I call this meeting to order is April 13th, 2023. First on the agenda, the approval of minutes. We have three sets of minutes, January 26th, February 23rd, and March 9th. So the floor is open for a motion for the approval of minutes, those three sets. Can we do them all in one motion? Yes, we can do it in one motion. Mr. Chair, I move for approval of the minutes of January 6, 2023, February 23, 2023, and March 9, 2023 as submitted. Thank you. Do we have a second? Second. Second. Ms. Meyer, please vote via Granicus. Okay. Thank you. And I did see we do have performance bonds and letters of credit. I'm going to skid through, that's on page six of the agenda. I'd like to go ahead and get that agenda item motion. So the floor is open. Ken? Mr. Chairman, I move for approval of the call of the bonds as presented by staff. Thank you. Do we have a second? Okay, second by Ms. Boxdale. Please vote Villagranicus. Okay, motion passes. Postponements and withdrawals. Good afternoon. Zach Cato of Billings Law Firm. I'm here to request postponement on two matters, the first of which is on the bottom of page three of the agenda, Item 3B, it's PLN MJDP 2245, Distillery District West. This is one that has a significant number of challenges that are being worked through. And again, we're not ready to present to the commission at this time. We request a one-month postponement. Okay, thank you, Mr. Cato. So that's the May 11th date? Yes. All right. All right. Any questions for the applicant? Okay, the floor is open for a one month postponement. Mr. Davis. Mr. Chairman, I move for a one month postponement of PLNMJDP 2245 to the May 11th meeting. Thank you. Do we have a second to that motion? Second by Ms. Barksdale. Please vote via Granicus. Motion passes unanimously. The next one is actually the next item on the agenda on page four, subsection C, MJDP 2279 Coleman property. Same situation, continuing to meet internally with staff, with different people to work through issues and need more time. So we would request a postponement until May 11th for this as well. Okay, thank you Mr. Cato. Any questions for the applicant? If none, Mr. Penn. Mr. Chairman, I move for postponing a PLN MJDP 2279 to the May 11th meeting. Thank you. We have a second. If I'm Ms. Worth. I see you at finger pointing. It's not working, but. All in favor, please vote via Granicus. Okay, motion passes unanimously. Thank you. Very much. Stand. Yes, okay. All righty. And put us on page two. Yes. I'm ready, Tracy. Okay. Chairman Forrester, members of the commission, we do have a consent agenda for your items on the regular agenda today. And I'll read through those and see if anyone is present today that wishes to have any of these items removed from the consent agenda and heard in full. So if you do hear an item and you're in the audience and would like to have it heard, if you'd just raise your hand, I would appreciate that. The first item appears on page two of your regular agenda, item 1A, PLN FRP 23-5 for Haggard Farms LLC property. That property is located at 924 Harp Ennis Road in Lexington. And we do have the necessary affidavit regarding the sign posting on the property now. The next item appears on page 2 and 2A of the agenda. It's a preliminary subdivision plan, PLN MJSUB 23-2 for the Margaret W. Kamek property, previously known as the WE Savage property, for property located at 4630 Old School House Lane. Okay, our next item appears on page three of your agenda. Item A, PLNMJDP 20-72 for Buckley and Cowgill Warehouse property, previously known as Overbrook Land Company amended. And this is for property located at 2003 and 2007 Liberty Road. This was previously considered by the Planning Commission and was approved, but it has since expired, so the applicant's asking for re-approval. Next item appears on page 5. It's item D, PLNMJDP 23-14 for Woodland Christian Church Incorporated. The Flats at Woodland, this is for property located at both 530 East High Street and 205 Kentucky Avenue. Moving to page two of the consent agenda, page five, item E in your regular agenda, PLN MJDP 23-16, Berry Crest Subdivision, Lot 11, and also the Webb Property Office Park, Unit 2, for Block A, Lot 1B. This is an amended final development plan for property at 271 Pasadena Drive and 2350 Regency Road. Okay, lastly, on page 6 of your agenda, item F, PLN MJDP 23-17 for the Man of War Development, Unit 2A, Section 2, also known as Lot A-2, an amended final development plan for property at 1973 Bryant Road. So again, if you heard an item in that list that you wish to have pulled and heard, if you'd raise your hand, I can do so. I don't see anyone in the audience, Chairman Forrester, so I think the commission can move forward unless one of you want one of the items pulled. All right, thank you. Thank you. Okay, unless there's any changes, the floor is open for a motion to accept the consent agenda as presented. Ms. Meyer, I think the screens are locked. I'll move for approval of the consent agenda as presented by staff. Okay, thank you. We have a second. Seconded by Ms. Barksdale. We can do a show of hands if you'd like. I shouldn't have 23 of these. Just have one item left. I'm going to get stuck on this. I'm trying to get them to postpone that subdivision. They wouldn't do it. No. Thank you. Did you get one of those? Okay, I got two for some reason. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Mr. Chairman, I vote in support of the motion. However, I disqualify myself from PLN FRP 23.5. Thanks. Do you want to get a reason? Financial. Yeah. A financial conflict of interest. Thank you. Okay, so Commissioner Davis, we'll need you to fill out the appropriate form that we have for that particular item. Thank you. All right, thank you. Are we good to go? All right, Mr. Pinn? All right, now we're good to go. Thank you. So to put us on agenda item on page 2, 1B, PLN FRP 23-8. Mr. Chairman, members of the Planning Commission, The remaining plan that we do have on your agenda is, in fact, on page 2, item B, final record plat 23-8, Bluegrass Business Park, Pemberton Farms, slots 1 and 3 be amended. As you all well know, when record plats come to you, they come to you because they're requesting relief from the regulations. Otherwise, being ministerial in nature, they're staff approval items, as you all are well aware. So this item comes to you today with a waiver request, which has been distributed to you at your seats. So here we are. We're out at the industrial park located at Georgetown Road and Citation Boulevard. This is Jaggy Fox Way. This is innovation. a portion of innovation at this location. It currently exists and is connected to Georgetown Road in this location. The connection in this location was designated as a temporary connection from the very beginning of this development, from the original approval. That information has been carried forward. Subsequently, on all the record plats and development plans were required. They're not all required for every lot out here, but the record plats have carried this information forward. That was done because at the time, Citation Boulevard had not been completed. So there was no Jaggy Fox connection to Citation. In fact, on the original plans, it wasn't called Citation at that time. So it was designated as a temporary connection. You can see that it was intended to terminate in a cul-de-sac. And that right-of-way exists. That's one thing this plat will do if approved along with the waiver will change that right-of-way configuration. There was a bond issued. the bond was issued, to close that and construct that cul-de-sac at such time as Jaggy Fox was completed to Citation Boulevard. Well, the years went by. Citation was constructed. Jaggy Fox constructed. And this has remained, this connection. So recently, the subject came up again and was discussed and looked at. and the applicant had a previous waiver request on this. Staff at that time could not support that waiver request. It was based on innovative design and large-scale development. And it was difficult to justify in staff's evaluation that a temporary connection was innovative, frankly. Now, subsequently, they have stepped back and taken another look at it. And the important distinction in this waiver request is that they went back to the subdivision regulations and took a look at what they are. Now, your subdivision regulations specify spacing for our street systems by classification. You all have heard me talk about this before. You have arterials, you have collectors, you have locals, and it's a hierarchy. And it's very specific, and it talks about these connections, and it has very specific dimensions, distances, between intersections and where these streets are to go. It also has a land use access section. And that allows an applicant to utilize data to justify and establish their access points, rather than a fallback to a set dimension that's in the subregs. And in this case, for a non-residential access point, it generally defaults to 1,400 feet. So they had a traffic study done. What the formula allows you to do is put in, you plug in trip-ins, and then you follow the formula. You do a bunch of math. It's lovely math. There's parentheses within parentheses, and you just keep working it down, and you'll get to a dimension. Which they did. And I want to stress that. It's important to note that they properly utilized the land subdivision regulations and used that formula. They did a good traffic study. Traffic engineering planning reviewed it. Had no issues with it. The study even went further than just trip-ins. But in order to establish spacing, all they needed to do was do a study that would establish the trip-ins. And that study did utilize the entire industrial park, which is very important. They just didn't fall back on a couple of existing factories or the lots that are right there at the intersection. So that was important. They utilized the entire area. So, again, they utilized the subdivision regulations appropriately in order to establish a distance for this access point. Now, before I return to the plan, give you an overall, this will help, an overall picture. So again, this is the intersection, Innovation Drive, Georgetown, here's Citation, Jaggy Fox, and of course, Innovation curls up through here and hits Spur Road at this location. We just approved a waiver request for an access, a modified access point, as you're well aware, into this commercial area where another Publix is going to locate. This distance right here is approximately 800 feet. So again, as I mentioned, under normal circumstances, you default to 1,400 feet. By following the subdivision regulations and utilizing that formula, the spacing came out to 703 feet. So they fall within the subdivision regulations by following the formula that the regulations provide. And so again, this spacing that they're proposing will meet the subdivision regulations. Again, it slightly exceeds what their math and the study math demonstrated would be an appropriate distance for these industrial uses on Georgetown. Now, that being said, as you all know, staff is always conscientious of how we manage access on our arterials. And we've watched Georgetown Road very closely with a lot of concern. You all know we had a lot of talk about this one and how to do it right. So, again, we're always concerned about appropriate traffic management. So with that, one of the things we are recommending is a right turn lane with this intersection. We're also recommending that they develop this intersection to the approval of Kentucky Department of Transportation and Traffic Engineering and do any other improvements that might be necessary for this to be a safe and functioning intersection. Now, a signal here is not warranted. It may be warranted in the future. And interesting enough, and they pointed this out in their request, the District 7, good old Kentucky Department of Transportation District, they consider this as a permanent access point. And they've incorporated it into their improvement plans. And the applicant has indicated that they intend to work with the Commonwealth and with District 7 to do the appropriate improvements at this intersection. There have been, the good news is there's been a small number of accidents in this area, relatively speaking. They tend to be rear-enders, which reflect the high rate of speed that happens along this area. Unfortunately, human nature is such that we have a nice wide open road. We tend to drive fast. But again, with the right turn lane and other improvements to the intersection, We believe that the waiver is consistent with the intent of the land subdivision regulations. Recommend approval to you today and we'll be happy to answer any questions you may have for staff. Thank you, Tom. Any questions for staff? Okay. Thank you. Applicant? Good afternoon, ladies and gentlemen, and I'm sorry that you have to be here on such a beautiful day when Keeneland's in, so I'll make my comments short. Brandon Gross, I'm here on behalf of the Bluegrass Business Park. We have read the subdivision committee's conditions from last, I guess last week. We are approval. We agreed to all those conditions. We've read Mr. Martin's report on the waiver, and we agreed to comply with those conditions, too. So I don't have anything else to add. I think Mr. Martin did a great job of summarizing the project. So unless there are any more questions, I will sit down and get out of your way. Any questions for the applicant before he sits down and get out of that way? We know each other. Thank you, sir. Thank you. Is there any citizens that would like to speak on this particular agenda item? Please do so by stepping up to the podium. All right. I'll bring it back to the commission. I'm for a vote. Mr. Penn? Well, I want to congratulate people on the effort that's been put into this. I think we've been talking about this for years, and I'm glad that they were able to use the subdivision reg to make this work. So if you'd like to have a motion. Yes. I move for approval of PLN FAR 23-8 with the eight conditions. Grant, you want the waiver in it? Do the waiver separate or can we do the waiver separate? All right, then we'll do it with the eight conditions. Okay, we have a motion. Do we have a second to that motion? Seconded by Ms. Boxdale. Please vote via Granicus. Okay, that motion passes unanimously. Okay, now the waiver. Mr. Chairman, I move to grant the waiver to PLNFR23.8 as presented to us today. Okay, now we have a second to that motion. Ms. Boxdale. Second, Mark. Okay, motion passes unanimously. Thank you. Thank you. All right, so that will put us on the commission items? Yes, sir. Page six, and we have an appointment with committee members for the floodplain committee. And we do have Councilperson Whitney Baxter is going to be, and our commissioner, Jan Meyer, will be taking that spot as well. Do we need a vote on this? So the floor is open for a motion to accept Councilperson Whitney Baxter and Planning Commissioner Jan Meyer. Ms. Worth? That's fine. It doesn't. I move to approve those two appointments. Thank you. Do we have a second to that motion? Second by Mr. Penn. Please vote via Granicus. Okay. Motion passes. Did we miss anyone? I don't know. You can't vote for yourself. I guess not. Can she vote for herself? For the council? I just did. Well, it's too late now. She really wants that position. Yeah, she must. You really want that position. Mr. Duncan. I appreciate you doing it. Thank you. Mr. Chair, members of the Planning Commission, some of you all will recall that earlier we asked you about scheduling a special meeting in June. And most of you replied, I know how busy Mr. Nickel and Mr. Mickler are. So we want to go ahead and see if we can confirm when you all would like to meet on this. Most of you said the morning of June 27th, but you also said you were flexible. I will tell you Mr. DeMovillum was the only person that said he preferred the late afternoon. But, and I realize we're about two months out from that meeting, but because the consultants are coming into town and we are trying to work around the council's schedule, I think it would be good if we could go ahead and get that squared away now and alert the administration about what we're going to do. So since most of you asked for the morning, if that's what you'd like, we can perhaps say let's offer up 10 o'clock on Tuesday, June the 27th. It would be in this space, and the consultants for the planning process would come and present their findings to you, their recommendations and findings. And while you're thinking about that, I will also tell you they're going to present to you at your work session in May as well, but that will not be the final results. They will be telling you what they've collected so far and seeking your feedback and input as they prepare their final report for a month later. Do we need a motion for the June 27th meeting here in the council chambers at 10 a.m.? Correct. Yeah, so you would be amending your meeting schedule to include that on there because that meeting will be open to the public. Board is open for that. Motion? Mr. Bell? Mr. Chair, I move for what you just said. We are amending our meeting schedule to add the June 27th meeting at 10 a.m. in Council's chair. That's exactly right. Exactly. Thank you. Second by Ms. Boxdale, she's on it today. She's a second, though. She's like Ava, she tried hard. Thank you, Mr. Duncan. Okay, thank you, Mr. Chair. And then just a reminder that we do have our Planning Commission work session next Thursday at 1.30 in the Phoenix Building, third floor. So we hope you all can be there. And just to also give you a preview of work coming up, The council, you may be aware of this, but the council will take up the review of the goals and objectives starting next Wednesday at 10 o'clock. They'll be doing that as a committee of the whole, and they'll be meeting in this chamber's meetings open to the public to consider the goals and objectives that you all recommended for the comprehensive plan. They have four meetings scheduled at this time that would take them through nearly the end of May. One of those includes a public input meeting, and we'll be glad to keep you apprised of how that's going. All right. Thank you. Thank you. The meeting is adjourned. Good job, Larry. Thank you.