I'm so happy to be stuck with you. Yes, it's true. Yes, it's true. I'm so happy to be stuck with you. I can see. I can see. That you're happy to be stuck with me. Yes, it's true. I'm so happy to be stuck with you. I'm happy to be stuck with you Happy to be stuck with you Yes, it's true All of me Why not take all of me Can't you see I'm no good without you Take my lips I wanna lose them Take my arms I'll never use them Your goodbye Left me with eyes that cry How can I go on dear without you You took the part that once was my heart So why not take all of me All of me Why not take all of me Can't you see I'm no good without you Take my lips I wanna lose them Take my arms I'll never use them Your goodbye Left me with eyes that cry How can I go on, dear, without you? You took the part that once was my heart So why not take all of me? Don't go breaking my heart And I'm breaking my heart You take the weight off of me Oh honey, when you knock on my door Oh, I gave you my key Ooh, ooh Nobody knows it When I was down I was your crown Ooh, ooh Nobody knows it, nobody knows it Right from the start, I give you my heart Oh, oh, I give you my heart So don't go breakin' my heart I won't go breakin' your heart Don't go breakin' my heart Nobody told us Cause nobody showed us Now it's up to us, baby Oh, I think we can make it So don't misunderstand You put the light in my life Oh, you put the spark to the flame I got your heart in my side Ooh, ooh, nobody knows it But when I was down, I was your clown Ooh, ooh, nobody knows it Nobody knows Oh, see, but right from the start, I'll give you my heart. Oh, I'll give you my heart. Don't go breakin' my heart. I won't go breakin' your heart. Don't go breakin' my heart. I'm out. I'll give you my heart I want a break in your heart Here I am alone again tonight In this old empty house It's hard to learn what you don't think you need You can't live without Never leave the sound of the telephone But ever since you left I've been gone Gone crazy, going out of my mind I've asked myself the reasons at least a thousand times Going up and down this hallway, trying to leave the pain behind Ever since you left, I've been gone I never saw your face this many times When you were really here The things you said I never understood Now crystal clear I've never spent this much time at home Ever since you left I've been gone Gone crazy Going out of my mind I've asked myself the reasons at least a thousand times. Going up and down this hallway, trying to leave the pain behind. Ever since you left, I've been gone. Gone crazy, going out of my mind. I've asked myself the reasons at least a thousand times Going up and down this hallway, trying to leave the pain behind Ever since you left me, I've been gone I've been gone I've been gone I've been gone Gone Gone I've been gone Thank you. 1131, November 19, 2020. Welcome to the Urban County Planning Commission Zoning Items Public Hearing. I'm going to call this meeting to order. Now, first up, I want to read the governor's statement. Due to the COVID-19 pandemic, state of the emergency of Governor Rashear's executive orders regarding social distancing. This meeting is held via teleconference pursuant to Senate Bill 150, signed by the governor on March 30th, 2020, and Attorney General Opinion 20-05, and in accordance with KRS 61.826, because it is not feasible to offer a physical location for this further meeting. Next up on the agenda items, number two, the approval of minutes. We have minutes for September 10th and September 24th of 2020. If there's any changes to those minutes, please raise your hand. Let me know if hearing none, I would take a motion for the approval of minutes. Mr. Chair, Mr. Wilson is currently raising his hand to be promoted to a panelist. Before you make the movement, you might want to bring him on in. Yes. I think you just made an extra person a panelist. Thank you. I'm on now. Hey Bill, how you doing? I'm doing okay. Okay, we were just discussing we're on agenda item two, approval of the minutes from September 10th, 24th. So we'll stop there. Thank you, Mr. Chair. Move approval of September 10th and September 24 minutes. Okay, we have a motion, we have a second. Second. Second, Mr. Pohl. Any discussion to that motion? Seeing none, all in favor, please raise your hand. All right, Mr. Boxdale, I can't see your hand. I'm pretty sure you said yes, but I couldn't see your hand. I didn't know if I should say anything. I just joined. Okay, we will. I mean, I would. We're voting on the minutes. Yeah, you're fine. You're for the minutes. So it will be unanimous. Thank you. We don't have any postponements or withdrawals. So we're going to move down to zoning items. You're on phase two of the agenda. We have PLN MAR-20-13 staff. Normally, Mr. Chair, we would go through the agenda and identify items that can be abbreviated just so the staff is aware of which cases can get a shorter presentation. Okay. leave today. The first item on our agenda, J.N. Harrisburg, LLC map amendment request from Essington and Essington Track 1, qualify. If there's no one in the audience who wishes to have this item, have a poll hearing. So we'd ask today if there's anyone present in the audience who wishes to have the property located at 4235 Harrisburg Road, a portion now available as a full hearing. Do you have a warm raise? Let's see if Seth O'Donnell has raised her hand. We'll allow her to speak and see if she is here to speak on that. Am I supposed to speak now? I'm sorry. I can't hear very well. Okay. are you speaking on the Havisburg Road LLC application? Yes, the one near the South Elkhorn Church. Yes. Yeah, okay. So should I go ahead now? No, Ms. O'Donnell, what we'll do is ask that Mr. Bailey and Mr. Martin do a full presentation of the zone change and development plan for this item. I'm sorry, not Mr. Martin, Ms. Hedge today. So they'll address that. And then you'll have an opportunity after the applicant presents to make comments. Okay, so I guess someone will sort of cue me when I should talk. Yes, I will do that for you, Mr. Donald, if that's okay. Thank you. Thank you. You're welcome. Okay, so since both cases will need a full hearing today, We'll start with the first one. Okay. Thank you. No, thank you for doing that. So we will start off on the 10 item, phase two, number one, eight, staff. Thank you very much, Mr. Chair, and welcome members of the Planning Commission. I'm going to go ahead and share my screen right now. This is the application PLN MAR 20-00013 JN Harrodsburg LLC. The applicant is seeking a zone change from the agricultural urban AU zone to the neighborhood business B1 zone and the townhouse residential R1T zone for some very small portions of property. For the B1 zone change, they are seeking to change that from, and excuse me, I just need to minimize some things on my screen, seeking to change it for a net of 0.241 net and a gross of 0.759 acres. For the AU to R1T, they are seeking the zone change for 0.002 net and 0.019 gross acres for a total of 0.243 net and 0.778 gross acres for the portion of 4235 Harrodsburg Road. This is a very, very small rezoning that has already been consolidated with the parent property, 4235 Harrodsburg Road. The consolidation has left a split zone property in which there are different types of zoning on the same lot. The development is proposing to match the existing zoning on site, which will include a commercial development and townhome development. The land proposed for the inclusion in the commercial development will be part of lot one. A restaurant with an accessory drive-through facility is planned for that lot. The parcel that is proposed for the inclusion in the townhome development will be green space and or part of a detention basin. Looking at the area of the rezoning, you can see that we are located, and bear with me while I pull up my annotate tool. We are located along Harrodsburg Road on the western portion of the road. You can see that there is a host of different zoning around here, including the AU portion of the property over here, which is the church. R1D single family detached zoning back into the neighborhood. R1T proposed to buffer between the commercial B1 zoning and the detached single family zoning. And then across the street, we have some apartments, R3 and R4 zoning, which are our planned neighborhood residential zoning and our high-density apartment zoning. Jumping into the property just a little bit more, you get an idea of how small this portion of land is. It's this tiny portion here, including the right-of-way. The right-of-way is brought in just for the continuity's sake and to make sure that we are covering every parcel of our land with zoning. The portion of land is best reviewed with the aerial photography. This portion of the property was created, was actually at one point part of the church property. The remnant pieces over on this side that were later consolidated and are the subject of the rezoning were created due to the expansion of Madrone Way, connecting over to Herodsburg Road and intersecting with Igby Mill Road. This expansion of Madrone Way was actually a collaborative process between the state and the city due to the fact that Old Higby Mill Road is a old state highway. This created these remnant portions, which were then sold to the applicant and subsequently consolidated. With an application like this, we often see different types of justification. The gold standard for any type of application for a zone change is agreement with a comprehensive plan. And I will talk about that a little bit more after we get a view of the site itself. This is the site Madrone Way going into the neighborhood back towards those single family detached homes back here. A look into the site where the commercial area is being proposed. and then a look down Madrone Way to Harrodsburg Road and its intersection with Old Higney Mill Road. You can see this is a nice big roadway that will end at a signalized intersection to allow for controlled access to and from the neighborhood and this proposed shopping center. With any type of zone change, it is necessary to look at the three forms of justification. The first being that the legislative body, planning commission, or a fiscal court must find that the MAP amendment is in agreement with an adopted comprehensive plan, or in the absence of such a finding, that one or more of the following shall apply, and such findings shall be recorded in the minutes and records of the planning commission or legislative body or fiscal court. This is within KRS 100-213. I bring this up because of the small size of this lot and because of the layout, the applicant decided not to show agreement with the comprehensive plan. Staff rejects part of the applicant's argument in this case. The applicant, in fact, says that they have three options negating the fact that they must start with a conversation of the comprehensive plan. Within the staff report, the staff really lays out the ways that a letter of justification should lay out an argument for a zone change application. In the absence of such a finding with the comprehensive plan, then the applicant can go on and make an argument based off of two other options. That is, the existing zoning classification given for the property is inappropriate and that the proposed zoning classification is appropriate. This is a twofold argument. You have to make that inappropriateness argument and then take it to an appropriateness argument. And furthermore, that there have been major changes of an economic, physical, or social nature within the area involved which were not anticipated by the adoptive comprehensive plan and which have substantially altered the basic character of such an area. This actual justification is not applicable in this state, or not applicable in this application, I'm sorry. That is largely due to the fact that the realignment of Madrone Way was planned for and executed prior to the establishment of the 2018 Comprehensive Plan, which currently governs the land. So that goes back to the conversation of if they cannot meet the comprehensive plan, they must give a justification as to the inappropriateness of the current zoning and the appropriateness of the proposed zoning. In this case, the applicant did not provide sufficient information regarding how they did not or could not meet the comprehensive plan's goals and objectives, policies, or development criteria for the 2018 comprehensive plan. As these portions of land are the uneconomic remnants associated with the construction of Madrone Way, and due to the incredibly small size of the agricultural rural AU zone portions of land, staff could not find that the zone change request was in agreement with the 2018 Comprehensive Plan. That kicks us into our other forms of justification. The existing agricultural urban AU zoning is inappropriate for the subject property for the following reasons. The subject property is too small and oddly shaped for feasible agricultural use, and Madrone Way separates the property from the remaining AU-zoned land in the vicinity. For the subject property to be utilized for those uses permitted within the AU zone, the applicant would need to apply for variances and waivers to allow for any use to occur on site. That is particularly important because when we see a whole lot of waivers and a whole lot of variances, there is often the possibility that the zone is inappropriate at that time. Furthermore, the subject property has available public facilities and services adequate to serve the urban users. This is particularly important for the AU zone. The AU zone has an intent that states that it is a holding zone. is a holding zone for those proper facilities to come to the property. At that point in time, it is appropriate for a new zone to be proposed for that area. Finally, the proposed neighborhood business B1 and townhouse residential R1T zones are appropriate for the subject property for the following reasons. The proposed zoning is compatible with the surrounding land uses and zoning at this location. The proposed zoning allows for the full utilization of the neighborhoods supporting commercial uses. And the subject property is located within the urban service area and is currently supported by urban services, including the transportation network and sewer services. This all comes down to the approval and certification of PLN MJDP 20-66, Ethington and Ethington Track 1, prior to the forwarding of this recommendation to the Urban County Council. With that, I'm happy to answer any questions anyone from the Planning Commission might have regarding this application before turning it over to Ms. Hedge for the review of the development plan. Does any planning member have any questions for Hal at this time? Not seeing them. Okay. All right. Thank you very much. I'll hand it over to Ms. Hedge. thank you okay thank you Hal so this is the plan associated with this zone change is MJDP-20-66 Ethington and Ethington tract one and the purpose of the amendment for this plan is just revising the building sizes the lot layouts and the vehicular circulation for lots one through four, and then modify the number of units and layout within the R1T zone. And that modification is very slight. As Hal has already stated, this zone change will allow the building on lot one to have a drive-through in this area. And as far as the conditions go, the first condition, obviously this plan is, the approval of this plan is dependent upon the urban county council rezoning the property to B1 and R1T. And then we have just some of our standard sign-offs in conditions number two through five. And then our last two items are just some cleanup conditions. Note number 22 on the plan references a BOA variance that was approved and that just that setback that was approved by the BOA needs to be denoted on lots two through four on the plan and then the existing and proposed zone lines also need to be denoted on the plan. And with that I'll open it up to the Commission for any questions. Any questions? Okay all right. All right if I May, I do have one correction to make. Within your staff report and on the findings that you can see within your agenda, there is a reference to agricultural rural AU zone. I would just like to make sure that with any motion that is made with the finding, it should say agricultural urban AU zone. So if you can make that reference as you are making any findings going into the future, staff would appreciate it. Thank you, Hal. I'm not seeing any questions. We will now open the floor up for the applicant. Okay. And Matt Carter, Vision Engineering. Okay, Mr. Gross. I think you're on mute. No. I can read your lips. I can't hear you. No, sir. I know. Matt. Mr. Carter might have to make the presentation. Matt, can you hear us? Yeah, I hear you. Okay, thank you. We've reviewed the conditions of the zone change and the conditions on the development plan, and we are in agreement with those and just ask for your approval. Okay. Mr. Gross, could you unplug your headset? Would that help? Or is that your only microphone? I don't want to. there we go now we can okay yeah i don't know what was going on with uh with that i apologize i'm brandon gross i'm here on behalf and yes i'm in agreement with mr carter and what he so eloquently said before me. And I'm here to answer any questions. And of course, we'll be here to respond to Ms. O'Donnell's comments. Okay, thank you. Any other commission members have any questions for the applicant at this moment? I'm not seeing any. Now Ms. O'Donnell, Beth, if you're still there, we're going to ask for you to ask your question if we can get that addressed can you hear me yes i can oh okay good thank you for letting me speak my name is beth o'donnell i live at 4340 gum tree lane which you could see clearly on the map that was part of the presentation of the staff. So from my second floor window, I can see the area in question. And I realized that from what the staff presentation said, that to some extent, this is considered a de minimis addition to the changes that have already been made along herdsburg road uh from the intersection of man of war uh but i i want to address it anyway because it's just another in my view specifically a diminishment of quality of life and value of home here in our subdivision uh blighting the landscape increasing traffic disruption of runoff patterns, degrading of air quality. And I think generically, there's a couple of aspects that this particular application is representative of. And that is that the economic reason for development of this kind is somewhat opaque at this point in our economy in the United States and locally, in that we see a lot of expansion that gets through the destruction phase. And then there's a long lapse of time before any sort of finished product comes into view because of the difficulties associated with the economy at this point in time. And I don't know to what extent that plays into an evaluation of the entire area's development. Finally, I would like to address the comprehensive plan. And I think it has some deficiencies which allow development that is not always mindfully considered. And it seems like that the weighting of what elements to consider in okaying developments like those represented along Harrodsberg Road there may weight the bottom line of developers more heavily than other considerations, which I think as time goes on and as their society becomes more sensitive to the needs of the environment and the respect for our landscape would, in the future, I hope, allow for a greater weighting of such things as environmental impact as part of the profit and loss consideration. and the development of already existing land, which is within the city limits, but has not been repurposed in a creative way. And instead we just keep expanding out kind of without thought. And so I hope that this is something that in the future gets taken into consideration. And finally, something that's dear to my heart and probably the heart of many of those listening to me now is the bluegrass landscape itself, which is, as you know, unique on the whole globe. And I think we need to consider that blessing that we have in our lives and in the quality of our lives with greater respect in considering that we not completely gobble up all of that beautiful land without due consideration of whether we're actually going to completely destroy it. So that's what I have to say today. And I don't know to what extent those who hear my voice today might be moved by what I say. But I hope that these considerations get greater weight going forward. Thank you for letting me speak. You're welcome. Thank you for your statement and your comments about Lexington as a whole. Staff, I'm not sure if you want to rebuttal to that. I don't think we have to, but just out of courtesy, I wanted to ask. Would you like the applicant to go really quickly? Yes. Thank you, Mr. Chair. Yeah, I think that the concerns that are raised are global in nature, and I think the of plan has done a lot to address a lot of those issues in this particular instance due to the small nature of the zone change and the appropriate argument. You know, the confidence of plan while in the background isn't fully addressed in this particular application, but that was really addressed during the initial rezoning that occurred a few years ago in which this development was actually proposed. Right now, what we're really doing is some cleanup items to allow the continuation and the finishing of the development that this point has already kind of moved forward. So, of course, I'm here to answer any specific questions from the commission at this time. Thank you. Staff? Staff would just say that our newest comprehensive plan has really sought to deal with some of those elements that were described by Ms. O'Donnell. And we are always looking for individuals within our community that are hoping to spirit along some of the goals, objectives, policies, and development criteria that are outlined within the comprehensive plan, getting them ingrained in some of our zoning ordinances. Thank you. Thank you. applicant. Any commission members have any questions for the applicant at this time? I'm not seeing any. All right, we will. Oh, Mr. Poe, see your hand. Yeah, I don't have any questions. I have a comment. I felt like Beth O'Donnell was preaching to the choir for me. I agree with Mr. Gross that this is a pretty cut and dried application and that Ms. O'Donnell's comments were more applicable to the zoning that took place several years ago. But I just wanted to encourage her to continue to try to participate and to speak up about the sorts of sort of sensibility that she was articulating because I think it's really valuable and I think it will help our process to hear that on a regular basis. Thank you, Mr. Paul. Thank you. I think, Ms. Donald, if you're still out there, again, we thank you for your comments. And we will continue on with this application on the table. Close this part of the session out and bring it back to commission members for any further questions, statements, or a motion. Mr. Chairman, you ready for a moment? Okay. Mr. Penn? I move for approval of PLN MAR 211. That is a reason divided by staff, directing the courts of the small agriculture rules. Okay, we have a motion. We have a second to that motion. Second. Seconded by Mr. Pohl. Any further discussion? I see any all in favor please raise your hand okay you know development plan Okay. We have a motion. Do we have a second? Is that a motion? Mr. Cole? Thank you. Any personal discussion? Seeing none. All in favor, please raise your hand. Okay, unanimous. Thank you. Motion passes. Thank you. Thank you. Any personal discussion? Seeing none. All in favor, please raise your hand. Okay, unanimous. Thank you. Motion passes. Thank you, African. Thank you very much. Hope everyone has a great Thanksgiving. I'll be sticking around for the next case, too. All right. Next up on the agenda item, we're on page three. and PLN MAR-20-00014. Staff? Thank you very much, Mr. Chair. I'm going to go ahead and share my screen. Okay, and members of the Planning Commission, we will actually have three presentations on that, on this application. Myself representing the zone change, Mr. Martin representing the major Development Plan, and Mr. Jimmy Emmons will also be doing a presentation regarding the Traffic Impact Study. This is the Exeter Newtown Land LLC PLN MAR20-00014. Before I begin, I want to give you a heads up that there has been a revision to our findings based on the discussions between staff and the applicant since the subdivision and zoning committee meetings. You will find that in your Google Drive. It has a blue heading on it saying revised staff findings. You also, for those that are in our building, you should have a printed out copy of that finding revision. The applicant is seeking a zone change from the agricultural AU or agricultural urban AU zone to the light industrial I-1 zone for a portion of the property located at 1180 Newtown Pike. The zone change application is seeking to develop a package fulfillment and distribution Center, which will include the construction of an industrial roadway that will connect Silver Springs Road to Newtown Pike. The development plan proposes a single structure with associated parking and fleet storage. The applicant is proposing to avoid the areas that are impacted by the FEMA special flood hazard area or the floodplain. I will point out that the acreage on this. Currently for the zone change, it's 45.08 net and 46.74 gross acres. The development plan does have a different quantity on that just because there is a larger area that is being incorporated into that development plan. Mr. Martin will talk about that as he goes forward. The applicant is seeking a zone change from that agricultural urban zone to the I-1 zone, and that is in alignment with some of the zoning in the area. You can see here that we're located along Newtown Pike right here. There is intersections throughout the area that Mr. Martin will describe, including Citation Boulevard, Newtown Springs Drive, there is a driveway into this P1 property, Nandino Boulevard, and then Newtown Court, and then we're down into New Circle Road. You can see with the zoom in that we are seeing a host of different zoning in the area. Some light industrial here and here. The remaining agricultural urban portion of the property that is not seeking to be rezoned at 1180 Newtown Pike. A commercial center zoning or B6P here. R1D located here and here, and then R3 zoning or the planned neighborhood residential zoning located here. If we go to the aerial photography of the site, you get a better idea of what has been built in the area and what has not been built in the area. To the east of the property, we have a residential detached residential housing neighborhood, Green Acres and Hollow Creek neighborhoods. neighborhoods over here. We have a developing neighborhood to the north right here with some of those detached houses already being constructed and a plan for townhouse residential throughout this area. You do have more of the townhouse residential up in this area and some more detached residential here with some apartments located right here. Along Nandino Boulevard, you see an awful lot of that light industrial, larger structure kind of development in which you're getting a lot of different shops of specialty trade, as well as a fair amount of production center in this area. Below, you also are able to see what is creating that FEMA floodplain, which is the Cane Run Creek, which is running along the base of the property here. And our legacy trail, one of the most important shared use trails in our area located going through the property and along some of that floodplain here. Currently, you can also see the use of the subject property. It has been owned and operated by Lexmark since 1990. Prior to that, it was owned and operated by IBM. It is and has been utilized as open space. You have four softball fields located here with associated parking. And then if we get down into the area that is not being rezoned but is part of the development plan, you can see that there are a host of other amenities, including one, I'm sorry, including four tennis courts, three basketball courts, two playgrounds, and three picnic shelters. There's also a few soccer fields in the flat space over here. Here you get an idea of where that legacy trail is running through the property and up through the front along Newtown Pike. Jumping into the property, this is a view into the property from Newtown Pike from the opposite side. You can see there's a heavy amount of trees. This aerial photograph here also shows you just the tremendous amount of tree line that has been built up, not only along the property line, but in that floodplain area. And then looking into the property from the northern property or the B6P zone here. Oh, excuse me, jumped ahead. Here we get a view looking down Newtown Pike towards downtown, up Newtown Pike towards I-75-64 interchange. This is an area that will be evolving over the next couple of years. Here we have a view of the trail system. This is actually one of my favorite parts of the Legacy Trail, and this is running uphill, which is part of my least favorite parts of the Legacy Trail, and then looking into the property from the Legacy Trail. The Legacy Trail is not only a multi-purpose trail, it's also meant to be an interpretive trail. You can see that we do have one sign located right here, right at the front of the property. Here we get a view of the softball fields, just another orientation, and then the crossing of the Legacy Trail there. And then a view into the property from the Stub Street associated with Silver Springs Road. This will be connecting areas proposed to be connecting into the subject property with the extension of the proposed industrial roadway. The subject property is located within the study area of the Windburn Russell Cave Small Area Plan. This was done in 2015. The plan provides a development framework that guides both public infrastructure and private investment efforts to revitalize the area to a more livable and sustainable place. Specifically, the primary goals of the plan were to emphasize opportunities for promoting development on large vacant parcels that benefit the established population, to enhance existing parks and the legacy trail, and to improve connectivity of the street network. These were meant to act as the building blocks for improvements that create a safe, walkable, and bicycle-friendly environment. Within the plan, the area that contains the proposed rezoning is identified as Development Opportunity Site No. 8, indicated here with the 8 and here with the 8. The SAP includes options for the redevelopment focused on connectivity, access, and land use. Each of the options focused heavily on providing a mixture of uses, including residential green space and mixed uses or mixed use development along new roadways that would provide access between established residential areas and new development. The connectivity and access perspective sought to provide increased movement throughout the area, including a new signalized intersection right here with Newtown Pike to be shared with the Newtown Springs commercial development that would allow for cross-connectivity for the Green Acres and Hollow Creek neighborhoods. The proposed development is seeking to meet some of the access and infrastructure elements of the plan. However, they are deviating from the proposed use. Despite that change, there is the potential for a growth in the jobs available in the area, both from the end user and the contractors associated with the operation of a fulfillment center. The applicant is proposing the industrial and production center place type, which is where Lexington's most intense types of economic development and job creation occur. These places are meant to be located near major corridors to facilitate efficient and affordable shipping and transportation of goods throughout the region while minimizing the impact on the traffic infrastructure throughout the rest of the community. specifically focusing on putting infrastructure and development in a tied relationship that is not going to push large vehicles into neighborhoods. Special care with this place type should be taken to address the environmental impact of these places, as well as their impact on the surrounding residents. Associated with this place type, the applicant is seeking to develop an industrial and production non-residential development type. This development type is heavily focused on the integration of an employment-centric development with the surrounding development and avoid impacts on the surrounding environment. The applicant is proposing a light industrial zone, which is a recommended zone within this place type and development type, and will be seeking to develop a use that is defined in the LFUCG zoning ordinance as a parcel delivery station. While the overall use of the potential end user may reflect a mail order business or a retail operation, the proposed use of the subject property is a fulfillment center or a last mile delivery where materials come in, they are sorted, and then they head back out to be delivered to their end user. involved with the review process of the proposed place type and development type, it's imperative that we look at the surrounding infrastructure that is available to the subject property. The subject property is located along Newtown Pike, KY 922. Newtown Pike is part of the primary highway freight system for Kentucky and ties into the national freight system that allows for goods to travel efficiently throughout the United States. The importance of Newtown Pike is reflected in the changes that have been made to the roadway over the past few years, represented right here with the modification of the bridge over New Circle Road, as well as the planned expansion of the roadway that is set to take place in the near future. The location of the site and tying into the freight network is important both for the future of the proposed use, but also the production of jobs in the region. In their justification, the applicant stresses that to the proposed development meets Livability Policy No. 9, which seeks to promote economic development through the preservation of strategically and appropriately located industrial and production zoned land. The applicant also indicates that this is an opportunity to activate a large tract of undeveloped land within the urban service area, theme E-goal 1E, and expand industrial land in Lexington. The location of the subject property on Newtown Pike carries traffic, or the location of the subtracted property along Newtown Pike and Newtown Pike itself carries traffic from the interstate I-75-64 interchange into downtown Lexington. The property is also in the vicinity of the intersection of Newtown Pike and New Circle Road. The location of this property would allow for access to both major corridors in Lexington and throughout the broader Bluegrass region, allowing for greater utilization of our freight network and a quicker response time for those end users. The location of the site also weighs heavily into the proposed infrastructure to be completed by the applicant and the potential for multimodal integration. The applicant opines that the existing mass transit and multimodal infrastructure can be modified to connect residents to their jobs at the proposed fulfillment center and create an effective and comprehensive transportation system, Theme D, Goal 1. Currently, Lex Tran's Route No. 4 serves Newtown Pike connecting downtown Lexington to Stanton Way, located north of Interstate 75-64 interchange. The applicant has spoken, has discussed with the Lexington Area Metropolitan Planning Organization and Lex Tran regarding the current transit route and the possibility of adding a facility in front of this location. The current availability of transit is actually found just south of Nandino Boulevard, and there aren't current easy access for anyone to get into this site without going over and up the Legacy Trail. That brings us to the importance of the Legacy Trail. The addition, or the applicant, is proposing to construct a new public roadway that could eventually provide a connection between the Newtown Springs, Hollow Creek, and Green Acres neighborhoods to both Newtown Pike and the Legacy Trail. The APKIN emphasizes that through the establishment of the proposed project and the associated roadway, they will be providing access to amenities with a specific focus on that Legacy Trail connection, being D-Goal 1B. The proposed road extension from Silver Springs Drive along the northern portion of the subject area will allow for an additional connection between Russell Cave and Newtown Pike for the neighborhood. The connection will also provide access to the Legacy Trail and the green space network for those residential users. While the staff agrees that this connection is important, the secondary trail that should extend from Astaire Drive and Grant Place, as depicted in the park's master plan, is equally important for the neighborhood. The applicant should have this trail connection through their site to the Legacy Trail during the final development plan when there is a greater understanding of the engineering of the area. With the proposed construction, and I'm stealing a bit of Tom's thunder here, but this is an older plan, but it does give us the ability to show some of what the applicant is proposing. With the proposed construction of the industrial development in the proximity to residential land uses, it's really necessary to provide adequate buffering to reduce the potential impacts of the nuisance uses associated with light industrial development. So specifically those impacts on light, air, and sound. The applicant is proposing additional buffering along the edges of the property that above the residential land uses here and here. I will say that while this is zoned R1D right in this location, it is actually a detention area and in the location of two springs, once again stealing Mr. Martin's thunder. So with furthermore, it's important or imperative that we seek to minimize the further impact on the surrounding environment, which is a major component of the development type. To deal with the water runoff associated with the increased impervious surfaces, the applicant proposes to establish two wetlands, one located here and one located back here. Within their justification, they stress that this can be both a water control and quality feature while also enhancing the green space. During the final development stage of this development, staff would like the applicant to show how the wetlands would be incorporated into the established amenities. While the staff's earlier presentation, within the staff's earlier presentations, there was a concern regarding the amount of impervious surface associated with the fleet storage located here. The applicant has since provided information to the staff regarding the end users want to have a completely electric distribution fleet. The inclusion of infrastructure associated with the charging of the fleet makes it difficult to break up the fleet storage area, adding areas of essentially tree stands or any type of vegetation within this area would be quite difficult for the applicant. The applicant, while the staff understands, and this is actually a very good thing for the lessening of the carbon footprint of Lexington, the applicant should look for opportunities where they have it that they can break up this area and fit in a little bit more of a green kind of break, especially for the flow of water across this area. That can be discussed fully at the time of the final development plan when they have a bit more of their engineering moving along. In addition to the buffering, staff was concerned with the light associated with such an industrial development. And we were specifically concerned with it spilling over into the neighborhoods. And I'll go back, back here and over here. The applicant, since the committee meetings, has provided staff with a lighting study. I this area can you can see that they're the darkest portions of the property are areas in which there are no lumens or foot candles. However, staff was still concerned with some of the overflow that is going in this area here and this area up here. The zoning ordinance actually does state that there should not be spillover of light into surrounding residential land uses. uses. The applicant has stated that as they move forward with this application, they would seek to zero out all of the numbers along here so that there was no spillover into any residential developed area. Finally, while the applicant is only seeking to develop a portion of the property, staff has specific concerns as to how the green spaces along Canerun Creek and in the rear of the property will be treated in the future. The APKIN is currently working with the administration and other divisions to come up with an agreement about the future programming or use of the land and continued protection of the creek bed and surrounding floodplain. With that, staff is recommending approval of this application for the following reasons. The proposed development will activate a large track of undeveloped land within the urban service area theme E-Goal 1E, and expand industrial land in Lexington. Further, it will allow for the support and showcasing of local assets to future employers and create a variety of jobs, theme Seagull 1. The proposed rezoning will enhance the existing mass transit and multimodal infrastructure to connect residents to their jobs at the proposed fulfillment center and create an effective and comprehensive transportation system, Theme D, Goal 1. The proposed new public road will also allow for the connection to the Newtown Springs, Hollow Creek, and Green Acres neighborhoods to both Newtown Pike and the Legacy Trail, Theme A, Goal 3B, and Theme D, Goal 1B. The proposed development meets the goals of connectivity, public infrastructure, and drop creation outlined within the Windburn Small Area Plan. The proposed project also allows for access to both the major corridors in Lexington and throughout the broader Bluegrass region due to its location of the proposed development along the preferred break corridor. The access to Interstate 75 and 64 and the proximity to New Circle Road will also be really advantageous to such a development. The request of the light industrial I-1 zone is in agreement with the 2018 comprehensive plans policies, as it is meeting livability policy number nine, restoration policy number one, and protection policy number two, as I described previously. In addition, the justification and the corollary development plan are in agreement with the policies and development criteria of the 2018 comprehensive plan. It is meeting the goals or the criteria for site design, building form, and location. It is allowing for greater use of our transportation pedestrian infrastructure. And it is seeking to rezone this property to a light industrial use while also taking into account the green space and environmental health of the area. Here is where we see some of those modifications that I warned you about and are located within your revised findings. Staff is modifying some of our restrictions. There are some proposed uses that are proposed to be prohibited in this location. Specifically, self-storage warehousing, outdoor storage, and staff has added this, excluding fleet storage associated with parcel delivery stations. This was actually something that the staff and applicant wanted to make sure was not an issue going forward. billboards, all above ground and underground storage liquid fuel tanks, on-site disposal of any hazardous waste materials, mining of non-metallic materials, and or radium extraction. Staff has removed the conditional zoning restriction on lighting provided that the applicant follows through with the restriction of any spillover into any of the surrounding residential properties. We will be looking for an updated study as the final development plan is submitted. Furthermore, there shall be a 30-foot landscaping buffer along the northern and eastern property boundaries of the subject property where adjacent to R1D or R3 zoning and developed with a residential land use. I want to stress the and developed with a residential land use and throw you back to the comment that I made before about that detention area and the two springs. That is not an area that would necessitate this 30-foot landscaping buffer as it is not being utilized as a residential land use. Furthermore, all establishments and facilities that store or transport hazardous materials shall be designed to provide spill containment facilities and shall have emergency response plans approved by the appropriate HAZMAT regulator, whether that be the DEEM, Fire Department, or EPA as necessary and as required by law. This was something that staff is adding into our findings. These restrictions are appropriate and necessary for the following reasons. To reduce the potential impact of the industrial uses on the adjacent neighborhood. To reduce the potential impact of lighting and sound on the adjacent neighborhood. To protect the wellhead protection plan that was established for the Royal Springs Aquifer between the Planning Commission, the Georgetown and Scott County commissions. This is the joint agreement that was made and adopted by both the planning commissions of Fayette and Scott counties. So the proposed restrictions within that wellhead area will better protect surface and groundwater in the area by prohibiting some of the uses and requiring best management practices for other uses that could potentially be harmful to the wellhead, thus ensuring greater compliance with the Royal Springs wellhead protection plan. Finally, the proposed restriction will better protect the adjacent Cane Run Creek and associated environmentally sensitive areas from uses that could be potentially harmful to the stream. With all of our zone changes, this recommendation is made subject to the approval and certification of PLN MJDP 20-00068 Lexmark International Corporation, which Mr. Martin will present here shortly. With that, I am happy to answer any questions about my presentation and staff's recommendation regarding the zone change for the portion of the property at 1180 Newtown Piper. I'll go ahead and stop share just to see if you have any questions. Okay, any questions for Hal at the moment? Yes sir. Mr. Penn. Al, in looking at the new restrictions on page 4 under 4, this is the preliminary development plan. You want these restrictions written into the record to be applied with a zone change, right? Yes sir. These are conditional zoning restrictions. So they will be part of the land use restriction certificate for the property. So this is the most restrictive of our ability to go ahead and say, no, you cannot do this or no, you must provide this. We have discussed all of this with the applicant and they seem to be agreeable to it. Okay. Before we get to the applicant, then you'd like these restrictions to be noted in the motion. I would, yes sir. So they are part of the revised findings that you can find on that sheet that you have now and it would just be part of the motion that you make with the zone change. Thank you. Yes. All right ladies and gentlemen I will turn it over to Mr. Martin and you can go ahead through your development plan. Ms. Mark, let me get you your annotate tool. Go right ahead sir. All right. You're good. I'm good to go. Thank you, sir. Good afternoon, Mr. Chairman, members of the Planning Commission. The preliminary development plan that you have before you today with this zone change is on page four of your agenda. It's Major Development Plan 20-68, Lexmark International Corps. Now, we have provided in your Google Drive revised conditions on this preliminary development plan. It is a revision, and we have revised our staff report accordingly. Okay. Where's my? Click on it. Click on my plan? Yeah, click on that. Okay, there. Thank you. The plan associated, and you have already seen several exhibits that show the plan. again it is a preliminary development plan and it is important to note as always you will see a final development plan on this property before a shovel full of dirt is moved here is Nantino Bullard intersection Newtown Pike the new proposed public street to be signalized at this location They are proposing a 143,000 square foot distribution facility at this location, the purple rectangle that you see at this location. In the rear, we have employee parking. They are providing 323 employee parking spaces. This is the fleet storage area that Mr. Bailey went over with you at length in this area. There are over 700 spaces. And again, it is a large area, and Mr. Bailey explains some concern with the large amount of pavement that is associated with this development. However, it is vital to the proper functioning of this particular facility and their delivery system. They're proposing access into their property at this location, which is right off Newtown Pike. And this area is subject to a waiver request, as is this street location and intersection. They are also proposing a write-in, write-out in this location, as you can see here. It, too, is subject to a waiver request. The write-in, write-out crosses a legacy trail in this location. This plan that you see before you is proposing a slight relocation of the Legacy Trail, particularly in this location parallel to Newtown Pike. They've moved it back. This allows for greater reaction from both parties, the people utilizing the right in, right out, and the pedestrians and cyclists that could be utilizing the Legacy Trail. So this is a safety move. This makes this intersection right here safer. Here is the wetlands, one of which Hal has referenced. Here is the other area, the wetlands area that Hal has referenced. Now, this part of the greenway and floodplain are not part of the zone change, is how I explain. They're part of the development plan because this greenway area, this floodplain, is going to be in the future on a final development plan considered as a whole. the majority of this area and you can see how much it impacts the site is a fema floodplain and it is regulated as such both by federal and state regulations and requirements as well as your local requirements including article 19 of the zoning ordinance which heavily regulates and restricts development in the 100-year floodplain. Now, again, coming back to this entrance, it's intended to be utilized by heavy trucks. They will come into this area under a canopy. Your employees will be in the building distributing the packages as necessary, which will then be placed in the fleet vehicles. Now, one aspect of this site, why it's so large, is that their contract employees will pull their personal vehicles into this area and then utilize the fleet bands to run their routes and make their deliveries. So that's one aspect of why you see a large area. Now, can I get this bar out of my way, please? There we go. There you go. Thank you. Again, the new street that's being constructed will run in this location. It will intersect with Silver Springs in this location. And Hal showed you on his exhibits again of the area that this is the R1D single family housing area. The townhouses are a little bit to the north of that. There will be a street connection through that townhouse development eventually to Silver Springs Drive, which will then allow residents of that neighborhood to come and utilize this new public street out to this signalized intersection. Here is the buffer area that Hal mentioned to you that we will have increased buffering and the lighting. And you saw the lighting diagram. The primary concern again is in this area. They are proposing at this intersection to have access into their parking. It will be a T intersection. This will be public. They are bars. They're showing transition strips that will define this as private versus public. These areas will be private. there are again on your revised report that we provided to you there are relatively standard sign-offs we have several other items that can be resolved at the time of the final development plan Those are denote that cross access to this B6P area that Hal showed you shall be determined at the time of the final development plan. That is condition number eight on your report. The applicant is indicating a possible site here and a possible site at this location. the staff has had a conversation with the neighboring attorney that represents the B6P area and he has asked that the word possible be removed from the notation this note and this note and staff is certainly not adverse to that and as our understanding neither is the applicant Very simply, we all agree that there needs to be cross access and that it will be determined at the time of the final development plan. And that will allow the exact location, the best location to be determined. It may be here running across the front of this property. It may be elsewhere. Topography plays a role in that. This site is higher than the applicant's site. In fact, they are currently showing a retaining wall in this location. It could be at the time of the final development plan. It has been worked out to where the retaining wall may not be necessary. There may be grading done on both properties, again, that would facilitate that cross access. Hal talked about the greenway. In this wonderful greenway, this very dominating feature, the active recreation, the facilities that are in the rear, these are all items that staff believes can be resolved at the time of the final development plan. Again, the ultimate question is maintenance of these areas and who should be responsible, whether the city accepts the dedication of these properties and maintains them or whether or not the applicant continues to own them and maintains them. All that is still being worked on. I would emphasize again that the environmentally sensitive area is well protected by its floodplain and by the regulations that govern floodplains. In addition to that, we have stormwater manuals. As you all are aware, they must comply with our stormwater manuals. Our stormwater manuals have been revised. They emphasize water quality protection. So staff is very comfortable in the future as this develops. It will be developed in accordance with those standards that will protect not only this Greenway, Cane Run Creek, as it runs through the property and on across and through Cold Spring. They will also protect the aquifer. the aquifer the Royal Springs aquifer is referenced in your stormwater manuals it is something that they are required to address when they do their ultimate infrastructure designs their grading plans and determine how and and where the water is going to go from this plan another issue that Hal mentioned was the trail issue. And it is anticipated that the secondary trail to serve the neighborhoods will come from this area down into this area and then connect to the trail. Where that exact connection has not been determined, the applicant has campus security concerns, but they are certainly amenable to a connection. So we need to determine that at the time of the final development plan. The lighting that Hal mentioned again is now a development plan note. And that development plan note basically states the ordinance requirements that any off-street parking areas, the lighting that illuminates it shall be oriented down and away from this residential area and shall be shielding. So again, that is something that is best handled at the final development plan stage. Associated with this development and very important, very important to this development is the waiver request. And this waiver request should also be in your Google Drive. Now, the waiver request is primarily spacing requests of access points. Again, as I told you earlier, here's Nandino Boulevard intersection with Newtown. They're proposing a right in, right out at this location. This is approximately 500, 550 feet from this intersection. They're proposing a new street, an industrial local at this location, and again with an intersection. That is approximately 1,050 feet from this intersection. It's only an additional, as I said, about 500 feet from this access point. It is a common misconception that the subdivision regulations only deal with street intersections. They do not. They deal with all access, all intersections. That includes write-in and write-outs. And we mentioned Silver Springs Drive. drawing a blank on the name new town oh uh newtown springs drive to the north which you cannot see here how showed it to you that is the from here the next access up is newtown springs drive that's a write-in and write-out and it was subject to a waiver request approved by the Planning Commission. The specified distance between access points on a major arterial, and Newtown Pike is a major arterial, is 1,600 feet. Now, this intersection with Antino and the intersection with Citation meets that. That's approximately right at 1,600 feet. That's why the Newtown Springs, which is right up here off this plan, was subject to a waiver request before this body. Again, just as this write-in and write-out also requires your approval as part of the waiver request. In addition, Hal mentioned there is a commercial access drive on the west side of Newtown into the research park, Coldstream Research Park. That is an existing drive. There is a left turn lane off Newtown that serves that drive. Now, that drive and entrance is slated to be closed. And that's associated with the development of Coldstream and the development of that property and their ability then to utilize Citation and the Coldstream street system. So it's actually slated to close. So that conflict will be resolved when that happens. This, as I stated, is about 550 feet. And plus, right here, that's a median opening. And that's only approximately 100 feet from the right in and right out. Now, again, your subdivision regulations regulate access based on street hierarchy. You have your major arterials, your minor arterials, your major collectors, your minor collectors, right down to locals. And your regulations restrict certain types of access of certain street classifications. And major arterials are not supposed to have intersections with locals. This particular street that they're proposing is an industrial local, but it does actually match the residential collector in design and width. Your standards for access management address both functionality and safety of our highway system. system. As Hal mentioned, this is our major federally designated freight system. It is heavily traveled by all the tractor-trailer trucks that come through our community, both coming and leaving. They utilize Newtown to get out to the interstate system and beyond. There are safety and functionality concerns when you grant waivers that don't meet the spacing requirements. And again, as you all heard, not long ago on Winchester Road, there was an issue with the spacing, not only of the street classification, but intersections. Again, signalized intersections, excuse me, because that impacts functionality on our streets. It impacts the operational issues of our street system, which it is incumbent upon the urban county government to manage. Again, operational concerns always enter into this as well. And that's an important note because the applicant, major justification for their waiver request, again, the spacing from here to here is a little over a thousand feet, and this is splitting the difference with the right in, right out at a little over 500 feet. And then again, the spacing up to Newtown Springs Drive is a little over 500 feet as well. Their justification is the unique end user of this site and the fact that they have a heavily regulated operational plan that is vital to how they operate. The way their vans and their vehicles leave their site to go make their deliveries and meet their schedules, of course, as you all are aware, is an integral part of how this business functions. And so their operational plan restricts their movements in the non-rush hour periods. And that is, again, important because that reduces all these many conflicts with rush hour when Newtown Pike is heavily congested. Now, all throughout the day and evening, it is carrying truck traffic. But their operational hours are key to why they can minimize the potential conflicts with these intersections that they are proposing. in addition to the spacing at this location this driveway as I mentioned also is a subject to the waiver in that it's about 100 feet too close to this intersection and again as you all have heard staff tell you many times the function of intersections is very important the minimizing of conflicts and then the efficient movement of traffic is is what we're trying to achieve So again, the operational model that they utilize brings in large trucks, and they come into here, and then they're able to exit back out and back out to Newtown Pike. Again, employees will be here utilizing this street, and then their employees, their fleet, will be utilizing the right in, right out. And again, I want to stress the fact that they are addressing staff's concerns by their operational model. In reviewing their waiver request, staff does agree that there's a hardship posed to the applicant on this site. And that, again, is this greenway and the creek. It constricts the site. it is something that must be it's required to be protected it's difficult to develop they can't go south without access and try to cross it they'd have to bridge it it would pose to get to nantino would pose a lot of a lot of problems a lot of construction it would disrupt this greenway so that did impact their choice for where their access points could go so staff does agree that there's a hardship. Now, staff also agrees that due to their operational plans, that there'll be minimal impact on Newtown Pike and on public safety and on vehicular and pedestrian safety on Newtown Pike and on the Legacy Trail as well. We think that that's one of the important aspect of this particular waiver request. Now, traffic engineering has expressed concern over the intersection and its functionality, and they've made a specific recommendation that they want three lanes out and one lane in. There should be sufficient width to accomplish that, and the road can taper back in this direction. They are currently just showing two lanes out and one lane in. So an additional lane is what your traffic engineering division has recommended in this situation to assist with the functionality of this intersection. In addition, and I shall add that staff is recommending approval of the waivers. We believe that they are justified in this case, and again, primarily because of the uniqueness of this end user and the way they operate. And with that in mind, staff is recommending approval subject to some conditions that you'll see at the end of your waiver report. And one is that should the approval is right in, right out, result in increased accidents. And this is something that can be measured year from year. And if we see increased accidents related to this access, then it should be denoted on the plan that it should be removed because it's not operating in the way that the applicant states it will because it will be impacting public safety and the function of the road. In addition, staff is recommending that this median opening right here be closed oops wrong there we go ah thank you mouse mouse i'm throwing buttons again this is only 100 feet and frankly we're concerned you're going to see people doing this loop and we believe this should be closed in addition to that we believe and are recommending that should a different user come in here a different developer a different user a different business then this right in this right out not the right in the right out be removed our concerns with the right out are obvious. When you have right out traffic, you've got traffic headed north. You've got people that are crossing these lanes to get to this intersection to turn right. You've got people that are crossing these lanes to get up and turn left. You create a lot of conflicts in this area with lane movements. So again, staff is supporting this waiver request contingent upon should, their operational plans or users should change, then that write-out should go away. You've heard us explain this to you before. Write-ins and write-outs function fine when you have good median controls. And then denote on the plan that at the time of the final development plan, this intersection design will be resolved to the approval of District 7 as well as traffic engineering. And again, that's the number of lanes, the depth of those lanes, and those things that are necessary to help with the functionality of that intersection. And then one final condition is signage shall be installed for the legacy trail intersections here and here, consistent with the land subdivision regulations. And of course, they'll be working with our pedestrian planner as well to help protect the users of our legacy trail. And with that, I'll be happy to answer any questions you may have for staff. Mr. Wilson. Mr. Martin, one quick question about that write-in, write-out waiver request. You said if there were any accidents or too many accidents, then some modifications would have to be made. Who makes the determination as to how many accidents constitutes a requirement to change? That's an excellent question, and I think that's probably something that we would want to work out, and we could do so at the final development plan stage. okay but that as i understand it that's not going to be a is that going to be a scientific type of proposal or is it just a matter of whatever you all can come to an agreement on well uh first of all accidents attract there we have records of accidents the state maintains and we maintain And they also have descriptions of the type of accident, whether or not it was just a vehicular or whether it was there were bodily, you know, what's the word I'm looking for? Injuries. Thank you. Injuries. So that's tracked. and what we're saying is if their if their justification is their operational hours and there's not going to be a negative impact then accidents is one way to measure that impact so if there's an increase in accidents and we can attribute to them the reasons for that then that's one way to measure whether or not that is a safe access so based on what i'm hearing you say though i understand the statistics behind it the question is when does the trigger pull is it one accident two accidents three deaths or what i mean is there any science is it just state and jimmy i can see jimmy he's dying to jump in here on this and he'll get his shot with the traffic impact study the state does use the state does use fatalities to determine whether or not signals are warranted. That is one measure that they use. So I think we can come up with a figure that would be agreeable on the, and again, it's not, it's what causes these accidents. And as staff has explained, it's the cross movement in lanes when you have these access points situated in this way. we have approved write-ins without write-out before for that very reason, because of those conflicts. Okay. Thank you. Thank you, Mr. Wilson. Mr. DeMoglin? Did you state what the operational hours of the end user was? I did not. I was going to allow the end user to explain their operational hours. It is in their letter. It is where they expand upon it. But very simply, they, and I'm going to generalize simply, they do not, they don't, let's see, they send their fleet out in non-peak hours. they are deliberately avoiding rush hour both to avoid their impact on the traveling public and to avoid the impact on them because as you know the timing of their deliveries is paramount to their business model and then with regard to our role in this if they were to intend to place a significant amount of solar, would that be anything that would involve us at some point in the future? I'm assuming this fleet storage is 720 potentially electric vehicles. Yes, sir. That's an interesting question. Let's say they use solar panels. those might they I'd have to research that to see if they would or would not trigger a major development plan amendment just curious because there's a lot of news I'm assuming it has to do with this end user what about what they store inside the building specifically prescription drugs sir they should not be stored Yeah, they don't. This is a distribution center. And again, based on their model, things come in and go out rapidly. So I don't I don't believe the storage of these packages is a big part of what they do. Okay. Or you and I would not be fulfilled. We wouldn't get our deliveries on time. Okay, Mr. DeMoglin, I've got to answer your one question about the time. The applicant application on page nine, you will be able to locate the time that they have allocated out. It was sorting times hours between 8 p.m. and 8 a.m., starting at 9.50 and ending at 10.50 a.m. Approximately 345 delivery bands will depart from the site at a 25-minute interval. But there's more to it as well, but it's on page 9 there if you want to find it. All right. Thank you. You're welcome. I think Mr. Penn had a question as well. Yeah, I want to ask Mr. Martin. I can ask that, but as much as you talked about the right in and right out. Tom, is all this predicated on the fact that the extra lane will be added on Newtown Pike? Well, not completely, but that's an excellent point that I failed to mention verbally. It is in your waiver report. Newtown Pike is slated to be expanded with two lanes in both directions. that will certainly help the flow of traffic and efficiency of traffic however that can also raise more concerns with this type of access again with cross-lane movements and and potentially higher speeds the reason i was asking i think it's going to be one lane each way but but oh i'm sorry yes one lane each way too yes the point is if you're going to move the legacy trail back and you're going to add another lane, will the waiver still cover what you have to have in order to make that work, or will we have to come back and redo this after the lane? Because out here it's going to start fairly soon. I believe at this point in time it's considered to be adequate. I think we may have to take a closer look at it, the final development plan, just to be sure how much it might need to be adjusted. Okay, thank you. I don't want to get into deep, I don't want to dive too deep on that, but I want on the record that we know that this plan is going to be altered probably until they get it still. All right. Mr. Fowle? I wanted to make a couple of observations about the Legacy Trail. As a fairly regular user, There are a couple things that occur to me. One is that part of the justification for pushing it back was to improve the crossing of the right in, right out roadway intersection with the Legacy Trail. And I would note that there isn't an equivalent pushing back at the main intersection with the Legacy Trail at the public street. and so that crossing has the potential to be pretty dangerous for the users of the legacy trail. I just raised that. There is another location rather like that on the trail right now, but the amount of traffic that crosses it is minimal most of the time. The other observation I would make is that there is a rendering in the previous in the application for in the in the staff report for the zone change request. there's a rendering that indicates a four foot plank fence to the inside of the legacy trail parallel to Newtown Pike. and I would I don't know if it's not shown on the development plan but I wanted to bring that up because I think it's an absolutely horrible idea and would make the experience on the Legacy Trail at that location very uncomfortable because of the acoustic issues that you would be riding with a fence to your right and a major roadway to your left and the roadway noise would be reflected back at you from the fence. And so I just want to bring that up because I would not want to see that in the final development plan. That's all. Thank you, Graham. I would add that they are bound to follow the Newtown Pike landscape ordinance, which I believe has a fencing requirement. So that's something we will So we'll have to look at that at the time of the final development plan. The council has jurisdiction over that ordinance. So I would suggest that someone give some serious thought to the acoustic issues around the fence and what sort of fence ought to be used. There's another location on the Legacy Trail where it parallels I-64, I-65. and it's a beautiful landscape but it's very very noisy and it really diminishes the quality of the experience at that location and I can tell you that if you were riding along Newtown Pike and you had a fence to the opposite side that would be much worse that's all i got that that that is that is well well noted by staff that that is something to be looked at thank you mr boll um carolyn did you have a question okay all right all right mr emmons thank you thank you um it's not part of my uh main presentation but while it's fresh on my mind to address kind of the crash statistics and everything. I'm actually very comfortable with the proposal, the more open-ended proposal about just looking at crash statistics with the right in, right out, rather than the planning commission trying to set a threshold. Because really the thresholds are really set by our safety engineers with the Kentucky Transportation Cabinet. Plus also we would have the benefit that both of these would be new access points. The database that tracks crash data is very specific, and you can get in and look at specific dates. You can look at specific accidents. You can look at a lot of different things. In fact, as we were looking at this particular corridor, whenever you look at the crash statistics, I think it was about, I'm doing this off the top of my head, but it's about 80% of the crashes along the Newtown Pike corridor were actually rear ends or same direction side swipes, which is essentially whenever people are changing lanes and somebody's in their blind spot. And so really, whenever you've got a lot of rear end crashes and side swipes, a high percentage like this at about 80%, that's really just a sign of the over congestion in the road. And we're always looking for ways to reduce that congestion, either by widening the roads or more often by good access management, which is part of the reason why Tom went into such detail about the write-in, write-out and the closing of the meetings and everything like that. I am generally in favor of those because they actually reduce the number of conflict points and distribute traffic and are generally safer. I am 100% in favor of just going and putting people on notice that that would be something that we would look at in the future. If I can, I've got some very brief statements, and I'd like to share my just three PowerPoint slides. And can everybody see the presentation? The, this is, this would probably go down on record as the most comprehensive and the longest traffic impact study report with the very shortest presentation. And that's really because the applicants did a very good job with this, with this traffic impact report. They worked with the transportation planning staff right from the start. They worked with District 7, our Kentucky Transportation Cabinet. And as you can see, this was actually a very extensive, even far beyond what our local zoning ordinance requires. The applicants did a traffic impact study focused on the Newtown Pike corridor everywhere from New Circle Road to the interstate. So they looked at this and they looked at several different scenarios. They looked at the corridor as it exists today. They looked at the corridor as it will exist in 2021 with the proposed development, and they also looked at this project in the farther future, in 2030, once the Newtown Pike widening project is complete. they were able to obtain the traffic study that was done for the widening project for this entire corridor and they built upon that and they worked with us to look at lane uses and other types of connections that were likely to happen during that time. So all in all this is a very comprehensive traffic impact study. And as such, that's part of the reason why I've got actually very little to report to you today, because as you look at this, I focused a lot on the, and tried to generalize and focus a lot on what this property will look like by the 2030 build out after the Newtown Pike widening project is done, after the subject property is in there. And the staff did not see any real areas of concern. You can see the only area of concern would be what you would expect at Citation Boulevard and the Newtown Pike Road. And that one being from a vehicular standpoint, in order to get as much green time as you need on Newtown Pike, obviously your Citation Road is the secondary street and feeding into that we'll have to back up a little bit more. But the applicant's proposal, the applicant's use will not really contribute much to that. That will be an existing situation whether this property is developed or not. One of the things that is extremely important and Tom talked about this a lot, that this use is purposefully designed to operate throughout the day, but it will not generate a lot of traffic during the morning and evening rush hours. And And that's really important because as you look at this use, it really, and generally our traffic impact studies kind of look at the impact during those peak hour times. And this use really will not have much of that primarily because of the specific type of use that it is as the delivery hub. I do not get me wrong there will be a lot of traffic generated by this use but it will be generated throughout the day. Transportation planning staff actually does not have any additional recommendations for for the planning commission that have not already that are not already either included on the development plan or or mentioned by Tom in the development plan review of this. So just kind of the final thought on this, Newtown Pike is really, it is one of our most important freight corridors to Lexington, and in fact, the region in general, because it's the primary connector for our freight and trucks to get between New Circle Road and the interstate. If you were going to, this is where transportation and land use kind of coincide from a transportation infrastructure standpoint, we do feel that this is a very appropriate location to put this type of use on this road where the infrastructure will be able to handle it. If you have any questions for me, we do realize and agree with all of the details that Tom has presented to you further. If you have any questions for me, I do have all of the applicants, hundreds of pages of traffic impact studies that we can dive into if there are any specific questions. But this is the end of my prepared statements. and i believe that concludes not just uh mine but all of the staff presentations mr bell oh i'm sorry mr chairman yeah larry you good for me to speak are you frozen larry jimmy yeah he's he's on i believe he's on mute but he's gave you a wave i believe okay uh jimmy um am i correct is there going to be a a signal at newtown springs intersection no there is no there's not a i don't believe that there is a planned signalization at the newtown springs I believe that you would be. We are looking at putting a signalization at the new at this new point. OK, and that's signalization again. If it I guess my question is, if it's another use. And that other use is not, you know, does not fall to this non peak time. I guess that's my question. I believe that if there was a completely different user that came in at the time of the final development plan, I believe that we would have to have a very serious conversation about the transportation at that time. And also remember, especially when accessing state roads, that in order for the applicant to get access to that state road, they need a positive approval, both from the planning commission and from District 7, the Kentucky Transportation Cabinet. So if they're told no by either entity, then they're not allowed to do it. and I have a lot of faith in our professional engineers, both from the applicants, LFCCG and District 7, to look at this in detail to ensure that it's worked. I did not see anything in the traffic information that was provided to me to raise any concerns for the planning commission today. Thank you. Okay. I've seen any other hands raised for questions. So we'll move over to the applicant. Thank you. Thank you, Mr. Demis. And while Mr. Turner is joining us as a panelist, is there someone else from the applicant team that needs to be part of the presentation? If so, can you all raise your hand? Yeah, we should have EA partners. Okay, what about Kyle? Kyle DiGiulio and Tom Allman. Okay, thank you. Okay, I think we have everyone. Mr. Turner? Very good. Very good, Mr. Chairman and members of the commission. Thank you for letting us be before you today and hearing us out. This is, let me introduce Tom Allman, is the principal with Exeter Newtown Land, LLC. And Kyle, I'll introduce in a minute. You know, the EA partners and the fish who's with us again. And I think Brandon, you might see if Brandon Gross has raised a hand too. I think he's going to be on the call. He is, yep. All right. This is an economic development project, as you know. I mean, it's fairly obvious. The staff has, and we're going to explain more of that to you here in just a few minutes, Kyle will particularly. But this represents about 500 jobs, full-time jobs starting at $15 an hour with full benefits from the word go. It's a significant jobs creation and development. I am going to share my screen just briefly. Remind me if I don't take it down, but This is the development plan. The downpike that you've seen. And Tom took you through some of this. I'm going to take you through it very quickly. Mr. Turner? Mr. Turner? your network is or your connection is your connection is a little spotty right now and you're a little choppy there and then he froze up but he's frozen yeah and I'm back you're back well no you're frozen again well that's something oh gee All right, hang on. Hang on a minute. Mr. Turner, if you would like to email staff your PowerPoint presentation or any presentation materials, that might take some of the impact off of your router and your network. We can share that for you. I tell you what, all I have is the development plan. Would you like to bring that up, sir? Yeah, put that up. I won't be able to point, but you maybe can help me point. Sorry about that. No, that's okay. Your partner had problems earlier, too. Yeah. I'm not going to. My internet provider is coming out tomorrow already. How can you do the, not that one, but the actual development plan? Oh yes sir. Just bear with me everyone while I pull that up. Okay. And bear with me just a little bit longer. That's something that I didn't have pulled up immediately. We just had our color up to start with. All right. Well, let me go on while Al's putting that up because I think I can talk through it. The truck, as indicated, the semi-trailers will come into the property from the interstate and turn immediately in there to the right, and that is their unloading facility right there. not go further into the property other than they're right there at the front. The hours for those tractor trailers coming in will begin about 10 o'clock at night and end in the early mornings. Some you may have one or two straggling in but the prime load is supposed to is basically to come in in the wee hours of the evening. You will have in the building you'll have 24-7 employees. They will be parking in the employee parking lot there. And they again are staggered shifts so that they will come in to the facility in off hours, at off peak hours. So even they will be coming in and out at off peak hours. The van drivers will be coming in in about nine o'clock or so in the morning. They will go into the service facility and then they will get their instructions and get their vans loaded and you know they will be headed out about beginning about 10 o'clock in waves about every 20 minutes so that they are sent out not a not a flood all at once, but are metered out, then they will come back in about seven to eight o'clock in the evening. And so it is very purposely designed to have all these operations moving at off peak hours, frankly, for their operational benefit. It has the additional impact of mitigating the total traffic impact on the community and the local roads as well. Now, if I wanted to go, I want to go back up to that Hollow Creek. I don't know how much of that you heard, but the main road in, and then the connection into Newtown Springs, not Newtown Springs, but the residential development, and then the ultimate connection with Hollow Creek. That will open up this new public street to traffic coming from the east as a potential connection to Newtown Pike. By note on the development plan for the Newtown Springs residential development, that connection cannot be made until citation is through to Russell Cave. Okay, so that may be sometime coming, but this is a part of the connectivity piece that was outlined in the small area plan that Al referred to. So yeah, that public street will ultimately carry some more, it provides not a heavy connectivity, but it provides some connectivity through to the existing neighborhoods through to Newfound Pike. At this point, I want to introduce Kyle DiGiulio. And Kyle represents the end user here. Kyle is a representative of Amazon. I will let him introduce himself, and he's going to describe a little bit more about what they intend to do here. And then the program for the employees and so forth. Kyle? For sure. Make sure I'm not on mute. Hi, everyone. I'm Kyle DiGiulio, a member of Amazon's economic development team. I support our projects in the U.S. Really, right now, my focus is on last mile delivery, and that's what this facility is. And the easiest way to describe that is if you're an Amazon customer, this is the last place that your package would arrive if Amazon is fulfilling an order in your community. So the items are not warehoused in this facility. That warehousing happens in a larger fulfillment center elsewhere, which we have all over the country. But that box, that item you order is packaged there. It's labeled there and it can get to customers in a variety of ways. But we think this is the most efficient way to do that with this type of building, which is a delivery station. So at this building, as Darby mentioned, you know, we are very deliberate in the way that we coordinate traffic. So, you know, trying to reduce that impact. So trucks in the overnight hours and then vans leaving and returning to the site in non-peak times. And a large part of that is, I think, which we figured out is people are happy to get Amazon packages later in the day. It's not just 5 p.m. when you stop receiving packages. So that ability and feedback from our customers is really driving this. And also it's safety focused as well, too. I know there are a lot of concerns that were raised earlier, and I'm happy to answer questions about that as well. As Darby mentioned, all of the jobs that we'd create for Amazon employees in this facility would pay a minimum of $15 an hour. Those offer full comprehensive benefits, the same benefits that I have, including health care, dental, 401k matching. There are part-time employment opportunities as well. We're getting into Amazon's busiest time of year around the holidays, and we're always looking to hire people. And we're very excited with this project to build some long-term relationships in the community to support those hiring goals. And then finally, there's an entrepreneurship component of these types of facilities. So the drivers themselves, while third party, are very important, obviously, to our operations. So when we open a facility like this, we recruit either existing businesses, but work with entrepreneurs who want to start their own businesses fulfilling orders for Amazon. There's a variety of ways that we can do that. And we've had some great conversations already about how we can do that in Lexington. Really, I mean, I can answer a lot more questions, but just generally wanted to reiterate how excited we are about this project. I know we're not quite there yet, but this is an important step. And looking forward to any feedback that you have based on the presentation you've had today. Thanks, Kyle. And Kyle's available for any questions as we get to the end of our presentation as well. One of the things that, let me go down some of the response to some of the staff's comments, because basically we are in agreement with the staff and their recommendations and their conditions and so forth. As you can tell, there's been a lot of work that's gone into this between the staff, not only the traffic, but the planning staff, D7, the administration, and so forth. So there's been a lot of work done to get to this point. So we appreciate all those efforts to reach this. This is on a significant schedule. They hope to have this facility open by holiday season next year, which means probably getting under construction in March or so, if we can. So that's the framework. The conditions, the zoning conditions that Hal went through, we worked through and those comments are related to those discussions. Obviously, like the fuel tanks, they likely will have a water tank to supplement their fire suppression system. And likewise, the forklifts run on propane, so they'll have those propane tanks, but that's not liquid fuel. So we're good. We got that worked out. But the lighting, you saw the study in, I don't know, if you look at that, how could you put the one with the lumens up very quickly? And you're going to have to increase it. And I'm sorry, I can't just throw it up and talk through it. I know, not that the light study. Yeah, not the shadow. That one. And if you could zoom in on that back corner. Yeah. What you're going to see, well, it's not even very clear, but pull it over. Yeah, right there. What you're going to see, the blue, the things in those, every dot there is a figure, is a number. Two is 0.0. That's lumens. So there's no light escaping at that point. You see the brown numbers on the line coming down. Those are 0.1 lumens. So we feel very comfortable. We can get the light worked out as the staff mentioned, the lighting worked out to make those brown numbers along those line zeros. So that's a pretty sophisticated light study, as you can see. That's good. And so there's a lot of engineering that's gone into that. The Newtown Springs access point, as Tom indicated, we have really no objection to whether that's possible future or proposed or whatever. As long as it's understood, that's just going to have to be handled as a part of their plan. Comes in, but we have no objection. Tom very adequately described that. So we don't think that's a problem or an issue. And I've had discussions with Dick Murphy as well. And Rob Rosenstein, who's the property owner, has had discussions with Al Gross. And we're working, you know, there may be something we can work out there. to mutual benefit. But in any event, we have no objection to that designation. We probably would like to have some discussions with staff on the write-in, write-out, act to the issue. We just saw that this morning to develop some reason there as to, you know, some of the same questions you had, we have, and we'll get through that before final development plan or through that process. The solar, I don't have an answer to that, Anthony. That's an interesting question. Probably the only place that it could be would be on top of the building, but I don't know the answer to that. Kyle may know. Yeah, I can answer that. So this is our latest, greatest building design type and all of those buildings support solar on the roof. So it might not have solar on the roof the day that we open it, but it has the infrastructure in place to allow for solar in the future. Right. Thank you. And on the Newtown Pike improvements that are coming along in a couple of years, as Jimmy said, And all this design work on this development plan has assumed, has been with those plans in mind and assuming that infrastructure is in place. And Al could confirm that, but we know that's coming. And so there's no sense having to build something and tear something out right away either. So, and Graham, on the trail crossing on the new street, that's going to be signalized. So, it would be very difficult to move that. You would have really a conflict if you moved that trail back from a signalized intersection and created two crossings, so to speak. So, that's the reason that wasn't done there. On the plank, go ahead. There's a retaining wall. Yeah. Here with that too, right? Right. Well, it doesn't go quite down that far, but yeah, you would get back up into that grade issue. And that's first, that's the interesting comments on the four plank fence. We'll take a look at that. I hadn't, I don't, that I don't think that we focused on what the Newtown Pike corridor plan was and we can we can take a look at some of those issues and see if there's any, what the options are. options are. The issue on the trail system and the greenway and all of that, we are, and I think I've talked through that at the committee meetings, but we are in discussions with the administration on that, particularly that property is a public-private or pure public enterprise by way of donation. The urban kind of government's trying to figure out right now going through their process to determine to assess whether they want it, whether they need it or not, and what they can do with it. But we are in discussions and we'll soon be in some fairly serious good faith discussions with the administration relative to that whether it'll be done by final development plan I don't know but we'll we'll have more to come we'll certainly know more then than we do now. I think that's really all I have at this point other than to say We appreciate the staff's really productive work with us toward getting to solutions, toward reaching solutions and finding a cord. And we appreciate all of that very much. We're certainly available for questions and would, you know, if there are any other comments from the public, we would reserve a right to comment further after that. But we agree and appreciate the staff's recommendations. And of course, are very much in accord with that. Okay. Thank you, Mr. Turner. Any of the commission members that has any questions for Mr. Turner at this moment? Or Kyle? Okay. We'll go. Hold on, Mr. Bell. Get Ms. Plumlee first, if that's okay. Thank you. could you use that was not impervious instead of just using clean asphalt pavers or whatever. I'm sure there's a lot out there that might be available that would be more environmentally friendly than just the usual asphalt. So I would kind of like to hear your answers on that. Sure. And I'm going to defer to Al Gross, our engineer on that. But again, there's a significant electric grid that's going under that big parking lot. So at any rate, Al, you're on mute. Could be good. Can you hear me? Yep. Ms. Plumlee, you're right. There is a colossal amount of impervious surface. And that's going to be fully abated by the fact that we've got over five acres of wetlands planted, of which every drop of water that leaves that impervious surface will cycle through those wetland areas in accordance with the stormwater manuals, and we'll have a quality of water draining from those as clean as it can possibly be made. And I think that will offset nicely the ramifications and the impacts of the impervious surface. And Darby makes a good point at the end of his comment when he states that it's quite the grid of underground electrical conduit network that is proposed. We've seen it. We're designing for it underneath that sea of pavement. And to introduce a water infiltration process through permeable pavement, I think would be counterproductive to the carbon offset as proposed relative to the battery operated vehicles. I also want to point out that one of the benefits of this Greenway floodplain area and the massive amount of land it takes up is an additional cleansing or water quality addition that is provided prior to the introduction of Canerun Creek. there'll be an enormous amount of scrutiny on this from a quality and quantity perspective and i trust and i think you should as well the uh the staffs of the government and the folks and the good folks in georgetown that'll have eyes on this as well as well as the as well as kentucky division of water and i'm willing to bet we'll hear from others this afternoon relative to the quality of Cane Run Creek in general, and that those eyes will be on us as well. And as I always do, anything we produce in and out of this office is available for review and scrutiny by the public, by anybody that has a desire to look at it and scrutinize it from their perspective. That will not be a problem. It has never been a problem in the past, and it won't be a problem with this particular development as well. Thank you. You're welcome. She asked my question, so I'm good. Thank you, Larry. Hey, that's all right. Thank you. Yeah. Mr. DeMoglin? Yeah, I just wanted to clarify on these hours in the vans. I read on the proposal from about 950 to 1050 and every 20 minutes, 345 vans. And is that 150 vans every 20 minutes or what is that? And are these vans, the second question would be, are these vans actually coming back to the facility during the day, making round trips? Or are they gone all day and then coming back around eight or whatever? Just want some clarity on that. I'm happy to answer that. Yeah. So when we, the way that these sites work, and obviously we're pretty early in the process right now, but there are queuing areas. So we'll queue vans up anywhere between 40 and typically 70 vans. They come up to the side of the building. They're loaded with the packages. Then they exit in those waves every 20 minutes. So it's not every van rushing out at the same time. It's the most organized way that we can do it. And then the, I think this, the second part of your, what was the second part of your question as far as. uh the second part was do the are the vans making multiple round trips during the day for sure no really good question so no they're not making multiple round trips so as soon as they exit the facility generally between 10 a.m and noon it's the eight to ten hour delivery route and they return after the evening uh rush and then you know repeat the following day so really the site during you know basically from 12 30 in the afternoon until six in the evening there's There's not a whole lot happening. Thank you. One other question, if I may. Kyle, just curious, what is y'all's footprint? I mean, what is your area that you're covering? Another good question. So these are intended to serve customers within Lexington and the surrounding areas. So a delivery station typically services routes that are about a 30 to 45 minute drive radius. So we're putting it there because there's a lot of demand. Okay. I'm not seeing any other hands raised. Now I'll move over to the – oh, Graham, I'm sorry. I'm sorry, Mr. Graham. I didn't see your hands. Sorry. This is kind of a silly question, but I'm curious. I noticed that there are 323 parking spaces for employees and 700 spaces for fleet vehicles. So are 400 of those vehicles driverless? No, that's a good question, Graham. But what happens is the drivers will come in in their own vehicles and park and then get in their van. So you've got their parking at probably an hour or two in time, both on the front end and the back end. You're going to have both the driver's vehicle and the driver's van there in that parking lot. Does that make sense? Yeah. Ms. Meyer? Thank you. This is directed to I applaud Amazon for its, you know, the electric vehicles and for, you know, solar panels on the building potentially. It's the footprint. It's the entire footprint that, you know, is going to be taken up here. And I've wondered if, you know, corporate has considered trying to take up less land to do what you do. I mean, I'm going back to a comment made earlier on another case about, you know, land is a limited commodity. And so, you know, Amazon is doing some innovative things. And I wondered if there's been any discussion about taking up less land to do what you do. It's a good question. And it's difficult because these sites have a lot of parking because of the vans. So I think what we're trying to do is offset some of that with more sustainable features. So as you mentioned, the EVs, the solar, and then just these facilities in general are part of our plans because it's with sustainability in mind. And the reason that that is, is it reduces the overall vehicles that your package has to travel from the time that you order it to the time that it gets to your doorstep. So if you ever track the package, not necessarily always just from Amazon, but it could be bouncing all over the place and it doesn't seem to make any sense. This is intended to reduce those steps so that it's generally better for the environment. It doesn't address your question as far as could we do something smaller. I suppose we could, but then we would just need multiple sites. And I think what we thought here is we could achieve, at least with the demand today, what we needed from this site. And then that model may change going forward. But it's a well-taken comment. Mr. Powell? So along the lines of Jan's question, in more urban locations where land is more of a premium, are you building parker garages? We have in some cities, yes. I would just note that we have a grocery store in town that built a parking deck on the roof and it's a very progressive move and it's very good for the community we have at the moment I mean we are seeing them in some areas It is quite expensive for us to do that at the moment. But, you know, we're interested in all sorts of ways to deliver packages more sustainably. We're working in some larger metro areas using electric bike deliveries, which is kicking off very soon, where, you know, the rules and regulations allow for it. So it's an evolving process, right? So, you know, we're hoping to be long-term committed to Lexington. And, you know, this site can evolve as Amazon involves and as the community involves. Okay. Good questions, everyone. Great questions. Not seeing any further hands raised. I'm going to have to ask, as someone who's considered purchasing an EV, from approximately 1230 to six, this looks like an enormous capacity to charge citizens' cars. Is that anything in future plans? I think that was your question. Yes, Cal. As far, just so I understand your question, so the demand that we would require from a utility standpoint? No, just, you know, I'm looking on my screen here of the fleet spaces, and I'm assuming they're all going to be electric charging stations for your fleet. And if your fleet's not there approximately 1230 to six, would there be any opportunity for the community to take advantage of the infrastructure of charging stations that we have so limited access to today? Is that anything in Amazon's future plans as a service to the community? So that is a good question. So what we would anticipate in most of these new facilities, we also have what we call an Amazon hub. So that is a location where, let's say, you're not going to be home and you don't want your package on your doorstep. So we can have your package waiting there for you, and you basically come up to it like a locker. You may see it like Whole Foods or something. So in those parking areas, which are not far from where our associates park, those will have the conduit there for EV charging. So it's an interesting point. I don't think we do it now where we let the public do that, but certainly something that could be incorporated in that part of the site for sure. Anthony, also keep in mind that, as I said in the answer to Graham's question, when the vans are gone, there'll be a significant number of employee calls. You do have some security issues and some things like that. All right, thank you. Okay, all right. Great questions. One more round, I'm going to ask again. Maybe, sir. Anthony, are you good to go? All right. This is great. This is great. But before we move forward, I wanted to check and see if there's any citizens that would like to speak on behalf of this application today. You can do so by raising your hand. We have Richard Murphy. Just allowed to talk. Okay. Yeah, thank you very much, Mr. Chairman. I'm Dick Murphy, and I'm representing the Newtown Springs Shopping Center, which is the B6P area to the north of this. Rob Rosenstein is the principal involved in Newtown Springs. And I want to state right off, we are in full support of the zone change. We are in full support of the development. And as you all know from our comments at the subcommittees, our concern was making sure we have a connection between the subject property here and the Newtown Springs Shopping Center to the north. And I want to thank Mr. Turner for working with us and Mr. Martin for working with us as well. I think we've about got that worked out. would it be possible for the staff to put the development plan up on the screen for a moment? I think Mr. Bailey is looking into that right now. Okay, thank you. There you go. Yeah, and this doesn't appear to be the latest development plan. I'm looking for the notes about the connectivity to the site to the north there. there the colored up one would work i think yeah okay and if you could there you go you got it right right where right where i need it well you did for a second there there you go and our as you know connection is important because if we don't have a connection point people wanting to go from this property to the shopping center would have to drive through a residential subdivision or else go out to Newtown Pike or vice versa. On the current development plan, as you can see, right above the arrow on the Newtown Springs property, there's a note that says possible future connection to Newtown Springs LLC. There's also one farther to the back right there saying it says same thing. Now, the one in the back probably won't work because that's where the retention basin is located as Mr. Bailey has mentioned. But going back to the one in the front, that's the one in the front toward Newtown Pike is the one that we think is the most likely to work due to the grade and terrain. We just have one or a little change we'd like to propose to that note and I think it's agreeable to everybody and that is to take out the word possible and just leave it as future connection to Newtown Springs LLC, but add a clause to that saying that it is the exact location will be determined at the final development plan. And the reason we want the word possible taken out is just somebody in the future, you know, possible could say, well, possibly you get a connection and possibly you don't get a connection. We just want to make it clear that there will be a connection. and adding the phrase to the end that it will be the final location will be the exact location we determined at the final development plan stage. So we think that that would answer our concerns. And I know I did talk to Mr. Martin. I think he was agreeable to that. I think Mr. Turner said he was generally in agreement with that. So with that, I just want to tell you we appreciate the staff. Mr. Turner worked with us. And as I said, we're in support of their development and their zone change. Thank you. Thank you, Mr. Murphy. Mr. Martin. I would add that on your staff report, in your Google Drive, condition number eight, state just that. So it was already an aspect of your staff report. We will need to strike the word possible from the note, but that's exactly what condition 8 does address. We're fine with that. Yeah. Thank you all very much. It's fine. Thank you. Not seeing any others, so I will bring this back. Staff, do you have anything additional? I don't believe that we do. I think the conversation has been fairly in line with what staff and the applicant have been discussing over the past couple of months. And staff stands by our recommendation with one modification of removing possible from that denote. And adding Dick's caveat. That is the exact location. That is outlined in condition number eight. Yeah, that's right. Okay, we're good. Yeah, okay. Thank you. All right, we'll close this out and bring this back to the commission for any further conversations or discussions, statements, or we have a couple of motions here that we would need to take. So the floor is open. I'll make a motion if we're ready. I think we are, Mr. Poe. I'd like to move to approve PLN MAR 2014, Exeter Newtown Land, LLC. Okay, we have a motion. Do we have a second? Second by Mr. DeMoblin. Any discussion to that motion? I see any. Mr. Wilson, you? No, I'm okay. Oh, okay. You moved your microphone. Sorry. Ms. Plumlee, did you have your hand raised? Yes, I did. Thank you. I would like, hope that the applicant would consider, if this goes forward, that the parkland, So Greenway area that should the city end up holding that, that the applicant would provide a dedicated maintenance fund for that. I would hope that might be a consideration. And this has been an interesting discussion about a zone change. But I think the real colossal baggage will be the development plan because there are a whole lot of issues there. Thank you. Thank you. All right. With that, we do have a second to that motion. All in favor, please raise your hand. Okay. Unanimous. All right. Mr. Polo, are you going to continue on? Sure. I'd like to propose or I'd like to move to approve MJDP 2068. I guess that's all I need to say. Oh, thank you for the 13 conditions recommended by staff. All right. Thank you. We have a motion. Do we have a second to that motion? Mr. Bell? Thank you. Second. Oh, okay. We got Mr. Bell this time. I'll give Mr. Wilson next. Sorry. No problem. Do we need to specify removing the word possible from the note? We got it. Yeah, I think we'll remember. Yes, we have it. Two weeks. It's documented. Tracy Jones is here. We have it. and Tracy Wade. Okay. Any discussion to that motion? Not seeing any. All in favor, please raise your hand. Okay. Unanimous. And Mr. Pol, I think you have a waiver. There you go. I need a motion on the waiver. I had to make sure I had it. Thank you, sir. I'm looking for the waiver. Yeah, it's a lot. Can we help them, staff? Do you have... Yes, sir. There are the waivers that recommends approval with two findings and six additional requirements. Conditions. So I'll make a motion then. Move to approve the waiver for PLNM JDP 2068 Lexmark International Corps with the six conditions recommended by staff. All right. Thank you. And the two findings. And the two findings. Thank you. Do we have a second to that motion? Second by Mr. Bell. Any discussion? Seeing none. All in favor, please raise your hand. Okay, motion passed. Can I make a comment? Yes, I was going to make one. No, you go ahead. You may say what I'm going to say anyway. I want to thank both the staff and Mr. Turner and your delegation for the work on this. This is the way that large development plans and large zone changes work the best. when most of the problems are worked out so we don't have to try to work them out on the fly. And I want to congratulate both the staff and the applicants for their work on this because it's exemplary and I know it will be done. Thank you very much. Second. Thank you all very much. Thank you. Thanks to the staff. Appreciate it. Thanks for bringing in. We definitely need the job. So really looking forward to this. And I'm going to echo what Frankie said, so I won't repeat it. I'm probably third in that line of appreciation from staff and from the applicants and the attorneys. Thank you. Tom, did you want to say something? No. I saw your hand go up. Thank you. Thank you, everyone. Thank you all. Thank you all very much. We appreciate it. Appreciate your attention. All right. Bye. So we're going to move on to commission items. And we have an appointment to the exaction appeals committee. I guess it's my potential nomination. I was thinking about asking Mr. Davis. He looks real. He looks like you're ready. Oh, no, he's shaking his head. Geared up for it. I was told it meets twice. You know, it's not met since I've been the manager, and typically the director handles those meetings. So Jim may know the last time they met. Mr. Chair, they've not met in at least, well, it's been a number of years. There's the Exaction Credit Advisory Committee that meets more often. The appeals committee, not so much. So I think this would, it would be safe to say this is a one, one time appointment. And then the next time they needed to meet that person, we could, we could do it again. So this is not a big commitment, but we do, we do have a potential appeal coming. And so we do need to fill that committee with a member of the planning commission. Mr. Chairman, Mr. Chairman, if you, need me, and it's that kind of commitment of possible once a year or five, once every five years or ten years, okay, I'll make time. I was throwing you a snowball, man. You can hit that. I realized that after I was shaking my head, I thought, no, this is actually a gift, and I appreciate it. I wasn't setting you up for the kill. I would be glad to make a motion to nominate Mr. Davis to the position. Okay, we've got a motion and a second to nominate Zach Davis to the Section Appeals Committee. All in favor, please raise your hand. Mr. Davis, we'd be happy to communicate about that process and the information we need to get up to. Thank you so much. Thank you. Notice in the mail, Larry. Also, Mr. Davis, you'll be getting some communication from Craig Benz. he is the administrative officer who oversees the exaction program out of the mayor's office so you may hear from him before you hear from us again on this alrighty thank you that does come with an additional eight hours of CEA here doesn't it stop it I thought I was finished for 2020 and 2021 I'll do it I'll do anything for Larry for the minister no look Anthony wants to get a place where you can charge up if you will let me be here. But before we move on, I know Ms. Plumlee had reached out to me yesterday and I spoke with Mr. Duncan as well, so I want to give her an opportunity to speak to the members. So Ms. Plumlee? Thank you, Mr. Chair for the opportunity to speak here. And what I would like to kind of bring up to date is information regarding the farm employee dwelling unit soda. We passed that, and before we passed it, we had a work session, and we kind of got bogged down in that work session in that we didn't really finish it, I think, because we didn't address how many units would be on, for example, 40 acres and additional acreages, and whether that acreage would be where those units would be houses or mobile homes or whatever. So if someone from the staff could kind of bring us up to date on that, I would appreciate it. Mr. Chair, I'll be happy to say something about that. And certainly Tracy can help us fill in anything. okay uh uh miss miss plumley is right you all may be aware that uh the real land management board has has uh offered up some additional uh changes to the tenant house uh text amendment that that the planning commission and the council have approved already uh some of those were that we had discussed with you during the process and that's what miss plumley is referencing that we We talked about the resolution of some of these issues, but we didn't see that that didn't end up being in the final report. So the Rural Land Management Board would like to see some more work done on that. And they have been talking to members of the council about it, and they've talked to the staff and some members of the Planning Commission. And so what we'd like to do is bring their thoughts and recommendations along with our own analysis of that to you at a work session later this winter. And that would be the ordinary process for a text amendment is that we discuss them in a work session. We discuss the status. We discuss any proposed text and certainly get your input on what you'd like to see. And then with that input, then we prepare a final text and then go through the formal process of the text amendment, which, of course, includes notification. It includes review at the committee and then a presentation at a hearing. So what we'd like to what we propose is that we come back to you at the February work session with this. And there may be another issue in the agricultural zone related to an industrial use that we'd like to talk about as well, just just so that we're talking about uses that are proposed in in the in the agricultural zones in concert. That doesn't mean that one relates to the other, but it does show the impact in the agricultural zones. So we come back to you in February with that discussion and take your input. And certainly in the meantime, if you had any thoughts on it, we'd be glad to take that as well. And if we are reaching consensus and ready to proceed, then we could start the formal hearing process as early as April through committee review and then the planning commission hearing on that. Get it to council in May and certainly have that wrapped up before the end of spring if council chooses to do so. So that's where we are, Mr. Chair, Ms. Plumlee. We certainly are aware that this is of interest to certain members of the community, and we are prepared to bring this to you all and have a discussion about it. Thank you. yes ma'am uh i i just wonder if we could bump it up to begin in january well i would agree with that i would agree with miss plumbly i'd like to see this sooner rather well the reason why we said february is because the council has now three items for us that they want us to look at electronic signs this item this is not formally from the council however we know council is interested in it and and then the the issue of the industrial use in the rural area so-called solar farms those are three items and with the with the electronic signs having been on their agenda first so we're really trying to bring those to you in the order that the Council has expressed interest in them. We think that because we haven't had a work session in November or December, that in addition to the electronic signs, we will have other comprehensive plan work ZOTAs that we'll want to bring you up to date on in January. So that's why we propose the February meeting for that. Thank you. Okay. And also, Mr. Penn. I just want the commission to be aware and I thought some stuff about this the solar farm issue is kind of like an expression if you're not careful you're going to be on the wrong side or right if that means anything to you let me try to explain that to you and other counties are joining us specifically Clark, Bergen, and that's the two I know the best. They are pushing so hard for this and signing contracts and setting it up that there's a good chance that there'll be a bill that needs initiated in January, which meant it would be taken up February and March in the General Assembly that would address this issue of solar panels, solar farms, which I condense is an industrial use on AR land, AR property. And I would like for us to have this discussion ahead of that, and the reason for that is that we need to help the state understand that we're not anti-solar. We are, as we like this to be put on marginal land and not priming. and not the land that's what makes Central Kentucky Bluegrass because I think you're going to get tremendous pushback in Fayette County if you even think about land and solar farms on prime land. It'd be tough enough if you did it on marginal land and there's different descriptions of how the state defines marginal land and prime soil land. So for us to not even take this up to February, I'm afraid the state's going to get ahead of us. And then we become, instead of being proactive, we become reactive. And I want us to look at that and think about that because it's something that we haven't dealt with in Fayette County, but there's well over 2,000 acres in Clark County that's ready to sign contracts on this. And there may be a thousand or more right now in Bourbon County. And this didn't start until about the 1st of maybe April. when this company came in. And there are 30 and 40 year leases. I'm just going to be there for a while. I mean, there are huge numbers. And if you haven't seen one, you need to go look at it. Or maybe I'll try to get a picture and send it to you. But I can't imagine Fayette County wanting to promote this on our excess of land. Now, why is this happening? it's because farming right now is so bad that they're they're guaranteeing several hundred dollars an acre for 30 years if you agree to put these things on there and it's not going to change what we do here but it sure don't change the way we look and i just want everybody to be aware of what's going on well and and i'm going to follow up on that i can tell you from personal experience in my vocation, my line of work, that this is moving very quickly, very quickly. And I would like to see this and the other issue, again, just raised sooner rather than later, because the private sector doesn't necessarily wait on us. I would much rather be ahead of this than, like Frank said, reacting. well as a reminder mr chair into the planning commission the planning commission does not have a formal lobby presence for the government that's that's out of the out of the mayor's office the the administration determines the priorities for our lobbyists and how they deal with this and i am confident that this would be something that would be important to the administration uh they if if so they will not wait for input from the planning commission uh they will they will be uh positive and and forthcoming on this as well so uh whether the planning commission takes this up in january or february or at all uh this is still something that i would imagine that would be brought to the attention of the administration and they would be the ones who would be able to formally speak to frankfurt through our lobbyists about this issue okay now mr wilson you had a question i was what i was going to say am i on yes oh well i was going to make a recommendation that probably would get me shot here but i was thinking that if we needed to address this issue earlier is it possible to have a special uh work session call yes mr wilson The free Thursday in December is December 24th. Would you like to make that motion? No. Like I said, I don't want to get shot on it. I think Zach has an appeal hearing that day. That's right. I have a meeting that day. I can't make a motion. I was thinking more or less in the word. I was thinking more in January for a special meeting of some kind. And does it have to be on Thursday if it's a special meeting, as long as we give notifications? Does it have to be on Thursday? No. To answer your question, no, Mr. Wilson. In fact, you all know we have had work sessions at other times as well. So, no, if you all – if this is something that you feel that needs to be acted on quickly and we can't do it all and we need to have another meeting, then we can certainly look at that. May I make a suggestion? Go ahead. so what you're telling me is that your work session in january every item on there rises to the level that it can't be backed up a month so we have to back up a month is that what i'm hearing mr pam what we're bringing to you is just the order that the council has placed on these issues and electronic billboards is something that they have been talking about longer than they've been talking about tenant houses or solar farms. And so that's why we, and that's an active committee also that's working on a text amendment to bring something forward. So that one's, as far as legislation goes, that one has more work that's been done on it than these other issues. And so that's why we wanted to bring you up to date on that. What other items do you have scheduled for January? it at this time we'll we that those are the council items that we have and then we will we will sort out where we are with the planning commission with the comprehensive plan text amendments and see which ones are ready for your review those those committees those staff committees continue to meet through through December so we'll know better at that at that point what's ready for you all to discuss well you've heard our concerns all we can do is request and I hope you will hear our concerns. Thank you. All right. Thank you. Thank you. With all due respect to the hardworking staff, I'd like to throw out a motion that we do address the solar tenant farm acreage in January at a work session. I'll second. before we do that we want to have any discussion anybody any discussion to that I'd like to discuss if I may yes you know I respect Mr. Duncan and his leadership very much I respect the issue that exists here from Frank I mean if we think cell tower is an issue you can imagine what solar farms are comparatively so it is a huge issue there's no question about it but I'm led by Mr. Duncan on on the fact that that he's given us guidance on where we kind of fit in or don't fit in within this and I'm always led by Mr. Duncan so I'll just say that as far as urgency if he feels that that there's not it's not urgent that we get together and we have a voice that I respect that but I'll I think well again well you know I'm led by Mr. Duncan personally so that's my that's my position. Thank you Mr. Bell. Anyone else like Miss Meider? You know I understand the time you know there's only so many hours in the day to be working on things but um as has been discussed here you know uh things like this don't wait for us to you know they move forward more quickly than we would like and and you know these issues um the solar and and you know the the you know the number of houses on on farms i think are need need our attention and you know i think this you know i think miss plumley's uh suggestion about it you know, or Mr. Wilson's suggestion about scheduling a work session and, you know, an extra day in January, I'd be supportive of that. Okay, thank you. Mr. Demovelin? I could go either way on it. I'm glad to meet again if it's a need that we need to do, but at the same time, the mayor's office wants to dictate us to have another meeting for it in advance. I can wait for that. Mr. Wilson? I have another suggestion that I'll throw in just for the fun of it. On the days that we do have a work session, is it possible to cover more than one agenda item? In other words, divide it off. We could cover maybe two agenda items, the solar farms and the electronic signs on the same day. Mr. Chair, Mr. Wilson, of course, we can put an agenda together for as long as you all are willing to stay fresh and work with it so we will uh i would commit to you if this is something that the planning commission wants to do in january then we will we will do that for you yes i'm you know mr penn's and mr plumley's point is definitely well taken with me too but i'm also listening to staff and i know that you have a plate of other items it sounds like the mayor is willing to do they're giving you directions which that's direct up. I'm kind of going both ways as well so I'm going to lean on staff to kind of direct my paths here. I would recommend Mr. Chair that because there are two holidays in January, January New Year's Day and Martin Luther King Day that that does cut down the available days so it would be better to adjust the the agendas than it would be to try to add a meeting in January. Okay, I see some heads nodding on that, but I'm not sure. Ms. Plumlee, how do you feel about that? Oh, I think we could do a long sit for one day and do it all one day. I do have a day job, I may not be at that long sit. I mean, it's a commission as a whole. So do we want to split up? Mr. Chair, let me just say, we'll do it. We'll adjust. We'll present the tenant homes and the solar farms at the January work session. You'll get it. You'll get what you want. Okay. I didn't mean to. I hope you're not angry at me as such, but I just wanted to let you know that the Gettysburg Address is only 267 words. The Lord's Prayer is only 167. I doubt if anybody's got anything more important to say than that. We need to wrap this up. Okay. We're going off the air. Yes. We didn't wrap this up. We got a motion and a second by Mr. Davis, if I'm correct, to have this agenda item be on in January. We just don't know the date yet. Is that correct? Yes, sir, we do. It's January the 21st. Okay, the 21st. Okay, sorry. Thank you. I got a motion to second. All in favor, please raise your hand. okay all right unanimous mr dimote been barely pulling his two fingers up okay okay all right thank you don't see anything else uh mr duncan do you have anything else you would like yes just sir just as a reminder that this is a short month for meetings so we will not meet next week on thanksgiving but we hope everyone has a terrific holiday in whatever way you can in this weird time we are in. We will be back together on Thursday, December 3rd for committee meetings. Again, December is a short meeting month, so we'll meet the first three Thursdays, December 3rd, December 10th, and December 17th, and then that will wrap us up for the year. All right, thank you. I'd say definitely I want to have a good Thanksgiving. Be safe, take precautions as you normally would, and I wish everyone a happy happy happy thank you