# Planning Commission Subdivision Items - October 13, 2022 > Auto-transcribed civic record · October 13, 2022 - **Permalink**: https://meetings.lexingtonky.news/meeting/5659 - **Source video**: https://lfucg.granicus.com/player/clip/5659?view_id=14&redirect=true - **Date**: 2022-10-13 - **Last revised**: October 13, 2022 - **Length**: 2,531 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 October 13, 2022, at 1:30 PM in the Council Chambers of the Urban County Government Building at 200 East Main Street in Lexington, Kentucky, with Larry Forester presiding as the meeting officer. The commission addressed five agenda items during the session, all of which were approved, demonstrating a productive meeting focused on various development and housing projects throughout the area. The commission conducted 10 motions and votes throughout the proceedings, indicating thorough deliberation on the matters before them. No public comments were heard during this meeting, allowing the commission to focus entirely on the business items at hand. The approved agenda items covered a diverse range of development projects, including residential subdivisions and apartment complexes. These included the Winburn Land Company Inc., Unit 3 (Kingston Hall) project, Hillenmeyer Apartments (Artisan Apartments), Lexingtonian Estates (The Silks Club), a combined item addressing Collins, Orell, & Wiggens, Lot 1-3 (DFAutoMall) and Poole & Jefferson Property (Bruce Glen), and the Bluegrass Aspendale project by the Lexington Fayette Urban County Housing Authority. The unanimous approval of all five agenda items suggests the commission found the proposed developments met the necessary planning and zoning requirements for the community. ## Attendance The following members were present at the October 13, 2022 meeting: • Larry Forester • Frank Penn • Judy Worth • Zach Davis • Anthony de Movellan • Janice Meyer • Graham Pohl • Robin Michler • Ivy Barksdale • Headley Bell All ten members attended the meeting. Ivy Barksdale arrived late to the proceedings. No members were absent from the meeting. ## Votes and Decisions The meeting included ten formal votes, with most items receiving unanimous approval or postponement. **Minutes and Administrative Items** The commission approved the September 8, 2022 minutes by roll call vote [timestamp: 00:30]. Frank Penn motioned and Judy Worth seconded the approval, which passed 7-0 with 2 abstentions. Voting in favor were Larry Forester, Frank Penn, Judy Worth, Anthony de Movellan, Graham Pohl, Robin Michler, and Headley Bell. The approval of performance bonds and letters of credit passed unanimously 10-0 [timestamp: 01:30], with Frank Penn making the motion and Anthony de Movellan providing the second. **Project Postponements** Five development projects were postponed to November 10, 2022, all by unanimous 10-0 votes: • **PLN-MJDP-22-00058** - CRESTWOOD MONTESSOURI SCHOOL (REDWOOD CO-OP SCHOOL EXPANSION) [timestamp: 02:30], motioned by Zach Davis and seconded by Judy Worth • **PLN-MJDP-22-00051** - NEWTOWN SPRINGS, LOTS 7 & 8 [timestamp: 03:30], motioned by Frank Penn and seconded by Anthony de Movellan • **PLN-MJDP-22-00055** - COWGILL PARTNERS, LP PROPERTY (MEADOWCREST) [timestamp: 04:30], motioned by Janice Meyer and seconded by Anthony de Movellan • **PLN-MJDP-22-00052** - SAND LAKE AND ESTES PROPERTIES, LOT 5 [timestamp: 05:30], motioned by Graham Pohl and seconded by Ivy Barksdale One project received indefinite postponement: **PLN-MJDP-22-00045** - DISTILLERY DISTRICT WEST (U-HAUL, LEXINGTON) [timestamp: 06:30], unanimously approved 10-0 with Frank Penn's motion and Anthony de Movellan's second. **Approvals** The consent agenda passed unanimously 10-0 [timestamp: 07:30], with Anthony de Movellan motioning and Graham Pohl seconding. **PLN-FRP-22-00034** - BLUEGRASS ASPENDALE, LEXINGTON FAYETTE URBAN COUNTY HOUSING AUTHORITY received unanimous approval 10-0 [timestamp: 08:30], along with its associated waiver [timestamp: 09:30]. Both items were motioned by Anthony de Movellan and seconded by Ivy Barksdale. All ten commissioners participated in the unanimous votes: Larry Forester, Frank Penn, Judy Worth, Zach Davis, Anthony de Movellan, Janice Meyer, Graham Pohl, Robin Michler, Ivy Barksdale, and Headley Bell. ## WINBURN LAND COMPANY INC., UNIT 3 (KINGSTON HALL) [timestamp: 07:00] The planning commission reviewed agenda item PLN-MJDP-17-00097 for Winburn Land Company Inc., Unit 3 (Kingston Hall), which involved a request for an extension of a previously approved development plan. The original plan for this project was approved on October 26, 2017. The applicant submitted a request to extend the approval timeline for the development, which is a standard procedure when projects experience delays that prevent completion within the original approval period. Traci Wade served as the key speaker during the discussion of this agenda item. The presentation focused on the extension request and the current status of the Kingston Hall development project. The planning commission approved the extension request, allowing Winburn Land Company Inc. to proceed with Unit 3 of the Kingston Hall development under the terms of the original 2017 approval. This approval enables the applicant to move forward with the project without needing to resubmit a completely new development application, provided they continue to meet the conditions and requirements established in the original approval. The extension approval maintains continuity for the development project while acknowledging the practical challenges that can affect project timelines in real estate development. ## HILLENMEYER APARTMENTS (ARTISAN APARTMENTS) [timestamp: 07:00] The commission reviewed agenda item PLN-MJDP-22-00050 for the Hillenmeyer Apartments, also known as Artisan Apartments. The proposal involves adding two apartment buildings with 48 dwelling units and associated parking spaces to the development. Traci Wade served as the key speaker presenting the project details to the commission. The discussion focused on the planned residential expansion, which would bring additional housing units to the area through the construction of the two new apartment buildings. The commission evaluated the development proposal, considering factors such as the number of dwelling units, parking accommodations, and overall site planning for the 48-unit addition. The project represents a significant residential development that would expand housing options in the community. Following the presentation and discussion, the commission approved the Hillenmeyer Apartments (Artisan Apartments) proposal, allowing the development to move forward with the construction of the two apartment buildings and their associated infrastructure. ## LEXINGTONIAN ESTATES (THE SILKS CLUB) [timestamp: 07:00] The planning commission reviewed agenda item PLN-MJDP-22-00053 for Lexingtonian Estates (The Silks Club), which involved amendments to an existing development plan. Traci Wade presented the proposed changes, which included three main modifications to the current development: • Relocation of the swimming pool within the development • Addition of three new dwelling units to the project • Updates to various plan notes and documentation The amendment represented adjustments to the previously approved development plans for this residential project. The discussion focused on the technical aspects of relocating the pool facility and incorporating the additional housing units into the existing site design. The planning commission considered the proposed modifications and their impact on the overall development layout. The changes appeared to be administrative and design-related improvements to enhance the project's functionality and residential capacity. Following the presentation and discussion of the amendment details, the planning commission voted to approve PLN-MJDP-22-00053. The approval allows the developer to proceed with the relocated swimming pool, construct the three additional dwelling units, and implement the updated plan notes as presented. The Lexingtonian Estates project can now move forward with these approved modifications to the original development plan. ## COLLINS, ORELL, & WIGGENS, LOT 1-3 (DFAUTOMALL) AND POOLE & JEFFERSON PROPERTY (BRUCE GLEN) [timestamp: 07:00] The commission reviewed agenda item PLN-MJDP-22-00054, which involved an amendment for the redevelopment of properties owned by Collins, Orell, & Wiggens (Lots 1-3, DFAutoMall) and Poole & Jefferson (Bruce Glen property). Traci Wade presented the proposal, which calls for the construction of two structures totaling 51,315 square feet along with associated parking and vehicle display areas. The amendment would allow for the redevelopment of the existing properties to accommodate what appears to be automotive-related commercial use, given the reference to "DFAutoMall" and the inclusion of vehicle display areas in the plans. The proposal represents a significant development project that would transform the current use of the properties. The two planned structures would provide substantial commercial space, while the parking and vehicle display components suggest the development is designed to support automotive sales or related business operations. Following the presentation and any discussion, the commission approved the amendment. The approval allows the property owners to move forward with their redevelopment plans for the 51,315 square feet of new construction and the associated site improvements for parking and vehicle display purposes. The project represents a notable commercial development that will change the character and use of the properties involved, transitioning them to what appears to be automotive retail or dealership operations based on the vehicle display area component and the DFAutoMall designation. ## BLUEGRASS ASPENDALE, LEXINGTON FAYETTE URBAN COUNTY HOUSING AUTHORITY [timestamp: 08:00] The Planning Commission reviewed agenda item PLN-FRP-22-00034 for Bluegrass Aspendale, a development project by the Lexington Fayette Urban County Housing Authority. The proposal involves creating a 12-lot subdivision plat. Key speakers during the discussion included Tom Martin and Branden Gross, who presented details about the subdivision plan and addressed questions from commission members. The Subdivision Committee had previously reviewed this proposal and recommended approval, contingent upon certain conditions being met. The specific conditions were not detailed in the available materials, but the committee's positive recommendation indicated the project met the necessary technical and regulatory requirements for subdivision development. The commission ultimately approved the Bluegrass Aspendale subdivision plat, allowing the Lexington Fayette Urban County Housing Authority to proceed with creating the 12 proposed lots. This approval enables the housing authority to move forward with their development plans for the property. --- ## Decisions - **Motion** — passed (7-0): Approval of the September 8, 2022 minutes - **Motion** — passed (10-0): Approval of performance bonds and letters of credit - **PLN-MJDP-22-00058** — postponed (10-0): Postponement of CRESTWOOD MONTESSOURI SCHOOL (REDWOOD CO-OP SCHOOL EXPANSION) to November 10, 2022 - **PLN-MJDP-22-00051** — postponed (10-0): Postponement of NEWTOWN SPRINGS, LOTS 7 & 8 to November 10, 2022 - **PLN-MJDP-22-00055** — postponed (10-0): Postponement of COWGILL PARTNERS, LP PROPERTY (MEADOWCREST) to November 10, 2022 - **PLN-MJDP-22-00052** — postponed (10-0): Postponement of SAND LAKE AND ESTES PROPERTIES, LOT 5 to November 10, 2022 - **PLN-MJDP-22-00045** — postponed (10-0): Indefinite postponement of DISTILLERY DISTRICT WEST (U-HAUL, LEXINGTON) - **Motion** — passed (10-0): Approval of the consent agenda - **PLN-FRP-22-00034** — passed (10-0): Approval of BLUEGRASS ASPENDALE, LEXINGTON FAYETTE URBAN COUNTY HOUSING AUTHORITY - **Motion** — passed (10-0): Approval of waiver for BLUEGRASS ASPENDALE --- ## Full transcript Thank you. Thank you. Thank you. Welcome everyone to the Urban County Planning Commission subdivision items meeting. I'd like to call this meeting to order. It is now 1.30. And first on the agenda is agenda item two, approval of minutes. And this is the September 8th, 2022 minutes. So the floor is open for a motion. Mr. Penn? Mr. Chair, I move approval to the September 8th meeting that's presented by staff. Thank you. Do we have a second to that motion? Okay. Seconded by Ms. Worth. It's not working for us? Okay. Oh, there it is. There we go. Thank you. Just take a moment and we'll vote via Granicus here. Mr. Chairman, I will have to abstain from that vote as I was not in attendance. Thank you, sir. Thank you. You and Ms. Meyer. Thank you. We have it. Motion passes. Next, I just want to somewhat skip, but we do this a lot. We go down to agenda page seven. I'd like to get a motion for approval of the performance bonds and letters of credit. Mr. Penn. Mr. Chairman, I move for approval of the performance bonds and letter of credit as presented by our staff. Thank you. Do we have a second? Second. Seconded by Mr. DeMovallon. Please give some time so we can vote via Granicus. Okay. Motion passes unanimously. Okay. Agenda item three, postponements and or withdrawals. Good afternoon, Mr. Chairman, members of the Planning Commission. I am Steve Baker with Midwest Engineering and here representing plan number 22-00058. It's on page seven, item I of your agenda. So we request one month postponement on that project, please. Okay, that's page seven. Yes, item on. All right, thank you. So we have approval. I'd like to take a motion. Mr. Chairman, I move for postponement of PLN MJDP 2258 for one month. Is that correct? Thank you. Yes. And that the November 10th meeting. to the November 10th meeting. Okay. Is that okay? Thank you, sir. Seconded by Ms. Worth. Okay. All in favor, please vote via Granicus. All right. Okay. Okay. Motion passes unanimously. Mr. Gross, do you have one too? Good afternoon, everybody. Yes, the first case is on page four, item D, and that is the PLMJDP22-51 Newtown Springs, lot seven and eight. We asked for postponement prior to the subcommittee meeting because we're working through some things with staff And also with the seller, we're only going to now be buying one of the lots. So we're going to redesign the application. So we ask for a 30-day postponement to the November hearing date. Okay. Thank you. So we have a request for a one-month postponement for Agenda Item D, page 4. Floor is open for a motion. Mr. Penn. Chairman, I move for a one-month postponement to November the 10th For PLNMJDP 2251. Okay, thank you. Do we have a second? Second. Second by Mr. Demovelin. Please vote via Granicus. Okay, motion passes unanimously. Thank you, and I've got a second case. Okay. And this one is on page six, item H, PLNMJDP 22-55. That's the Calgill property on Winchester Road. We went through the tech review committee also on this one and we decided to postpone prior to the subcommittee. So we're gonna go through the subcommittee meeting and we request a one month postponement to November to allow for that. Okay, thank you. So we have a request for a one month postponement. The floor is open for that request. Yes, Ms. Meyer? I move for postponement of PLNM JDP 2255 Calgill Partners. to the November 10th meeting. Okay, thank you. For request to be applicant. Do we have a second? Second. Second by Mr. DeMovlin. Please vote via Granicus. Okay. Motion passes unanimously. Thank you, everybody. Thank you, sir. Mr. Chairman, members of the Planning Commission, Rory Kaley with EA Partners. On page four, bottom of page four and onto page five, this is MJDP 22-52, Sand Lake and Estes Property, Lot 5. I've got a few more items to work out with staff, so we'd request a one-month postponement to November 10th. Okay, thank you, Mr. Kaley. So we've got a request for a one-month postponement. Floor is open for a motion. Mr. Pohl. Mr. Chair, I move to postpone PLNM-MJDP 2252, Sandlake and Estes Properties, until the November 10th meeting. Okay. Thank you. And we have a second. Thank you. By Ms. Boxdale. Please vote via Granicus. Okay, motion passes unanimously. Thank you. Thank you. Okay, so that'll put us next to the staff. Consend agenda. Mr. Chairman, the staff does have an item to bring to your attention for postponement. Yes, sir. The item is on page three, is item B. It is major development plan 22-45, the distillery district west. Staff has received two different written requests for an indefinite postponement on this plan for a redesign. If you were to look at item 13 on your agenda on this plan, Article 19, the floodplain, is a very large challenge for this particular applicant. Okay. So we have a request for an indefinite postponement. The floor is open for a motion. Mr. Penn? Oh, Ms. Worth. Okay. Go ahead. Mr. Chairman, I move for an indefinite postpone for PLNMJDP 2245 in regard to the floodplain issue. Okay. Thank you. Do we have a second by Mr. DeMovina? Okay. All in favor, please vote via Granicus. Motion passes unanimously. Thank you. Now we're up to the consent agenda. yes sir we do have a number of items today that appear on our consent agenda for yet for in fact so I'll read through those and then we'll ask if there's anyone in the audience that needs to or wants to ask that any of these be heard or if any of members of the Planning Commission wish to have them heard then the staff can make a presentation so the first one appears on page two and it's item 2a for pln mjdp 17-97 windburn land company incorporated unit 3 also known as kingston hall and that's for property located at 1098 aspiration drive this is actually a re-approval just to note that so or an extension of a previous approval the next three items were all recommended for approval by the subdivision committee the first one appears on page three item 2c pln mjdp 22-50 for hillemeyer apartments are also known as the artisan apartments for property located at 2601 and 2651 sandersville road the next item is on page five item 2f pln mjdp 22-53 for lexingtonian estates and that one's also known as the silks club for property primarily the primary address out here is 1561 winners circle and then the last item is on page five of your regular agenda page our item 2g pln mjdp 22-54 for collins oral and wiggins lots one through three and then pool and jefferson property and this is for the don franklin auto mall for properties located at 3340 and through 3450 richmond road just the even side and then also 201 squires road so again we'll just ask if there's anyone in the audience that wishes to have any of these items heard today and if not the Commission if you so choose can act on all four items with the consent of the bill this way can I ask a question on the one on page 5 PLN 2253 note number 10 I don't remember seeing that before can we We just have a little brief description of what that means. Would you like us to pull it and do a presentation or just? I'd just like to have answers right now, sure. For that reason. That is a note that we often put once a project is built out for townhouses. Because when a townhouse development, when they sell the individual units, If someone chooses to put a sunroom or a deck on their unit, their individual unit, technically the way the ordinance reads, they would need to come back and amend the final development plan. So to keep that from occurring for each property owner on the development plan, we generally have put this note on here for probably, I don't know, 10 to 15 years. And that allows for that individual property owner, as long as they're not exceeding the zoning ordinance requirements, to make small additions to their individual unit. Thank you for that explanation. When I read that, I'm thinking they're selling unfinished units. well in this case there are some unfinished units but this note would only apply to the finished ones okay thank you mr kaylee and i had that conversation right and i would add that's specifically why we said individual owners as opposed to the developer because they'll be on when they're sold their fee simple this is continuing education question yes sir question okay and then i would also note that for item number one on the consent agenda there was a there was a sign that was necessary because it's in the expansion area so ea partners has provided the affidavit to show that the sign was posted on that property okay well thank you um if there aren't any further questions the floor is open for an approval of the consent agenda as presented i'll move for approval of the consent agenda as presented by staff thank you mr demoverland do we have a second second okay we have two seconds so we can take which Mr. Pohl. And we can vote via Granicus. Okay. Motion passes unanimously, so that should put us on agenda item one on page two, PLN FRP 22-34, Bluegrass Asmendale. Thank you, Mr. Chairman, members of the planning committee. this first and only item for your consideration today is a final record plat. And here, as you all know, I'm sure you remember this development. Here we have Shropshire Elementary School. This is part of the Hope 6 development. It's actually the last little piece of the Hope 6 development. This is the alley, public alley that they're constructing and will be dedicated in this location. You recall that Community Action Council is going to build a daycare. These are single-family lots through here. They will access the alley. And here we had five townhouses proposed on that particular lot. Now, this lot and this lot are governed by final development plans. Again, these single family lots will not be governed by a final development plan. They're just going to be created by this plant so then permits can be issued and houses can be built on these. The reason that you see it before you today is they have requested a waiver. and to a certain degree this is perhaps a classic waiver for infill facilitation. We have the Housing Authority that's developed Hope 6 through here, a nonprofit, many, many years of service to the community. We have Community Action Council, again, many, many years of service to the community for low and moderate income residents in our community. They also get funded by different sources. And so they both have procured funding to begin the development of this property, but they're different sources. There's a need to coordinate construction, need to coordinate the project as it goes forward, but the Community Action Council needs to take title to their property. So they're asking for a waiver of 4-7, which is substantial completion of the public improvements, and then sanitary sewer because they want to record this and transfer it before it will actually have the sewer completed. All that will subsequently be done as they coordinate their infrastructure construction, and they will follow the normal process henceforth on that in terms of the engineering manuals. They will bond what is necessary to bond, for instance, and just move forward with the project. So it's really a classic case where they need to coordinate their construction. I mean, to the point where they'll need to coordinate. They've got different designers, by the way, which is not unusual. They'll have to coordinate the grade on this site along with what the Housing Authority is grading on here and grading for the alley they're going to be constructing. So that is very simply the essence. It's a matter of coordinating that construction. And so they are requesting a waiver. Your staff has reviewed it, and we are recommending approval of that waiver. And I'll be happy to answer any questions you may have for staff. Okay, Mr. Penn. Tom, refresh my memory. That alley that goes back through there, is that a dedicated street or is that a private alley? It will be dedicated public alley. Yes, sir, and access from those single family homes and the daycare will be to that alley. Okay. I knew I'd heard something, but I didn't know what it was. Okay, no further questions. All right, thank you. Thank you. Applicant. Good afternoon, ladies and gentlemen. Brandon Gross on behalf of the applicant. I think Tom did an excellent job of summarizing our request, and I'm here to answer any questions that you may have. Not seeing any. Short and sweet. Short and sweet. All right. Well, we bring it back to the commission. Yes, sir. Doesn't seem like there's any questions, so the floor is open. I can't see for a motion. and we do have a waiver with this request as well. Mr. DeMovlin? I'll make a motion to approve PLN FRP 2234 Bluegrass Aspendale. Thank you. We have a second by Ms. Boxdale. Second. Yes, yes, you got it. Everybody, is y'all trying to go to Keeneland today? We got time. Are you passing out the tips? Okay, all right, Mr. Penn, you got a vote too. Okay, all right, thank you. Motion passes unanimously and we're gonna take out the waiver now? Sure, I'll make a motion to approve the waiver request for PLN FRP 2234 with the findings as provided by staff. Okay, we have a motion by Mr. Demoverland, do we have a second? Seconded by Ms. Boxdale. I'll second by the board, so I'll be fine. All right, so Ms. Boxdale, she's seconded that motion. That's fine. Please vote via Granicus. Okay, motion passes unanimously. Thank you. See you. Okay. Mr. Duncan. Any commission items? Is Mr. Duncan there? There, Mr. Duncan. I didn't see him back there. Mr. Chair, I'll speak quickly so we don't break any records today. I want to remind you all that we do have a Planning Commission work session scheduled for next Thursday, October 20th. We'll be on the third floor of the Phoenix Building. And we do have a full agenda of updates and an activity for you all to do. So we hope you all can be present for that. Thank you. You did break a record, Mr. Duncan. I think I broke my record today. Mr. Penn don't like that, though. Are you bragging or complaining? Both. any further comments Zach any tips for Akina that's right that's a tipster okay well this meeting is adjourned thank you .