# Planning Commission Meeting Subdivision Items - May 12, 2022 > Auto-transcribed civic record · May 12, 2022 - **Permalink**: https://meetings.lexingtonky.news/meeting/5574 - **Source video**: https://lfucg.granicus.com/player/clip/5574?view_id=14&redirect=true - **Date**: 2022-05-12 - **Last revised**: May 12, 2022 - **Length**: 4,063 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission convened on May 12, 2022, at 1:34 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Frank Penn presiding as the meeting officer. The commission addressed two agenda items during the session, taking a total of six votes on various motions throughout the proceedings. The meeting focused on development projects, with the commission postponing consideration of the Trinity Flats project at Race and Midland while approving the Sebastian Property Unit 3 amendment. No public comments were received during the meeting, and no formal presentations were given to the commission. ## Attendance The following members were present at the meeting on May 12, 2022: • Headley Bell • Zach Davis • Anthony de Movellan • Janice Meyer • Robin Michler • Graham Pohl • Frank Penn • Judy Worth • Ms. Barksdale (arrived late) No members were recorded as absent from the meeting. Ms. Barksdale arrived late to the proceedings but was present for the remainder of the meeting. ## Votes and Decisions The meeting included six motions, all of which passed unanimously [timestamp: 00:00]. **PLN-MJDP-22-00024 Postponement**: Mr. Pohl motioned to postpone PLN-MJDP-22-00024: TRINITY FLATS (RACE AND MIDLAND) to the June 9, 2022 meeting, seconded by Ms. Meyer. The motion passed unanimously with 8 ayes and 0 nays. Voting in favor were Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Graham Pohl, Frank Penn, and Judy Worth. **Performance Bond Memo**: Mr. Michler motioned to accept the performance bond memo dated May 12, 2022 from the Division of Engineering, seconded by Ms. Worth. The motion passed unanimously with 9 ayes and 0 nays. Voting in favor were Headley Bell, Zach Davis, Anthony de Movellan, Janice Meyer, Robin Michler, Graham Pohl, Frank Penn, Judy Worth, and Ms. Barksdale. **Consent Agenda**: Mr. de Movellan motioned to approve the consent agenda as presented, seconded by Ms. Worth. The motion passed unanimously with 9 ayes and 0 nays, with the same nine members voting in favor. **Sebastian Property Development**: Mr. de Movellan motioned to approve PLN-MJDP-22-00016: SEBASTIAN PROPERTY, UNIT 3 (AMD) with the 12 existing conditions, seconded by Mr. Pohl. The motion passed unanimously with 9 ayes and 0 nays, with all nine members voting in favor. **Access Easement and Waiver**: Mr. de Movellan motioned for approval of access easement and waiver for PLN-MJDP-22-00016, seconded by Mr. Bell. The motion passed unanimously with 9 ayes and 0 nays, with all nine members voting in favor. **Meeting Dates Amendment**: Ms. Meyer motioned to approve the amended meeting dates as presented, seconded by Ms. Worth. The motion passed unanimously with 9 ayes and 0 nays, with all nine members voting in favor. ## TRINITY FLATS (RACE AND MIDLAND) [timestamp: 00:00] The Trinity Flats development project (PLN-MJDP-22-00024) was scheduled for discussion at the meeting, proposing a multi-family residential building and parking layout for 245 dwelling units located at Race and Midland. Adam Bender-Sanders served as the key speaker for this agenda item. However, the applicant requested a one-month postponement to address unresolved issues related to the project. The primary concerns requiring resolution involve the closure of Race Street right-of-way and establishing proper connection to the Northeastern Park. These infrastructure and connectivity issues needed additional time to be worked out before the project could proceed with review. The meeting resulted in the postponement being granted, allowing the applicant the requested additional month to resolve the outstanding Race Street right-of-way closure matters and finalize the connection details to Northeastern Park. The item will return to a future meeting agenda once these issues have been addressed. ## SEBASTIAN PROPERTY, UNIT 3 (AMD) [timestamp: 00:00] The Planning Commission reviewed application PLN-MJDP-22-00016 for the Sebastian Property, Unit 3 amendment. The purpose of this amendment was to revise the lotting configuration and add townhomes to the existing development plan. Key speakers during the discussion included Tom Martin and Rory Kahly, who presented details about the proposed changes to the development layout. The primary focus of the Planning Commission's discussion centered on a waiver and finding associated with the development plan. Commissioners specifically examined issues related to the frontage requirements for the proposed townhouse lots and the access easements that would serve the development. The discussion involved technical aspects of how the townhomes would be configured within the existing unit boundaries and how the revised lotting would impact the overall development pattern. The access easement arrangements were a particular point of consideration, as they would affect how residents and services would reach the townhouse units. After reviewing the amendment details and discussing the waiver requirements, the Planning Commission approved the Sebastian Property, Unit 3 amendment. The approval allows the developer to proceed with the revised lotting plan that incorporates the townhome units as proposed. --- ## Decisions - **Motion** — postponed (8-0): Postpone PLN-MJDP-22-00024: TRINITY FLATS (RACE AND MIDLAND) to the June 9, 2022 meeting - **Motion** — passed (9-0): Accept the performance bond memo dated May 12, 2022 from the Division of Engineering - **Motion** — passed (9-0): Approve the consent agenda as presented - **Motion** — passed (9-0): Approve PLN-MJDP-22-00016: SEBASTIAN PROPERTY, UNIT 3 (AMD) with the 12 existing conditions - **Motion** — passed (9-0): Approval of access easement and waiver for PLN-MJDP-22-00016 - **Motion** — passed (9-0): Approve the amended meeting dates as presented --- ## Full transcript I'm going down to the well tonight and I'm gonna drink till I get my fill And I hope when I get old I don't sit around thinking about it But I probably will Yeah, just sitting back trying to recapture a little love of Gloria Well, the time slips away and leaves you with not a mystery It's boring stories of glory days Yeah, they'll pass you by glory days In the wind of the young girls' eye glory days Glory days Yeah, they'll pass you by glory days In the wind of the young girls' eye glory days Glory days Oh, yeah Keep it rockin' now Keep on goin' We got the home now Bring it home Yeah Bring it home They read you Cinderella You hoped it would come true That one day your Prince Charm Would come rescue you You like romantic movies You never will forget The way you felt when Romeo kissed Juliet All this time that you've been waiting You don't have to wait no more I can love you like that I would make you my world Move heaven and earth If you were my girl I will give you my heart Be all that you need Show you your everything that's precious to me If you give me a chance, I can love you like that. I'd never make a promise I don't intend to keep. So when I say forever, forever's what I mean. I'm no castiguer, but I swear this much is true. I'll be holding nothing back when it comes to you You dream of love is everlasting Well baby open up your eyes I can love you like that I would make you my world New heaven and earth If you were my girl I will give you my heart, be all that you need, show you you're everything that's precious to me. If you give me a chance, I can love you like that. You want tenderness I've got tenderness And I see through to the heart of you If you want a man who understands You don't have to look very far I can love you I can I can love you like that I will make you my world Through heaven and earth You are my girl I will give you my heart Be all that you need Show you your everything That's precious to me I can love you like that I would make you my world, through heaven and earth, if you were my girl. I would give you my heart, be all that you need. Show you your everything that's precious to me. I could love you like that. I would make you my world, through heaven and earth, if you were my girl. I will give you my heart In another's eyes I'm someone who Love's hurt enough to walk away from you I'd never cheat and I would never lie In another's eyes, yeah In another's eyes, I can do no wrong And he believes in me And his faith is strong I'd never fall Or even compromise In another's eyes In another's eyes I'm afraid that I can't see This picture, perfect portrait that they paint of me They don't realize, and I pray they never do Cause every time I look I'm seeing you In another's eye Oh, in another's eye Staring back at me I see a sinking soul Trying desperately To turn the tide Before it dies In another's eyes Yeah. And one thing don't see. The Lord is killing me. It's a blessing and a curse that love is born. Some others are. I'm afraid that I can't see. This patient perfect portrait that they've made of me They don't realize And I pray to God they never do Cause every time I look I'm seeing you In another's eyes In another's eye In another's eye Once in every life Someone comes along And you came to me It was almost like a song You were in my arms Right where you belong And we were so in love It was almost like a song January through December We had such a perfect year Then the flame became a dying ember All at once you weren't here Now my broken heart cries for you each night and it's almost like a song but it's much too sad to write Now my broken heart Christ for you each night Christ for you each night And it's almost like a song. Almost like a song. But it's much too sad to write. It's too sad to write. Thank you. Hey, you're jaded. You got your mama's style, but you're yesterday's child to me. So jaded. You think that's where it's at But is that where it's supposed to be You're getting it all over me Excerated My, my baby blue Yeah, I've been ringing about you My, my baby blue Yeah, you're so jaded And I'm the one that jaded you Hey, you're jaded And all it's misery It will always be what I love and hate it And maybe take a ride to the other side I've been thinking of, we'll slip into the velvet club and be jaded. My, my baby blue, yeah I've been thinking about you. My, my baby blue, yeah I'm so jaded. Baby I'm afraid of you. My thinking's so complicated I put it all up to here But it's so overrated I've been hated With a trade Love rejated Hey, baby, there ain't no baby breeze when I'm shooting the breeze with her. Whenever thing you see is a blur, and ecstasy's what you wait for. My, my baby blue I've been talking about your My, my baby blue Yeah, I've been singing about your My, my baby blue Yeah, you're so jaded Baby, jaded Oh, you're so jaded Cause I'm the one that jaded you Thank you. ¶¶ Thank you. Thank you. Thank you. Thank you. Thank you. I'd like to call this meeting in the May 22nd Planning Commission to order. I don't think we have any minutes at this time. Postponements of withdrawals. Hi, good afternoon. I'm Adam Bender with CMW. This item is on page six of your agenda, item I, PLN, MJDP 22-24, Trinity Flats at Race and Midland. The developer would like to request a one-month postponement, which would be the June 9th meeting. There's a few resolve issue items at the bottom, including closure of Ray Street and the connection to the park. There are conversations going on right now between the authorities and the developer. The developer just feels that they would like things a little farther along and see what kind of impact that's going to have to the size and shape of the building. And 30 days, we feel, is more than enough time to accomplish that. So you're asking for June 9th postponement to June 9th? Yes. So thank you. Chair will entertain a motion. Mr. Chair, move to approve a postponement on PLNMJDP 2224 Trinity Flats till June 9th. Can I get a second to that? Thank you. All right. Motion has been made by Graham, second by Janice. Vote when it comes up on the Granish. Thank you sir. Thank you. See you June the 9th. You okay now? Yeah. Okay thank you. So you're alright too, Abby? I will now fix it away. Okay. Well, we'll see how it comes. All right. If you will at this time, let's go to the postponement to the performance bonds, and you'll see that on the back of our agenda, but let's get that out of the way while we're thinking about it. We need a motion to accept performance bonds. Motion to Robin, you need a second. Thanks, Judy. Please vote when it comes up on your... Thank you. Ms. Wade, I believe we have the consent agenda. We have several on the consent agenda, so let's mark them off as we... Yes, sir, we do. I'm going to read these and there's actually a longer list than we typically have which is good news but if you hear an item and you want it removed from the consent agent I'm guessing everybody in the audience does not want their item heard but if you do for some reason raise your hand as we go along so I'll read these if the Commission wants any of the items heard also you can wait till the end and let me know and we'll remove it from the consent agenda but we'll read it for the record so we'll start on page one of the consent agenda item number one appears on page two item eight of the regular agenda PLN MJDP 20 dash 13 for Coldstream Research Campus unit 2B section 1 lot 26 this is for Pyramal Pharma solution expansion project and it's an amended final development plan for property located at 1575 McGrathiana Parkway the next item is on page 2 item B PLN MJDP 22-8 for the Lexington clinic for property located at 1221 South Broadway these two items were recommended for either approval or reapproval from the subdivision committee and then going forward with new development plans page 3 item D PLN MJDP 22-17 man of war development phase 2 unit 2a also an amended final development plan this is for several properties 1940 1956 1988 and 1990 Bryant Road as well as 1975 Justice Road. The next item is on page 4, item E, PLN MJDP 22-18 for Burke, Hawkinsmith, and Maggard property, Unit 2A, also known as Boiling Springs Phase 2, an amended final development plan for property located at 1713 Jaggy Fox Way. Next item is page 4, item F, PLN MJDP 22-19 for the Lucille C. Little property, Unit 1C, Lot 12. That's property located at 724 Allen Ridge Point. Going to the back of our consent agenda, the next item is on page 5, Item G, PLN, MJDP 22-21 for the RML Citation property, also known as Hillemeyer Interest Limited, Lot 1, amended final development plan for property at 2640 Sandersville Road. Next item is page 5, item H, PLN MJDP 22-22, RML Citation, again, also known as Hillmeyer Interest Limited Property. This one is for lot 2, and it is located at 2670 Sandersville Road. The next item on your consent agenda has been postponed for Trinity Flats, so that one can be excluded from your motion. The next item, page 6, item J, PLN MJDP 22-25 for Beaumont Farm Unit 10. This is located in the B6P area and specifically on lot 11, an amended final development plan for property located at 3195 Beaumont Center Circle. And then the last item on our consent agenda, page 6, item K, PLN MJDP 22-26, Great House Property, also known as the Village at Great Acres, an amended final development plan for 2731, 2789, Leastown Road, as well as 100 and 112 Lucille Drive and 2730 Ruby River Drive. I did not see anyone raise their hand in the audience to have their item pulled from the consent agenda, but if there's any item that the commission wants to be heard, we can pull those as well. If not, the commission can take all of these items with one motion this afternoon. Okay, if there's nothing that wants to be pulled off the agenda by the commission, the chair will entertain a motion to accept the consent agenda as presented. Mr. Chair. Yes, sir. I move that we approve the consent agenda as presented with exclusion of Trinity Flats. Thank you. I'll need a second. Judy, thank you. All in favor, vote on the computer or granted. Thank you very much. When the committees do their job, it makes our job a lot easier. All right, we're going to go back to page. Item C. I think Mr. Martin is going to lead us in this one. Cleaning the room out there. You see who's responsible for the one plan that we're going to present to you today. You know what? When you do your job, people don't hang around. I don't know why. Go ahead, Mr. Martin. I'll make this very brief. There's been some friendly staff wagers on the length of this meeting, and I've got an 80 to 1 shot on this one. Well, I'll try my best not to hold you. Okay. So this is a major development plan, preliminary subdivision plan, the Sebastian Property Unit 3. And this is property that's out on Lee's Town. Here's the Lee's Town frontage. Right across the street is the Great House property, which is also on this agenda today, an amendment to that. That is directly across the street. Here we have a large detention basin. In this particular area, you can see the street system. This has been previously approved. It had six single-family lots along these cul-de-sacs originally. The amendment that you see before you is for 16 townhouses on these cul-de-sacs. So, they want to increase some density and put a little bit different housing into this particular area. There's a lot of single family all through this area of the subdivision. And if you go to the west, there's a large townhouse development that's been largely built out and attached. So, in this particular instance, they are proposing to add, again, these townhouses at this location. The reason it is before you today to be presented is there's a waiver and a finding associated with it. The waiver is for the frontage of the lots that do not front on the cul-de-sac. These end units do front on the cul-de-sac. They could have fronted them on Lee's Town. That presents an interesting problem. The bigger the townhouse lot gets, the bigger the required minimum open space gets. So that created a design problem for them in this area. So they're going to have an HOA lot, in essence. And, of course, the basin will be a strip, an HOA lot, between these townhouses lot and Lee's Town. They will be accessed by these access easements. You can see. will access, that will provide the vehicular access into these lots and into these units. There are sidewalks to provide pedestrian access from what is the front of the units to the cul-de-sac. The perhaps most interesting aspect of the access easements, because this is a pretty common layout for townhouses when you have a situation like this in a limited area. In fact, the area to the west that I'm talking about, there's a considerable number of townhouses that utilize access easements for their primary access. So that's, again, it's not an unusual design per se. The single family home here, here, here, and here, they're going to share that access easement. That's a little interesting. We had some discussions with the applicant about that. as in all circumstances, there'll be an HOA. They'll be required to maintain the access easements. They're all going to have to join in together and maintain those easements to everybody's mutual benefit. And that will have to be noted on the plan. That is the only kind of odd situation here, really, that staff could see. There were originally some conflicts with easements in the area. That's all been adjusted. That's all can be addressed now. They can construct these and not have, they should not have any problems with conflicts with the easements. So your staff in reviewing this does recommend that you approve a finding for the access to these townhouse lots. The waiver on the frontage as well. The applicant had proposed that this was an innovative design. if you look at the innovative design criteria in the subregs the very title talks about innovative design and large developments and that's really the intent for innovative design is to try to apply it to an overall large development this developer did that out on spur road with the development those of you that were here then may recall they've got they got waivers on every street in that development, the width, the geometrics of that particular development, but it addressed the entire subdivision. Staff acknowledged their creativity in trying to put the townhouses in here and increase density and housing choice, but we feel like that it's more of a hardship situation. The hardship being the relationship here with Leestown Road, that's something obviously they don't control, it's there. A required water, that's a detention basin, required under the stormwater manuals, required for the subdivision. So we felt like those two factors and then the utilization of shorter cul-de-sacs all kind of combined to make this a hardship situation. With that, staff, your subdivision committee did recommend approval of this plan. Your staff is recommending approval of the waiver as well as the finding on the access easement. And I'll be happy to answer any questions you may have for staff. Any questions, Mr. Martin? One quick one. I'll have one, but I'll wait until after you hear that. What's the, I notice that the sidewalks are limited to the townhouses in a connection to the cul-de-sac. What's the long-term plan for Lee's Town Road with regard to multimodal transportation? That's a good question, Mr. Pohl. When this plan originally came through, the original plan, there was a huge discussion about pedestrian access to Lee's Town Road. the grade proved to be an insurmountable barrier to get an ADA compliant sidewalk down to Leastown. We frankly went around with them for a while trying to work that out. Ultimately, staff agreed with them that that particular area was not a suitable place to put pedestrian access to Leastown Road. It does exist not far away along the main street into the development where there's a sidewalk out to Lee's Town Road. So for someone who's bicycling up Lee's Town, is there a bike lane or will there be a bike lane? I believe there is. On Lee's Town, on our chair, I think there is. I'd have to ask our track. Yeah, I believe so, yes. That was part of what the state did when they redid Leastown. Any other questions from Mr. Martin? I guess I don't fully understand why, in this case, the sidewalks don't continue to the edge of the property the way they would in any other project. Well, they go around the cul-de-sac. They just, we didn't add anything after large discussions with the applicant down to Leastown. But the cul-de-sacs themselves are fully compliant with sidewalks. And then we just had them put sidewalks, they agreed to sidewalks in the front of these townhouses so as not to put them on the access easement. Because some of our initial discussion was, well, if the access easement is going to serve these townhouses, then you need a pedestrian facility there as well. And they chose to put the sidewalks on the front of the townhouses. Okay. Any other questions, Mr. Martin? If not, applicant, means you're in the only one room. I guess we're going to hear from you. Good afternoon. Rory Kaley with EA Partners. I agree with Tom and request approval. You sit in a chair and that's all you got for us? I'm on his side for the bet. I want this short. Let's see if we can find a question for you. Anybody got any questions, Mr. Cayley? Are these townhouses to be sold, to be rented? Are they deeded? How are you going to do that? He generally rents his. We are showing individual property lines, which is also typical for this developer, which is also why we had that whole debate on where the access was, and each individual unit had to get the approval for the findings. And it makes it a little more difficult. And you don't want group residential projects, yes. Article 9 does different things to us. So my question is tied to the access easements. If it's rental property, then the person that owns that is aware of the access easements. If you sell them, are they put on the deed? I don't know what goes on deeds. The condition here was to add a note to the plat that talked about these access easements being maintained by an HOA. Okay, thank you. Any other questions? If not, any questions for the applicant? I don't see anybody in the audience, so I guess I don't need to ask that question. Mr. Parker, are you okay with sidewalking the bikes and all that? Okay, all right, thank you, Roy. Chair, we'll turn it over to the Commission. I want at least two motions, one for the property and then one for the, do we need to, can we include the findings in the. I think you just need to approve the waiver and you could include the findings for the access. So we'll have two motions, one for the applicant. Right. Okay. All right. Chair will entertain a motion. Mr. Chair. Thank you. I move for approval of PLNMJDP 2216 Sebastian Property Unit 3. With the 12 conditions? With the 12 conditions. Right, sir. Second. Second by Mr. Graham, is that you? Okay, second by Graham. All in favor, vote when it comes on. Thank you, sir. And the second motion would be to include the access easements and the waiver. Yes, I'll move for approval of the access easement and waiver for PLN MJDP-2216 Sebastian property. Thank you. Second. Second by Mr. Bale. Vote when it comes up. Thank you very much. Thank you, sir. All right. Needless to say, I don't think we'll be here until 7 o'clock. All right, if you turn back to the back page. Let's go to page seven first. These are staff items. We'll do that next on page seven. Tracy, do you want to comment on these? These are just items for your information. There's no report on them. Just read them so you know where we are. that being done we'll move on to the last page and we have an addendum are you going to handle that is mr duncan going to handle it i can certainly handle it the division of planning is to the point where although we will be ready to present information to the planning commission on the 19th about planning about the comprehensive plan and the public input that we are putting together. I think Civic Lex wants to come and discuss the information with the planning commission, and so we want to schedule another work session for May on Wednesday, the 25th of May at 1.30 p.m. in the Phoenix building where we normally meet for work sessions. And so we need to amend the official filing and meeting schedule to add that work session. Okay. So the Chair will entertain a motion to amend the final work session, final scheduling, to include Wednesday the 25th for work session. Jan? So moved, Mr. Chair. I move that we approve the amended meeting dates as presented today. Okay. All right. Second with you. All in favor of amending the schedule to include the 25th vote when it comes up. Thank you. Mr. Duncan. Chair, thank you. Thank you for being here today, chairing the meeting. Good to see you Mr. DeMovelland again, and good to have you all here. Thank you also for amending the schedule. We do have our regular monthly work session next Thursday, so we hope you all will be able to attend that. That will be at 1.30 in the Phoenix building. But as Tracy said, we have additional information that won't be ready by next Thursday, but we would like to get that to you as soon as possible. So if you can come the following Wednesday, we will provide that information to you. And then, of course, the next day you have your regularly scheduled zoning hearing, too. So we appreciate the extra effort that you all are putting in. Thank you, Mr. Chair. Thank you. If there's nothing else, the Chair will entertain a motion to adjourn. All in favor, say aye or stand up, however you want to do it. Thank you, Mr. Martin. How did we do? Thank you. you