Good afternoon and before we, um, get started today, I think that we should observe a, a moment of silence in, um, in memory of Carol Goes who, uh, passed away last evening. Um, Carol, uh, appeared before this group many, many times and, and for many, many years. And, uh, she will be, certainly be missed and, uh, by all who knew her and, uh, all who would... Who worked with her. And we extend our sympathy to her family. So if we could have just a moment of silence, please. Thank you. Uh, one other piece of, uh, housekeeping that I would like to do today before we get started, and that is to officially welcome Derek Paulsen, our newest member of the commission, to the commission. Uh, welcome and, uh, don't get any ideas. The, uh... I've never seen an agenda this short. Uh, they might have done it because I was chairing. I'm not sure. Uh, but welcome and, uh, we're delighted to have you. The first item of business is the, um, approval of the minutes from the July 23rd meeting. Uh, are there any additions or corrections? If not, the Chair will entertain a motion for approval. Madam Chair, I'll move for approval of the minutes from July 23rd, 2009 as written. Mm-hmm. Second. Approval... We have a, a motion and a second. All in favor say aye. Aye. Opposed? Motion carries. Are there any postponements or withdrawals? Hearing none, um, we'll move right along to the first agenda which is, uh, item number one, uh, Homestead Nursing Center LLC Zoning Map Amendment, and Homestead Nursing Home Property Zoning Development Plan. Uh, I'll call on Ms. Wade. Are you... Just need a minute to get my boards up. That's fine. Good afternoon, Madam Chair, members of the commission. Uh, the one item on our agenda today is MARC2009-10, a request for a rezoning, uh, by Homestead Nursing Center LLC, and then its associated development plan and conditional use permit request. This is a zone change from an R2 zone, which is the two family residential zone, to an R4 zone, which is the high density apartment zone, at 1612 Versailles Avenue. The subject property... I'm sorry, Versailles Road. The subject property is approximately, um, one and a quarter acres and is located on the... Located... Located on the south side of Versailles Road, um, generally between Harts Brook Lane and Terrace View Drive, which is... Comes out here, I'm sorry. Terrace View Drive. Um, the subject property fronts onto Versailles Road and has direct access to, um, Versailles. It's currently a single family residence and has been vacant for some time now. Uh, the zoning in the vicinity includes R1C zoning to the north, across Versailles Road, R3 both to the east and west, uh... Uh, to the west and north, R2 and R3 to the south. Um, the subject property is approximately one and a quarter acres, and is located on the... Located... Located on the south side of Versailles Road, um, generally between Harts Brook Lane and Terrace View Drive, which is... Comes out here, I'm sorry. Terrace View Drive. Um, the subject property fronts onto Versailles Road and has direct access to, um, Versailles. It's currently a single family residence and has been vacant for some time now. Uh, the zoning in the vicinity includes R1C zoning to the north, across Versailles Road, R3 both to the east and west, uh, R2 and R3 to the south. It's currently a single family residence and has been vacant for some time now. The, uh, the zoning in the area includes R1C zoning to the north, across Versailles Road, R3 both to the east and west, uh, to the west and north, R2 and R3 to the south. ... are four to the south for, um, a parking lot as well as another nursing home, or a nursing home, and then a f-... some lots that are R-2, uh, further to the east. The applicant is proposing to rezone the property to the R-4 zone in order to expand a current nursing home, the Homestead, uh, Nursing Home, located just to the east at 1608 Versailles Road. And in order to accommodate that, either an R-3 or an R-4 zone is required. In both zones, a nursing home is a conditional use, and the app-... or the applicant has also requested a conditional use permit at this time, which the commission can, uh, consider with the zone change. Other uses in the general vicinity are, of course, single family to the north on the other side of Versailles, um, but on the south side of Versailles, the nursing home immediately to the east, a second nursing home to the south, and then along Versailles Road to the west, there are... eh, there's at least one or two single family residences. There's a community residence, which is similar, I guess, to, like, a group home. And then, um, I believe, also, an- a small apartment complex that has access off of Hill, Hillrise Drive to the rear. Um, the applicant, as I mentioned, is proposing a conditional use, a, a nursing home. They have stated that their interest is in relocating beds from the existing facility to an expanded area on the subject parcel, and they would be converting three and four bedroom rooms, or bedrooms, to semi-private, which would be two beds per room, and private rooms. Um, the conditional use permit is addressed in a separate staff presentation today. And that will be handled, I believe, by Mr. Salih. The 2007 comprehensive plan for this location, Barb, if you could put up the... I'm gonna leave it for you. It's always kinda hard to see on our, on our large map. Uh, but we have Versailles Road, and the subject parcel is located right in between two or, um, two areas that are recommended for, uh, very high density to the east and high density residential to the west. And the subject parcel is recommended for low density residential. Um, also in this general vicinity, we have low density recommended further to the east, and on the north side of Versailles Road, a medium density and another high density area to the west. So this area is, um, remains recommended for residential, um, and it has generally a residential character. With the applicant proposing a nursing home, it's diff-... um, well, I guess I should step back a minute. The low density residential recommendation is, um, defined by the comp plan as zero to five dwelling units per net acre. And with the, um, applicant proposing a nursing home, it's difficult to translate, um, beds in a nursing home to bedrooms or, um, dwelling units of a, a home. So the staff couldn't conclude that this is in agreement with the comprehensive plan, so the staff reviewed the appropriateness of the request and did find, or note, that the applicant, or the application is for property that is surrounded on three sides by R-3 and R-4 zoning, and it is also, um, in an area that's not particularly low density on the south side of Versailles Road. Um, it is possible that the high density residential zone could accommodate, uh, the density range recommended by the comp plan, which would be up to six units on this property. But in general, um, a low density recommendation by the comp plan doesn't, uh, usually correspond with an R-4 zoning. Uh, so the staff is recommending a conditional zoning restriction for the subject property to limit the density of the property to remain in line with the comp plan, which would be up to six units on the property. The staff, um, in considering the appropriateness of the zone change, as I mentioned, we considered the zoning, but we also considered that the 2007 comprehensive plan goals and objectives, particularly goal 20, uh, recommends the support of community, or community support for maintaining a range of community facilities and services, and particularly under objective P, supporting provisions and opportunities to satisfy needs for private non-residential facilities such as hospitals, nursing homes, and social service facilities that are privately owned, but, um, but maintained for the pub- for public good. The redevelopment of the subject property is in line with improving the quality and privacy of nursing home facility, and certainly would be to the benefit of Fayette County, uh, residents. And the staff, um, is recommending approval, as the zoning committee did as well, of this zone change, because the R-4 zone is more appropriate than the existing R-2 zone at this location, um, because of the existing zoning to the east, west, and south, as well as, um, the fact that more intense land uses generally sur-... excuse me, surround the subject property, and that R-2 zoning at its nearest point is over 200 feet from the property. And then lastly, that the comp plan recommends, in terms of the goal, um, goal 20, objective P, the support of, uh, non-residential, uh, services for the county. Uh, we make our recommendation subject to the approval of the corresponding development plan, and with the conditional zoning restriction, we suggested a limit of six dwelling units, but also, um, limiting the availability of conditional use, um- ... um, options on the property to seven uses, um, including, uh, nursing homes, hospitals, assisted living facilities, um, schools, churches, uh, kindergartens, and those type of uses which are more community-oriented. And then lastly, that no free-standing signage be available for this property. The neighboring property where the existing nursing home sits already has, um, a sign, so we felt that was meeting their need already. Be happy to answer any questions about this recommendation. Uh, before we begin, I might remind the commission members that we are using the computers today, so if any of you would like to, uh, speak, if you would... Let's... We're gonna give this a shot today and see if we can get through it. Are there any, any questions from the commission? I, I just have one for Ms. Wade. Yes. As I understand, the conditional u-... There are- Mr. Holmes. The conditional- She wanted you to use your computer. Well, y- I like talking on the microphone. On the conditional use, does that go with the property or just for that one entity? Um, I don't have the staff report in front of me. I know Bill will cover that when he, when he does his presentation- Okay. ... if you wouldn't mind waiting. All right. Okay. Thank you. I'll turn it over to Mr. Martin, if you're ready for the development plan, then. Thanks. Thank you, Ms. Wade. Madam Chairman, members of the commission, on the top of page three, you have your preliminary development plan associated with this zone change. It is ZDP2009-52 Homestead Nursing Home property. The zone change property before you today is this property here. Here is your existing nursing home, your Versailles Road frontage, Hillrise Drive at the rear of the property. You can see an access point existing to Hillrise. This parking area does exist and currently serve this facility. Here, we have a proposed parking area detention, the new wing to be added, 12,408 square feet. We have existing access here and here. This is an existing driveway to this property that shall be removed. This will become your shared access. This will go away, and they'll have these two points, so you'll have service this way and circulation. There is a drive, as you can see, back through here that will take you around to the rear of the building or allow those people to come to the front of the building as well. This little area right in here is where their dumpsters are located. Uh, you can see outlined on the property, there's a lot of green. There are some trees that we have highlighted for you on the property. Uh, the tree inventory indicates that they are oaks and maples and, and s- very good species of trees. The plan was reviewed by your subdivision committee and recommended for approval, subject to the 15 conditions on your plan or on your agenda. These are pretty standard cleanup conditions, for the most part. There was one discussion item, number 15, that you may recall, that the applicant has agreed to a placement of a LexTran bus stop at the time of the final development plan. Uh, they would like to defer that at this point. There is some concern on the applicant's part exactly where to place it so it doesn't obscure or interfere with their presentation of their facility to Versailles Road, but they have, uh, recognized the importance of such a stop. Uh, I would like to add that, should you approve your zone change, that you would need to add an 16th condition, which would be to denote your conditional zoning restrictions. And if you have any questions, I'll be happy to try to answer them. Thank you, Mr. Martin. Thank you. Mr. Salley. Thank you, Madam Chair, members of the commission. Good afternoon. This part of the application can be found on page two, item B on your agenda. I'm presenting today the, our staff report on the conditional use portion of this request for MARC-2009-10. The requested conditional use is for a nursing home, and nursing homes are listed as a conditional use in both the planned residential, planned neighborhood residential zone, R3. That particular use carries into the R4 zone, which is the zone change that's been requested as part of this application. Uh, until recently, the planning commission was only able to hear conditional uses inside the defined infill and redevelopment area. Uh, but earlier this summer, the zoning ordinance has been amended, and now conditional uses and variances can be, uh, discussed and considered by the commission, uh, at the time of any proposed rezoning. And that's certainly the case today. I have an aerial photo on the overhead I'd like to briefly show you to orient you. This is looking from the south to the north. We have Versailles Road at the top of the photo. Hillrise Drive is just off the photo at the rear. The existing nursing home is immediately adjacent to the east of the subject property, and there is a parking lot to the rear of that facility, and also to the rear of the subject property. And the subject property is at this location. You can see the existing structures, and as Mr. Martin has described, the development plan proposes a new structure on this property that will be used in conjunction with the existing nursing home. As Ms. Wade covered in her report, the driver of this conditional use request is the use for the subject property as a nursing home, not to increase the number of beds that are available at this f- facility, but to reduce the number of beds in the existing building and allow newer rooms, uh, and, uh, nursing home beds to be provided on the subject property. The proposed addition to the existing nursing home is in the range of about 12,200 square feet, and is proposed for approximately 40, uh, nursing home beds in the new construction, not visible in the current photograph. In our staff report, which can be found on the third page at tab two in your notebooks, the staff had two points in support of this conditional use request. The first is that the staff found that granting this proposed conditional use will not adversely affect either the subject property or surrounding properties. And then secondly, allowing the facility to expand, in the staff's opinion, will enable this nursing home to, uh, offer more privacy to its residents and provide an upgraded facility. Uh, we believe both of these will be more attractive to both current and future residents of this nursing home. At the conclusion of our staff report, you'll see that the staff has recommended approval of this conditional use request for three findings, three reasons. The first is, should the property be rezoned R-4 as requested, this conditional use permit will not adversely affect either the subject property or surrounding properties. In fact, this conditional use permit will allow needed expansion and moders- modernization of the nursing home use on adjacent land. Secondly, more than the minimum required parking will be provided, and adequate storm drainage and retention will be provided to comply with the requirements of the adopted engineering manuals. The third finding from the staff is that all other necessary public facilities either are or will be available for the proposed use of the property for a nursing home. Our recommendation of approval of the conditional use permit portion of the application does have four recommended conditions. The first is, should the property be rezoned, that it be developed according to the submitted preliminary development plan to my right, or as amended VA via a final development plan that would be reviewed and approved by this commission. Secondly, we recommend a note be added to the development plan indicating that the conditional use has been approved. Thirdly, that any new or modified entrance from Versailles Road for the facility should be subject to approval by the Kentucky Department of Highways. That is an ordinary type of condition for most any access point in the community. And fourth, that the proposed parking area be paved and screened and landscaped as required by Article 18 of the zoning ordinance. To address Mr. Holmes', uh, earlier question, there is not a recommendation from the staff that this conditional use permit become null and void should the property be sold or transferred. Uh, that is a condition that, in the past, has been considered from time to time by the Board of Adjustment. It certainly could be imposed by this commission, if you will. I think the staff's take was that, with a development plan covering the property, that these other conditions are adequate even to allow the use should there be a transfer in ownership. With that, I'll be glad to answer any questions from the commission about the conditional use port- portion of the application. Mr. Holmes? My, my concern is what happens if the nursing home ceases to exist? The primary reason for the staff's recommendation for conditional zoning on the property is to address that contingency. Should the conditional use, uh, either not ever be engaged or abandoned in the future, the conditional zoning restrictions would still run with the property. There would be a development plan also controlling the property that would need to be amended for a different use, and we would have those limitations as the staff's recommending as part of the zone change portion. ...by the, the development plan? Yes. The development plan would need an amendment, in my opinion, to do a drastically different use than you're seeing today. Okay. Mm-hmm. Okay. Thank you. Thank you, Mr. Salih. Thank you. At this time, we will hear from the petitioner. Madam Chairman, members of the commission, my name is Bob Cornett. I'm with the Roberts Group. We're the engineers, uh, handling the project for the owner. Uh, the owner has been pursuing ownership of this property for nearly 20 years. The nursing home was constructed and operated around 1977. It's been in operation for 32 years in the neighborhood. Uh, there are 136 beds, uh, in the facility, uh, which are approved by the state with a Certificate of Need. Uh, it cannot be expanded as far as the number of beds goes without an additional CON from the state, which is almost impossible to achieve at this time. The sole purpose of the expansion is to take the three and four occupant bedrooms and convert those all to semi-private and private rooms. And that's what this expansion of the facility will do. There is a corridor that will connect the new facility to the old facility. The dining room and some of the other physical therapy and other facilities inside the nursing home will still serve the same patients. It will not be a separate building, it will not have a separate entrance. The main entrance on the front of the building will still be the only way to get into the building. There are emergency exits on the front and the rear of the building, uh, but those are exits only, or for the employees. Uh, the new parking facility, uh, at the front is for visitors. At the rear, uh, we expanded some for, um, employees, although there does not appear to be a great need for additional employees by distributing, uh, the patients. There may be a few extra employees have to be hired. Uh, but we just, uh, look forward to improving the facility. It is 32 years old. It needs some work done to it. Uh, this will allow us to make some of those changes to the facility, and, uh, we just hope that it, uh, gets approved. Thank you, Mr. Cornette. Any questions? At this time, uh, I wo- the commission will hear from any, uh, any people in the audience who are for, uh, for the petitioner. I'm not for or against. We- Sorry. We'll, uh, now we will, since there are no- since there's no one for, we will, we will listen to those- That's okay. ... who are against the petitioner. And if you would come forward and state your name and your address, please. Okay, I'm Joy Cocernot, and I live at 1616 Versailles Road, which is, uh, immediately, uh, well, I guess, west of, uh, 1612. I've lived there for 31 years. Um, uh, and I've had a wonderful neighbor who's Ms. Sarah Utterback, who, uh, died just January of this year, January 17th. Uh, and you know, my concern is, uh, you know, the high density zoning. I, I don't object. I, my, the reason I said I objected and I don't object is I'm, I'm welcome Homestead, but I'm, I don't, I'm not interested in having a high zone. Uh, uh, R4, I believe, is how you re- what it's called. Um, I'd be interested in a lower zoning. Uh, I, the reason that I think it diminishes the value of our home, and, uh, also the value of Versailles Road. Versailles Road has been a main corridor into Lexington for the airport, and from Louisville, from, uh, Frankfurt. Uh, I remember the first time I came to Lexington, I went down Versailles Road and I said, "Wow, you know, this is really a pretty city." It had a lot of beautiful trees and a lot of beautiful old residences. My residence, my home, was built in the 1870s. Uh, Sarah Utterback, my neighbor, I think, lived there for 50 or 60 years at 1612. Um, I think that Versailles Road has more than its share. I think each community has a responsibility to, uh, have a certain number of facilities serving the poor, the alcoholic, the needy in various ways. But I feel like Versailles Road is, um, past saturation point. Uh, we have, uh, a, a facility for abused women. I think it's a wonderful s- facility. We have Measures Home next door. We have an alcoholic facility behind us. And I just wonder if this is what we wanna see. Do, do, do we wanna just get rid of all of the houses that are, uh, historic houses on Versailles Road, or do we wanna keep some of the beauty in Versailles Road? I'm for keeping the beauty, and, but I don't object to Homestead building there, but I would like to see them preserve Ms. Utterback's home, which is a historic home, built, I'm sure, around the same time. There were many farms that went deep, uh, and I'm sure owned by prominent citizens of, uh, Lexington. Uh, s- I, you know, I don't like the idea of, uh, my comfort level is having R4 that can build so close to our property line. That sort of gives me claustrophobia. We live on an acre lot, which we're very fortunate to have a, have a very nice, uh, property, we feel. Um, there's some, also some really beautiful trees that will be destroyed that are over 100 years old. Some ash, I believe, in the back, trees. Sycamore. Sycamore, I don't know, trees. But, uh, some really lovely trees on that property that, uh, I'm concerned about, uh, their being destroyed. Um, also, another concern is living next to Homestead increased the criminal element significantly for Ms. Sarah Utterback. Uh, she had a stroke about five years or four years, I guess, three and a half before her death. But she had reported to me some concern and fear people would knock on her door, and some, s- you know, she was sharp as a tack. She died at 90, uh, 98 and a half. She was almost 99. She was a miraculous woman. Uh, and I think people kind of discounted her because of her age, but, I mean, she was sharper than most people. Uh, and then, uh, when she became ill, she started having 24-hour caregivers, and they started reporting all of these incidences of, uh, you know, jiggling the door to try to get in, knocking on the windows. And I have, uh, police reports. If you would like to see them, I, from a period of time. I, uh, I think that element of crime occurs because there's some natural activity around Homestead Nursing Home. Nurses, and caregivers, or various administrative staff come in and out. They maybe go out to their car to get their lunch or smoke a cigarette on their break, so there's some activity that where a criminal could look just like kind of an ordinary person hanging out at Homestead Nursing Home. But it had, it moved over to Ms. Utterback's yard, Sarah's yard, and since Sarah's death, it's moved over to the other side of Sarah's yard, which is, borders my property. Uh, there are a lot of bushes and shrubs that, uh, haven't been trimmed since Sarah's death, and, uh, vagrants and homeless people sleep and camp out in this area. And I don't feel nearly as safe coming home anymore, uh, knowing that, you know, when I walk over to Sarah's yard, I still consider it Sarah's yard, but, uh, Homestead's new property, um, I see, you know, wrappers, and drinks, and beer bottles and, you know, that's, uh, I- I don't, I don't want that overflow into my yard. Um, also, um, Ralph Misner's property, um, he, y- you know, he respected the historic area and the nature of the historic home, and he uses that facility itself. He didn't tear it down to build a building. He, he used that property for, uh, for his people. Um, I'm also have some concern about the maintenance of, uh, 1612 since Sarah's, Utterback's death. Uh, most recently, the yard has been cut on a weekly basis, but the back lot where Sarah had a really huge, lovely garden, uh, gets mowed about once a month. And we've had raccoons, and possums, and, uh, every sort of animal, and we ended up with one in the attic. And, um, I- I walked out, it was the back door, and I have a storm. It's all glass, and there was this giant groundhog just sitting outside of my door. He didn't seem afraid of me at all. I mean, I, I, you know, I'm not, not real comfortable with groundhogs, though. So, um, so I guess, you know, as I said, I don't object to Homestead Nursing Home being there. I would just like to see them respect the historic, uh, nature of, of that area of town. This was a close in-town farming, small farm area, in-town farm. There were 10 acres, I understand from Sarah. Uh, and, um, I'd like to see it be low density, and certainly, if, uh, I would see no need for, uh, the property, if it were ever sold, not to revert back to low density in the event that you choose to, uh, allow high density. But I, you know, I know that high density allows them to build on a wider, more, more building on less land. And, uh, like I say, that's a little claustrophobic, and it kind of ruins the aesthetics and the historical nature of Versailles Road. Um, another thing, I, I, I'd like for, um, I'd, I'd be hopeful that they would keep some of the very old trees. They're beautiful, and, and I think that's a big appeal. If you go down Versailles Road, the beautiful p- uh, trees are a, are a big appeal. Um, if, if, uh, they do build a home there, I would like to ask for my safety and the safety of, of my property, just as they do with Ralph Misner's property, that they build a six-foot fence, so that if there are vagrants and people, you know, milling around the parking lot, which may easily be identified, as I said, as employees, you know, going out for a break, or going, leaving, or coming, or, you know, whatever. Uh, and then I would like just, uh, to know that they would, you know, keep their, their bushes and things trimmed, so, for their own safety. I know that, I spoke with one of the people at the nursing home that Miss Sarah, Sarah Utterback, and I had... He often, he often helps Sarah. Uh, the little area in the front between the nursing home and Miss Sarah's house on the other side, they had vagrants there until they cleared it out, but they haven't ever cleared out our side. So I would definitely like to have a fence regardless of, uh, the, the nature of the placement of the building. And that's, that's my request. Thank you very much. Uh, is there anyone else who would like to speak? No, I, I, I agree with her. C- could someone, um, get her the microphone, please? And, and could you state your name, please? Yes, my, my name is Dr. Rosa Kathleen Riggs, and I have a concern also about, uh, how close it will be, and the same concerns that, uh, Mrs. Coconot has. And I just wanted to show up to show my concern. Thank you. Thank you for coming. Seeing, uh, no one else in the audience, uh, we will now ask the petitioner for a closing statement. This, uh, property is unique in, in the location and the way it is surrounded by higher density. Uh, if you notice on the development plan, uh, I think we have a, a 22% more or less floor area ratio. And I'm remembering my zoning ordinance sort of, but at my age, sometimes I don't remember real well. I think, uh, in R3 zoning, we can have a FAR of 25%. Is that correct, Mr. Southwick? It might be 30 and 35% for the R4 zone. Let me check that in my ordinance. I believe that it's higher than that. I want to make sure I give you the correct numbers. And there are a lot of nice trees. Uh, we don't intend to go in and level this lot. Uh, we intend to do a tree inventory, tree survey, uh, ask, uh, th- the urban county forester to meet with us and evaluate each of the trees. There are a few trees that have some concern. Uh, this last ice storm brought a limb out of a large walnut tree. It went through the roof of the corner of the existing nursing home and was less than a foot over a patient's head when it stopped. Uh, no one was injured, but i- it was a scare, so it brought up another concern. We have had , uh, several ice storms lately. It seems like more than our share anyway. Uh, but we do intend to leave trees. Uh, the placement of the building right now, uh, may be scooted over more into the center of the building for one cir- one purpose, and that was to save trees. Uh, a- after we discussed that with the owner, uh, it also became obvious that it also would allow for another benefit. It would allow, uh, a garden area between the two buildings. Uh, we could put, uh, a wrought iron fence up at both ends of the new building, tying to the existing building to where it'd be a secure and safe area. And, uh, th- the residents of the nursing home could go outside. Uh, it is the intention of the owner to either repair or replace the fencing along Ms. Kokernot's property. Uh, it... There... I think there is some fence over there right now. No, there's no fencing. There's no fence? There's no fencing. Okay. Well, there's fencing that Sarah Utterback and I put up, you know, 30 years ago. It's a little wire fence... We... ...not that long, you know, that's... We record the... Excuse me. We record this and so it's always necessary for you to- I'm sorry. ... have the microphone. That's all right. Uh... Well, eh, we don't have a problem with constructing a six-foot fence, if that is an issue. And in fact, it probably would be a preferred, for the safety of the residents of, uh, Homestead Nursing as well. Do you have any other comments that you would like to make? Uh, there, there is no fence right now to be considered a fence. Uh, I think, uh, I myself and a friend put up this little three-foot fence, and I'm not... I'm not too good at that kinda stuff. But it's, uh, just a little wire fence that you can see straight through. It's about this tall and it's broken down a lot by vagrants and homeless stepping o- over it. So, uh, you know, I, I would certainly want a fence. I, I just wanna s- say one last thing is, you know, it's... I think this is greater than my own personal interests, which are strong certainly. But beyond that, I would like to see Versailles Road stay a pretty road. I would like to see some of these historic homes, mine is not on the National Register, uh, but I would s-... It still is a historic home, uh, as are other homes along Versailles Road and I really, really hate to lose the beauty of the entrance into Lexington, Kentucky, from very prominent important places, such as the airport and Frankfurt and, uh, Woodford County, which is big horse country. And, um, so I... That's just... I think it'd be a huge loss to the state of Kentucky and to the city of Lexington. Thank you very much. Staff have, uh, closing remarks? I just wanted to add... Um, if we could show on the overhead. Um, to Miss, um, Kokernot? Kokernot, yes. Kokernot's comments, um, the Planning Commission could add prohib- a few prohibited uses that are currently principal in the R3 and the R4 zone, which are the community residences and then boarding and lodging houses, to help eliminate some of that concern about adding additional, uh, service, um, other service-related, uh, businesses or units along Versailles Road. I don't know if that is something the commission would be interested in. The staff hadn't originally, um, recommended that, but certainly we could add a few prohibited uses for the future. Thank you, Ms. Lake. Mr. Salley? Thank you, Madam Chair. We also have a condition for you to consider either, uh, through the development plan or possibly even as a condition to the conditional use permit, and it's shown on the overhead as number 17. The idea being since there is no zone-to-zone screening required for this rezoning or for this proposed development, uh, to address Ms. Kokernot's concern, uh, that I think Mr. Cornett indicated a willingness to, to consider, there could be a requirement that a fence or a privacy fence be required on this portion of the property adjacent to Ms. Kokernot's property at 1616 Versailles Road. You could even further stipulate that that be a privacy fence. Uh, again, as a development plan restriction, it would be easy to... Easier to remove that in the future should the parties agree to do so than as part of the conditional use. But I think either of those avenues are available to you if you wish to impose that type of condition. Thank you. Ms. Copeland? I don't know whether it's available or not, but if we could see it on the overhead, the aerial view again... ... and see her property and what other historic lots or buildings she's referring to. Again, the existing nursing home is here. The property before you being rezoned or requested for rezoning is here. Ms. Coconot's property is here. And the area we were just discussing in regards to fencing would be right along that existing driveway on, uh, Ms. Coconot's, along the line with, uh, Ms. Coconot. And what's to the left of her property? Her- Isn't that a high density area? Just a moment and we'll check the zoning on that. It is R3 zoning. I'm not sure of the use. I believe that's the community residence. Is that correct? That's the Mesner home, yes. Mes- Mesner home? It's still a historic house. It is? And then on the other side further west is another, is a single family residence, is that correct? Uh, yes, that is correct. It's a, kind of a brown-reddish brick house. That's correct. Yeah. And then on the, on the east side of Homestead is what used to be the Knights of Columbus building. It's, uh, still a residential structure that they've added onto the rear, and you can see that in the aerial photograph as well. Does that answer your question? So there's four there in a row, sort of. Mr. Holmes? Yeah, I was just gonna add, uh, I don't know if the issue is more of a separation fence. The privacy fence, I guess, you know, lines the buildings and creates security for us, versus something like landscaping or something else. Does that make sense? Uh, Ms. Coconot's concern might have been that they aren't maintaining the landscaping there currently, so- Okay. Privacy fence, after five years, is, is really bad? After five years? Ms. Utterback's only been dead since January so the property's only been owned by Homestead, I think, since about March. I'm not sure. They would know, of course. But, uh, my concern, uh, Mr. Holmes, is, uh, i- is the crime that, that has flowed from, I believe, Homestead over to, uh, Ms. Utterback's yard, now Homestead's property. And I f- felt like, we feel like that, uh, having a fence there would give us some protection against that flow because the little wire fence that I put in, people just break through and step over, uh, t- to get under the trees over there, the bushes. They're not really trees, they're bushes. The, the trees are really lovely. Since we have a fence between ourselves and Ralph Mesner, they do not wander to our property. That has helped tremendously. And I think it would be a protection for people in the nursing home, as well for us, to have that fence. It's not just a privacy fence, it's a protective fence. I think your other proposition is good. It's, uh, it's fine. We've, we've had that fence between ourselves and Ral- Ralph Mesner now for quite a few years and it's well maintained. It's, it's fine. It does really well. And one other comment, I missed it, but do they plan to put parking off Versailles Road or is there gonna be something between Versailles Road and then the parking starts? There is new parking proposed in this location, approximately the same depth off of Versailles Road as the existing parking lot, and that will separate the new construction from Versailles Road if this is approved. Mr. Paulson? Uh, I think I echo Mr. Holmes' comments about the privacy fence. My concern is not the fence. Uh, the fence is fine, but I think the privacy fence will actually, could likely lead to less security. Um, having that fence there w- Well, the key that you want is a fence that demarcates your property line. What you want to see is a, a fence that is high enough that it's obvious someone's climbing over, but when you have a privacy fence, once someone's over that fence in- in your property, no one can then see if they're in there and, and this is kind of a... I'm a professor over at EKU of criminal justice, so this is my main area of research, so when I make recommendations, I make recommendations not to have privacy fences. It's good to have a fence, but you wanna have that fence so it's obvious someone is climbing over, and so it should be... I would, I would lower it and make it permeable so that you can see through it. If your concern is, is the visual aspect, I think that we could possibly, you know, have some other things, but I think that privacy fence may be of- Can I respond to that? ... of a concern. Sure. I just, uh- One moment, please. Oh. You know, I agree with you. On second thought, my ideal w- idea f- ideal fence would be the one our neighbor has down the road which is wrought iron, it's six foot, you can see totally through it, and I own another property, historic property, uh, on North Broadway and I have women tenants and my daughter, uh, a young woman live there as a young woman also, and I purposely, uh, built the fence short so that they could see somebody approaching when they- ... went from the back, for that exact reason. Uh, but it is a little sharp. It would be difficult to, for, you know, an assailant to, to climb over very quickly anyway. I'd be happy with a fence. I'd like for it to be, like I said, a, a ideal fence would be a, a six-foot wrought iron fence. But certainly something that wouldn't... If it were not six feet, something that would be a bit hazardous for an assailant to, to go over. Thank you. Mr. Owen? Yes, thank you. Um, Tracy, I guess first of all, behind Ms. Coconuts, what, what is behind there? What's behind her property? I believe that's an extension of the Messner home. Is that correct? Is that- Or an apartment complex to your rear? Well, it's a property that was there when, uh, when we bought the property, uh, 31 years ago. It was there, and it's a little triplex is what it is. It's, uh, it's, you know, I don't expect that we'll, it'll be there forever, and you know, sounds kind of exciting that, uh, you know, maybe we could, if, if it's zoned for four, if an acre is owned for four properties, maybe we'll sell it and, you know, tear it down and sell it for a lot. Who knows? But, uh, if that's allowable, but, uh, it's basically, yeah, it's just a, a, a little triplex. It's been there since long before we bought the property. Ms. Utterback, I think they constructed it during her 50-year tenure in her home. Okay, thank you. Uh, Tracy, one other thing. You put up- I, I'm sorry. I just wanted to clarify, though. Behind that is Ralph Messner on, right there. Up here, yes. That is Ralph Messner. And that, yes. Okay, thank you. Uh, Tracy, one other thing. You put up some possible prohibited uses, and I think you said community residences and boarding houses or something? And lodging houses. And lodging. Um, I'm curious, under your, uh, conditional uses, uh, or restricted uses, you've got bed and breakfast facilities. Uh, why would a bed and breakfast be, have been included here? Well, um, they're actually similar in some ways to a boarding and lodging house. The bed and breakfast typically doesn't have as much, um, traffic, or it's, and it's, it's really highly regulated through the Board of Adjustment, and the, um, there's, I think there's 11 in the definition of a board, or a bed and breakfast there's like 11 conditions that you have to meet just to even- Okay. ... meet the definition of it. So it's pretty, um, highly regulated. Okay, thank you. Thank you, Tracy. Do any of the other staff members have, do you have any more comments? I wanted to ask about the trees, and, um, I see that Mr. Query is in the, in the back of the room, and I wonder if I could direct my questions to him. Thank you. Um, using the development plan, can you indicate to us which trees, um, I mean, we can kind of- Sorry about that. Go ahead. It's okay. Um, can you show us on the development plan which trees, um, I'd like to know where that sycamore is, and can you explain, um, per the tree ordinance, which trees need to be, um, to be saved, and which ones are okay to be, um, destroyed? Replaced? Let me try to answer that. This on? Let me try to answer that question, um, because I think there are a lot of parts to that question. First of all- I don't think it is. I'm, I'm sorry, I don't think the microphone is on, actually. Check. That must be what made the... Thank you. The petitioner has included a tree inventory map which is, uh, required at the time of the plans submittal, and we can see the location of where each individual tree is located on the plan. Uh, I personally haven't visited the site. I've looked at it through overhead photography. I would be more than happy to meet with the petitioner on the site to determine which trees are the most healthy and, and which ones we would feel that should be preserved. Um, it, it appears that there's a lot of honeysuckle and, uh, I don't think there would be any objections to trying to remove the honeysuckle from the property. I'm, I, like the citizens, I'm, I'm somewhat, uh, um, alarmed that, that we're trying to probably maximize the density here, and I understand why, but in maximizing the density and the zone change, we're probably not gonna be able to save all these trees. And I, I think we all know that. Uh, also was looking at a, I guess it must be an older version of this plan, because, uh, it was showing a driveway here, but in, in place of the driveway now is a detention basin, and I think the American sycamore is in that general location. My- ... correct? The one that's shown, the... Like, between Ms. Utterback's drawing and ours, in the back. So it's somewhere in this general vicinity. Two great big sycamores. And in order to build that detention basin, of course, it's gonna require excavation. I noticed that the tree from the o- overhead photograph is right on the property line, and it's only a five-foot setback. And so, the tree will be ultimately disturbed. Whether or not the tree will survive from this disturbance, only time will tell. Um, but of course, the trees in this general vicinity, I don't see how those could be preserved. They do have, or they're showing a 40% tree canopy cover, which exceeds the 30% minimum, um, so they would be allowed to technically remove some of these trees in order e-... They would still have to meet the 30% tree canopy cover by augmenting that with tree planting. So, um, I, I guess, um, those sycamores that are on the property line, um, could potentially be salvaged. Um, maybe if we looked at setback requirements, imposing conditional use restrictions in terms of setbacks. Um, what about... I, I can't tell what kind of trees... Just below the sycamore boundary, there are two circles. Does it say what kind of trees those are? And can you, can you speak to the replacement? If one tree is taken out, i- does one need to be replaced in kind, or is it just whatever that 30% canopy is, and it's not a tree-for-tree or... They haven't identified each individual tree on their plan. However, in the note, they're identifying what existing tree species exist on the property, which is acceptable. We would want to meet on site to actually, at the next phase or at the next level in the process, in the final development plan stage, we would probably prefer that these individual trees be identified, um, especially if there's a significant species there such as a bur oak or a blue ash. Um, as far as the removal of the trees, again, they only have to meet the 30% tree canopy. Um, I think at this point, what we would mostly be concerned about is the health condition of the existing trees. The petitioner mentioned that some of 'em have storm damage and et cetera. Uh, they may not be worth trying to preserve, but it appears that that American sycamore, which is somewhere in this general area is definitely worth preserving. I would agree with that. ... sycamore in that area. Oh, okay. That- Nothing- That is referencing probably the canopy of those three. Okay. Thank you very much. Thank you. Appreciate it. Mr. Owens. Um, I guess this would be for Mr. Cornett. Um, did I understand you to say a moment ago, you were talking about, I guess, providing more spacing between the two buildings and maybe moving this new building more to the center of the lot- Well, it had been discussed- ... than, than what, than what's drawn there now? It had been discussed to shift the building over a little bit to create a courtyard area between- Sure. ... the two buildings. And it had also been discussed about an atrium room, a Florida room- Mm-hmm. ... right in the middle as a common area for visitors and, and residents to, to sit and talk. Uh, right now, there is no additional area in here for visitation, common area. They would have to come back over into the other facility, and we just felt like it would be a good use there, and it would also provide exits into the garden areas. Uh, Ms. Utterback has a lot of plantings in the back, uh, that are being overcome with weeds and grass and stuff, and, uh, Mr. Loudon said he wanted to save a lot of those things. He said he wanted to save some of the garden, so that was what part of the discussion was is transplanting some of the peonies, the irises, and the, and different flowering plants that she had back in the back in the gardens into these areas in here. Uh, it, Mr. Query brought up a point though about the detention basin. Uh, at this point on a preliminary development plan, you have to provide enough information to engineering and staff so they know you can accommodate detention. That is not a designed basin. It could be made into a different configuration. It could be brought into this area and kept slim and long to avoid those trees. And, uh, typically if Mr. Query comes down and says, "We have to save this tree, this tree and this tree," then we'll put a construction fence up at the direct edge of that tree, and there would be no excavation, no heavy equipment running over the root system. So, uh, I think it can all be accomplished, and, uh, w- we're not trying to max out the property. Uh, there's still quite a bit of green area. We're not proposing to remove any of the trees along Versailles Road, the corridor. Um, and, um, I think there are... Another reason for scooting this building over is the line of trees that goes down Miss Utterback's driveway. Uh, there are some nice walnuts. Uh, there's a couple of nice maples in that area. Uh, so that was another consideration for scooting it over. Okay. All right. Thank you. Ms. Phillips. I have another question, probably for staff. Um, there's additional parking that's being proposed on the front of the, um, the Utterback property. Is that required by ordinance because of the increase in square footage of the nursing home facility, but we're not adding new employees, new beds? Um, I'm not sure that there is a huge increase in the required parking. Uh, it would be dependent on additional employees, since there are no increase in the number of beds, um, and there is a surplus. There's also a little bit of additional parking being provided in the rear as well onto the existing parking lot. Certainly, at the time of a final development plan, we can look at those exact numbers, uh, especially if the commission's inclined not to approve that much additional parking. Thank you. If there ... if there are no further questions, then we will close the hearing and, uh, ask for a vote. The, the way that we need to do these motions would be in three individual motions, the first being the zone change, the second being the conditional use, and the third being the, uh, preliminary, uh, plan. Other questions? I withdraw. So, the chair will entertain a motion. On the zone change first. That's MARC2009-10 Homestead Nursing Home, LLC. Madam Chairman, I move that we adopt MARC2009-10, Homestead Nursing Center. Second. There is a motion and a second. Question, please. Mr. Owen? Um, there was some talk as far as prohibited uses. Uh- Oh, yes. I-s that gonna be c-concluded? That's up on the screen right now? Yes, we need to put that in. And I think, Mr. Salley, where did you want us to put- That's not in the zone. I think what's on the screen right now just pertains to the zone change portion. Okay, we need to put prohibi- prohibited uses- Right. ... which would be 4D, uh, community residences and boarding or allow lodging houses. I'm sorry. I have a, I have a motion and a second. If we all try voting on the computer. Question? Ms. Phillips? Um, is it appropriate at this time to, uh, add setback requirements, um, or would that happen at the time of final development plan? It could be either. If the commission wished to have a minimum setback, uh, creating a buffer, it could do so through conditional zoning. It could also do it through consideration either of this preliminary plan or at the time of the final development plan. Any of those are acceptable times. Um, my question to the commission is whether we should consider a setback and whether we should, um, also require, um, the fencing requirements, impose the fencing requirements that were addressed? We have a motion and a second on the floor. Oh, Madam Chairman, let me withdraw my motion. Could I do that? I'm not a parliamentarian. Well, let's just say I did and we'll start all over. You need a yes and second. Joan, is it okay if we withdraw and we regroup? Yes. Okay, because I think the better this first motion is, the better off we are. All right. Do I hear a new motion? I, I accept that the motion's been withdrawn, both the motion and the second. Is there a new motion for the floor? We want to have 4D- Does the staff have a recommendation for that motion? Well, the, the staff had suggested that the fencing be considered either as part of the development plan or the conditional use. The commission can impose a buffering restriction, uh, through conditional zoning if they wish. Does the commission have a, a width that they would like to see in terms of a buffer? Mm-mm. I don't think we can. I don't think we have the authority to say whether they want it buffered or not. You know, with the fences, I mean, I think we could deal with that, but the buffering, I guess we need to get into detail on the widths and what we wanna plan for it, unless someone wants to define that. I, is that a different question, though? Um, I think you're addressing the buffering and, and visual or aesthetic- Right. ... or safety concerns associated between the two parcels. Yeah, that's right. What I'm concerned about is being able to set back any structures or detention basins- Okay, yeah. But they're two separate- ... to preserve those trees. Yeah, no. So, um- I agree with your setback and I think the, I'm talking about the fencing part. I think Bill said the fencing we can do with the conditional use. Yes. Okay. Which would be... Can we, I'm wondering if staff, maybe the attorney, um- She and Mr. King had to excuse themselves. She gave me the permission to act as your attorney. Get the girl. I have a word with my team- I'm just kidding. Sorry. Um, can we, is it customary? Can we ask, uh- ... that, that setback, um, be determined after a field investigation by Mr. Query on site? Can we defer that setback? Not in utilized conditional zoning. If you wish to have a conditional zoning buffer, you need to recommend that at this time, I believe. But not do it on the final development plan? Yes. You could require, you could require a buffer as part of the development plan at the time of final development plan. You could not impose it at that time as condi- as a conditional zoning restriction. But achieve the same objective. It very well could, yes. I'm, I'm not, I'm floating off the top of my head. I don't really understand. Right. Could you put your microphone on, please? I'm sorry. Um, the way I understand it is if the use ch- were to change without imposing it as the conditional under the rezoning, um, then, um, any subsequent uses could encroach on that property line and my concern is to protect the adjoining properties. But the s- the standard setback would, I mean, would apply unless the commission d- opted to make it greater on a final, on another final development plan. So you could... A standard setback would, would achieve the goals of protecting the tree? Having not, um, inspected the tree and Mr. Query not being able to testify about the drip line, I, I couldn't say that, yes. I think the setback is five feet and if the tree is a significant tree, its drip line is likely greater than five feet. He's nodding yes. Yeah. I'd like to ask a question of the petitioner. Yes. About how far is the building off the property line? Is it 40 feet or 50 feet? It's about 50. It's right at 55 feet off the property line right now. If we were to scoot it over... I'm sorry. 55? It's approximately 55 feet. The building itself is 50 feet wide, and that area is about 50 feet from the building to the five foot setback line right now. So it's about 55. And we would like to scoot it over another 10 or 15 feet, but that's about it, I think. So you could live with a 20-foot side yard into there somewhere? We could, if that doesn't, uh, keep us from building the parking lot up front. I think we can build in it, build a parking lot in a setback, but I'd just like staff to verify that. Y- you can build a parking lot over the side yard easement? You can over a required side yard, yes. Uh, you, if you imposed a conditional zoning buffer, that would not be permitted to be placed within the buffer area. Parking would be prohibited from that area. If that is the case, then we would not be able to meet the parking requirements. Are there other questions of, uh, Mr. Cornette? Thank you. The floor will again entertain a motion regarding the zoning. Do we have a motion? I'm ready to try. Um, I move that we, um, uh, recommend approval of this rezoning for the reasons cited by staff in our staff report, adding the additional conditional uses... uh, excuse me, uh, the prohibited uses from there. Um, and in addition to those prohibited uses, I would like to impose a 25-foot side setback on the western property line. And that would prohibit building a parking lot? No. I, I understand that about how you look at the zoning. It's that, when you do it here, 25 feet, putting a parking lot. They have excess parking as it is. I, I think he, we just said that was a... You're talking about a 20-foot, uh, side ya- building line on that side, right? That's right. So you can build the parking lot over the building line. Over the 50 foot line. Over the front building line, um, is not permitted, but their lot is way behind the front building line. Imposing a 25-foot buffer would not allow the parking in that, within 25 feet of that line. So, so what would allow the parking lot? A 20 f- a 25-foot deep side yard easement? Yeah. Would, would allow the parking lot? There's no such thing as- The, the commission is only authorized through conditional zoning to create it, to require a landscape buffer. You're, you're allowed to consider landscape buffers and have use restrictions. So instead of a buffer, you could impose a use restriction within 25 feet of that line that there'd be no structures, and then in that instance, parking would still be permitted. I never got a second to my motion. So I would like to, um, what he said. Use restriction. Could, could we have that motion in writing, please? Did someone... It's in front of you. Read it one more time. Yeah, they haven't. That's why it isn't on computer. How do you do this? Could... Could I... Could I... You're gonna allow a fence within the 25 feet though, is that correct? Yes, and parking lots. Okay. Even though en- enforces the 4-D. Okay. Now, can... Could, could someone repeat the motion so that we all know for sure what we are voting on? I'm moving to, um, recommend rezoning of the property for the reasons provided by staff, including the prohibited uses to include 4D, and to require a 25-foot side yard use restriction to prohibit structures along the western property line. Is there a second? I second. Motion has been made and seconded. All in favor? Is it question? Sorry. Wait. I'd like to speak against the motion. Um, we're adding a 25-foot side yard that might be needed by the nursing home, and we're trying to redo a development plan here, um, and I think that it would be better for, to wait until we do the final, until they bring us the final development plan, so that w- we're not imposing restrictions that could cause a hardship on the owner in trying to do his development. Can I offer my rationale? Are, are there other qua- other comments before I call for a vote? Yeah, I wanted to offer my, my rationale is that the setback isn't intended, there will be a significant use change by rezoning that property, uh, to the adjoining property owners. And that is to provide a more stringent setback requirement to protect the adjoining properties. Any other comments? Those in favor, say, "Aye." Aye. We don't have it. On the computer. It's still up. All those, all those in favor, say, "Aye." Aye. Opposed? No. Motion carries. Now, we'll move to the requested conditional use. Th- the floor is now open for a motion. Madam Chair, since, um, my computer does not seem to be in the mode at the moment to, uh, for the motion, I'll move for approval of the conditional use, uh, according to the staff's, uh, following the staff's reasonings subject to the, uh, four conditions listed by the staff, and I'm presuming the applicant's agreeable to those four conditions. Is there a second? Second. What about the buffer? Buffer? What? The buffer's gonna be on the... The buffer's gonna be on the, uh, development plan. Yes. Yes. I think the buffer will be on the development plan itself. Is there a second? Second. Motion's been made and second. All in favor, say, "Aye." Aye. All opposed? Motion carries. Third motion, uh, that we need to entertain is ZDP2009-52, Homestead Nursing Home Property, located 1612 Versailles Road, and there was staff recommendation that we add, uh, to the conditions, number 16 and 17. 16 being, uh, to denote the conditional zoning restrictions, and 17 to denote six-foot fence adjacent to, um, 1616 Versailles Road. Six foot? Doesn't that ruin the privacy of the neighbors that are on... Excuse me. That was, those were staff recommendation, if you'll notice up there. We can change that. Commission can change that. Uh, Madam Chair. Mr. Raven. I move approval of ZDP2009-52 with Condition 16, referring to conditional zoning, and 17, um, a fence be added along that property line adjoining. Suitable to that neighbor. That wasn't my motion. Question. Mr. Owens. May I suggest maybe- Need a second or you can't suggest something? Oh, you gotta suggest it. If I may s- you know, there's been some changes up there, but I think denoting that a, a six-foot fence shall be erected would work in, in, in deleting the privacy part of it. But you did say privacy. Okay. It, it, Mr. Austin, I thought made a very good point when you get to a six-foot fence or a privacy fence, you get to counter production when it comes to security. But you can have six foot- Security on my phone. ... kind of, then, then we're getting, I think, into a, something that's out of the scope of the planning commission, don't we, what the citizen does. So if there's a way to articulate this such that it, it says, uh, "adequate fence for the purposes of demarcation," I think it makes more sense than trying to tell them what size, or color, or texture they should be. Yeah, I, I, I tend to agree. I think we'd have to have a very specific... And that's one of the things I, I keep looking at it and saying a six-foot fence could still be a negative fence in a lot of ways. It could still be a privacy fence, even if we don't put the word privacy in there. Six-foot fence leaves a lot of room for interpretation. We need permeable. Permeable would be very helpful. Excuse me, microphone. We need permeable, and in some landscape plans they say, "So much opacity. Uh, only fif- up to 50% opacity," or something like that, so you can see through it. I mean, do you have that kind of talk? Well, that's the question is that, do we put something that specific in here or how, if that's the... Mr. Salley. This is a preliminary development plan. I think the note as it's up there will, uh, raise ev- raise this issue at the time that you may see a final development plan. That will also allow time for, uh, Ms. Kokernot and the applicant to converse and perhaps go over the details of a fence that may be agreeable to them. Certainly, we will raise the, your staff will raise this issue of how this fence should be developed if and when a final development plan comes for this property. Okay, Madam Chairman, um- Mr. Craven. ... I, I will, uh, instead of just saying a fence, I will say number 17 as staff has written, if my seconder will agree to that. What did you amend it to? Like... Leaving the remaining, uh, six-foot- Number 17. ... fence in there as is. Then- I- ... to be determined at the- I- ... final development plan. That's fine. I agree with that. Questions? Not? All in favor, say aye. Opposed? Motion carries. Thank you all very much for coming. Final, uh, item on the commission's agenda for today is initiating of a zoning, uh, ordinance text amendment for the GIA-S based zoning atlas. Wow, that's a mouthful. It is, Madam Chair, and the staff has asked the commission to consider initiation of this text amendment. This is an item, uh, that those of you who attended the work session in July may recall the staff brought to your attention at that meeting. Uh, there is a proposal to change the zoning atlas from our historical series of 81 maps covering the county to a system that would allow the government's GIS system to be considered the official zoning atlas for the community. Now, the staff has been discussing this with the GIS department. We are working on exact language to accomplish this. And if this is initiated today, and once the staff finalizes those talks with that other department, uh, we would presume that this would come to you at a work session, kind of as an introduction, and then we would be looking at a public hearing probably in the fall of this year, if the commission's inclined to initiate this today. Quest- questions from the commission? Never mind. Right. The chair will make a motion that we initiate this zoning ordinance. Excellent. Madam Chair, I'll make a motion that we initiate the zoning ordinance text amendment for GIS based, uh, zoning atlas. So it's a agenda now. Motion and a second? Question? All in favor, say aye. Motion carries. Thank you. Is there any further business to come before the commission? Not that I'm aware of. Mr. Salley, no. I will entertain a motion to adjourn. So moved. Now that we're adjourned, I think I will comment that you all failed miserably. It wasn't even working. Some of them weren't working. I thought it was just me missing the trigger. There's gotta be some trigger of the parentage here. Well, obviously it worked. Huh?