Venus, goddess of love that you are, surely the things I ask can't be too great a task. Venus, if you do I promise that I always will be true I'll give her all the love I have to give As long as we both shall live Venus, goddess of love that you are Surely the things I ask Can't be too great a task Venus if you do I promise that I always will be true I'll give her all the love I have to give As long as we both shall live Baby, not Oh, Venus Make my wish come true If everybody had a notion Across the USA Then everybody'd be serving Like California You'd see them wearing their baggies Warachi sandals too A bushy, bushy blonde haired dude Serving USA You'll catch them serving at night Inside, outside USA Enter a county line Inside, outside USA Use Santa Cruz and Santa Inside, outside USA Off the narrow beach Inside, outside, USA All over Manhattan Inside, outside, USA And down the mini way Inside, outside, everybody's gone Surfing, Surfing USA We'll all be planning out a room We're gonna take real soon We're waxing down our surfboard We can't wait for June We'll all be gone for the summer We're on safari to stay Tell the teacher we're serving Serving USA Can't hang your knees at the wall Inside, outside USA Pacific Palisades Inside, outside USA We're standing over inside Inside, outside USA We're on the beach in LA Inside, outside USA All over the hall Inside, outside USA At Wyoming, the Ava Inside, outside Everybody's got Serpent, Serpent USA Everybody's got Serpent, Serpent USA Everybody's got Serving, Serving USA Everybody's got Serving, Serving USA Yeah, everybody's got Serving, Serving USA Yeah, everybody's got Serving, Serving USA I must have dreamed a thousand dreams Been haunted by a million screens I can hear them marching feet They're moving into the street Now did you read the news today? They say the danger's gone our way But I can see the fire's still light Burning into the night There's too many men Too many people Picking too many problems And I must love to go around Can't see this is a land of confusion This is the world we live in And these are the hands we give up To them let's start trying To make it a place worth living in Superman where are you now Now, when everything's gone wrong somehow, for men to steal, men to power, and losing control by the hour, this is the time, this is the place, so we look for the people. Thank you. Thank you. Thank you. Thank you. The End Thank you. ¶¶ ¶¶ Thank you. Thank you. Good afternoon, everybody. Today, I'm going to call the agenda for the Board of Adjustments May 14, 2018 meeting. The first item of business is approval of the April 9th, 2018 minutes. Those have been circulated by staff. Have all the members had an opportunity to review them? And are there any revisions or requests? Well, hearing none, the chair will entertain a motion. We have a movable for Mr. Clark to accept the minutes. Do I have a second? I have a second for Ms. Whitman. Any discussion? Hearing none, please, well, almost there. Here we go. Please register your votes. Okay, that passes. Ms. Whitman, if you could sign. Generally how this works for those of you who are not customary to come to our hearings, I will normally go through the agenda items in order on the agenda. We will then ask if the applicant is present. Presumably they will be here. We will ask if there are any objections. And at that point, if you want to speak on the case at hand, just raise your hand so I know. And we will then put you on a docket to be heard. And we'll go through the entire docket. And then the first case on the agenda that was unopposed and had the approval of staff will be heard first. and we'll just keep going through all the cases until we've completed the entire agenda for the day. Prior to that, though, I will see, has anyone requested today a postponement, withdrawal, or any other items? We do have one withdrawal for PLNBOA 18-31, Andy Chang. He withdrew his application via email. So that is a withdrawal for the application on administrative review number two, which was an item that we had, I can't recall, continued until this month's hearing. So anyone here on PLN BOA 18-31 Andy Chang, that is at 155 Transcript Avenue. That item will not be heard today. It has been withdrawn. And so that will take care of that application. Okay, so before I go through the docket, I just want to remind everybody to please turn off your cell phone if you have one on or put it on silent. I'm going to, if you do propose to speak today or plan to, I'm going to swear you in so if you could please stand and raise your right hand that includes objectors, anyone who wants to talk about things okay, thank you you swear or affirm to tell the truth, the whole truth and nothing but the truth thank you very much So if you weren't sworn in, don't come to the podium unless you let me know you haven't been sworn in. The next item is for items that have disapproval from the staff. Usually what we do is we have the staff give us a quick summary. Then we allow the applicant to give their case. Then if there's anyone here objecting, they can then speak. And then once again, we'll let the applicant sum up, and then we'll have the item heard. If you have approval, usually what we'll do is we'll have you present your case, and then any objectors can present theirs, and we have rebuttals for each. To keep the agenda moving, we will sometimes put, if there are items that have a lot of people who want to speak, we will put time limits to keep the cases moving forward so everyone can have a timely hearing. And then we can also have the cases closed by the end of business. please do not approach the board unless you've been recognized and do not speak unless you're at the podium if there's something you want to add I will recognize you you can come up introduce yourself to the podium and then you can speak and with that being said I will then now call the agenda. So the first item on our agenda is a variance appeal PLN VOA 18-33 distinctive design. Is the applicant present? Thank you sir you don't need to do anything right now. Is there anyone here that wants to speak on this matter? Okay well since this was disapproved you'll be the first case that gets heard after we go through the uncontested cases. The next item is PLN VOA 18-35 cello properties LLC is the applicant present sir thank you is anyone here to want to speak on this matter in opposition okay so you'll be the first case heard the next item on the docket is PLN BOA 18-37 Greer Land Company applicant present thank you sir is anyone here wants to speak on this matter PLM BO 18-37 okay then the next item is a conditional use appeal it's PLM BO 818-34 Shepherd's house journey cure is applicant present thank you sir there's anyone here wants to speak on this matter okay so that won't be heard I'm I'm assuming you gentlemen speaking in the hallway won't help? Okay. Thank you. The next item is PLMBOA18-36, Transylvania University, applicant present. Thank you. Is there anyone here in opposition to this matter? Thank you, sir. The staff has, real quickly on the opposition, the staff had mentioned that your objection may be related to dumpsters on different property. or on these properties? On these? Well, I guess the question is, Mr. Marks, could you assist me here? I don't think we got a direct answer to your question. I think we need to clarify the answer first. Yeah, my question is, is your objection as to 331, 333, and 345 North Broadway? We need to come down. Okay. My name is Harry Stephen Brown. I live at 360 Hampton Court. I'm here to speak in opposition to any additional dumpsters and also a potential solution to solve the problem. Okay. Well, I'm going to put you guys to be heard. I would recommend you speak with Mr. Murphy and Transylvania and let them show you the plans. because I've seen the plans. Okay, because if because if your objections to dumpsters on other properties other than this property, it wouldn't be germane to our hearing. The dumpsters that are on the property and in the new expansion area are also near my property. I'm right behind it and my issue has to do with the time that the dumpsters are being dumped. the ordinance says 6 and the correspondence that I have here says 530. I would like a clarification of that. Okay. Well, in that case, we'll please have a seat. I do support the project at Transylvania. That's fine. We'll then have this one to be heard. The next item is PLM BOA 18-38, Iglesia Evangelical Christian Spirit Church. Is the applicant here? Thank you, sir. Is anyone here in opposition? Okay. The next item is administrative review, PLN BOA 18-26, Mini Sharp. Is applicant present? PLN BOA 18-26, Mini Sharp, related to 5942 Sulphur Wheel Road. Is there anyone here in opposition to that matter? Okay. Okay. Okay. Well, Ms. Jones, what do I do if the applicant is not present when I call the agenda? I don't think I've had this occur before. Well, if you want to, you can call it again later and see if anybody comes, and then if not, you can decide what you want to do with it. I will do that. Okay. My next question is, we have a huge crowd today, and no one is here speaking hardly at all. I'm just curious about this side of the room, what case you're here for. Are you just watching? Yeah, come on up. Yeah, come up to the, I just want to make sure that. My name is Guy Heuclid, and I'm chairman of the board of the Shepherd's House. And I think a lot of these folks over here are in support. Okay. Shepard's House. So that's, and we'll be happy to speak if you need. Oh, I just wanted to make sure that. We've got lots to say. I wanted to make sure that there wasn't, sometimes people don't realize they're supposed to let me know if they want to speak. So I just wanted to make sure that was the case. Perfect. No, I can live with you not speaking. Yes. And ma'am. There are several of us here along Royster Road that weren't within the boundaries of the notification area about the Shepherd's House project. Okay. And do you guys want to speak today? We may. We didn't really know what the boundaries were because there's a leading neighborhood association, I guess, where it sits. So we were just kind of here. Well, ma'am, the good news is this one is to be heard with legal counsel already in opposition. That's right. So when we get the case called, then if you guys want to speak and you have not been sworn in, just let me know. And I'll be able to fix it at that time. Thank you. Thank you. Okay. Okay. okay so the first case we have that has no opposition the staffs approval is Cialo properties LLC's request for a variance to reduce the minimum building setback from a floodplain from 25 to 0 feet per new construction at 1389 Alexandria Drive is the applicant present come on up sir if you would state your name for the record uh james d bennett mr bennett the staff has recommended approval subject to four conditions have you seen those conditions yes i have and are you in agreement to abide by those conditions yes sir okay um in that instance um you don't need to say anything right this second but does anyone on the any board members have any questions for the applicant we're hearing none the chair will entertain a motion I move we approve PLNBOA 18-35 CLO Properties LLC's request for variance to reduce the minimum building setback from the floodplain from 25 feet to 0 feet for new construction in a neighborhood business B1 zone at 1389 Alexandria Drive. based on the recommendations by staff and subject to the one, two, three, four conditions outlined by staff. Thank you, Mr. Needham. Do I have a second? Second. Mr. Glover seconds. All those in favor, please vote once it comes up. and note that my computer is restarting, so I will need to let you know that I'm voting as an aye vote. Yes, I am voting yes. And once my computer comes back up, I'll electronically register again. Well, sir, thank you. You've been approved. Good luck on your project. Thank you. Thank you. The next unopposed matter on our docket is PLN BOA 18-37. Greer Land Company's request for a variance to increase the maximum building setback from 20 to 33 feet for new construction at 1100 and 1108 South Broadway. Sir, please state your name for the record. My name is Matt Carter with Vision Engineering. I'm here on behalf of the applicant. Thank you, sir. Staff has recommended approval based upon the four conditions. Has your client agreed to abide by those? Yes. Thank you, sir. Does anyone have any questions for the applicant? Okay, hearing none, I will entertain a motion. I move we approve PLNBOA 18-37 Greer Land Company's request for a variance to increase the maximum building setback from 20 feet to 33 feet for new construction in a neighborhood business B1 zone in 1100 and 1108 South Broadway, based on the two staff recommendations and subject to the four conditions outlined by staff. Thank you, Mr. Needham. Do I have a second? Second. Mr. Clark seconds. All those in favor say or vote. I am a yes vote. Thank you. Thank you. You've been approved. Thank you. You're with the LASIA? Yes. Okay. Matt Carter, Vision Engineering. Thank you, sir. Chairman's mic's not on. Yes, they have. Chairman Groves, can you get your mic on? Thank you. I'm sorry. I did have it on. These are going too fast. I keep switching back and forth. Does anyone have any? I will entertain a motion if there's no questions. I had one question. I don't know if the map that came with my... Your address is Hurricane Hall, correct? Yes. And that's your office address? Because 1718 and 1722 Bryan Station Road is where the church is located? The church is located on Hurricane Hall Road. Okay. What do you guys have? Yeah. You have the interstate running here. I understand. And I have this. Mr. Needham, I think you may be looking at a case from last month that had a similar applicant name. Okay, maybe. Oh, yeah. Yes, you're right. That was included in my packet. Iglesia Adventista del Septimodia. Yes, we heard that one last month. Okay, my confusion, sorry. Any other questions? Well, hearing none, I will entertain a motion. Mr. Chair, I move we approve BOA 18-20 Iglesia Adventista del Septimonia. Request for conditional use. No. no am i reading that wrong i'm sorry that's the case from last i should read it from the docket the docket has the correct name instead let me make that motion again mr chair i may i move we approve boa 18-38 iglesia evangelica christiana as spiritual request for a conditional use permit to construct a new church building in the agricultural rural zone at 3696 hurricane hall road for the reasons recommended by staff and subject to the six conditions listed on the report thank you mr glover is there a second miss whitman seconds the motion any discussion hearing none then please register your votes Motion is approved. Good luck with your project. Thank you. You're welcome. Has many sharp surfaced? All right. We'll continue on with our cases. The first item to be heard today is PLN VOA 18-33, distinctive designs request for a variance to reduce the required side yard setback from 8 to 3 feet for construction of a garage at 3137 Starling Drive. Is the applicant present? Sir, come on up. And if you would, sir, just state your name for the record. Charles Penn, distinctive design. Thank you, sir. If you want to have a seat in that first row, then we'll have staff talk, and then we'll give you an opportunity to speak. The applicant has requested a variance to reduce the required side yard setback from 8 feet to 3 feet for construction of a garage. at this location in this situation a we can sometimes average out a side yard to equal the required amount of side yard so in this situation the applicant could actually go to four feet without requiring a variance using the averaging method however there is a section in the zoning ordinance that says that you cannot get any closer to the side blot line than one half of the required yard so that is why we're having to have the variance from four to three that was initially miscommunicated to the applicant and they had moved forward with construction of this I think they've gotten footers poured their building permit application did show four feet and that was what building inspection was expecting so the staff has recommended disapproval in spite of our miscommunication because it does not appear that there are any special circumstances that really justify the need for the variance the applicant has said that it would be easier for some doors to align with that extra one foot but the garage is slightly larger as proposed is slightly larger than your typical two-car garage there are 15 houses that front on Starling Drive and none of them have any sort of variants on their side yards or or are not compliant so this girl at this garage being four feet from the lot line would already be considerably closer to the property line than any addition to any of the other houses on the street additionally their neighbor at 31 41 is the only other house that has a two-door, two-car garage, and it's about 24 feet wide instead of the 28 feet that they're asking for. So it is doable to do it within that lesser distance. We do have a photo we can put up to kind of show you the street view of the property, just to give you a little bit better idea about how... So they have the existing carport there, and the garage is proposed to extend on over to the end of the pavement. I don't know how visible that is. and if you have any questions yes plus the entire carport and it will extend beyond where the carport is now real yes I do have some questions for you on them the first one is the building permit shows four feet from the correct line okay and they've now come and ask for three feet or did they they get a permit they poured three feet and now they're asking for three feet they they came to us to ask for a variance and we determined that they would not have to do that based on the side yard averaging but we did not realize that the provision that said that they could not have half was there at that time I'm not sure I think they were kind of between three and four feet and the building permit those plans do show four feet and those were never updated to reflect three feet. So originally staff thought they could go down to three feet, right? And then were they informed of that? They were informed by building inspection whenever they went out to inspect that it was not in compliance with the plans that had been submitted, but also that that this issue was was a planning issue as well and they would need the variance. But they had already poured the footer at that time i believe so okay so they spoke with you they poured the footer building inspection went out and said you're not in compliance between speaking with me and thinking that they did not need the variance and updating the the building inspection plans those did not that new plans did not get submitted for that so it's kind of a maybe the ball was dropped in more than one situation on our part and maybe okay all right any more questions for staff at this time I do. So when you're the extension, it goes out past where the current driveway is? I'm not sure if it goes, that may be a question for the applicant. If it goes to the edge of the driveway or a little bit beyond that, I'm not 100% certain. Just looking at the image. Any more questions for staff? I wonder if we could get a closer look at that picture. Can you pull that picture in a little bit closer? This was not included in our package, and I'm seeing it for the first time. Maybe lighten it. Thank you. No questions. Thank you, ma'am. Sir, come on up. You don't, by chance, have any elevation designs, do you, for us? What does the final product look like? I had handed those in. I thought you all would have them. I don't. Staff, do we have any? The only thing I brought was a site plan I turned in for the first time. Well, while they're looking, sir, please proceed with what you want us to hear today. Do you have an elevation here we can put up? Thank you. So when I applied for the permit, Fred told me I needed to go out and measure everything out because I might be close to the side yard. So I've dealt with various variances for 10 years. So I immediately went up to zoning and immediately went up to zoning, explained what I was going to do or what I was trying to do. and I was told about the side yard variance and that would need so many square feet of side yard. I personally went out and measured. It's actually the side yard behind that garage right there. And I had well enough to take the side yard averaging plus about 30 or 40 feet. and but just because the house sits at a catty corner just slightly I felt like we needed 12 more inches more than back basically where it says we're going from eight foot down to three foot we're going from four foot to three foot because I can do the four foot without being here but I need that that extra 12 inches is what it is it's not a three foot divide there so I hardly got the package together for last month turned it in and gave a check and the day after the or second day after I was called and said they had reviewed the plans and so forth and I wouldn't need a variance so I said are you sure I just I can be within three feet so forth this that and other and i got an affirmation on that a couple days later i got a phone call to come down to get the check that they couldn't hold the check over 48 hours i think and so i reaffirmed the three foot i said basically if i got to get to two foot would it be okay i used that that example several times and got an affirmation so i i took my check back there was no meeting last month The next thing I get is a call from my homeowner verifying our meeting last month. I said, no, not at all. How did you get the idea? Well, they went on and sent out the letters for last month also. So I said, no, we've already talked about this several times. So as it came up on the schedule, we were going to break ground. The guys called me and said, we're getting ready to dig the footer. Are we okay out here? I said, as far as I know, but let me call and just verify it. So I called, went through the same scenario, got the same affirmative answer, so I let them go. About, I don't know, a week after that, one of the neighbors I had talked to the homeowner said they were a little concerned, so I stopped to work on it and had the line staked out. and then Fred sent sent me a letter said that he had put a stop work I said that's okay because I've already got a stop work on it myself and then a couple days later the zoning call said they were sorry that the information they had given they hadn't read a further passage there and I did need a variance so we got together again I took the check down and I talked to Billing in the meantime about what was going on they said well since all this is going on and I really you really didn't try to do anything underhanded I thought it was doing what we were supposed to do they'll probably say it's okay but and then when I got the recommendation here I'm sort of taking the back really because I'm asking for 12 inches for the homeowner something we were told we could do and and now if uh if i don't if we don't get the variance we're talking about re-engineering redesigning uh 24 by 18 inches of concrete about 25 feet back so i to be fair to the homeowner which didn't cost them several thousand dollars because they they weren't involved in to be fair to us also i've done this for 15 years and i thought i had done everything i needed to do So when they called me and I called 15 minutes before digging, I thought everything was fine. Any questions for the applicant? I'd like to ask specifically, just to clarify in my mind, what has been done to this point? The pad's been poured with the footer. It was a monolithic pad with footer. Okay. And you have an average, just an estimate of what that costs. so so far i i don't right now probably seven to ten thousand dollars okay and so what would or the full pad mr clark i think it's seven to ten for the full pad and all the footers not just for the yeah that one foot area yeah i'm just but to redo it we're talking probably three or four thousand dollars okay that's what i'm asking okay i'm sorry yeah yeah um and so So other than that, what is the problem of going back to four feet? Problem of what? I'm sorry. If you went back to, rather than three feet, if you went back to four feet, what would be the problem with the construction of the garage itself? Well, I'd have to go in there, take all the concrete out, re-pour that whole line in there for that wall. I can't just ease the wall in that foot because then I'd be off the footer and the structure wouldn't be safe. Okay, I understand. Thank you. So that 12 inches really means a lot. I have a question. Is there any particular reason why the garage is as large as it is? I mean, the staff report says it's got two garage doors and it has manned doors. I guess that means an entry, you know, just a regular door entry. I mean, is there some particular reason why it has to be that large? Yes, that's what the customer decided that they wanted, and we had the cabs drawn out for them. But there's no particular. It's what it suggested for us. It's just what the customer wants. Yeah. Yeah, the client, the homeowner. Okay. i also have a question is the um the entire garage is not crossing over that portion of the line correct is it just like the front corner that's within the three feet side okay it's a side lot but where it sits cat a corner well and to your question before when we had the picture repair of the drive it's exactly where the drive is now or was then okay okay yeah um and i also have a question uh just just to clarify it in my mind you you say you got verbal approval from the planning staff before you poured anything is that right you call them in advance about 15 minutes before we started digging the footer who'd you talk to autumn autumn okay and autumn said autumn confirms that is that right autumn yeah okay thank you sir it just really to take it off on it was a mix up and we just we didn't have the right information and she didn't have the right information and that's where it's come down to 12 inches now okay thank you and from staff is or could be from the city is there any issue with any kind of fire issue with it being it looks to me like it's still going to be a good seven feet the walls are already fire rated fire rated okay they have to be less than five feet anyway we've already done that i mean that's in the plan okay yeah and no windows on that side of the garage I'm sorry are there windows on that side where that it would be on this elevation chart here if it is I have to look at it can you scoot it around to the end there or just say yes or no are there any windows on the side of it It doesn't look like it. It looks like an indoor right there. Door, right there. Door, okay. Just an inference, no windows. That door would need a sidewalk to it? Just a pad. Two-foot pad. so then you're okay one foot from the neighbor it just it just needs a stoop right there so you can step down in step on it okay what could I see more of the front besides the two front door the garage doors so that's that's it may be beneficial if you just pass that down the line so everyone can look at it because right now we're just getting kind of piecemeal there we go so what part of the garage is closest to the property line the front front part of the back part where you see the two doors the right hand side the front part you're looking at the front part where the two doors are so the against the line would be the left hand close the right hand side that's the closest part so there's no tapering of the property line is that i think what you're referring to it looks like it in in our photo but it was because they were using an average and that's what you're thinking as well initially which made me think it's not the same distance the entire time the average does take into account the rear part of the house we're going to put up the site plan that was included in the notice letter that shows a little bit better the whole property and the entire house yeah it looks like from that drawing that that the front part of the garage is closer to the property line than the back part of the garage is that two inches about two inches yeah so it's just it's not as quite as much as it looks like on that little okay so it's a very slight very slight okay is there a rear exit from the garage is it going to be two looked like to me they had a sliding door there so it's gonna be a sliding door on the back of the garage i guess for lawn mowers and things like that because honestly i'm very sympathetic to your application i am bothered by that side door if we're down to three feet you know you're pretty close to the neighbor's property line so if you're bringing anything even a lawnmower in through that door you're likely crossing over to the neighbor's yard the answer i'm not sure why they put the side door on there because they do have that big sliding eight foot slider in the back so that's i have no clue about that that's just the way it was drawn out the way they wanted it I doubt very seriously if they'll be taking lawn mowers through that little door or anything else through that little door because they've got two large ones in the front. Well, they're taking something through it. He wouldn't have it. I'm sorry? I said they're going to do something with that door. They wouldn't have it. I mean, it's an odd. Go in and out of it, I guess. I'm not sure why they wanted it there, honestly. I didn't see the photo. Is there a door in the rear? Sliding door. Sliding door. Another garage door, single garage door, up and down. So there is room for a door behind, a man door behind, or a 36 or 32-inch door in the rear. I agree with you, Brandon. I'm inclined to. I mean, it's taken up the same space that they're parking in anyway. It's that side door that creates the issue for me. i get rid of the side door what's that i can get rid of the side door if i have to okay i mean we would uh it would make us make a break yeah it would make us feel better about going against the staff's recommendation that's fine if we deleted that side door because the side the use of the side door puts any use of that side of the garage i agree with you on or near the neighbor's property and I think that would eliminate any kind of privacy issues for the neighbor if there are no windows or doors on that side well my sense miss Jones is that you're already writing thank you are there any more questions from the board for the applicant okay well hearing none and since the applicant is agreeable to removing that side door my sense of the board is that we will likely have an approval of this matter so give us a couple minutes you have a seat sir while our legal department writes up a differing source of facts for us okay thank you yeah we're going to take a short break and we'll gavel back in once they're finished thank you Thank you. ORCHESTRA PLAYS ¶¶ . ORCHESTRA PLAYS The End ¶¶ The End Thank you. Thank you. Thank you. Thank you. The chair will entertain a motion. I move we approve PLNBOA 18-33 distinctive designs request for a variance to reduce the required side yard setback from 8 feet to 3 feet for construction of a garage in a single family residential R1C zone at 3137 Starling Drive. Based on the testimony of the staff and applicant, The recommendations for approval of a variance include, number one, this particular case raises a unique set of circumstances because both the applicant and the staff relied on miscommunication, which resulted in the expense of the footers and concrete being poured and the expense being incurred. Disapproval will result in, I'm sorry, be incurred, period. Number two, disapproval will result in a hardship to applicant financially to comply with a side yard setback without a variance. And then there's three conditions. Number one, in adding the conditions for approval that the side door will be removed from the structure. Number two, the construction will be according to the site plan. And number three, they submit a revised set of plans to building inspection. So, sir, the motion is to approve the plan with those three conditions. Do you have the authority to bind your client to abide by those three conditions? Yes. And are you agreeable to those three conditions? Perfectly. All right. Do I have a second? Second. Thank you, Mr. Clark. Any discussion on the motion? I have a question. We discussed removing the door on the side. Do we need to make that a condition or is that implied? Is it a condition? That was the first condition. Okay. Sorry, I missed it. The condition. Okay. The side door will be removed from the structure. Any additional questions or comments on the motion? Hearing none, please register your votes. Your application has been approved. Good luck with your project. Thank you. Thank you. Ladies and gentlemen. So the next item on our agenda to be heard is conditional use appeals. The first one is PLN BOA 18-34, Shepherd's House Journey Cures. Request for a conditional use permit to operate a rehabilitation home at 2326 Royster Road. Applicant present. Please come up, sir. And state your name for the record. Nick Nicholson here on behalf of the Shepherd's House and Journey Pure is actually the name of it, not Journey Cure. Oh, okay. That's just a slight typo there on the record. Pure P-U-R-E. Yes, sir. We'll note that for the record. And Mr. Nicholson, the staff has recommended approval. I know there are people who want to speak on this, but in the meantime, have you read the four conditions? We have and we are in complete agreement with the staff. Thank you, sir. Well, since, and I can't recall, please raise your hand if you're here in opposition to this matter today. And keep your hand raised if you want to speak. You're allowed to speak. You don't have to put them down if you don't want to. Raise them high so I can tell. All right. Mr. Nicholson, how long do you think you'll need for your? I mean, probably just about 15 minutes. So I just kind of want to tell you all a little bit about, you know, Shepherd's House and what we're asking for in hopes that that very well might relieve some of the concerns you're going to hear. And I see Mr. Walburn's here on behalf of one of the opposite. Is 15 minutes plenty of time for you? Well, we'll start at 15 and we'll go from there. And then we'll limit comments from the public to three minutes each. So I would say proceed. Great. Well, Nick Nicholson here on behalf of the applicant. With me as well is Jared Thomas. He's the Shepherd's House President and CEO. Kevin Lee and Jerry Lucas are here with Journey Pure. They will be kind of in charge more of the operations side of things that I'll get into later. Guy Huglett, who you heard from earlier at the beginning, he's the chairman of the board of the Shepherd's House, and several other board members are here. And Pat Madden is also here, who represents the property owner, which is the Bluegrass Boys Ranch. I don't know if you all are familiar with Bluegrass Boys Ranch. I certainly was not at the start of all of this. But for many years it kind of operated as a middle school to get some kind of wayward kids back on the right path by doing more of a residential style kind of middle school. There's also some representatives from the Lexington School that are here to tell you about a scholarship fund that is being established by this basically the Shepherd's House program taking over. What the Shepherd's House is, is it's a Kentucky nonprofit corporation. It's kind of here in Lexington. It's been around since 1989. It was founded through the Good Shepherd Episcopal Church. It has three kind of outpatient residential facilities here. It's, you know, I'm sure what you all are thinking when I say something like that is halfway house. That is not at all what this is. What this basically is, is a way for residents that have been dealing with addiction issues to attend therapy, go through 12-step program meetings, and kind of work their way back into taking on responsibilities, finding employment, and kind of just building independence in a more controlled environment and a sober living facility. At the very start of the program, what Shepherd's House wants to do is get a 12 to 18 month commitment from these individuals that are willing to kind of work through the different phases of the Shepherd's House program, which kind of obviously, you know, the less kind of supervision that you need, the further you kind of proceed along in those phases. The big kind of concern that the Shepherd's House sees right now is in order to even apply to their program, you have to already have completed an inpatient treatment program of either 30 to 90 days. And unfortunately, we don't really have those here in Kentucky. We certainly don't have them in Lexington. And so Jared himself tells me that he sends about 50 people out of state every year in order to try to seek that initial step of kind of the inpatient treatment before you can even get into the supervised residential structure that the Shepherd's House focuses on. And what we're really hoping for and what we're here for today is to try to close that gap. We're trying to basically offer a full range of treatment. I know that it will not surprise you all to know that the earlier you get someone into a controlled environment once they've made this decision to seek help, the more likely that that intervention is really going to hold this time. And so we don't have to send somebody out of state anymore. Jared told me a story where he's bought bus tickets for folks in order to get out of state to get in a program because they knew that he was serious about seeking help immediately, but didn't know if that was going to take after two weeks of sitting around trying to find that program. And so we're proposing to do a 32-bed inpatient facility here in Fayette County. It would have three to five employees on site, one supervisor that would be there basically throughout the night. We're talking counselors and clinical directors. We are not talking about medical treatment in any way. This is not a detox facility at all. This is once they have already gone through a detox and are looking to basically get inpatient treatment that is controlled 24 hours a day, seven days a week for that 30 to 90 day period before you then transition into sober assisted living that is outside of the full 24 hour a day control. It is focused on individual and group counseling. It's kind of working with folks to address the physical, the psychological, the social, and the kind of spiritual needs that you have while dealing with issues with addiction. Now, this is a, I always forget this, but this is just a quick overview of the board members and the advisory boards. This is an incredibly passionate group of people that are very active and involved in this venture, and that's why many of them are here today. And I'm sure we'll basically add in their own thoughts on why this is such a kind of vital program. Here is the kind of scary part of my presentation. Kentucky has a serious problem, and I know that that is not news to anyone here. The way that the Office of Drug Control Policy here kind of issues statistics is it's kind of delayed by two years. The 2016 report just came out about a month and a half ago. And so when you're looking at these numbers, just notice the trends, because what we're seeing here is from 2013 to 2016, you saw a jump in 40% on overdose deaths. Kentucky, this last year, was the number two in the country. at this. It is consistently year in year out in the top five. The heroin and fentanyl's numbers are the real eye openers. They are the eye openers because they are increasing dramatically. I know you all have heard about this problem. This is not news to you, but if you look at the numbers in just one year, fentanyl went up from 34% to 47% and that I'm willing to guarantee is just going to be increasing as we find out what happened in 2017 and what's going on in 2018. The national problem in comparison to Kentucky is not as bad. Kentucky, while it's not double the per capita rate, it's a lot closer to double than it is national average. And we're talking about people that are between 35 and 44 as the highest number of demographics. Those are some of society's most economically productive people. When you are supposed to be looking at your prime earning years at some of this time period. And it's quite frankly frightening to think about what is happening when they're basically being taken out of the workforce. Now I show this to basically show the difference again in Kentucky versus the United States. You can really tell on the inpatient stays, we're rising a lot faster than national averages. Not only are we larger, there's higher numbers here, we're outpacing the expansion of the national numbers. And that is a very frightening trend. And this is not just Appalachia. This is a Fayette County problem. Fayette County is the number two county in overdose deaths in Kentucky. We had 575 overdose deaths in just a four-year period. That beat number three by 178 deaths. this is a Fayette County problem and what we are hoping to do here today is to give an answer or at least part of an answer to that Fayette County problem and we think we have found the absolute perfect place the Bluegrass Boys Ranch as I said it was originally designed as a middle school to basically have in you know a dorm room style more intensive teaching for some kids that have kind of lost their way and i didn't know much about it i certainly didn't know the extent of the facilities that are already out there but this is perfect for what we are proposing to do there is already adequate infrastructure on site there's substantial kitchen space there is dorm room style residential this goes down a hall you can't really see but those are dorm rooms off every single one of them there are group bathrooms there is lounges there are recreational areas there is a library there is office space this is a huge facility that is out there that's in existence today that can just be renovated yes there's some renovation that needs to occur we're going to have to work on some things such as the septic tank but that's part of the renovation project that we know we're going to have to do at the end of the day what we're doing is taking an existing facility that has been underutilized since the ranch kind of closed down and we are going to turn that back into what the basically the original mission was. We're taking people that have kind of gone off a wayward path and we're trying to reintroduce them into society. That's exactly what the ranch originally stood for. That's exactly what these facilities were designed to do and we're just putting that into a older age group right now. Now there's a whole lot of people here that I do want you all to hear from because I want to say that they're much more experts on this topic in this use as i am so i would invite any kind of supporters to come up and talk if you have any questions before that happens um i certainly would love to love to know feel free i've got a question mr nicholson what happened to the bluegrass boys ranch mr madden might be able to explain more than i can Patrick Madden on behalf of the Bluegrass Boy's Ranch. The Boy's Ranch was originally set up as a home for orphans by my mother and Burdette Campbell. The state then started accepting, basically not saying put us out of business, but they took all the orphans, so there weren't really any orphans anymore. So my mom converted it into a place for academically gifted middle school students. to come and live and get out of a out of not so good an environment. We took them to this facility. Then then the next thing that happened was we we had difficulty with the running the facility and we we switched the mission of the boys ranch to provide scholarships to academically gifted kids, middle school kids in town and we were going to send them pay for their way to go to the Lexington school. So that's what's going on with the boys ranch now is that every and we just we just had our interviews. We've just selected the new the new kid that's going and we are taking kids who are currently going to the public school systems who are basically straight A students and who want to go seek private education but basically their their their parents can't afford it. So now we don't have the need for the facility, the boys ranch is still in existence and I would like we have people here from the Lexington School. I would like for them to come up in a second and and describe how the program is working. But now the boys ranch is going to continue and basically we're gonna it's not really a merger but it's a co. It's almost a merger between the Shepherd's House and the boys ranch where the Shepherd's House now supports the scholarship fund for the boys. And here, why don't we have two people from Lexington School speak. Thank you. I'm Jerriann Blevins from the Lexington School. And I'm Amanda Hale, Director of Development at the Lexington School. I just want to share with you a little bit about the program in the partnership that we've had over the last several years. So six years ago, the Bluegrass Boys Ranch and the Lexington School entered into a partnership that has provided a unique and incredible opportunity for some bright young and deserving boys in central Kentucky. And it's also provided a tremendous benefit for the Lexington School community. Through the creation of the Bluegrass Boys Ranch Scholarship at the Lexington School, A full three-year scholarship is awarded annually to a rising sixth-grade boy who demonstrates strong academic promise and significant financial challenges that would otherwise prevent him from being able to attend, or really their families even to consider attending the Lexington School. Through this scholarship, we've had six incredible young men chosen to come and join our community, and not just them, but their families. And the impact hasn't just ended there because for several of our boys, their siblings have followed as students. Other children who have gone through the program have been able to come to the Lexington School or through the scholarship application process have been able to come to the Lexington School through our financial aid program. So it's really opened our community to a group of children that we have not been able to serve before and that they've been a tremendous benefit to our school, our students, our teachers, and our families. Let me interrupt you just a second. This is all nice to hear, but I didn't hear from Mr. Nicholson that there were going to be children at the rehabilitation home. Did I? There's not? So what's this got to do with the? So even though the Bluegrass Boys Ranch is going away, the scholarship that they established will continue to exist at the Lexington School through the partnership with the Shepherd's House. Otherwise, that scholarship program, I guess, would be in question. And it is something that has been a tremendous impact for us, wonderful impact for the children, and we very much would like to see it continue. So you asked what's happened with the boys ranch. Basically, we've gone from a facility where the boys are going to the facility, we're providing scholarships, we don't need the facility anymore. So then I came, this facility was sitting there, it's perfect for something. So then that's where I met with Jared Thomas, who's also here, and then we've reached basically this this uh trans i don't want you know i don't merger or whatever you want to call it where the boys ranch will continue to provide the scholarships we don't need the living facility now we're putting the facility to a great use and and one that is really if you think about it is very similar to what it's always been which is just housing housing people who who need who need it Is Shepherd's House renting the space from the Bluegrass Boys Ranch? Well, basically, in a sense, they are. We've structured it so that the Shepherd's House gets to have the facility, use the facility, then they help fund the scholarship. So I don't know if you want to call it a landlord-tenant relationship as such. There's that component of it. but basically we've turned the keys over the facility to the Shepherd's House and in exchange now they help fund the scholarships and it's a win-win is the way I've looked at it it's a great great use for the facility it's it's still the boys ranch continues on in their way so now instead of it just benefiting one charity in town it's benefiting two and again the use is basically very not much different than what it's always been it's the house people there's really I mean they're gonna renovate it that's other thing they're bringing a lot of funds they're gonna keep the property up there it's all positive from what I see so does that that answer it yes it does thank you Pat thank you I just wanted to make sure that you knew that the community is not losing the Bluegrass Boys ranch it has transitioned away from an actual heart facility I do have other questions as well and i may be anticipating some of the objectors uh statements but i want to ask you this it uh this is um this is a a facility located in an agricultural zone wouldn't this work better downtown it very well might but um there's not an existing facility like this that is vacant downtown it also like this exists this is a basically a vacant building at this point that should and deserves to be basically kept up and reinvested in and continue to benefit the entire community just as it always has. So the proposal is for people going through the rehabilitation home to live on site? For 30 to 90 days, yes. This is only the inpatient treatment aspect of it. This is not a situation where patients can come and go as they will, where they're renting a home or renting an apartment and working elsewhere this is 100 percent for this 30 to 90 day period people will be checked in and will be supervised 24 hours a day seven days a week for their entire stay here like basically access is incredibly restricted so you'll have a medical staff on board it's not a medical staff no because this is not a detox facility but there are employees that are there that have been running these exact programs and And I can bring up the folks from JourneyPure that are here that actually kind of operate the facilities. And they have several of them throughout kind of the southeast if you want to know more about the specific operations. Well, who determines? I mean, again, I may be anticipating what some objectors, but who determines how long a particular resident resides there and what are the parameters of that? I'm just kind of curious about that. And I think JourneyPure can answer that probably the best. But I do want to stress that, you know, the folks are on this site for a very limited time, and then they would transition into kind of the Shepherd's House, other residential kind of structures that they have throughout Lexington. I'm Kevin Lee. I serve as CEO of Journey Pure. To answer your question, persons will stay at this residential facility until we believe they have the coping mechanisms and have learned enough about where they are and their addiction. to go out, work, function, stay employed, and hopefully go into a shepherd's house operation in Lexington. Is that a medical decision or behavioral or what kind of decision is that? It can be, but it is not always. The persons can come and go. They can leave when they want to, but we give them advice to stay, and they're operating through a treatment plan, and hopefully when they complete the plan. The plan is developed by a licensed clinician and is often consulted with a physician. But we're not providing medical services on the site. We are providing counseling services for them. And they're our licensed personnel. So it's a recommendation rather than anything else to the resident. Right. They're there because they want to be, and they want to be healthy. And that recommendation is made by the professional staff? Yes. Yes. Okay. Thank you. I'd like to follow up, maybe you're the one to answer this, but how are the residents chosen and on whose recommendation are these people chosen to live here? The folks who come to treatment in one of our facilities find us, a family member recommends them to come. Some people will find us through an Internet website or they're referred to us by a physician or another licensed professional. Or it could be a church member. We get referrals. It's not law enforcement or health services? No, people can come. This is not an alternative sentencing facility, though. But it could be that a judge tells somebody, hey, you're going to do jail time or you can go do a 30-day program. But I don't think we'll have many of those clients. Good. Thank you. I have a question. Our staff report says that the people who are admitted to the program are asked to commit to 12 to 18 months. So they go through the detox process, and then they would come to this facility for 30 to 90 days, and then they would transition into another property that Shepherd House runs in Fayette County. Yes. Is that how it would go? And you're asking these people to make a commitment, you know, when they come in. and they're evaluated to commit to this time frame. Yes. The reason for the facility to exist is for persons to go live in a healthy environment, and we call it a controlled environment, but they can leave. Very few do. And the purpose is to get them to feeling good, being healthy for a long enough period of time, then that when they leave, their coping skills are better. they go into a shepherd's house or other type service so they're employed and they're functioning and then they're the chances that they relapse and abuse drugs again are minimized and there's some vocational kind of counseling as well i mean are they are they are they you know transitioned out into a work environment you know at what point are they are they transitioned out into work environment is it at this location or is it the next the next step it can be from this location or it can be through shepherd's house operations we do really we work hard at finding a person a vehicle to get to be employed so it's not any one certain answer there are a few pathways for that okay is there any kind of workforce training involved not not with this facility not with with the applicant, but with Jared Thomas, who runs Shepherd's House. So we're getting in the core difference of what Shepherd's House does now and what we are asking to do out here. There is a difference, but Jared probably can explain a lot better about what we're talking about, the vocational training, in that 12- to 18-month window as opposed to this initial 30 to 90 days. Basically, what we found out about treatment is 30 days is not enough. We had to have a bunch of people graduate from 30-day programs and go out there and die. And then when that started happening, everybody realized that you can't fix a 15-year problem with 30 days of treatment. What the Shepherd's House specialized in, and we were the first to do it back in 1989, is we realized if you came and stayed with us for 12 to 18 months and we focused on daily living skills, the part that teaches you how to pay an electric bill, how to go down to a car dealership and apply for a loan, how to make that payment, how to work off your debt, and everything else. What we found is if we did that, if we trained you on how to do that, how to get a job, how to pay your bills, how to behave in society, we'd have a great success rate. That's what gave us the highest recovery rate in the state is because we spend all day with that. Now, what we lacked is I can't get guys into my treatment facility because they haven't been to treatment yet, and I don't do a 30- to 90-day treatment program. I do a 12 to 18 month treatment program. So I said, hey, I've got to find somebody to partner with me. So I was sending these guys all over the country based on did you have health insurance? Are you homeless? Are you blah, blah, blah? I was spending the bulk of my day telling people, no, you can't come to my facility because you're not ready yet. So I said to Guy Hugelot, I said, we've got to get a treatment center. And that's when I came across Pat's Place. And it was ideal for a treatment center. And this isn't better suited in the city than it is the country. it's better suited out there because in the city you're on a bus line all your problems are right down the street from you out there you're taking care of horses you're farming the land you're learning something about yourself there is a whole holistic approach that can happen out there on that farm that can't happen in the city so we need that those guys taking care of things those guys taking ownership and pride in something is what's going to get them sober that's what has to happen So I went out and found a way to create a treatment center. And Journey Pure, who has partnered with me and has always taken my guys in and moved them to the front of the list so that I can get them into the shepherd's house, they were able to come in and provide the treatment, the front end of it, and partner. And then when you asked about vocation, yes, vocation starts immediately. Doing your laundry is a vocation that will later translate into your job. So we started out there, and then we're going to finish it at the shepherd's house. So now you're checking in and you're doing 30 to 90 days of treatment. Then you come to me and I've got you for 12 to 18 months. By the time you hit the street again, you've been with us for two years. That's a great effort. If we put two years into every person, we've got a chance. So that's what was important to us. That's what had to happen, and that's what we wanted to get done. And through our partnership with JourneyPure, that allows us to do this. And those stats on the wall, if it weren't for West Virginia, we'd be number one every year. but we've got West Virginia so we'll stay number two but that's kind of how we're how we're working right now so this is life or death to me I mean I know that that's what it is and that we're worried about a few other things and septic tanks and so I'll get past the septic tank to save a life it's basically where we're at today if that answers any questions better for you so you plan to have livestock out here on this farm we do we want to do a thoroughbred rescue out there and I thought that tied in great with Kentucky where we could actually help with rescuing some horses. And I tell you, I know it doesn't mean a lot to people, but when those guys take ownership of a horse, a dog, anything like that, it becomes theirs, and they take ownership of it, and then they start to realize what they did to their mom and dad. I know that sounds crazy, but when that horse is dependent upon you to get through its day, it's what you did to your mom and dad. So it all ties in. And the thing, I know that the biggest issue that everybody has and I understand will always be safety. There's not a safety issue out there when there's 24 hours, seven days a week. There's a safety issue when we're out there getting high. If we're not out there getting high and we're in a treatment facility, we're no danger to anybody. But right now, you know, I'm sitting here with three buildings, stuffed full, and I've got an eight-month waiting list. And when a kid calls me today and says, I need treatment, can I come to the Shepherd's House? And I say, how long have you been sober? And he says, about two hours. And I say, no, I need you to do a 30-day program first. I don't know when I hang up the phone, is he going to die today or not? Is he going to make it to the Shepherd's House front door? So that's always the question. So to remedy that, if we stick a treatment center in Lexington, Kentucky, we're going to be part of the solution, not part of the problem. And what's the most important thing is we're not trying to design a treatment program out there to get by. We're going to put in the premier opiate addiction treatment center in the United States of America out there, and that's what we're going to do. It's going to be something that the entire community can be proud of, and it's going to make a difference. So, you know, what I'm asking you today is to be part of the solution. How do people get there? I mean, do people, do they drive themselves out there? Are they free to leave? Nobody's going to drive themselves out there. Trust me, when somebody calls you high, they're not going to drive themselves out there. You've got about two minutes to get to a drug addict when he calls for help. So there's a system in place. They're not going to detox out there because, again, that creates the danger when somebody's in a detox. But after they've made it through the detox phase. So the first thing is we're going to get them to detox. We're in the process right now of working with Central Baptist to get something going here local. as far as the detox side of things but for right now we're having to send them to some other places they'll complete the detox and then they'll be given a ride from that facility into our facility so that there's no leeway same thing when you graduate out there you're not going to be asked to get to my place we're going to come get you and we're going to transfer you out there so shepherd's house is like a second responder and there are third responders past that Is that what you're basically telling us? Yes, sir. Okay, thank you. Very quickly, is any of the treatment involving why people are on drugs to begin with? No. That's a long-involved question. I understand that. No, there really isn't. I mean, I can find you a reason for everything, but I can also find you middle-class kids, African-American kids, white kids. It doesn't matter. This thing doesn't have any boundaries. Drug addiction has no boundaries. It doesn't matter what your mom and dad do. It doesn't matter where you work. It doesn't matter where you live. This thing is real, though. It used to be when we went out there and did something like use drugs and relapse and create chaos, and then we usually broke out in the community with felonies and misdemeanors, but now these guys are dying. A guy used to relapse. You heard about him getting arrested at Walmart for shoplifting. Now when they relapse, they die. They don't live anymore. I want to, if you don't mind, real quickly, what's your plan? And this is really just some of the letters we had written were concerned about possible criminal activities. If you could, would you address a couple items? How do you monitor your patients or your residents while they're there with staffing and other procedures to make sure that people are there, stay there when they're supposed to be there and aren't sneaking off? Well, we'll have staff around the clock. You know, one thing that was brought up is that, you know, they were worried about crime in the area based on the treatment center. You're in more danger if you build a new Walmart or a liquor store. you're in more danger of a crime happening out in front of that place, but you're not in any dangerous stuff. And here's another thing. When they leave because they don't want to go to treatment, we don't say goodbye, enjoy your walk. We call your emergency contact, and you leave against medical advice, but you leave in a car with a family member. We don't send you walking down the street because you don't want to do treatment anymore, so you don't have to worry about that person because they're going to drive out of there, not walk out of there. We've got staff around the clock. So if somebody goes to sneak off and the alarms go off, we're going to go with you. And as you're walking down the street, you're going to have a staff. It's called a crisis intervention. And when somebody's walking down the street leaving a treatment center, that is a crisis. And we have people who are trained to handle crisis intervention. We go, first off, talking men to coming back to the facility. And we don't leave their side because they're in danger of getting hit by a car or doing something else. So we stay with them until the crisis is over. So that's how you do that. You do that through crisis intervention. How is this paid for? Can somebody explain that to us? 80 to 90 percent of folks have a commercial insurance policy, so it's paid for through a health insurance anthem in Kentucky or Beacon or Aetna. That's where we get paid, most of it. We do scholarship folks who have no funding. We average on any one day one out of every 10 or 15 patients or clients is scholarship. So we really try to help everybody who comes through the door. But the way it is now, the adult population is almost, not quite, but almost fully insured. So that applies. I'll add to the security. We do have every client we have on the premises is assigned a liaison, a person who watches there with them. So one employee has six to seven or eight persons are watching continuously. And it's not very rarely does a person go walking off the property. They would be driven away. And you ask about the security. So we're watching them. And we do have a camera system around the house as well. So it's a pretty safe environment. We've got neighbors in other places in Florida and here in Kentucky and Tennessee that we just don't have a problem with the neighborhood. at all. Where else do you operate in Kentucky? Bowling Green, Kentucky, Paducah, Kentucky, Louisville, Kentucky, and Elizabethtown, Kentucky. We have clinics in those four locations and a residential facility in Bowling Green. The residential facility is like this facility? Very similar, yes, sir. Okay, thank you. Are they in a rural area? No, they're not. In Murfreesboro, we are very similar. We're out on land in Bowling Green. We have a parcel of land, but we're one mile south of Western Kentucky University, but we're surrounded by land there where we're positioned. Have you had any issues with adjacent landowners at any of your facilities? No, our landowners are complimentary to us. We could, you know, if you wanted to talk with any of them, they're very happy and very pleased. And the reason is because we don't bother them. We're pretty quiet. Don't make a lot of noise. We don't have people wandering around. There's not much traffic around what we do. So it's secure. Do you get federal grants? Sorry. Do you get federal grants? From time to time we do and there are various types but they are beneficial for the patients who need care. They need a special assessment or a training service. They vary a lot. We don't spend a lot of time trying to get the grants. It's very different from what Shepherd's House may do. It seems there's a federal push right now, and I thought perhaps you might be taking advantage of some of the monies. Yeah, not significantly anyway. Yeah. Let me know if you all have any other questions. Otherwise, we can let some of the other folks want to talk. Yeah, thank you, sir. Thank you. We've had a very chatty board so far. If there's anyone here that supports the application that's not had an opportunity to speak and also has something that has otherwise not been brought to our attention, that would be an opportunity for you to bring that to our attention. If someone's already said it, don't come up and repeat what's been said, but if you've got a couple minutes, come on up. Thanks. Hi. How are you guys? My name is Leah Rainier Warner, and my son actually went through the 12-month program at the Shepherd's House. And I will tell you this. They gave me my son back for almost 15 months. He had struggled with addiction for 10 years, and ultimately heroin took him to heaven about 20 months ago. So I'm here because I want each and every one of you guys to know that my son, if I could have loved him clean, If I could have prayed him clean or bought him clean, he would have been clean. So this is happening in every family. We all want to act like it isn't, and we're all ashamed. I'm not ashamed. I'm proud of him. He had a disease, and it's difficult to deal with. It's not cut and dry, and the questions that you're asking, it's very hard to put in a box and go, yeah, here's the way to help someone. We're trying. You know, Jared's passion is my passion. This is what we need. I've had to send my son to eight different states to do what we're asking to have right here. And it would be really nice to have a family day that I could go and support, could have gone to support him. So I'm just asking you guys, please, you know, look at these numbers, look at these statistics, and look at me. This is a family member of mine. This was my baby, my son. Who has a son? So I just ask you, and don't be afraid. Anybody that's afraid that a drug addict is getting clean, they're putting their life back together. Listen, my son said to me, I don't want to be an addict. He wanted his life back. So help us give these guys their life back. Did you say your name for the record? Excuse me? Did you state your name for the record? Leah Rainier Warner. Thank you. I couldn't remember. Okay. Sorry. I speak really fast. Sorry. Thank you, ma'am. All right. Thank you. Anyone else have any comments? Okay. Hearing none. then we'll hear from the opposition. I marked down the applicant and had 35 minutes, but I blame most of that on my board. However, though, Mr. Walborn, if you could keep it to that, that would be great. Mr. Chair, I'll try to be respectful of your time. A couple of items of business before we get started. First, for the record, my name is Jacob Walborn. I'm here today on behalf of the Briar Hill Neighborhood Association. I have a few items that I need to place into the record. The first item is the verification from the Secretary of State that the Briar Hill Neighborhood Association is an active entity, has been active since 1994 is when they registered with the Secretary of State. Folks have lived out there much longer. Placing a copy of the presentation I'm prepared to give you into the record. I'm placing a copy of panel 142E of the flood insurance rate map for Fayette County into the record. And finally, two publications, one an article from Realtor Magazine, the second from the Journal of Sustainable Real Estate that I'll be referring to in my presentation, that if you'd like to refer to the entirety of those articles, they will be made available for you, but I do need to place these into the record. I told you that I would be respectful of your time. I also want to be respectful of the applicant. When I first met with my clients, I told them that substance abuse and recovery can be, for lack of a better way to put it, a very touchy subject. A lot of time you hear people referring to it as us and them or those people. And I want to assure you that that is not the focus of my presentation today. I support the work of the Shepherd's House, both on a personal and professional level. I've worked with substance abuse treatment facilities before. I cannot rebut those horrific numbers that you were presented about the drug epidemic. It is a significant problem. But when we talk about conditional use, and I'd like to bring it back to land use, because that's what we're here to discuss, a conditional use is a recognition that a use might be appropriate in some locations, but wouldn't be appropriate in others. And I'm here to suggest to you that while a treatment facility is certainly needed in Fayette County, It is not needed in this particular area of the agricultural and rural zone. I'm not going to read to you. My six significant points are on the screen, and I'll touch on each of these as we go through, but they are very simply this. We have significant concern because this area is not on public sewer. This is septic country. Royster Road is a very small, rural, dangerous road, and I'll touch on some of the challenges that I think this operation might cause for Oyster Road. This is a very isolated location where if an emergency response, medical, fire, or otherwise were required, it would be difficult to get to. There is a lack of ability to transport these people, patients, I refer to them as patients, should they determine to leave. This, again, is a very isolated rural location, and you were just told that folks are allowed to leave if they elect to do so. Recent studies have shown that there is a detrimental impact on property value, and I'll go over my evidence in support of that as well. And we spend a lot of time, in fact, all of you I'm confident are aware that we recently updated the goals and objectives of our comprehensive plan. One of the most debated but certainly an adopted goal was that we should protect and preserve our agricultural community and I don't believe this use goes to the support of the agricultural community. First let's talk about septic. This is not on public sewer. You have to be on septic. I was born in Greenup County Kentucky. We had a septic system. I know what a septic field is. I know what it smells like when you have to get the tank bumped. I'm sure anyone who spent time in rural Fayette County knows how a septic sewer or septic system works. If you don't, there's a pretty little picture for you. The waste water comes out, it flows into a septic tank, approximately 40 to 45 percent of the treatment that goes into that water occurs in the septic tank, and then it leaches out into a septic field. The remaining 60-55 percent filters through the soil. This is a natural process. It works like it's supposed to, percolates through the soil, taking out impurities, ultimately ending up in the water table. Countless examples of functioning septum systems throughout Fayette County. This facility is 32 beds. That's larger than most of the facilities that we would see on septic in the rural area. That doesn't count the staff. And anecdotally, we've been told that's two to three times the number of people who would have been at the Bluegrass Boys Ranch. The size of the drain field is going to vary how big of a space you have to have to have adequate septic drainage. A typical house, which I construe as a four-bedroom house, according to this site, and it says 4,500 square feet is kind of the minimum, 9,000 kind of the maximum of a typical house. Remember, we're talking about a facility that's eight to ten times the number of people and amount of water usage that we would see in what we would quote call a typical house. Now, drain fields have to be significantly removed from water features, wells. Why? Who says so? Well, Kentucky, I took this from the University of Kentucky Cooperative Extension Service, and I'll read to you a portion of what I've quoted on the field, on the screen here. Adequate land area must be available to isolate the entire system from any nearby wells, springs, streams, or water bodies. There should be enough land area to install a replacement drain field in case it is needed in the future. Why do I bring that up? We're right on the floodplain. This is a little difficult to see, but the little red dot on the screen up here is the proposed facility. Any area you see in blue is floodplain. That's not my guess. That is according to the Federal Emergency Management Association. So while this property is large. Mr. Walburn, I want to interrupt you real quick. Wouldn't condition number four handle this issue? They have to go in front of the Board of Health to get their permit for a septic. So I'm going to let you go on with your presentation, but address why the health department isn't capable of handling whether or not the septic system is appropriate in this location. Sure, and I think they've already acknowledged that they're going to have to do work on the existing septic system, that it's not, and don't let me put words in their mouth. They can correct me if I'm incorrect. But installation of a septic system is overseen by the Board of Health. What my point is, and what your role as a board is, is you have to make a determination that this isn't a threat to life, health, safety, or welfare of Fayette County residents in order to accept it as a reasonable conditional use. If we are to contaminate the water supply, I guess my point being a 32-bed facility this close to a floodplain, what risk are we willing to take? Are we willing to delegate that authority? Are we willing to delegate that responsibility to the Board of Health? Or do we need to independently consider that? I think it is a poor idea to have such a large facility located so close to the floodplain. Also, I know a significant concern of some of the folks that I represent is that there is a lot of vacant property on here. And we, as we often see with conditional uses, we'll get them started. It'll go well. You've heard about the overwhelming need. What happens when we start looking at expanding this facility? because there is a lot of vacant space on the property. I think that's why it's germane to your consideration here today. I don't think you can abdicate the responsibility of the health and safety and welfare of Fayette County residents purely to the health department. I think you need to be presented with the entire picture. I think that's why it's relevant to your consideration here today. And I won't dwell on it other than to say we're fortunately getting near the end here. I've measured the property. This is according to the Property Evaluation Administration or Administrator. This is a wide property, but it's not a particularly deep property. It's about 624 feet on the top end there, about 963 on the bottom. And, of course, you can see the blue flowing through here. That is the creek. That is the area of concern. The floodplain extends far beyond that blue, but that is the area we're concerned about. So we're talking about a very constrained area. Walburn. Yes, ma'am. You talk about the floodplain. I know that there's various floodplains. I know there's, I don't know if it's a 50-year floodplain. I know there's a 100-year floodplain. We just talked about that in one of the other cases. Do you know about this floodplain? Yeah, what's depicted on the screen right here is what would be called the 100-year floodplain. That's the 1% annual chance over 100 years you would expect one flood to cover the area that's on the screen. And as I would point out, I represent many developer clients in front of the Planning Commission. That's, we hope. it's just a 1% annual chance. It's not necessarily that it will only happen once every 100 years. So I think we've gone through, I think we've touched on the septic concerns. There's frankly a concern about people who've made significant investments in this area property-wise. If the groundwater gets contaminated, this is water that sometimes services farms, services animals on farms, we could have a very serious health problem. And I think it's worth considering, is it appropriate in the rural area on septic to do this kind of use when presumably there are places that would be available that are on public sewer where this consideration goes away entirely? Royster Road. In Mr. Nicholson's application, which I thought he did a good job of preparing and presenting to you, he says that this will not be a significant traffic generator. And with that, I would have to concede. 32 beds. we've been told that most of these people will not have an automobile. I don't think Royster Road is going to grind to a standstill traffic. I do still think you need to consider the condition of Royster Road though. It has no shoulder. It's very narrow, as narrow as 17 feet across in some places. I measured it in front of the Boys Ranch property. It came at just over 18 feet. That's both lanes, no shoulder. That's pavement edge to pavement edge. edge. This is a very productive agricultural area. You see a lot of heavy farm machinery on these roads. What the neighbors would tell you, people that drive out there frequently, is Royster Road floods a lot. There's water over the roadway a lot, not necessarily in front of the Boys Ranch, but at several other locations on Royster Road. And it actually carries a little bit more traffic than you might otherwise think. Some people use this as a cut through to get over to the Hamburg area so it carries a little bit more traffic than maybe you might expect for this kind of rural roadway. The reason I bring that up is a 32 bed facility is going to have to be supplied in addition to food which will have to be brought in for these folks, cleaning supplies, just any general deliveries and at either end of Royster Road adjoining both ends of Royster Road there are two 90 degree turns. It would be very, very difficult, if not impossible for a large vehicle like a semi truck to make these turns without entering the opposing lane of traffic. Again, pointing to a land use life health and safety issue. Unfortunately, Royster Road has a tragic history. It is a difficult road to drive. This is a young man who was killed in an accident on Royster Road at 1.30 in the afternoon. It was not a drug or alcohol related accident. just because the road is very difficult to navigate. People will tell you that drive on this road regularly, there are dips and curves and alterations in the pavement that if you're not paying very close attention or very familiar with the road, it can be very easy to lose control of your vehicle. And this is a facility where, and if you read the materials that Mr. Nicholson provided you, they encourage people to come and visit the patients of these facilities because it does help with the treatment process. I would suggest to you that asking those people to transit Royster Road is not the wisest decision that we could make. So to summarize those concerns, very concerned about the road being inaccessible due to flooding. There are two 90 degree turns that would be difficult for large vehicles to navigate or small vehicles for that matter. The lanes are very narrow. Farm machinery uses this road and traffic accidents and fatalities are not uncommon or unknown in this area. We talk about the isolated location. The nearest fire station is three miles away there is a fire station nearby it does not have an ec or an ambulance unit located at that location the nearest hospital is nine miles away that's st joe's facility we've talked about roadway flooding i can do have concern that you could inhibit an emergency response if needed and as they told you this is a medical condition addiction is a medical condition and while we may not be dealing with folks actively going through detox here they are still people who are treating an illness. As you all are more than aware through the epidemic that we have in Kentucky, there are collateral health consequences that can come up as a result of addiction and I question the wisdom about placing a facility with people recently having detoxed, potentially experiencing other collateral medical conditions so far away from any medical service providers. This is not a medical facility. They emphasize that to you several times. If anyone needs doctor or medical assistance, they've either got to go there or those people, the doctor and medical assistants would have to come to them. Again, I just don't think this is the best location or an appropriate location for a facility like this. They told you that folks can just leave. They told you that most folks don't just leave, and I will accept that as a reasonable reaction and as a reasonable reflection of their situation. My concern is this is nowhere close to any public transit at all. So if someone needs to leave, they're going to spend a lot of time walking on rural unimproved roads. I hope if someone leaves the facility that their emergency contact will come and pick them up, but they've told you that they can't stop somebody from walking off the facility if they no longer want to be there. It's a fair point and one that I hadn't considered that if you're near the bus line, you're also nearer to some of the problems that may have brought you to this treatment facility in the first place. But I do think it would be extremely tragic if someone were to elect to discontinue their treatment to walk on dangerous narrow Royster Road. It's difficult to see on the screen, but it's about a two and a half hour walk to the nearest public transit location if someone needed to leave the facility through a very narrow location, one that requires a lot of elevation changes. It's out there, and I think that is a factor that needs to be considered when evaluating this use. The final issue I'd like to talk on are the two publications that I mentioned to you and we talk about welfare of Fayette County residents. I've found a study that was mentioned in Realtor Mag, which is the official publication of the National Association of Realtors, that talked about the study that's depicted on the right side of the screen and the effect of substance abuse treatment centers on property values. This would reflect a decline in property values to properties that are located adjacent to treatment facilities on the order of 8 to 17 percent. I would tell you that the most significant drops in property value are for treatment facilities that advertise themselves as opioid treatment facilities. They tend to have the largest drop. This is based on a study in Virginia, the Washington, D.C. area, where these home values were compiled. This was published in the Journal of sustainable real estate, and I've put an entire copy of that article in the record for your review. Now, I'll go ahead and acknowledge the obvious point, which is clearly this would happen anywhere. You'd put a treatment facility and not just out in the rural area. But I put up the parcel map here to show you that these are significantly large parcels, and these are folks that have made a significant investment in order to obtain these parcels. An 8 to 17 percent property value drop to them are going to be significant sums of money. Further, again, dovetailing with our emphasis as a community on protecting and preserving our agricultural lands, I'm not sure that subjecting these folks to an 8 to 17 percent drop in their property values is protecting and preserving our agricultural community. That dovetails with my final point. In their application, they did not mention the agricultural operations. I think that's a neat idea. I think this use in and of itself is not an agricultural use, and no one could really argue that it is. And I would ask you to read the intent section of the agricultural rural zone and the goals of the comprehensive plan related to preservation of our agricultural land. This is not a use that's going to promote the agricultural area in Fayette County. That's directly contradictory to what we've stated our goals as a community are. So in summary, conditional uses, you have to consider, is it appropriate this location? By its nature as a conditional use, we've acknowledged that rehabilitation facilities and treatment facilities are not universally appropriate in the agricultural rural zone. If they were, we would have made them principal uses, but we didn't. So we have to look at this particular location. And while I can conceive of some agricultural rural locations that might be appropriate, this isolated location that's on septic, that's on a dangerous road, particularly a facility of this size, 32 residents, is just not appropriate at this location. It has nothing to do with their mission. It has nothing to do with their goals. Their goals are admirable, and they should be applauded. We would just like them to find a more appropriate location to provide this crucially needed service. As I mentioned, it's incumbent upon you to make findings that this won't adversely affect the health, safety, or welfare of Fayette County residents. Without additional information about the septic system, with the information about decline in property values, I do not think this application is approvable as submitted. I regret that that's the case. This is a needed facility. I would encourage the applicant to keep their head up and keep looking. There's certainly a location that's appropriate. I just don't think the evidence supports that this is an appropriate location, and we'd ask you to deny the conditional use application. I don't represent everybody in the room, so there may be others who may wish to convey things to you, but those concludes my prepared remarks. If I can answer any questions, I'd be glad to do so, and I thank you for your time. Are there any questions for Mr. Walburn before I open up to the public? I do have a question. The neighborhood association that you're representing, do they have any complaints on record from the boys ranch from the way it was operated previously? Did they have issues or complaints with what went on previously? have any knowledge of that being so but someone that we didn't frankly go into a whole lot of that our focus on the boys ranch facility was more the number of individuals that were out there and they this is again anecdotal i'm sure the applicant can correct me but that there were more like 10 or 12 people living out there at its most versus 32 i believe i don't know but i'm not aware one way or another whether they did or not so presumably it's the because it is the same structure the same location we're just saying that the boys ranch did not operate at their full capacity well i i don't know what the capacity of the boys range was i'm just given to understand there were fewer residents there so sure so no complaints not as far as i'm aware someone may correct me mr wahlberg the uh uh a rehabilitation home is not a primary use in an agriculture zone but it is a conditional use you agree with that i didn't okay and i don't know whether uh the bluegrass boys home was considered a rehabilitation home or what what was the i don't know what the zoning it was considered a community residence and i believe since it is operated for a number of years it was perhaps they had a conditional use from an expansion i know but i think that they originally operated without one because they have been around for for such a long time okay it appears the purchase property in 68 so it's right after our I was before I was born thank you you're supposed to be honest no I would readily concede that it is an acceptable use and I can conceive of locations where it would be an acceptable use there are some significant portion of property a ours own property that are along some major thoroughfares here where you don't have the Royster Road problem of a narrow road, 90-degree turns, more ready access to transportation facilities. I can understand them not wanting to sit on a bus line. I'm not saying let's relegate them to downtown. I'm just saying that this particular location in the AR zone is not appropriate. I've got just a clarification. as I read the staff report that as of the the current property exceeds 10,000 square feet the buildings on the property but as the zoning now stands they they cannot expand is that correct as the zoning that is correct any expansion would be unlikely due to the the 10,000 square foot cap that is placed on many conditional uses in the AR zone Any additional questions? All right. We'll call you if anyone else has any more questions. Okay. Other parties in opposition today, if you would like to speak, please raise your hand so I can get a head count. Come on up, ma'am. And there was some confusion earlier. Were you sworn in? All right. I'll swear you in real quickly. Thank you. First, state your name for the record. Andrea James. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Thank you, ma'am. Thank you. Please. Usually we try to limit the public to three minutes, so if you could. Okay. Yeah. You can stop me at three if you need to. First of all, I will say that I, too, as the gentleman before me spoke, have a sensitivity towards this issue. I have a sister that was an addict and went through many rehabs over the span of several years and unfortunately died of her disease as well, in addition to other diseases. So I have a sensitivity to this project and the intention behind it. And I'm thankful for people that do that type of work to support that initiative. In this particular case, as the gentleman before me spoke, there are places where things are appropriate. I'm a resident at 3698 Royster Road in the Udingertown Neighborhood Association area, Columbus Town area. There are other of my neighbors that are here today. This came to our attention yesterday at church. And I thought I would add a couple of the comments. Not everyone could be here. You've probably received letters from some of my neighbors. I'm going to be hopping around a little bit just to kind of get everybody's ideas in. We have concerns about how will 80%, how will they track the 80%? If you have a program like this, how will you start limiting that to just these residents only? It's tough to turn people away when you are of a caring nature. The non-medical rehab is a concern to many people. We have all read and seen stories where people died in non-medical treatment rehab programs. The monitoring is very concerning. The one person per night is very concerning. Not just for the residents and the safety of the area. There are people in the area that do feel like they may not be safe in the area. But also just for the safety of the residents going through this program. It's concerning. EMS does take a long time to come. to come. We've called them at our house several times and it's between 12 and 15 minutes at times because there is no EC unit nearby. It is not on a bus line and there's no sidewalk. Hamburg is four miles away and you have to walk on Winchester Road to get there. It's quite a treacherous walk if you ever have to take it. We are concerned about that. I personally witnessed several accidents along that area, and it's not something pleasant to see. A 32-bed facility with visitor parking of only 16 is very concerning. We wonder where the extra cars will park on Sundays during visitation. We're worried that it'll be along this side, and there is no way to pull over on this side. It's a very narrow road, as the gentleman pointed out. Gaining living skills in a rural area is kind of tough and challenging. When you don't have access to public transportation, Believe me, we've had people, family members, many of us in the area have had family members that have been in that area. It's tough to learn skills when you're not exposed to skills. That's usually what you do. So we're worried that the lack of access to the urban things that people need is going to be an issue. We wonder about the management style there and would love more details about that. I've witnessed Lighthouse Ministries that Tay Henderson operates. Very successful program in the heart of downtown Lexington, towards the east side. It's a 12-bed facility. The number of 32 seems a very huge number to try to monitor and make sure that people are successfully going through programs, especially since there's only going to be one person overnight, and especially because it's a non-medical detox. We've heard over and over again that this is the same thing. It's not the same. Gifted academic boys versus rehabbing men are two very different demographics. The only thing that's the same is that they're human beings and they're walking through a door. It's a very different mentality. So that's something we need to really watch on. Someone mentioned that septic is not a detrimental thing. I sat on council during the conversations about the EPA consent decree. Septic and encroachment of our septic system on our water system is a deadly issue. When you see septic residual in people's bathtubs and in their washing machines, it is something that can happen, and that road does flood tremendously. all along that road at different points because we don't have storm water drains for water to just go down into. That community is a working community. There are people that are worried about what will happen. When my sister was using drugs, we would come home and every electronic device would be gone from our home. She stole from our own family to get drugs when she wanted them. So that is something that's a reality. and anyone that's had family members that's been addicted to drugs knows that that's a reality. They don't want to do it, but they choose to do it, I guess, and they have to do it for their addiction. I'm not blaming anyone. I'm just saying it's a reality. So people's fear of safety and their stuff is a real issue based on perspectives that many of us have from our own families. I think there's a fear of a ripple effect because there is so much land in that area that if this gets zoned for this particular thing just as we see in some of the urban areas as soon as one thing gets zoned one thing you'll see it a ripple effect a domino effect and it will go out and out and everyone that comes in after this will say but they were able to do this at 30 at 23 26 so why can't we do it down the road and you'll see that's how that's how shopping centers develop along different quarters as well is the the things are the precept is there um i'm going through my things here i'm concerned about the lack of experience in the rural areas from some of the previous facilities i think it is a difference and i would love to be able to see some actual results of whether it's more successful in urban areas versus rural areas. I'm not an addict myself, but I would wonder kind of whether it'd be better to be retreated or whether it would be better to be rehabbed in the facility in the area where I'd be living once I got out of that treatment facility. And we are very aware in our area of the conversations about the urban services area and we've been having conversations about how we can enhance our area with agritourism. We feel like this may impede on some of the potential for agritourism that could come our way. Will people want to come and visit and bring their children and play on things that we may have in outdoor facilities and play in our nearby park? Our neighborhood park is Heisel Park. So will people want to bring their children to that area knowing that a facility like this exists? That's all that I have. Thank you, ma'am. Any questions? Okay. Thank you. Mr. Nicholson, would you like to do a short rebuttal? Many of my points are going to basically be lumped together because at the end of the day, this is a perfect facility that already exists to support this use. Any concern that there would be negative zoning precedents set by allowing this is just erroneous. You have an existing facility that is just perfect. You don't have that on any neighboring farms. We believe that the school or the ranch when it was up and running had more around 20 kids when you're looking at faculty as well. It was kind of pushing towards your 30 number. I don't have the exact count, unfortunately, but we do think it is much more 20 to 30 as opposed to 12 to 15. And I believe, Mr. Gross, you pointed out that we have to get the septic sign-off in order to get this use. The part of the staff conditions and, of course, part of any renovation project requires building inspection, requires the Department of Health to sign off on this. If we can't get the septic system to adequately serve this use, according to the Department of Health, we can't install this use. So I don't think that that needs to be a concern because we simply have to comply. The road conditions. The only people that are going to be traveling kind of to and from this are going to be the employees. The employees are the ones that handle getting any type of materials, any type of food, any kind of cleaning supplies that are going to be used for this facility. It is not a delivery type situation where we'd be putting 18 wheeled trucks on here. Yes, there is a guest day. We think that we have more than adequate space on this 30 acres for any parking. We have 16 strike spaces, but there's also a full basketball court right there that looks like any kind of driveway that you've had out with basically ample concrete that's there. Let's see. As far as, again, people walking off, you heard them say that we are staying with folks. There are set protocols that are in place in order to handle the type of situation. This is not where they would not allow them to leave, but there are set protocols. There are emergency contacts that they can call. They're not going to let them just walk down the street four miles to Hamburg. With regards to the home values, very quickly I looked at this report and luckily on the conclusion it said that the upper ranges of these values are the ones living near a methadone clinic. That is not what this is in any way, shape, or form. That is just a totally different kind of sector of these types of things, and I have to point out that the name of that article is Not In My Backyard. That's what all of these arguments really are. It is we feel sympathetic, but we just don't want this type of use in our backyard. I do want Kevin Lee to address one thing on the emergency situations with regards to any concern on getting the ambulances there in time. We may have one or two ambulances come to our Bowling Green facility a year. We had an anaphylactic reaction recently, an allergic reaction. The ambulances in need for emergency vehicles on the property are rare. It may happen once or twice a year, but I think that's the way it is when you have anybody living there. But these people get to us, though they're sober and they're trying to be healthy, and that explains why we have very little emergency traffic. One point that was made by one of the persons opposing us, there are always a minimum of two employees minimum at any time of the day 365 days a year and in fact I believe it's stipulated in our license in Kentucky the way it is in Tennessee just so you know so we're not no there's two at night minimum and oftentimes three okay we like to make it one for every six or eight clients this is a little off subject but you said you you have thought about having horses out there have you are you planning on having a garden and growing food vegetables we will have a garden definitely and horses yes thank you all for mentioning the overnight I did want to clarify that that it does tend to be two to three people that are overnight I believe I'm probably misspoke when I said that there was only one person overnight, that there are at least two to three people there. I think our report says there's a supervisor. There will be a supervisor staying at the facility overnight. And so it is at least two to three people will be there overnight. And I did want to point one thing just about this expansion in general. The rules are what the rules are in the AR zone. We have a facility that's over 10,000 square feet right now. any type of expansion no matter what it is we have to come back here you all are making a decision on this application this application has set square footage figures anything that we want to do above and beyond that would have to come back to you all any type of expansion would take in that 10,000 square foot limitation I'm sure you all would consider that I'm sure Mr. Walburn would bring that up if in the future there is ever any expansion. I just don't think that that is a concern to turn down this type of disposal and especially with how the site is hampered by floodplain. We can't build it so that that's I just don't see the expansion concern here. I'm happy to answer any other questions. Mr. Glover it looks like you have one. Well really not a question or comment I I disagree with your characterization that it's just being a perfect place, but I think it's not bad. That's all I have to say about that. I'd like to add to that. I agree. It's not a perfect place, but I'm somewhat passionate about the idea that we're in a situation in our culture today where we're talking about addiction. We're talking about opioids, and we're demanding that we do something about this. We talk about law enforcement. We talk about treatment. We talk about interdiction. And our constituents are demanding that we deal with this problem. And here's a group that has said, let us help. This is exactly what's going on here. And we have to be sympathetic to that. I know there's objections, and I understand the objections, and I don't disagree with many of the concerns. But if we're going to deal with this problem, then we're going to have to make exceptions, and we're going to have to talk about conditions that can be approved that are in the best interest of the people in our communities. So I don't know how the rest of the rest of the board feels but I'm sympathetic to this and very supportive Sir Any additional comments or inquiries? Okay, well hearing none then the chair will entertain a motion I'll make a motion if I might to approve the BOA 18-34 Shepherd's House Journey Pure, requesting a conditional use permit to operate at Rehabilitation Home in the Agriculture Rule Zone at 2326 Royster Road, based on the staff recommendation and the four conditions that are stated. So move. Thank you, Mr. Clark. Ms. Whitman jumped onto the second. Please, are there any discussions on the motion? In that case, vote when it comes up. Application is approved. Good luck with your project. I'll let the room clear out before we bring up the next case. Thank you. not The next case on our docket is a conditional use appeal at PLN. Guys. You can take that out into the hallway and I'd appreciate it. PLN BOA 18-36, Transylvania University's request for a conditional use permit to construct and occupy a new on-campus building in a high-density apartment district overlay, historic district overlay, at 331-333 and 345 North Broadway Park. staff has recommended approval there is an objector so first I'd call the applicant to the podium mr. chairman I'm Dick Murphy representing Transylvania University and Mark Matthews is with me today Mark is the vice president of Transylvania for finance and business and we'll give you a real brief explanation of what you're doing we do have a board well before you do that are Are you agreeable to the conditions? There are three. Yes, and I'm going to ask you for a fourth condition. And the fourth condition I'm going to ask you for is that we have three years to exercise our conditional use permit. Normally, the ordinance says that when we get a conditional use permit, we have to exercise it within a year or else come back to you for renewal. And we hope to be underway a year from now with this, but there is fundraising involved. So we're asking for a little leeway on that. And so we'd ask for a fourth condition that says that Transylvania University has three years to exercise this conditional use permit. And Mr. Murphy, did you discuss this with staff previously? I called them this morning. Yes. Okay. Well, in the future, if we could address this with staff earlier in the process so we can. I do have an additional condition typed up if we want to put it on the screen to add to that. time. That is the condition that was placed on Transylvania two years ago for the dormitory construction and we would be agreeable to that as well on this application. And I presume since staff has typed this up, they have no issue with this condition? No. Like, as Mr. Murphy said, this is the same condition that was on the previous conditional use for the new dormitories, and we are comfortable with adding that condition to this one as well. Okay. I'm not sure I understood that. Is there precedent for this besides other than Transylvania? Okay. Yes, from time to time we have had conditions similar to this. Thank you. You often give that to churches who are involved in fundraising also. And we have a couple boards here. This shows you the front of what we are proposing along Broadway. and down below, and I'll pass this around so you all can see it back there. Down here, we're looking to Broadway. This is Forer Hall, which is an existing residential hall next to the Young Center. The Young Center is up at the corner of 4th and Broadway. This is looking south. This will be replaced with the new campus center. The Young Center, you can see, starts right here. We'll be leaving the Young Center as is exterior-wise and connecting this building to the Young Center. We're excited about this because this is the campus center which ties together the new dormitories which are behind this building on the west side of Broadway with the academic side of the campus which is on the east side of Broadway. So between the two, we'll have our campus center, which consists of academic space, social space, recreational space, and a dining hall in this building. So this will be sort of the central nexus which ties together the academic and the residential. SLAM architects out of Connecticut have designed this. You can see one of the features here is a glass atrium. This is an atrium which will visually tie together the residences with the academic. You'll be able to see through it and give both a physical connection and a visual connection between the two sides of campus. This is the rear portion, the rear view of this. You can see the rear elevation of the glass atrium. There will be some outdoor dining area, small amphitheater also out here. And our viewpoint is from the grassy area on our side of the dormitories here when you're looking at it. Is that one looking east, basically? We are standing behind in the west. We're looking east, yes. As I said, we're very excited about this because Transylvania's mission, part of it, is to provide enhanced living facilities for their students. As you all know, the vast majority of Transylvania students live on campus, and this is part of the attraction that will keep them on campus and part of what ties it all together, having the social, recreational, and academic center here, which will contribute and add to the vitality of the life in the dormitories, which are right behind us and easily reachable, very easily reachable on foot. I think there's been some discussion about the dumpster location, and I just want to point out to you where it is. I've got two exhibits here, one which is Alpha, the PVA, the tax assessment, roll which shows the shape of the lots here and the second one I have the site plan that you all probably have in your notebook our application was for 331 333 and 345 North Broadway and this is the PVA record the heavy line and purple here shows the outline of 345 North Broadway we also include 333 which is the small lot next to it and 331 331 is the site of an existing house and the historic district we're not doing anything with that house the only reason we included 331 on this is that there is a small electric transformer in the back of the yard that we may need to move as part of this and out of a sense of caution make sure we had covered all our bases we included 331 in our application because of a small electric transformer in the backyard there's also a larger water cooling tower in the backyard which will be removed as part of this application but this shows you the outline of our proposal. Our new campus center is located in the front. The Young Center is up here at the corner of 4th and Broadway. Our new dormitories are on the back of this lot and they're also on the lot at 456 West 4th Street. Now the question will be about our dumpster facilities. I'd like to bring up our site plan as the next exhibit. Looking at our site plan, here is North Broadway. Here is West 4th Street. The main campus, the academic portion, is over here on the right side of Broadway, as you can see. Here is our proposal in the dark, heavy lines. We have the proposed campus center. This is the Young Center, which is existing down to about this point. This is our new campus center down here. Now, the dumpsters that serve our campus center are the existing dumpsters that also serve the Young Center. Those dumpsters now serve Forer Hall, which is the old residential hall, which is located here. Those are served by these dumpsters. And our new construction, after Forer Hall is raised, will also use these dumpsters located on the loading platform for the Young Center. They may be a little lower. There may be a little more slope to serve those dumpsters, but these will be in the exact same location as the existing dumpsters that serve the Young Center and Forer Hall. I understand there's a question about the dumpsters that serve some of the dormitories back in the back. Those dumpsters are located right here. They're along Zem Alley, isn't it? Zem Alley here. Those are serviced off of 4th Street. Come in here, serve them and the truck can back out and get back up to 4th Street and serve them there. Those dumpsters are not part of our application. They're actually on the lot at 456 West 4th Street, which is not part of our application to you. Those dumpsters serve new dormitories here. They do not serve our new campus center. Nonetheless, we know there's an issue about perhaps the time of service here. This was approved as part of the application for the dormitories that was approved by you all two years ago. As you all know, when you all approve something, that's just the beginning of the approval process here in Lexington. That's not the end. That's the beginning of the approval process. After you all approve a conditional use permit, we have to go back in and get our building permit process. And as part of the building permit process, there's a review through the Division of Engineering, the Division of Water Quality for all sanitary sewer and stormwater purposes. There's a review by the Division of Traffic Engineering for the layout of the property. There's a review by the Division of Solid Waste, which has control over the location of dumpsters and the servicing of dumpsters. We went through that for the approval, which after you all gave us the approval two years ago, we went through that process for the dormitories, and that was the location that the city approved for the dumpsters back there. There's an issue about time of service. These are served by the city. The city serves these dumpsters twice a week as they do other facilities throughout Lexington, and we are served on the city's schedule. Mark is here. Mark and Mr. Matthews, our vice president of finance and business, who can discuss what they've talked about for those two dumpsters if you want to get into that. As I mentioned, those are actually not on the properties that we have before you today. They don't serve our new facility here, but if you all want to get into discussion of that or hear more about that, we're here and prepared to discuss that with you if you want. But overall, again, the purpose of this is to allow us to get a permit for the new Campus Center, which we're very excited about. We hope you're as excited as we are because it will not only improve the campus a lot, but it'll improve the entrance to Lexington along North Broadway. It'll be a very nice architectural addition to the entrance to Lexington along North Broadway. It'll say a lot about Transylvania, and it'll say a lot about Lexington for people coming into the community. So we ask your approval with our one additional condition about allowing us some extra time to commence construction on this, and we'd be happy to answer any questions you all might have. I have a question. Is the 66,134 square feet, is that the entire, we see it on the entire building, or does that include the campus center? Good afternoon. I'm Mark Matthews, Vice President of Finance at Transy. Mr. Needham that is the new structure there's about 20,000 square foot in the existing campus center that will be rehabbed okay and then the cafeteria would just set up curiosity where might that be it will be on Broadway to be the large front in India it would be on the south end of that building that's out so that's that's not on Broadway the other one in this structure here yeah the second one second one in the middle I'm sorry you're actually on the back end so to the left would be on the left there that large space okay and does this clock have to match the Hopped Humanities clock it's not exactly match the Hopped Humanities clock a little more modern I think yeah I asked the question about pedestrian traffic every time I drive down Broadway past Transylvania, the typical college student that I know very well walks across, I mean, this is UK too, not just Transy, walks across the street because they have the right of way. And there seems to be a deliberate attitude that you don't have to look at the traffic because I have the right of way. So, and I'm being a little facetious here, but will there be an increase in traffic across Broadway because of the the new Student Center there will not be the existing four hall the front door of that is the is basically the equivalent of this glass cross entryway from campus we have received approval recently from the state working with the city to refine that crosswalk and to shorten it and to align it with the glass pedway in the sidewalk one of the biggest problems we have with that sidewalk today other than general behavior is that it somehow over the years has become about six times wider than a normal crosswalk so we have people wander into that for a very long notice that so we're going to be able to contract that back to a more traditional size crosswalk we're going to be add some rapid another word beacon but a flashing beacon that's particularly it's motion censored at night and it's there's a similar one on loud and so I think we're going to be able to make some improvements there I won't say that we will completely change individual behavior but we're aware of that as well we do actually do quite an educational effort starting with first year students in their first week on campus it sounds ridiculous we teach them how to cross Broadway we have signs out there and little flyers and our public safety staff is actually out there for the first week of school but as time goes on people become more I don't know careless is the right word but maybe more confident is the right word and look more at their cell phones who trusting don't do those things yeah but we're we're well aware that I think this will be a marked improvement as we're able to refine that crosswalk thank you I am concerned about that the concerns of the people who are who are commenting to us that are that are opposed or have questions about the project have to do with the with the trash and the trash pickup so i understand that that's not part of this application we understand it's not part of the geography of this application but since it has been a an area of concern by more than one person somebody wrote a letter and we've got somebody here to talk about it it might be helpful and education or at least informative for you to address that sure and i'd be happy to and i'll tell you even though it's not part of this particular application we don't want upset neighbors we try to be very good neighbors and a really a pillar of the north side neighborhood association the it's interesting the dumpsters on in this back lot which serve the three new residence halls actually are the same locations as dumpsters that were there for 50 years with the prior residence halls. We also had city pickup and commercial pickup subsidizing the city pickup with the old residence halls. So we weren't really thinking this was a controversial space. We actually put extra tall fencing around it so that it's not an eyesore. But nonetheless, it's the same problem that you have in your neighborhood. The city pickup is not supposed to take place until 6 a.m. and people call us and say, you know, you've got to stop this at 545, 445, 430 this morning. The dumpsters were being emptied. We eliminated the third-party dumpster. We decided we could live with two dumpings a week from the city. We've worked with the Division of Solid Waste. We've talked to Darrell Chestnut there, who said he would try to get the drivers to alter their route or alter their timing. Councilman Brown has been involved in this but as Mr. Brown will tell you the other day he had the dumpsters behind his house emptied at 545 it's really nothing that Transylvania controls and we feel like we've done everything we can to to try to resolve it the neighbors would like the dumpsters moved the Department of Solid Waste in the planning for this there has to be waste disposal within so many feet of of these residents and it's the only place on that lot where the trucks can enter pull in put their thing in dump it back up and go back out so it was specifically designed for the the dumping of those dumpsters so i honestly don't know what what answer we can tell you on this to resolve we'd like to not receive these calls and we'd like to have an answer as well thank you Thank you. Any more questions for Mr. Murphy? Okay. Hearing none, then we'll let people, opposition? No? All right. Yeah, you want to speak? Sir, you, yeah. Come on up. State your name for the record. My name is Harry Steven Brown. I'm a lifelong Lexington resident. I've been at Hampton Court since 1978. I'm the longest resident on Hampton Court at this point in time. A few things that I have done. I was on the Northside Board. I was president for two years. I was president-elect of the Fayette County Neighborhood Council and president thereafter for two years. During the period of time which we reassessed and requested information, for the sanitary sewer overflow. And we were the organization and I put the book together that brought the city to a consent degree with the EPA. Fayette County is very fortunate to have neighborhood associations, obviously, and Hampton Court is a national registered district. It's only one. the only one in lexington there are two other national register districts but those are not neighborhood type things um my biggest issue i don't have any problem with the stuff that you're building and i think it's a tremendous asset to transylvania and the growth that it's got before the future my problem is briefly there's five dumpsters on that site now they're not screened from the road and a seven six foot or seven foot wall does not block the noise. And when these people come in to basically deal with dumping, they come in, you can hear them come in and then they stop. They pick the dumpster up, they drop it on the ground, pick it up in the air and they shake it like this and then they drop it and then they bring it back and dump it. So there's five dumpsters there and they pick up three times a week. So it's a pretty much starts Monday morning and continues most of the day or most of the week. So it's one of those things that where I am the dumpsters I can just almost reach across the alleys M alley which has a very nice fence by the way. But still all of that noise comes right through the neighborhood and everybody that's on the side that's with common with trancy there's all this stuff and I mean this is very loud sometimes you can even feel the vibration like it's like that in your house from the from it you know doing what it does um i don't think there's anything that i can resolve with it here but i just want to get on notice that we've got five dumpsters at that location and there's two over by the new uh what service delivery is and the the plan shows six the development plan does So there's more dumpsters coming, apparently, at least from the map from the one I received. But anyway, I guess in about the time, it says here in this correspondence, this is what really sort of frosts me about what the urban county government does. It says, Division of Wastewater Waste Management would not service any dumpsters on Zim Alley. That is correct. But it is on Zim Alley's where these are. These must be collected by private haulers. And I basically, at the time, took this photograph. And this is a Lexington pickup. And I was surprised that they were over there picking the dumpsters up because I didn't know that Transylvania was served by the urban county government. I don't think UK is, but it's a much bigger university. But anyway, it says here, although it may be undesirable if the dumpsters are being emptied at 6 a.m., that is in compliance with the noise ordinance, which allows collection beginning at 530. Now, I don't know why that's the case, but I'll take care of that with the council. So, but anyway, I want to be friendly about this and I support you guys what you're doing, but we're going to do something about the dumpsters. We've got to. Suggestion, and that would be, I know that the city has certain requirements for proximity and that type thing, but transit has their pickup because they bring stuff in on golf carts and dump it in the dumpsters from the other dormitories and stuff like that. So they don't carry rolling blue black trash receptacles out, but they do pick up these things up and dump them in the dumpsters. And then from there it goes out. So I think it's important from the standpoint of what's going to have to happen in the future with this, because the city needs to be looking at these type of things because Columbia Avenue, there was a transfer station over there and that neighborhood was being bombarded with all kinds of dumpster trash activities and stuff like that but we want to be productive from the standpoint of getting transi to do something that might be more beneficial to move it off and maybe down toward jefferson street where there's less of a private you know neighborhood and stuff like that there is a church across the street but that might work so anyway i do appreciate your time you guys i know dick and i know you too mark and i don't know many of you but um i know i know perry clark he was with uk for a while but um we're going to try to work this through the city to get something done and obviously we'll see what we can do to involve you guys and stuff like that and transylvania because you are a relatively good neighborhood companion so i do appreciate the university i think is a tremendous asset to the city and the united states too because it's got high high rankings and stuff like that so sorry i'm getting a little bit speeded up in my speech but that's pretty much all i need to say so thank you very much any questions i i i have i do have a question before you leave the podium um what if if this board had a mind to do something what what would we do what would this board do i'd like to see that we don't increase the dumpsters in that location i mean there's there's six on the plan that was submitted and there's two that are shown over by the service area and the new construction so um if if we go to seven then it's going to be a lot more noise and stuff like that so if we could restrict that could you point that out on the site plan what you're talking about i don't i don't see that on the i think the plan um that you're referring to is the one is that the one i gave you this morning that was the plan that was approved with the previous conditional use back in 2016 we don't have any we can't do anything about that plan at this point this plan does actually it shows the pad where the dumpsters are but it does not show the dumpsters and since that is on a separate property it would not be part of this this process so I suggest that as you suspect we we may not have the jurisdiction to to do anything in response to your concerns but there may be other entities within the city that do well i'll ask that is this mr murphy maybe it'll help me out here have you gone and received your development plan for this new project conditioned upon us giving you a conditional use permit is a new development plan being done with the planning zoning We have not done a development plan through the Planning Commission because this is required first. I do not think we're going to have to get a development plan approved through the Planning Commission. We're going to have to go through the plan review process, which is basically as rigorous as going through the Planning Commission because you have all the same agency sign-offs on this. And I want to point out that we're mindful of this issue here, and I've worked with Transylvania for many years, and they always err on the side of trying to be a good neighbor to people here. As Mr. Matthews mentioned to you, well, as background, the city, when you have dumpsters supplying a business or a use such as this, the city supplies twice a week service to those dumpsters. If the business wants more than twice a week service, they have to contract with a private operator to pick up however many times they want beyond two times a week. So as Mr. Matthews mentioned at one point with the dumpsters in the rear for the new dormitory project, they were getting serviced three times a week, twice by the city, and once by a private hauler. In order, what Transylvania has been able to do, what is within their power to do, is they reduced that, they took out the private hauler trip, which means we're taking away a third of the early morning dumpster servicings out of this. The other two are the city servicings, and as I think Mr. Matthews mentioned to you, They've worked with Solid Waste and Councilman James Brown, Councilmember out in that district, and are continuing to do that. And will continue to do that for the dumpster locations backed by the dormitories. But what we've asked you to approve today is the development on 345, excuse me, I think it is, for North Broadway and 333 North Broadway and 331, which is not that lot. We submitted a plan to you which showed the whole area in context. Often when we have a larger area for any kind of development, you show the rest of it to get it on context. but the part that's in the heavy black lines is what you're asking for approval of, and the light gray lines are the ones that you're showing to show where the existing development is. What we've asked you for is the new Campus Center building, and that will continue to be served by the dumpsters behind the Young Center. The trash from the new building we're proposing to you will not be going to those dumpsters that are the issue out near Zem Alley. They'll be going to the dumpsters behind the Young Center. But I know Transylvania will continue to work with the city on the issue about the dumpsters near Zamalley. Thank you. I just have one rebuttal, I guess, from the standpoint of the two. If it is two, that's five dumpsters being dumped by at least one or two trucks or three trucks to do that in order to get that done. But they come as early as they can, and then they're as loud and noisy as they can be. So it is frustrating from the standpoint of trying to have a – and this is new to our neighborhood. We never had all of this much noise. because Trancy has managed to go acoustical with most of their bands and stuff like that, which used to be a problem. But that's all worked out now, so that's good. I'm trying to make it as much as a positive thing. It is five dumpsters being dumped twice a week. So that's pretty much what it is. Thank you, sir. Any more questions for any of the parties or staff? Okay, hearing none, I'll entertain. Oh, yes, earlier you said you didn't want to. I did, but I didn't. Okay, come on up and introduce yourself for the record. Have you been sworn in? I have not. Okay, raise your right hand. Do you swear, affirm, tell the truth, the whole truth, nothing but the truth? I do. Okay, and put your name for the record. Patty Scott. I live at 325 North Broadway, which is three feet from 331 North Broadway. and I have lived there for 40 years through many construction projects of transi and the last residence hall building was a nightmare but they worked with me they listened to my complaints they tried to do the best they could I have do have a question mark where when four Hawk I look that picture of four year Hall the old picture that I see that from my back porch so this will be quite an improvement were to look at but when you did the residence hall the construction i call it staging area i don't know what it was it was right next to my back porch right next to my fence so i'm thinking perhaps it won't be there this time because you're going to be building right there they try i know why he didn't used to hear the dumpsters because they were parked bye-bye backyard when you had the three trucks coming in at four o'clock in the morning dumping them when you had the outside so i i understand that but that's why i don't hear them now because they've moved over to him so they the trancey really tries hard they work with me and i just wanted to say say that thank you thank you ma'am anyone else okay well then i'll entertain a motion yeah i move that we approve pln boa 18-36 transylvania university's request for a conditional use permit to construct and occupy a new on-campus building in a high density apartment historic district overlay r4 h1 zone at 331 333 and 345 north broadway based on staff's recommendations and subject to the four conditions outlined by staff and number four allowing up to three use for the conditional use permit to exist. Thank you Mr. Needham. A second? Second. I've got a second. Any discussion? Hearing none, please register your votes. All right. Applications approved. Good luck with your project. Thank you. Okay. It appears Miss Minnie Sharpe did not show up today. So I guess that one's just not going to be heard. Next item is... Do we have any leeway here about what to do? Well, your bylaws say if they don't show up, you can proceed with the hearing, which would probably just be a short synopsis from the staff, and make a decision, or you can postpone it to a definite date. I'd rather just make a decision. Yeah. Okay. Okay. So in this instance, I will call the case of PLN BOA 18-26, many sharps requests for an administrative appeal to allow placement of a mobile home on property less than 40 acres with no principal structure at 5942 Sulphur Well Road. Staff has recommended disapproval, so I'll have staff give a quick report. And do you have emails? Do you have an email? Yeah. Okay. which I'm going to remind next month that if we could, when I call the cases, if you could let us know their emails or letters and I'll mark it. And whether or not there are lots, we know what to fit in or break in between. All right. This is an administrative appeal to allow the placement of a mobile home on a property less than 40 acres in size with no principal structure in the AR zone. so the only time that a mobile home is permitted in the AR zone is when it is used as a tenant home accessory to a principal residence on a property that is at least 40 net acres or more so this request does not meet either of those two requirements that's why they're requesting the administrative appeal historically the board has approved mobile homes in two other circumstances There have been a couple of cases where a mobile home was temporarily placed on the property while folks were constructing a new primary residence, and there was typically a requirement that that mobile home would go away after the primary structure was constructed. Another circumstance where this has been permitted is if there was a legal non-conforming mobile home that was placed prior to this restriction in the zoning ordinance, and it was a direct replacement of that mobile home. In this situation, there has been a mobile home on the site, but it was removed somewhere between 2007 and 2010 based on aerial photos that we were able to find. So given the amount of time that has lapsed between now and then, we don't think that the situation is similar enough to those that were approved and that approving this would open up, would set a precedent in this case for allowing mobile homes in the AR zone that is something that has historically been not where urban county government has wanted to go with the placement of mobile homes. You can see the site here. It's pretty dark. You can probably tell better on your site plan where they want to place the mobile home. if you were inclined to move to approve that that placement has some issues as well because in in situations where mobile home is permitted it has to meet requirements for being 300 feet away from the property line and that one is not 300 feet away from the sideline there so that's an additional thing to take into account thank you I don't have a couple questions for you just for the record number one since miss sharp is not present our applicants notified of their hearing date and time yes they would have received notice about a week ago whenever we mail out the agenda and their staff recommendation they were supposed to be heard last month but they had a family emergency and asked to be postponed they received their staff recommendation and agenda at that time and I did confirm that they had received it I've not heard anything from them after this most recent mail out so I don't know if there was an issue with and I have to go back and look at the minutes it did they did it come to the last month's hearing or they were not present for the hearing they had gotten in contact with me to ask for postponement so I asked you all on their behalf at that meeting and notified them that you had moved to postpone to the state have they been in contact you've you since not I've been in contact with them since okay so you uh i think they did send me confirmation that they had received the staff report previously but since you know a couple of days after our previous hearing i've not heard anything so you spoke with them after they yes after they verbally contacted you you verbally contacted them and told them it was set for today through email through email okay yes but they were informed by you after our hearing that it was going to be today yes and then you want they also got a formal notice they would have received an email about a week ago with the agenda and the staff report okay any questions for staff all right hearing none then I'll entertain a motion ma'am Can I what? Oh. Yeah. Well, first we have to move. Yeah, we have to move first. So now I'm ready for a motion. Mr. Chair, I move that we disapprove PLNBOA 18-26, many sharps request for an administrative appeal to allow placements of a mobile home on a property less than 40 acres with no principal structure in the agricultural zone at 5942 sulfur well road for the reasons for the three reasons recommended by staff for disapproval thank you miss meyer do Do we have a second? Second. Mr. Clark seconds. Any discussion? Hearing none, please vote. Motion carries. The request has been disapproved. Next item is, do any of the board members want to bring anything to anyone's attention this time? Any staff members? Okay. Our next hearing will be set for 1 p.m. on Monday, June 11, 2018. Since there's no further business, I will adjourn. Thank you. Thank you. Take it nice and easy and always pretend that you're cool, so cool, so cool. Sam alone and I'm wild and I will now be saved. Talk like a jerk or an educated brain. Be an old girl driving the young boy is the same Be a joker, a preacher, it does not matter Everyone needs a hand to hold on to Everyone needs a hand to hold on to Don't need to be no strong hand Don't need to be no rich hand Everyone just needs a hand to hold on to Having good luck with your financial situation Play as a ponies, be president of the United Nations Go to work and be a Hollywood star Drive your four-wheel drive Right into the muckers Everyone needs a hand to hold on to Everyone needs a hand to hold on to Don't need to be no strong hand Don't need to be no rich hand Everyone just needs a hand to hold on to They know thou was with you alone And there's nobody there except yourself I know it, you wanna pick up the phone And say talk to me, talk to me Somebody please talk to me Yeah