# Planning Commission Zoning Public Hearing - September 26, 2013 > Auto-transcribed civic record · September 26, 2013 - **Permalink**: https://meetings.lexingtonky.news/meeting/3125 - **Source video**: https://lfucg.granicus.com/player/clip/3125?view_id=14&redirect=true - **Date**: 2013-09-26 - **Last revised**: July 15, 2026 - **Length**: 5,609 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission met on September 26, 2013, at 1:30 p.m. in the Council Chamber, 2nd Floor LFUCG Government Center, located at 200 East Main Street in Lexington, Kentucky. Mike Owens presided over the meeting. The Commission addressed five agenda items during the session. One item was postponed, while the remaining four items were approved. These included approval of the Final Subdivision Plan for Willow Glen, Unit 4 (PLAN 2013-99F), approval of a Zoning Map Amendment and Development Plan (MAR 2013-14 & ZDP 2013-57), approval of another Zoning Map Amendment and Development Plan (MAR 2013-15 & ZDP 2013-75), and approval of scheduling a Public Hearing on the 2013 Comprehensive Plan. The Commission took a total of seven votes during the meeting and heard four public comments. ## Attendance **Present:** - Will Berkley - Carla Blanton - Patrick Brewer - Mike Cravens - David Drake - Karen Mundy - Mike Owens - Frank Penn - Carolyn Plumlee - William Wilson **Absent:** - Eunice Beatty **Late:** None recorded ## Votes and Decisions **DP 2013-80: Postponement of Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) Development Plan** [timestamp: 0:16:33] Motion by Frank Penn, seconded by Mike Cravens. The motion to postpone passed by voice vote with 10 votes in favor and 1 abstention. **PLAN 2013-99F: Approval of Willow Glen, Unit 4 (AMD) Final Subdivision Plan** [timestamp: 0:23:26] Motion by Carla Blanton, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. Approval is conditioned on Urban County Engineer's acceptance of drainage, storm and sanitary sewers; Urban County Traffic Engineer's approval of street cross-sections and access; Building Inspection's approval of landscaping; Addressing Office's approval of street names and addresses; Urban Forester's approval of tree protection areas and street tree information; addition of utility and street light easements; Division of Water Quality's approval under the Capacity Assurance Program prior to plan certification; and addition of existing 5' wall and maintenance easement or revision of amendment note. **MAR 2013-14: Approval of Harrods Club, LLC Zone Map Amendment** [timestamp: 0:39:23] Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. This zone map amendment modifies conditional zoning restrictions in the R-4 zone and is subject to 23 conditions, including approvals from multiple Urban County departments, reduction of units to 17, and a requirement that the Urban County Council rezone the property or the Commission action becomes null and void. **ZDP 2013-57: Approval of Jones Subdivision Zoning Development Plan** [timestamp: 0:40:28] Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor, subject to 24 conditions. **MAR 2013-15: Approval of C & R Asphalt Land Acquisition Co., LLC Zone Map Amendment** [timestamp: 0:51:29] Motion by Will Berkley, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor. This amendment rezones property from I-1 to B-3 zone, subject to 12 conditions including a requirement that no restaurants be permitted at the location due to parking constraints. **ZDP 2013-75: Approval of Miller-Bird Commercial Park, Unit 1-B, Block C Zoning Development Plan** [timestamp: 0:52:01] Motion by Frank Penn, seconded by Patrick Brewer. The motion passed unanimously by voice vote with 10 votes in favor, subject to 12 conditions. **Meeting Schedule Amendment** [timestamp: 0:55:18] Motion by Karen Mundy, seconded by Patrick Brewer. The motion to amend the meeting and filing schedule to include a public hearing on the 2013 Comprehensive Plan passed unanimously by voice vote with 10 votes in favor. ## Public Comment Four speakers provided public comment during the meeting: **Mark Madison** [0:16:33] – Representative from Milestone Design Group requested a two-week postponement of DP 2013-80 regarding the Ellerslie Place development plan. Madison cited staff recommendations and stated that additional time was needed to work with staff to resolve concerns with the proposal. **Al Gross** [0:22:44] – Representative from EA Partners spoke in support of the Willow Glen, Unit 4 plat approval. Gross confirmed agreement with staff recommendations and the proposed conditions for the project, and emphasized that the property is intended to remain a single-family home unless a new plan is approved by the appropriate authority. **Rob Sims** [0:38:52] – Petitioner for the Jones Subdivision (ZDP 2013-57) confirmed full agreement with the revised conditions for the project. Sims stated he had no additional comments or concerns regarding the proposal. **Mr. Simpson** [0:50:53] – Representative from Miller-Bird Commercial Park confirmed agreement with all conditions for the project. Simpson noted that condition 14 had been removed due to a recorded reciprocal parking deed. ## Postponements and Withdrawals The Commission considered a request to postpone Development Permit 2013-80 (Ellerslie Place) [timestamp: 00:16:33]. **Request and Rationale** The petitioner requested a two-week postponement of DP 2013-80 to allow additional time to address concerns raised by staff during the review process. **Discussion** Mark Madison participated in the discussion of this postponement request. **Outcome** The Commission voted unanimously to postpone DP 2013-80 (Ellerslie Place) for two weeks, granting the petitioner the requested time to work with staff on resolving the identified concerns. ## Final Subdivision Plan: PLAN 2013-99F: Willow Glen, Unit 4 (AMD) [timestamp: 00:18:57] Staff presented the final subdivision plan for Willow Glen, Unit 4, a remnant parcel project. The plan was characterized as involving a parcel with existing access provided via a gravel driveway. **Staff Recommendation** Staff recommended approval of the final subdivision plan with eight conditions. Two conditions that had been previously listed were excluded from the final recommendation. **Key Speakers** - Tom Martin - Al Gross **Outcome** The Commission approved the final subdivision plan for PLAN 2013-99F: Willow Glen, Unit 4 (AMD) with the eight recommended conditions. ## Zoning Map Amendment & Development Plan: MAR 2013-14 & ZDP 2013-57 [timestamp: 00:24:25] Staff presented a request to modify conditional zoning restrictions on a property located in an R-4 zone to permit development of a 24-unit apartment building. The presentation was led by key staff members including Traci Wade, Tom Martin, and Rob Sims. The proposal involved a zoning map amendment (MAR 2013-14) and a development plan (ZDP 2013-57) that would allow the residential project to proceed with modified conditions from the existing zoning restrictions. Through discussion and deliberation, the Commission identified specific requirements to be incorporated into the project approval. The final approval included 15 revised conditions addressing the following areas: * Tree preservation requirements * Modifications to the leasing office * Improvements to Jones Trail The Commission approved both the zone change and the development plan with these 15 conditions attached to the approval. The conditions were designed to address planning and design considerations while allowing the proposed 24-unit apartment development to move forward in the R-4 zoned area. ## Zoning Map Amendment & Development Plan: MAR 2013-15 & ZDP 2013-75 [timestamp: 0:41:32] Staff presented a request to rezone two properties from I-1 (Industrial) to B-3 (Business) zoning to support retail and small business development. **Key Speakers:** - Traci Wade - Cheryl Gallt - Mr. Simpson **Presentation and Discussion:** The staff presentation outlined the rezoning proposal for the two properties and the associated development plan. The Commission reviewed the request and considered the appropriateness of the zone change from industrial to business use. **Conditions and Requirements:** The Commission approved both the zoning map amendment and the development plan, subject to 13 conditions. These conditions included: - Parking requirements - Water quality requirements - Additional standards to ensure compatibility with surrounding areas and protect environmental and infrastructure concerns **Outcome:** The Commission approved the zoning map amendment (MAR 2013-15) and the development plan (ZDP 2013-75) with the 13 specified conditions. ## Scheduling of a Public Hearing on the 2013 Comprehensive Plan [timestamp: 00:53:05] Staff recommended amending the meeting schedule to include a public hearing on the 2013 Comprehensive Plan. The proposed hearing was scheduled for October 31, 2013, with a follow-up session planned for November 14. Key speakers on this item included Traci Wade and Ms. Plumlee, who presented the staff recommendation for the public hearing schedule. The motion to approve the scheduling of the public hearing passed unanimously. --- ## Decisions - **DP 2013-80** — postponed: Postponement of Ellerslie Place, Lots 2 & 2A (Midland Crossing) (AMD) development plan - **PLAN 2013-99F** — passed: Approval of Willow Glen, Unit 4 (AMD) final subdivision plan with conditions - **MAR 2013-14** — passed: Approval of Harrods Club, LLC zone map amendment to modify conditional zoning restrictions in R-4 zone - **ZDP 2013-57** — passed: Approval of Jones Subdivision zoning development plan with revised conditions - **MAR 2013-15** — passed: Approval of C & R Asphalt Land Acquisition Co., LLC zone map amendment from I-1 to B-3 zone - **ZDP 2013-75** — passed: Approval of Miller-Bird Commercial Park, Unit 1-B, Block C zoning development plan with revised conditions - **Meeting Schedule Amendment** — passed: Amend meeting and filing schedule to include public hearing on 2013 Comprehensive Plan --- ## Full transcript I'm just getting alright We're not talking to my manager Good loving, still eating my Nobody, baby, what you say It's just your job talking That gets in the way Well, I love talking There's no very fine But job talking Just deserve And if there's somebody I'm not telling you that Then always job talking Just getting around, yeah, yeah Oh, Jack's all Jack's all Jack's all If there's one thing in my life that's missing It's the time that I spend alone Sailing on the cool and bright clear water There's lots of those friendly people They're showing me ways to go But I never want to lose their inspiration Time for a cool change I know that it's time for a cool change And now that my life is so prearranged I know that it's time for a cool change Well I was born in a sign of water And it's there that I feel my best The almatross and the whales, they are my brothers It's kind of a special feeling When you're out on the sea alone Staring at the full moon like a lover Time for a cool change I know that it's a call for a cool change Now that my life is so free to raise I know that it's the heart for a cool change I've never been romantic And sometimes I don't care I know it may sound selfish But let me breathe the air Yeah Let me breathe If there's one thing in my life that's missing It's the time that I spend alone Sailing on the cool and bright clear water It's kind of a special feeling Out on the sea alone Staring at the full moon Like a lover Time for a new change Time for a new change Time for a new change I know that it's a horror movie Changes Times I know I know I know it's time for a change You know it's time for a change I'm out. I won't back down. You can stand me up at the gates of hell, but I won't back down. No, I won't stand my ground. Won't be turned around. And I'll keep this world from dragging me down. I'm gonna stand my ground. And I won't back down I won't back Hey, baby There ain't no easy way I won't back down I won't back down Stay in my ground And I won't back down Well, I know what's right I got just one life In a world that keeps on pushing me around But I'll stand my ground And I won't back down I won't back Hey, baby There ain't no easy way I won't back Hey, yeah We'll stand back then I won't back then I want back, baby There ain't no easy way out I want back, hey, yeah I want back, damn I want back, hey, baby There ain't no easy way out I want back, hey, yeah Stand my friend, I won't back down I won't back down, back down As the snow flies On a cold and gray Chicago morning A poor little baby child is born in the ghetto And his mama cries Cause if there's one thing she don't need It's another hungry found to feed in the ghetto People, don't you understand A child is an alien He'll grow to be an angry young man someday Take a look at you and me Are we too glad to see Do we simply turn our heads and look the other way Well the world turns And a hungry little boy with a runny nose Plays in the street as a cold wind blows in the ghetto And his hunger burns So he starts to roam the streets at night And he learns how to steal and he learns how to fight In the ghetto Then one night In desperation The young man breaks away He buys a gun He steals a car He lies to run But he don't get far And his mama cries As the crowd gathers round An angry young man Faced down in the street With a gun His hand in the ghetto And as her young man dies On a cold and gray Chicago morning Another little baby child is born In the ghetto And his mama cries Thank you. This is September 26th. I'll call this meeting to order. First on the agenda would be any postponements or withdrawals from today's agenda. Do we have any? Yes, sir. Please come forward. Good afternoon. My name is Mark Madison. I'm with Milestone Design Group. And we had the second case on the docket at Ellerslie Place. We'd like to, based on the staff's recommendations, we'd like to have time to work that out. and we'd like to ask for a postponement for two weeks. Okay. Thank you. And that's for Ellis Lear Place? That's correct. Okay. Anyone in the audience wish to speak to this request for postponement? Seeing none, I believe the date that I'm trying to get to. Your October 10th meeting. Thank you. My thumbs weren't working quite fast enough. The request would be for postponement until October the 10th. Seeing no one wishing to speak on this, I'll entertain a motion. Mr. Chairman, I move for a two-week postponement to October the 10th for DP 2013-80. Thank you. Do we have motions been made and seconded for postponement DP 2013-80, Ellis Lear Place, until October the 10th? Please vote when it comes up on the screen. I'm sure it is coming up. I'll tell you what, I'll just ask for a show of hands. All those in favor of this postponement, please raise your hand. Any opposed? The motion passes. Thank you, folks. There it is now. Any other requests for postponements or withdrawals? Seeing none, we'll set up for the first item on the agenda, which is final subdivision plan, plan 2013-99-F, Willow Glen, unit 4. I think Mr. Martin will lead us through that. Thank you. Thank you. This is a proposed plat showing a single lot. It is located in fronts on Old Mount Tabor Road, a private street, Walker's Way, stubs into the property, ending at this point at the property line. This area has been developed with single-family homes. It's all single-family homes developed in this area around this property. This is, in essence, an old remnant lot. The purpose of this is the owner wished to have it created and firmly and accurately shown in order to transfer the property. He would like to sell the property. There was a single-family home, the old homestead, on this property, and it was served by a gravel driveway in this location. That driveway still exists. It's staff understanding the house has been removed. The initial concern with this property has always been access to Mount Tabor Road. When all this property was originally developed, access was limited from Mount Tabor Road. The exception being the old existing house with its existing driveway. There was concern what the intent was in terms of developing that property. Staff met with the applicant and the engineer and discussed the issues. We now have a note on the plat that states that the property shall be limited to a single-family home unless a preliminary subdivision plan, a final development plan, or an amended record plan is approved by the Planning Commission. So in essence, the only thing they can do with that property is build a single-family home on the lot, maintaining that existing access point at this time, unless a different plan is approved by the Planning Commission. So that's what it was currently used for. That's all they can do with it at this point. again unless they ask this body to approve an amendment or a different plan. With that, staff is recommending approval striking conditions 9 and 10. Any questions for Mr. Martin? No? Thank you, Mr. Martin. Captain here. Mr. Gross, how are you? Good, thank you. Al Gross, EA Partners, representing David Walker. Tom hit the nail on the head. I've got nothing to add except we're in agreement with the other conditions and here to answer any questions if you have any. Thank you. Any questions for Mr. Gross? I've got one. Yes, Mr. Penn. So, Al, I'm going to ask you, it might be for Mr. Martin, whoever wants to answer this. As currently platted, the access to Mount Tabor Road is contingent on a single-family home? As currently platted, that's what this PLAT is proposing, yes. So that's what our approval is? Yes. Okay. Thank you. Any other questions? No. Okay. Thank you, Mr. Gross. Anyone else in the audience wish to speak on this plan? No? Okay. So for the questions, I'll close this part off the hearing and open it up for any discussion among members or motion. Yes, Ms. Glenn. If we're ready for a motion, I move approval of Plan 2013-99F, Willow Glen Unit 4, with the eight conditions outlined by staff, deleting conditions 9 and 10. Second. Thank you. Motion's been made and seconded for approval of Plan 2013-99-L. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you. Next, we'll move on to zoning items down at the bottom of page 2. Harrods Club LLC zoning map amendment and Jones subdivision zoning development plan. You should have a green sheet before you with revised conditions for the zoning development plan. Good afternoon. Hold that one up. Good afternoon, Ms. Wade. I said the clicker's not working, so he'll switch my slides for me. Good afternoon, Chairman Owens and members of the Commission. Our first zoning item today is MAR 2013-14, a request by Harrods Club, LLC. This is a proposed change to conditional zoning restrictions in an R4 zone. The subject property is 1167 Appian Crossing Way, and it's located on the northeast corner of Appian Crossing Way and Jones Trail. and I'll use the larger map here too. Jones Trail is a public street that's substandard. Appian Crossing Way comes and creates a partial cul-de-sac where it connects and then Appian Crossing Way comes out to Appian Way, which connects from Armstrong Mill, one of our minor arterials, to Tates Creek Road, one of our major arterials. So there's kind of a triangle here, Tates Creek, Armstrong Mill, Appian Crossing, and then the subject property in the area around what used to be Jonestown. The property itself was rezoned in 2006 from an R2 to an R4 zone. And at that time, conditional zoning restriction was put in place to limit the number of units to 17 and the type of dwelling units on this property to townhouses only. and that was in keeping with the surrounding character of the existing residential properties in that area and I'll just note in terms of the zoning in the area we have our four surrounding on two sides our three and these areas currently developed are all in townhouses and then in our two zone just to the northeast and then we have a recent zone change to the back here for or also an apartment building. So it's surrounded by residential, and the existing character has in the past been townhouses, and that was what the commission restricted it to in 2006. According to the zoning ordinance, when an applicant requests a modification, or in this case removal to a conditional zoning restriction, the planning commission must consider what has changed on the property or in the immediate area since the restriction was put in place rather than since the comp plan was adopted. So in this case, that's been in the last seven years. The applicant, can't you go to the aerial? Thanks. There's just a view of currently the property remains vacant, even though it was rezoned seven years ago. You can see where there's apartment buildings closer to Appian Way, and then the townhouses closer to the subject property. the applicant is requesting to remove the restriction or to develop one apartment building with 24 units so in essence they're adding some density but just changing the type of of residential character for the property they also propose in a rental office on the site the applicant has stated that their proposed density is now in substantial agreement with the 2007 comprehensive plan which does recommend high density residential. In 2001 when we evaluated the previous zone change it was recommended for low density residential. So that is a significant change in this area since the restriction was put in place. The 2007 comprehensive plan the density restriction suggested for this area would allow up to 10 to 25 dwelling units per acre. And since the property is about an acre, their density proposed falls within the range suggested by the comprehensive plan today. The applicant also notes that there was a recently granted zone change to R3 in the area, and they have plans to also construct apartment buildings. Those two new apartment buildings, in addition to the existing apartments closer to Appian Crossing Way, are a departure from the townhouse-style development that has historically occupied the nearby areas. So for this reason, the applicant has stated that they believe the character of the area is changing, and also they've indicated that although they're changing the number of units, they're actually decreasing the number of bedrooms on their plan, and they hope that that will actually lower the overall impact in the area in terms of infrastructure needs. The staff does agree with the applicant's justification and do believe that there has been a significant change since the restriction was put in place and that the lower density recommended and restricted at that time is no longer appropriate for this area given the other high-density development that's planned or already shown on our comprehensive plan. And the staff and the zoning committee also do recommend approval of the zone change to remove the conditional zoning restriction in the R4 zone. And there are two reasons both listed on your agenda and in the staff report. First, it has to do with it being a more appropriate or no longer, excuse me, that the high-density residential land use in the 2007 comprehensive plan is a significant change, and the applicant is proposing to build a building that does comply with the new land use recommendation. And then secondly, that removing the conditional zoning restriction will allow a number and type of residential units that are in character with the existing development in the area. I'd be happy to answer any questions about this requested zone change. Yes, Mr. Penn. Tracy, I want to know what on number 15 just talks about improvements to Jones Trail. Yes, sir. Can you talk a little bit about what that improvement is supposed to be? I believe Mr. Martin will address that when he talks about the development. We'll wait Mr. Martin's report on that. Okay. Any other questions? Excuse me, Mike. The other thing is, are we going from the 17 units was two-bedroom? Three-bedroom. Three-bedroom. The 24 units is one? There's a combination of one and two bedrooms. Okay. They're showing on their plan 30 bedrooms in 24 units. So it's not really increasing the density then, is it? Well, because we evaluate density based on dwelling units, it is. That's how, in our community, we calculate that. So technically it is increasing density, but with the number of bedrooms, obviously you can tell there might be fewer people, fewer drivers, fewer trash receptions. I'm not going to ask you how that increases density, but that's all right. Thank you. Any other questions? Mr. Drake. Yes, help orient me. where is Tates Creek High School in relation to this property? I'm actually going to use the comprehensive plan. It's a little bit bigger. Our zone change is within this area, Armstrong Mill, Appian Way, and then Tates Creek, and the high school is to the northeast here. So if you followed Appian Crossing Way and kept going, it kind of tees into that area here. Okay, thank you. It's the shotgun center. Any other questions? If not, Mr. Martin? Thank you. Thank you, Tracy. Mr. Chairman, members of the Planning Commission, the final development plan that you see before you is ZDP 2013-57 Jones Subdivision. Staff has distributed for you revised conditions on a green sheet. Again, we see Appian Crossing Way in this location with the Jones Trail intersection here. There are townhouses that have been built and developed in this location and, of course, across the street. There have been some development here as well. Back up here in back of this property, there is an amended plan that's been filed but not yet heard by this body on this development in this location. You also recently approved a zone change in a single apartment building up in this location above the property. They are proposing a 27,000-plus square foot building in this location, three stories, with 24 units, as you were told, 30 bedrooms. Here is the associated parking with an access point off Appian Crossing Way and Jones Trail. They have proposed a leasing office in this location. The revised recommendations that you see before you call for standard sign-offs on the development plan. And number 10, I will direct your attention to, is significant in that they need to relocate the leasing office as an attached office to the multifamily building. And they need to reduce its size to 1,200 square feet. The zoning ordinance does not allow a detached leasing office in this zone. and the group residential project that does allow it reduces the square footage to a total of 1,200 square feet. So staff thought that would be appropriate, number one, that it be shown as attached per the zoning ordinance and then limit the square footage to 1,200 square feet per the group residential requirements. We are asking that they revise note number five to include the reference to Article 16 of the Code of Ordinances. They're referencing Article 16 of the zoning ordinance, but as you all are aware, that's the change that addresses the drainage and the improvements and that sort of thing necessary to the consent decree where we had to change the ordinance. So that's just a cleanup item. They need to clarify their existing tree canopy to be preserved and the square footage of trees needed to meet the R4 canopy in this requirement. That, again, is a cleanup item. Staff likes to be absolutely sure of how many trees are going to be preserved because quite often they count that existing canopy towards a requirement. But it may be that this site is going to be completely cleared, so we'd like to have that clarified. Number 13 is they have to document the Division of Water Quality's approval under the Capacity Assurance Program requirements prior to plan certification or reduce the number of units to 17. That is because the 17 units are grandfathered in. But by increasing it to 24, they're going to need to have that approval under the Assurance Program that there is capacity for 24 units. And, of course, 14 is provided the Urban County Council rezones the property. And then significantly, number 15, Mr. Penn, they are proposing half section, full improvements to Jones Trail. That's curb, gutter, and sidewalk, dedication of right-of-way. So they are improving the right-of-way, curb, gutter. We're getting full improvements along their frontage. And we have placed this on here to ensure that they're constructed and then dedicated prior to an issuance of certificate of occupancy for the apartment building. so we are getting full improvements you may recall on the previous zone change and development plan we discussed improvements to Jones Trail on a little section as well and again staff would anticipate that when the other plan is approved we'll be addressing improvements on that side of Jones Trail as well Mr. Pair So, Tom, what's the width? I'll go double-check that to be absolutely sure. It's a local street, and we are getting, we will have, when it's all said and done, 50 feet of right-of-way on the street with a seven-foot utility street and a four-foot sidewalk. That's a standard local street. So we anticipate when the other comes in, it'll have to go to the same apartment? Yes, sir. Oh, yes, sir. Yeah. We are slowly but surely getting there on Jones Trail. Yeah, Jones Trail has been around for a long time. Yes, sir. Yes, sir. Thank you. Other questions? No. Thank you. Tom, I'm presuming, or let me just clarify for me on number 13, I understand the grandfathering in. if they cannot come up with the capacity for the other seven units, will they have to come back and show us a different plan for the 17 units? They could reduce their plan to 17 units. They would not have to return. No, sir, they would not have to. Okay. Thank you. Any other questions? Not applicant? Thank you. Thank you, Tom. Yes, sir. Anything to add or simply in agreement with everything? No, sir, simply in agreement with everything. With the revised conditions? Yes, sir. Okay, thank you. Any questions for the afternoon? Your name, sir? Rob Sims. Rob? Rob Sims. Okay, thank you. Any questions? No? Okay, thank you, sir. Anyone else in the audience wish to speak? If there's no other questions, then I'll close this part of the hearing and open it up for any discussion and or motion. Yes, sir. Mr. Berkeley. All right. Mr. Chairman, I want to make a recommendation for approval of MAR 2013-14. Is that correct? Yes, sir. Second. Motion has been made and seconded for approval of MAR 2013-14 Harrods Club Limited. I would presume for the reasons staff recommended. Yes. Motion has been made and seconded for approval. If there's no further questions, please vote when he comes up on the screen. Motion passes. And, Mr. Chairman, I'll make a recommendation for approval of ZDP 2013-57 with the 15 noted conditions. Revised conditions. Revised. Thank you. A motion has been made for approval. Is there a second? Second. Seconded for approval of ZDP 2013-57 with the revised 15 conditions. Please vote when it comes up on the screen. The motion passes. Thank you, folks. Good luck. Thank you. Next would be on the agenda at the bottom of page 3, CNR Asphalt Land Acquisition Company, LLC, a zoning map amendment and Miller Bird Commercial Park, Unit 1B, Block C, Zoning Development Plan. Thank you. Yes, ma'am. Good afternoon. Our next item is on page 3 of the agenda and is in tab 2 of your notebooks. It is MAR 2013-15, which is a request by CNR Asphalt Land Acquisition Company, LLC. They are requesting a rezoning from a light industrial zone to a highway service business zone. That's our B3 zone. The two properties that are the subject of the request are located at 2601 and 2617 Regency Road. Here. And the subject property is north of New Circle Road and west of Nicholasville Road. Here's Moore Drive that connects and is directly across from one of our subject properties at its intersection with Regency Road. And then Regency does come down and connect, I believe, with Southland Drive and comes down and loops around and reconnects here. So it intersects with Moore Drive and then comes back and tees into Moore Drive as well. Other zoning in the area, the subject property again is I1. So there's I1 to the north, I2 across the railroad tracks, B3 to the south, and then B4 across Regency Road. really the I1, B4, and B3 are all pretty common in this general vicinity. There's also a number of businesses in the area. It's kind of a mixture of businesses as well. On the subject property, can you flip to the next slide? Or actually go ahead and go to the next. The subject property has two buildings, and they're split by a shared driveway that goes to the back. and in those buildings you have, I think, a furniture store and an interior design business and then on the other one the Napa Auto Sales. Both of those uses are considered principal uses in our B3 zone as well as B4 and then carries forward to the I1 zone. So the uses that are there today would remain permitted or conforming to the zoning. Other uses in the area, Lexington Coffee and Tea Company, the Don Jacobs Auto Body Shop is just in the loop there on Regency to the south. Let's see, Porter Paints, ReKid, the Cat's Paws, which is a local sports publication. They're kind of combination uses that have either a warehousing or some sort of industrial, like the printing at the cut spas or re-kid has warehousing in it as well. So it's really a mixture of uses of retail as well as wholesale and business in the area. The petitioner is asking to rezone the property in order to just have a broader range of uses on that subject property, which are similar in character to the surrounding area. The 2007 comprehensive plan, can you flip to the next slide, please, thanks, recommends warehouse and wholesale land use. You can see that applies to not just the subject property, but also to the north, a very large area, as well as the south. And much of that property is not zoned B4, which would be in line with the comp plan, but is actually B3 or I1 in most cases. So the proposed zoning and the existing both aren't really in compliance with what the comprehensive plan recommends. The petitioner has cited the retail nature of the land uses along Regency and Moore Drive, which are different from the recommended uses in this area as a justification for the zone change, basically stating that the B3 zone is appropriate and the I1 zone is not appropriate at this location. And business uses in the vicinity have continued to have more of a retail slant or focus, even though they may remain in an I1 or B4 zone. In addition to the appropriateness argument, the applicant also stated that they felt the requested change was consistent with the 2012 goals and objectives of the comprehensive plan, and the staff does agree with these two justifications, and specifically the staff believes that the area of the community is one that supports small business development, which is part of goal C to B, as most of these businesses along the corridor utilize about 10,000 square feet or less of space and occupy multi-use buildings. The area of the community houses a lot of either unique businesses or specialty stores, and the proposed B3 zoning would actually permit a further expansion of these uses beyond what the B4 and I1 zoning permits. as long as the off-street parking requirements can be met. The proposed use may be something the staff supports, but we would also suggest conditional zoning restrictions for the property to make those consistent with the other B3 zoning in the area. The adjacent zone to the south or property to the south has conditional zoning restrictions that were put in place about eight or nine years ago, and the staff feels that the same conditional zoning restrictions would be appropriate with the addition of one restriction to prohibit medical and dental offices, mainly because of traffic concerns and parking concerns on the property. So the staff and the zoning committee recommended approval of the requested zone change for two primary reasons. First, the I-1 zone is no longer appropriate at this location, and the restricted B-3 zone is appropriate for three reasons. The character of Regency Road and Moore Drive has evolved over the years and has become occupied primarily by businesses that have a retail focus in addition to warehouse or wholesale functions or by specialty stores and businesses that are unique in the area. Second, there's no light industrial uses. along this portion of Regency Road or Moore Drive, even though the zoning is in place. And then third, a restricted B3 at this location would be compatible with other restricted B3s in that area. And then secondly, the area of the community is one that supports small business development, which is in line with the 2012 goals and objectives, specifically, again, goal C2B. and the proposed B-3 zoning would permit expansion of these uses beyond what the existing zoning does. On your staff report and the agenda are the staff's suggested prohibited uses for the property, and there's, I believe, seven uses suggested for restriction of this location. Happy to answer any questions about this zone change. Any questions for Ms. Wade? Thank you. plan with the zone change. They're located on Regency. We have Moore Drive that's going to hit perpendicular into Regency with Nicholasville Road at the other end of Moore Drive. When reviewing the development plan, we came up with several conditions. We have our standard sign-off conditions and then several cleanup conditions underneath. Condition number 14, discuss the need for shared access and parking. Since the last subdivision committee meeting, we received a new deed to convey the access and parking, reciprocal parking, to be done, and they've recorded this, so I have a new copy if anybody wants to see that. So with condition number 14, I believe we can remove that because they've met that with this. If there's any other questions. Cheryl, there's going to be a note on that plan in regards to the reciprocal parking. Correct, sir. All right. Any other questions from Ms. Galt? No? Okay. Thank you. Applicant, anything you'd like to add? Thank you. Absolutely not. Okay. Thank you, Mr. Simpson. You're in agreement with all the conditions, I presume. We are. Thank you, sir. Any questions for the applicant? The shortest presentation he's had, is that what you're saying? I think the cat's got his tongue. Sorry. Any questions? If not, I'll close this part of the hearing and open it up for a motion. Mr. Chairman, do you want to take both of these together? I would like a motion on the zone change, MAR 2013-15 first. All right. So moved. Second. It's getting quicker all the time around here. Motion's been made and seconded for approval with the staff recommendations. This is for MAR 2013-15. Please vote when it comes up on the screen. I don't care who does it, really. Can't do the next one that way. Motion passes. Thank you. Next. Mr. Penn? Well, it's nice. Can we cut you off guard? Yep. I move for approval of ZDP 2013-75, deleting number 14 with the 13 conditions presented by staff. Second. Motion has been made and seconded for approval of ZDP 2013-75. Please vote when it comes up on the screen. Motion passes. Thank you. Thank you, Mr. Simpson. We do have a commission item, which is at the bottom of page 4, scheduling of a public hearing on the 2013 comprehensive plan. Yes, sir. Good afternoon, Mr. Chairman and Commission members. Staff is recommending that you amend your meeting and filing schedule to set aside October 31st as the date for the public hearing to take public input on the draft of the comprehensive plan and also to note that your November 14th hearing also have an agenda item where the staff would report back on any items the commission requested after the public input and that there would be the potential of the adoption on the 14th of certain plan elements october 31st did you mention is that at 1 30 that would be yes 1 30 in this room all right any questions Ms. Plumlee? I have a question. Are we calling it the 12 or the 13 comp plan? I'm sorry? I believe it's going to be 2013. It is 13, but every five years, do we go? What are we going to call the next one, I guess? Well, the next one will probably be the 2018, but again, it will depend. All the statute dictates that the community reviewed its plan every five years. five years. There is not a mandate that you have to adopt an update within a time frame or your previous plan becomes invalid. So as long as the community is actively working on reviewing their plan, that will be fine. I think to actually answer your question, this would be for subsequently the approval of the 2013 comprehensive plan. Yes. Of course, it will be both 2012 as a major element. The goals and objectives were adopted in 2012, so it may end up hyphenated. Okay. All right. Any other questions? If not, can I entertain a motion for this? So moved. Thank you. Second? Second. Seconded. Ms. Mundy, a motion has been made and seconded to amend our meeting dates to include October 31, 2013. and then subsequent follow-up on November 14th at our regular hearing. If there's no further discussion, please vote when it comes up on the screen. Motion passes. Any other commission items? Any staff items? Any audience items? Otherwise, I'll entertain a motion for adjournment. Second. Motion's been made and seconded. all those in favor please say aye any opposed thank you folks