The whole situation was wrong Some love is just a lie of the soul A constant battle for the ultimate state of control After you've heard lie upon lie There can hardly be a question of why Some love is just a lie of the heart The call remains of what began with a passionate start But that can't happen to us Cause it's always been a matter of trust It's a matter of trust It's always been a matter of trust It's a matter of trust Cause it's always been a matter of trust I've been alive forever And I wrote the very first song I put the words and the melodies together I am music and I write the songs. I write the songs that make the whole world sing. I write the songs of love and special things. I write the songs. Ladies and gentlemen, I'd like to call to order For the Urban County Planning Commission zoning items public hearing for July the 26th, 2018. It's our tradition, we welcome all of our guests and visitors here today. We'd like to thank the staff again for their support. And to my commission members, thank you very, very much for your attendance as well. We do not have minutes for this meeting, so we'll skip that part of it. And we'll get right to postponements and our withdrawals. Good afternoon. Nick Nicholson here on behalf of MASH Properties for MAR18-9. And we are withdrawing the zone change request that we have put in. And I have advised my clients that they are to stop the use that is currently being done on 1709 North Broadway. And they either have to put the site back into conformity with the existing development plan, or they must come back to you off with an amended development plan. I'm sure the neighbors and Mr. Murphy have more to say, but we are formally withdrawing this change request. Just a minute before you get to the neighbors. Yes, sir. How many of you are here for this particular activity? Okay. In honor of these people who come down and taking their time and energy, would you give us a little explanation about what you plan to do with that particular act? What is your intent for that property? I cannot speak to their intent. Moving forward, they have been advised that they must stop the current use, that they cannot use that site as a car sales lot, they cannot keep vehicles on that lot, and that they must either return the site to the original condition of what the current approved development plan states or basically shows, or they must bring an amended development plan to you all with a new proposed use that is allowed in the B-3 and the conditional zoning restrictions. It cannot be a car lot, though. Okay. Thank you. Is anyone else here like, okay, Mr. Murphy, would you like to speak to this withdrawal proposal? Mr. Chair, obviously we do not object to the withdrawal at all. I'm here representing Mr. and Mrs. Forre, who are on the shopping center next door. We'd just like to know if there's a timetable or a definite process for bringing the property back into compliance. Okay. I'll turn to our staff for that particular question. Mr. Duncan. Mr. Chair, at this point we will go back into our ordinary enforcement mode on this. There have been some other violations identified during this process, so we'll have to essentially start over again with that, but we will set about to do that immediately. I cannot give you a specific timeline for that, but I appreciate Mr. Nicholson's advice to his client, and I expect that we will work quickly with him to come back into compliance. Okay. Thank you. Okay, anyone else like to speak to the withdrawal? Okay, commission members, I entertain a motion then for withdrawal. Oh, I'm sorry. Ma'am, come on up if you'd like. Hello. My name is Diane Cahill. I live on Grantchester. I guess a question to the MASH attorney. They have two properties. Are they two parcels next to each other? So does this include the whole? It does not. How is the car wash place zoned? I'm sorry, ma'am. I can't hear you. I'm sorry. The reason why is the microphone is this way. Okay, makes sense. We can't hear you. Okay. So I understand about the property on the corner. They've also purchased, leased, I don't know what they've done, used to be a car wash. And so they have two parcels and apparently we're only talking about one. Okay, Mr. Nichols, you can respond. I'm happy to clarify. This is actually about the car wash parcel. 1709 is the only one that had a conditional zoning on it, and so they are not allowed to use the car wash parcel for any type of sales lot whatsoever. The corner lot is not part of this application. It was not subject to the same conditional zoning restrictions. And so that use can continue. Okay. I thought that's why we were here. Okay. Anyone else? Larry Gillespie, Hawthorne Lane. I thought the filling station, the old filling station, where they started out initially selling the cars, was zoned to be a filling station, not to repair cars or to sell cars or do anything else beyond it being a service station. When I moved there 40 years ago, it was a service station or a filling station. Now, has that been changed to allow them to sell cars on that corner? Well, that has to do with something totally, we're talking about the development plan here, right? But Mr. Duncan, if you would like to. Mr. Chair, I think we're also talking about the permitted uses under the zone. Okay. and that's that's the issue with with the parcel that was put under notice because that parcel was specifically conditioned to not have car sales or related type of issue of uses related to cars the gas station parcel is on a different parcel and that uh the zoning there does does permit the use of cars and the variety of uses that would be associated with that we took 1709 is the corner lot where they started initially selling cars yes sir yes ms wade will help us out maybe the corner lot that is being referenced is addressed as 1701 north broadway is the former location of a gas station the applicant made a request to rezone or change the conditional zoning restrictions for 1709 north broadway the there are no conditional zoning restrictions on 1701 the gas station is one of many permitted uses in the b3 zone in addition generally b3 does allow car sales 1709 and 17 is it 15 1719 were collectively rezoned it was actually three addresses of initially and those restrictions were put in place in the 1980s 85 but those restrictions do not apply to the corner lot to 1701 so they can continue to operate that use there there may be some issues in terms of where they're locating some of their merchandise which again our staff will continue to work on those compliance issues but the use is permitted does that okay thank you miss way Was there a permit for them to build the four bay repair garage onto that filling station? I don't know. I don't know. No, Mr. Wilson, we've not been looking at the corner lot. The issue was the 1709, so I don't know what the permit situation was on the other lots. Well, I think it would be wise that you look at this one since you were saying that they can sell cars there, but they can't just go out and do whatever they want to do. In my business, if I don't get a permit before I put something up, I have to pay a heavy fine. And that's why I was wondering if they got a permit to build a four-bay garage. Well, I think your question is legitimate, but except for the fact that in this particular instance, we're worried about 1709. Mr. Wilson, since this is in the vicinity, we'll be glad to look to see if they did get a building permit for that. Good enough. Anyone else? Okay, and then we'll move back to the commission and we need a motion on the floor. The request is for withdrawal of PLN MAR 18-9. Go ahead, Mr. Plumlee. Mr. Chair, move withdrawal of PLN-MAR-1809, MASH Enterprises. Thank you. Second. Okay, it's been moved by Ms. Plumlee, seconded by Ms. Mundy, that we withdraw PLN-MAR-18-9, MASH Enterprises, LLC. Any other discussion on the motion? Hearing that, would you please vote when it comes up on your screen? Excuse me, ma'am. Excuse me. Excuse me. Just a minute. Please vote. vote on your on the thing Ms. Plumlee made the motion, Ms. Mundy made the second. Okay, here we go. This member's marked as absent. We're all absent. Okay, while they're trying to figure the electronics out on that, we'll do the old-fashioned way. Oh, here it comes. Okay, the motion carries for withdrawal, so the motion has been withdrawn. And I voted yes, it's not shown to. Okay. Now, ma'am, the motion is over, but I'm going to extend that privilege. If you've got something to say or a question. I would like to. Would you go to the microphone and identify yourself, please? My name is Brenda Cochran. I live on Woodlark Avenue. I was here under the impression that we were talking about the corner lot, and I would at least like to be heard today, And I'd like for you guys to be aware of some things that are going on there. I've taken some pictures I'd like to pass around. Well, ma'am, at this stage of the game, we're the only concerned about 1709, not the corner lot. That's a totally different issue. And I understand what your issue, some of the people have indicated already that they're questioning the building permits and the staff has indicated that they would take a look at that. But for the most part, the only thing we were here as a commission to consider today was a 1709 area. Okay. Thank you. In your agenda, in this 1701, in several times, an article is in the 12, 15, or 16 of me. I thought it reached, was it 2 or 3? Sir, but the Planning Commission just withdrew that application, so they no longer have any jurisdiction over the activity. It's going to be completely within the realm of the Division of Planning Zoning Enforcement Actions. If you all would like to have a representative meet with our staff, we could set up a meeting. That would be good. Okay. Okay. Well, we thank you all for coming down. We didn't want to make your visit here in vain, and we wanted to make sure you got as much information related to that particular property as you possibly could. but at this stage of the game the the applicant is now withdrawn his application we'll have to wait now to determine what happens from that we don't know exactly they are not able to provide us with any more information than what you've heard here today but we wanted to get them on record for your sake and for our sake to figure out what was going on because we think that's fair to the community we understand standard issues thank you ladies and gentlemen now let's move on if we could the next item I think will be the number one the Sands property the re-approval no very check and we only have two items definitely going Edward said it's not working the decision needed to be a school okay are we ready for the next I have a feeling it's not very good okay mr. Martin are we now on the development plan for the re-approval? The re-approval, yes, sir. Okay, then move forward. I'm still getting used to this new perspective. I like it. I got my eye on you. I just want you to know. I can still see you. So the first item on your agenda is a re-approval. It is a final development plan for the Sam's property and Larkin property, and this is located out on Greendale Road and Innovation Drive. The property in question is this area right here, and here is Spur Road and Innovation Drive. This is the new location for WKY, the public radio, UK radio station, and they're recording. You may have heard their ad. They have music out here now in this area. This plan is before you today to be re-approved. It was inadvertently left off the agenda for your subdivision plans. It's just one of those things that happens occasionally. So we brought it to you today for re-approval. The plan, this is a 115,000 proposed warehouse building. You can see the associated parking. You may recall there was a lot of talk about a spring in this area, which is one of the conditions, how to appropriately remediate that spring in this area. The other, two other major issues that you, again, you may recall on this property, one was how to sewer the property. And a pump station was going to be necessary. They are going to utilize a pump station on the Eagle distribution property is the current solution to that problem. The force main that they have to tie into is across Spur Road. So that was a big issue. And then over the years, as this property has come before you on actually more than one occasion, the other major issues were improvements to Spur Road here in this location. and the Greendale, I believe, in this area. Those have been resolved. They are going to do full public improvements to the half sections along their frontages. So, again, you can look at your agenda and see the conditions for approval. There is one slight change. You can see on page two, due to our change in our requirements, and that is the landscape examiner's approval of landscaping as opposed to building inspection. But staff is recommending approval of this plan subject to the original conditions. Any questions for Mr. Martin? Mr. Penn? Oh, you don't? Okay, I'm sorry. Any questions? Okay, thank you. Applicant? Evan McDaniel, Element Design, representing Kentucky Eagle Beer and TKM. I'm here to answer any questions you might have regarding the re-approval process. So for the record, you agree with all the conditions that you and the staff worked out, the 16 conditions that you have there? We do. Okay, very good. Any questions of the applicant? Okay, if not, then is anyone else here who would like to speak to this particular agenda item? If not, then we'll move on. We'll close this part and get back to the commission for additional discussion and our motion. Yes, sir. Mr. Chairman, I move for re-approval of DP 216-23 with the 16 conditions reported by staff. So would you make note of the change of the conditions over here? What I said was, okay, 16 conditions, also adding the fact that the landscape examiner approved the landscape landscape bill. Okay. Thank you. Got a motion. Do I have a second? Second. Okay. Mr. Penn made the motion. Mr. Forrester second that we approve for reapproval DP 2016-23 Sam's property and Larkin property as amended with the 16 conditions identified by staff along with the correction or the change in three where the staff recommends the landscape examiner's approval of landscaping and landscape buffers. Any other discussion on the motion? Hearing none, would you please vote when it comes up on your screens? hand up okay all those in favor thank you motion carries unanimously thank you well mine isn't okay thank you moving right along we're now at page three new lexington clinic staff Good afternoon, Chairman Wilson, members of the commission. Our first zone change and only zone change for today now does appear on page 3 of the agenda. It's PLN MAR 18-13, and this is a request by New Lexington Clinic PSC. Their request is to rezone property on Parkway Drive and also a portion of a property on South Broadway. From an R1C zone and an R3 zone, which are single-family residential and planned neighborhood residential zones, to professional office, which is our P1 zone. The total acreage of the zone change is 1.83 acres, net acres, and the proposal is to redevelop the Lexington Clinic site on South Broadway. And that includes, at this point, addition of this 1.83 acres that has not been generally improved along Parkway Drive. The subject property, again, a portion is located at the corner of South Broadway and Parkway Drive. and parkway drive is generally the entrance to the piccadome or gay brewer junior golf course and it's also where parks and rec has their main offices for lexington for the city of lexington and you can see to the northwest is the golf course and park area which is still in an agricultural zone i'm going to zoom in a little here directly to the northwest is still single family residential zoning and five single family residential zone homes do exist on the other side of Parkway Drive which is a boulevard. The Lexington Clinic is currently a mixture of zones. It is P1 and also B1 at the corner of Gibson Avenue and South Broadway. Generally on this portion of South Broadway it is mostly commercial zoning both a combination of the professional office that the clinic utilizes currently as well as B1 which is our neighborhood business and B3 our highway service business zones so you'll notice the darker red is a B3 zone there is a hotel and Rite Aid just to the south and west of the subject property across South Broadway is a mixture of businesses local businesses generally restaurants consignment shops that's the applicant as I think I mentioned already is asking to reason the property in order to expand our the expand the property size for the Lexington clinic so currently along Parkway the aerial photograph will show and also the site photos that the here the corner is currently a vacant lot it's the r3 zoned parcel and then as you go down parkway at all there are five lots that are currently zoned r1c and they each have a single family home so in this photo you can see the first single family home and then in this sort of montage you can see the other four single family homes that do exist on the subject property at the end of Parkway Drive is currently the Parks and Rec, again, the entrance to the golf course, but also they have a parking lot, and they utilize that on a daily basis for the golf course as well as their offices, and then there is a swimming pool there as well that's utilized by the public. If we go back, this is the existing large tower on the subject property. It's a six-story tower. The proposal is to remove that as well as a smaller office building on the site and replace it with two independent office structures, which are going to be shown on the development plan. And they are adding, as well, additional off-street parking. In terms of the 2013 comprehensive plan, the applicant did opine, actually not specifically about the 2013 comprehensive plan, but rather about the 2018 goals and objectives. So they listed a few goals and objectives within their justification that they believe they're meeting, and those are supporting infill and redevelopment throughout the urban service area as a component of growth, supporting local assets to further the creation of a variety of jobs, attracting the world's finest jobs and employees, working to achieve an effective and comprehensive transportation network by specializing or prioritizing pedestrian first design, and then lastly to uphold the urban service area concept. The petitioner also opined that their rezoning is appropriate and the existing R1 and R3 zones are inappropriate at this location. The staff generally found that the existing zones are inappropriate and the proposed zone is appropriate, and we made that recommendation based on five findings. The first is that the P1 zone that they're proposing is compatible with the existing Lexington Clinic adjacent, and you can see in this site photo, and it would allow for a uniform redevelopment of the site. Secondly, the expansion of the P1 zone would allow for the consistent redevelopment along South Broadway and disperse traffic to the two side streets rather than making the current entrance, I guess, removing that current entrance. Third, the existing residential zones are inappropriate because of the proximity of other, I'm going to go back, business and commercial uses along Parkway Drive. So again, this is the only single-family residential left on this side of Parkway. The other corner is already a business use, and they're adjacent to the clinic on that side, as well as on the southeast side of South Broadway. And even where the single-family residential zone continues, that is, as I showed you in the photograph, an existing parking lot for a more active use. So the existing residential zone boundary or zoning, which would be bounded by Parkway Drive, is a more appropriate boundary in this location. And the existing vacant residential lot at the corner of Parkway Drive and South Broadway has been underutilized at this location for approximately 30 years. It was actually rezoned in 1980 and has never been used in the manner that the clinic originally intended to use it for. The reason they rezoned it was for a parking lot expansion, and they just never moved in that direction. The petitioner did suggest conditional zoning restrictions as part of their application. The staff felt that they weren't necessary in this case. Again, the surrounding commercial higher intensity zones are already there, and so the buffering from another use would just be for the residential properties across Parkway Drive, and that's already a 100-foot right-of-way, so the distance to those uses is already a good setback. and I think that's the oh in addition the conditional zoning restrictions as proposed would only apply to this small portion of their property not to the rest of their site so that wouldn't necessarily help the single family residential neighborhoods on Gibson and Duncan so the staff did recommend approval of the proposed rezoning as did the zoning committee three weeks ago and those reasons are listed on your agenda again on page i believe it continues on to page four three and four and the staff also cited the 2018 goals and objectives those that have been adopted but not the 2013 comprehensive plan because again the applicant didn't provide a specific justification related to that so this recommendation as is typical is reliant on the development plan also being approved and certified by the planning commission today any questions for miss wade okay mr martin Mr. Chairman, members of the Planning Commission, the plan that you see before you is on your agenda, page 4, Lexington Clinic, also known as LaBelle Subdivision, Unit 1. Again, what you see, of course, is the South Broadway frontage for the site, along with Gibson Avenue in this location and of course the parkway here in the area of the zone change. This is an existing surgical center that will remain, as you can see. Here is a proposed new building in this location and the second building in this location. This first building is proposed to be 79,000 square feet. This building is proposed to be 41,000 square feet. they are going to have over 600 and in fact 634 parking spaces are proposed for this redevelopment now it's important to understand that this is a preliminary plan there is an existing final they will bring a final development plan back to back to this body for review it will be an amended plan to show this new development and no doubt and they'll be happy to explain it to you at that time there would be no need to belabor it today but it will be a phased development of the property because they're going to use the existing facility obviously as they build the new and then phase that out but that will be something i'm sure we'll all be discussing at the time of the final development plan one of the reasons that will be important is they are going to close this access to south broadway and come in off of the parkside drive and of course utilize the existing access to gibson where there's a traffic light the preliminary discussions have been significant about harrisburg road improvements whether or not there may be or may not be a need for another traffic signal and those are the the principal big issues that will have to be addressed at the time your final development plan there is a lot of flood plain in this area on the property and this area it daylights as it flows into the golf course i know this body's heard a lot about flooding issues those are upstream across broadway this this development will not aggravate those problems at all they are downstream from those problems they are proposing some detention in this area They have large existing detention in this area. And, again, those will be things that will be discussed at the time of your final development plan. You can see on your agenda that there are your standard preliminary plan sign-offs. There's a couple little cleanup conditions. And then conditions 9, 10, and 11, staff did not receive a revised plan, So we did not revise your conditions. However, 9, 10, and 11 could be revised to state that these shall be resolved at time of final development plan. So the improvements to Harrodsburg Road, the transit stop and the shelter, as well as pedestrian access, and that's internal access, all those items are your final development plan issues and can be resolved at that time again these were items that we had on the table we wanted to discuss with the applicant and that's why they're on your agenda today just to give you a little heads up there we get a lot of bus riders in this area and there already is a transit stop that's heavily used so they're proposing one in this general location and of course that's just a matter of working it out with lextran and getting it in the right spot so again that's a final development plan issue and with that your subdivision committee do recommend approval of this plan any questions for mr. Martin okay thank you applicant I'm Steve Rochelle here on behalf of the New Lexington Clinic. Thanks to the staff for your presentation. We concur with the staff on all four corners of their recommendation, including withdrawing the request for conditional zoning, restrictions as recommended by the staff for the reasons stated in the report. and with that we would request your approval any questions for the applicant okay thank you anyone in the audience like to speak to this agenda item okay if not we'll come back to the commission for a motion our additional discussion okay uh just a minute mr monday i just have a question i think probably for tracy have they met I know there's only what five houses six houses on the end of that street have they do you know have knowledge that they've met with those neighbors and they're okay with this I don't see anybody here from the neighborhood good afternoon I'm dr. Andy Henderson I'm the CEO of Lexington clinic and I've seen patients in this facility since 1981 of those five houses one had a couple who both expired this spring. I have met with three of those house individuals. They were all enthusiastic and excited about it. The fourth one had a scheduled appointment. She had to reschedule. We repeatedly reached to her and she did not reschedule. So of the five I've met with three. The other both the folks expired. Thank you. Any other questions or comments? Okay, then we'll pull it back to the commission for a motion we would we'll take it in two parts well okay okay mr mr chair i'd like to make a motion for the approval of pln mar-18-13 new lexington clinic for the uh zoning change for the reasons provided by staff. Okay, do we have a second? Okay, we have a motion made by Mr. Forrester and a second made by Mr. Brewer that we approve PLN MAR 18-13 New Lexington Clinic with the conditions or reasons provided by staff. Any other discussions on the motion? Would you please vote when it comes up on your screens? Oh, here we go again. It's not working again? Okay. Well, wait a minute. Here it comes up. Oh, well? You can't vote for Will, though. He's not here. Let's put it this way. All those in favor, raise your hand. Say aye. Aye. Okay. Opposed? Any abstentions? Ayes have it. Motion carries. Now for the development plan. Okay. Mr. Chair, I'd like to move by motion for the approval of the preliminary development plan. PLN MJDP-18-53 and to change 9, 10, and 11 from discuss to resolve. Okay. At time of final development plans. Thank you. Okay. Do I have a second? Okay. Mr. Forrester moves approval of the preliminary development plan MJDP-18-53 Lexington Clinic. That has been seconded by Mr. Brewer. And we have the 11 conditions provided by staff with the last three changed from discuss to resolve at the final development plan. Any other discussion on the motion? Not would you please vote when it comes up on your screens, if it comes up on your screens. Okay. Motion carries. Okay. Thank you all. Yes, sir. Mr. Chairman, thank you and to the members of the commission and staff again. Did Mr. Forster's motion include withdrawal of the conditional zoning restrictions? Was that incorporated? I think the staff did not recommend including those in our recommendation to the Planning Commission, so they adopted the staff's recommendation. So those would not have included any conditional zoning. Thanks for the clarification. You're welcome. Thank you. Mr. Duncan, anything else to come before this? Thank you, Mr. Chair. We'll keep trying to bring you these Christmas presents as long as we can so you can have your afternoons off. but we do appreciate your participation, remind you that you have committee meetings next Thursday, August the 2nd, in the Phoenix Building, and I look forward to seeing you all then. Thank you. We can't leave here at this time. We have to stay here for at least another couple of hours, so I'd like to read to you. Any other business to come before this body? Any other business to come before this body? If not, without objection, the meeting is adjourned. Thank you all. Thank you.