# Planning Commission Meeting - January 14, 2010 > Auto-transcribed civic record · Commission · January 14, 2010 - **Permalink**: https://meetings.lexingtonky.news/meeting/1172 - **Source video**: https://lfucg.granicus.com/player/clip/1172?view_id=14&redirect=true - **Date**: 2010-01-14 - **Body**: Commission - **Last revised**: June 18, 2026 - **Length**: 7,054 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission convened on January 14, 2010, at 1:33 PM in the Council Chambers of the Urban County Government Building, located at 200 East Main Street, Lexington, Kentucky. The meeting was presided over by Frank Penn. The Commission worked through a agenda of four items, covering plan amendments and development plans across multiple properties in the area. All four agenda items were brought to a vote and approved by the Commission, resulting in a total of six motions and votes taken during the session. The items considered included: - **PLAN 2010-1P:** Hillenmeyer (Greendale Road) amendment - **DP 2010-1:** Man O'War Development, Unit 2A, Lot C-2 (Pet Suites) amendment - **DP 2008-131:** Ellerslie Place, Lot 2 (Bell Place) amendment - **PFR 2009-7:** Fayette County Public Schools No public comments were heard during the meeting, and no presentations were recorded. The session was relatively focused and procedural in nature, with the Commission successfully approving all items on the agenda. ## Attendance **Present (8):** Frank Penn, Mike Owens, Ed Holmes, Derek Paulsen, Carolyn Richardson, Lynn Roche-Phillips, Joan Whitman, and Marie Copeland. **Absent (3):** Patrick Brewer, Mike Cravens, and William Wilson. No members were recorded as late. ## Votes and Decisions All six votes taken at the January 14, 2010, Commission meeting passed unanimously with 8 ayes and 0 nays. Voting in favor on every item were Frank Penn, Mike Owens, Ed Holmes, Derek Paulsen, Carolyn Richardson, Lynn Roche-Phillips, Joan Whitman, and Marie Copeland. - **Minutes Approval** [timestamp: 0:16:39]: Moved by Lynn Roche-Phillips, seconded by Mike Owens. The Commission approved the minutes from the November 12, 2009, and December 10, 2009, meetings, with corrections. Passed 8–0. - **Consent Agenda — PLAN 2010-1P and DP 2010-1** [timestamp: 0:18:47]: Moved by Ed Holmes, seconded by Joan Whitman. The Commission approved both consent agenda items. Passed 8–0. - **Reapproval of DP 2008-131** [timestamp: 0:32:43]: Moved by Lynn Roche-Phillips, seconded by Carolyn Richardson. The Commission reapproved DP 2008-131 with modifications to the access onto Midland Avenue and the detention basin, subject to the original conditions listed on the agenda. Passed 8–0. - **Performance Bonds and Letters of Credit** [timestamp: 0:34:15]: Moved by Mike Owens, seconded by Lynn Roche-Phillips. The Commission approved the performance bonds and letters of credit. Passed 8–0. - **Public Facility Review — 1126 Russell Cave Road** [timestamp: 0:46:46]: Moved by Carolyn Richardson, seconded by Derek Paulsen. The Commission approved the Public Facility Review for the property at 1126 Russell Cave Road, subject to the staff recommendation regarding fire protection and building code compliance. Passed 8–0. - **Stormwater Management Concern — 1126 Russell Cave Road** [timestamp: 0:48:58]: Moved by Ed Holmes, seconded by Carolyn Richardson. The Commission voted to formally express concern about stormwater management at 1126 Russell Cave Road and to request that Fayette County Public Schools consider improvements to address stormwater management at the site. Passed 8–0. ## Appointments At the January 14, 2010 Commission meeting, four leadership positions were filled through reappointment. All four individuals were returning to roles they had previously held: - **Frank Penn** was reappointed as **Chairperson**. - **Carolyn Richardson** was reappointed as **Vice Chairperson**. - **Mike Owens** was reappointed as **Secretary**. - **Mike Cravens** was reappointed as **Parliamentarian**. All four actions were reappointments, indicating that the Commission opted to retain its existing leadership structure heading into 2010. ## PLAN 2010-1P: Hillenmeyer (Greendale Road) (AMD) **Agenda Item IV.A.1** [timestamp: 17:45] The Commission took up this amendment to the Hillenmeyer development on Greendale Road, which sought to revise detention areas in both Area A and Area B of the plan. - **Bill Sallee** was the key speaker presenting this item to the Commission. - The proposal involved amendments to previously approved detention area configurations within the Hillenmeyer subdivision. - The Subdivision Committee had previously reviewed the amendment and recommended approval, subject to conditions. The Commission considered the Subdivision Committee's recommendation and moved forward with the item as a discussion matter. No significant opposition or outstanding concerns are reflected in the available record beyond what had already been addressed through the committee process. The Commission **approved** the amendment, consistent with the Subdivision Committee's recommendation. ## DP 2010-1: Man O' War Development, Unit 2A, Lot C-2 (Pet Suites) (AMD) [timestamp: 17:45] The Commission took up agenda item IV.A.2, an amendment to the development plan for Man O' War Development, Unit 2A, Lot C-2, commonly referred to as the Pet Suites project. The amendment sought to add 4,500 square feet of buildable area to the site. Bill Sallee was the key speaker on this item, presenting the amendment before the Commission. The Subdivision Committee had previously reviewed the proposal and recommended approval subject to conditions prior to the full Commission's consideration. The item was approved by the Commission. ## DP 2008-131: Ellerslie Place, Lot 2 (Bell Place) (AMD.) [timestamp: 19:52] The Commission took up agenda item IV.B.1, a request for reapproval of Development Permit 2008-131 concerning Ellerslie Place, Lot 2 (Bell Place), an amendment to a previously approved development permit. The central issue before the Commission was a request for reapproval of access to Midland Avenue. Staff recommended reapproval of the permit with the original conditions that had been attached to the prior approval. Key speakers on this item were Jimmy Emmons and Tony Barrett. The item was ultimately **approved** by the Commission, with the reapproval granted consistent with staff's recommendation to maintain the original conditions of the permit. ## PFR 2009-7: Fayette County Public Schools [timestamp: 36:22] The Commission took up agenda item V.A, a public facilities review (PFR 2009-7) submitted by Fayette County Public Schools for the acquisition of property located at **1126 Russell Cave Road** for use as a storage and warehouse facility. **Barbara Rackers** presented the item on behalf of staff. Staff recommended **approval with conditions** for the proposed property acquisition. The item was ultimately **approved** by the Commission. *Note: Detailed discussion points, specific conditions of approval, and any concerns raised during deliberation are not available in the provided source materials for this agenda item.* --- ## Decisions - **Motion** — passed (8-0): Approval of minutes from November 12, 2009, and December 10, 2009, with corrections - **Motion** — passed (8-0): Approval of consent agenda items PLAN 2010-1P and DP 2010-1 - **Motion** — passed (8-0): Reapproval of DP 2008-131 with modified access onto Midland Avenue and detention basin - **Motion** — passed (8-0): Approval of performance bonds and letters of credit - **Motion** — passed (8-0): Approval of Public Facility Review for property at 1126 Russell Cave Road - **Motion** — passed (8-0): Express concern about stormwater management at 1126 Russell Cave Road --- ## Full transcript ... about, um, the need to increase the amount of donors for sickle cell anemia, and also just regular blood, uh, donations. Uh, January's a, a, a slow month for them. Okay. And we thought this was a really good way we could, uh, come together and partner with them. And we'll be encouraging people all across the state to- Ooh. ... uh, go to their local blood centers and donate the week up to the, the King holiday. Okay. Um, and then on that day, there'll be a mobile drive, blood drive that'll be happening at Transy. Okay. Um, but we also have the, the sweat part of the, of the theme, and that will be accomplished through the various, uh, projects that'll be going on through the day. And we'll have projects with the Lexington Humane Society, um, with the, uh, Catholic Action Network, um- Okay. ... Love On a Leash is gonna participate again this year. So there'll be a lot of opportunities for folks to get out and get involved and volunteer in their communities. And then we'll have our evening celebration at the government center, where we'll cheer on everything that happened- Woo. ... throughout the day. We'll have some opportunity to reflect and- That was a blast last year. Yeah, it was a lot of fun. It was good. Yeah. Um, what's your phone number, Melissa- My phone number- ... in case someone wants to reach you? ... and I wanna make sure I got it right, it's 1-800-239-7404. And we can provide all the information that you need about the, the King Day of Service. And the name of your organization one more time, for anybody watching? The Central Kentucky Association of Volunteer Administrators. Okay, thank you. Thanks very much. Again, another year of good work. Yes. Thank you. Thank you very much. All right. We're gonna take a slight break and, uh, come with our second segment. Hi, Mayor. Good morning. Hi, I'm Mayor Jim Newberry, and I'd like to talk to you about some important telephone numbers. For fire, theft, and accidents, please call 911. 311 is the number you need to dial for all city services, like garbage pickup, sanitary sewers, traffic, and much more. Calling 211 connects you to local health and human services provided through the United Way. Remember, 911 is for emergencies, 211 is for health and human services, and 311 is your connection to City Hall. Welcome back to The James Report. I'm Councilwoman Andrea James, and I'm joined now in this segment, um, by Stephanie French and Quintessa Peete. Um, these two ladies are going to talk to us a little bit about the theme, um, for this year's Martin Luther King Day of Service, which is, um, blood donation here at the Central Kentucky Blood Center and centers throughout the state, I guess. Mm-hmm. Um, Stephanie, you wanna tell us a little bit about your role with Central Kentucky Blood Center, how long you've been here? Um, tell us about the world of blood donation. Well, um, I'm the Executive Director of Marketing and Communications for Kentucky Blood Center. Okay. Um, I've been here just a few months. Okay. Um, so I'm fairly new, um, but I'm not new to blood. I do understand the, uh, the blood banking and, and the critical need that we do face every single day. Okay. And it's, um, it's an uphill battle, really. Um, just in this community, we need about 400 pints of blood, so that means we need 400 volunteers every single day. Mm-hmm. So, we face quite a challenge. Mm-hmm. Um, and, um, in this role, I, you know, I help with the other, um, donor recruiters to go out- Mm-hmm. ... to businesses, churches, um, and various organizations throughout the community to have mobiles so that we can have, um, that supply that we rely on every day. Okay. And who are you supplying the blood to? Um, we have nearly 70 hospitals and clinics in this area. Okay. So, um, our, you know, L- Lexington is where we are based, but we also have donor centers in Pikeville and Somerset, as well. Okay. Wonderful. Now, tell me about, um, y- you talk about what you need. How many, how many pints do you actually receive? How many people do you get donating through all of the centers throughout Kentucky generally? Mm-hmm. Do you get what you need? We actually, we, we manage the blood supply very carefully. Okay. And that's why our Donor Recruitment Department is so very important. We have people out of all three cities, Lexington, Pikeville, and Somerset, who go out and meet with these churches and businesses and say, "We need to get 40 pints from your organization," or, "30 pints from yours," and all collectively, say about 10, maybe more sometimes, but approximately 10 blood drives every single day is how we- Hmm. ... collectively get that blood. And it's all brought back here to Lexington to test it and process it and actually ship it back out to all those hospitals. Hmm. You mentioned earlier about, um, that a lot of the older generation does a lot of donating- Mm-hmm. ... and you're maybe not seeing a lot of the younger generation. What, what steps are being taken to try to outreach to the younger generation and get them, get them here, besides what we're doing now- Yeah. ... showing, um, Quintessa here? Um, what else is being done? Well, supplying blood really originated with World War II, and people who served in the military during World War II were the ones that really got started on giving blood because people at war with them needed blood. It's just a way of life, became a way of life for them? And, and it became a way of life. Even after they'd got out of the military, after the war was over, they continued that, and they've been doing it for years. Mm-hmm. So, even some of those folks that are from World War II still give blood today. Mm-hmm. However, our new challenge is finding the younger generation to now replace them, because many of the older population are now the receivers. Yeah. They have heart surgeries and things like that, where now they need the blood. Right. So, we work very hard to educate, um, high school and college students, which we are very proud to say now supplies about 20% to 25% of our entire supply. Excellent. So, we are making some strides at educating the younger population, but we need to continue that. Excellent. I know, my daughter goes to Henry Clay High School- Mm-hmm. ... and she talks about that, that folks come there, um, from the Central Kentucky Blood Center and talk to them about donating. Yes. And she's wondered herself about, about donating and w- whether she was eligible to do so. And that's what it takes. So it's working. Mm-hmm, it does. Yeah. And you do have to go there ahead of time and say, "We're bringing a mobile in here. This is why we need you." You know, every blood type is important. And when you really look at all the blood types, there's actually over 600 different blood types. Wow. So, everyone's is very unique. And how many locations throughout Kentucky do you have? Now, the fixed, fixed sites, donor centers- Yes. ... like we're in right now, we have four. We have two here in Lexington- Okay. ... one here at Beaumont- Okay. ... one in Andover, and then we also have Pikeville and Somerset. And this is a beautiful facility. Mm-hmm. If you've not been here to donate- Mm-hmm. ... or not been here to see the facility, you've got to come check it out. It just doesn't feel like it's a place where you would come donate. Mm-hmm. It feels kind of a place you come and have a little Debbie, you know- Yes, they're all- ... sit and chat with your friends. ... they're all very new. Yeah. They have a very warm environment. Right. It's not sterile. It's very inviting. Okay. ... order. Do we even have any minutes? Yeah, we do. Uh Here they are. Ooh. We have two sets of minutes, the November the 12th, 2009 and the December the 10th, 2009. Uh, have you seen the minutes? Are there any corrections or additions? If not, I enter- Mr. Chairman. Hmm? Mr. Chairman. Hm, go on. S- Um, as, I think there needs to be one correction on the December 10th, uh, 2009 minutes. Uh, page nine, under number B, Appointment Of Nominating Committee, um, I, I believe I'm correct in stating that it, the, uh, committee mo- consisted of Lynn Roche Phillips, Mike Cravens, and Ed Holmes, not myself. All right. Well, we'll note that correction. Any other corrections or additions? If not, the Chair will entertain a motion. Mr. Chair, I move that the minutes from, um, November and December, um- November the 12th. ... November the 12th and December the 10th be accepted with the correction, um, noted on the December set of meetings. Is there a second? Second. When you see the motion on the screen, we'll vote. Approval of the minutes. Postponements and withdrawals. That'll be a first. I don't see any. Do the staff have any postponements and withdrawals? I know that's a first, Chris. Mercy. All right. We'll move right on. Land subdivision items. Uh, Mr. Salih, you wanna talk about the consent agenda? Yes, Mr. Chairman. Thank you. I'd be glad to. Members of the Commission, good afternoon. Pleased to report that two-thirds of your, uh, subdivision development plans on your agenda qualify for consideration on your consent agenda today. The first is, uh, an item on page one, item A, Plan 2010-1P, Hill and Meyer Greendale Road. This is an amended preliminary subdivision plan that's recommended for conditional approval by your subdivision committee. The other item appears on the top of page two of your agenda, item A, DP2010-1, Man-O-War Development, Unit 2A, Lot C2 for pet suites. This is an amended final development plan that is also recommended for conditional approval by your subdivision committee. Mr. Chairman, unless a member of the Commission or a member of the audience would like this plan discussed further, uh, both of these items can be considered, uh, at this time for approval on your consent agenda. Thank you. Is there any, is there anybody in the audience that wants to hear either one of those plans? If not, is there anybody on the Commission that wants to pull one or both of them off the consent agenda? If not, the chair will entertain a motion that those two plans be approved on the consent agenda. I have a motion, Mr. Chair, to approve these two plans to be approved on the agenda. Second. Motion has been made and seconded by Ms. Whitman. Any discussion on the motion? If not, vote when you see it on the screen. So moved. So both of those have been approved on the consent agenda. Thank you, Mr. Chairman. That leaves one plan remaining for discussion, and, uh, we'll set that up and be prepared to begin in just a moment. Thank you. Thank you. Turn this thing off. Is there another way to fly it out? No. I've got a plan to do it. Don't worry. My chauffeur next door can take... Mr. Chairman, members of the commission, um, I'm, I'm pleased to present to you a plan that's on page two of the agenda, item B. This is DP2008-131 Ellerslie Place, Lot 2, also, um, known as Bell Place. This is an amended, uh, final development plan- Yes. ... that is coming to you as an, uh, a reapproval and a continued discussion. This plan was originally approved in October of 2008. Uh, this property is actually, uh, reaches the distance, uh, between Walton Avenue and Midland Avenue. Uh, up on the boards on your left is the, uh, continued discussion that's before you today, and on the right is the, was the plan that was previously approved in October of 2008. Uh, this is a, uh, an infill plan. Uh, would like to note and, and thank the commission, this is a... I brought this to you on the first possible agenda, uh, under the new, um, facilitation efforts that you put on the 2010 agenda. Otherwise, this would have, uh, had to have wait- waited until your February meeting to go over this simple change. Uh, this, um, what they are proposing to do is to, uh, redesign the access point that was approved to Midland Avenue. I passed out already at your, at your desk a handout that has information that was not available in October of 2008 when you originally approved this plan, that shows the, uh, straint- the striping plan for Midland Avenue as Shropshire Avenue... the new Shropshire Avenue now connects into it. Uh, you can see I put an arrow where this access point comes into it, and on the rear side you can get a little closer view of what the previous approval in October 2008 was and the current proposal. They are adding a, um, turn lane of about 145 feet and redesigning the access points so that it'll be very clear that it's a right-in/right-out access point off of Midland Avenue into the subject property. Uh, this, uh, continued discussion goes a little bit beyond the staff's authority to, uh, approve it. Uh, we are limited to access points of shifting them or, or changing them by about 25 feet, and this, uh, changes it by about 50 feet. And so it did have to come back for you, uh, for discussion today. Uh, the staff has looked at the original conditions from October 2008, and they still apply to this. Staff is recommending reapproval of the new plan, subject to the original 15 conditions. If you have any questions for me, I'd be happy to try and answer them. I also know that Mr. Barrett is here, uh, uh, representing the applicant. Any questions for Mr. Edmonds? Ms. Phillips? Um, I'm wonder if maybe we could see it from an aerial perspective 'cause I'm not sure where Lewis Street comes in. Mm-hmm. Um, wondered if maybe we could... I don't... Let me see. I- I don't- How close is it to the, um, existing structure on, um, on the site? The existing structure? On the Lexington Granite. The existing structure on the site is very far removed from where, where we're talking about. Where we're talking about is the access to Midland Avenue. The existing structure on the site is, uh, really oriented towards Walton Avenue to that end. The, the, the granite. Oh, the granite company. Companies. Uh, it's... Uh, this is the area that they mostly have their storage in- Okay. ... on this end of the property. They actually ended up buying a small portion of the, um, Lexington Cut Stone and the, um, Herald Leader property- Leader property. ... in order to get the original, uh, the original connection out to Midland Avenue. This, uh... Part of the reason why there... this is- There you are. We do have an aerial photograph here. Unfortunately, it doesn't show much past the... it doesn't show Midland Avenue. It actually only shows to the railroad track. Can you kind of- I'm trying to- With your pointer, can you kinda sorta show us where? The access location that we're talking about is right here, where, uh, where the tip of my pen is. Uh, as it crosses over the railroad tracks and out to Midland Avenue. The buildings for the Lexington Cut Stone are, uh, about where the tip of my pen is- Mm-hmm. ... uh, on- Thank you. ... this particular aerial photograph. Any other questions for Mr. Edmonds? Please, Mr. Owens, just- Mr. Edmonds, uh, what's been currently proposed you said is right-in and right-out only? Yes, sir, when it was originally approved in October 2008, it was intended that it would be a right in/right out, but it could have possibly have operated as a full intersection. Uh, since that time, the applicant has met with the Kentucky Department of Transportation, and they've procured th- uh, this plan that you see here, and you can see with the striped median there that the, uh, Kentucky Divi- Department of Transportation is very much in favor of this particular proposal, and here it is a much clearer right in and right out off of Midland Avenue, as it's intended to be. Okay. G- a- and you answered the question 'cause what had previously been approved kind of looked like it could have been- It- ... either. ... could have been either. It was... At the time, we didn't know exactly what the striping plan was going to be for this. Thank you. Any other questions, Mr. Edmonds? Mr. Edmonds, the only question I have, and I... I d- I'm not real familiar with that s- site. There's no site, uh- Site distance problems with this project? Th- there's no site distance problems? No, sir. There will not be. I understand. Thank you. All righty. Any other questions? Mr. Barrett? I'm Tony Barrett with Barrett Partners. Uh, thank you, Jimmy. Uh, uh, pretty much presented, uh, th- the scenario. Uh, we've met with the Kentucky Department of Transportation and have, over time, evolved into, into this, uh, uh, configuration as, as proposed and, uh, s- ask for your approval. If there are any additional questions, it may be- Any questions, Mr. Barretts? I assume the technical committee's seen this and... Or is there a reason for it? Not this, uh, not this particular one because it came in, uh, it came in as a reapproval and the continued discussion. Uh, all of the members tha- uh, of, of the technical committee are essentially in the sign-offs, uh, for this development- Okay. ... plan already. And, um, knowing that the, uh, state Kentucky Department of Transportation is, is asking for this design, I don't think that will be a problem. Thank you. Ms. Phillips? Another question, um, Jimmy. Um, with reapproval of this plan, does that reapprove the entire Ellerslie Place project? The site plan that was approved in 2008, and, and if so, when does that plan expire? It reapproves the plan that you see before you right here. Uh, the only thing that this plan, that the developer has approval to do on this plan right now is build and construct this entrance, uh, and of course, keep the development that they already have. Uh, when this property was originally rezoned, there was a conceptual development plan, which I do... I did bring down today, that the planning commission approved with the zoning that essentially had, uh, how it was treated along Belcourt was- That is a big one. ... very important at that time. Uh, this plan right here, the only thing it will allow is the entrance into the property to be built. They will have to come back to the planning commission with a final development plan, uh, for all of this white area that you see in the middle of the property before they're allowed to build anything there. Ms. Phillips, if I could also add, the, the plan does also show a detention basin very near the location of the proposed access, but those are the only improvements. So the detention basin would be allowed to be built? Yes. Uh, thank you, Bill. There is a detent- retention, d- detention or retention basin here in the entrance into the site, but there are n- no approved additional buildings or parking lots or anything of that nature. Thank you. Any other questions for Mr. Barrett or Mr. Edmonds? Marie? What is it currently zoned? It is currently zoned MU3. MU3? Mixed Use 3. So... I have a quick question for Mr. Barrett. You do? Ms. Phillips? I've never saw... Well, it's been several years since we've seen this. Is the detention basin... I know there's a sinkhole up there towards the front of the property. Is the... Are you taking advantage of the existing topography for your... Well, this is the low end of the site. Uh, w- i- it's uncertain as to whether that's a sinkhole or not. Uh, there's a little discrepancy or uncertainty as to whether or not it was an old pond or a, a cistern or what, but there is a closed contour, and we won't really know what that is until we get equipment out there and do a little exploration with the geotechnical- But that's the same site that I'm remembering? It's close, yeah. It... Yeah, it, it, basically, it's, it's... The sinkhole area or the closed contour area is not that big, but it's on that... It's near... It's right near there. Y- you, you may wonder, uh, and this was explained when we originally, uh, received approval, uh, why we're just doing this little entrance, and there's really two reasons. One is to try to coordinate the, the entrance with the Midland Avenue work that's being done by the, um, city, I guess, and, uh, or the state, and, uh, and also, for a, uh, uh... They're having a hard time demonstrating to potential partners and banks and everybody else involved- ... how the access works. And since you can't see it, uh, because of the configuration of the... of the, uh... of the, uh, cut stone and the existing entrance all the way over on the other side, it's intended that it will be a lot more visible, uh, to... to demonstrate to, uh, investors and... and others that this is what we've got . So, uh, they can't see it, uh, working from the plan, so, uh, it... it kind of helps, uh, from a couple of different perspectives. Any other questions? I've got a simple... simple question. Mr. Owens? Um, Jimmy, um, the way our agenda reads, the... the purpose of this amendment is to construct the proposed access to Midland Avenue. Are we approving the retention or detention basin? That is a... that is a part of the plan, uh- Of this plan? ... of this plan. It hadn't been approved previously, the detention basin? I'm... I'm... I'm... I'm asking. All right. Well, Tony can probably answer that better. The retention basin and the entrance were on the original- Okay. ... plan. Yeah. Okay. I think the... I think the... the retention basin is kind of accessory to the... the entrance is the way I look at it, so. Okay. Yeah, okay. That's fine. Any other questions? I assume there's nobody in the audience who wants to speak to this . All right. Mr. Ammons, are you... you through? Yes, sir. All right. Any rebuttal from your side, mister? All right, we'll turn it over to the Commission for discussion and/or motion. Ms. Phillips? Um, Mr. Chairman, I move, um, reapproval of DP2008-131, um, to include the modified access onto Midland Avenue and the detention basin... basin as shown on the plan. Second. Motion been made and seconded. Is there any discussion? If not, when you see it on the screen, vote. Motion passes. Thank you, Mr. Barrett. Thank you. All right, who has the performance bonds and letters? You got them? I think so. Okay. Next item on our agenda is approval of the performance bonds and the letters of credit. You'll have that in front of you on this two-page white sheet. You might want to look at those and the chair will entertain a motion to approve- ... those as presented. Mr. Owens? If everyone's had a chance, I'll move for approval... uh, approval of the release and call up of bonds, uh, dated January 14th, 2010. Is there a second? Second. Motion been made and seconded. Any discussion? If not, all those when you see it on the, we'll vote. So moved. You'll notice our next item of... is a commission item. A month, I guess, ago, we appointed a committee to, uh... in, uh, reference to our bylaws nominating committee that Ms. Phillips chaired with, uh, Mr. Cravens and Mr. Holmes. And Ms. Phillips, I'll turn that over to you to make your recommendations. Thank you, Mr. Chairman. The committee has, um, discussed the matter, um, electronically and in person, and we've... we would like to request that the Commission consider the existing slate of candidates for, um, reappointment in their existing, um, positions as officers on the Commission. I'd like to ask you to handle that vote, if you would. Is there a motion to accept the slate of officers as presented? I'll make the motion to accept the slate. Are there any other... Is there a second to the motion? I second that. I second that. Okay. Motion is passed. Or I... oh, no motion... we have a second on the motion. Um, all in favor of the motion, please say aye. Thank you. We will try to soldier on here as best of our abilities. I have, uh, skipped over Ms. Riker's and didn't intend to do that. I saw commission items and just stepped into it, so at this time we'll go to the top of page two, three, and, uh, we have a Fayette County School, uh, public facilities review, and Ms. Riker's the latest in that. Okay. I've been asked to make this quick, and I'll do my best. Um, this, again, is on page three of your agenda. It's item A, and it's public facility review 2009-7, and it's a request by the Fayette County Public Schools for property at 1126 Russell Cave Road. We've got- The property is outlined in orange. This is the railroad track that crosses Russell Cave, Russell Cave Road comes down like this. We've got the Legends Ballpark here, Applebee's Park there. This is commercial property, it's zoned I-1. This is B3. We've got a residential area that's zoned R-3, Faith Street and Keyes Road, and then 12th Street comes here and connects over to Broadway. And then this is Lexmark right here. And then there's additional commercial property up here. Um, the property... Bill, if you could put the site plan up there, if you would please. The property contains 4.66 acres and it, the building on there is a little bit over 101,000 square feet. It's 101,065 square feet. It's a warehouse building that has been used as storage for several years. It was used by IBM, Lexmark up until 2005, and then it's been used as storage by other companies since then. Um, it has offices, a workspace and storage areas in there. Access to the property is by way of, and you can barely see it, but this little thing right here is an access easement for both properties one- 1124 and the property 1126, and then there are 74 parking spaces on site. The comp plan recommends warehouse wholesale land use, and that includes activities such as bulk storage, um, sale where retail, you don't have walk-in traffic or you have retail sale of large items like boats or planes or something like that. Um, there are several, several, um, uses that could go in there. And the uses that are allowed in the I-1 zone are the same as those allowed in the B-4 zone, and that is, that corresponds with the recommendation of the comprehensive plan. We've reviewed the comp plan, which is required by KRS 100, and there are several goals and objectives and the land use element that support this. And those are listed on pages two and three of your staff report. Um, there are three goals and 13 objectives that actually support this. PBA lists this property as a storage warehouse, and that was substantiated by an employee in the school system. Somebody that works in the Department of Physical Support Services said that it was used by Lexmark up until 2005 as storage, and then there have been other companies since then that have used it. And the school system wants to use them as their logistical services warehouse division, which, where they store furniture, books, other items for the school system. It'll be the receiving and distribution facility, and they also want to put their purchasing department there. The- If you remember back in 2008, some of you probably remember back in 2008 December, that we had a public facility review for the bus facility for the school system over on Miles Point Way. That was because of the football stadium construction at Lafayette High School. Well, that affected this too. That affected their storage capability. They had buildings that were demolished to make way for the stadium. And so they had to relocate their storage to elsewhere. They have places probably all over Lexington, some of which are leased and, and the lady in the physical services department said that this will provide one space where everything can be stored. So it's large enough to do that. The, a small portion of the building will be turned into offices probably for their purchasing department, and they'll have 25 employees on site daily from seven in the morning until 1:30 in the afternoon. So probably the park- I'm sure the parking on site, 74 spaces will accommodate the 25 people there. It doesn't, it doesn't follow according to the zoning ordinance requirements for this kind of use, but that would probably be for new construction. 74 spaces plus the loading dock spaces will probably accommodate everything that they need. There are several easements on the property that go along here and along here, and there is no building encroachment on there. It's just parking and, and other paving. But there, um, there's no encroachment of the building so that they don't have to do any kind of encroachment easements or encroachment agreements or anything like that. There's no FEMA floodplain on the property or near the property. So that's not an issue. But on the plat, if you can see, I know you probably... I know you can't read it, but there is a note on the plat up here about fire, fire safety, and it, um, references the adjoining building at 1124. There's a little bitty space right there that's shared by both buildings. It crosses the property line and there's a note on the plat saying that there shouldn't be any further occupancy of the building until it's okayed by the fire department. So that needs to be done. It's not something that's a zoning issue that the school system would be exempt from. It's something that's a life safety issue. And so that needs to be addressed before they occupy the building. Um, we've recommended approval of this because even though there are residential uses along the south part of the property- Yes, ma'am. ... the property's historically been used as the same basic use as what the school system is, is asking to do. And probably it'll be a little bit less intense than it would be if it was used by a commercial entity. The use is permitted in the I-1 zone, and it meets the description of uses in the comp plan as far as the warehouse wholesale and the light industrial. And there are several goals and objectives that either support or are supported by the use of the property. Particularly those that are related to the revitalization and the reuse of under-utilized employment centers and the provision of employment areas that are accessible and appropriate for the use. And so we recommended approval. But there is one recommendation with this, and that is because the notes that appear on the site plan, fire protection, and building code compliance notes relate to life, safety, and health issues, that they be followed as stipulated and that any permits or modifications to the buildings that are required by those notes be obtained prior to occupancy of the property by the Fayette County S- Public Schools. And that is it. Hopefully, there is nobody here to answer any questions from the school system. I thought somebody was going to be here, but they're not. So if I can answer any questions, I'd be happy to. Hurry. Ms. Rogers. Mm-hmm. Uh, I can't really tell, but I... ... what's impervious surface, but given the roof of a warehouse and 74 parking spaces, it would seem to me ... And I don't see a, uh, retention basin. There is. There's a small one right in this area here. Where's that? I can't see it. It's- Oh. Right about there, yeah. Okay. I can't believe that that retention basin har- carries all that impervious surface. Well, I can't answer to that, but engineering probably can and- Uh, well, even if there was a retention basin, it ... There is so much runoff there that it seems like, to me, and maybe the commission feels differently, that if this is running past us, we oughta at least comment on the goal of having less runoff from that site. Uh, is, uh- I don't know if we can require ... Uh, well, we can't require it. We can't require it. But I'm not sure, because it's only the use of the property that's being changed, not the ... Nothing physical about the property is being changed. It's only the occupancy that's being changed. I'm not sure that anything would kick in as far as- That's what I'm- ... doing that. ... suggesting, is that maybe this is ... If this is a leadership body, that we at least say, "It would be nice." That- That- ... will be noted. Yeah. I can't believe that retention basin takes care of all that. Think of the last plan that we had and how much square footage was involved in hardscape, and they had a triangle that big, the same scale probably. So it's, uh ... This, uh ... There's ... There's- Our water person's not here today? Engineering? Engineer? Millard has disappeared. He was here. Okay. Ms. Rikers, let me- Yes, sir. ... ask you, where that dot is on, on that line? The ... Right there? Yeah. What is the building that ... Is that a common wall between those two or is- It ... This space is shared by these two buildings, and apparently it's a fire protection area, and it needs to be approved by the fire department prior to any more occupancy of the building. I'm not- That's not a sprinkler- ... sure exactly what it consists of. Could that be a sprinkler system? It could be almost anything probably. I don't know what it is. I just know that it says on the note that it's a fire ... Part of the fire protection system, and it needs to be approved. Did the school system buy this building, or- Yes, they recently acquired the property, and, and their attorney asked for a public facility review. All right. Thank you. Any other questions for Ms. Rikers? All right. Okay. Thank you. Thank you. We are, uh ... Let me ask our legal's ... What we're supposed to do here is to say that this meets the ordinances and, and the comp plan? That's, that's what the motion should be? The purpose of the public facilities review is to determine whether and to what extent it, uh, complies with the comprehensive plan, and your report, uh, has recommended that they believe that it does meet comprehensive plan. Okay. So it would just simply be a motion, um, e- accepting the conclusion in the report or otherwise. Okay. You've, you've heard our l- legal opinion. Is ... We'll turn it over to the commission for any discussion and a motion. Mr. Chairman, I move approval of PFR2009-7, uh, with staff recommendation, uh, as, uh, as listed in the report. Is there a second? Second. Motion been made and second. Any further discussion? Mr. Chairman. Mr., Mr. Holmes. Yes. Yeah, I, I guess I am concerned with, uh, what Marie had brought up about the, the stormwater drainage. I would like to see something put in the motion to the effect that they should be at least be cognizant of, uh, stormwater drainage and retention basin in that area. All right. And, and, and, um- Can we do that though? I don't think we can do that. Instead of throwing out more, the goal of reducing it, I don't wanna stop 'em from using it. Right. It's just that ... It's just almost wall-to-wall- Yeah. ... impervious surface. Yeah. I just think they need to be made aware that there are some- Yeah. ... detention concerns, and as they do improvements to the site or the building, that they should at least look into that or address it. So- I don't think we're demanding that they do it or- Yeah. The chair would like to ask the legal, uh, h- how's the best way for us to handle this and still stay within our purview of review? Chris? Mr. Chairman, I think you could either add to your motion or, by separate motion, um, express the commission's interest that the, uh, Fayette County Schools consider these kinds of issues in their treatment of the site. Okay. You cannot direct them to do anything, but you can certainly advise them that you have a concern and that your request is that they look into that. If, if the commission doesn't mind, I'd like to recommend that we go ahead with this motion and then come with a follow-up motion on the other, if that's- I think that- ... agreeable with the commission. ... think that's a better way to do it. All right. You've heard the motion, uh, as presented. It's been seconded. Any further discussion? If not, vote when you see it on the screen. Okay, this facility review has passed. I'm gonna recommend approval. Now, Mr. Holmes, we'll entertain your motion. Mr.- If you could restate that, I'd like to re- reiterate- I might suggest a motion for the commission to consider off the top of my head. I'll try. Um- ... that the, in addition to communicating to the Fayette County Schools the action that you just took, to also include in that communication, the commission's concern that this site has an extensive amount of impervious surface, and that the Fayette County Public Schools give consideration to any improvements that could be made on the site for the management of the quantity and the quality of the storm water. That's my motion, Mr. Chairman. Is that your motion? Mr... Uh. You've heard Mr. Holmes's motion. As he has, as he so ably stated. Uh- Second. ... second off by Ms. Richardson. And the goal is to meet the comprehensi- the goal of the comprehensive plan. Right. Right. Yeah. That's why we're doing it. All right, you've heard the motion. It's second. Is there any discussion on the motion? Ms. Copeland's comment's noted. All in favor, vote. So moved. Thank you. All right. Every year, I assume we do this every year, I think we do, uh, we delegate the secretarial duties of the commission, uh, to Chris to sign off on development plans and on other plans that require the secretary's, uh ... And those of us that have ever been secretary of this board would certainly not like to have to do that on a, on a weekly basis. So it's time to re- reaffirm that. And the chair would like to have a motion that we, uh, designate, uh, Chris as the secretary to, to sign off on those, those items. Ms. Phillips. Mr. Chairman, I would like to move that we designate Chris King as the secretary to the board, so that he can, um, affirm- Not necessary per se. I'm sorry? I would like to, um, withdraw my motion. No, no. He, he just, he's the secretary. Just the delegate, not the secretary. You're, you're delegating- Delegate. ... the secretarial duties to Chris King. They're actually- Yep. ... they're actually Mike's duties, but- Other than signing minutes- Yeah. ... is, is the customary. So g- go ahead, then. He, he... I can't do it. Somebody else is gonna have to make the motions. Go ahead, Carol. Just make one. Okay, I'll do it. Um, Mr. Chairman, I move that we delegate the secretary duties to the authori- or and that authority to the Director of the Division of Planning and his staff, except that he cannot sign the minutes. Very well stated. Second. There's a second for that. Any discussion? If not, when you see the motion, vote. Mr. King, you've been so delegated. Are there any staff items? Yes, sir. We have one. We have an audio conference on Wednesday. I did send an email around, but since you don't have email, then you didn't get one. But we have an audio conference on Wednesday at four o'clock in our conference room, and it is called Performance Measurement in Transportation Planning, and you're all invited to be there. And if you could b- if you could, let me know by Tuesday afternoon at 5:00 whether you can make it or not, and we'll have enough chairs set up. All right. Any other staff item? Mr. King? Just one item I wanted to announce for the commission, that, uh, with the conclusion of November and December, we're back on a more regular schedule, and you will have a work session next Thursday. And we have a pretty full agenda for you, including a presentation on the status of the Complete Streets Project, a very important project. The consultants are going to be in town and will be here to make a presentation to you, and a host of other items. All right. Thank you. Anything else needs to come before the commission? If not, we'll stand adjourned.