Double vision. It takes me out of my head. Can't get me out of my head. I get my double vision. Oh. Seeing double, double. Double vision. Oh. I've got double vision. Oh. Double vision. Yeah. I get the double vision. Those crazy nights, I do remember in my youth. I do recall those were the best times most of all. In the heat with my blue jean girl. Burning love comes once in a lifetime. She found me singing by the railward track. Took me home, we danced by the moonlight. Those summer nights are calling, stone in love. Can't help myself from falling, stone in love. Old dusty roads led to the river, running slow. She pulled me down. Woo, and in clover we go round. In the heat with a blue jean girl. Burning love comes once in a lifetime. Oh, the memories never fade away. Golden girl, I'll keep you forever. Those summer nights are calling, stone in love. Can't help myself from falling, stone in love. Those summer nights are calling, stone in love. Can't help myself from falling, stone in love. Stone in love. Stone in love. Stone in love. Stone in love. Break it to me gently. Let me down the easy way. Make me feel you still love me. If it's just, just for a day. If you must go, then go slowly. Let me love you till the end. The love we share, oh, so low. It's such a big part of me. If you must take your love away, take it gradually. Then break it to me gently. Give me time. Oh, give me a little time, hey. If you must go, then go slowly, 'cause I'll never love again. If you must take your love away, take it gradually. Then break it to me gently. Give me time. Oh, give me a little time, hey. Love me just a little longer, 'cause I'll never, never love again. 'Cause I'll never, never love again. Hmm. Stay away from my window. Stay away from my back door, too. Disconnect the telephone line. Relax, baby, and draw that blind. Kick off your shoes and sit right down. Loosen up that pretty French gown. Let me pour you a good long drink. Woo, baby, don't you hesitate, 'cause tonight's the night. It's gonna be all right, 'cause I love you, girl. Ain't nobody gonna stop us now. Come on, angel, my heart's on fire. Don't deny your man's desire. You'd be a fool to stop this tide. Spread your wings and let me come inside, 'cause tonight's the night. It's gonna be all right, 'cause I love you, girl. Ain't nobody gonna stop us now. Don't say a word, my virgin child. Just let your inhibitions run wild. The secret is about to unfold. Upstairs before the night's too old. Tonight's the night. It's gonna be all right. 'Cause I love you, girl. Ain't nobody gonna stop us now. Oh ! Je peux pas. Mon Dieu, qu'est-ce qu'il va dire, Maman ? Mon amour, viens plus près, embrasse-moi. Oh, j'adore beaucoup. C'est belle la vie. Oh oui, c'est belle la vie. Oh, je t'aime, je t'aime, je t'aime. C'est belle la vie, oh. You called me up from Amarillo. Said you were coming to town. Thought I'd like to tell you hello. And drive an old friend around. I pulled up to the airport. Confident and cool. But when you stepped off that plane. I knew I was your fool. My little Texas tornado. Blowin' me away again. I swore it wouldn't happen again. But I looked at you and then. Kind of like a tumbleweed. In a wild west Texas wind. You're blowin' me away again. You're lying with me in Atlanta. It's such a beautiful life. You play me like a piano. I always let you- Planning Commission will come to order, please. First item on our agenda is approval of minutes from the November 19th meeting. Mr. Chairman, if no one has any additions, I'll move for approval of, uh, those minutes dated November 19th, 2009, as written. I should have asked, are there any cor- uh, additions or corrections to the minutes as presented? If not, the motion has been made to accept them. Is there a second? Second. All in favor, say aye. Aye. All opposed? Anyone ... . We're gonna have to get this going here. Postponements and withdrawals. Chairman, members of- Huh. ... the Planning Commission, I'm Tony Barrett, with Barrett Partners. On page one, uh, number one, the RAS Land Inc., uh, MAR 2009-14, asks for a postponement for one month. Is there anybody in the audience that wants to speak to this request? If not... If not, then the chair will entertain a motion to postpone, uh, MAR 2009-14. Mr. Salley, what date would that be? Mr. Chairman, that'd be your January 28th meeting. Postpone to the January 28th meeting. Mr. Owens? Mr. Chairman, I move for postponement of, uh, MAR 2009-14 until January 28th, 2009... uh, 2010. I'm sorry. Got it. Motion has been made and seconded. When you see it on the screen, we'll vote on it. Thank you, Mr. Barrett. Thank you. Any other postponements or withdrawals? Okay. Then we'll move on to our next items, the, uh, public hearing on zone amendments. Mr. Salley? Thank you, Mr. Chairman. Just scanning the audience, I think we can, uh, dispense with both of your remaining zone changes on the agenda in abbreviated hearings, and we'll take them in order as they appear, and- All right. ... prepare to begin in just a moment. Thank you. Thank you. Ms. Wade, whenever you're ready, we are. Make a motion. . Ms. Wade? Good afternoon, Chairman Penn. This is MAR 2009-15, a request by Grover C. Huff and Brenda Huff, and it can be found on page two of the agenda, um, and behind page two in your notebook, or tab two in your notebooks. Excuse me. This is a zone change request from the, uh, wholesale and warehouse business zone, which is the B-... B4 zone, to a h- highway service business zone, which is our B3 zone. The subject property is located on Plot It Place, which is, um, a local street that parallels Man O War Boulevard near the Hamburg area. The, um, M- Man O War Boulevard runs north, south, and then to the east a little bit, just to the west of the subject property, and also in the vicinity, Sir Barton, um, crosses the Hamburg area and then, um, transitions into Pleasant Ridge Drive on the- ... uh, east side of Man O War Boulevard, and Plauditt Place, um, runs to the south from Pleasant Ridge and terminates, um, with a cul-de-sac. The subject property is on the east side of Plauditt Place, um, midway between Pleasant Ridge and where Pink Pigeon, uh, Parkway comes into this area. The subject property was rezoned in 2001 to a B4 zone and has been in that, um, zoning since then, much like the rest of the properties on the east side of Plauditt Place. Um, it is the current location of a carpet store, and the applicant is proposing to rezone this parcel in order to allow additional retail use and personal service use of the property, as it's their intention to move to a new location. Also, other zoning in the, in the vicinity is B6P on the west side of Plauditt Place, um, professional office, um, to the north, and B5P, which is our interchange service business zoning. And then the subject parcel also has a little bit of frontage onto Bryant Road to the rear. And along Bryant, there's some industrial zoning and as well as an agricultural, um, area to the, uh, south of the subject property. The applicant, again, is proposing to rezone to the B3 zone. The 2007 comprehensive plan for this... Actually, let me just direct you to the photo. This is the subject parcel with, um, the carpet store and its associated parking. And then a, kind of an, a little bit larger overview of the aerial of this area. And again, the subject parcel is located next to a detention basin and has a, a car dealership on the, uh, south side of the parcel, and then there's kind of outlot development, um, small one-acre lots along Man O War in this area. The comprehensive plan does recommend retail trade and personal services for the subject parcel. And again, Man O War Boulevard, the interstate, and Plauditt Place runs parallel to Man O War, with the subject property on the east side. Um, all of Plauditt Place is now recommended for retail trade and personal services. And a B3 zone can be considered to be in agreement with that, uh, land use recommendation. There are other B3 zoning, um, zoning areas within this immediate vicinity, and, um, the applicant is proposing conditional zoning restrictions that, uh, duplicate some of the other property that's been, um, zoned to B3 and would make th-this proposed B3 to be compatible with the other B3s in the vicinity. Um, the staff is recommending approval of the zone change with the conditional zoning restrictions, um, because the proposed B3 zone with restrictions would be in agreement with the retail, trade, and, um, personal services land use of the comprehensive plan. The reason for the, um, for the restrictions would be to, um, remain compatible with the other B3 zones and to eliminate the most intense B3 uses, um, in this area. I'd be happy to answer any questions at this time. Any questions for Ms. Wade? I don't hear any. Okay. Thank you. Good afternoon. If you wanna continue on page three, just below what Tracy was explaining, we have Hamburg Farm, Plauditt Place Commercial Development, Lot 5F. Uh, the property, as she stated was, uh, uh, originally zoned B4, and they're asking for B3. It is located at 1872 Plauditt Place, which is ... Which is located right here next to the detention basin. This is Bryant Road, Plauditt Place, and Man O War Boulevard. It's closer to the Pleasant Ridge. And with the B3 zoning, they're asking for retail trade. Um, they already have an existing building on the property. It's approximately 14,000 square feet. Um, they've done their parking calculations, and they meet their parking for what the retail use. If, um... The subdivision committee recommended approval with the 11 conditions listed on the agenda. If y'all have any questions? Are there any questions on the development plan? No? Thank you, sir. Rory? Yes, sir. Chairman Penn, Mike Moiser on behalf of Mr. and Mrs. Huff. We're in agreement with all of the, uh, conditional zoning restrictions proposed in staff's recommendation. Okay. Thank you. Any questions for Mr. Moiser? If not, thank you, sir. Mr. Salley, I failed to ask if there anybody in the audience wanted to speak to this before we had abbreviated hearing, uh. Before, uh, when you asked me earlier, I didn't see anyone in the audience other than applicants and folks that planned to speak with you today, so- Okay, so we- we've adequately covered that base, then? ... assume none of them are also, uh, in opposition to any of these other items. All right, so- That is an assumption, though. All right. So I will ask, is there anybody in the audience who wants to speak to this application? If not, we'll turn it over to the commission for the motion or for discussion, whichever to their pleasure. Ms. Richardson. Mr. Chairman, I move approval of MAR2000-15, the Glover C. Huff and Brenda Huff, uh, plan, uh, the, uh, zone change, with the, um- As presented. ... with all of the conditions as listed. All right. You've, you've heard the motion. Is there a second? Second. A second from Mr. Cravens. Any discussion on the motion? If not, when you see it on the screen, we'll vote on the zone change. Motion passes, development plan. Mr. Chairman, I move, uh, that, uh, we approve ZDP2009-85, Hamburg Place Farm Plotted Place commercial development, uh, with all the 11, uh, conditions. Is there a second? Second. Motion been made and seconded. Any discussion on the motion to approve the development plan? If not, when you see it on the screen, we'll vote. Motion passes. Thank you. All right. And something else just for you. Here we are with Cinderella. Whenever you're ready, Ms. Wade. Thank you. Uh, the next item on our agenda is found on page three and can be found behind tab three in the notebooks as well. It is MAR2009-16, a request by Katon Patel. This is a zone change from an agricultural urban, which is our AU zone, to a highway service business B3 zone. Uh, the property is located at 1810 Bryant, uh, Road and, um, again, we are in the Hamburg vicinity, and Bryant Road is just one, um, street to the east of, uh, Plotted Place. So Bryant Road, um, is, was a rural section for a long time until Man O' War was constructed, and it was bisected. At that time, um, it was just terminated and, um, currently it terminates into the rails to trails in this vicinity, um, an LFUCG trail, the, I think it's the Brighton Trail, if that's helpful. The, um, subject parcel, again, is AU and there is, there are two parcels that remain agricultural urban on, um, Bryant Road. Um, in addition to the subject property, there's also light industrial zoning to the north and to the south. A B3 zone change occurred in 2006 at the termination of Bryant, um, 1715 Bryant, for the Ashley Furniture Company. And also in this vicinity, uh, the Timber Creek subdivision to the east, as well as Andover Forest, um, subji- subdivision to the, um, south and east. The, uh, property is actually bordered by residential on, uh, one side here and, um, business and then agriculture on the other. So the, um, frontage for this property has not been improved as the use of the property has been residential and agricultural for, um, its history, but other portions of Bryant Road have been improved where new development has occurred along the I1 portion to the northeast and also along the B3 portion, um, to the southwest. The applicant at this time is proposing the B3 zoning in order to construct a hotel, as well as tw- about 25,000 square feet of retail space, and then its associated parking areas. The, um, 2000 comprehensive plan, 2007 comprehensive plan at this location recommends, uh, light industrial land use and again, we're near the Hamburg area with Man O' War Boulevard, the Interstate I75, um, Pleasant Ridge Drive, and Bryant Road. And within this purple shading of the comprehensive plan, the land use recommendation is for light industrial. The applicant's proposal for a B3 zone cannot said to be in agreement with the light industrial land use, so the planning commission should look to, um, two other findings for possible approval of the zone change. The first would be to consider if there's been a major change in the immediate area since the '07 plan was adopted, and the second would be that the existing zoning is inappropriate and the proposed zoning is appropriate. In reviewing this zone change, the staff looked at the appropriateness of the existing zoning and- ... did find that AU zoning could be considered inappropriate at this location, considering it's bounded on three sides by urban, um, zoning categories and urban development. And then also, um, the AU zone is intended to be a Pro-RB and a, um, holding zone until there's adequate public facilities. And this location does have, um, adequate public facilities in terms of sewer and, um, street lights and other services that are available or can be extended easily to this site. Um, in- in assessing the B3 zoning, the staff, um, was concerned a bit by its, uh, adjacency to the two subdivisions, uh, and we actually recommended postponement to the zoning committee two weeks ago, and the zoning committee recommended that to the full commission. In the meantime, the staff had an opportunity to meet with the applicant and discuss conditional zoning restrictions that would be appropriate at this location in order for the staff to feel comfortable to recommend approval of a restricted B3 zone at this location. In that, um, meeting, the applicant did agree to conditional zoning restrictions for, uh, prohibited uses as well as, um, some screening and buffering and lighting. The, um, staff is now ready to recommend approval of this zone change to a B3 zone, and I would direct you to the, um, green sheet at your place for a listing of, um, the staff's recommendation as well as, um, the prohibited uses and landscape buffer and other restrictions that the staff is suggesting. And again, the staff felt that the B3, a restricted B3 zone, would be appropriate at this location, um, because it would be compatible with other B3 zoning in the vicinity, especially the Ashley Furniture parcel, which is at the termination of Bryant Road. Uh, secondly, that most of the non- most parcels in the area, um, are recommended for a non-residential land use, um, and are in a business zoning category. Then, and also then the B3 zoning with the appropriate restrictions would be less intense than what the comprehensive plan is recommending, which is light industrial at this location. And that was important to the staff in- in that it is adjacent to single family residential land use. The, um, prohibited uses are very similar to those, um, prohibited on the Ashley Furniture site, and that is because of its, um, proximity to single family residential and the desire to prohibit the most intrusive and intense B3 uses at this location. Um, the applicant was also willing to provide a 15-foot buffer along the Timber Creek subdivision parcels and within that buffer to provide a earth and berm of no designated height, but, um, to provide a berm with a six-foot fence along that adjoining boundary. And also the staff suggested that any lighting be directed downward and away from residential use. I'd be happy to answer any questions related to our recommendation. Are there any questions for Ms. Wade? Ms. Copeland? Yes? In a nutshell, why are you not sticking with light industrial? Well, the, I think the Ashley Furniture Company zone change provided some impetus for a change in the- in the area, um, and the light industrial actually came about when a larger area was recommended for light industrial in- in this vicinity, and slowly, um, it has been transferred to a residential land use. Um, the comp plan kept the light industrial land use there, but it has- has shrunk, um, greatly over time and the staff just believes that the B3 zoning could be a better use of this location than more I-1. Any other questions for Ms. Wade? If not, let me ask you this question, may be a development plan question, but, uh, could be a zoning question. The access to the Brighton Trail- Yes. ... on that- on that particular piece of property, if- if the attended use is built there, does that cut off access to that trail at that point? I- I do think that's a development plan, um,- Question. ... but the applicant had suggested a connection from their parcel directly to the trail. There is, uh, in some of the photos you might have been able to see, there's a tree stand at the rear of the parcel, but the applicant is proposing to utilize a- a- Connection. ... yeah, a- a sidewalk or a- a wider path to allow, um, anyone utilizing this parcel to get direct access to the trail rather than on the larger par- on the larger sheet, you can see if you're coming out the front, you'd have to come down Bryant and then get on the trail at the trail head and then come all the way down here. It would be a long, say you're- Right. ... staying at the motel, it would be a- a- a long, um, kind of, out of the way route. Okay. I'll- I'll hold my further questions for the development- Okay. ... plan. Thank you. Any other questions for Ms. Wade? If not, we'll move on to development. Good afternoon. If you look at the top of page four, we're gonna continue with the CDP2009-86 Bryant property. Um, this property is zoned AU, and they're asking for the B3 zoning. It is located 1810 Bryant Road. Um, it runs ... This ro- Bryant Road runs parallel to, uh, Plottit Place, which we just discussed on the previous plan. Um,, the proposal is to take it from an AU to a B3 zone so that they could put a hotel and commercial retail. Um, the ... They're showing us that they have two lots and they wanna put hotel with, uh, f- five stories with, like, 130 rooms is what they proposed. And then, like Tracy said, 25,000 square feet, plus or minus, in the rear for retail and commercial use. The subdivision committee reviewed this and came up with 15 conditions, but we'd like to add a 16th condition of the addition of conditional zoning from what has been worked out, all the new items that Tracy's gone over. So we wanna make 16 conditions. If y'all have any questions? Could you tell us again what the 16th condition is? Addition of the conditional zoning restrictions that Tracy just r- reviewed. Are there any questions o- on the development plan? I will ask that question in a little different form. My concern here is two. One is the bounder... is the, the, uh, screening, but the other one is the fact that access to the trail can either be planned or it's gonna be done. Either way, people aren't gonna walk that far to get to that trail when they can cut through. So, I would wanna be sure on that development plan that there actually is access t- to where people know that rather than cut through the parking lot, there is access to that trail. And, and I will ask it to on the petitioner's part, but show me again, Cheryl, where, where that is and how it ties in. If, if you're co- The access to the trail head will be located here at the rear end of the property and they have proposed to have a sidewalk walking path- Okay. ... that'll go down to ... It connects crossing the parking lot down in front of the buildings to connect into the court or the hotel. Okay. All right. And can you discuss a little bit about the screening of the berm? Um, I didn't get that information to- I'll, I'll, I'll, I'll ask the applicant. Any other questions? All right. So, um, c- could you explain, um ... I apologize if it was answered during the subdivision, but on number 13, it's first denied mitigation for the loss of significant trees. What we identified at the time of final development plan. Can you explain that a little bit? At this current time, they're showing us that they have a 36-inch wide ash. And with the fact of the ash bore, we're not quite sure how long that tree will last. So, we ask that if we should remove this, that they can replace something else on the property to, for, to cover what h- what we're losing there as far as the tree. They wanna have additional trees. We wanna have additional trees, but we're gonna discuss this at the time of final development plan. I guess my concern was, and, and I don't know, maybe, maybe that's appropriate. My concern was the fact that if we get to final development plan, uh, you know, we may have lost some trees that we can't get back and, you know, and all, all of a sudden we're at the final development plan and we can't go backwards 'cause They'll still have to meet, um, article 26 and we can review that at the time of the final development plan to make sure that, um, they meet the coverage, the tree canopy coverage on the property. Okay. Ms. Phillips? Um, I apologize if you've already answered this or if Tracy did, but the three other buildings? Yes, ma'am. The main front building is the hotel. What are those other three buildings? Those are ... They're just proposing, um, commercial retail. They have, they've asked for, um, almost 25,000 square feet just for a proposal. Um, nothing's been finalized. It won't be until the final development plan. Okay. They ha- they don't have a use at this current time that they've suggested to us. But in the B3 zone, they just wanted to show that there's a chance they might develop the rear portion of the property with this. Question. Go ahead. Um, what is the, um, there's a, uh, that triangular-shaped piece at the, uh, eastern side of the property. I can't read what it says. Proposed detention area? Is that- Yes. A proposed detention area that they have in the rear end of the property. Um, when they develop out, they'll have to have some area for detention. They've also, um, put in that they might go with an underground detention. So, until we come up with a final development plan, I don't ... They've just got opportunities here to meet their detention. Any other questions? Petitioner? Mr. Chairman, my name's Matt Carter. I'm with Vision Engineering and, uh, I'm representing the applicant here. Um, we, we are in agreement with these revised staff recommendations. At this time, we welcome any questions. Okay. Any questions for Mr. Carter? Mr. Owens? Mr. Carter, um- My question would be in regards to the retail commercial space in the back. Do you have any definite plans as to what might go in there at this point? At this time they don't have any idea. It's, we just wanted to complete the plan that, you know, show something back there just to show that it'll work, but we really don't have any plans at this time. And, and you're okay with the conditional restrictions- Yes. ... as presented? Let me ask you this, considering the fact that we do have residential space adjoining that property back there, one of the permitted uses for B3 would be restaurant, cocktail lounges, nightclubs, with entertainment, dancing and/or the sale of alcoholic beverages. Would you mind ha- having that put on as a prohibited use since it abuts residential property? W- would you repeat it, the um, w- would you repeat that? Tracy's bringing it. I think Tracy's got a copy out, for you. Mm-hmm. Right. Okay. Yes, a- at this time we, we could not agree to that because th- the hotel, uh, they would like to do a restaurant, full-service restaurant, in the hotel. Is, is ... and this might be for staff, is there any way to have it in the hotel and not in the back strip shops? I'm sorry. Strip shops are already in. On the, just for reference, on the liquor barn zone change, we did a 200-foot, um, buffer from residential uses, so we restricted certain uses if they were going to be within 200 feet of a residential zone. We could do that with this parcel as well for restaurants and I was just kinda measuring this, this kinda span of my fingers is about 200 feet, and if this residential- Yeah. ... zone ends here, we're looking at it kinda touching the back end of their parking lot. Yeah. Yeah. That would be a possibility- Yeah, I can understand- ... a restaurant or, or something like that in the hotel, but if you're putting it back in that proximity and if you're talking about 200 feet, it looks like some of those back commercial lots would be 50 feet from a neighbor, a residential neighbor. You know, uh, we've had problems in the past, from past experiences, you know, in other parts of town, that has live entertainment and that's what I'm concerned about. Not necessarily just a restaurant, but live entertainment. I, I think we could agree to something- Okay. ... put, put a limit, 200 foot does not get in, it gets on the hotel property but it- Right. ... is, does not get in the hotel. I'm, I'm ... Yeah. Okay, I'm fine with that. Any other questions for Mr. Carter? So Miss Wade, we will, we'll put that on as a prohibitive use. Will that be J? Yes, and I would propose that it would read, "restaurants, cocktail lounges and night clubs with entertainment, dancing and/or sale of alcoholic beverages, within 200 feet of a residential zone." Okay. Is, is that, that's acceptable to you, Mr. Carter? Yes, that's acceptable. All right, is there any other questions in regard to that? And then we'll talk about something else, but if not then you will, you'll submit that as, as item J under prohibited uses. Any other further questions for Mr. Carter? If not, then, uh, we'll turn it over to the commission. Miss Wade, do you have rebuttal on this? None, I don't think. Then we'll turn it over to the commission for discussion and be aware of when you make your motion that we're gonna add item J to prohibited uses and we're gonna take, talk about items on the, on the green sh- or green sheet, I guess we'll call that. All right. We've turned over to the commission. Any discussion? Miss Copeland? Um, I just wonder how much I want is left out at Hamburg, since we keep whittling away at it. To answer your question, I think the adjacent property is I1 to the northeast of the subject property and then the only other parcel recommended is the AU parcel to the southwest of this lot. Out of all of Hamburg? There, there's some over in this vicinity as well that is, um, this is Bryant, comes around. ... and then terminates with Pleasant Ridge and there's five parcels out here. It incorporates the Harley-Davidson, um, motorcycle, uh, dealership, as well as, I believe, a car wash and some warehouse storage space. Are there any other uses out there? Pet suites. So there are five... Uh, my recollection is there's no other I-1 in all of Hamburg. S- As we go to the, to the east and the north. None of this. So it gets plotted, uh, one and slowly gets changed over to something with higher economic value or we just have a monoculture and we don't have... We just throw overboard the live-work-play concept of doing everything with walking around, doing it or, um, I mean, we're talking about putting a hotel in that doesn't serve the neighborhood. No, but I would argue that I-1 doesn't usually serve a neighborhood either. Um, it could provide jobs just as well as a, a hotel would provide jobs. Any other discussion? If not, the chair will entertain a motion. What's your pleasure? Ms. Richardson? Mr. Chairman, I move, uh, that we approve MAR 2009-16, Kayton Hotel. Uh, approval, as recommended by the staff with, uh, the prohibitive uses A through J as presented. Okay. And then number 16 would be the, uh, additional, additional- Just give me a second. Okay. That's right. I'm sorry. Go right ahead. I'm wrong. Second. Motion has been made and seconded. Is there any discussion on the motion? If not, vote when you see it. Now we'll do the development plan. Motion passes. Mr. Chairman, I move approval of ZDP 2009-86, Bryan property located at 1810 Bryan Road. Uh, for approval with the 16, uh, conditions as presented. Is there a second? Motion has been made and seconded by Ms. Whitman. Is there any, uh, discussion on the motion? If not, vote when you see it. Motion passes. Thank you, Mr. Carter. Okay, that... We'll move on to commission. Well, actually what we're gonna do is we're gonna move under item six, uh, A, we're gonna move that up 'cause we have people in the audience that wanna speak to that. I don't wanna hold them. Billy, if that's okay with you, we'll, we'll, we'll move this up on the agenda t- to accommodate the people in the audience. So, Ms. Rikers, whenever you're ready, we are. Yeah, yeah. Good afternoon. This is PFR 2009-8. It's on page four of your agenda. Um, it's a public facility review for a new construction of Eastern State Hospital. It's their Eastern State Hospital replacement facility, and it's located within the Cold Stream Research Campus. And the address will be known as 1350 Bully Road once the plat is recorded in the clerk's office. We've got Newtown Pike is here, Citation Boulevard is here, and Bully Road extends off of, off of Citation and it'll extend down into the property. Um, the property is zoned P2, which is our office industry and research park zone, and it's been zoned that since 1991. To the north and west, we've got P2 zoning, which would be all around here, and that's part of the Cold Stream Research Campus. To the south, there's I-1, which is this location right here. That's the Melbourne Industrial Park. This is a U zoning, that's Oakwood Park, which is an Irving County government park. And then to the east, we've got P1 zoning, and that's the Bluegrass Mental Health Mental Retardation Facility. The property contains a little bit less than 30 acres, and they're proposing the primary hospital structure, and Bill, if you could put the site plan up there, please. The primary hospital structure and up to four personal care homes and then parking, associated parking. And as I said, access will be from Bully Road off of Citation Boulevard. And the parking is going to be between 400 and 500 spaces and as part of their lead certification, lead stipulates that no more than what is absolutely required be provided. So they are not sure exactly based on square footage and number of hospital beds how many parking spaces they're actually gonna have. That'll be determined later. The comprehensive plan recommends office, industry and research park, um, land use. And that is based on previous comprehensive plans as well as the P2 zoning that it currently is. And office industry and research park is defined as, um, one that's for the location of compatible offices, research facilities and light industrial uses to provide jobs in a high quality park-like setting. And that land use allows... or the P2 zone allows P1 uses, which would be the hospital, some B4 uses, some I4- I1 uses and some B3 uses. We received a letter on the 1st of December from Ms. Tuttle at Strand Associates requesting the PFR. And the reason for this is that KRS 100 requires a public facility review b- to determine compliance with the comprehensive plan if a land is acquired, or disposed of, or changed for any public facilities. And so that's, that's why we're here today. Reviewing the comprehensive plan there aren't any goals, or objectives, or text in opposition to this and everything that I found only supports this. Six of the 21 goals and the objectives of those six, and then the objectives of five more support this. And those are listed on pages two to four of your staff report. The property is a remnant parcel that's owned by the Commonwealth of Kentucky. And it was rezoned, as I said, in 1991 to P-2, and that was part of the overall zone change of the Coldstream Research Campus. It was never developed, and now it's proposed for the Eastern State Hospital property. And the hospital that they're proposing is going to be three stories and the possible fourth story on one wing, which would be this wing right here. And then, um, they are also proposing personal care homes, and those would contain at least 6,000 square feet. One of them is proposed to have the administrative offices for the personal care outreach facility, and, um, the rest of 'em will be... I mean, that one and the other three will be used for tran- um, transitional housing for the, for the residents that... and that is so that they can learn to live independently while still under supervision. The personal care community outreach facility currently shares the property on 4th Street, on West 4th Street with Eastern State Hospital, but it is a separate entity. It cares for about 40 people. And the four on the Coldstream site will be more like cottages, and the director said that they will house up to 15 individuals, so that would be a slight increase in the level of care that is being provided. Um, that supports Goal 20 and its objectives as far as relative to human services and facilities, and Objective D specifically says that, um, is to, "Encourage an adequate and equitable distribution of safe and appropriately located child and adult daycare facilities and group residential care facilities and services throughout the urban service area." And then Objective F of Goal 20 is, "Increase the level of human and social services provided to those ci- citizens who are in need." So that is definitely in support of this project. And one of the main tenants of the Comprehensive Plan is energy efficiency and environmental responsibility. And the chapter that relates to that in the Comprehensive Plan discusses the US Green Building Council and LEED Certification. And LEED, which stands for Leadership in Energy and Environmental Design, which you probably know, is a rating system and a certification program, and it sets voluntary standards for high performance green buildings, and it's used to evaluate, um, buildings and site design. It includes all building types and it's based on site planning and design and building construction materials and energy use. And as of the time of the 2007 Comprehensive Plan, when that was written, we didn't have any buildings in Lexington that were LEED certified and this one will be one, and we've had other, other projects that have been proposed that have said that they're going to be LEED certified, but this one definitely will be. The Commonwealth of Kentucky requires that this project be at least silver certified, meaning that they have to have 50... between 50 and 59 points out of a possible 110. And that is for environmentally friendly acts taken during construction and the use of the building. That's how it's defined. That's how it's determined. And as part of the LEED assessment, um, provision of public transportation is one way that they could accrue points. And so, um, LexTran has agreed to work with the hospital administration and will have, um, a transit stop on the property in front of the hospital. And then Wheels, which is operated by the Red Cross, but it's funded through LexTran, will also possibly provide, um, transportation to and from the property. And then our van pool that's operated through the NPO will also have parking places on site, probably closer to the hospital. So the LEED Certification will account for a large part of the compliance with the Comprehensive Plan. It'll support the environmental stewardship that's required by the plan, and it'll be... help it to be more in compliance with the Comprehensive Plan. There are two considerations as far as this property is concerned. One is FEMA floodplain on the property, which the red dash line here is the boundary of the floodplain. The property line is here, and then 25-foot buffer line is this orange line as it goes along here. So there will be no development within this area right here, but the two parking areas that you see along here are bounded by the 25-foot buffer area. So there won't be any development within the floodplain. There won't be any development within the 25-foot buffer area, but it will just... it'll abut up to it. Um, and because the property is in the Royal Spring Aquifer Wellhead Protection Area and because there is FEMA floodplain on the property, water quality is a major consideration. Um, the Royal Spring Aquifer provides, uh, the water source for parts of Scott County and so that's... it's very important to, to maintain water quality. Um, as long as there is water quality provision made to control any kind of, any kind of groundwater contamination and best management practices are used, then there shouldn't be any kind of issue regarding that. And we've been told that, uh, there was an agreement made at the time the property was rezoned to P2 that Coldstream would require any, any facilities on their property to have water quality control. And so this, this property or this project will definitely have that as part of their program. Um, as I said, there isn't any development proposed for that portion of the property within the floodplain. Um, the buildings are well beyond the 25-foot buffer. Best management practices will be used because of the floodplain and because of the water quality. And that is required as part of the lead certification. And that should alleviate, as I said, any concerns with regard to development of the property. There is also an extensive tree line along here and along here and along here, and that should be retained in as much as possible. And hopefully we can't require them to, to do any supplementation of the, of the landscaping, but hopefully that will be retained as much as possible. And if it's determined by building inspection not to meet zone to zone screening, because that would be required between the P2 zone and the P1 zone, then we would hope that they would agree to, to supplement that. But we can't require that. That's just, that's just a hope that they would do that. Um, in summary, there aren't any comprehensive plan goals or objectives that are in opposition to this, and everything supports it. And as long as best management practices are adhered to, which is, which is required by the lead certification, then there shouldn't be any concerns as far as comprehensive plan compliance. So we've recommended approval with two recommendations. The first is to present it to the Royal Spring Wellhead Protection Committee, which because it is in the Royal Spring Aquifer Protection Area, they review development in all of the aquifer protection areas. So hopefully they'll take that there. And then with regard to recommendation number two, that is that the recommendation is the best management practices be used. But since they've already agreed to that with regard to the lead certification, then that basically is moot. So you can either delete that or adopt it as part of your recommendation. It's up to you. We have recommended approval of this, and if you have any questions about the staff report, I would be glad to answer them. Ms. Tuttle is here from Strand, and I believe she has some people here also. Her clients are here with her, I think. So I'm happy to answer any questions. Are there any questions for Ms. Riker? Hopefully I haven't confused, muddied the waters. No, you haven't. Thank you, Ms. Tuttle. Thank you, Mr. Penn. I'd be happy to answer any questions. Why don't you tell us your name for the record? S- Sarah Tuttle with Strand Associates. Thank you. Thank you. Now let's go with it. I'd be happy to answer any questions. This is a very exciting project, um, and one that I think we all agree is long overdue. Um, and we're very excited to be working on it. Any questions for me? Unless you have questions for me. Any questions for Ms. Tuttle? Or do you want to introduce the people you've brought with you as well? Yes, I have Joe Meyer here from the Finance Cabinet, and Claude Emrick, who is the lead architect on the project, and Mike Woolam, who is my boss. Thank you all. Any questions for Ms. Tuttle or for any of those three gentlemen? Mr. Cravens? What's, uh, the silver lead certification? What... Where is that on the lead ladder? The... It's, um, you can request certification and then there's bronze, silver, silver, gold, and I... There may be platinum. Yeah, platinum as well. So this is, uh... But silver is, is, is tough to get. I'm Joe Meyer. I'm Associate Director of the Division of Engineering and Contract Administration with the Finance Cabinet. And there are a number of levels of lead, uh, certification. The first one is lead certified. The second one is lead silver. And this is required, uh, by the Commonwealth with our passage of the high performance energy standards. And, and we have to meet this certification. It is required. Does that help answer your question, sir? Thank you, Mr. Meyer. Ms. Copeland? Um, yes. Ms. Tuttle, I have questions about the buffer between the parking lot and the floodplain. What's gonna happen in the floodable area? We are, um, required to file a conditional letter of map revision in order to build the bridge across Cane Run Creek. Um, as a part of doing that, we have already filed and received a conditional letter of map revision, um, for the Legacy Trail. Okay. Which in fact, um, somewhat alters the location of the floodplain from what was done on the deferred maps into, um, just this most recent update. Um, so there will be screening that is planted. Jim Evans is the landscape architect on this. And there will be screening, um, plantings in that area. Um, but the floodplain line is not as close to the parking lot based on this update that has been approved. Um- So there is gonna be a Legacy Trail? The Legacy Trail- In the floodplain, that's why we have to screen the cars. The Legacy Trail that is being built right now is not gonna be in this vicinity of the floodplain. What is happening right now is because they... there's no way to get over Newtown Pike, they're gonna have to go up to the light at Citation and travel along Citation until they get back down at the bridge. So the future Legacy Trail, uh, at some point in the future, uh, it is intended to primarily follow the creek. Um, there's some pinch points on the property that needs to be studied, and that exact location has not been determined. Yes. In general, the Legacy Trail is, uh, intended to follow the creek... In the future, that section. Any other questions? Ms. Tuttle, the only question that I have on this is a... is a kind of a global question. With the-- with the expansion of-- or with the new Eastern State facilities, looking at the location of the buildings, and I understand the-- because of the-- of the flood plane, why we're doing what we're doing there, why-- why was the statement made that we'll only put in minimal parking? That's a lead, um- That's a lead? That's a lead? That is a lead. They-- that-- that in order to get that point, you have to have not one space more than the minimum that the zoning requires. That's-- that's an education on my part. Yeah. And what we are doing though, that-- and we also get points for providing van pool, for providing public transit. Right. Uh, it's-- it's-- there's a lot of point opportunities, but some of them are pretty hard to get. Okay. Thank you. Any other questions? Thank you. Thank you. Anything else you want to add, Ms. Rikers? Anybody in the audience want to comment on this? Mr. Chairman, if there's none from the audience, I would just comment too that as needed and important a facility as this is, I think you all are aware of the inter-related implications of the moving of the Eastern State Hospital here, and the relocation of the BCTC to the current site, what that means for UK, what that means for downtown Lexington, and what that means for, uh, uh, other portions of the north side of Lexington. And it just is one of these good things that has echoes through many parts of our community. It's gonna be very exciting to see these changes over the next few years. Sure. I'm sure we all echo that same sentiment. Yes, sir? Mr. Morris? I'm also involved in the project at the Newtown Pike, and just so you will know that that project is moving on and is on schedule also. Thank you. So we're gonna get at least part of it done before the world equestion game? We'll be starting construction this April. We will be starting construction. ............................ Thank you. Any other-- any other statements, comments, questions? Ms. Rikers, we need to get a-- we need to approve this. Uh, we need to make a recommendation that it is either in or not in compliance with the comprehensive plan. And it's your testimony it is definitely in compliance- Yes, sir. Yes. ... with the comprehensive plan? Yes, sir. The chair will entertain a motion. Mr. Chairman- Yes. ... I move that, uh, uh, that we, uh, PRF2009-8-Eastern State Hospital, uh, Replacement Facility is in full compliance with the comprehensive plan. Is there a second? Second. Second by Ms.-- Ms. Whitman, you want to comment on that? I second. Okay. We have a motion, we have a second. Any discussion? If not, all those in favor, say, "I," or vote when you see it. Thank you very much. Thank you. Good luck with your project. We'll move back to commission items. And item A is the Purchase Development Right Program. Mr. van Pelt, we'll hear from you at this time. Thank you, Mr. Chair, members of the commission. You should have this at your place, a map and a spreadsheet, and two items that appeared, uh, in the media fairly recently for your information. The spreadsheet information that I provided to you is the information that is required by the ordinance, as well as the map. And if it's the Chair's pleasure, I'll proceed and take questions at the end. Yes, Mr. van Pelt, let's- let's do it that way, and- and let's also remind the commission that this is, uh, stated by the ordinance that we'll bring a report to the- to the Planning Commission. Mr. van Pelt made this, uh, presentation to the council, was it last Tuesday? Yes. Last Tuesday, and he is making it to us today, so go right ahead, Bill. We'll take questions at the end. Thank you. Currently, the PDR program is at 23,928 acres. This is 47% of the goal of 50,000 acres by 2020. And our world renowned landscape is our global brand identity. I won't read this slide, uh, word for word, but you can see for yourself the economic impacts of the preserving our farmland on the agriculture industry. The PDR program is protecting the factory floor of that industry, and the, uh, hundreds of millions of dollars that you see there, uh, directly impact our economy. The horse industry, uh, those numbers as well are quite impressive, $437 million in revenue, 6300 employees, and one thing I'll also mention is the equine cluster that we have here. We have two of the Mayo Clinics for the horse, with Hager, Davidson, and Magee Equine Hospital, and Rood and Riddle, as well as the- the Gluck Research Center, so we do have an equine cluster here that makes us unique in that respect as well. PDR also protects the factory floor of the tourism industry, and this is, I believe, very impressive, an industry with 23,000 jobs and a, a payroll of over 529 million dollars and a 1.6 billion dollar economic impact, but also nearly 15 million dollars in local tax receipts, and that's largely due to the fact that we're strategically located at the intersection of two major interstates. Those of you that are, um, veterans here on the planning commission are, have seen this slide before, and, uh, certainly the staff has, um, but th- there was an expansion of the urban services boundary, uh, 5,400 acres in 1996. We lost 4,700 acres of rural farmland, uh, to ten-acre ring between 1990 and 1998, and that led to the development of the Rural Service Area Land Management Plan, which is our guiding principle on how we manage, uh, the rural area, as well as, um, changes to the PDR program. If we took 4,700 acres and put it inside New Circle Road, that would equal to, uh, or result in typ- 20,000 typical residential lots instead of the 429 that we got on 4,700 acres on the ten-acre lots. Whoops. Goals of the program, as I mentioned, 50,000 acres out of 128,000 acres over 20 years, or by 2020. So we're nearly halfway there in terms of percentage of goal and, um, the timeframe as outlined in the ordinance. 50,000 acres is 27% of the land in Fayette County, and as I said, it protects our ag and horse economies, as well as our natural scenic open space and cultural assets, as well our tourism economy and that unique sense of place that makes us a destination for visitors from around the world. Major principles, it is a voluntary program. Uh, if you, you have to have 20 acres in the core ag area or the natural areas within the rural service area. There are areas within the rural service area that are not eligible for PDR, uh, and those are categorized as the buffer areas. We use a priority order of acquisition that's based on a ranking system known as the Leesa System. If you go to the PDR website, the Leesa ranking system is outlined in detail on our ordinance, and you can read through that. Major components, the ordinance itself, which was adopted by the council in January of 2000, uh, which also established the board that oversees the operation of the program that purchases and holds the easements, our ranking system, and of course, funding. This is our board. It's a, it's a very broad cross-section of the community, and these are the individuals that serve in each one of those slots. And, um, some might think this is a pretty, uh, unconventional group to come together to preserve farmland, but each member of our board realizes, um, the value of farmland preservation to, to Lexington from both an economic standpoint and a quality of life standpoint. The board, as I said, solicits, acquires, and holds the conservation easements. They prioritize th- the acquisitions and expend the funds, hold meetings and public forums, and solicit contributions of donated conservation easements as well as donations of cash. Um, they also establish administrative procedures for the operation of the program. The ranking system is heavily weighted towards agriculture. Uh, it's based on farm size, road frontage, uh, if you, you have a number of adjoining farm owners that come together to apply, that's called a batch application. Soil quality is 30 out of the 141 possible points, as well as having an active farm and a farm with a number of agricultural improvements. The, the ranking system is also heavily weighted toward the, um, environmental quality, um, environmentally sensitive areas, greenway per- greenway potential, natural protection areas, linkages to parks, historic and cultural resources, scenic viewshed, and some of those, uh, individuals that platted their farms in ten-acre lots prior to the moratorium have since come back into the program. They've, uh, con- filed con- consolidation plats and extinguished those ten-acre lots, and some of them have now, um, are now participants in our program. But we also have minus points, and if you, uh, the minus points are used to allow for controlled expansion of the urban services boundary, uh, at the appropriate time. I thi- I think we all know that we are going to grow, it's, but it is a matter of when, where, and how, and we don't wanna create, uh, the emerald choker is the, the symbol that's used around the urban services boundary that would not allow for an expansion, uh, at the right time. So we do give minus points for proximity, or if you're likely to be sewered, or if you're, have close proximity to a, a federal highway or interstate interchange. There are exceptions, um, for these negative points, if you're a community icon or if you're in a focused area, uh, and there, there are other exceptions as well. How do we value a conservation easement? Uh, we hire appraisers to go out to the farms and w- they appraise the farm of the raw land value before the conservation easement and after the conservation easement. And the difference is that the value of the PDR, that's what you're giving up. The appraisers that we use are, um, certified by the State Appraiser's Board. And our appraisal reviewer is on the State Appraiser's Board. So we, we go through a number of checks and balances before we make an offer to the landowner. And our federal funding partner also reviews our appraisals as well. And we make the offer to the, to the landowner after we review those appraisals. Funding is ... This is probably one of the most important slides in the presentation. The fact that we receive 31 and a half million dollars in match grant funding and we've invested 26 million, so we've actually received almost five and a half million dollars more than we've invested. So that's a very good return on our investment. The operation of the program, including the debt service on our 20-year municipal bonds, is roughly 1.1 million a year which averages out to about $4.10 per citizen per year for the operation of the program. Types of farms in the program, 211 with 34 donated easements. Uh, 112 are equine, 86 are general ag, 13 are classified as other. And I think it's important not to get hung up on the types of farms that are in the program because the farm can evolve with agriculture over time. So just because something's a horse farm today doesn't mean it can't be something else in the future and vice versa. The important part is that we're protecting o- our soils. Round nine is the current round and the filing deadline was December 15th. We have 45 applications on 3,219 acres. The initial ranking will be completed and presented to the board for review in February and the final ranking will be presented to the board and reviewed in March. I think it's important to recognize our, our, the group that we're being compared with, uh, across the nation. We're now being compared with, uh, Sonoma County, California; Marin County, California; Lancaster County, Pennsylvania; Baltimore County, Maryland; and Suffolk County, New York as a mature successful farmland preservation program. And I think it's very significant that, uh, about nine and a half years, almost 10 years, into our process we're now a national model for farmland preservation. But going out of our, our, um, our own local perspective, I think it's important to look, uh, globally as well. And in Canada they hi- there are other successful farmland preservation programs, uh, and in Sydney, Australia, and in China. Uh, Ontario, Canada, for instance, has preserved over a million acres of farmland. But farmland preservation is also a global issue because country- countries without ar- enough arable farmland are buying and leasing millions of acres of arable farmland around the world to secure their own food and biofuel supply. Um, for instance, the Daewoo Corporation in South Korea has 100 year lease on 3.2 million acres, which is half the productive farmland in Madagascar, to grow corn but all that corn is going back to South Korea. Uh, in the future, and, and now, uh, productive farmland is equal to oil as a strategic economic advantage for countries around the world. And w- it will become even more so in the future. There are 90 investment funds where individuals can invest in productive farmland around the world. So 10 benefits of the PDR program. We wanna protect our global brand identity, our equine, tourism, and general ag industries, uh, encourage, continue to encourage infill and redevelopment within the urban services area which lowers costs to the urban county government, supporting the reduction of our carbon footprint and mitigation of our EPA consent decree, and retaining a good bond credit rating. Communities that have a strong vision for where they're going and a strong vision, uh, for who they are, have much better credit ratings with bonding agencies. This community has been leading in protecting its rural area for over a half century, starting with the urban services boundary, and with the merger, and with the, the 10 acre lot minimum, and the 40 acre lot minimum, and now with the PDR program. So we've been leading on this issue for over a half century. Our farmland is a quality of life issue. We ... There's a lot of discussion about The Rise of the Creative Class, Richard Florida's book, and, and some of you may have read that, or all of you may have read it, but it ... The, the most important thing to the creative class is the natural environment in which they live. That is their top priority. That's their highest priority over cost of living, over the quality of schools, over a number of different things. It's the quality of the natural environment where they can thrive. And it also protects the base of agriculture for food, feed, and fuel for future generations. I'll take questions now. Any questions for Mr. Van Pelt? ... ... fields? Um, number one, are you ... Do you have another three letters to put behind your name? I will as of December 22nd. Okay, okay, I'm a little premature in asking. Um, second, um, you're aware that, um, I, I think you coordinated with one of our undergraduate students who was doing a, a contiguousness analysis. We have a ... Just for everyone's else's benefit, we have an undergraduate student who used a, a, a spatial statistical analysis, um, tool to look at, um, the spatial arrangement of PDR-protected farms in Fayette County to see if they were spatially contiguous. And, um, uh, the good news is they are. They're very, very contiguous. Um ... We have 11 blocks of at least 1,000 acres or more, which is one of the highest, uh, ratios in the country for blocks of 1,000 acres. Well, it was ... Um, I haven't read the final report. I spoke to the student, um, as he was preparing it, and, um, you know, he was very excited and, you know, it's because of ... You came and spoke to that class, uh, to my class, and talked about the PDR program and, and really raised the awareness among our students of how special we are as a community and, and, uh, uh, nationwide, how special we are in terms of our PDR program. But, um, my, uh, my question is, uh, we're already at 47%, and that's before this round nine, um, set of applications comes forward. Um, would the Rural Land Management Board entertain the idea of, uh, increasing the goal acreage or is that completely off the table or ... 'Cause we're only, we're only a 10-year-old program at this point, but, uh, uh, we've, we've almost, we're almost halfway there. I think before ... I think we'd have to reconvene all the stakeholders that came together originally when the Rural Land Management Plan was put together and we'd, we'd just have to sit down and talk about it first. Um, I know we do extremely well in terms of farmland preservation in this county. Scott County has recently adopted its PDR program. Um, what about a coordinated program between the, the contiguous counties? That's the first time I've had that question, but I think that it would be very different and, and maybe somewhat difficult. Number one, um, right now Woodford County has a, has a farmland preservation ordinance, and they have a board, but they don't have any funding. I think the zoning in all three counties are different. The lot minimums in all three counties are different. Uh, the industry makeup in, in Scott County is very different. Um, and I think the, the leadership is very different. So, uh, I think that we're light years ahead in terms of leadership on this issue than, uh, in, than w- one or both of the other counties and I don't know what the longevity of the funding in Scott County's gonna be, and I don't know, uh, where Woodford County will be with funding, you know, to get their program off the ground. Well, I mean, obviously the, the Bluegrass Region- Sure. ... uh, extends beyond political boundaries and, um- Certainly, and I think it's a gr- it's a great idea. I think, you know, with the PDR program and the Bluegrass Conservancy... The Bluegrass Conservancy's a regional, private regional land trust which takes donated conservation easements and they're brushing up against 10,000 acres across the Bluegrass Region. So, you know, if we look at it as a region, we're looking at around 35,000 acres toward the next fall. So I think that's, that's a very positive, uh, way to look at it and I think that's a conversation that, that our board can have and, and take it to another level and see wh- what we can do with these other boards in other counties. Billy, if I may jump in here on this, the, the follow, follow-up to that is that when we established this PDR thing, I might as well say right here that Mr. King and, and ... Was the principal architect of the, of not only this program but the ordinance and, and worked with us tremendously trying to get that going and I was kidding him the other day about when they write his epitaph, I hope they'll put that in there because that ... It's been a, it's been a really, uh ... Well, we, we just couldn't have done it without him. But, but to carry that one step farther, uh, when we went to get the state enabling legislation, which you had to have ... You could have the program but you had to have enabling legislation, and without the Bill Leers and the Donald Cutters from the development community and without the city, with Bob Wiseman doing the, the, the, the lobbying if you will down there, we would never have got the enabling legislation to do this. So it's been a community project but the spinoff in that was is this was supposed to be a model program and we were supposed to help other counties and that's the reason that, that Maynard went on to work with Scott County, Billy's worked with Woodford County, and it's ... I mean, that model is there. The interesting thing about Fayette County is that it's brought 50, what Billy, 52, $54 million into our economy and it's not all local money, as you saw from the, from the ... So it's been a win-win for our county. Any other questions for Mr. Van Pelt? Chris, you want to say anything to that now that I've embarrassed you? Well, thank you. There were a lot of parents , a lot of DNA from a lot of different folks involved in that program and I was proud to be one of them. It just occurred to me, though, as I was sitting here and Billy mentioned the Rural Land Management Plan, in 2008 we celebrated the 50th anniversary of the Comprehensive Plan Amendment that created the urban service area boundary, which made us, uh, one of the community leaders in that type of growth management, uh, in the country. And in this year, we celebrate the 10th anniversary of the adoption by this commission of the Rural Land Management Plan after almost three years of work. ... that set the stage for a very rapid and dramatic implementation of that plan. And it is still a model that, that, uh, has obviously worked very well, still makes us an innovative leader across the nation and still serves as a model for many of the other kinds of efforts we do here in this community. Any other questions? If not, Billy, before we take your next item on the program, I wanna thank you for coming and making this presentation today. And I wanna thank you for the effort that you put into PDR. It's a, it's a tireless pursuit on his behalf and, uh, and he will have his MBA degree very shortly, in a week. So Billy let, let's take five while you get se- for the courthouse. Sure, go ahead, Elaine. Question. Um, with respect to the rural land management plan, um, that's within your purview in the Rural Land Management Board as well. Um, how do you all deal with updating that document? I know that it is not mandated under the, under the statute, but, um, is that a... I assume it's not a static document. It's, it's not. And I think that it, it's a living document. And I think it, it can change and it, and it will change. And we've changed the ordinance since the beginning of the program. We, uh, the prior, I guess, it was in December of, of '07, w- we changed the before value on our conservation easement values from 10 acres, th- the 10-acre value in August of '98 to the before value today. Because we saw that land values were rising, uh, exponentially and it was closing the gap on that August '98 value. So it... the ordinance and the, the rural land management plan, you know, we, we look at changes, we've talked about changes, but we also don't wanna come forward in a piecemeal fashion. So I think that, um, after we reached the halfway point that we could begin the discussion about what has worked or what should we do differently, what should we do better. And I think that we will have that discussion. I would also add that the rural land management plan is an adopted element of the comprehensive plan. And therefore, is under this planning commission's purview. And you do do a, a review and update as part of each comprehensive plan update amendment. And up to this point, it's mainly been reviewing the progress of the program and the changes, uh, in its operation that, that Billy mentioned. But, uh, e- if new directions are set at some time in the future, this commission will be very much part of that. All right. If there's no further questions, we'll take five and Billy we'll see you on the other side of the break. Okay. Oh, I knew that. I, I got that picture. You saw that one coming? I saw that one coming. Mr. Mandeville, you changed hats today. I did. I've gone from the outside to the inside. You each should have one of these handouts with, uh, a map of the courthouse area design overlay zone at your place. And I'll call your attention to, uh, the, the makeup of the board, which is appointed by the mayor and confirmed by the council. Our new board member in 2009 is Harry Richart, who's the banking community representative. The other members are the same as the last update. And I'll call your attention to the bottom where it says approvals. In 2009, there were 10 board approvals and 11 staff approvals, as well as the approvals to date. Um, there's been sort of, uh, a small uptick in staff approvals dealing with the inspections that are being completed by the Division of Code Enforcement and, um, fire. So, uh, f- the Divisions of Fire and Code Enforcement are inspecting the 90 properties throughout the courthouse overlay zone, and, uh, owners are working with, with us to, um, bring their property, uh, up to speed. I also have several images inside of your packet, and these are ... I'll just sort of go through these one by one. The first image is, uh, the chief side patio renovation project, which was approved by our board, and you've probably driven by. They wanted to expand their outdoor service area as well as, uh, renovate the surfaces and the, the wall area that, uh, uh, between the sidewalk and the patio itself. The next image, um, of three buildings on North Mill, just north of Festival Market, uh, and the, the first building with the plywood on the front, if you'll turn to the next page, that's the after. So I think that's a, a very significant change, uh, that that owner's made a huge investment. The next page after that, where the windows are boarded up, that's the before, and then the after. Uh, th- the next page after that, the page that has this image on it, the building that, uh, faces Short Street, it's going to be the new Dudley's. If you'll turn to the next page, you'll see the after of the proposed renovation of that façade and that, I know that looks like stonework but it's actually Dryvit that was put on there, uh, in the fairly recent history. They're gonna be taking off and, uh, returning the storefront to a glass storefront. The next image is, uh, behind the building that you just saw, the rooftop, and you'll see the after, and this'll be Dudley's new outdoor space. Uh, and they're recreating their patio that they had, um, on Mill Street. And then the next image is the rear view of that same rooftop and yet another image of the outdoor space that, uh, that we approved for Dudley's. And then the next image of this, the three, the third of the three buildings on North Mill, perhaps the most exciting project we've recently approved, if you'll turn you'll see what we approved. Uh, and this is, this project will have, uh, retail, or rather, uh, a restaurant bar scenario on the first floor and condos above- Is this- ... with outdoor spaces for those unit owners. Where is that, Bill? That's at 109 North Mill. It's directly adjacent to the rear of Festival Market. Okay. Across from the pizza place. Okay. Um, the, other than that I think I don't really have anything to add. We meet, uh, once quarterly or on an as needed basis. Our schedule is on LexingtonKentucky.gov. You're welcome to attend any of our meetings, they're open and, um, you can also reach me and I can give you more information if you have questions. Billy, I, looking at this map, uh, do you see that area expanding? Staying like it is? What, what do you, uh, h- future-wise, what do you see happening here? I don't see it expanding but as, um, a, an, a result of the historic building survey that was adopted by the Historic Preservation Commission, I'm currently in conversation with Mr. King and Betty Kerr with Historic Preservation, and Harold Tate with the Downtown Development Authority, and David Moeny to talk about, you know, what, how do we treat historic buildings outside of this zone and, and how are those building, buildings protected. So, we're, we're in the very early stages of that conversation. Um, to answer your question, I don't really see an expansion of the overlay but perhaps in the future a text amendment to the existing zoning that deals with certain issues of historic preservation that are not as comprehensive as this ordinance. How many of those buildings were inside this overlay zone? Of the 300, do you know? I do not have the answer to that question. I don't know either. Okay. Thank you. Any other questions for William? We, we took up a, an ordinance amendment to the courthouse area- Yes. ... uh, review board, um, to allow for an appeal. Um, but there was also some discussion at that time about, um, uh, it was my understanding that your board was looking to, uh, amend the ordinance to deal with the economic impacts, um, as I recall, the way the ordinance is written, um, it's incumbent upon the applicant to show that it is economically infeasible to renovate, but when you're talking about historic structures, um, that, uh, the heritage and, you know, its cultural contribution to the community is, is very, um, difficult to quantify. Um, are you all looking to amend your ordinance to try to deal with some of these intangibles associated with historic structures? That's, that's one on a laundry list that we're looking at, and we, we started, we presented a list to you in 2008, and we've accomplished one of the items on the list, and that was the ordinance change that you mentioned, uh, about the appeal process, so we're, we're glad that we've made progress, um, on, on the list, but we're still working on it. Uh, I think that it's not gonna be a one, a one-size-fits-all thing, and I think we just need to study it very carefully and that, again, is part of this conversation that I'm having with the group that I mentioned. But we are moving t- forward in that direction. Any other questions for Mr. van Pelt? If not, Billy, we wanna thank you for, for this presentation and thank you for the work that you do on behalf of all of us. Thank you. It's very much appreciated. Thank you, sir. Mr. Salih. Mr. Chairman, thank you. Moving to, uh, item C on page four of your agenda. Uh, the next item is Wade has passed out to you a memorandum that I've received from the Department of Law dated September 30th of this year. Uh, commission members may recall that at least on two occasions, there have been discussions on different development plans about the planning commission's authority in addressing of properties. And this memorandum gives a great direction on those answers, uh, to many of the questions that were, have been raised over the last year. Um, in essence, the code of ordinances, uh, has superseded the subdivision regulation provision, uh, that for at least the last 25 years has listed the authority of addressing with the planning commission. And law department now has informed us that the Department of Public Safety is the authority with addressing. And the law department's also recommended that the conflicting section in the subdivision regulations be removed, uh, to finalize, if you will, the code of ordinance change that's been made in this regard. So we would ask today, uh, for the planning commission to initiate this change to the sub regs to delete the section, uh, that identifies the planning commission as having the authority with the addressing. Uh, with that, I'd be glad to answer any questions. Uh, should the commission wish to initiate this change, it probably would be February or March before we could proceed to a public hearing on the sub reg amendment. Okay. Any questions for Mr. Salih in regard to this subdivision regulation? If not, Mr. Salih, do we need to, uh, a motion to, to do this? Yes, sir. Then the chair will entertain a motion or discussion. Ms. Richardson? Mr. Chairman, uh, I move that we, um, delete article 6-4I regarding the street addressing authority. And, and initiate the text amendment. I'm sorry. And initiate a text amendment. And initiate a text amendment. Is there a second? Second. Motion has been made and second. Is there any discussion on the motion? If not, we'll vote when it comes up on the screen. So ordered. Thank you. Thank you, Mr. Salih. Do we have any staff items? Mr. King? Chairman, nothing that needs any action. I only want to say welcome you to your break, as short as it may be for the next few weeks. Um, and we, on behalf of the staff, wish you a safe and joyful holiday season. Want to mention that, uh, we are having our annual staff potluck tomorrow at noon, so if you find yourself down our way or would like to come join us, we would love to have you around the noon hour tomorrow in our office. And, uh, you don't need to bring anything but yourselves. And our attorney's not here, if we get more than six of you, we might have to put you in separate rooms, but, uh, we'll make that work. And I just would comment again, uh, this has been, uh, as the year ends, this has been quite an interesting year and very different and very challenging for our community. Uh, and, and despite all of that, uh, we're making a, a lot of changes and a lot of advances in, uh, the way we do things that are going to, uh, take full flight, uh, as we start the next year. And, uh, despite the overall economic condition and situation, I think things like we saw today with Eastern State Hospital, uh, PDR program and other things still show that there are amazing things going on in this community that are gonna have impact for decades to come. I should mention that next year we will start the comprehensive plan update process at some point too. So get your rest. Well, I, I echo what Mr. King said, and I also tell you that, uh, that I'm, I'm excited about the possibilities of what can happen here. Uh, what are, what is happening, what can happen here, but the comprehensive plan, uh, the three of us will be stepping out on you in J- in July, and the rest of you just be my guest and have at it. If there's nothing else, then anybody else have anything? If not, wish everybody merry Christmas. We'll see you next year. Thank you for your service.