on the city's website. On Tuesday, June 11th at 1 p.m. will be the Council's General Government and Social Services Committee meeting. This week there will be no formal presentations given to the Council during this committee meeting. At 3 p.m. on Tuesday will be the Council's work session. The new business portion of the work session is relatively short. However, there is one really interesting piece of legislation to take note of. Item G in the new business is authorizing an agreement with the LFUCG, City Center, and ATS Construction for the reconstruction of South Upper Street between West Vine and Main Street. This is one of those roads that's had one line closed since the construction began at City Center. Hopefully this is signifying the end of lane closures around City Center's construction. Then on Wednesday, June 11th at 9 a.m. is the Police and Fire Pension Board meeting. Later on Wednesday at 5 p.m. is the Board of Architectural Review. Finishing up the week on Thursday, June 13th, is the Planning Commission meeting. This week's topics will be about subdivision items. That's all we have for this week's meeting schedule. Remember, you can see these meetings live here on LexTV and Webstream at the city's website at lexingtonky.gov. Neil, back to you. Thanks, Chris. And that will do it for this week. You can keep up with us on social media and check out the latest traffic updates on Twitter at LexRex or catch our live traffic cams on LexingtonKY.gov. For the staff and producers at LexTV, I'm Neil Noah, and that's it for now. After playing for the Cats, I started my career at the Division of Community Corrections 30 years ago. Corrections is a great way to serve your community and make a difference. You'll be challenged and rewarded with a competitive salary, full benefits, and a pension. Apply today and join our winning team. People who make good corrections officer people... It's wonderful for that. It's wonderful for that. And then you're saying, this one's not on pylons, it's on rock. So it's got a thinner base to it than the other. Correct. But then the walls are six inches thick, is that it? The ceiling. The ceiling. In the middle, right above us. Yeah, we'll not look up right now. But it has never really been used in its official capacity. You filled it once up to make sure it would work. But this tank, unlike any of the other tanks, has all of this, I'll say engineering, but how would you describe what this is? This is what's called a jet aeration mixing system. All right. So this tank in the location of the city, it gets high flows. So when this tank gets used, it'll fill up quickly. Okay. But then because of the capacity of the sewers downstream, it'll take a long time for the system to go back to a normal level, and then we can bleed this back into the controlled rate. So with it being in here a long time, sewage tends to get stinky. It's a little rye. So to keep it fresh, we can add air from these nozzles you see. Okay. Adding air keeps odors down. We mix it physically pumping and mix the sewage as well as adding air. Less on that, okay. And then we can add chemicals. As a last backup, we can add. So it's a multi-step approach that we can help keep the odors down, keep the neighborhoods not knowing what's here. Well, we've already done a great job of visually hiding this. This is yet another thing, again, different than the other tanks, where, well, I don't really know. You're an accessory building out there. Yes. And that's all just to run this system, isn't it? Yes. Which other tanks don't relate. I guess they have some sort of apparatus next to them. Very little, yeah. Just a return valve that holds the flow in the tank until it's ready to be received into the system. So we're trying to fix a whole lot of sewer overflows based on the EPA consent decree. And building this operation is, again, different than anything else because we tunneled under New Circle Road because the actual pump station for here is actually over there by Panda Express. So we minimized our footprint kind of on that side of New Circle, maximized it here, but it used the elevation difference to pump the sewage in here, which is going to be a lot of rain runoff with some sewage in it. Diluted wastewater. And so the system just knows when they kick on. How will that work? So on the other side, you mentioned at the Panda Express, the pump station side, there is a weir. So there's a fixed weir. So when the flow is back up in the system, it will back up and flow into the... Just automatically. By the height? Yeah. Or something? Yeah. By the hydraulics of Lexington's system in this area. And it begins to kick on pumps to do that? It flows into the pump station. When it fills up, the pumps kick on, pumping over here. Now, I don't know all the locations of all the overflows, but this has to be one of the sweetest spots to make one fix. It's a lot of things taken care of at one time. Absolutely. This takes care of Woodhill things. It takes care of things on Richmond Road in front of the old Exxon Mall. Yep. Which there were some vicious overflows into the watershed or into the water there. Yes. I forget the number. There's a number of overflows in this area that this one project builds. Yeah. So we're here, and it's middle end of May. and you think this will be commissioned and be able to be used sometime into July somewhere? Yes, absolutely. So then the biggest rain we have after July 4th, this might kick on. Yes. Yeah, it could kick on for a small run. I mean, potentially with the system. Oh, based on how dynamic the rain is, if it's so hard. If it's rained for multiple days beforehand, you could get small rain and everything saturated. It could kick it on. It could kick it on. It doesn't have to fill up. It could fill up to where we're standing. It could fill up to the roof. And then there is a kind of a chimney on top, but that's to suck everything off. If there's odor, odors. Recycle that. Through carbon, clean it, and again, minimize odors. So ideally, all the neighborhoods wouldn't know when it came on, wouldn't know if it was full, wouldn't know if it was running, and wouldn't know if it was empty. That's the plan. All right. I like it. I think it's great. I don't want to be standing around out here with you on another occasion. unless it's a ribbon cutting I don't know we're going to take a break and come back and talk with Director Martin here in just a minute Kurt, thank you so much appreciate your time we'll be right back hello, welcome back I've been joined by now Director Charles Martin I see you we call you Charlie sometimes too casually you've been Director all the time but you've served as Commissioner three or four times, haven't you? yes sir, I have, four times we appreciate that service and the versatility of it, all while doing an EPA consent decree. Is there an award for that? I don't think so, but, you know, if you're looking for a challenge, I've got one. We now have a new seeming very nice commissioner that you're working with. Very capable. I'm glad she's here. I think she'll be a really good asset to the team. And that puts you kind of back in your bailiwick is what I would say. Not that you were doing bad for the other. This is kind of your area of expertise, interest, and passion, truly. Yeah, I'm kind of a water guy at heart, yeah. Well, I mean, you started working with things like this to begin with, you said. Yeah, I'm kind of the lone person left over from the start of the consent decree. And, you know, what people forget is that this really started back in 2005 when EPA first contacted us. And so through the course of an overall evaluation and developing plans and all that and turning it into capital construction like behind us, it's been a 14-year ordeal, and we've still got a ways to go. Yeah, but we're making big, notch strides. and you have made that happen, and this being one of them, all the tanks are big ones. Yes. We've had a lot of success along the way. We've had more wins than we've had losses. Any of the setbacks that we've had, we've been able to overcome. It's been a big learning project. This is the biggest public works project in the city's history. I agree. I think it's something that people absolutely rely on every day. Absolutely. And it's so thoughtless until it's a problem. But I think that's what's so neat about the complication of this specific project, but how many solves it has in it in terms of the consent decree. Yeah, you know, the manholes that always overflow along the guardrail there along Richmond Road, I mean, they are a long-standing historical thing. People have lived here for a long time. And vicious overflows, not kind of a little overflow, but kind of gushing overflow. When I came to work here in 2000, the former director, Jimmy Campbell, told me that was one of the first projects that he was assigned to in 1968. So here we are in 2019, and we're finally getting to the point of providing a reliable solution to that problem. Well, I think there will be a time where we can be on Richmond Road and not have an overflow, and it's because this is operating, and I think that's in the next few months, and that's really exciting in terms of the overall decree and its implementation. That's really what it's all about, is to stop unpermitted discharges to the waters of the United States. But you had to build a pump station on the other side of a highway and drill a tunnel under it, to put a tank out here. Yeah, we were trying to make good use of available property without taking really, really good property off the market. Sure. I mean, you remember that conversation, is that when the property came available where the old Perkins was at, it was right where those manholes overflow, so hydraulically it made sense for us. But the idea of putting all of that infrastructure right there on Richmond Road was not a good thing for a lot of people. So we found out a way to kind of skin the cat both ways by putting that pump station there in the corner where it's probably the least desirable part of that parcel and plus putting the architectural enhancements that we did to it. To make it look like more than something it is. To look like it belongs. Yes, it does. It has a relative feel. Yes. It's emerging every day. Right, right. And so Mayor Gray and yourself and others, they had a lot of input to that to try to make sure that it complemented what was there, even though it was a kind of necessary infrastructure that you wished was somewhere else. But it's the brains for the operation. It is. Yes, it is. It's critical because otherwise that overflow that comes out over there would not get delivered to this site without this pump station. And then the way it's aerated, not treated, but flowed in a capacity. Yes. Yes. You know, everybody's familiar with the word septic. When something goes septic, it usually stinks. And the idea is to keep air in it and stuff like that. Oxygen is what prevents sewage from going septic. And so by introducing the oxygen in there and keeping it mixed and fresh, that will help mitigate any odors. The idea, obviously, is to not keep sewage in here any longer than what we have to. Well, according to the need. If we do, we've got to back up. Belt and suspenders. So he said the same thing. Great term. So there's a filter system at the pump site to keep heavy solids or things non-soluble or something. It's amazing what people will flush down the toilet. But there are some strangely objectionable things. My guys at the treatment plant oftentimes find money on the screens and stuff. Really? Yes, yes. I would never have thought that. Yes, yeah. It's a fairly common occurrence. But anyway, those screens, they protect the pumps. Yeah, they protect the pumps because if a big solid gets stuck inside that pump, the pump is capable of pumping like a two-inch sphere. Anything bigger than that, if somebody sticks a board down in a manhole and just dumps it in there, like during construction sites, that happens a lot, we don't want to tear up the pump because then we don't have anything. The screen protects the pump, and the pump is like your brain. It's like wearing a helmet on your head. So how much material will you pull off there? Now, you know, it's typically on those kind of facilities, the ones that are in service day in and day out, We service them about every other day because they have a little bit of storage in them as well. They're all mechanized. Because this pump station only operates when it rains, you know, days like today, it'll be sitting there not doing anything. And so everything is just fine, and we'll come out and run it occasionally to make sure that it's capable running when it needs to. So when you take that out of the effluent and you've compacted it, you then take it directly to the landfill? Yeah, we bag it up and take it to the plant, and it goes with the rest of the solids that we dispose of. That makes sense. Yeah. We spend about a million dollars a year disposing of sludge and other stuff that comes out of sewers. Well, but it's the correct disposal. Yes, absolutely. It's not just something we're off the books. I mean, it's something properly cared for. Yes, it's probably cared for. It's part of the overall solid waste contract that we have where they pick up refuse in front of your house. Okay. I mean, obviously. Oh, really? Yes. The company that disposes of that and takes it to the landfill, they also take our sludge. In a separate vein or separate truck? Separate trucks and stuff like that. But it's all part of the contract as far as the fact that they're hauling sludge from us helps get us a better price point on our residential trash. Because what we're taking is rich stuff, which strikes me. And it's volume for them. Is it really? Yes. It's heavy volume, too. Well, yeah. If we get 1% of the water out of that, that saves us nearly $70,000 a year in disposal costs. So we want to get water out of there as much as possible. What about the overall numbers for the tank? What we first thought was going to be versus what you think it is now here at Viet. The original cost estimate for this all-in was $19.1 million, including value engineering and also being able to better utilize the sites here. We're right now at $14.4 million, and with the opportunity of being able to recover some money because we think we have some excess property that others would be interested in. Still a lot of money, but to save nearly $5 million in the original cost, That's huge. You've been consistent in this part of the decree of saving us money. Now, we're going into a different time with different constraints and different hardware in terms of pipelines that may not be as easy to get that economics out of. But that's why we're programming a sewer rate fee increase for the first time in several years this year. Yeah. It's going to keep us caught up, as it were. Yeah. We're constantly mindful of trying to keep the lid on the costs of this project while we deliver what we committed to with EPA. because we're all going to pay for it. I'm like everybody else. I live here. I don't want to pay for something like that. You've been very judicious about that and the money we've obtained to use. I appreciate you left the last hatch open for us to get in there before they seal it up to put it in use. That was interesting, wasn't it? Never had been in, never will be again, but it's all good. We went up on time. Thank you for that, too. You're welcome. Thanks for coming out to see us. You're the best. Appreciate you very much. Thanks, sir. I'm Bill Farmer for Lexplorer. We always appreciate visiting with you. If you have a thought or a place you'd like for us to come to, please let us know. Thank you so much. Thank you. Amen. Amen. Amen. Amen. Amen. Thank you. Thank you. The End Good afternoon, ladies and gentlemen. I'd like to welcome you to the June 13, 2019 Urban County Planning Commission. I'd like to thank and welcome our staff, and also certainly I'd like to thank our commissioners for their willing support and participation in this commission. With that, I'll call the meeting to order, and with approval of the minutes, go to Ms. Plumlee. Thank you. Thank you. Move approval of April 25, 2019 and May 9, 2019 minutes. Second. Okay. It's been moved by Ms. Carolyn Plumlee, second by Ms. Karen Mundy that we approve the minutes of April 25 and May 9, 2019. Any other discussion on the motion? Hearing none, all those, well, please vote when it comes up on your screens. I've been operating another meeting where we have no electronic devices or such. Postponements and our withdrawals. Good afternoon. Nick Nicholson here on behalf of Ball Homes Incorporated. On page 9 of your agenda, item 1 under zoning items, we'd ask for a postponement to the July 25th Planning Commission meeting in order to get back on your zone change docket. we are still working with the staff on this application and hopes to be able to bring something forward at that time. Does anyone in the audience like to speak to this particular recommendation for postponement? Anyone on the commission? If not, we're ready for a motion. Mr. Brewer. Mr. Chairman, I move for postponing the 19-3 plan. Okay, it's been moved by Mr. Brewer, seconded by Ms. Mundy, that we postpone until July the 25th, PLNMAR 19-3 Ball Homes Incorporated. Any other discussion on the motion? Please vote when it comes up on your screens. Okay, that motion carries. Thank you. Mr. Murphy? Mr. Chairman, I'm Dick Murphy on page 6. item FPLN MJDP 1927 JFG Enterprises Inc. IVCP Athens LLC 5301 Athens Boonsboro Road. I represent the adjoining property owner of a company called Encore Partners LLC which you all may remember from the zone change hearing. We have the entire boundary on this property on the north side. I expressed some concerns at the subdivision committee about it. And yesterday I got a call from Nathan Millings, the attorney for the owner, who said they were going to postpone today and proposed we get together next week to work all this out. I agreed. I said that's the best way to do it. I told my clients who are from eastern Kentucky that it was going to get postponed. They said, good, we won't come tomorrow. We'd like to be there, but since it's being postponed, we won't come. So I'm asking that this be moved to next month's Subdivision Development Plan agenda. I do understand that the owner may have changed their mind, and they may want to be heard now. But I cannot undo what I've told my clients, and they cannot be here in time to be heard at this point. at this point okay the date on that is july the eleven okay anyone in the uh... party that's like to speak to this recommendation for postponement this is josh was on the owners rep uh... i'd see the eight and center of this property and we feel that the plan has been presented as being presented today was or has met all the concerns that were brought up originally and concurrently with the original PDP in this process. The reason that we were looking to postpone was we thought there were other issues. Those issues were resolved. We found out they were resolved and so that brought us to it. It had nothing to do with the concerns or the issues. We felt that we had met all of their concerns and all of their issues and and so we're not you know this is not an intent or to try to to circumvent that conversation we still want to have conversations with our neighbors we want to be good neighbors but the but you know that change was was was it for a different reason and when we found out that we could move forward today we we chose to do so we'd love to we prefer to be heard today and and to have the development final development plan considered thank you thank you mr. Murphy before mr. Murphy speaks again I'll just note that the Planning Commission does have 90 days to consider any development plan and so within that range of time you have until August the 4th 2019 to act on this plan okay I just want to reiterate I was told yesterday it was going to be postponed and I relied upon on that and told my clients. And I just, I can't get them here. It's not, I don't think it's fair. It's not possible to do that. There are some issues. I'm confident they're going to get resolved. And my clients, and I think Mr. Billings said, yeah, we should work them all out next week when we meet on that. Okay. Mr. Murphy, that's good. Anyone else like to speak to this particular plan? Okay, back to the commission. It's a recommendation of the chair that we do go ahead and postpone until July the 11th, but then again it's left up to the commission to make that determination, but go ahead, Mr. Lawrence. Thank you. Yes, I would agree since there was conversation as recent as yesterday as far as postponement. I think that's where the acknowledgement was coming from. I would agree, and with that I would move for postponement of Plan 19, Plan MJDP 19-27JF, J.F.G. Enterprises until July the 11th, 2019. We have a motion by Mr. Owen, second by Ms. Mundy that we do postpone PLNMJDP 1927, J.F.G. Enterprises Incorporated, Athens, Boonesboro Road, Lexington, Kentucky until July the 11th. Any other discussion on the motion? Please vote when it comes up on your screens. Okay, thank you. Mr. Carter. Mr. Chairman, members of the Commission, my name is Matt Carter with Vision Engineering. If you turn in the agenda to page 2, item B, PLN, FRP 19-14, Waitsmore, Limited Partnership Property. I need to ask for one month postponement. The reason is there was a notification requirement as a condition of the zone change that we notify the adjoining properties before we file a plat, which we failed to do. So we've now done that, but we need to postpone for one month. Anyone in the audience like to speak to this particular recommendation for postponement? Anyone on the commission? If not, we're ready for a motion. Mr. Chairman, I move for postponement of PLN FRP 19-14 for one month. What's the date on that? July 11th? Yeah. July the 11th. Okay, it's been moved by Mr. Frank Penn, second by Mr. Brewer, that we postpone PLN FRP 19-14 Waitsmore LTD partnership property until July the 11th or one month from today or one month. Any other discussion on the motion? Please vote when it comes up on your screen. Motion carries. Thank you. Any other postponements or withdrawals? Okay, Mr. Martin. Yes, Mr. Chairman, members of the Planning Commission, the staff has several items to bring to your attention. The first item is on page one of your agenda. It is plan final record plat 19-5, Crossroads Christian Church, amended, property located at 4128 Todd's Road. We have received written requests to postpone this plan for one month. They still have issues concerning possible waivers on this property they need to work out. Anyone in the audience like to speak to this particular request for our postponement? Anyone on the commission? Ready for a motion. Mr. Chair, I'll move postponement plan FRP 19-5 Crossroads Christian Church until July the 11th. It's been moved by Mr. Mike Owens, seconded by Ms. Carolyn Plumlee that we postpone PLN FRP 19-5 Crossroads Christian Church until July 11. Any other discussion on the motion? Please vote when it comes up on your screens. Mr. Martin. Mr. Chairman, the second item staff would like to bring to your attention is on page 3. under preliminary subdivision plans this is major subdivision plan 19-6 Tuscany unit 15 this is property located at 1970 Winchester Road you may recall that those of you on the committee that heard this plan there's a traffic study that's being worked on for this property that study is not yet fully been completed so they are requesting a one-month postponement anyway they already like to speak to this particular recommendation for postponement anyone on the Commission not we're ready for a motion there's chairman I move for postponement of PLN MJS you'd be 19-6 to the July 11th meeting okay it's been moved but mr. Frank Finn second mr. Larry Forrester that we postpone PLN MJS SUB 19-6, Tuscany, Unit 15, until July the 11th. Any other discussion on the motion? Hearing none, would you please vote when it comes up on your screens? Thank you. That motion carries as well. Okay. And Mr. Chairman, members of the Planning Commission, still on page three, the very next item, item B, is a preliminary subdivision plan, 19-7 for Crossroads Christian Church, amended. Again, this is located at 4128 Todd's Road. The applicant is requesting a one-month postponement on this plan. They're going to have to go to the BOA to resolve several issues on this particular property before they bring it before the Planning Commission. Anyone in the audience like to speak to this particular recommendation for postponement? Anyone on the commission? If not, we're ready for a motion. Mr. Chair, I move to postpone PLN MJSUB 19-7 Crossroads Christian Church for one month. Okay, it's been moved by Mr. Poe, second by Mr. Brewer, that we postpone PLN MJSUB 19-7 Crossroads Christian Church until July 11, or at least one month. Any other discussion on the motion? Hearing no, would you please vote when it comes up on your screens? Thank you. That motion carries as well. Chairman Wilson, we have one more item that has been requested for withdrawal, and that's the BOAR appeal, which appears on page 10 of the agenda. This was a BOAR appeal filed by Robert and Ellen Sparks, and to our knowledge they have resolved the issue and requested that it be withdrawn. Okay, does anyone in the audience like to speak to this withdrawal application or request? Anyone on the commission? We do have to take final action even though it's a withdrawal. Since it was formally put on the program, we have to take formal action to take it off. So I need a recommendation or a motion here, please. Ms. Plumlee? Move withdrawal of BOAR 2019-1 Robert and Ellen Sparks. Second. Okay, it's been moved by Ms. Carolyn Plumlee, seconded by Ms. Karen Mundy, that we withdraw BOAR 2019-1 Robert and Ellen Sparks and we do so at their request. Any other discussion on the motion? Not pleased to vote when it comes up on your screens. That motion carries as well. Okay, any other withdrawals? postponements okay this way we'll move into the consent agenda item possibilities thankfully the Planning Commission has a number of items on the consent agenda today there's one that appears under the preliminary subdivision plans and this is a request for reapproval it appears on page four of your agenda item C PLN MJ SUB 17-42 for Pachin Wilkes townhomes section 2 and that's an amended plan for property located at 2101 Pachin Lake Lane then there are also seven development plans that appear on your consent agenda that were recommended for conditional approval by the subdivision committee Starting on page 5, item B. First one is PLN MJDP 19-17 for Marathon Oil Company Speedway. It's an amended final development plan for property located at 1001 Georgetown Road as well as 1404 Mercer Road. the second item is on page five it's item c pln mjdp 19-24 for bluegrass business park pemberton farm lot two and this is an also an amended development plan for property located at 2259 jaggy fox way the next item appears on page six item d pln mjdp 19-25 for lexington plaza incorporated also an amended final development plan and that's for property located at 126 west new circle road the next item is also on page six item e pln mjdp 19-26 cadentown subdivision for gentry family lot one property is located at 2833 liberty road our next item appears on page seven It is item G, PLN MJDP 19-29 for Lexington Industrial Foundation, Unit 2, Building 1, amended final development plan for property located at 2029 Buck Lane. the next item is on page 7 item H PLN MJDP 19-30 for Laredo Village also known as the colony at the Oaks and this is an amended final development plan for property located at 385 Reading Road and last i also on page seven item i pln mjdp 19-32 for the fox property lot four and that is located at 2400 for sales road i would note that on your consent agenda the first item for the preliminary subdivision plan indicates that there is a finding needed the planning commission because that's a reapproval has already made that finding so it's not necessary to be included today at this time we'll ask if anyone in the audience if the petitioners or anyone on the Planning Commission would like for any of these items to be heard in full today seeing none the Planning Commission can take all of these items in one motion Okay, Mr. Forrester, I'm sorry can you turn on your microphone? I'm sorry. Thank you. Sorry Mr. Chair I make one comment for one of the consent agenda items PLNMJDP-19-26 the Gentry Family Lot 1. I need to recuse myself from that particular item. Okay So noted. Thank you. Now we're ready for a motion for the consent agenda. Mr. Pohl. Mr. Chair, I move to approve the consent agenda as presented by the staff. Okay, it's been properly moved by Mr. Pohl and seconded by Mr. Brewer that we approve the consent agenda as provided by the staff. Any other discussions on the motion? Please vote when it comes up on your screens. That motion carries. Thank you. While they're setting up for the first of our hearings, let's see. I think we have some bonds of letters and credit. Where is it? Do you all have? I don't see. Where is it? We're looking for the bonds of letters and credit. Where is that letter? We uploaded that to Granicus as an attachment to save a little bit of paper. so it's not in front of you in paper form but it should be attached within the Granica system for you to pull up. Do we go to documents to get that? Yes sir. Okay. Ah see it. Is everybody able to access it? Ah yep. Okay. Perfect. Thank you. If I have it everybody should have it. I hope so. Well, when I'm saying it, because I'm not that technologically savvy, and so I'm sure if that's the case, while they're getting ready, if you hold Mr. Martin, we'll try to take this small item. Could we get some motion related to the credit performance bonds and letters of credit? Mr. Chair. Okay, Mr. Berkley. I'm going to move for release of call bonds. Second. Okay. The motion has been made by Mr. Berkley, seconded by Ms. Mundy, that we have the release of the call of bonds. Any other discussion on the motion? Please vote when it comes up on your screens. Okay, that motion carries. Thank you. Now, Mr. Marks. Mr. Chairman, members of the Planning Commission, the first item on your agenda today is on page two. it is under final record plats it is major subdivision plan 18-41 Hamburg East lot 3C oh here it is speaking of being technologically savvy here we are this is a final record plat to subdivide this lot as you can see into two lots this is polo club here's man of war costco is back here in the rear this is a development plan this is governed by a development plan that was recently approved by the planning commission it has been certified this is the bank and there's our starbucks i'm sure that you remember the conversation about the parking that was one of the premier issues on that particular development plan so it has been certified this plat is before you today and normally this would be staff approval but during the course of beginning the development of this property they have discovered that they need to request a waiver and that is why that is before you today this particular plat they are requesting a waiver for substantial completion and that regards the public sewer that is required every lot is required to have public sewer before it can go to record and they are requesting this waiver it'll impact 125 linear feet of sewer the sewer design has been completed and submitted to engineering for their approval so they are ongoing with the development of this particular property as you all may be aware development plans and preliminary subdivision plans both have something in common they allow site development they allow public infrastructure to be built so their request is not unusual in this circumstance particularly where we have a final development plan and that is they want to coordinate their site improvements including the sewer as they develop the property this is not unusual we've granted these you have granted these in in Hamburg on several other occasions. This is most common when they have an end user, and as you all are aware, they have two end users for this property. If it was just a lot and they had no user, it wouldn't be before you today. They'd have to build a sewer and have the lot ready for development. So again, this is an issue of construction coordination on the site development. And with that, your staff is recommending approval of the waiver. Any questions for Mr. Martin on this waiver? applicant uh my name is matt carter vision engineering um we've read the conditions and we are in agreement uh with the conditions and uh at this time uh we ask your approval for the waiver okay Anyone in the audience like to speak to this waiver request? Anyone on the commission? If not, we're ready for a motion. Mr. Pohl. Mr. Chair, I move to approve PLN MJSUB 1841, Hamburg East, Lot 3C, amended. you said 18 it's 19 19 i'm sorry yeah it's the waiver 19 7 hamburg place mall unit 1 parcel 2a lot 7 amended with the waiver approved the way approved approving the waiver okay uh mr graham poe moves mr healy bell seconds that we approve the waiver to article 47-1d-1 of the land subdivision regulations regarding substantial completion for the sanitary sewer system any discussion on the motion please vote when it comes up on your screens that motion is taken care of thank you Good afternoon. We're going to stay in Hamburg right now. We're looking at Hamburg Place Mall, Unit 1, Parcel 2A, Lot 7. this plan came in and they had a lot of conditions and then they missed the cutoff to be able to get revised conditions excuse me just a minute oh I'm sorry we got the blue sheet well not only that this is the blue sheet right yes this is the blue sheet this is what Graham just read off no there's two blue sheets all right we're good but this one I need to we only have one he read off this one the last this one's gonna be MJDP 19-7 yes that's the one that he should have and the previous one was 18-41 well he started off on the blue sheet but we corrected that and it came out to the white sheet so this is the only one on the blue all right well that's good I need to recuse myself from this one PLN MJD 19-7 just want to let you know okay that's good that's why I thought you were headed I can let the record note that mr. Forrester recuses himself from this particular agenda item now Ms. Goff I'm sorry you can now we're on the blue sheet right now we're we're at pln 19-7 hamburg place mall unit 1 parcel a this is located at the corner of whoops you can see this plan here um okay this is located at pig pigeon and we have the private street alley sheba and man o' war this location right here this up front if they're coming in to change this into a bank you can see the revised plan here blow it up just a little bit they're they're leaving the structure but they're redeveloping a lot around it so they originally had a strong list of conditions and at the subdivision committee meeting they brought us revised plans so at the committee I told everybody I'd have revised conditions so So you can see they did a lot of cleanup, and they were able to reduce this down to 11 conditions. Still, we have a little bit of correction that needs to be done as far as to the vicinity map and the height of the building. And complete the information for out like six. We had the Firestone come through not too long ago, and they put that lot blank. So what we need to do is we just need to have that information put in here from that development plan. And so with that, other than just a few sign-offs, this plan can now be recommended for approval. Any questions for Ms. Gall? Okay, applicant. Yes, sir. Brian Smallwood with Wilpert Engineers, representing Bank of America. and basically just wanted to let everyone know we agree with all the conditions that are still stated on here and ask for your approval. Any questions? Okay, thank you. Anyone in the audience like to speak to this particular development plan? Okay, anyone on the commission? If not, we're ready for our motion. Mr. Forrester you're up here on the screen but you can't participate here so we need someone else to. Mr. Chair. Mr. Owens. I'll move for approval of Plan MJDP 19-7 Hamburg Place Mall Unit 1 Parcel 2A with the now 11 revised conditions. Okay Mr. Mike Owens moves. Ms. Carolyn Plumlee seconds that we approve PLN MJDP 19-7 Hamburg Place Mall Unit 1, Parcel 2A, Lot 7, with 11 conditions identified by staff. Any discussion on the motion? Please vote when it comes up on your screens. Okay, that motion carries. Thank you. Mr. Martin. Mr. Chairman, members of the Planning Commission. I'd like to direct your attention to page 8 of your agenda. At the top of the page, item J, this is a major development plan, 19-33, Meadow Oaks, also known as Ashford Oaks. This is unit 2 amended. This is an area in the expansion area of our community. This is a development that you recently, and I use that term lightly, but recently saw for a zone change. This is the Justice property. It is down Manowar in this location. Blackford Parkway is in this vicinity. and the crossing over I-75 is back down in this way. Winchester Road is at the top of this plan that you see before you. What's interesting about this is you can see this is a large overall development, and this area has been approved for single-family development, and it has been around for some time, and we've seen principally development in this rear section back in here with single families. When the zone change came through, they have a CC area designated here with an assisted living facility as well. And then they have independent living in this location and in these locations here. This is a large existing pond. It's an amenity and a very strong dominant feature for the entire development. Now, what's interesting about this, as you all are aware, preliminary plans in the expansion area do not need compliance statements. Those are provided to you at the time of a final development plan. So this plan came before the staff and they talked to us when they submitted it about what they intended to do here. And again, there's a greenway in this location, single family lots. This is a private gated street that serves here. Feliciana Lane is here, and it runs all the way through the development. It's intended to connect to this remnant piece of the justice property as well. Blackford Parkway is right down in this location, and there are homes that are built along the parkway here. Now, when the plan originally came through, townhouses and little cottages and both detached and attached units were proposed in this area. And this is still a preliminary development plan, preliminary subdivision plan area, as is this. What's interesting is the final development plan for Section 2 that you see before you today is this. a little cul-de-sac with 12 lots. It's a little small for what you're used to seeing in the expansion area when you get compliance statements. You're used to seeing much larger comprehensive developments. And that being said, this is part of the overall development, as you can see. It is an integral part of the development. And when staff reviewed this and this change, townhouses, as I said, had been aligned up and down this road, Feliciana Lane, And they came back, again, to amend this plan and request your approval of this cul-de-sac with 12 lots. Now, it's hard to see, but right down in here there's also a parking lot, and that is allowable in the zone. It's split through here, EAR1 and EAR2, residential, of course. and that parking lot is to provide additional parking for this lake and for the walking trails and the tennis courts. Again, this is a large amenity for the development. It was a little bit of a change, and along with that, the original plan that they submitted had changed the layout of the townhouses and the cottages and villas because they're proposing a mix of housing in this area, and they changed the layout. And the staff initially had concerns with that layout because of the spacing. This cul-de-sac was down here. It did not line up with Bob White Trail. And then they had some access easements and things proposed, and the spacing was problematic. It was going to require waivers, and there were issues. So they met with staff, and we discussed this. And they came back with the amended plan that you see before you today, the revision. They're lining it up, which again, that provides a full intersection at that point, which is much safer. They have also changed the townhouse and villa area here by bringing the access off of this private street. Before, they had connections and access easements proposed off of Feliciana Lane. And again, there were just multiple access points. The spacing was problematic. So they brought this plan in to address those issues that your planning staff and traffic engineering had with the spacing that they have proposed. So there's a couple of things going on here, not just the development plan. And you can see on your agenda that there are very few conditions. These are all principal sign-off conditions for this development plan because, as I stated, we're talking 12 single-family lots. and these lots will front on Feliciano Lane and these lots in the rear are going to front on the green space. So this cul-de-sac, which is proposed to be a public street, will provide, in essence, the rear access to these properties. So it will be rear to rear and you won't have the properties on the interior, front yards facing the backside of those homes that will front, again, on Feliciano Lane. So, there's one thing that is required of you today is that you find that this property, or this development plan, in essence, these 12 single family lots are in compliance with the EAMP. So we've passed out that report, and it is broken down into the future land use element, and certainly single-family homes, low-density development is very consistent with EAR1 and EAR2 recommendations in your expansion area plan. The design features are also an important aspect, and these design features aren't always just recommendations to your EMP. some of them have been carried over into the ordinance in these various zones for certain requirements. And staff, I want to be clear with you. We were a little concerned at first when they came in with this and just got rid of the townhouses and that alignment on Feliciano. Staff felt like that was a good definition along with the road in terms of defining neighborhoods. The EMP is very strong in that it likes well-defined neighborhoods, and yet it also proposes strong connections, both local streets, pedestrian facilities, as well as the greenways. It views as unifying elements and connections. Staff talked with the applicant about it and gave it some thought. And, again, they're encouraged to be innovative, if you want to use that particular term, and come up with a design that's important for them. And they decided that they wanted to build detached homes similar to what's being proposed here in this area. And they've picked up a few units, yes, by building this cul-de-sac. They're allowing them to be oriented to this area, the green space area. And the topography here is an issue. Again, there's a dam here and it's steep slope. And so the topography, they are connected to the existing trail system. They have a couple of connections to the existing trail system. So staff does believe that they are meeting the overall intent of the design features in the AMP, as well as the community design element. Again, it's important. These are 12 lots. and you have to kind of think about this really as an entire development. This is just a very small component in providing a consistent type of dwelling unit in the area, in the neighborhood. And again, there's a whole different array, a mix as it were. Besides the assisted living, they're proposing attached townhouses, duplexes, villas, cottages. So there is an array of housing being promoted in this particular development. The infrastructure element, and quite often when we make these presentations, you all are very aware the infrastructure element can be of paramount importance in the AMP. In this particular instance, there is no EAMP-identified infrastructure in this area. Blackford is an expansion area boulevard. It was required for the boulevard. It's an exactable feature. It's located down here off the development. The sewer system, as you all are aware, the regional pump station has been constructed off of Winchester Road. The trunk lines are in, so the sanitary sewer infrastructure does exist. This element, the pond, was identified as part of the overall stormwater system. And so it, of course, obviously exists. It's there. Off of this property towards Winchester Road, there are a couple of more recommended detention basins, and they happen to be exactable. There are no exactable features on this particular development, however. So, again, the infrastructure is in place to support this development, so they meet the EAMP in regards to the infrastructure requirements. So with that, your staff is recommending approval of a finding that this plan does meet the intent of the EAMP. We have one slight recommendation that they denote on the plan. And as I mentioned before, a lot of the EAMP recommendations found themselves in the zoning ordinance. I mean, literally under EAR1, EAR2, CC. They're in there. And this happens to be one of them. and that is there's a requirement that 50% of every front yard, residential front yard, be landscaped. We just want that denoted so that it doesn't kind of slip through the cracks because it is a zoning ordinance requirement. It's been done in other areas and it generally comes up and is a bigger item of discussion when we have apartments and assisted living facilities and that sort of thing come up as we did across Man of War on Polo Club. You may recall we discussed some of those issues with that development. So, again, staff is recommending that you do find that this plan is in compliance with the AMP. And there's another item, another white paper handout. This is a waiver request. And, again, this is appropriate at this time because they can build this cul-de-sac off of this plan. So they brought a waiver to you. And the reason, and I'm losing things somehow, is different. Yeah, this is it. I saw a close-up. Oh, there you go. As I mentioned to you before, when the applicant came in and met with staff, we were concerned about this alignment and getting a nice full intersection. They're always safer. That's very simple. You have a nice full intersection here. When they did that to meet staff's concerns, they created a bit of a situation relative to the topography and the alignment of this cul-de-sac. And so because of that, they're requesting a waiver to your subdivision regulations, and these are the physical geometrics of constructing a public street. and specifically they're requesting a waiver to increase the maximum tangent offset i wanted to say that have the maximum tangent offset within 100 feet of an intersecting gutter from 11.3 feet to 15 feet we're getting a little bit wider intersection that's what we're getting with if you approve this waiver and it is a waiver that's related again to their moving the cul-de-sac at staff's request and some topography issues that they have on the property and so staff with that is recommending approval of the waiver as well and I'll be happy to answer any questions you may have for staff. It's Monday. Tom I'm not nitpicking I'm missing something maybe you said there were 12 lots. I'm only counting 10. Oh, I'm sorry. There, yeah, there was 10. There was 12, I think, originally. There were 12 originally. Yeah. And with the realignment, they shifted and did 10 on this particular unit. Okay. Yeah. That was my question. Thank you for counting, because I had 12 in my head, and that's what I was running with. I was an accountant in another life. Good catch about Mr. Penn. Yes, Mr. Martin, so all of this highbrow language that you just threw at us, does that resolve number 12? On the development plan? Yes, sir. Actually, that relates, that's an excellent question. Thank you, Mr. Penn. That relates to this, which is a preliminary development plan and the fact that as they are bringing this up through here, we wanted to be sure that our public safety vehicles, fire and service vehicles, could get up in behind here and maneuver and turn around. So my question, does that do it? If you approve this plan, they're going to have to resolve it. It has nothing to do with the waiver. Okay. It's a separate, the cul-de-sac is the waiver. Okay. Yes, sir. Thank you. Any other questions for Mr. Martin? Okay, applicant. Mr. Wilson, before we move to Mr. Barrett, I would just note for the record that they have posted the required signage on the site and provided an affidavit for the record for that. Thank you. Thank you. With all that being said, I agree with the comments and I ask for approval. Please identify yourself for the record. Tony Barrett with Barrett Partners here on behalf of Meadowlokes. Any questions for Mr. Barrett? Well, good. Okay. Thank you. Anyone in the audience like to speak to this particular plan, a waiver, a request for waiver? Okay. If not, then we'll bring it back to the commission for our recommendation or motion. Ms. Plum? Oh, you? Okay, we're good. Ms. Mundy? Let me turn this on. Okay. We're looking at Plan MJDP 19-33 and I move for approval of PLN MJDP 19-33 with the 12 conditions as noted by staff and including the compliance report and the waiver. Okay do I have a second? Okay Mr. Penn beats to it but anyhow Miss Mundy has approved PLN and well Miss Mundy has approved Mr. Penn has seconded the motion that we approve PLN MJDP wait a minute let me get this straight here Ms. Mundy made the motion to approve and Mr. Penn seconded the motion to approve PLN MJDP 19-33 Meadow Oaks Unit 2 as amended with the 12 conditions identified by staff and additionally she is included in the motion the request for waiver for the internal street system for residential townhouses with the two conditions there identified by staff the waiver was not for the townhouses was not sir no it's for the cul-de-sac okay for the cul-de-sac they will have to resolve the internal circulation is what mr martin mentioned okay then i'll make that correction thank you to her a motion to request the waiver for the internal street system for the cul-de-sac for for the reasons identified by staff. And including the EAMP as well. Any other discussion? Not would you please vote when it comes up on your screens. Okay, motion carries. Thank you. Thank you. Okay, we're going to turn to page 8. We have a DP 2012-62 Victory Apostolic Church, Incorporated. This property is located off of Greendale Road. It's north of Citation, just right before the railroad tracks to go to Spur Road. This plan has a little bit of a detail. We had a church at one time that had the idea of building, and they went through and were approved by the Planning Commission and re-approved a couple times. The last time they were re-approved, April 9th of 2015, at that time there was a bur oak tree on the front of the property. Since then, that tree has now been taken down, and that's why when we review these conditions, When we look at condition number 25, denote protection area around Burr Oak Tree, we were asking for that to be removed. Here's a picture of currently, and this was taken in August of 2015. I spoke with the gentleman, the engineer, and they had purchased that between that time after it was approved. And they had come in and asked for reapproval April 12th of 2018. And he said the tree was gone at that time. So you can see this. because now we have a different church that's taken over this property and wanting to build a church for themselves. So while we delete this condition to denote tree protection area around Baroque, we need to, because it's no longer there, that condition needs to be removed. Now, if the committee has any questions about that. One quick question from the chair's position. are we requiring them or requesting from them to do additional planning that i believe would be up to you if you would like for them to do additional planning in other words we can add that condition in place of okay but i'll ask my colleagues here no you can't replace the tree i'm just saying could you do so any questions from my colleagues yes mr nickel i do have a question is there a fine associated with taking the tree down which we don't have that in the ordinance uh yeah i'm sorry mr berkeley mr nickel you finished yes okay i mean just what i hear you question i think it's a good one mr berkeley um how does that affect your tree canopy and all that do they still meet it um they'll still have to meet that as part of the requirements now Without that tree, I'm not sure if they do or not. It doesn't appear from the plan. They have a lot of trees along the rear of the property. They probably can meet it. I think staff's primary concern of bur oak is recognized as a significant tree. And it would be up to you all if you all would like for them to do additional canopy for the loss of this tree. We'll consider that. I just asked a question about whether we as a group could consider additional planning as such. That doesn't do any good for the tree itself, but that's just an option there. Any other questions for Ms. Gallup? Okay, let's hear from the applicant. Good afternoon, Mr. Chairman, members of the board. My name is Mark Eubank. I'm representing Renaissance Design Build. I'm actually one of the designers that worked on this project, did the drawings. I started on this drawing last year around October. From what I understood from some of the other previous designers that worked there, that the trees prior to us taking ownership of constructing the drawings were already removed. but we just kind of went off the format of if though the trees was there. On the photo, we noticed that it was like December 2018, and when I went on Google Earth this morning, it actually was showing it there. So I kind of see some of the conflict of what was going on. So what we did do was notate that on our drawings, and we didn't really think nothing of it. So I just asked if y'all would just approve and understand the misunderstanding on the project. Well, I have some thoughts, but I'll go to commission first if you all have any questions of the applicant. Mr. Penn has a question for you. You know, I don't want to get into who did what. Right. But it's funny to me, there's all those scrub trees over there and they decide to take the burrow down. yes sir you know that was probably the biggest best tree on the lot and all of a sudden it came down yes so I don't who took the tree down it doesn't matter but it matters to me that they would leave the scrub trees and take the one good tree down what I'm seeing right now you know are we begging forgiveness or asking permission here. Both. On our drawings we do illustrate that. We do show the tree protection on there if though the tree was there because again prior to us taking ownership we understood that the tree wasn't there but there was a tree there so we just notated it on our drawings. Ms. Plumlee? Thank you. I think that we should increase the canopy. Now, whether that's by putting another oak in that spot or whatever, but we need to increase the canopy in this area. I would suggest that we do that. I got a comment. Okay, just finish. Mr. Plummer, you... Okay, Mr. Berkley. Well, we're, I mean, everybody has said that it was cut down. Do we know that? Was it damaged? Did a storm blow it down? Do we know? So we're going to impose more conditions? There's a question. Ms. Plumlee? We don't know, but we do have the opportunity to increase the canopy. And we can't go back and turn those pages, but we can increase the canopy. And I don't think that is an ill-advised suggestion at this point. I just think that's where we are, that we need to increase the canopy. When you say increase the canopy, I apologize. I don't understand what you mean. According to certain zones, we have certain canopies. They're as low as 10%, up to 30%, 35%. Okay. So you would have to live, I don't know what percentage you have there now, but we could increase it to five or whatever just to rectify this situation. Now, I'm sorry that maybe you got caught in the wrong position with somebody else taking ill-advised action. But I think at this point, we need to increase the canopy. Okay. Mr. Nickel? I've got a question for the applicant. As I'm looking at the development plan, is there any benefit to the development plan for that bur oak tree not being there? It doesn't look like to me it affected entrance or egress. The bur oak that we're talking about is along Greendale, right there in the front. They had the sidewalk configured to go around that bur oak. That's the one that's missing. The reason I'm bringing that up is trying to think, was it a malicious act that allowed them to improve the property at a reduced cost? I don't know. We're in tree court here. My professional opinion, I don't think it was anything malicious to do to increase value. Because, again, if you, well, you probably can't see it, but in the very front entrance, that sidewalk is going a 30 degree around that tree. cost-wise with a sidewalk whether if it's going straight or at an angle it's pretty much pennies and nickels i don't think it benefits one way or another it could have been during the weather i don't know i'm not sure but i do not think that it was anything to bring a discount to the project any other questions from the commission Ms. Waite? I would just say regardless of whether the bur oak is there or not, obviously it's not now, but the tree canopy requirement in a residential zone is 30%. So the applicant would be required to plant enough trees. Usually those are large trees on their site to meet the 30% requirement. And there's the ability obviously on this site to do that, especially in the rear, to meet those requirements and there's a railroad behind them so that may be a nice opportunity to buffer themselves from the railroad as well mr. Berkeley what's our max required canopy 30% on any zone yes 30% is the max yes so yeah industrials they're already having to meet the max that we have in our cup. And I would add that a large tree counts as 750 square feet of the canopy. That's how that tree would have been measured in terms of its contribution is 750 square feet. I got a question for you. What is what percentage of the canopy requirement is being met now? Are they 40%? Where are we now according to the plan they have 1.7 acres of existing tree canopy they're required is 0.47. So, according to these numbers, they exceed the requirement. And that'll be verified by the urban forester as well. The reason for protecting that particular tree would be because it's listed as a significant tree in our ordinance. burr oaks are now the city tree so they are unique to the bluegrass or the area of kentucky so they're does intended for our community to be desirable to be maintained so that's why it was we requested that it be preserved mr owens thank you mr chair i'm going to probably kind of finish what mr nickel started a moment ago and that is you know we discuss trees often especially bur oak trees I didn't realize that there was a city tree now but we all know that one large one was preserved on the south end of town in a very nice manner we also know that some out in the neighborhood were not preserved and we're still got our hands tied we talk about it but we can't do anything if it if these things disappear I've got to take this gentleman and they have been at their word that they were not involved with it they knew nothing about it but somehow we need to have an end result other than just talking about it and saying oh my goodness when something like this happens otherwise they'll just keep disappearing mr uh oh uh i wanted to point out maybe i'm asking a question of the staff but looking at the drawing there's a 20-inch burrow noted and the drawing shows a sidewalk bending around it as if that's going to protect the tree and the reality is that's not going to do a thing to help that tree that if you're really going to protect that tree you have to stay outside the drip line which would mean that it would definitely have eaten into that parking area the whole parking area would probably not have been able to be put where it is so um so there was in fact a great incentive for them to lose that tree i just want to point that out um i guess the question i have for staff am i right in assuming that the tree protection uh zone would be uh that there would be an entity that would oversee that protection and that it would be done in the way that i'm describing or would they be allowed to run a sidewalk and a paving area right up underneath a tree like that the urban forester would review the construction plans and recommend best management practices and it would be likely that they would be allowed to run that sidewalk around that tree the rationale being that would impact part of the root zone and not all of it the way to really protect them as you have described is to have this body require a zone that matches the drip line which has been done in some cases around significant trees but other than that it's left up to review during the permitting process and best management practices the condition listed on this plan was the intent was to amend the development plan in some manner to provide for better protection so acknowledging that this didn't meet the drawing did not meet what the standard protection measures are which is to stay outside the drip line so we were a staff recommendation was to denote an appropriate tree protection area around that tree as opposed to what was shown at this point they they don't need to do that because the tree is gone so we don't need that condition but it would be up to the Commission if there's some other condition is it is it in our power to have a condition that they plant a tree of like kind in that location and make the correct provisions for the health of the future health of the tree yes yes sir thank you okay Miss Monday Okay, I'm looking at your design plan here. I guess it's your design build plan. And I'm seeing various trees noted on this. There's a 36-inch oak tree in the middle of a parking spot, I guess you would say. It looks lined off on here. So my feeling on that is you're looking at taking that 36-inch tree down? From what I understood, it was just for the bare oak. and if you look on the upper part you actually have like three other tree protections around those bare oaks not to take away from the parking lot. Okay well you've got an 18 inch maple noted on here that's up there in the front yard setback. Yes. And then you've got the 20 inch bur oak and then there's There's a 24-inch oak in the middle of the drive, in and out, ingress and egress. And then you've got a 36-inch oak over here. So you meet the canopy at this point, but when you start taking down these other trees, where are we going to be on the canopy? That's a good question. I'm not sure. Okay. Thank you. Mr. Nickel. My comment on this is along Mike's, the lines that Mike was going down. If this was not a malicious act and we think it was done by the previous owner and they've met, they've exceeded the 30% significantly, I'm fine with approving this. Thank you. Any other comments? Mr. Penn. You know, I can't argue with your logic at all because they meet the canopy. The thing that bothers me is we have created a situation here, and unbeknownst to you, we've created a situation here where cutting down burrow trees before the fact has become something that's, I won't say commonplace, but it's certainly not rare. and until we decide that those trees mean a lot of them are 400 years old they're a very slow growing tree and that's the kind of tree you want to keep in your development because they don't blow down very often and if they catch on fire you can put it out i've done that on my own so what i'm what i'm trying to say here is that we as a commission overall bur oak trees are a very rare commodity and we need to keep them if all possible so I'm not going to change a thing I think mr. Nichols is exactly right I think Mike is too you meet the tree canopy you got to do what you got to do so somewhere this Commission needs to send a message that if you can save a burrow tree you better save it yes sir thank you thank you yes mr. Patrick yeah to our French comments that's that's exactly right but with no teeth no penalty for doing so there's a moot point there is a recommendation that could be done but nothing to save this particular day today in fact I was talking with the staff earlier about the same thing I mean when people do these things intentionally or unintentionally how should the Commission respond here today we're kind of hung but one of the other thoughts that came to mind was that no tree can be moved until the development plan the final development plan is approved now that's not something we can enforce today but that's going forward we could set some regulations to some thoughts so that we could protect that that we wouldn't have these accidental removes as such until we see that final development plan but that's just a thought I don't know if there's a way unless the staff has any ideas about what we could do today other than react to what we have here yeah I don't think I'm not actually I think we've gotten off on a tangent and taking up too much time this gentleman's time but this is a real issue that we need to address either either as a planning commissioner or city council or whomever is appropriate. I agree. I agree. Mr. Plumley, I agree with you. Thank you. I guess staff, articles 18 and 26, how many of these trees are covered by those articles? Because they've got a diameter, base height and all that they go by that you can't remove those trees. It doesn't say you can't remove them. you shouldn't are you they're they're deemed significant and they should be protected to the greatest extent possible so in some cases development would not be possible if we protected every one of the significant trees on a site i'm thinking of a particular development that tom and i lived through in terms of the mobile home park that was redeveloped for student housing that had probably 20 significant trees on it and they maybe were able to to keep three so when you look at those situations yes are we happy they saved three absolutely but to allow for future development i don't know that we can save them all i would note in the comprehensive plan there is a desire to try to work with environmental services related to the canopy tree canopy study that they've done and their urban tree management plan to update the tree standards, protection standards. And the tree board, which I'm a member of, is also working on a heritage tree ordinance that I would think would apply to some of those champion trees we have around town and are in the county as well as the burr oaks. But at this point, I think any communication you all have, I can take back to the tree board to discuss the desire to either have fines or mitigation plans when significant trees are removed and we can work towards that end. Ms. Dawins. I don't mean to beat a dead horse or a dead tree in this situation but with what Karen was talking about and looking. I'm interior, not on the border property line. You know, there's eight trees that's actually larger than the one that we're talking about that's gone. You know, several of them have a tree protection circle around them. with what Karen was mentioning you know you've got three that's in the parking area that could come down we've already lost one that's four that means half of the what could be a significant tree since they're large you know we'd be losing that that raises concern and maybe it should have some time back but But, you know, that raises a concern to me. Do we know if they're significant? Do we know if they're healthy? You know, what's the determination on those? I know we've got a forestry guy that's supposed to be looking at these things and considering them. But, you know, I mean, we're talking about now three other trees that's going to be taken down that's larger than the one we're discussing. And it looks like all of them are oak trees. you know hopefully not bur oaks but yeah i you know i don't i hate to hold up this this application uh you know simply because we've got a new applicant involved and so forth and they seems like have inherited a mess uh but you know having had several bur oak trees on the farm in the past uh a burrow tree that comes down naturally people know about it yeah and it's around for a while and it doesn't just disappear simply put i'm ready to make a motion okay uh mr bould make a motion I move to re-approve the DP 2012-62 with the subject to the conditions previously approved on April 12th with the additional condition that the applicant plant a four inch caliper bur oak in a location to be agreed upon with the forester who will be overseeing the tree protection as required in the plan already okay mr brampool has moved mr healy bell has seconded the motion that we approve dp 2012-62 victoria apostolic church incorporated with the conditions identified by staff substitution of number 25 suggesting that the applicant plant a replacement burrow in conjunction with our urban foresters motion is okay you heard the motion any questions and discussions additional discussions on it got a question okay anybody have any idea what that cost I didn't want to be your issue. I didn't want to be the issue. I agree completely with Graham's objective. I'm wondering if it's feasible, though. Are we putting something on this gentleman that he can't? You can get them. Mike's about right. You can get that size tree? Yeah. For about $1,500. Yeah, but that's not your money. I don't know how much. It's your money. Can we ask the applicant if they agree to it? Yeah, we can ask the applicant how do you feel about this. I agree with Patrick. I'd rather ask the applicant if they agree to that before we start. That's a good point. He's making us pay for money. Well, we have to do what we have to do. If that's something that we would have to do to meet with the committee moving forward, then we would have to do that. Pastor. I hate to send a message through them, but you've got to send a message somewhere. could i suggest a potential amendment to my motion that might make it a little easier that the caliper of the tree be determined in cooperation with the forester and that the caliper be large enough to suggest the the likely health of the tree going forward that sounds that way if it's two inches is going to be so safe and and likely to be healthy then you're good with that yes sir and what about the uh the money situation we're fired with that okay let me just say in fairness to the applicant are we saying as a cap fifteen hundred dollars do you think that will cover it i mean what happens if it's the caliber of the tree caliber of the tree okay then the the caliber of the tree would take care of this financial situation you think? Okay. Okay then we will amend that motion then to suggest that we strike number 25 but add the fact that the caliber of the tree be determined and worked with in regards to our urban uh... forester to determine enough to maintain the health of the tree going forward. Is that... question on the revised motion yes um what about the sidewalk is the tree going to still be by the sidewalk i suggested that they be allowed to place the tree in a in the in the most uh expeditious location for the tree's health yeah that's fair enough okay any other discussion yes mr nickel um i just make i have a comment that i do think it's important for us to protect the trees that are on the development plan they're on there for a reason but I think we're getting out of bounds making these types of requirements so I'm gonna vote no okay thank you okay you've heard the motion the second has been made by mr. Bell would you please vote when it comes up on your screen the motion carries eight to three sir again we I don't know if you You understood everything that was going on here today with all this discussion. This is my first time. I'm taking it all in. I kind of got the impression. And I am not the licensed engineer. I'm the designer. I'm actually the person that does the drawings. And I like what you said in going forward. And I didn't mean to cut you off, Mr. Chairman. But I think that's something really important. And I will take that back to my office. So that way as we're moving forward doing developments, that would be something that's very notated and something that's discussed with the client. So thank you. No problem, because you just walked into a storm of activity that we have encountered before, and you just happened to be the sacrificial goat today. That's okay. It paid off. Thank you anyhow for your patience as we deliberated this. Thank you for your time. Thank you. Okay. Could I ask a question for you? Yes. Mr. Penn's got a question. In future times, I'm asking the staff this, when you know there's a tree problem, could we have the urban forester here to work with we asked him to attend today well I think we need to ask pretty strong on these kind of situations yeah thank you yeah follow up if I'm not mistaken I think we can require or subpoena people to be here if necessary I hope we don't have to go to that point but yeah I think they should be able to attend if if we're doing so I think they they're gonna be paid to and we're not. I couldn't resist this but we want the urban forest to attend without redaction. Mr. Chair, Mr. Chair I think those are good comments that that you all have made about that. That certainly will help us to make the case to have other staff here for these kinds of things so thank you. We noted his absence. Okay. Okay, moving staff items. I think you all have an informational item here right we do have an improvement plan for Hillemeyer property unit 3 West unit 3 and that is again just for informational purposes they're providing information about infrastructure as they're moving forward there's no action required anything else from the Commission this isn't where we've lost other for oak trees in the past is it no this hillamard no okay you're talking about the magnificent seven yeah that's it well before we get carried away with the uh holiday and the burrow trees anything else from the staff we got one more commission item we need to take care of we do want to give you all an update just looking ahead on the calendar next week we will have a planning commission work session at 1 30. Thursday the June 20th will be in the Phoenix building third floor we have a number of updates to give you some of them are transportation related and then the following week we'll have the ordinary zoning hearing and the 27th back in this room but then the the unusual event on the calendar is the committee day which the first week of July this year will be on Wednesday rather than Thursday because Thursday's Independence Day so committees will meet July 3rd in the Phoenix building subdivision 830 zoning at 1 30 regular time the only thing is one day earlier well one other thank you one of the final thing we got one of the final item to take care of we need three volunteers for our nominating committee and uh... uh... i've got three right here miss carolyn plumbly mr bruce nickel and bruce mr bruce uh... mister healy bell they will comprise a nominating committee let me give you a bit of instruction here what you're supposed to do courses to get all the offices and things together and give us a sleep rundown at the work session and then at the work session we can have further discussion about it and then it comes before the main body on July the 11th to be voted upon. It's the time for the changing of the guard, as they say. So thank you all for taking on this task, and hopefully you will have a report when we get back together again. Any other items to come before this body? If not, and without objection, thank you. Meeting is adjourned. you