Let them roll, let them roll I'm gonna walk more Hey Bobby Hey Bobby Hey Bobby Hey everybody Tell everybody That Phoebe and Bobby's in town I got a dollar and a quarter And I'm just rare and a clown Don't let nobody Play me cheap I got fifty cents an older I'm gonna keep up there I'm gonna keep up there I'm gonna keep up there I'm gonna keep up there Let's sit together Let's sit together Let's sit together Let's sit together Let them roll, let them roll. Let them roll, let them roll. Let them roll, let them roll. Let them roll, let them roll. Let them roll. Let them roll. Everybody sing. Let them roll. Give me that one more time. Oh, everybody. Come on, now, say it now. Let it roll. Let it roll. Let it roll. Let it roll. Let it roll all my life. Let it roll. Let it roll. Let it roll. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Oh, shit. Watch it. Watch it. Watch it. Watch it. Watch it. Watch it. Watch it. Watch it. I know it's I know it's out now Now Show me now Let's hear it for Mr. Lillian Thank you. Thank you. Thank you. Thank you. Oh, we got to get away. We're living in the USA. Come on, baby. Oh! See a yellow man, a brown man. A white man, a red man. Looking for Uncle Sam. To give you a helping hand. But everybody's kicking sand. Even politicians. Living in a plastic land. Somebody give me a headbill Oh, we're gonna make it, baby Yeah, we're gonna make it, baby Oh, I'm freaking, yeah, yeah, yeah, yeah, yeah Come on, baby, hey, hey Oh, in the USA, baby Don't worry about me, baby Living in the USA Living in the USA I got to be free Oh, yeah, I'm sick. You can see me. You can see me. Yeah. Somebody give me a cheeseburger. Oh, yeah. He moves way ahead of the Howard Camp special and he takes it. The winner lefty. In a me, when I'm willing in a me, but you better come and go with me. We're going to rock and roll till the morning I'm free. I'm talking, I'm calling that mask. Don't send me no letter I can't read. Don't be lost, because I've been gone. We're going to rock and roll all night. I'm ready. I'm willing in a me, boy. I'm going to rock and roll tonight. I'm ready. I'm willing in a me, boy. I'm going to run the road tonight, so I won't be defeated. They're going to run the road down the road. ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ Good afternoon, ladies and gentlemen. It is 1.30. This is November 20th. I'll call this meeting to order. First on the agenda would be approval of minutes that were emailed to commission members for the meeting from October 23rd. There has been some corrections that's been noted and gotten to Stephanie. If there's any others at this time, please let it be known. otherwise I'll entertain a motion for the amendments yes ma'am move approval of October 23rd planning commission minutes motion's been made and seconded for the approval of the minutes from October 23rd 2014 please vote when it comes up on the screen motion passes thank you any postponements or withdrawals from today's yes sir Josh Banks with Banks Engineering. I'm here on behalf of the fight zone change. Yes, sir. And we'd like to postpone that indefinitely. Indefinitely? Yes. Okay, thank you. Anyone in the audience wish to speak to this request for postponement, indefinite postponement? If not, commission members, I'll entertain a motion. Mr. Chairman, I move for indefinite postponement of MAR 2014, Day 17. Second. Motion has been made and seconded for the indefinite postponement of MAR 2014-17 with the associated ZDP. Please vote when he comes up on the screen. That motion passes. Thank you. Thank you, sir. Any other requests? Good afternoon, Mr. Murphy. Good afternoon. Mr. Chairman, I am Dick Murphy. And on page two, item two, the Miller Family Estate Zoning Map Amendment and the Associated Development Plan, 2575 Winchester Road. I represent the applicant. We have had a meeting with the staff that went very well, but it's going to take some time to work it out. So we're requesting a two-month postponement on that. Thank you. Anyone in the audience wish to speak to this request for postponement? I believe Mr. Sally that would be January 15th Mr. Chairman that meeting is your first meeting in January it's ordinarily reserved for subdivision items your zoning meeting that month is the 29th that's true the 29th Mr. Murphy yes no one else Mr. Chairman I'm going to move postponement of MARCV 2014-18 Miller family state to January 29 and also the ZDP okay motions been made and seconded by miss Richardson for postponement until January 29th 2015 please vote when it comes up on the screen motion passes thank you sir thank you any other requests for postponements or withdrawals from today's agenda I'm not sure of the protocol. We're asking for a postponement at number three. Is this the right time to do that? Yes, sir, it would be. Okay. Is that number three as in a co-development company? Correct. I'm Marty Clifford with the Neighborhood Association, and we're asking for a postponement until we can meet with the builders more and planning and zoning to see if this is going to be appropriate for our community. So we're just asking for a postponement of the zoning change for two months. For two months? Yes. That would be on page four, item number three, Nicole Development Company, with the MAR 2014-19 with associated zone change. This is on the property on North Limestone. Yes, ma'am. Thank you, sir. We'll, I think, have a discussion on this. Yes, ma'am. I'm Chris Westover. I represent Nickel Development Company, and we respectfully request to be heard today. We've had meetings with the neighborhood. We have a website that we've created. We have solicited input from the neighbors on asking for, you know, what are their questions and concerns, and we have been actively trying to include the neighbors in this project. It would be really a hardship to request a two-month postponement for something like this. We've been working on this for two years, and we are prepared and ready to go today. So we would object to a two-month postponement. Okay. Thank you, Ms. Westover. others that have interest in this okay are you speaking for a group mr. clipper and these are all the neighbors that they want to build by okay okay hold on just a second yes or come forward I actually would also just like to have it postponed. If not, I'd like to sign up to be able to speak with it. Okay. Your name, sir? Roy Cornett. Okay. Thank you, Mr. Cornett. Let me go back to Mr. Clifford. Yes, sir. Come forward. We heard your request. Can you give us some reasons? Yes, sir. I messed up. I'm president of our neighborhood association. and Mr. Pettit came to me early on this year and talked to me about the plans. Griffin Van Meter is also on our board, and he talked to me about our plans. I trust Van Meter Pettit completely in that he's a good guy, he does good work. I failed. I dropped the ball. When that happened, as president of the Neighborhood Association, what I was supposed to do and what I didn't do was I was supposed to start having community meetings at that time and let the neighbors know what was going on, get their input, get their feedback. I didn't. I failed. I just completely dropped the ball on it. So this street, you know, North Limestone, I've been president of the Neighborhood Association and founder since 98. This community has struggled, and we have struggled, and we have made a lot of progress. Back in 2004, I met with Jim Duncan, Chris King. We met with city members. I'm a supporter of the small area plan. I'm a supporter of a lot of that. But this is a large project. We're talking about 80 units that we're going to be plopping down right in the middle of a residential street. This street, Broadway Park, was the last hold-on of that street on limestone. Let's stick to the reason for postponements there. Okay. So they are here today, North Broadway Park. They were the ones that have stuck there through thick and thin and have stayed. We've got people that have been there 26 years, 50 years, second and third generation. Now, they did do a web page, and we do have some people here that commented and never got a reply back. And the concerns that we have can't be just addressed by the nickel corporation or band meter. Some of those concerns need to be addressed by long-term planning and short-term planning. In 2004, we talked about our concerns for high density in that area, that it didn't work and we were having problems. And from my understanding, that was changed in 2009, and we didn't know anything about it. The flooding, stormwater systems we've asked about. So we haven't had appropriate time to. They said they would address some of these concerns, and there would be many meetings coming down the road where they can address concerns. But the first concern I brought them was to ask for postponement of this today, and their answer was no. So it doesn't seem like they're willing to work with community. When did you take that request? When did you go to them with that request? That was with that meeting Pettit this morning. This morning? Yes. Okay. All right. Thank you, sir. Okay. I know there's a group there that, you know, he's kind of representing. Anyone else that wished to speak to the postponement itself? Okay. Come forward. Your name, sir? Don Bolton. Okay. I'd like you to postpone this for at least a couple of months so we can really realize what's going on here. We've only literally had one month to work out details on this. The website they spoke of was not up. I could not pull it up on the computer. They didn't give us but one meeting with us about this. So basically, we're asking for some time to understand what goes on with this, all these different zoning requirements and such. Okay. Thank you. Yes, sir? Another one? My name is David Singleton. I have something prepared. May I read it? Possibly? We're talking about postponement. I have a copy for you. We're just looking for reasons for postponement right now. Will you consider after postponement then? If we go forward, yes, sir. Thank you. Donnie House. I live at 118 North Broadway Park, and we literally have had just one meeting with the nickel company, and it was just showing us the drawings. And even at that time, it was a roughly one-hour meeting that I felt like we were just given information to study. then all of a sudden it's in front of you all to decide how possibly 160 people could be living on my street that right now just 63 people occupy. So they could be tripling our numbers. That's the reason I'm asking for a postponement. Thank you, sir. Okay. Reason for postponement. My name is Andy Sloan, and I have a business, a commercial business that touches up to it, And this is the first time that I heard anything about it. I read it in the paper. I'm old school. I don't have a computer. I don't do Facebook and none of that kind of stuff. So forgive me for that, but this is the first I've heard, and I'd like to have more input to it. So I asked for at least a two-month post-pomenal. When did you read about it in the paper? The eighth or whatever that date that the Herald-Leader put the paper at. Okay. I read a paper, but that's about how I get my information. Okay. And the kids tell me stuff, so that's about it. All right. Thank you, sir. Sir, manager, is one other reason for postponement? Yes, sir. Come forward. Get to the microphone, please. One of the reasons why I think a postponement is actually suitable in this instance because if you all hear it today and you pass, it starts the 90-day window, which the full council has to make a decision either to reject it or approve it. However, you all know we're getting ready to move into the holiday season and we're going to have new council members going on to the council. The chance that there's going to be able to, the full council is going to be able to hear this, and with the obvious input that we've got from the city, I could see it not happening in that 90-day window. And if the council doesn't act within that 90-day window, as you all know, it's automatically approved by you all issuing it today. So, therefore, that's one of the reasons why I think at least so we can get through the holiday season and the new council gets on there, allow us an opportunity to organize. Thank you. Ms. Westover. I have a counterproposal that I hope will be suitable for everybody, and that is to postpone this to your December meeting. That will allow time to meet with the neighbors and address their concerns and questions. We believe very strongly that the concerns they have about these issues that they've mentioned can be addressed, and we've already done that, but that's my proposal. If we could postpone this to December, two months or three months, that's just too far away, and this would give us time to meet sometime between now and your next meeting. Thank you, Ms. Westover. Mr. Clifford? Yes, sir. So we were actually trying to give them the benefit of doubt by asking for a postponement. They did do the presentation. All the neighbors are saying they don't want it, but they're giving them a chance to come forward and say, we understand your concerns, we can address those concerns, but right now nobody wants it. So if they can address those concerns, not just put information out there, say accept it, lump it or like it, or lump it or leave it. We don't want somebody to come in and tell us what's good for us. Listen to their neighbors, see what they have to say, and we're going to give them a chance to do that hopefully in the next two months. I don't know if they can put it together within a month. Okay. Thank you, sir. I think we've heard enough. Thank you. Commission members, any thoughts, motions? Mr. Chairman. Yes, sir. I guess based on what Mr. Westover said, I would move that it be postponed until December of the zoning meeting. 18th. 18th, December the 18th. December 18th. It's four weeks from today. Okay. We have a motion on the floor for postponement of nickel development, MAR 2014-19, and the associated ZDEP until December the 18th. We do have a second by Mr. Penn. Any discussion on the motion? If not, please vote when it comes up on the screen. That motion passes. You've got 30 days. Thank you, Ms. Westover. Thank you, folks, for coming. So, any other requests for postponements or withdrawals? Mr. Chair? Yes, ma'am? On page 8 of your agenda? Excuse me, folks, can you take your conversation outside, please? Ms. Rackers? Okay, Jade, of your agenda, CT 2014-1, we had a written request from the attorney for the applicant requesting it to be postponed until December 11th. Did you say for one month? One month. Well, not exactly a month, until December 11th. Okay, if you could repeat that one more time. CT 2014-1, asked to be postponed until December 11th by the attorney for the applicant. Okay, that is on page 8 under commission items. Yes. CT 2014-1 New Singular Wireless PSC asking for a postponement until December the 18th 11th I'm sorry. Thank you for the correction Anyone in the audience wish to speak to this request for postponement Commission members if not I'll entertain a motion Yes, ma'am move postponement of CT 2014-1 to December The motion has been made and seconded for the postponement of CT 2014-1 New Singular Wireless until December the 11th. It has been seconded. Please vote when it comes up on the screen. That motion passes. Any other requests for postponements or withdrawals? Seeing none, hearing none. Mr. Sally, what's left? Mr. Chairman, there are still two remaining zone changes on your agenda for today. The first appears on page 5, item number 4, MAR 2014-20, a request by the Boardman Company, LLC. This involves a zone change from a P1 professional office zone to an R3, a planned neighborhood residential zone, for property at 232 Waller Avenue. note. This item would qualify for your consideration as an abbreviated hearing, provided there is no one present in the audience who wishes to speak to this zone change for the Boardman Company at 232 Waller Avenue. Is there anyone present who wishes to speak to this change? Seeing none, Mr. Chairman, we can handle this as your first remaining item in abbreviated fashion. Okay. Thank you. The other remaining item appears on page eight, pardon me, page six, and page seven of your meeting agenda. This is MARV 2014-22, a zone change request by RML Construction LLP. This is a zone change from an R1D single family residential zone to two zones, a neighborhood business B1 zone, and to a high-density apartment R4 zone. This property has an address of 2985 Liberty Road. Again, we would ask if anyone's present today who wishes to speak to this proposed zone change for RML construction on Liberty Road. Seeing none, Mr. Chairman, we can also have an abbreviated hearing on this side. Okay. Thank you. We'll sit up and be ready to begin in just a moment. Thank you. So we will start with Boardman Company, LLC Zoning Map Amendment and Forest Park Subdivision Block E, MIR 2014-20. The ZDP shown also. You do have a revision, which is on a salmon sheet before you, for that as well. So do we have some students in the back or just curious onlookers? Excuse me? Oh, okay. Very good. Thank you. Trying to entice them to come to the front since this is their application. That's it. Okay. see normally the students sit in the back miss wade good afternoon chairman owens members of the commission this is mar 2014-20 a request by boardman company llc and as mr sally mentioned it is a zone change from a p1 professional office zone to a planned neighborhood residential r3 zone The subject property is located on Waller Avenue, and it is adjacent to the Norfolk Southern Railroad tracks. I'm going to turn around here. Here's the railroad tracks, the subject property. So it's on the south side of Waller Avenue. In the vicinity, we have mostly residential on the east side of the railroad tracks. to the south, R1C zoning, and to the north and east, R2 zoning. And then on the other side of the railroad tracks is primarily professional office. And again, the subject property is also professional office, but the railroad tracks has been, or this property has been the only property east of the railroad tracks with a non-residential zoning category, category for some time, actually since the 1960s. So that's an aerial view of the property. It is a built structure, and the applicant is proposing to rezone the property, and they do propose to keep the structure as it is built today with a few modifications, mostly to the interior of the structure. It is a professional office building with professional office uses historically on the first floor with residential on the second and third floors, and their proposals to convert that first floor to all residential as well for a total of, I believe, 12 dwelling units on the property. These are a few photos of the subject property just from the parking lot. It does actually look sort of residential. Looking down Waller Avenue towards the railroad tracks to the west, and then to the east towards Nicholasville Road. this is the let's see west side of the building nearest the railroad tracks existing parking on the site and then where they currently have open space on the subject property related to the residential dwelling units is in the rear as I mentioned the applicant is proposing to rezone in order to reuse the existing building for prime are completely residential the application didn't cite being in agreement with the comprehensive plan and rather they contend that the proposed zoning is consistent with the plans goals and objectives related to expanding housing choices encouraging redevelopment that is efficient inside the urban service boundary and also having compatible compatibility or compatible land use within established neighborhoods. The petitioner also stated in their justification that the professional office zone is inappropriate at this location and the residential zone is appropriate here. Obviously, the property being surrounded by residential uses on this side of the railroad tracks, the staff agreed that the residential zone is more compatible at this location with the established neighborhood. In addition, the majority of the area is occupied by residential or student housing, and the applicant does utilize the property also for primarily, or it's primarily occupied by University of Kentucky students. The building footprint and surface lot do not need to be modified to accommodate this reuse or change of use on the property. The first floor was occupied for a number of years by medical office supply company and they used it for an office and storage but since that tenant vacated the property within the past year the space has been difficult to lease seemingly because the office use is not very compatible with the student housing above at this location. The railroad track also acts as a logical boundary between our professional office use on the west side and the residential on the east side at this location. So the staff does agree with the applicant's justification for the zone change, and we recommended approval two weeks ago with the zoning committee, and the zoning committee also recommended approval of this requested zone change. I'd be happy to answer any questions about the proposal and the agenda and staff reports show the findings for this case. Thank you, Ms. Wade. Any questions for Ms. Wade? Thank you, ma'am. Yes, sir. Mr. Chair, members of the commission, I stated this is ZDP 2014-93. Forest Park subdivision is a final development plan. Probably located at Kelly. Switch it and take about three seconds. Okay, how about, there we go, all right. Yesterday it was located at 232 Waller Avenue, boarding along the front, of course above it, railroad. Further on out we have St. Joe's and Harrodsburg Road and Nicholasville. The purpose for the development plan, as stated, was to convert the first floor professional offices into living quarters and use one existing parking space for a living area as well. At the end of that, doing the conversion, and we'll end up with 34 bedrooms over 12 units. The subdivision committee has taken a look at it and has approved it based on the following conditions. Oops. Which the first eight are normal ones you all are familiar with, building, traffic engineering, even sign-offs. The last five were some cleanup items. We needed to have them provide the adjoining property owner's information, the addition of the number of dwelling units that were going to be in there, the height of the building and feet, the addition of an existing utility easement, and discuss the square footage of the building not included in the floor area ratio. And on the 12th of November handout I provided you all earlier, staff had received a new submit on this which addressed those last five concerns. We do have over here in the site statistics the number of bedrooms, units, height of the building, and the floor area ratio. The concern there was, staff had, that in calculating the area that you are allowed to remove, if you like mechanical rooms, non-livable space to calculate your parking, there may have been an error there, but they have since taken care of that and looked at it, and they do meet the requirements for that. Based on that, I'm hoping for any questions. Any questions? Yes, ma'am. Just out of curiosity, what is the height? 35. Oh, no, excuse me, I'm sorry. I'm sorry, 31 and a half. I'm sorry, 31 and a half feet. Maximum allowable is 35. Any other questions? If not, thank you, sir. Mr. Sally? Thank you. Thank you, Mr. Chairman, members of the commission. I had hoped to address condition number eight with the commission just briefly. First, I'd like to put a copy of the CTIMS map for this location on the overhead for you to review. The subject property is located, as everyone has described, on Waller Avenue, and that's the white triangle you see right in the middle of this drawing. This is from the website map. And you'll see it is in the edge of bank WR4-3. This is a bank that is coated in yellow. And what that means is the capacity is available in this bank. It is a very low number. That is where the green arrow is. You can see there's just over 2,600 gallons available of sewer capacity. The staff estimates that this conversion of first floor from office to residential would generate approximately 500 to 1,000 additional gallons per day. The purpose in the staff revising condition number eight, as it appears on our recommendation, is because of this low bank number. As you know, the zone change development plan must be certified within two weeks of today if you were to approve it. There is the potential that this balance could go below that number in two weeks' time. since it is so low. For that reason, the staff would suggest that this condition not be subject to the certification of this plan, since it is such a minor change in terms of physical change to the property, but rather that the alternate implementation of the capacity assurance program be utilized here, and that is at the time of building permit. So that that is documented and so that everyone knows that that process will be followed, we would recommend that a note be placed on this plan indicating that the capacity assurance requirements will be met not within two weeks of your action today, but instead at the time they approach the building permit counter for the building permit. It's possible in that interim period, once the zone change is approved, there could be additional capacity in the bank. If there is not, then the ordinary cap requirements would have to be met before any type of building permit could be issued. So the community is protected. Everyone is on notice. But at least the zone change itself won't be in jeopardy over this possibility. I'd be glad to answer any questions about why we're recommending condition number eight to you. Questions for Mr. Salley? Yes, ma'am. So, Bill, if at the time of the building permit there's not room, they don't build. They do not get a building permit, that's correct. And so they just sit and wait until the gallons become available. That's exactly right. They're either wait-listed or there are some things that they can do in terms of sump pump redirections. There are a few things that they have the ability to consider doing if they don't want to wait for capacity to be garnered in the bank by other means. But, yes, if the capacity is not there, they will not be able to get the building permit. Okay. Mr. Berkeley. Just a statement that I hope that we will be addressing the quantity that's available in that area soon. Yeah. Any other questions? Nope. Thank you, Bill. Thank you. Applicant? Good afternoon. My name is Brad Boaz with CMW Architects and Engineers here in Lexington, and I represent the developer. I want to thank Bill for creating that caveat and thinking of the CAP program. When we ran our calculation, we calculated we would be adding 367 gallons per day with the reduction of the office space and then the increase with the, there's a two, a three, and a four-bedroom unit going in that first floor. So we recognize it is very low, and, you know, we want to make sure that when the building, they want to get this zone change and go to a building permit ASAP. So however, you know, you all feel it's best to word the language and however Bill would recommend knowing that, you know, we certainly don't feel it's 1,000, and so we're estimating 367 is how we calculated it. So knowing that, what would be your suggestion on wording it to make sure that this will all work out? The applicant has the ability to reserve the capacity at any time. They could do that later today. They could do that tomorrow. So if they want to make sure that the capacity for their project is available at the time they're ready to go, they can submit the necessary paperwork and application to Division of Water Quality to reserve that capacity. while it's still available. And that would be independent of your action on the development plan or the zone change process. This language would work that you're suggesting? Yes, sir, it would. They would then document at the time of building permit, we have a reservation that's active and good, and we can tap that capacity. Okay. Thank you, Bill. Then based on that information, then we'd be willing to accept that revised note 8. and other than that we accept the additional seven requirements and ask for approval. Okay. Thank you, sir. Anyone else in the audience wish to speak on this plan? If not, any other questions from commission? If not, I'll close this part of it and open it up for a motion and or discussion. Mr. Pym? You ready for a motion? Yes, sir. Mr. Chairman, I move for approval. I'm looking at the other first. I'll find the right place here. MAR 2014-20 with the recommendation of staff as presented by staff. Thank you. Do we have a second? Second. Motion's been made and seconded for the approval of Boardman Company LLC MAR 2014-20. If there's no further discussion, please vote when it comes up on the screen. Motion passes. Thank you. Mr. Penn. I move for approval of ZDP 2014-93 with revised condition as presented on the Selman paper. Changing number 8 to say that the Alternative Capacity Assurance Program will be met at the time of the building permit. Okay. Motion has been made and seconded for approval with staff recommendations of ZDP 2014-93. please vote when it comes up on the screen the motion passes thank you thank you folks we do have one more which I believe is an abbreviated one bottom of page six going on to page 7 RML construction LLP zoning map amendment in Caden town subdivision lot 10 it's a MARV 2014-22 associated ZDP 2014-95 Ms. Wade. Afternoon. MARV 2014-22 is a request by RML Construction, LLP. This is a requested change to rezone about a third of an acre of property at 2985 Liberty Road. Does that? I think that's right. from a single-family residential zone to both high-density apartment, our four-zone, and the neighborhood business B1 zone. The subject property, I want you to ignore the dash line in the middle. Ignore this one. I'm sorry. And focus on this little one. Evidently, my PowerPoint skills are lacking today. the requested rezoning is only a third of an acre and it is split between R4 and B1. The R4 portion is to the north and the B1 portion is very small to the south. Just in terms of the area, we have Old Todd's Road, South Liberty Road adjacent to the subject property. This is the entrance to Brighton Shops and then Todd's Road to the south across Manowar Boulevard. And this area may look familiar because RML Construction did a recent zone change this spring for the rest of the subject property, or the rest of the parcel, which is R4 and B1 already. So it will be sort of a continuation of their previous zone change from earlier this year. The applicant was able to purchase this small triangle in September of this year, and that allowed them to file the zone change and then be able to expand their development just slightly to include another small building for 12 residential units. And then the small portion being converted or requested for B1 is just to really square up the zoning in that location, and a parking lot is shown on their development at that particular location. Just in this general area, the subject property is bound mostly by residential development in terms of a townhouse development to the north, and then Brighton 3050 apartment complex, which is already owned by RML Construction, to the northeast. east, and then business zoning to the south at the intersection of Todd's, Old Todd's, and Liberty Road. Several neighborhood commercial uses in that area, restaurants, pharmacy, automobile-related uses. Just an aerial view of the property proposed for rezoning is shown in red and then the green line indicates the rest of their the parcel that was previously rezoned earlier this year and you can see the apartment complex that is already built in that area and then the resident or excuse me the commercial uses that face on the man-of-war Boulevard primarily in this area the subject property was previously part of a parcel across Liberty Road on Caden town Lane but with the construction of Liberty Road it was severed and that created two pieces of what was 2981 Caden town Lane and then the applicant was able as I mentioned to purchase this earlier this year and incorporate it with a plat into their other piece the petitioner is requesting the R4 in order to further expand the residential apartment construction and then the very small piece of B1 to just really square up the property I think I mentioned that there is a dimensional variance also requested which mr. Emmons will present but generally the petitioner contends that the R1 D is no longer appropriate at this location but the R4 and the B1 are appropriate here and generally that's to be compatible with the proposed development adjacent and the staff recommended approval and as did the zoning committee two weeks ago for this proposed zone change. I believe that's it. Thank you, Ms. Wade. Any questions? If not, are we hearing from Mr. Emmons next? Ms. Galt. Oh, Ms. Galt. Okay. Good afternoon. We're looking at ZDP 2014-95 for Cadentown subdivision. Tracy explained the location. I just was going to give you a little more information. Liberty Road, Old Todd's. This is Brighton Place Shops. This is the apartment complex that she pointed out. This half is zoned for the business. and then the other half is for the residential. Here is the dashed line that shows this portion of what is being rezoned today so that they can add an additional apartment building. The subdivision committee recommended approval with the 11 conditions. The first few are sign-offs from the different governmental agencies. We have a couple corrections, cleanup conditions, and two discussion questions. The first one was to discuss the need for sidewalk connecting the property. And I believe at the subdivision committee, they had agreed upon connecting that sidewalk with the rest of the apartment. So therefore, we believe we can change that now to a resolve. we also have the discussion question for the tree protection and I passed out a copy of an email that came from Tim query and he was in agreement with meeting with the applicant that there should not be a tree protection to the northwest side they did not find significant trees that could be a large collection to be saved so with that I believe condition number 11 we can remove the discussion with that. And if you provide the Planning Commission grants the waiver and Jimmy's going to present that for you here in just a moment. Do you all have any other questions? Thank you. Mr. Emmons. Mr. Chairman, members of the Commission. I'll present to you associated with this zone change request are two variances. The first one is a landscape variance and a dimensional requirement for the parking. For the landscape variance, I would like to focus in with a magnifying glass. There is a very small area of about the length of less than 20 feet that is required to have zone-to-zone screening between the B1 and the R4 zoning. The Landscape Review Committee did meet and did recommend approval of granting that variance request. It is, of course, an extension of the variance request for the zone-to-zone screening that was required between the larger part of this. And just as this zone change application is an extension of that previous zone change, the variance request is also. So the second one is a dimensional variant. In the R4 zone, parking is not allowed to be in the required front yard. They have about 15 parking spaces that they are proposing. And as you can see on this development plan, it would be at about the same setback as the B1 parking on here. They are asking for a dimensional variance from 20 feet to 5 feet in order to place those 15 parking spaces. These parking spaces will be landscaped per the normal vehicular use area requirements, just as it is along through here. As the staff was reviewing this, we noticed that there is a large green space in between, a common green space in between the buildings. Should this variance not be granted, they could redesign the subject property to put more parking in between the buildings and move the green space out towards Liberty Road. However, we do not think that that would result in a better design for the overall project. Just as before that the purpose of our landscaping ordinances are to separate land uses, and the purpose of this zone changes to integrate those land uses, the staff is recommending approval of both variances as they're requested. Our reasons for that are listed in your staff report and on the agenda. The staff is also recommending approval of those variances with the recommendation of the Landscape Review Committee and also subject to four conditions which mimic the conditions that were placed on the previous zone change variances earlier this year. If you have any questions for me about the request of variances, I would be happy to answer them. And I do believe that this concludes the staff presentations. If there are any other questions overall, we would be happy to try and answer them. Any questions? Ms. Plumlee? Yes, Jimmy. The bush honeysuckle do not have to be preserved, right? That is correct, bush honeysuckle. Now, do they have to be replaced with something else? In order to, are you talking about for the vehicular use area screening? I'm talking about Tim Quarry's, this one. I'm sorry, I have not seen what you're referring to. I'm sorry to spring that on you then. I just don't know what that says. That would not require it to be redone, anything other than what has been presented. You'd have the normal vehicular use area screening around the parking lot. that would still take place, which results in about a three-foot hedge and trees every 40 feet on that. I think in the area that Tim Querrey is talking about, removing bush honeysuckle is not going to do anything to the zone-to-zone or required landscaping. If it doesn't meet, they'll have to plant to make it meet. Thank you. Ms. Plumlee, just for clarification, there ordinarily is not a requirement for screening from R3 and R4 zones. I'll be glad to check Article 18 real quick just to see if there's any screening required. Any other questions for Mr. Emmons or the staff at this moment? If not, applicant, anything to add? Rena Wiseman for RML. No, sir, we are in agreement with all the conditions and recommendations, including the modified conditions on the development plan, we'd be happy to answer any questions. Ask your approval. Any questions for Ms. Wiseman? Not. Anyone in the audience wish to speak on this plan? Apparently not. Commission has any other questions? I think Mr. Sally is looking very diligently. Yes, sir, Mr. Penn. I just wanted Jimmy to bring that magnifying glass back out here. Well, he presented the head for a slicker. Is this called filler as well? I thought maybe he was looking for some big old trees in there. Oh, let's not go there. Yeah, the R3 to R4 zone does not require zone-to-zone screening according to Article 18. Anything else from the commission? If not, I'll close this part, open it up for discussion and or motions. We'll have three, the zone change request variants and the ZDP. Yes, sir. Mr. Berkley. Mr. Chair, I'll make a recommendation of approval of MARV 2014-22 for the reasons noted by staff. Motion's been made and seconded for the approval of MARV 2014-22. Please vote when it comes up on the screen. That motion passes. And then for the variants, associated variants. And there's, I guess it's just the same number, so. Yes. For the requested variant, two requested variances, I recommend approval. Thank you. Motion's been made and seconded for the approval of the variances associated with MARV 2014-22. Please vote when it comes up on the screen. That motion passes. And then for the ZDP. Yeah, finally, for the ZDP 2014-95, changing number 10 to resolve and eliminating number 11. Second. Motion's been made and seconded for approval of ZDP 2014-95 with now the 10 conditions. Please vote when it comes up on the screen. That motion passes. Thank you. Thank you, folks. Have a good holiday coming up. I think, are there any other commission items that need to come to attention? Staff have anything? Audience have anything? We're getting shorter and shorter. If not, everyone have a wonderful Thanksgiving holiday. And I believe we will have a lengthy December 11th meeting. So in the meantime, happy Thanksgiving to everyone. entertain motion for adjournment second all in favor please say aye any opposed thank you folks