# Planning Commission Subdivision Public Hearing - June 11, 2015 > Auto-transcribed civic record · June 11, 2015 - **Permalink**: https://meetings.lexingtonky.news/meeting/3681 - **Source video**: https://lfucg.granicus.com/player/clip/3681?view_id=14&redirect=true - **Date**: 2015-06-11 - **Last revised**: July 15, 2026 - **Length**: 20,701 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 June 11, 2015, at 1:30 p.m. in the Council Chambers at the Urban County Government Building, 200 East Main Street, Lexington, Kentucky. Mike Owens presided over the meeting, which included consideration of 20 agenda items. The Commission took 12 motions and votes during the session and heard 4 public comments. Of the 20 items on the agenda, 18 were approved, including subdivisions and property amendments such as Greendale Hills Unit 2-B, Coventry (Belmont Farm) Lot 6, The Fairways at Andover Unit 1-C, and Thistle Station. Additional approvals included the Waller Property (Northwood Subdivision) for a Popeye's location, South Broadway Place for a Sonic location, and a petition for zone map amendment by Elizabeth Brooks Bullitt. The Commission also approved a proposal for Temporary Cellular Towers. Two items were postponed: the Poole & Jefferson Property (Bruce Glen Property) and the High Point Subdivision (Monon, Inc.). ## Attendance **Present:** Mike Owens, Mike Cravens, Karen Mundy, Carolyn Plumlee, Joseph Smith, Bill Wilson, Frank Penn, Carolyn Richardson, and David Drake. **Absent:** Will Berkley and Patrick Brewer. **Late:** Karen Mundy arrived after the meeting began. ## Votes and Decisions **Indefinite Postponement of DP 2015-29: Poole & Jefferson Property (Bruce Glen Property)** [timestamp: 01:25:17] Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Postponed by voice vote. All eight members voted in favor: Mike Cravens, Carolyn Richardson, Mike Owens, Joseph Smith, Bill Wilson, Frank Penn, David Drake, and Carolyn Plumlee. **Indefinite Postponement of DP 2015-30: High Point Subdivision (Monon, Inc.)** [timestamp: 01:25:49] Motion by Carolyn Plumlee, seconded by Joseph Smith. Outcome: Postponed by voice vote. All eight members voted in favor: Carolyn Plumlee, Joseph Smith, Mike Owens, Mike Cravens, Bill Wilson, Frank Penn, David Drake, and Carolyn Richardson. **Approval of Consent Agenda Items** [timestamp: 01:30:14] Motion by Frank Penn, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. **Approval of DP 2015-44: Thistle Station** [timestamp: 01:39:35] Motion by Bill Wilson, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions approved include compliance with an approved character and context study and closure of the King Street right-of-way prior to plan certification. **Approval of DP 2015-41: Harvey Property** [timestamp: 01:55:06] Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include provisions for sidewalk construction on Tracery Oaks Drive, pavement depth approval, and parking prohibitions around the cul-de-sac. **Approval of DP 2015-42: Wendell Subdivision** [timestamp: 02:12:09] Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include cul-de-sac design requirements and emergency vehicle access provisions. **Approval of DP 2015-45: Headley Subdivision** [timestamp: 02:32:35] Motion by Carolyn Richardson, seconded by David Drake. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include facade design compliance and gate design to prevent cut-through traffic. **Approval of DP 2015-50: James W. Atkins Property** [timestamp: 02:43:05] Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions include emergency access lane location and Technical Committee review requirements. **Release and Call of Bonds** [timestamp: 02:44:15] Motion by Mike Cravens, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. **MARV 2015-9: Zone Map Amendment for Elizabeth Brooks Bullitt** [timestamp: 03:05:05] Motion by Carolyn Richardson, seconded by David Drake. Outcome: Passed by voice vote. All eight members voted in favor. The ND1 restriction regarding front yard fences was deleted, allowing construction of a fence up to seven feet tall. **MARV 2015-9: Variance for Front Yard Fence Height** [timestamp: 03:05:36] Motion by David Drake, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions limit fence height to seven feet and require consistency with adjacent properties. **Approval of Temporary Cell Tower at Keeneland** [timestamp: 03:16:35] Motion by Carolyn Richardson, seconded by Carolyn Richardson. Outcome: Passed by voice vote. All eight members voted in favor. Conditions require an 8-foot security fence and removal by November 15th. ## Public Comment Four speakers provided public comments during the meeting, each representing applicants for various development and zoning matters. **Darby Turner** [timestamp: 03:02:16] spoke in support of a zone map amendment and variance for a front yard fence. Mr. Turner, representing the applicant, stated that neighbors and the association have no objection to the fence. He noted that the property is under common ownership and emphasized the need for continuity in appearance, citing the unique circumstances of the property. **Dick Murphy** [timestamp: 02:04:42] addressed DP 2015-42: Wendell Subdivision, expressing support for the project. Mr. Murphy, representing the applicant, stated his agreement with the staff's recommendations. He clarified that the development would not include parking on the cul-de-sac and indicated that the median was not necessary for safety purposes. **Chris Westover** [timestamp: 02:25:12] spoke regarding DP 2015-45: Headley Subdivision. Ms. Westover, representing the applicant, confirmed agreement with all conditions proposed for the project. She noted that the developer is actively working with a committee of concerned citizens to address design issues. **Matt Carter** [timestamp: 02:39:40] provided comments on DP 2015-50: James W. Atkins Property. Mr. Carter explained the decision to omit a sidewalk from the project, stating that safety concerns prompted this choice due to the slope being too steep for a safe and accessible sidewalk. ## Appointments The following appointments and reappointments to the Urban County Planning Commission were made: **New Appointment:** - Mike Owens was appointed to the Urban County Planning Commission **Reappointments:** - Mike Cravens was reappointed to the Urban County Planning Commission - Karen Mundy was reappointed to the Urban County Planning Commission - Carolyn Plumlee was reappointed to the Urban County Planning Commission - Joseph Smith was reappointed to the Urban County Planning Commission - Bill Wilson was reappointed to the Urban County Planning Commission - Frank Penn was reappointed to the Urban County Planning Commission - Carolyn Richardson was reappointed to the Urban County Planning Commission - David Drake was reappointed to the Urban County Planning Commission ## Contested Items **Cul-de-sac Design and Median Requirement for Wendell Subdivision** The Commission debated the necessity of a median in the cul-de-sac design for the Wendell Subdivision. Staff and fire officials opposed including a median, citing concerns about emergency vehicle access. The applicant, however, preferred the median for aesthetic reasons. The Commission ultimately approved the subdivision plan without the median, prioritizing emergency access over the applicant's design preference. **Sidewalk Connection to Tates Creek Road for James W. Atkins Property** A heated discussion arose regarding a proposed sidewalk connection to Tates Creek Road for the James W. Atkins Property. The central disagreement centered on whether omitting the sidewalk connection was justified. The applicant argued that constructing the sidewalk was unsafe and not accessible due to a steep slope on the property. Following this argument about safety and accessibility concerns, the Commission agreed to delete the condition requiring the sidewalk connection. ## Poole & Jefferson Property (Bruce Glen Property) (AMD) **Agenda Item:** DP 2015-29 **Type:** Discussion **Timestamp:** [01:24:44] The Planning Commission considered a request regarding the Poole & Jefferson Property, also known as the Bruce Glen Property. Tom Martin presented the matter to the Commission. The applicant requested an indefinite postponement of the plan. The Planning Commission approved this request by voice vote, allowing the project timeline to be extended without a specific deadline for resubmission. **Outcome:** Postponed indefinitely ## High Point Subdivision (Monon, Inc.) (AMD) **Agenda Item:** DP 2015-30 The Planning Commission considered a request for indefinite postponement of the High Point Subdivision plan submitted by Monon, Inc. [timestamp: 01:25:49] Tom Martin presented the matter to the Commission. The applicant requested that the plan be postponed indefinitely, and the Planning Commission approved this request by voice vote. **Outcome:** The plan was postponed indefinitely. ## Greendale Hills, Unit 2-B (8/2/15)* **Plan Identifier:** PLAN 2015-48F **Item Type:** Consent Agenda **Outcome:** Approved The Planning Commission considered the final subdivision plan for Greendale Hills, Unit 2-B during this consent agenda item [timestamp: 01:26:55]. The Subdivision Committee had previously reviewed the proposal and recommended conditional approval of the final subdivision plan. Key speakers on this item included Chris King and Tom Martin. The Planning Commission approved the item by voice vote. ## Coventry (Belmont Farm), Lot 6 (AMD) (8/2/15)* **Plan Identifier:** PLAN 2015-49F The Planning Commission considered an amended subdivision plan for Coventry (Belmont Farm), Lot 6. [timestamp: 01:26:55] The Subdivision Committee had previously reviewed this item and recommended conditional approval of the amended plan. Key speakers on this matter included Chris King and Tom Martin. The Planning Commission approved the item by voice vote. The amended subdivision plan was approved as presented. ## Mahan Property, Unit 1-L, Lot 23B (AMD) (8/2/15)* **Plan 2015-50F** The Planning Commission considered an amended subdivision plan for the Mahan Property, Unit 1-L, Lot 23B. [timestamp: 01:26:55] The Subdivision Committee had previously recommended conditional approval of the amended plan. At the Planning Commission meeting, the item was presented by Chris King and Tom Martin. The Planning Commission approved the item by voice vote. **Outcome:** Approved ## The Fairways at Andover, Unit 1-C (8/17/15)* **Project Identifier:** PLAN 2014-32F **Agenda Type:** Consent Agenda The Planning Commission considered a one-year extension of prior approval for The Fairways at Andover, Unit 1-C. The Subdivision Committee had recommended approval of the extension before it came before the full Planning Commission. **Key Speakers:** Chris King and Tom Martin **Outcome:** The Planning Commission approved the extension by voice vote [timestamp: 01:27:59]. ## 300 West Vine, LLC Property (9/2/15)* **Identifier:** PLAN 2013-53F **Item Type:** Consent Agenda **Overview** The Planning Commission considered a request for a one-year extension of a prior approval for the 300 West Vine, LLC property. [timestamp: 01:27:59] **Presentation and Discussion** Staff recommended approval of the one-year extension. Key speakers on this item included Chris King and Tom Martin. **Outcome** The Planning Commission approved the extension by voice vote. ## Williams Property, Lot 1 (AMD) (8/2/15)* **Identifier:** DP 2015-39 **Item Type:** Consent Agenda The Planning Commission considered an amended development plan for the Williams Property, Lot 1. [timestamp: 01:28:32] **Recommendation and Approval** The Subdivision Committee had previously recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote. **Key Participants** The discussion involved Chris King and Tom Martin. **Outcome** The amended development plan was approved. ## Chesapeake Equine (AMD) (8/2/15)* **Agenda Item:** DP 2015-40 The Planning Commission considered an amended development plan for Chesapeake Equine. [timestamp: 01:28:32] **Recommendation and Approval** The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote. **Key Participants** Chris King and Tom Martin were the key speakers on this agenda item. **Outcome** The amended development plan was approved. ## Kirklevington North, Tract B (AMD) (8/2/15)* **Item:** DP 2015-43 The Planning Commission considered an amended development plan for Kirklevington North, Tract B. [timestamp: 01:29:07] **Recommendation and Approval** The Subdivision Committee had previously recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote. **Key Participants** Chris King and Tom Martin were the key speakers on this agenda item. **Outcome** The amended development plan was approved. ## Waller Property (Northwood Subdivision) (Popeye's) (AMD) (8/2/15)* [timestamp: 01:29:07] The Planning Commission considered an amended development plan for the Waller Property in the Northwood Subdivision, identified as DP 2015-46. This item appeared on the consent agenda. The Subdivision Committee had previously reviewed the amended development plan and recommended conditional approval. Chris King and Tom Martin were the key speakers on this matter. The Planning Commission approved the item by voice vote. The outcome was approval of the amended development plan with conditions as recommended by the Subdivision Committee. ## Executive Park, Lot 1 (AMD) (8/2/15)* **Identifier:** DP 2015-47 **Item Type:** Consent Agenda The Planning Commission considered an amended development plan for Executive Park, Lot 1. [timestamp: 01:29:40] **Recommendation and Approval** The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote. **Key Participants** The discussion involved Chris King and Tom Martin. **Outcome** The amended development plan was approved. ## South Broadway Place (Sonic) (AMD) (8/2/15)* **Item:** DP 2015-48 **Overview** The Planning Commission considered an amended development plan for South Broadway Place (Sonic) at this meeting. [timestamp: 01:29:40] **Recommendation and Action** The Subdivision Committee recommended conditional approval of the amended development plan. The Planning Commission approved the item by voice vote. **Key Participants** - Chris King - Tom Martin **Outcome** Approved ## Thistle Station (8/2/15)* **DP 2015-44** The Planning Commission discussed a proposal for Thistle Station, with the meeting segment occurring approximately 1 hour and 31 minutes into the session [timestamp: 01:31:28]. **Background and Committee Recommendation** The Subdivision Committee had previously recommended postponement of this item due to compliance concerns that needed to be addressed before approval could be considered. **Presentation and Discussion** Staff and the applicant presented the plan to the Planning Commission. Key speakers during this discussion included Tom Martin and John Strigliano, who presented information and responded to questions about the proposal. Following the presentations, the Planning Commission reviewed the plan and considered revised conditions that had been prepared in response to the earlier concerns raised by the Subdivision Committee. **Outcome** The Planning Commission approved the Thistle Station plan with revised conditions [timestamp: 01:31:28]. The revised conditions addressed the compliance concerns that had prompted the Subdivision Committee's initial recommendation for postponement. ## Harvey Property (AMD) (8/2/15)* **Identifier:** DP 2015-41 The Planning Commission discussed a development proposal for the Harvey Property that included requests for waivers from standard requirements. [timestamp: 01:40:38] **Key Speakers:** - Tom Martin - Rena Wiseman **Proposal Details:** The applicant requested waivers for two standard requirements: - Sidewalk installation - Pavement depth specifications **Commission Action:** The Planning Commission approved the development plan subject to conditions. Notably, the Commission granted a waiver of the sidewalk requirement specifically on Tracery Oaks Drive, while maintaining other conditions for the project. **Outcome:** Approved ## Wynndale Subdivision, Lot 1 (8/2/15)* **Identifier:** DP 2015-42 The Subdivision Committee's recommendation for approval with conditions was presented for this agenda item. The Planning Commission subsequently approved the subdivision plan with conditions. [timestamp: 01:57:34] **Key Speakers:** - Tom Martin - Dick Murphy **Outcome:** The plan received approval. A notable modification was made during the review process: the requirement for a median in the cul-de-sac was removed as part of the conditional approval. ## Headley Subdivision, North Broadway Park Addition & Carr Builders (Embrace United Methodist Church) **Agenda Item:** DP 2015-45 **Discussion Type:** Development Plan Review **Key Speakers:** Tom Martin, Chris Westover **Outcome:** Approved with conditions The Planning Commission reviewed the development plan for the Headley Subdivision, North Broadway Park Addition, and Carr Builders project involving Embrace United Methodist Church. [timestamp: 02:12:40] The Subdivision Committee had previously recommended postponement of this item due to compliance concerns that needed to be addressed before moving forward. The Planning Commission ultimately approved the plan, though with specific conditions attached to the approval. One significant condition involved resolving facade design issues related to the project. These design concerns required modification or clarification before the project could proceed to the next phase. The approval represented movement forward on the project after the initial committee recommendation for delay, indicating that the applicant had addressed or agreed to address the primary concerns that had prompted the postponement recommendation. ## James W. Atkins Property (8/25/15)* **Identifier:** DP 2015-50 **Overview** The Planning Commission considered a subdivision proposal for the James W. Atkins Property. The item was discussed approximately 2 hours and 33 minutes into the meeting [timestamp: 02:33:10]. **Committee Recommendation** The Subdivision Committee recommended approval of the plan with conditions. **Key Speakers** - Tom Martin - Matt Carter **Planning Commission Action** The Planning Commission approved the subdivision plan with conditions. During their review, the Commission deleted a requirement that would have mandated discussion of the loss of sidewalk connection on the property. **Outcome** The proposal was approved. ## Elizabeth Brooks Bullitt a/k/a Betsy Brooks Bullitt – Petition for Zone Map Amendment [timestamp: 02:45:22] The Planning Commission considered a petition from Elizabeth Brooks Bullitt (also known as Betsy Brooks Bullitt) requesting a zone map amendment and variance. The applicant sought to modify ND1 restrictions and obtain approval for fence height variance. **Key Speakers:** - Tracy Wade - Jimmy Emmons - Darby Turner **Outcome:** The Planning Commission approved both the zone map amendment and the fence height variance requested by the applicant. ## Temporary Cellular Towers The Planning Commission reviewed two applications for temporary cellular towers during this meeting [timestamp: 03:06:39]. **Applications Reviewed** The Commission considered temporary cell tower applications for two locations: - Keeneland - Kentucky Horse Park **Key Speaker** Barbara Akers presented information regarding the temporary cellular tower applications. **Outcome** The Commission approved the Keeneland application. The approval included a requirement for an 8-foot fence around the tower installation. --- ## Decisions - **Motion** — postponed: Indefinite postponement of DP 2015-29: Poole & Jefferson Property (Bruce Glen Property) (AMD) - **Motion** — postponed: Indefinite postponement of DP 2015-30: High Point Subdivision (Monon, Inc.) (AMD) - **Motion** — passed: Approval of consent agenda items as recommended by Subdivision Committee and staff - **Motion** — passed: Approval of DP 2015-44: Thistle Station with revised staff recommendations - **Motion** — passed: Approval of DP 2015-41: Harvey Property with 10 conditions and waiver requests - **Motion** — passed: Approval of DP 2015-42: Wendell Subdivision with 13 conditions and modification to condition 15 - **Motion** — passed: Approval of DP 2015-45: Headley Subdivision with 14 conditions, changing condition 14 to 'resolve' - **Motion** — passed: Approval of DP 2015-50: James W. Atkins Property with 13 conditions, deleting condition 14 - **Motion** — passed: Release and call of bonds as presented in memorandum dated June 11, 2015 - **MARV 2015-9** — passed: Approval of zone map amendment for Elizabeth Brooks Bullitt to modify ND1 restrictions on property at 810 Montclair Drive - **MARV 2015-9** — passed: Approval of variance for height of front yard fence for Elizabeth Brooks Bullitt - **Motion** — passed: Approval of temporary cell tower at Keeneland with an 8-foot security fence --- ## Full transcript Thank you. It's not clinging to the rocks and ivy planted on their columns now that binds me Or something that somebody said because they thought we'd fit together walking It's just knowing that the world will not be cursing or forgiven When I walk along some railroad track and find Moving on a back road by the rivers of my memory And for hours you're just gentle along the line Well, I dipped my cup of soup back from the gurgling crack and caught burning in some train yarn My beard, a rough and cold pile and a dirty hat put low across my face Cup cans round a tin can, I pretend I'll hold you to my breast and find That you're waving from the backcourt By the river of my memory Every smile and every gentle on my mind Be, let I be, let I will, let I be Ooh, ooh, ooh I'll sleep all day, out all night I know where you're going I don't think that's acting right You don't think it's showing I'm jumping up, falling down Don't misunderstand me You don't think I know your plan What you trying to hand me Thank you. guitar solo I don't know. Sleep all day. I know what you're doing. If you're gonna act that way, I think there's trouble brewing. We'll be right back. We'll see you next time. Thank you. Jacko and the limbo stick All around the limbo clock Hey, let's do the limbo rock Limbo lower now Limbo lower now How low can you go? First you spread your limbo beat Then you move to limbo beat Limbo ankle, limbo knee Bend back like the limbo tree Jack be limbo, Jack be quick Jack go under limbo stick All around the limbo clock Hey, let's do the limbo rock La la la la la la la You'll be a limbo star. How low can you go? Just off of the beaten path A little dot on a state road map That's where I would mourn and where I'll die Things move at a slower pace Nobody's in the rat race And these days that's a special way of life Down home, where they know you by name And treat you like family Down home, a man's good word And a handshake are all you need Folks know, if they're falling on hard times They can fall back home Those of us raised up down home In the corner of the hardware store Gathered round a checkered board Old men tellin' lies and crownin' kings Kids drivin' round the old town square Tops roll down in the cool night air Go and see what's shaking at the Dairy Queen Down home, where they know you by name and treat you like family Down home, a man's good word and a handshake are all you need Folks know, if they're falling on hard times, they can fall back on Those of us raised up down home When I was a boy I couldn't wait to leave this place Now I want to see my children raised Down home Down home Folks know, if they're falling on hard times, they can fall back on Those of us raised up down home Where they know you by name and treat you like family Down home, a man's good word and a handshake are all unique Folks know if they're falling on hard times, they can fall back on. Those of us raised up down home. Down home. Way down home. Down home. Down home, down home, way down home Down home, yeah, it's now I remember how it used to feel, riding down old two-mile hill. Tennis shoes up on the handlebars, paying no mind to the passing cars. No doubts, no fears, just like when you are here. No chains, no strings, no fences, no walls, no net. Just you to catch me when I fall. Look hard, no hands. It took a little time to get up to speed, to find the confidence and the strength I'd need, to just let go and reach for the sky. You know, sometimes it felt I could fly. No doubts, no fears, just like when you are here. No chains, no strings, no fences, no walls, no net, just you to catch me when I fall. Look hard No hands It doesn't take much Just a smile or a touch And I'm a kid again I can almost feel that wind No chains No strings No fences No walls No net Just you To catch me When I fall Look hard No hands Look hard No way I ain't gonna ride no rail or hitchhike down the highway I ain't going nowhere, feeling the way I do Because my baby's long gone and nothing's going my way I'm gonna let this muddy water just wash away my blues It's gonna take a lot of river to keep this broken The Still. There wouldn't be no woman who could ever take my love and didn't do me wrong. I could work all day with nothing in the world. It's going to take a lot of river to keep this broken heart afloat. Going to take a lot of river running on the live long day. Gonna take the Mississippi To Monongahela and New Ohio Gonna dig a lot of river To wash these blues away Is she in New Orleans? Is she a Cajun queen? I wonder what she's doing now But if I know her She's got friends and furs Struggling along somehow It's gonna take a lot of river To keep this broken heart afloat Gonna take a lot of river Running all the live long days Gonna take the Mississippi From Monon, Manila and the Ohio Gonna take a lot of river To wash these blues away It's gonna take a lot of river To keep this broken heart afloat Gonna take a lot of river Running on the live long day Gonna take the Mississippi From Monongahela and the Ohio Gonna take a lot of river To wash these blues away It's gonna take a lot of river To wash these blues away I had big plans for our future Said I'd give you the whole world somehow I tried making good on that promise Thought I'd be so much further by now Never could build you a castle Even though you're the queen of my heart But I've had the best of intentions from the start Now some people think I'm a loser Cause I seldom get things right But you make me feel like a winner When you wrap me in your arms so tight Please tell me you will remember No matter how much I do wrong That I had the best of intentions all along I gave you a ring And I promised you things I always thought we'd do. But my best laid plate slipped right through my hands to show my love for you. And if you could read my heart, then you'd know without exception it was all. With the best of intentions I gave you a break And I promised you things I always thought we'd do But my best laid place Slipped right through my hands To show my love for you And if you could read my heart Then you'd know without exception It was all with the best of intentions So here I am asking forgiveness And praying that you'll understand Don't think I take you for granted Girl, I know just how lucky I am Oh, you deserve so much better You won't find devotion more true Cause I've had the best of intentions Girl, I've had the best of intentions Yes, I've had the best of intentions Loving you Oh guitar solo Do me a favor, open the door and let them in. Ooh, yeah. Someone's knocking at the door, somebody's ringing the bell. Someone's knocking at the door, somebody's ringing the bell. Do me a favor, open the door and let them in. Yeah, let me live. guitar solo Phil and Doug Brother Michael Antigen Whoopin' the door of The enemy Oh yeah ¶¶ Let them in Oh yeah I'm knocking at the door Somebody ringing a bell Someone's knocking at the door Somebody ringing a bell Do me a favor Open the door And let them in Oh yeah, yeah Let them in Now, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do, do Still undone, ooh, Uncle Ernie, Uncle Ian, ooh, open the door, let him in. Yeah, yeah. Someone's knocking that door, somebody ringing a bell. Someone knocking that door, somebody ringing a bell. Fill me a veil Open the door And let them in Yeah, yeah, yeah, yeah, yeah Thank you. Good times. This is the good times. Leave your cares behind Think of the good times Good times Think of the good times Our new state of mind Think of the good times Happy days are here again. The time is right for making friends. Let's get together about a quarter to ten. Come tomorrow, let's all do it again. Boys will be boys, better let them have their toys. Girls will be girls, cute ponytails and girls. Must put an end to the stress and stride. I think I want to live the sporty life. Good time. Think of the good time. Leave your cares behind. Think of the good time. Good time. Think of the good time. All you stay in the mood Free from the good time I knew the hats are back It's getting late Time marches on Just can't wait The clock keeps turning Why hesitate Your cellophane You can't change your fate Let's cut the rug Little child and ginger bun We want the best We won't settle for less Don't be a drag Participate Clamps on the half shelf And roller skates Roller skates Think of the good times Leave your care behind Good times. Good times. All you stay alive. Good times. Thank you. Hey, pretty baby, are you ready for me? Yeah, it's a good rockin' daddy down from Tennessee I'm just that off from Bavisantone With a radio blastin' and a bird doggone Yeah, the beach travel ahead the sound of town But no local yoke gonna shut me down Cause me and my boys got this rigging round And we'll come a thousand miles from a guitar jam Nothing ever happened around my hometown And I ain't kinda just hangin' around But I heard someone callin' my name one day And I followed that voice down a lost highway Everybody told me you can't get far On $37 and a chap guitar Now I'm smoking into Texas with a hammer down And a rocking little combo from the guitar Hey pretty baby, don't you know it ain't my fault Love to hear the steel bells humming on the asphalt Wake up in the middle of the night In a truck stop, stumble in a restaurant Wonder why I don't stop Well, I gotta keep rocking while I still can Got a two-pack habit and a motel tan When my boots hit the boards, I'm a brand new man With my back to the rise, I'll make my stand Hey, pretty baby, won't you hold me tight I'm loading up and rolling out of here tonight One of these days I'm gonna settle down And take you back with me to the guitar town You can tell the world You never was my girl You can burn my clothes When I'm gone Oh, you can tell your friends Just what a fool I've been And laugh and joke about me on the phone You can tell my arms Go back into the barn You can tell my feet to hit the floor Or you can tell my lips To tell my fingertips They won't be reaching out for you no more Don't tell my heart My aching, breaking heart I just don't think he'd understand And if you tell my heart My achy, freaky heart He might blow up and kill this man Ooh You can tell your mom I moved to Arkansas You can tell your dog to bite my leg Or tell your brother Cliff His fist can tell my lip He never really liked me anyway Or tell your aunt Louise Tell anything you please My self already knows I'm not okay Or you can tell my eyes To watch out for my mind It might be walking out on me today Don't tell my heart My achy, breaky heart I just don't think he'd understand And if you tell my heart My achy, breaky heart He might blow up and kill his plan Ooh Don't tell my heart, my achy-breaky heart, I just don't think he'd understand. And if you tell my heart, my achy-breaky heart, he might blow up and kill his man. Don't tell my heart, my achy-breaky heart, I just don't think he'd understand. And if you tell my heart My achy-breky heart He might blow up and kill this man Ooh, ooh, ooh guitar solo alone. And now you're sorry. You're lonesome and scared. And you say you'd be happy if you could just come back home. Well, here's a quarter. Call someone who cares. Call someone who'll listen And might give a damn Maybe one of your solid affairs But don't you come around here Handing me none of your lies Here's a corner Call someone who cares Yeah Well, I thought what we had Could never turn back So you're leaving Caught me unaware But the fact is you're the wrong girl that can't be undone So here's a order for someone who cares Call someone who'll listen and might give a damn Maybe one of your sort of fans But don't you come around, they're handing me Not on love, your mind Here's a quarter, call someone who cares Here's a quarter, call someone who cares I was a highway man Along the coach roads I did ride With sword and pistol by my side Many a young maid lost her bobbles to my trade Many a soldier shed his lifeblood on my blade The bastards hung me in the spring of twenty-five But I am still alive I was a sailor I was born upon the tide With the sea I did abide I sailed a schooner around the Horn of Mexico I went aloft to curl the mainsail in a blow And when the yards broke off they said that I got killed But I'm living still I was a dam building Across the river deep and wide Where steel and water did collide A place called Boulder on the wild cauliflower I slipped and fell into the wet concrete below They buried me in that gray tomb that knows no sound But I'm still around I'll always be around and around and around and around I'll fly a starship Across the universe divine And when I reach the other side I'll find a place to rest my spirit if I can Perhaps I may become a highwayman again Or I may simply be a single drop of rain But I will remain And I'll be back again and again and again And again and again and again guitar solo Woke up the telephone screaming, boss man singing his same old song. ORCHESTRA PLAYS ¶¶ ¶¶ ¶¶ ¶¶ ORCHESTRA PLAYS All right. Y'all ready? Okay, Kenny. Okay. Ready? All right. Well, welcome, welcome, welcome to everyone who's here, who's joined us today. Commissioner Heather French-Henry and members of the Traveling Tribute Vietnam War Wall Committee. You all have really been working hard on this project, this remarkable project. Jack Mattingly, James Belmont with the Veterans Administration, Doug Morgan, Donnie Spickard from Home Depot, which is sponsoring this event, and from our police department, Lieutenant Andrew Dougherty. Thank you all for being here. Thanks to all of you and to the Kentucky Horse Park for making this day possible. The city welcomes the opportunity to be a partner in this project that's being sponsored by the Kentucky Department of Veterans Affairs. And we are so glad, we are so honored that Commissioner Henry has joined us today for an exciting announcement. She is doing such a remarkable job in this role of representing veterans and of representing history. our wounded and the fallen heroes of freedom. So thank you, Commissioner. Thank you for being here with us. It's a pleasure. Oh, thank you. Well, it's a pleasure to see everyone here today. I would like to thank you for coming out for this opportunity for remembrance and for healing. And thank you, Mayor, for being a part of this wonderful effort. We couldn't do it without the city of Lexington. So thank you for your leadership and your guidance, certainly. The Kentucky Department of Veterans Affairs through a grant from the Veterans Program Trust Fund is proud to be able to present to you the AVTT Traveling Vietnam Wall at the Kentucky Horse Park on July 9th through the 12th. This wall is the largest of all of the mobile walls, which means you will have an opportunity to actually get a rubbing of the name of your loved one, of your friends who are on the wall, just like you would at the Vietnam Memorial in Washington, D.C. So I want to thank a lot of groups for making this a reality. Our staff at the Kentucky Department of Veterans Affairs, the Lexington VA Medical Center with Mr. and his crew, Vietnam Veterans of America represented today by Jack Mattingly, the Vietnam Veterans Motorcycle Club, the Lexington Metro Police who are here with Lieutenant Dougherty, the City of Lexington Mayor. Your staff has been outstanding to work with, with Susan Straub who is on our committee. We also have the Kentucky National Guard who will be providing a tent and sandbags. There's all types of intricacies that go into bringing this wall in, and sandbags are even part of that that we have to get. The Kentucky Horse Park has just bent over backwards in trying to facilitate everything that we need. When you bring in a wall of this size and this caliber, you need about two separate ways worth of space. And so we're proud to be able to announce that the wall will be located at the Kentucky Horse Park by the All Tech Arena and the soccer fields that are right in front of the All Tech Arena. So it's going to be a very prominent place that will be well seen and visible from the highway. And we'll have some of that. So if people haven't seen it, we'll see it certainly as they can. Also, the Kentucky Military History Museum, who is playing a very interesting part. Flags for Vets, who will be having a flag memorial field that will honor all of our Kentucky fallen heroes who are on the wall. and the U.K. Student Veterans Organization, who will be pulling the all-night volunteer shift because they're a little younger than all of us. We would be good with that. We have wonderful sponsors that we could not do this without. All Tech, of course, has stepped up to the plate. Bryant's Rental, Embassy Suites, Marriott Griffingate, Home Depot, Donnie, of who is here in his orange. Home Depot never says no, and they're going to be providing a lot of support structure for us. the American Legion, we have the Fayette County Sheriff's Office, and the Lexington Fire Department, just to name a few. Again, it takes an entire village to bring this in. Bringing the AVT traveling Vietnam War to the Kentucky Horse Park is important for many reasons. KDVA, as well as many of our committee members, are partners in the 50th Vietnam Commemoration to commemorate the beginning and the end of the Vietnam War. It also speaks to our role for remembering women veterans. There are eight women who are on the wall, and as a part of our Kentucky Women Better and Unite 2015 campaign, we will be honoring the women on that wall because it's important that we pay tribute to them. Because in all of my wall experiences, whether it's one of the mobile walls or whether in D.C., the women are rarely given due appearance in speeches and being notified on that wall. So we're going to be able to do that for them. Also, it gives us the opportunity to create a conversation about sacrifice and service. You know, as the daughter of a Vietnam veteran, my dad was wounded December 27, 1968. And one of his best friends is on panel 40, Charlie Smith from Louisville, Kentucky. When my dad was medevaced out, Charlie went on to fight two more battles before he met his fate. And so every panel, every name on that wall is important to a family, to a loved one. and it is our American duty to make sure we remember their sacrifice and their service. It's personal to me. It's personal to those of us who are involved. And we want to make sure that everyone in this area understands that paying remembrance to sacrifice and service should be personal to them as well. I always say that community in the Webster's Dictionary means joint ownership. And this is the time for us to be able to take ownership in remembering that sacrifice and service. The wall will be arriving on July 8th, so they'll be escorted in in grand fashion as you can get a lot of wonderful motorcycles. Many veteran workers at the County Sheriff's Department are going to be responsible for bringing the wall in. We'll be right on the highway to see a delay in a convoy of bringing that wall in. We'll be putting the wall together. It'll take volunteers to help put that wall together. I've never been involved in this experience for me as a way to say thank you. The park will be open on July 9th at 12 p.m. and be open 24 hours a day until July 12th at 3 p.m. So if you choose to want to come during the quiet hours in the middle of the night, the park will be open for you to do so. And that's important. Admission and parking will be free. All you have to do is state at the main gate of the Kentucky Horse Park that you're there to visit the traveling Vietnam Wall, and they will let you through, guide you toward the All Tech Arena where you will have parking, and we'll have lots of volunteers if you need assistance getting to the wall. We have road access that will go right from parking to the wall. So we'll make sure that everyone has the right and the ability to be able to visit and touch the wall. So on July 10th, we have an official opening ceremony at 10 a.m. that features Governor Beshear and General Dan Cherry, a Vietnam veteran fighter pilot who wrote a book called My Friend, My Enemy, My Friend, an amazing story of healing. We will also have from the National Commemoration Committee, General Jackson, who will be here to talk about what it means to be part of the 20th commemoration of Vietnam. Then at 9 p.m. we'll have a candlelight ceremony that the Vietnam Veterans Remembrance will be hosting. It should be quite moving at 9 p.m. July 11th, it will open all day, 24-hour day. At 5 p.m. we will have a Women Veterans Remembered service, talking about the eight women who are on the wall and women played during Vietnam and the Vietnam era. At 9 p.m. we will have another candlelight ceremony that will be hosted by KDVA. And again, all of these events are open to be a part of them. July 12th, it'll be open until 3 p.m. So 3 p.m. is when we officially have to start taking down the wall. At 9 a.m., there's a Sunday service that you can partake in at the wall. It's a non-denative service, and that should be at 9 a.m. 12 p.m. is our official closing ceremony. The Vietnam Veterans Motorcycle Club is going to be organizing that. So if you ride a motorcycle and you support veterans, you don't have to be a veteran to partake in this, certainly. But you're going to have a lot of brothers and sisters who do, who are going to be at that wall at 12 p.m. for the official closing ceremony. We have a locator table. If you come out and you want to find a name, we'll be able to find that name on that panel, on that line, so you too can visit those names that are precious to you. We're also mindful that many people may choose to come and leave items at the wall. If you've been to the wall in Washington, D.C., people choose to bring items of remembrance, to say thank you, certainly, and you're able to do that. The Kentucky Military History Museum will be collecting all of those unique items and archiving those for our purpose at the Kentucky Military History Museum. We thank them certainly for that. So we're honored to have so many wonderful partners. Again, we could not do this. Anyone who's been a part of Bringing a Wall in knows how large of a project this is. But it's our way to be able to bring the conversation of sacrifice and service to the Lexington community and the cities in the surrounding area. So we are honored to be able to do our part from the Kentucky Department of Veterans Affairs in making sure that the message of patriotism survives. And we can officially welcome home some of the brothers and sisters that will be coming to the wall. And we can officially say thank you to those names who are on the wall. So thank you all for being here today. Mayor? Don't run off. Commissioner, you always do a remarkable job, and we all know that this is a wonderful and extraordinary opportunity to remember. As a city, we are honored that we can have this chance to acknowledge veterans, those wounded and fallen, especially in the Vietnam conflict. We're now happy to take questions. Commissioner knows all well. If she doesn't know all the answers, she knows how to get help. So anybody who has some questions, happy to take them now. We good, Kenny? Okay. This wall is actually any city, any organization is able to go on the AVTT website to see the schedule for the wall. but we actually were able to get sponsorship to bring it in from wherever it is going to be before us. We allocated that July 8th through the 12th was going to be the time that we could facilitate the wall coming in and fit in their schedule. So it's not that it just happens to be coming through here. Groups certainly pay the sponsorship fee to bring it into. So I'm not quite sure where it's going after it leaves us. I was able to see it in Radcliffe, Kentucky. They just had it there, so it was wonderful to meet the driver and to be able to see it for myself in person. And I will tell you, the organization we work with is wonderful. There are many different versions of the Vietnam Wall that do travel. This particular one is the AVTT Traveling Vietnam Wall. I do want to give some statistics. We do have 1,104 Vietnam veterans who were killed in action who are Kentuckians. We also have 14 Kentuckians that are still unaccounted for, and we will be reading their names at the wall as well. Total number of POWMIA as of April 2015 in the entire country is 1,627 of our Vietnam veterans that have yet to be identified and brought home. total names on the wall, 58,307. And that was last taken on Memorial Day, this past Memorial Day, May 25, 2015. And we have eight women who are on the wall. So it's quite significant in its impact to Kentucky. With over 1,000 names, that's pretty significant for us. Okay. Excellent. All right. Thank you all so much. Thank you. Thanks, everybody. Thank you. Well, I guess it never hurts to hurt sometimes. Oh, you're always in my heart. And you're often on my mind. I will never let it die. Just as long as I'm alive. Sometimes it makes me sad. That we never said goodbye Well, I guess it never hurt To hurt sometimes No, I guess it never hurt To hurt sometimes Thank you. Holiday Celebrate Holiday Celebrate If we took the holiday Took some time to celebrate Just one day out of life It would be It would be so nice Everybody said the word We're gonna have a celebration All across the world In every nation It's time for the good times Forget about the bad times, oh yeah One day you'll come together to relieve the pressure We need a holiday If we took a holiday Take some time to celebrate Come on, let's celebrate Just one day out of life Holiday It would be It would be so nice You can turn this world around And brings back all of those happy days Put your trouble down It's time to celebrate Let love shine And we will find A way to come together Can make things better We need a holiday We took a holiday Holiday Sometimes celebrate Celebrate Just one day out of life Just one day It would be It would be so nice Holiday Celebrate Holiday Celebrate If we took a holiday Oh Lord, oh yeah Take some time to celebrate Come on, let's celebrate Just one day out of life Holiday It would be It would be so nice Holiday Celebrate Holiday Well, I'm a hunky-talker man Ain't a great scene to stop Love to give the girls a whirl to the music of an old goodbye When my money's all gone, I'm on the telephone Singing, hey, hey, mama, can you daddy come home? Well, now I'm living wild and dangerously I've got to live on for me The moon comes up and the sun goes down I can't wait to see the light of the town Cause I'm a honky-toned man And anything seems to stop Love to give the girls a word To the music of an old goodbye And when my money's all gone, I'm on the telephone Singing, hey, hey, mama, can your daddy come home? Well, I'm a honky-ton man And I can't seem to stop Love to give the girls a whirl To the music of an old cute box And when my money's all gone I want to tell the phone Singing, hey, hey, mama Can your daddy come home? Hey, now a pretty little girl And a jug of wine Well, that's what it takes To make a honky-tonk time A cute box And those honky-tonk sounds I can't wait to leave my money back Cause I'm a honky-tonk man And I can't see you stop Love will give the girls a word To the music of an other Dubai When my money's all gone I'm on the telephone Sing a hey, hey, mama Can your daddy come home? I'm a honky-tonk man And I can't see you stop Let's give the girls a whirl Till the music of an old Dubai When my money's all gone I'm on the telephone Singing, hey, mama, can your daddy come home? I lost her trail on a Friday night She was gone before I got home She'd been getting restless In that big house all along Diving up and down these city streets We're three nights in a row And Lord, it's hard to find that girl When she gets the urge to go It's kinda like a lost and found in a border town You're asking about a diamond ring They just look at you like you've lost your mind Say they haven't seen a thing But I know she's been here lately I can still smell her perfume And she gets crazy on the phone I know she'll be coming back Her cars are waiting right outside But I don't want to think about Who's taking her for a ride And her unpredictability Is what I love about her best But I got to find her quick For she does something I'll regret It's kind of like a lost and found in a border town You're asking about a diamond ring And just look at you like you've lost your mind Say they haven't seen a thing But I know she's been here lately I can still smell her perfume Yeah, she gets crazy on the woman She's out there somewhere I'm burning up the night Somehow I got to run her down I'm running out of time It's kind of like I lost and found in a border town Asking about a diamond ring They just look at you like you've lost your mind I say they haven't seen a thing But I know she's been here lately I can still smell her perfume Yeah, she gets crazy on a fool It's kind of like a lost me sound in a water town You ask about a diamond ring They used to look at you like you've lost your mind Say they haven't seen a thing ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ ¶¶ Thank you. Thank you. It is June 11, 2015. We have no minutes for approval today, so we'll move to any postponements or withdrawals from today's agenda. Anyone in the audience have any postponements or withdrawals? Mr. Martin. Mr. Chairman, we could direct the Planning Commission's attention to page 3 of your agenda under Development Plans, DP 2015-29, Poole and Jefferson property. This is property located at 3390 Richmond Road. Staff has received a written request by the applicant for an indefinite postponement. Thank you. Anyone in the audience wish to speak to this request for a postponement? Commission members? If not, I'll entertain a motion. Mr. Chair. Move indefinite postponement of DP 2015-29. Thank you. Motion's been made and seconded for indefinite postponement of Poole and Jefferson property. Please vote. Motion passes. Mr. Martin. Mr. Chairman. Remaining on page three of your agenda, item B, DP 2015-30, High Point Subdivision. This is property located at 1123 Winchester Road. Staff has received a written request from the applicant for an indefinite postponement. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion. Mr. Chairman, move indefinite postponement of DP 2015-30. Thank you. Do we have a second? Motion has been made and seconded for indefinite postponement. DP 2015-30, High Point Subdivision, please vote. That motion also passes. Any other requests for postponements or withdrawals from today's agenda? Seeing none, we'll move to any possible consent agenda items, and I'll ask Mr. Salee to take us through that. Thank you, Mr. Chairman. Members of the Commission, good afternoon. I'm very glad to tell the commission that most of your agenda items are on the consent agenda this afternoon. There are three final subdivision plans that have been recommended for conditional approval by your subdivision committee that are on that agenda. The first is the very first item on your agenda on page one, item A, plan 2015-48F, a final record plat for Greendale Hills Unit 2B for property at 2930 Spur Road. The next item on your agenda is also on the consent agenda, Plan 2015-49F, Coventry, also known as Belmont Farm, Lot 6 amended. This is for property with an address of 2350 Georgetown Road. On page 2, Item C, this plat is also on the consent agenda, Plan 2015-50F, the Mayhem property, Unit 1L, Lot 23B amended. This involves property with an address of 245 Manitoba Lane. There is one plan recommended for approval of a one-year extension by your subdivision committee that appears on the consent agenda. It is on page 2, item D of your meeting agenda, plan 2014-32F, the fairways at Andover, unit 1C. This property has an address of 3435 McFarland Lane. There is also a final subdivision plan recommended for a one-year extension by your staff. That is page 3, item E, plan 2013-53F, 300 West Vine LLC property. This property has an address of 307-315, 317-331, and 343 South Broadway. There are six development plans recommended for conditional approval by your subdivision committee on the consent agenda. The first is page 4, item C, DP 2015-39, the Williams property, lot 1 amended. This property has an address of 3,400 Todd's Road. On page 4, item D, this plan is also on your consent agenda, DP 2015-40, an amended final development plan for Chesapeake Equine located at 1024 Greendale Road. On page 5, item G, this plan is on your consent agenda, DP 2013-43, Kirk-Levington North, Track B, an amended final development plan for property at 858 Malibu Drive. On page 6, item J, DP 2015-46, Waller Property, also known as Northwood Subdivision, and Popeyes. This is an amended development plan at 115 East New Circle Road. The next item on your meeting agenda is also on the consent agenda. Page 7, item K, DP 2015-47, an amended final development plan for Executive Park Lot 1. This property has an address of 2845 Palumbo Drive. The final item on your consent agenda is the next item on your meeting agenda, page 7, item L, DP 2015-48, an amended final development plan for South Broadway Place, also known as Sonic. This property has an address of 1026 South Broadway. Mr. Chairman, at this time, the Commission can consider approving these items as recommended either by your subdivision committee or the staff, unless a member of the Commission, a member of the audience, or perhaps an applicant would ask to have one of these items removed to allow further discussion. Thank you. Thank you, Mr. Saleh. Anyone in the audience wish to have any one of these items removed and be heard? Any Commission members? if not I'll entertain a motion on the consent agenda as read mr. pen mr. chairman I move approval of the consent agenda as presented thank you do have a second motion has been made and seconded by mr. Richardson for the approval of the consent agenda is read please vote that motion passes thank you very much We'll move on to the regular agenda with the indulgence of the Planning Commission and their approval. I've had one request due to a personal family situation. A member of the Thistle Station having a need to catch a plane for a funeral to take that out of order and be heard. It's been very appropriate due to family situations. We'll take that first. It's DP 2015-44. thistle station is at the bottom of page five. You do have a revision that is before you on a salmon sheet of paper. Mr. Martin. Mr. Chairman, members of the Planning Commission. DP 2015-44 Thistle Station. This is a final development plan that's before you today. As Mr. Owens stated, we do have a handout for the Planning Commission with revised conditions. This is a development department. Oh, all right. I'm on? Yeah, I'm on. If I can hear myself, I'm on. That's pretty good. All right. We are at Newtown Pike in this location with the railroad right-of-way coming in here. Third Street intersection is just here off the plan. Here we have King Street right-of-way. It runs through the property. Fourth Street, West Fourth Street is located here. As I'm sure you recall, this was the B-1 form-based zone change that you saw recently. They are back before you today with their final development plan. There are, for the most part, it resembles the plan you approved of the ZDP. Here you have the multi-story, 16-story building with a step down. You can see here the elevation with a pool deck. This is a residential over a commercial on the first floor, retail here. Here is an open plaza and gathering area in this location. The most significant difference on this particular plan is that this retail and residential building, two-story building that was located here on 4th Street, was originally on this side with the access over here. Now, they have changed that, and it in many ways has improved the access directly into the property. You can see large pedestrian facility located here. That was a concern, as you may recall, with staff and with meeting the form-based code. They're offering a pedestrian and a plaza, especially public area here, to assist with their orientation with West 4th Street. Again, at the time of your zone change, staff emphasized the fact there had been a study done on 4th Street, and it was important that development matched the character of 4th Street. This is what they are showing in this location. The plan, in terms of numbers from the ZDP, has not changed. There are 264 parking spaces provided. They are required 261. There is over 171,000 square feet of residential space. That is 202 dwelling units on this development. The commercial space is a little over 30,000 square feet total. The entire site is just over three acres. At the time that the plan, the ZDP, was approved, a character study was submitted to this body and approved by the body. And at that time as well, there were concerns that I briefly touched on with the applicant meeting the requirements of that character study, as well as the form-based code in the B-1 required supplemental information. Staff has received the supplemental landscape information, which was of extreme importance in our view to meeting the intent of the form-based. That exhibit is on file with us. In essence, what you see here is room and Article 18, your zoning ordinance requirements with perimeter and interior landscaping. The exhibit demonstrates additional landscaping within the islands, within these areas, and in this area as well. So that concern has been addressed to the staff's satisfaction. Another item of concern that you see here, and it's on the landscape exhibit as well, Newtown Pike has a council ordinance, a landscape ordinance. It requires trees every 50 feet on center. These are a large species tree that will grow to be large trees when they mature. That is indicated here on this plan, and as I said, they have also addressed that in their landscape plan. The pedestrian facility that runs through and connects to 4th and connects the property was also a concern that the applicant has now addressed. As I already stated, the orientation to 4th Street was very important, and this is a two-story building, providing public space here is very important staff felt to the fourth street and of course this large plaza here is adds to the orientation to newtown you can see from your handout we have fairly standard development plan sign-offs we do have a condition that states that the property shall be developed in compliance with a character and context study that was submitted and approved Again, I touched on that. That's one that's been handed out. You all have reviewed that and adopted that as part of this plan. And then a little blurb, a little situation kind of popped up. I mentioned King Street. King Street is closed in this area. There was a request done, and it was closed. There was some confusion as to its status as it goes through the property. Well, that section was not closed per that ordinance. It is still right-of-way. So that's the last condition you see on the plan. They will need to have this right-of-way closed prior to the certification of this plan. Staff received an email from the applicant's attorney. He has initiated that process with Public Works. so they are on top of that situation and are addressing it with that I'll be happy to answer any questions you may have and again I would just your staff is recommending approval of this development plan thank you Mr. Martin any questions for Mr. Martin if not thank you sir Mr. Simpson anything to add Thank you, Mr. Chairman. On behalf of John Strigliano, I appreciate the indulgence of bringing this item first on the agenda. He does have to leave for a funeral for a family member in Texas, so we appreciate that. We agree. Obviously, we spent a lot of work on this project with the staff, and we endorse Mr. Martin's recommendation for staff approval, and we hope that you will too. Thank you. Thank you. Anyone else in the audience wish to speak on this plan? Seeing none, I'll close this part of it, open it up for any discussion among commission members and or motion. Mr. Wilson? Mr. Chairman, if you're ready, I'll just make a motion. Unless there's any questions, feel free to. If not, then, Mr. Chairman, I would move approval for DP 2015-44 Thistle Station with the recommended, with the items identified by staff. Thank you. Motion's been made and seconded for approval of DP 2015-44 with the revised staff recommendations. Please vote. That motion passes. Thank you, folks. Good luck on your flight. condolences to the family. As far as the regular agenda now, I think we move to page 6, DP 2015-45, Headley Subdivision. You do have a, is that next? No, I'm sorry. Let me back up. I'm sorry. We moved to page five, Harvey property, DP 2015-41. You do have before you two waiver requests that you'll find on the typical white sheets. Thank you. located at 2200 Tracery Oaks Drive. This is a plan, of course, that you have seen now on a couple of occasions. We have Harrodsburg Road. It's an old school house lane, which runs parallel to Harrodsburg Road. Military Pike is here. And, of course, we have South Elkhorn and Ramsey's and that development in this location. Here we have English Station. a neighborhood that's been in this location for some time now. This is the Tracery Oaks Drive in this location. Here is where it will terminate at the Greenway. This is Twain Ridge Drive, which runs from here all the way over to Clay's Mill Road. Here is Agape Drive along with the cul-de-sacs. These are the single-family homes. This is the apartment complex that's been approved. And here's our bur oak tree. The plan, the amendment that you see before you is actually a simple, small tweaking of the plan. They've adjusted a couple of building footprints a little bit and a slight mix on the unit types. But the numbers haven't changed. There's 196 units. There's 344 bedrooms. They're providing 401 parking spaces. The layout is basically the same as approved. Again, they're just tweaking the footprint a little bit and made some slight changes to the clubhouse. What's interesting on this plan, and this plan has taken a bit of an interesting turn, as you have two waiver requests before you today. The first waiver request affects Tracery Oaks Drive, And that request is to remove the sidewalk from the entire north side of Tracery Oaks. Primary reason is our bur oak. As the applicant did more and more work out here and had to deal with slope issues and some other issues, it became apparent that building a standard cross section was going to further impact that protection zone. And as you are well aware, they've put a lot of effort into protecting that tree, and they were very concerned that to build that, they were going to have to get into that protection zone. Staff met with them on site, looked at some of the circumstances. Subsequently, in review of the waiver, it was determined at first it was only going to end, not be built here, and it was going to pick up again at this location. well staff worked with the applicant and said there's nothing here there's no development on this side there's no connection in this sense there's buffer and we felt like it's not really necessary on north side let's just drop it from the entire north side now what we did recommend and what they have agreed to is to build a six-foot sidewalk all along all the way on the southern side. So we're going to get a six foot sidewalk. Normally you'd have a four foot. We're going to get a six foot sidewalk along Trace Reoaks Drive and the Greenway connection, by the way, will come in and hook up with that six foot sidewalk. That's where it is actually intended. So there was a time early on in the plan it was going to come in on the north side, but that's no longer the case. It is coming in here. So again, it was a small tweet to the plan, but waiver number one was an interesting little waiver staff has recommended approval of that waiver waiver number two which you have they're both on white paper but they are labeled sidewalk waiver and pavement depth waiver and i would point out that on the second waiver the pavement depth It says DP 15-43, that should be 41. So that's just a typo. It is DP 41 that you see before you. That was, this particular request is an interesting request, and one, frankly, we've never seen before. it was a request to adjust the depth of the pavement on the streets. And in this case, this being a collector street, and again, intended to hook up eventually. We all know that that may take some time. That's a public responsibility to cross that creek. But it's a collector street that serves that entire lower end and all the neighborhoods of our community. They also requested to reduce the pavement from agape from a collector to a local. Now, as you're all aware, the whole agape extension was quite a discussion item when this plan was being developed. The neighborhood in Dogwood Trace was very concerned about that future connection. It was identified as a collector on your comprehensive plan and had been for some time. In researching Agape, staff is confident that Agape was built primarily, at least for most of its length, to the south as a local. Now, there is an area where it's widened to collector width, and that's associated with the Dogwood-Trace Boulevard intersection. So when we reviewed that, we felt like that since Agape had been built primarily as a local, and as you know, there's a barrier that will stop it, at least for the foreseeable future. this connection will be made agape will serve english station but staff has a two-fold recommendation on waiver number two we are recommending disapproval of waiving the pavement depth from a collector to a local on tracery oaks however staff does believe that the agape request is reasonable based on how agape has been constructed in the past so we are recommending approval that they be granted the depth on agape that would be a local street depth and there should be attached on the back of your waiver report what that means. And very simply, the residential local streets are one inch, three inch, and nine inch. And that's asphalt surface course, asphalt base course, and then your granular base. The collector street, on the other hand, you can see is a one, six, and eight. And that's what they're asking for relief from in order to do the local for agape. They will have to go ahead and utilize the collector depth on tracery oaks we have had a communication with the applicant and i'm sure they'll be happy to elaborate on that but they are agreeable to the status recommendation on both waiver reports and as you can see from your agenda your subdivision committee has recommended approval of the harvey property subject to some very standard development plan sign-offs. If you have any questions for me, I'll be happy to try to answer them. Thank you, Mr. Penn. Tom, so what we're doing is we're saying that that connection on Twain Ridge is not going to be made. Therefore, it doesn't have to be a collector street, the top one. I'm not talking about Agape. Agape? No, I'm talking about the top one. Tracey Oaks is a collector street, and it needs to be built as a collector street. Yes, sir. This connection is a public responsibility and will have to be budgeted by the public body. And granted, that's an unknown, but those priorities change over time. It may become a priority. It may not. But that will be built. We certainly hope so and believe it will be, yes. Other questions for Mr. Martin? Tom, I have one in regards to tracery oak termination. we're always talking about turnarounds and so forth. I'm not seeing anything there. Is there a turnaround at the end of it, whether it's going to be temporary or not? That's an excellent question. We have done that in the past in other places. That actually hasn't been a part of the discussion at this point. So, no, there is no actual temporary turnaround right there. Of course, it's a single-family home section in that portion, and it will be coming to you later as things get built and you see plats. Okay, but, you know, the always concern, turnarounds for waste management, fire departments, et cetera, et cetera. Well, at that time will come, we believe, when the homes are actually built in the single-family section. Okay. All right, thank you. Any other questions? Yes, sir. This Agape Drive, where it goes off-site there, Yes, sir. Is that going to be permanently closed and not connected to Dogwood? Over down here on the Kamek property where it borders Dogwood Trace, it has been closed by council action, by resolution. So that street will never go through there? It was closed by a resolution. They could pass a resolution to reopen it. Okay. As it stands right now, it's closed. It's closed, yes, sir. And so the connection is going to be into here and conceivably Kamek when it develops. Mr. Cravens, if I can elaborate, our understanding is it's been approved for a barricade at that location on the north end of Dogwood Trace. There's not been a physical closure there, but there has been approved for erection of barricade there. What was that all about anyway? i'm sorry why i mean what what happened there the neighborhood petition ford and the council approved that request this was maybe six or nine months ago other questions if not thank you mr varden thank you applicant anything to add of course of course Good afternoon. Good afternoon. I'm here for Ball Homes. I'm Rena Wiseman. We do agree with the conditions, and also Tom is right. We requested all the waivers for both sections for the pavement and the sidewalk on Tracery Oak, and we've been talking with the staff for a long time, especially about the sidewalk. And we are agreeable with their recommendation, including agreeable to not asking for the waiver on the tracery oak so that it will be to collect your debt. So if procedurally we would withdraw that or you want to disapprove it, I'd rather for my record, permanent record, to have it withdrawn rather than defeated because I keep track of those things. Other than that, we agree with the condition. And one thing I did want to tell you about the tree, since the sidewalk is about the tree, just to reassure the commission that we still have been working with Tom Kimmerer, who spoke at the council, and I think he was here when we had the final development plan, and we just got our spring report on the tree. I want you to know the tree is doing great. It's been growing. We put in lightning protection. and the woodchuck that previously lived there is still there. So he's happy, we're happy, and we appreciate the chance to continue to protect the tree. So with that, thank you. We appreciate you being agreeable, and we're definitely happy that the woodchuck's happy. Any questions for the applicant? We won't go there. Anyone else in the audience wish to speak on this plan? If not, I'll close this part of the hearing, open it up for any discussion and or motions. We would need a motion on the DP itself and then separate motions on the two waivers, noting Mrs. Wiseman's request on the second waiver. Yes, sir. Mr. Chairman, I move for approval of DP 2015-41 with the 10 condition. Second. Thank you. Motion's been made and seconded for approval of DP 2015-41 Harvey property. Please vote when it comes up on the screen. Thank you. And then motion for the waiver on the sidewalk waiver. Which one is that? It's still DP 2015-41. It just lists us. They're both, okay. Yeah, lists us sidewalk waiver. All right. I move for approval of the waiver request for the DP 2015-41 that applies to the sidewalks. Motion has been made and seconded for the waiver, sidewalk waiver with DP 2015-41. Please vote. The motion passes. And then for the pavement depth waiver, take a note of Mrs. Wiseman's wishes. I move for withdrawal of the waiver on the DP 2015-41 in order to preserve Mrs. Wiseman's record. That would be for Tracer Yoke. Thank you. I think we probably could include the approval of Agape if you'd like to, Mr. Penn. You want to do Agape the same motions? Sure, I can be in. So the approval of the dips for Agape. Do we have a second? Second. Motion's been made and seconded for the approval of the pavement depth waiver and associated with DP2041-41, noting the withdrawal of Tracer Yoke's request and the approval as staff recommended of Agape. Please vote when it comes up on the screen. That motion passes. Thank you very much. Thank you, folks. Hope that helps your record. Good. Thanks for being so agreeable. Moving down to page DP 2015-42, Wendell Subdivision. We have 15 conditions on this. Mr. Chair, members of the commission, as stated, this is DP 2015-42, Wendell Subdivision. It is a preliminary subdivision plan and final development plan. Property located at 3757 Kings Glen Park. Property itself is boarded along the north by Manwar Boulevard. Just out we have Clays Mill Road, Twain Ridge, running parallel to Manwar, Abington Hill, and Kings Glen Park. This proposal is to build 22 townhomes in R1T zone. It will be parking on the front and garages with no parking along the back. The subdivision committee has recommended approval for this based on the 15 conditions you all see in your agenda. The first 11 are your typical sign-offs. Twelve would be document required open space per lot for the R1T zone. Thirteen, addition of a written scale on the plan. Fourteen, addition of sidewalks to the Manor War cross section. Now, the applicant has submitted a revised plan, which has taken care of those three conditions, which leaves us with the last one, which would be to discuss the cul-de-sac design proposed, parking prohibitions, and the possible need for a median. If you can see right here, it shows a meeting here in the middle. Staff had some concern about parking would begin to develop here and cause a problem with any emergency vehicles, sanitary waste vehicles being able to navigate this. I don't remember this one. In fact, if you have any questions or comments about it. Questions for Kelly? Does staff have any recommendations on the cul-de-sac? Oh, yes, sir. Staff is recommending a median placed in it. I believe what is shown there is the 40-foot radius with a 10-foot radius median placed in the middle of it. So is that what the staff is recommending? Yes, sir. Okay. Yes, sir. All right. Okay. Very good. Any other questions for Kelly? Mr. Chairman, if I could clarify. The staff really is more concerned about having a median there than the actual dimension. We met yesterday afternoon with Lieutenant Thiel of the Division of Fire and Emergency Services. They are concerned with the 10-foot dimension. I think their preference would be for no median in the cul-de-sac, but I also think they would be agreeable to a smaller median. The petitioner may have a preference for an exact diameter, but something smaller than the 10 feet would be acceptable to the staff. Just wanted to clarify that. Okay. Thank you. While we're still at staff's presentation, Lieutenant Thiel, would you like to add anything at this point? This is usually Captain Lingle's spot, so I'll try to do the best I can. Good morning, Mr. Chairman. Good morning, afternoon, whatever it is. Members of the planning commission, we would prefer that there is no median. I was out in the community, and there are some other similar designs that I took a look at, and all of them had varying degrees of access problems. I did bring some pictures for everyone to look at. Don't put a video in there, they park straight in. You still got to turn, bro. What does pass from Ray? Can Barb put him up on Elmo? Yes? Okay. Once we get Elmo turned on. Okay, this first picture is from a fire we had on Wellington Court. It was just this past winter. As you can see, the aerial is set up right in front of the structure, and they're using quite a bit of the cul-de-sac. This and Engine 15 is there, and their supply line is also using up quite a bit of the cul-de-sac. If you can go to the next one, it might be a clearer picture. This is in our department, but this is just a typical, this would show how we would set up possibly in the cul-de-sac, and that's kind of exactly where that median would be. And then the third picture is a cul-de-sac we have here in the community. It's over in the Palomar Hills subdivision, and this is kind of what we're afraid of and what we don't want to happen. Other than that, I'll take any questions that you all have. Any questions for Lieutenant Thiel? So just to clarify, you would prefer no median? Okay. The overall width, radius of the cul-de-sacs, okay? What's being proposed, there isn't anything out there in the community that I could look at. Like I said, I'd prefer no median, but it could be shown that our trucks could get in there. But on the previous picture, you can see we use up pretty much most of the cul-de-sac. Parking can be a problem. Mr. Pym? Lieutenant, what about the fact that if you don't put the median and they park straight in? It would be easier for us to get our ladder over them than this situation here where we can't even get the ladder in. Okay. Thank you. Any other questions? If not, thank you, sir. Thank you. Kelly, anything else? Any other questions for Kelly? No? Okay. Thank you. Applicant. Good afternoon. Good afternoon, Mr. Chairman. I'm Dick Murphy representing the applicant. Steve Perry is the development manager for the applicant who's with us, and of course Rory Cayley is the designer. And we met with the staff last week or week before and discussed most all the issues, and we appreciate meeting with them. And as a result of the discussion, we had not shown a median on the cul-de-sac originally. We agree with the issue over parking, and we discussed that, and we said we don't want parking on this cul-de-sac either. We don't want head-in parking, which you sometimes see, or parallel parking or anything. And we've agreed to mark this however traffic engineering deems appropriate, either yellow curb or signs saying no parking or both or what traffic engineering feels is appropriate to prevent parking on the cul-de-sac because we don't want it either. Aesthetically, it doesn't add anything to the development. It detracts from the development. We have plenty of parking in the site. Each unit has a two-car garage, plus we have about 15 visitor spaces. We have plenty of parking on-site without using the cul-de-sac. We don't want to use the cul-de-sac. So we felt that that would take care of it in discussions with the staff. The staff said that having a median might add to that to prevent people from parking head in. I was a little concerned when I saw the picture. I never thought of people parking around the median. I'd never thought of that before, but they were doing it in that picture, which may be just as bad. But as a result of the meeting with the staff, we had agreed we placed the median in there. To be honest about it, we don't have to have the median. We think we'll control parking without the median. These will be, for whatever it's worth, I want to tell you, these are going to be first floor master bedroom units, which will have an appeal to empty nesters, people my age, who may be larger consumers of the public safety services than other age groups may be on that. So that's a concern we have. We want this to be safe. We're agreeable with taking the median out. We'll leave it up to you. I mean, but we're agreeable to taking this out. we want this to be safe. We don't want there to be concern with fire. We also don't want there to be parking on here. We think we've dealt with parking on it. So that's where we stand. We'll abide by your decision, but we certainly want this to be a safe situation for everybody involved. This is absolutely the day for everyone agreeing, it sounds like. Thank you. And I presume you're agreeable with everything else there. It sounds like everything else has been cleaned up. Anyone else like to speak on this plan? Any questions from the commission before I close it? If not, I'll close this part of the hearing, open it up for any discussion and or motions. Please take note if I'm correct, Kelly. 13 and 14 have been eliminated? Yes, sir, that's correct. 12, 13, and 14. 12, 13, and 14? Yes. 12, 13, and 14 has been eliminated. 12's just 13 and 14. I am sorry I spoke. 12 needs to remain on there. Yeah. Okay, we're okay. So 13 and 14 has been eliminated. Yes, sir. We have discussed 15. You've heard everybody's wishes. So, commission members, it's up to you. Discussion? I think we need something for some guidance, whether it stays or it goes or the dimension. I think we need something for some guidance on that. Yes, sir. At the subdivision committee, we talk about making the right turn, Mr. Murphy, or the left turn coming into that cul-de-sac. and your discussion was that the median would hinder that, are you to the point now where you don't think that the median would hinder that? Or am I talking to Rory, I guess? We put auto turn on the layout, and with a right turn into the parking lot, moving the dumpster location so that everything was in a right-handed swoop, we were able to get a truck in around the back and out with that median shown there. Okay. Because I know that was a discussion item. Yeah, the median hurts motions if, say, you pull into one side of the parking lot and you're trying to back across through the cul-de-sac to leave again. But the truck can make the full circle. Other questions? if not we're back to motion I'll try it yes sir Mr. Chairman I move approval for DP 2015-42 Wendell subdivision lot 1 with the 13 conditions outlined by staff with a modification connected with number 15 that there would be parking prohibitions in around the circle striking the possible need for a median yeah motion's been made and seconded for approval mr wilson you want to clarify something no uh your colleague was asking me about the number of conditions and i said 13 is that that is correct right that would be the eliminating and what is now 13 and 14 and leaving for a new 13. Clarify, as far as number 13, you mentioned striping. Can you clarify median or not? Well, I was suggesting that there would be parking prohibitions in and around that circle, but the striking the need. Striking the need for the median. Okay. All right. In other words, that's eliminating. Yes. Thank you. to be yellow carving yes okay whatever my colleagues say is fine with me as it relates to an amendment be left up to traffic okay yeah I think yeah it's related to traffic prohibition striping and all that would be left up to the parking offices okay yeah So, motion's been made and seconded. Ms. Richardson, understanding all the, or the clarifications, I should say. You're okay with the clarifications? Yes. Okay. Motion's been made and seconded for approval with now 13 conditions striking the original 13 and 14 and eliminating the median in the cul-de-sac. if that's clear and everybody's ready to vote please vote when he comes up on the screen that motion passes thank you thank you Mr. Murphy Mr. Curry next we move to page 6 Healy subdivision. You have a revision on a green sheet along with a couple of handouts. Mr. Martin, are you going to hand out something else? I believe. Here he comes. You're not doing that anymore? We'll find somebody else too. Mr. Markman, are you ready? Mr. Chairman, members of the commission, very quickly, there is one thing I feel compelled to address. We don't call them woodchucks in Kentucky. They're called groundhogs. And some people call them whistle pigs. Uh-huh. Mr. Penn, yeah. So I just felt like I needed to address that. put that. That's true. All right, go ahead. Yes, excuse me. I just thought I had I just had to address that. All right. We are on page six of your agenda. It is DP 2015-45, the Healy Subdivision, North Broadway Park Addition and Car Builders, also known as Embrace United Methodist Church. This is the final development plan for this project, where this was just recently rezoned as a mixed-use project. Here is North Limestone. North Broadway Park is in this location. It runs all the way through to North Broadway. Here we have 10th Street. It's a very old, small, little tiny stretch of street that was platted, I think, in the 1920s. It's just a little tiny stretch of right away. You have the trailer park that is primarily accessed from Loudoun in this location. Here is the existing church on the property. This is virtually identical to the ZDP that you saw. Here is building B, which is a three- and four-story building, residential above, commercial, professional, community uses are proposed on the first floor. Here across North Broadway Park, building A is a three-story building, again, mixed use on the first floor will have commercial, professional, community types of uses with residential above. The numbers have not changed from your ZDP. We have 80 dwelling units being proposed for this development in both buildings combined. They are going to be a mix of units. They are required 101 parking spaces. that is based on the various deductions that they are allowed to take, which they have availed themselves of. So they are proposing 139. You can see the parking lot that's going to be built at the rear of the property. It will be accessed off 10th Street. We have existing church parking in this location. And here, this will be parking for this building A. There is proposed underground detention in this location and in this location. You may recall there was a lot of discussion at the ZDP about detention, and there's been some projects out there and the use of grant money and that sort of thing. There's a basin in the area that was an attempt to address long-term drainage issues in the area. And, of course, this is how they're going to address their drainage and also assist in addressing the drainage issues that do exist along North Limestone Street in this location. This plan is a revision. In fact, it's the second one that we received yesterday afternoon. We have been working with the applicant extensively. We've met with them to discuss concerns and discuss this plan. They've addressed some of the concerns on the plan, and then they came back again addressing additional concerns. primarily those concerns were twofold and that was addressing the mixed use requirements when you're granted that zone there are specific design requirements in that zone that have to be addressed and initially we weren't we had not seen that the other concern was the north limestone orientation, streetscape, facade, various items that have been outlined in your adopted central district, small sector plan, central sector plan. And that is the reason we have handed this out to you. And that's directly from your adopted plan for this area and really cannot stress hard enough the buy-in and the work that went into this plan and the vision that North Limestone truly become an entrance and a gateway and a centerpiece to the redevelopment of this neighborhood. So that was a concern to the staff. Again, the revisions have addressed a lot of our concerns. We have some standard sign-offs. There is one concern that we absolutely want to see placed back on this plan. Building B, when you adopted it, this plan, the ZDP, was configured and clearly showed that it was a third and four-story building. This plan doesn't clearly show that, although we do believe it is their intent. And they've labeled it as such on this part of the plan. But the previous plan clearly delineated it. And that had to do with its relationship with the neighborhood and the concern about scale and massing, which, again, we want to see that clearly delineated on this plan as it was on the zoning development plan. Again, to briefly touch on the mixed-use requirements, they have provided a perspective sketch. That helps tremendously. They've added some verbiage and some notes that help address those elements. Those elements are lighting, lighting heights, balconies, entrances, pedestrian facilities. You can see they're showing nice pedestrian facilities now on this plan, nice open areas that will allow for a lot of use and interaction with the street and pedestrians and that sort of thing. And this dovetails, in the staff's opinion, very nicely with the plan for North Limestone in the central sector plan, where it stresses streetscape. Now, it has some very strong elements that it recommends on North Limestone, many of which would be beyond the scope of a private developer, such as medians and that sort of thing. But it does talk about the possibility for rain gardens, sidewalks, again, being pedestrian friendly, good facades done with appropriate materials, and, again, pedestrian friendly, that sort of thing, which is very important. And we believe they have the opportunity to help set the stage for what will come after and complement things that are happening. As you're aware, NOLI is very active in the Limestone, Loudon area. And in that, staff had encouraged in the past at New Circle Road, we had several developments come in, and we were very concerned about that gateway aspect. And frankly, we didn't have the central sector plan at that time. We had some success getting some good landscaping and pedestrian, but we didn't have the success we had hoped to have on a development. So we think, again, it's very important that they demonstrate their compliance with the central sector plan and those landscape. And along those lines, we just handed out to you a statement that we did receive from them. That's what Cheryl passed out to you, where they have stated they do intend to implement a lot of these characteristics and requirements of streetscape as outlined in your central sector small area plan. I'm sure they will be happy to elaborate on that for you. Another item of importance, and again, we met with the applicant, had a long meeting with them where we talked about these things, and as I stated, we received some plans. There's two other items. This area right here has a gate in a landscaped island. This is to prevent cut-through traffic, and this is to help to relieve any burden that this development might have on North Bardway Park. And that was a conditional zoning restriction. We want this designed in such a way, and they've made an excellent start with that. You'll see the condition that we want it improved upon to get rid of the turning radius and make sure that no one can cut through, get around, and use this as a cut through. This gate will only be a one-way gate. You'll only be able to use it in one direction. And that is, again, designed to prevent the cut through traffic. We had another discussion related to traffic and parking in North Broadway Park. right through here. There's direct in 90 degree parking. It's been there for many, many years. It's in the public right away. The church, interesting enough, this is an unusual kind of thought it was theirs. They had a proprietary feeling towards the parking. In fact, they had to be told to take some signs down that they couldn't restrict the parking because it's not theirs. It's actually in the right of way. But again, it's been there for a long time. Church has been there for a long time. But staff and traffic had always been concerned about that. That is not something, as you know, that is encouraged backing into the right of way, as it is dangerous. Though we did talk about, and they have a plan that shows the reverse angle parking, which we have used now on several occasions. We would like to continue to discuss that and resolve that to make sure what's there will function and also be as safe as possible and not encourage undue traffic through the North Broadway Park neighborhood. And you will see that condition on your plan. I will briefly mention again, this plan has not changed in terms of size, numbers of units. I mentioned the number of dwelling units. The building B is over 47,000 square feet. Building A is over 17,700 square feet. And, again, it's three stories tall. Building B is three and four stories tall. And with that, I'll be happy to answer any questions you have. Questions for Mr. Martin? Yes, sir. Tom, are we still talking about 300-square-foot units and no elevators, three- and four-story? The applicant will have to elaborate on that. The latest information we had is that they're doing a market study, and there may be some adjustment to units in terms of square footage and that sort of thing. I think they would need to elaborate on that. I'll ask them. Thank you. Other questions? If not, thank you, sir. Thank you. Applicant? Good afternoon. I'm Chris Westover, representing the applicant, Nickel Development Company. With me today is Jahad Halini, the engineer, and also Bruce Nickel is here as the developer. We have reviewed all of these conditions, and we agree with them. As Tom mentioned, there was some concern about the parking over there along North Broadway Park, but that will be resolved by the time the plan is certified to make sure that the safest possible configuration is done. And it's possible we might just go back to the way it was before, if that is determined by planning and traffic engineering to be the safest way possible. as I understand it Cheryl has handed out this exhibit that talks about compliance with the central sector small area plan I have an exhibit here we can put on the Elmo and Jihad has a larger one I don't know if I need to put the bigger one up or not, but it gives a little bit more detail about just how we comply with the provisions of the Central Sector Small Area Plan. Those dark blue rectangles there, that's the underwater detention. And the Central Sector Small Area Plan discussed with particularity that there were ongoing flooding and stormwater problems in the area. And these are oversized basins, and this should really take care of that. In addition, as you can see, we will be providing sidewalks, curb, and gutter along the portion of our property that abut public rights of way. We'll be making improvements to 10th Street that have never been done before. and also along North Broadway Park to the extent we abut that property. There will be rain gardens. There will be the tree wells that are recessed to help accommodate drainage. The actual design of the building will be such that it will fully comply with Article 28. and in addition I should tell you that the developer is meeting with the committee of concerned citizens. I think one of the citizens is here in the audience today because he is working with them on final design and other sorts of issues. So with all of that being said, we respectfully request your approval and are here to answer any questions. I think if you are inclined to approve it, that that one condition that would be number, what would be new number 14, could be changed to resolve or document, something like that. And I'll be happy to answer any questions. Questions for Ms. Westover? Mr. Penn? Mr. Penn? Thank you. We saw this plan before, and I want to compliment you made a lot of improvements when we saw it before. But are we still basically talking about 300-square-foot units and three- and four-story with no elevators, just stairwells? Is that what we're talking about? The access will be internal. The design you originally saw was external, and that has changed. In terms of the size of the units, there will be a variety of size units, And as Tom pointed out, there will be a market study done. We're not changing the size of the building, but we are having a variety of square footage of apartments to address various household needs. And we're still talking about three and four stories and no elevators? There will be elevators because it will be interior. Okay. So you've made a lot of improvements in that. Yes. Thank you. Other questions? Yes, ma'am. Is it three-story or four-story? The three-story and this one is three-story and four-story. They're a combination. Other questions? No? Okay. Thank you, Ms. Westover. Others that would like to speak in regards to this plan? No one? Okay. If there's no further questions, I'll close this part of the hearing and open it up for any discussion among commission members and or a motion. Yes, ma'am? Mr. Chair, I move for approval of DP 2015-45 Headley Subdivision, North Broadway Park Addition, and Car Builders. With the 14 conditions recommended by staff, changing number 14 to resolve. Second. Motion's been made and seconded for approval with revised conditions, noting the change to resolve on number 14. Discussion. Question? Discussion. Yes, sir. I want to ask staff, we didn't talk about the facade, the exterior, and the reason I bring this up is that, and I should have done it before the motion, I didn't know we weren't going to have a motion this quick, but this is the first really restructuring we've done on North Limestone. This is right across from Oregon School. It sets the tone for North Limestone. And I didn't know whether we didn't discuss the facade at all, Tom, about it. We've talked about the entrance to North Limestone. We've talked about this as an infill project, very good use. But we also need to know what it's going to look like from the street. Have staff seen that? We've not seen a detail into what degree exactly what materials may be used. We do agree that that needs to be resolved. We would not want to preclude the use of modern materials and or historic materials, and obviously a variety if it can be done. We certainly would want to see something that would indicate what they intend to do as part of the resolution of them meeting that requirement. So you'll get another shot at that? I think we can work with them, yes, sir. Okay, thank you. That's just a concern that I have. It's a very valid concern, yes, sir. So you're okay, Mr. Penn? Okay. Okay. We do have a motion on the floor, which has been seconded for approval with the 14 conditions change of number 14 to resolve. Any other questions? If not, I'll call for a vote. Please vote when it comes up on the screen. Motion passes. Thank you. We're moving to page 7. At the bottom of the page, it's DP 2015-50, James W. Atkins property. we do have a revision that is before you on a yellow sheet of paper. There are, as the chairman mentioned, there are revised conditions on the yellow page here for you. This is development plan 2015-50, James W. Atkins property, an amended final development plan for property located at 3939 Tates Creek Road. This property is located at the intersection of Wilson Downing and Tates Creek. Here we have West Hickman Creek coming through with the riparian area here and the floodplain, Tates Creek Center. and the entrance to Tate Creek Center is just south of here. The purpose of this amendment to the current plan was to revise the building, parking, and circulation layout. Both buildings on the lot were adjusted slightly, as was the parking, orientation of the buildings to the parking. The first building is for a proposed credit union of 3,400 square feet, and the other building to the north is a proposed coffee shop of 2,000 square feet. The main two-way entrance would be here, have one-way circulation around here, back out, and with an emergency entrance shown off Wilson Downing here. the subdivision committee had recommended approval of this plan subject to conditions shown on your agenda however yesterday mid-afternoon we did receive a revised plan that addressed several conditions outlined by your subdivision committee okay this is the plan you see in front of you today is the revised plan which we received yesterday after review the staff can recommend approval subject to the standard sign off conditions here down through number nine and ten condition number eleven we ask that they relocate the gate for emergency access lane here from the right-of-way into the private property condition 12 being how seeing how it is a late plan late file plan we asked a review for review by tech committee prior to plan certification condition 13 document that the encroachment of the building into the required front yard here and here across this 50-foot building line meets article 15 averaging limitations or the other option would be to denote the variance approval obtain a variance and denote that approval on the plan condition 14 discuss the loss of sidewalk connection to Tates Creek Road right-of-way incidentally the previous discussion item I should say was taken care of by the addition of the parking requirements for the restaurant. Originally, the parking requirements were not broken out between the two uses. They did with this revised plan take care of that and illustrate the two uses and the parking requirements. And yes, there is adequate parking for the restaurant usage. As to item 14, the discussion item remaining, the loss of sidewalk connection to Tates Creek Road right of way. Going back to the zoning development plan and even to the current plan in force now, there was a sidewalk spur that was shown coming off the sidewalk here adjacent to Tate's Creek, coming across this area here diagonally and entering into an island, a secure space here, into the parking lot. what we felt was a very worthwhile pedestrian feature from the sidewalk over to this new development, precluding the need to come around here and enter here. And we felt like it was worthy of discussion to pose the question, why was this feature, this worthwhile feature, abandoned, and why is it not shown here? This area up here, for a large part, is multifamily residential, as is over here, multifamily residential. There's a lot of pedestrian traffic, and again, we felt like it was a worthwhile pedestrian feature. We'd just like to pose that question, what happened with this, the sidewalk connection? Over here, we have the riparian area, tree protection areas, West Hickman Creek. They have depicted the post-development floodplain in blue across here, the retaining wall that was made necessary, and the new 25-foot floodplain setback in orange around here. So the entire site has changed with this development. At this point, we'll take any questions or comments. Questions? Yes, ma'am. Is the coffee house, does it have a drive-thru? Yes, ma'am. It does have a drive-thru. This is where the drive-thru and the staging begins here. The lane's split. It comes up on this side and then re-enters, merges over here. Other questions? You said it was a credit union going in? Yes, sir. That is the proposal with the drive-through lanes over here. Okay, you've answered my question. Other questions? If not, thank you. We'll hear from the applicant. Good afternoon. My name is Matt Carter with Vision Engineering. we are in agreement with the staff's conditions, the 13 conditions. And then as far as the sidewalk that we have omitted from previous plans, the reasons we omitted were mostly for safety issues. we felt that to put a sidewalk in, it was going to be too steep. The elevation difference from Tate's Creek Road down to where this development is, is around 10 feet averaging. In order to make the sidewalk grades safe enough, it would have to be a sidewalk between 250 and 300 feet long. So we felt like we did provide a sidewalk access off of Wilson Downing into the site, and we felt like that was just a better solution. And currently the sidewalks on Tates Creek Road are constructed from the Tates Creek Bridge down to Wilson Downing, and then they wrap around Wilson Downing and terminate at our entrance. So those sidewalks are in. But basically we just felt that it was not going to be a desirable situation, this sidewalk. It was just going to be too steep and unsafe, and it would not be handicap accessible. I'd be glad to answer any questions. Questions? Anyone? No? Okay. Thank you. Thank you. Others in the audience want to speak? It's getting thin. If not, if there's no questions from commission members, we can close this part of it, open it up for any discussion, and I guess we need to do something with number 14 of particular interest. Mr. Chairman? Yes, sir? I'll make a motion. If there's no other questions. I'm not, but we do have one. One quick question about number 14. whether we say resolve or take it off or what if you'll wait for my motion i don't want to wait for your motion i want to know now that's right is that the procedure parliamentary procedure indeed it is i think we'll hear what's going to happen with 14 here in just a second my opinion of of 14 is that and i've viewed the site the other day driving by that is an exaggerated slope down to this down to the site from tates creek road and i think a walk would should not be i mean should be deleted for a sidewalk there would be real steep so i would delete um 14 would be my motion if it's All right, so I move approval of DP 2015-50, deleting number 14. Thank you. The motion's been made for approval and seconded for DP 2015-50 with the now 13 conditions on the revised staff recommendations, deleting number 14. No further discussion. Please vote when it comes up on the screen. that motion passes thank you thank you Matt our next item is I believe that covers mostly plans our next item is performance and bonds and letter of credit as memorandum before you dated you look June the 11th, 2015. We need to take action on that. I think Mr. Craven's revolting. So, if we can have someone to step up and have a motion. Yes, sir. Yes, sir. I move for lease and call the bonds as presented. Thank you. Do we have a second? Motion has been made and seconded for the release and call of phones on the memorandum before you dated June 11, 2015. Please vote. That motion passes. Ms. Wade, good afternoon. I'm glad you stayed around. Yes, very much so. should ask to be put ahead of Mr. Martin, but for fear that someone might come and want to object and come in late, we decided not to. And plus just let Mr. Martin have his day in the sun, I guess. Tom's saying what? Good afternoon. Our next item is the MARV 2015-9. This is a request from Elizabeth Brooks Bullitt, also known as Betsy Brooks Bullitt, to rezone or actually to amend the ND1 restrictions for her property at 810 Montclair Drive. I don't have the clicker. The subject property is located along the south side of Montclair Drive. Montclair is a local street in the Montclair neighborhood. It is located on the west side of Tates Creek Road and is really the southern boundary of that neighborhood. Our overall map does show a little bit more of the general vicinity of the property. This is the subject property 810 Montclair Drive. Montclair connects to Tates Creek and then stubs into the KET property, I believe. Then we also have Cooper Drive that runs parallel. That's the northern edge of the Montclair neighborhood. Tates Creek runs north-south in this area. The Montclair Indy 1 is generally in that vicinity between Cooper and Montclair, Tates Creek, and the KET and UK property. And then Chevy Chase is to the east across Tates Creek Road. I guess that generally addresses it. The subject property does have the underlying zoning of an R1C zone, but the Indy 1 is the reason that we're here today. The neighborhood design character overlay was put in place for this neighborhood at the request of the neighbors of Montclair in 2011. It was further amended by the Planning Commission also at the request of the neighbors of Montclair late in 2011. In that request, they modified one of the restrictions in the ND1 to allow retaining walls, if you all remember that. The applicant is here asking for a modification to the ND1 restrictions in order to construct a front yard fence. The subject property is the 810, but the applicant also owns two parcels adjacent, and they also recently requested the closure of what appears to be a stub street on our map. this has been closed by council so now they own three parcels as well as the former right of way in between it's a little bit hard to read with Ariel although there are three parcels there's really only just one house on these three parcels in the middle lot the subject of the zone change is a vacant parcel and the current nd1 restriction that's being asked for modification has to do with landscaping requirements you can see 3a says no front yard fences or freestanding walls allowed except for properties facing on cooper drive or tates creek road and then i are one and two there go on to talk a little bit in more detail about if you do have a fence or wall how that would be permitted they are requesting in the second half of the slide that that through number 3a be deleted completely because they do want not just a front yard fence but they also are requesting that the fence be taller than four feet so their request is for an nd1 change for the property as well as a variance to what would be allowed in terms of the height of a fence in the front yard and then Mr. Emmons will cover that in a variance staff report. This is just kind of a view of the site plan that the applicant did. The two parcels that are already developed on the single-family home and then the adjacent parcel, there's already an existing front yard fence along the front yard of what is 754 Montclair, and that's the westernmost of their three properties. and then they have the single-family home in the middle. And on this property where they've closed the right-of-way, they are desiring to construct a fence here in a sort of circular fashion straight along the sidewalk and then along their new side yard and then connecting along the rear yard. The front yard in this case can have a fence up to four feet normally in a residential zone, but not as tall as they are asking to have it built up to seven feet in some locations with the columns. In addition, they are asking that that front yard fence be permitted at all through the ND1. So they would, under the current restrictions, be allowed to put a fence here at the edge of that front yard, but then that would eliminate the use, the private use of the rest of their property. So this is, again, just kind of an aerial showing the existing fencing for the parcel in red with kind of the turquoise showing where they'd like to complete the fencing for the new parcel they purchased. This is a front view of the single-family home. And to the two sides, you can see where the existing fencing is. that's kind of hard to see but that's the existing property they are prepared to start putting the fence up if they get approval the corner of the subject property where the existing fencing meets i'm going to use my pointer over here is here and that's that photograph you see is that this corner of the fence. And so they're planning to connect to that existing corner. Then there's an existing gate and continual fence across what was Eldemere Road or Drive in that location, and it does connect over to the house. And then at the other end, at 754, Montclair, this corner, shows where the front yard fence runs along the sidewalk with the hedges there. So for this subject property, the Indy 1, let me go back to the Indy 1, generally the overlay has a goal of conserving key features within a neighborhood. And then once the Indy 1 is established, the only way to modify those standards is through a modified zone change in this case that's regulated by article 6-7 c2 of the zoning ordinance and the planning that section of the ordinance identifies that the planning commission has to consider whether the request would adversely affect the public health safety or welfare whether it would alter the essential character of the overlay district if it would cause a hazard or nuisance to the public, and whether it would allow an unreasonable circumvention of the requirements of the ND1 restrictions. In making that determination, the Planning Commission should also consider the general intent and preservation goals that Montclair put in place when they asked the commission to adopt these restrictions in 2011. and in reviewing or doing a field study in the in the area there are no other front yard fences along Montclair there are a few side yard fences but no other front yard fences except for the one associated with this property in addition there's not any that are taller in the neighborhood than than the four feet restriction that the zoning ordinance would permit except this fence so it is a unique situation in that there's not another fence like this in the neighborhood the fence did become non-conforming when the ND1 restrictions were put in place the residents are by completing the fence on the opposite side of the residents the applicant believes they'll be providing a continuity of appearance for the property in terms of a special circumstance in this case as I mentioned this is the only fence in the neighborhood of its type and it is would be located on this vacant parcel which is in common ownership with the other only location in the neighborhood with the fence adhering to the ND1 overlay standards would prevent that front portion of the property from being utilized in a consistent manner with the rest of the property. And installing the fence in conformity with the ND1 standards would actually, in the applicant's mind, disturb the continuity of the neighborhood rather than protect it by providing kind of a balance to the property. Based on the existing character of the neighborhood, the modification would make little change in this case. And then lastly I mentioned the Commission should consider the Montclair's goals preservation goals and they're listed in the staff report the staff feels that the goals for preservation wouldn't be impacted by permitting this one fence in this location the staff and the zoning committee both recommended approval and there's three reasons listed on your agenda the requested deletion for this parcel will not adversely affect the public health safety or welfare in an existing fence similar in character and height already exists on a I guess close property which shares ownership so installing this fence at this location will allow that continuity to remain for the property the special circumstances relating to this application are that the subject property is one of three parcels under joint ownership or common ownership. It remains vacant and no other six foot tall front yard fences do exist in the neighborhood. So this won't set a precedent for other fences to be expanded. And then lastly, permitting the deletion of this design standard for one parcel to allow extension of a front yard fence will not prevent successfully achieving Montclair's preservation goals. The staff's recommending a change to this property in terms of how the ND1 would read. So there would just be an A or a 3B for this location and deleting 3A. That's not quite how that looks. I think that's it. I'd be happy to answer any questions about the proposal. Thank you, Ms. Wade. Questions? No? I guess one just for clarification, Tracy. You look at the front of the staff report, it talks and shows the striking of this language as in deleting it, but in your recommendations, and as you did state, this is for this parcel. It's not for the entire ND1 overlay. Yeah, it's just for this parcel. Okay. Anything else? If not, thank you. Thanks. Jimmy, good afternoon. It's been a while. Good afternoon, Mr. Chairman, members of the commission. I am going to present the height variance to the fence that's requested. If you do make the change in the ND1, the zoning ordinance would require a maximum height of four feet for that fence in the front yard. The applicant has requested a variance to allow seven feet up to seven feet tall. The entire fence will not be seven feet tall, but fences are measured from the ground up to the tallest point. The seven feet are for the columns, and this type of fence will primarily have pickets so that it will match up the exact same type of style and color as their existing fence that they wish to continue. Most of the fence pickets will be at a height of about five feet. So the majority of the fence that you're looking at will not be seven feet tall. When looking at a dimensional variance, one of the main things that we do focus on are what are the unique circumstances. And in this particular instance, the staff did find that the property having three separate properties being developed as one large estate lot, in total and combined, this is nearly an acre and a half of property, which would make it, even though that there are some very large lots in this general neighborhood, that would make this particular piece of property almost twice the size of even the largest other lots in there. when it's developed all as one piece of property. The applicant's desire is to continue the appearance of their fence, both in the height and style of the existing fence around the rest of their property. And the staff feels that the combination of how this property is developed and the existing fence which they desire to keep the continuity of that appearance does create a unique circumstance, which justifies the requested height variance for the fence. The staff would just note briefly that we did review. This placement of this fence is not going to be in any of the required site triangles or cause any other type of health, safety, or welfare hazards. The staff is recommending approval of the request of variance for the reasons that we say in our staff report and on the agenda. I have just very briefly hit the highlights. I could go into much more detail if you would like, but otherwise I will conclude my remarks. Questions for Mr. Emmons? Jimmy, let me just ask you this. Looking at that picture, I guess it would be the adjoining property to the south, the house driveway next to the black line. Is there any concern with that being close to the neighbor's driveway? No, sir. In fact, I actually did go in and try and analyze whether the fence height would impede the site distance for somebody even on the sidewalk. It more than normally on a fence, it's usually at least 10 feet back from the curb. In this case, it's going to be, I think, 21 feet back from the curb. It's going to be more than enough distance. And I also, even though it's not required by our zoning ordinance, I did try and go in and analyze if a car were in that driveway, how far could they see a pedestrian on the sidewalk? And that analysis resulted in about 16 feet. If a person was 16 feet away on the sidewalk and you were in your car, you should be able to see them around this fence without your car pulling onto the sidewalk. So we feel comfortable that it is not going to cause a safety problem. What about the close proximity to the driveway itself, up and down the driveway? It's not uncommon to have fences next to driveways all over town. There is no real restriction on that. Okay. Anything else? If not, Mr. Turner, thank you for your patience. Thank you. I'm glad to be here and make my record as well. I'm Darby Turner for the record and here on behalf of the applicant. The staff hasn't explained it very well as to what the situation is. To follow up on the chairman's question, too, the property owner to the east, which you were just talking about, and the property owner to the west of the other lot are both highly in favor and have given us e-mails and so forth to that effect. The association has polled its members and has no objection at all either. This is simply an incorporation of a new lot into their existing household landscaping issue. I grew up on Eldermere, and that driveway in what was the sub-street has been there since I can remember. It was the old William Wallace house. And we went back, actually, we had a little bit of dispute with the previous owner of the lot about the right to have a driveway there or who had. We went back to 1937 easement documents and plat documents, but we basically resolved it by buying the lot. and closing the street formally and so forth. So that's the history here, and we're here to answer any questions and agree with the staff's recommendation and findings as presented by Tracy and Jimmy. If you have any, I'd be glad to have it. Thank you, Mr. Turner. As I've said continually, this has been a very agreeable day. Mr. Penn? Question. Is it safe to assume you're not going to file a consolidation plan on these three lots? We probably are. Are you really going to do that? Yeah, to consolidate, frankly, to consolidate the driveway parcel into the main residence parcel. So the driveway and the gate and so forth are actually going to be on one parcel. I'm glad to hear that. I would have bet the other way, but that's good to hear. Well, it's not a, I don't know that it's a buildable lot. But, well, it might be. But they would like to make sure that the driveway and even the garage and so forth are kind of in this area. Well, if I lived in that subdivision, I'd be more comfortable with consolidating it. Yeah. No, that's the intent, and that's actually going to follow. We were kind of waiting to see where the appropriate, how much of it needs to be consolidated with the residence lot. If you will. Any other questions? If not, thank you, Mr. Turner. Really not seeing anyone, but anyone else in the wish to speak on this plan? If not, questions from the commission? There's no questions from the commission. We've got two motions here, the amendment to the ND1 and also variance. If someone's ready, yes, ma'am. Mr. Chairman, I'd like to move the approval of MARV 2015-9. Elizabeth Brooks-Bullitt petition for Zone Map Amendment. Thank you. Do we have a second? Motion's been made and seconded by Mr. Drake for approval of the Zone Map Amendment, MARV 2015-9. Please vote when it comes up on the screen. Motion passes. in the variants? Yes, I'd like to make a recommendation for approval of the variants requested for MARV 2015-9. Elizabeth Brooks-Bullett, a.k.a. Betsy Brooks-Bullett. Thank you. Motion's been made and seconded once again by Mr. Drake for approval of the variants associated to MARV 2015-9. Please vote. That motion passes. Thank you, folks. Thank you, Mr. Turner, Mr. Emmons, Ms. Wade. We do have an addendum on the back of your agenda for temporary cellular towers. There's two of them. Barbara Akers is up. Yes, ma'am. This will be as short and sweet as possible. I think this is the first time that you all have heard an application for temporary towers. It used to be a conditional use approvable by the Board of Adjustment. We took that out of their authority and tried to make it easier on everybody for temporary towers. And in the process, we made it. There's a conflict in the ordinance now. One part says that they're allowed by right for certain situations. One situation would be if a permanent tower has been approved for a site, then a temporary tower can be put there by right for up to six months and then extended another six months until that tower, the permanent tower, is constructed. One situation would be if there is a natural disaster or something like an ice storm or a tornado or something like that where infrastructure is just totally debilitated, we can put them up for that. And then a third situation is, in the case of these two situations here, for temporary events like sporting events or festivals or whatever that are high usage. And so that's what these two are for. The first one, and the other way, I was going to say that the other section in the ordinance says that it has to go to the Planning Commission for approval. So we're going to take the conservative approach and let you all look at these. The first one is at the horse park, and so this one is just for informational purposes, kind of like a public facility review only. It's just not in compliance with a comprehensive plan, but in compliance with Article 25 of the zoning ordinance. And this one is at 4089 Ironworks Pike, which is the campground portion of the horse park. This is the property right here, and this is the actual location of where they want to put the temporary tower. Next one, Bill, please. This just shows the lease area. It's a 10,000 square foot lease area right there. This is the access into the campground, and then there's like a little loop road with a parking area. They're going to put it here, and it's a 10,000 square foot area. It's 100 by 100 feet. it'll be enclosed it'll enclose the tower itself the equipment truck the backup generators and it'll have a perimeter fence around it the tower itself will be on a trailer and it'll be supported by guide wires to make it more or less permanent it'll still be a temporary tower but it'll be more or less permanent the overall height will be 86 feet it'll be 81 feet with a five foot lightning arrestor. The fence around the lease area will be six feet tall, and then it'll only be on site for two months. They're planning on taking it down on August 1st. And if you have any questions about this one, I'd be happy to try to answer them. This shows the lease area with the trailer for the tower. This is the equipment truck, and then these are the generators. And then the elevation would be, it's a permanent height or standard height that's stable. And it's 81 feet to there. And then this is the five-foot lightning arrestor. It'll be on this trailer right here, very similar. And if you have any questions, I'd be glad to try to answer them. Questions for Ms. Rikers? Is there a time limit, six months, the limit on that? Time limit is six months generally, and then they can request an additional six months, but they only want to put it up. They wanted to put it up on June 1st and leave it up until August 1st. Ixuse takes place in July, and they wanted to leave it up for just two months, and so it'll be taken down August 1st. But, yes, six months is the limit without an extension. What about if Ixuse comes back next year? They can do it again. They can ask for it again. They'd have to go through the same process. Other questions? With this one, Barb, state-owned property, do we have any action at all to take? You don't need to take action on it. It's basically like a public facility review in compliance with the zoning ordinance rather than the comp plan. So you motion that it is in compliance or no action is needed? I'd say no action is needed. No action is needed. Okay. All right. Anything else on this one? If not, okay. Thank you. Okay. Next one is item B, and that will be at Keeneland. And this is going to be for the purpose of the Breeders' Cup, basically. It's going to be up longer than the Breeders' Cup is in session, but they want to put it up the first part of July and then leave it up until November 15th. Anyway, it'll be located right there between the track and Versailles Road. And it'll also have, put up the next one, Bill, please. This will be a 2,500-square-foot lease area. It'll also have the equipment truck. It'll have the tower and a backup generator, and it'll be surrounded by a six-foot security fence. The zoning ordinance requires an eight-foot fence for temporary towers as well as permanent towers, So you do have the authority to either allow them to do the six-foot fence or require that they do the eight-foot fence. They haven't exactly asked for a variance, but they're proposing the six-foot fence. And so it would be up to you to decide whether you want to do the six-foot fence or the eight-foot fence. I don't think there are any real extenuating circumstances to allow them to do the six-foot fence. And I would recommend that you make them do the eight-foot fence, and we'll do the permit reflecting that. But that's what they would like to do. This is also going to be supported by guy wires, but it's going to be a telescoping tower. If you could put the next one up, Bill. It has the capability of extending up to 99 feet 9 inches, but they only want to do a little bit less than 63 feet. And we will issue the permit based on what they have requested. Article 25 limits the height to 70 feet, and this falls within that, and it also requires the 8-foot fence. And then the 6-foot time limit, it falls within that because it will be taken down by the middle of November. And if you have any questions about this one, I'd be glad to answer those. Questions? What type fence, Barb? Are there any aesthetic considerations? Usually, with the permanent towers, we require screening. With the temporary towers, we don't, but there are trees around, so it'll have some screening. So this won't be visible from Versailles Road? I'm sure it will be visible in some locations from Versailles Road, yeah. It's right across from the airport. Is that the reason they're arguing for six rather than eight? No, I don't think so. I think they just probably, it's easier, would be my guess. It's more common to have a six-foot fence than an eight-foot chain-link fence. Other questions? Yes, ma'am. Since that is so close to Versailles Road, I guess I'm thinking about it as a projectile, if we would have a high windstorm or whatever, that one is telescoping. I understand that. It's stabilized by guy wires, too. I mean, the guy wires will be attached at least in three places, so it'll hold it. It's not going to be a telescoping up to the full extent that it can. It's just the telescoping allows it to go above the 60 feet if they have to, but they're only asking you to do 63 feet. Okay. Thank you. I'm curious, any thought with the fact that Breeders' Cup is the end of October and they're asking to put it up July 1? I guess they have requirements that they have to have them up for not necessarily a certain amount of time, but to allow them time to get everything taken down, everything put up, and construct a lease area, take the fence down when it's done, that kind of thing. Okay. All right. Yeah. Other questions? Barb, you realize if we vote for this, we're going to put a cow on Keeneland, don't you? I will. it may not be the first time it probably won't be the last time it may not be the first time anything else if not sounds like we've got a consideration of six or eight foot fence and we do need action on this that it would be in compliance with article 25 of the zoning order Mr. Penn But my only concern is if it's going to be there during the Breeders' Cup, if it's going to be there during the October meet, is a six-foot fence enough to keep the tailgaters from climbing the fence? That's one of the reasons I said it would be up to you to decide six feet or eight feet. I think eight feet is probably a better idea. That's a tailgate area. Anything else? Motion? Yes, ma'am. Mr. Chair, I move for approval of the temporary cell tower or cell on wheels to be located at Keeneland with the change that I would like to see an 8-foot security fence around that unit. Motion's been made and seconded for approval of the temporary cell tower located at Keeneland with an eight-foot fence, seconded by Ms. Richardson. Any further discussion? If not, I'll ask for a vote when it comes up on the screen. That motion passes. Thank you very much. And I just want to note that we will be working on Article 25 to at least clarify that, take out that conflict, but probably the only time that you would need to look at these would be if they would be asking for a variance of some kind or if it's on public property and they would review it like a public facility review in that case. Okay. Okay? Very good. Thank you. Under commission items, we do have one other item of business. It was not listed on the agenda. This is the second week of June. In our bylaws, save for the second week of June, we need to form a nominating committee for officers to be elected to start as of July 2015. In the past few years, we've volunteered, asked for volunteers for this nominating committee, and I'll do so at this time. Yes, ma'am? We have one. Is that two, Mr. Penn? Okay, we have two, Mr. Penn. We don't need two, Mr. Penn. We got a second and a third by Mr. Wilson, if that's okay with everybody. I can provide instructions briefly. They will meet and report back at our work session, and a vote will take place at the last meeting in June. Any other commission items? Any staff items? Only to remind you of the work session next week. Work session next week. Anything else, folks? If not, I'll entertain a motion for adjournment. So moved. And a second. By one of those, all in favor, please say aye. Aye. Any opposed? Thank you, folks.