We've been working so hard, we've been working so hard Come on baby, come on baby, let's dance Come on and dance, come on and dance We may not get another chance We know that the night is falling and the music's calling And we've got to get down to the swing down Thank you. Thank you. Thank you. When we're walking down the street It's the words you whisper When we're drifting off the sleeve A certain way you touch me The way you say hello Baby, it's the little thing that makes me love you so The way you pour your coffee In the early morning light The way you call my name out In the middle of the night I'd shoot for hours Singing with the radio Baby, it's the little things that make me love you so It's not the memory For all that we've been through It's not the distant dream That keeps me coming back to you It's not the promises That keep me warm at night It's just the everyday It's just the same damn sound It's just our home, sweetheart. And when we're old and great now, and the kids have gone away, we're alone together. And it's turned to you and say, there's something I forgot to tell you. And by now I think you'll know. Baby, it's the little things that make me love you so Baby, it's the little things that make me love you so Baby, it's the little things that make me love you so Baby, it's the little thing that make me love you so Baby, it's the little thing that make me love you so Baby, it's the little thing that make me love you so Walking in the park, kissing in the dark Baby, it's a little thing that makes me feel alright now Baby, it's a little thing that makes me love you Baby, it's a little thing that makes me love you so Baby, it's a little thing that makes me love you so This is for all the lonely people Thinking that life has passed them by Don't give up until you Drink from the silver cup And ride that highway in the sky This is for all us in the field Thinking that love has left them dry Don't give up until you Keep on the silver cup You never know until you try Well, I'm on my way Yes, I'm back to stay Well, I'm on my way back home Hit it! This is for all the lonely people Thinking that life has passed them by. Don't give up until you keep on the silver cloth. I'll never take you down or never give you up. I'll never know until you try. If you see your brother standing by the road With a heavy load Sees he so And if you see your sister falling by the way Just stop and say You're on the wrong way You've got to try a little kindness Yes, show a little kindness Just shine your light for everyone to see And if you try a little kindness Then you'll overlook the blindness Narrow-minded people On the narrow-minded streets Don't walk around the down and out Lend a helping hand Instead of doubt And the kindness that you show every day Will help someone along their way You've got to try a little kindness Yes, show a little kindness And there's a sign of light for everyone to see And if you try a little kindness Then you'll overlook the blindness The narrow-minded people The narrow-minded streets You've got to try a little kindness Yes Lord, show a little kindness You just shine your light for everyone you see And if you try a little kindness Then you'll overlook the blindness Narrow-minded people on the narrow-minded streets You fill up my senses like a night in a forest Like the mountains in springtime Like a walk in the rain Like a storm in the desert Like a sleepy blue ocean You fill up my senses Come fill me again Come let me love you Let me give my life to you Let me drown in your laughter Let me die in your arms Let me lay down beside you Let me always be with you Come let me love you Come love me again Let me give my love to you I'll let me love you I'll love you again You fill up my senses like a night in a forest, like the mountains in springtime, like a walk in the rain, like a storm in the desert, like a sleepy blue ocean. You fill up my senses, come fill me again. Here I am Playing with those memories again Thank you. Thank you. Thank you. Thank you. Are there any postponements or withdrawals from today's agenda? Yes, sir. Justin Drury with 2020 Land Surveying. At this time, I'd like to request a two-week postponement for the Pepper Distillery. Page 4. Thank you. Page 4. Page 4, item G. Plan 2013-78-F. Yes. Thank you, sir. Anyone in the audience or commission want to speak to this request for postponement? Seeing none, I'll entertain a motion. Mr. Chairman, I move for a two-week postponement for Plan 2013-78F, and that will be July the 25th. Thank you. Second. Motion's been made and seconded for postponement until July 25th, 2013. of Plan 2013-78F. Please vote when it comes up on the screen. That motion passes. Thank you, sir. Any other requests for postponements or withdrawals? Mr. Chairman? Yes, sir, Mr. Marker. Staff does have one item to bring to your attention. It is on page 9 of your agenda under development plans. Item B, DP2013-57, Jones Subdivision, property located at 1167 Appian Crossing Way. Staff has received a request from the applicant to postpone this plan for one month. Anyone in the audience wish to speak to this request for postponement? Seeing none, I'll entertain a motion. And that would be in August the 8th. Mr. Chairman. Yes, sir. Move postponement of DP 2013-57 until August the 8th. Thank you. Do we have a second? Yes. Motion has been made and seconded to postpone DP 2013-57 until August the 8th, 2013. Please vote when it comes up on the screen. That motion passes. Any other requests for postponements or withdrawals? Seeing none, I'll move on and ask Mr. Salee to walk us through the consent agenda, which is kind of lengthy today. Thank you, Mr. Chairman. The staff is pleased that your consent agenda is very lengthy today and that there are so few people in the audience. Those are both two very good trends. We have provided you a corrected consent agenda that is on a white legal sheet. there is one item recommended for re-approval on that. That is the change. Most of your subdivision plats appear on the consent agenda, including most of the very first items on your agenda. Beginning on the first page, item A, Plan 2013-63F, a final record plat for Peggy B. Queen property, located at 700 East Main Street. The next item on your meeting agenda is also on the consent agenda, Page 2, Item B, Plan 2013-64F, an amended final record plat for Lakeview Estates, Units 2B and 2E. This plan does require the Commission to make a finding in order to approve this plan, and the staff has provided the necessary finding on the green sheet in your packet. The next item on your agenda, Page 2, Item C, is also on the consent agenda, Plan 2013-65F, Plat for Magna Entertainment, for property located at 1620 Jaggy Fox Way. A number of plans for the guest property appear on your meeting agenda, beginning with page 2, item D, page 2, item E, page 3, item F, page 3, item G, and page 3, item H. These are all on your consent agenda. They are Plan 2013-66F, the guest property unit 6J, Plan 2013-67F, guest property unit 6K, Plan 2013-68F, guest property unit 11F, Plan 2013-69F, guest property unit 11G, and Plan 2013-70F, Guest Property Unit 11H. These plats all involve portions of 4618 Willman Way, and they all do appear on your consent agenda. On page 3, item I of your meeting agenda, Plan 2013-71F, an amended final plat for NDC Property Unit 1, Lot 4B. This property is located at 437 Lewis Hargett Circle. There is one additional plat recommended for approval by your subdivision committee. That appears on page 5, item M of your meeting agenda. Plan 2013-10F, an amended final plat for Higbee Mill Reserve, lot 3H, involving property at 4113 Reserve Road. The correction to your consent agenda involves the next item, which appears on page 4, item L of your meeting agenda, Plan 2012-31F, Angliana Avenue, Trinitas Housing Project, and amended final plat for property located at 497 Angliana Avenue. This plan is recommended for reapproval by your subdivision committee. There are two additional items appearing on your consent agenda. The first appears on page 8, item R, of your meeting agenda. This plan is recommended for approval of a one-year extension by your staff. It is for Plan 2012-72F Highwood Center, also known as Lexmark International Incorporated, involving property at 740 West New Circle Road. And the final item appears on page 10, item A, of your meeting agenda. It involves a plat revocation recommended for approval by your subdivision committee. This is Plan 90-150C, a consolidation minor subdivision plat for the Goodrich property located at 6080 Winchester Road. Mr. Chairman, at this time the Commission can consider approving these plans as recommended by your subdivision committee and the one planned by the staff, unless a member of the Commission, a member of the audience, or an applicant would wish to withdraw one of these plans from the consent agenda to allow for further discussion later in your meeting. Thank you. Thank you, Mr. Salley. Anyone in the audience wish to hear any one of these plans that's on the consent agenda? Any Commission member? If not, I'll entertain a motion for the consent agenda. Mr. Chairman. Yes, sir. I move approval of the 13 items on our consent agenda as presented by staff. Thank you. Do we have a second? Second. Motion's been made and seconded for approval of the consent agenda as read. Please vote when it comes up on the screen. All right. Do we need to note that green sheet? You can. It has been noted, but yes, you can. Mr. Penn, there is also one I failed to mention on a blue sheet involving the Higbee Mill Reserve plat. I certainly apologize for that omission. Okay, then I'd like the motion to include the Higbee Mill Reservation on the blue sheet and the Lakeview Estates access easement on the green sheet. Thank you. Is that okay with the second? Yes. Okay. Motion has been made and seconded for approval of the consent agenda as read. Please vote when it comes up. That motion passes. Thank you. So, taking items in order of the agenda, I believe our first one is a guest property, which is on page 4. Item K is Plan 2007-241F. This is for a reapproval. if you will note that there are two revised conditions listed on your agenda as well. Yes, ma'am. Okay, good afternoon. You spoke that this property is for the guest property located off of Wilma Way for Unit 6C. This is the guest property located off of Sperling. We have a large green area. What we're looking for is Unit 6C. A portion of this has been recorded, which left out two lots. We're off of Maiden Cane and Star Rush Place. These lights that are crosshatched have already been recorded, So now we're coming back to ask for re-approval for the lot and for the right-of-way. We had ten conditions at the subdivision committee, and during that meeting we had revised a couple of the conditions. We agreed that the United States Postal Service can be removed, and the condition for building inspection needed to be corrected to remove the street tree information from them and to add it to the urban forester. So we added another condition for urban forester. So we still are at ten conditions. This is just a re-approval to record the last lot. If there's any other questions. Any questions for Cheryl? No. Thank you. Applicant, you're good? Okay. Anyone else in the audience wish to speak on this plan? Seeing none, I'll ask for a motion. Move for re-approval of Plan 2007-241F guest property with the revised conditions outlined by staff. Second. Motion's been made and seconded for re-approval of Plan 2007-241F. Please vote when it comes up on the screen. Thank you. That motion passes. Next, I believe, would be on page 5. It's plan 2006-240F, New Market, Phase 1, Unit 1E. This is a re-approval of Section 2. Mr. Chairman, members of the Commission, this is Plan 2006-240F, a record plan for New Market Phase 1, Unit 1E, for property located at 1201 Deerhaven Lane. The Planning Commission had originally approved this plan on November 9, 2006, and re-approved it in 2007 and again in 2009. Subject to the usual conditions, the urban county engineer, traffic engineer, building inspection, approval of street addressing, urban foresters, and labeling of the tree protection area. The Commission re-approved this plan on October 13, 2011, revising conditions 3 and 5. The applicant has brought in this for re-approval of Section 2. These two lots represent Section 1. They have been recorded. These two are Section 2, for which the applicant makes his approval request today, re-approval request today. Are there any questions on this? Any comments? Any questions? No? Thank you, sir. Applicant, I'll let you stand up. I know. I appreciate the thumbs up. Maybe getting a verbal commitment might be better. More official. Rory Kaley with EA Partners. We're in agreement with the revised conditions and request approval. Thank you, sir. Anyone else in the audience wish to speak on this plan? Any questions from the Commission? Mr. Chairman. If not, yes, sir. Move approval of Plan 2006-240F, New Market, re-approval. Thank you. Do we have a second? Second. Motion's been made and seconded for the re-approval of Section 2 of Plan 2006-240F. please vote when it comes up on the screen. That motion passes. Thank you. Next would be Meadow Oaks at the bottom of page 5 and on page 6 and also on page 7. We have three that are together. adjoining and I believe they'll be presented together but we will need separate motions on these. These would be one-year extensions. No, I'm sorry, they are re-approvals. Thank you. Mr. Chairman, members of the Commission, the three record plots that we have before you today start on page 5 of your agenda. Meadow Oaks Unit 1A, continuing over to page 6 and 7, Meadow Oaks Unit 1B and 1C. These are plans 2008-138F, Meadow Oaks. Plan 2008-139F, Meadow Oaks Unit 1B. Plan 2008-140F, Meadow Oaks Unit 1C. This is the picture of the Meadow Oaks development. These are the units, the plats in question. Highlighted again, you can see this part's been recorded. The other sections have yet to be recorded. This is the Blackford property here with Manowar Boulevard. Greenbrier, golf course, country club, back over in this section. You may recall we had recent plans for the Blackford property in this area. This is a connection off of Feliciana that runs back into this area. You can see they have a green space platted, sort of a central courtyard for these lots. They are in for reapproval. This is Unit 1A. You can see, again, Feliciano. The street comes back this way. These lots are here. That's that section in this location. Unit 1B, you can see, again, the large HOA green space, the loop street. The houses, again, this is this section. And then C is the greenway, green space area in this location here. Now, we do have a, what's the word I want? Exhibit. Thank you. Draw a blank on it. To demonstrate to you, you want to make sure that you understand that you can see this section there in the dotted lines will be cut out of this greenway plat. So what you see here is not going to be its final configuration. In addition, that is a consolidation minor easement plat that you see as the exhibit. And in this area with these lots, there's been an adjustment by that plat to the greenway. That's been recorded. That's done. So what you see today is not going to be its final configuration. However, it is necessary for it to be re-approved so they can move forward with recording lots and eventually recording this plat. There was also, in conjunction with these plats, a waiver that's been handed out to you. The waiver was to allow the bonding of the sidewalks along the private street. Once upon a time, you couldn't do that. But when this came through and was approved, the regs had been changed and they were allowed to bond the sidewalks. That had to do with wanting to avoid damage due to extensive construction traffic and that sort of thing when they built the houses. There was a condition tied to that concerning the concrete aprons as well because it was the wish of the developer to build the sidewalks and have those concrete aprons constructed at the same time, poured at the same time as the sidewalks for the individual houses. That waiver was granted, of course, by this body. Now they're back before you for reapproval, again, subject to those original conditions on the Platts and the waiver as well. If you have any questions for me, I'd be happy to try to answer them. Mr. Penn? So, Tom, I see on all three of these that the collection of financial surety, I've read that's on all three of these. The collection of financial surety to do the sidewalks. Oh, yes, sir. So that will be done before the occupancy permit is approved? That will be done when they file the actual record plat. There will be a surety that will be filed with the city. So that will come at the time of the final record plat? Yes, sir. Yes, sir. Before they can be certified, there will be a surety. The city will have a surety for those sidewalks. And as the applicant's representative just say, we already do. Okay. Yes. Any other questions? No? Thank you. Thank you. Applicant, Mr. Cayley. Rory Kay with EA Partners. we're in agreement with the conditions for the three plats request approval the surety was turned in when we recorded section ones which let the first streets go to record what we have left is dedicating lots and just a little bit of street in the back of 1b we haven't built that yet any questions for mr. Kaley thank you mr. Kaley anyone else in the audience wish to speak to this these plans, any one of them? Any other questions? If not, I'll close this part of the hearing. And ask for a motion. Motions one at a time, starting with 2006-240F and we need to note the waiver. Ms. Beatty? Dr. Beatty? I'm sorry, I have a question probably for staff. Is this a re-approval with new changes or re-approval of an existing... I'm sorry, Ms. Bay, could you please? Is this a re-approval with new changes that you just cited the change for, or that Rory just... There's no changes on these, no ma'am. We just wanted to explain to you that the ultimate configuration of the Greenway Platte is somewhat different than what you see before you today. Okay. So it is a re-approval. We've already approved it just the way you went over it, and we are re-approving that. Yes, ma'am. Okay. All right. Mr. Finn. Tom. What is the difference? They were granted a one-year extension on June the 9th, 2011. How long is this re-approval for? One year. Platts have a life of one year when they're approved. So that's one and the same. Reapproval and a one-year extension is the same thing? Yes, sir. Mr. Penn, the difference being if the plat could still be recorded as the day of your action, that's called an extension of your approval. A reapproval is a plan that has expired, and so it cannot be recorded until action of the Commission is made. But these don't expire until... They expired last month. What's that September 29, 13 on there? 9, 23, 13. That is the date by which the Commission has to consider this request. Thank you. Other questions? Yes, sir. Move for, oh, I'm sorry. Mr. Chairman, we've got some computer issues here. I pulled mine down. Yours is down, but it'll take a few minutes for it to come back up. Okay. It came up with a signature saying, do you wish to restart or restart your computer? I pushed it, yes, and mine went down, but it took about a minute or two before it came back. It'll come back. So, yeah, we can go with it. Hand vote, voice vote until it does come up. Our first motion would be in regards to Plan 2006-240F, New Market, Phase 1, Unit 1E. This is, oh, we didn't? No, we haven't. This is Meadow Oaks. Huh? We're on Meadow Oaks. Meadow Oaks. Oh, I'm sorry. I'm sorry. Yes, we have. We did do that. Move on down. On the Plan 2008-138 Elf Meadow Oaks, Unit 1A, Ashford Oaks, this would be for a re-approval of Section 4. We do need to note the waiver as well. So moved. Do we have a second? Second. Motion has been made and seconded for re-approval. She's up, so we can vote on the screen. Please vote when it comes up. Motion passes. Thank you. The next one would be on page 6. Similar, Plan 2008-139F, Meadow Oaks, Unit 1B, re-approval of Section 4, noting the waiver. So moved. Do we have a second? Second. Motion has been made and a second for re-approval. Please vote when it comes up on the screen. I'm sorry, Mr. Chairman, we did not get the motion on that. Aye. Ms. Mundy? Thank you. Ms. Mundy, yes. That motion passes. And then for the last one, Plan 2008-140F Meadow Oaks Unit 1C, re-approval with the 14 conditions. Noting the waiver. So moved. Do we have a second? Second. Motion has been made in second before re-approval. Please vote when it comes up on the screen. That motion also passes. Thank you. Next would be, let's see here, page 8, Plan 2012-59L, Marshall Property, Unit 2K. This would be for a one-year extension. And we do have a waiver on it as well on a white sheet that should be before you. Mr. Chairman, members of the Commission, as you have stated, this is on page 8 of your agenda. Item S, Plan 2012-59F Marshall Property, Unit 2K. This is a request for an extension for this area of the Marshall property that is along McConnell's Trace, which loops around through here. Here's our greenway with our multi-use trail. This is the townhouse development, you all may recall, that utilized access easements for the frontages of a lot of the units in the area and had a large head orientation to the greenway, which was of considerable discussion when the overall plan was approved. They are requesting an extension to re-approval or extension of the approval of these lots, these townhouse lots in this area. highlighted here for you. These are the access easements. The easements are the subject of your waiver request. You may recall that discussion as well. Those of you that were on the planning commission at the time, this was a waiver to request timing of construction of the final pavement. These access easements provide frontage for these lots. They didn't want to tear them up and destroy them through the construction process once again of building the townhouses, putting in utilities and things like that. So this body granted them a waiver on the timing of the final course of asphalt for those access easements. It is back before you today, subject to the same conditions that you can see as your previous approval on this plan, including the waiver. And, Mr. Penn, this is a good example of the question you just asked on the other plans. What's the difference when a re-approval and an extension? This plan expires tomorrow, so they needed to get it in for your approval of an extension today. If you have any questions for me, I'll be happy to answer them. Any questions? Appland? Lori Cayley with EA Partners. We're in agreement with the conditions. Request approval. Thank you, sir. Any questions for Mr. Cayley? Thank you, sir. Anyone in the audience wish to speak on this plan? Seeing none, I'll close this part of the hearing and open it up for a motion and or discussion from the Commission members. This, once again, would be an extension with including the waiver. I move for approval of Plan 2012-59F, Marshall Properties, Unit 2K, including the findings for petition of waiver. Thank you. Motion has been made and seconded for approval of Plan 2012-59F. Please vote when it comes up on the screen. That motion passes. Thank you. Have a good afternoon. Next, moving right along, I believe we're on page 9 under development plans at ZDP 2012-76 Deerfield Shopping Center. You do have a revision of the ZDP that's on a tan colored sheet before you. Mr. Martin, Mr. Chairman, members of the Planning Commission, on page 9, under development plans, Item A is ZDP 2012-76 Deerfield Shopping Center. This is, of course, the zoning development plan that was associated with the zone change on this property. It's been some time in coming back to you for your review and approval. Sorry. Here we have Nicholasville Road, Southland Drive, the intersection, the Shell Station, various businesses in this area. We have the Denny's Restaurant, and of course here is the proposed hotel site for the zone change. Collins Bowling Lanes, good old Southland Bowling Lanes right there. This is Collins Lane, an access easement. There's an access easement here as well that provides access into this area. The motel that you see before you has been reduced from the original five-story proposal to four stories. They've reduced the height by 12 feet. They have 88 rooms proposed. That's 17 fewer rooms than originally proposed. The parking has not changed. The square footage has increased just a little less than 5,000 additional square feet, and that allowed them to recoup some of the rooms that they were losing from the loss of the fifth floor. They've increased their lot coverage slightly as well from 19% to 21%. Now, this is a 2.5-acre site. They've moved it, extended it, you might say, in this area closer to this access easement, And they did extend it by about five feet north. Now they still meet and slightly exceed the three to one height ratio that's required in the zone. But they did move it slightly and extend it this way towards the neighborhood. As you all are aware, that was the source of the discussion for the height, particularly on this plan. You can see here underground detention proposed and here. You may recall that discussion as well, where the applicant discussed that they were going to provide additional detention to address stormwater problems that exist in the area. Goodrich, which sits up here, has a long history of stormwater problems and flooding. In this area, you can see the property line along Nicholasville Road, and you can see an encroachment into Nicholasville Road right-of-way. That is a condition of approval on your agenda today that should be resolved at the time of the final development plan. These encroachments aren't necessarily uncommon along a lot of our arterials. Central Baptist Hospital, as an example, has a slight encroachment into the right-of-way. That will have to be resolved again at the time of the final development plan, along with some discussions about additional screening, landscaping trees, that sort of thing that we would like to discuss at the time of the final development plan. Again, this is a preliminary development plan. You will see a final development plan on this property. I would not anticipate any great changes to the layout in what you see here, particularly with the location and size of the building, as well as the parking that you can see here. There are 158 parking spaces proposed as well. That's just a little over the requirement. The total square footage is 67,500 square feet in all the floors of the proposed hotel. The conditions have been handed out to you. They were revised by your staff. This is a submission that was given to staff this week. However, they had previously addressed many of the cleanup conditions and previous issues. You can see that there's just some basic things, including denote proposed and existing stormwater sewer locations to the Division of Water Quality, as well as denote the proposed stormwater detention and water quality location to the approval of the Division of Water Quality. And as I stated before, in Condition 9, we'd like to denote that tree protection, landscaping, and buffering perpendicular to Nicholas Hill Road will be considered at the time of the final development plan. And the right-of-way encroachment is Condition 10, denote the disposition of existing improvements in Nicholas Hill Road right-of-way. Again, will be considered at the time of the final development plan. And then last is to denote the date of the official letter of map revision that has revised the FEMA floodplain on this property. You again may recall that this virtually entire property was in the FEMA floodplain at one time. Much of Southland in this area was in the FEMA floodplain. They have an officially adopted letter of map revision that has removed this property And, in fact, the Bowling Alley property further down the watershed has been removed by that same letter of map revision. So there's been a considerable change to the regulatory floodplain in this area of Southland Drive. We want that noted on the plan. And with that, I'll be happy to answer any questions you may have for me. Questions for Mr. Martin? Yes, ma'am. Yes, ma'am. Mr. Martin, the council rezoned this property, correct? Yes, ma'am, they did. Do we still need condition number one then? Well, actually, no. They have done it. That's just standard with us on these CDPs, as you know. Thank you. Any other questions? Tom, if you would, in regards to, which one is it, number nine, tree protection landscape and buffering perpendicular to Nicholsville Road, just show what we're talking about. Yes, sir. It's basically this area along Nicholsville Road in the frontage, and staff is concerned with the redevelopment of this magnitude that we be sensitive to the Nicholsville Road corridor and the context and the fact that you have a lot of residential quality development in the area, you have some nice landscaping and that sort of thing, and we think it's worthy of discussing the level that would be appropriate in their presentation on Nicholasville Road because otherwise, quite frankly, this is a pretty typical layout. You've got a building in the back and you've got a lot of parking up towards the arterial. It's screened, obviously, here from Southland Drive. I believe that they will tell you about a landscaping plan that they've developed. The applicant can elaborate on that. But, again, that's just something we think at the final development plan is worthy of talking about, whether or not we'd like to enhance the screening and presentation of this development to Nicholasville Road. Their landscape plan may show it. I know there's a lot of discussion coming from neighbors and so forth as far as buffering and landscaping there. any attention you you can see the area here mr chairman along with trees and along with article 18 i believe they did commit to the council in the zone change screening they had been working with the neighborhood they met with them as late as monday this week to talk to the neighborhood about this plan and the neighborhood was aware that this plan was going to be before you today Okay. Thank you. Mr. Penn? Tom, that's still Denny's on the corner there? Pardon? That's still the Denny's restaurant on the corner? Yes, sir. Yes, sir. Apparently, and they can elaborate on this, it's still under lease. But don't they own that? I mean, isn't that lease property, so they're going to do screening in front of Denny's? We hadn't really discussed the screening in front of Denny's, but would certainly welcome additional... What is shown on the preliminary development plan? Yes, sir. It is. It's part of the preliminary plan and will be part of your final development plan. Yes, sir. I'll ask Mr. Simpson about that. Any other questions? If not, applicant? Thank you. Good afternoon. Good afternoon, Mr. Chairman. Members of the Commission, we are returning in connection with this property. If you remember the zone change hearing several months ago, and as Ms. Blanton pointed out, the council did rezone the property. In connection with that rezoning, just by way of a brief review, Lee and Phil Greer, Phil is here today of course, reduced the height of the building from the five-story proposal that was before you all to four stories. and in addition to that commitment, also committed as part of the conditional zoning language that this property is subject to as a matter of law, is that the applicant is reducing the stormwater runoff by 50% over what they otherwise would be required to do. That's in the language of the ordinance, something that 200-some-odd percent more than what any person would be required to do under the previously existing B-1 zoning. We have, as Tom mentioned, reducing the height of the building, taking a floor off, lost 25 rooms. This proposal now has 108 rooms, so there were 17 that were actually lost. And as part of the effort to try to recapture some of those lost rooms, the building was moved five feet closer to the lot lines on Goodrich, but still in conformance with the 3 to 1 setback ratio set forth in the zoning ordinance. The building is also approximately 7 feet wider than it was previously. It was 47 feet when it came before this body. It's now 54 feet on the side facing Goodrich and also on Collins Lane there. But everything else is virtually the same. In addition, as part of the conditional zoning requirements, the applicant proposed extraordinary screening provisions along the houses on Goodrich, starting behind Denny's Restaurant all the way down to this portion of their property, and then also down Collins Lane, which screens the car wash, and also from the houses over this way. So we've taken care of a screening buffer here, which consists of an 8-foot fence with brick columns interposed, and on the other side of the fence are 12-foot pine trees planted 10 feet apart all along the border here. We have met with the neighbors on Monday to update them, as Tom said, about being here today and that this was a preliminary plan and that if it were to be approved, in all probability, we would be back before the Planning Commission for a final development plan from which the applicant can proceed with actual tendering construction plans and going through the actual getting the building started. And I pledged to work with them as we have immediately after the hearing before the Council. They were interested in having a committee work with us during the course of construction and certainly we were willing to do that. In fact, Lee Greer contacted several of the folks immediately after the council hearing and suggested that very idea of having a committee with the neighborhood to work with us and be informed along the way with regard to our proposal. The stormwater features, in addition to reducing it by half, does have stormwater quality features over and above the minimum. We've met with Ken Cook, and one of the features we have agreed to institute or bio swales in the interior portion of our parking lot to help deal with water quality in addition to what we were proposing. And finally, to deal with Mr. Penn's question, there is a committed landscaping plan that was tendered, which we can get into more detail at the final development plan for the entire site, including the entrance. This is a $14 million project. We also committed as part of the zoning change, which is somewhat unusual. I've done it twice in a couple of cases. We don't have any architectural guidelines governing what properties will look like. And the council apparently several years ago became frustrated with applicants coming before the council and showing wonderful buildings and designs. And then when the actual construction started and the project was complete, it didn't look anything at all like what was represented to them. So they adopted a bylaw which says that an applicant for zone change at the council level, So unlike the planning commission level, which you all can see these renderings, the council will not even let you show the renderings, which I question whether that's legal in the processing of a zone change, but nevertheless, that's what the policy is right now, which I really think needs to be changed, and I've written the mayor a letter suggesting that since he's certainly more interested in design than most of his predecessors. But in this case, we committed as part of the rezoning, as a part of the law governing this property for this hotel, is that the applicant would build his hotel in substantial conformity with this rendering. Now, it will be one story smaller, but it will look substantially like you see on the screen. So that was a commitment that's enforceable under the law with regards to design. We have commitments enforceable under the law regarding extraordinary stormwater protection, which is certainly a benefit for this entire area. Commitment to the extraordinary screening that I've mentioned alongside of Goodrich and behind the hotel screening of the car wash in addition to the landscaping plan. All those things are committed as part of our zone change for which the government has the authority to enforce. So we believe we have, to the extent we have put our commitment in writing, and pursuant to the enforcement powers of this government, we've done so. And we have pledged to work with the neighborhood. We have always tried to work with them. And not everybody has agreed, of course, with our proposal. And they may not still agree with the proposal, and you may hear some continuing objections. But we think on balance, in light of the zoning, in light of our commitments, the landscaping, the architectural renderings, the screening and the buffering, and those kinds of things, that we have come up with a satisfactory solution, particularly for the people that live closest to the property who have never been opposed to this zone change. And we are working with them on letting them select the kind of fence to be installed along their backyards, which will probably result in them getting a little bit more property because we're going to put the fence on our property and to remove any existing fence that they don't want standing. So in sum, I know this is a preliminary plan. It probably won't change that much to the final. That's why I'm giving you a kind of introduction and review of where we have been and how we got to where we are today. We appreciate the staff's recommendation for approval, and we would ask that you do so. I'll be happy to respond to any questions. Thank you, Mr. Simpson. frank pin yeah mr simpson the denny's property i assume is owned by mr greer yes leads to denny's yes so that's actually still part of that plan it's just least piece of property yes okay thank you any other questions no thank you mr simpson anyone else in the audience wish to speak to this plan Seeing none, if there's no further questions, I'll close this part of the hearing and open it up for discussion among the Commission members and or a motion. Mr. Chairman, if you're ready, I'll make a motion. Yes, sir. Okay. Yes, sir. First of all, let me say as a preface to the motion that I commend the developers for making some, I think, some rather significant changes to try to accommodate the community, and I'm also glad to hear that the community will still work with you in the process. With that said, I would like to move approval of ZDP 2012-7060, if you're a shopping center, the revised development plan. Second. Motion has been made and seconded for approval of ZDP 2012-76 with revised 11 conditions. If there's no further discussion on motion, please vote when it comes up on the screen. That motion passes. Thank you, folks. Our next item on the agenda is performance on page 10, performance bonds and letter of credit. There's a memorandum before you. Mr. Chairman. Yes, sir. Move approval of the bonds and letter of credit. Second. Thank you. Motion's been made and seconded for the approval of the release and call of bonds. Memorandum dated July 11, 2013. Please vote on the screen. That motion passes as well. I believe our next item is a public facility review 2013-3 Fayette County Public Schools. Ms. Rackers, good afternoon. This is a public facility review for Henry Clay High School, and it is not on the scale of what we usually hear. They are asking to build a soccer storage building on their property. Bill, if you could put the first one up, please. The property is located at 2100 Fontaine Road. We've got Fontaine right through there, and this is Lakeshore Drive. All of this is residential properties, and then this is Kentucky American Water Property. The property contains about 38 acres, and it's got multiple sports fields. And if you could put the next one up, please. This right here is the soccer field. what they're asking to do is to build a 12 by 18 or 216 square foot storage building for their soccer facility. It'll be on a concrete pad, and it'll be used by Henry Clay's soccer team, and it'll be at the end of the soccer field. And if you could put the next one up, please. It's a little bit closer. It is going to be located right there at that end of the field. The building will only be actively used during soccer season, which is pretty much the middle of July to the end of October or the beginning of November. There are several 2007 comp plan goals and objectives that apply to this, and those are all listed on pages 2 to 3 of your staff report, and that's basically because this is a Fayette County public school facility. And then because the 2012 goals and objectives were streamlined for more general applicability, there's only one objective that applies to this, and that would be Objective D of Theme F, Goal 1, which states collaborate with other agencies in Lexington, Fayette County, to meet local standards in order to achieve compatible developments and accomplish the community's vision as articulated in Destination 2040. In the text of the comp plan, it states, as you know, that Fayette County Public Schools wants to be a world-class school system by the year 2020. And to that end, they've had several complete renovations of their facilities, of the existing facilities, and they have also constructed new buildings, new school buildings. And there are plans for several more, so we'll be hearing more of those in the future. And this is obviously not on the scale of typical improvements, and it's even much less significant, I think, than the permanent van towers that they put up. But nonetheless, KRS-100 requires a public facility review for any change to a public property, a public school property, or any property that's used for public facilities. Because their sports program is as much as part of the school's function as their music program or any other activities that are part of the school, this helps to support the goal of becoming a world-class school system and becoming a state-of-the-art facility, and it is on a much smaller scale, obviously, that it is part of the program. They are exempt from zoning requirements, but they're not exempt from health, safety, and welfare requirements. so that we recommend construction be reviewed by building inspection of the storage building, the same as any other structure for human occupancy, whether it be private or public. And we recommend that you find this in compliance with the comprehensive plan. It is supported by the text and the goals and objectives of the plan. And Mr. Hoke from Henry Clay High School is here to answer any questions you might have about the facility. If you have any questions about the staff report, I'll be glad to try to answer them. Thank you. Any questions for Ms. Ragersh? I'm sorry, what's the gentleman's name? Mr. Hoke, H-O-C-H. H-O-C-H. Mr. Hoke, thank you for coming. Any additions or clarifications needed? No? Thank you, sir. Any further questions? If not, we need a motion for that this is in compliance with the comprehensive plan for the reasons stated and the recommendations. Move for approval of PFR 2013-3, accepting the staff report on Fayette County Public Schools for Henry Clay High School's soccer storage building. And also the findings that were cited that this plan meets the comprehensive plan goals and objectives. Thank you. And the second? Yes. Ms. Plumlee. The motion has been made and seconded for approval of this PFR 2013-3. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you for coming down this afternoon. Next on the agenda, our yearly election of officers. At this time, I'd ask Mr. Frank Penn from the nominating committee to make his report. Mr. Chairman, the nominating committee has met with much discussion, and with fill in the blanks with Secretary, I'd like to report out our recommendations. For Chairperson, it would be Mike Owens, Vice Chairperson Mike Cravens, Secretary Carla Blanton, Parliamentarian Mr. William Wilson. Thank you, Mr. Penn. At this time, I would open the floor up for any nominations from the floor and or discussions in regards to this recommendation. Mr. Chairman, I move that we accept this slate or accept these nominations. Thank you. First, let me keep it in order. I'd ask for a motion to close the nomination. from the floor. And a second? Second. And please vote by show of hands. Motion passes. Now for a motion for the election of the slate of officers recommended by the nominating committee. Mr. Chairman, I move we elect the slate of officers recommended by the nominating committee. Thank you. Motion's been made and seconded. Any discussion? I would ask for a show of hands. All those in favor, please raise your hand. Any opposed? The motion passes as well. So thank you all. And we'll see if Mike Cravens can continue to keep me in line. Next would be, and I'm sure Carla Blanton won't mind this, Delegation of Secretary of Duties. As you can see, the Commission has passed procedures for carrying out the Secretary's duties, except for signing amendments, has been delegated to delegate the authority to the Director of Division of Planning and his staff. So at this time, I'll ask for a motion for that. So moved. That's a self-turned motion. That's a self-turned motion. Yeah. Motion's been made. I wonder why. Motion's been made and seconded for approval. I'll ask for a show. Well, it's up on the screen, so please vote when it comes up on the screen. That motion passes. Thank you. Any staff items? Any audience items? It's getting thin out there. Any other commission items? If not, our next work session, July 18th, 1.30 here. So if there's nothing else, I'll entertain a motion for adjournment. Seconded? Seconded. And all those in favor, please say aye. Aye. Thank you. We'll be right back. Good husband. I'll make a good wife. Easy now. I'm not talking about locking down forever, baby. That would be too demanding. I'm just talking about to lonely people who might reach a little understanding. I'm not talking about knocking out heaven. Whether we're wrong or we're right. See ya. Severe weather can develop quickly. Advances in forecasting allow the NOAA National Weather Service to predict severe weather before there's even a cloud in the sky. Severe thunderstorm and tornado watches give you advance notice that conditions are favorable for dangerous weather. When your area is in a watch, be sure to stay alert for changing weather. Remember, a watch is not a warning. A warning is only issued when severe weather is about to strike. The NOAA Storm Prediction Center in Norman, Oklahoma monitors weather conditions across the United States. They issue daily forecasts showing areas of the country that are likely to experience severe weather.