♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ ♪♪ I don't think I've ever heard it this quiet in the room on a Thursday. But that's good. I'd like to call to order the Planning Commission meeting December 13th. And at this time I would like to ask for approval of the minutes. 2007 to September 13th, 2007. If there are no corrections, additions, revisions, the chair will entertain a motion for approval of the minutes. Mr. Chair, I move for approval of the minutes for October 11th, 2007, and September 13th, 2007 minutes. Second. It's been moved and seconded to approve the minutes. All those in favor say aye. Aye. Opposed? Minutes accepted. Okay. Next item we'll have will be any postponements or withdrawals. Mr. Chairman, members of the commission, my name is Jason Banks. I'm with Eagle Engineering. If you'll turn to page 8, item J, DP 2007-153, National Subdivision Unit 1, lots 5 through 10, we would request a one-month postponement to your January 17th meeting. Okay. January 17th, Mr. Sally, is that the correct date for us? Okay. We have a request for a one-month postponement to the January 17th, 2008 meeting for DP 2007-153, National Subdivision Unit 1, lots 5 through 10. Is there anyone in the audience that would like to speak to this request for postponement? Seeing none, the chair will entertain a motion. Mr. Chairman, I move for one-month postponement to the January 17th, 2008 of DP 2007-153. Second. It's been moved and seconded. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Mr. Chairman, I'm Dick Murphy. On page 11 of your agenda, the Zone Change No. 1, Tates Creek Heights LLC Zoning Map Amendment and Pinnacle Lot 1 Amendment Zoning Development Plan, we're requesting a postponement to your January zoning meeting. This has been postponed a number of times. We hope this will be the last time. But every time we've postponed it, we've communicated in advance with the Tanbark Neighborhood Association and gotten their approval to do that. I just wanted to let you know about that. Thank you, Mr. Murphy. We have a request for a one-month postponement to the January 17th meeting for MAR 2007-9. I think that would be the 31st, Mr. Chairman. I'm sorry. I said 1731st. Is that correct, Mr. Salih? Okay. My apologies. MAR 2007-9, Tates Creek Heights LLC and the Associated Zoning Development Plan, ZDP 2007-50, Pinnacle Lot 1, located at 1093, 1097, and 1099 Duval Street. This is a request for a one-month postponement to the January 31st, 2008 meeting. Is there anyone in the audience who would like to speak to this request for postponement? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for postponement of MAR 2007-9 to the January 31st, 2008 meeting. And the Associated Zoning Development? And the Associated Development Plan, ZDP 2007-50. Okay. Okay. We have a motion and a second to postpone MAR 2007-9 and the Associated Zoning Development Plan, ZDP 2007-50. All those in favor of the motion say aye. Aye. All opposed? Motion carries. Thank you. Thank you, sir. Mr. Chairman, Members of the Commission, I'm Rory Cayley with EA Partners. Page 1, Item 1, Plan 2007-52P, Tuscany Unit 5, request a one-month postponement to January 17th. Okay. We have a request for a one-month postponement to the January 31st. 17th. 17th. I'm getting ahead of myself. I apologize. January 17th, 2008 meeting for Plan 2007-52P, Tuscany Unit 5, located at 1970 Winchester Road. Is there anyone in the audience that would like to speak to this request for postponement? Seeing none, the Chair will entertain a motion. Mr. Chairman, move for postponement of Plan 2007-52P, January 17th. Second. It's been moved and seconded. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. On page 6, Item C, DP 2007-134, Sand Lake and the Estes Property, request a one-month postponement to January 17th. Okay. We have a request for a one-month postponement to the January 17th, 2008 meeting for DP 2007-134, Sand Lake and Estes Property, located at Richmond Road and South Eagle Creek Drive. Is there anyone in the audience that would like to speak to this request? Seeing none, the Chair will entertain a motion. Mr. Chairman, I move for postponement of DP 2007-134 to the January 17th, 2008 meeting. Second. It's been moved and seconded. All those in favor say aye. Aye. All those opposed? Motion carries. Thank you. And on page 5, under Development Plans, Item A, DP 2007-100, Kingston Hall, Unit 2, request a one-month postponement to January 17th as well. Thank you, Mr. Kaley. We have a request for a one-month postponement to the January 17th, 2008 meeting for DP 2007-100, Kingston Hall, Unit 2, located at 2356 Newtown Pike. Is there anyone in the audience that would like to speak to this request for postponement? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for postponement to the January 17th, 2008 meeting for DP 2007-100. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Mr. Chairman, members of the Commission, Jim Hodge on page 15 of your agenda, under Category C, Item 1, ZOTA 2007-7 Amendment to Article 8.1d. You'll be pleased and relieved to know that I'm requesting an indefinite postponement. Thank you, Mr. Hodge. We have a request for an indefinite postponement of ZOTA 2007-7 Amendment to Article 8.1d. Is there anyone in the audience that would like to speak to this request for indefinite postponement? Seeing none, the Chair will entertain a motion. Mr. Chairman, I move for indefinite postponement for ZOTA 2007-7. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Do we have any additional postponements or withdrawals? Do we have any from staff? Mr. Chairman, there are three items on your agenda that may be postponed. On page 2, Item A, Plan 2007-201-NDC Property, it is staff's understanding that the applicant's attorney has spoken with our legal department and has requested a postponement for two months. That is correct. I spoke to Mr. Rochelle this morning, and a two-month postponement would be the February 14th meeting. Thank you very much. We have a request for a two-month postponement to the February 14th, 2008 meeting from the applicant communicated to staff for Plan 2007-201F, NDC Property, Unit 1-A, Lot 16, located at 249 Ruscio Way. Is there anyone in the audience who would like to speak to this request? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for a two-month postponement of Plan 2007-201F to the February 14th, 2008 meeting. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Mr. Chairman, on Page 7, at the top of the page, DP-2007-138, Covey Ridge Development Company. That plan will require action by the Urban County Council, which has not happened as yet. So that Plan 2 needs to be postponed. The applicant is not here. We've had discussions with them, but they did not get anyone here today. So it can be postponed, however. Is there a specific date for postponement? One month, yes, sir. Thank you. One month would be until the January 17th meeting? Yes, sir. Okay. We have a request for a one-month postponement of DP-2007-138, Covey Ridge Development Company, Lot 1, located at 5527-5531 Athens-Boonesboro Road. Does anyone in the audience like to speak to this request for postponement? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for postponement of DP-2007-138 to the January 17th, 2008 meeting. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. And, Mr. Chairman, the final item, page 9, item L, DP-2007-155, Eastland Parkway Church of God. We have received a letter from that applicant requesting a one-month postponement. Thank you, Mr. Martin. We have a letter received from the applicant for a request for postponement of DP-2007-155, Eastland Parkway Church of God, Lot 2, located at 2550 and 2598 Liberty Road. This request is for a one-month postponement until the January 17th meeting. Is there anyone in the audience who would like to speak to this request for postponement? Seeing none, the Chair will entertain a motion. Mr. Chairman, I move for postponement of DP-2007-155 to the January 17th meeting. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Are there any additional postponements or withdrawals? Okay. At this time, we will accept any potential sounded items. Mr. Chairman, I'm Roger Ladenberger. On page 4, item H, Plan 2005-330F, South Hill Gardens. We're in agreement with those conditions and request approval. Thank you, Mr. Ladenberger. We have a request for approval of Plan 2005-330F, South Hill Gardens, located at 408 and 426 South Mill Street and 421 through 437 Lawrence Street, subject to 14 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chair, I move approval of Plan 2005-330F with the 14 conditions as approved before. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you, sir. And on page 7, item F, DP 2007-148, Hoover Property, amended. We're in agreement with those conditions and request approval. Thank you. We have a request for approval of DP 2007-148, Hoover Property, located at 3901 and 3955 Harrisburg Road with the nine conditions. Is there anyone in the audience that would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chairman, I move for approval of DP 2007-148 with the nine conditions noted. Second. We have a motion and a second for approval. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. And the next item, G, DP 2007-149, Zandale Shopping Center, amended. We're in agreement with those conditions and request approval. And I can tell you, items 12, 13, and 14 were items to be resolved. We have resolved number 12 with Urban Forester, canopy calculations. We have agreed to the new wording for condition number 14. And we have resolved the access question to East Ellery Lane because we've decided to leave the two previously approved access points where they are. Okay. Staff, do you have anything you'd like to add? Mr. Chairman, I did have a conversation with Roger prior to the meeting, and he did agree to meet the approved, the currently approved access points, as shown on the currently approved development plan. It does resolve number 13. The number 11, 12, and 14, we have worked on that. However, I see no problem with allowing those conditions to remain because, although we've made progress, we've not yet received all the information and had a chance to completely review it. We're comfortable with the direction that we've gone, but I don't believe that leaving those items on will affect the progress of that plan. Okay. Thank you. Is the commission okay with going forward as a sounded item? Okay. Is there anyone in the audience who would like to speak to this request for approval, DP 2007-149, Zandell Shopping Center? I believe, staff, you would like for 13 to remain as a condition. Is that correct? I believe 12 and 14 should remain, and 13 could state access to East Lowry Lane per currently approved development plan. And then we're absolutely sure on that point then. Okay. So we will revise 13 per your statement just a few minutes ago. Yes, sir. Okay. All right. Does anybody else want to speak to this request? Seeing none, the chair will entertain a motion for approval with revisions to condition 13. Mr. Chairman, I move approval of DP 2007-149 with the 11 conditions, well, leaving 12 and 14 and changing 13 to per condition approved the development plan. Second. Okay. We have a request for approval. Motion and a second. Excuse me. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Good afternoon, Mr. Chairman, members of the commission. I'm Andy Holmes on page 8, item I, DP 2007-152. We're in agreement with the 11 conditions noted and request approval. And that's on page 8, correct? That's correct. Okay. We have a request for approval of DP 2007-152, LJR Corporation in Richmond Woods, located at 2637 Richmond Road with 11 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, move for approval of DP 2007-152 with conditions. Second. We have a motion and a second for approval. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Mr. Chairman, members of the commission, if you would turn to page 2 of your agenda, item B, plan 2007-237F, Fox Hill Farm amended. We are in agreement with staff's 12 conditions and would request approval. I have the affidavit regarding the posting of the sign here, and this also takes a waiver of your subdivision regulations. And I think you have a copy of the staff report in front of you. Okay. Mr. Martin, you have a? If you would look at this color, this tan color handout, that is a waiver report on this plan. And the information on that waiver request is, of course, contained in the report. To summarize it for you, staff has recommended approval of the waiver request. But we are certainly prepared to present the plan if you would like to see it. Is there anyone in commission who would like to see this plan? I just got a question for staff. Is the staff comfortable with the access easement and the location thereof? Our recommendation is that the access easement be on the existing farm road, not they had proposed a different location, and we were not comfortable with that. We're okay with that. Okay. Is anyone else on the commission? Questions? Okay. We have a request for approval of Plan 2007-237F, Foxhill Farm, located at 2494 Lemons Mill Road, subject to the 12 conditions. Condition 8 requires a waiver to Article 6-4C of the land subdivision regulations, which is the tan attachment. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, I move for approval of Plan 2007-237F with 12 conditions, changing number 8 to granting the waiver as requested. Does that granting of the waiver include the recommendation of an additional condition related to the access road? It's listed on the report. Yes. Is there a second to the motion? Second. Okay. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Mr. Chairman, on the same page right below, Item C, Plan 2007-238F, Pinnacle, Unit 5, Lot 22, amended. We're in agreement with staff's conditions and would request approval on that one also. Okay. We have a request for approval of Plan 2007-238F, Pinnacle, Unit 5, Lot 22, located at 1081 Duval Street with 9 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, I move for approval of Plan 2007-238F, Pinnacle, Unit 5, Lot 22. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Mr. Chairman, members of the commission, my name is Matt Carter. If you would turn to page 7 in the agenda, Item Number H at the bottom, DP-2007-151, Overbrook Land Company. The Subdivision Committee recommended referral, and we have since resubmitted a plan and addressed their issues to planning staff. So at this time, we are recommending approval. We are in agreement with the conditions. Okay. Thank you, Mr. Carter. Staff, are we in agreement with? Mr. Chairman, he is absolutely correct. They did submit a new plan. It has removed from the plan those areas that raised our concerns and why we had those items on the plan, and it was the reason we had recommended referral. So they have completely removed those items of concern from the plan. Under those circumstances, it is an approvable plan. Subject to the same 17 conditions, is that right? Yes, sir. Okay. We have a request for approval of DP-2007-151, Overbrook Land Company, located at 1252-1264 and 1282 East New Circle Road, and 2011, 2015, 2019, and 2035 Liberty Road, subject to 17 conditions. Excuse me, Mr. Chairman. I apologize. You can delete 17. The waiver is no longer necessary. Okay. So you can delete 17. Thank you. Thank you. Okay. Deleting condition 17, so subject to 16 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chairman, I move for approval of DP-2007-151 with the 16 conditions as noted, noting that number 17 is no longer necessary because of the revised plan. We have a motion and a second. All those in favor, say aye. Aye. Opposed? Motion carries. Thank you. If you would turn to page 10 in the agenda, item number 0, DP-2007-126, LT Ruth Property, Blue Grass Regional Mental Health. We're in agreement with the 19 conditions and are asking approval. Okay. At this time, I'm going to ask our Vice Chair, Ms. Godfrey, to preside over this case. I need to recuse myself from this application. Page 10, item 0. At this time, we have a request for approval of DP-2007-126 with 19 conditions. Is there anyone in the audience who wishes to address this issue? Hearing none, I'll turn it over to the Commission. Madam Chairman, I move for approval of DP-2007-126 subject to the 19 conditions. Second. We have a motion and a second for approval. All in favor, signify by saying aye. Aye. Any opposed? Motion carries. Thank you. We'll have the Chairman to come back in now. Yes, Mr. Chairman, members of the Commission, my name is Brad Boaz with CMW Architects. And I'd like you to turn to page 6 and look at item B, DP-2007-132, Red Mile Square, amended, located at 936 Red Mile Road. We have corrected the conflict that caused for the postponement last month and agreed to the 17 conditions and request approval. Thank you very much. Staff, you would like to add something to this? Mr. Chairman, we have received a revised plan and those conflicts have been addressed. And we believe this is an approvable plan as the new plan has been submitted. Thank you, Mr. Martin. We have a request for approval of DP-2007-132, Red Mile Square, Inc., located at 936 Red Mile Road. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chairman, move for approval of DP-2007-132, Red Mile Square, Inc., with the conditions. Second. We have a motion and a second. All those in favor, say aye. Aye. Opposed? Motion carries. Thank you. Mr. Chairman, Commission members, I'm at the very bottom of page 3 on the agenda, Plan 2007-242F. We agree with the conditions and ask for approval. Okay. We have a request for approval of Plan 2007-242F, RK Management, located at 601 Add Curler Drive, and subject to 14 conditions, which continue on to page 4, it appears. Condition 14, Commission must make a finding regarding access. Yes, sir. Okay. They are proposing an access easement across one lot to serve the second lot where the motel is. It's governed by a development plan. It's fairly standard in these circumstances that we do that. Oh, yes, sir. We're comfortable. Both the property is governed by a development plan, and they're subdividing the front end, and we're comfortable. It was served previously by an access off of Add Curler Drive. Thank you, Mr. Martin. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for approval of Plan 2007-242F with the 14 conditions as noted. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Mr. Chairman, members of the Commission, I'm Tony Barrett with Barrett Partners. And on page 9 at the bottom, it's letter M, DP-2007-156, Lewis B. Sherrod property. I'm in agreement with the conditions and ask for approval. Thank you, Mr. Barrett. Thank you, Mr. Barrett. We have a request for approval of DP-2007-156, Lewis B. Sherrod, located at 1919 and 1927 Harrisburg Road, subject to there's three conditions on page 9, and it continues to page 10 for a total of 10 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, I make the motion to approve DP-2007-156. We have a motion and a second for approval. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Mr. Chairman, members of the commission, Rory Caley with EA Partners. If we could begin on top of page 3. Plan 2007-239F, guest property, unit 6A. We're in agreement with the conditions and request approval. Okay. We have a request for approval of Plan 2007-239F, guest property, unit 6-A, located on William Way with 13 conditions. Is there anyone in the audience who would like to speak to this request? Yes, sir. I think. Okay. We'll hear this case then. Thank you. All right. Moving right along. If we could go to page 5. Item J is Plan 2007-221F, Blue Grass Business Park. We are in agreement with the conditions. Item 11, this was before you last month. Item 11 is back with a waiver request, and staff has handed out that. My copy is tan. Mr. Chairman, members of the commission, it's the bright yellow handout with multiple pages. This is item J on the top of page 5. Okay. We have a request for approval of Plan 2007-221F, Blue Grass Business Park, located at 2540 Spur Road, subject to 10 conditions, and provided that the commission grants a waiver, which staff has provided their findings for this waiver on the goldenrod copy. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, I move for approval of Plan 2007-221F with the 11 conditions granting the requested waiver for the reasons provided by staff. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. On page 7, item E, DP 2007-141, New Market Property, Unit 8. We are in agreement with the eight conditions and request approval. Okay. We have a request for approval of DP 2007-141, New Market Property, Unit 8, located at 1501 Deerhaven Lane with eight conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Mr. Chairman, I move approval of 2007-141 with the eight conditions. Second. We have a motion and a second. All those in favor say aye. Aye. Opposed? I think you need to approve the EAMP compliance as well. Thank you. The pretty pink handout is the EAMP compliance report that staff prepared for you. I'll amend my motion to include the EAMP compliance report. Is that adding condition nine? That would be acceptance of the report. It does not have to be a separate condition. Okay. Thank you. Is there a second to that? Second. Okay. We have a motion and a second for approval. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. On page nine, top of the page, item K, DP 2007-154, Lake Point Subdivision, Block B, Lot 1. We are in agreement with the 12 conditions and request approval. Thank you. We have a request for approval of DP 2007-154, Lake Point Subdivision, Block B, Lot 1, located at 2374 Lake Park Road with 12 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Let me ask a question. On number 12, which says resolve detention base, does that mean location of detention base? What does that mean? Yes, sir. Yes, sir. The detention has been discussed on this site. They've not shown us any, and we're asking it be resolved. I believe they've had discussions with engineering about possible other ways to deal with their stormwater, but we wanted to be sure that that item remained so that that issue was clearly resolved. With its proximity to the reservoir, we feel that we'll be able to do an inline water quality system and then the water won't have to be detained on site. We'll clean it, and then it will get to progress into the reservoir. Otherwise, you're creating a pond just, you know, 100 yards from the reservoir itself. Is staff comfortable with that? Yes, sir. As long as, again, is engineering is comfortable with it, and they work it out with engineering. Tested my faith today. Would the commission like to see that plan? That's always an option. We can see that plan if we want to. Okay. Again, we have a request for approval. Is there anyone in the audience who would like to speak to this request for approval? There are 12 conditions, and at this time the chair will entertain a motion. Mr. Chairman, I move for approval of DP 2007-154, Lake Point Subdivision, with the 12 conditions provided by staff. We have a motion and a second. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. On page 10. DP 2006-69, Greendale Hills, Unit 2. This is a reapproval. We're in agreement with the 11 conditions and request approval. Reapproval. Okay. We have a request for a reapproval, it appears. DP 2006-69, Greendale Hills, Unit 2, located at 2930 Spur Road, with 11 conditions. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the chair will entertain a motion. Chairman, I move for reapproval of DP 2006-69, Greene Hills, Development, Unit 2. We have a motion and a second for approval. All those in favor say aye. Aye. Opposed? Motion carries. Thank you. Thank you. Yes. Oh, yes. I'd like to note a correction. Mr. Pan, is it for me that at the top it identifies 12 conditions, but 11 are listed? Yes, sir. That's typo, and I apologize for that. Thank you. Thank you, Mr. Pan. Yes, sir. Good afternoon. I'm Howard Cruz here for Ball Homes. Call your attention to Page 4, Item I, Plan 2006-149F, Sunny Slope Farm, Unit 3C. I would like to note that Item 10, the bond, has been submitted previously. Other than that, we are in agreement with the conditions and request approval. Thank you, Mr. Cruz. We have a request for approval of Plan 2006-149F, Sunny Slope Farm, Unit 3C, located at 4050 Sweet Spire Drive, subject to the 13 conditions. The applicant has noted that Condition 10, the bond, has been posted. Staff, do you have anything you'd like to add to that? He is correct. A bond has been posted. Okay. Do we need to keep that condition or delete that condition at this time, or? It's been met by the posting of the bond. Okay. I think it can remain. I think he's just noting for the record that he doesn't want us to make him post a second bond. Okay. Thank you. Is there anyone in the audience who would like to speak to this request for approval? Seeing none, the Chair will entertain a motion. Mr. Chair, I move for approval of Plan 2006-149F with the 13 conditions listed. We have a motion and a second. All those in favor say aye. Opposed? Motion carries. Thank you. Thank you. Any additional no discussion items? Staff, do we have any potential sounded items? In the subdivision area or the? Subdivision. I think all of them have been. We're ready to proceed. If you'll give us a couple minutes, we'll set up for the first plans. Okay. Thank you. We'll take a quick five-minute break and give staff time to set up. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I am ready. Yes, sir. Thank you. Mr. Chairman, members of the commission. On page three of your agenda, item D, plan 2007-239F, the guest property unit 6A. Following that is item E, plan 2007-2400F, guest property unit B. And item F, plan 2007-241F, guest property unit 6C. We have those all up here together for you to review. They are final record plats for this area of the guest property, unit 6, as it says. We are showing the subdivision and lotting pattern with the street connection with Jewett Creek here and Sperling Drive. This is Star Rush Place as it runs from A into B on down into C. There are 23 buildable lots here. There are 38 buildable lots here in A and B. I believe has approximately 34 buildable lots. I covered up my number, and I apologize for that. Let me demonstrate again the overall picture with the guest property. Here we have units 2, 3, and 4, 5. Here's how the property is laid out. Here you can see green space areas, water features that exist, I-75 that borders the property here. And again, we have Jewett Creek as it comes down through here. As it's shown on Unit A, it will extend through the property, hook up with Sperling Drive here and come in through here, as you see on A, and again, with the connection on B and C. The Subdivision Committee reviewed these properties and did recommend approval, as you can see on your agenda. Unit A was recommended for approval subject to 13 conditions. Those are very standard conditions. There was one condition, item 13, that we felt was necessary, and we added that condition because we had concerns specifically over in this area and its relationship here and here in this area. And we had those concerns because of the potential impact on wetlands, and you all are very familiar with that issue, and that is why we pinpointed that concern. This is the reason this section through here has been deleted from this plat, is to keep it away from this area over here where there are some wetlands. In this area, again, Sperling Drive will connect with Unit 13, where it has been constructed up to this point, and they're proposing, then, to dedicate the rest of the drive with this plat. Again, staff presented this to the Subdivision Committee, and they did recommend approval, again, with those standard conditions, other than that 13, which we do believe would allow this plat to move forward. On Plan E, 207-240F, Unit B, it was also recommended for approval, subject to 12 conditions, and upon subsequent review, staff has determined that on that plan, item 11 can be deleted, which is recordation of Guest Property 6A prior to certification. Our concern there was, because of our concern at this connection, and, of course, going on out of the property through here and on out, because of our concern at this point, we were worried that you had to go from A to B to C, and then when we laid it all out, we realized that there is a connection available to Unit B here. Therefore, Unit B could proceed without the recordation of 6A, and the same is true with C because of their connection. On Unit C, it is Plan 2007-241F, Item F, on your agenda. The Subdivision Committee reviewed it, as well, and recommended approval, subject to the 10 conditions. You will see Item 10, recordation of Guest Property Unit 6B prior to certification because of that very connection issue. And obviously, C is dependent upon B. B, however, is no longer dependent upon A. And I'll be happy to answer any questions. Roberts. Thank you, Mr. Martin. Any questions from the commission for Mr. Martin? Thank you, sir. Thank you. Petitioner. Thank you, Mr. Chairman, members of the commission. I'm Rena Wiseman here today for Ball Homes, along with Howard Cruz of Ball Homes and Rory Cayley. We are in agreement with all the conditions on each of the plats, including the correction or the change that was just made to Unit 6B. The only issue I want to address is the issue about Condition 13. I know that's the one that's probably going to get more attention here in a moment. And I want to explain to the commission and to assure the commission that this is an issue that in no way should prevent these plats from being approved today. The developer has been working for the past nine months with the Division of Engineering, with the Department of Law, to ensure that the construction of Parcel 6 not impact the wetlands. We submitted our construction drawings in May of 2007. In July of 2007, Mr. Brian Stevens of Ball Homes wrote an e-mail to the Army Corps of Engineers, and I would like to read that to you. And I have copies if you'd like to have them. This, by the way, all of this information was submitted to by me in letters dated July the 31st with all the attachment to Commissioner Askew, the Commissioner of Law, whom we met with on this very topic on August 3rd. The same letter was delivered to Commissioner Kelly on July 24th with all these attachments. We met with Mr. Kelly on August 3rd about this issue before we began construction and before our construction plans were approved. We wanted to make sure before we did anything on Parcel 6 that we received all the necessary approvals from the government, and we have. And the work that's proceeding today is in compliance with all regulations and approvals, and we're not violating any ordinance or statute. That letter was also delivered to Mr. King. In this e-mail, Mr. Stevens sent to Dr. Patty Grace Jarrett, you and I have previously discussed that it would be prudent to review any ball homes' plans to perform near a wetland or an OH high water mark of a stream. With that in mind, I sent you an e-mail on May 31st regarding guest Parcel 6. That's what we're talking about today in December. It included our plans, phase lines, protection fencing, wetland areas, et cetera. Our plan is to protect the wetlands in the area while constructing our first phase of guest Parcel 6. I requested from you a brief review of the plans. I wanted to see with you if you agreed that our protection plans were sufficient and that we did not require a permit to work in the area, that is, while we are staying away from the wetlands and the high water mark. I would be glad to meet with you or Larry in the field to review our plans. Keep in mind that the Army Corps of Engineers implements the Clean Water Act, and they only have jurisdiction where it is the waters of the United States. They don't have jurisdiction in Floodplain or otherwise. So the only jurisdiction they have with respect to any property in Fayette County is where the waters of the U.S. are concerned. That was sent on July the 3rd. On Thursday, July the 12th, Ms. Dr. Grace Jarrett replied to Mr. Stevens, Brian, I've been out of the office a great deal lately and will be out the majority of the next two weeks. Ball Homes is under a C&D, a cease and desist order, which has been discussed in front of you before, for the placement of fill into the waters of the U.S. As long as you do not place fill in a water of the U.S., you are okay. May I repeat that? As long as you do not place fill in a water of the U.S., you are okay. If you are unsure of whether your activities would impact the waters of the U.S., including wetlands, you may want to confer with your environmental consultant. And that we did. And on August 8th of 2007, a letter was delivered to Hillard Newman in the engineering department from Red Wing Ecological Services, who has been the environmental consultant throughout this project. This addressed several other parcels. But with respect to parcel six, this letter states, as delineated and verified by the U.S. Army Corps of Engineers, note, and they had been, let me read it further before that, the boundaries of the jurisdictional waters of the U.S., including wetlands on the entire development site, have been delineated by Red Wing and verified by the Army Corps through the 404 permitting process. Then, with regard to parcel six, as delineated and verified by the Army Corps of Ears Engineers, I hope they have ears, no jurisdictional waters, wetlands are present within the proposed development area of this parcel. Thus, no waters, wetlands will be impacted by its development. This was provided to engineering. This was the subject of our meeting with Commissioner Askew and Commissioner Kelly on August 3rd. And we followed up with this to give them the assurance that if they could approve construction plans as we documented, we would not disturb the waters of the U.S. Prior to that meeting, there was a site meeting on parcel six that was attended by Hillard Newman, Marwan Rayon, Chuck Saylor, and David Danforth, all of the Division of Engineering, Howard Cruz, Lee Fields, Brian Stevens, and Al Gross on behalf of Ball Homes, where this property was walked over and the critical areas were identified and fenced off, and it was agreed upon as to what protection measures should be implemented. With all that background, then on August 27th, 2007, the construction plans for parcel six were accepted by the Division of Engineering, and work has proceeded pursuant to those construction plans. So in the normal course of things, we are now here to ask for approval of the final record plats. We agreed all the conditions. We believe we have already satisfied 13, but we'll certainly provide additional copies of the information we've already provided to the government, and we would ask that you approve these plans. I'll be glad to answer any questions, and if there's any comments that I need to respond to, I'd like to have that opportunity. Thank you, Ms. Wiseman. Any questions for Ms. Wiseman at this time? Mr. Catton. Ms. Wiseman, the cease and assist order that Ball Homes was given for fill that was put into those waters, how does that impact unit six? In other words, is that fill already been removed? Is it still in there? There is no work that will be done on unit six that impacts the wetlands or the waters of the U.S. What about the fill that was put in that created the cease and assist order? That already occurred. That occurred several years ago when that crossing was done. But that does not impact either one of these three? No, sir. Okay. Okay. Any additional questions? Ms. Phillips. Ms. Wiseman, I have a follow-up to that. Was there remediation required as a result of the cease and assist order? There is, but we're waiting until we get as a result of the application. Let me explain. We applied for the permit in March of 2005. It has not yet been issued. We were told in May of 2005 that everything had been received. We have provided additional information in the two years since. As part of that process, we submitted a mediation plan, which we will implement, but we're not allowed, but the only way you can mediate is to work in wetlands. We can't do that now because of the cease and assist order. So there is a mitigation plan that was part of the overall 404 permitting process. So that's where we are. It was not a result of the cease and assist order. The result of the cease and assist order was because after waiting several months, we went ahead and constructed a – there was a street crossing that was connected over an area. That – there's no dispute about that. So the – this section that's in question. This section that's in question. Which section that's in question? Section 6. Unit 6?  Unit 6. Okay. Unit 6. Are the wetlands – are there any areas that have been flagged by Red Wing engineers? Presumably Red Wing had the Corps of Engineers out there to verify the delineations. They have flagged areas to delineate what should not be included on the plan and what should not be worked on. Is that right? Mr. Cruz was out there. I'll try to answer these questions. As Rena – Howard Cruz with Ball Homes again – as Rena read earlier, the process of the permit involves our consultant delineating the wetlands as they see it. It's then submitted to the Corps of Engineers who agrees or disagrees. In this case, they have agreed. So all of the wetlands and waters of the U.S. on this property have been delineated and concurred to be waters of the U.S. by the Corps of Engineers. Do you have the – my microphone won't go on. Do you have that in writing? Or was that just a site visit that your – From the Corps of Engineers? I think that's evident from – Do you have a plat that shows that? There is no plat. I mean, there is a plan – excuse me. There is the original submittal to the Corps of Engineers which delineates the wetlands, and there's a lot of correspondence between our consultant and the Corps of Engineers regarding that delineation. And then at a later time in July or something of 2005, we submitted a mitigation plan. So there should be some documented evidence from the Corps that says, yes, we agree that these are the wetlands. Was that the question? Well, maybe I'm not phrasing it appropriately. What I'm trying to find is two things, is if there are any wetlands within Section 6 that would potentially impact our approval of this property, if there's some way that we could overlay the information that you were able to get, checked off the wetlands flagging that was checked off by the Corps of Engineers to give us a comfort level about no wetland areas being impacted by Section 6. And two, mitigation is typically only required if wetlands are impacted. That's correct. So I'm a little confused as to where and why mitigation might be required. Is it for Section 6, or is it for previous actions? It's for the entirety of the guest property. So it would be? Our original plan to the Corps showed impact to, and I don't remember the numbers exactly, three and a half of the seven acres of wetlands that were on site. And we were required to mitigate in a two-to-one ratio for those. So we are going to, when we're given permission, mitigate all of the areas that have been and will be affected by our construction activities. Including Hayes Boulevard? They're scattered over the entire project. The information that you requested about how the wetlands relate to this particular piece of the project were scrutinized a long time before we arrived at this configuration. So the staff has had ready access to that. I'd be happy to provide that again if they don't have it. There's no part of any of the wetlands that were delineated by the Corps or agreed to by the Corps that are contained on this property to be platted. We've gone to great lengths to fence off these areas. There's orange fence signs, everything, all over the property. There's been a tremendous amount of interest in this. I'm sure if we hadn't been doing what we were supposed to be doing, it would have been in the paper or something by now. We're just trying to go forward with this project just like any other project. I hope that answers your question. Mr. Aitken, I think, has a question. Yes, sir. Mr. Aitken. Here it comes. You know, what we're faced with is a lot of conversation, a lot of verbalizing, a lot of meetings that you've had and so forth that we're getting second, third hand and so forth. The only way we can judge this is, in addition to those reports that you're giving us and so forth, is a graphic demonstration of this. And what we're looking at here is, again, bits and pieces. We don't have any comprehensive view in indicating what the overall plan is, what has been approved, where the wetland issue, which is a big issue here, I can tell. It's been that way for a long time, as you well know, Howard. And we're looking at a bare bones plan here. We don't see how all this conversation and all these things that have been placed upon you has now come into a plan recognition. And please, we need that kind of information graphically so we can understand it. I'm a graphic person. I can't understand words. I understand. I guess from our perspective, we have provided that information. We've provided it to your staff, whom we assume represent you and your interests and what they choose to share with you or not. You know, I don't tell them what to bring or not to bring. I think they put the condition on here just to say, hey, you know, we've looked at this and we want to make sure that everything's done right. Let's make it as a general complaint, whether it's you or whether it's staff or whoever. I'd just like to visualize these things better. We feel like we have done that. I've mentioned this several times in meetings, that I find a great deal of difficulty of considering things out of context and then some description of something, what might happen and so forth or what has happened. And I've got to put those things together. And the best way I've known in my 45 years' experience is graphically. I just think graphically. I'd be happy to give that directly to you, Lyle, if you want. Well, I just think we ought to have it before the commission, not just me. I think Mr. King would like to add something. I'd just like to comment. I believe the Division of Engineering has a copy of the Red Wing Report. I believe I saw it in their office yesterday. I do not think we have one in the Division of Planning. However, I don't know if Mr. Newman brought it over here with him. It was a summary exhibit and I think it could be put on ELMO if they want to do that and Mr. Cruz or anyone from the other team can explain it if they want to. I can understand this. I've heard this enough times that I can understand it. But I think just not only in consideration of me, but I think everybody can visualize these things that are put in full context, you know, not just bits and pieces here and trying to put it together with the descriptions. I'm just a graphic person. Well, I guess in defense of us and staff, this plan was recommended for approval. It's pretty typical that we come down here and just say on the plan. So I don't think either of us were as prepared as perhaps we should have been. I apologize for that. It's okay. But, you know, it is what it is. Thank you, Mr. Cruz. Any other questions for Petitioner, Mr. Cruz, Ms. Wiseman? Thank you. We have, I believe we have someone in the audience that would like to speak to this application. Hello. Today my name is John Tucker. I'm here in protest of the approval of the plan. I can only speak out of what I've been able to obtain from the Corps of Engineers, but I was able to obtain an infrastructure and development agreement from Urban County Government. And Section 6 specifically gets into it. And this is your actual agreement they signed by Mr. Ball, EA Partners, and Hillary Newman from Lexington-Pete Urban County Government. Under Section 8, it specifically covers what we're talking about here today, obtain all local, state, and federal permits. I've been down here protesting several times about this. We found out there's no 404 permit issued on the thing. They're probably not impacting wetlands doing the work on it today, but my question is, where's the stormwater going? And I'll let any one of them address it. And just so you know, today, here's some pictures of what's happening to my farm at 830 this morning. So you can put them on overhead. Mr. Tucker, is your request with regards to stormwater relative to Section 6? Is that your ñ you said you want to ñ My understanding is any stormwater that's released from any of the guest property flows to my place at some time or another at some point through the creek. Okay. Is part of that Section 6 today what we're looking at? What I'm looking at today, from what I understand, Section 6 consists of. It discharges stormwater into the wetlands. So if it doesn't impact it by discharging soil into it, it definitely impacts it by putting water in. Thank you. Thank you. Do we have any questions for Mr. Tucker? Okay. Staff, do you have any additional comments? No, sir. Okay. Thank you. Mr. Chairman, could I ask that Ms. Wiseman provide a copy of the e-mail chain for our record? Okay. Thank you. Ms. Wiseman, do you have any additional comments? No comments? Okay. We have Plan 2007-239F, Guest Property Unit 6A. It appears Subdivision Committee has recommended approval subject to the 13 conditions. And I think we've seen staff also presented Plan 2007-240F, Unit 6B, and Plan 2007-241F, Guest Property Unit 6C. Unit 6B had 12 conditions. I think staff has stricken Condition 11. And then Unit 6C, there were a total of 10 conditions. We'll close the portion of the hearing and ask if there's any comments or questions from the commission. I'm sorry. Is there a motion from the commission? I've got a question before we get into the motion. If all I was seeing today is what's been presented here today, then I'm going to act on faith and I'm going to go with it. My problem is that I know we've got a mitigation plan. I know we've had problems with Hayes Boulevard. I know we've got wetland problems. And at some point, I'm just like my colleague here to the right, at some point all this has to fit together. And, Mr. Cruz, I have no doubt that you all have been in contact with the Corps of Engineers. I have no doubt the mitigation plan is there. My concern is that we've been told every step of the way that this isn't going to cause a problem. We've never passed something that hadn't been recommended by staff. We've never passed anything that the engineers haven't approved, and yet we've still got this problem. So I don't want to paint this with a broad brush, but we're eating it a little bit at a time. And pretty soon we're going to get to the last part of this, and we're going to live with whatever we've created here. And I don't know whether if the city is comfortable with what's happening here, then the city is going to have to pay for it, the citizens are going to have to pay for it, and the mitigation plan is going to have to work, or we're just continuing to make this situation worse and worse. And I've been here too long probably, but I've been here long enough to know that we've been sold a lot of things down the road on this with letters and assurances and everything else, and we've still got the problem. Now, I understand the Corps of Engineers doesn't move very fast. Sometimes I wonder if they move at all. And so two wrongs don't make a right. So I don't want to hold this project up just for the sake of holding it up, Ms. Wiseman. I don't think that's right either. But at some point I'd like to see what my colleague just asked for rather than a piece of paper, there's a mitigation plan here, and as soon as we're allowed to work on it, we're going to fix it. Well, we're driving on Hayes Boulevard, and it's in the wetlands. We have several other issues that we've happened. We're not going to move Hayes Boulevard. We're going to do a mitigation plan. So I guess I say all this to my fellow commissioners to say to you, I'm at a loss here. I don't know what in the world to do here. I don't want to be hard on staff. I don't want to be up on engineering. I sure don't want to stop ball homes. But I want to know at the end of the day the citizens of Lexington don't have to pay for a mess here. And if I continue to approve these things and we continue to go on down the road, then we're contributing to it just like the rest of the people are. Help me with an answer here, folks. I don't know what the answer is. Thank you, Mr. Penn. Ms. Cochran. If I understand correctly, the cease and desist order is also blocking implementation of the mitigation plan. So, you know, you can either hold everything up and continue to stalemate here or attempt to move forward. But really until the cease and desist order, until the Corps of Engineers acts, then you can't even implement the mitigation plan. So that's so right now we're in a situation where we're looking at this project that's dealing with three pieces of property units to be developed and only one corner of one is impacted by this process and they have removed all development out of that piece part. So basically there's this particular section of this property they have addressed the issue. So you're comfortable? Yes. Thank you, Ms. Cochran. Any other questions, comments, commission? Okay. Is there a motion? I guess the question is do we want to take all three of these properties or one at a time, A, B, and C? It's the commission's pleasure. I think we can take them all three at the same time. Okay. So I would like to make a motion that we approve plan 2007-239F with the 13 conditions as noted, plan 2007-240F with 11 conditions, eliminating number 11, and plan 2007-241F with 10 conditions. Second. We have a motion and a second to approve. Call the question at this time. All those in favor of the motion say aye. Aye. Opposed say no. No. Can we take a poll? I didn't quite get that. Mr. Holmes? Mr. Holmes? Mr. Holmes? On the motion? I'll take your vote on the motion. She's taking it. So are you wishing to abstain? Okay. Ms. Richardson? Ms. Whitman? Yes. Ms. Cogfrey? Yes. Mr. Ayton? No. Mr. Pinn? Mr. Mahan? Ms. Phillips? Mr. Day? Mr. Cravens? Mr. Baum? Yes. I have six yeses, three noes, and two abstentions. Okay. Motion carries. Thank you. Thank you. Thank you. Thank you. Is staff prepared? Is that it for subdivision? Mr. Chairman, I think we're ready for the bonds and letters of credit. Bonds? Okay. Onto the zoning items. Okay. Mr. Chairman, I move for release and call of bonds per the memo dated December 13, 2007, from Ron St. Clair to Chris King. Is there a second? Second. All right. We have a motion to second the recent release and call of bonds. All those in favor say aye. Aye. Opposed? Motion carries. Motion carries. Thank you. That's later. We'll give staff time to set up for our zoning items. I think I've gone over this. Okay. Okay. Okay. Okay. Thank you. I believe I wanted to ask, I probably got ahead of myself, Mr. Salih, do we have any zoning items that qualify abbreviated hearing? Mr. Chairman, I think the three remaining zone changes on your agenda may qualify if there are no objectors present to any of those. At this time we would go through those items and see if anyone in the audience wishes to speak to them. The first appears at the top of page 13 of today's agenda, MAR 2007-27, a request by TKM Properties for rezoning from AU and AR to I-1 for property at 2580 Spur Road. At this time we would ask if anyone is present who wishes to speak to or object to this proposed zone change on Spur Road. Seeing none, Mr. Chairman, this can be our first abbreviated hearing. Thank you, sir. The next item is on the next page, page 14, item 3, MAR 2007-28, a request by Hope Center Incorporated for rezoning from R2 to R3. This is for property at 1516 through 1520 Versailles Road. The staff does have a supplemental staff report to present to you on this item. We would ask at this time if anyone is present who wishes either to comment or speak to this proposed zone change. Okay? We do have, that will. Mr. Chairman, I think I mentioned this in the break. Mr. Paul Gregory, the president of the Neighborhood Association, would like to make what he assures me are very brief remarks that he believes would be consistent with the purpose of the abbreviated hearing and would ask that we could continue in that fashion. Okay. Okay. Ms. Weddle, do you see any concerns with abbreviated on that one? I don't think so. As long as that representation is accurate, then I think that would be within the purview of the commission to go forward in an abbreviated fashion. Okay. Thank you. We'll continue on with abbreviated on that one as well. Then the remaining item would be third in that listing, which is at the bottom of page 4. So we'll take them in the order that they remain on your agenda. Thank you, sir. Thank you. Sunday. Thank you, Chairman Vaughan, members of the commission. Our first item, again, is found at the top of page 13, item 2A, tab 3 in your notebooks. And it is MAR 2007-27, a request by TKM Properties, LLC. This is a zone change from an agricultural rural and agricultural urban zone to a light industrial zone for approximately 19 acres off Spur Road. And just for your reference, again, Spur Road is to the north of the property, and the subject property, again, is about 19 acres. It also has some frontage along the Norfolk Southern Railroad at its southwest corner. Also in the vicinity are Greendale Road to the west, Georgetown Road to the east, and, again, Spur Road to the north. And Innovation Drive does come from the southeast towards the subject property and will, my understanding, it's planned for the comprehensive plan and also on the neighboring property to make a curve and come up next to the subject property. The subject property is currently zoned AR and AU and is surrounded for the most part by light industrial zoning in this area. There's also some R3 to the north for the Ramsey Sullivan property and some B3 zoning along Georgetown Road. The subject property to the west or the property to the west has a, I believe it's a recording studio, and then to the east here, this part of the light industrial zoned area is still vacant but is owned by the Lexington Commerce entity. The applicant is proposing to rezone today in order to build an approximately 130,000 square foot distribution and warehouse facility. Along with that, they also want to have an office use and some vehicle maintenance on the property. I think on the development plan they're also showing a future expansion. Certainly in this area there is already I-1 zoning, which has incrementally rezoned over the past 15 years, and some of that has developed, although not all of it. And most of those properties in the vicinity that are I-1 do have conditional zoning restrictions on them, and that is mainly because of the existing Royal Spring Aquifer recharge area in this vicinity. The recharge area does cover a majority of the subject property down to approximately where the AU line of the property starts, so it's everything north towards Spur Road would be included in the aquifer recharge area. And the recharge area, of course, is environmentally sensitive and it also provides municipal drinking water for much of Georgetown and parts of Scott County. There's a comprehensive plan for this area. Let me give an overhead one as well. It does recommend light industrial. And in this vicinity you can see most of Innovation Drive or the Innovation Drive area, Citation Boulevard, Norfolk Southern, and Spur Road. Most of the area bounded or within Georgetown Citation, Norfolk Southern, and Spur is recommended for light industrial with the exception of some of the retail trade and then the location of the school, Lindley Elementary School, where you see the public education recommended to the northeast. But the subject property, again, is recommended for light industrial. But it would be in agreement with the comprehensive plan in terms of the applicant's request. And the zoning committee and staff have both recommended approval of this request because it is in agreement with the comprehensive plan at this location. And the recommendation is made subject to approval of the certification and certification of the associated development plan within two weeks. And then I would just note, since the zoning committee, the conditional zoning restrictions that the staff is recommending were, the staff met with the petitioner's representative and there was some tweaking proposed. And I would put this on the overhead for the commission to see. It's two small changes. First to the prohibited uses list that you can see on your agenda in the staff report in your notebook. That first change would be to item A. And it's underlined and bolded where we've made changes or crossed through. One of the concerns of the petitioner was their proposal to repair any of their vehicles on site. And item A prohibited establishments and lots for the display, rental, sale, and repair of farm equipment. And then that whole list, including trucks. So the staff felt comfortable with their ideas, not that a principal use would occur there for those things, but that the repair would be secondary and accessory only to their use. And the staff felt comfortable excluding repair in the prohibited use list so that still there could be no display, rental, or sale of those types of vehicles, but repair would be acceptable. And then the second item that the staff would propose changing on this list was item C, under truck terminals and freight yards. And in talking with the petitioner, we felt it was appropriate just to add an exception clause for truck terminals and freight yards to say except in conjunction with warehouse and distribution centers, which is, of course, the principal use proposed at this location. And then the rest of the list remains the same. The reasons that the staff felt that these conditional zoning restrictions were appropriate and necessary was because of the near location to the residential across Spur Road. Also the fact that it does lie within the aquifer recharge area. And then lastly, that the industrial use or industrial land in this area has been consistently restricted in this nature for industrial use. I'd be happy to answer any questions at this time. Thank you, Ms. White. Any questions for Ms. White? Thank you very much. Thank you. Thank you. Good afternoon. If you want to continue and look down at the bottom of page 13, and we have one condition on the top of page 14, this is ZDP 2007-158 Larkin property. As Tracy has told you how this property sits within the northern part of Lexington off Georgetown and Spur Road, and the fact that we have industrial uses also around this property. They are asking for the AR or AU, and they are asking for it to be I-1. The plan that we have is a preliminary development plan, which they'll have to come back and have a final development plan to finalize for building permits. The committee recommended approval with 11 conditions. We have some notes here from engineering how we would like to have number eight rewritten. Why he's doing that? Like I said, we have 11 conditions. We need to add a 12th condition with adding addition of conditional zoning to the plan. If you look at the bottom conditions, 9 through 11, those are all items that will be resolved at the time of final development plan. Okay. They have right there. It's OPSSV2B identified at the time of final development plan. With that, do you have any other questions? Thank you very much. Any questions? Comments? Thank you. Commissioner? Good afternoon. I'm Chris Westover for the applicant. With me today is David Stubblefield with Kentucky Eagle Beers, Rory Cayley with EA Partners. The applicant has looked very hard and long at finding an appropriately sized property that has suitable zoning for this. And in addition, the location by a railroad track is critically important to the overall operation. So I want to say we really appreciate how hard the staff has worked with us as well to come up with the appropriate conditions. We have reviewed the staff's report and the conditional zoning restrictions, and we agree with them. It was very important that the so-called tweaking, as Tracy put it, was done in order for the applicant to be able to use the freight line in order to receive shipments of goods. And so we have to have that as part of the overall operation. Similarly, there will be a large maintenance building on there because the applicant has a fleet of about 130 trucks and other vehicles, and it's important to be able to maintain and repair these vehicles on the premises. So with that, I would just ask for your approval, and we're in entire agreement with the staff report and recommendation. Do you have any questions? Thank you, Ms. Westover. Mr. Martin, you have something you want to add? Mr. Chairman, I would like to make a slight clarification. On your conditions for approval from the subdivision committee in consultation with engineering and legal, number 8, we would actually, that was written on the back of the piece of paper that you saw. It's probably a good thing you didn't see it. It's written in my scrawl, which is difficult to read. But we are recommending that number 8 read as follows. Denote OPSS fee to be identified in accordance with the OPSS agreement at the time of the final development plan. There you go. I never did well in penmanship. That's actually pretty legible. Okay, thank you. Any other questions from the commission for either the petitioner or the applicant at this time? Petitioner or staff? Mr. Mahan, yes, sir. I guess my question is, do we have a real good service plan when we're servicing over 100 trucks and changing oil and greasing, and are we sure that we're totally protected in the Royal Aquifer, that none of this used oil, et cetera? That's just a large maintenance area that I want to make sure we don't let contaminants get into our water system. Right. That's a very important concern. And we can incorporate water quality features in how the oil is collected and disposed of. I mean, there's more than just the oil change. We wash trucks. We wash salt off trucks. But there will be water quality features in place to do that. Okay. Thank you. Thank you, Mr. Mahan. Any additional questions, comments at this time? Okay. At this time, we'll close this portion of the hearing. And if there's any further discussion or motion from the commission, we do have staff-recommended approval with the noted revisions that we saw on the overhead ELMO and the zoning development plan, which the subdivision committee has recommended approval, and we noted correction to condition number eight, which we also saw on the overhead. So at this time, I'll turn it over to the commission. Okay. Mr. Chairman, I'd like to make a motion. I'd like to move for approval of MAR 2007-27 for the reasons provided by staff, except in the prohibited and conditional uses, as noted on the agenda, with the change to number C, well, A, under prohibited uses to change it to say establishments and lots for the display, rental, and sale of farm equipment, et cetera, and change in C, truck terminals and freight yards, and adding the words except in conjunction with the warehouse or distribution center. And these prohibited uses are and conditional uses are put in place for the three reasons that are listed on the staff report. That's my motion. Thank you, Ms. Godfrey. Is there a second to our motion? Second. Call the question. All those in favor of the motion, please say aye. Aye. Opposed, say no. Motion carries. Okay. I would like to move for approval of the associated development plan, ZDP 2007-158, with the 1011 conditions as noted, changing number 8 to denote OPSS fee to be identified in accordance with the OPSS agreement at the time of the final development plan, and adding a number 12 showing the acceptance of the conditional uses. We have a motion and a second. Call for the question. All those in favor, say aye. Aye. Opposed, say no. Motion carries. Thank you. Miss Wait, are you ready? Yes? I am that I think the next item should be behind tab 4 in your notebooks if the last item was tab 3 so It's mar 2007-18 request by Hope Center Inc This is a zone change request from an r2 which is a two-family residential zone to the r3 zone Which is the planned neighborhood residential zone for approximately an acre and a half for port for Adjacent parcels under sales road and and these are a little bit hard to read when I had Bob put the picture up, but I tried to outline the subject property in blue, and I'll use a different color next time So the four parcels together Constitute this area on this aerial photographer our aerial photograph and on our zoning map This view is from the south I believe from the north looking south whereas our zone Our zone map is oriented north, so they're kind of opposite, but hopefully you can all orient here Our one see across for sales road from the subject property again it is our two it's surrounded on three sides by our three zoning and Also in the vicinity there is some Our four zoning some b1 and mixed-use across for sales road but just in terms of locating some of the Nearby uses to the rear of the property is a large apartment complex To the west of the property is the Hope Center's existing Women's Recovery Center to the south what When I'm looking at it backwards, it's hard to figure Southwest is the Chrysalis Center Community Center and then even further to the rear Some of their apartments, and then I believe they're single-family residential here as well as across for sales road The applicant is proposing to rezone This property in order to build one apartment building to accommodate 44 efficiency apartments and The 2007 comprehensive plan at this location will just skip the next photo Which was just a kind of a zoom in of that same one And go to the comp plan. Yeah The comprehensive plan at this location recommends Low density residential which is between zero and five dwelling units per net net acre And again, you have for sales road to the north There is medium density and high density residential Nearby here and then low density up along for sales road recommended by the plan The applicant is with their proposal for 44 units on this property that equates to a density of twenty eight point two one dwelling units per net acre when calculated which does exceed the low density recommendation of between zero and five dwelling units per net acre and the staff in our Review Did have a much concern about that density compared to what's recommended by the comprehensive plan And that was one of the reasons we recommended postponement of this a week ago at the zoning committee another reason was because of the I guess concentration of Facilities that are serving the social needs of our community being located in the for sales road area since the zoning committee Well the zoning committee when they met heard more information than what the staff had when we formulated our recommendation for postponement and The zoning committee recommended approval of this request and so to document What we heard at the zoning committee and also to document and some findings for the Commission if they choose to approve this the staff Prepared a supplemental report, which I believe Jimmy passed out to you a few minutes ago And let me if I will could have a minute just to go through those that new information that we received a week ago today the petitioner Noted that they were proposing an apartment building that was intended to act as permanent housing For graduates of the Women's Recovery Center next door at the Hope Center Whereas the staff our understanding before that was that it was a temporary Transitional housing situation and They noted that those Units would be available for an indefinite period of time and to be leased on an annual basis by any of the graduates of the recovery program Second that the petitioner also stated the facility was like any other apartment building. There wouldn't be a need for a conditional use at this location which Was needed for the Hope Center Adjacent because it's a rehabilitation center the zoning ordinance also has a restriction that Facilities such as boarding houses lodging houses rehabilitation centers and assisted living facilities can only be located within 500 feet of one another so they must be basically spaced out at least 500 feet in That stated in the conditional use requirements for the r3 zone as such the petitioner is saying again that they wouldn't be Concentrating those type of facilities because again, it would be an apartment building and not need a conditional use permit Third the petitioner suggested that the proposed density was misleading because in fact They were proposing efficiency apartments, which served the needs of the Hope Center and their graduate Population But that most apartments in the area are actually two or three bedrooms or most apartments in general or an on average two to three bedrooms, therefore, they take up much more space than an efficiency unit would and Again that the if it's these efficiency units were purposefully Purposefully designed for the needs of the Hope Center. And then lastly the petitioner also stated that they had they felt there was a desired synergy Between the existing recovery center and the apartment building that they want to locate it here And that the close proximity would be a benefit to both individuals at the Hope Center recovery Center as well as those graduates that would live in this facility Given that information the staff did formulate Recommendations for approval for the zoning committee basically that would be acceptable for your use today However, the staff is not staff is not was not comfortable yet to recommend approval But we did we do want to acknowledge that the zoning committee was prepared to make that recommendation. So with that in mind We drafted those findings shown on the supplemental report So the zoning committee recommended approval because the requested our three zoning is appropriate at this location For three reasons the subject property is surrounded by our three zoning which makes it compatible and consistent in this area The subject property is also surrounded by more intense land use in this area including the high-density apartments the community center and the Hope Center substance abuse rehabilitation center and Then third that the 2007 comprehensive plan goals and objectives Goal 13 does recommend or support a full range of housing to meet all citizens needs and the proposed Redevelopment of the subject property does support this goal by providing needed permanent housing for individuals who have completed a substance abuse recovery program and Then second the existed existing to family Residential our two zone is a inappropriate at this location because the nearest are two is more than 250 feet from the subject property the existing our two zone would allow construction of duplexes on each of the four lots for a total of eight units without a development plan, which is already which would be in excess of the comprehensive plans recommended density above five units per net acre and Then the existing our two zone would not allow for the type of facility necessary to serve the needs of the Hope Center namely the stated need for permanent and affordable housing to facilitate a reconnection with the community after completion of a substance abuse recovery program and given a recommendation of approval by the Zoning Committee We would also have that recommendation be subject to approval and certification of the development plan Thank you, miss way any any questions for miss way Thank you You Mr. Chairman members of the Commission on page 14 item B Zdp 2007 dash 159 Hope Center apartments is the associated preliminary development plan with this project As Miss Wade stated it is on Bursell's Road. Here is the frontage Here is the building it is twenty one thousand two hundred eight square feet three stories tall It is oriented on the building line at the front of the property Here is the access point the sole access point that they are proposing that brings you back into their Parking they are proposing 75 parking spaces. That is exactly what the ordinance requires The front there will be access here into the building. There are also side Entrances to the building you will notice these green dots and circles on this property We wanted to highlight those every one of those is a tree that meets The standards in our ordinance of a significant tree by size Not necessarily by species, but by size Although we didn't highlight them in color. You will also notice a lot of other circles They did a good job on showing the trees and you saw the picture before and I'm sure you noticed that there were a lot Of trees on the property. There are a lot of there and there are and they range from small to Up to these significance. There are a lot of 24 inch and 30 inch trees on this property. It is significantly treed The drainage on this property will flow this way and As you all are aware there are sinkholes in that area of our community The Subdivision committee reviewed this plan and they did recommend approval subject to 17 conditions These conditions the majority of them are standard conditions as you can see we do have one item 9 that is becoming more and more standard that you've seen which is a Consolidation plant must be certified prior to a final development plan That's as you now know, there's multiple lots. The building will cross those lot lines It's necessary that they file a consolidation plant and remove that line The rest of the conditions are also Standard you will notice one a little that you may not see often and that again is that's number 13 to note primary entrance to The structure and that's one reason I wanted to make sure I showed you those entrances Under the ordinance so side entrances cannot be primary entrances And so we just want them to denote clearly where their primary Entrances are that would give them problems with setbacks and that sort of thing in parking. So it was just We wanted to make that clear that for their benefit We do ask in 16 and 17 that they resolve the significant tree areas Which I pointed out to you and also detention both of these should be resolved at the time of the final development plan And again, that's why I wanted to point out to you the property drains towards the back They have proposed that they'd use the sinkhole for drainage That of course requires a lot of evaluation. It's not something our regulations encourage Extra water, so that is something that will have to be evaluated and can be resolved at the final development plan The trees again, you can see there are several significant trees Point these out again. I showed them to you and you can see the green but you can see here in the parking area In the parking area close to the area. This is a 48 inch tree. I'm pardon me 36 inches This is the 40 inch There are just some Just some very large trees on this property. So staff was concerned. I Did have the opportunity to speak to it with mr. Tim query during the break our urban forester he has visited the site He is here to answer any questions that you have He did assure staff that he felt like that. This certainly is something that could be resolved on the final development plan stage He has a preliminary idea about the condition of the existing trees and that sort of thing. So With that if there's any questions I can answer I'd be happy to do so Thank You mr. Martin any questions for mr. Martin Thank you, sir petitioner Thank You, mr. Chairman members of the Commission My name is Walter May and I'm here on behalf of Hope Center Inc Joined by Chris Howard from Carmen and also mr Cecil Dunn the executive director of the Hope Center and Janice James the director of the women's recovery program on Versailles Road Of course, I just received the supplemental staff report Today as you did As of last week the staff's recommendation was different. So over the last week, of course, I spent many hours preparing my presentation I can just imagine the keen sense of disappointment. You all are feeling right now that you will not hear it I Have read the supplemental report. I can say that we're in an agreement with the information that's the supplemental information that is provided and the Findings that are proposed at the bottom. We urge you to Accept those findings and adopt them in approval of the zone change we have also reviewed the Recommendation on the development plan and the conditions. We are in agreement with those conditions and request approval of the development plan Other than that, if you have any questions, I will be glad to answer them Thank You. Mr. May any any questions for mr. May at this time? I Think did you also have is there a citizen that mr. As well? Paul Gregory who is the president of the neighborhood Association? I believe he's here on his own behalf, however But he he wished to make a few remarks and spoke to your council about that. Thank you My name is Paul Gregory. I'm the one live on 137 Garrett Avenue president of the Cardinal Valley Neighborhood Association some of my comments are personal some of them are from feedback that I've gotten through email from citizens in the neighborhood One of our biggest concerns first off this particular lot that you saw Most people in the neighborhood realize we would not be able to Solicit or get Family resident homes to move into that lot Due to the nature of that side of for sales road Really only have two things could be done with the lots. That would be business or a high-density residential If you notice some of the businesses on that side of the sales road, we'd really rather not have any more businesses And I think you know which one we mean High-density residential we got three options. We could have privately owned Which we already have on Oxford Circle Cambridge Drive Village Drive, we'd rather not have that We could have city owned and no offense, but we really don't want any LFU CG housing authority on that site so it brings us down to having a Charitable organization a nonprofit own the property and have housing on it Discussing it with Janice James They have to keep a presence there that will attract donors Nobody in the neighborhood has argued the fact that of the Properties on that side of her sales road the Hope Center is probably the best maintained of everything on that side of for sales Road however in the handout that you had before that did have staff recommendations for a postponement number two the immediate area Has become Pretty much nothing, but a social service sector Running all the way from what they call Youth services, which is basically the youth detention center all the way down to sugar mill at the other end Which is basically a housing authority? One of our biggest concerns and one of my problems really with this whole hearing we only had Approximately 20 business days to even research anything to come up with anything yet this property was purchased in 2005 and We didn't find out until about you know 20 business days before Right now one of our biggest problems is 1604 for sales Road Which used to be the Knights of Columbus property which is approximately six acres has been purchased within the last year We are concerned. What's going to be done with that if this rezoning changes that? There was a there is a mobile home park on closer into town It has been purchased in the last month We're concerned about what will happen with that acreage There are some larger plots of land on that side of for sales Road We're down to less than 16 original homes since the World War one from Angliana Avenue to Parker's Mill Road This will take out one It's not a substantially historic Building it is a small bungalow That was built in the 30s, but we are afraid that We're going to keep eroding until we have nothing, but social service in that area And the other side of the road is is feeling a little bit of pressure from that having said that I don't know what else You could put there Everybody that I have talked to and everybody that has commented back to me has been in favor of the Hope Center Having this and that's basically our views Thank You mr. Gregory appreciate appreciate your input comment This time any questions from Commission for petitioner or staff Okay, we'll close this portion of the hearing we do have a revised staff report that Provides findings based on the zoning committee's recommendation for approval and their reasons for that in addition the zoning development plan 2007 dash 159 with the 17 conditions that we saw earlier, so This time I'll turn it over to Commission Miss Phillips, yes motion Mr.. Chairman, I'd like to move for approval of Mar 2007 dash 2 8 for the reasons cited by staff Okay, we have a motion and a second for approval. I'll call the question All those in favor of the motion say aye aye Opposed say no Motion carries Mr.. Chairman, I'd like to move for approval of ZD p 2007 dash 159 Hope Center apartments With the 17 conditions denoted by the staff report Okay, we have a motion second for approval of the ZD p 2007 dash 159 I'll call the question all those in favor of the motion say aye Opposed say no Motion carries. Thank you Thank you. Thank you all very much. Thank you, Mr. May I That's right yes Next item on our agenda is on page 14 item 4a and can be found behind tab 5 in your notebooks It's mar 2007 dash 29 a request by Walker properties, and this is a zone change from a p1 Professional office to a b1 which is the neighborhood business zone For property at 611 Winchester Road and the subject property is at the north east corner And if I call it a corner area where Midland Avenue Transitions to Winchester Road and where East 3rd Street comes in Also in the vicinity is Midland place, which is a private street at that at that location The subject property is surrounded by i1 zoning Including the smuckers property to the north Which is owns part of the Midland place area. There's also Warehousing and industrial use behind and on the photograph here that kind of shows it pretty well The subject property is here with this building existing building and their parking It's that facility here's the Midland place and industrial use behind Nelson Avenue also to the north northwest is a residential Street East 3rd Street continues here On the opposite side of Winchester Road. This is a warehouse Facility, I believe it's associated with the Flatiron building where they have the new Oh The stone okay cut stone Lexington cut stone here railroad behind Former Owen Street If it's been closed, I'm not even sure Proposed to be closed the Flatiron building which has the Lexington Design Center and then adjacent to the subject property is a vehicle I Guess it's repair facility and then just further to the To the east is the smuckers property and also Congleton lumber in that vicinity So again, even though there's a mixture of uses in this area the Surrounding zoning for that parcel is I won. So they're a p1 little island at the moment The current current use of the property is office on the second floor and it is vacant on the first floor The applicant is proposing to reuse the first floor for a retail use and then they propose no other physical changes on the property The next photo just shows kind of from a different angle the rear of the building Here and then Winchester Road and Midland Avenue is the kind of main thoroughfare in this location the 2007 comprehensive plan does recommend retail trade and Personal services for the subject property and then which is shown here in the red for this area So the subject property outlined in blue and some of the surrounding parcels are recommended for the retail trade and personal services Also recommended in this area on the other side of Winchester Road is the downtown Master plan land use category and then Nelson Avenue to the north is recommended for medium-density Residential and to the east is light industrial recommended in that area the subject property is also located within the designated East End study area and the central sector small area plan study area both of these plans are proposed to be completed by the end of 2008 and they should both make some recommendations regarding land use and At least one of them would address land use in this area Have however, they aren't complete at this time The neighborhood business zone that's contemplated by the applicant would be considered to be an agreement with the comprehensive plan in this location as the retail trade and personal services is In line with what a b1 Zone would allow the intent of the b1 zone is said to Accommodate the neighborhood shopping facilities and serve the needs of the surrounding residential area and Also to be oriented towards a neighborhood and have a roadway system, which is adequate to accommodate any anticipated vehicular Traffic for a use and although this subject property isn't oriented directly to a neighborhood today the master plan for the downtown does contemplate a Residential use of the cut stone property and then also we had a recent rezoning between Midland and Walton That would that does propose residential use in this immediate area so the Subject property would be oriented towards any residential across Midland and then could serve that residential mixed-use property that I just spoke of the Roadway system in terms of Winchester Road in this location is certainly adequate to serve any commercial commercial use there however, the staff Would note that there were some issues of the subject property that prompted us to recommend some conditional zoning restrictions First its location very near the residential area some of the b1 uses Were not appropriate Also, there's a proposed elementary school within a close proximity to the subject property the new school on Yes, it's called the William Wells Brown Elementary School and also the limited Access and poor sight distance along Winchester Road were of concern to the staff so for That reason we did recommend some conditional zoning restrictions Since the Zoning Committee met last week the staff did add One conditional zoning restriction which was suggested by the Zoning Committee Generally the prohibited uses a through I staff proposed to prohibit restaurants automobile service stations and gas pumps household repair of appliances Outdoor sale of plant nursery or greenhouse products miniature golf circuses and carnivals Parking structures indoor theaters and the like any drive-thru facilities and then the one that the Zoning Committee committee Recommended adding was establishments or discussed adding establishments for the retail sale or a package sale of liquor beer and wine and I think that was primarily because of the close proximity of where the school is going to be planned for this area and those restrictions Also left off my staff report last week was a reason why those were appropriate and that's why it's in bold and underlined on their overhead today These restrictions are appropriate and necessary for the subject property to prevent uses that would negatively impact the nearby residential In the proposed elementary school and also that might create any traffic problems Given access and sight distance limitations Along Winchester Road or this portion of Winchester Road? So the staff is recommending approval and the Zoning Committee also recommended approval because the request is in agreement with the comprehensive plan that is b1 is in agreement with the retail trade and personal service land use recommendation for the property and as as always we're recommending that The zone change be subject to the certification of the development plan within the next two weeks I'd be happy to answer any questions. Thank you. Miss wait any any questions for miss wait Thank you very much You Mr. Chairman members of the Commission zoning development plan for this property appears on page 15. This is ZD p 2007 157 Congleton lumber company this particular plan is a final development plan For the property at 611 Winchester Road. So while the plan if approved will be certified within the two weeks Permitting and such will be done subject to urban County government rezoning of the property As you get in as you can see This is Winchester Road 3rd Street Midland Avenue the property show at the plan shows an access with an arrow again That's not denoting the access out. It's just location the location of the actual access This is a revised plan that Resolved the parking conflict with the noted unloading easement here when the parking conflict that was shown through that easement The proposed plan will retain the existing two-story 5,850 square foot building on-site The staff and subdivision committee of recommended approval subject to the nine conditions on your agenda in addition condition 10 Which would denote the conditional zoning if you have any other questions, I'd be happy to answer them Thank You. Mr. Taylor any any questions for mr. Taylor? Thank you, sir petitioner I've got a little handout. I've got three copies. I'm gonna start one at this You Thank You, mr. Chairman, I'm Dick Murphy, I'm representing Walker properties, which is the applicant today and We're very pleased to be here Kevin Phillips of interest engineering is our designer and Greg Walker of Walker properties is with me today and Introduce him. I'm pleased to introduce Greg because he and his father Randy Walker are the owners of Walker properties and they have been responsible for much of the upgrade in Winchester Road area the Winchester Road National Avenue Aurora Avenue area and we just wanted to pass out some pictures of before and after Buildings that they have done in this area I'm very pleased to be representing them and I think they've had a very positive influence on this portion of the entrance to downtown along Winchester and Midland Avenue As staff mentioned we're requesting his own change from p1 to b1 and We're we we do have a final development plan with us and that's a little unusual the reason we're doing a final development plan is because we have a tenant that needs to move in quickly you may have read in the paper that the Stephen Hine florist is losing its location on East Main Street has been there many years Apparently there's a big redevelopment project sort of in the works in that block. We're not involved in that But this is the location that Stephen Hine florist would like to move to and is under some time pressure So that's why we're doing this as a final development plan, and I think Kevin Phillips has already talked to a number of the staff members, and we should be able to get this finalized within that two-week window the Just wanted to discuss a little bit about the proposed Conditional zoning restrictions as I mentioned that the entire first floor will be leased to Stephen Hines So we're not talking about something that's going to happen next year. We're trying to talk about Uses five to ten years down the road the second floor is already entirely leased to a graphic design firm So the so once this is passed the entire building will be leased up, but but we do have concern a little bit about what? What can be used if one of these tenants should leave at some point when a lease is up? We we reluctantly agreed to the restaurant Restriction which is a on there We feel there is a need for more high-quality restaurants in the downtown area and on I you can see we'd already Agreed not to have drive-thru facilities, so we fully understand that so we we reluctantly agreed to restaurants We'd rather not have that if we could not have it there and on on the J the new one have a little trouble with the Establishments listed they list retail or package sale of liquor Beer or wine and want you to know that Walker properties in general does not lease the liquor stores They own the building the sportsman's liquor store used to be in and the sports They've recently purchased that sportsman's liquor store is no longer there But as the way downtown is developing at this point We have some issue we've the Walker properties has had some requests other locations for upscale wine tasting facility and We could see perhaps Five to ten years from now with downtown being redevelopment this might be an appropriate location for an upscale wine tasting facility also things like Kentucky oriented gift shop where maybe a Bottle of locally produced wine is a part of a basket along with Crafts and those that sort of thing this might be an appropriate use for it We don't really have a problem with not having what we think of as a conventional liquor store here It's more of the other type things that might be in keeping with The way downtown is progressing now and the may way it may continue to progress When this might become an issue five or ten years down the road So we wanted to present that to you as I said, I think we'd be Okay with having no retail establishments for liquor or beers that and Greg is Shaking his head. Yes to that and we'd prefer to drop the wine portion of that Just because we think that at some point this might be an appropriate place for the type of activities that I outlined to you look and again, it's We got the flower shop coming in now, so it's not something we're going to put in be putting in tomorrow but we do have to look after the Continued economic viability of the building when when things change down the road. So I Think the on the development plan conditions, I think and maybe Mr. Taylor said this on nine on the development plan We were going to just change addition of zone to zone screening to denote zone to zone screening Staff would agree to that. Yes They're hidden behind the easels on that so that I'd ask that on the development plan just on nine to add addition Being changed to denote and with that we As I said, we're very pleased to present this proposal to you. We think it'll Has a short-term benefit to a downtown use but a long-term Benefit more than that to downtown and I think with the track record that Walker Properties has done in this area I think you know that whatever they do will be high quality and will be in addition to Midland Winchester Road corridor here. We'd be happy to answer any questions you may have. Thank you. Thank you. Mr Murphy any questions from Commission? Mr. Murphy? Okay, any other questions for the petitioner or staff at this time Okay, we will close this portion of the hearing and Turn it over the Commission. I believe staff has recommended approval For the reasons provided as well as identifying Conditional zoning restriction identifying prohibited uses and a reason for those prohibited uses We also have a zoning development plan, which before us is an actual final development plan Zdp 2007 dash 157 there are nine conditions changing number nine to say denote zone to zone screening, which I Heard was agreeable to staff. So with that I'll turn on the Commission for discussion on motion For the reasons, okay. All right and privity uses. Is there a second second? Okay, we have a motion and a second For approval call the question Okay Okay, call the question all those in favor of the motion say aye Opposed say no motion carries Can we motion on the zoning development plan Okay, we have a motion and a second mr. Chairman there needs to be the addition of the conditional zoning restrictions as well Yes, I'm sorry. Thank you. Adding condition number 10 for the conditional additional conditions on these restrictions Okay, we have a motion and a second I'll call the question All those in favor say aye. Aye opposed Motion carries. Thank you I Missed the first hour of the meeting. So I was just making sure our next item is the tree board. That is correct Okay, planting manual subdivision regulation amendment Page 16, is that correct? Yes page 16 number two And I believe the staff report and Attachments are behind tab 6 in your notebook Can't get as close to the microphone as I used to This is subdivision regulation amendment 2007 dash 1 an amendment requested by the Lexington Fayette Urban County tree board and Initiated by the Planning Commission in September of this year in addition to the land subdivision regulation amendment the tree board has also requested significant changes to the planting manual with this Subreg change the amendment to the land subreg Subregulations was requested by the tree board in order to first require some more diversification in the street tree plantings to adjust minimum size of the utility strips Easements for various trees and then also to correct a typographical error and Delete a portion of the subregs, which is 610 C Which required tree planting street tree plantings for arterial streets? these proposed changes Have been the result of a fairly lengthy process by the tree board with the division of building inspection the landscape examiner and also the urban forester to do a comprehensive revision to the planting manual and to Improve the land subregs as well. So the first item would be article 610 b2 on the front of the staff report here and that section Relates to the location criteria and the tree board is suggesting changing the width of the utility easements for different sized trees and the proposed change would be So that medium trees would have a 5-foot utility strip Or a minimum of 5 feet and that small and large trees would have a 7-foot utility strip easement and The reason the small trees are getting a larger utility easement strip now is because there's been concern about them overhanging the sidewalks and the streets small trees and Basically, there's a required clear zone So 7 feet gets them up gives smaller trees a little bit more room to to grow within that utility easement the second change proposed for 610 b3 relates to the diversification of trees for street trees and the tree board is suggesting that There be a maximum number of Trees of any one given species on an individual plat. So on the plats you see subdivision plats you see the engineer architect landscape architect would designate which trees would need to be planted in that residential neighborhood and Usually it's a list of four or five trees at this point. They would need to With this proposed change. There'd be a limit of only 25 trees or 25% whichever is greater which would accommodate some diversification of tree species on an individual subdivision plat and The reason that they're proposing that changes is the over planting of certain species that have some of them have become Diseased or insect intolerant and that's been an issue with I Think that an ash tree and also the over planting of the red maples and the pear trees and then a change also to six dash ten Ten B3 Has a correction to it It does currently say six dash nine of the sub regs and it should refer to six dash ten Which is the section we're in Here so that was the typo that needed to be corrected. And then lastly in terms of the sub reg amendment The tree board was suggesting deleting all of 610 C which is tree planting on arterial streets And that only applies to Arterial streets that are not maintained by the state At the time of the zoning committee the staff was unsure of why the tree board was presenting that for change In terms of since then the staff did speak with their landscape examiner and the urban forester both and as well as Tony Tony Barrett the chair of the tree board and their collective response to why this was being proposed Was that it was proposed in conjunction with a change to article 18 However, the zoning or the Planning Commission and the tree board did not communicate I guess the tree board didn't communicate that that change needed to be made and those are the Planning Commission didn't initiate a Change to the zoning ordinance for article 18 So the staff would recommend not making that change at this time and that that this portion of the sub regs remain on the on the books in terms of the law and that it be reviewed Along with article 18 at a later date for a more comprehensive review of of street tree planting in terms of arterial streets the Planting manual which was also proposed for changes Those changes aren't really spelled out on the Brown staff report there. They're spelled out in the attachment behind that in your notebook And They are very specific so we tried to generalize them and and put them into some categories there were two changes Suggested for the text of the planting manual first. They wanted to the tree board wants to change green space that term to open space because it's a more generic term and they felt that there had been or would be some confusion in the future with Green space and the Greenway manuals and Greenway master plans So they wanted to eliminate any confusion there also another change related to the text of the planting manual relates to the redefining native species and I believe they were broadening it to include more of the more than just the bluegrass region of The state in terms of the physiographic regions of the state. They were including more more than just bluegrass the remaining changes don't affect the text of the planting manual, but rather we are reflected in the tables that are appended to the planting manual and Generally, we've categorized those as seven changes There were several trees that needed to be moved from the large list to the medium list of acceptable tree plantings our trees allowed Secondly there were there were some deletions of tree species that needed to be moved to the unacceptable tree list and Just for clarification. We included the aristocrat prayer chancellor play pair and Cleveland pair on the staff report but there was a sense by the at least the urban forester that those were deleted along with the Pair in general the Cali Cala Larry pair Earlier this year, so either way there won't be allowed in the future Third there was add and delete where appropriate asterisks related to native species again, also adding and deleting the X marks related to plant characteristics availability of street use and also Adjusting recommended widths for specific trees and lastly adding language to the comment section for several of the large and medium trees The tree board is recommending these changes for the general benefit of the community namely for the safety and welfare of Those individuals living in the residential areas that have street trees trying to eliminate over planting and And Especially of disease prone trees and By moving them to accept the unacceptable plant list and by expanding the list of native species available for planting The staff is recommending Approval of all the changes requested by the tree board with the exception of that deletion of the subreg section 610 C and Those reasons are presented for you on the on the staff report in the notebook generally just to account for Eliminate the over planting again disease prone trees making sure we have appropriate size species in the residential areas and Having the clear zones around small trees and Greater diversity of plant species So be happy to answer any questions and I know In terms of the specifics of the tables to be changed for the planting manual Tony and and Tim would probably or Bob Carpenter would be the best people to to answer those specific questions Thank you, Miss Wade. I do have one question. Just I did just happen to look at this There's there's I guess the second and third tree Open the comments. It says all part all parts poisonous have ingested. Why would we even have a tree like that on a planting manual? I Just happen to look at that and saw those comments. What purpose does the tree serve if it this poison? We have We had comments to each individual tree that's listed in this list just for Recommendation purposes for the public because we often give this list out to the public for planting trees Possibly on private property not just a street trees. Gotcha. Okay trees to be planted on private property I see. Okay. Thank you. That would be good information for a designer to Be alerted that you don't want to plant that at a chip where children are likely to be in a daycare area or Schoolyard or something like that. So it's it's informational So that you can just a cautious location of where that tree would be best used. Okay. Thank you Do we have any other questions and mr. Barrett? I'm sorry. Did you have mr. Query like to add some things to this at this time? Well, I just wanted to confirm Tracy's comments about the the deletion of the arterial screen deletion and that was just a little oversight on our part of the Inner relation between article 18 of the zoning ordinance and in this portion of the subdivision regulations We we should have initiated that requested at the same time But since we didn't we're agreeable it doesn't really Have a cross-reference to the other parts of the of the subdivision regulations that we're changing. So it's it's it's a It doesn't have an effect on what what is Before you today, so we're agreeable to staff's recommendation Thank you any questions, I'd like to follow up on the Tree I can't understand why we would recommend a tree if we know that it's poisonous What is the particular tree My point setters are poisonous. So my Latin is not very good. So I couldn't quite I Can't do the species name It's on it's on that first It's a Buckeye tree So don't don't eat the Buckeye Just I don't feel like we should have it on the list It's a Ohio State A tree It's Ohio I mean Most fruits on trees are poisonous Other than you know, just a very select few So this is just a cautionary measurement for the public We're not in any way tell them or asking people not to plant them But we're just letting them know that if a child for example Picks up a Buckeye off the ground. We don't recommend that they eat it. I Have one question on the notations where it says remove not native is that one will be crossed out completely and not accepted No, those notations just mean that we're changing the asterisk In the in the planting manual along the side of all those trees those that are are considered native Have an asterix asterisk next to it and What the tree board did was? Reconsider what was considered native and so in some cases. We're removing the just the asterisk or Adding an asterisk in order to make it Fit the definition of native we're not deleting it completely I'm still worried about the more conventional pear tree. What's the partridge you're gonna do we get rid of all the pear trees? There's still enough in the community Okay What about I just was reading through this thing I didn't realize the $10 fee per tree on a plan That's that that is per tree on a development plan. Is that correct on a subdivision plat subdivision plat They're gonna collect $10 from the developer for every tree the division of building inspection currently does that okay? And what do they do with the money goes in the general fund? That's right. That's what she's gonna say all right The tree board would like that to go to the tree board so if y'all have any Full with anybody that we'd like to see that as a funding source for our board since we have no budget as a as of Historical precedents, that's probably for the group that you give me that segue there. Thank you Okay any Any additional questions for miss Wade or mr. Query and mr. Barrett, okay, we have stats report staff. I think has recommended approval Except for the Deletion of article 6-10 of the land subdivision regulations, and they've provided reasons for for their approval of all the changes Sarah Motion this time Acceptance of the SRA 2007-1 amendments to article 6 of the land subdivision regulations in the urban county planning manual as identified on page 16 of our agenda Okay, we have a motion a second to approve Call the question all those in favor say aye oppose motion carries Thank you all very much Mr. King Chairman I believe we just have at this point two items of Commission items First one would be appointment of a nominating committee for the officer slate for the year. Yes for as required by our bylaws we have to elect officers and first of the year, so it's At this time. I would like to appoint Commissioner Whitman day and homes as part of the nominating committee and bring back slate of officers recommended officers for a weight in January Thank you Second item mr. Chairman would be on the addendum This is a Christmas gift that the staff is recommending to the Commission that you cancel your scheduled work session for next Thursday We don't have any pressing items that couldn't wait until the new year Well, well, I know who's I know I know who's been waiting for this motion all day Mr. Chairman Members the Planning Commission, my name is Jim Mahan I Move the indefinite postponement of the Planning Commission's December 20th meeting work session and for your information that December 20th meeting was to be held on December 20th Second mr. Mahan We have a motion to to cancel the December 20th meeting which is our work session All those in favor of the motion say aye Opposed say no I Motion carries Have a good meeting Mike. Do we have any additional business? Mr. King at this time? Only thing I would now that this is that you're officially your last meeting of the year on behalf of the staff I would like to thank all of you for all the time and effort that this body puts in for this community We always are just amazed at the capacity you have for work How much you do and if you look back over this year where we were beginning with the comprehensive plan and where we are now And all the exciting initiatives that we're going to be bringing to you next year. It's been quite a year Well, I'd like to say coming from this side. The Commission wants to thank you and the staff for all of your hard work To help us do our job I Just a brief announcement now that you have canceled the meeting for next week I'd just like to let you know that this is my last meeting With the Planning Commission. I have tendered my resignation as of yesterday and we'll be moving to California Take your bicycle both of them are on the way It has been a tremendous pleasure and an honor working with you With No further business, we'll adjourn this meeting You You You I I I I I'm captain Sean Brown with the Lexington Fire Department Today we have a very special in case of fire at the 9-11 National Museum as we honor the men and women lost that day You Hi, I'm captain Sean Brown you're watching in case of fire. We're here at the 9-11 Museum With Joe Daniels the president of that Museum mr. Daniels tell me a little bit about how this museum came about and why it's important well I think we understand that what happened on 9-11 was an attack not just on New York or the Pentagon or Shanksville It was an attack on this entire country, so we created this museum exhibit. We're taking it around the country We came to Lexington in order for people to reconnect with how this country responded So we're really encouraging people come down here to support us, so how did all this come about what what was the process? Basically what we decided is we're on a fundraising mission And we started construction of the actual memorial at ground zero at the World Trade Center But for us success is only if the American public is behind us, so we're going from city to city Showing them an exhibit bringing a steel beam around Where people can sign their name and a message of support so that when this is built? We'll be able to say we have thousands and thousands of Americans that were invested in this memorial. I see so how can the general population help out go to our website, which is www.national911memorial.org and if they want to share their story Maybe leave a small donation the donations are really about a sign of support whether it's five dollars ten dollars Whatever people can do it's important that they're involved in the building of our National Memorial well, Mr.. Daniels We really appreciate your efforts in bringing attention to the events of 9-11 and the the work of the first Responders there and really wish you luck on your future endeavors. Thank you so much With us we have an Thula and Thulam. What is your involvement in the 9-11 Memorial Museum? Sean I Am a board member of the National September 11th Memorial Museum and unfortunately the reason I'm a board member is because I lost my brother John Katsumatidis on September 11th He was 31 years old and he worked for Cantor Fitzgerald on the 104th flower floor of Tower one and I'm here today in his memory. You know I For six years have been very very sad because I lost a true friend and a wonderful person And yet, I find it really comforting to do this in his memory I think it's important that we build an inspiring memorial and And a wonderful museum to tell his story and all the other innocent victims stories on that day, so that's why I'm here It's cathartic. You know I think see in the aftermath of September 11th What helped my family and myself you know kind of get going keep going? Was the incredible acts of support and kindness from people not just in our neighborhood? but around the country you know that sent all these inspirational prayer cards and quilts and pictures drawn from kids and you know that coming together of a people of a nation is Was really inspiring to me you know and so I sort of want to give back to those people and so what we're doing is We're taking a small bit of this memorial and museum on the road, so people will you know understand? What it is that's being built in New York isn't just for New Yorkers It's for the rest of the country and the rest of the world you know and so we're trying to raise awareness and a little bit of funds By by you know coming together. You know going to cities like Lexington and You know rekindling that spirit that was felt. You know so strongly after September 11th How can your average person help with this? Memorial they can make a small donation which would be real any donation would be so great we'd be so grateful for any kind of donation and I Think you know to come to New York of course if they can when the memorial is built But above all just to remember all right So now is there a website that someone could go to to find out more information. Yes, they can go to www.national911memorial.org and that is a site that they can you know see what's going on what we're doing they can make a donation online if they like sign up you know to our donor base and our database and We look forward to seeing them in New York. Well great now. What if they? Don't have the ability to make a donation online Is there an address that they can mail a donation to sure they can mail it to the National September 11th Memorial and Museum? at One Liberty Plaza 20th floor, New York, New York 1-0-0-0-6 Well and Thula. Thank you so much for sharing your experiences and the information with us And we wish you the best on your on the ongoing tour that you're participating in. Thank you very much. God bless you guys With me is Ron Vega now, Mr.. Vega you were there at 9-11 tell me a little bit about your story Well, I was an architect for the city of New York. It was a part Department of design and construction we're the agency in New York City that builds everything the city needs from fire houses to police houses and became clear that more than just a normal fire and police response was needed it was necessary to try to look at how these buildings came down and how we could excavate to Help the fire department find remains and hopefully find survivors So did you participate in any of the search and rescue or cover while you're there? Yes? I did and it was not intentional. It's just that when the buildings came down they were in such a Turmoil there in such a debris pile that was so twisted and mangled that they really needed to know where things were So we were able to spot laser beams on pardon parts of buildings They were still standing locate the footprints of where the buildings were to help the fire department See where the stairwells were where the elevator cores were we helped them to locate? The prime areas that they were looking to find people still alive and in doing so we had to station ourselves there to help them Find things so in many ways while we weren't hands-on we were right on top of it Well from all those events it needed more than just a fire department or police department response It really did need construction expertise architectural expertise and so forth now you worked with the city of New York in their architectural department Are you still working with them now? No, I actually had an opportunity to interview with the National Memorial September 11th Memorial and it was an opening for us for an architect and It took a little while for me to come to a decision because leaving a permanent civil service job Such a secure job with that nice pension and was hard hard to leave But to be part of this when I left that site in 2002 I felt that my job was not done We had only found half of the people that were lost that day and it weighed heavy on all our souls that we couldn't find Them all so I left thinking gee I'm not done yet So I wanted to get this job with the museum so that I could finish the job so that when I leave nine When I leave ground zero this time, I'll be saying yeah, I'm done. We've done it What can you tell our audience about the events of 9-11 and this memorial that? You know that they really need to know Then that 9-11 was not a New York City incident I mean it happened at the Pentagon and happened in Pennsylvania, but those three cities were not alone in this this is a national tragedy and the response was a national one and We want everyone to understand that we feel Indebted to the rest of the country that when Lexington firefighters and police officers or first responders showed up on site to lend their hand We felt the love we felt connected We felt the strength that the rest of the country gave us because there were some sad times and it was a difficult job, and it really never yielded any happiness because it was just I Kind of made an analogy that working there was like working in the graveyard where a massacre taking place And that's the way I felt so I want to convey to the rest of the country and in your population that we want to Say, thank you. Thank you for being there for giving us your moral support And we want you to come forward now and give us any support you can to make this museum and memorial Finalized to make it a place where everyone will feel welcome and we're all that all those that died that day will never be forgotten Well, we want to thank you for your efforts for bringing us to our attention how ways that we can help Highlighting the the efforts of the first responders police and fire and thank you for everything that you've done for us Take care with me. We have Ron or now mr. Orr was a resident of New York City on September the 11th 2001 Ron tell me a little bit about your experience. What were you where were you at? And what were you doing when 9-11 occurred? I was in the process of walking to work I would take my dogs with me to work. I had a acting management company in Times Square and I was walking up 9th Avenue, which is part of Hudson Street and Hudson Street is where the Trade Center starts and I felt a Vibration like a tremor and a loud noise and And In being in New York you don't really think twice of it because they have these dumpsters all the time being moved which have the same feeling and I didn't really Look up there and then somebody pointed and then I was a little surprised to see it. Of course like everybody I just thought it was an accident That a plane just like what happened in the Empire State Building in the 50s Or it was late 40s when a plane crashed into the Empire State Building so Being that I still had to get to work. I continued to walk down 9th Avenue and Then when the second plane hit I was already well up 9th Avenue and not that far from my office and I at that point The cloud was there The People were streaming down 9th Avenue full of dust. They were all gray You couldn't even see any colors Just streaming down and It's You know that that's that's my my primary image of what was going on over there. Yeah How were you able to help at the time I was over at the well at first we all went the second day the first day Was too dangerous to go down there Even to to look and see what was going on. We were being stopped Trade Center was still falling down and You know some of the other buildings like World Trade Center for and some of the other big buildings that were surrounding it were in danger of collapsing which still are in danger of collapsing and The Second day we went down there. I went down there with a bunch of friends and basically we were just standing around not knowing what to do and it was a little bit of there's a lot of confusion going on and The starting from the third day They put me over at the Javits Center because the recovery was then given over to private concern Like I mentioned before there was a lot of ghoulish things that were going on at the site and Everything was being moved from the World Trade Center site To Staten Island where things were sifted and sorted out People's personal property or whatever. They could return to people was was over there as well and What I would do was bring the supplies everything from Socks to flashlights to batteries in fact My brother from his company. He worked for Lexmark at the time They took a collection and people donated batteries and flashlights and dog food and Socks Just things that were needed down at the site and that was coming in actually from all over the country Which was really needed they went through it all because we had rain a couple of days after So basically, that's what I was doing and You know, there are certain images that are etched in your mind that it's not necessarily what was down there But what the city was like for the next couple of days because the wind Went from south to north the whole city was was covered with that stench and the smoke and the Every and the ashes and the dust of everything that was down at the Trade Center would just be covering the whole city and The sound of the sirens didn't sound like it normally did because it was a very hollow sound Echoing where you're in New York City, you hear sirens and it's part of everyday life but you know, you'd think that that siren was going downtown to bring somebody back or to Bring somebody's remains back The sounds of the bagpipes that were playing every single day in front of st Patrick's Cathedral for another person that they had died Every time I hear those bagpipes, I I kind of lose it The Just just the whole way that we were in a lockdown I don't know if you know that and New York City was in a lockdown for about four days So there wasn't anybody coming in. There wasn't anybody going out There was no commerce going on with the exception the restaurants that were open and everybody was numb that that feeling of numbness I still feel Like today Well, mr. Orr, thank you very much for sharing your personal experience and reflections with it. I appreciate it Thank you, and we'll be back to more in case of fire after this Good morning And I'd like to talk to you about some important telephone numbers for fire theft and accidents Please call 9-1-1 3-1-1 is the number you need to dial for all city services like garbage pickup sanitary sewers Traffic and much more calling 2-1-1 connects you to local health and human services provided through the United Way Remember 9-1-1 is for emergencies 2-1-1 is for health and human services and 3-1-1 is your connection to City Hall You Can make a difference be a Lexington litter buster pick up a piece of litter on the first day of each month Pick it up Lexington. You can make a difference be a Lexington litter buster Pick up a piece of litter on the first day of each month You Can make a difference be a Lexington litter buster pick up a piece of litter on the first day of each month Hi, I'm captain Sean Brown welcome back to in case of fire with me today is Cindy Bennett with fire wise Cindy Tell me a little bit about your organization and what it does well fire wise started out in California about 20 years ago due to the Homeowners loss in the wildfires and the insurance companies came out and they were like you know We're losing all of these homes to wildfires, and we've got some that survive. What's the difference? What's making the difference? So they went back and they studied why some homes survived and some homes perished and they came up with a way to do Assessments to identify the hazards in community and the risk associated with wildfire So that was how fire wise was originally created and then it's come to Kentucky and our goal here is to work in these areas Where we have what we call a lot of wildland urban interface Where your home builders are building out in the woods And we're trying to educate them on things that they can do around their home so that if they do get a fire They stand a better chance of saving their home and surviving. Okay, so fire wise works closely with the National and state and local organizations to help protect the like you said urban woodland areas that and rural areas that's going to be Have a huge fire load correct Now what exactly would will fire wise do when they come into a community? What we're doing now is we've set this program up There's grant funding available for communities to perform assessments And what we're doing right now is we go to some of these communities where they're considered to be a really really high risk Contact the fire departments and say if you're interested in this program We can put you through a workshop teach you how to do these assessments And then you're considered a private consultant and then with this grant funding we can pay these fire departments to go out and perform these communities assessments and Work with the homeowners and educate them on things that they can do to reduce their risk hazard Well, what are some things that families or property owners can do to? Create defensible areas around their home well one of the biggest things that they can do is you need to start think about how fire operates and how it moves and It catches whatever fuel is there So if you live in a home that you've got leaf to leaf litter you've got pine needles You've got just overgrown bushes that type of thing those are called ladder fuels, and that's fuel So if you get a fire in the woods, maybe maybe the woods are a hundred feet from your home But if they can have any way to trail up to the home, you can easily lose your home So what I suggest is that homeowners rake all that debris away from their home a minimum of 30 feet If you can do more, that's better Clean your gutters. The biggest thing I found at the home and garden shows people don't think about their gutters They think about raking around the home But they don't stop to think that when you do get a forest fire And you do have burning the embers are going through the air They've got to land somewhere and if your gutters are full of leaf debris sticks uh Pine needles then that stuff is going to catch fire. It's going to catch your roof and you could lose your home um, the other thing just three things I stress the defensible space 30 feet or more if you can Clean your gutters and make sure that your address is properly marked on your mailbox You need four inch reflectorized ladders so that the fire department if you do have an emergency They aren't driving up and down the road trying to squint little addresses and find where you're located Right now you mentioned laddering. Uh, what does laddering do and how does it contribute to? increased fire load Laddering is uh, the best way I can put it. It's like a fuse It's like when you have dynamite over here and you're not going to stand there and light it right away You're going to draw fuse and then you're going to light it so that the fire travels Laddering is the same thing things like wooden fences up against your home that lead out into the woods That's a ladder fuel and what that means is that if there's a fire in the woods It catches your fence then it's going to follow your fence right up to your home So people need to make sure that any type of fuel that could be considered a ladder fuel That they have it away from their home at least 15 to 20 feet Okay. Now if they begin, uh removing the debris Uh This fall, how will that help them in the spring? Um in the spring we have fire season in the spring also So come spring that debris has already been removed. You aren't going to have to worry about it next spring. You're already going to be clean Um, it will help you too As far as new growth around the property is, you know, if you go out and you get everything cleaned away You're going to get more green for lack of a better word and things won't be quite as dry And what about uh trees what type of trees, uh, can you have and how should you prune them? Um the pruning I don't know But the trees we recommend that you do not plant any kind of fir evergreen Up against the home for obvious reasons in my workshops. I tell people Um, think about at christmas time i'm bad about this If you've had a live tree you wait until new year's take it out and you burn it Um and the thing goes poof so stop and think as dry as we are right now If you had a pine tree right up against your home and got a spark on that tree what could happen? So we advise people to not plant Closer than five feet to the home not to plant evergreens to plant something that is native to kentucky You know dogwood redbud that type of thing. That's a little more drought resistant Now here in kentucky and uh, and especially here in lexington, we know that a lot of families burn firewood, uh for heating fuel Where should they store that firewood at? Um, the firewood should be at least 50 feet away from the home. Do not stack it up against the home I'm not holding anyone personally responsible on that I was bad because I never wanted to get 50 feet from the house when it's cold enough to burn But keep it 50 feet away from the home because those wood piles especially if they're seasoned can really burn And also put a spark arrestor or a chimney cap On your chimney so that if you do have any sparks or anything coming out of the chimney They don't fly and and catch other things on fire. Okay. Now you mentioned seasoned firewood Explain what seasoned firewood is Seasoned firewood is something that's had been able to sit out long enough to dry up and lose all of its moisture A lot of people if they take out a tree in the summertime, it may still be alive They cut it up and it takes a while for it to dry out and lose its moisture If you've had anybody that's had a dead tree that's been in their yard for years and years when you cut it down You can see how dry it is And how hard it is those things burn very very hot and and very long So that's one of the reasons to try to keep them out away from the home. So what's the problem with burning freshly cut wood? Um freshly cut wood isn't quite as bad It's not going to burn as well because it's got a more it's got a higher moisture content to it. Um I prefer seasoned myself So the freshly cut wood just what you're going to face is you're not going to get quite the heat from the fire that you would With the seasoned right and also freshly cut wood with that moisture causes buildup within uh the chimneys and that creosote builds up which adds to Fuel with inside that chimney area and a lot of people have chimney fires during the winter time because they burnt Green wood or unseasoned wood And so that causes a huge problem sometimes during the winter time and you don't want to have a fire during the winter Especially if you if that's your source of heat because now all of a sudden you no longer have that source of Of heat there now if I wanted to know a little bit more about firewise and how I can protect my home How can I get more information? There's two websites you can go to you can go to the national website, which is firewise.org Or you can go to the kentucky division Forestry website which contains information on the firewise program in kentucky And you can also learn if you go to the national website kentucky has 13 certified firewise communities in the state as of today And if you go to the national website, you can look up and see where those communities are located. Okay, and that's firewise Org. Yes. All right. Thank you very much, Cindy. We appreciate it Hi mayor, good morning Hi, i'm mayor jim newberry and i'd like to talk to you about some important telephone numbers for fire Theft and accidents Please call 9-1-1 3-1-1 is the number you need to dial for all city services like garbage pickup sanitary sewers traffic and much more Calling 2-1-1 connects you to local health and human services provided through the united way Remember 9-1-1 is for emergencies 2-1-1 is for health and human services and 3-1-1 is your connection to city hall So Pick it up. You can make a difference be a lexington litter buster pick up a piece of litter on the first day of each month Pick it up lexington You can make a difference be a lexington litter buster pick up a piece of litter on the first day of each month Pick it up lexington You can make a difference be a lexington litter buster pick up a piece of litter on the first day of each month You Well, that's our show for today Thank you for joining us as we remember the events of 9-11 and remember stay safe and we'll see you in case of fire So To purchase a copy of the program you just viewed please call 258-3008 258-3008 Please be sure to mention the program name when you make your request And visit our website at www.lfucg.com www.lfucg.com Pick it up lexington. You can make a difference be a lexington litter buster Pick up a piece of litter on the first day of each month Pick it up lexington You can make a difference be a lexington litter buster pick up a piece of litter on the first day of each month Pick it up You can make a difference be a lexington litter buster pick up a piece of litter on the first day of each month So You're watching government television channel 3 a service of the lexington fayette urban county government If you have questions or comments concerning any of the services offered by the urban county government visit our website at www.lfucg.com Or call lex call at 425-2255. That's 425-2255 Bye Welcome to keeping the peace. Hello. My name is assistant chief jackson. Hi, and i'm officer debbie wagner We'd like to welcome you to the lexington fayette urban county government division of police show keeping the peace So In this segment on focus on police we'll be featuring our canine unit Officer david willisy will give you information on some of the things that we're involved with regarding our canine unit Today we're at the canine center for the lexington division of police and we're very excited to have officer david Whittlesea with us and officer whittlesea Could you tell our audience a little bit about your background and also the unit? Well, my background is I started with the police department 1989 In 1993, I started down here at the canine unit as a drug dog handler Uh in 96, I started as a patrol dog handler and during that time. I started helping training And uh now I basically do the training for the unit. We also do some training for uh, Units around this area like frankfurt comes and trains with us richmond will come up and train with us and also for sales The lexington police canine unit started in the early 60s 62 or 63 We're one of the oldest canine units in the state of kentucky We're we're the one of the oldest units in the united states. We're the oldest unit in the state of kentucky Currently we have 11 dogs down here. We've got a number of patrol dogs Basically 10 patrol dogs a number of which are uh cross-trained as drug dogs We have one cross-trained bomb dog. The dog behind us right now is a cross-trained drug patrol dog Officer whittlesea if you went out to a robbery of a business or burglary and maybe the suspect dropped some of their clothing What would you do with that with your canine? Well with our dogs The patrol dogs are trained basically as people locators So what we can do with any articles that we find first of all, we can use the dog to find an article So if somebody commits some sort of crime And runs from the police or runs from the scene before the police get there We can use that dog to find things like articles of clothing They also find evidence anything that's got a human scent on it from somebody touching it or wearing it Our dogs will also track now. We don't necessarily use those items to start our dogs tracking They will just go out and find a hot track But what it does do is help us confirm the fact that we're on the right track and we're on the right suspect so Basically what they do for us again as a patrol dog is find people What are the advantages of having a canine say you're at a call where there's a possible? Burglary in progress and you're going in with the canine. What are the advantages and the safety factors? Well, there's a number of advantages The first advantage is again safety The thing that the dog does for us is that he locates people using his nose something that we can't do we are stuck When we do a say a building search of a burglary we're stuck with going in there and finding that person Visually just like playing hide and seek you go in there and you look in cabinets you look underneath trash cans I mean just anywhere somebody could fit is where they'll hide we can take a dog in a building search And instead of having to do that as soon as we walk in a door the dog's telling us. Hey somebody's in here Now that officer that's in there Is ready for somebody to be in there the vast majority of building searches that that a police department does are false alarms There's nobody there people tend to get a little complacent police officers You don't deal with that with the dog you walk in the dog says hey somebody's here And then we let the dog go find that individual you can't hide your smell from a dog's nose He goes in he finds him the canine handler gets to stand behind cover When the dog locates that individual he can call the dog back to him and give that individual another opportunity to surrender to the police officers They get that opportunity when we walk in as soon as we walk in we give announcements. Hey, we're coming in with this dog If you don't give up You might get bit by the dog if they don't give up we send the dog the dog can do it in Probably five percent of the time it takes police officers to do it. For example a building like macy's Would take six police officers the better part of three hours to search correctly and they're probably only going to be about 25 Correct on whether or not they've got everybody out of that building Officer great house and his dog zambo can do that same search in under 45 minutes And be about 99 correct about whether or not we've got everybody out of that building that doesn't belong there So it's an incredible help to us Every time he walks in a building with that dog He's saving other police officers from having to go in and do that with basically no advantage at all So the big advantage is safety. There's a time savings there, but it's all about safety The canine unit is such a support for the patrol unit and you're on call 24 7 Could you talk a little bit about that how many calls that you go on? well Basically what we do for patrol and for the entire police department because sometimes the detective bureau call us especially narcotics But basically what we do is a support role The patrol dogs or at least the dual purpose dogs in their patrol capacity do a number of things for us Obviously building searches we've talked about that Our police officers don't have to go in and manually search buildings if we've got a dog available We also do tracks So that if somebody goes out and commits some sort of crime and again They run when the police get there before the police officers get there We can use that dog to go out and find that individual The big advantage to that is that now we get a charge that individual for that crime that night the evidence is there That the person's there. He's in the state of mind that they were in when they committed the crime We also use them for article searches so that if somebody goes out and commits some sort of crime um say they try to get rid of evidence a weapon they might have used or something they might have taken we can use the Dog to find that and then we've got the drug dog capacity of all of our drug dogs Those dogs go out and take drugs off the street every day every day One of these drug dogs is going to be doing something and then we've got our explosive detector dog who? Obviously protects the public basically by going out and doing searches for any kind of explosives. So they're very useful Officer whittlesey, could you tell our audience a little bit about the cost of the canines where you go to purchase the canines and also The assets that they do bring back into our city well The cost up front sounds like a lot For example a dog like this dog when we buy that dog is usually about a year and a half old They come from a vendor in indiana who actually sends Over to slovakia right now and buys these dogs for us and they come to us without really even knowing their name So when they get here, you've got a dog that cost us now $6,400 who's about a year and a half old and doesn't know his name They go through a 12 to 14 week training program during which time they're paying the officer and they're you know, they're paying my salary So there's a cost there When they're done with that training program, they go out and they work the street The thing is is you really can't put a price on What that dog does in terms of lives he might have saved because you don't know every building search where you find somebody You have no idea if that individual is going to do something to the officer And then whenever we go out and find a missing person or go out and stop somebody in the middle of it You know, we stop them in a track from committing any other crimes And then there's a there's an asset in there Financially to all of these drug dogs when they go out and find drugs essentially anything that somebody's Purchased with drug money their house their car the money they have Gets forfeited to the police department and you can look again at zambo as an example The first week out of training for that dog. He found $77,000 in drugs in some guy's car and the money was in a drive shaft. We never would have got that So basically zambo paid for himself the first week. He worked officer. Whittlesey. What specialized equipment? Do you use with the canine? Well, we've got basically a standard patrol car that we then take and modify specifically for canine use First thing we do obviously is put a kennel in it It's an aluminum enclosed carrier keeps the dog safe keeps the public safe from the dog There's people who out go out and try to get in the back of the car with the dog for whatever reason And then inside that car. We've also got some other safety features. First thing we have is a heat alarm What that does is monitor the temperature inside the car so that if it exceeds a certain Temperature that we can actually set we can say this is the temperature I want it to be It'll activate the lights on the car the siren on the car and roll down the window So if the officer knows he needs to get in there plus we've got cross ventilation going right then We've also got remote door openers so that if we get out with some individual and they're basically wanting to fight us and We need help we can use that dog