, the commission members? Okay, I see any. Hold up. Mr. Michler. This is just to clarify, because I was not at the subdivision committee, but you had there were postponement regarding the conflict of the tree protection area in the street. And again. Oh, am I reading the wrong? That's the reason the subdivision committee. Right. And so how is that? What was the, what changed on this plan? Well, we believe. Because I'm still, because I'm reading it. I'm just looking at the plan. I see tree protection area and the street, and I'm trying to delineate how that. Well, staff actually had recommended approval to the subdivision committee of this plan, and staff is still recommending approval because we believe that they will be able to protect a certain number of trees as much as possible in this type of development situation. They're also protecting trees in this location with a tree TPA. And again, staff never loses sight of the importance and need for affordable housing in our community. And would only stress again that this is your public housing authority that's here before you today. And then we received a letter from the East End Community Development Corporation saying that they had submitted questions through the planning department that hadn't been answered. Did they get answers to their questions? As much as we felt we could answer them or that they were relevant to this particular proposal. The gist, as staff understands it, is, one, first of all, outreach. Applicant will have to address that. We understand there were efforts made. We can't speak to their success, but there was outreach done. Secondly, there were some questions and evidence that they submitted about crime in the area and about the types of housing in the area. Well, again, staff fails to see the complete relevance of that sort of thing to this particular proposal. Thank you. I've got a quick question. I'm sure we're going to get into this with the next section of questions. but is this the greatest density? Are we doing everything we can to generate the most affordable housing on a vacant and underutilized piece of property? What is the reason for doing single-family homes and not, I mean, I would assume that we would be for as much affordable housing as we possibly can get. Yes, sir. And the applicant can explain their strategy here and what they've done. Obviously, they've built a lot of apartments. They've built single-family homes. One aspect of affordable housing is not just density in apartments, as you know, but it's also the ability to own and what that means to someone and the opportunity to build wealth and generational wealth in your home. And that is certainly something that I know from personal experience in affordable housing that's encouraged. Absolutely. Absolutely. We're in an interesting time when post 2007 and 2008 we've seen homeownership change significantly and more people are renting housing. So we're just in an interesting time where we're weighing homeownership versus affordable housing as rental units. So I'm interested to hear what the applicant has to say about that. Thank you. Thank you. Mr. Nichols, just in my opinion, when you own your own home, you tend to take care of it more than you would if you're renting. So I don't want to speak on the applicant's behalf, but I'm pretty sure that has a little bit or more, a lot to do with it as well. But thank you, Mr. Martin. Mr. Nichols, thank you, too. Great questions. Any further questions? Okay. Applicant. Good afternoon. Brandon Gross. I'm here on behalf of the Lexington Housing Authority. I have with me Tony Barrett, who is our landscape architect on this project, and also Austin Sims, our executive director, and Joan Whitman, our board chair. I'd like to, if you would indulge me, I'm going to let Tony speak to some of the plan changes in the tree. I'd like to start with some of the mission. as everyone knows the public housing authority's mission is to bring affordable housing to the citizens of Fayette County and that could be done in a myriad of different ways for those who are not aware of the mission we have several areas we have public housing that the housing authority owns and it's subsidized housing for people that live in it there's also as many of you have heard of is the section eight section eight is a public private partnership in which individuals who own rental homes apply and get essentially approved and then someone who has a section 8 voucher can live anywhere they want within Fayette County. As part of the transition from the barrack high density housing projects that were built in the 30s and 40s, the HOPE 6 grants were provided by Congress so that the Bluegrass, Aspindale and other Charlotte Court and other types of public housing projects around the country could essentially be reimagined, where they're more mixed use, where you have homeownership, you have apartments, you have some private ownership, you have some housing authority ownership. And this was the last phase of the HOPE VI project. We have marketed this property for a number of years. We have not had any success. The 2018 Comprehensive Plan designates this as a vacant lot. for infill and so what we have done is and if you look at the older plan with the apartment buildings since that plan was done the east end small area plan i believe came after that the east end small area plan recommended that this be single family housing on this block and so while it doesn't match up with the current development plan it does match up with what the east end development East End small area plan recommended for this particular block. So we are bringing that to it. Also, I want to mention that one of the reasons that the small area plan recommended single family homes is because this area town had historically low home ownership and they wanted to increase it. So what we have done with the equestrian, what we've done also in the other areas of the city, is we develop lots to build houses not for us to hold but for us to sell at a discounted price for individuals for affordable housing so that individual actually owned their home in a certain area rather than just being a renter. So this is a different type of affordable housing than when you think of the housing authority. At the end of the day these will be homeowners in this particular neighborhood versus people living in apartments and I believe that's what Mr. Martin was alluding to. So one thing to keep in mind is we are following what this body and the city council wanted with the small area plan for this part. The Bluegrass Aspendale redevelopment has really been an anchor for all the success that this body and the city council has and individuals have brought to the east end. We have commercial sites, we have housing, we have mixed uses, we have parks. There are lots of things going on at the east end and this is our last piece of that puzzle. which brings me to the school one thing with the school is we are partnering up with the community action council the community action council will be building this school the idea will be that this will be the gap between head start and i guess children of infant age to where the kids in this area will be able to go to this school and then funnel right into the elementary school but it'll bring education earlier to this neighborhood than what's currently available. These will be preschool age children and they will get childhood development services at this site. We've been told that they want to have start with 64 students and raise that to 100 students in the near future. So all those children in the neighborhood will be able to go there, get the early learning that they need, and then be able to funnel right into the elementary school across the street. I wanted to mention also that part of this goes into the Mayor's Commission for Racial Justice and Equality. That report and that commission issued the report fall of last year and some of the recommendations of that report were we need more affordable housing we need more options of affordable housing once again having home ownership affordable housing is one of those options another recommendation was gentrification in our inner city neighborhoods this will relieve some of that by allowing people that are qualified affordable housing to live in this neighborhood rather than the options of some lower substandard housing or what we see as gentrified housing in the area also the commission recommended high quality preschools in these neighborhoods and this is what we're bringing to this neighborhood would be a high quality preschool so with that being said the overall design i'm here and the the intent and the mission if you have any questions on that i'm here to answer them and if not tony can come up and speak to some of the discussions he had with traffic engineering and their forester and staff about redesign mr gross thank you so much can you very briefly uh describe for the commission the covenants or any covenants that will uh follow with the land yeah and so on that issue we have not we have not settled on which format we we will use we have used several formats in the past. One format is called a silent second and that's where someone goes out, they get a mortgage from a Fifth Third or a Chase or somewhere and then the discount is a second loan, sort of like what Habitat for Humanity does. And then every year that burns off and by year five or ten they don't owe anything on that second. That's one way we have done that in the past another way is to give them a discount through the builder on the land price in which case we put a restriction that says if you sell this house with a certain amount of time then you have to pay us back if we get part of the gain on that house and that's been used successfully with UK especially around the campus they use that for their nurses and other employees in the campus area back when it was easier to find houses around campus to live in. But we have not decided which one, but it'll be something similar to that. Sorry, another question. Following Commissioner Michler, why are we told that the engagement was not... Oh, yes, I'll respond to that. Sorry, I put a note and I flipped pages. So, on that one, Billy Mallory did contact staff. staff did contact me and I did call Ms. Mallory. I spoke with her two or three weeks ago. I told her that if she had any questions, we'd be more than happy. I'd be more than happy to provide them. I'd discuss them with her. At the time, we were not planning on doing a public meeting at that time because, as you know, we're not required to for development plan. And this was the last phase of a plan that's been studied intensively through the last time period. I did not hear back from Ms. Mallory. I do believe she reached out to the planning staff. We have responded to her questions in writing. She has received those. And so I think what ended up happening was it was a miscommunication between her, me, and staff on questions being funneled so we could answer them. So then why did you choose to not have an engagement meeting? Well, the reason we didn't have an engagement. I know it's not required, but. Yeah. Well, the reason was because of the timing between talking to her and us going through the committees and just scheduling it. We did have an engagement meeting with them when we did the Ray Street project a few months ago. But in this instance, we did talk with some of the local officials, and it was determined that a meeting wasn't necessary. I'm sorry. I wish I had a better answer for you. Thank you, Mr. Davis. I have a question. It's hard not to notice that the 50-53 foot wide lot sizes are in pretty terrific contrast with the lots that are immediately behind them. So like if you look at lot two through seven and you look at the corresponding lots on the other side of the one-way street, you see there are six lots to eight lots because of the narrower historic lot size. what goes into a decision regarding the lot width okay generally speaking the it's what we can fit on the site so if you look at what we did on glen arvin with some of the duplexes and some of the other projects it is we try to make the sites wide enough so that you could actually have flexibility in the design of how the house will look and so that's one reason that we had the had them a little bit wider rather than narrower because most of those houses on the street behind there are more shotgun housing versus wider housing and so what we are building more corresponds with the other housing that we built within this we development project Not to be obnoxious, but I've always thought that what has been built in that project has been unfortunate because it has a distinctly suburban feel to it and an overscaled feel that seems counter to the historic fabric there. And it seems to me that with a little bit of imagination, a project could be developed with a considerably higher number of lots and with a better feel in regards to how it relates to the existing fabric of the community. Personal opinion, probably unrelated to my vote. Understood. Thank you, sir. Any further? Robin? I would just sort of second a couple of the comments that we heard from Bruce and Graham that this isn't necessarily related to my vote on this, but it is maybe, seems like maybe a lack of creativity or imagination that there are so few affordable housing units being proposed on this development. Thank you sir. Thank you both. Any other additional questions for the applicant? Hold on, hold on. Okay, so we are taking an order. Mr. Davis, then Mr. Nichols. Graham, I think that's a very good point that I had not thought of until you said that. have a responsibility to utilize the land to its highest and best use and i i i see a lot of good with this design and the plan but um why and and several of us sell real estate for a living so we understand buyers and what they want and how you can appeal to people but why couldn't we fit a few more there why does it why do we have to be larger which is out of context with the as Graham said the historic fabric of the neighborhood well oh sorry thank you okay well one thing I mean I mean we could all have opinions on how this project could be better what could be done to make this project it better but in this instance for example just because you qualify for affordable housing does not mean you don't want our yard people like yards they like their kids to play in their yards um and that's one reason is i mean while these houses may have a suburban look they were extremely popular they sold very quickly there is a segment that lives downtown that likes to have a yard and that's one of the reasons that we are building what we think the neighborhood would like But, yeah, we could, I mean, you could slice it up very, very small, very, very small houses, but. Yeah, I guess I did not recognize that this was an overall, this development goes back, I mean, maybe a decade. Probably 15 years. Maybe 15 years. So kind of just take a 30,000 square foot view on this. how many overall units were you all able to develop on this property? We all want more affordable housing. I don't mean to be nitpicking on the back end, the last parcel to be developed, but why don't you explain some of the good that was done with this overall parcel because it is a dense parcel with multiple housing types, and it's been a nice development. Yeah, I would say, oh, sorry. Pat, you're all back for a minute. Let us hear the benefit that's been provided. So at the time this house, this project was done, this is the tail end of the project, like I said. We have 491 units were built for this project. Of those, 260 are subsidized rental homes. And then we have built, and this will finish that, 103 affordable houses in this neighborhood. So at the end of the day, which I'm reading from a smaller airplane, and that math does not equal $499. Oh, it says including 260 subsidized and 103 affordable housings. So at the end of the day, we did $491 in this area, and most of them were apartment-style affordable housing, either townhouse or apartments. And are these 10 lots affordable housing? They will be. We just haven't decided how we'll make them affordable. Ms. Boxdale? Yes, I just wanted to say that when I first became a real estate agent, I was involved in the equestrian view selling of that property. and to see how that area has developed. I'm glad to see this finishing, and I just wanted to express how important it is for us to have more affordable housing and housing in which people are not necessarily stacked on top of each other, but where as a lower-income individual I can own a home that I can be proud of. I can get out and cut my yard and have the kids play in the yard and that sort of thing, And I think that answers that for a lot of people, and my hats are off to the Howland Authority for that. Thank you. Okay, thank you for that, Ms. Marksdale. One last question. Yes, sir. Will those 10 single-family houses have their primary facade facing Shropshire? Yes. So what our plan is, is we're going to have the houses moved up closer to Shropshire. So the front yards will be smaller. There will not be any driveways access. Normally in the projects that we have done, there are small front porches and other things that we may incorporate. But the actual driveways will be in the back. But yes, they will all face Shropshire to give it that active community look when you drive down Shropshire. And will they have front porches? Possibly. A lot of our designs have. But once again, we've got to get into, once we get this approved, our next step will be to start meeting with builders, because we have to price out materials and other things, and sometimes, unfortunately, some of the bells and whistles cause things to be not as affordable in the homeownership arena versus what we can do when we own the units ourselves. Thank you. Thank you. If there are no more questions on the design, I'll let Tony come up and explain the changes we've made since the subdivision committee. Okay, if he needs to. What's that? I said if he needs to. Okay, well if you don't have any questions, we can be more than happy to sit down and be quiet. I'm going to leave it up to the commission if you want to hear it. I see heads are shaking. Yes, Mr. Barrett. Yes, sir. Thank you, Mr. Chairman. I'm Tony Barrett with Barrett Partners, a landscape architect, and this is a product of my work. I think it's a good plan. I think y'all ought to approve it. Should you help me go on? I've made, I had initially 23 conditions for approval from staff, aside from the concerns about the tree preservation and taking the tree preservation and the street, Street A proposal into consideration, the interest in making it one way. Parking, no parking, and how that suited the neighborhood subdivision. I submitted a revised plan addressing many of those conditions. I narrowed the street from 24 feet to 18 feet since it was going to be one way. It didn't need to be that wide. I initially anticipated it being two-way. I can appreciate the interest in making it one way going from 5th Street to 6th Street by being one way I was able to reduce the width I kept the right of way the same so I pulled the the street forward towards the houses and leaving a 15 foot open area along the adjoining rear property line of the on the on the alley on the street a and designate it 10 feet of that 15 feet i mean it it could all be tree protection area but i designate it 10 feet of it to be tree protection area i figure i'll need five feet to do some grading and equipment so we can establish our our protection fencing at that 10 foot mark and build the road that does a couple of things that it protects the trees on the property line but also further protects the trees on the adjoining properties on Pemberton so you don't have a you have a good backdrop of trees for the new development I denoted that we've been to the Georgetown the Royal Spring aquifer protection area we met with that group they had no recommendations for for improvements to protect the wellhead for their drinking water and there were some other minor issues denoted on the plan we went to the board of adjustment i identified the the date of that and the reference and just pretty much addressed 10 of the 23 conditions for approval the I asked Austin Sims just a few minutes ago when bluegrass aspendale was originally developed and that was 1938. I suspect these trees were planted as a part of the development of bluegrass aspendale and I don't know, you know, we don't know the folks that are going to be moving into these lots. we do know that they'll be lower income they'll be purchasing a home that for all of us is our greatest investment probably and what I do know is where I live was developed in 1937 and I know that because in the archives here I found an aerial photograph from 1937 and my house is on there with the basement dugout which is pretty cool and when I bought my house 32 years ago or so I had seven trees seven large trees on my property that were probably from 1937 because I've got a photograph of my street in Chevy Chase with street trees that are what we're planting today for street trees and that's what was in i had four of them in my front yard 50-foot lot same size lots as these and i had fence row trees in my backyard and what have i done the past 30 years is i've cut down seven or six of them and i've got a contract out to cut the seventh one down because i'm tired of picking up dead branches out of the front yard. One of them fell over my neighbor's fence. My neighbor, I came home one day from a UK baseball game. It was a, must have been a nice day because I don't go to baseball games on bad days. And I remember it clearly. I came home and their tree was in their front living room. And fortunately for them and for me uh that's a burden but i can afford to do that and uh and i can uh you know that's in my budget i guess uh we leave we preserve these trees same age as what i removed over the past 30 years these folks are going to be faced with the same thing and i just when you have an opportunity to prevent that. I think you take advantage of it. We're going to replace trees with new trees, younger trees, obviously. Put them in the right place relative to the house, relative to the yard, relative to the species. Those will all be selected out based on proper landscape practices. so you know we I'm not worried about the trees on the other side of the of that property line because I don't think we're going to be impacting them so much if we save these trees around these houses that are going to be built they're going to be impacted they're going to be compacted you know they're they're they're groundwater around them is going to be impacted and that takes an effect on the tree and these are they're nice trees but they're with given the intensity of the development around them they're going to suffer and I just hate to impose that on somebody who's just finally been able to get their own home and that's it's not something that that they're gonna be able to afford. So I kinda took that as an approach through the process and that's the balance I had to draw. So that's kinda my rationale for where I think we have a justification to do as the plan is proposing. I think it's the mix. I like the head start directly across from the William Wells Brown School. I think that's a great relationship. The house is fronting Shropshire Avenue with the circle there. I think that's a great placemaker imagery with those houses. pulled up to the street fronting that circle in the street across the school across the street. The street A has taken the driveways off of Shropshire Avenue. When I started laying out the design, I think that was the first thing I did. I just couldn't envision having driveways lining up along that circle. It just didn't make any sense at all. So street a kind of kind of set up the structure or the bones of the of the development and everything worked from there. So that's what I have to add. And I'll be happy to answer any questions if you have any. Thank you. Any questions, commission members? Thank you sir. Thank you. Thank you. Do we have any citizens that would like to speak on behalf of this particular application? We have one. Good afternoon. I'm Billy Mallory and I am director of the East End Community Development Corporation that was created by the East End Small Area Plan. I like you, am a full time volunteer. I don't get paid to do that. We are very grassroots efforts with boots on the ground, literally. And I'm very disappointed that somebody else made the decision that residents did not need to be have any kind of public engagement. The housing authority did have a public meeting when they talked about the townhomes they were going to put up on race street because a zone change was requested. We had citizens who showed up and were extremely complimentary and welcomed that development. It was mentioned that another development was going to happen on Shropshire, but it was a way off and that there would be a meeting for that. But I'm just really disappointed in that process. And I am in no way in opposition of this development. And in full disclosure, I benefit because I live with the housing authority. I lived for 10 years in the Hope 6 development. I was one of the very first families that got to move in there with my disabled son. It is an absolutely wonderful development that has been very well taken care of. Prior to that, I lived on Martin Luther King. So I literally watched that neighborhood grow up. I watched them build the school. I watched them build Hope 6. I watched all the houses in Equestrian View. That part of the neighborhood has stabilized, and it is a good mix of rental and homeownership. And the school has served, because it has all this wonderful green space around it, has served as a natural buffer from a lot of some of the other stuff that goes on in the neighborhood. And I was really concerned and when there wasn't going to be a public meeting, I did submit a list of questions that somehow got lost in the process. And when I showed up for the board of adjustment meeting on Tuesday, they were kind enough to step outside and answered most of those questions. But I'm only one person. You know, is it my responsibility to go tell everybody in the neighborhood, you know, what's coming to their neighborhood? Because this is a very significant impact. We're talking about adding a subdivision, adding a street, adding a child development center that will largely impact traffic that, you know, needs to fit into the neighborhood and integrate. And I'm sure that that will happen over time. But no, it was not required that there be a public meeting. It was not required that there be a traffic study. It was not required that they look at the crime data. But you know what? That's what we do. For the last six years, we have tracked the crime data. We have tracked all of the property sales in the East End. And yes, the East End has been gentrified. And some of it for the best equestrian view hope six. William Wells Brown has definitely been for the betterment of our neighborhood. And I believe this Nate, I believe this addition will be as well. But that doesn't mean that we don't have concerns. And that some of those concerns were expressed. But since Tuesday, there have been some changes made. And I can tell you that I spent an hour standing on the corner of 5th and Shropshire to count the traffic. From 7 to 8 a.m., that is when the school, that's when most, that's the school arrival time. William Wells Brown is an early start school. There are 100 vehicles that come through the intersection at 5th and Shropshire. Not just cars, not just parents that are dropping students off at William Wells Brown. There's a lot of pass-through traffic, including big trucks, including LexTram buses, school buses. That is not to say the Head Start should not be there. But they need to be well aware that there is a lot of traffic that comes through there. If they are now expanding to 100 students, that means the possibility of 100 more cars. And again, I know community action. I know the quality education that they offer. We would welcome them there. But if no traffic study was done, somebody is going to need to look at traffic calming, signage, possibly lighting. But I can tell you there's going to be a huge traffic impact at Fifth and Shropshire. The other concern that was expressed was about the overall safety. I'm sure that it would be no surprise that the East End is often in the news about shootings. We've had quite a number of them on every street in the East End. No street has really been safe, but I can tell you that Equestrian View has remained very safe. Hope 6 has remained quite safe because I can tell you that the Housing Authority doesn't tolerate. They don't play. They don't tolerate drug activity. They don't tolerate a lot of people coming in who don't live there. And so it has been controlled. But also, for several years, every weekend, they hired police patrols to be sitting there. So those residents got the message. I lived there, so I know. I got the message. Don't play. We're not going to have it here. This is not what used to be Bluegrass Aspendale. This is a new kind of place, and we're going to keep it nice, and they have kept it nice. But my concern is making sure that there is built-in security. We had concerns about the trees. Yes, there are lovely trees on that lot. It's an absolutely beautiful pastoral lot with trees that are probably over 100 years old. My concern mostly is for the trees that are along the back of the lot that runs behind Pemberton. Pemberton is not the safest street in the neighborhood. And I actually walked Pemberton on Sunday morning, and it is a one-block street. It has 34 homes, 29 of which are rentals, 12 are vacant, and we have four that are owner-occupied. So I can say yes to everything that Brandon said. Absolutely, we need affordable housing. Absolutely, we want owner occupied housing because it makes a difference. They take care of their properties. They care for their neighborhood. So I have no problem with the design. I have a concern about there being an alley because in the inner city, Hallies are not usually a good place. They usually attract criminal activity. They attract trash and dumping. So again, that area has really got to have an eye on it. And I would really recommend that the developer work with our commander, who has a very good handle on the safety and security of the neighborhood. can help with the safe by design standards and make sure. Yes, there need to be cameras at the corners. Yes, there needs to be extra lighting. You know, the East End has gotten, I've said this and if you don't understand, the East End has been lit up. The East End used to have old street lights, really dim. Couldn't really see much, even if you were standing right under it. Those have been upgraded. If you ride through the East End now, it is lit up like Vegas. And you know what? We're glad for that. Because people don't tend to do things that they shouldn't be doing when lights are on them or when they know that cameras are keeping an eye on them. So in no way do we oppose this. But since Tuesday, I have done two studies, and I will give a copy to the Housing Authority and to the developer, where we have narrowed down the crime data for two square blocks of the crime that has happened since the first of the year. We want everyone to be safe. We want our residents to be safe. We want these precious children to be safe. But you've got to be aware. You've got to be aware of your surroundings. So let's not be lulled into, oh, this is a beautiful pastoral setting. There's these beautiful homes over here. Yes, but you still have to know your surroundings. We also did the housing survey. And, you know, we know exactly how many owner-occupied homes we have, how many are rentals, way too many vacancies. And, you know, that's not good for any neighborhood. So we welcome this development. You know, we would just really plead with whoever makes the decisions that when you're coming in to have an impact on a neighborhood, could you please include us? Please let all of us be a part of that because you know what? People who are included, they're going to be invested. I can tell you I'm going to be one of their very best partners. I'm going to be one of their very best supporters. because I know what they bring to the neighborhood, but I also want them to know the neighborhood that they're coming into. Thank you. Thank you. Do we have anyone else that would like to speak? Council Member Brown? Council Member, I was told since you are used to this, you get three minutes. Good afternoon. If I go past three minutes, it'd be a first. I normally don't take that much. Now, I just want to speak in favor of this project and its development. It's been a long time in the making, a long time in the coming. This is really a collaboration between the Housing Authority Community Action and LFUCG. And I'll also say Congressman Barr has had his eyes on this project as well. This really has the opportunity to help stabilize the school. The school and the neighborhood is the focus here. There's challenges with the school. There's been a lot of resources, a lot of efforts put towards making and helping William Wells Brown Elementary be successful. And I think they have been successful. but I think the way to really stabilize this neighborhood in the school is to have an early childhood head start facility nearby targeted and intentional and focused on the neighborhood because this is a neighborhood school a lot of I don't know the specific numbers but I think only two buses may come to that school if any the rest of the kids either walk or get dropped off so they're right there in that vicinity so adding this type of resource right there directly and I shared or view shared or I shot from the school will be transformational for the neighborhood. The other thing that this development brings to the neighborhood is stability in regards to affordable home ownership opportunity. There is some conversation about how the East End is changing, how displacement is taking place how more higher rents and more rental properties are there in that neighborhood and I think this is an opportunity to provide home ownership opportunity that gives neighbors and folks that want to stay in this neighborhood the opportunity to stay in this neighborhood and build wealth so we can we can talk about the design of the houses we can talk about the lot whiffs and and that sort of thing but I think there is a market for for these type of houses and the big yards. I did have some concern about the changes in regards to the access road behind the houses. I don't want to call it an alley. An alley carries a stigma. I think the intent was to make it wider, to be able to put more lights, to put more amenities on it so it doesn't become an alley where activities that we don't want to happen behind houses happen. But I think this is an effort on the developer's part to try to address the concerns in regards to the trees. And I'm a supporter of trees as well, so I understand that and appreciate it. And I've talked to Mr. Sims, and he has convinced me that he is willing to work with whatever partners, whether it's Trees Lexington, the Trees Board, to make sure that whatever trees come down gets replaced in some form or fashion. Tree canopy is important in that area. This area, I don't know if you're familiar with that round, the big median. It's a median about the size of this room right between the school and those houses. Trees Lexington and Heather Wilson with the city is working to come up with a plan to increase tree canopy right there in that area. And I think there's also an opportunity for the housing authority to be part of that collaboration as well. So I would like for this to move forward at the commission sees fit. There's a timing issues in regards to funding. There's a lot of federal money out there that could be applied for with community action and probably as well as the housing authority to address this census track and some of the populations that have been negatively impacted by the pandemic. And then also, and I'll share this. I grew up in Charlotte Court. It's on the other side of North Lexington, housing development. As a young professional or a young man, I seen the housing projects get torn down. It was kind of sad to see the place that I grew up kind of get torn down, get demolished. But as a young realtor, I was excited to sell a house back to a first-time homebuyer in that neighborhood and that development. In that effort, I think the housing authority showed an intentional effort to protect trees and make sure that trees, the mature trees stayed in that neighborhood. So they do have the ability to do that. And then the lady I sold the house to, first-time home buyer, had young kids at the time, single parent was able to get a large yard in downtown Lexington and what used to be a stigmatized neighborhood and had the ability to buy a home, build wealth and raise her family and I actually ran into her last week she works at Lex Tran doing great still in the house and is so thankful for that opportunity so that makes me proud to live there and see what it was to see what it's become and how it's helped somebody improve their situation. So those success stories do exist. So that's all I had to share. I might have went past three minutes, but it'll be the first and last time I'll do that. Yeah, thank you, Chair. If anybody can slide, you can slide. Slide. Now, do we have anyone else in the audience that would like to speak either for or against this particular agenda item? Ms. Clark? just to drift around Do you have to turn it or can I? You turn it? Okay. Then go ahead and please turn it to the next one. Good afternoon and happy tree week. I have celebrated tree week before the board of adjustment on Monday and I'm here again today. This is the lot in question and what you're seeing is Pemberton to the back. and of course Shropshire along the front. And you see a great many trees here. I am here to ask that you support absolutely everything that's about affordability and home ownership and housing for those who need it. I can agree that the density could have been differently handled, but also that yards are very welcome. What I would ask is that you think twice about granting a waiver for this really unexampled road. There's nothing like it. Alleys in the area are 12 to 15 feet wide, maybe. This is 18 feet of roadway, and an additional, it all adds up to 39 feet. It has constrained the yard sizes here very considerably. The Board of Adjustment on Monday took 25 feet of yard depth, largely because it was needed for that road. Alley issues with safety have been mentioned. And if you could go to the next couple of slides. Okay, good. what's written on the plan is that there are existing trees to 15,000 plus square feet and every square foot of that is to be removed now that's provisional, I think I see one that they're leaving proposed trees that must be added, they are required would add up to 40,000 square feet so that's taking away all the old trees and adding even a great many more new ones next slide please I actually jumped past that. This is the immediate area. You will see streets. The alleys are very hard to see because there are very few of them, and they're very narrow. They're 12 feet wide. This is the equestrian view, and you are not seeing many trees. There are more in the arbors, the other development they referred to, but I'm not seeing trees. So back, please, to the slide that was the plan. Thank you. Okay. The blue dots are trees, mostly black locust. There might be one hackberry. The red dots are oaks, red oaks. There might be one pin oak. and what you're seeing is that the public street that they proposed to cut through and then above that you see the tree protection area which is 10 feet wide and it immediately borders the back lot line of Pemberton. What they've offered is a tree protection area, a 10-foot wide strip that has at the very end the red dot one tree in it to preserve. It can serve for canopy, I suppose, but if you think about what we want in a tree preservation and a tree protection area, we want to protect and preserve the greatest number of trees and to design for that both individual significant trees, and those are the red ones, and stands of trees, the grove of black locusts that can be significant as well. And this is what the subdivision regs calls for. To me, it looks as though they have put the green buffer up against the backyards of Pemberton. They have said they have an intent of having rear parking. And they told me, and they can say for themselves, garages along the back, if you will, alley. Maybe two car, maybe one car, they couldn't really say. So what I'm seeing is that it's not affordable housing that's getting squeezed. It's the trees. And if that road instead furnished the circulation for the daycare and access to parking along the front, along Shropshire, where the road widths are very much bigger than where they are furnished with sidewalks, it's a proper public street. There'd be more room for trees and yard there. I would ask whether it's envisioned that since this is a public road, both the Pemberton side of the street and the Shropshire side of the street will be allowed to have access to it. That would be two streets with through lots. To my mind, it's a waste, a terrible waste, really, of good land, and it would take out the trees because those that aren't taken out by the road itself, and that looks like one, two, three, four, five, quite a number of them, would be taken out by the parking sighted along that rear alley. To me, this is a very, it's sort of a suburban concept, gone urban in a strange way, to cut through the back lot line this tiny little road. I would add that there are 22 public parking spaces delineated, that's the purple stripes I've added, delineated, painted on the street along the front. And they're not used at all. So we have other areas downtown around Maryland Avenue and so on. And curbside parking is at a maximum. And people have asked for permit parking, and they get that. And so at this point, it just seems to me too much is being offered to cars, two cars per house, that may never materialize when there's already roadway available for them. I don't want to go on forever. I do want to point out, too, the circulation for the daycare and the parking lot for the daycare. daycare and really it's right to call it a child development center and nothing could be more welcome or more long sought in this neighborhood Than a head start program for children under three to really fill a very important gap The parking lot It the requirement would be 12 spaces. They have tripled that It actually enlarged since the plan probably the subdivision committee saw the other day There was almost twice as much play area. So they have 36 rather than the 12 required or something in between. And I would ask about the stacking. Do you need to have stacking for daycare drop-off? I'm assuming they come in, well, because it's a one-way street. They'll come in. I'm not seeing much stacking at all. Where do they drop off? Is there a little island for the children? I'm not seeing any provision for that. So I would ask you to think about whether this road is warranted, whether the width of it is warranted, especially whether the green space should be shuffled over to the Pemberton side, and does it mean they don't get access to a public street? Why shouldn't the green space be on the other side? Is the rear approach appropriate in that it will take out all those trees? and with the safety considerations about a rear alley altogether, which Ms. Mallory raised, I think it really gives pause. Now, the request for the waiver said there are two good grounds for it. One is that it's infill. Well, this is infill on a piece of bare land. It's been cleared already. The other is it's creative new design. To me, it looks like the same sort of over-parking that we're trying to be creative and really get rid of. So I would urge that you not grant the variance to the subdivision waivers to put a substandard road in that it has no sidewalks along the rear lot line and compromise the trees greatly. And there's one more thing to say. Where will the new trees go? if the front yards are shortened to put in that road along the back, if there are going to be rear driveways and garages, where are those new trees going to go? So thank you for giving me the time to address you, and thank you for doing what you can for the trees in our city during tree week. Thank you, Ms. Clark. Yes, you come up. Good afternoon. My name is Sharon Price. I'm the Executive Director for Community Action Council. I wanted to come up because we are developing a partnership with the Housing Authority to make this dream come true. This has been a very passionate conversation that's been had today. But one of the things that has honed in with me and is sticking with me today is the concept of the greater good that was referenced earlier. I don't want you guys to think about this individually when you're thinking about the concept of this. To think about a child development center and then affordable housing. The beauty of the way that this works is that it is all linked together. Many of you guys may think of child development as what you know when you think about a for profit daycare where parents come in and drop their children off and we don't see them again until they pick up. That's not what Head Start is. Head Start has the early childhood education that happens in the classroom. But Head Start also understands that families cannot move along that continuum without someone supporting them. So we look at this as a two generational approach. We're not just going to be working with children at that child development center, which we will call the prep academy. We will be working with the children and those families because working with them independently will not get them in a better place for them to be better where they are next year than they are today. And when we talk about the greater good, I am not just talking about a daycare center where you bring kids in and early childhood interactions are not happening and growth and concepts are not being taught there. That is not what we are proposing here. We know the need that is in that area. We have been partners, we actually have two classrooms in the William Wells Brown school. So Head Start is not new to that area. What we want to do is we want to link that and build that stronger connection. So it's seamless when the children leave the prep academy and they go into William Wells Brown. We all know that we're talking about test scores. Test scores, I hate test scores, but I love children and I love people and families. And if that means that we're looking and we're identifying schools in our neighborhood where our children go to school, we need to do everything possible to give them the best chance that they can have. So when you're thinking about the arguments for and against the parking, We are not putting as many children in a classroom with as few adults and educators as possible. We're doing exactly the opposite. We're putting as few children in a classroom and as with as many adults as it needs to prepare those children. So when they leave here and they go to Fayette County, they have a better shot at success and being successful with their peers. So when you guys think about it, I implore you to think about it collectively and not individually. Because the families that are going to be living right there, they're going to be going to this school. And because you live in a certain zip code, should not determine the trajectory of your life. And so that's what I'm thinking about when as I sit here today, and I'm thinking about the greater good. think about the greater good here being the families that live in that area and so i applaud you guys and i thank you guys for your consideration um in in this entire project i think this is going to be a great thing for our community thank you thank you not seeing any applicant do you want to come up for a rebuttal I don't have a lot to add. I'm very fortunate to have such great speakers as proponents of this plan come up before me. So I did want to address one thing that came up with Ms. Clark's presentation. We will be having street trees on both the Street A behind the houses and also on Shropshire since they are public streets. Both will have street trees. And also as to the tree protection area, while there aren't a number of trees in that area on our side, that area will protect all the trees that are running in the fence line on the houses and in the backyards of Pemberton. That will help them survive any construction. And also I wanted to mention there will be street lights along the street ages because once again it's a public street. So that's really all I heard that I wanted to respond to. If there are any more questions, I'm up here. Hearing none? I appreciate your time. Thank you. Citizens? Any citizens who would like to speak up again? Okay, thank you. Staff? Anything else? If you don't have anything, you don't have to. Just one thing, not even a point of clarification. Staff did a little research, as we always do, and that sort of thing, and I happened to come across something called the Urban Forum Standard, a scale calibrated system of land subdivision. And it said this, alleys are the unsung heroes of good urbanism. I wanted to share that with you. Thank you, sir. I'll bring this back to the commission for further questions. Any additional questions, concerns, we do have revised staff recommendations and a waiver request. So the floor is open for a motion as well. If there's not any further questions. Mr. Chair, I'd like to make a motion for approval of PLNNJDP 2143 with its 13 conditions. Okay, we have a motion and a second by Ms. Boxdale. Any further discussion to that motion? Okay. Please vote via Granicus. Okay. Motion passes unanimously. We're going to take up the waiver. I'd like to move to approve the waiver request for PLNMJDP 2143 for the two reasons as stated by staff. Do we have a motion? Do we have a second to that motion? Ms. Boxdale seconded it. Any further discussion? Okay, please vote via Granicus. Okay, the waiver passes unanimously as well. Thank you. Thank you. All right. Okay, so that should put us still on page four, PLNMJDP-21-44. We do have revised staff recommendations. It is on the green sheet. Right here. Okay, Cheryl. Hi. Hello. We're going to move to. Hey Mr. Gross, you the only person out here back there. we're going to go to Maple Leaf subdivision this is located at 3100 Maple Leaf Drive this is at the corner this is Manowar Maple Leaf last month or so we did multiple family housing up here in the Carmike so now we're coming back. We're in this location right here at the corner. There's a gas station. Why they're coming back? They were recommended for approval at the subdivision committee, but then they turned around and told us that they were adding a second floor, and so they're adding additional square footage and changing the configuration of the drive-through. So they came back with a revised plan. we have revised conditions which are on the lime green sheet and so they're the first eight are our typical sign offs and like I said the revising the plans we want to make sure that they include in the purpose of amendment that this isn't adding an office and a dwelling unit on the second floor and with this being in the B6P zone. We also have addition of a multimodal plan for article 12-8 of the zoning ordinance. This is to show sidewalks and connectivity to the main roads and so with that I'm going to open it to you if there's any other comments or questions. Any comments or questions for staff? nice seeing it thank you applicant tony barrett with barrett partners landscape architect the uh i don't really have anything to add but with regard to the multimodal plan i did add the uh the improvements proposed for crossing Maple Leaf Drive from the apartments being proposed across the street. I think that was pretty much addressing that. I identified the bus stop on Manowar, which is just to the south of the property, and extended a sidewalk out. So I think we're pretty good with that. Otherwise, I'm in agreement with the conditions for approval, and I ask for your support. Okay. Any questions for the applicant? Not seeing any. Is there anyone who would like to speak on behalf of this particular agenda item? Not seeing any. Okay, we'll bring it back to the commission. The floor is open for a motion based on the staff revised recommendations. Chair? Yes sir. I move for approval of PLNM-MJDP 2444 Maple Leaf Subdivision Lot 3 with the 10 revised conditions. Thank you. We have a second by Mr. DeMovulin. Any further discussion? Okay. Please vote via Granicus. Okay. Motion passes. Thank you. All right. So, following my handwriting, we should be on page 7. PLNMJDP-21-53 Greendale Hills. Thank you, Mr. Chairman, members of the Planning Commission. Yes, indeed. On page 7 is Major Development Plan 21-53, Greendale Hills Unit 3. and this is a b6p planned shopping center area that is located out at on malundi way and here we have Lucille Drive a collector that runs a north and south through the development in this area and the neighborhoods from spur down to least town we have Greendale Greendale and collector street an old rural street as you know in this area it's slowly being brought up to standards as things get developed with Greendale. Malundi is constructed and then comes to this street at this location it is not completed as yet this particular development this proposal will complete the construction of Malundi here it is just built to this point and to this point now again this is B6P planned shopping center and what you see before you is a residential proposal this is the second one you've seen since we've changed the regulations out maple leaf at the theater property you have seen that B6P proposal for residential you can see the buildings are proposing to at this location and then two here and two in the rear there's a total of 144 units they are proposing access off Malundi at this location and this location into the property and then they're utilizing an approved access point on the previous plan at this location again to provide parking to the rear of these buildings you have a lot of open space green space that you can see surrounding the buildings this is a clubhouse with a playground associated with it for the residents now this is still part of this is still a preliminary plan they are only bringing in the final development plan for the residential portion these are intended to be developed in the future as commercial properties so there's there's a big reduction in this plan the current plan has all commercial development commercial buildings throughout the development they have office buildings in this location in this location they actually have proposed a a convenience store with gas pumps on the approved plan. So what you do see here, again, is a proposal to utilize this B6P property for an apartment, primarily for an apartment complex in this configuration that you see before you. This was, as you know, available to be on your consent agenda. It has your standard approvals. Again, there's some other conditions. There are conditional zoning restrictions that were placed on the property on previous plans. Denote the location of the transit stop. That's important because B6P requires a multimodal plan by pedestrian. You can see they have good orientation to the street. They have sidewalks. They've shown openings from the buildings. buildings they did supply staff with renderings demonstrating their compliance with the multi-family standards again there's a good pedestrian system that they're proposing there's bicycle parking that is being proposed as well there is a transit stop in the area we just want it designated on a plan they have informed us that they've talked with lextran about the possibility of an additional stop to to serve this development so again this plan was reviewed by your staff and your subdivision committee your subdivision committee did recommend approval of the plan i will point out that this access will take you here and this will serve this commercial development to the rear there will have to be an access easement created when this property is platted to provide the adequate access to the commercial properties on the current plan there are multiple access points along the lundie so they have greatly reduced the access points to two on this oops on this side and and again there never there never was one on this side it was all back here but again so they've reduced their access points they have proposed on-street parking and they're going to do traffic calming with some bump outs and and to help calm traffic but they they specifically asked about on-street parking well on street parking is legal unless signs are put up restricting it and that's true on all of our streets and right-of-ways of a collector in local streets so again they they actually asked for that it's public parking it's not assigned to them per se but it was we found it was an interesting interesting aspect to their request for this particular development with that staff again your subdivision committee recommended approval and we'll be happy to answer any questions you may have for staff any questions for staff Thank you, Mr. Martin. Thank you. Good afternoon. Erin Hathaway with Gresham Smith representing Beargrass Development. Tom went over most of the basics of the plan. I'll just reiterate a couple of items. The developer has a really good urban planning intent in mind here. here by orienting the streetscape of Malundi to be an active streetscape. As Tom mentioned, we came to staff with the proposal to add on street bump outs, bumping the curves out to provide traffic calming and shorter crosswalks for safer pedestrian access. We've even worked with the technical committee to add a mid block crossing that also doubles as a emergency access for the fire department or EMS at those locations. We did meet with Fred Combs with Lex Tran last week, last Thursday, and he was in support of a new bus stop in this location. If the route allows for that circulation and timing, and he is looking into that. We even talked about specific location on the site where that bus stop could go in the future. As Tom mentioned, we do have bike parking, good pedestrian access through and around the site. As he mentioned, street parking is already there. We're just enhancing that experience and providing traffic calming measures. As you know, with a B6P, there is no parking minimums, but there are parking maximums. So our plan actually is below the maximum. and let's see we also another thing I wanted to mention was the applicant has had two public meeting meetings virtually we had a lot of local residents attend those and we had great feedback from their interest in the project you know they all were very supportive of a little local restaurant and the commercial plan for the future and with that I'll take any further questions you may have any questions not seeing any thank you oh sorry sorry mr. poe could you explain the way in which the property does not engage Greendale on the um i guess the east side of the property yes uh currently there is a quite a bit of grade change coming down from greendale into the property um so there's uh you know quite a drastic setback there there's also some utility easements that's why the green and our property line kind of stop before the the road the other thing we we spoke with the subdivision committee and there was a request not to have any vehicular connection to greendale from our parcel so that's limited so what happens to that little that chunk of property there that's a public right-of-way easement it's landscape thank you Thank you Mr. Pol. I'm not seeing any other questions. Thank you. Thank you. Do we have anyone in the audience that would like to speak on this particular agenda item? You can do so by stepping up to the podium, sir. My name is Jim Baker. I own the property adjacent to this on the north side. I have about 700 feet of borderline. I have a problem with the whole development. The whole neighborhood out there, I was one of the original developers and still am of Masterson Station, developing land from Leastown Road to Spur Road, approximately 600 acres. I've tried to guard against this sort of development on adjacent properties, and this is the worst thing as far as I'm concerned to come to the whole area and the neighborhood. I have names of several people that I'll leave that are opposed to zone change as well. I have all kinds of problems. I need to know the square footage of the apartments, the amount of rent that they're going to charge, Whether they discriminate against people who make more money and for some reason they don't want to rent to them because they make too much money. I have a problem with that. No street parking. Melundi is a collector street. Lucille Drive is a collector street. There's no monitoring of speed bumps or anything within the whole 600 acres that my partner and I developed. We don't need any street parking on a collector street. The development plan itself shows one parking spot per apartment that's based on the information I have. I'm not sure how accurate it is because I think the square footage of each apartment is 1,200 square feet. I don't know if it's one bedrooms, two bedrooms, or three bedrooms, but I'm currently building some very nice townhomes, all brick, adjacent to this property. I plan to build approximately $6 million worth of them adjacent to this property. More than that, on another street is part of this property. I own 24 acres of land that either is semi-developed, 10 acres is totally developed, and I own an additional 14 acres that I include to develop in the future. I would like if this development plan is passed I would like for you to postpone it so the neighborhood could get more involved and find out about this development plan most the people out there were under the understanding that is going to be a shopping center when I bought the property right next door which is several years ago I was shown that there was a development plan for a shopping center. Now they want to come in and put affordable housing. Affordable housing I don't agree with. Probably everybody in this room bought their house, they got a job, they saved their down payment, they bought a house. I've been in the real estate business for 50 years. I've developed, I've appraised, I've built townhomes. I'm currently building townhomes. I've built single family homes, all of which were 100% brick except for the trim. I want a fence. If you decide to pass this, I want a fence, a solid fence, put up between my property and their property, approximately 750 feet. I would like to have the dumpster moved from being butted up against my property, shown on the development plan. The commercial property is dysfunctional and I don't think it'll ever appear. They have poor access from the plan they show. They don't have access off of Greendale Road. They show the commercial backing directly up against Greendale Road, which is going to be unsightly to the people who live across the street. I know of other areas where they put in government, I call it all government housing. I'm against government housing. I know of a polo club. They put in Section 8 housing. I know a personal friend that moved and sold her house and moved because she's afraid of living there. I know another man who sold his house and lost $20,000 because the government allows Section 8 housing, which I'm against as well. I'm against government housing, subsidized housing, affordable housing. The detention basin, of which myself and my partner put in probably 80 acres of detention throughout the subdivision of Masterson Station. I want their detention to be retained on their property alone and not utilize any detention that I have been responsible for putting in. All the detention that I've put in for every acre that I've developed serve the acreage that I developed, and that's the way it should be. And I'll say this last one thing. All the people who work are tired of paying for the people who don't work. And these people that are going to live in these apartments, from what I understand, they're going to be subsidized. Even the mayor says she's trying to come up with $10 million to go toward affordable housing. I'm against affordable housing. Affordable is save your money, buy you a house that you're going to afford. That's what affordable housing is to me. I thank you. Are you going to submit those signatures? Yeah. That's right here? Yes, I am. Do you have any questions of me? No, sir. Thank you for your time. How are you doing, Mr. Schrader? Mr. Commissioner and members of the commission, I'm Jamie Schrader. I'm with Schrader Commercial Properties, and I represent Greendale Properties, LLC, which is the owner of the property. I'd like to speak very briefly in favor of approval today. I'm kind of glad we went last because there's been a lot of discussion about affordable housing during the course of the meeting. Tom Martin, a couple of times, I think he mentioned the need for affordable housing and how important it was in his comments. Just a couple of things for clarification. The B6P zoning, principal use, item F, multifamily dwellings. We're not talking about a zone change. It's already been deemed appropriate for this zoning, B6P. The second thing is, you know, it's pretty basic. Let's go right back to the comprehensive plan. The very first item, theme A, growing successful neighborhoods. It's right on there. Pursue incentives and regulatory approaches that encourage creativity and sustainability in housing. Accommodate the demand for housing in Lexington responsibly. prioritizing higher density and mixture of housing types plan for safe affordable and accessible housing to meet the needs of older and or disadvantaged residents item d create and implement housing incentives that strengthen the opportunities for higher density and housing affordability checking all those boxes with this development there's not a shopping center there because they're not demand for a shopping center if there was going to be a shopping center there it'd be there right now and you'd be buying groceries there is demand for the front piece for commercial development but what's going on this is the highest and best use it's already zoned it's appropriate it's an objective of the fayette county planning process to have affordable housing it works. It's right. I recommend approval. Thank you, Mr. Schrader. Tony Barrett, Barrett Partners. I'm here on behalf of Lois Wright, partner of Greendale Properties. I've worked with Lois for the past 20 years on this property, rezoned it in 2001 to R4 and B1 or R3 and B1. She sold the R3 property to Ball Homes and they developed the residential houses around the property and she retained the approximately 10 acres of the B1, marketed it for several years, many years, with no interest. There just weren't enough rooftops out there at that time. She started getting interest. She had several interest in gas stations, but she didn't want to do that initially. We rezoned it B6P in hopes of broadening the potential users. and and it worked I guess so we now have uh bear grass development coming in and proposing the housing and maintaining a commercial element on the corner I think it's appropriate location for affordable housing there's jobs right there at the industrial park right over their railroad track within walking distance short bus ride so that whole Jaggy Fox 8-way innovation drive area would be appropriate schools are right there in Masterson station and on Sandersville Road so it's a good location for it there's facilities for it the Graham you had asked about the little area there the triangle there that was the residual right-of-way when they took the s curve out of Greendale if you remember the city and I guess the state during the development of citation Boulevard they took that s curve out and that's what resulted in that we was right tried to acquire the excess right of way there but there was uh utility uh work in there and they wouldn't uh transfer it so there's a little bit of storm sewer service in there with regards to the retention area when ball developed the residential component the the retention basin for the commercial property was developed at the same time and that has been reserved and designed for the use of this property so they have a right to it and it's sized for it and they may have to do a little modification by current standards i don't know that would have to be looked at but that retention basin is intended for this property and was part of the original piece of property that was developed So I support the property or the proposal and I appreciate your support. Thank you. Thank you. Questions? Any questions? I see any. Thank you. Our applicant, do you want to make a rebuttal? All right. I'll just touch on a few items before I'll invite Beargrass up here to speak as well. Just to clarify some of the things, the street parking, Malindi, it has street park, it's allowable on there already, so we're not introducing any new street parking to the site. The comment about a fence, the buffer between our property and a different zone requires either a hedge or a fence. Our plans show a hedge and trees, because our client thinks that that is a better long term, visually, aesthetically pleasing approach to the separation between the R and the B6P. and then in terms of stormwater as as Tony explained the detention should be serving this property our plans show additional underground stormwater detention for water quality purposes and of course we will be working with the city engineer to make sure that we all of our standards are up to codes and meet their their needs thank you thank you hi thank you for having us my name is Jeremy Dyer I'm with Beargrass Development and yes we're unapologetically affordable housing developers I will try to address some of the complaints that were made by mr. Baker out of respect. However, I would say that we have not tried to hide the development. We've been very public about it by requirements through KHC. We've had to notify the mayor's office, state representatives, state senators. One of the first things we did was meet with council person McCurn's office. We sat down with him and his staff, went over the plan. He sounded pretty excited about it he requested that we do some public meetings with him we did a zoom call about two months ago i don't believe i think mr baker maybe showed up late there were several people on the call we got a lot of good feedback it sounded very positive to us council mccurrin heard a couple of other objections asked that we come back and do it again for those folks we met with HOA member and one of the owners of some of the neighboring land out there explained the project to them and went through some of the questions that he had which I'll address in a second and at the end of that meeting they were also seemed pleased with the development regardless of the affordability or any of those objections. To answer a couple of the questions, it's 144 units. There are one, two, and three bedroom. It's a mix. They're approximately 850 square feet each. There was a question about discriminating against higher income folks, I think. I don't know what that means exactly, but we're not discriminating against anybody. There was a comment made up about government housing. We're not government housing. We're using a low income housing tax credit for some financing sources. That is the mechanism we use. There was a lot of discussion about affordable housing earlier and as someone at the housing authority mentioned, it's a very broad topic. There's a lot of ways to do it. There's home ownership, there's rental. One of the mechanisms we chose was this. It does happen to be rental. It happens to be rental in an area that has very high rents in the area. And we wanna give people the option to live anywhere in the city that they choose, especially in a place that has high income levels, good schools, and lots of opportunities for jobs and being able to walk to those jobs and being able to walk to services. That's why we chose to do a mixed use development in a high income neighborhood and provide low rents to those folks. if they so choose. There was comments about a fence. I think we addressed that. I would just add to that that it's just, you know, from our experience, a landscape buffer. Again, we provided the hedges, but additionally, we provided trees. once those are in place we'll have a 75 foot tall buffer instead of a six to eight foot buffer that requires maintenance. So I think long term it's definitely going to be a more visually aesthetic and maintenance free buffer zone to that property. there was a dumpster comment our dumpsters 30 feet away from the property line I think at least there are shrubs buffering that there's also a dumpster enclosure that's going to buffer that looked at the development plan of the townhomes next door that he's referencing and there are dumpster pads that are placed within 10 feet of the backyard of a single-family home with no buffering and it doesn't appear that there were any buffering provided between his property and ours originally and I'm not sure why that took place but that seems to be the case I think that's all I have are there any questions no sir thank you thank you yes ma'am I'm Lois Wright I'm the owner of 1201 Greendale Road I'd like to speak on behalf and thank you very much for allowing me to do that I ask for your support in this plan and approving this plan I've been there 44 years long before mr. Baker or or many others. We had 12 owners on Greendale Road. We had a 12-inch water line that ran down there. We had a little water pressure to even be able to run water in our houses. So I've been there a long time. 24 of those years, 1980 to 2004, we farmed it. It was an active farm. Cattle, hay, tobacco, happiest clams out there with this, and then Masterson Station, Mr. Baker and his partner Steve Hayden came in, requested zoning, planning, wanted to have housing out in that area. We weren't excited about it either, but, you know, progress occurs. We were within the urban services area. They came. Eventually they pushed, not pushed, we left because we couldn't continue farming, along with my neighbor, John Williams, who had a large equine operation out there as well. So we moved out, and since then I've been working with Tony beginning in 2004 when I sold the property, the residential portion, to Ball Homes. Here's a contract that shows off-site water retention out of the original contract. So I'm a little confused by what you're describing because it was in the original contract that this was taken care of. So we've worked with Tony. We've worked with planning. I've been in front of commission and I've been here a long time. We're trying to find a good fit for this property. This seems to be a good fit. It's a combination of residential with commercial. We need those services out there. When I was out there, it was 20 minutes to get to a grocery store. It was 20 minutes to go to North Park to get anything. The services have finally arrived, and I think this is an excellent fit. I appreciate your time and I appreciate your vote. Thank you. Thank you. Mr. Baker, do you have anything further? Yeah. No, hold on. Hold on, hold on. I thought we did. Yes, yeah, we do. For rebuttal. Yeah, yeah. Here's a question. As parliamentarian, just a process question. Do we allow rebuttal from public comment or is it just rebuttal from parties to the application. It's on page one of the agenda. Copy from our bylaws. Okay, thank you. Mr. Baker. Yes, I just found out the size of this apartments are going to be 850 square feet approximately. I'm still wondering why they allow one parking place per apartment when right behind there on my development it's required to have two I want the fence up because I feel that these people who live in this these apartments are going to utilize my parking over in my development as far as mrs. Downing's prop comment on on the off-site water detention with Ray Ball, Steve Hayden and myself put in the preponderance, if not all, 100% of the detention basin. My name's probably not on that contract or that agreement with Ball, Holmes and her. If a privacy fence is not put up, I'll be forced to put up fence myself. And depending on who moves in out there, I'll put up a fence. I'll put up a chain-link fence with razor wire on top. I don't like the development coming in, so I propose to them to put a solid wood fence up, and I'm going to landscape as well. So this landscaping and fences is two different things because people can go through the landscaping, and they can actually They climb fences as well. And again, I don't know what the apartment rent is going to be. Maybe I just couldn't hear well enough. If it's a low rent, is it subsidized by the taxpayers? And if it's a low rent, can I rent there? Can anybody rent there? Are they going to discriminate and say, oh, you make too much money. You can't live here. and that's my fear that we'll get a bunch of poor people out there and poor people bring crime that's about all i have to say thank you yeah thank you appreciate it um staff i'm not gonna ask you to say anything i'm gonna bring this back to the commission um the floor is open mr chair yes sir i move for approval of tln mjdp21 153 Greendale Hills unit 3. Okay, we have a motion. Staffs, recommended approval of the 15 conditions I've stated. Okay, thank you, Mr. Bell. We do have a motion and a second by Mr. Nickel. Any further discussion to that motion? Okay, please vote via Granicus. Okay, motion passes unanimously. Thank you. so that should put us on page eight in staff items outside of the work session next week right without mr duncan here i think the only thing to remind you of is the our work session next week which is in the phoenix building and then for our two new members we do have um training or orientation tomorrow and i have a small packet for each of you before you leave so other than And that is all for us today. Okay, thank you. And also if I may, Mr. Chair, it is next week. Yes, sir. So everyone is invited, staff's invited, commission's invited out to Mill Ridge Farm after work session to share what we do with horse hunting. I'm coming. Just to let you all know. Thank you, Mr. Bell, I'll be there. We look forward to it. Thank you. Everything else? Everybody's okay? So I was making sure everybody was all right before I adjourned this meeting. I actually reached out for people. But it doesn't matter. Just show up and have a good time. Thank you, sir. All righty. With that being said, it's 445. This meeting is adjourned.
