# Planning Commission Meeting - December 13, 2012 > Auto-transcribed civic record · December 13, 2012 - **Permalink**: https://meetings.lexingtonky.news/meeting/2796 - **Source video**: https://lfucg.granicus.com/player/clip/2796?view_id=14&redirect=true - **Date**: 2012-12-13 - **Last revised**: December 13, 2012 - **Length**: 68,711 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on December 13, 2012, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Chairman Owens presided over the meeting, which addressed three agenda items and included two public comments. The Commission took three votes during the session. The meeting resulted in mixed outcomes across the agenda items. The Commission approved a Reconsideration of Zoning Map Amendment and approved the Arcadia Investments Development Plan. However, the Commission denied a Cell Tower Application. ## Attendance The following individuals were present at the meeting on December 13, 2012: * Will Berkley * Frank Penn * Mike Owens * Carolyn Plumlee * Karen Mundy No absences or late arrivals were recorded. ## Votes and Decisions **MAR 2012-17: Reconsideration of Neighborhood Design Character Overlay (ND-1) Zone Zoning Map Amendment** [timestamp: 0:47:20] A motion by Mr. Penn to reconsider the zoning map amendment for the Neighborhood Design Character Overlay (ND-1) zone passed. **DP 2012-99: Approval of Arcadia Investments Development Plan** [timestamp: 2:09:59] A motion by Mr. Wilson to approve the Arcadia Investments development plan passed. The approval is subject to eight conditions. **CT 2012-1: Cell Tower Application** [timestamp: 6:17:43] A motion by Patrick Brewer for disapproval of the cell tower application failed. ## Public Comment Two members of the public addressed the meeting during the comment period. **Ginny Daly** [timestamp: 3:50:06] spoke in opposition to a proposed high-density rezoning. She expressed concerns about the potential impacts on the neighborhood, specifically citing traffic, parking, stormwater management, and the character of the area. **Raymond Jackson** [timestamp: 5:29:24] raised concerns about a proposed cell tower, focusing on its proximity to his property. He also noted potential erosion and drainage issues related to the project. ## Contested Items **Cell Tower Application** A cell tower application emerged as a contested item during the meeting, with significant community opposition. Community members raised concerns about the proposed tower's impact on property values and the rural character of the area. The application faced resistance from residents who worried about how the infrastructure would affect their neighborhood's character and economic value. ## Reconsideration of Zoning Map Amendment **Agenda Item:** MAR 2012-17 The commission reconsidered a zoning map amendment for a Neighborhood Design Character Overlay (ND-1) zone [timestamp: 0:47:20]. This matter came before the commission for reconsideration after a previous vote had resulted in a tie. **Key Participant:** - Mr. Penn **Outcome:** The zoning map amendment was approved. ## Arcadia Investments Development Plan **Identifier:** DP 2012-99 The commission discussed and voted on the development plan for Arcadia Investments [timestamp: 2:09:59]. Mr. Wilson presented the proposal to the commission. **Outcome** The commission approved the Arcadia Investments Development Plan, subject to eight conditions. The approval was granted following the presentation and discussion of the proposal. ## Cell Tower Application The commission considered application CT 2012-1 for a cell tower. Patrick Brewer presented on this matter [timestamp: 06:17:43]. The application was ultimately disapproved by the commission. The decision to deny the application was influenced by community opposition and concerns regarding the tower's potential impact. --- ## Decisions - **MAR 2012-17** — passed (0-0): Reconsideration of zoning map amendment for Neighborhood Design Character Overlay (ND-1) zone - **DP 2012-99** — passed (0-0): Approval of Arcadia Investments development plan - **CT 2012-1** — failed (0-0): Disapproval of cell tower application --- ## Full transcript Music We'll see you next time. Something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something, something I'm crazy for feeling so lonely. I'm crazy, crazy for feeling so lonely. I knew you'd love me as long as you wanted And then someday you'd leave me for somebody new Worry Why do I let myself worry Wondering What in the world did I do Crazy for thinking that my love could hold you I'm crazy for trying and crazy for crying And I'm crazy for loving you Crazy for thinking that my love could hold you I'm crazy for trying And crazy for crying And I'm crazy for loving you Thank you. Give them all together, the puzzle door Burning with determination, the demon of the core Hearts on fire, strong desire Rages seek women Oh, I'm strong fire Fevers rising I'm the woman of truth draws me I'm the man of life If you stay still No Silence breaks the heart And bends the way home Convinces guilty passions Are destroyed Losing regulations And no meaning anymore Hearts on fire Strong desire The rain is deep windin' Hearts on fire The earth is rising high The woman, the truth is he Oh, you see, I love Oh, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul, my soul I'm still here. Hello, yeah, it's been a while Not much How about you? I'm not sure why I called I guess I really just wanted to talk to you And I was thinking maybe later on We could get together for a while It's been such a long time And I really do miss your smile I'm not talking about moving in And I don't want to change your life But there's a warm wind blowing that starts around And I'd really love to see you tonight We could go walking through Windy Park Take a drive along the beach I stay at home and watch TV You see it really doesn't matter much to me I'm not talking about millennials And I don't want to change your life But there's a warm window and the stars are round And I'd really love to see it tonight I won't ask for promises So you don't have to lie We both win that game before Say I love you and say goodbye I'm not talking about moving in And I don't want to change your life But there's a warm window in the stars around And I'd really love to see you tonight I'm not talking about moving in And I don't want to change your life But there's a whirlwind blowing the stars around And I'd really love to see you tonight I'm not talking about moving in And I don't want to change your life But there's a whirlwind blowing the stars around Thank you. Maybe we'll meet at a bar, you'll drive a funky car Maybe we'll meet at a club and fall so deeply in love You'll tell me I'm the one and we'll have so much fun I'll be the girl whose dreams, maybe Alright, maybe go find the beauty I gotta get someone to call my lover, yeah baby Alright, maybe come and pass one We have got to get someone to come and love again, baby, come on We are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are, we are. I just call them when I'm in love, giving them what they dream of. Sometimes it's not a good thing, but I'm in love. I love hard with everything, giving my own more than they take my friend's advice this time. I'll do a different thing Maybe we'll meet at a bar He'll drive a funky car Maybe we'll meet at a club And fall so deeply in love He'll tell me I'm the one And we'll have so much fun I'll be the girl of the strings Maybe Alright, baby, come and find a good idea Gotta get someone to call my lover Yeah, baby, I'm alright, baby Come and pass my way I gotta get someone to come in love again, baby, come on My, my, you're a good guy I don't want to shine But he's gotta have the qualities That I like in a man Strong, small, passionate It's gotta be all for me I know me too You see how I believe Maybe we'll meet at a bar He'll drive a funky car Maybe we'll meet at a club And both of you know I love you Now tell me I'm the one And we love so much fun I'll be the girl of dreams Maybe Alright, maybe come on Yeah, baby, I gotta get someone To come and love it, yeah, baby Alright, baby, come on That's my way I gotta get someone To come and love it, yeah, baby Come on Alright, maybe come on Yeah, baby, I gotta get someone To call my lover, yeah baby Come on, alright baby Come on, pass my way I gotta get someone to call my lover Yeah baby, come on Maybe it'll be that bar I'll drive a funky car Baby, I'm feeling crum, and that's what you're playing on me So tell me I'm the one, and really so much fun I'll be the girl of the dreams, baby Alright, baby, come on, find a melody I gotta get someone to call my lover, yeah, baby, come on Alright, baby, come on, pass my way I gotta get someone to call my lover, yeah, baby, come on She sits alone by a lamppost Trying to find a thought that's escaped her mind She says, there's the one I love the most But life's not far behind She never lets me in Only tells me where she's been When she's had too much to drink I said that I don't care I just rolled my hands through her dark air Then I prayed to God you gotta help me fly away And just let her cry If the tears fall down like me Let her sing If the heat is over me Let her breathe Let her walk right out of me And if the sun comes up tomorrow Let her breathe Let her ring This morning I woke up alone Found a note standing by the phone Saying baby, maybe I'll be back someday I wanted to look for you You walk in, I didn't notice what I should do So I sat back down and had a beer And felt sorry for myself Saying let her cry If the tears fall down rightly Let her sing If it is okay Let her go Let a woman handle me And if the sun goes out tomorrow Let her be Let her be Oh Oh No, no, no, no Let her cry Let her sing Feel it easy Let her go Let her walk right out on me And if the sun comes up tomorrow Let her breathe Last night I tried to leave Cried so much I could not believe She was the same girl I fell in love with long ago She went in the back to get high I sat down on my couch and cried Oh, oh, oh, please help me Won't you hold my hand? Let her cry If the tears fall down my way Let her sing If the heat is falling asleep Let her go Let her walk right out of me And if the sun comes up tomorrow Let her read Let her cry If the tears walk down my grave Let her sing If it even always is Let her go Let her walk right out with me And if the sun comes up tomorrow Let her be Oh, let her be That's what we play We got the break just to make it today. I said we pray. Oh yeah, we pray. We got the break just to make it today. All my life, I wanted to make it to the top. Some sick out with me told me no, but I didn't stop. Working hard, making those moves every day. That's what we pray. And on my knees every night you know I pray. That's what we pray. Oh yeah, we pray. We got to pray just to make it today. I said we pray. Oh yeah, we pray. We got to pray just to make it today. That's what we pray. Now I just think that you can do whatever you want. That's what we pray. I'm bucking these wires, making this money, and I won't. That's what we pray. Forget my people, all my town, all my way And on my knees every night I'm still gonna pray Oh yeah, we pray We got the break just to make it today I said we pray Oh yeah, we pray We got the break just to make it today Time and time and time and time again I kept on knocking, but these people wouldn't let me in. I tried and tried and tried and tried to flip away. But nothing happened till that day. I prayed. I prayed. Oh yeah, we prayed. We got to pray just to make it today. I said we prayed. Oh yeah, we prayed. We got to pray just to make it today. That's what we pray Children dying, own some land And build some that That's what we pray Make that money, work in that door Sturling track That's what we pray Ten years old, stand outside Don't look out That's what we pray Dead and gone, never had a chance What's it all about? That's what we pray Pray Oh yeah, we pray Pray We need to pray Just to make it today I said we pray Pray Oh yeah, we pray Pray We need to pray Just to make it today That's what we pray Pray That's what we pray That's what we pray That's what we pray That's what we pray That's what we pray Pray Oh yeah, we pray Pray We need to pray Just to make it today I said we pray Pray Oh yeah, we pray Pray We need to pray just to make it today That's what we pray All our visions start to count, here we go That's what we pray Take it back, speak these words we need to know That's what we pray Living high, living good, living low That's what we pray Take a minute, bust a breath and you're good to go That's what we pray Pray Oh yeah, we pray Pray We need to pray just to make it today I said we pray We need to pray just to make it today. That's where we pray. We're sending this one out to the Lord. We thank you and we know we need to pray. It's all the blessings that are good, they're coming from above. And once again we want to say thank you to the Lord with all our love. We out here. That's where we pray. Pray. Pray. Great, great Has more be great Has more be great Has more be great Has more be great Has more be great Great, great Rain, rain Rain, rain Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. guitar solo guitar solo guitar solo Thank you. Thank you. Thank you. I'd like to welcome everyone here and wish everyone a Merry Christmas and Happy Holidays that's coming up here. We have a long agenda, and we hope to be out here before Christmas. I'll put it that way. First, on the order of business, we do have minutes to be approved. Minutes dated October 25, 2012. They were emailed to the commission members. and if everyone is in agreement, I'm ready for a motion for those minutes. Mr. Chairman, there's approval of the minutes for October 25th. Thank you. Do I have a second? Second. Motion's been made and seconded for approval of the minutes of October 25th, 2012. Please vote when it comes up on the screen. Motion passes. At this time, I would ask for any postponements or withdrawals from the agenda. Yes, sir. Good afternoon. Nick Nicholson here on behalf of the Greer Land Company, MAR 2012-12. We like to postpone indefinitely this matter. It's been postponed a few times already, so we figured we'd go ahead and get it off you all's docket before we got everything resolved. Thank you, sir. Anyone in the audience wish to speak in regards to this request for postponement? Seeing none, I'll entertain a motion from the Commission. 2012-12. This appears on page 11 of your meeting agenda, item number 1. I'll entertain a motion. Mr. Penn. Mr. Chairman, I move for indefinite postponement of MAR 2012-12. Thank you. Do we have a second? Second. Motion has been made and seconded for an indefinite postponement. Please vote when he comes up on the screen. Motion passes. Thank you, Mr. Nielsen. Thank you, sir. Any other requests for postponement or withdrawals? Yes, sir. Good afternoon. Mr. Chairman, I'm Dick Murphy. on page 5, under development plans 3A, DP 2012-89, new market property phase 1, unit 10. We're requesting a postponement on that. Is your next meeting in January, is that correct, your next meeting? Yes, sir. January, what date would that be? Chairman, your next scheduled meeting is January the 17th. Thank you. January 17th, Mr. Murphy. Okay. Thank you. Okay. Motion has been made for postponement until January 17th. Anyone in the audience here to speak on this request? Seeing none, I'll entertain a motion. Mr. Chair, I move that we act on the postponement of 2012-89 New Market Property until the January 17th meeting. Motion has been made and seconded for postponement. Please vote when it comes up on the screen. Motion passes. Thank you. And also, Mr. Chairman, the two Lakeview items, I represent the owner of those properties. Page 3, item 2A, plan 2012-129F, Lakeview Estates, unit 2E, block K, lot 2 amended, 519 Lake Tower Drive, and the companion or development plan also for it, which is on page 7, the bottom. Item H, DP 2012-104, Lakeview Estates, Unit 2B, Block J and K, Unit 2E, amended, also on Lake Tower Circle at various addresses. We had submitted a new plan to the staff earlier this week, and we thought we'd worked out the height and lotting scheme issues. They informed us yesterday there was another issue regarding floor area ratio, and as a result of that we're going to have to submit a revised plan to the staff on that and obviously they don't have time we don't have time to prepare that to do that so we're asking for a postponement to the next meeting which i guess would be january 17th 17th yes thank you anyone in the audience wish to speak in regards to this request for postponement seeing none i'll entertain a motion. I'd like them one at a time. First, the final subdivision plan 2012-129F. Yes, Mr. Penn. Mr. Chairman, I move for postponement to the January 17th meeting plan 2012-129F. Thank you. Do we have a second? Second. Motion has been made and seconded for postponement until January 17th. Please vote when it comes up on the screen. Motion passes. Next would be the postponement of development plan 2012-104. Mr. Lakeview-States. Yes, Mr. Chairman. I also move for postponement of the development plan DP 2012-104 to the January 17th meeting. Motion has been made and seconded for postponement until January 17th. Please vote when it comes up on the screen. motion passes thank you not all yeah i'll take others all for now okay any other requests for postponement withdrawals mr chairman if there are none from the audience there are two that the staff would ask the planning commission to consider at this time yes both our zoning ordinance text amendments The first appears on page 13 of your meeting agenda, item C, number 1, ZOTA 2012-9. This is a proposed amendment mostly to the B-1 zone but also other various articles of the zoning ordinance. This is an item that's been initiated by the Planning Commission, and the staff would ask that this be postponed to one of your meetings in January, either the 17th or the 31st. The meeting on the 31st is devoted to your zoning items that day. Okay. Thank you. Do we have a motion? I presume we need a motion. Yes, sir. We would ask you to make a motion to postponement. Motion to postponement. Yes, ma'am. Mr. Chair, I move postponement of ZOTA 2012-9 until our January meeting when it's appropriate. Thank you. Do we have a second? Second. And seconded for postponement of ZOTA 2012-9. Please vote when it comes up. Mr. Chairman, before the vote, could we get one of the other dates on that? 17th or 31st? either one 31st i move that it be for the 31st thank you okay okay thank you uh please vote when he comes up on the screen motion passes uh and the other the other item is chairman's on the next page of your agenda page 14 another text amendment that has been initiated by the planning commission The second item, ZOTA 2012-15, parking, private walkways, and paved areas in residential zones. Again, due to the length of your agenda this afternoon, we would ask you to consider postponing this also to your January 31 meeting. Thank you. Do we have a motion? Anyone in the audience wish to speak on this postponement? Seeing none, motion from the Commission, please. Mr. Chairman, I move for a postponement of ZOTA 2012-15. Thank you. You need a date on that too, Bill? I'm sorry. He mentioned 31st. 31st. Thanks. Okay. Do we have a second? And seconded. Please vote when he comes up on the screen. That has also passed. Any other requests for postponements or withdrawals? Seeing none, I am going to take throughout the day various things, maybe out of order as far as the agenda. We do have a request for an annual report. It is required, and due to a conflict, Mr. Billy Van Pelt has asked to present this. He has promised to be brief. Thank you, Mr. Chairman. I'm here today to give you the annual reports on the Purchase of Development Rights Program and the Courthouse Area Design Overlay Zone. We have a PowerPoint for you as each of you should have a map and a spreadsheet in front of you with the latest statistics on the program where we are as of today. The map, as you can see on your screen, shows PDR properties and conservation easements that are held by others. And the total acreage in the program of 26,725 acres. You see the properties that are listed there at 53.5% of goal, 236 farms, and then we have applications on file totaling 42 with 3,747 acres. And I could take any questions that you have. Any questions, Mr. Van Pelt? I'm on, sir. All right, we'll move on to the next presentation, which is the courthouse area design overlay zone. As you know, this is a 24-acre area in the core business district of downtown comprising of 90 parcels. And the courthouse area design overlay board reviews changes to exteriors of the buildings and to the sites within that zone. and this process, this review process, has been in place now for 11 years, and that's a map of the zone there that you can see. I won't read this verbatim. I'll let you read this for yourself, but we've been operating now over the last 12 years or so reviewing properties. This is a broad cross-section of our downtown community community that represents various interests throughout the overlay. Approvals in 2012 by the board and myself, as well as over the last 11 years. These are the approvals and the addresses that were given in 2012. And then here are some of the examples of projects that have been approved. This is the public art project on top of the Downtown Arts Center. This is the Taste of Tye building at the intersection of Main and Lime. Of course, Center Point, this is the view of the intersection of Main Street and South Upper. Parley Social, they're going to be adding a four-story to their building and an outdoor terrace. And then, of course, 21C. We'll be making some modifications there to those buildings on the Main Street facade as well as the north upper facades. I've been participating along with the chair of the Courthouse Design Review Board, Mike Moiser, with the Design Excellence Task Force, which is looking at taking our process to the next level throughout the downtown, and you'll be hearing more on that in the future. I can take any questions at this time. Any questions, Mr. Van Pelt? Seeing none, I thank you, sir. Thank you. Thank you for your promptness. Next on the agenda is a reconsideration of a zoning item. During our November 15th hearing, the Planning Commission requested for a request for an ND1 overlay was heard, and after a lengthy hearing, a vote was taken, and the results were a tie vote of 4-4. KRS Statute 100.211 states a tie vote shall be subject to further consideration by the Planning Commission for a period not to exceed 30 days, at the end of which, if the tie vote has not been broken, the application shall be forwarded to the physical court or legislative body without a recommendation of approval or disapproval. Therefore, today we are here to have that reconsideration. The reconsideration is just that. There will be no testimony. Any reconsideration will be made from the testimony and evidence as presented during the 11-15, 2012 hearing. Commission members eligible to vote on reconsideration are those that voted originally, and any of the three that were absent that have watched the entire hearing last month and reviewed all documents presented last month. If so, a statement will be needed from those members that they have done so. Otherwise, they will be asked to abstain from vote when the vote is called for. As to the reconsideration, any of the following motions can be entertained. A motion for approval, which was the original motion, with findings of fact as presented last month. A motion for disapproval with findings of fact to support that motion. A motion for approval with alternative findings of fact to support that motion. A motion to withdraw the request of the ND1 overlay. If there are no motion for reconsideration, the tie vote will be forwarded to the Council. Are there any questions from the Commission members? Any of the Commission members? I'll ask the three. I think I'm correct in stating you have not reviewed these. Okay. So our reconsideration for MAR 2012-17 Urban County Planning Commission's petition for a zone map amendment to neighborhood design character overlay in D1 zone for 52.6 net acres, 59.72 gross acres, for a property located at 1200 to 1280 Colonial Drive, 4009 to 4021 John Alden Lane, 4004 to 4025 Mayflower Lane, 1228 to 1273 and 1290 Standish Way, and then 2492 to 2516 Vercels Road, the even addresses only. The staff's recommendation was for approval with three alternative design standards that were stated and that you have in front of you today. The zoning committee made no recommendation on this request. So at this time, I would ask that any commission member would like to make a motion for reconsideration. Mr. Penn. Mr. Chairman, I'd like to move for reconsideration to send to the Council the recommendation of MAR 2012 Day 17 for recommendation of approval. Thank you. The motion has been made for the recommendation of approval. Do I have a second? Second. The motion has been made and seconded for approval of the original motion of MAR 2012-17. At this time, I would ask for a vote. Please vote when it comes up on the screen. Motion passes. Thank you. I appreciate all interested parties on this for this request. I wish you the best and hope you have a wonderful holiday. As I mentioned, our agenda is lengthy, and it may appear, as some of you all have already seen, that we are bouncing around. However, hopefully, there will be a method to my madness. Next, what I would ask for is the consent agenda to be sounded by Mr. Bill Salley. Thank you, Mr. Chairman, members of the Commission. Good afternoon. There are a number of plans that can be considered at this time for approval on your consent agenda. I'll be glad to review those with you at this time. The very first item that appears on your consent agenda has been postponed, so I will not announce that item. There is one remaining final subdivision plan that has been recommended for conditional approval by your subdivision committee that does remain on your consent agenda. It appears on page 4 of your meeting agenda, item D, plan 2012-132F, an amended final record plat for Park Hills, Unit 1C, Lot 1 amended. This involves property at 3100 Pimlico Parkway. There is one final subdivision plan that is recommended for a one-year, pardon me, a re-approval by your staff. That item appears on page 5, item G of your meeting agenda. It is Plan 2011-71F, the Mark Acre property, also known as South Broadway Land, LLC, lots 1 and 2. This involves property at 502 South Broadway and 319 Cedar Street. There are a number of development plans appearing on the consent agenda that have been recommended for conditional approval by your subdivision committee. The first is on page 6, item C of your meeting agenda, DP 2012-99, an amended final development plan for Arcadia Investments, lots 3, 4, and 5. These properties are located at 1590, 1600, and 1610 Leestown Road. The next item on your meeting agenda is also on the consent agenda, page 6, item D, DP 2012-100, Covey Ridge Development, Lot 1A. This is a final development plan, an amended final development plan, I should say, for property at 5521 Athens Boonesboro Road. On page 6, item E of your meeting agenda, this plan is also on the consent agenda, DP 2012-101, Coldstream Research Campus, Unit 1B, Lot 14B, located at 824 Bulley Road. DP 2012-102, Coldstream Research Campus, Unit 3, Lot 7, is also on your consent agenda. This appears on page 7, item F of your meeting agenda. It involves property at 1698 McGrathiana Parkway. On page 8, item I of your agenda today, DP 2012-105, Park Hills Shopping Center, Lot 1 amended. This is an amended final development plan for property at 3100 Pimlico Parkway. Also on your consent agenda is the next meeting item, page 8, item J, DP 2012-106, an amended final development plan for the South Elkhorn Village located at 4379 Old Harrodsburg Road. On page 8, item L of your meeting agenda, DP 2012-108, an amended final development plan for the Eastland Bowling Lanes located at 750 East New Circle Road. There are two remaining items on your consent agenda. The first is page 9, item M, DP 2012-111, Bluegrass Business Park, Lot 4, also known as the Pemberton Farm in Burke, Hawkins, Smith, and Maggard Property, Unit 5. This involves property at 2151 and 2221 Georgetown Road. The final item on your consent agenda is the next item on your meeting agenda, page 9, item N, DP 2011-19, an amended final development plan for Hamburg Place Office Park, lot 12A amended, located at Pink Pigeon Parkway and Vendor Way. Mr. Chairman, all of these items, remaining items, can be considered for approval at this time by the commission as recommended either by the staff or by your subdivision committee, unless a member of the Planning Commission, a member of the audience, or one of the applicants would ask to remove such an item for further discussion at today's meeting. Thank you. Anyone in the audience wish to remove one of these items for consideration? Yes, sir. Come forward. Go ahead. Yes, sir. Please state your name. My name is Robert Layton. Item page 6, item C, DP-2012-99. Request it please be heard. Okay. Thank you. Thank you. DP-2012-99, Arcadia Investments will be pulled from the consent agenda. Any other requests for any items to be pulled from the consent agenda from the audience? Anyone from the Commission wish to hear another one? Yes, ma'am? Anyone? No? In regards to, please come forward. You're okay? All right. Thank you. Commission members, anyone wish to pull one of these items from the consent agenda? If not, I'll entertain a motion for the consent agenda as read, with the exception of DP 2012-99 Arcadia Investments. So moved. The motion has been made for approval of the consent agenda read and seconded. Please vote when it comes up on the screen. Mr. Chairman, I'm sorry we did not get the second on the motion. Mrs. Mundy. Thank you. Thank you. Motion passes. Thank you. One item to get rid of before we start with everything else would be the release and call of bonds. Mr. Chairman, move approval of release and call of bonds. Thank you. Motion has been made and seconded for the release and call of bonds as stated in the memorandum dated December 2013. Please vote when he comes up on the screen. motion passes thank you our first item that we will hear will be the tuscany page two item 1a on the agenda i believe you do have an a revised recommendations on a yellow colored sheet that should be before you. As they're getting ready, we will hear the subdivision plats without a development plan first, and then we will hear the combined subdivision plans and or development plans as they show up on your agenda. And this is a preliminary subdivision plan. Mr. Taylor. All right. Good afternoon. The first item on your agenda is, again, at the bottom of page 2, number 1, preliminary subdivision plans. It's Plan 2012-113P. It's Tuscany Unit 9. This is for property located at 1970 Winchester Road, a portion of. This property is located off of Winchester Road. We recently had a preliminary subdivision plan for this portion of Tuscany, with Winchester Road out this direction, Fortune Drive, connection to the Tuscany development in this area, and Sir Barton Way down in this further portion. The Planning Commission approved this section of Tuscany. The Planning Commission, at their last meeting, voted to continue this preliminary subdivision plan. The applicant did submit a revised plan with one additional access point to serve a large section of the future Tuscan development down in this area. Before your last meeting, the subdivision committee recommended postponement. And again, at your last meeting, you recommended a continuation to this meeting. The staff does have in front of you revised recommendations with only seven conditions left, being the timing to resolve the timing of the connectivity of Battery Street. The other, we expect to handle that with a note on this plan addressing the dedication of streets in this area in order to get to this section. These will have to be, streets will have to be dedicated so that this is the only connection into this portion at this time. So that is how number seven will be addressed. But if you have any questions, I'd be happy to try to answer them. Questions for Mr. Taylor? Seeing none, thank you, Chris. The applicant here? Oh, there they are. Good afternoon. Mr. Chairman, members of the Planning Commission, Rory Cayley of the EA Partners, we are in agreement with the seven revised conditions and request approval. Thank you, sir. We appreciate the seven revised conditions. Any questions, Mr. Cayley? Anyone else in the audience wish to speak on this? Seeing none, Mr. Cravens? Yeah, I'd like to make a motion for approval of Plan 2012-113P, Tuscany, Unit 9. Thank you. Do we have a second? Second. Motion's been made and seconded by Ms. Plumlee for approval of Plan 2012-113P with the revised seven conditions. Please vote when it comes up on the screen. Motion passes. Thank you, Mr. Cayley. Thank you. Thank you, Mr. Haymaker. next on the agenda would be national subdivision page 3 item 2b we do have a waiver we do have a revised conditions that's on a tan colored sheet Mr. Chairman, members of the Commission, our next item appears on page 3 of today's agenda, Item 2C, it is Plan 2012-131F, National Subdivision, Unit 2, Block B, Lock 1, as amended. It is amended final subdivision plat for property located at 156 South Forbes Road. It is located on the east side of Forbes Road between Liggett Lane and West Main Street. and it is just up from the stockyards, which is diagonally in this. The proposal is to subdivide one lot into two lots. And the subdivision committee has recommended approval subject to the conditions listed on your agenda in front of you. If you have any questions or comments, we will take them at this time. Questions, yes, and I believe we do have revised conditions on the tan colored sheet. Yes, there are revised conditions. Yes, Ms. Phillips. We see a revised submittal. Mr. Dorman, I don't serve on the subdivision committee. Is that a gas easement that's bisecting the property? Is it also zoned differently? Yes, ma'am. This is zoned I-1. Oh, the entire track is zoned? It is a Columbia gas easement, a 20-foot gas easement. Yes, ma'am. Thank you. Any other questions? Please note that Texaco Road stubs into the eastern boundary of the lot and it raises the issue with subdivision regulations regarding termination of that street. At this time, Mr. Martin will address that issue with a waiver report. Thank you, Mr. Chairman. Mr. Martin. Mr. Chairman, members of the Commission, as Mr. Jarman mentioned, there is a waiver associated with this particular subdivision, and it is related to Texaco Road, which stubs into the rear of these lots. Texaco Road has been here since approximately 1938, when the rest of the subdivision here in the rear was platted and developed. In subdividing properties, you're all aware you have to terminate a street in accordance with the subdivision regulations. That would mean a cul-de-sac, which would take up a large area of these lots, or coming all the way through the public street to South Forbes, again, impacting the street, impacting the gas easement, creating lot lines and setbacks on these lots, further constricting these lots. Texaco Road, as I stated, is part of an overall subdivision. You can kind of look up in here. There are various other street connections that serve this subdivision out to the surrounding street system. Staff did evaluate this waiver and is recommending approval. Any questions for Mr. Markham? Mr. Penn? Mr. Martin, how will that be terminated? Will it just be shut off? Will it be a cul-de-sac? How will it be terminated? It will stay as you see it there today, Mr. Penn. So it will just be cut off? Yes, sir. That's the object of the waiver. Thank you. Any other questions? Applicant here? Yes, sir. Yes, sir. You're in agreement with all the conditions? We are. Anything to add? Don't believe so. Your name, sir? Justin Drury with 2020 Land Survey. Thank you, Mr. Drury. Any questions for the applicant? Seeing none, I'll close this part of the hearing, open it up for discussion and or motion. The motion is in regards to the revised staff, with the revised staff recommendations. We could conceivably have one motion to include the waiver for the reasons listed with the waiver. Mr. Penn. Mr. Chair, I move for approval, for recommendation of approval and revised staff recommendation for plan number 2012-131F with the eight conditions and also approving the waiver that was a catch to it in regard to the termination of Texaco Road. Second. The motion has been made and seconded for approval of the revised staff recommendations along with the waiver and their two conditions, two reasons. Motion was seconded. Please vote when it comes up on the screen. Motion passes. Thank you, sir. Next on the agenda, the way we're taking it, is the reserve at Walnut Grove. it's on page 2 item 2e this also has a waiver it is on a cream colored revisions on a cream colored sheet that is before you along with the waiver request and And findings for use of access easement on a melon-colored sheet. Whatever. Mr. Taylor, please help me. Get me on to something else. I believe it's salmon, sir. Oh, thank you. That looks pink. Uh-oh. Mr. Taylor, move on. The next item is on page 4. It's item E, plan 2012-133F, the reserve at Walnut Grove, unit 1E. This is for property located at 3820 Hatfield Lane. This is a final record plat for the subdivision of one 80-acre tract into two 40-acre tracts. I'll use this development plan to orient you between Winchester Road and Walnut Grove and Deer Haven along Walnut Grove. Before the interdiction, there's a subdivision approved with this preliminary subdivision plan and final development plan. When the rezoning occurred for this overall large property and the urban service boundary was set during the expansion area master plan process, this 80-acre portion of the property was left outside of the urban service boundary. This portion was brought into the EAR. laiving the ability for a future subdivision as shown on this record plat which is before you today i'll come back to the development plan in just a second again here is the 40 acre tracks two 40 acre tracks the urban service boundary the public street interior to the rest of the development the subdivision committee recommended postponement at its meeting primarily for reasons relating to the need for a waiver as well as the need to amend the development plan for this property. The original development plan showed, obviously, one 80-acre tract with one access easement into the property. With this subdivision and access being needed to serve the additional lot, they needed to amend the development plan to add the additional access easement. Primarily, the biggest concern with doing so was to adjust the open space in these lots. There's a very high open space component in the AR1. The applicant had to document that they could meet their open space requirement out of other non-open space areas like driveways, streets, and the area in lots. The applicant did submit the minor development plan that's used there as an exhibit in order to meet their conditions on this record plat. That's why you have a revised handout here that modifies conditions leaving the certification of that minor development plan prior to the certification of this record plat. Condition number nine is provided the Planning Commission grants a waiver to Article 6-4C of the land subdivision regulations. And that is a waiver, as you will note on the very back of the page, is for lot frontage and access. The applicant did submit the waiver, and the staff has presented a report to you on that. This property, as is currently configured, development process in the zone change, currently does not have frontage on a public street. Its only access is available to it is via an access easement. So the staff does recommend approval of the waiver that the enforcement of the subdivision regulations would constitute a hardship for the applicant due to there being no frontage for the existing lot, as well as granting the waiver to subdivision regulations will not negatively impact public health and safety. The final condition is number 10, as provided the Planning Commission makes a finding on the use of the access easement. That's on the other colored sheet in front of you. And again, for the same reasons, this property does not have frontage currently on a public street. Allowing these two lots to be accessed via an access easement is appropriate for the proposed development, again, as there's no ability for these lots to have frontage on a public street. And these lots are in the rural services area, and the access proposed will serve as an expansion of the current site access arrangement. The final condition is part of the resolution of the development plan, which is to resolve that location. of access to lot to and the possible loss of open space, that reconciliation with the open space will take place on the amended minor development plan. And staff, again, has received it and is working through getting that development plan certified. But if you have any questions on the record plat, I'd be happy to try to answer them. Any questions for Mr. Taylor? Seeing none. Thank you. Mr. Cayley? Rory Kaley with EA Partners. We are in agreement with the revised conditions and request approval. Mr. Penn, the access easement will be built by the developer and maintained by the two 40-acre owners. Mr. Chair, could I follow up? Yes, sir. Assuming that this could be a while before that second lot is developed, would that be an access easement that's recorded on the deed of the second lot or the first lot of either one for that matter? So in other words, how do we know that access easement other than just a note on the development plan? The easement is actually on Unit 1C final record plat because it's going through that open space, so it will be recorded with that document. Both easements will be recorded at that time on that plat. we've got the note i believe added to the development plan added to the plaid as well of unit 1c who is maintaining those access easements once 1e is recorded both 40 acre tracks will be created so that you know access is on 1c recorded with it both when 1e is recorded both of those lots are created so we're hoping within the next 30 days to have it all done Pardon my density here, but my question, my problem with this is access easements as an access. And my problem is if these lots develop fairly soon, I don't think the access easement will be an issue. If they drag it out and are not, and particularly if one of them develops and the other one doesn't, as it comes through that subdivision, I can see us having a fight over whether that's a permanent access easement or a temporary easement. I want you to help me understand why it's a permanent access easement. It will be recorded on the final record plat of 1C as a permanent. Right now we have drawn as a 12-foot permanent access easement and a 30-foot construction easement around it. So once the 1C, which is our public frontage, is recorded, those two easements are recorded as permanent as well. Any other questions? If not, thank you, Mr. Cayley. Anyone else in the audience wish to speak on this plan? Mr. Chairman, if I could, I just wanted for the record to note that the affidavit was submitted regarding the signposting for this subdivision. It appears to be in order. Thank you. Okay, thank you. Seeing no one else wishing to speak, I'll turn it over to the Commission for questions and or a motion. Once again, a motion could include Mr. Barclay. I'm sorry. I got just one quick question about the lots that back up to this potential easement. Are they already developed houses and have they signed off on this? Currently, the four plats out front, which is the reserve on the Grove, zoned EAR1, are sitting and planning trying to get signed. Those were within the urban service area. So the developer has got the entire 180, 168 acres, both the EAR1 and the EAR property. We are trying to get everything recorded here within the next 30 days. The public streets are not yet dedicated. I mean, it's a domino effect. So any buyer would have notice is what my concern is. Yes. Any other questions? Mr. Salley, let me ask you, motion could definitely include the waiver as well as findings for the access easement? Yes, sir. Okay, thank you. If there's no further questions, I'll entertain a motion. And as stated, it can include the waiver and the findings for the access easement. Ms. Beatty? I just want to clarify. Yes, ma'am. Sorry. Just clarification on the access easement. You explained that the first lot would have the recordings for the access easement. Is that correct? And I guess the real question is, does that have to be noted? this might be a question for staff. Does that have to be noted on the development plan, or is he simply answering Mr. Pien's question? These access easements, the purpose of amending the development plan is to get the access easements shown on this so that buyers of these lots are aware that there are two access easements for two lots as part of this development plan. The reason the plats are in our office is because we're verifying the change to the open space related to what they're changing on this development plan. So I'm not sure exactly if your question is answered, but these access easements have to exist here before we can get them approved on this plan. And staff is okay with that? Yes, that is the purpose for the minor amended development plan that we're using as an exhibit here. And also, Ms. Beatty, if I could help clarify, Today, the development plan shows one access easement to an 80-acre parcel. The subdivision that's proposed has proposed two access easements, and so part of the amendment is to add that second access easement for the second lot. Mr. Penn, another question? Yeah, I think the thing we need to focus on here is the fact that the 80-acre track is in the rural service area, and it was divided into two 40-acre tracks. So until that is taken in, that's not eligible for development anyway. Is that correct, Rory? Correct. It's a, well, until the lots out front get, or once the lots out front get recorded, it's a landlocked 80-acre piece. I understand that. So we'll record those, then we'll record this and get two 40-acre tracks, which is still ag land. It's AR. But that couldn't be so divided until the expansion comes in, until it's taken into the service boundary. Yeah, I don't know of any way to get them smaller than 40. We've been trying. That's my point. Thank you. Any other questions? If not, I'll entertain a motion. Mr. Chairman. Yes, sir. I'm going to move approval of 2012-133F, the revised staff recommendation. Along with that, I'm going to move approval of the waiver and also acceptance of the findings for the access easement. Thank you. Motion's been made and seconded for approval of Plan 2012-133F with the waiver with the reasons provided, along with findings of use of the access easement with the reasons provided. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you, Mr. Cayley. Next item that we're going to hear is Mr. Michael Gentry, which is on page 5, item 3B. We do have a revision. It is in the baby blue color that is before you. All right. Mr. Taylor. All right. We're at the bottom of page 5 under development plans. item b is plan our dp 2012-91 the michael gentry dvm property lot 2 amended this is for property located at 101 sand lake drive this property is located richmond road sand lake drive we have the barbecue restaurant recently approved and opened on a development plan here man of war and then richmond road intersection in this area the The applicant is proposing another restaurant on the adjacent lot, access off of Sand Lake Drive and then to the access easement along here back out to Eagle Creek. It's a 5,200-square-foot building with associated parking. The subdivision committee recommended postponement at its last meeting. the applicant did bring us a revised plan as well as some information related to some deeds and easements and I'll go over here in just a second revised conditions in blue in front of you include our standard sign offs there's a couple of conditions remaining the adjacent lot information is shown on another development plan this entire area was on one development plan at one time Subsequently, it came back in, proposed only development here with nothing on this lot. We'd like to see this full development plan information included back on this plan. That is under condition number 10. Number 11 is to connect the sidewalks. The sidewalk was constructed on this development plan out front. They're proposing, again, one out here. The connection of the sidewalks in this area is condition number 11. We have one other condition of importance is to document that the landscaping, number 14, will be provided in accordance with the Richmond Road Ordinance along the lot frontage of Richmond Road. There is a landscape ordinance that governs a large portion of Richmond Road. They do have the area on the plan to meet that out front. It's a standard note for developments in this area to denote that they will have to meet that additional landscaping requirement. But with the changes the applicant brought to us, the staff is now recommending approval. I'd be happy to answer any questions you have. Any questions, Mr. Taylor? If not, thank you, sir. Mr. Black? Good afternoon. Jim Black with J.E. Black. Are you in agreement with all the conditions? We are in agreement. Thank you. I appreciate it. Any other questions for Mr. Black? Anyone else in the audience wish to speak in regards to this? Okay. Thank you, sir. Seeing nothing, I'll entertain a motion for, in regards to this plan 2012-91, Mr. Michael Gentry, with revised conditions. Move approval of GP 2012-91, Michael Gentry, DBM property, with the 14 conditions outlined by staff. Second. Thank you. Motion has been made and seconded for approval. Please vote when he comes up on the screen. Motion passes. Thank you. Thank you, Mr. Black. Thank you for all your hard work bringing it to this point. Next on the agenda, we're going to hear Arcadia Investments, which is page 6, item 3C. Thank you. located at 1590, 1600, and 1610 Leestown Road. This is known as the Metathorpe Shopping Center. This is Leestown Road, the Sharkey Townley Center development in this area, McDonald's, the bank, and the Kroger here. The purpose of this amendment is to add roughly 7,000 square feet of square footage to the existing shopping center in this area as this expansion to the Kroger development as well as to add fuel center to this area this plan does have a restrictive note on the development plan that relates to restricted uses in the out lots as defined within 400 feet of the center line of lees town road that line is shown down through here of those restricted uses one of them is a gas station the applicant again has submitted their development plan with the gas station outside of the 400 foot area from the restricted uses denoted in that note as shown here part of the square footage for this expansion is drawn from a previous out lot development here square footage that was in this area has been moved and allocated to the expansion of the kroger store the subdivision committee did recommend approval as noted on your agenda subject to the eight conditions shown and i'd be happy to answer Are there any questions that you might have? Any questions for Mr. Taylor? No. Thank you, sir. Applicant? Yes, sir. My name is Bob Cornett. I'm with the Roberts Group representing Kroger, and I also have Todd Metzmeyer of Kroger here that would like to say something, too. In 2008, Kroger presented a plan to the Meadowthorpe Neighborhood Association to place the fuel center in an outlot out near Leestown Road. And we had requested that they amend the notes, restrictive notes, on the development plan to allow a fuel center on that outlot. We worked with them for a lengthy period of time. The design and review committee approved it, but the actual vote of the neighborhood turned it down. So Kroger has a new shopping center owner now, and they represented this plan back to the neighborhood association. They had the same concerns, so Kroger did not even make a formal submittal. and since then, working with the new shopping center owner, have arranged to move the fuel center outside of the restrictive distance from the center line of Lee's Town. We meet all of the zoning regulations. We comply with the engineering manuals and we feel like we have given this enough thought that this body should consider approval of this plan. There is always concern about traffic. Every time we do a fuel center or a Krober store expansion, traffic seems to be the big item everyone talks about. This project does not require a traffic study to be prepared, but we did have one prepared back in 2008. and we just went back to see what the traffic engineer said the maximum peak trips would be for this project. And it is less than 60 trips. Kroger has done some research on past projects to do a little bit of research with your Kroger Plus card. When you use your card, it records the day that you did the purchase, not necessarily the time. and we found that 23% of the customers that bought fuel at a store that has a fuel center also bought groceries that day. Now, I can't tell you it was the same trip, but logic tells me most of those probably were in the same trip. So the numbers were adjusted down, if we consider the 23% same shopping trip numbers, to where the actual generated fuel trips would be about 50 new trips for the a.m. peak hours, 53 trips for the p.m. peak hours. I said about 60. Actually, the traffic generation report said that the new a.m. peak hours would be 65 trips and the p.m. would be 69 trips. I didn't have my data in front of me. I apologize. But once adjusted down, it is around 50 trips. Traffic management has quite a few things you have to take into account, and one of them is interconnectivity. That's why the subdivision regulations require interconnectivity from one subdivision to the next. A lot of interconnectivity between retail shopping centers. There is a connection between this center and Townley Center, and traffic flows back and forth both ways. So if you keep the traffic in the center and use the interconnectivity, you don't generate as many trips out on the public highway. Those are not taken into account into the traffic studies. we just feel like we've worked hard on this since 2008 and we'd like to see this body approve thank you mr cornett um did you say you had another person with you uh todd metzmeyer of Kroger. Okay. Please come forward. I presume you have something to add. Yes. Your name, sir? Yes. My name is Todd Metzmeyer. I'm with the Kroger Company. Good afternoon. I thank the commission for this opportunity to appear here today and ask for your approval of the project as Kroger and the landlord have presented. After working on the alternate plans that Bob mentioned for several years with the neighbors in the Meadowthorpe Neighborhood Association. Kroger, along with the new owners of the property, present this plan for your consideration. The Neighborhood Association has twice denied our request for them to alter the existing development plan to allow for a fuel station to be built on the forward portions of the shopping center, as Bob previously showed you. They have defended their rights governing outlighting areas and setback requirements. We understand their position. They fought hard for it when this shopping center was originally developed. Those requirements, however, are balanced so that the shopping center buildings can be expanded and satellite buildings can be added so long as they meet all zoning requirements and the special requirements that are shown on the plan. The plan, as we have presented, does accomplish that. In opposition letters, several opponents of this project have mentioned traffic studies that have been previously provided. They have discounted the contents as flawed or somehow biased in favor of the development. The first study was commissioned by and paid for by Kroger at the request of the Neighborhood Association. The second study was paid for by Kroger and the landlord, but the study provider, the person who conducted the study, was selected by the Neighborhood Association. Again, that was at their request. It was our attempt to show that we weren't going to be involved in that process whatsoever. To date, no rebuttal, study, or professional opinion has presented to either Kroger or to the landlord that dispute the general findings of either one of those reports. Opponents have also asked that the plan presented here today be denied until such time as the recently announced plans to improve New Circle and Leastown roads have been implemented. It is our opinion that a denial based on that supposition would have duly burdened the landowner and Kroger by restricting the use of the property beyond current code and law. Additionally, any attempts to close the access between the shopping center and Townley Center should be scrutinized as detrimental to public safety. Kroger respectfully requests approval of this plan as it meets and satisfies all restrictive requirements of record. Thank you. Any questions for Mr. Mintz-Meyer? No, thank you, sir. One question. Sorry, sir. Mr. Grissmeyer, the original development plan, did it include the gas station, the gas pumps, but they were never built? No, it never did. When this was originally developed, I believe it was back in the late 80s, it was originally a Winn-Dixie store. I remember. And at those times, most grocery stores didn't offer gas. But when Kroger went in, I presume that was in 2008 when you were talking about the traffic. That's correct. We opened in 2007. But was there a fuel center planned at that time? Our plan with the former property owner at that time was to add fuel. However, we had to go through the process and get the neighborhood's consent to alter the development plan. And that's what we did and we're not able to do. Other questions? Ms. Beatty. I'm sorry, I was not in subdivision, and Mr. Taylor, you may have already mentioned this. How many pump stations are there? Go ahead. It's five dispensers, which means there will be ten stations. You'll be able to access each dispenser from both sides, so there will be ten cars potentially at one time. I should add that the staff did put at your place a copy of all of the emails that we have received on this. I just want to make sure that it's clear. We have handed those out and distributed them to you. Thank you. Anyone else wish to speak? I think there are others. Let me ask if there's others in favor of this at this moment. Seeing none, I'll ask for anyone else in the audience that wish to speak to please come forward. State your name and concerns. Mr. Chairman, members of the Planning Commission, my name is Coleman Bush. I live at 324 Pelican Lane, which is in Metathorpe in Lexington. And I am a Kroger shopper. I spend several thousand dollars a year there, and I'm happy to have them as a neighbor. I would say since Mr. Metzmeyer is here, I wish they weren't out of stock on some items quite so often. And maybe I have his undivided attention and that will improve. Now Mayor Gray, in his Fresh Start plan, which I'm sure you've all memorized, he said that nothing is as important to a community as neighborhoods and their health and safety. Well, I can tell you the traffic studies, you can do all the traffic studies in the world you want to do, and they are limited in scope, no one can tell you what that traffic is like except a neighbor of Metathorpe. We're there all the time. I'm at Kroger probably 200 times a year, always out of something, and we are glad to have that. But the traffic at times is unbearable. It's dangerous. It's dangerous to Metathorpe. It's dangerous to the people who travel there who don't live in Metathorpe. And to exacerbate that situation simply because Kroger has a business model that says there's going to be a gas station doesn't make sense. What makes sense is putting a gas station where it does make sense. That's when the business model should be applied. So I ask that you reject this development plan. And, two, Mr. Metzmeyer mentioned the traffic that's going to occur on Leesetown Road and New Circle Road. It's going to be widened from Versailles Road to Georgetown, New Circle is, to three lanes. It's going to be a double crossover diamond at Lees Town Road and New Circle Road. Imagine the traffic that's going to bring. Imagine the people who are going to stop there and get gasoline. Gasoline, for the most part, is a rush hour experience, in my opinion, and those people are going to be zipping in and out of there, creating even more danger to an already dangerous intersection. So, again, I ask that you reject this development plan. Thank you. Thank you, Mr. Bush. Anyone else? Hello, I'm Bruce Quick. I live at 291 Burke Road in Metathorpe, and I, too, reject this plan. It's just going to – it's insane to keep adding gas stations and more stuff into Metathorpe. The major intersection is a mess most of the time, especially in drive time. And like the last man said, people get gas in rush hours, and it's just going to continue to get worse and worse. So I haven't met anybody in Metathorpe that wants this or agrees with it, and so we would like to see it rejected. Thank you. Thank you, sir. Anyone else? Yes, ma'am? Good afternoon, and happy holidays to you, ladies and gentlemen. My name is Shirley Young, and I live at 220 Bowling Springs Drive in Metathorpe. My opposition isn't an attack against Kroger. It's simply about protecting our neighborhood's well-being and for others that live and work along the Leastown Road corridor. As a former Metathorp leader, I was the one that headed up the quest to get in Kroger to come to our neighborhood. So Mr. Metzmeyer and I know each other quite well. He knows my opposition to a fuel island because of the obvious traffic issues that it will involve. I live within sight of the Kroger store, so I can hear the traffic jams. I can hear the accidents. I can hear the horns blowing. I can actually see it. I'm sort of like Sarah Palin. I can see Kroger from my house. So for those of you who have never driven out to Leastown Road in the evening, specifically between the hours of 5 and 7 p.m., I encourage you to do that because I think you would find it absolutely exhausting. I also want the members to consider the fact that this area is just inside New Circle Road and just outside New Circle Road for many, many areas. There are large corporate developments there with huge trucks. And just the other evening on the 6th of December, I was trying to get home from Frankfurt, and there was a traffic accident just outside the circle. And it was just obvious road rage that was going on out there. It's going on, and it's getting worse and worse and worse because of the traffic. I think it's a mistake to exacerbate that issue. I urge the Council to reject this application. I thank you for the opportunity to speak, and I'm happy to answer any questions. Thank you, Ms. Young. Any questions? Mr. Brewer? Yeah, one quick. You mentioned in your letter and several other, it's been mentioned at least one other, about three other stations within a half mile. Yes. Where are those? There are two at the corner of Forbes Road, one on the north side and one on the south, and then a shale station, I'm sorry, in Townley Center. And they are within less than a half a mile of each other. That can be verified. Thank you. Any other questions? Anything else? Thank you, Ms. Young. Thank you. Anyone else? Yes, sir. Good afternoon. My name is Bob Layton. I live at 1470 North Forbes Road, also in Metathorpe. I'm vice president of the Metathorpe Neighborhood Association, but we have not been invited to have any process this time, so I'm speaking in my individual capacity. I also want to thank the planning staff, particularly Mr. Taylor and Mr. Neal, for the information they've provided as we've been trying to further understand how exactly this works. And I also want to stress that we are in opposition to a fuel station and a 7,000-square-foot addition. It is not just the fuel station which is at issue here. And I would also like to, in response to what Mr. Metzmeyer said, there is a provision in Article 21 that says if certain conditions are met, that the Commission is authorized to disapprove. It's not such that once something is zoned something, that is simply the end of the analysis. I want to thank all of you, and bear with me because this is something that's important to Metathorpe and to me, so I've made some notes. I want to thank the Commission members for this opportunity to submit information. I ask the members to disapprove the amendment application under Article 21, Section 4D, which says disapproval is appropriate if there are existing traffic problems relating to the development of the subject property. And under Section 7E, disapproval is also appropriate if the amendment adversely affects the public health, safety, and welfare, or if it alters the essential character of the development as originally approved. Now, there are questions about the restriction on gas stations. They are correct. the technical requirement of the ban on gas stations only extends to the 400 foot. I would submit to you that the gas station portion of this, even though it does meet the out-parcel requirement, is inconsistent with the development as originally improved and envisioned. I did one-hour traffic counts at Metathorpe and at Bryan Station Road Kroger's earlier this week so we would have some evidence to submit to you. Here is what I found. The total hour count for Metathorpe on Tuesday, December 11th, from 4.30 to 5.30 p.m., was 412 vehicles. The comparable count for Bryan Station, which already has the gas station and the expansion of Kroger's that is proposed for Metathorpe, the previous day, on Monday, was 566 vehicles. 566 over 412 shows a 37% increase in traffic into and out of Meadowthorpe Shopping Center from the expansion and the fuel station. And the impact will be more severe because, unlike the four lanes at Bryan Station, there is only a two-lane road at Lee's Town and Boiling Springs at this shopping center. When I am done going through this information, I am also going to let everyone know, and also let Kroger's know now, we are happy and invite an opportunity to step outside and talk to Kroger's and see if there might be some sort of middle ground or room for resolution by agreement. We want to try to be reasonable neighbors ourselves. And I did want to let Kroger's know that. But Bryan Station is significant because it already contains the Kroger expansion store and fuel station that are being proposed for Metathorpe. Traffic information from Bryan Station is the most reliable indicator of the impact on Metathorpe. The Bryan Station Kroger's, like Metathorpe, is located near New Circle and a major street. Both have out-parcel restaurants. Bryan Station has a White Castle. Metathorpe has a slightly busier McDonald's. both have Fifth Third Bank locations, and both have other tenants. The difference between Meadowthorpe's current count and Bryan Station's count with the proposed expansion is the most reliable indicator of that traffic impact, and that shows an increase of 37%. Meadowthorpe's infrastructure is limited to two lanes at Boiling Springs, whereas Bryan Station has the four lanes plus turn lanes on both New Circle and Bryan Station. Meadowthorpe's location is less able to handle a comparable flow of traffic. Road expansion inside of New Circle Road must be funded by the City of Lexington, which is responsible for state roads inside New Circle Road. So this could lead to the City having to consider four lanes from New Circle Road to the Viaduct or possibly further to Newtown at a cost of several million dollars if that ultimately becomes required. The current outside New Circle Road-Leestown Road expansion to four lanes is authorized, they announced a couple of weeks ago, to spend $30 million to go four-lane from the coke plant out to the entrance of Masterson Station Park. And at that same time, a four-laning expansion of New Road from Georgetown Road to Lees Town Road for Citation Boulevard will tie in with that four-lane, which is going to increase in that area the opportunity for traffic to be handled reasonably. Also, there is $80 million being spent from Georgetown Road to Versailles Road, as was mentioned earlier, to do a six-lane and the double diamond at Leestown Road. So we're talking about a total of $110 million that the state already recognizes and has authorized spending because they can see what an ocean of lights you have on Leestown Road right now. Now, unfortunately, inside New Circle Road, there is no such potential for resolution. It becomes a two-lane road right where we are talking about adding a 37% increase in traffic. And I'm not aware of any plans or even capabilities to go from two lanes there to four lanes. Mr. Layden? Yes. I didn't mention it earlier. We do have time limits. Do you have much more? I will try to make it brief. The other items to consider is the gas stations were explicitly prohibited. Excuse me, I'm trying to zip through here. I appreciate it. Also, the adjacent center, Townley Center, was originally zoned for low-density residential. Working with the Meadowthorpe Neighborhood Association, that was appropriately rezoned. That is a factor which was not in place when this was made commercial zoning, and further is another reason to disapprove this matter, because the town lease center traffic has added to the burden which is borne by Lee's Town. Planning and land use zoning are also violated because at Citation and Lee's Town, there is a better location for this. It is one where you will have four-lane access, just like you do at most of the other Kroger's. I would like to thank you and please consider again I am willing to step out and talk if Kroger's is willing to step out and talk otherwise I believe that given this information it is appropriate and factually supported for the commission to consider disapproving this matter and I appreciate your time I didn't mean to be too long winded thank you Mr. Layton Mr. Wilson do you have a question? yes I do Mr. Layton is it? yes just a couple of clarification positions for me. You're the vice chair of the Mentathorpe Community. Vice president, yes. Vice president. Where does the neighborhood association stand on this? We were not invited this time by Kroger's to take any position. We have not had an opportunity to as a neighborhood take a position. We have twice in the past opposed this by substantial numbers, but we were not invited to take a position this time. Thank you. Any other questions? Thank you. Thank you, Mr. Lakin. Anyone else wish to speak? Mr. Murphy, are you hiding back in the corner for some reason? Well, that was the only chair available when I got here, and I was lucky to get a chair, I tell you. Just kidding. My response was just kidding, too. I'm Dick Murphy. I represent Anderson Communities, which is the developer of Townley Center right next door. And we have a little different perspective on this, but we reached the same conclusion that the neighbors who just spoke have raised. Just to give you an orientation on this plan, of course, here's Leastown Road, and here's the entrance into the Kroger Center off of Leastown Road. Now, Townley is located right to the, it looks like, north on this plan between Kroger and New Circle Road. As you all may recall, our main entrances would be off there. It's on where Townley Center Drive intersects Leestown Road, opposite a road coming in from Meadowthorne. When we did this, we, however, made a connection into the Kroger Shopping Center by this little roadway here. It's a private road. It's called Peabody Way, but it's a private road constructed by the developer of Townley Center, Anderson Communities, maintained by the Merchants Association. It's curb gutter and everything, but it's narrower than a public road. It's only two lanes. If somebody parked on it, it cuts it down to one lane. Now, we know they're relying upon the existence of that road to have the pumps because when I was at the subdivision committee last week, I said that we may have to interdict our private road if this is located right next to there because of the additional traffic load that would be put on this. Today they said that has to stay open, so we know that they're relying upon our private road to make this a viable feature of the Kroger Shopping Center. The problem we have is this. The pump station is right there. If you've fueled your car and you're deciding how to get out of there, you can see, you can eyeball two exits. You can eyeball this one here, which is the one out of Kroger, and you can also eyeball the one we have up at Townley Center. If you're going to go left, which probably most of the traffic will be, either going back to New Circle Road or going back out to the thousands of houses past New Circle and Masterson Station and McConnell's Trace and that sort of place. You're going to be wanting to turn a left. You're going to be very strongly tempted, instead of going out to the entrance here in front of Kroger, you're going to be strongly tempted to drive out here, turn a right on Townley Center, and line up to turn left at Least Town Road through our development. Our two lanes coming out do have left turn ability out of both left turn lanes. Right now, coming out of the Kroger Center, there's only one left turn lane here with the signal. We think at a very minimum, very minimum, there should be two lanes coming out of here, and the signal should be adjusted. We also feel that we're going to have to interdict the Peabody Way in order to make this work, because otherwise we're going to have a lot of traffic coming through. Our distance between Lee's Town Road and Sharky Way, where Town Center Drive is, is very limited. We're going to have people utilizing the fuel center coming through and backing up and gridlocking our exit out to Lee's Town Road. That's very important to us. It's very important not only to the merchants in Townley. As you know, it's a very mixed-use community. We have retail. We have restaurants. We have offices there. We have mixed-use development of two apartment complexes, townhouses, and single-family homes. They all use that, and it's going to harm the residents and the merchants out there if our exit point is gridlocked by the use of this. So we're going to have to probably interdict the Peabody Way, the private way right going there. As I said, the traffic signal here needs to be adjusted as well at a very minimum. Today they mentioned they'd done traffic studies three years ago. We have never seen those. It appears they have not taken into account the impact it's going to have on Peabody Way and Townley Center whatsoever. So for those reasons, we feel like at this point, this commission ought to turn this down. Before anything's done, we have to have it demonstrated that it's not going to gridlock the other entrance off-site, and we don't feel as well that we should have to build additional turn lanes on Townley Center in order to accommodate somebody's off-site development, which relies upon our private road system. So that's where we stand. We thank you very much. Thank you, Mr. Murphy. Mr. Penn, do you have a question? Mr. Murphy, if Leastown Road was four-lane past that, would you still have the same? We still have the same problem because really at our exit, Leastown is four lanes. Dennis had to pay for. I understand that. That's what I'm saying. If that four lane was extended out past your private lane that comes out of there, you'd still have the same problems. Yes, because there's still going to be the temptation. If you come our way, you miss a light. I mean, I hate to say that publicly, but you come out through us, you miss one light going up Leastown Road. Yeah. Thank you. Thank you. Ms. Planton? Mr. Murphy, have you had any conversations with the property owner up to this point? Have they engaged you at all and you can't come to an agreement? No, none at all. We just learned of this a week or two ago. And are there any other potential solutions such as prohibiting a left-hand turn from the gas station onto Peabody? Well, if there are, we haven't seen them. I mean, I think that's one reason that it should not be approved at this time because we haven't seen alternative solutions such as that. Ms. Mundy? I think my question is probably for staff. But I noticed under your approval recommendations, number six says, division of fires, approval of emergency access in fire hydrant locations. My question is, the location of those gas pumps are so close to county center's access there. If there were to be a fire, if those pumps were to catch on fire, would that not be prohibitive from fire trucks being able to get to it from that direction? You would only have one access. The staff's review of this, the technical committee did not raise any public safety concerns. Okay. Thank you. Any other questions? Yes, sir, Mr. Cornett? Can I respond? Yes, sir. I thought you might. Be as brief as possible. I will. I will be brief. I know traffic is a problem. I lived in Stonewall 16 years. Fought Clay's Mill now for 24 years every morning and every afternoon. So I've been through the Clay's Mill expansion. I've been through the Harrodsburg Double Diamond expansion. So I know what everybody complains about, but I don't think it is as bleak just in Metathorpe as it appears. The reference to Bryan Station, I appreciate him doing those counts, but Bryan Station is a 90,000-square-foot grocery store. This door, if it's expanded to this size, will be 60,000 square feet. You know, Mr. Penn will appreciate this. The access easement that Peabody sits in is a record-platted access easement that ties Townley Center to the shopping center that Kroger's in. To my understanding from reading the minutes from the zone change, that was at the request of the Sharkey property developer. Mr. Murphy kind of put words in my mouth. I don't think I said that the Peabody connection has to stay open. We did truck turn movements. We can get our trucks in and out of our shopping center. Our trucks are no larger that serve a fuel center as serve our store. So, in fact, the trucks are a little bit shorter. So they still have to make the circulation around. They can come in the main entrance to the Metathorpe Manor Shopping Center and back out the Metathorpe Manor. So it's not that that has to stay open. It is there as part of traffic control. You know, if this intersection at Townley Center can't handle the additional peak trips that Kroger's proposing for this little fuel center, then they have a lot of other vacant land in there that they propose to develop and have plans to develop. So what's going to happen when that gets developed, even if Kroger isn't built here? You know, we just feel like if it is as bad in metaphor that we're going to turn down a Kroger store expansion for 14,000 square feet more retail space and a 10 service point gas station. If traffic is so bad, there should be a ban, a moratorium on all building permits for new commercial development and development plan approvals for anything on the Leaves Town Corridor, if it's that bad. Thank you. Any questions? Ms. Beatty, yes. On the expansion, is it all or none? If the fuel area was not there, will Kroger go ahead and do the expansion to the current facility, or is this an all or none plan? Well, I think it all has to be weighed from a business standpoint. point uh you know they they bring up the expansion further out towards Masterson Station uh the connection from Georgetown Road over to Lees Town Road all of that has been brought up you know I don't know uh it may be that this store is just too small and you know if we can't expand I don't know if there's another place they might move the store to or I I really can't answer that I'm just engineer can we have can we have the Kroger representative answer that if possible can you answer that for us mr. Grisman is this an all-or-none development plan if will the expansion still occur with or without the fuel pumps? First let me comment on something that one of the neighbors said earlier that they would like to have me here when because I was here is that when they go there and they're out of certain items that is that's the main reason we want to expand the store the store is too small to operate and handle the volume that it currently handles. It has created for us inefficiencies in operation, resulting in, unfortunately, us being out of items that people are looking for. We get deliveries every day of the week at this store, and we're still struggling to keep products on the shelf, particular items, popular items people are looking for. That is the main reason we're attempting to expand the store. We have thought about it and considered the capital investment that we would undertake here and decided that this was the plan that we wanted to present, the fact that we would ask for approval of the fuel station and the expansion on the same plan and take it to market that way. Okay, thank you. Ms. Phillips. I had a question. If there's concern about sharing Peabody Road, if there's concern about Kroger traffic impacting Peabody, could Kroger potentially speak to the owner and the developer of the Sharkey property to do some sort of a shared maintenance? We'd be willing to entertain that. We'd also be willing to entertain the fact of adding another left turn lane out of the shopping center. We would need some consideration given to us on the landscape area because there is a considerable amount of landscaping there between the two drive lanes. But other than that, we would be open to adding a second turn lane to turn left out of the shopping center. Thank you. That answered one of my questions. Any other questions at this point? Okay. Yes, Mr. Wilson? I have one question, but it's, well, let me be clear about this. You said Kroger would be willing and open for some additional discussions. I've heard representatives from the neighborhood say that they are open and willing for some discussion. I guess my question is, why didn't you all get together before you came? Well, what Mr. Layton said was he said that they weren't invited, And I think that is slightly disingenuous. Kroger met with the Neighborhood Association numerous times. Our previous landlord and the new landlord have also met with them. I think that if the Neighborhood Association as a group had voted to decide that they wanted to oppose this, that they would have done so. and I don't think they were able to put together a coalition inside that group to do it, and I think that's why they're here independently. I may be wrong, but again, it's just disingenuous to say that they weren't invited. They knew about all of our plans. We've shared with them traffic studies, plans. We have offered to landscape areas on the opposite side of Leastown Road that are on the Neighborhood Association's property to alleviate their concerns, and we just got nowhere. Thank you, Mr. Layton. We could volleyball back and forth constantly. I think we've heard both sides at this point. Any other questions from commission members? If not, I'll close this part, open it up for any comments from the commission members and or motion. Ms. Blanton? You know, it looks to me, based on these e-mails, that an e-mail went out to neighborhood association members or some list of neighbors' e-mails, and there were maybe three or four against and three in support of. And, you know, I don't think we can get into micromanaging Kroger's business. They feel a fuel center is needed here. It complies with the restrictions and setbacks, and I think that we should approve this. Thank you. Any other comments? Ms. Phillips? We've been down this past before with the Chinnawe, and we concluded that these things can be ministerial unless there's a specific concern. And if you recall in the Chinnawe issue, there were setback issues. There were concerns about setback, and I don't know that we've really heard those concerns articulated today. I think setback issues have been definitely satisfied here. If I heard something, it was 400 feet. Am I correct, Mr. Taylor? Or even Mr. Taylor? There you are. Any setback issues here? No, this plan complies with all setback requirements. Okay, thank you. Anything else from the Commission? Ms. Plumlee? Yes, I feel just a little uncomfortable about the Townley situation. I feel like that Kroger and those people should have worked this out before we are sitting here listening. So that would be my comment on that. Thank you. Thank you. Anything else? If not, I'll entertain a motion. Ms. Beatty? Even if we make a motion and approve this, that does not prohibit Kroger from getting with the Townley Center and discussing a little bit more about Peabody Way. This does happen to be the Kroger that I shop at the most, and so I like this Kroger a lot. I do appreciate what the residents are saying about traffic, because traffic does get pretty hectic in that area. But I'm not opposed to the expansion. I think we could use that expansion at that particular Kroger. But my question has to do with this does not prohibit them from talking, and maybe even if they widen Peabody or make a left-hand turn, They can still continue this even if we approve the development. Is that – Chris, can you address that? Yeah, those are private discussions that the developer can have, the two developers can have at any time, independent of any action by the Division of Planning or Planning Commission. If they want to come back – if they agree to something and want to come back and alter the cross-section to Peabody, they would have to bring back an amended development plan for the portion of that access on the Sharkey property. but they can agree to share costs independently of us. Okay. Ms. Phillips? Chris, while you're there, isn't it also true that if the Sharkey property chooses to close that little road, then it would have to come back before us to get approved? That's correct. The Planning Commission would have to act on any change to that access agreement. Thank you. Mr. Wilson? Mr. Chairman, I was getting ready to make a motion. I think we're ready at this point. Well, let me say as a preference to the motion that certainly I appreciate the members of the community coming out and expressing their concerns about what's going on. But I have to say to the support of my other colleagues here that I think this is in the best interest of the city of Lexington, and I understand that that is not maybe satisfying the traffic issue. But in that case, I would like to move for approval of DP 2012-99, the Arcadia Investments, with the stipulations as presented by staff. Thank you. That would be with the eight requirements, conditions. Motion has been made for approval of DP 2012-99 with the eight conditions. Do I have a second? Second. Motion has been made and seconded. Please vote when he comes up on the screen. motion passes thank you sir thank you for the neighbors that came and spoke I hope everything works out well I'm going to call for a five minute break at this point we'll resume in about five minutes Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm sorry. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Our next item that we're going to hear is Hamburg East. It's on page 7, item 3G, Platt, and the development plan together. Mr. Martin. Mr. Chairman, members of the Commission, As stated on item 7 of your agenda, item G, DP 2012-103, Hamburg East Lot 2, is the development plan for this property. On page 3, there is a record plat that is also associated with this property as well. And that is item B, plan 2012-130F, Hamburg East, lots 2, 2A, 2B, and 2C as amended. Very quickly, I want to give you a big picture orientation to where we are. This is I-75 that you can see here. Oh, pardon me. I apologize. Normally I don't forget that. Here's I-75 right through here. Here's Man of War running this way intersecting with Winchester Road. Here's Polo Club Boulevard all through there. The site in particular that we're looking at is right there. the record plat that you see before you is proposing to subdivide the property into four lots this lot you see here 2A includes this portion here that comes out on Polo Club Boulevard two out lots this is a remnant lot of the CC but it also includes the TAER3 area that you see here as a part of that lot. It is not subject to any proposed development at this time. As you'll see on the development plan, the final development plan is for the area on the plat that you see here. Here is the proposed public street that is to serve this development. Again, coming off of Polo Club Boulevard, and here's its intersection with Manowar. I-75 is in this location. Stepping over to the development plan, again, they have different lot numbers, and that's just nomenclature on the DP to show the areas of development. The 2 is the parent tract number on the plat, so when we subdivide it, they go 2A, 2B, 2C, and that's strictly because that property already has been platted. So I don't want you to be concerned about the fact that this happens to be labeled Lot 1 for the purposes of the development plan. The outlots are also labeled separately, but they are reflected on the plat. Again, here's Manowar Boulevard. Here's Polo Club intersection. Of course, it runs that way and intersects with Winchester Road. Here's I-75 on the development plan. It is oriented the same as the record plat that you see. Here is the proposed local street to serve the development. This is a CC zone. The entire area is part of the zone, and you see this is a final development for the entire area. A CC zone, these developments are intended to work together and be coordinated and interconnect and kind of function as one. Here we have the Costco store, a little over 155,000 square feet. Here's the parking. You can see associated with it. There's well over 600 parking spaces. Here is their fuel station for the Costco. It is members only, by the way. No cash involved, they inform us, strictly members. They pull into this, this way, go through the pump station, or the pump's fueling station, and then they circulate out back into the circulation pattern that exists for the Costco. These are the two outlots. This is the mixed-use area that's really proposed for this CC. It proposes commercial on the first floor here, 35,000 square foot commercial here, And then there is residential on the second and third floor proposed along with residential townhouses, and that fulfills the requirement that the CC have a 40% residential square footage provided. Again, as you come in off the public street here, proposed public street off Polo Club, you have an access point here, an access point here, as well as access points into the mixed-use area of the CC. Back here, you have the access into the service area and the dock and the loading and unloading for Costco that you see in this area. The two outlots are proposing 8,000 square foot buildings with the associated parking. You can see that they're oriented to the street. That's one item of both big box and CC. You can see the mixed use, again, oriented more towards Polo Club Boulevard. They have internal features. This is a pedestrian area, for instance. There are sidewalks proposed throughout the area. Right here in this area, interesting enough, in the mixed use, they're proposing this to be open on the ground floor and bridged on the second and third floor. So you have open space in pedestrian areas and public space in this area, which is very much consistent with the CC requirements. And again, this is your TAEAR-3 area, and here, not highlighted on your development plan, but highlighted on the plat, is a floodplain and is also an area of stormwater management that I will address in your AMP report. the development plan was reviewed by your subdivision committee subject to the conditions that you see on your agenda there are very standard sign-off conditions for a development plan. There are also, as I stated before, several reports. There is a requirement that this body find that this plan is in compliance with the AMP report, as well as a big box guidelines that are a requirement. As you recall, when you amended the zoning ordinance to address the CC and allow a large store of this type, you also require them to meet the majority of the big box guidelines, so you will be presented that report as well. There are several cleanup conditions. There are not many, actually. Denote proposed easements. They have some easements on there. They are proposing an easement that you can see here that will serve the rear of these outlots, and that just needs to be indicated on the development plan. That's the primary shortcoming there. They will need to put exactions on their development plan. You can build off of a final development plan. It will be necessary that they place the appropriate exaction fees on this plan prior to certification. and then denote as a preliminary subdivision plan in the title. Again, you see a record plat there. They do intend to subdivide. They just need to amend this to include it as a preliminary subdivision plan as well as a final development plan. That's very standard in certain circumstances, especially in your expansion area. We have a few discussion items, and I'm going to skip number 15 because I'm going to come back to it briefly. And we'll start with 16, 17, and 18. 16 is discuss the proposed townhouse development and access. When this was initially filed, there was some concern about how this loop would function and this access point. They have adjusted the townhouses this way to remove a conflict with the floodplain, and they've added an access here for emergency service vehicles. So they have improved that access. Staff does have some concern that future integration of this area would probably happen through here, possibly through the parking in this area. So that was of some concern how that might function to allow future integration of the TA area. However, I believe that condition can now go away. The lighting proposed for the canopy and stores was an initial concern prior to a full evaluation of the elevations that you have here that are part of your big box report. We were somewhat concerned, as we have been in the past, about lighting around a gas canopy and that sort of thing, particularly relative to residential development, which, of course, has not occurred. Again, I think staff, through their big box report, were now comfortable that that condition can go away as well. And that leads us to the last condition, which is discuss interior pedestrian system and outdoor amenities. Pedestrian connections are very important to the CC and are called for in the CC. They are also important to your big box. So you kind of have two things that are working together on this plan. Now, they do have sidewalks shown in a lot of locations, and you can see a connection here to serve Costco as well and a connection here. We have sidewalks shown here along the public street. They have been shown here. they could probably tweak this plan show some crosswalks and show a few little additions here and there that would improve this plan but overall we're much more comfortable with the pedestrian connections that do exist the shortcomings on this plan for pedestrian facilities will be addressed through your big box report there are some features of pedestrian features that do need to be added to this plan. And again, Mr. Sally will cover those with the big box report. And last, condition 15, discuss proposed location right in, right out. For Outlot 3 right here, they were proposing a right in, right out. Planning staff in traffic have expressed serious concerns about the distance here and the spacing. It's not good. frankly. We met with them yesterday, late yesterday afternoon. They've agreed to remove that. That was part of an overall discussion that covered some necessary improvements to this local street. Improvements were discussed along Manowar and Polo Club Boulevard, various traffic improvements and when they were needed and that sort of thing. Staff has come to an agreement with them. They did submit a note late today. In fact, it was after 12 when we got a note. We don't have a big problem with the note, but certainly would not want to have you all pass judgment on the adequacy of that note at this time. It does express very much, though, the spirit of the agreement that staff has reached with the developer in addressing overall traffic impacts related to this property. The key issue that was resolved is the applicant has agreed to put up $150,000 to provide a stoplight at this location, and that was an important consideration. So $15,000 can go away because they have agreed to remove that right in and right out. Now, I will move to your EAMP compliance report, and that has been handed out to you. Mr. Martin, excuse me, before you get ahead, let me ask you, as far as the write-in, write-out, it's still shown on the plan. How are we going to make sure that that's addressed? Do we have a note? Do we need a note? Do we need a condition? They've agreed to take it off the plan, and it was part of the note that we received at noon to addressing it. So I have no doubt that yes. Okay, thank you. The AMP compliance report has been handed out to you. It is white, like your waiver report, so you may have to dig through to find it. It is required under your expansion area zoning ordinance. There are three major EAMP infrastructure items that are associated with this plan, as well as some community design element and design feature criteria. They have to address in the report their future land use element. Well, again, the proposal that you see before you proposes those acceptable uses within your CC zone. So they are addressing the future land use that is called for in the CC zone. There are design features and criteria that are important. I touched on some of those briefly. They have addressed those. There's a 48-foot height requirement limit on the buildings. That is one of the restrictions that they have in place. Forty percent, as I mentioned, of the aggregated floor area of the CC has to be residential. They slightly exceed that with actually over 160,000 square feet of residential proposed between the townhouses and the mixed-use residential. So they have met that requirement. The parking is located well in relationship to the streets. There is some parking, as you can see, obviously, that is related to the local street that serves this development. That is relatively rare in a CC, but again, this is a large CC area. So they have met the spirit, staff believes, of that design criteria. They are also providing bicycle facilities and, as I stated before, pedestrian connections and open space as well. So the design features, we believe they've met the spirit of the EAMP requirements. This area also is a well-defined neighborhood. It's defined by Polo Club Boulevard and the physical features of the creek and the drainage that runs through there, as well as man of war, that is something the AMP encourages, is that you have well-defined neighborhoods, and that applies very much to the CC as well as a residential area within our expansion areas. The infrastructure element. You have, as I stated, three elements of infrastructure required by your AMP that are associated here. Number one, Polo Club Boulevard. It is the collector street. It's on the AMP plan. It has been built. It's open from Manowar all the way to Winchester. Another item that is required under the AMP is a trunk sewer that serves the AMP area too, the trunk sewer. That has been constructed through the property. In fact, I believe it goes under Winchester Road at this point. The third item is the drainage area here. here, and this is identified on the stormwater management plan as detention. When they built Polo Club, Polo Club, in effect, became the dam for that. So they have actually done improvements through this area, and this is the detention part of the regional detention system that is called for in the AMP. So they've addressed those items of infrastructure on the AMP. Now, there is one slight little remaining aspect, and that is there is a regional pump station that is required. That pump station is past the design stage and going to be under construction and hopefully completed in 2013. It's located across Winchester Road, close to the Polo Club Winchester Road area. And you all may recall we've had that discussion before about that. But that is going to be under construction very soon. And they have met with water quality. They have addressed that issue in terms of timing, going so far as to reach an agreement, staff understands, and I'm sure they'll be happy to elaborate on it, that they will provide temporary storage, if necessary, of the sanitary sewer until such time as they can hook into the regional pump station. Now, that's the DP, the AMP report. Mr. Sally will address the big box for you shortly, and the pump station does lead me into a discussion on your waiver on the record plat. And again, that's been handed out to you. It is in white like the AMP. Perhaps we should have color-coded these for you. I know there's a lot of paper. However, the waiver request associated with the plat governs two required items under your subdivision regulations, and that's public infrastructure. One, the construction of the proposed local street, and two, to provide sewer to the property. One aspect of developing this property that has to be done is they're going to have to build about 1,800 feet of gravity sewer to serve these lots. They would like to coordinate that construction, along with the public street construction, with the overall site construction for Costco. You all have received several requests lately for waivers to allow that sort of coordination of site improvements along with public improvements, and particularly with a large construction project such as this, staff believes that's a reasonable request. By approving this plat with the waiver, you will, of course, allow them to go to record, allow the property to be transferred, and then they can proceed with their construction and with the public improvements as well. Again, staff has handed out the waiver request, and we are recommending approval. There is one recommendation on that waiver, and that is to note on this plan that no certificate of occupancy will be issued on the lots until such time as the public street has been constructed and accepted by the Division of Engineering in compliance with the manuals, as well as the acceptance of the sanitary sewer to the Division of Engineering and the Division of Water Quality. So again, once those things are completed, they can proceed with their construction, build the buildings, but they will not be allowed to occupy it until those public infrastructure issues are in place and obviously ready for use. So staff, again, is recommending approval of the plan. Along with the AMP report, we are recommending approval of it as well. And on the waiver for the record plat, again, we are recommending approval of the waiver. And if you have any questions for me, I'll be happy to answer them. Ms. Plumlee? Yes, last week there was a bus stop. Is it still there? A bus stop? I'm not sure if it is. I'm sure if it was there, it will be there. You mean on the elevation or in reality? On the plan. Oh, on the plan? No, ma'am. They discussed that. We haven't received that revision. That's one of the items on the big box review that Mr. Sally will address. Other questions for Mr. Martin? Thank you, sir. Thank you. Mr. Salley. Thank you, Mr. Chairman. If I could refer you to the development plan again, that's DP 2012-103. The staff's report on compliance with the big box guidelines relates directly to condition number 10 that you see on that listing. As Mr. Martin mentioned, we have prepared for you a three-page staff report. Unfortunately, it is also on white paper, but it is entitled. does have the name and number of the Hamburg East Lot 2 development. In preparing this report, the staff has reviewed three items submitted by the applicant. The first is this set of elevations, which covers all four sides of the proposed Costco store of 155,000 square feet. It includes these renderings of three of the four sides of the building, not necessarily the service entrance side. And it also includes a landscaping plan for the site. Sorry, I thought we had that here. Here it is. Which also includes the two frontages along the I-75 on-ramp, the Manowar Boulevard frontage, and the small portion of frontage along Polo Club where the fuel station is proposed. So these are the items that the staff has reviewed in preparing this report. I'd like to spend just a couple of minutes talking about the 13 big box guidelines that are applicable to this store since it is located in a CC zone. In many of our other zones, all 15 guidelines are applicable but not in the CC zone. There is a requirement that the store be prevent long, uninterrupted walls. That is primarily met through this plan through offsets and insets in the building wall, also with the use of canopies as well. Building heights have to be varied, and they are meeting that guideline through the use of raised parapet walls throughout the development. There are different concrete block and textures in the wall, again, to break the massing of the large, long walls in the big box store. Condition number four regarding the customer service entrance, that is probably the strongest element of this plan that is being complied with. The customer service entrance is on a corner of the development. It is not two separate entrances, but one that will be clearly visible from both facades of the building that are visible from the off-street parking. So customers coming to this store will clearly know where to enter the building and where they can expect to exit it as well. Loading docks must be screened according to the big box guidelines. However, no berms are required in the CC zone. The landscaping plan does demonstrate that they will screen the development from the on-ramp to I-75 in the rear part of the store here. They also, as you can see from the development plan, have a lot of open space area that they can devote to additional screening if the need should arise. There is a small amount of tree line screening along that fence line currently. Our expectation would be they would utilize that and then augment it as necessary. Sidewalks are required along building walls that have a customer service entrance. On this plan, they are proposing that along the two sides where the customer entrance is proposed. Guidelines number 10 and 11 deal with pedestrian-oriented amenities. And as Mr. Martin told you, those have not been met on this development plan, and I'll come back to that in just a moment. The parking lot has been designed so that customers parking their cars will walk parallel to the drive aisles to get to the store. That guideline is met. Also, walkways and sidewalks must be covered at the customer service entrances. As you can see here, there will be coverings where citizens come in and go out of the store. Finally, there is a bike rack proposed near the customer service entrance. On the top of page 3 of the staff report, we have prepared for your consideration a conclusion of our review of this information, and that is that the development plan and elevations submitted do demonstrate considerable compliance with the adopted guidelines, with the exception of number 10. And the staff's recommendation is for approval of the big box design guidelines portion of the development plan with five conditions, Basically, these are five revisions that the staff is recommending. Those are items A through E on page 10. That is that the development plan clearly identify and label alternative surfaces for pedestrian walkways serving the front entrance of the store. Secondly, that two pedestrian amenities be provided on the development, one of which could include the bus stop that was previously mentioned last week. The third is that the canopies in the front of the store be clearly labeled on the plan. Fourth, item D, to identify the sidewalks along the store front. And then E, a fifth condition, to provide a walkway along the fueling station to provide pedestrian access directly to Polo Club Boulevard. These items, A through E, can be added to the other 14 conditions that appear on your agenda after removing all of the discussion items. and the conclusion that's at the top of page 3 can serve to meet the necessary finding for condition number 10 that appears on your agenda. That concludes my remarks. I'll be glad to answer any questions from the Commission at this time. Questions for Mr. Selle? Mr. Selle? Yes, sir. In doing so, are you saying that we should take these five conditions off the big box and add them to the development plan? or just cover them with the big box guidelines? These five, A through E, if you were to add them to the other 14 remaining on the agenda, would help this plan better meet all of the design guidelines. Okay. Thank you. Any other questions for Mr. Selle? If not, thank you, sir. Thank you very much. Applicant, please. Thank you, Mr. Chairman. My name is Ben Edlin. I'm with HDR Engineers representing applicants. With me today is Pat Madden with Hamburg Place and Jack Frank with Costco. We think that Tom and Bill have done a great job of outlining the site. We would just want to address a couple of things just to clarify where there were some questions. First of all, on the bus stop that we did talk about the other day, it will be located in this area we have been talking with lextran and they are in agreement that that would be a good spot for it it doesn't show up on this plan it's something that we will have for final sign off and i think bill's conditions on there will will be able to work with the staff to get that located and in the plan so that that is something we will do and i think everything else i don't think there's anything else as far as most of the plan i think uh mr frank would like to come up and just spend just a couple of minutes talking about the costco site i think there was a just a couple of questions on pedestrian access and so forth. He'll be very brief and we'll move on. Thank you, Mr. Eadlin. Thank you, Mr. Chairman, members of the Planning Commission. My name is Jackie Frank with Costco Wholesale. First, I want to extend my appreciation for the professionalism and courtesy that we've been shown by your staff, and we greatly appreciate it. A couple things. We read your big box ordinance very carefully and we take it very seriously, and I wanted you to understand that we're either meeting the letter of or certainly the spirit of the ordinance in our design development. Pedestrian amenities are important. The degree of connectivity that we've worked into the plan, both to Man of War, to Polo Club, and to the future development has been done very carefully. One of the ideas that came up last week in the subdivision committee meeting was a subcommittee meeting was the notion of a pedestrian plaza that would have some enhanced paving, scored concrete, and some bench areas. and we have incorporated that into our site plan central to the site, adjacent to the entrance, and also near to where the transit stop would be planned. So we have sidewalks, we have a pedestrian plaza with scored concrete and pedestrian benches, and then we also have the accessible routes and sidewalks into and through the site. Additionally, as it relates to landscaping, one of my mandates directly from our CEO is to not only meet but to exceed the city's landscape requirements. And we do that through greater density, larger caliper species, and taller plant material than what you would normally require. That is a very important aspect of our design, and we incorporate that into our facilities. We mentioned canopy lighting. The canopy lighting has been integrated into the suspended trellises, so it's concealed. The light sources are concealed. But another area with regards to lighting that you can take comfort in is the fact that we do very thorough photometrics and use cutoff shields at our parking lot lighting standards. So by the time you get to the perimeter of the site, you're basically at zero foot candles with no visible lamp sources. So with that, I wanted to just offer those clarifications. Thank you for the opportunity to present to you and let you know I'm available for any questions if you have them. Thank you, Mr. Frank. Any questions for Mr. Frank or Mr. Eadlin? No. Thank you, sir. Anyone else in the audience wish to speak in regards to this application? Yes, sir. My name is Larry Ridenour. I'm a member of the Glen Eagles Homeowners Association, which lies directly across the south of Manowar. We appreciate the fact that Hamburg Realty and Costco and the city came before our homeowners association. and made a presentation and supplied us with ample drawings so that we could analyze this project. I've been authorized by our board to speak in favor of this project. However, I have just two comments that I would like to read into the record. One, that the intersection of Manowar and Polo Club, we would like to make sure that the state, I know that Manowar is a state road, and that Polo Club, that the intersection of traffic design be looked at carefully to make sure that this becomes a really efficient intersection. We understand that our life in that area is going to change quite a bit, but we think that the highest level of traffic design should be done at that location. Secondly, we think that it's been my experience over the last eight years in going to the Hamburg development that there was too much parking, even at Christmas. There's such a vast sea of parking, and when I mentioned this to city planning, they said they have reduced the ratio of parking spaces to retail space, and I think that's a good step in the right direction. However, also the fact that this impacts on our storm water management goals and objectives. However, I understand that in this case and some other cases that these big box stores require that amount of parking. And I just would like to see that reduced to the level that the city recommends. Thank you for your time. Thank you, Mr. Ratner. Mr. Martin, would you be able to comment on the two statements that Mr. Ratner made? I'm sure traffic will be looking at Polo Club and Men of War on a regular basis as far as stormwater. And I might add, in our discussion that we had yesterday, there was considerable discussion about Manowar Polo Club, future requirements, lane improvements, the need for lights relative to I-75 interchange and Manowar traffic and Polo Club. So it's very much on everybody's radar, and it was part of the overall discussion. Okay. Thank you. Any other, anybody else in the audience wish to speak? Any questions from the Planning Commission? If not, I'm going to close this part of the hearing, open it up for comments, questions from the Planning Commission and or motions. Yes, Ms. Phillips. I wanted to ask staff a question, if I could, with respect to the parking, because this is the first time I've seen this plan. And it does seem, I agree with Mr. Ridenour with respect to the parking, it does seem like there's an awful lot of parking. and I'm concerned with the adjacency to the floodway and the storm drain system. Do we have any accommodations for pervious paving in the parking area that we could potentially reduce the volume of stormwater? They will be required to meet whatever water quality features are applicable in this area. That may be permeable pavers. It may be other features. I mean, it varies. and they have a menu of best management practices that they can utilize, again, depending on what the site dictates. Also, with respect to parking, do we have a maximum? I know we have a maximum number of parking spaces in other parts of town. Do we out here? We do not. No, it has been discussed, but we have yet to develop a maximum. Thank you. Ms. Roth-Phillips, we only have maximums in the defined infill and refill. Infill, right. Any other comments or questions from the Planning Commission? If not, what we have is a subdivision plat that we need to address first with a waiver. And as we have done already today, a motion can be made to include the waiver in its findings. Mr. Penn? Yes, sir. I'll take a stab at this. Mr. Chairman, I'd like to move to approval of Plan 2012-130F, granting the waiver of the SUDLANDSID Division regulations. Thank you. Do we have a second? Motion has been made and seconded by Mr. Brewer for approval of Plan 2012-130L, including recognizing the waiver and their reasonings. Mr. Chairman, I probably ought to say with the 10 conditions and granting the waiver a number 11. Yes, sir. Motion has been made and seconded. Please vote when it comes up on the screen. Motion passes. Next, we would have the development plan, which is DP 2012-103. With that, we could include, we can include, in addition to the development plan, the EAMP compliance report, as well as the big box guidelines compliance. I believe Mr. Salley did ask that we show the current 14 conditions on the agenda under the development plan, adding the five conditions from the big box guidelines. Mr. Chairman, I move approval of DP 2012-103, acknowledging the EAMP's compliance report. And on the big box guidelines, adding from number 14, adding the five findings on the big box guidelines to include 19 conditions on the development plan. Thank you. Motion's been made by Mr. Penn, seconded by Mr. Brewer for approval of DP 2012-103. Please vote when he comes up on the screen. Excuse me. Motion passes. Thank you, folks. Mr. Sally, Mr. Martin, I think we did cover all the items on that, didn't we? There were several. Thank you. Thank you, folks. The next item on the agenda is we're still in Hamburg. It's Hamburg Place Farm, page 8, item 3K. It is a plat and a development plan. I would add that both of them do have revised recommendations. The Platte 2012-134L, the revisions on a pink sheet, and the development plan, the revisions are on a green sheet. All right. Mr. Stagler, the next item on your agenda is at the bottom of page 4 under item F. It's plan 2012-134F, Hamburg Place Farm, Sir Barton Office Park, phase 2, lots 18A through 18C, as well as on page 8 under item K, DP 2012-107, Hamburg Place Farm, Sir Barton Office Park, phase 2, lot 18. This is an amended final development plan and a final record plat for property located at 2540 Sir Barton Way. This is Sir Barton Way in the interstate. The Walmart and Lowe's development plan sits right over here. This development plan proposes a 4,000 square foot branch bank and 30 associated parking spaces with access off of an access easement, Sanford Way, in this area. It is a private access easement. The record plat requests subdivision of the overall lot into two lots, creating the lot for the branch bank, as well as the creation of the access easement shown here. The subdivision committee recommended postponement at its last meeting regarding the termination of the proposed public street. At the time the subdivision committee saw this plan, Sanford Way was indicated to be a public street connecting all the way to the Walmart Shopping Center development. That connection is constructed on this development plan and has been shown as an off-site connection for future development in this area. What the applicant brought back, well, initially was a public street that proposed a termination of the public street stubbing into the property. that would have required a waiver. The applicant, instead of choosing to submit a waiver, gave us a revised plan indicating that this would be a private access easement, constructing what they need at this time, and delaying the decision on the rest of the connection, and whether it's public or private, to a later decision when they know what more is planned for this remaining lot. It's our understanding that the applicant does wish to construct that access easement in conformance with the standards for a public street, so that at a later time they could ask possibly for it to be dedicated, as well as any waiver that might be necessary would be requested at that time. The record plat on the pink sheet has revised conditions reflecting the revisions that you see. There are ten conditions, number ten being the remaining item, which is to resolve improvements necessary to Sir Barton Way for the new street. The primary concern at the time they were showing a public street was the need for right turn off of Sir Barton into the Sanford Way in the event that this does connect on into the Walmart Shopping Center. The applicant has shown on the development plan the right turn improvement in the median of Sir Barton. The resolution of that item could perhaps be done with a note or a cross-section indicating that as such on the record plat. On the development plan, which is on the green sheet, The revised recommendation eliminates two conditions, leaving just eight conditions, including to resolve the landscaping and the maintenance of the shared access with Lot 17. When this development was done for the university on this lot, an access easement was set up on the property line in the event that this lot wanted to be served by the same access. This applicant does not wish to have any reciprocal access with this lot. They are proposing to leave it shared. The staff's concern is a maintenance and landscaping of that access easement. But with that, I'd be happy to answer any questions you might have. Any questions for Mr. Taylor on either the plat or the development plan? No. Thank you, sir. Mr. Carter? Good afternoon. Matt Carter with Vision Engineering. We are in agreement with the conditions set forth for the Platte and the development plan. We would like to go on record stating that the Samford Way will be constructed to a public typical section, and it will be designed and construction meeting all public requirements. And at some time in the future, we would be coming back in front of you, looking to get that as a public right-of-way and asking for the waiver on the termination. Okay. Thank you, sir. Any questions for Mr. Carter? Thank you. Anyone else in the audience wish to speak on this plan? Seeing none, I'll close this part of the hearing and open it up for comments or a motion. We'll take the subdivision flat first, Plan 2012-134F, with revisions on the pink sheet. Ms. Blanton, I'm sorry. Move approval of Plan 2012-134F with the ten conditions outlined by staff. Thank you. Do we have a second? Second. Motion has been made and seconded by Ms. Mundy for approval. Please vote when it comes up on the screen. And then also we need a motion for the development plan. Move approval of DP 2012-107 with the eight conditions outlined by staff. Thank you. Motion has been made by Ms. Blanton and seconded by Ms. Mundy for approval. Please vote when it comes up on the screen. That motion passes. Thank you. Thank you. We are moving through this. I appreciate everyone's patience. We have two small items. I think that's been told we'll just take a minute. We've got Coldstream Research Campus, a re-approval at Unit A, page 9, item 3-0 on the agenda. Thank you. Mr. Martin. Mr. Chairman, members of the Planning Commission, this is item O on page 9 of your agenda. DP 97-20 Coldstream Research Campus, Unit 1A, Lots 17 and 18. This is an item that is on your agenda for reapproval. It is located out in the Coldstream Research area. This is Bull Lee Road at this location with citation. It is an area proposed. It's P2. These are buildings, professional office buildings, research buildings that are proposed on this plan with associated parking, again, that you can see depicted here on the development plan. And it has been recommended for approval by your staff subject to the conditions that you see on your agenda. We added several new conditions, as you can see on the top of page 10, a reapproval. And these are things that reflect changes in some of our rules and regulations since 1997. And I would briefly add that we have discussed with the client a fourth condition that I would like to add verbally, that they update their stormwater notes on this plan per those notes that are currently approved on all the Coldstream plans. We have several Coldstream plans that have come in more recently, the last few years, and we've had to amend some of the notes relative to our new standards and the new way that things are done. I had that discussion with the applicant's representative earlier today. They had a conflict, and I don't believe they are present, but I did want to inform the commission that they were aware of these conditions and had also discussed the stormwater note issue with staff. And with that, we are recommending reapproval of this plan. Any questions for Mr. Martin? I will take note also that the applicant did have a conflict and did leave, and she did convey to me that she was in agreement. Anyone else in the audience wish to speak on this plan? Seeing none, I'll close it and open it up for a motion. Mr. Brewer? I'd like to move for approval of DP 97-20 Coldstream, including the three conditions on the agenda plus a fourth added to update the stormwater designations. Designations notes. How do you want that, Tom? We would like to have them correct the stormwater notes to match those that are currently approved. As Tom stated. Yes, sir. Motion has been made and seconded for reapproval of DP 97-20. Please vote when it comes up on the screen. Motion passes. Thank you. We do have one other re-approval. It's NDC, Unit 1A, page 10, Item 3, P. Ms. Gold. Good afternoon. We are on page 10. We are looking at DP 2006-119, NDC, Unit 1A. This property here, this development plan, was originally approved in September of 2006, and the development plan was signed in November of 2006. They have come back in and would like to get a permit, a building permit, to add the additional building to the east side of the Myers building. We're on Reynolds Road at Ruscio Way. There was a vacant lot right here. They've come in and want to add this building to the property. Because the plan was signed longer than five years ago, you have to have your permits pulled from the date of approval. So now they're back in to get this plan re-approved. There are 16 conditions. There is one condition that we need to revise for building inspections approval of landscape and landscape buffers. Other than that, we recommend re-approval. Thank you. Any questions, Ms. Cald? No. Captain, in agreement? In agreement, yes. Your name, sir? Tom Lambden with Midwest Engineering. And, yes, we are in agreement, and we just ask approval. and I would be happy to answer questions if you have any. Thank you, Tom. Any questions? Nope. Thank you. Anyone else in the audience wish to speak on this plan? Seeing none, I'll entertain a motion. Mr. Brewer. I'd like to move for re-approval of DP 2006 to S-119 with the change suggested by staff to number three. Thank you. The motion has been made and seconded by Mr. Wilson for re-approval of DP 2006-119. Please vote when it comes up on the screen. Motion passes. Thank you. We have taken care of the performance bonds of letter of credit. Next would be a zoning item. It's Anderson Campus, MARV 2012-19. We do have a map revision. We have a variance. And we have a zoning development plan here. Let's see. Good afternoon, members of the Commission and Chairman Owens. This item is found on page 11 of your agenda. It's item 2A, and it's in tab 4 of your notebooks. It's MARV 2012-19, a request by Anderson Campus Rental Properties, LLC. The applicant is requesting a zone change to rezone 12 parcels from a single-family R1D residential zone to a high-density apartment R4 zone. The properties comprise approximately two acres of land, and they are located at 116, 118 Simpson Avenue, and then 1100 through 1110 Prospect Avenue on both sides of Prospect, and the rear portion of 101 and 103 Burley Avenue. The area is currently R1D zoning, and our map doesn't reflect a recent zone change, but their properties that front onto Burley were recently rezoned to R1T, which is our townhouse residential zone. The rest of this neighborhood, which is commonly referred to as the American Avenue area, is R1D zoning, with the exception of to the north of Simpson Avenue, and that area has an apartment complex, University Village, and it's R4 zoning. To the other side of the Norfolk Southern Railroad, we have R2 zoning closer to the University of Kentucky campus. And then to the southwest is Broadway and Virginia Avenue. Those are probably the landmarks. Typically, access into the neighborhood is on Simpson Avenue or Burley Avenue or through export from Virginia. As I mentioned, this is mostly a single-family residential area, with the exception of the University Village Apartments along Simpson Avenue there. Prospect Avenue is one of the cross streets that you can see in this view, and it connects Burley and Simpson Avenues. This aerial does show the University of Village apartments to the north, as well as the subject parcels which front onto Prospect Avenue, the two parcels that front onto Simpson Avenue, and then the rear portion of the two parcels on Burley. as I noted earlier there is an area just to the south that was recently rezoned to an R1T zone and that is relevant as the applicant is proposing a development that incorporates those townhouse and single-family residents residences that were remaining and also incorporates the University Village apartments to the north. So this area would be what I would consider an infill area between the two developments, the Burley Avenue townhouses and single family and then the University Village to the north. The applicant on the 12 parcels that comprise the subject property there is planning to construct 78 dwelling units for a total of 108 bedrooms. And those Most can be broken down into 72 apartments and six townhouses. And I will just clarify, and I'm sure Mr. Martin will as well, the area that we're considering for a zone change is not the complete area of the development plan. The development plan actually covers a larger area. So the number of units he'll discuss will be beyond what I'm mentioning. The comprehensive plan for this area does call for medium density residential land use, as well as green space for the portions of the two Burley Avenue parcels. And as you may remember from the recent zone change, this area is also part of what was studied as the South Broadway Corridor Plan. That plan was adopted in 1990, and there were several recommendations that came forward that were relevant to this area specifically. Recommendation 13 called for establishing a buffer along the railroad tracks to help mitigate noise, vibration, and dust associated with the train travel. Recommendation 14 also called for properties in the area to be redeveloped as medium density residential due to structural conditions of most of the buildings. And then Recommendation 35 suggested addressing some stormwater issues that were along the railroad tracks. And those from the topography are the rear portion of these two burly parcels are the low-lying area, as well as a portion of the University Village apartments. And some of the drainage issues were addressed when the University Village apartments were developed. but that remains a low-lying area with a detention basin currently. The 1996 Comprehensive Plan did adopt and bring forward those recommendations, and in 2007 our Comprehensive Plan still shows similar recommendations in terms of green space and medium density for these properties. lease. The 2007 comprehensive plan would limit the density of those properties to medium density, which is up to 10 units per acre. But with the area proposed for rezoning, the applicant is proposing 39.5 dwelling units per acre on the property. So it cannot be considered in agreement with our comprehensive plan at this time. But in terms of evaluating the zone change, the staff did look at both appropriateness and whether there had been an economic, physical, or social change in the immediate area. And we did find that in the rezoning that recently occurred, that did create a physical or economic change to the immediate area that was not anticipated by our 2007 comprehensive plan, and that would justify some zone change. We'll mention that currently, or in the 2007 comprehensive plan, there's sort of a line there of land use between the high density of the apartments on the north side of Simpson and the medium density of the single family on the south side of Simpson Avenue. When the zone change was brought in and approved along Burley, that jumped over what is considered a single family residential area. So moving the land use buffer or boundary to include the area along Burley did make sense to the staff in terms of this rezoning. So not only did we consider there to be a change in the immediate area, the staff also considered the proposal to be appropriate. it. The petitioner is proposing to keep residential land use in this area, which is similar to what the comprehensive plan suggests. Additionally, they are proposing transition areas between or putting the highest density next to the railroad tracks and the lower densities as a step down next to the townhouses or single family units. In addition, they are planning to incorporate the parking lot along Burley, which was in the rear of the units. Staff expressed some concern earlier with that rezoning that traffic would be utilizing Burley Avenue and going through the neighborhood, through the single-family residential area, with the applicant's proposal to close Prospect Avenue and Simpson Avenue, or a portion of Simpson Avenue. This would move traffic to Simpson, which is already a higher used local street, and remove the traffic and parking from Burley Avenue. And the staff felt that was a positive as well. And then lastly, the R4 zone that they're proposing is compatible with the adjacent University Village apartments that are already in existence. And so for these reasons, the staff did conclude that the zone change was appropriate at this location and did recommend approval to the zoning committee. Last week, the zoning committee, when they met, they also recommended approval of this zone change. I'd be happy to answer any questions. And as Chairman Owens mentioned, there's also a variance report with this request. Thank you. Any questions for Ms. Wade? Thank you, Ms. Wayne. Jimmy? No? Tom. Yes, sir. You ready? This is the ZDP next. Mr. Chairman, members of the Commission, the ZDP that is associated with this zone change is located at the bottom of page 12, item C. ZDP 2012-110 South Broadway Place and Lynn Grove Edition. This is a preliminary development plan that you see before you today. This is an interesting plan in the sense that what you see before you is a preliminary development plan, but yet it overlaps an existing area that's already zoned that is governed by a final development plan and then, of course, the townhouse area along Burley. The intent is to incorporate all this into an overall plan. The pink that you see here we outlined is the actual area of the zone change. We used pink in honor of Ms. Wade's second child. It's going to be a little girl. Very good. The area with the proposed apartment buildings, again, is nestled back next to Norfolk Southern Railroad. You can see Simpson Avenue as it comes into the development and will terminate at this point. Here is Fern Avenue, and here's Burley, again, with prospect that is proposed to be closed with this development. This building is being added to the existing R4. It's five stories. Here are townhouses they're proposing in this area, again, on the existing R4 area. You can see how they're proposing to bring in Simpson to extend it here and to serve as parking and access to the development. They're providing access and additional parking in here to serve the development. as you move through this parking, and you can see it here, associated with these three apartment buildings, and these are three-story buildings in this location, and again, townhouses proposed at this location. They're tying this in to the Burley Avenue townhouses here and here. You may recall there was a circulation pattern through Burley that put traffic out onto Prospect and onto Burley. They're only going to maintain a one-way entrance. here. So this traffic will move back through the proposed development and out to Simpson. This is the pedestrian bridge that they are proposing to serve this development across the railroad to UK. The plan was reviewed by your subdivision committee, subject to the conditions that you see on your agenda. As Ms. Wade stated, they are proposing 72 new units in the area that they are asking for the zone change. In the area that they are amending, they're adding 26 units, including apartments and six townhouses that are indicated to you. And then, of course, the Burley area is 15 townhouses. the applicant should you pass the zone change at the time of the final development plan will have to request a waiver of the termination of simpson avenue into this property and again you all seen several of those requests last few years when you transition from public into a multi-family development or commercial development again they are also requesting the closure of prospect that will be required prior to a certification of a final development plan. They will also, on this plan, we're asking that they denote compliance with Article 18 zoning requirements. There are only a couple of areas where it applies. Next to the R1C in this area, you can see we'd like it clearly denoted. There's room. They need to clearly denote compliance with that. And then there's a lot of growth and all that along the railroad, but they're actually required to meet Article 18 along this zone line as well in this area. Now, there's another item that you'll see on your agenda called resolve the proposed underground detention at the time of a final development plan. We have outlined this area in blue. the applicant is proposing in this area and as Ms. Wade stated there's a lot of drainage that flows into here and it's a large detention basin they are proposing a very large underground detention area these are being used more and more often you've seen them on several plans this one is of significant size that will have to be resolved at the design phase on the final development plan It is staff's understanding that they have already engaged in some conversations with water quality and engineering as well to discuss how this will function. They are an option that's allowed under our manuals. And our detention basins, whether they're underground, above ground, et cetera, they're inspected once a year by engineering staff to be sure that they are functioning correctly. And again, that is an item that will have to be addressed at the time that they bring the final development plan back to you all for your review and approval. And last but not least, we have a resolved proposed townhouse lotting on a private street. This was a small matter that staff initially expressed a little concern about lotting that was proposed, and they revised the plan and brought it into us without the lotting, and staff realized that we created a problem with that recommendation that would require an additional variance, and it certainly wasn't our intent for them to have to do that. So they need to resolve that, and that can be easily resolved by adding it back on this plan. And, again, at the time of the final development plan, it can be a preliminary subdivision plan. and we can address the appropriate waivers and those issues at that time. There is associated with this final development plan a variance that Mr. Emmons is going to discuss with you, and I'll just briefly show you that it is along this boundary with this building along with the Burley R1T. And with that, I'll be happy to answer any questions you may have. Any questions for Mr. Martin at this point? Thank you, sir. Thank you. Mr. Emmons. Thank you, Mr. Chairman, members of the board. I think Tom did call this a final development plan. It is a preliminary development plan. Just wanted to get that on the record there. The variance for the subject property is actually a variance requested to the project exterior yard for a group residential project along one property boundary. If we can show my exhibit, I think I can explain the requested variance very quickly. Anyway, where it comes is, whoa, okay, I believe it's set. The requested variance is to the project exterior yard to the group residential project, and the group residential project is essentially defined by the red dashed line. A project exterior yard for a group residential project, it's essentially your side yard and rear yard requirements in an apartment complex or a townhouse complex. That is generally required to be either the height of the building or 20 feet, whichever is less. In this particular case, one of the proposed apartment buildings is closer than 20 feet to the edge of the group residential project boundary. However, the applicant is proposing a unique blend of single-family homes, townhouses, and apartment buildings, all as one unified development plan for the subject property. If it were not for the three single-family detached housing units that are on Burley Avenue that are zoned R1T, the boundary of this group residential project could have very easily have been brought down to come along Burley Avenue, and a variance would not have been required in this instance. In this particular instance, because of the desire to keep those three single-family homes and the unique blending of single-family homes and townhouses and apartment buildings, the boundary for the group residential project does need to be set in between along the line where it's drawn in pink and where it's shown on the preliminary development plan. If you think about the purpose of the project exterior yard, typically you will see a situation where you have a more intense apartment complex or townhouse complex up against a property line of a less intense use, so it's intended as a buffer. In this particular instance, with the unified development, the townhouses along Burley Avenue and the single-family homes are all going to share in a parking area and other amenities in this unified development, thereby decreasing the need for that project exterior yard buffer. The Article 15 of our zoning ordinance says that the purpose of our infill regulations is to promote compatibility, and sometimes it is necessary to grant variances in order to achieve that primary goal of compatibility with the surrounding older neighborhoods. The findings for this, the staff is recommending approval of the requested variance from a 20-foot yard to a 3-foot yard on the southwestern property line for the reasons that are provided in your staff report and also listed on the agenda. Just briefly, the staff found that granting this variance should not adversely affect the public health, their safety of the subject or surrounding properties. It will not result in an unreasonable circumvention of the ordinance, primarily because of the unique nature of the development that is proposed. This unique circumstance of blending proposed housing types and shared parking lots is a unique circumstance that you do not see in most other group residential projects. The staff is recommending approval for these reasons and all of the reasons listed in our staff report. There are four conditions that are proposed that are very standard conditions. whenever a variance is proposed at the time of a zone change. Nothing out of the ordinary there. If you have any questions for me, I would be happy to try and answer them. Otherwise, I do believe that concludes all of the staff presentations. Thank you, Mr. Emmons. Any questions for Mr. Emmons? If not, the applicant? Thank you. Mr. Murphy? I presume you're in agreement with everything. I'm Dick Murphy. I'm representing the applicant. I had a couple of handouts here. Dennis Anderson is with me from Anderson Communities, and Tony Barrett could not be here today, but Joey Zvek from Barrett Partners is here with us today as well. Mike Kraft, John Strom from Anderson Communities as well. And I won't go over what the staff has done, but I wanted to point out a couple things about this. and that is that our focal point of our development, which is the five-story building along the railroad track, is located right here along the railroad tracks and adjacent to the existing University Village apartment complex. This building is actually not in the area we're requesting the zone change for. The zone change line is about where my pen is. The building is here in the area which is already zoned R4 as part of University Village. Our zone chain stretches from where my pen is, extension of Simpson Avenue, down to the back of the properties along Burley, which you had the hearing on and rezoned in July. So it's here to here, off to here, obviously. We show a larger area on our development plan because we are doing this as an integrated plan. So our parking areas and traffic flow will be internal, including University Village down through the building I just mentioned. We'll have sort of a grand entrance off of Simpson Avenue. As you can see, you come in, you'll be flanked by the two rows of townhouses coming up to the taller building with the main entrance here. We transition down from this building. These are three-story apartment buildings here down to the townhouses, which you all had heard and approved five months ago in July. We transition a similar way to the north to the three-story apartment buildings in University Village and then going to the west down to the townhouses, then to the existing single family, and the remainder of the neighborhood here. We tie in the townhouses which are shown on our development plan. We had to show them because we're changing the traffic flow from what was approved in July. We think we've improved it a great deal. Before, we had an entrance here off of Burley next to the railroad tracks coming back. We had this entrance in the middle. We had another one off of Prospect. So there were three ways to get in and out, all leading to Burley Avenue. What we have done with this, by closing prospect and by way we have the permission of the owner on the other side to do that, but that's all subject to the council and we've got a lot of steps to go through before that. We have closed this entrance point here. We have closed this entrance point here. And the one that's remaining in the middle, we've made it entrance only. So instead of there being three entrance points in close proximity to Burley or on Burley, we have one which is an entrance only. What that will mean is all the parking, of course, is still behind the townhomes. We come in here, and to exit, our exit traffic is going to go through the center. We feel most likely it's going to come up through University Village, get up to Export Street, up to Virginia Avenue, where there's a signalized intersection with Virginia Avenue. You can turn left to go to Broadway or right to go over to the campus and across the railroad tracks there. You can exit on Simpson as well. We think probably most of the traffic will be coming up here, but you can go out Simpson. Simpson has a little wider road than Burley. It has condominiums and apartments on the north side, single family on the south. So what we've done by doing this, we think is important, is taking the traffic off of Burley, even to a greater extent than we did with the plan that we had before you five months ago. The other thing I wanted to point out to you is the Pedway. As you can see, the Pedway, which we are proposing and is subject to approval by numerous agencies and groups, but would cross the railroad track and land in U.K. property. If you could put up the first page after the cover page of that exhibit, In there, I had the little schematic, the color showing of where the pedway will be landing on here. And we've superimposed that upon UK's future plans. Now, here we have the railroad tracks, and this is Virginia Avenue right here crossing the railroad tracks. So the existing university village is right here. Our proposed development is right here and coming on down this way. But we wanted to show you how this ties into U.K. We're crossing the tracks here with this location. We've worked with U.K. to come up with a suitable landing point for this. We've worked with Bob Wiseman, the vice president for facilities management there. And as you can see, we drop out right here on U.K. property. and right up here we've superimposed what UK's plans are for the medical complex on our side of Rose Street. And you can see we have the College of Medicine, College of Dentistry, Nursing, Health Science right here. And that shows you a little bit about what our target resident is going to be in this complex because I know in the neighborhood there's been some discussion, well, there's going to be more college kids living here and that sort of thing. Our target resident in these, if you can remember, this building we're going into here, and these three-story apartment complexes are not four-bedroom apartments. They are one- and two-bedroom apartments. Our target is the professional working at the U.K. Medical Center here, the doctors, the nurses, the physical therapists, the staff people who are in the medical center and the hospital, or in the various colleges that are going to be right across the way. There's a lot of staff members here, too. So we're looking for the young professional there. The amenities that will be on this tower will be the fitness center on the top. We're anticipating that will be glassed in, whirlpool, that sort of thing. The amenity package and the level of luxury in the facility here gear it toward young professionals. Now, we can't discriminate against anybody in renting these things. That's illegal. But we know from what we're providing and the price point and that sort of thing who's going to be our hopeful resident in this area. So I wanted to answer that. I wanted to answer a couple other specific questions on Area 2. And the second page of my handout is just a, if you could put the second page up there. we wanted to show you UK's development and relationship to us as well we again are here this is the railroad track again the blue is UK our pedway is coming right about here and this area over here you can see UK is coming down has brought up lots in this area as well The green lots are residential lots, which we identify through the PVA records, are non-owner-occupied because the bill goes to another address. The pink or purple ones are owner-occupied lots that are here. The blue is UK, and the yellow, which doesn't show up really well right here and here, are Kentucky utilities, part of the substation that they have there as well. So we agree with the justifications that the staff has presented. I wanted to point out also, though, that every comprehensive plan we've passed in the last 20 years has had an extra, even greater emphasis on infill. Infill is important, and I quote, and I'm not going to read them off for time's sake, for the last two pages there where I put excerpts from the 2007 plan and the 2012 goals and objectives, only to say that the 2012 plan sums it up by saying that infill is a strategic component of growth in Lexington. All these documents have said we want additional density near important employment centers. And I'm going to ask you if there is a more important employment center in this community than the U.K. Health Center. It's probably the biggest health care employment center in this state, and it is only expanding. It seems like it's expanding continuously right now. It's going to be continuing to be an important economic generator, and we have a facility here where the people who work here don't even have to own a car. They can walk the pedestrian bridge, and they're at work right away. When they leave in the evening, some people like to have a separation from work. They walk over the railroad tracks. That's the separation that they have, yet they're still close enough to walk back and forth. I've mentioned traffic. I've mentioned that we are going to be reducing the amount of traffic on Burley Avenue over the existing plan that we have in effect as a result of previous zone change. I want to mention stormwater because there is a stormwater pipe under the railroad tracks somewhere in this vicinity near our Pedway area, not in the exact same location, which takes water from the UK property under the railroad tracks to our property. We are cooperating with the UK not only with the location of the Pedway, but also in sharing information about the stormwater so that we get our calculations right so that when we do our vaults here, we will be storing the correct amount of water, not only our water, but the water that's coming on to us from UK. It will be in an underground vault system, which is not unusual at all anymore. It's being done quite a bit around town. But Tony Barrett and Mike Kraft from Dennis' office had a meeting a couple weeks ago with Susan Pluger, Greg Lubeck from Water Quality, Craig Prater regarding sanitary sewers, and Hillard Newman. And they worked out a series of notes in that we have to submit to them a stormwater study and a sewer study to them contemporaneously with our final development plan subject to their approval on everything we do out here. And they've reached an agreement, and we have notes for adding to the development plan on that. I think Hillard could not be here today, but Steve Parker from Engineering is here if you need a confirmation on that. The lotting pattern the staff mentioned, we'll add the lots back on there. We had them on originally. Staff asked us to take them off, and we'll put them back on just the way we had it. That's no problem. The variance that Mr. Emmons mentioned is because of the three single-family houses there. If they weren't there, we could extend that line down there and have it. The variance is between us and our internal development there. If we didn't have it, we'd move this up, have a bigger parking lot. There's no reason to have a bigger parking lot on here. So I know you're in a hurry. I'll conclude here by saying that this area, Dennis has been working on this for about 10 years. We just got the property together. We would have liked to have it when we came back with you five months ago, but we didn't have it at that time. But I think you'll never see a better development for this property than the one we're presenting to you because we can integrate it with the property to the north and the south. We can integrate it with UK with our Pedway. We put our highest density up against the tracks, and it provides a variety of housing types for people for our target market there, the professionals that are right there. And I would emphasize, too, this will have central on-site local management, and I think that's a key in a lot of these developments, having on-site local management, which will manage this entire area. So thank you very much. I think Dennis wanted to make a couple of remarks to you, and we will then conclude. Thank you, Mr. Murphy. Mr. Anderson. What else could you say? I appreciate you all's time, and I can see you're anxious to get out of here. Tony couldn't make it today, so I was going to explain the development plan. He and I did it together. Do you have the picture where it hooks up to the university? I want to say that that wasn't prepared for us. That was prepared by the university and given to us. Everything on that is their work. We've been working with them on the site plan, where the pedway lands, and where we're going to store the water. I wanted to go over one other thing. Thank you, sir. When we started designing this, we wanted to keep the outside more of a residential nature, so we put our townhouses and single-family here. When we brought this in, they originally had it coming into a big old parking lot. This was dictated by the Padway, so we had to put it there, and I said, no, no, no, that's not what I want. I want townhouses here, so it still gives it that residential character, and we don't drive into a big old parking lot and look across the parking lot. I want a little turn into it, so it orients to this building, and I want this building to say wow. On the fifth floor, we're going to put an outdoor kitchen for entertainment, a jacuzzi, and then a glass-thin fitness center. Thank you. Thank you, Mr. Anderson. Any questions for the afternoon? On the townhouses, there's two bedrooms. They've got two owner suites on the second floor, and they'll go probably around $1,500, $1,700 a month. Any questions for Mr. Murphy or Mr. Anderson? Thank you, folks. Anyone else in the audience wish to speak on this? That's fine. Anyone want to speak in favor? Seeing none, you're up. Thank you. We have several people here. I'm going to be taking a little bit more than the last three minutes because some people are advocating. And I do appreciate your patience, too, but this is our neighborhood, and this is really, really important to us. My name is Ginny Daly. I live at 136 Burley Avenue, right across the street from where this proposed development is going to be. I'm requesting that the Planning Commission vote against the high-density rezoning of this area because it's too dense for our neighborhood and will cause problems with traffic, parking, stormwater, sewer, noise, and trash. It takes away affordable and flexible single-family dwellings and replaces them with expensive student barracks. Even though we've heard that they want to rent them to other U.K. professionals, there will be a lot of students in there. If Anderson Properties gets a green light on this project, they will continue with similar projects throughout the neighborhood, and it's demoralizing to live in a constant demolition and construction zone. This project does nothing to improve the neighborhood for existing residents. I'm going to focus on three points. A couple other people are going to bring up other issues. Number one, if you can put up the neighborhood crime, thank you. Since the last hearing, I've been tracking crime in our neighborhood. The source is raids and the Herald-Leader. I've done these spreadsheets, types, and wear, and all that kind of stuff. Reduced down, the point is, the majority of the crime in the neighborhood occurs on student property, and the majority of the student property that gets hit with crime is on Simpson Avenue. So expanding this apartment complex concept is really just going to mean more crime in our neighborhood. The second point, if you'll put up that next picture. My second point is the scale of the three-story apartment buildings juxtaposed with 800-square-foot cottages contradicts the infill and redevelopment guidelines. This picture right here was provided by planning staff at one of the comprehensive plan meetings held this summer. As an example of appropriate infill, and this would be perfect for our neighborhood, and Mr. Anderson has several houses similar to this that he could put in our neighborhood, where he's tearing down all these houses in between the existing ones. In your own 2012 Comprehensive Plan, Goal A2A reads, identify areas of opportunity for infill, redevelopment, and adaptive reuse that respect the area's context and design features whenever possible. So what I'm getting at is the big apartment complexes that are going to be right next to these little houses, if you can go to that next one. I'm trying to show this, and it's really hard, but can you see these apartment complexes are going to come up in the neighborhood and be right behind? I know that you all focused on where you're going to put townhouses in on Burley, and some of that has been higher two-story houses in there. But look at that one apartment complex that is anchored right behind houses on Fern and right behind single-family dwellings on Burley. It's really hard to understand this, if you'll do the next picture for me. It's really hard to understand how this will be because of the topography. So I made this little sketch for you. I hope that you can get the feeling. The yellow is the existing. And right now, University Village is kind of in this, it's about a six or eight foot drop from the Simpson Street. So the height of those buildings kind of go to the height where the streets come up to Burley. and that's kind of nestled in a little bit better than when you put this three-story building behind these little cottages. And you can tell, too, that this is not really much of a transitional zone because there's not that many townhouses between the single-family dwellings and the larger apartments. The little zipper in the back is the railroad tracks. So I want to point out, point 2A of the zoning staff recommendation that you received today on the agenda states that the proposed development will create a step-down in density. In fact, that's just what Ms. Wade said. And you can see that's not really the case. Conceptually, maybe. Reality, no. There is nothing transitional between R4 and the R1D zone areas, excepting a few townhouses on the margins. And point B in this same recommendation to you all claims the highest density development in the neighborhood will be situated adjacent to the railroad, thus buffering the single-family residences from the noise and dust associated with the rail corridor. For one thing, current residents don't really, we're not asking for this buffer, we're fine, there's some bushes down there, the noise, the dust is not really bothersome. So this really isn't for our benefit. And further disturbing, this sentence to me was very, very disturbing. The concept of using students or anybody in this housing as a railroad buffer. If you are a parent and your student is going to be living in one of those apartment complexes, would you want to think that the city of Lexington is using your student as a barrier, as a railroad buffer for this neighborhood? I think that we can do better. This also contradicts the comprehensive plan objective, provide well-designed neighborhoods and communities. It also contradicts Anderson Community's slogan of a better lifestyle and a better place to live. I don't think it's better for the residents that are going to live there. It's not better for the community. I'm asking you to hit the pause button on this project by denying the zone request. And I think a few other people may want to. If there's others that want to speak, please come forward. We'd love to hear from you. Just please, we ask not to be repetitive. I'll be right quick as I can be. My name is Faye Atkins. I live at 116 Burley Avenue. I've lived there for 43 years. I live on Burley Avenue right in front of Prospect, The street they want to cut off and build a big apartment building now, I'm against. When I first moved up, that was country. All trees and grass and kids playing. I mean, it was a nice place. It was not a very expensive place, but a nice place for neighbors. Neighbors, you know, got along and helped one another. I'm 67 years old. I want to sit on my front porch in my rocking chair and see grass and trees, not big condiments in front of my house. some. And I'm sure none of the rest of y'all like that either. Mr. Anderson, I like him. I have nothing against him. I just don't want to call him any minute about that in front of my house. I have to sit on my front porch of my rocking chair and looking at it. We've had kids, college kids, they get drunk, they have parties, they've woke us up at 2 or 3 o'clock in the morning jumping on top of our vehicle some. The parties they have, you'll see 50 cars with these kids coming in, lining up, parking in front of your house, everywhere. You have to go up there the next morning and pick up their beer bottles and their whiskey bottles. We don't like that. And that's about all I've got to say. Thank you, Ms. Hopkins. I made it quick for you. Thank you, Ms. Hopkins. Thank you. Anyone else? Thank you. my name is priscilla pemberton i live at 139 burley right across the street from these ladies i know mr anderson likes the money and he loved to get the parents to pay for 1700 living. I hate poor old parents do not know what they pay for. And Mr. Anderson is trying to take it all. He doesn't want just a little square. He wants all of it. He doesn't want to be nice. He's not nice. He talks a good story, but do not believe it. It's a little section that doesn't belong to anybody. and UK is near us they're not on top of us they're on Simpson and UK they don't want to live there if they did they would already do it and any students we've ever had have really left because the city said you can't have a party at 2.30 in the morning and have 50 people if you've ever been in a neighborhood when they have their parties there are 50 vehicles and they go everywhere. Burley is not a two-way street. Simpsons is not a two-way. Prospect's not a two-way. We don't have a two-way street. You cannot take two vehicles and go up a street anywhere around there. We do not have it. So anything that comes by, of course it gets right on top of us. We're not allowed to have sidewalks. We do have lighting. But I've been there 14 years. And when I learned about this, I put my sign up to sale. And that's just the way I feel about it. I don't want it. I'm 71. I want to enjoy peace and quiet. I don't drink. And I'm too old to party. So I do not want to join them. So that's really, it's just a nice little neighborhood. Leave it alone. Everybody's there that wants to be there. And educated people do not want to be on Burley. No, you're out in a suburb with $150,000 homes, $125,000. We don't have that kind of housing. So just leave us alone, please. Thank you, ma'am. If anyone else would like to speak, yes, ma'am, come forward. Are there others that would like to speak on this? Yes, ma'am. I may not be quite as brief, but I've written down what I've got to say. Your name, please. My name is Mary Faye Minyard. I live at 128 Burley Avenue. And I'm sorry about my voice, but I have some paralysis in both vocal cords. And I have to speak on my airstream. Other than that, I'm in perfect hell. I'll try not to repeat anything that has already been soothed. I think my neighbors made some good points. The one thing I would say about the demolition and construction and the building, it will be very uncomfortable to live with the constant noise and the dust and what will be the causes of the caused by the movement of the trucks and the other heavy equipment that goes on with the building and that you know that's just a necessary thing that comes with building And I would like to remind the people here that we are tax-paying citizens. We're self-supporting. We don't get public welfare. We take care of ourselves. And I think that if you are a tax-picking citizen, just as you all are, you'd like to be considered, I'm sure. My son John and I had a new home built on Burley 12 years ago. built there primarily because he is a militarily retired disabled veteran. And he wanted to be there so that with all the hospitals around, if he needed to go to the hospital and he got to the point where he could drive and I was no longer there, that he would just be able to get in a motorized wheelchair, be able to drive there. Of course, the VA was at the back of the UK at that time. They've since moved, mostly moved back to Lees Town Road. But anyway, you get my drift. last September a year ago John made the last payment on the house it's nothing fancy but it's a nice comfortable home it's got the kitchen living room dining room combined which I don't particularly care for but it's also got three bedrooms and two baths and that makes it nice so last September a year ago John made the last payment on the house nice home not fancy but comfortable no more house payment no more rent paid in full extra money for the rest of her life joy joy maybe some of you all know that feeling now to bring us to the present my personal opinion is that eventually big business will prevail and all of the simpson burley american uh will be in the little side streets will be taken Now, that's growth. I'm not happy about it, but it will probably be taken. I don't think there's any viciousness in it on the part of anyone. It's just business. My question is this. This is what I would like to know. How soon? We know that I've not consulted with my neighbors about it, but the ones that I have talked with, eventually we know that that little neighborhood will go. It's just the way of life. But at the same time, what about those of us who do have a homes fair? We could not afford to buy another house someplace else with the price of property. And so my question is, I'm looking to the future. I'm going to be very blunt and very honest. I don't mean to be unkind. I just like truth. The truth about anything in life, anywhere, any nation, any government, face-to-face with your neighbor. The truth is what sets you free. If you know all the truth, then you can make plans. I hope that we that own our homes will get to stay there from now on. But my question is, how soon does the developer plan to get the rest, or if not this developer, another? How soon do they hope to get the rest of the private property? And also, about what year, I would like to emphasize, let's all be ruthlessly honest here with each other. I don't think equality is meant by anyone. But let's put a date or an approximate date about when. Now, I'm not talking about the finishing of the housing development. I'm talking about when they are going to want the rest of the private property there. And see if they can put a date on it. We residents are not ignorant. We're not fools. We know you or another development will want the rest of Burley. Will you give us an approximate date? Thank you, ma'am. And I thank you so much for listening to us. And you're very kind. Thank you. I did not see any hands a moment ago when I asked if there were any others that would like to speak. Are there? No? Okay. Questions from the Commission at this point? I'm going to ask for rebuttal at this point. Mr. Murphy? rebuttal please right and and just i don't have a lot to say except we certainly understand neighborhood concerns about this we understand neighborhood concerns about security and dennis has already talked to commissioner derrick paulson about the secure by design features and one of them, for instance, is the one entrance off of Burley. The fewer, what we've learned is the fewer entrance points you have, the better control you have. As I mentioned, Dennis does have centralized on-site management here. His manager, Nick Ginnard, is actually here, the one person who manages University Village Apartments, and I found that is extremely important. as far as the commitment to the community we mentioned at the subdivision committee I think that Dennis has that there were two persons in this area who wanted to move or bought out Dennis traded them houses bought their old house and gave them a new house one on Burley just next to one of the people who spoke to you and another on Camden and I think that speaks of the commitment to the neighborhood I think the pattern as far as the question about when is the rest of the neighborhood going to be bought out, well, that's something you have control over, over what the rest of the neighborhood looks like. We don't have control over that. There are a number of other people here buying properties. But I think truly that an integrated development like this is much better than a piece-by-piece, lot-by-lot development. I think we are establishing a pattern here where we have transitioned down to single family here. And if somebody came in in the future, I think they'd have to take that into account. So we understand those issues, but we think we have a really good plan here to present to you. As I said, I don't think there will ever be a better plan to present to you. And again, we are next to a very important employment center. I think in the community we have put higher density up against the railroad tracks up to the north and up and down here. But I think it's truly appropriate to serve the University of Kentucky Medical Center across the street. So I hope that's about what we had to say. Thank you. Thank you, Mr. Murphy. Staff? Nothing? Okay. One thing. Yes, ma'am. Very quick. Do you have this? This must be rebuttal now. It is rebuttal, and it's going to address the traffic issues that Mr. Murphy. Briefly. Yeah. You can see this here. Do I have a pointer? well you can see where the apartment complex is where it wants to be and what I've done is highlighted the traffic the only way okay this is where the proposed development is going to be unfortunately the only way that you can make a left hand turn onto Broadway is either to go up to Broadway and Virginia Avenue intersection or to go down to American Avenue where there's a traffic light. Right there. Virginia Avenue and South Broadway is a total bottleneck, and it only takes the students about two weeks to figure out, because it's a major cut-through for people going to work at UK, how you can go down Simpson and either cut up Fern or Stillwell, go down Burley, take a left because it's a one-way street on Francis right in front of the new Burley Park with a bunch of kids playing there, then hook a right on American and get out at the light. So while I can appreciate, and you all can appreciate, the traffic flow that they're trying to mitigate with this development, It's still not going to happen until something changes. The light configuration changes out on Broadway. They're still going to come through the neighborhood. And if my math is right, that's 197 beds. That's 197 people coming through our neighborhood, past that park with kids, to make a left-hand turn on Broadway. Thank you, ma'am. At this point in time, I'm going to close this part of the hearing, open it up for any discussion, unless commission members have any questions. I'm going to close this part of the hearing and open it up for any discussion and motion whenever anybody's ready, when everybody's ready. Ms. Plumlee? I want to thank the neighbors for coming down. I'm certainly empathetic to their concerns. Is it progress or is it an ultimate taking? I think that's their feeling at this point. But we do have to realize that we are falling within the goals of the 2012 goals and objectives, and we're falling within the Comprehensive Plan of 2007. Just my comments. Thank you. Ms. Phillips. I just wanted to say that without the information that was provided by the neighbors, I was unaware of kind of the incremental sort of piecemeal chipping away at this neighborhood because we do tend to see things on an application-by-application basis. I would advocate maybe through the comprehensive plan process that we look a little more closely at this area, possibly for a small area plan, because this area is being very heavily impacted by the continual expansion of the medical school. and the Associated Facilities at Chandler. And I'm really conflicted about this. I thought it was a pretty easy case until the neighbors brought these issues to my attention. Any other comments? Mr. Penn? As some of you know, I have worked and grew up in that area with Penn Bridge Tobacco Warehouse, with the storage house behind it and very familiar with your neighborhood, very familiar with the changes going on in your neighborhood. The changes that went on with our tobacco warehouse that hurt us because things changed, and that warehouse no longer became viable. They quit processing tobacco in Lexington. The storage house quit becoming viable. The water that comes under that railroad I'm very familiar with because it came right there at the end. The thing that I am most troubled about is that everybody that lives in progress, it hurts somebody. Nothing changes that doesn't hurt somebody. Nobody likes to leave their homes. Nobody likes to leave their property. Nobody likes to move, I included. What my concern now is, is have we totally altered the neighborhood, the character of the neighborhood, and change it from a place to live to a place to rent a place to go from one point to the next. And that's the part that concerns me the most, is are we changing a neighborhood and making a neighborhood of transients, people that live there for one or two years, complete their masters, do whatever, and how can that coexist with the people that choose to make that their home? I sympathize with you. I don't have an answer for it, but I want you to know I have seen this happen. I spent a lot of time on Simpson and Prospect and Burley American, and I do empathize with you greatly. Thank you. Thank you, Mr. Penn. Any other comments? If not, I'll entertain a motion. First and foremost, we have a motion for the MAP Revision 2012-19. Yes, ma'am. Can I do the variance altogether? No, we need separate motions. Move approval of MARV 2012-19 for the reasons outlined by staff. Thank you. Do we have a second? Motion has been made and seconded for approval of MARV 2012-19. Please vote when it comes up on the screen. That motion passes. Next, we need a motion for the variance. Move approval of the variance for the reasons outlined by staff and the four conditions. Thank you. Do we have a second? Second. Thank you. A motion has been made and a seconded for the approval of the variances. Please vote when he comes up on the screen. That motion passes. Next is the ZDP 2012-119, I'm sorry, 110 with the 11 conditions. Move approval of ZDP 2012-110 with the 11 conditions. Second. Motion has been made and seconded for approval. Please vote when it comes up on the screen. That motion passes. All three motion passes. As Mr. Penn and Ms. Plumney did state, we can emphasize, recognize the concerns that are coming out of the neighborhood, and we'll do everything we can to continue to listen and help us wherever we can. We do have another item, a couple more items. There are one that I can see people have been waiting for. I would ask for your indulgence for about five minutes to give this commission a chance to take a break, and we'll resume right after that. Thank you. guitar solo I'm sorry. I'm out. I don't even know they're walking to their seats. I appreciate everyone's patience. Our next item is Cell Tower Application CT 2012-1. It's on page 16 of your agenda. I will take note and make the announcement that I am disqualifying myself from this because I am a landowner adjacent to this location. I will be vacating, going across the hallway, finding a closet and playing tiddlywinks until you all are finished. Good luck. Do you have cards with you? You can play solitaire. So am I chairman now? Can we get a motion to adjourn? While you're not looking. I was afraid of that. The chair's not looking yet. Yes, yes, yes, yes. Good afternoon. As Mr. Owen said, this is on page 16 of your agenda. It's item A, under commission items, CT 2012-1, and it's the first one of these that we've had in probably about six years. So it'll be a new experience for a lot of you. I have some letters that have come in in opposition to this, and I also have what is called the alternative site analysis. is contained in here, explaining why they have chosen this property for the cell tower. This is an application by New Singular Wireless, and they're doing business as AT&T Mobility. It's for a monopole construction at 1811 Ironworks Pike. And this is the property right here. And this is the approximate location of the tower, that little dock right there. This property is a little bit less than three miles west of Russell Cave Road, and it's directly south of Maddox Town, which is an historic rural settlement. Maddox Town is this little area right up there. The tower itself will be 195 feet tall, and it has a three-foot lightning arrestor, and it'll have a concrete pad as its base, so that'll add a foot to the height. Overall height will be 199 feet. It'll be located in a 2,500-square-foot area, about 1,250 feet from Ironworks Roadway, and it'll be on the eastern side of the property. It'll be enclosed by an 8-foot chain link fence with an 8-foot privacy fence around it, and that'll protect the farm operation as well as the tower and equipment. Access will be by way of an existing gravel road on the farm. It'll be improved and extended with asphalt or another suitable hard paving surface, and that'll be done prior to construction. And Bill, if you could put up the aerial photo, please, or somebody, whoever. You've got the property, again, is right there. Here is the tower location, and then it's got an existing gravel road along this side of the property that will be extended up to there. AT&T wants to allow for future co-location on this tower and for additional carriers. That'll help to alleviate the need for additional towers in the area in this portion of Fayette County in the future. The service in the area is less than desirable. From what they have said, there is an 8% blockage of calls, which means that 8% of calls cannot be completed or are dropped within the area. They can't be covered by the three closest cell towers, and the closest one of those is 2.3 miles away on Swigert Avenue. So this will increase the capacity of calls, and it will eliminate the missed and dropped calls, and that's critical when you're considering E911 service. For most people, it's just an annoyance, but for E911, it's critical. With regard to the comprehensive plan, the property is recommended for CARL, which is core agricultural and rural land use, and it's surrounded on three sides by agricultural properties, and a lot of those are PDR protected. You can see the slash marks on there that indicates a PDR protected property. Maddox Town is to the north, and that is zoned R1D, so it's a single-family residential development. and it was noted in the Rural Settlement Study, which was done between 2003 and 2006 by the UK's College of Design, that many individual properties as well as the entire community of Maddox Town is eligible for National Register designation as well as local H-1 overlay. No one has pursued either one of those in those six years since the study's been completed, though. And we've been told that the entire area along Ironworks Pike is potentially eligible for National Register designation. And because cell towers are federally regulated, a Section 106 review was done by both our Division of Historic Preservation and the Kentucky Heritage Council as part of a National Environmental Protection Act study, and the Section 106 is required by the National Historic Preservation Act of 1966. And they determined that there would be no adverse impact on either historical or archaeological resources for either the property or the area. Ironworks Pike and Russell Cave are both designated Kentucky Scenic Byways, and it was noted in probably two of the letters that towers should not be located along a scenic byway. But Article 25 does allow this as long as either you do an alternative design, or the profile has to be minimized if it's within the viewshed, or it has to be 300 feet away from the road. This tower is going to be at least 1,250 feet away from the road. It will be able to be seen from miles around, and not just from the roadways, not from the scenic byways, but it will be lower than at least one of the towers on the clear channel radio property, which is 400 feet tall, and it may be less visible than the cluster of those towers on that property. The base of the tower will be screened with existing mature trees as well as existing buildings, and the profile will be minimal so as to reduce the potential negative visual impact, and we have some photo simulations of before and after that I'd like to show you, and they're pretty well self-explanatory. There are five different places along the roadway as to where the pictures were taken, and this is a before photo, and then the next one underneath there is what it'll look like with the tower, and you can barely see that in the background. It's this right here. Okay, the next one. And this is the before photo. And then tower right in there. The next one, please. And that's a quarter mile northwest along Ironworks Pike, and that's before the tower would be there. It exists now. and then the next is after what you would see. That is right there. And I think there may be one or two more, Bill. This is before along Ironworks Pike. And then the after tower is right there. And then this is also along the Ironworks Pike. That's before. And then with the tower, you've got the trees there. You can hardly see that there's a tower there. You will be able to see it, but it's not visible. And as I said, the service is essential to E911, and as a staff, we think that that outweighs the importance of any visual negative impact that this might have. And because the service that will be provided is essential service, it will be consistent with the comprehensive plan objective of providing, improving, and developing essential public and private facilities in areas where they're either not existing at all or where they're deficient. With regard to co-location, when they were looking for a site, AT&T approached Fayette County Public Schools and Clear Channel Radio for possible co-location opportunities, and neither was interested, and each one turned down AT&T's proposal, which forced them to look elsewhere for the location. and this property at 1811 Ironworks Pike was chosen because of its location within the search ring and because of the depth of the property. It allows the tower to be more than 1,200 feet from the road and it helps to minimize its profile from the road as well as the property owners being willing to allow the tower on their property. That's a big thing. But those were the reasons that they chose this property. They're not able to co-locate on another structure because there's nothing in the area that's tall enough to allow co-location. But even though that's the case, it will still promote the co-location concept in Article 25, because it will allow other carriers to locate on their tower, and so that will reduce the need for other towers in the area in the future. Zoning issues. The property is in the AR zone, and all the properties around there other than Maddox Town are zoned AR. and it's stated in the uniform application that the property is the most feasible within the designated search ring and you've got the alternative site analysis there and that provides the reasoning for their choosing the site and if you have any questions about that, Mr. Briggs representing AT&T is here, he can answer those questions. But the minimum lot size in the AR zone is 40 acres and this property only contains 27.29, which makes it a non-conforming lot. And there was a question previously, and there probably still is, I think, somebody in one of the letters referenced that too, but the question as to whether this would make the lot more nonconforming than it is. And this is just like any other utility. For example, if KU located their lines on your property, it wouldn't make your property more nonconforming. There would be an easement, and the property would not be any less in size than it is. It would be less usable, but it wouldn't be any less in size, and so it wouldn't be any more nonconforming. and in Article 25 it states that any cell tower lease area may not take a property below its minimum lot size and that would be if there's a subdivision based on the long-term lease, then if that was the case, if there was a long-term lease with this, then the question was there as to whether or not it would take the property below its minimum lot size, making it more nonconforming. But they're going to have no long-term lease. It's going to be an easement agreement between the parties, and that has been created, and it's in the process of being recorded in the clerk's office today. And it's just like any other utility easement, like you would see on a plat. For KU and streetlight easements, we always have those on our plats. It allows access to the utility, but it doesn't reduce the lot size, and it doesn't require a subdivision, and therefore it won't violate either Article 25 or KRS 100. With this, they're asking for two variances, one to the height to yard ratio and one to waive the landscaping requirements. The distance between the base of the tower and the property line is about 85 to 95 feet. And if you could put the layout up there, Bill, please. A one-to-one height to yard ratio would require that there be 195 feet on all sides of the tower for a fall zone. and it will only not meet the one-to-one height to yard ratio on the eastern side of the property. Here is the area that they're proposing and then it's about 85 to 95 feet between here and here. But as you can see, it meets all the other setback requirements. And theoretically, they could put the tower in the center of the property because the property is more than 500 feet wide and they wouldn't need a variance, but that would disrupt the farming operation and it would cause more paving to be had put down, and we think that would disrupt the property more than where it's proposed right now. And that provides a justification in our eyes for the high tiered ratio variance. If you think that variance is inappropriate, you should disapprove it just like you do any other variance that you think is inappropriate. But the practicality of that would, as I said, probably be more disruptive to the farm than allowing the variance to be granted. Article 25 does allow height-to-yard ratio variances, and it also allows landscape waivers, provided that you find that there is enough plant material there to screen the base of the tower. So we believe that both of these are justified because, as you can see in the pictures, there was enough screening around there, enough tree-line property, or along the property lines to screen the tower. So to summarize, and this provides the basis for the findings of our recommendation, first, the property or the site is not in a floodplain or in an environmentally sensitive area. That would preclude location of the tower where it's proposed. It's not within 1,200 feet of an historic district or landmark. The Section 106 review was done by both Historic Preservation and the Kentucky State Historic Preservation Office, the tower. Russell Cave Road and Ironworks Pike are both scenic byways, but Article 25 allows cell towers along a scenic byway as long as it is either 300 feet beyond the roadway or if the tower is minimized if it's in the viewshed. And so it is allowed to be in a scenic byway. It is 1,200 feet from the roadway, and they are going to have a minimal profile, which will help to reduce the negative impact on that. With regard to the one-to-one height-to-yard ratio, it's not met on one side, but all the other sides are being met. They're asking for a variance, and like I said, you may or may not grant it, and that is allowed by Article 25, though. Not allowing the variance would provide more disruption to the property if it wasn't located where it's proposed, so we believe that justifies the height-to-yard ratio variance. It won't interfere with traffic circulation or any other zoning ordinance requirements, and according to the radio frequency engineer, it will not provide a dead zone with regard to clear channel radios, transmission signals. There are substantial mature tree lines along the property lines that provide screening for the base of the tower, and that provides a justification for the landscape variance. The 40-acre minimum lot size is not being violated, which was a question before because they were going to have a long-term lease, but that's no longer the case. The easement agreement is similar to all other utility easements, and a subdivision is not required for that, so it's not going to take it below its minimum lot size requirement. There's no conflict with Article 25 or KRS 100. Typically, plats aren't submitted for cell towers if the agreement is based on a lease, no matter what the zone, whether it's AR zone or whether it's B1 or whatever. Terms of a lease, of an individual lease, would dictate whether or not one's required, and that was questioned because of PVA records and the addresses of the towers. The towers each have their own address because that's for E911 purposes. It's not because the property's been subdivided. A monomal tower is permitted in the AR zone or in residential zones if there aren't any other sites available within the search ring. And the only zoning within the search ring in this area is AR and R1D, which is the single-family residential zone. The property owners within the search ring were contacted for possible accommodation of the cell tower, and according to AT&T's attorney, this is the only feasible location for the tower within the search ring for several reasons, and those are addressed in the alternative site analysis. You've got that, and if you have any questions, then Mr. Briggs can answer those questions. This will allow for future co-location, which is consistent with Article 25 and the comprehensive plan, because it will be providing service where it's deficient or nonexisting in the area, and it will also prevent having to put more cell towers in the area in the future. So we've recommended approval, including the variances for these reasons, and because it will eliminate the blockage of calls, that is critical for E911 purposes, and we've recommended three conditions, and you can recommend any other that you see fit if you choose to approve this, and one of the conditions could be that the antenna be flush mount like they do on the one on Duke Road. There's a cell tower on Duke Road, and the antenna are compressed to the tower, so you could require that if you think that that would help to minimize even further the profile of the tower. And if you have any questions about the staff report, I'd be happy to try to answer them, and Todd Briggs is here for AT&T if you have any questions about anything else. Okay, any questions, Mr. Wilson? I'm not technically oriented, so someone will have to help me here a little bit. When they talk about signal, a significant service gap, are they talking about connection capability, or are they talking about capacity? Capacity. Capacity. Okay. I do know that much. I don't know much more, Will. Well, are you at it? Maybe, can I go else? Okay, Mr. Penn. Well, Barber, I don't know where to start here, but I guess to follow up on Mr. Wilson's question, if I read this right, they'd have to have a tire located about every two miles up and down the road to make this thing work, and I know that doesn't work anywhere in Fayette County. So I'll save that question for him, but the follow-up question to this is, is explain to me why you can take a nonconforming lot, You can plat off, lease off, sign a contract, whatever, and it's not a subdivision as defined in KRS 100. It's an easement. It's an easement agreement. It's not a subdivision. So the road is an easement and the site is an easement? And you're equating this with high electric lines? Pardon? You're equating this the same thing with high tension lines? Yes. Or water easements or sewer easements or gas easements or whatever? It's to allow access to the tower for maintenance and... Have we done every cell tower in Fayette County this way? We haven't platted any of them off. Well, if they're platted, it's not because we've required it. It's because it's based on their lease agreement if that requires it. But the ones that I saw, there aren't any separate platted. If this was on a nonconforming lot, would you require a platted? Thank you. It was on a 40-acre track where it's not nonconforming. Would you require it? No. We don't require plats for cell towers. I don't think we ever have. Chris? Frank, to my knowledge, we have never required one. There are cases that we couldn't find anywhere. There may have been a subdivision created, but if it was subdivided, the lot would have to meet the requirements for whatever zone, whether that was the rural area, the urban area, or whatever. So we could not think of any offhand, and particularly the ones in the rural area. I don't believe we found any that had been platted on. Well, while I've got the mic, let me ask you, Chris, did we or did we not say when we've done other cell towers that our preference was for parks and schools rather than for private property? Okay. Co-location is, I don't know if that's in our ordinance, Frank. I know at one time we were looking at those things. Some communities that did that kind of got into trouble because it was pushing the contractual arrangements and the revenues associated with them to public entities versus private entities, and in some communities that became an issue. We do encourage them on government properties, but not parks and schools, but on government properties. And if there's no government property available in the search ring, then there just isn't. I mean, private property is okay. Okay, Mr. Berkley. I guess, and I don't know if you're going to be able to answer this, is there a lease here? No. There is no lease. There's no monthly payment? I don't know the details of the agreement. It's an easement agreement rather than a lease agreement, and Mr. Briggs could possibly answer that for you. Well, and then we've gotten a letter here from a party, Fayette Alliance, and they're stating that there is a case, and I'm just wondering if you have reviewed this. I don't know if you've seen this or not. There was originally going to be a lease, and when it was discussed about whether that would cause it to become more nonconforming, because it says in KRS 100 that if a lease causes a subdivision, not saying that it does, but if it does, then you can't take the property below its minimum lot size. Right, I understand that. And that was written before the easement agreement was done that there was originally going to be a long-term lease, but that is no more because we were afraid that that might violate Article 25 and KRS 100, And so that's not the case anymore. Yeah, and I don't, again, I have to come to you here. I don't know if, you know, because there's some form of payment, you know, would it technically be considered a lease, even though it is in an easement form? And if so, does this case, this Sizemore versus Madison County Physical Court, become an issue? I don't know the specific terms either, but we did look at this. The Sizemore case is completely different. Now, someone else is probably going to tell you it's not, but I'm telling you in my opinion it is because it was dividing a 97-acre tract into 523 separate lots to create like a neighborhood that was going to have residences put on those through mobile homes and that type of thing. It wasn't this situation. You know, easements are paid for all the time, so I don't think that necessarily makes it a lease. Okay, Mrs. Beatty. This is more of a clarification question, Barbara. When you talk about an easement, and this is the first time since I've been on the commission that we've dealt with this, so how do we distinguish between an essential service like electric or sanitation versus a non-essential service? Do we have categories to say that sale is essential? I don't know that you do or that we do, but when you consider E911 service, I would say that's an essential facility. Okay. And how is E911 functioning now? I mean, are these anyone outside of a certain parameter not able to communicate if someone calls? No, but they're in the area, and their calls get dropped probably as much as anyone else's do. And so if that happens, then that would be critical. I mean, if it was somebody in your family, you wouldn't want their call to be dropped, you know. And they're just discovering this. Is that? I don't know that they're just discovering. Well, I don't know how long. Go ahead. Okay. So you'll address that when you come up. Okay. Okay. I'll hold up. Okay. Okay. Any other questions? Yes. I'm not an attorney. I think we should be focusing on this application as a land use more than the terms of a lease. It's going to be a non-conforming lot, but we need to consider the land use compatibility, I would just suggest. Okay. Anything else? All right. Is the applicant who wished to speak? Thank you, Commission members. Todd Briggs for the applicant. What is being passed around is the photo simulations that were done this week, showing before and after photos of the proposed tower. It's been a long day. It's been a long agenda. I'm going to shorten my presentation, but I do want to cover a few things. that I think help clear things up. This search ring is developed based on a need for a coverage gap. There's two types of coverage gaps. There's the physical coverage gap that you'll have when you have no signal actually penetrating that area. That's fairly easy to explain. You look down at your phone and you'll have no bars. you don't have no bars. You can't make a phone call. You can't send a text. In this instance, we have a capacity gap. There are three towers within. The closest one is on Swigert Avenue, 2.2 miles. We have a site that is at the Kentucky Horse Park and then one near the Bourbon County line that is providing some coverage in this area but due to the amount of traffic that on the voice and data side, these towers can't handle that, and therefore we have a blockage issue. Just to give you some information, the Ironworks Pike and Russell Cave Road were designated by the Kentucky Transportation Cabinet. Russell Cave Road is a rural major collector. Ironworks Pike is a rural miner collector. The most recent studies in 2010, a portion of Ironworks Pike to the immediate west of Russell Cave Road handled an average of 2,318 vehicles per day. In 2011, a portion of Russell Cave Road to the immediate north of Ironworks Pike handled an average of 3,198 vehicles per day. And another study in 2011, Russell Cave Road to the immediate south, Ironworks Pike, handled an average of 3,648 vehicles per day. So the search ring is developed to place a site within that area to work with the three other towers to provide that service. AT&T has experienced an 8% blockage rate in that area. And what 8% is basically, figures out to be about one every 12 or 13 calls is either being blocked from being able to be made or is being dropped. So in that instance, you go to make a call. The call fails. You look at your phone. You've got four bars, three bars. You don't understand. or you're driving along and you may be communicating with the tower at the Kentucky Horse Park, but as you get farther away, you start to transfer to a different tower. That tower is at capacity, so then you drop your call. You call your friend back. You go get your phone. I've got three bars. I don't know what happened. So we've got an 8% blockage in this search area. Once the search ring is issued, a site acquisition firm goes out and looks for viable candidates. In this search area, 14 parcels were looked at. Out of the 14, three became somewhat viable. To answer, I'm not sure, the question regarding the school, the school did not want the cell tower on their property. They were approached and they denied our request. This site that we have now is the best candidate. As you can see, the distance from Ironworks Pike is roughly 1,300 feet. It sits currently in a grove of mature trees that provide natural screening to Ironworks Pike. the type of structure that we're using is the least intrusive structure of the three. You have the monopole structure, the lattice type structure, and the guide tower structure. And in this instance, we're using a monopole structure. And one of the more important things, I think, with this application is our tower is not going to be lighted. The FAA and the Kentucky Airport Zoning Commission does not require it to be lighted. So in a rural area, I think that's very important. One of the other things that's interesting about this location, is if you look at some of the photo sims, if you're knowledgeable about this area, The AM broadcast towers is just off to the west there. There's four guide towers. I think the tallest one may be around 500 feet. Each of them are painted red and white, and they are lighted. So in the backdrop of the existing towers there, along with the fact that we're set back so far for the road, were set along some mature trees that provide natural screening. I believe this makes this site a very good site for consideration. And we are in agreement with the conditions and would request your approval. Okay, thank you. Are there any questions? I'm learning. will your cell tower signals in any way interfere with your radio signals? No. In fact, part of the documentation that was submitted recently was a study that we commissioned from SiteSafe that is a two-part study. They do a pre-construction study and then a post-construction study. And in the pre-construction study, they basically stated that there would be no interference issues. All this is obviously regulated by the FCC. see if there is some sort of interference issues down the road, it would be on us to resolve. And, you know, it's not unusual for a tower to be near broadcast towers. Even if, in fact, they increase their capacity for broadcasting, let's say if they had 25,000 watts, they could go to 50, that wouldn't hurt? No, with the AM signal, what you're mainly worried about is the signal being rebroadcast back to them. Okay. And what they can do is actually detune our tower so that doesn't happen. And right now, with the pre-construction study that was completed, there's no concern whatsoever. Okay. Can I follow up with one other question, Mr. Chairman? Related to the right now you've got three towers located in that area. Right. This would be the fourth tower? Within that portion of the county, I mean, I don't know if area was the right term. The closest one is 2.2 miles. I think Kentucky Forest Park is well beyond that, and the one near the county, Bourbon County, is much farther than that. Then in your projections, what happens if the capacity fills with that particular tower? Do you go to another tower, I guess? As far as the three that are, yeah. I mean, it's the amount of call volumes, the amount of data usage in the area that kind of dictates the capacity. So right now, all of these three that are working in conjunction in this area, their primary focus is the area that they're near. But they are able to cover this area so far. But the increase in traffic in this area has caused this blockage problem, and hence the drop calls and the calls not being able to be made. Okay, thank you. Okay, Frank. Yes, sir. Mr. Help me understand your arrangement, length of time, why you would put a tire there on a lease-by-lease basis. Is it month to month? Have you got a 20-year lease? Help me understand how permanent this is. We entered into an easement agreement for 25 years. It's a 25-year term. And the road will be blacktop and you'll have access just to that? The access is already there. The blacktop is required under the ordinance, so it will be. Your access is the farm road. You're not building a separate road. That's correct. It's the farm road. So there's no security to it. Your access is the farm road. Right. Where other towers would have their own driveway to it. There's some security there. Yeah, for the most part. I mean, we'll have some, the actual tower compound will be obviously with the fence and locked. There will probably be a lock somewhere along that access road, but it's not an exclusive easement. And my follow-up question to you is that if this doesn't interfere with WLAP radio station, why would they not let you locate inner area on their same property? I don't know. They just did not want, we're not entertaining our offer. Did your approach casting about putting it on top of their water tire that looks like a stone? I think that was out of the search area. So that's two miles down the road further. If your tire fills up, are you going to have to put another one down there between that and the horse park? I probably can't answer that, but I don't, and we don't right now anticipate needing another tower if this site is built. I guess where I'm going with this is that we know that technology changes all the time. You're making an assumption that you're going to need that tire for 25 years. That's correct. Okay. If you go back and look what's happened to technology in 25 years, cell phones may not even be the thing to use. My question to you on this is I don't understand how we can take a piece of property that's in a rural area, that's in a scenic byway, and that is the only place you can locate it that works within your service area, and yet you've told me that the horse park has one out of Bourbon County Line has one, and Swigert Avenue has one, and both of them are way more than two miles away. Well, they're not working. The one at Kentucky Horse Park isn't working with the Swigert Avenue Road. They're going to work with this site. The proposed site will work with these three. The problem is with the three that we have now, is it providing enough capacity for the area? We can maybe get the signal out there, but when you extend your signal, you actually increase your capacity. You increase the amount of traffic coming in because you're obviously covering a larger area. So there's only so much you can do. I mean, obviously, if you're out in the middle of more rural area than we have, you can build a tower, and it can cover a greater area. But it's when you get the traffic, the amount of calls, the amount of data usage, where you have the problem. So our emergency services use your towers? 9-1-1 services, people with cell phones use the 9-1-1 service. And one of the things that we have to realize, too, is more and more individuals are giving up their landlines and just basing their telephone usage on cell phones. So that's their only connection to a 911 emergency service. But if I'm in my house and I live on Mount Horb and I call for an ambulance and I call on my house phone, it doesn't affect your cell tire, does it? No, it doesn't. If I call on my cell phone for emergency and I'm more than two miles away from your tire, does it affect that tower? Each tower is different. I mean, each tower has a different coverage pattern based on topography, based on trees, things that may block that signal. So I can't really say. Okay. Okay, Patrick Brewer. So you approached Russell Springs. You approached Clear Channel. Both of them denied it. Did they give you reasons as to why? No, I mean, just, you know, there is documentation in the application. I think we have an e-mail from either the school or Clear Channel and a letter from the other, but the school basically said they are no longer contemplating cell towers or cell structures on their property. That's what the e-mail or the letter said? Yeah. And what about Clear Channel? They just were not interested in entertaining our offer. And did you try to increase the offer? Well, it wasn't a financial offer. It was just an offer to locate a tower on their property. Okay, so there's no compensation for the 25-year lease? Yes, there is, but the initial approach by the site acquisition firm, when they asked the question, would you be interested in providing space for a cell tower, they were not interested at that point. It never got to the point where we were negotiating compensation. that's probably a good reason why they denied it then would be my guess so they denied it before they even would hear an offer okay my point's still the same if you if you were to have offered them money i think there would be a good possibility that would have given you a different answer it's okay so you started to talk about this before you've got existing towers within a certain radius Three other ones, if you increase the power, you can actually increase the amount of traffic, therefore not fixing the capacity issue that you have. Is that correct? Well, you can broadcast your signal in a wider swath, but what you do by doing that is you bring in more users, and then the towers itself can only handle so much capacity. So no matter how wide you bring in your bandwidth or your spectrum, whatever, Once you hit that limit of amount of calls or data usage, then calls start to drop off or they're blocked from going through. Okay, so pick a tower anywhere that's supplying X number of calls. If you run into this problem in another area, a downtown area, what do you do then? Do you increase the power there? If the tower site is maxed out as far as what it can handle as far as usage, then we have to build another site. And, you know, the good example is downtown. Obviously, there's a lot more sites downtown Lexington than there is in the rural areas of Fayette County because of the amount of usage in the, you know, the downtown area. Okay, so, sorry, we're getting more technical. and I think we need to, but I'm trying to understand why you can't just increase the capacity at the existing sites. They have a limit. You know, there's a limit that they can only handle so much. For one tower or is it one geographic region? For one site. You know, you can increase the amount of radio equipment to a certain extent, but at some point it can't handle. You can optimize it so far and then you can't go any farther. You know, obviously if we could, it would be a much lesser financial outlay to, you know, boost signal or increase the capacity of one tower than, you know, building a new one. Okay, so you couldn't just put another one beside another tower with another set of antenna and such? You'd have, you know, the way these towers work in conjunction with another, it's kind of like a whole network. And so you optimize this network by placing the tower in this search area. You would help that one area by placing the second tower right next to the tower you're speaking of. But you still have the problem where we'd have right now. Well, we'll hear the rest of the discussion. It seems to me a wrong place to put this. and with all the protection that we invest in for our green space around Lexington, this just seems wrong. Okay, Ms. Phillips. I have a quick question. I think you just answered it with respect to Patrick's. When you run out of capacity at this site, will you look for an additional site? So we're talking additional cell phone coverage across the county, or will you go higher? Will you change the physical infrastructure of this particular monopole structure to accommodate additional capacity? Well, we don't anticipate needing another tower nearby this area. I mean, when the RF engineers base their study on what they have, they locate the search area. If there was a need for more than the one tower, they would have designated two search areas, which is rare. But you can't always, you know, we don't know what's going to happen in the future. You know, 20 years from now, what's going to happen in that area? But we don't anticipate needing another tower nearby. But, yeah, back to the question. But if there is a need for additional service, whatever it might be, it's an extra tower, or is it a change to the physical infrastructure of the tower that we're describing today? It's an extra tower. You know, we'd optimize as best we can this tower, and then we would... Could you potentially make it taller since that's a consideration here today is the height? You could make it taller, but in a capacity site the height is not the issue. It's the amount of usage. If it was a coverage site where we didn't have the signal and you had no bars on your phone and you're trying to maybe get over a hill or some other type of terrain then the height becomes an issue. But in a capacity site, it's not so much the height. And one of the things we'd like to do is keep that height below the 200 feet level so we don't have to possibly light the structure. Okay. Ms. Beatty. And I know we are spending a lot of time on the technical part of us trying to understand this, but I do think it's time well spent. But this question may be a broader question for us to examine in a work session, because as we continue to grow, I mean, do we just continue to try to find places to put towers all over Lexington? What do large cities do? How do they manage that? And do we commit 20 years out every time, you know, as we continue to expand? And I'm thinking of the web games. I guess we did something more temporary to get through the World Equestrian Games when they were here. I'm thinking, trying to figure out how do you do something temporary without committing to a 20 or 25 year, but then how do we view this from a totality? Where are we going with this as we continue to grow and we need more technology? Do we just have these towers everywhere in your city? How do we manage that? So that probably is another question. I guess one of the things, I don't think we need to fear like a proliferation of towers in the next few years. I mean, as Ms. Racker said, the last tower, I think, was probably proposed five or six years ago. And one of the things that, as far as AT&T does, and I believe most of the other carriers do, their number one choice is to co-locate on something that's already there. That's one of the things that this tower has built for multiple carriers, so that will provide an avenue for other carriers. And one of, in my opinion, the unique things in this industry is the competitors actually cooperate in that area. Okay. We've had some citizens out here. If you all can just hold your questions. Does anyone in the audience want to speak to this? if you've been here about five hours like us. Would that include an opposition? Anyone that wishes to speak? Briefly. Looks like you've got an hour worth of charts here. We don't want all that. Brief is going to be a challenge, I'm afraid. What? I don't think anybody's going to make that mistake. Good afternoon, members of the Commission. My name is Cliff Ashburner. I'm with Wyatt Tarrant Combs. I'm here representing Skip Jackson and Jeannie Owens as well as some others in the area who are concerned about not only this tower, but the precedent that this tower and the arrangements that have been created around it will possibly set for future land use in the agricultural area of Fayette County. Sometimes the impossible is just impossible. Sometimes you have a property on which you just can't do any more. And we believe that this property is that case. Sometimes it's just too much. You're asking too much. I certainly admire the work that AT&T has done. I have an AT&T phone in my pocket to look for alternative sites, and they found one. The problem is they found one that you can't put a tower on. and I think they need to keep looking. And so I'd like to go through my presentation. Barb, thankfully, is handing out copies of my materials as well as alternative findings of fact for your review and hopefully for your adoption tonight. So with that, I would like to just go through a few major points. The intent of the cell tower regulation, of course, in the year 2000, state law allowed local governments, local planning units to regulate the location of cell towers with finality. Before that time, there were mere recommendations that then went up to the Public Service Commission. and so the intent of the cell tower regulation as it was written was to allow towers while also protecting the essential character of the community. With regard to the easement, we don't believe that you can place a tower on a quote easement without destroying the intent and several provisions of Article 25 which govern telecommunications towers. The subdivision by lease or otherwise, and we believe this is a subdivision, of a non-conforming lot is certainly prohibited. This lot is 27 acres. The minimum lot size in the AR zone is 40 acres. You can't chop up something that's already too small into even smaller bits and continue to comply with the ordinance. Changes in the land use to make this lot more non-conforming are also prohibited. The waivers that have been proposed have not been adequately justified, and as you'll hear from some of the citizens out here tonight, the tower is going to have a real negative impact on surrounding properties. Again, with regard to the cell tower regulation, in 2000, you all were given final approval. You passed regulations in 2000. Since 2000, cellular telecommunication facility has been defined as a lot, tract, or parcel. not an easement, an easement where you would have non-exclusive possessory rights, but a lot, tract, or parcel. I took this straight out of the regulation. Actually, this came from the staff report when the regulation was being considered in 2003. This has to do with the height-to-yard ratio, but you see there the change in 2003 was not to allow cell towers on easements, but to recognize that the long-term lease areas were being used. I do believe, and Tracy was correct that somebody in the audience would contradict her interpretation of the Sizemore case, that if you attempt to lease a defined area of property, not a space in a building, but a defined area of land, that that meets the definition of subdivision, that meets the definition of subdivision that's in your subdivision regulations, which is an exact copy of what's in KRS-100. Again, the 2003 language, this deals with the lease area and the use of a lease area on a non-conforming lot. In cases where a cellular antenna tower or antenna is located on a portion of a property whose quote subdivision is based on a long-term lease, recognizing that long-term leases were being used, the lease area shall not take the parent tract below the minimum lot requirement. Here, again, we're in an area that requires 40 acres. We have 27. This is the current version in which there's no change. You'll notice it went from L to M. That was based on the renumbering of a paragraph. With regard to the tower being located on an easement and why we believe that that's inappropriate, first off, if I could stop for a moment, The memorandum of easement that was submitted to you, I don't know if you were able to get it. I received it this morning. It looks very much like a memorandum of lease. It provides for an exclusive easement, which implies exclusive possessory rights. That building does not look like a building that is going to be used by anyone other than the company. The fact that there is security fencing around the easement area and that it is to be locked, again, is an addition of exclusive possessory interest. And it's for a definite term. It's for 25 years. It's not forever. It's not for as long as the water line exists or as long as the telephone pole is there. It is for 25 years. At the end of the 25 years, it will stop. That's a lease. That's not an easement. I recognize that the line between a lease and an easement is not always bright, but I believe in this case this is a lease. Consistent from 2000 to now, the exception being the addition of the long-term lease boundary, in 2003 the long-term lease concept was added to the regulation, and there was no change in the 2008 revisions. again the reason the reasons that towers cannot be located on easements you have height to yard ratios and the height to yard ratio is measured also from the boundary of a lot or the long-term lease area with an easement you would not be able to do that the so you have the height to yard ratio there, the high-to-yard ratio requirements, the long-term lease effect on lot size in 25.5M, and then the design standards for agricultural zones. I think that it's critical also to think, if you can't achieve, I mean, what's basically happened here is the initial application came in with a long-term lease on a property that was too small. Then they looked at the regs and said, oh gosh, we can't do a long-term lease because it says right here, if we have a long-term lease area and the lot's already too small, then that violates Article 25 and we're going to get denied. So we'll call it an easement. And by calling it an easement, we'll hope to get around the regulation. If you accept that interpretation, you may as well strip out anything to do with height-yard ratio and anything to do with lot size in Article 25. because every tower that follows this case is going to locate on an easement, for a definite term, with exclusive possession. And you'll never be able to really regulate their location in the way that you intended in 2000 and 2003 and 2008. Now, with regard to the property, it is nonconforming as to size. It may be nonconforming as to land use. It may just be illegally used. We're not sure about that. There's really no evidence in the record one way or the other. But the property is 27 acres. It currently has 10 residences on it. In the AR zone, one residence, 40 acres here. 10 residences, 27 acres. The setbacks are 300 feet from the front yard. AR allows for tenant homes only if all yard requirements are met for principal residents. you'll see on the aerial photograph, and I think you probably saw on the plans that were already presented, that I don't think the nine homes along Maddox Lane come anywhere near meeting that requirement. This is a subject property. It is, unfortunately, difficult to see. Thank you. And this area is where you have the nine residences. principal residence down here, there's a small lot that's been subdivided kind of in a U shape out of the middle. There are also the barns and other accessory structures that you would typically find in an AR zone on the property. As I said before, subdividing a non-conforming lot is prohibited. It's almost self-evident. If the lot is already too small, you can't make it smaller by dividing it. The subject property is 13 acres below the minimum required and is proposed to be divided by lease, and we continue to contend it's a lease, to remove up to 10,000 square feet from the total. The memorandum of lease that was provided contains a legal description of 2,500 square feet. That's a 50 by 50 foot area designed to hold a single one of those buildings and a monopole. The whole argument about co-location requires additional buildings to hold additional equipment and then locate additional antenna on the monopole and requires a larger area, a 10,000-square-foot area. With regard to the nonconforming use, the property currently contains 10 homes. AR only allows one. The current configuration, you can see one home per 2.7 acres, not one per 40. the principal use of this property is as a residence and the addition of a use, even a permitted use on a lot and a lot that is non-conforming that also has uses on it that are non-conforming is contrary to the intent of Article 4 of the zoning ordinance. These are the homes in the back. They all are very similar. I don't know what's happening there. There we go. These are the nine homes you can see. They're not bad homes. They're just nine of them on one lot, in one area of that lot. With regard to principal structure, you're only allowed one principal structure on a property in the ag district. And you can see what meets the definition of a structure. Anything that's constructed, the use of which requires permanent location on the ground, I would argue that you have multiple structures in any typical cell tower. A principal structure is a building in which it's conducted a principal or conditional use. This is important. Where a nonconforming use is the primary use, the building in which it is located shall be deemed a principal structure. So again, you get one principal structure per lot. In Article 3.1, there shall be no more than one principal structure and its accessory structures on any lot or parcel of land in the Ag Zone. So what's an accessory structure? There's the principal one. It's on the main home on Ironworks. An accessory use or accessory structure is a use or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental to that purpose. The telecommunications tower right here is not accessory to a residence. A barn maybe, a shed, a garage, some kind of greenhouse perhaps. That tower is not customarily incidental to a residence in any place I have ever been. It's just not. The treatment of the scenic byways, I have to take issue with staff's interpretation on the design of the tower and the location of the tower. Ms. Rackers mentioned earlier that the design needed to be an alternative cellular design or you could move the tower back 300 feet from the road. the regulation actually reads and in an ag zone you are required to design your cell tower if it's going to be allowed at all and we don't believe that it can be here as an alternative design which would be a bell tower clock tower church steeple something like that only if you can't do that and there's been no showing that that's even been attempted here only if you can't do that do you then get to camouflaging the monopole? Here they just kind of skipped it all and said, well, this is what we want, so we'll have that. And then with regard to the discussion of utilities, Ms. Beatty, you mentioned before, is there a distinction between utilities that are essential services and utilities like cell towers? I think a reasonable distinction would be which ones have condemning authority. if you can't reach an agreement with a water company and they still need to get across your property they have the ability to come condemn a piece of your property pay the difference in value and provide that service same thing with power companies the same thing with gas lines that is a protection or a power rather not given to cell tower companies the reason that they came to this site and I think it's admitted and it's in the record in the alternative site analysis, is they found somebody who was willing to make a deal. There's nothing wrong with that. But I think that that demonstrates that there is a distinction between a utility and a cell tower company, a cell provider. Also, the regulation itself recognizes a difference between utilities and cell towers. Article 25.4, utility poll is listed as a possible site for a co-location. I will. And so I think that there's very clearly a distinction there. Final thoughts. The applicant carries the burden of demonstrating that it complies with the zoning ordinance and the comprehensive plan. It hasn't met that burden here. You heard no evidence regarding the comprehensive plan of any merit, really. and I think that any evidence regarding the zoning ordinance is flimsy at best. The purported easement, as I said, violates the intent of Article 25. The property is already developed too intensely. It's already nonconforming at best as to use, and it is clearly nonconforming as to size. Some other neighbors in the area will come up and talk about the negative impact on the character of the area. I appreciate your time, and I'm happy to answer any questions. Okay. Let's hear from the other area. We can ask questions later. Okay. Thank you. Before you speak, your name and address is for the record. Raymond Jackson. Three minutes. I'm at 1795 Iron Works, which is the infamous neighbor to the east. I keep reading the documents, and I'm the neighbor to the east, apparently. And I'm also on 1791 Ironworks, which is another home right next to it. I did bring just a couple of pictures I'd like to put on the overhead. I will make this as brief as possible. There are a couple of things that jump out at me, many things. This is the property line. I am to the right of the fence on the right. To the left is where they proposed the road. As you can see, there is not a road there. There is no existing road. So I take issue with that. There is not an existing road. It's supposed to be a 12-foot wide paved road, which is going to cause drainage problems, erosion problems. I can think of several issues. but those are just a couple. If you can go to the next picture, please. Now, can you go back to that one? I'm sorry. That is the better picture of where the tower is going to be located. The three trees, I'm sure you guys can see them. Just to the left side of the fence, there's three trees there. That apparently is what the foliage and the blockage from the road is supposed to be. As you can see in the wintertime, there is no blockage. You're going to be able to see right through that. So that's where the tower is going to go. Next picture, please. Thank you. I think this is from the backside of the property, the Maddox Town view right here. I am on the property line here taking this picture. Maddox Town is behind me. The nine other houses are to the right. You can look and see the three trees right there. Yeah, thank you. Thank you. All right, I'm not too good at working this thing. But here's where the tower is going to be located, here. So this is going to be Maddox Town's view of the cell phone tower. I'm going to switch to the next one, please. This is a closer shot. Here are the trees. Can you slide it down just a little bit? Yeah. These are the trees here. As you can see, this one is already falling over right there. And these trees are very old. They will be falling soon. So as far as being able to block from the road frontage, this is my fence line here. The tower is going to be right here. As you can expect, I am very concerned with the proximity to my house and my property. It's going to be about from here to you, ma'am, from my property line. Next picture, please. Thank you. This is from the proposed site looking back up to Ironworks. This is apparently an existing road, but I don't see the road there, So I do have issue with that. Just to give you a better picture, this is my property here. Here is my house. Next picture, please. The erosion problems that I'm speaking of. Next picture, please. I only have one or two more. This is a closer view from my property fence. The tower is going to be nestled right here. So it's very close proximity to my property. And finally, the next picture, please. There is a geographical question here. I know that there is a cave on my property. This cave is a cave system that goes all back through there, and it's supposed to connect to Russell Cave. This is the cave entrance. Now, right above this cave here is right where the cell phone tower is going to be, maybe 50 yards from the top of that cave entrance. Next picture, please. And this is a view from the cave looking back out. As you can tell, this is a sinkhole here, a natural sinkhole that has just fallen in over the time. I know we're all aware of sinkholes here in Lexington. And this area right here is a natural drainage area for when it rains really hard. I've seen it done many, many times. The water comes all around the neighboring properties down into that sinkhole, into the cave. And that is filled up to the very top many times, sometimes several times a year with flood water. And it goes out the cave and it protects all the properties around me, including mine, from being flooded because it goes down there. Okay, it's been about five minutes. Okay. Next picture, please. I will make it brief. I apologize. I have a well in the sinkhole next to the cave. It can be a functioning well. I'm afraid of contamination with the cell phone tower being that close, the drainage, and the runoff from the 12-foot-wide road all the way back. And then lastly, I know that I do horse operations on my farm. It's a 20-acre farm. I've had it for 20 years. It's my biggest investment. I love that farm. I love the brew gas. I've had folks already tell me, our clients of mine, if the tower goes in, their horses are leaving. That is going to negatively impact me. It's going to negatively impact my property value that I've worked so hard to appreciate and enjoy. I think we can all understand that. To have a couple of block calls here and there, I know that is a big deal and it's annoyance. No one on Ironworks Pike should be on the phone texting driving down the road anyway. It's a very dangerous road. So just keep that in mind, and I'll skip along to the next person. All right. Thank you very much. Thank you. Let's try to stick closer to three minutes so everybody can speak. I'll be real brief. I'm Martha Jane Mulholland. My husband and I have a farm at 2245 Ironworks Pike. It is in kind of an L shape, comes out on Huffman Mill Road, so we're very much circling where this tower is going to be. I do want to ask that if you would please take note of a letter that was written by my neighbor across the street, Mr. Kessler. We are all very, very blessed in Lexington that Mr. Kessler and his family have moved here. I don't know if you're aware of him and his daughter. She is the youngest equestrian Olympian in history. She's almost like a savant or something for horse riding. She's brought a tremendous amount of notoriety and very positive press to Lexington as we all try to save Lexington. And I do want to use that word, save Lexington, as the horse capital of the world as we're being attacked from many different directions in the horse industry in this town. This is just another one. Mr. Kester is expressing shock and outrage, and I am too. I have sold our PDR rights. I'm a very strong proponent of the PDR. and when I first heard about this, I said, no, that's not possible. This is in a beautiful rural area. We are fighting so hard to develop all the PDR rights. We moved to that area. Mr. Kessler, in his letter that you have, states he moved here expressly to this particular area of Fayette County for the equine-friendly nature of the area. I actually had someone here from South Dakota who's moving his horse to Lexington. This is a very rare incidence of a mayor owner not leaving this area. He's coming. And he said, this looks like you all live in a postcard. And I said, that's what we say all the time. It is so beautiful here. We do not need another tower such as this. And I love AT&T. My dad worked for them for 39 years, and I have an AT&T phone. I don't know if it's of any use or if it's an ancillary kind of information. My husband would really like to find out why my phone's running up such high bills if we have such bad service. But I talk on it constantly. We have a farm where we have about 100 mayors on it. It's absolutely essential that we are able to reach vets at all times, day and night. I've never had a problem. I would ask that you honor your PDR compact and pledge that we've made to each other, that we do the best we can to preserve the area and its nature and its scenic byways and the bluegrass driving tour that we live on. And don't violate it with something as heinous as this will be. It will be completely disruptive. It's not going to look like a postcard anymore out there, I can tell you that. And I've never seen a 200-foot tall tree. I don't know what they say they're going to block, maybe the chain link fence around the bottom, but not the tower. And I haven't heard anything that says they've made an absolute effort to figure out where else they could locate this with Clear Channel or anyone else to see if we couldn't be cooperative and not just dot the countryside that we're trying to promote Lexington for. with one darn sale power after another. Thank you. Okay, thank you. Hi, my name is Stacy Mitchell. I live at 2043 Ironworks Pike, two properties to the west of the subject property. Like my neighbor, an extra neighbor that just spoke, my husband and I, we're in a thoroughbred operation. We're not a large thoroughbred operation, but we have 91-some acres and several mayors. And we, too, put our farm in the purchase and development rights. We were the last one on our street that joined as we were surrounded 360 degrees with properties that were on the PDR process. I feel like this is a betrayal to our area that we've lost the beauty very much of the south side of Lexington and the north side, the farm area you've got the signs there that say this is the horse trail this is the scenic drive I know we have the horse park, we love the horse park we get lots of tourists, we get the horse farm tour buses that come by and they wave at you if you're in your driveway this is the case of convenience. They found a taker, and they're going to work every trick they can to get this to go through. The last time we were down here, we were fighting the high residential development at Kingston Farm. We thought the interstate was a good buffer from the city to the country. That was kind of a process where it was done for economic development, which was a good settlement there from high residential to rural ed we feel that that's close enough we've got a tower at the horse park did they really try to get the schools it's recommended you wrote these laws for specific reasons for specific protections of areas and now were willing to change the law for one instant, for one tower, which as they said will be a precedent-setting thing, you always can find that one case where you change something just for something, one specific little reason, and then it just starts a whole flurry of change. In regards to the 8% call droppage, he used the example of you're driving by the horse park and you drop your call and it's frustrating. I probably have one or two drop calls a year. If somebody has drop calls, maybe they want to switch to Verizon because I don't have any drop calls. So, you know, AT&T, we really don't want your tower, and I don't need your tower. Okay. Thank you. Someone else? Yes, my name is Bill Howard, and I live directly. As a matter of fact, I have a 184-acre farm directly in front of this property. It's 1916, 1901, and 1900, or 1910. Anyway, directly in front of this property. And about four or five years ago, I made about a half a million dollar investment to build an arena to attract the world of Christian people that bring in these horses from all over the world. I'm talking about from China, Venezuela, Germany, and everywhere. And each summer, those people come to my farm and lease stalls and spend about six months there. And by the way, that first or second picture you saw of those beautiful bronze pieces with those decorations of ribbons, that's the entrance to my farm. And also there's a historical marker there that hundreds of people stop and read that. That's about the first publisher that was here in Fayette County. And the old historical home is located on my property. And anyway, I have tons of visitors. And just more recently, I had horses that I really couldn't say anything about because I couldn't have the press out there. I couldn't have anybody out there because I had Bill Gates' daughter's horses out there. I had the Nordstrom's department store horses out there. I had Pamela Johnson out there to spend one month. Those of you who may not know Pamela Johnson, she's from Washington, D.C. Her dad was the first entrepreneur billionaire in the United States and made that an entertainment business. He also donated $8 million to the horse park. These are the type of visitors that will be seeing this cell tower. Also, one of my clients or one of my customers, and Mike Owens didn't even know this, or Jeannie didn't even know it yesterday, but they were getting bids from my son on building a house on a piece of property that belonged to Mike and Jeannie and talk about building an arena like mine on that property, which is directly beside this property. And upon hearing about the cell tower, they pulled out and said, we're not interested. Anyway, that's about all I have to say. I certainly have nothing against my neighbor. He's a great guy, and I don't blame him. If I could make some money, I'd lease it to them. but I just don't think this is the right place for it. Thank you very much. Okay, thank you. My name is Wayne Richardson, and I would like to thank the council for the opportunity to speak against the proposed cell phone tower. I live at 3527 Huffman Mill Pike. And as the lady read when she started out about the recommendation, she used the word historical hamlet. She used that word. And also, if you look on the government website, it says historic hamlet. And they're trying to get around it, trying to skirt around it. I have lived in Maddox Town my whole life. I've built two homes there. I belong to the Maddoxown Baptist Church. If you show that picture, that last house, the church is right behind it on the side of those trees. The church and the cemetery. And that church is 145 years old. And it is within, to us, within 1,200 feet of a historical district. They might try to use words to get around it, but it is. Maddox Town does have history of Man of War. Maddox Town was created by freed slaves, and it is a historic hamlet. We have had troubles with the brewers before. They have a history of broken promises. Those houses that are on the property started out as one. Then they got extended to nine. These are rental properties, not tenants. They are rental. There used to be a fence that separated that property from Maddox Lane. They took the gate down and used it to access Maddox Lane. All those houses have on-work road addresses. And the problem that we have now is that when the city, county used to maintain Maddox Lane, it come to the edge of Boerth property and stopped, as far as they would blacktop. The problem we have now is those people that live on Maddox Lane received a letter from this city fire department stating that they would not come back on Maddox Lane due to the condition of the road. We have approached the brewers to help in assisting to maintain that road, and as yet we have had no response from them. If a tree blows down and blocks the lane, all the renters would drive down the lane, then cut across other people's property to gain access to Huffman Mill Road. That farm is not used as a farm, but as a source of income. And the reason that they said that they set the cell tower back was just to try to get away from the scenic byway. Iron Works and Russell Clay is a scenic byway. And if you've ever been down that way, you would realize it is. Also, they used the Article 25. If you look at 25 and 1, it says appropriate location. That is not an appropriate location. Article 13 and 1, it says that the council, it says that the qualities relating to the history of the county and the harmonious outward appearance of structures which preserve property values and attract tourists and residents alike be preserved. Then 13 and 2 says these regulations are intended to preserve and protect historical or architectural worthy historic districts. That's what the article says. That's what the council says. And I appreciate and thank the council for the foresight for creating the PDR program. And if you go on the council website and pull up Historic Hamlets and look at that, there is a PowerPoint which entails what the PDR program is about, and that is protection of the rural area. And as far as the future, if you want to see the future in approving this, if you ever drove I-65 between Indianapolis and Chicago, there's flat farmland, used to be, but now there's windmills everywhere. Now, if you want to ride down a country road, farmland, beautiful farmland, that's what you'll see in the future, cell phone towers. And that's why we're opposing. Thank you. All right. Thank you very much. Thank you. in the courthouse today? This lady, did you say? What I said was that the easement that they have agreed to has been filed in the circuit court clerk's office. Recorded in the clerk's office, yeah. Okay. So are you saying you took the power out of these folks' hands here? No, all I was saying is they do have an easement agreement. in the works and i've misstated it was it's the county clerk's office it's not the circuit court okay well uh historic district we've been uh redeemed as a historic district section 254c states that no cellular antenna tower should be permitted in all within 1200 feet of a local historic settlement. Magstown was officially settled in 1871 as the first free African-American settlement in Fayette County after the Civil War. The first church and school were built in 1875, which the old schoolhouse still stands there as today. And I have a great-great-grandmother back there in our cemetery, and she lived to be 106. She had a daughter that passed away at 100, got a birthday card from Ronald Reagan. Her picture was on Good Morning America, and the guy said, what a lovely young lady. But any conceivable war that you can think of, we have those veterans back there. We have Buffalo soldiers. We have World War I and two vets. Just we don't have any back there from this Afghan-Iraq war. Thank goodness for that. But as I said, we're historic. There was a great statesman from here in Fayette County by the name of Henry Clay. Historic settlement up the road here. the Nancy Todd Lincoln home historic who else can I think of Hunt Morgan House historic so Magstown you know we have a it's a lot of history there and we don't want to destroy it and I don't have anything against my neighbor I've been knowing him ever since I was a young boy he used to ride me on the back of his pony but the town was there it shouldn't be there and thank you okay thank you very much three minutes now you know what mr. King told me there was no time limit on I'm just kidding. My name is Jeannie Owens. My husband and Mike and I own the property adjacent to this location to the west. It is a permanent Bluegrass Conservancy easement and can only be used for agricultural purposes. I will be referencing Article 25, as everybody else has tonight, about the telecommunication tower section of Lexington zoning ordinances. I have examples of a mono tower. I know you've already seen it today. Could you show the other one, please? That is with two banks of antennas. Now, when they said they're going to add or co-locate with another cell company, they're going to add to that. So you may look up in the sky and see three or four of those banks going every which way. And that's what we'll be looking at from our house. The intent of the Telecommunication Tower Zoning Article 25-1, and I quote, is to provide for cellular telecommunication towers in appropriate locations throughout the community at sites which provide adequate cellular service while protecting the public, preserving the character and the value of surrounding property, and protecting the view from the residential areas. End quote. I have in my possession three letters from the most prominent real estate agents in our area. Bill Justice is the first one. I also have one from Mr. Zachary, who's with Arnold Kirkpatrick, and Bill Biederman. Each one of these letters states that a cell tower in that location will devalue our property. Now, people would argue that point, but we did have a contract, as Mr. Howard pointed out, with a gentleman for the sale of this property. I have the contract right here. He withdrew his offer as soon as he found out about the cellular tower. He did not want to be looking at that after investing a couple million dollars in the property to improve it with an arena and additional barn and his home. Also, I wanted to point out that this Ironworks Pike is not only a Kentucky scenic byway, but it is also part of the U.S. Department of Transportation Federal Highway Administration. Ironworks Pike was designated as a scenic byway in 1996 by the official order number 97404. As to the WLAP towers, those towers were built in 1950, way before we had any ordinances. It's a mute point to point to the map. The applicant is asking for a variance on the landscape requirements due to the existing mature trees that provide adequate natural screening. In the wintertime, there is no foliage on those trees. Also, they're in decline. Some of them are dead. This one you can see has already broken off many times. The other previous one had a stump in it. So that is not going to screen that ridiculously looking building over there from our view or from anybody else's view. In the application, they are stating that they are going to build a 50 by 50. but if they do colocation, it will expand. They're presently talking about putting a building right here. The dark is 50 by 50, but if they take three additional cell towers to addition, they'll go to 100 by 100, and there'll be four of those structures within that area. I don't believe that they can screen that big of an area. In conclusion, I would like to ask you all to disapprove this application. Thank you. All right. Thank you. Next. Hello. My name is Brenda Combs. I live at 3547 Maddox Lane in Maddox Town. I live between Ironworks Pike and Huffman Mill. Maddox Lane is considered, and as a sign it says, it is a private lane. I wanted to tell you that because to get to those nine homes on that property, you have to drive Maddox Lane. It is not salted. It is not paved. My grandson refers to it as a road you drive down that will tear your car up. Also, the fire department is seven-tenths of a mile from my home. They drove down to tell us we needed to trim the trees in the lane in case they had to come to our home if there was a fire. We have no fire hydrants. Because it's considered a private lane, they say we have to maintain it. Also, I just wanted to tell you that there is no advantage for this cell tower. Majority of us have landlines and cell phones. Because if we call the fire department, if there's a tree down and all the men are at work, we can't cut those limbs down. Because I had to walk to Huffman Mills some days. I got home after a storm. The trees were down. All the men were at work or not home. They couldn't cut down the trees so that we can get out of the lane. So the advantage of a cell tower for Maddox Lane is of no use to those of us that live on Maddox Lane. Thank you. All right. Thank you. Mr. Chairman, I promise I'll be very brief. My name is Robert Barton. I live at 4095 Huffman Mill Pike, which is about a mile north of the proposed site. My brother and I farm in the northern part of the county, so I'm very familiar with this property as well as other properties. And I'd kind of like to expand a little bit their search area. I don't think they really, you know, antennas are very directional. Beginning at the Scott-Fedt County line, there are five cell tires within a four-mile period. We have plenty of coverage in the north end. Maybe not AT&T may have some spots, but I've never had a problem. And, of course, 9-11 goes to all companies. There's no problem in receiving a 9-11 call in our area. Just briefly, the government properties have been mentioned. They have a tower on Kentucky Horse Park, which is certainly a government property. There's some others there in the northern end that could be used. A beautiful undeveloped track behind Northside Library, 52 acres. I know that's going to be part of the Citation Road expansion, but there's still plenty. It's only 2,500 foot print, so it doesn't take very much land for a sale tire. The old Lindley School, as you know, has been closed. That would be an excellent choice. It's seven and a half acres. Again, there's about a three-acre lot. It was the old playground that's undeveloped. Our Kearney Hills Golf Course, if you're familiar with the golf course, you know that there's a maintenance barn, and there's about three acres on the other side of it that's not used. Again, a great place right next to the interstate. Non-Pacific sites are right in front of the golf course. Land has been cut off from existing farms on Spur Road by the interstate, that being Lackman Correctional, Drumland Farm, and Polk McLean Farm. There's two cell tires now on sites that were cut off by the interstate, one being on Hume Road, probably the first cell tire that might have been built on the Blackford property, right at the southern split of the interstate. Also, well, Kentucky American Company has a huge storage tank there that was built the time a Toyota came in. Another site is there close to the Horse Park, in behind Donnerville Fuel Station, on a piece of property that actually came off of when Smelltop Subdivision was built. Same property, but it was cut off by the interstate. As far as private properties are concerned, on Russell Cave Road, The old J. Winston Coleman home sites, 13 acres, undeveloped, right next to the interstate. And, of course, right across, going back out towards the country, you have the Anderson property that goes all the way through, as mentioned earlier, a zone for economic development. The Coleman property, which is in behind the Cracker Barrel on Newtown Pike, would be available. In Fasig Tipton, you would say, why in the world would Fasig Tipton want a cell tire? Well, there's two existing structures that were used for antennas that you probably don't even know about. One they have mentioned. They did a beautiful job at the horse park. When the Royal Games came in, they built the outdoor stadium. Those antennas are on a light pole that served the outdoor arena. You would never know they were there. I saw a gentleman on a high lift yesterday working on them. The second was Farmer's Feed Mill. There's an antenna on Loudon Avenue on the Green Lake. Again, you would never know that it was there. Fasic Tipton has a lot of light posts, and they've got light posts in the back of the property that could be heightened and certainly may welcome it because of extra use when they have so many people in for their sales. And finally, Vulcan Materials Company, the old rock quarry, I call it Vulcan Lake now because if you go out Legacy Trail, you see to your left that the old quarry is full of water. no longer used. But that's a 114 acre track. Only half of it has been developed. So certainly a tire can be there. AT&T has their own property on Outworks Pike. I'm amazed that they didn't bring that up and not even mention it. It's an acre lot right across the interstate from the horse park, right across from the Donnerill fuel station. An acre is not a whole lot of ground. But they only say it's going to take 2,500 square feet. Well that's You know, less than a tenth of an acre. It could certainly be built there. Again, I'm also sitting here thinking about if they had extended their search, they said they went to Russell Cave School and they went to Clear Channel. The very next farm, the old Malloy property, there's a 190-foot tire on it that's not being used. It was an old two-way radio tire that the farm used. It's there. It could be used right now. I'm going to give the gentleman this so maybe he would contact them because that would be an excellent site for that area. Thank you very much. Okay. Thank you. Anyone else? My name is Rita Stevenson, and I live at 3467 Samuel Lane. And the only other thing that I would like to add, you know, with all this good information that's been presented against, and even if you still decide to approve this, that a possible stipulation be added to it that for the installation, the maintenance, repairs, whatever has to be done to this tower, that it be accessed from Iron Works Road from 1811. I think that there was mention of a gravel road that they were planning to extend. It wasn't said there, but I believe the gravel road that they're speaking of, because the gentleman showed in his picture there was no gravel road where they were talking about. I think the intent is to come in through Maddox Lane, which is a private lane, and it is in grave need of repair. It is not city-maintained, and Maddox Lane ends at the property, the rural property. So, you know, Maddox Lane does not need that excess travel, the trucks, the wait, whatever happens to come through there for the neighbors to have to contend with. And here again, this is a lane, and only one car can get through there at a time. So, you know, initially, as you're talking about installation, surely there have to be trucks coming through there, and I just don't see it happening. And if a road has to be paved to put in for that to come through, that it should come through the Iron Works address. And that was all I had. Thank you. Very good. Anyone else? Yes, sir. A lot of the ball go up in the party, I guess. My name is Carl Brewer, and I wasn't going to speak today, but so many of my neighbors have come out. A couple of things I need to address in the last point. Very specifically, the access will be through Ironworks Pike. Through our property of when Mr. Jackson showed the pictures, he didn't show the pictures coming up the other way, There's gravel down to a certain point to where the barns are. And then we showed the lane itself. Right now that is grass. We don't have to put gravel in there because we use that as access to the back property for the horses. This is a horse boarding facility as well. And that part would be paved back to the back with drainage. There's one spot where it comes down low, and obviously there would be culverts there. So anything coming down from our property to Mr. Jackson's property, that would be taken care of in the designs. We've heard a lot of people talk about Maddox Lane. And, yes, Maddox Lane is a problem because, what, 12 years ago when the city came out and changed all of these lanes from public to private, for some reason they took that property with, I think, 12 or 13 pieces of property and says, no, that's a private. That's not public, so we're not going to take care of that property anymore or that lane anymore. We have been fighting that battle ever since then to get the city to change that. I've been to the meetings, and there's no, unfortunately, they're unwilling to do that. It has to do with how some of the properties are deeded. One other thing I would like to mention is there was a gentleman here that says we have had trouble with the brewers. And since that is on public record, I will state unequivocally that my dad, who purchased the property in the 1950s, has done more and been a better friend, the best friend that the people of Maddox Town has ever had. We have never had any problems and caused problems in Maddox Town. And that's something that really offended me when that statement was made from one of our neighbors. Like I said, we purchased the property in the early 1950s. It was nothing but run-down cornfield, sheep, you know, tobacco farms. We have improved that. We continue to improve it. We pour money into that every year. People have been talking about the rental houses in the back. Those are plotted lands. We can go right over here to City Hall. We can pull up the plot plans. Every single one of those was done in there properly. As a matter of fact, there's plot rooms for two or three more if we wanted to put them on there. Those were approved well before the 40-acre, before the 20-acre. Those were approved well before any of that. So much of these things that people have brought up was done many, many years ago before there were restrictions. So as I see it, the question is, is there a need for a tower? And we didn't go out and solicit the tower. We didn't go out and solicit the company. They came to us and asked us if we would be willing to do that. Matter of fact, when they did that, we asked them, we told them, go up here to the church on the corner, because that would be nice to have the income for us, but it would be better for the church on the corner to have something like that. The church turned them down, then they came back to us. A gentleman here a moment ago talked about all of these excess properties that would be good for a cell tower. Well, that's fine and dandy, but none of them are in that circle. When they brought it and showed the circle that we needed, that included Russell Cave School, and it's not Russell Springs, I've told them that, but they still refer to it as Russell Springs Elementary School instead of Russell Cave. And Russell Cave School, the people that had been on the property know that the property itself is so small that there's no way that that could support a tower. And you can stick it on top of the old school building. That's even older than we are. One final point is that is a tower needed? And according to the studies, the tower is needed. Is a tower, is it legally the easement? Is that a thing that is acceptable? And from the lady that stated earlier that all of the towers in this area are on an easement, not a lease. So if the easement is correct, then the easement is correct. And we need to go ahead and do it in that fashion. And the only other thing that I want to bring up is that there was one picture that showed that. And that was a picture looking back from the tower. You come down on works, you will see the tower in the background. However, you will see four huge, big WLAP white and red towers with lights, with guide wires that have been there since 1950. And this tower, something similar to that, will be in front of it. It will not be lighted. There will not be guide wires. And that's the reason that we chose when we were looking at things. We could have put it closer to the church. We didn't want to do that. We wanted to bring it up into an area with the mature trees. And the waiver of the landscaping, that was just something that was put in there because of the trees. I would love to have AT&T go out there and plant me another couple dozen big mature trees. I mean, we love trees on the property. That's the reason we don't want to push it up further because we'd have to cut the trees down. We don't want to do that. They're old. They've been there since before we bought the farm, and we don't want to do that. But if any of you ever come out in that area, you see those WLAP towers. They're always there. You know they're there. You don't look at it. And as far as the horse boarding, these have absolutely no negative impact on the horse boarding. If so, the horse park would never have the tower on their property. Those studies have been done, and that's not a problem. So thank you. I just wanted to come up and express some of my frustration and ask for your approval on the tower. Very well. Thank you. Anyone else? Okay. Is there any rebuttal? No rebuttal. All right, so I'm going to close the hearing for anybody's piece of mine and turn it over to the Commission for any more questions or comments or motion. Patrick Brewer. Anybody else have discussion? I'd like to make a motion for, let's see, what is the actual terminology here? Based on the findings of fact from the opposition, I'd like to make a motion to disapprove or not allow the cell tower antenna, let's see, staff report CT-2012-1. Okay, so you're disapproving then? Disapproved. Okay. We have a motion and a second for disapproval of CT 2012-1. Any discussion? Okay. Everybody vote. That motion carries, so the cell tower has been disapproved. I want to thank everybody for coming and sitting out the whole time. We can still adjourn before the chairman gets back, if you want. He goes back in here. There won't be anybody sitting here. We want everything warmer. Thank you. Okay, folks, we're going to try and wrap this up. We've got a PFR that we've got here. Oh, you want to do the, yes, the, go right ahead. We'll do your text amendment. Yes, ma'am. Let's do the, let's do it. The next item for consideration by the Planning Commission today begins at the bottom of page 14 and continues on to page 15. It's a text amendment, 2012-17, which was initiated by the Urban County Council. You can also find the staff report behind tab 6 in your notebook. This is to amend multiple sections of Article 8 of the Zoning Ordinance as well as add a new definition to Article 1, make a few changes to 11-2, 12-4, and 16-8 of the Zoning Ordinance. and this is to define automobile and refueling stations and allow for dispensing of compressed natural gas and liquefied petroleum in the community's business and industrial zones. The Council initiated this text amendment in October, so the Commission has until basically the end of this month to act on it and send a recommendation back to the Council about the text amendment. The Planning and Public Works Committee met and expressed a desire to permit the dispensing of compressed natural gas or liquefied petroleum within our community because it is a more efficient and cleaner burning fuel for large trucks, buses, fleet vehicles, and even for personal vehicles. These dispensing locations could be beneficial to over-the-road truck drivers as they travel through our state and also to local businesses that would have larger fleet vehicles. So they could locate dispensing locations to share the fueling of those fleet vehicles. Currently, our ordinance does define an automobile service station, and it's a rather broad definition. It does permit the retail sale and dispensing of fuels for vehicles in most of our business zones. However, the ordinance also prohibits in those business zones the above or below ground storage of flammable material and specifically indicates compressed natural gas in the ordinance. So those two regulations are working in opposition to each other if we want to allow for the dispensing of compressed natural gas at locations within our community. For that reason, the Planning and Public Works Committee did initiate this text or asked the Council to initiate this text amendment, and this would regulate dispensing locations as a principal use in our B3, B4, I1, I2, and B5P zones and make it a conditional use in our B1, B2, B2A, B6P, and B2 zones. The zones proposed where it's a principal use are either linked to corridors such as arterials or interstates or on industrial areas, and that would allow dispensing stations to be co-located with the automobile service stations or to serve the fleet vehicles in our industrial areas. and then where it's listed as a conditional use or proposed as a conditional use, the reasoning behind that was because those zones are typically closer to our residential areas and they would be considered on a case-by-case basis that way. Additional restrictions are proposed as part of Article 16 to provide for some setbacks from the actual dispensing equipment. First, a 10-foot setback from sidewalks, walkways, parking lots, and property lines. A 15-foot setback from electrical source or overhead electrical lines. An additional 50-foot setback from a right-of-way line, building on another lot or railroad line. A 65-foot distance from a residential zone. and then making sure that our fire hydrant must be located within at least 50 feet of the equipment. So these setbacks are actually common throughout the country based on our American Planning Association's research, and it does allow for these above-ground containers to be buffered to some degree and create some spacing between incompatible uses. And the diagram I'm showing on the overhead does show a natural gas dispenser, which looks much like a regular gasoline pump. But in these type of situations where someone would drive up and just fill their vehicle with the compressed natural gas, there has to be a compressor system and natural gas storage and the dryer, which is above ground. And so there is some hazard because that system is above ground rather than underground with gasoline tanks. The staff did have one modification to the text that was initiated in 16-8C to remove the word and and replace it with or, just to make sure that everyone understood clearly that the list was meant to be inclusive rather than exclusive of whichever one would happen to be applicable. The staff and the zoning committee both recommended approval of this proposed text amendment with the alternative text, and I'd be happy to answer any questions. Questions? Mr. Prim? Yeah, Tracy, let me ask you, with the cheap natural gas, as well as with propane, but especially natural gas, this is going to become more and more useful in the AR zone because of grain dryers. to run grain dryers on compressed gas is so much more efficient and cheaper than it would the other. So my question is twofold. In the B1 zones that are out in the AR, would this be a permitted use or conditional use? And in the AR zone where we have quite a bit of grain dry now, we didn't have years ago, but we do now, big grain operations, how would we regulate that and would that be an underground situation or above ground situation? I believe it would still be an above-ground situation, but where if you as an individual property owner had a compressed natural gas system for your individual grain drying, there's no commercial aspect to that. You're not bringing other people to your property to do that, so it wouldn't necessarily be regulated. We actually had someone from Columbia Natural Gas come to the zoning committee, and he really provided a lot of information to the zoning committee about the whole process. And evidently, there is the availability of doing a compressed natural gas system at individual residences. It's not common, but you could do that for things within your house, so they would be able to do that on an agricultural property too. It's safer above ground or below ground? Above ground, yeah. And in a B1 zone, it would be conditional. Ms. Mundy? This probably isn't relevant to what we're discussing today, and I'm sorry to take up time, but is there any provision out there for electric stations as well because we're getting so many electric cars? We actually don't have provisions in the ordinance currently for that. We have, Mr. Sally and I have talked about that before, because APA did recommend providing stations within parking garages and such, but there hasn't really been a demand that we're aware of at this point. In a parking garage, it probably would be considered something akin to an accessory use currently. I think the ones that are a little more questionable would be the ones out in the open, depending on a public-private situation. Something like a mall parking lot, it probably wouldn't be a problem. I would think it would be something we'd want to encourage, too, as an alternative source of energy. Any other questions? Anyone else here to speak on this? Doesn't look like it. No other questions? We'll close this part of it and open it up for a motion, most likely. Yes, go. Yes, ma'am. Okay. I move approval of Zota 2012-17 with conditions of approval of the staff alternative tasks. Thank you. Motion's been made for approval with staff alternative tasks. I need a second. It says Karen Mundy. Karen Mundy seconded. Okay. So please vote when it comes up on the screen. Motion passes. Thank you. Ms. Wade, you're carrying us through the other one? Yes. Zota 2012-18 is next on your agenda. It was also initiated by the council within the last few months, and so the Planning Commission does need to act on it today as well. It is to amend Article 17-7E of the zoning ordinance. in order to allow in a P1 professional office and our mixed-use one zones to allow a building to have a third wall sign. This would only be permitted if the building it was being attached to were three stories tall or greater and had frontage on two streets, so a corner lot. Tab 7 is where the staff report is, I'm sorry. There is also a restriction where that sign could not be located next to a residential zone, so that would be prohibited on some sides of buildings. But in many of our P1 zones, there are taller buildings, so this would allow for multi-tenant buildings to have an additional sign to address their advertising needs. The only other thing I would say is that it's a step down from our other commercial signage requirements, so it does still maintain the philosophy of the less intense business and commercial zones, have the less intense signage as you go forward, and it gets more intense as we get more intense in terms of business zones. So the staff is recommending approval, and there's two reasons on your agenda and staff report. Questions? Anyone else in the audience wish to speak on this? Ms. Beatty, are you reaching for something? I was going to make a motion. Oh, okay. Motion. Please go right ahead. I move that we approve Zota 2012-18 to modify regulations for wall signage. And I think we do have a second. With the staff recommendations. Thank you. That have been sent forth. I did hear a second from Ms. Plumlee. Please vote when he comes up on the screen. That motion passes. Thank you. Thank you. Folks, we do have a PFR that is on page 16 as item 7. And in looking at it, we do have a deadline date of January 5th. So I'm sure Mr. King would tell us that we need to act on this one way or another. So, Ms. Rackers. This is item B under commission items, and it's PFR 2012-4. It is requested by the Commonwealth of Kentucky Department for Facilities and Support Services. And this is property located at 5751 Briar Hill Road, also known as 5749. It is this property right there. Here's Briar Hill Road and Haley Road as it comes off of Winchester Road that connects right there. There is an industrial area right across the railroad tracks. This is a railroad track that goes along the southern property line. It's one large property, and it contains about 332 acres. And it's zoned AR, and the entire property is known as Bluegrass Station. and what they're proposing will be on the northwestern part of the property that's not part of the Avon Rural Activity Center. Bill, if you could put the next picture up, please, the aerial. This basically is the Rural Activity Center, and then the rest of the property is just, it's all known as Bluegrass Station, but it's only this portion of the property that's the Rural Activity Center. the surrounding zoning and uses are almost all agricultural except for this area right here it's industrial and commercial it's zoned i1 and b1 and what they're proposing to do is construct a combination office warehouse building about 200,000 square feet and it'll have 154,000 square feet of warehouse space and then 46,000 square feet of office and then if you could put the site plan up there, please. They're proposing the 200,000 square feet right now, and then this would be in the future a 100,000 square foot addition. Access to the property is from Briar Hill Road, and there's an extensive and complex road system within the property. They have several parking areas scattered throughout the property, and they will construct a new one adjacent to their building. Right in this area here, they're proposing to have up to 768 employees. The 2007 comp plan recommends the property for Carl, which is, again, core agricultural and rural land use, and that would be for just this portion of the property that is not the rural activity center. The rural activity center is recommended for light industrial, and that's basically in recognition of the fact that it's been a major employment center for so many years. The intent of the Carl land use category is for rural land use associated with agricultural in Fayette County, and according to the land management plan, the rural land management plan, that land use category is for the preservation and enhancement of land for agricultural purposes in order to ensure viability of the agricultural economy, and it states that non-agricultural uses should be kept to a minimum. The Avon Rural Activity Center was built around World War II and it operated until 1992, and And the original purpose of the facility was for military and defense purposes. They still are associated with military and defense purposes. The National Guard has its headquarters there. The National Guard has its museum there. And Lockheed Martin is one of the tenants, and they do specs and maintenance of military equipment. So they're located out there. And most of the activities that are out there are military-related still. This new tenant will be similar to that. And because this is going to be located in the portion of the property that is not part of the Rural Activity Center, and it's on the part that's recommended for the agricultural land use, it can't be found to be in agreement with the land use element of the plan. But the text and the goals and objectives of the Comprehensive Plan do support this. And it states in the Comp Plan that the mission of the Irving County Government's planning efforts is to provide a vision for physical development that will allow Lexington-Fayette County to grow and prosper, promoting economic development and viable job development, while preserving the quality of life that makes it a desirable place to work and live and protecting and enhancing existing neighborhoods downtown and the rural bluegrass cultural landscape. Then there are eight themes listed in the comprehensive plan that provide a guide for planning efforts in Fayette County. One of those is enabling the creation, growth, and retention of jobs that promote a strong, progressive, and diversified urban and rural economy. And so you can see both the mission statement and the themes of the comprehensive plan support this. And then in the land use element of the plan, there's a list of land use principles that were used to formulate the plan. And one of those states used efficiently existing land resources within the urban service area and the rural activity centers. And that particularly applies to and supports this project. And then there are 29 goals and objectives of the 2007 plan that support this or that just apply to it. Those are on pages 3 and 4 of your staff report. And four of the goals and objectives from the 2012 plan that were recently adopted in May also apply, and those are on page 5 of your staff report. And Bluegrass Station is kind of an oddity regarding land use in the rural area. It's a major employment center that's almost entirely surrounded by agricultural land, and some of the land is PDR protected. It was once a federal military installation, and it was owned by the federal government. It's now owned by the Commonwealth of Kentucky, and for a time it will be owned by a private defense contractor, but it will still be under the control of the Commonwealth of Kentucky. The building is being completed as what they call a built-to-suit project for use and benefit of both the Department of Military Affairs and the Bluegrass Station. And by statute, meaning KRS, the property has to be conveyed to the developer, and then they will construct the facility for the defense contractor, and then that will be used for military-related activities. Then the Department of Military Affairs and Bluegrass Station will lease the property for 15 years. It's a complicated thing. They'll lease the property for about 15 years, and then it will go back to the ownership of the state. there is a creek on the property that goes along kind of along this property line there's no FEMA flood plain associated with that like there is on the other side of the railroad track but because the creek is there best management practices should be used and it will be critical when they construct the building, grade the site and do all of that other stuff and that's to ensure compliance with goal 3 objectives E and G of the comp plan, which address environmental protection and land stewardship. And as I said, because this is in the Carl portion as opposed to the light industrial area, it's not in agreement with the land use element, and obviously it would be more in agreement with the whole plan if it was. But there is no vacant space available within the rural activity center boundary within this area to construct a building of this size, and so the proposed location of this building is in the most logical place. and it's the most readily available space on the property. It's in close proximity to the Rural Activity Center, and so that will help to ensure that there's minimal impact on the rural area around it. It'll provide an opportunity for economic development and many employment opportunities, and those are both endorsed by the Comprehensive Plan. So even though it's not an agreement with a land use element, it is an agreement, a substantial agreement with a Comprehensive Plan, and we ask that you find it to be in compliance with the comprehensive plan and recommend approval of this. And we also ask that any permits that generally apply to construction, like engineering grading permits and building permits and inspection by the fire marshal, be done prior to construction and occupancy of the building. Mr. Steve Collins is here representing the Bluegrass Station. He is here for any questions that you might have, and maybe he can explain the complicated financial arrangement, But I'll be glad to answer any questions about the stack report. Thank you, Ms. Rackers. Mr. Penn? At the rate of getting candy thrown at me from my colleagues, I want to ask a question about, explain to me how this is not an expansion of the Rural Activity Center. It's not within the Rural Activity Center boundaries. Boundary, and it's a use similar to what's in the Rural Activity Center, but they're not expanding the actual boundary. It's part of Bluegrass Station. I understand it's part of the program station. It's not part of the Rural Activity Center. No. So if you're using it for the same purposes as the Rural Activity Center is used for, why is that not an expansion in the Rural Activity Center? I can answer that, Frank, if you'd like. Thank you. Yes. Only the Planning Commission can expand the Rural Activity Center. The Rural Activity Center boundaries were established by the Planning Commission as a part of the comprehensive planning process. Unfortunately, or maybe not unfortunately, but the fact of the matter is that the government entity that is exempt from zoning in the comprehensive plan controls this land, so they can do it. This is entirely analogous to what we have at the airport. We now have a runway and airport ownership that extends past the boundary as established by the Planning Commission. You couldn't do anything about it. There was some conversation about whether in the comprehensive planning process you want to adjust the boundaries, But, again, as you know, the language drafted for the goals and objectives were very firm about not expanding the boundaries. So I think maybe that would be taken up at another time. But the point is, and what you acknowledge in the staff report, is this facility is going in. It is outside the boundary of the Rural Activity Center. But in our opinion, there are other elements of the comprehensive plan. And it would be better if it were inside, but there was no land inside. And this land, even though it's designated agriculture, as you know at one time, was very heavily military installation with runways and other things. Golf courses and all that kind of stuff. All things being equal in the rural area, if you're going to have a facility where a government entity that's exempt from zoning would have it, this would be better than most places is staff's conclusion. I very much understand. And I anticipate that answer, but I want it on the record. Thank you. Yes, sir. Any other questions? I'm sorry, I didn't catch the person's name. Mr. Steve Collins. Mr. Collins, would you like to add anything, or everything sounds good to you? Yeah, really, after six and a half hours? The only thing I'd like to add is thank you for your service. Thank you, sir. Thank you. Anyone else wish to speak? Wishes from the Commission. Any questions? If not, I'll entertain a motion. Mr. Chairman. Yes. Move approval of PFR 2012-4. With the findings. With the findings. Okay. Thank you. Do we have a second? Yes. We do have a second. Please vote when he comes up on the screen. Thank you. The motion passes. We do have one situation. One. Well, actually not one. There's four initiations of zoning tax amendments. What's the wishes of the commission here? Put them on the sentence. I'm hearing some. Mr. Chairman, may the postponement of the initiation. Until when? Next month? Whenever you want. We would suggest that the commission has two options. You could either initiate them based upon the drafts that we had brought to the work session before. If you have some concerns about that, there's no. So, you know, again, this just initiates them. If you want to wait to initiate them, we would request that you put it on your first meeting in January if you're going to postpone. Yeah, we didn't have a chance to discuss these in zoning, so. Okay. So do we need a motion for that? Yes, I would suggest you make a motion. So moved is what I'm hearing as far as moved and seconded for a motion for postponement until January 1st. 17th, yes. Okay. Motion for postponement until 17th on the initiation of four zoning ordinance tax amendments. Please vote. That motion passes. Imagine that. I believe, folks, that takes care of everything. unless there's commission items or staff items that need discussion. Otherwise, I appreciate the long day and wish everyone Merry Christmas and Happy Holidays, folks. Staff sentiments as well, Mr. Chairman. Thank you all. How does it feel? I can't describe this feeling That even when I saw her that night She got to me, I let you know the reason I saw her with another guy So if it is enough, why do I feel this way? Why does she stay on my mind? If it is enough Why does it feel so bad? Make me feel so sad inside If it is enough Why do I feel this way? Why does she stay on my mind? If it is enough Why does it feel so bad? Make me feel so sad inside If it is enough Maybe you should take me back Hey girl, I'm begging I made a big mistake Don't you fucking ask Now I can feel it She's never well before I really love her She's not her What? It took my heart To shatter in a thousand pieces Before I ever dropped my mind Oh, oh, oh Losing love Worrying about my image Really help me realize Is it enough? Why do I feel this way? Why does she stay on my mind? Is it enough? Why does it feel so bad? Why does it feel so sad? Is it inside? Is it enough? Why do I feel this way? Why does she stay on my mind? She's on my mind, my mind Why does it feel so bad? Does it feel so sad inside? It is love, it is wild Why do I feel this way? It is in love Why does she stay on my mind? It is love Why does it feel so bad? I can't describe this feeling that I feel for her Why do I feel this way? Why does she stay on my mind? If it is love, why does it feel so bad? Make me feel so sad inside If it is love It is love. If you leave me now, you'll take away the biggest part of me. Ooh, no, baby, please don't go. And if you leave me now, you'll take away the very heart of me. Ooh, no, baby, please don't go Ooh, girl, I just want you to stay A love like us is love that's hard to find How could we let it slip away You've come too far to leave it all behind How could we end it all this way When tomorrow comes and we'll know The things we said to him A love like ours is like it's hard to find How could we let it slip away We've come too far to leave it all behind How could we end it on its way When tomorrow comes and we'll be there The things we said today If you lead me now You'll take away the biggest part of me Ooh, now baby, please don't go Ooh, girl Just got to have you by my side Ooh, baby, please don't go Ooh, mama, I just got to have your love Oh, my God. Well, I'm running down the road, trying to loosen my load I've got seven women on my mind Four that won't owe me, two that want to stone me once And she's a friend of mine Take it easy, take it easy Don't let the sound of your own wheels drive you crazy Light up what you still can Don't even try to understand Just find a place to make your stand Take it easy Well, I'm standing on a corner in Winslow, Arizona It's such a fun sight to see It's a girl, my lord, in a flatbed board It's going down to take a look at me. Come on, baby. Don't say baby. I've got to know your sweet love is going to save me. We may lose and we may win. Though we will never be here again. So open up, I'm climbing in. So take it easy Well, I've been running down the road Trying to loosen my load Got a world of trouble on my mind Looking for a lover who won't blow my cover She's so hard to find Take it easy Take it easy Don't let the sound of your own wheels Make you crazy Come on baby Don't say baby I gotta know that your sweet love Is gonna save me Oh, we got it easy We ought to take it easy When loving turns to parting I'm always first to leave Cause when it comes to heartaches I'd rather give and receive I've never cried myself asleep Just praying I'll get through I've never lost in love Not counting you Not counting you I've never had a heartache Not counting you I've never have been blue There's no exceptions to the rule I've never been nobody's fool I've never lost in love Not counting you I've never got down on my knees And asked the Lord above We'll be right back. We're here at Jacobson Park and as many people may have noticed, the original entrance to the park has been removed and we'd like to kind of explain why that's going on. It's a very exciting project for us. We've been looking forward to it for some time. The original entrance with the brick gates was built in the 70s, in the 1970s, and over the last several years there have been several traffic accidents involving our entrance. Part of the problem was that the entrance gates were very close to the Richmond Road corridor to the right of way. So several years ago we decided that for safety reasons we needed to redesign the entrance. The goal of this project, of this phase of the project is simply safety and there's a number of features that that has to do with. One is capacity. We have a lot of big events here at the park and as anyone who's come to say Free Friday flicks and tried to get in or out, sometimes we have big backups and it's inconvenient for people. So we want to make sure that everybody can get in and out of the park. So through this phase of the project, we're actually doubling our capacity. We'll have two lanes in and two lanes out, which will help more people get in off of Richmond Road safely and quicker and get them out onto Richmond Road and out of the park safer and quicker. Traffic engineering is also going to re-engineer the signal so that the signal will now detect bicycles. Right now the technology that's being used does not detect bicycles. It takes a car to actually trigger the light and so there'll be a camera installed and so now if a cyclist needs to cross and get from the park out onto Old Richmond Road, the light will trip and will give them an extended signal time so that they can get across safely. Later this fall when we come back with the aesthetic portion of the project, we will be adding new pillars and columns and park signage, landscaping, but all of that will be pushed back so that it is much more safe. In addition to the safety though of the aesthetic portion, we're excited to give it a new look. It's going to incorporate some columns, some gates, landscaping, and we are going to have horse farm fencing. We feel that that's a much more appropriate image to give people, especially visitors, as they come in from Richmond Road. We started with the desire to have dog parks in every quadrant of the city. To me, this is one of the best public-private partnerships that we have had. Parks provided the land. We have about 36 acres of dog parks. They are all fenced, off-leash areas. Our dog parks are heavily used, and people love them. What we've done to start the 2012 golf season is we've lowered all of our rates to become more affordable to the general public who play our facilities. Basically we did a $2 across the board decrease on all of our fees and then we introduced some new fees for military, ex-military personnel. We offer discounts for UK students and Transylvania students. We offer discounts to military, either retired or active. We offer discounts for persons with disability and all LFUCG employees also receive discounts off our green fees. We moved our senior age to age 50 now instead of 60 so you get further discounts at age 50 and women all ladies get a discounted rate Monday through Friday now I used to be just Tuesday but it's Monday through Friday and beginning August 1 this loyalty card is going to be reduced to $50 and it will take you through the rest of this year where you would get $5 off any round that you play for $50 in advance Each of our four major courses, Tates Creek, Lakeside, Kearney Hill Golf Links, and the Gay Brewer Junior Course at Picadome, have their championship facilities, but they have fully stocked golf shops. We carry the latest and greatest in all golf merchandise. If you go into one of our shops and you're looking for something that we don't have, we probably have it at another facility. But we're carrying all the latest brands, all the hot stuff, the tailor-made rocket balls, the new Titleist line of woods and putters, and all the new balls. We have the Puma clothing line that Ricky Fowler has made popular. So we have all that merchandise in stock. If you're looking for something in particular, we have it. All of our courses are open basically seven days a week from daylight to dark. And you can make tee times up to seven days in advance by calling the shop of your choice. and you can make your reservation that way. The easiest way to find out stuff about us is go to the website, which is www.lexingtonky.gov slash parks, and just go to the golf section, or you can call any of our facilities, or you can call our main office, which is 288-2968. We have a Facebook page called Play Golf Lexington. It's in its infancy stages, but you can go there to get up-to-date information on what's going on with golf in Lexington. It's always a good time We don't even have to try, it's always a good time It's always a good time We don't even have to try, it's always a good time Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh you don't have to venture far from Lexington to experience nature at its finest. In fact, Lexington has several fabulous nature trails to offer the outdoor enthusiasts. The Raven Run Nature Sanctuary is a remarkably short 12-mile drive from the heart of downtown. This is a unique 734-acre nature sanctuary dedicated to preserving and presenting early Kentucky history and the natural beauty of the Kentucky River Palisades. Over 10 miles of hiking trails provide access to streams, meadows, and woodlands characteristic of the area. There's a lot of fun for everyone when visiting Raven Run, not to mention tremendous photo opportunities. Some opportunities include birding at Raven Run, where you can see over 30 species of birds as they migrate through Kentucky. You'll learn to identify birds by sight and sound during this early morning program. On our Butterflies and Dragonflies Walk, you'll learn how to identify many common species on the wing and learn about insect folklore by viewing a PowerPoint presentation focusing on the life cycles and identification of butterflies and dragonflies. The walk will last about one and a half hours and covers approximately a mile of the trail. If your visit brings you to the area in the fall, enjoy the beautiful colors of the fall season at Raven Run on our Fall Wildflowers Walk. This program will focus on our meadows, which are carpeted in fall wildflowers. Learn about the fascinating folklore connected to these plants and take advantage of great photographic opportunities. And for the kids, try the Little Explorers Nature Tour. Bring your children to Raven Run for our children's program. Activities include a short nature hike and art projects with all supplies provided. Our next nature trail destination brings us to McConnell Springs Nature Park, a 26-acre natural wonder hidden within an industrial complex in Lexington. Heralded as the site where Lexington was named, it was settled in 1775 by William McConnell. Two miles of trails wander around the sinking springs, vegetation, stone fences and vestiges of historical buildings. McConnell Springs boasts more than 130 species of plants and numerous species of urban wildlife that reside at or visit the park. There are a variety of hands-on activities for all ages at McConnell Springs Visitor Center. Here are just a few. You can learn to carve a wooden cooking spoon or a wooden dough bowl with the Lexington Woodcarver's Guild. Make your own walking stick and join us for a hike for the whole family. Children ten and younger make bird feeders and learn about the birds that use them. In addition to the passive visitor who just wants to come out here and take a hike, we have a variety of scheduled or structured programs for the visitor. We've got weekend programs for the general public that are usually nature or history related and we also have junior naturalist programs that are geared towards the youth ten and younger. McConnell Springs and Raven Run provide natural, cultural and historical education opportunities for visitors when they visit Lexington. So keep it fresh. Plan to hit the trails when you visit the Bluegrass. My name is Michelle Kosiniak and I'm the superintendent of planning and design for Parks and Recreation. I'm here today to announce that we are very excited that Jacobson Park Lake has been accepted into the Kentucky Department of Fish and Wildlife Resources Fishing in Neighborhoods program, which is called FINS for short. We're pretty excited to partner with Lexington Parks and Recreation to join them into the FINS program or Fishing in Neighborhoods, which is our urban fishing program where we partner with the local city and county municipalities and we stock keeper sized fish throughout the year. Starting this fall we're going to begin stocking rainbow trout into Jacobson Park Lake in October. We'll also stock them in February and March. In total it will be 12,000 rainbow trout that we'll stock in the lake. We'll also be stocking keeper sized channel catfish starting next March. In total it will be 9,200 channel catfish, that will be about a pound average. These are big keeper sized fish that if somebody wants to keep some fish they can take some home. But we also will have a new set of fishing regulations out here. We're going to be stocking a lot of large keeper sized fish and to help spread out the harvest so that they aren't all pulled out right away, we're going to have some new regs that we're going to post around the lake and those regulations will be five rainbow trout a day, four channel or blue catfish, one bass and they have to be at least 15 inches to keep them and 15 sunfish that they can keep each day. We'll have a law enforcement presence out here to educate and inform people of the new regulations as well as enforcing to make sure people have the proper fishing license. We'll also be doing a tagging study at the lake where we'll be tagging some of the fish that are stocked and that gives us an idea for how quickly the fish are getting caught and harvested, if they're being kept or caught released and we'll be tagging about 900 catfish and 900 rainbow trout in the next year. Lexington Park is going to be putting in a fishing pier. We're going to be doing some habitat improvements around the lake, adding some structure to attract fish around that pier. We've put in some spawning structures to increase reproduction for largemouth bass. We'll also be doing routine sampling out here to sample the bass and sunfish populations to see if stocking is necessary on those as well. For anyone who isn't familiar with Jacobson Park Lake, it's a 46-acre lake, and it's surrounded on one side with 222 acres of parkland, lakeside golf course, and 18-hole golf course on the other. All the bank is cleared, so there's lots of fishing opportunity, and as Dane mentioned, we're going to be constructing a fishing pier this fall. The exciting thing about this fishing pier is that it will be handicap accessible. While here at Jacobson Park, you can also take advantage of our boat ramp. For $3, people are welcome to launch non-gasoline powered watercraft. Other amenities available near the fishing spots, we have restrooms, picnic shelters, and a playground. And we encourage people to stay for the day, enjoy fishing, and take advantage of those amenities. One thing we would ask is if you visit Jacobson to fish, please park inside the park in the designated paved parking lots. We strongly discourage, for safety reasons, anyone parking along the shoulder of Richmond Road to fish the lake. Also, when you come to the park, you'll notice that we have, at certain times of year, a population, a large population, of migratory waterfowl. We ask for your safety and the health of these birds that you do not feed the birds while you are here at Jacobson. Hello, my name is Eric Howard, Volunteer Coordinator for the Division of Parks and Recreation at LFUCG. I want to answer the question about volunteer opportunities with our division. We have any number of opportunities for individuals or groups, starting with adopting a Legacy Trail Garden bed. This is a naturalized bed that just requires a volunteer to go out a couple of times a month, making sure that the beds are in good working order, no weeds, no trash, no signs of any foul play or vandalism. We also have adopt-a-trail segments at the Legacy Trail. This is a half-mile segment where you visit it periodically, make sure there's no trash on the trail, and report any problems that you might see. In addition to that, we have athletic opportunities for coaches and volunteers to work with our youth and sports environment. There are also opportunities in our parks with clean-up projects such as clearing honeysuckle from areas of the park, clearing trash from creek beds and other park areas, and clerical opportunities such as filing and telephone reception work at the Bell House and the McConnell Springs and Raven Run nature sanctuaries. Feel free to call me about any of these opportunities at 288-2984. Thank you. It's always a good time We don't even have to try, it's always a good time It's always a good time We don't even have to try, it's always a good time Parks are so critically important to the health, welfare, and just the good-naturedness of our community. The leadership of Parks and Recreation give us the opportunity to have these great facilities for economic development, for quality of life, to be out in the open, to be able to do things as families. The investment that we make as a community in our parks is so important for making a great city even better. Happy Holidays and a Happy New Year! What would we do without all these jerks anyway? Besides, all our friends are here. Down at the Sunset Grill Thank you. Thank you. Thank you. Thank you. Lord, I was born a rambling man Trying to make a living and doing the best I can And when it's time for leaving I hope you'll understand That I was born a rambling man My father was a gambler down in Georgia And he'd wound up on the wrong end of guns And I was born in the backseat of a greyhound bus Rolling down Highway 41 Lord, I was born a rampant man Trying to make a living and do it the best I can When it's time for leaving I hope you'll understand That I was born a rambling man All right I'm on my way to New Orleans this morning Leaving out of Nashville, Tennessee They're always having a good time down on the Biola And Delta, when you think the world of me Lord, I was born a man with man Trying to make a living and doing the best I can When it's time to believe in I hope you'll understand That I was born a man with man Lord, I was born a man with man Lord, I was born a random man Lord, I was born a random man Lord, I was born a random man Thank you. guitar solo Thank you. I'm out. My friends all say That I'm losing touch with reality Cause you're just too much My life's been going down Even with my job Y'all say give them up Makes a lot too hard But I say Too much is not enough Too much is not enough Too much is not enough For your love, love, love Too much is not enough Too much is not enough Too much is not enough For your love, love, love I keep praying It will never end I just want to be your lover I don't care about my friend You keep coming on With that sweet caress All those subtle words And that scorching kiss And I say, too much is not enough, too much is not enough, too much is not enough for your love, love, love. Too much is not enough, too much is not enough, too much is not enough for your love, love, love. I'm getting weaker as the day goes by But your mind won't let my body quill Just keep thinking about my flashiest smile And everything that comes with it Love, love, love One of these days Maybe they'll understand That I'm happiness Melting in your hands I can't resist you I can't control you I could never leave you Just want to hold over here Too much is not enough Too much is not enough Too much is not enough For your love, love, love Too much is not enough Too much is not enough Too much is not enough For your love, love, love Too much is not enough Too much is not enough Too much is not enough For your love of the Lord My friends all say Too much is not enough You got to give her Too much is not enough But I say Too much is not enough For your love of the Lord But it isn't there Too much is not enough Too much is not enough, too much is not enough, your lover I'm getting weaker, too much is not enough, I'm getting weaker Too much is not enough, I'm getting weaker Now if you feel that you can't go home Because all of your hope is gone And your life is filled with much confusion Until happiness is just an illusion And your world around is crumbling down Darling, darling Oh girl, reach out for me. Reach out for me. I'll be there with the love that will shelter in you. I'll be there with the love that will see you through. When you feel lost and about to give up. Cause your best just ain't good enough And your bill will has grown cold And you're dripping out all on your own And you need a hand to hold Darling Come on girl, reach out for me Reach out for me I'll be there To love and comfort you And I'll be there To cherish and care for you I'll be there To always save her through I'll give up The love I'm covered through I can tell the way you hang your head You're my head now Now you're afraid And through your tears you look around But there's no peace of mind to be found I know what you're thinking You're alone now No love of your own But darling Come on, girl. Reach out for me. Reach out. Just look over your shoulder. I'll be there to give you all the love you need. And I'll be there. You can always depend on me. I'll be there. The End I miss you, I miss you, I miss you. Devil or angel, please say you'll be mine. Love me or leave me, I'll go out of my mind. Devil or angel, dear whichever you are I need you, I need you, I need you You look like an angel, your smile is divine But you keep me guessing, will you ever be mine? Devil or angel, please say you'll be mine Love me or leave me, I've made up my mind Devil or angel, do whichever you are I love you, I love you I love you Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh I love you, I love you She is the singer in advance. Desmond says to Molly, can I like your face? And Molly says this as she takes him rather. Oh, Betty, oh, my God, life goes on. Bra, la, la, how the life goes on. Oh, Betty, oh, my God, life goes on. Bra, la, la, how the life goes on. Nesman takes a trolley to the jeweled store Fies a twenty-carat golden ring Takes it back to Molly waiting at the door And as he gives it to her, she begins to sing Oh, bloody, oh, bloody life goes on La, la, how that life goes on Oh, bloody, oh, bloody, oh, life goes on Ra, la, la, how the life goes on In a couple of years they have built a home, sweet home With a couple of kids running in the yard Of Desmond and Molly Jones Happy ever after in the market Desmond lets the children lend a hand Molly stays at home and joins a pretty face And in the evening she still sings it with fans Yes! No bloody, no bloody life goes on La la, that life goes on No bloody, no bloody life goes on La la, that life goes on In a couple of years they have built a home sweet home With a couple of kids running in the yards of Desmond and Molly Jones They haven't been ever after in the marketplace Molly lets the children lend a hand Desmond stays at home and does his pretty face And in the evening she's a singer with a band Yeah! Oh, bloody, oh, bloody, life goes on La, la, how the life goes on Yeah! Oh, bloody, oh, bloody, life goes on La, la, how the life goes on And if you want some fun Thank you. You handed me your book, I signed this way. Roses are red, my love, violets are blue. Sugar is sweet, my love, but not as sweet as you. We dated through high school And when the big day came I wrote into your book Next to my name Roses are red, my love Violets are blue Sugar is sweet, my love, but not as sweet as you Then I went far away and you found someone new I read your letter, dear, and I wrote back to you Roses are red, my love, violets are blue Sugar is sweet, my love, good luck, may God bless you Is that your little girl? She looks a lot like you Someday some boy will write In her book two roses are red My love, violets are blue Sugar is sweet, my love, but not as sweet as you The roses are red Rocks Rocks say, you don't have to put on the red light. Those days are over. You don't have to send your body to the night. Rocks say, you don't have to wear that dress tonight. Walk the streets for money. You don't care if it's wrong or if it's right. Roxanne, you don't have to put on the red light. Roxanne, you don't have to put on the red light. Roxanne, we're on the red light. Roxanne, we're on the red light. Roxanne, we're on the red light. Roxanne, we're on the red light. I love you since I knew you I wouldn't talk down to you I have to tell you just how I feel I will share you with another boy I know my mind is made up, so put away your makeup. Told you once, I won't tell you again. It's a bad way. Roxanne, you don't have to put on the red light. Roxanne, you don't have to put on the red light. You're a good friend. you The New York Times A part of it New York, New York Your vagabond seas They are longing to stray And step around the heart of it New York, New York I want to wake up In that city that doesn't sleep And finds your king of the hills Top of the heap Your small town blues They're melting away I'm gonna make a brand new start of it You know, New York, you always make it there. You make it anywhere. It's up to you, New York, New York. In New York, New York I want to wake up in that city that doesn't sleep And find I'm king of the hill I'll call the lips, you bet. And I'm the one king of the hills. He's a little town, oh. They have all melted away. And I'm gonna make a brand new start of it Right there in old New York You better believe it, Brooke You always make it there You make it anywhere Come on, come through New York New York New York One, two, three, four. All I need is a TV show Back and the radio Down on my luck again Down on my luck again I can show you, I can show you Some of the people in my life I can show you, I can show you Some of the people in my life Is driving me mad Just another way of passing the day I, I get so lonely when she's not there I, I, I, I, I You're just another face That I know from the TV show I have known you for so very long Feeling like a friend Can't you do anything for me Can I touch you for a while Can I meet you on another day And we will fly away I can show you, I can show you some of the people in my life. I can show you, I can show you some of the people in my life. It's driving me mad. It's just another way of passing the day. I, I, it's so lonely when she's not there I, I, I, I, I Turn it on. Turn it on, turn it on, turn it on again Turn it on, turn it on, turn it on again The End Looking back at the years gone by like so many summer fools 65 I was 17 and I'd burn up 41 I don't know where my mother's left, I'm just going Running on empty, running on Running wild I'm running into the sun, but I'm running in time You gotta do what you can just to keep your love alive Try not to confuse it with what you do to survive In 69 I was 21 and crawled the road my own I don't know when that's wrong Running on Running on empty Running right Running into the sun But I'm running behind guitar solo That'll be alright If I can get you to smile before I leave Looking out at the road rushing under my wheels I don't know how to tell you all Just how crazy this life feels to me Look around for the friends that I used to turn To the poor of you Looking into your eyes As I see them running through Running on Running on that key Running on Running away Running on Running into the sun But I'm running behind Honey, you really trip me You know the world looks so I'd love to stick around But I'm wondering behind But I know Yes, no, I don't even know And I'm hoping this time I'm wondering behind I'm wondering to the sun But I'm wondering behind Thank you. Thank you. Thank you. Let's do it. The path is kind of cool Like dark We'll take a trip On up to the lake Down by the river Where we can make out On the island Pick up on the gate Catch up your favorite station I'll sing you When we go cruising Everything is all right To ride in those Because you got nothing In the race we go cruising Yeah, yeah, yeah. We'll be right back. We'll be right back. Let's get started. Thank you. for this council comments, our esteemed former vice mayor, Isabel Yates. And before I allow Isabel to say a word or two, I want to say that it's a special privilege for me serving as an at-large council member because Isabel is one of my heroes. She's heard me say this before, but I want to take the opportunity again. Lexington has been blessed with a number of extremely fine public servants, and Isabel is certainly in those ranks. So it's great to be here with you today. And we're here, if you haven't already figured this out, in the front row of the Kentucky Theater. We will be talking about the Kentucky Theater and some proposed renovations and a fundraising effort. But I want to start, Isabelle, by asking you just a little bit about how do you relate to the Kentucky Theater when you think about it? Well, I go all the time, and I feel it's like an old home week. You go, and you see people that you know you get your popcorn and your coke and you find your seat and some people have special seats yes yes we have a really wonderful time but first i want to thank you for your kind work i'm very honored that you wanted to talk to me about this because i know what you're doing for the city and particularly the downtown area and because i've always been a downtown person i love downtown. It's the core of our city and it's enjoying a real renaissance right now. It's wonderful. You've dealt with that. I'm just amazed at what we're doing. It's going really well. And the Kentucky Theatre, as you know, I live downtown. And we can walk to the Kentucky Theatre. And we're also regular patrons. We have our special seat. And the Kentucky has been an anchor for downtown. for downtown i've seen probably before it was reasonable to think this that that can that the downtown was really going to come back but the kentucky has been an anchor for all of that it brings people down yeah we have had more people coming than ever and i just credit fred mills and the management group for absolutely very good films and also for the series of Wednesday nights in the summer, which I love because old films are shown, and we can have a lot of fun clapping for Casablanca and all the wonderful ones we've seen. So I think they've done a great job, and we have regular patrons. I see the same people very, very often, which is wonderful. Going to this theater is so different from going to one at the mall, because you may We have 16 films going on, but you go in, you know, a little narrow street, narrow passageway, and then you're there, but there's no ambience and nothing like going to our Kentucky film. Well I feel exactly the same way. And why don't you tell folks a little bit about the history and where we are at this point and why we need a special effort. So this past spring, the mayor asked me to celebrate the 20th anniversary of the restoration of this theater. And they did a beautiful job, but it's been 20 years. But I told him I'd love to do that. And so we got together and talked about it. And we found out that because it's used every day, 365 days a year, 20 years, has taken its toll. and there are many, many repairs and upgrades that need to be looked at. So I said, we're going to celebrate, but we're also going to update at the same time. We've got to. And also the big thing about this particular year is this, in October, is the anniversary of this theater. It was built 1922. It opened its doors in 1922, October the 4th. So this particular year, the 90th year, we're going to celebrate its birthday. And I think it's timely. It's on October the 4th, but the whole month of October is going to be celebrated as Kentucky Theater Month. The mayor has already declared that. Terrific. Terrific. Go ahead. Good. And to celebrate that birthday, we're going to have a big campaign kickoff on October the 10th from 6 to 8, free, open to the public. We want everybody to come down. And one reason we're doing this is that we have found that there are many needs in this theater. And the most urgent need we have discovered is that we need a digital projector. Because all of the theaters in 2013 will be going over to digital film. And we don't have a digital projector, so that is very important. We'd like to get that. So what that means is that if we don't get a new projector, basically we won't be able to show films. We don't need you seats. But another big need, I think, is new seats because the seats are worn out. They are very uncomfortable. Not all, but almost all are. And the funniest thing is when I talk to people, they say, oh, I love the theater. I go all the time, but the seats are horrible. I have to go and find two or three places before I can find a good seat. So we know that's a need, and that's an expense. And then we also want to improve the sound, which is... So again, it's a 20-year-old system. 20-year-old system. And everything's changed in 20 years. And, of course, new technology would make a big difference here. And we need more lighting. The lighting is antiquated as well and needs to be replaced. And we also want to fix up our marquee. We don't want to change it, but most of the lights are gone. You don't realize that, but it needs a lot of attention. And then we would like to upgrade our lobby and concession stand and make it a little more attractive. Of course, this theater is attractive no matter what. It's the guilt, you know, the gold guilt and everything. When you come in, you feel it. You're in a palatial place and a special place, and of course it is. and we are lucky to have it now and that we want to keep it, but we want to also make it ready for the 21st century. Right, so we'd like to ensure that it continues to be that kind of warm, welcoming place and it looks good for the next decades. So we have formed a group called the Friends of the Kentucky Theater, and it was a lot of fun. We had a brainstorming breakfast, and we got people together, and they were all excited about it, and they said, well, we need to do something about it because we want new seats. We need that digital protector. So we did organize and we established a charitable fund at the Bluegrass Community Foundation. As you know, that's 501c3, and they will handle any dime that we raise, and it will all be transparent and accountable, so I won't be taking in money. Thank goodness. I think we can trust you. I don't have to worry about that. But I think it is going to be a very nice kickoff campaign. You know, we've got a lot of money to raise. It's really billed as a $1 million campaign. Because when we had the estimates on all the needs, it came to almost $800,000. Well, you know things usually cost more than your estimates. So we decided we would call it a $1 million campaign. So our kickoff is October the 10th, and we hope the whole public will come. In the meantime, if I were interested in getting more information, or should I contact? Well, you can contact Friends of the Kentucky Theater through me and my co-chair, who is Steve Grossman. Okay. But you can also contact the Brewgrass Community Foundation. Okay. And we have a website there and also a Friends website. website so okay and we'll put all that information up all that yeah we'll get all that yeah and it's it's going to be easy and you know many many people contribute to causes online now right right and we want that to be we want to be available to everyone we've got a lot of money to raise so we've got to give everybody any opportunity to give and of course we have some letters that we're sending out and we have a packet of information and of course the signature is right that marquee right key you know and everybody reckoned and the marquee on this one says it has been 20 years and now it is time for an update we need your help so we're asking for help any way we can get it And people are already responsible, responsive to me. And we've collected quite a number of dollars and several sponsorships, which are very large gifts. And that's wonderful. But we also have collected several $1,000 gifts, $5,000. And, you know, $5 here and there means everything. And we're going to have a box out in the lobby that says, after you buy your ticket, maybe you'd like to put one more dollar in just for the benefit of the restoration. So I feel very good about it. I think we're going to be successful. It may take a good while, but we want to. We're getting started. That's it. We're just beginning. Okay. And last time, when they did the renovation, I know that they had the opportunity for people to buy seats and have their names put on. And my wife and I got a couple seats in the place that we typically sit. Can you tell people about that? Well, certainly. I bought seats then, too. And those seats cost about $225. Twenty years ago. Twenty years ago. So today we're going to be selling seats. I'm glad you brought that up. And the seats are going to be $490. 90 stands for our birthday celebration. So you're really getting a bargain. We started with about $500, but then we decided we'll give you a little bargain, $490. So $490. $490. Well, it's about twice what it cost 20 years ago. And as you know, in the world today, everything's at least that much more. So I think it's reasonable. and also if anybody would like to give $90, they can be a part of the birthday club. You know, $90 would be fun. I want to kind of wrap it up. I want to thank you for being here today. I want to thank you for taking this effort on on behalf of the community. One more effort to add to your list. I think this is something that is very popular, and I don't believe we'll have a lot of trouble because every person that I see, I said, do you go to the Kentucky Theater? They said, yes, it's the only one I go to. Okay. That's another way to look at it. There is a lot of support for it. And thank you for having me today. My pleasure. Thank you, and thank you all for watching. Thank you. Thank you. Councilmember Bill Farmer welcoming you to Lexplore. Today I'm at the UK Faculty Center with Hillary Boone's portrait, a beautiful portrait of him, a very special place to talk about a very special place also on campus, the UK Press. Matt McCormick is joining me. Please stay with us. Welcome back to Lexplore. We're here at the Faculty Center. Mac McCormick has joined me from the UK Press. Mac? My pleasure. Nice to spend time with you today. Good to see you again, and always happy to talk about the press and what's going on. Well, I think, and that's really one of the reasons I wanted to come talk to you. UK Press is underappreciated. I wouldn't say we're underappreciated. So much is under-known about. Folks are certainly familiar with the books we published. I agree. But not many folks know about the press as an entity and our history and exactly what all we do for both the Commonwealth of Kentucky and the various institutions of higher learning across the state. So how is our press founded? The press was founded by Dr. Clark, Tom Ski-Clark. Really? Yes. I didn't know that. How cool. In 1949, we were officially formed, although the university started publishing books in 1943. All right. I think a lot of that was done through Dr. Clark from the history department, or some of it was. And the apparatus for that ended up becoming the press. We hired Bruce Dembo from LSU in 1943 and officially organized the press as the University of Kentucky press. In 1969, we reorganized and became what's known as a consortium press. We don't just represent the University of Kentucky. You represent all the public universities in the state, Eastern, Western, Northern, UK, UofL, Moorhead, Murray, five of the private schools, Berea, Center, Transit, Georgetown, and Bellarmine, as well as both the historical societies, the Filson Historical Society of Laurel and the Kentucky Historical Society. So we're a consortium model, and there are a number of other university presses around the country set up on that model. and basically it forestalled a second press opening in the state. Sure. Because now we represent everybody. You cover their needs. If you look at, like, Ohio, for instance, well, there's Ohio State University Press, there's Kent State University Press, there's Ohio University Press, and as a result, all of them are tiny. We're bigger than any of them. Are you really? Despite the fact that Ohio outweighs us population-wise, it's a lot more there to sustain a press, but since they're splitting resources over three presses, Kentucky doesn't have the population base to do that and have a press that really is able to compete. But you'd have the submission base. With all those entities making submissions, I assume. Well, not all of our books come from Kentucky. Oh, okay. Not by any stretch. We're broken down. We do about 50 to 60 books a year. Okay. New books, plus some reprints. About a third of those, between a quarter and a third, are Kentucky-related titles. And then the rest are in various other fields. We publish our trade titles are in three main areas, Kentucky and regional. That's everything from creative writing to history to guidebooks to cookbooks. I had not really. I had no idea. Oh, yeah, the Kentucky Bourbon Cookbook, which we published about a year and a half ago, won the Gourmand World Literary Award for the best book in the world on cooking with wine and spirits. I need a copy. The author is at Sullivan University over in Louisville, and he actually went to Paris to accept the award. Paris, France. Not in Bourbon County. Right. Right. The other two major trade areas, and by trade I mean books that you would be able to go to Barnes & Noble and find on the shelf. Okay. We do a lot of military history, and we also do a lot of film biography. In fact, in military history-wise, we just launched a brand new series in conjunction with the Association of the United States Army that's foreign military studies. And what we're doing with that series is translating key works that were originally published in other languages. The first two books that came out, one of them was Rucksog, about the German retreat from France after D-Day. All right. And that one was just reviewed in the Wall Street Journal the weekend before last. So they get major national attention. Our film biographies, we kind of developed a niche for it. We're picking up the slack of the types of actors and biographies of the types of actors, actresses, and directors that the New York trade publishers don't want to deal with anymore because they can't sell 25,000 or 30,000 copies. Okay. We can sell 5,000 or 10,000 copies. And it's all fun. For us, that's a big success. For them, it would be a disappointment. So we've got biographies coming out. We've got one that will come out early next year, Maureen O'Hara. Wow. We just got a noted actress of a certain period. Yes. And most of the film biographies we do are stars that are, we're not publishing the latest George Clooney biography. Random House is going to be a good one. But we can make a pitch. Yeah, okay. But, you know, we're publishing, we just got advances in the other day of a Mary Pickford book. So we're going back to the silent era there. Back to the beginning of Hollywood. Yes. and we've done biographies of Greer Garson, Idle Apino, Peter Lorre. Peter Lorre. Nice. I just watched The Maltese Falcon last night. Yes. It was just so riveting to look at the black and white and watch it all. And the thing that I learned from that book is unfortunately Peter Lorre's daughter looks exactly like him. Talk to me for another time. But most folks here are familiar with our Kentucky books and we do a lot of them. We have a series of creative writing that features creative works by established Kentucky writers. We just came out with The Hills Remember, the complete short stories of James Still. And that's got, including, I think, seven stories that had never previously been published. Manuscripts that were in his files when he passed away over a decade ago. Well, you talk so first person about all of this. How long have you been with the press yourself? I've been with the press 14 years now. Yeah, 14 years this past summer, so a little over now. And I've done a little bit of everything in marketing. I've been the publicist for a while. I've also, I do sub-rights. So if a foreign company wants to translate one of our titles, I'm the one they talk to. They come to you. I appreciate a contract. Film options, which sound a lot more exciting than they are. It is. There's a lot of legalese, many, many pages. As big as some of the books. It's not quite that big, but definitely denser than most of the books. Physically, though, where is the press, or where has the press been? The press has, we've always been housed on campus at UK. We originally, well, way back in the day, we weren't really housed. For a lot of years, we were in the basement of Lafferty Hall. Several years back, we bought a building across Limestone from the main part of campus. So we're on the other side of Limestone, pretty close to the corner of Virginia Avenue. So down from the Theological Seminary across from Scoville Hall, if you know that initiative. I know. I know what you're talking about. We've been there since before I started the press, but only about four or five years before. So that would be your administrative area. That's the administrative, yeah. That's the press offices. That's where all the staff work out of. Not particularly exciting. We all sit in front of computers just like everybody else. But we don't keep books here. Our books are warehoused elsewhere, which is not the space. And then do you pick printers according to the size of the book and how much you're going to print? Well, I mean, actually, there are regulations governing printing contracts that are governed by the Constitution of the Commonwealth. You have opened yet another door. And this is one of the old holdovers like the Dooling clause. Okay, yes. I mean, it still serves a purpose. I mean, we have to do a bid process, which we would have to do anyway, but it's peculiar because it's written into the Constitution that way, which is a little odd. But we would do it anyway because that's a university regulation. So we bid out for printers, and a lot of them are in the Ann Arbor area because one major book printing company started there. and then it's become the industry. Well, and yeah, and then folks left that and started another one in town. You know, we do some overseas printing. A lot of our big four-color books are printed overseas because of the quantity. I mean, a Kentucky four-color coffee table book, we're not printing 50,000 copies of. But the expertise can be here. What goes between the covers comes from here. Absolutely, absolutely. And then you have them printed and shipped back. And then physically, if I want to go look for books, do I go someplace here? Actually, Joseph Beth has as good a selection of our books. The Mars Bookshop does as well. U.K. Special Collections and General Circulating Library, Young Library, theoretically have a copy of everything we published. They have been, you know, what's gone missing from the shelves from years ago. Who knows? But it shouldn't be from Special Collections. But we don't have a storefront. We're not set up that way. Do you keep an archive of your alls? Yes, we keep an archive although again, going back into the 40s and early 50s, I'm sure we're missing a few books Yeah, and things can get away from you Yeah, we keep copies of everything and we continually bring books back into print as well. We just brought one back into print called Kentucky Bourbon The Early Years of Whiskey Making which was originally published in 1972, and had been out of print for 20, 30 years. Yeah. And, you know, it's the early years of whiskey making. It's 17 and early 1800s. The material hasn't changed that much. Some new stuff has come to light, but the book itself is still a valuable resource and a good read. And Burbitt's more popular now than ever. Burbitt's more popular now than ever. So that's one that we decided. You know, this has a life. Yes. And we redesigned the cover. Pep it up, yeah. Uh-huh. And republished it, and it's doing actually very well. But then you go to shows or fairs? We go to shows and fairs occasionally. This past weekend, we were at the Holiday Market out at the horse park that the Lexington Junior League puts on every year. Yeah. We had a booth, and we're selling books. We also had a booth and set up at the Kentucky Book Fair in Frankfort this past weekend. That's gracious. Which is always, and we had about 25 authors who were out on the floor as part of the fair signing copies of their books. It's always my favorite show to work. But people can find anything, I'm assuming, online. Absolutely. www.kentuckypress.com is our website, and all of our in-print books are available for order there. Amazon, of course, has them all listed as well, and folks can go there. Folks can also follow us on Twitter or Facebook. That's great to add in. Sure. Absolutely. And, you know, we have a very active Twitter feed and try to keep folks appraised of what we're doing. So about current releases, you get kind of current commentary? Current releases, news, you know, like found out, it's been about a month ago now, that one of our books, William E. Ellis' History of Education in Kentucky, which is broad-based. I mean, it covers K through post-secondary education from the beginning of the state to the present. very, you know, chunky book and a lot of material to cover, but it was given a general award by the Kentucky Historical Society. That's neat. So news information like that, major reviews. I mentioned that Ruggsug was reviewed in the Wall Street Journal. Stuff like that we tweet out about and send a link because folks are interested. Well, you've brought some of the goods with you. I brought a handful of books, some new releases and some, well, one that's not quite new. The Family Legacy of Henry Clay, which came out about a year and a half ago, brought because it's obviously of relevance to the 5th District since Henry Clay's house is right there. He's in the 5th District. Yes, sir. Thank you. And this is not a biography of Henry Clay, though it includes a lot of information about Henry Clay. But what Lindsey Apple did, and Lindsey is retired now, but he was a history professor at Georgetown College for years, Department Chair of History there as well. But he looks at the Clay family on up to the current generation. Neat. It's a family biography. And he traces the legacy of service that the Clay family has been part of throughout their history. And certainly prominent members post-Henry Clay. Madeline McDowell Brackenridge comes to mind. Yes. who was married to DeShay Breckenridge, who was the herald of the leader that he was editor of. Oh, now you've asked me a 50-50. I've got to phone a friend. One of the two papers of that era. She was very prominent in the suffrage movement, 1920s, 19. All right. Is this the newest one, then? Kentucky's Frontier Highway came in right before the book fair. Oh, really? This is hot off the press. I brought another one that came in again right before the book fair. But this is a look at the Maysville Road, which was the first highway in the Appalachian West. And it served as a major corridor for settlement for this area. Really? And they have Carl Reitz, who is a professor of geography here at the university. I see, yes. And Nancy O'Malley, who is director of the Web Museum here at the university, teamed up to do that one for us. And, I mean, it's a look at the history of the Maysville Road, but also it serves as kind of a travel guide. They break out the road, you know, the current state and what's there. And I was talking to Robert, who works at the press this morning, and he was like, I'm super excited. I'm going to take my bike out and go on the Maysville Road. Yeah. He's like, I'm going to take the motorcycle out when the weather gets nice and take the book as a guidebook and travel the Maysville Road and look at some of this stuff because he didn't know the history of the area. and this is a companion that he can take along with him. You have told me so much in so short a time, and our time is short. I would just say to you, I'd like to come back and visit with you again or at another time or another place. Always, I can talk books till the cows come home. Well, and you can do it very first person, or we can have an author, or we can do anything, but the work you all do is so singular and so special. I'm glad to spend time with you today. Absolutely, my pleasure. I appreciate it very, very much. We'll do this again. I'm Bill Farmer for Lexplor. We're always glad to visit with really anyone just about anywhere. We'd love to hear from you. Thank you very much. As a young kid, Lexington Parks and Rec always had a place for us to do something. It helped me in a healthy way to compete, but also learn how to be humble in victory and to have some dignity when we lost. Learning to do that allowed me to get to the point where I matured not only as an individual, but also as an athlete. I am a product of Lexington Parks and Recreation. Have a great holiday season from the staff of Government Television 3. Happy Holidays and a Happy New Year! I'm Gary Means with the Lexington Parking Authority. My name is Gary Means. I'm the executive director with the Lexington and Fayette County Parking Authority. The renovation of the annex garage is a total of an eight-month project. The first three months, we were able to keep about 50% of the garage open, but we've had to close it now, and the last five months, it will be closed completely to assist the contractors in being able to get all of the renovation work done in a safe manner where we don't have other vehicles in the area where they're jackhammering and creating dust or debris. Again, this project is about a $3.1 million project, and most of the work is replacement of bad concrete and steel that's rusted. Steel that's normally embedded in the concrete has become rusted over the years, and it causes concrete to pop loose, which also causes the deck to be a little bit unstable, and so we will make it safe and sound. We have a map on our website and we're also communicating through other media, but the alternative parking locations during this closure are the courthouse garage where you enter in on Barr Street and the transit center garage where we're standing right now on the rooftop. You can enter the transit center garage off of High Street or Vine Street. And those locations will accept the validations from any of the LFUCG departments that you that you may visit, including the police department. And then the county clerk's office is also continuing to validate as they did in the past when you would have parked in the annex garage. They'll be validating if you end up in the transit center garage or the courthouse garage. And keep in mind, the library garage is nearby, but they do not accept the validations from the county clerk's office or LFUCG departments. We're at this point, we're anticipating the garage to reopen in late spring. This project should go through some point in April and maybe hopefully thereafter we're opening back up. And with this, we hope to do a grand opening where there will be new lighting. Obviously, the concrete will all be fresh and new and safe, and new garage equipment for the entry and exit system as well. We appreciate everyone's patience during this project. and again we've worked out ways to accommodate parking. We don't want people to feel like they need to avoid downtown because of this during these five months. There is plenty of parking available and we've worked out arrangements at the Transit Center Garage and the Courthouse Garage as well. I guess what we're excited about even though it's a bit of an interruption to folks is that it's going to be safe and clean and well lit and a great garage to park in once we reopen in the late spring. In the area of the annex garage there's not a lot of retail, there is some retail in that area, but a lot of our retail are more down towards the Lexington Convention Center, the Civic Center shops, and the Victorian Square shops, and so parking in that area is not going to be affected by this closure, and like always, we welcome everybody to come down and visit our downtown retail shops during the holidays. For information during this renovation or about the renovation or about where to park as an alternative, you can visit the lexpark.org website. You can also follow the Parking Authority on Twitter. We're updating with pictures and updates at our Twitter account, which is lexparkauthority. So if you're headed down to visit somebody at the Government Center or visit the county clerk's office or if you're going to visit the division of police and we don't need to know why or if you want to come down to visit one of the departments, divisions or organizations that are housed in the Phoenix building at 101 East Vine Street here you can still get the appropriate validation if you parked in the transit center garage or the courthouse garage. And even though the annex garage is closed during these holidays, we've still got plenty of parking downtown if you want to come down and do some shopping. Parks are so critically important to the health, welfare and just the good naturedness of our community. The leadership of Parks and Recreation give us the opportunity to have these great facilities for economic development, for quality of life, to be out in the open, to be able to do things as families. The investment that we make as a community in our parks is so important to making a great city even better. Have a great holiday season from the staff of Government Television 3. Happy Holidays and a Happy New Year! We started with the desire to have dog parks in every quadrant of the city. To me, this is one of the best public-private partnerships that we have had. Parks provided the land. We have about 36 acres of dog parks. They are all fenced off-leash areas. Our dog parks are heavily used and people love them. Other dancers may be on the floor Dear, but my eyes will see only you Only you have the magic technique When we sway, I go weak I can hear the sound of violins longer before it begins. Make me dwell as only you know how. Sway me smooth, sway me now. You know how. Sway me smooth, sway me now. I'm not alone. I know you'd understand Every time I've tried to tell you The words just came out wrong So I have to say I love you In a song Yeah, I know it's kind of strange Every time I'm near you I just run out of things to say I know you'd understand And every time I tried to tell you The words just came out wrong So I'll have to say I love you in a song Every time the time was right All the words just came out wrong So I'll have to say I love you I'll hear the song Yeah, I know it's kinda late I hope I didn't wake you But there's something that I just gotta say I know you'd understand Every time I try to tell you The words just came out wrong So I'll have to say I love you in a song I'm a man Traveled by many, remembered by few Looking for something that I can believe in Looking for something that I'd like to do with my life There's nothing behind me and nothing that ties me to Something that might have been true yesterday. Tomorrow is open. Right now it seems to be more than enough To just be here today. I don't know what the future is holding in store. Don't know where I'm going. I'm not sure where I've been There's a spirit that guides me A life that shines for me My life is worth the living I don't need to see the end Sweet, sweet surrender Lives live without care Like a fish in the water Like a bird in the air Please, please surrender Lives live without care Like a fish in the water Like a bird in the air Lost and alone on some forgotten highway Traveled by many, remembered by few Looking for something that I can't believe in Looking for something that I'd like to do with my life There's nothing behind me and nothing that ties me to Something that might have been true yesterday Tomorrow is open Right now seems to be more than none To just be here today I don't know what the future is holding in store I don't know where I'm going I'm not sure where I've been There's a spirit that guides me, a life that shines for me My life is worth the living, I don't need to see the end Sweet, sweet surrender Live, live without care Like a fish in the water Like a bird in the air Sweet, sweet surrender Live, live without care Like a fish in the water Like a bird in the air Sweet, sweet, sweet surrender Live, live without care Like a fish in the water Like a bird in the air Thank you. Try to remember the kind of September When life was slow and oh some mellow Try to remember the kind of September When grass was green And gray was yellow Try to remember The kind of September When you were a tender And callow fellow Try to remember And if you remember Then follow Follow Follow Follow Try to remember when life was so tender That no one wept except the willow Try to remember when life was so tender That dreams were kept Beside your pillow Try to remember When life was so tender That love was an ember For a bow to mellow Try to remember And if you remember Then follow Follow Follow Follow Deep in December It's nice to remember Although you know the snow will follow Deep in December it's nice to remember Without a doubt the high is alone Deep in December, it's nice to remember the fire of September that made us mellow. Deep in December our hearts should remember and follow Follow, follow, follow The End Facts over love are always hiding underneath the covers till I talk to you, my daddy will say I said you ain't seen nothing, think you're down on a muffin, then you're sure there'll be a changing ways I met a cheerleader, was a real young breed, all the times I could reminisce All the best things I love them with a sister and a cousin, all the start with a little kiss like this See-saw swinging open bars in the school And your food flying up in the air Sing a hey diddle diddle With your kitty in the middle of a swing like a diddle cab So I took a big chance at the high school dance With a missy who was ready to play Was I mean she a fool Of course she knew what she was doing And an old lover's here to stay But she told her to walk this way On your spine I just give you a kiss I like this Thank you. We started singing with the balls in the school and your feet were flying up in the air. We sang, hey, diddy, diddy, with your kitty in the middle, I'd swing like I didn't care. So we took a big chance at the high school dance with a missy who was ready to play. Was it me? She was fooling, but she knew what she was doing when she taught me how to walk this way. She told me to walk this way, walk this way, walk this way, walk this way, walk this way, walk this way. Walk this way Walk this way Talk this way Just give me a kiss Like this We'll be right back. I'm not going to be here. There's not a lot of things to do I wouldn't rather do with you Guess I'm funny away Lately I just sit and stare I talk to people who aren't there To get to one night away One night a day One step away From leaving you behind I set up with the radio Sing along with the ones I know To get through one night a day Calling every friend I've had I wake them up and make them there To let them know that I'm okay I used to sit and talk to you But they're all just a substitute To get to one night a day One night a day, one step away from leaving you behind. I stay up with a late, late show Just another way I'd call To get to one night a day To get to one night a day Thank you. Thank you. Thank you. I would walk ten miles on my hands and knees Ain't no doubt about babies, you are in the knees Unless I was a lion and girl, Christy Bear It's my life, baby, but I don't care Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Oh yes, baby, I couldn't swim to sea. Nothing I'd do for you that's too tough to me. Put out a burnt building with a shovel and dirt You might even worry about getting hurt Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? We'll be right back. Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Think about the burning money that I've earned And not even worry about getting burned I'm planting in my state, my goal I'm an athlete just to have you, baby Close to me Is that tough enough Is that tough enough Is that tough enough Is that tough enough Is that tough enough Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? Ain't that tough enough? I feel so bad You're lying here next to me I hold my room You're my dead heart feels My hands just want to keep still I love you, baby I love you, I love you, I love you I just want to hold you Like my fingers in my head Out of sight I heard right there, right there Closer Closer Closer No. Thank you. Every day I know the moment you want, you want, you want, and anyway. We, we, we, stay proud. For I hold back, no way. This time it looks like love is here to stay. As long as I shall live I'll give you all I have And all I have to give Pleaser and pleaser Anytime or anyplace Eager and eager To feel your sweet lips on my face Deeper and deeper In love with you unfolding Yeah. Sweeter, sweeter. You did the words of love. Keep calling. I know. Love, love, love. There's a little more. I know. Need, need, need. Everything. I know. Thank you. I'm talking away I don't know what to say I'm saving you away Today's another day To find you shying away I'll become the way I love will kill you Take on me Take on me Take on me I'll be gone But I'll take on you So I need less to say I'm on the Senate It's about to be stumbling away Stumbling, but life is okay Stay up to me It's for better to be safe and sorry Take on me Take on me Take me Take on me Are we gone? We're done. Thank you. The things I've got to remember They shine away I'll be coming You anyway Take on me Take on me Take on me I'll be gone Take on me Take on me. Take on me. I'll take on you. Take on me. Take on me. Take on me. Take on me. I'm sorry. Too many of you cry Brother, brother, brother There's far too many of you dying You know we've got a mind To bring some loving here today Father, father We don't need to escalate You see, war is not the answer For only love can help you hate You know we've got to find our way To bring some love and give the day Picket lines and picket signs Don't punish me with brutality Talk to me so you can see Oh, what's going on? What's going on? What's going on? Yeah, what's going on? Oh, what's going on? What's going on? Right now. Right now. Oh Thanks for having me. Brutality, come on, talk to me, so you can't see. What's going on? Yeah, what's going on? Tell me what's going on. I'll tell you what's going on. What's going on? Right on. Right on. Right on. Right on. Right on. Right on. Oh, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah Oh, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah, yeah What's that? I hear angels singing, telling me to make my move. Listen to it, their voices ringing, baby. If you feel it, get in the groove. Love is the rhythm of two hearts beating Bounding out a message, steady and true Talk to me baby, tell me what you're feeling I know what love is, what's it to you? Time's up, trains are leaving baby Are you ready to take that ride? Get on board, don't keep me waiting, baby I'll see you're willing to cross that line Love is a rhythm of two hearts beating Bounding out a message, steady and true Talk to me, baby, tell me what you're feeling I know what love is, what's it to you? I'm sure your heart is telling you true I got to know what her love is to you Cause to me it's the rhythm of two hearts beating Pounding out a message Steady and true Talk to me baby Tell me what you're feeling I know what love is What's it to you Love is a rhythm Of two hearts beating Pounding out a message Steady and true Talk to me baby Tell me what you're feeling I know what love is What's it to you I know what love is, what's into you? Fortunately you have got someone who relies on you We started out as friends But the thought of you just caged me in The symptoms are so deep It is much too late to turn our way We started out as friends Sign your name across my heart I want you to be my baby Suddenly across my heart I want you to be my lady Time sure will bring Disappointments in so many days It seems to be the way Bring the camping cars I love you play I'd rather be in hell With a baby than In cold heaven It seems to be the way Sign your name across my heart I want you to be my baby Sign a name across my heart I want you to be my lady Shooter whoppers never look into the sun Before the day's gone The whole world shines bright And so day A stranger blue Alone with no one won't deal with the blue Shall I stay showering In the one that makes the rain Bop, bop, shu-wop, bop, bop, shu-wop, bop All along with you Makes the butterflies Me arise Slowly we make love And the earth contains To our dictates Slowly we make love Hey Sign your name, boss my heart Sign your name, boss my heart Sign your name, boss my heart I want you to be my lady Sign your name, boss my heart Sign your name, boss my heart I love you. Let me tell you about a place Somewhere up a New York way Where the people are so gay Twisting the night away Here they have a lot of fun Putting trouble on the run Man, you find the old and young Twisting the night away There, twisting, twisting Everybody's feeling great They're twisting, twisting They're twisting the night away Here's a man in evening clothes How he got here I don't know But man you ought to see him go Twisting the night away He's dancing with the chicken slats She's moving up and back Oh man, there ain't nothing like Twisting the night away They're twisting, twisting Everybody's feeling great They're twisting, twisting They're twisting the night Let's twist the line Leap off Leap back Leap off Leap back I'm choosing. I'm flying. I'm twisting. They're twisting the night away. Here's a fella in blue jeans. Dancing with the older queen. Who's dolled up in a diamond ring. They're twisting the night away. Man, you ought to see her go. Twisting to the rock and roll Here you find the young and old Twisting the night away There, twisting, twisting, man Everybody's feeling great There, twisting, twisting There, twisting the night One more time We'll be back. We'll be back. What? How about? How about? When it's going, it's tough. It's tough. Get going, going, going. Tough, tough. When you're gonna dance to it, you're gonna feel the rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, rhythm, I got something to say. I'm going to put this dream in motion. Never let nothing stand in my way. Well, look, I'm going to get stuck. Look, I'm going to get going. I'm going to get myself across the river. That's the price I'm willing to pay. I'm going to make you stand and deliver. And give me love in the old-fashioned way I'll climb any mountain I'll do anything Can I touch you? And do the things that lovers do I wanna hold you I gotta get it through to you When we're gonna get stuck When we're gonna get stuck When we're gonna get stuck I got the feeling coming down the track. Don't let me. I'll climb any mountains. Don't let me. I'll do anything. Can I touch you? And do the things the lovers do. I want to hold you. I got to get it through to you. Oh, cause when we're going, it's tough. Turn it going. When we're going, it's rough. Turn it up. And again, and again, and again. Whoa, whoa, whoa, whoa, whoa, whoa. Yeah, yeah, yeah. Turn it up. Don't let my climb any mountain Don't let my climb any sea Don't let my climb any sea I reach for the heavens I reach for the heavens With you loving me Can I touch you? Can I touch you? Do the things that lovers do When I hold you I gotta get it through you Go and get stuck Go and get rough Go and get stuck Go and get rough Go and get the dough Go and get the dough Go and get the dough Go and get the dough Go and get the dough La la la la la la la la There's a rose in black and Spanish Harlem Your rose in black and Spanish Harlem It is a special one It never sees the sun It only comes out when the moon is on the run And all the stars are leaving It's growing in the street Right up through the concrete But so sweet and dreamy There is a rose in Stanislaus Or rolls in black and spread his Harlem With eyes as black as gold That look down in his soul And shot a fire there And then he loses control I'm gonna make his part Yeah Who's going to take that road And watch her as she bros In his sky guitar solo Oh, Rose is black and Spanish island With eyes that black is cold That look down in his hole Then start a fire and then he loses control And I'm gonna beg his father He's going to pick that rose And watch her as she grows Give it, darling Heavenly shades of night are falling, it's twilight time. Out of the mist your voice is calling, it's twilight time. When purple purple curtains mark the end of day, I'll hear you, my dear, at twilight time. Deepening shadows gather splendor as day is done Fingers of night will sing surrender the setting sun I count the moments, darling, till you're here with me Together, at last, at twilight, I'm here In the afterglow of day, we keep our rendezvous in the blue. In the sweet and same old way, I fall in love again as I did then. Deep in the dark your kiss will fill me like days of old Lighting the spark of love that fills me with dreams untold Each day I pray for evening just to be with you Together at last a twilight light In the afternoon of the day We keep our rendezvous Beneath the blue In the sweet and similar way I fall in love again As I did then Deep in the dark your kiss will thrill me Like days of old Lighting the spark of love That fills me With dreams untold Each day I pray for evening Just to be with you Together At last at twilight time Together At last at twilight time I'm not alone. Yeah, you really got me now You got me so I don't know what I'm doing at Oh yeah, you really got me now You got me so I can't sleep on my legs You really got me, you really got me You really got me See, don't ever set me free I always wanna be by your side Girl, you really got me now You got me so I can't sleep at night Yeah, you really got me now You got me so I don't know why I'm going there Oh yeah, you really got me now You got me so I can't sleep at night You really got me, you really got me You really got me Oh no! See, don't ever set me free I always wanna be by your side Girl, you really got me now You got me so I can't sleep at night Yeah, you really got me now You got me so I don't know what I'm doing, man Oh yeah, you really got me now You got me so I got me back now And you really got me You really got me You really got me Every light in the house is on, I guess it's waiting on you and me. I know it's old to midnight, now it's almost daylight, I could be losing more than sleep. Oh, it's over any trouble, yes I do But I don't care about that, I just care about you I don't wanna be your daddy's favorite And I don't wanna be your brother's best friend No baby, that's not the way this love story goes I'm not the answer to your mama's praise And I don't care what all your friends are saying I just want to be the one you love the most Now we could blame it on the yellow moon We could blame it on a thousand stars We could sell them that we broke down Some pair of them Blame it all on the car Yeah, there's some good stories we can make up But I just wanna tell them all the story of love I don't wanna be your daddy's favorite And I don't wanna be your brother's best friend No, baby, that's not the way this love story goes I'm not the answer to your mama's praying And I don't care what all your friends are saying I just want to be the one you love the most I don't want to be your daddy's favorite And I don't want to be your brother's best friend No, baby, that's not the way this love story goes. I'm not the answer to your mama's praying. And I don't care what all your friends are saying. I just want to be the one you love the most. Yeah, yeah, I just want to be the one you love the most. I'm sorry. Thank you. It's all the same Only the name will change Every day It seems we're wasted away To no place Where the faces are so cold I'll drive all night Just to get back home I'm a cowboy On a steel horse I ride I want it Dead or alive Want it Dead or alive Sometimes I sleep Sometimes it's not the place The people I meet Always go this place Sometimes you tell me By the bottle that you drink Sometimes when you're alone All you do is think I'm a cowboy On the steel horse I ride I want it, want it, head of the line Want it, want it, head of the line Oh, you're right. I'm a cowboy On a steel side On water Fill the night When I walk these streets A loaded six string on my back I played with keys Cause I might not make it back I've been everywhere I am Standing tall I've seen a million faces And I've rocked them all Cause I'm a cowboy On a steel road sideline Unwanted, wanted Dead or alive And I'm a cowboy I got the night on my side I'm wanted, wanted Little alive And I'm alive And I'm alive Little alive I still try Still die Little alive Little alive Little alive Never alive Never alive Never alive I'm sorry. She tries for the honesty, but the truth gets in the way. Cause I know inside what she can't bring herself to say. There's something dying deep in her heart. I feel it when I touch her hand. So I tell her a lie, when I tell her I understand But inside, I die a little each day Inside, I feel her slipping away Inside, if she knew I hurt this way inside She'd find a reason to stay So I must keep this broken heart down deep inside She turns to look at me trying to speak her mind A thousand reasons In search of a single rhyme And suddenly it occurs to me She's trying to say goodbye So I give her a smile And tell her that I'll be alright But inside I die a little each day Inside I feel her slipping away Inside If she knew I hurt this way Inside She'd find a reason to stay And so I must keep This broken heart down deep inside Sometimes love will slip away It's hard to say just why Is it something that's said Or is it instead Something that just simply dies Inside Inside Inside If she knew I hurt this way Inside She'd find a reason to stay And so I must keep this broken heart down deep Inside Ooh Ooh Ooh Ooh Ooh Ooh Thank you. But thinking nothing, nothing could go wrong Well now I know She has some boosting ability To take everything she sees And now it seems I'm falling, falling for her She sees the hat and the physical touch She reaches in and that's what I'm holding over She seems to have been busy but touching. It takes control and slowly tears you apart. But I don't really know her. I only know her name. But she crawls under your skin. You're never quite the same. And now I know. She's got something you just can't trust. It's something mysterious And now it seems I'm falling, falling apart She sees the hat And a busy bird touch it She reaches in And plans for holding your heart She sees the hat And a busy bird touch it It takes control And slowly tears you apart We'll be right back. I know she will mess up your life You want her just to say And now I know She has the best inability To take everything she sees And now it seems I've fallen, fallen for her She sees the path of invisible touch She reaches in And must not hold her heart She sees her path and is it all touched down? It takes control and so it tends to a bar She sees her hands to her little tiny girl She sees her hands to her little tiny girl She sees her hands to her little tiny girl She sees her hands to her little tiny girl Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, Trophy, T I looked in the water and had no reflections to show. Oh, and man is the time I have stood at the crossroad, not knowing which way to go. Man, here's the time someone lay close beside me And I don't remember her name They'll say that I'm just a smile and a moment But that was before you came You're the one in a million You're the one, you're the one You're the one in a million, I see You're the one in a million You're the one, you're the one You're the one in a million for me Now all of the others were brave says to go to but I had nowhere to sleep Well I've never made any promises to them nothing expected to be You're the one in a million You're the one You're the one You're the one in a million I see You're the one in a million You're the one, you're the one You're the one in a million for me Well, you're the one in a million You're the one, you're the one You're the one in a million I see You're the one in a million You're the one, you're the one You're the one in a million for me You're the one in a million You're the one, you're the one You're the one in a million I see You're the one in a million You're the one, you're the one You're the one in a million I know you told me such a long time ago that you didn't want me, you didn't love me no more. I wanna know Oh, what it makes me be Do you believe me, child? I'm a fool for you Oh, I'm a fool for you I know you told me You didn't want me around And I know You got a man way across town So I know it's something Oh, what makes me be Baby, baby, child, I'm a fool for you Oh, I'm a fool for you Did you ever wake up in the morning Or just about to break a day Reach over and feel a pillow Where your baby used to lay Then you put on your cry Like you never cried before Oh Lord Yeah, you'll even cry so loud You'll give the blues to your neighbor next door Ever since you were five years old, baby I've been a fool for you, little girl Way down in my soul I'm a little fool for you So I Outside the strategic mission, Crofts looking for running out. He's going to do it. Final Crofts of the Baker's Heart Valley. Northeast bound. Chase found. Crofts is going to be outside. Here's Crofts. As strategic mission toward the rail. Northeast bound. And the kingdom. Thank you. Welcome to A Greener Blue Grass. I'm Mark York with Lexington's Department of Environmental Quality and Public Works. As you can tell, we're in downtown Lexington at Triangle Park. Christmas is fast approaching, which leads us to a lot of recycling opportunities in Lexington throughout this holiday season as you exchange gifts. We have the opportunity to recycle more. We're also in this program going to talk about a new recycling initiative in the downtown area by downtown businesses. businesses. But first, we're going to talk about leaves and leaf collection in our urban services area. Rob Allen from our Streets and Roads Division is here with more information on leaf collection. Leaf collection. Is that going on here, Sam? That will start Monday, November 26th. Talk to us a little bit about how leaf collection works here in Tech County. Leaf collection is a one-time event for citizens who receive residential trash collection from LFUCG. The Sunday before your zone is scheduled to be picked up, the leaves need to be raked to the strip between the sidewalk and the road or to the edge of your yard. If you do not have a sidewalk, do not rake them into the street. That's hazardous. It's unsightly. You could get a citation or even find. And also...