# Planning Commission Subdivision Items - July 14, 2022 > Auto-transcribed civic record · July 14, 2022 - **Permalink**: https://meetings.lexingtonky.news/meeting/5612 - **Source video**: https://lfucg.granicus.com/player/clip/5612?view_id=14&redirect=true - **Date**: 2022-07-14 - **Last revised**: July 14, 2022 - **Length**: 12,694 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on July 14, 2022, at 1:30 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 presiding officer. The commission considered eight agenda items during the session, taking a total of 11 votes on various motions throughout the meeting. No public comments were heard during this session. The meeting resulted in a mixed outcome for the agenda items, with five items being postponed and three receiving approval. The postponed items included an amendment to Article 22, Appendix C to create the Planned Unit Development 3 (PUD-3) zone, as well as development proposals for the Shriners Hospital/Masonic Temple Association of Lexington Kentucky, Hoover & Ford Philpot Evangelistic Association Property (The Fountains of Palomar), Lakeview Plaza Lot 3-A, and Pierson & Trapp Company Tract 1 (Dawahares Association). The commission approved three development projects: Lansdowne Merrick (Shadybrook Estates) Tract 4, Warrenton Woods Subdivision Units 1-A, 1-B, 1-C, and 1-D, and Valley Park (De Roode Street Apartments). The significant number of postponements suggests that several items required additional review or information before the commission could make final determinations. ## Attendance The following members were present at the July 14, 2022 meeting: • Robin Michler • Frank Penn • Judy Worth • Janice Meyer • Bruce Nicol • Ivy Barksdale (arrived late) • Anthony de Movellan 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 commission took action on eleven items during the July 14, 2022 meeting, with all votes passing unanimously. **Administrative Items** The commission first approved the minutes from the June 9, 2022 meeting on a motion by Janice Meyer, seconded by Judy Worth, passing 6-0 [timestamp: 00:30]. Later in the meeting, they approved the slate of officers for the next term on a motion by Judy Worth, seconded by Anthony de Movellan, passing 7-0 [timestamp: 18:00]. **Postponements** Five items were postponed to future meetings. PLN-ZOTA-22-00006, an amendment to Article 22, Appendix C to create the Planned Unit Development 3 (PUD-3) zone, was postponed to July 28, 2022 on a motion by Judy Worth, seconded by Anthony de Movellan, passing 7-0 [timestamp: 02:00]. Three additional items were also postponed to July 28, 2022: PLN-MJDP-21-00055 (Shriners Hospital/Masonic Temple Association development plan) [timestamp: 03:30], PLN-MJDP-22-00035 (The Fountains of Palomar amendment) [timestamp: 05:00], and PLN-MJDP-22-00036 (Dawahares Association amendment) [timestamp: 08:00]. PLN-MJDP-22-00031 (Lakeview Plaza Lot 3-A amendment) was postponed to August 11, 2022 on a motion by Anthony de Movellan, seconded by Janice Meyer, passing 7-0 [timestamp: 06:30]. **Approvals** The commission approved four development items. PLN-MJSUB-22-00002 (Lansdowne Merrick Tract 4 amendment) passed 7-0 on a motion by Janice Meyer [timestamp: 10:00]. Four related Warrenton Woods Subdivision amendments (PLN-FRP-22-00013, 22-00015, 22-00017, and 22-00018) were approved together 7-0 on a motion by Bruce Nicol, with sidewalk conditions changed from "discuss" to "resolve" [timestamp: 12:00]. PLN-MJDP-22-00034 (Valley Park/De Roode Street Apartments amendment) was approved 7-0 on a motion by Bruce Nicol with 15 staff-recommended conditions [timestamp: 14:00]. Finally, performance bonds and letters of credit were approved 7-0 as presented by staff on a motion by Janice Meyer [timestamp: 16:00]. All seven commissioners present voted in favor of each item: Robin Michler, Frank Penn, Judy Worth, Janice Meyer, Bruce Nicol, Ivy Barksdale, and Anthony de Movellan. ## Appointments The meeting included several key appointments to leadership positions. Four individuals were appointed to serve in official roles. Larry Forester was appointed to serve as Chair. Anthony de Movellen was appointed to the position of Vice Chair. Janice Meyer was appointed as Secretary. Zach Davis was appointed to serve as Parliamentarian. These appointments establish the leadership structure for the organization, with each role carrying specific responsibilities for meeting governance and administrative functions. ## Contested Items The meeting featured one significant contested item that generated heated discussion among board members. **Sidewalk requirement for Warrenton Woods Subdivision** A substantial debate arose regarding whether sidewalks should be mandated for the Warrenton Woods Subdivision development. The discussion revealed a clear divide among members on this infrastructure requirement. Proponents of the sidewalk requirement argued that sidewalks are essential for public safety and community connectivity. These members emphasized the importance of pedestrian infrastructure in ensuring safe passage for residents, particularly children and elderly community members who may need to walk along the streets. Opposition to the requirement came from members who questioned whether sidewalks were necessary given the quiet, low-traffic nature of the streets planned for the subdivision. These members suggested that the residential character of the development might not warrant the additional infrastructure expense and potential impact on the natural landscape. The debate highlighted broader questions about development standards and infrastructure requirements for new residential projects. Members grappled with balancing safety considerations against cost implications and the character of different types of residential developments. The extracted data does not indicate the final outcome of this debate or whether a resolution was reached during the meeting. The discussion appears to have been ongoing, suggesting this may be an item that requires further consideration or could be revisited in future meetings. *Note: Specific transcript timestamps were not available in the provided data for this contested item.* ## Amendment to Article 22, Appendix C to create the Planned Unit Development 3 (PUD-3) Zone [timestamp: 02:00] The meeting addressed agenda item PLN-ZOTA-22-00006, a proposed zoning ordinance text amendment to create a new Planned Unit Development 3 (PUD-3) zone. The amendment would establish a mixed-use development zone allowing a combination of residential, commercial, entertainment, and industrial uses within a single development area. Zach Cato served as the key speaker presenting this agenda item to the meeting participants. The proposed PUD-3 zone represents an expansion of the city's planned unit development options, designed to accommodate more diverse and integrated land use patterns than traditional single-use zoning categories. The amendment would modify Article 22, Appendix C of the zoning ordinance to formally establish the regulatory framework for PUD-3 developments. This new zoning classification would provide developers with greater flexibility to create comprehensive mixed-use projects that blend different types of land uses in a coordinated manner. Following discussion of the proposal, the meeting participants decided to postpone action on PLN-ZOTA-22-00006. The postponement suggests that additional review, public input, or revisions may be needed before the amendment can move forward in the approval process. The creation of a PUD-3 zone would add another tool to the municipality's zoning toolkit, potentially enabling more innovative development approaches that integrate multiple land uses while maintaining appropriate planning controls and design standards. ## Shriners Hospital/Masonic Temple Association of Lexington Kentucky [timestamp: 03:30] The Planning Commission considered development plan PLN-MJDP-21-00055 for the Shriners Hospital/Masonic Temple Association of Lexington Kentucky. The proposal involves a mixed-use development spanning 10.8 acres total, with plans for a commercial development and parking layout on 7.4 acres and a single family residential development featuring both attached and detached dwelling units on 3.4 acres. Matt Carter served as the key speaker for this agenda item, presenting the development plan to the commission. The item was ultimately postponed, with no final action taken during this meeting. The specific reasons for the postponement and any concerns raised during the discussion were not detailed in the available meeting materials. This development plan represents a significant mixed-use project that would combine commercial and residential components on the Shriners Hospital/Masonic Temple Association property in Lexington. ## Hoover & Ford Philpot Evangelistic Association Property (The Fountains of Paloma) [timestamp: 05:00] The commission considered agenda item PLN-MJDP-22-00035, a development plan amendment for the Hoover & Ford Philpot Evangelistic Association Property, also known as The Fountains of Palomar. The proposed amendment sought to revise parking requirements and square footage allocations on lots 2, 2A, 3, and 5, as well as amend the existing landscaping plan. Matt Carter served as the key speaker for this agenda item, presenting the details of the proposed changes to the development plan. The item was ultimately postponed, with no final action taken during this meeting. The specific reasons for the postponement and any concerns raised during the discussion were not detailed in the available meeting materials. The development plan amendment represents modifications to an existing approved project, focusing on adjustments to parking configurations and building square footage across multiple lots within the development, along with landscaping revisions. ## Lakeview Plaza Lot 3-A [timestamp: 06:30] The planning commission reviewed agenda item PLN-MJDP-22-00031 for Lakeview Plaza Lot 3-A, which involved an amendment to add building square footage for pick-up windows and a drive-thru lane to the existing development plan. Tom Martin served as the key speaker presenting the proposed amendments to the development plan. The modifications would expand the current building footprint to accommodate new drive-thru functionality and additional pick-up window facilities. Following discussion of the proposal, the planning commission decided to postpone action on PLN-MJDP-22-00031. The specific reasons for the postponement and any concerns raised during the deliberation were not detailed in the available meeting materials. The Lakeview Plaza Lot 3-A development plan amendment will be reconsidered at a future planning commission meeting. ## Pierson & Trapp Company Tract 1 (Dawahares Association) [timestamp: 08:00] The Planning Commission considered agenda item PLN-MJDP-22-00036, an amendment to the Pierson & Trapp Company Tract 1 development plan for the Dawahares Association. The proposed amendment sought to add additional building square footage and revise the parking layout for the existing development. Tom Martin served as the key speaker presenting the amendment request to the commission. The proposal involved modifications to the approved development plan that would increase the total building area and reconfigure the site's parking arrangement. Following the presentation and discussion, the Planning Commission decided to postpone consideration of the amendment. The specific reasons for the postponement and any concerns raised during the discussion were not detailed in the available meeting materials. The item will be rescheduled for consideration at a future Planning Commission meeting, allowing additional time for review or resolution of any outstanding issues related to the proposed building expansion and parking layout changes. ## Lansdowne Merrick (Shadybrook Estates) Tract 4 [timestamp: 10:00] The planning commission reviewed agenda item PLN-MJSUB-22-00002, a subdivision plan for Lansdowne Merrick (Shadybrook Estates) Tract 4. The proposal involved creating four new lots within the development. Traci Wade served as the key speaker presenting the subdivision plan to the commission. The plan was designed to denote the boundaries and specifications for the four proposed lots within the Shadybrook Estates development. Following the presentation and discussion, the commission approved the subdivision plan for Lansdowne Merrick (Shadybrook Estates) Tract 4, allowing the project to move forward with the creation of the four new lots as proposed. ## Warrenton Woods Subdivision Units 1-A, 1-B, 1-C, and 1-D [timestamp: 12:00] The commission reviewed four related subdivision plan amendments for Warrenton Woods Subdivision Units 1-A, 1-B, 1-C, and 1-D under case numbers PLN-FRP-22-00013, PLN-FRP-22-00015, PLN-FRP-22-00017, and PLN-FRP-22-00018. The amendments proposed dedicating private streets within the subdivision to public streets. Key speakers during the discussion included Tom Martin and Cheryl Gallt, who presented details about the street dedication process and its implications for the subdivision units. The amendments were approved by the commission, allowing the private streets in all four units of the Warrenton Woods Subdivision to be converted to public street status. This change would transfer maintenance responsibilities from the private subdivision to the public jurisdiction. ## Valley Park (De Roode Street Apartments) [timestamp: 14:00] The commission reviewed development plan PLN-MJDP-22-00034 for Valley Park (De Roode Street Apartments), which proposed modifications to add parking and revise open space and adjacent building footprint. Key speakers Tom Martin and Matt Carter presented the plan details during the discussion. The proposal focused on practical improvements to the existing development, specifically addressing parking needs while making adjustments to the open space configuration and building footprint of adjacent structures. The commission ultimately approved the Valley Park development plan, allowing the proposed changes to move forward. The modifications were designed to enhance the functionality of the apartment complex while maintaining appropriate open space requirements. The approval enables the developer to proceed with the parking additions and building footprint revisions as outlined in the submitted plans. --- ## Decisions - **Motion** — passed (6-0): Approval of the minutes of the June 9, 2022 meeting - **PLN-ZOTA-22-00006** — postponed (7-0): Postponement of the amendment to Article 22, Appendix C to create the Planned Unit Development 3 (PUD-3) zone - **PLN-MJDP-21-00055** — postponed (7-0): Postponement of Shriners Hospital/Masonic Temple Association of Lexington Kentucky development plan - **PLN-MJDP-22-00035** — postponed (7-0): Postponement of Hoover & Ford Philpot Evangelistic Association Property (The Fountains of Palomar) amendment - **PLN-MJDP-22-00031** — postponed (7-0): Postponement of Lakeview Plaza Lot 3-A amendment - **PLN-MJDP-22-00036** — postponed (7-0): Postponement of Pierson & Trapp Company Tract 1 (Dawahares Association) amendment - **PLN-MJSUB-22-00002** — passed (7-0): Approval of Lansdowne Merrick (Shadybrook Estates) Tract 4 amendment - **PLN-FRP-22-00013, PLN-FRP-22-00015, PLN-FRP-22-00017, PLN-FRP-22-00018** — passed (7-0): Approval of Warrenton Woods Subdivision Units 1-A, 1-B, 1-C, and 1-D amendments - **PLN-MJDP-22-00034** — passed (7-0): Approval of Valley Park (De Roode Street Apartments) amendment - **Motion** — passed (7-0): Approval of performance bonds and letters of credit - **Motion** — passed (7-0): Approval of the slate of officers for the next term --- ## Full transcript What have you known? What have you known? Thank you. My friend, what do I call you all the time? What can I say? I don't feel the need to give such secrets away. You think maybe I need help. No, I know I'm right. All right. I'm just better off not listening to friends advice. When they insist on knowing my bliss, I tell them this when they want to know what the reason is. I only smile when I lie, then I tell them why. Because your kiss, your kiss is on my list. Because your kiss, your kiss is on my list Because your kiss is on my list With the best things in life Because your kiss, your kiss is on my list Because your kiss, your kiss I can't resist Because your kiss is what I miss When I turn up the light I go crazy wondering what there is to really see Every night just take up your time Cause you mean more to me Sometimes I forget what I'm doing I don't forget what I want I want Regret what I've done I regret you, I couldn't go on. But if you insist on knowing my bliss, I'll tell you this. If you want to know what the reason is, I only smile when I lie. And I'll tell you what. I want somebody who will understand. When it comes to love, I want a slow hand. Ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh, ooh You lost leaves on the crazy wind of the night. Darling, don't say a word, cause I already heard what your body's saying to mine. If I want it all night, say it's all right. Ooh, we got the time, cause I got a man with a slow hand. I got a lover with an easy touch I've got somebody who will spend some time Not come and go in a heated rush I found somebody who will understand When it comes to love I want a slow hand Ooh, ooh, ooh If I want to fall down Please say it's alright It's not a fast move But a slow groove On my mind Cause I got a man with a slow hand I got a lover with an easy touch I found somebody who will spend some time Not come and go in a heated rush I found somebody who will understand I found a lover with a slow hand Ooh, lover with a slow hand And I get all excited with this easy touch I found somebody who will spend the night Not calm and cold in a heated rush Ooh, love Ooh, love You We'll love you forever and ever. We never will part of how I'll love you together. Together, that's how it must be to live without you. It only means heartbreak for you. I run for the bus, dear. While riding on the think of us, dear. I sing a little prayer for you. At work, I just take time. And all throughout the whole favorite town I sing it in a prayer for you Forever, forever, you'll stay in my heart And I will love you forever and ever We never will part of how I will love you Together, together, that's how it must be To live without you would only mean heartbreak for me I say a little prayer for you I say a little prayer for you Forever, forever You'll stay in my heart And I will love you forever And ever, we never were part of how I'll love you Together, together That's how it must be to live without you It would only be heartbreak for you My darling, believe me For me there is no one but you Please love me too I'm in love with you Answer my prayer Say you love me too Why don't you answer my prayer You know every day I say a little prayer I say I say I say a little prayer Why don't you just answer my prayer I'm going to hang around with you. Maybe I think I'm lucky. That's something to do. But I think that you're wild. It's sighting me of some child. You might think I'm foolish. But maybe it's untrue. You might think I'm crazy. All I want is you. You might think it's hysterical. I know when you're weak. You think you're in the movies. Everything's so deep. But I think that you're white when you blast a fragile smile. You might think it's foolish What you put me through You might think I'm crazy All I'm all lazy And it was hard So hard to take There's no escape Without a stream But you kept it going Till the sun fell down You kept it going We'll be right back. When you're curious, I'll be back around. And I think that you're wild. Except before you need to be startled. You might think it's foolish. This giant sea rendezvous. You might think I'm crazy. All I want is you. All I want is you. Oh, oh, oh I could use a few pounds Tight pants, points All the renowned She was a black hat beauty With big dark eyes And points all her own Sudden way up high Way up firm and high I passed the cornfields When the woods got heavy Out in the backseat of my 60s share day Working on mysteries without any clues Working on our night moves Trying to make some front page driving news Working on our night moves In the summertime In a sweet summertime We weren't in love, oh no far from it We weren't searching for something high in the sky, some We were just young and restless and bored Living by the sword And we'd steal away every chance we could To the back room, to the alley of the trusty woods I used to use me, but neither one cared We were getting our share Working on our nightmares Trying to lose an awkward teenage blues Working on our nightmares And it was summertime Sweet Summer time Summer time Oh One year I felt the lightning Yeah, I waited on the thunder I waited on the thunder I woke last night to the sound of thunder How far off I sat in one day Started humming a song from 1962 Thank you. Hello, I'm Kathy Plowman, and I represent the 12th District here in Fayette County. And I'm proud to say the 12th District is 70% of our land mass. So all of the rural area, especially our PDR farms, that's a purchase of development rights. And we're going to talk a little bit about that today. I'm here with Robert James, and we're here at Walnut Lawn Farm. 400 acres, right? 420, about 300 of which are in Fayette County. Oh, that's great. One of the things I wanted to ask you, I think I heard that this farm has been owned by your family since the 1800s. Can you give a little history on that? Yes. My great-great-grandfather actually, great-great-great-grandfather, excuse me, actually. Four? Four greats? Three greats. Three greats. Three greats. Okay, we got it. Okay. Was from Virginia, and he actually rode through this country, Kentucky, while visiting relatives and conducting some business for his father in 1822. Oh, my gosh. Fell in love with the scenery, the landscape, and knew he wanted to move here. Actually wound up traveling to Mississippi and being a broker, a cotton broker, down there, and eventually earned enough money to move the family back up here and purchase this farm we're standing on. Well, I can see why I fell in love with it. It's gorgeous out here. We're standing out here on the farm with three different crops, I believe, in the picture here. So you're the fourth generation, Robert? Sixth generation. Oh, my gosh, sixth generation. That's quite a lot. Robert, you also serve on the Rural Land Management Board. Can you talk a little bit what is the Rural Land Management Board? I think you're vice chair. Yes. Yes, the Rural Land Management Board is basically charged with overseeing the rural parts of Fayette County of implementing the Rural Land Management Plan. We also oversee the Purchase of Development Rights Program, which is our conservation effort at the city level. It's very important, a very forward-thinking program that was established in 2000 to help preserve this unique landscape that has brought Lexington a lot of strong agricultural markets throughout its history. It's been regarded as the Athens of the West. The very rich soils here have helped produce some very fine quality horses, thoroughbreds. It's grown quality hemp, tobacco throughout the years, and helped make a lot of people a lot of money in the early days. The PDR program, which is the Purchase of Development Rights, has been, I guess, since 22 years, as you said. And one of the things that I think people really don't understand, can you tell how that process works? I mean, how do you become a PDR farm and why do you want to become a PDR farm? So there's an application window, usually once a year, whenever the board opens it up. Anyone can apply. Farms are ranked based on their soil score, based on their proximity to the urban service boundary, and any significant historical factors. That all kind of goes into the formula. All goes into them. The farms are ranked, and then the board will make the farms will be appraised, and then the board will make offers to those farms, which basically prohibits subdivision of the farm and will stop basically low-density development from occurring there. It basically protects that farmland for the future benefit of the community, really. Yes. I mean, we are, like you said, Athens of the West. I mean, how many farms do we have in the PDR program right now? Ooh, the actual number of different farms. It's hundreds. It's, yes. Isn't it? I think I've read that. It's hundreds. But, you know, really we've protected about 31,000, 32,000 acres of quality Fayette County. And how many acres are you trying to acquire? The end goal of the program is 50,000 acres. Okay. And hopefully that will provide a critical mass for the agriculture in the future. Yes. And keep Lexington player in ag tech and other exciting initiatives coming down the line. So, Robert, tell me, how does anyone tell if a farm is in the PDR program? Well, if they're driving down the road, they might see a sign that will say this is a PDR protected farm. We're actually redesigning those at this time. So it'll be a bright white sign with the big blue horse on it saying that this land is conserved. I first started today. I brought up the idea that the PDR, the acronym, people might see that or hear about it, and they really don't know everything that's behind it. And so I think that it's really important for our folks to know why the purchase of development rights is so important for Fayette County. And so sitting on the Rural Land Management Board, what are some of the challenges that you find with people not understanding? You know, you all get it. You know, how do we let our public get it? Well, it's always a challenge. Generally, the community is very receptive to conserving land. They understand the importance of it, both historically and looking forward, that this highly productive soil be conserved and protected for future generations. Sometimes there's a misconception that we're just handing out money to rich landowners. But if you look at the farms that have conserved, it's people from all walks of life, socioeconomic status. And, you know, their crop farms, horse farms, their vegetable farms. It's just all types and manner of agriculture because the program's true goal is to conserve the land, that limited raw resource that makes our county so special. Yes, you said that some folks think, many folks think that it's just rich farm or rich horse farms and we're giving them our money. But it comes back and the return on that investment. And so I know over the years, I think it's about $65,000 over the past, $65 million over the past 22 years locally has gone in. But isn't it matched by federal dollars? Yes. Yes, the federal government matches most of the easements we offer, usually up to 50%. So we're actually drawing in a lot of outside money from organizations or the government that believe in the mission we're pursuing. And that program is all over the country? Yes. There are other conservation programs. Of course, there are voluntary or donation-based programs like Bluegrass Conservancy. The state of Kentucky has the PACE program. for anyone who sees this video that's outside of Fayette County. That program is available to them. And basically, you know, it's just trying to conserve our farmland. And what makes our soil so quality? I mean, people talk about our soil and also what it does for the horses. And limestone, is that what it's about? That's the bedrock beneath the soil is the limestone. And so a lot of the phosphorus from that limestone will leach up into the soils. And that phosphorus helps promote bone density in animals. And that's why our horses are so strong, why our cattle are so strong. And that limestone-rich spring water that comes out of the ground all over is what attracted the bourbon industry to this area originally. And that has been a hit. Yes. I mean, people come from all over, but also for our horse farms. How many working farms are there? I know this is a working farm with the crops. Do you have cattle? We used to. We don't currently. Is that a dying breed in terms of the working farms for agriculture? Cattle farms are still very prevalent in Fayette County. In fact, Kentucky itself is the biggest cattle state east of the Mississippi River. Usually where the soil or the topography is a little flatter, we see more crop development. But, you know, horse industry, of course, is really big here, and cattle farms are still popular, and row crops where the land is a little flatter and there's less risk of erosion. So why should someone that has land out in the agricultural area of our county, why should they consider PDR, the purchase of development rights? Well, if they're like me, they get up every morning. they think about what they're going to do they go out in the field or the paddock get to work maybe maybe they stop for a moment and think about where they are i don't do it every day for sure but sometimes i'll stop and just look around me and realize the natural beauty that surrounds me every day and it's that reason keeps you going that keeps me going and that's why i'm glad that we secured our farm in the purchase of development rights program. It will enable future generations to enjoy that beauty and to make a living off the farm like I have done. Well, speaking on behalf of Lexington and our community and the county, I'm so glad the PDR program's in place because we're saving places like this. And that's what Fayette County is all about. That's why we become, and we are the horse capital of the world, but it's our landscape. It's our rural landscape that keeps us going in that vein. So, Robert, thank you so much for allowing us to come out here to Walnut Lawn Farm. And thank you for your leadership in the rural land management and for having this beautiful farm for all of us to enjoy. It was my pleasure. Okay. Thank you. I remember him ever looking better all laid out in his Sunday best. I'm sure instead of all that attention, all he'd have wanted was a few words mentioned. A simple man simply laid to rest. As they drove him away in that big Cadillac with a tear in my eye, I hadn't lied. Cause daddy never was The Cadillac kind He said something Just glitter and shine Well just this one I hope daddy enjoy the ride Cause daddy never was The Cadillac kind No, but daddy never was The Cadillacan Remember those walls I built? Well, baby, they're tumbling down And they didn't even put up a fight They didn't even make a sound I found a way to let you in But I never really had a doubt Still in the light of your halo I got my angel now It's like I've been awakened Every rule I had you breaking It's the risk that I'm taking I ain't never gonna shut you out Everywhere I'm looking now I'm surrounded by your embrace Baby, I can see your halo You know you're my saving grace You're everything I need and all It's written all over your face Baby, I can feel your halo Pray it won't fade away Hit me like a ray of sun Burning through my dark night You're the only one that I want Ain't got my dick dead to be alive I swore I'd never fall again But this don't even feel like falling Gravity can't forget So pull me back to the ground again It's like I've been awakened Every rule I had to break The risk that I'm taking I'm never gonna shut you out Everywhere I'm looking down I'm surrounded by your embrace Baby, I can feel your halo I know you're my saving grace You're everything I need and more It's written all over your face Baby, I can feel your halo Pray it won't fade away I can feel your halo I can feel your halo Halo You see your halo Halo Halo Halo Thank you. Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo, Halo Lady, I'm your knight in shining armor and I love you. You have made me what I am and I am yours. My love There's so many ways I want to say I love you Let me hold you in my arms For evermore You have gone And made me such a fool I'm so lost in the world And oh, we belong together Won't you believe in my song? Lady, for so many years I thought I'd never find you. You have come into my life and made me whole. Whatever Let me wake to see you each and every morning Let me hear you whisper softly In my ear In my eyes I see no one else but you There's no other love like I love And yes Oh yes, I'll always want you near me I've waited for you For so long Lady Your love's the only love I need And beside me Is where I want you to be Cause my love There's something I want you to know You're the love of my life You're my lady. I remember waking in the morning to the sound of a rooster's crow. Mama cooking in the kitchen and Arthur Godfrey on the radio. Me and dad were just like strangers. We never did see eye to eye It came to blows one Sunday morning So I packed my bags and I said goodbye And when you leave that way you can never go back A train won't run on a torn up track Sometimes I wish I'd never own Oh, no Cause when you leave that way You can never go home Then I met a girl in Knoxville Always set our wedding day Left her standing at the altar With a baby on the way And when you leave that way You can never go back A train won't run on a torn up track Sometimes I wish I'd never owned, oh no Cause when you leave that way You can never go home Lord I'd never see my mom and daddy And what I'd give before that boy of mine I'd get down on the knees and say I'm sorry But I could only go back one more time But I killed a man in Houston When he caught me with his wife And told the preacher man to leave me alone When he came to read my writings He said, son, when you leave this way You can never come back A soul won't roll on a torn up track All through eternity you'll roam alone Cause when you leave this way you can never come home All through eternity you'll roam alone Cause when you leave this way you can never come home Thank you. I'm sorry. Thank you. The cars and the bars and the walls Make sweet love to you Send out joy to the world All the boys and girls Joy to the fishes and the people free Joy to you and me You know I love the ladies Love to have my fun Thank you. We'll call this meeting to order. I don't have any minutes, so I guess we don't have any of that. Do we? Okay. Go ahead. Move for approval of the June 9th, 2022 minutes. Is there a second? Second. Vote when it comes up on the screen. Just a reminder to use your microphone, otherwise we can't hear you. Might as well get it fixed while we can. There we go. Thank you. Postponements and withdrawals. Good afternoon. I'm Zach Cato from Billings Law Firm. I have an item on page 8, item, Roman numeral 5, section B1. It's the PUD3 zoning ordinance text amendment. We still need more time to meet with staff. We had a meeting scheduled this week, but it had to be postponed due to illness. So we're requesting a two-week postponement to continue working on that, try to get the remaining issues resolved. There's been some neighborhood engagement as well, so we just need some more time to continue working on this application. So what date would that be? July 28th. July 28th. We're postponing to July 28th. All right, sir. Thank you. Is there anybody in the audience want to speak to that? If not, then the chair will entertain a motion. Mr. Chair, I move for postponement of PLN ZODA 22, Article 22, as recommended by the applicant and the staff. To the July 28th meeting. To July 28th meeting. Okay, thank you. Is there a second? Second. Second by Anthony. Vote when it comes up on the screen. Thank you. We have one item on the consent agenda, Tracy. You want to? If I may, Mr. Chairman. Yes, sir. I do believe we have several other postponements. I knew there were some more postponements. All right. And I'd lost sight of Matt. I didn't know where he was. I was hiding. You were hiding. All I saw was the back of your head back there. Rory showed me the secret place where you don't have to be on camera, so I was hiding back there. He ought to know. So I have two postponements. The first one is on page 4 of the agenda, PLNMJDP 21-55, Shriners Hospital, Masonic Temple. Request a two-week postponement to the July 28th so we can have a meeting before the hearing with the neighborhood. I just want to comment on this one. I'll entertain a motion. Mr. Chair, I'll move to postpone PLNMJDP 2155, Shriners Hospital, to July 28th. Okay. Second. Second by Mr. Mickler, Robin. Vote when it comes up, please. Okay, and then the second item is on page- Hang on, let me vote on this. Still voting? Yeah. Sorry. All right. Thank you. Now go ahead, Mr. Carter. I was a little anxious there. Sorry. That's all right. I'm anxious too. Go ahead. On the agenda, page 6, item D, PLN, MJDP 22-35, Hoover, Ford, Philpott Evangelistic Association property known as the Fountains. This is adjacent to the other one I postponed. Same thing, we're trying to get a neighborhood meeting and we want to hit both of these projects at the same time. So request two-week postponement. July 28th? Yes, sir. Anybody in the audience want to comment on this one? If not, the chair will entertain a motion. Mr. Chair, I move for postponement of PLNMJDP 2235, postponement requested by the applicant and postpone until 7-28-22. Second by Anthony. Thank you, Mr. Carter. Got another one or is that all of them? That's it. Okay. Thank you. Just didn't want to skip. All right, any other postponements or withdrawals? Mr. Chairman? Yes, sir. Staff has two postponements to bring to your attention. All right. Miss Warren. Look, there's a big happy grin there. You're what now? Remember, they're going to come back to you. I was fixing to say, you're just jamming them up, so how are you doing? Go ahead. I thought Mr. Duncan told me I needed to bring my bedroll for this. The first item starts at the bottom of page four on your agenda. It is Major Development Plan 22-31 Lakeview Plaza Lot 3A. This is property located at 2905 Richmond Road. We have received a written request from that applicant for a one-month postponement. We are working on some serious circulation and drive-through issues on that property with the applicant. Sure. Anybody in the audience want to comment on this one? If not, the Chair will entertain a motion for PLMJDP 2231. What's the date on that? Let's see. It's August 11th. Does that sound right? The 11th. All right, Mr. Chair, I'll move to postpone PLN MJDP 2231 Lakeview Plaza Lot 3A to August 11th. Thank you, sir. Second. Second. Vote when it comes up. All right. Hey, Mr. Chairman. Yes? I direct you in the planning commission's attention to page six. This is at the bottom of page six, item E, it is major development plan 22-36, Pearson and Trapp Company, track one. This is our good old Gardenside Shopping Center. We have received a written request for a one month postponement on this plan as well. We have similar issues as we did on the last plan where we're working with them on their layout relative to their drive-through and the functionality of the proposed site. All right. Anybody want to comment on this one? If not, the chair will entertain a motion. Mr. Chair, I move for postponement of PLN MJDP 2236 Pearson and Trapp for postponement at the applicant's request until 8-11-22. Second. Second. Second by Anthony. I'll vote when it comes up. Thank you. Are we ready now for the consent agenda? Well, that took care of most of them for today. I was thinking we postponed most of them. Unfortunately, the consent agenda is not very long, but we could still address this one item without a presentation or further discussion. We have one item on today's consent agenda for PLN MJ SUB 22-2 for Lansdowne Merrick, also known as Shady Brook Estates, Tract 4. That's property located at 3581 Colt Neck Lane, which is on your regular agenda. That appears on page 3, and it's item A. The Planning Commission subdivision committee recommended it for approval, and there were no further discussion items on that particular item. So if there's no one in the audience today, I don't see anyone in the audience except the representative or if the Planning Commission doesn't want to hear that, then we can. Anybody on the Planning Commission want to hear this? I'm trying to say this with a straight face. All right. The Chair will entertain a motion to accept the consent agenda as presented. Mr. Chair? Yes, ma'am. I move for approval of the consent agenda as presented by staff. Second. Second by Anthony. Vote when it comes up on the screen. Thank you. All right. Are we ready for Mr. Martin? I believe Ms. Galt will be presenting the first item on your agenda today, which appears on page two. Sure. And if I may, Mr. Chairman, and this is certainly up to you and the commission's desires, you may recall at the subdivision committee, we presented all four of these plats and then discussed the waiver that's associated with all four of the plats. that may be an expeditious way to do it here as well. But, of course, that's up to you and the commission. I mean, that's the commission. Is it all right to present all four of these before we do a motion? Then proceed, Cheryl, and we'll do all four of them, and then we'll talk about the waiver. As Tom was saying, this is Warrington Woods subdivision. All four of these plats, they are wanting to take the private streets and ask for them to be turned into public streets, and they're taking this to the council to be able to get approval. Part of it is that they have to bring these plats to us and have you all review them, and then they go to the council and they make that decision. As I say, all of these plans, as you can see, this cross-hatching here, this is the private street that they're wanting to make public. They're located off of Shinaway and then Pepper Hill and they're located on Warrington Circle, Warrington Wood Lane and Megan Wood Circle. So the next one, again, you can see where this is off of Pepper Hill. We have part of the street and a cul-de-sac. This one here is an extension. It has two cul-de-sacs off of it. And the last one is at the end of the street, and it comes back in here and has cul-de-sac. All of these cul-de-sacs each have islands on them, and it's agreed upon with the HOA that they will continue to maintain those islands on the property, on those streets. All the plans, as you can see, they all have the first five conditions are our typical sign-offs, and also including utility sign-offs. They have some cleanup conditions on each plat. I don't want to have to go through all of those. We did have one discussion question. It was discussed note number four about a one-foot sidewalk easement in the front of the property. We believe that that can be changed to a resolve because we'll wait and see where we are with the waiver, the street geometrics, and what they will have to do to be able to turn these private streets into public streets. So we could change that to resolve on all four of the plans. I'll let Tom present the waiver to you all, unless you all have any other comments or questions. Any questions for Ms. Gull? And we are changing all four of the discussed to resolve. Yes, sir. Thank you, sir. Mr. Chairman, members of the Planning Commission, what's interesting about these four plats that you see before you today is that this is a request for private streets to be dedicated as public streets. Now, there is an adopted CAO policy that dictates how that must be done. And one of those steps in that process is review by the Planning Commission and recommendations by the Planning Commission on the acceptance of these streets. Now, as part of that process, other divisions of the government, engineering, traffic, fire, just like they would on these plats through the technical review committee, they also act independently in their review as part of the CAO policy. And there are times when, for instance, you would not see a dedication of right-of-way on a plat because you delegated that to staff. So that's just kind of a normal procedure now. We get a plat, and right away it gets dedicated. But because we're taken private to public, this is an express part of the CAO policy, is that review by this body. Now, in this particular instance, this is also important because there is the waiver request that you have before you relative to these streets. I will tell you that because of the acceptance of private streets to public in the past, before this policy existed, well before this policy existed, our regulations were changed. And the land subdivision regulations now require that private streets be built to public standard. And that removes some of the issues that you're going to hear about today on the street and on private streets. Because we just now, under our current regulations, we go, you want to be private, that's fine, but you're going to build to a public standard. So in this case, Warrington Woods, as Cheryl explained, it's off Pepper Hill and Chinewy intersection. I think it's kind of more to the southeast, southwest of that intersection is the area. It was rezoned in 1977 to R1B. R1B, we rarely see that anymore. That's a very large lot requirement. It's, you know, R1A is our biggest, and we have R1B in the urban service area. So they're very large lots. It was created, like I said, it was rezoned in 77. And interesting enough, these plats, and that was early 77, these plats were then recorded in September of 77. So they, the developer got onto this project, you can see, got the infrastructure in very quickly so he could move forward with this development. One of the aspects of that zone change when staff reviewed the minutes was that their intent in the design of these streets was to achieve a rural setting. And they wanted to do that because that reflected the more upscale subdivisions of the time. So they came in. They followed the topography. they were able to protect a lot of trees. The site, this neighborhood, is heavily treed. It's got a good canopy. The streets are curvilinear, and that was all designed to meet with the topography. Lyle Layton was the landscape architect that laid it out. Some of you may read, I know some of you knew Lyle. He was a member of the Planning Commission for quite a few years. He was, like I say, a practicing landscape architect and taught landscape architecture. He was a gentleman of the old school. Lyle was. I'll share briefly one thing he said I'll never forget as a planner. He said, when you pull into a parking lot, you need to know where to go. That was one of his, in other words, you shouldn't be confused. So anyway, that's something that has stayed with me all these many years. But Lyle Ayton was the architect, and he stated this was their intent to achieve this design. So what we have here are private streets that were built at a more narrow right-of-way, 50 feet as opposed to the 52 feet we require today. It's not a big difference. No sidewalks. And the curbs are different. And this was interesting. And I had to verify this with engineering to be sure I was looking at it the right way. one side of the street has an HDR curb, which that's a curb with no gutter. The other side, they're lip curbs. Well, lip curbs are very gentle. You can mount them. You can roll right up over them. They're just kind of a gentle trough. And it is important to remember that our streets and our subdivision regulations aren't just defined as our transportation system. They're also part of our stormwater management system. That's a very important function for our streets. Now, the waiver is a request to address the fact that these streets were built more narrow right away. Again, different curbs and no sidewalks. I will say that in terms of depth, and that's a big concern with street construction and access easements. I know you all have probably heard this from your staff now in these last few years, that when it comes to access easements, a lot of times staff's concern is that depth of the subgrade and then the pavement. So it'll hold up so it won't wear out. Well, this street was built very, very close to the required standards. There was just a slight difference in depth to the first coat of pavement. You have a dense grade, you have pavement, and then you have your final course of pavement. So in this case, they've held up well. The depth is not a concern as part of the review. No one has recommended that they be reconstructed, torn up, and that sort of thing. What has been recommended in the past during the review, the initial review, by the way, was an ordinance by the council was in 2004. And what happens is conditions are placed on acceptance. And the HOA, Homeowners Association, Owners Association, they have to upgrade according to those recommendations before the council will accept it. That did not happen. So they're back before you now in 2022 to try to finish, in essence, what was started in 2004. So staff, again, in reviewing this, we have looked at it, we've talked with traffic, we've talked with engineering, fire. Fire is going to recommend a parking restriction on one side of the street because of the narrow width. That's standard for them. They do that now frequently. Again, an access concern for them. they will be required if it's deemed necessary to repave the streets. Again, assuming, and I need to stress this, ultimately this is a council action. They can take all these recommendations that are made to them by this body and by staff and say yay or nay to what they wish to impose on the owners association for the acceptance of these streets. So, again, with that, there was some concern, and the reason I brought it up, with stormwater facilities in the area, engineering. And interesting enough, in the staff's research, we found a 2002 memo that recommended a stormwater study be submitted to the Division of Engineering. What that translated to in 2004 on the council ordinance was the owners association in this neighborhood will be responsible financially for any future necessary stormwater improvements. What you'll find if you read our report, waiver report, is one of our recommendations is that be denoted on the plats. So, again, it's a compromise to save them from a very comprehensive study that may or may not result in those improvements being done at this time. But it does cover the taxpayer. The government from any future requirements being done would have to be borne by this neighborhood. So the stormwater, again, is a very important aspect of our street system. The other issue that staff was particularly concerned about are sidewalks, our pedestrian system. And again, interesting enough, the 2002 memo didn't make it to a 2004 memo, all the recommendations, and certainly didn't make it the ordinance, was to have the neighborhood construct sidewalks. That was actually something recommended back then. Your staff today to you and your waiver is recommending that they do construct a sidewalk on one side of these streets. Not on both sides, but your staff believes it's important that pedestrian facilities be addressed. This is not a new topic. You all hear it all the time. You know how hard we stress pedestrian facilities and how important they are that our street system accommodate everyone. So that is a recommendation that we're making to you today. And again, I want you to understand that that won't necessarily be in the council ordinance. That's under their purview. And certainly they're going to take your recommendations into account, just like they're going to take staff recommendations through this process into account. But it is ultimately a council decision. And again, staff believe sidewalks are extremely important in any neighborhood. They're important for all users. They're important for the neighborhood. They're important for other people that may be walking in the neighborhood, exercising in the neighborhood, walking their children, their dog in these neighborhoods. And to share with you an interesting personal, not me personally, but a perspective on that is that we had an in-house, in-staff discussion about trick-or-treating. And it so happens that a staff member trick-or-treated with their children in this neighborhood once upon a time some years ago. And of course, there was no sidewalks for these children and their parents to walk on as they trick-or-treated. And again, you all know how I am. I'll share with you my personal feelings in this regard. I love trick-or-treaters. I love trick-or-treat. Always have. I think it's just a wonderful community-building activity. You want to get to know your neighbors? Go knock on their house and get candy for your kids. But I do. I love to see the little ones come up having a good time. So there you go. But again, staff has reviewed this. We are recommending approval of the waiver subject to conditions that you see on your waiver report. We agree there'd be a hardship to completely rebuild these streets. They've held up for 45 years. You know, they've functioned for 45 years since the late 1977 when they were built. But we do believe it is important that they construct a sidewalk. One thing I left out, this is a small item, but it's standard. We've done this before, is to note on the plats that the existing traffic island be maintained by the owners association. We don't ever accept those except in very rare circumstances in some older situations for us to maintain. It's just a headache to send streets and roads or the parks department out there to try to mow and take care of these medians and these traffic islands that have been built in these neighborhoods. Most of them are relatively small. So again, that will be maintained by the owners association. And then again, as I stated, denote on the plats that the cost of any required future stormwater management features shall be the responsibility of the owners association. I'll be happy to answer any questions you may have. Mr. Martin. Yes, sir. As we're looking at the staff's recommendation, number three sidewalks along one side of the street, is that going to reference the five foot sidewalks? Yes, sir. Okay. It would be five now. It was four back then. Now they're five. And I'll, you know, thank you, Mr. Nichols. I will address something because I know they're concerned about that. One of their reasons about hardship and expansion of the road and that sort of thing was disrupting existing landscaping and features along their properties and along their lot lines. And we recognize that. But staff would point out that a sidewalk can be moved. Our ordinance even encourages it to go around trees so that we don't damage and hurt the trees. So we believe they have a 50-foot setback on all these lots. We think there's room for a sidewalk to be accommodated on these properties. Any other questions, Mr. Martin? I just have one. I'm curious on the curb, the curb, on the curb that's curved. Is it on the downhill side of the topography? It's like a little trough. I don't know what it is, but is it on the downhill side of the topography? Was it designed to wait for water to go into the lawn? Well, it's just on the side of the street, yes. So it curves up, yes. So the property is right here on the high side of that curb. Is the curve lower than the square curve on this side? You know, I don't know. That's an interesting question. I'm thinking it would be on the downhill side of the property. Oh, of the street itself. Drainage would go into the lawns. You know, I don't know. I didn't look at that. Engineering, I don't, but they both carry water. Both curbs will help channel and carry the water. Frankly, I couldn't begin to tell you, and engineering didn't, at the time I talked to them about it, didn't venture any opinion on why. They found it interesting, as I did. It'd be one on one side and one on the other. But... That's a good hypothesis, though. Yes, indeed. No doubt there was a reason. I mean, I'll give credit to our engineers, both public and private. You know, they take a look at these things and design them and try to do what's appropriate. So that's a good question, Roland. I like that. That's interesting. Any other questions? I've got one, Tom. How do you decide which side of the street the sidewalk is going off? I think we'll leave that up to them. Because if that requirement makes it through council, then they just need to install one. I don't think we have any strong feeling. I wouldn't want to attend that neighborhood meeting. I understand. I understand. If they can't agree, they could build one on both sides. I mean, that's not going to hurt our feelings. I understand. But then you'd have to have a crosswalk to get you from one side to the other. Frank? I got one more question. Is there any limit on the number of times the sidewalk can cross a street? Are they going to have it, if they pick one side of the street, it could come for 500 yards and then it could crisscross across and 500 yards more? Are they going to require to make it contiguous all the way to the next street cut? I think I would probably defer that to traffic engineering. I just didn't know if there's a requirement. Hey, poor Steve's going, what did you do? Yeah, I think that would come down ultimately to the submission of improvement plans. I do have a question related to the sidewalk. And it's also just my being not exactly familiar with what our road standards are. But these are very lightly used roads, I'm guessing, because they all are cul-de-sacs. on going to not-that-venue properties and all residential. This proposal is calling for the removal of parking on one whole side of these roads, essentially freeing up space that could be dedicated to pedestrian activity on the already existing paved surface. I mean, I'm just not, I mean, I'm a supporter of sidewalks, but I'm also not seeing a lot of traffic here and adding a lot of infrastructure work and disrupting people's front yards. I'm just curious if we're removing parking on one side, does that not leave, I mean, that leaves more space for pedestrian activity on the street itself? It does, yes, but public streets are for everyone, everyone. We have the connection fight with neighborhoods on so any of our projects anymore. And the same is true with sidewalks. So again, we view sidewalks as a public good and not just specific to a neighborhood or to traffic volumes. You okay with your question? Did you get the answer you needed? All right, let me ask a follow-up question to that. Does the fire department decide which side the parking's on and which in, or how's that decision? It's generally a very simple solution where the hydrants are, because that's where the water line is. So you put the no parking on that side. That's generally how it works. That's part of our continuing education project. Mm-hmm. Yeah. And, you know, water's usually on one side, gas on the other. I got you. Okay. Well, we all get credit for continuing education for this one. All right. Any other questions? Applicant, you want to visit with us a little bit? Mr. Chairman, members of the commission, I'm Gary Rowland, land surveyor with CAM Surveying. We prepared the four plats, and we've been working with Ms. Tibbs and the association so far in the process. So I'm a little bit familiar with their neighborhood association in the streets. As far as the plats go, I don't think we have any problem with the conditions. that on all four of the plates are sort of clean up items, things that we can work out with staff, minor issues that I don't think there are any problems. On the waiver request, we had just a very short time to look at it. So really we were kind of, we'd been able to skim through it before the meeting. But really the bulk of it, we were, you know, as we were listening to Tom explain the staff's recommendations, You know, within the waiver request, I think that, you know, everything sounds good except for on the sidewalk issues. And Ms. Tibbs has asked me to just bring up a couple items that I sort of thought of from a technical standpoint. And then Ms. Tibbs very well may have some comments as well. As far as requiring the sidewalks out here, you know, there are utilities likely on both sides. In general, when subdivisions like this are designed, there's a gas line on one side, there's a water line on the other side. If we have to put the way that the slope works out on this street is it's fairly significant topography going up on one side and going down on the other. That's sort of the standard for where we're at. With whatever we do, there would have to be some grade changes to make the sidewalks work. I'm quite confident the city is going to want that slope coming from the sidewalk towards the curb to drain the water towards the street. So we're kind of limited on what kind of grade design could be done with the sidewalks. It's going to cause pretty significant cut and or fill wherever the sidewalks go, which could create some silt runoff, things like that. And it would certainly change the topography of some people's front yards. There's no doubt about that in what I think most people would think is a negative manner. They also currently, Ms. Tibbs has said, there's no stormwater problems that she's aware of out at the site. So if we have a situation where the streets are already acting as our storm runoff, as part of the engineered storm runoff design, and we change that, then it's hard to imagine getting better than no problems. So anything we do, maybe it causes no problems, but it certainly can't get better when we already have no problems. There was also a couple other little things here. I think those are my main things. The utilities, the fact that we have no problems right now, it would be a significant grade change. Oh, the one other thing. Tom had mentioned that, you know, there's some flexibility in where you can put the sidewalk. And I'm sure Tom is 100% right. I can tell you from my personally dealing with different divisions within the urban county government, and by and large, almost every person I deal with is good, and we work together. It is a process. If you want to move a sidewalk one foot different than what was originally shown on a typical section or what is approved, I can promise you it uses up resources. Maybe you all know and maybe you don't. It uses a lot of resources to make a deviation from what standard is, both from the individual paying us to work things out with your all staff, with the city's resources, and obviously with the homeowners association. So I do appreciate the flexibility, but that flexibility does come at a price on some of that. If anybody has any questions regarding the plats or anything technically that I have on there, I'd be more than happy to answer. And I think Ms. Tibbs may have some things. Well, let's ask your questions to Mr. Rowland first. Do you all have any questions, Mr. Rowland? Seems like you must have done a good job. I just have one question. In the neighborhood I live in, when we have stormwater problems, we don't usually have them. We usually send them downstream. Okay. You know what I mean? So are you all aware of any stormwater problems further down where water is getting funneled from your area to somebody else? Okay. Thank you. I'm sorry, Ms. Tibbs, could you actually come introduce yourself for the record and maybe repeat that statement so we get it in the recording? Thank you. I'm Trudy Tibbs, our HOA president for Warnton Woods. And I hear the issue about the sidewalk. We haven't had any issues in 45 years. accidents nobody's been hit and I take my dog and four grandchildren for walks through the hood and we've been very safe it's a quiet neighborhood I mean it's a little street nobody wouldn't most people don't know that we're even there so and then I I've checked with some friends who live in in Castle Gate and their streets recently become city streets and they have sidewalks in some sections but some sections have the same issue we have where I'm kind of on a hill the people down here are a little bit lower and so they have no sidewalks at Castlegate at this point and as far as I know it's been safe because they're quiet little streets do you have any questions yeah I've got one as a homeowner association, and I know you've been talking about this street thing for a long time. What precipitated you to decide to do it at this time? Well, in 2004, we had voted to proceed with becoming city streets. There was another president for HOA, and so all of us thought since 2004 that we were city streets. Then I became the HOA president three years ago and found out that we were not city streets. So that's why we decided to go ahead and proceed with this. I just wondered how that time lapse worked out. I was shocked. I was surprised. If I was a homeowner president, I'm not sure I'd want to take that on, but that's fine. You know how that happens. I know. Anybody else have questions? First to you. Yes. Mrs. Tibbs, what is the perceived benefit of the Warranting Woods Homeowners Association to dedicate your private streets to public streets at this time? That way our streets would be maintained at the same level that the rest of the city is. We pay all the same taxes. We get city services, but it would be good to have the city sweep our streets, for example. Absolutely. That's a benefit the city provides. It's certainly a good thing. But we take care of maintaining everything. We've got a great guy that comes and scrapes our streets. We don't expect the city to come into our little neighborhood and scrape us out, but we have little hills and people can't get out unless we take care of that. So we don't expect the city to do that. that we would continue to take care of that. All right, thank you. Any other questions? Yes, sir. This is just a technical question. This might be for staff. Does the city permit private contractors to be hired by associations to scrape the public streets? They do. do allowed or they don't? Yeah, they do. Anything else? Thank you for coming down and enlightening us. Thank you for hearing our issues. That's interesting. All right, any other, anybody in the audience want to comment on this? Matt I know you're hiding back there but I didn't know what you wanted alright any other questions for the staff on this waiver request if not then we will entertain a motion to approve the waiver do you want to do it with the I think the waiver is applicable to all the plants. So do it all in one motion? I think it all in one motion. That's fine. So you've heard the staff's recommendation that we approve the waiver with the plants. And change to resolve. And change all those on all four plants to resolve that discuss about the sidewalk even front property. Mr. Chair, just before I vote on the waiver, would it be possible for us to have a discussion on what our thoughts were on the sidewalk? Certainly can. Certainly can, and that's a good time to do it. Let's hold the motion for the plats, and let's talk about the waiver, because we're going to do these all together. So, being as you brought that up, have you got anything you want to share with us on that? Well, I'm maybe still a little open for persuading, because I'm not sure I've fully made up my mind, which was partially maybe me stalling voting on it. But I mean, looking at these streets and hearing what they had to say about the quietness and the already existing built infrastructure, I'm not seeing a compelling reason, than principle to require the sidewalks and i'm not sure if it's not a required principle that we should hold it and i'm not i'm not sure that i would i would be opposed to letting this proceed without the requirement of the sidewalks okay that's an interesting comment anybody else want to weigh in on this bruce sure i'll weigh on and then and then possibly make a motion my thoughts on city sidewalks is that they are invaluable connector from all of our communities and where we're going to see the implementation of our streetscapes is through developers who are doing projects and this is a good project to get sidewalks on. What I'm finding is other parts of our neighborhood that don't have the type of investment that's necessary still has what looks like 18 inch sidewalks all over our city. So I'm for sidewalks on wherever we can get on in order to provide the connectivity necessary not just for the residents that are there but for our community that owns the street excuse me i won't cut you off anybody else want to weigh in on this yeah i'll just weigh in and say that it looks like it's a question of of, you know, do we want to bring these into the public, the way they're supposed to be with public sidewalks and maintenance and everything, or leave them private? I don't see it as it's kind of one or the other. So I'm in favor of the sidewalks as presented by staff, which isn't both sides. I guess an agreement on what would work best. Anybody else? I will say that I have always had problems with people walking in the streets and I think anytime you can avoid that anytime you can get people out of the streets it's a good thing and so I know it's going to be an imposition but I'm kind of like Anthony now if you're going to let the city have the streets I think you need to do the sidewalks that's just my opinion anybody else if not then And we'll entertain the motion with the waiver. Bruce? All right, I'll give this a shot. Knowing that this vote then goes to council, and I'm sure they're going to make some adjustments to what we recommend. I would like to recommend approval of PLN FRP 22-13-15-17 and 18 with the recommendations from staff. We will be changing, discussing any reference to, We discussed note four about any of the sidewalk information needs to be changed to resolve, is that correct? Okay, anything referencing sidewalk needs to be changed to resolve on these four plats. I would recommend approval and also approval of the waiver with the staff's findings and the three recommendations. Thank you. Is there a second to that? Second. Second by Anthony. You've heard it. You've heard Bruce's motion and you've heard the waiver motion, so let's vote when it comes up on the screen. Thank you all. Good luck with the council. Thanks for giving me a chance to hear the others. That's exactly how we do. All right. Get back to my program here. We're going to page 5, Tom? Derody? We're going to the Derody? Yes. Page 5C. Yes, sir. Mr. Chairman, members of the commission, we are on page 5. This is a major development plan, 22-34 of Valley Park. Derudy Street Apartments. I know this is familiar to many of you. This was a zone change just a short time ago for this apartment building. It's an interesting site. Here we are with Derudy into Valley Street. This is the Versailles Road viaduct right here. and here's our railroad I guess see see no railroad right away but what's a very significant about this site is the impact where it sits it's got railroad right away it's got us 68 or 62 whatever 60 thank you for sales or us 60 right away. And then of course local street right away impacts this site. The plan was approved, zone change as you can see for the apartment building, access onto Derudy, access is proposed onto Valley as well. Here's the dumpster. You may recall that dumpster was a huge issue, the functionality of that dumpster and the impact it had on this property. And I think staff would like to stress that, that this is a heavily impacted, difficult piece of property. There was floodplain. They had several variances that were granted by the Planning Commission at the zone change. There was a variance from the floodplain that is in this area. The stream is primarily in a culvert. It does daylight over here and then flows on down towards Town Branch. But it's primarily in a culvert as it goes back down to Rudy, which is upstream. the research seems to indicate something very interesting this site may never have actually been developed at all there may not have even been a little house or anything on this property apparently we couldn't find any evidence whatsoever that anything was ever here the parking was an issue and they were granted some relief from the parking they availed themselves of the deductions, and even, and staff was happy with this, they have 16 units. Half are going to be affordable, which afforded them a parking break. These, again, a lot of work went into this plan at the very beginning, up front, with the zone change and continued through the final development plan, which has been approved. we have an approved plan and this is an amendment or an amendment, it's a change. One of the conditions was that they withdraw that approved plan because it's still current. It just is waiting to be certified. They did that this morning. In fact, shortly before this meeting they officially withdrew that version. And here's the significance. Now, there's a large, Another thing I want to mention, there's a very large utility easement that crosses this property. It's a transmission line easement. It's a large easement. A retaining wall that's going to vary anywhere from 3 to 13 feet in height also is necessary on the property. The difference in this plan is right here from the previously approved plan. They've added three parking spaces right here. Now, in our initial review, staff was very concerned with their ability to meet the open space requirement. It's always been a tough situation on this impacted, this difficult property. And again, I don't want to overstress it, but I think it's important to really understand the challenges on this property. So they came back to add this parking. Now, the good news is that's off-street parking. So there's less conflict on the street, less issues on the street, less issues with people perhaps parking and having to walk further to the building. But again, in staff's mind, we became very concerned with their ability to meet the open space. You can see this is all nice and green. Ah, well, I'll go back to, oh, I'm sorry. I thought, well, we didn't load it. they've given us an exhibit demonstrating they can meet the green space. And they can, based on a square footage. They meet it. They meet it primarily through this area and this area and these areas around the building. The front yard cannot count as open space. They could fence off their side street yard, their front side street front yard. If they wanted to utilize that open space, they'd have to fence it off. So, again, you know, staff is dealing now with a proposed text amendment that's going to address usable open space. But we're not there yet. So, basically, we've got a situation where we have a difficult-to-developed piece of property. We've got some affordable housing that technically they meet the open space in terms of square footage. uh there's about three feet in here and along here um i don't even know if there's enough room to allow your dog to relieve himself there or not i don't know but again we understand the difficulties here and and they're meeting the ordinance technically and and that's why i think here's some good news in that regard and that's the purpose of this slide right here There's the property. There it is right there. It's 200 and some plus maybe 300 feet to where we're going to have this nice big public park as part of the redevelopment of Davis Bottoms. So in terms of the need for open space, the availability of open space, staff is confident that the residents of this building are going to have ample opportunity to have the open space that they need. So, with that, even though you can see your subdivision committee did recommend postponement, with what they have submitted to us, they've withdrawn Plan 21-52, that's item 16, on page 6 of your conditions. They've also submitted a rendering, and I apologize, I meant to upload that as well for you to see, but they have submitted a rendering that shows their compliance with the infill and redevelopment architectural features that are required, which, again, is a condition 15. We always like for them to specifically state what features they intend to meet and where they can graphically show them, graphically show them. That saves problems down the road with building inspection, trying to figure out what they want to do or intend to do. And so that's why we did that. And again, they have documented their ability to meet the square footage requirement of the open space. So with that, staff does believe that we have an approvable plan at this time. I'll be happy to answer your questions from your staff. Yes, sir. Yes. Quick question, Nate. done a great job to, this is a tough site. You all have done a great job putting this together. The eight foot multi-use path is really neat feature. It wraps around this property. It kind of opens it up. It takes it out of this hole and opens it up to the community, but unfortunately, it stops underneath. Who can provide eight inch pathway underneath the highway? That 200 feet to get us there who does that i believe the government's going to do that and it's part of the redevelopment of davis bottoms that'd be fantastic all right thank you and again one of the good things about that as you all know this is the uh the land trust property and affordable housing and again this park is an integral part of the redevelopment of davis bottoms Technically Mr. Martin, is that Davis Bottom or Irish Town? Irish Town is actually this point. More that direction. Okay, so it's still part of Davis Bottom. This is Davis Bottom. Okay. And never the twain shall meet. I spent a lot of time in there, but I never knew whether I was in Irish Town or Davis Bottom because I went under the bridge, so thank you. Any questions Mr. Martin? Thank you. Mr. Carter. Good afternoon. Matt Carter, Vision Engineering. We are in agreement with the conditions, and then we also feel like given the difficulty of this site, to all the constraints on it that some considerations should be taken in on your decision on whether the open space is acceptable or not. We do meet it in spirit as far as the numbers go. Whether or not it's the most optimum open space, we could debate on that, but like Tom said, there is a park coming nearby and we do have that eight foot multi-use path that would lead people to the park so with that i'd be glad to answer any questions you have and any questions from mr carter i of course was here when we did the a lot of us were when we did the first the first plant or the first development plan and the other way in and out sure makes a lot of sense especially with the dumpster because that was the big sticking issue and I appreciate you working that out any other questions for the applicant thank you well mr. Carter you're the only person in the audience I can't ask you Anybody on the back row will make any comments? If not, then we'll close that part of the hearing and we will move on to the planning commission discussion. I've got a quick comment just in general. This piece of property is interesting to me because we've hit about the most difficult, least appealing pieces of property in our city. if we're delivering we're trying to build housing underneath the west high street overpass that's right which means affordable housing is a problem so take a look at this these guys did a great job we need more room to we need more opportunity for land that can allow this type of development so we don't have to be underneath the west high street bridge would you rather have cardboard houses or would you rather have these kind all housing is good housing but this is the best well the cardboard housing is not that's what was there for years oh i know it's fantastic that they've done this but it's unfortunate this is the last piece of property you could do something like that with thank you anybody else want to comment if not then the chair will turn this over for a motion and you need to we need to take out 16 uh withdraw the plan prior to approval we need to take that one off so we just have 15 conditions. Mr. Chair I move for approval of PLNM JDP 2234 with the 15 conditions recommended by staff. Second. Second by Jan. Vote when it comes up on the screen. Thank you Matt. Well done. Thank you. Thank you. I didn't get up there. The Zota has been postponed. Is there anything else before we do the officers? I do think if we go down the agenda on page seven, we don't want to forget the performance bonds and letters of credit and then also as we move further down elections. I know that performance bonds I hadn't picked up on that. Thank you. The chair will entertain a motion for approval of performance bonds. Release performance bonds is probably the better way to put that. Can you do that? I can't do it. I'll move for the approval of the performance bonds and letter of credit. As presented by staff. it's presented by staff all in favor vote when it comes up ivy's got the second okay oh ivy okay all right then the other item we have is the nominating committee has worked on a slate of officers for this next round and uh who's going to present that report Jan you want to take that nominating committee oh okay all right Jan's gonna do it okay so the nominating committee has made the following slate as recommend the following slate chair Larry Forrester vice chair Anthony de Movalin secretary Janice Meyer and parliamentarian Zach Davis so I move for approval of um the uh slate as presented the approval of the slate is presented the slate is presented okay anybody want to comment on that before we vote if not the chair will entertain a motion to approve the slate of officers as presented i just did okay there's a second to that I have a second vote when it comes up on the screen. Congratulations. Anthony you're the worst recruiting no votes I've ever seen in my life. I will go on and ask for the delegation of the secretary's duties to the planning staff. Yeah. That's a good point. I'm honored to serve, yes. Thank you. Can I backtrack a couple of items? For some reason, I guess because I had a diagram on the screen, I didn't get to vote on the Derudy project. It didn't show up in time, so I want to go on the record as having been a yay vote on that. Mr. Duncan. Thank you, Mr. Chair. I want to remind you all that we have a planning commission work session next Thursday, a week from today. We'll be in the Phoenix building, third floor, where we'll have continued discussion about the goals and objectives for the comprehensive plan. And for those of you who won't be here next week, but will be back for the July 28th meeting, reminder that the parking will be disrupted at that point. So everyone who's currently parking in this building will be parking in the Phoenix lot, as well as the people who are already parking in Phoenix. So I do encourage you to get here a little early to see if you can get a space and if not to give yourself time to park in the Helix garage, the county clerk garage, and then get back over here. And if you have any questions, we'll be glad to send that information to you again. Thank you, Mr. Chair. Thank you. Any other further business? We want to thank our stand in legal counsel today. Thank you for- Chair moves it. We're adjourned. Thank you. Thank you. We can be alive We'll keep the spirit alive Holding on We'll be dancing in the moonlight Smiling with the rising sun