Good to see you. Good to see you too, man. Do we have a quorum yet? No. No, we, Ms. Myers would not be here or Mr. Davis would not be here. So who's not present so I know who to fuss at? Graham. Graham. Graham. Wilson. Wilson won't be added once we get in. Anthony. Anthony. Where's Andy? Carolyn. Yep. Where is she? What does he do? He goes in off the public lane and then we add him. Yeah, he won't follow the panelists when we email him. So he comes in as an attendee and we have to move. Tom is facing the wall. He's in the corner. Oh, God. Hey, Tom. He's like, what I'm doing? Oh, he's muted right now too. I'll be right there. Oh, that's still funny. This may not be a bad thing. I don't want to start at the top. He is. Take your head no at him. Oh, now he's unmuted. Oh, now he's muted again. Oh, man. Oh, man, it's okay. There's Al. Help him. There you go. Oh, unmute. Yeah. You understand that. You got to know what you're looking for. Yeah. You're good. Hi, Anthony. Hello. How are you doing? Are you in the dungeon again? No, I just got the blinds closed. Okay. I had my eyes dilated last time. Yeah, that's what you told me. I'm good today. Right now we only have five. Are you kind of fine? Yep. Well, we're short. One, four, five. Well, we have our ten. We need six. We're four. Right. We can go turn it on. We know two are not coming. We should have eight today. Yeah, she has to do two. We're waiting on the third one to join. Yeah, I started talking to him about it. It's more frequently they expect. Somebody can contact him or tell him. I was telling him, look at that man. He didn't talk to me. So your eyes are... Don't say yes sir or no ma'am no matter what. The way he taught me was more human being. Even though... I just hate to see... I just hate to see... They didn't need to... You shouldn't go through... Scared of their parents? No. Oh, okay. Thank you. Thank you. Thank you. Lex TV folks, I'm about to hit broadcast. All righty. Good afternoon, everyone. Good afternoon, planning commission members. It is now 1.30 and we're here for the Urban County Planning Commission zoning items public hearing. We're going to call this meeting to order. First up, we have the, I want to read off the governor's piece that I need to do every meeting, which is due to the COVID-19 pandemic, state of emergency, and Governor Beshear's executive orders regarding social distancing. This meeting is being held via teleconference pursuant to Senate Bill 150, as signed by the governor on March 30th, 2020, and Attorney General Opinion 20-05. and in accordance with the IRS 61.826 because it is not feasible to offer a primary physical location for the meeting. Next up on the agenda item, we have an approval of minutes. We have three items here. I don't know if we can take them all in one vote, but do we have to take them all individually? Mr. Chairman, you can do a consensus. Okay, I would like to do a consensus for July 9th, July 16th, and July 23rd, 2020 meetings for the approval. Ms. Plumlee? Thank you. Move approval of July 9th, July 16th, July 23th, 2020 minutes. Thank you. We have a motion on the table. We have a second by Mr. Bell. Any discussion to that motion? All right. All in favor, raise your hand. Thank you. It's unanimous. Thank you. Next up, postponements and or withdrawals. Okay, Mr. Chair, we have a hand from Brandon Gross. Mr. Gross, you've been promoted to panelists. If you'd like to start your video and unmute. Sorry about that. When you said my name, all of a sudden it went, my screen went blank and it's, I'm back, I'm back now. Yes, this is for item number one on your agenda, page two, PLN. Oh, I'm sorry. I take that back. That is not item number one. It is on page three, which is a JBLLC PLN MAR 20-2. The applicant would like a postponement to your next public hearing on September 10th. now mr gross is there um the is there a reason you want to could you look at postponing it for one month instead of the two weeks just to well we're hoping to do do it for two weeks so that we can work out the issues maybe on spur road um but not have to wait a full month I did speak with Hal on Monday, and my understanding was that would not be an issue from staff. Well, Chairman. Okay, yes. The notice requirements can be met for two weeks. However, the September 10th agenda is quite full, whereas the September 24th agenda really just has one item scheduled currently. so in terms of managing our caseload it would probably be preferred to do it in late september versus september 10th yep did you hear that mr gross i did and of course i'll uh whatever the planning commission would prefer uh my apple my my client is more than happy to uh uh indulge another two weeks if that would make your lives easier. Yeah, I think it would, but I wanted to give you the courtesy of asking first. I think we can wait until the later date. Is that the 24th? Yes. Then we will request a postponement to the 24th. Okay. All right. Do we have any discussions to this postponement to the September 24th meeting? Any commission members? Mr. Penn will offer a motion. Mr. Chairman, I move for a postponement to September 24th for PLNMAR 22, Judy, LLC. All right. We've got a motion and a second from Ms. Plumlee. All in favor, raise your hand. Unanimous. Thank you. Mr. Gross? Thanks, everybody. I'll jump off here, but I will continue to watch. Thank you, sir. We move you back to attendee, Mr. Gross. All righty. Okay. That picks up on our agenda item. Page two. The final subdivision plan. We have PLN, excuse me, FRP-20-00035, Wilson subdivision. We do have revised recommendations. Should be in your Google Drive. Also, there's a finding for the waiver as well. Open it up for staff. Thank you, Mr. Chair. Am I on? Yep. I'm ready. Okay. Thank you, Mr. Chairman, members of the Planning Commission. And indeed, we are on final record plat 20-35, the Wilson subdivision. And this is before you today. There are two issues, important issues on this property. Now, this is a request to subdivide an existing lot in this location on the corner of Woodford Avenue and Versailles Road. Now, Woodford Avenue is on the north side of Versailles Road, just past Delmont, as you're going out of town, as you're heading west on Versailles Road. It is an older subdivision. Wilson Subdivision was actually platted in the 1920s, as were some other subdivisions that you are familiar with, such as Shady Lane and that area off Nicholsville Road. This one was outside of the city limits originally when it was platted. Now, the final record plat that you see before you today, as I pointed out, is a request to create lot number two at the rear of the property. Again, here's Versailles Road, Woodford Drive. There's an existing house on the lot that exists back in this location. It's about 60 feet off of Versailles Road. It matches the setbacks all along Versailles Road. And what we have here and what's interesting about this property, when it was created, they built two houses on the property. So there is an existing house that faces front on Bersales Road, and there's an existing house on proposed lot number two that fronts on Woodford Avenue and, in fact, has a sidewalk. Now, let's see, I believe. All right, there we go. There's a photograph. And again, this is the property in question. And you can see here's the existing house that fronts over Sales Road. There's a driveway off of Woodford that comes in here and then it serves a garage in this location. Here is the second house. Now, there's two issues, one the waiver, but the other issue that you see before you today is one that you see occasionally, and you've seen it recently, and that is these two dwelling units were legally constructed on one lot. So what you have before you today is a nonconforming use under the ordinance. And the ordinance does allow you to subdivide property such as this, where there's two legal dwelling units. The applicant has submitted information that does document the fact that these are two existing separate dwelling units. They have individual taps, sanitary sewer taps, and they have been separated and at separate utilities since they were originally built. So they have documented that staff satisfaction that this property can, in fact, be subdivided. Now, it's zoned R1C, and the parent tract is well over the minimum size of R1C, which is a minimum of 8,000 square feet with 60 feet of frontage. And when staff initially reviewed this, it could have been subdivided, and they could have created two R1C lots. However, again, because of the built environment, you have this large house, original house, you have this house and a garage. It created a situation for them to, in order to subdivide it, they were going to have to create a smaller lot in the rear encompassing the second dwelling unit, which is what they are proposing to do. and that again today. The waiver request, well first I will tell you that we did submit revised conditions. The applicant at the time it was postponed had not documented its non-conformity. They have submitted information to staff as I mentioned before. So we do have revised conditions. They're very standard conditions. One of them does relate to the requested waiver, and that also relates to the resolution items on the certifications on the plat. And again, that just reflects whether or not there are public improvements, and the waiver request addresses that. here I wanted you to see that this is the property we're talking about this is an old Sanborn map that clearly shows the house here we go here's the large house facing for sales there's the garage there's the other dwelling unit and these go back on our old Sanborn maps and you all heard me talk about how much I enjoy the Sanborn maps and this is documentation that Indeed, this lot was developed historically with two dwelling units on the property. There's the staff report. Now, as you all are aware, when you propose the subdivide property, the subdivision regulations apply. And in this case, it would have been curb, gutter, and sidewalk along the entire frontage along Woodford for this property. The applicant submitted a waiver request. And in that request, they have cited hardship as well as infill and redevelopment facilitation. And this is property in the infill and redevelopment area. the built environment as you saw with that with the two houses in close proximity with the garage also present a hardship in order for them to to subdivide the property meet the requirements and in addition to add full improvements along the frontage so in discussions with the applicant it's representative a proposal was made that oops I went the wrong way I'll go back to the picture thank you so in the discussion rather than build full improvements all the way through here and there are no improvements uh to speak of along Woodford and no sidewalk particularly, there is a remnant gutter. When Woodford was built back in the day, they did have gutter and they had curb and gutter along this side. They had curb, gutter, and sidewalk along this side. And that was not unusual for the time. Over time, due to repaving of Woodford, the curb has actually gotten shorter. but there is a remnant curb in this area. Now you can see in this photograph the gap right here and as I mentioned Woodford has a sidewalk all the way up through the first block of Woodford that has sidewalk on this side. This is a gap. It was proposed that rather than build full improvements along this side where we do have a curb It's no longer as large as it would be under normal standards, but we do have curve. And the sidewalk would exist, but again, it would stop and there would be a gap all the way back virtually close to Dunkirk Drive, which Woodford leads to and connects with is Dunkirk. So it was determined that it would be advantageous to build this section instead, fill in the gap. So we have a complete system along the east side of Woodford as it goes back to the next street intersection. The other aspect that staff discussed was the removal of the driveway, which is our understanding the applicant has already done. You can see how this is located here and how problematic that is being right in the intersection. And that is very much a significant safety issue. Well, it's staff's understanding that the driveway has now been removed. With that, which was a recommendation of staff, and with the agreement that they could fill in this gap, one other item that we discussed that we are recommending that this slight little area right here, that the curb gutter and sidewalk that exists on Mersales Road be curved right up through here where the driveway was so it matches this area. This will allow the government to come in and put in crosswalks with ADA compliant ramps. And as you're all aware, we've been doing that all over town. So that will be done eventually. They will be coming in, putting in a crosswalk and building handicapped accessible ramps up to the sidewalk. So staff is recommending approval of the waiver subject to construction of this sidewalk and then just closing this what was formerly the driveway entrance at this location. We are also recommending approval of the plat subject to the conditions that have been provided to you today and I will be happy to answer any questions you may have for staff. Okay, we do have one question so far. Mr. Penn. Tom, how do you build a sidewalk on somebody else's property? You have to get a you have to get a waiver from them. You have to buy the right away with the sidewalk. How do you how do you accomplish that? That's Mr. Penn. That's already in the right away. That's public right away. They'll be building the sidewalk in our right away. They'll just have to get an encroachment permit. Okay, thank you. Any other questions for Tom for the moment? I've seen any. Okay, I'll move over to the applicant. Mr. Chair, it looks like Richard Murphy is in attendance. Okay. Go ahead, Mr. Murphy. We're promoting you to panelist. You can go ahead and start your audio and video, please. Thank you very much. I'm Dick Murphy. I'm representing the applicant. Also, I think with me today is Chris Johnson, who is the owner of the property and Gary Roland of CAM surveying, who is the surveyor on this. we postponed this last two weeks ago because I just had gotten retained and had not gotten the waiver in but we agree with the staff recommendation and staff report we've been working on this and we think it makes a lot more sense to complete the sidewalk on the other side of Woodford because it is complete all the way from Versailles Road back to Glover Avenue which is the next block It's a long block, 800 feet, and has a sidewalk except for that portion in front of the church. Instead of doing a sidewalk on our side, which would empty out into grass, and people would have to either proceed through the grass of other people's yards, or they would have to cross Woodford Avenue mid-block. As far as permission, Chris Johnson, my client, has talked to the church across the street, and they are agreeable to him putting the sidewalk on there. It will be on right-of-way, but he has talked to the church, and they are fine with doing the sidewalk over there. And I did want to thank Jeff Neal and Vaughn Adkins. I've spoken to them about trying to have as simple a process as we can to do the curb up at the intersection of Versailles Road and Woodford Drive. As Tom mentioned, the applicant has already taken out that driveway, which goes into that intersection. So that part of it has been taken care of. I have one small request about a change in conditions. If you look at condition number nine, that's the one about postal service approval of a kiosk location or easement. I would just add, ask that you add the words if needed at the end of that, because I'm not sure it's going to be needed. This is an existing situation. two existing houses have been there at least 50 years. The Postal Service collecting mail there under their existing pattern. So I'm not sure they're going to need a kiosk. So I'd just like to add those two words. And I think that's all. I have a lot more information, but I think that's all I need to express at this point, unless you all have some questions about this. Mr. Murphy, I don't have any questions. If planning staff and planning staff and also the commission is okay with it, maybe we can strike out number nine completely. That'd be great. Okay. Staff would concur with that. Okay. All right. And before we move on. I noticed that the waiver report talks about Woodbridge Avenue, but it's really dry. So appreciate, we'll correct that in a minute. Okay. All right. All right. So thank you, Mr. Murphy. Right here. We'll see if there's any citizens out there at the moment that want to speak on behalf of this application. I don't see any hand stories, Mr. Chair. Okay. Hearing none, we'll bring it back to the commission. commission and there's any discussions yes sir mr wilson just for clarification for number nine are we striking it or simply adding uh the words that needed at the end which what are we doing we were striking it out okay striking it out completely yes sir yes sir okay yes sir mr pen i'd like to ask the staff or mr murphy either one by something about it needs to lot? This is this lot from one lot to two lots. Are we creating a non-conforming lot of the second lot? Well, the second lot will technically be non-conforming, and that's because we can't make it a lot bigger because the garage goes with the front house, not the back house. So we can't, we don't have a lot of freedom about where we put that lot line. But your ordinance allows you to do that. This was, this is the old, the ordinance we're going under is called the Zach Carter ordinance, because there was a man named Zach Carter years ago, who owned lots and lots of lots, and he just built houses all over him. And after he died, the state tried to sell them to the people who are living in the houses. And they couldn't do it because they were creating nonconforming lots. So this ordinance was passed, which actually allows you to subdivide nonconforming lots and leave them nonconforming as long as they can demonstrate that they've been separately used with separate utilities and all that sort of thing. I didn't know that the garage went with the front house. I thought maybe you can make it a conforming lot by letting the garage go with the back house. It's going with the front house, yeah. Any additional questions? Any commission members? I'm hearing none. We'll close it out and look for a motion. Mr. Wilson? Mr. Chairman, I move for approval of PLN FRP 20-35 Wilson subdivision with the now 13 conditions provided by staff. We're striking number nine. Okay, we have a motion. We have a second. Second by Mr. DeMovilland. Any discussion to that motion? I see anything. All in favor, use your hand. All right. It's unanimous. Okay. Mr. Wilson. I move approval for the waiver with findings and also with the provisions provided by staff. All right. We have a motion and a second by Mr. DeMovillen. Any discussion? Hearing, seeing none. All in favor, raise your hand. It's unanimous. Thank you. Thank you all very much. Thank you. All right. I am on page four under commission items. And we have two commission items, but first up is the public facility review, the University of Kentucky Child Care. I'll open it up for a second. Thank you, Chairman Forrester. I will pull up my presentation so that the Planning Commission can see where we are talking from today. This is a public facility review. Any commission is charged with reviewing public facilities that are basically exempt from the voting ordinance. But when they make these public institutions or other governmental agencies, when they make changes to their land use or even sell property, the planning commission is supposed to consider whether their proposal is in agreement with the comprehensive plan. So in this case, the University of Kentucky has submitted a letter indicating that they are proposing a child care center and wanted the planning commission then to review it in terms of a public facility review. So this is the third public facility review this year we've had. The property is located at 1530 Nicholasville Road and the University of Kentucky is proposing to reuse an existing commercial structure which formerly housed the senior center for LFUCD and they're proposing to use that as a child care center for the exclusive use of the University of Kentucky employees to support their faculty, staff and employees during the duration of non traditional instruction and virtual learning. Location shown here is a zoning map. It's 1530 Nicholasville Road and as I mentioned it's the former senior center for LFUCG. The property has frontage along both Nicholasville Road as well as Alumni Drive and the access to the lot is from primarily from Alumni Drive via a right in right out access point but there's also access from University Drive and I'll show you in the aerial how that's a little more obvious. Most of the university campus is actually still zoned in an agricultural urban zone so this lot remains in an AU zone as well as you can see when we move forward here the aerial. Much of the sporting complex or the athletic fields that the university has remained in an AU zone as well. Again the subject property there at Nicholasville and Alumni Drive in the northeast corner of that intersection and the existing structure sits there a ways back from the right-of-way of Nicholasville Road and there was previously a previous sorry did it not move? I didn't. Is everyone seeing the aerial? Yeah, you did. Brown. I think it's in there. Blue six. What number is 1530. Mine moved forward. We're still seeing you a PowerPoint before you presented it. Oh, okay. I'm going to stop sharing. Today can be two different ones. ones. Okay. So there's the zoning map. I cannot move forward. Hal's coming to help. I'll stop sharing. Please stop sharing. I can do this one if you try. Go that one. Go down to your... Okay. I'm going to change it. Stephanie, can you call us the power thing for Tracy? Ms. Cunningham is going to pull up the PowerPoint presentation on the main computer and we'll use that instead of the laptop. It's only the PDF, that's okay. It doesn't have any motion. That was the right one, Stephanie. I closed it. I'm going to download. I'm trying to. Left one. Yeah. That's it. That's it. That's it. Go ahead. Yeah, that's it. Okay. Can you go to slide four? Yeah. Can you go to slide four? I don't know. thank you so the aerial photograph here shows the existing structure which was formerly the senior center and then since about 2018 there's been an expansion of parking in this general vicinity University and they call that the orange lot. So there was formerly a parking lot just geared towards the senior center and that was removed and the orange lot was built and then expanded onto the subject property. So it does remain its own parcel. There was also used to be a drop-off in the front from alumni and that's been removed. Can you zoom in a little bit on the next slide? You can see the right in right out from alumni drive is available into the existing parking lot and then further access is available from University Drive through the rest of that large orange plot from the University. So the applicant or the University of Kentucky is proposing to reuse the existing structure for childcare for school-aged children, that is five to 12-year-old elementary-aged kids who can't stay home alone while the pandemic is going on. That allows for their employees, and especially their essential employees, to come to the university and to UK healthcare and provide services to the community in the region. And then they know that their children are cared for at this facility. Earlier this year, the university had partnered with the YMCA and utilized child care for their essential employees at the YMCA. As the YMCA has moved back to allowing people to visit their facilities, they don't have as much room to provide the child care. and therefore the university moved to having their own location for just for their employees. They continue to have a partnership with the YMCA. So although it's on UK property and exclusively for UK employees, it will be operated through a contract by the YMCA. Initially, they're proposing to have 100 children at the facility and to allow for the children to be there from just weekdays from 7 to 6 p.m. There's no specific construction or addition to the existing structure. The only thing that they have changed, Steph can you move to the next slide. They've done a little bit of remodeling inside the structure since they acquired it in terms of updating flooring and materials and then remodeling or modifying the restrooms and adding internet access ports for additional computer usage during the virtual learning and NTI at this facility. The only other change they've made to the site is dedicating the spaces, parking spaces closest to the building for pickup and drop-off for children. So those are the only physical changes that this in this case on the outside of the structure is the parking. So the question about whether or not this proposed project agrees with the comprehensive plan, the staff concluded that it did in terms of a few of the goals and objectives of the comprehensive plan. There aren't any goals and objectives or policies specific to child care, but there are several that are specific to schools. And since we aren't having, for the most part, in-person classes or schools being open, this child care center is in support of school, right? And then it's also, in this case, in support of health care because a great number of the university's employees that are essential and that need this, they can't work from home, need this service, are in the health care industry. So this does incorporate community focused educational institutions into the neighborhood. It provides for access both pedestrian including multimodal access from Nicholasville Road and Alumni Drive at this location. And it does also allow for a variety of jobs. And in this case, the people employed at this childcare facility are then allowing other employees to be able to continue to work during the pandemic. We also found that it upheld the urban service area concept by providing for the adaptive reuse of utilization of an existing structure that had been left vacant since the university purchased it. They had remodeled the building but not actually used it until now, until they proposed to use it now. In addition, community facilities in general in the community help to support and create a thriving community. So sometimes these are things that are overlooked in terms of the necessary component for a community to succeed. But in this case, the education, healthcare are important facets for our long-term viability as a community. And in this case, it's during obviously the COVID-19 pandemic. And so schools are not able to be open in session for the most part. And so this allows for the university to support their employees and then in turn their employees, especially in terms of healthcare, to support the community as a whole. In addition, we did look at what place type and what development type this might include and stuff. We found that this location fell within the corridor place type and was one of the non-residential mixed use development types. When we looked at the development criteria, really the existing development there meets a majority of the development criteria. Sidewalks are in place, parking is not oriented to the front, it's to the rear. there's shared parking in this large orange lot they provided for pickup and drop-off locations and they're reusing a viable existing structure so those are some of the important aspects when we looked at the development criteria in general the child care and school does provide for a higher quality of life and again that's in support of the comprehensive plan and allows for UK to to meet those both education and healthcare needs of the community. This change of use of an existing commercial structure will serve the needs of one of the community's largest employers. And obviously the COVID-19 pandemic has introduced challenges for everyday life, including the provision of childcare and support for our school age children, since they cannot be within the physical presence of their teachers. So for this reason, university is developing a support system for its employees so they can continue to provide services for the community. So the staff found that the center does support the themes, goals, and objectives of the comprehensive plan. We did make one recommendation and that is that the university should the healthcare facility or child care facility remain at this location for a year or longer, that they install a playground and that's generally a requirement for our child care centers in the community via the zoning ordinance and so the staff suggests that they that the university also establish a playground if in fact they need to have this facility on site for a longer period of time than a year Okay thank you Tris. Any questions? Tris, we don't have to take a vote on this. No, no. It's just more of information. Right. PFRs are generally meant just so the Planning Commission knows what is changing. You know sometimes there are larger traffic impacts associated with a PFR. I think that's a good idea for you Kate, for sure. So we've made that recommendation related to the playground, and the general counsel will take it to the necessary individuals within the university to see if they'll do that. They didn't indicate to us yet that they were going to or not, but we did share that. All right. Hopefully they won't need to be there a year. So we have one more commission item. It's the initiation of the zoning ordinance text amendment. Yes. So last week we discussed tenant houses at our work session. And the staff had, I guess presumed is the best word, that the council initiated the text amendment. In fact, they referred it to the Planning Commission for consideration. So we do need the Planning Commission to take action to officially initiate a text amendment for tenant homes in the agricultural zones. That if initiated today, then we would be on schedule to have a September 24th public hearing. Okay, so we need a motion to that fact. Yes, Mr. Penn. I move that the planning commission initiate his zoning ordinance text amendment as we reviewed in our session last Thursday. We have a motion on the table. We have a second. Second, Ms. Plumlee. All in favor, raise your hand. Unanimous, thank you. All right. I'm not seeing any other items. the staff has anything they would like to tell us. That's really, yeah. Thank you, Mr. Chair. Tracy could cover it as well. We appreciate you all being here today. We do remind you that you'll pick up your business again a week from today with committees on September 3rd, subdivision of the morning, zoning in the afternoon. So we'll look forward to seeing you all again then. All right, thank you. Any commission members have anything they would like to say? Talk about? Mr. Wilson? Nope. I'm comfortable. Each time you do that, you seem like you want to speak, so I'm just checking. Oh, no. I just shifted positions. That's all. Thank you. Well, good. Well, meeting's adjourned. Thank you, everyone. Thank you. This is a record for blue. Hey, I'm going to get out of here right now.