Everybody really likes paying property taxes, but as long as we know we're being treated the same as everybody else, then most people are comfortable with it. Yeah, so before you go to the more detail about the open inspection, and you can tell people more about that, but fair, equitable, those are different things? Those are related things? I mean, how do you know? Yes, I think being treated fairly, that all property is being treated the same way. And the Constitution says that all property, unless it's specifically exempted by law, is to be assessed at 100 percent fair cash value. OK. So you want to be treated that way. Plus, you also want to know that your assessment makes sense when compared to other property's assessments. Okay, and fair cash value, you already said this, it's kind of based in part on if there have been sales and what the adjacent property are? Fair cash value is what the property should bring in an open market with a willing seller and a willing buyer with the property on the market for a reasonable period of time. And law has pretty much held that the best indicator of a property's value is its sale price. So what we do, most of the assessing we do, particularly on residential property, is based on sales of like property in that specific neighborhood. So ideally, just to keep it simple, for example, if you were to live in the Stonewall subdivision, what we would do when reassessing Stonewall is take all of the sales in that subdivision and then apply them to like property. So we would be looking, if it's a one-floor ranch, we would be comparing that to other ranches. If it's a two-story, compare that to two-story. And then we make adjustments based on things like whether it has a basement, whether the basement's finished. If we know whether or not the house has been remodeled recently, we do follow up on building permits. When building permits are issued by the city, we get copies of those and we follow up on them. So even though we do do mass assessing, we try to apply real data whenever possible. So it sounds similar to what if I wanted to get a bank loan and they asked to have my house, the property appraised. Right. So I presume it's something similar. It's similar, except that I'm authorized by law to come onto your property and take external measurements and take a look around, but I'm not authorized to come in and look around. And property owners rarely invite me in to look around, oddly enough. Oh, you're a friendly fellow. I do my best. So an appraiser has the benefit of going into the house and covering it in complete detail from top to bottom, and we don't have that luxury. All the more reason for the property owner to be familiar with their rights. Right. So let's back up. And this open inspection. Open inspection. It always begins the first Monday in May and runs for 13 consecutive days, including Saturdays. So for this year, it will be May 6th through May the 20th. If you want a conference with me on your assessment of your property, then come in and talk to us, and you'll generally get to speak to the assessor who actually placed the value on your property, and we'll share the information. Everything that we have that helped us arrive at that value, we'll share with you. We'll show you the sales in the neighborhood. Then if you have something that you want to share with us, for example, if you have a recent bank appraisal that suggests that we don't have the assessment correct, then that would be the time to do it. Okay. And if after you talk to us, if we're still not able to arrive at a place that you believe is fair or equitable, then property owners can appeal that to the local board of tax appeals. And the only requirement for filing with the local board of tax appeals is that you do have to conference with my office before you make the filing. Okay. And the deadline for filing the appeal is the close of business the day after the end of open inspection. So open inspection ends on May 20th. The last day to appeal is May 21st. Okay. So if a property owner does end up wanting to appeal, we try to make that easy. There's a deputy clerk from the county clerk's office who works out of my office that entire week of open inspection. So if you come in and talk to us, you're not satisfied. You can go right to the deputy county clerk and file the appeal. Okay. I did have one specific question. I'm way too young to qualify, of course. What I understand is an exemption, a homestead exemption, for people of a certain age. Can you want to talk about that a little bit? There are. Most states have some type of a homestead exemption where the government tries to make it easier for retired persons and elderly to remain in their home if they choose to. And in Kentucky, the homestead exemption takes a specific dollar amount off the assessed value for the purposes of paying property taxes. So it's a state regulation applied locally. It is. And it's a dollar amount. It's a dollar amount. And that changes every two years. It's adjusted with the Consumer Price Index. So for the next two years, for 2013 and 2014, it's $36,000 off the assessed value. So if you have a house that I assess at $100,000 after you take the homestead exemption off, then you would be taxed at $64,000. And the age? The age is 65 years of age or older. One or more people who own that. Whoever gets there first. Your name needs to be on the deed. Yeah. So whichever spouse or whichever person on the deed gets to 65 first, then that's the name that it goes on. And you don't have to, don't wait until your birthday. If you're turning 65 in 2013, go ahead and contact us now so that we can get it in place before tax bills go out. Because otherwise then we have to go back and fill out a lot of forms and government red tape and get refunds. So anybody who's turning 65 in this calendar year, they can get it. But they have to apply for it. They do have to apply for it. It's not automatic. It's not automatic because we don't know exactly the Social Security number and the date of birth of every homeowner. My office maintains the official registry of who owns what homes, but it's not tied back to anything that would indicate their age. So typically the way it works is we get a copy from the local board of elections of the voter file of the people who are turning 65 that year, according to the voter file. But as you and I and everybody else knows, not everybody is registered to vote for whatever reason. So I know that people are falling through the cracks. And just anecdotally, I run across people who were not aware of it, who were not taking advantage of it. I know we're not at 100 percent participation. So that's a goal of mine while I'm in office, to get the homestead exemption at 100 percent participation. Now, if you're just now hearing about it, just now finding out about it, and you are over 65, I can go back two years. So anything that you were not taking advantage of prior to two years ago, I can't get refunds on that, but I can go back and refund two years. And the dollar amount of the exemption, depending on which taxing district you live in, is about $410 in savings in annual property taxes. So it's not an insignificant amount. Okay. We've got a very few minutes left. Is there anything else that you think people need to know or you'd like to tell people about the office? Yes. One thing that people may not know is they have a very good resource at the PVA office on our website. It's Fayette PVA, as in Property Evaluation Administrator, FayettePVA.com, and there's a wealth of resources out there. In fact, we've launched a new product on the website today. As a matter of fact, depending on what day this airs, it may or may not be today. But we put out sales reports. So if you're familiar with the home seller section of the Sunday paper where you can see the properties that transferred, we've got an electronic version of that. So you go on the website, pull it up, and you can click a link. It'll take you right to the property record for each of those properties. You can look up each of the 110,000 properties in Fayette County, see a picture of the property, see a sketch of the building, see the sales history, see the assessment history. We spend a lot of time researching the very best website applications out there. and I think we've got a really good resource at PVA.com. Well, great. Again, thank you for joining us or joining me today and sharing this information, and thank you all for watching. Again, there will be information about the PVA office up on the screen, especially for those who may be over 65 if you've not taken advantage of that homestead exemption. Now is the time to do it. Thank you for watching. Hey, kids, are you tired of having nothing to do? Will you be bored this spring break? Well, like when you're at home, you can't do nothing but watch TV. It would be boring to stay home because all you get to do is watch stuff and play video games. At home, I just sit with my sister. Then you should spring into fun at the Dunbar Community Center. For only $10, kids in grades K through 6 can enjoy a full day of fun during spring break camp. Beginning on April 1st, Dunbar Community Center will have a variety of activities each day from 10 a.m. to 4 p.m. I wasn't here last year for the camp, but this year I'm planning on going to the camp to see what it's like. And we had our field day outside. We had to have water balloon fights and stuff. And now we played in the gym, volleyball and kickball. Camp activities will include arts and crafts, games, step class, basketball, cooking class, where you will learn healthy eating tips. And you can also take part in the computer program and even learn African drums. Kids, tell your parents you must register before March 30th at the Dunbar Community Center, located at 545 North Upper Street. The $10 registration fee will cover a snack each day and a camp t-shirt. Space is limited, so hurry in and sign up today. For more details, please call Parks and Recreation at 859-288-2900. Free and a fun! At Dunbar Community Center! To the bandango Stomp the bones and lightning Very, very frightening me Galileo Galileo Galileo Figaro I'm just a poor boy And nobody loves me He's just a poor boy From a poor family Sparing his life From this one small city Easy come, easy go Will you let me go? Bismillah No, we will not let you go Let him go He will not let you go We will not let you go We'll not let you go We'll not let you go Oh, oh Oh, oh, oh, oh Oh, oh, oh, oh Oh, oh, oh, oh Oh, oh, oh, oh Mamma mia, mamma mia, mamma mia, let me go. Beelzebub has a devil put aside for me, for me, for me. So you think you can stop me and spit in my eye? So you think you can love me and leave me to die Oh, baby Just do this to me, baby Just gotta get out Just gotta get right on the wheel Oh, yeah, oh, yeah Oh, yeah, oh, yeah Nothing really but it, nothing really but it to me I ain't got no regrets I ain't losing track of which way I'm going I ain't gonna double back now Don't wanna misplay Put on no display An angel know But I know my way Oh yeah I used to follow Yeah, that's true And the following days are over Now I just gotta follow through And I remember when my father said it He said the sun like a sail To the cherry red For the midnight blue Midnight blue You were the restless one And you did not care I was the trouble boy Looking for a double dare I won't apologize For the things I've done and said But when I win your heart I'm gonna paint it cherry red I don't wanna talk about What you do to me I can't live without it And you might think that it's much too soon For us to go this far Into the midnight blue It's midnight blue Things could be different Let it be a shame Cause I'm the one who can feel the sun Right in the pouring rain I won't say when Don't know when Soon there gonna come a day, baby I'll be back again Yeah I'll be back for you See I'll be saving up my love Midnight blue Into the midnight blue Oh, oh, oh, oh Here's the midnight blue Oh, oh, oh, oh The deepest midnight blue Oh, oh, oh, oh Here is the midnight blue Oh, oh, oh, oh Bitter and blue Oh, oh, oh Bitter and blue I'm falling, falling, falling in at your feet I'm tingling right from my head to my toes So help me, help me, help me make the feeling go Cause when the lovin' starts and the lights go down And there's not another living soul around You rule me up till the sun comes up And you say that you love me A pity baby just when I thought it was over Now you've got me running, running, running for care I'm begging you for a little sympathy And if you use me again It'll be the end of me Cause when the lovin' starts And the lights go down But there's not another Living soul around You rule me until the sun comes up And you say that you love me guitar solo Cause I'm better and weaker, weaker, weaker Yes, I'm not as strong as I used to be And if you use me again, it'll be the end of me Cause when the loving starts and the lights go down There's not another living soul around Thank you. For March 28, 2013, our first item on the agenda would be approval of minutes. We've got two sets, February 14, 2013, and February 28, 2013. They were emailed to the council members. If there are no changes, I'll entertain a motion. Mr. Chairman. Yes, sir. Move approval of the minutes for the 14th and the 28th of February. Thank you. Motion's been made and seconded for the approval of the minutes from February 14th and February 28th. Please vote when it comes up on the screen. That motion passes. Thank you. Next, I would ask for any postponements or withdrawals today. Yes, sir, your name? Hello, my name is Tony Justice. I'm with Trinity Engineering and Survey. We represent the Arnold Properties LLC zone change application 1165 Jones Trail. We're requesting postponement to next month at this time. Do you want two weeks or 30 days, or what's your thoughts? 30 days. 30 days. Okay. I believe that's April 25th. Am I correct? Yes. Yes, Mr. Chairman. Okay. Anyone in the audience wish to speak to this request in regards to postponement? Sir? Come forward, please. Let's get you before the microphone. I'm sorry. This would be on page 3 at the bottom, number 2, Arnold Properties on Jones Trail. Your name, sir? Henry Shelby. Mr. Shelby. I'm one of the property owners in Jonestown Lane. My mother is. Okay. And y'all was talking about postponement. Yes, sir. They made a request for postponement for 30 days. Do you have an objection to that postponement? You're okay with that then? Okay, thank you. Anyone else? If not, I'll entertain a motion for postponement until April 25th. Ms. Plumlee? Thank you. Do we have a second? Second. Motion's been made and seconded for postponement until April 25th. Please vote when it comes up on the screen. Thank you. That will be back on the agenda for April 25th. Any other postponements or withdrawals? Mr. Murphy. Thank you, Mr. Chairman. I'm Dick Murphy on page two, item one, Patricia Donahue's owning map amendment and Ethington and Ethington property, the MARV 2013-3 and the associated variance and development plans. I represent the owner and developer. We're requesting a one-month postponement until April 25th. Thank you, Mr. Murphy. Anyone in the audience wish to speak to this request for postponement? Seeing none, I'll entertain a motion. I can't find the other. Yes, ma'am. Okay, thank you. Do we have a second? Second. Motion has been made and seconded for postponement of MARV 2013-3 until April 25th. Please vote when it comes up on the screen. Thank you. Motion passes. Thank you, Mr. Murphy. Any other requests for postponements or withdrawals? Mr. Chairman. Yes, sir. Staff would like to bring one item to your attention. On page one of your agenda, under subdivision plans, item A, plan 2013-17F, Distillery District. This is property located at 1200 Manchester Street. We have received a written request by the applicant to postpone this plan to your subdivision hearing in April, which is a two-week postponement. I'm sorry, what date was that? That's April 11th. Okay. Thank you. Anyone in the audience wish to speak to this request for a postponement? Seeing none, I'll entertain a motion. Mr. Chairman, I move for postponement to April 11th for Plan 2013-17F. Thank you. Do we have a second? Second. Motion's been made and seconded for postponement 2013-17L until April 11th. Please vote. when it comes up on the screen. That motion passes. So we've gotten three out of five items today. Any others? Oh, I think we can handle it. We'll move to page four, which is item three on the agenda. It's AU Associates Incorporated, Zone Map Amendment, and Gardenside Cabana Club, Phase 2 and 3. It's MAR 2013-6. Mr. Taylor, are you taking us through this? An able-bodied substitute for Ms. Wade, who's playing mother? Probably could be abbreviated, maybe. Go ahead, sir. Do you want to go ahead and check? Yes, please. Okay, go ahead. Anyone in the audience wish to speak in regards to this plan today? Yes, sir. Okay, thank you. We'll continue on. Yes, ma'am. All right. The first and, I guess, only remaining zoning item on your agenda today is on page four, under item number three. It's AU Associates, MAR, 2013-6. This is a requested zone change for 4.09 acres of property located at 1060 Cross Keys Road. The applicant is requesting a zone change from a professional office P1 zone to a planned neighborhood residential R3 zone. There is a small easement area that's fully enclosed by the subject property that is to remain P1. That is a utility structure on the site. It's an easement area, and again, it's not part of this zone change application. The property is located just to the east of Alexandria Drive along Maywick View Lane and just to the south of Cross Keys Drive. Again, this is Cross Keys. This is Alexandria. This is the access easement Maywick View Lane. This is the phase one of the original development that is remaining as P1. This is the subject property. To the rear here is the Gardenside Shopping Center. To the southwest along two boundaries is the Gardenside Shopping Center, which is zoned B1. To the north and the east is additional R3 property with multifamily housing. This request represents sort of the second and third phase of the development that began on the adjacent P1 property that maintains frontage along Cross Keys Drive. The subject property is proposed to utilize access through that completed first phase of the project. Again, that is a parking lot in this area. The newly constructed completed building is here. The access for this property would be through that portion of the property. There is no proposed access to Maywick View Lane. There is a grade change on the subject property that would prohibit that, along with the fact that it is a private access easement. It is privately owned. The applicant did subsequently revise their development plan since the zoning committee saw this staff report, and the applicant is now proposing the zone change in order to construct 72 dwelling units, but with 143 bedrooms, 123 associated off-street parking spaces. The 2007 comprehensive plan recommended semi-public facilities, future land use for the subject property, in recognition of the long-time YWCA facility on the site. As such, the proposed R3 zoning cannot be found to be in agreement with the land use element of the 2007 comp plan. With the 72 dwelling units proposed, the applicant is proposing to develop the property at a density of 17.6 dwelling units per acre. is within the high-density residential categorization. Dwelling units are a permitted use in the existing P1 zone for the second floors and above, provided that the professional office uses are located on the first floor. As such, some amount of residential development would be allowed under the current P1 zoning. However, the applicant does not believe that given the limited access and visibility for that internal portion of the site, that another mixed-use project would be viable at this location. The applicant is now proposing a purely residential development with a land use that is highly compatible with the surrounding land uses of the additional multifamily housing around the neighborhood business as well as the elementary school in this area. It's James Lane Island Elementary there. Like I said, the largest land use in the area are the Gardenside Shopping Center and the elementary school. The staff in the zoning committee did recommend approval of this request for the following reasons, that the planned neighborhood residential R3 zoning is appropriate and the professional office P1 is now inappropriate for the rear portion of 1060 Cross Keys Road. Since dwelling units are permitted use in the P1 for the second floor and above, some level of residential would be allowed. However, the mixed-use project is not considered to be feasible at this time given the access and the visibility. The existing P1 is not appropriate because it doesn't appear that the site would have direct access to a public street and adequate access to foster, again, a successful development. The proposed R3 and multifamily residential development are compatible with the surrounding areas, again, with those surrounding land uses. And the comp plan does recommend high-density land use to the north and to the east of the subject property defined at 10 to 25 dwelling units per net acre. And again, in comparison, this development is at 17.5 roughly dwelling units per acre. The 2012 comp plan goals and objectives and themes are supportive of this proposed zone change request, particularly theme A1B, which encourages housing near employment and commercial areas, as well as theme A2B, which encourages identifying opportunities for appropriate infill that respect the area's context, as well as the design features. Again, this recommendation is subject to the approval of the development plan. If you have any questions on the zoning, I'd be happy to try to answer them. Mr. Penn. Chris, the access easement that's going to be there for the development part, is that a permanent access easement? So that'll be the only way in and out for that piece of property? That's correct, and that access easement exists and maintained already on a previous development plan for that first phase. So when we see the development plan on this piece of property we're rezoning, then there will be a traffic pattern that will be ingress and egress on that one axis? That's correct. There's no other axis aside from cross keys. Any other questions? Thank you, Chris. All right. Mr. Martin will take care of the development plan. Mr. Martin, as he's coming forward, we do have revisions on the development plan, zoning development plan, on a blue sheet that's before you. Mr. Chair, members of the Commission, the preliminary development plan that is associated with this zone change is located on page 5, item B, ZDP 2013-23, Garden Side Cabana Club. Again, the preliminary development plan, again, is for the old YWCA property. Alexandria sits up in this location with the P1 area here. Kroger's would sit back over in this location. Here is Cross Keys Road and Maywick View Lane, which is the private access easement. This is rather a unique, not totally unique situation, but it is different. Up in this way towards the Wendy's in Alexandria, that's actually been dedicated as a public street, but this is private through here. And again, cross keys intersection on up to Alexandria. The access easement you referred to, Mr. Penn, is located here, or will be when it is established, that will serve as the sole access into Phase 2 and Phase 3 through this area. And they are proposing three apartment buildings in each phase, phase two and phase three. There is a little over 42,000 total square feet in each phase. As Mr. Taylor stated, there's 123 parking spaces, as you can see here. This is exactly the required amount. They're providing the exact required amount. They are taking advantage of their bicycle deduction. They have racks located on the property. And you can see there's extensive green space on the site. There is tree protection areas designated along the perimeter as well for this development. There's a mix of units being proposed. It's virtually identical in each phase. There's a slight difference in that there's 71 bedrooms in Phase 2. There are 72 bedrooms in Phase 3 being proposed. The plan that you see before you, and the reason for the blue sheet, of course, is that is a revised plan. The applicant addressed a number of cleanup conditions that were placed on the plan. They were strictly typical cleanup additional information type of conditions. You can see they have been marked through on your blue sheet. What remains are several of our standard sign-off conditions. a need to clarify the existing tree canopy in terms of the existing tree species. That's just, again, a cleanup condition that's called for in your ordinance. They need to document the ability to meet Article 21-4E of the zoning ordinance, not 14, but I believe. That's merely who's going to pay the Linn Blueprint bill because these are design firms from Ohio, And we do that to every out-of-town firm, as you all may recall. We need to make sure that they have an account with LEND to pay for our reproducibles. That's in our ordinance. So we just like to be assured of that. We also have to note that the proposed lotting will be addressed at the time of the final development plan. Now, there was a little bit of discussion about this plan being a preliminary development plan and possibly a subdivision plan. They will need to file a preliminary subdivision plan if they wish to lock this property off, and that would be appropriate at the time of the final development plan as well. So this body will see a final development plan on this property. There is the item 9, which says to note the on-site stormwater detention will be addressed at the time of the final development plan. this site does drain down through here and there is a little bit of steep slope there's going to be required a few detaining walls or retaining walls here the previous plan did call for a swan site detention however they may qualify like much of the property that's already been developed in our community for relief under our stormwater manuals. And it is staff's understanding that they have already been engaged in conversations and submitted preliminary figures to the Division of Engineering. The absolute need for detention will be determined, of course, at the time of the final development plan, because that will be the time they can actually pull a permit and will have to submit detailed drawings and construction drawings for approval. And, again, staff can report that as we spoke with our engineering staff today and there have been discussions with the applicant on that issue. Your subdivision committee had recommended approval of this plan. If you have any questions for me, I'll be happy to try to answer them. Thank you, Mr. Martin. Any questions for Mr. Martin? It does not appear to be. Thank you. Applicant here? Speak? Yes, please come forward. You don't have to. I would presume that, let me just ask if you're agreeable to all the conditions that's remaining here. We appreciate what you've done to clean it up. Darren Eyre with Klein-Geris Associates. We're here on behalf of the applicant to answer any technical engineering questions that the council may have of us. And you're okay with all nine conditions? Yes, we are. Okay. Thank you. Anything else that you would like to add? No? Thank you. Okay. Anyone else wish to speak in regards to this? Yes, please come forward. If you would, please give us your name and address. My name is Robert Ely. I live on Parker's Mill Road, 1814. Pardon me if I'm out of sequence, but I just got this when I came here. And I have a few questions. If you look at the map that they portrayed a while ago with the colored pieces of property, the two pieces of property on Maywood View Lane, which are the two bottom blue pieces I own. I also live on Parker's Mill. That's not Garden Side Shopping Center. And I do believe that that piece of property is in closer proximity to those two pieces of property than anything else mentioned. In my office building, we have a behavioral health clinic, a dentist's office with three dentists, the Lexington Leadership Foundation, which is kind of the local United Way, a health clinic, and a consulting service office, which is mine. My only concern is, is Maywick View Lane right now is being used as a playground for the development that's already there. I don't know what you will address at this meeting. I don't know how far it will go. But I believe that there needs to be some kind of buffer other than a blue line between obviously professional offices and this housing. Right now, the housing that has been constructed, the persons park on Maywick View Lane. They double park on Maywick View Lane. They get out in the parking lots and they holler and fight with each other. There were five people in our parking lot yesterday in a fight that live in that building. There needs to be something to differentiate this property from the obvious professional property that's in blue. Number two, I'm not opposed to what they're trying to do. I just think there needs to be limitations placed on it. If you have professional, if it is zoned if you want, and you do have to have professional offices on the first floor, it makes the property only keep the place up a little bit better. Right now, drive out there and look at it. Look at the drug deals going down in the corners. Look at the mess that's there. I'm concerned about what will happen when it gets approved for strictly residential. So I'm asking two things. One is if you approve this zoning change, you approve the zoning change based on the fact that they're wanting to build 73 units, but next year they can't say they want to build 150, and that they do something to separate the businesses on Maywick View Lane from this property. I stood here two years ago when there was a, or maybe three years ago, there was a 299-unit apartment building being proposed to be put on this property, and they had put access on the Maywick View Lane. Maywick View Lane right there is a parking lot that belongs to me. Somebody needs to do something to put a fence up to keep the traffic from intruding on the businesses on Maywick View Lane. My buildings are kept up very well. They have professional persons in them, and we cannot let this drive them off. Also, and you all are already aware of this, there's a major traffic problem at Cross Keys in Alexandria, And it will not be relieved by routing people through our parking lot. What I will do is if the traffic plan shows routing through my parking lot, I'll put up concrete barriers. But I will stop that so it cannot be an outsource. I believe, and this could be incorrect now, but Cross Keys and Alexandria was the fifth most dangerous intersection in the city. So if you're going to add traffic, if you're going to add 73 more units, then that has to be addressed in detail. But I'm confident I'm missing something. Let me think just a minute. Two concerns. Separate the residential from the professional offices. Do something about the traffic. Make sure the persons take care of what's there. I have a hard time believing if it's such a mess now that it's going to be anything but a mess once they get done. I think you can go look at it now and determine what it will look like when it's strictly housing. So, is there any questions for me? I'm sorry, your last name is what, sir? Ely. E-L-Y. Yes, sir. E-L-Y, Ely. Thank you, Mr. Ely. I own the two lower pieces, blue pieces of property, and I live at 1814 Parker's Mill. Okay, when you say you own the two lower pieces across Maywick View Lane? Correct. Actually, Maywick View Lane, I don't know why they call it Maywick View Lane. It's not an access easement. It's not anything. It's part of the parking lot. Maywick View Lane is 85 feet long and extends from where you come into Wendy's just around that corner. Okay. But every bit of that blue part where Maywick View Lane touches the blue lots is private property. It's not an access easement. It's not anything. I don't know why they call it Maywick View Lane. Okay. Thank you, sir. Let me see if there's anyone else that wishes to speak, and then we'll see if we can get some answers from our staff once again. Anyone else in the audience wish to speak? No. Can I ask a very direct question? Yes, sir, you may. I know this is a zoning change hearing. Is this a zoning change based on this proposal, or once the zoning change is made, once it is approved, will they be able to alter this proposal? It's based on that proposal. So based on this proposal. So this proposal, if it's approved, could include some provisions to limit access for these persons encroaching on the businesses at Mayweview Lane. That is possible. Let me get my staff back up here to try and answer any other questions that you may have issued. I think this is very attractive. I think it's a good idea. I mean, it's much better than what's there. but right now it's a buffer between Crossviews Apartments and the professional area and I know with what's there now there's not this many residential units and my parking lot's playground. Thank you, sir. I appreciate the concern. Let me get the staff back up here to possibly answer any questions. Right now, you're talking about this proposal cutting through your property. I would have to say that they would have to get on the cross keys, come down Maywick to get anywhere at that point in time. Actually, they don't. They just walk out in the parking lot. I'm talking about that. Okay, you're talking about pedestrian traffic, right? Absolutely. Our parking lot is the playground. Okay. Right now, there is nothing between that property and our parking lot, except for the blue line you see on the map. So there needs to be some way to separate that from our parking lot so that our parking lot is not an extension of this development. Okay. All right. Mr. Salley, do you have any responses? Are you done with me or are you going to stand here? Yes, sir. I am done. I don't get to answer whatever he says. Yes, sir. Go sit down. Yes, sir. Thank you. Thank you, sir. You might use the front row. I think the chairman will give you some rebuttal time. There you go. Thank you, Mr. Chairman. I was just going to say the staff's understanding is that Maywick View is an access easement based on old plans from either the 60s or the 70s. I think Mr. Martin and Mr. Taylor are searching for that in our file. Also, the development plan that's before you, you can consider things like fencing restrictions, landscaping, even possibly conditional zoning restrictions. So I just wanted to address those issues that Mr. Ely raised. And let me ask you this. Hold on, Mr. Ely. Mr. Salley, as far as my statement a moment ago, this zone change is based on this zoning development plan. Anything different, they would still have to come back to us for any changes? Well, in order to develop anything in Phase 2 or 3, a new development plan will have to come to the Planning Commission Without conditional zoning, it could possibly propose additional units, but that plan would still have to come to the commission and be approved before any construction could begin on that part of the property, whether it's P1 or rezoned. Okay. All right. So, Ty, for a second, we've got a couple of questions here. Ms. Beatty? Mr. Salih, could you point out again where you just talked about an easement and then Mr. Ealy talked about there is no designated road that's his private property. Can you point out with a highlighter exactly where the easement is and where his property line is? Yes. There's a road or where the road stops. Yes. The easement Mr. Taylor mentioned is here, and that is proposed to remain professional zoning. This is the access easement that's known as Maywick View Lane. And Mr. Ely is correct. It is a public street along Wendy's to this point. And then from this point, it is an access easement onto Cross Keys. I think Mr. Ely's property line is, I'm not sure if it's on this side or this side, but we believe that is designated as an access easement. It's been a private access for decades. Mr. Penn? Bill, is this? It's not an access issue. Hold on just a second, Mr. Eason. Mr. Penn? Bill, is his concerns best addressed at the zone hearing or at the development plan stage? Well, it sounds like some of them are related to both items. So would you help us understand which ones ought to go with this zone change and which ones would be development plan issues? Well, there were some concerns expressed about the density, things like fencing and landscaping ordinarily are development plan issues. But access easement would be a zone, wouldn't it? Well, I don't think this plan proposes any change to the existing access in the area, and also this property is not proposing to access Maywick View Lane. So we're talking about fencing it so you can't be a development plan? I think he used the word fencing, but that's kind of what I gleaned from his comments. Certainly he can address those. Thank you, sir. Thank you, sir. Hold on just a second, Mr. Ely. Applicants coming forward, you're moving closer. Would you like to speak? My name is Holly Wiedemann, and thank you all for being here. I'm the owner and the developer, and I absolutely would invite you to come see it. I know that it is a source of pride to this, certainly to our firm. We've done projects all over the state of Kentucky. I'm a native Lexingtonian, and this is within Commissioner Peggy Henson's district. And I really don't understand the concern. This is a fabulous asset to the neighborhood. The Maywick View Lane is a private road. It is not publicly owned. It's been there since I learned to ice skate at what was originally the Cabana Club back in the 60s. It's a publicly accessed road. I don't believe you own the road. I believe you're incorrect. Well, I'm happy for them to look at that, But it's been, as your staff has mentioned, it's been a private access for decades, and it's always been there. And if you would like to install a fence, you're welcome to. But we have provided parking within our development, and we will provide parking as well for the new portion. And I would absolutely invite all of you to come and see it. I'm very proud of it, along with our properties in downtown Lexington on Market Street and our tech and every other development that we've ever done. I stand behind it, and I appreciate your consideration, and I'm happy to answer any questions you've got. We've got our architects here, too. We're very proud of this development. Thank you, Ms. Weidman. Any questions for Ms. Weidman for Jalees? Yes, Ms. Mundy. Thank you for being here. When Mr. Taylor was presenting this, he talked about that there's going to be a buffer, as I'm seeing it, around part of the perimeter of the property. A green buffer around the buffer, it looks like around the, I can't see north or south, anyway, the right side and the bottom. A green buffer there. Ms. Winnman, please take a microphone with you. Sorry. Sorry. Is there a possibility of continuing that buffer on up and taking care of this left side? Here was part of the design philosophy. We have planted over 120 trees. In fact, we've planted everything that's here. This whole area currently was completely overgrown and was a place, I'm sure that you would remember, where all of the, I mean, a lot of homeless. This entire site was condemned, as you may remember, when it was the Y, and it was a real source of vandalism and problems. We have stepped in and put over $5 million in this, put in new infrastructure, new water and sewer, a new private fire hydrant. And the whole idea of this, this whole neighborhood all over here that has nothing to do with ours, They walked to Kroger's. They walked to the bus stop. Part of what the design was to do is to allow people to walk through. That's why we designed these buildings the way that we did. On the first portion of this development, we did community service space in order to not change the zoning. And it is P1. And on our first level floors is Sunshine Kids, which you all may be familiar with. It's a supervised visitation. and also the Bluegrass Domestic Violence Legal Aid. So we provided that. They're fabulous spaces at our cost for no rent for these agencies. So the whole idea is to keep this as part of the neighborhood. We don't want to create a gated community or a barrier. All the rest of the neighbors that live here need to walk to the bus. They need to walk to Kroger, as I mentioned. This has been a privately owned lane by the Neighborhood Association. We looked up the owners of it. You do not own it, as far as I know. Your name's not on any deed. So this is all of our parking is here. If any residents happen to park there, we can't control that. I mean, you're allowed to park where you want to park. This is a public access road or private access road. It's always been a road here. It's not closed off. It's not owned by the city of Lexington. I'm not sure why the Neighborhood Association did that back in the 60s, but they did. And that was when the Traps owned a lot of this portion, and that's whose name is on part of it as part of the homeowners in the 1960s and 50s. So making a barrier, you know, if he wants to put that at the edge of his parking lots, he should absolutely feel, I mean, absolutely should do that. And there won't be any access into that. But, you know, the fact of the matter is this has been this way since, you know, for the past 60 or 70 years. So I don't intend to put a fence along there for any reason. I mean, that doesn't make any sense at all. It would disrupt the entire neighborhood. Thank you, Ms. Wiedemann. Let me ask you any comments, statements, address it to us. I don't want to get a tit-for-tat back and forth between neighbors, okay? Mr. Penn, did you have a question or you got answered? Yeah, I think Ms. Wiedemann answered by question. I'm still trying to decide whether there is a need for conditional on the zone change or whether this is a development plan issue. And so that's what I was trying to decide here while I asked the question that I did. And I'm thinking we just treat this as a development plan issue. I think that's what we ought to do unless staff has other work. Thank you very much. I think I would tend to agree with you at this point. Any other questions from the Commission members just yet? Mr. Ely, do you have any other comments at this point? Thank you, Ms. Weedemann. This is my council person, Marcus Mill Road. That's a good question. I don't have it before me. You asked this council person, two years ago, I parked a truck trailer on the side of that road, and the police came seven times and told me to move it. It was licensed. I said, I'm not moving it because it's private property. someone called and placed a complaint with the council and my council person called and told me I had to move it an engineer told me I had to move it so I called my council person they checked in and said Mr. Ealy you're right I am so sorry that's your property if you look at a plat of 1750 Alexandria Drive Maywick View Lane the only easement on the back is utility easement my property goes to the other side of the road it is not a public road all you have to do is look at the plat If you were sitting here three years ago, you know that there was an apartment complex proposed to go in there, and they showed access onto that, and planning and zoning looked at it then and went, huh, that's not a public road. It hasn't been there forever. We're talking about changes today. We're talking about everything changing, so we can't pick and choose what part of it we want to stay the way it is and what part we don't. So we can't say we want to do all this, but Maywee View Lane's been there forever, so let's leave it like that. We're talking about the impact on the surrounding neighborhood. There is an impact on those professional offices. Okay? It is not fair for someone to say, hey, we want to do things, so persons walk through your parking lot. You can drive through Walmart's parking lot if you want to. It doesn't make it public. It's a whole lot easier to walk through your yard to get somewhere. Is it okay if somebody does it? That's a very lame argument. What I'm looking at, I think this is very attractive. I think it's good use for the property. I want to make sure that if there's a zoning change done or approved, that somebody doesn't get carte blanche to do what they want to, and that the zoning change is done, keeping in mind that these are professional offices on the other side of Maywick View Lane, which is not a public street. Go to the city engineer's office and look at the plat. It's not a public street. I don't care if it's been there since Geronimo came through. It's not a public street. I have a deed to that property. I wrote a check for it. Nobody gave me money for part of Maywick View Lane, and my property goes to the grass side of Maywick View Lane. It's a very easy fact to check. The only thing I ask is that the persons that develop this property keep in mind these are professional offices and not say they don't want to change the nature of the neighborhood, and they want my parking lot to be a playground for those persons and for that to be kept in mind. That's all I ask. I'm glad they're developing it. The parkside thing they've done now looks really good. I'm glad they have government offices on the first floor. I also know they received favorable governmental assistance in putting that thing together. So everybody's here to look out for themselves. The developers are here to look out for what they want. I'm here to look out for my interest. Everybody is. I want them to do this. I want them to not consider my parking lot part of what they're doing. Thank you, Mr. Elias. I think most of your concerns, as been stated, can be addressed at a later development stage, since this is just a zoning development plan right now. Well, let me ask another question, because I don't think the question was ever really answered earlier. Can the zoning change be approved dependent on certain variables, dependent on the fact that they do something between these pieces of property? Because if the zoning is approved and then they have to address this in the developmental stage, I've wasted my breath. One, I don't think your breath has been wasted. I think it will be addressed at the development stage, knowing your concerns. All right. I appreciate y'all's time. All right. Mr. Berkley, did you have a question? Just for Mr. Salee, I know in certain situations we have zone-to-zone screening requirements. Is there any at all between them? Thank you, Mr. Ealy. Oh, I'm sorry. I thought he was talking to me. That's okay. Is there any zone-to-zone screening requirements at all? There is zone-to-zone screening required between residential and office and business zones. There is an exception for frontages. And since this property has a frontage along the street, even though they don't have access, it might be exempt from zone-to-zone screening requirements. Even though it's private? Even though it's a private street. that may be how that lot is meeting its frontage requirement. Certainly the commission can require landscaping on a development plan through conditional zoning and so forth, but being as that is a frontage, it may not be an automatic screening situation there. Hang on a second, Bill. Thank you. Yes, Mr. Brewer. Hey, Bill. You just said it's a private street. I've heard public, private, public, private. What is this? We know. We know it's not public. It's only public from Alexandria to about this point. To the corner. That is public. We have in the file an ordinance identifying that as public street. From this point to the north, it is private. we do not have a copy of that adjoining plat in the file but our recollection as staff is that that is either a passway or an access easement private but an easement that allows access through and can we get can we confirm that it's an easement because clearly the mr elite we have made a call view on that we've made a call to the office in the hope that we can get that file information brought over. It is off-site property, but we're trying to ascertain that. Mr. Penn? Bill, don't go too far. I'm still confused. If the joining neighbor does not want pedestrian traffic to go through his property, and if the development plan does screening, that's not going to keep people from walking through to the development plan. What's the way out here? Do we do it on the development plan or do we do it on the zone change? Well, something like a sidewalk is a fairly easy issue to defer to the time of a final development plan. The reason being, as we sit here today, we don't even know if this will ultimately be the layout of where the buildings are going to be parking. if you think about it through our normal development process the last time this commission reviews subdivision plans and plats the sidewalks are generally not in place you do look at them at times of final development plans and it's not uncommon for the staff to have conditions that all of those kind of gaps in the system be connected up something like a sidewalk would seem from staff's perspective it would be very easy to defer to the time of final development plan. As you also know, fences and landscaping, we know where the property boundary is, so that's a little easier to figure out today. But then again, another issue that could be deferred to a final development plan stage. To follow up on that, if the Planning Commission decided that they wanted to do fences in order to give Mr. Ealy some relief, In lieu of zone-to-zone screening, could you require a fence to file a development plan? I think the Commission has that ability through your approval of the plan to do that. Thank you. Ms. Bundy? I guess my concern is, and I know of another situation or two here in town that have taken place in other developments, If you allow people to continue to cross someone's property, eventually that becomes a right-of-way, a prescriptive right-of-way that has to be then left open. This is Mr. Ely's property that these people are possibly crossing. If they continue to do it, as students have in the Beaumont area, to get to Dunbar High School, that now is a prescriptive right-of-way. So that's my concern here is if I understand the convenience, and I think it's great, but if you're allowing people to continue to cross this property, you're creating a right-of-way eventually that will have to be left open. Well, the staff's understanding is today that is already an access easement and has been for some time. What I'm not sure of is whether there is a dedicated sidewalk that separates the district. And I'm not talking about Maywick. I'm not talking about Maywick. What I'm talking about is coming from, as I'm looking at this map, from the SP odd-shaped piece across the light blue to get to Alexandria. If they're coming from that apartment complex, which, again, I think is awesome what you're doing there. I think it's a great project. I think we have to look out for the people that are around there as well, though, which one of them has to be my dentist, and I don't want to make him mad. But if you're coming from the green SP and you're crossing the blue, that's Mr. Ely's property. So if that is a continuum, then we get into a prescriptive right issue that then encumbers his property. And that's my concern about having them passing across, even if it's a parking lot. Ms. Phillips, Dr. Phillips? I'm Lynn. Lynn? I think that if the concern is a prescriptive easement, then it's incumbent upon Mr. Ely to fence his property, to prevent people from crossing his property. And I don't think that it's really the responsibility of this landowner. That's not the area that's being considered for rezoning. That's an off-site improvement, and I don't think that's within our purview. If we want to do screening or something to mitigate the effects of visually in terms of noise impacts, then I think that's fully within our rights. But to create a barrier to prevent people from going on to Maywick View Lane, whether or not it's apparently it is some kind of easement and the public has maintained use, I don't think that it's the responsibility of this developer to take that on. Mr. Cravens. Well, I'll take a little different view of it than that. You know, Mr. Ely's already there operating, and then the person doing the zone change is the one. You know, why should he have to fence them off when he's already there? They're the ones that want to come there. And these buildings aren't built, are they? Mr. Craven, it's the only building that's on the property is this one. They kept saying come out and see it, and I thought, well, are they already built, and they're just changing the zone on them or what? Okay, well, you know, I think the applicant ought to be responsible for containing management of their property and not allowing access over on to Mr. Ely. And this prescriptive easement, or sometimes if something's done open and notorious for a period of 10 or 15 years, then it becomes implied consent. And that's as far as I'm going to go with my lawyer abilities. But I think now's the time, if we want to require offense, I'd just soon do it now. and his condition of the zone change. Thank you, Mr. Cravens. Mr. Saleh, one question. There, as far as the one little small rectangular area on Maywig View Lane that is, I think, separated out on the zone change, that's just easement? There is a small utility building that occupies that space, and there is a small paved area between that blue square and Maywick View that is available for vehicle parking. Is that area fenced now? Do we know? It is not fenced from Maywick View. I can't recall from the site visit whether it's fenced behind. I'm not sure that it is. I guess my question would be, you know, there is discussion as far as possible fencing. if fencing is required or would be required, would that be fenced out as well? Would the fence have to go around that small area? I think to unencumber the utility company's use of that, it would. Okay. Thank you. One second. Mr. Martin. This is a plat prepared by Enders Engineering in plat cabinet N-413. It was signed 10-31-2008 and recorded at the same date, and it makes reference to Maywick View Lane as a right-of-way and utility easement 37 feet wide set forth in Deed Book 791, page 568, and deed book 2698, page 686. So it is referencing the deed book and the page where this was a recorded right-of-way. So we can put it up on the overhead. I wanted to read that to you and to the record. That's the basis of staff's understanding that it is an easement, a right-of-way easement. You were saying you said recorded right-of-way or deeded easement. It is a deeded easement, and it was referenced on this plan as such. Okay. Thank you. Anything to add, Mr. Selle? Mr. Chairman, the only other thing I might suggest, we have seen a few times where there is some level of uncertainty at this point where we've done something like add a note to the preliminary development plan that requires contact be made to Mr. Ely or any other citizens at the time a final development plan is brought forth, that might be an opportunity to allow folks to review whatever the final version of this will be and consider the landscaping, the sidewalk, and the fencing issues at that time. That would be to make certain that he's not left out of the loop and has a voice at the time of final development plan. as an opportunity to review the final proposed design and then consider some of these issues. All right. Thank you. Yes, ma'am. I think we're about to finish here, but yes, ma'am, please. You had something I'm sure you wanted to add. My name is Chantel Noble from City Studios Architecture. We're the architect for the project and also for Phase 1. And the screening issue that you were talking about, Phase 2 and 3 already sit at a lower elevation than Maywick. So we're probably five to six feet. Take the microphone. Go with you. Yes, ma'am. I think there's some natural screening that already happens, which might start to... So this building here, which is the closest to Maywick, is about approximately six feet at least below Maywick, and we're going to have to add a retaining wall in here anyway. So just in building the project, we are going to provide some type of natural buffer. And we don't know those exact elevations yet, but we will when we do the final development plan. And I think this would be something that would become evident during the final development stage. Okay. Thank you. Any other questions, statements, concerns at this point? Anything from the Commission? Yes, ma'am? Ms. Beatty? Mike, I want to go back to the recommendations, the conditions. It was noted something about a stormwater detention. Is that just a notation that we will take care of during the final development plan, as well as there was, I think, the barriers we were just talking about and traffic patterns? Mr. Martin, I'll let Mr. Martin answer. Were those related to the zone change or are those things that we can deal with at the time that we do the final development plan? The conditions of approval on your blue sheet state that they should denote that on-site stormwater detention will be addressed at the time of the final development plan. And again, that's the time they can pull permits, and that would be the appropriate time for the final design to be prepared for that. And then there was also a mention of traffic patterns. Would that also be taken care of? That's not a part of the zone piece of it. We would deal with that at the final development plan? We can if you so wish, and we can research the accident reports for that intersection, certainly at the time of the final. Okay. Okay. Okay. Are you ready for it? Mr. Penn's got a question. Tom, if we wanted to add a tenth condition, how would we word that so that it makes it have to be addressed at the final development plan stage? if we wanted to put into the conditional zone change, we have nine of them now. That's just two. If we wanted to do number 10 that said a barrier or an impediment to stop foot traffic onto another joining property, how should we state that? Tracy, I guess I'll get you to answer that, but I'd like to at least float that. I don't know how to write. we could perhaps, Mr. Penn or Tracy is the best, say to note that that shall be resolved at the time of the final development plan. Anything else, folks? Thank you, Mr. Martin. If there's no other questions, I'll close this part of the hearing, open it up for any discussion from commission members or a motion. Yes, ma'am? Mr. Chair, I'm going to make a motion. Oh, we chimed in twice. So Dr. Phelps, go ahead. Dr. Beatty, go ahead. Either doctor, go ahead. I move that we accept the staff's recommendation to approve ZDP 2013-23 with the nine conditions and adding a number 10 that reads, denote the pedestrian traffic, resolve the pedestrian traffic flow between properties. Tracy, is that okay? Hold on one second, Dr. Beatty. I didn't guide you properly, I don't think. We need a motion on the zone change request, MAR 2013-6 first. which is at the bottom of page 4, AU Associates Incorporated, and it has three recommendations to go with it. Okay. Yeah. Okay. Move for approval for MAR 2013-6 with the staff recommended conditions approval for, I think there are three. One. Yes, ma'am. With the three staff recommendations. Okay. The motion has been made for approval of AU Associates Incorporated, which is MAR 2013-6. Do we have a second? May I then second it. If there's no discussion on the motion, please. Yes, ma'am. I have a question on the motion. Yes, ma'am. Ms. Beatty, did you intend to include a conditional zoning restriction regarding the density of development to hold the developer to the numbers of units that are proposed? Did I intend to include it? Yes, ma'am. Yes. And the numbers of units are? Is it 72? 72 is what the staff had cited earlier. Is that correct? No one's curious to get back. Okay. Yes, 72. Yes, the numbers were 72 units. Ms. Batty, if you don't mind, I'll ask you to repeat your motion. I move that we approve MAR 2013-6 with the recommendations as stated by the staff. I'll second. If you want to make it. of the zone change that they included this. Did they not include that? It's not a finding on the staff recommended. Okay. Dr. Beatty. I understand. Tracy is saying the 72 unit dwellings is not a finding of the staff. Right. Okay. So we are going to include that as a part of the recommendation. Okay. Thank you. Motion? Yes, go ahead. The property shall be limited to 72 dwellings based on there is a need to limit and buffer the subject site from nearby professional office development. Okay. That is a fourth condition. is that correct yes okay motion's been made for approval with four conditions the fourth one limited to 72 units and did i hear appropriate buffering no an appropriate buffering yes between the property and the professional office development okay Motion has been made. Do we have a second? Motion has been made and seconded for approval with now four conditions. There's no further discussion. Please vote when it comes up on the screen. That motion passes. Thank you. Next, we need a motion for the Zoning Development Plan 2013-23, Gardenside Cabana Club. Parkside development revisions are on the blue sheet, and currently there's nine conditions. I also move that we accept ZDP 2013-23, the Gardenside Cabana Club, with the staff's recommended conditions, adding number 10 to read resolve pedestrian traffic patterns as related to adjacent properties. Thank you. Motion has been made for approval with now 10 conditions. Can we add to that last condition at the time of the final development plan? Yes. Yes. Okay. I'll second that. Motion's been made and seconded with 10 conditions. Can I ask a question? Yes, ma'am, you may. And just to be clear, as the developer, anybody can walk down that street, anybody. They don't have to be residents of my development, or anybody can be allowed to walk down what is Maywick Drive Lane or drive down. I would love for all of you to drive there when you go home. It's an open street, and while the city may not own it, it's a private access street, as was described, that's deeded. and I just, anybody can walk down the street. I don't understand what you're requesting. Thank you, Ms. Weedman. We do have a motion on the floor that I'm going to have to address first. Yes, sir. We do have a motion made and seconded by Mr. Wilson. Mr. Cravens, do you have a question in regards to the motion? Yeah, I want to go back to something Mr. Salee said about, I forget just the exact words, but we were going to put on the plat that Mr. Ealy be notified for changes on that property, something like that. I think what I mentioned was I know that had been done in some other instances where there is a notification made to someone maybe who comes to the Planning Commission hearing, and certainly the Commission could make that a condition of this approval. Okay, so I would like to add that to this motion in form of an amendment. Could you say it? Mr. Parliamentarian, what was that? He's capable of doing that if, in fact, you'd like to accept that amendment as a part of the main motion. What you'd have to do then, of course, is you'd have to vote on the amendment, and then you'd go back and vote on the motion. Okay. Okay. Discussion? Sir? Discussion? Discussion, yes, sir? On Mr. Cramon's motion or amendment, is it better to state Mr. Ealy, or is it better to say the adjoining property owners to the west? I would agree. That's fine with me. I think that's a better way to do it. Yeah, I think so, too. Okay. I'm trying to get it started. So first for the amendment, asking for amendment, do you have a motion? Yes, sir. Do I have a motion? Yes, sir. I hereby move to put a note on the plat that when something happens on this property on development plan or rezoning or whatever, that you notify the property owners to the west. Is that right, Frank? Yeah. Okay. Thank you. Could we have the specific addresses from maybe that would make it easier? Why just the west? Before we start messing with this, why don't you do all directions? And I guess what I was thinking, too, isn't there already notification? Not on development plan. There's nothing final development plan. Not on development plan. Well, if we're going to go down this path, and I'm not sure we should, but if we are, I don't think it should be one direction. Okay, well, notify the 500 feet. 500 foot radius just like you do on a zone change. It's your motion, but since Mr. Elyse... I'll take that back. All I wanted to do was notify the property owner that's most affected by it, which was Mr. Elyse. He came down here and spoke about it. And some of these other plots, we've got these notes on them that they, I'm thinking they notify the Metathorpe Homeowner Association when something happens at Townley. Is that right? Yes. So something similar to that is all I'm saying. Okay. So your amendment is to notify Mr. Ely at the time of any development plans. Yes, ma'am. I really think that number 10, the way that it's worded, the intent was not for it to be advantageous or disadvantageous to either property owner. It just simply was to ensure that the pedestrian traffic was reviewed closely and that it was resolved at the time of the final development plan. And so with that worded as is, to me, both property owners or any property owners that would be involved with pedestrian traffic, that would be looked at closely during the final development plan, not to start getting specific about the west side or the east side or this property or that property. The area is very open. We want the connectivity, the walkability. But there are some questions there. And so I think that wording allows us to be sure that we address those questions. Thank you. I'm going to move to the amendment right now of Mr. Craven's, the amendment to the original motion that Mr. Ely be notified at the time of final development plans or amended final development plans. Do we have a second on that motion? Motion has been made and seconded on the amendment. I hate to ask. Any questions? If not, I'll ask you to vote when it comes up on the screen. This is for the amendment. There's already a motion on the floor, so granted, can you follow? Okay. Okay, that's fine. We are dealing with the amendment, though. So I will ask for a show of hands. Those in favor of the amendment to add Mr. Ely at the time of final development plans, please raise your hand in favor. Those opposed? Two opposed, I think. Three opposed. So that motion passes. Now back to the original motion of Dr. Beatty's, which would be for approval of ZDP 2013-23, Gardenside Cabana Club with her 10 noted conditions to note in the traffic impact. I believe you had language for that. Would that now legal be on the 11th condition, notifying Mr. Ely as well, concerning the amendment? Okay. So we have now 11 conditions. Motion was made and seconded. Any discussion on this? If not, yes, ma'am? I just wanted to say I don't think that it's our responsibility to regulate where people walk. We can invite the developer to build sidewalks for internal circulation, but people moving between pieces of property, you know, I think that that's a slippery slope for us to get into. We're here to address this development plan and pedestrian movement, vehicular movement to the site as well as within the site. And what happens off-site, I think, is not our concern. Just wanted to put that forward. Thank you. Any other discussion? If not, I'll ask for you to vote when it comes up on the screen. That motion passes. That motion passes. Thank you, everyone. Thank you for your interest and concerns. I do think this will be a good plan going forward. Next on our agenda is under Commission Items, initiation of zone change for newtown pike extensions housing component uh mr sally will present this some of us saw this during our work session last week Thank you. First is a timeline dated this year for the South End Park housing development, and also a document that looks like one of the ZOMAR plats that are often submitted with your zone changes. This is an item that we brought to your work session last week. We have a request on your agenda on page 5 under Commission Items Today to ask the commission to consider initiation of a zone change to further facilitate the South End Park housing development. This is part of the overall Newtown Pike Extension project, and this is a component that has been before the Planning Commission before, although it's been a number of years. Late last decade, there was a zone change to property that is south of the Versailles Road High Street viaduct, which is here. Downtown is off in this direction. And the railroad line that that viaduct crosses. The south end housing development is generally in this location. This is Pine Street that's been relocated here. There is now a signalized intersection here before one heading away from downtown heads west and over the railroad. In the intervening few years, the Transportation Cabinet has acquired additional property between the sound wall and the housing development, and they would like to develop a small portion of that property. That is one of the two things prompting the zone change request. The other is a proposal to change the zoning from R3 to R1T because of lot size issues associated with moving two duplexes from the south end of the development to the north end of the development. All told, this acreage is just over two acres of property, and if this is initiated by the Planning Commission, the requisite hearing would be at least a couple of months away from today. With that, certainly occupy any more of your time unless you have questions about this request from the staff. Question for Mr. Berkeley. Yeah. Refresh me again about William Dunn, because he's listed as an owner here. Is he a party to this, or is he in condemnation, or what's the status of his track? The one owner that is, our understanding of that is that the Transformation Cabinet has a right to pass the property and that pass over the property and that it is in condemnation, but it has not been finalized. That's one of the reasons that the Commission is being asked to rezone the property. So they've got a right of entry to do that? Yes, thank you. That's the term, right of entry. Any other questions? Thank you, Mr. Salley. If not, I'll close this part of the hearing, open it up for discussion or a motion for the initiation of this zone change. I'll hold the motion to see if we got any discussion, but I'm ready to go with the motion. Okay. Any discussions from anyone? If not, Mr. Penn, go ahead. Mr. Chairman, I would like for the Planning Commission to initiate a zone change for the Newtown Pike Extension housing component as presented to us today by staff. Thank you. Do we have a second? Mr. Berkley, did I hear that? Yes. Okay. Motion made by Mr. Penn and seconded by Mr. Berkley for the initiation of this zone change for Newtown Pike extension. If there's no further discussion on the motion, please vote when it comes up on the screen. Motion passes. Thank you. Thank you. Anything from the commission? Anything else? Anything from the audience? Staff, Mr. King, by chance, did you get any answer or a little bit too premature as to the parking outside? No. Okay. All right, then. Okay. I will warn everybody, the outside parking is gated now. I've been told that if you pull up to it and ask probably nicely to the little speaker that you may get to park there. So, good. Okay. Very good. So, just inform everyone. Which one of the nice words should we use to get in? Well, that's up to you. That is up to you. Anything else, folks? No work session today. If nothing else, I'll entertain a motion for adjournment. So moved. And a second. Motion's been made and seconded. Please say aye, and we'll be done. Thank you.