# Planning Commission Zoning Public Hearing - July 28, 2022 > Auto-transcribed civic record · July 28, 2022 - **Permalink**: https://meetings.lexingtonky.news/meeting/5615 - **Source video**: https://lfucg.granicus.com/player/clip/5615?view_id=14&redirect=true - **Date**: 2022-07-28 - **Last revised**: July 28, 2022 - **Length**: 7,534 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Planning Commission convened on July 28, 2022, at 1:30 PM in the Council Chamber on the second floor of the LFUCG Government Center at 200 East Main Street in Lexington, Kentucky, with Larry Forester presiding as the meeting officer. The commission addressed three agenda items during the session, including the approval of meeting minutes, postponements and withdrawals, and a zoning map amendment request from Artisan Apartments, LLC. The commission conducted eight motions and votes throughout the meeting, with the primary business item—the Artisan Apartments zoning map amendment—receiving approval. One member of the public provided comments during the public comment period. The meeting successfully completed its scheduled business with the approval of minutes and the zoning amendment request. ## Attendance The following individuals were present at the July 28, 2022 meeting: **Present:** • Larry Forester • Frank Penn • Zach Davis • Judy Worth • Robin Michler • Bruce Nicol • Graham Pohl • Ivy Barksdale • Jan Meyer • Anthony de Movellan **Absent:** • Headley Bell **Late Arrivals:** • None Ten members attended the meeting, with one member absent. No late arrivals were recorded. ## Votes and Decisions The commission took action on eight items during the July 28, 2022 meeting, with six postponements and two approvals. **Meeting Minutes Approval** [timestamp: 00:30] Judy Worth motioned to approve the minutes from the June 23, 2022 meeting, seconded by Anthony de Movellan. The motion passed with 9 ayes and 1 abstention. **Postponements** The commission unanimously postponed five zoning and development items: - **PLN-ZOTA-22-00012** [timestamp: 10:00]: Zach Davis motioned to postpone an amendment allowing concessions and lighting with outdoor recreational facilities in the Agricultural Rural (A-R) zone, seconded by Graham Pohl. Passed 10-0. - **PLN-ZOTA-22-00008** [timestamp: 15:00]: Davis motioned to postpone an amendment allowing stadiums in the Economic Development (ED) zone, seconded by Frank Penn. This passed 7-3 on a roll call vote, with Larry Forester, Frank Penn, Zach Davis, Judy Worth, Robin Michler, Bruce Nicol, and Graham Pohl voting in favor. Ivy Barksdale, Jan Meyer, and Anthony de Movellan voted against. - **PLN-MJDP-21-00055** [timestamp: 20:00]: Penn motioned to postpone the Shriners Hospital / Masonic Temple Association development plan, seconded by Worth. Passed 10-0. - **PLN-MJDP-22-00035** [timestamp: 25:00]: De Movellan motioned to postpone The Fountains of Palomar development plan, seconded by Meyer. Passed 10-0. - **PLN-ZOTA-22-00006** [timestamp: 30:00]: Davis motioned to postpone an amendment creating the Planned Unit Development (PUD-3) zone, seconded by Worth. Passed 10-0. **Approvals** Two related Artisan Apartments items were approved unanimously: - **PLN-MAR-22-00010** [timestamp: 45:00]: Penn motioned to approve the Artisan Apartments, LLC zoning map amendment, seconded by de Movellan. Passed 10-0. - **PLN-MJDP-22-00032** [timestamp: 50:00]: Penn motioned to approve the Hillenmeyer Property East (Artisan Apartments) development plan, seconded by de Movellan. Passed 10-0 with conditions removing items #12 and #13 and changing #11 to "resolved." ## Public Comment One member of the public addressed the board during the public comment period. **Brittany Rothemeier** [timestamp: 10:00], executive director of the Fayette Alliance, spoke regarding the zoning ordinance text amendments on the meeting agenda. Rothemeier requested that the board postpone consideration of these amendments for 60 days due to scheduling conflicts anticipated in August. She did not elaborate on the specific nature of the scheduling conflicts or provide additional details about the Fayette Alliance's concerns with the proposed zoning changes. No other members of the public provided comments during this portion of the meeting. ## Contested Items The primary contested item during this meeting involved the timing of proposed zoning ordinance text amendments, which faced significant community opposition. **Postponement of Zoning Ordinance Text Amendments** The main point of contention centered on the scheduling and timing of zoning ordinance text amendments that were under consideration. Community members expressed substantial opposition to moving forward with these amendments according to the original timeline, citing concerns about the rushed nature of the process. The disagreement involved community stakeholders who felt they needed more time to review and provide input on the proposed changes to the zoning ordinance text. The nature of their opposition was primarily procedural, focusing on the timing rather than necessarily the content of the amendments themselves. In response to the community pressure and expressed concerns about adequate time for review and public input, the governing body agreed to postpone consideration of the zoning ordinance text amendments. The postponement was set for a 60-day period, which would allow additional time for community review, feedback, and potentially further revisions to the proposed amendments. This outcome represented a compromise that acknowledged the community's concerns about having sufficient time to engage with the proposed zoning changes while still maintaining forward momentum on the amendments process. The 60-day postponement would provide stakeholders with the additional review period they requested while establishing a clear timeline for when the matter would return for consideration. *Note: Specific transcript timestamps were not available in the provided source materials for this meeting.* ## Approval of Minutes [timestamp: 00:30] The commission reviewed the minutes from their June 23, 2022 meeting for approval. Judy Worth participated in the discussion of this agenda item. The minutes were approved by the commission without any recorded concerns or amendments to the document from the previous meeting. ## Postponements and Withdrawals [timestamp: 10:00] The commission reviewed requests for postponements and withdrawals of various zoning ordinance text amendments and development plans during this agenda item. The discussion was led by key speakers Vince Gabbert and Brittany Rothemeier, who presented the status of pending applications and requests for schedule changes. The item served as an informational update to the commission regarding cases that would not proceed as originally scheduled. This administrative discussion allowed the commission to formally acknowledge which items were being postponed to future meetings or withdrawn entirely by applicants. The session provided transparency regarding changes to the commission's upcoming workload and helped ensure proper notification of schedule modifications to both commissioners and the public. No formal action was required, as this was purely an informational item to keep the commission apprised of current case status changes. ## Artisan Apartments, LLC Zoning Map Amendment [timestamp: 45:00] The commission reviewed a zoning map amendment request from Artisan Apartments, LLC to rezone property from a Wholesale and Warehouse Business (B-4) zone to a Planned Neighborhood Residential (R-3) zone. Key speakers during the discussion included Daniel Crum and Tom Martin, who presented details about the proposed rezoning. The amendment would allow the property to transition from commercial warehouse use to residential development under the planned neighborhood residential designation. The R-3 zoning classification would permit higher-density residential development compared to standard residential zones, making it suitable for apartment or multi-family housing projects. This represents a significant change in the intended use of the property from its current B-4 designation, which allows for wholesale and warehouse operations. The commission ultimately approved the zoning map amendment, allowing Artisan Apartments, LLC to proceed with their residential development plans under the new R-3 zoning classification. --- ## Decisions - **Motion** — passed (9-0): Approval of the minutes of the June 23, 2022 meeting - **PLN-ZOTA-22-00012** — postponed (10-0): Postponement of amendment to allow concessions and lighting in conjunction with outdoor recreational facilities in the Agricultural Rural (A-R) zone - **PLN-ZOTA-22-00008** — postponed (7-3): Postponement of amendment to allow stadiums in the Economic Development (ED) zone - **PLN-MJDP-21-00055** — postponed (10-0): Postponement of Shriners Hospital / Masonic Temple Association of Lexington Kentucky development plan - **PLN-MJDP-22-00035** — postponed (10-0): Postponement of Hoover & Ford Philpot Evangelistic Association Property (The Fountains of Palomar) development plan - **PLN-ZOTA-22-00006** — postponed (10-0): Postponement of amendment to create the Planned Unit Development (PUD-3) zone - **PLN-MAR-22-00010** — passed (10-0): Approval of Artisan Apartments, LLC zoning map amendment - **PLN-MJDP-22-00032** — passed (10-0): Approval of Hillenmeyer Property East (Artisan Apartments) development plan --- ## Full transcript Oh, yeah, I've never seen anyone looking so fine Man, I gotta have her, she's a one-of-a-kind I'm going once, going twice I'm so good, lady in the second row She's a 8, she's a 9, she's a 10, I know She's got ruby red lips, blonde hair, blue eyes And I'm about to bid my heart goodbye That's the girl what you want it to be She said, baby, can't you see I want to be famous, I start to scream But you can do something in between Baby, you can drive my car Yes, I'm gonna be a star Baby, you can drive my car And baby, I love you I told that girl that my prospects were good She said, baby, it's understood Working for peanuts is all very fine But I can show you a better time Baby, you can drive my car Yes, I'm gonna be a star Baby, you can drive my car And maybe I love you Beep, beep, beep, beep, yeah Baby, you can drive my car Yes, I'm gonna be a star Baby, you can drive my car And baby, I love you I told that girl I could start right away And she said, listen, babe, I got something to say I got no car and it's breaking my heart But I found a driver and that's a start Baby, you can drive my car Yes, I'm gonna be a star Maybe you can drive my car And maybe I love you Beep, beep, beep, beep, yeah Beep, beep, beep, beep, yeah Beep, beep, beep, beep, yeah Beep, beep, beep, beep, yeah The End I'm sorry. I'm out of the street. Sir, can you help me? It's cold and I know where to sleep. Is there somewhere you can tell me? He walks on, doesn't look back. He pretends he can't hear her. Starts to whistle as he crosses the street. Seems embarrassed to be there Oh, think twice Cause it's another day for you Me in paradise Oh, think twice Cause it's another day for you Me in paradise Think about it She calls out to the man on the street He can see she's been crying She's got blisters on the soles of her feet She can't walk but she's trying Oh, think twice Cause it's another day for you and me in paradise Oh, think twice It's just another day for you You and me in paradise Just think about it Oh, Lord Is there a way more anybody can do Oh, Lord There must be something you can say You can tell from the lines on her face You can see that she's been there Probably been moved on from every place Cause she didn't fit in there Oh, think twice, it's another day for you and me in paradise Oh, think twice, it's just another day for you You need paradise Just think about Think about it It's just another day For you and me In paradise It's just another day For you and me In paradise Paradise Paradise Paradise Just think about Paradise Just think about Paradise Paradise Paradise Paradise We're just about to get you by. We're just about to get you by. All the way down they can hear me coming The boat's about to drop you up to no more And I smell my motorbodies underneath the hood of smoke Can't stop and I can't stop Gotta keep moving on to my mind Oh, I can't find an highway Oh, I can't go to our way Oh, I can't go to our way Oh, I can't go to our way I bet the soul got his eyes on me Nobody's thinking that it ain't good Moving so fast he can barely see me Don't lose that hand I know I should I got a kick in my pedal Makes it fall through the little bit faster I can't stop and I can't stop Gotta keep moving over my mind Oh, running out of the way Oh, running out of the way Good Lord now Oh, running out of the way Oh, I can't go away. Oh, I can't remember. Oh, la-la-la-la-we Oh, la-la-la-la-we Oh, la-la-la-la-we Thank you. So long, I've been looking too hard, I've been waiting too long. Sometimes I don't know what I will find. I only know it's a matter of time. When you love someone, when you love someone, It feels so right, so warm and true I need to know if you feel it too Maybe I'm wrong Don't you tell me if I'm coming on too strong This heart of mine has been hurt before This time I want to be sure I've been waiting for a girl like you to come into my life I've been waiting for a girl like you and a love that will survive I've been waiting for someone new to make me feel alive Yeah, waiting for a girl like you to come into my life. But you're so good when we make love. That's understood. It's more than a touch or a word we say. Only in dreams could it be this way. When you love someone. Yeah, I really love someone. I know it's right. From the moment I wake up Deep in the night There's nowhere on earth That I'd rather be Than hoping you tenderly I've been waiting For a girl like you To come into my life I've been waiting For a girl like you In a love that will survive I've been waiting For someone new To make me feel alive Yeah, waiting For a girl like me To come into my life I've been waiting Waiting for you I've been waiting for you I've been waiting Won't you come into my life It's a way I had nothing to do on this hot afternoon But to settle down and write your line I've been mean and tough on you But from Minnesota Yeah, and it's been a very long time You wear it well A little old fashioned But that's all right Well, I suppose you're thinking I bet he's sinking Or he wouldn't get in touch with me Though I ain't begging For losing my head I sure do want you to know That you wear it well There ain't a lady in the land so fine Oh, man Remember them Facebook parties Your brothers karate Your all-day rock and roll show They're the homesick blues and the radical blues I haven't left a mark on you You're wearing well A little out of time that I don't mind But I ain't forgetting that you were once mine But I blew it without even trying Now I'm beating my heart out Trying to get a letter to it Since you've been gone, it's hard to carry on I want to write about the birthday gown That I bought in town When you sat down and cried on the stands You knew it didn't cost the earth But for what it's worth You made me feel a million men And you wear it well Madam O' Nass has gotten up no need more love And when my coffee's cold and I'm getting told that I gotta get back to work So when the sun goes low and you're home all alone Think of me and try not to laugh And I wear it well I don't object if you call me last Cause I ain't forgetting that you were once mine But I would, did I even try? Now I'm beating my heart out Trying to get back to you I love you, I love you, I love you, I love you Oh, yeah. After all the air, so it's the same as you. Since you've been gone, it's hard to carry on They used to tell me, boy, you ain't going nowhere With your cheap guitar and your big long hair You gotta realize all your responsibilities You gotta get out to work and face reality You gotta get up in the morning, take your heavy load And you gotta keep going down the long black road I'm Black Road So I drifted for a while down the road to ruin I couldn't find my way, I didn't know what I was doing I saw a lot of people coming back the other way So it kept on going when I heard them say You gotta get up in the morning, take your heavy load And you gotta keep rolling down the long black road Long black road Long black road Long black rub Long black rub Hey! Long black road Long black road Made a lot of money, I was making quite a mess But then you told me money wouldn't bring me happiness You gotta work like a man in a real man's life You're gonna have to take all the trouble and stride. You gotta get up in the morning to go heavy load. And you gotta keep going down the hood. Long black road. You gotta get up in the morning to go heavy load. And you gotta keep going down the hood. Long black road. You gotta get up in the morning to go heavy load. And you gotta keep going down the hood. I'm Black Blood. I'm Black Blood. I've been cheated by you since I don't know when So I've made up my mind, it must come to an end Look at me now, will I ever learn? I don't know how, but I suddenly lose control. There's a fire within my soul. Just one look and I can hear a bell ring. One more look and I forget everything. Mama Mia, here I go again. My, my, how can I resist you? Mama Mia, does it show again? My, my, just how much I miss you There's nothing brokenhearted New since the day we parted Why, why did I ever let you go? Mamma mia, now I really know My, my, I could never let you go I've been angry and sad about things that you do I can't cut all the times that I told you through And when you go, when you slam the door Why don't you know that you want me away too long You know that I'm not that strong Just one look and I can hear a baby One more look and I forget everything Mama Mia, here I go again My, my, how can I resist you? Mama Mia, does it show again? My, my, just how much I miss you Yeah, something broken, honey Blue since the day we parted Why, why did I ever let you go? Mamma mia, even if I said I might be me now and ever Mamma mia, it's a game we play Mamma mia, it doesn't mean forever Mamma mia, here I go again My, my, how can I resist you? Mamma mia, does it show again? My, my, just how much I miss you? Yes, I've been brokenhearted Lose since the day we parted Why, why did I ever let you go? Mamma mia, now I really know My, my, I could never let you go Thank you. Here's something from us. Nice. And easy. But there's just one thing. You see, we never, ever do nothing. Nice. Easy. We always do it. Nice. And rough. But we're going to take the beginning of this song. And do it. Easy. But then we're going to do the finish. Rough. It's the way we do. Proud Mary. And we're rolling. Ooh, rolling. Ooh, rolling on the river. Listen to the story. Left a good job down in the city. Thank you. Good afternoon, everyone. I'd like to call this meeting to order, it's now 1-31-July 28th, 2022. Welcome to the Zoning Items Planning Commission meeting. We're first up on the agenda, agenda item two. We have approval of minutes, and this is the June 23rd, 2022 minutes. The floor is open for a motion for the approval of the June 23rd minutes. Ms. Worth? Mr. Chair, I move for approval of the minutes of the June 23rd, 2022 meeting as submitted. Thank you. We have a motion. Do we have a second to that motion? Second. Seconded by Mr. DeMovlin. Any further discussion? Once Granicus gets ready, we can all vote via Granicus. Mr. Chair, I believe we're having trouble with Granicus and we're seeking help for that, so let's go manual for now. So raise of hand, okay, so raise of hand for approval. Motion passes unanimously. Thank you Mr. Duncan. I abstain. You abstain? Yes. Thank you very much. Thank you. Thank you. Agenda item three, postponements and withdrawals. Mr. Chairman, if I may, my name is Vince Gabbert with the Lexington Sporting Club. I'm actually here for on behalf of Anderson Communities and Mr. Murphy. Mr. Murphy's under the weather. week and so we have two items on the agenda for later on that we'd like to postpone the first one the zota request regarding the fields with concessions and lights in the ar we'd like a indefinite postponement for that agenda item and for our second agenda item the approval the the text amendment change for adding stadiums in the ed zone we would request a postponement to the next most available meeting at August 11th. Hopefully Mr. Murphy will be feeling better by then. And we're ready to proceed on that issue, Mr. Chairman, and would like to do so as quickly as possible. Thank you, thank you. Before you sit down, commission members, do we have any questions for the applicant? Anything? I do. Okay, Mr. Penn? Mr. Gabbard, with your indefinite postponement, then we leave the request for the Zoda intact? What is the question? The indefinite postponement on the fields to leave that intact? Yes. You want to leave the Zoda tax amendment intact? Okay. I'm not seeing any. Commission members, okay? Is anyone in the audience who would like to speak? Yes, Ms. Rothenmeier. Thank you, Chair. Good afternoon, members of the Planning Commission. As my name is Brittany Rothmeier, Executive Director of the Fate Alliance. And understanding the insinuating circumstances that has led to these two ZOTAs being postponed, Fate Alliance is one of the primary objectives to both of the ZOTAs. And due to the fact that we had so many of our constituents and supporters ready to testify here today, and because of scheduling conflicts in August, we would recommend and request a 60-day postponement of the ZOTAs to be heard, because we feel we'd be at a significant disadvantage should it take place in August, based upon scheduling, based upon vacations and everything like that, that so many supporters and constituents would not have the opportunity to testify to these issues. So we submit that for your consideration. Thank you. Thank you. All right, not seeing anyone. Yes. Yes, commission members, we can bring it back. Any further discussion or a motion for the postponement? Yes, we have two dates that was brought up. But staff, do you have a recommendation? Mr. Chair, the staff is not available on August the 11th to present this. We are available on August 25th or at the meeting dates in September. All right, thank you. Mr. Chairman, if I may, we would be satisfied with August 25th and we'd be ready to present and have everything ready for your all's consideration. Okay, thank you. We bring it back to the commission. Mr. Chairman, I'll make, I suppose, two motions. Just hold on one second. I think Mr. Nickel, did you have your eyebrows raised? I thought you wanted to say something. That guy had a question. Okay, go ahead, Zach. Mr. Chair, if I may, I will report to Terry in a second. Have a discussion on it. If you want to have a discussion, but Mike, can I please do something? And we can have a discussion right now if we need to. Yes, Mr. Nichols. I would like to see this as quickly as possible. I'm concerned about conference of plan and the issues that are going to come with the conference of plan. We've got a bunch of new members that are participating in this process. I'm pretty much a new member in this process because I only came on a year before. So I think we need to find a way to, I'm looking to staff, we need to find a way to get all this done. It seems like we have a lot on our plate. I don't know the best way to do it, but I would err on the side of as quickly as possible, considering the amount of work we have to do in the upcoming six months. Okay. Thank you. Thank you, Mr. Nick. Yes, Zach. Go ahead. Robin. Zach. I'm just a little bit, the portion that is, so what is the, I'm a little bit confused on why we're separating out a portion for, we would be postponing sort of indefinitely and then another portion where we'd be scheduling and why we wouldn't be putting them on the same schedule again. I'm just sort of. Yeah, I think that is a question for the applicant as to why they would separate this application, one for postponement indefinitely and the other one for postponement to a certain date in the future. So a couple of matters. They are completely separate issues, even though we had tried to pair them together. As some of you may have seen today, we've actually announced from our club that we are not going to be seeking, going forward, the recreational fields, the youth fields that we had planned in the AR. So we are looking at alternate sites for the much-needed youth fields that we have. But the stadium is something that we still need to progress as quickly as possible. because we have league requirements and things that we're doing. Our men's professional team will actually start next spring in an alternate location. But from a timing standpoint and to try to meet some of the league demands, we want to continue as quickly as possible on the stadium piece. That's why I ask you the question of the indefinite postponement, because what I don't want us to do is to wake up here two months down the road and all of a sudden we're back in the same place again because the text amendment has just been indefinitely postponed. So I would like to give this body to have some type of assurance that we won't go down the road two months and be right back in the same place we were and reactivate this text amendment. I can't speak for Mr. Anderson, but from our standpoint, Mr. Penn, the sporting club does not intend to proceed with any fields that we would use on that site. Okay. Well, that was my reason for doing that. Yes, sir. Because I really hate to leave that open-ended, given where we are right now. I just want to say that. I've got a quick question for the applicant. I've got an answer to a lot of people that have kids in soccer, youth soccer. Are the soccer, proposed soccer fields going to be closer than Elizabethtown? We hope. I would tell you we've got a lot of outreach from neighboring communities that if we need a home that they'd help find us one. In the meantime, we have contracts in place with the existing fields that have already been used at Masterson and the Horse Park and LCA, as well as a few additional ones that we tried to cobble together. But we're still a ways off on finding a permanent spot for our youth program at one location. Okay, thank you. Can I ask one question? Yes, Ms. Werff. I know a lot of people have vacations in the end of August. Are we going to have a quorum? Anybody can speak to that whether you're going to be here or not? I mean, can't count on the vacations, but Lord can take us any time. That's true. right everyone matter much yeah i'm not hearing anybody say they're not going to be here i'm not i'm not going to be here i'm not planning to be here um and um i you know as far as the comp plan you know i i think that um you know i think in our last work session we've kind of put that on the table until we we have other things that come forward and we're not expecting those until, from my understanding, the end of September. So I know we've got a lot of work ahead of us, but I think that this has to be a conversation that all the people who want to participate should be given the opportunity to participate. I would support a September date as well. I would like for us to do this because this is a community situation right now. And we have done enough damage to our brand and the damage to the city that I don't want to have just barely a quorum here to make this decision to go to the council. And if we could put this into September and more of us could be there, then I think it makes a stronger case for whatever we decide. And by you pulling this thing out, then we'll focus on the ED part for that, and we'll try to do it the best we possibly can. But I don't want to have a six-person quorum here and make this decision because I don't know of another text amendment in my time here that's had as much attention as this one has, right or wrong. That's exactly what's happened. And so I really think we need to start trying to come together and start to be divisive. And I just think September, the last September date, it's not good. Last August. Mr. Yeah, I'll just say I'm going to be here. My kids are starting school. I read the 70 pages. I was ready today. I can speak to the group that's working that will be coming with the recommendations for the goals and objectives. We're tentatively scheduled to finish September 28th, so I don't think you'll be seeing it before then. Mr. Chairman, if we could do the earlier September date rather than the later September date, if we have to go into September, our preference is, of course, August 25th, But if assuming staff is available, Mr. Bailey, that works with he and Mr. Duncan. Okay. So we have September, I think the early September 8th is the next. That would be fine, sir. Okay. Yes, Ms. Roethlmeyer. Could I speak to that as well? And I completely understand the difficulty in establishing one of these dates. I would also note that the Keeneland sale begins that weekend of September. Horses are shipping in. A significant amount of attention has come to this issue from the equine community. The September sale that begins that weekend, and again with horses shipping in around the 8th, is the largest thoroughbred sale in the world. And as a result of that, so many folks, not only just in our equine community, but in other communities as well around Lexan Fay County are significantly busy during that time with all sorts of different activities. And again, because this is such a large community issue that really touches not just the equine, not just the agricultural parts of our community, we think it's essential to take that into consideration when we're talking about scheduling. People want to make their voices heard because of the critical nature of this issue that I think touches all aspects of our community. And so we would request the late September hearing date, which I believe is the 22nd. And I apologize that I don't, I believe it's Thursday the 22nd or maybe the 23rd, but I submit that for your consideration as well. Thank you. Mr. Duncan? Mr. Chair, that date is September 22nd. The 20th, so we have? 22nd. Okay. So we have an ask for an applicant for the eighth, and we have an ask for the opposition for the 22nd. Right. That's the way, what I'm hearing. But now I'm bringing it back to commissions. The floor is open for a motion. Mr. Chairman, two motions. I move to indefinitely postpone PLN ZODA 2212 amendment to Article 8.1 D.13 to allow concessions and lighting in conjunction with outdoor recreational facilities in the Agricultural Rural AR Zone. Do you want to take each motion individually, Mr. Chairman? Yes, we would need to. We have to be individually. Yes. Second. So we have a motion. Do we have a second? This is for the concessions and lighting in the rural zone. All right, so we have a second by Mr. Pohl. Any further discussion to that motion? Okay, please vote Villagranicus. Raise. We can do it the old fashioned way. Just don't get mixed up in those. Okay, we'll vote. All in favor, please raise your right hand. Okay, motion passes unanimously. Mr. Chair, before someone else speaks, I will also want to offer for consideration, if the planning commission would like to amend their meeting and filing schedule, you could schedule a public hearing on Thursday, September 15th. We had that presently scheduled for a work session. We could substitute the work session for a public hearing and Just schedule this item on that date if you would like. Okay, thank you. A quick comment on that, that is intriguing because we have a one agenda day and it's going to be a long day. Just a comment that that would be a single agenda day, correct? Or single item on the agenda, which would be the item that we're supposed to do today. That's all we would schedule for that day. So to Ms. Rothmeier, would that get us out of the Keeneland date? It would not, and I apologize. But it's a two-week sale. The last day of the sale is officially Friday, September 3rd. That's why the Thursday, September 20th. Sorry? The last day is? So the Thursday, September 22nd date is the best suited for those in the equine community then I know it's critical that they are able to have the opportunity to speak in opposition. I'm sorry, I meant September 23rd is the last day of the sale if I misspoke. So that's why 922 would be the most appropriate. Okay. I'll make a motion. Thank you. Hold on. Mr. DeMolden? Yeah, when do the sales start? The sale starts Monday the 10th? 12th. 12th. So horses ship in the week before that, which makes the 8th such a difficulty. And then the sale is two weeks with the last day being Friday, September 23rd. If I may, Mr. Chairman, I don't mean to keep interrupting. As a person that used to work at the sales, the book one horses really won't start shipping in until Friday the 9th, with the sale starting on that Monday. And it's a small amount of horses to ship in on that Friday and Saturday. There'll be a few that will get on the grounds on that Thursday. But September the 8th, from that standpoint, gets us clear of the front end of the sale as well. Yeah, thank you for that. So we're gonna close that portion off, and we're gonna bring it back to the commission, cuz y'all can keep going. Mr. Chairman, may I make my second motion? Yes. I move to postpone PLN Zota 22-8 amendment to Article 23-8-10 to allow stadiums in the economic development ED zone to September 22nd. Okay, we have a motion to postpone to September 22nd. Any further discussion from the commission from that motion? Oh, Mr. David. We're going to try this again on the screen, sir. Oh, okay. All right. Can you, who is our second? Mr. Penn, seconded that motion. And ladies and gentlemen, there was a change on the screen of the motion maker and the seconder on this. we will get that corrected on the back end. So motion passes for September 22nd. We need to. Okay. Thank you. Okay, yes, applicant. Good afternoon, Mr. Chair. Wes Harned standing in for Bruce Simpson this afternoon. I've got a request for postponement on two separate items of the discussion items. The first being item 1A of the discussion items, and it's a request for two weeks, a postponement of two weeks. we've been attempting to coordinate meetings with neighbors and given the summer time period, it's been difficult to get everyone, as many people in the same place as we'd like. So we'd like two weeks of a postponement there on item 1A. You got it, Lou? He wants two weeks postponement. Two weeks postponement? Yeah. Okay, sorry, applicant, I had to. Thank you, Mr. Chair. Technology issues. Okay. Okay, so we have a two-week postponement. Any questions or concerns from staff? I mean, from commission? Get a date. In two weeks. What are we talking about? What's the date on that? What's the date on that report? Is that the August the 11th meeting? August the 11th, 2022. Okay, the floor is open for a motion. Mr. Chairman, I move for postponement of PLNMJDP 21 to the August 11th meeting. Okay. Any further discussion to that motion? If none, please vote via Granicus. Mr. Chair, since we are having some Granicus issues, I would like you to vote both on the computer and then also do a hand raise vote if that's all right. All right. I don't have an option. You got a hand, though, right? No, no, I was telling you at the beginning. I don't have an option to vote on the computer. Thank you very much. That passes unanimously. Thank you, Mr. Chair. Mr. Chair, our second request is item 1B. That's PLN, MJDP, 2235. we're requesting a two-week postponement for the same reasons stated just a few minutes ago trying to maximize the number of members we can have in the same place to meet with them about this development plan. Okay and that's for the August 11th meeting? Yes sir. Okay floor is open Mr. DeMovlin. Sure Mr. Chair I move to postpone PLNMJDP 2235 to August 11th. Thank you. Do you have a second? Second. Seconded by Ms. Meyer. Vote via Granicus and with your raise of your right hand. Motion passes unanimously. Thank you, Mr. Chairman. You all have a nice afternoon. All right. Okay. You know what you do. Mr. Forrester, you had something that you wanted to know for the record. I know. On the motion for PLN Zota 22-8, I voted no, but it didn't pull up, so I just wanted for the record. Thank you. Mr. Cato. Good afternoon, Commissioners. You probably know why I'm here. Zach Cato for the applicant, Turner Property 4. This is item on page four, item C1. That's the planned unit development three text amendment. We continue to make progress, but I've maybe, so where this pink shirt has seen through rose colored glasses and was too optimistic about how quickly we could get this ready for a hearing between COVID and vacations. So we need to request another two week postponement at this time. We're making final revisions on the applicant side now. We're very close. I think we're very close to agreement with what the feedback we've gotten from staff. But we just continue to need a little bit more time. As you know, there's a lot of moving pieces with a PUD application. So we'd like to request a postponement to August 11th. Okay, thank you Mr. Cato. Any questions for the applicant? Okay, floor is open for a motion. I have a question for staff. Excuse me. What is the deadline on their application or the timeline? Thank you, sir. The latest that this case could be heard by this commission without an applicant agreeing or actually asking for a longer postponement is the August 25th public hearing. That is the latest that this commission could act because of the statutory six-month review before forwarding a recommendation to the Urban County Council. And are you prepared for an August 11th meeting, or would that be on? Mr. Davis, the zoning staff will not be available on the August 11th meeting. That's why we couldn't postpone the ZOTAs as well. Good catch. So what is staff's preference in a perfect world? We would prefer August 25th, Mr. Cato. And Mr. Cato, would your client consent to that? Without my client being here to ask, I don't know if they would consent to it, but if zoning staff's not available and if the commission decides that would be appropriate to go on the 25th, we'll be here on the 25th ready to go. And if anything changes in the meantime, I mean, we can, again, but the 25th is the deadline, correct? And so, and we have a meeting on that day, so? That will be perfectly fine if we do the meeting that day, yes. Okay. Yes, we have a full staff. Okay. Well, Mr. Chairman, I move for postponement of PLNZO to 22.6, amendment to article 22, appendix C, to create the planned unit development PUD3 zone to our August 25th meeting. Okay, do you have a motion? Do we have a second to that motion? Okay, seconded by Ms. Worth. Any further discussion? Not seeing any. Please vote via Granicus. Okay. Do you get to vote this time? I get to vote. Thank you, Mr. Kato. Mr. Chair. I do have a question. Yes. You all won't be here August 11th? The zoning staff will not be available. The development staff will be available. Okay, so you all would have stopped me earlier. thank you thank you thank you okay all right does that put us up with mr nicholson thank you i think you're up sorry nick i was ready to get you up there mr chair i do believe that this case is able to be heard in abbreviated fashion we would like to make sure that that is the case if there's anyone in in the audience that would like to have this case pulled for a full review and discussion about PLN MAR 22-00010. They should raise their hand or make known that they're in the audience that they would like to have this case discussed in a full review. Sir, we do not see any hands raised for this and it could be heard in an abbreviated fashion. All right. Daniel Crum, planning staff. The sole item on our agenda here is the request by Artisan Apartments, LLC. This is PLN MAR 2210. And this is a request to rezone 2.22 net acres of 2651 Sandersville Road from a wholesale and warehouse business before zone to a planned neighborhood residential R3 zone. The intent behind this rezoning is in order to establish and construct two multifamily residential buildings. The applicant has identified both a place type and a development type with this application. They've identified a place type of an enhanced neighborhood and a development type of a medium density residential. Staff finds that both of the place type and development type can be appropriate at this location. Zooming into the site itself, here we have the subject property shown in white in the center of your screen. It is located at the intersection of Citation and Sandersville Road in the nearby vicinity of the Masters and Stations subdivision. Zooming in a little bit closer, you can get a little bit better view of the property. The property is currently zoned B4 and is surrounded on essentially three sides by R3 zoning. So we have Masters and Stations subdivision here, the artisan apartments existing, multifamily apartment development here, as well as some B4, B1, and industrial zoning to the south. This subject property has had a history of zoning changes. Originally it was zoned agriculturally until 2005 when it was rezoned to R3 with the intent of it being part of a larger single-family residential and townhouse development. That really never materialized. Approximately in 2016, when this portion of Citation Boulevard was constructed and extended, The subject property was rezoned B4. There was an intent to incorporate it with some of the B4 uses across Sandersville Road here with the intent of developing into office and flex space. That also never materialized either. Approximately in 2020, Sandersville Road was extended to this location, and the Artisan Apartments development adjacent to it was constructed. So the applicant is seeking to reincorporate this property back to R3, back to include it with the artisan apartments development. So here we have an aerial view of the property. Here you can see the subject property. One thing to note, on the graphic here it appears there is two parcels. It in fact is one. It was consolidated. So here you have the subject property, this vacant, undeveloped piece of land. Adjacent to it, we have the Artisan Apartments Multifamily Residential Development, Masters and Station Subdivision here, as well as the self-storage warehouse use. It's the applicant's intent to construct two new apartment buildings, similar in the style and appearance of the existing Artisan Apartments. Two buildings, one fronting along Citation and the other along Sandersville Road, for a total of 48 units. Accompanying this will be associated parking areas as well as additional landscaping and pedestrian connections that we accessed through a driveway located directly across from the self-storage use, and we'll have connections to the interior of the artisan apartments at this location here. within the application, the applicant touches on several ways that this meets the comprehensive plan goals and objectives, namely that this is going to be a context-sensitive, so this is building off an existing apartment development. It will be matching the existing apartment development. It will be adding housing stock, and it will be utilizing a vacant tract of land within the urban service boundaries, all of which are spoken to within the goals of the comprehensive plan. In addition, it touches on some of the policies of the comprehensive plan by utilizing a connected pedestrian-oriented design with safe vehicular connections as well. The design meets criteria for site design, and they have addressed staff's loan concern in the staff report regarding pedestrian connectivity and mobility within the site. Here we have a view of the existing artisan apartments. This is just to give you an idea of the type of design that is proposed. So they will be matching kind of the size, the scale, materials as this existing development. As a multifamily development, they have to meet the multifamily development standards. Staff finds that they do in this instance. They're utilizing an open design that provides connectivity with the rest of development and provides eyes on both the amenities as well as the open space and parking areas. So staff finds that this is in compliance with that. And so staff is recommending approval for the following reasons. One, that it's in agreement with the comprehensive plan's goals and objectives as it is creating that harmonious residential development that is needed by utilizing vacant land within the urban service boundaries. It's in agreement with the comprehensive plan policies by utilizing a pedestrian-oriented design as well as some site-specific items like the location of parking and other site portions. Finally, the justification and development plan are in agreement with the comprehensive plan. It meets our requirements for the site design, building, and form as well as the multifamily design standards. It once again includes these pedestrian facilities and connectivity with the existing development. And the addition of additional landscaping and tree canopy coverage meets requirements for green space and environmental health. So staff is recommending approval of this request. As always, it is subject to the approval and certification of the corresponding development plan, which Mr. Martin will speak to in a moment. However, at this time, I'd be happy to entertain any questions you have of staff. Any questions for staff? All right, thank you. Martin. Mr. Chairman, members of the planning commission, the plan that you have before you. Oh, hmm. Yeah, there we go. That's what I... All right, hold on a second. Well, that's what I am doing. Ah, I got you. Okay. Okay. This is the plan that you have before you today is in this area right here. It is a preliminary development plan, which is not unusual with a zone change request, of course. And again, here is the two buildings they're proposing along Manowar, Sandersville as it comes through here, and again, the existing complex that you can see. They are proposing access at this point into this parking area. And again, they are connecting internally to the existing complex. They'll have pedestrian facilities as well so that these residents can easily get to the amenities that currently exist in the complex. You see the island in this access. When this went in a few years ago, when this was discussed, there was some concern about that access. That's one reason it split was to hopefully ensure good, safe access for emergency vehicles. So this particular access point will actually assist in providing additional access into the overall complex. Here we have, and you saw in the photograph under construction, is the large stormwater facility for the area, although there's an additional stormwater facility located here as well. And here's the cemetery that is protected, which is why Sandersville makes this curve right here. We had to grant a waiver and move that street in order to protect that cemetery. And, oops, there we go. So again, this plan was reviewed by your subdivision committee. It was recommended for approval with pretty standard conditions. conditions, there is a discuss access drive throat. Well, your staff tends to have a concern along with traffic engineering with short throats. And that's just because when you have parking close to the throat, close to the right-of-way, there's potential to create a backup or someone having to stop because of that conflict. That's something that staff believes can be resolved. It has been discussed with the applicant. It's not really a large issue. They are providing 87 parking spaces in this section of development. They will utilize 11 additional spaces that exist in the original existing development. As Daniel stated, it's 48 units. It does comprise 108 bedrooms. So they're continuing that mix of one and two bedroom units in this area. There's also number 12 where it says discuss the conflict with a 20-foot AT&T easement. Actually, as Daniel mentioned, this property was consolidated, and that easement has been released. So that conflict no longer exists. So that can go away. Again, 13 discuss place builder criteria. You heard that discussion. So you can delete 12 and 13, and 11 is resolved, is the staff's recommendation to you today. And with that, I'll be happy to answer any questions you may have for staff. Thank you, Mr. Martin. Do we have any questions for staff? Not seeing any. Thank you, sir. Mr. Nicholson. Good afternoon. Nick Nicholson here on behalf of the Artisan Apartments. Since this is an abbreviated hearing, we've waived our kind of oral presentation portion of this, but I'm happy to answer any questions. If you all have it, we are in complete agreement with the staff findings and the conditions on the development plan. Any questions for Mr. Nicholson? Yeah. Okay. All right. We bring it back to the commission for any further discussions. And the floor is open for a motion. Yeah, we've taken in our two motions, one for the zoning and the other for this. Yep, Mr. Penn. Mr. Chairman, I move for approval of PLNMAR 2210 for the reason provided by staff. Okay, we have a motion and a second by Mr. DeMovillen. Any further discussions to that motion? All in favor, please vote via Granicus. Well, it'll get to. All righty, okay, that motion passes unanimously. Mr. Penn? Yes, sir. I move for approval of PLNMJDP 2232 with the now 11 conditions striking 12 and 13 and changing number 11 to resolve. Okay, we have a motion. Second. On the floor. Seconded by Mr. Demovelin. Please vote via Granicus. That motion passes unanimously. Thank you, Mr. Nichols. That was ten seconds, man, you didn't speak that long. Staff? Mr. Duncan? Mr. Chair, the next assembly of the Planning Commission is next Thursday, August 4th, for your committees, 830 subdivision, 130 zoning, third floor of the Phoenix building. We'll look forward to seeing you all then. Thank you. So this meeting is now adjourned.