Before it's begun And too many moonlight kisses Seem to cool in the warmth of the sun When I give you my heart It will be completely Or I'll never give my heart Let me give my heart And the moment I can feel that You feel that way too I feel that way too So when I fall in love With you When I fall in love It will be forever Or I'll never fall in love Or I'll never, never fall in love In a restless world like this is Love has ended before it's begun And too many moonlight kisses Seem to cool in the warmth of the sun When I give my heart It will be completely Or I'll never give my heart Or I'll never give my heart And the moment I can feel that You feel that way too Is when I fall in love When I fall in love When I fall in love With you music only, no vocals music only, no vocals whistling music only, no vocals whistling music only, no vocals whistling music only, no vocals whistling music only, no vocals music only, no vocals piano solo piano solo piano solo piano solo music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals music only, no vocals I'd like to enter into the record a copy of the recommendation from the Urban County Planning Commission on MAR 2008-16. This was circulated to council members during the break and there are a few additional copies behind me on the end of the counter for anyone in the audience interested in that. I'd like to enter into the record a copy of the 2007 Comprehensive Plan and also the South End Park Urban Village Plan which was adopted by the Planning Commission in 2003. I need to enter into the record copies of the current zoning ordinance and land subdivision regulations in effect in the Urban County. Then finally I'd like to also enter in a staff exhibit that is titled Revised Findings of Fact for MAR 2008-16 amended. I'll explain this at the end of my prepared remarks this evening. If I could orient you to the location of the subject property this evening using USA 24 over on the wall. The subject property is south of High Street which is also known as Versailles Road and is immediately east of the Norfolk Southern Railroad and rail yard immediately to the south and west of the subject property. This property also has frontage on Pine Street which is a signalized intersection with Versailles Road and High Street at this location. A number of current public streets traverse the subject property area which is about 17 acres in size. Those include the Rudy Street, Neville Avenue, Byers Avenue, as I mentioned a portion of Pine Street, Holmes Street and the subject property is bound to the south by McKinley Street here. It connects to Marino which also connects to High Street in close proximity to the Rupp Arena and Civic Center area. There are two properties centrally located in the subject property that are not part of the rezoning request this evening. There are two properties owned R3, Planned Neighborhood Residential, not quite in the center of this 17 acre area. Those are properties at 763 and 757 to Rudy Street. Those are R3 and are to remain R3. The zone changed before you this evening. It proposes to rezone most of this area from I-1, Light Industrial, to R3, Planned Neighborhood Residential. However, there is an area of less than one net acre but less than two gross acres on the northeast corner of the subject property. It generally surrounds a property that has been known for years as the PDQ Market at the corner of Pine and High Street. That property is proposed to be rezoned from I-1, Light Industrial, to B3, Highway Service Business and there are conditional zoning restrictions that have been part of that proposal from its inception. This time I'd like to show you a few photographs of the subject property area. First photograph is of the northern portion of the subject property and again to orient you we have High Street here. The intersection at Pine is here. The railroad line borders the property to the west here. To Rudy Street does not intersect the viaduct of High Street but goes under the viaduct here. Neville Avenue is here. In this photo you can see a mixture of industrial uses closer to the Versailles Road and High Street portion of the property. Also some residential uses along to Rudy. You also can see a portion of the Urban County Government's South End Park immediately here. The market that I mentioned a moment ago is here at the corner of Pine and High Street. This is looking slightly east of the original photograph. Here again we have High Street, Pine Street intersection here. Holmes Street is here providing the eastern bound of the subject property. You get a much better view of the park. Also some of the nearby residential and wholesale and business uses in this area. This is a view of the southern portion of the subject property. Again to orient you we have the park that we've seen. Holmes Street. This is McKinley Street. To Rudy Street here. To Short Circle is in this vicinity and Byers Avenue is here. Again in this area you can see residential uses. Just outside of the subject property is the Nathaniel Mission facility and on the other side of McKinley Street are a mixture of residential and wholesale business uses. As we always do with a zone change we must look to the comprehensive plan for guidance. This subject property of 17 acres has four different land use recommendations for portions of the subject property area. Again to orient you we have High Street here. The railroad line is here. This is the area of the subject property. It is in the area that has been planned for portion of the Newtown Pike extension for a number of years and the subject property is basically immediately west of that planned facility. The comprehensive plan identifies that facility here with the dashed line. The four land uses that are recommended. First for the corner of High Street and Pine a mixed use recommendation. Mixed use of course is for office retail residential types of use and that recommendation is very close to the former PDQ market property in its size and location. The comprehensive plan has a recommendation for high density residential use between the South End Park and the railroad line. High density is defined by the comprehensive plan as 6 to 20 dwelling units per gross acre. The third land use recommendation is for public recreation use. The comprehensive plan recommends that the South End Park be expanded in size to better serve the residents of this particular area. This is a common recommendation back through the planning history of this area which dates back to 2002 to the Newtown Pike corridor extension plan and then to 2003 further refined through the South End urban village plan that I mentioned earlier. The final land use recommendation is for other public use. That is associated with the comprehensive plans proposal as further identified in the Newtown Pike corridor extension plan and the South End Park urban village plan for an expanded role for the Nathaniel Mission so that they can continue to provide their valuable outreach services to the residents of this area. The planning staff in reviewing the zone change that was initiated by the planning commission last November was that this zone change to R3 and to a restricted B3 zone for these 17 acres will begin to implement the vision of the Newtown Pike corridor that ultimately the comprehensive plan is recommended for this particular area. The staff recommended approval of this rezoning at the planning commission's public hearing which was held on June the 12th of this year. At that time the planning commission heard not only from the planning staff but also from a number of proponents and a number of opponents to a much larger zone change than is before you this evening. At their June public hearing approximately 26 acres were before the planning commission in their initial initiation and the area that was before them also included land to the south of McKinley Street that is no longer a part of this application. At the conclusion of their hearing the planning commission voted 8 to 0 first to amend the application. As I've mentioned that amendment deleted areas south of McKinley Street which in this map we've shown in cross-hatching. Some of that area was proposed for an R3 zone others for an MU2 mixed-use 2 zone. The planning commission decided to indefinitely postpone that portion of the zone change request that you're reviewing this evening. The second part of the planning commission's recommendation was to recommend approval of the rezoning of the remaining 17 acres and the planning commission has provided findings for that. The first is that the proposed planned neighborhood residential R3 zone is in agreement with the 2007 comprehensive plan. The plan recommends a high-density future land use for a portion of the subject area along its western boundary. Secondly the plan recommends other public uses for just under three acres of property along the eastern boundary of the subject property. An R3 zone which permits a community center and a church as a conditional use is proposed for that particular area. Thirdly the plan recommends a public recreation future land use which will allow the park existing there to be expanded to better serve the neighborhood. R3 is a zone that allows parkland uses. A second finding from the planning commission was that the proposed B3 zone is far more appropriate than the existing I1 zone for the northeastern corner of the property since it is planned to be a gateway into this new neighborhood and it is at a prominent intersection along what is planned to be the future Newtown Pike extension corridor. Conversely light industrial zoning is inferior and entirely inappropriate at this location. In making this recommendation the planning commission followed the recommendation of the staff and recommends that a number of uses be prohibited for the B3 portion of this request. Those restrictions would prohibit lots for display, repair, rental, sale, repair of equipment and vehicles. It would prohibit automobile service stations, car washing establishments, drive-in restaurants, pawn shops, liquor stores, adult uses and drive-through facilities for the sale of goods and services. Also advertising signs and billboards would be prohibited in the B3 portion of this request again at the northeast corner of the subject property. Planning Commission did propose a finding that these use restrictions are appropriate and necessary for the B3 zone in order to protect the gateway and enhance the entrance to the South End Park neighborhood from the most intrusive and intensive commercial land uses. The Planning Commission also reviewed a preliminary development plan at their hearing and we provided a copy of the certified development plan. I say the word certified because this plan accounts for the Planning Commission's decision to remove approximately nine acres from this zone change request south of McKinley Street. This is the area that was removed from the rezoning and also from the development plan. The development plan proposes residential use along the western edge of the property, a relocation of DeRudy Street, a new alleyway system that would serve new residential uses parallel to DeRudy, a new cul-de-sac off of that street surrounded by a number of single-family homes. All told, some 34 dwelling units are proposed for this portion of the subject property. The commercial property at the northeast corner under this plan is not proposed for change. This is again a preliminary development plan and likewise there is land reserved for a future presence by the Nathaniel Mission but no specific development is proposed for that area since if rezoned that would require a conditional use permit from the Board of Adjustment. The remainder of this plan identifies the expansion proposed to the south end park between the new roadway that's planned and the relocated DeRudy Street south of the viaduct here. This evening the staff exhibit proposes a change to one finding proposed by the Planning Commission that also relays to the fact that the Commission deleted some acreage from the zone change that they had the public hearing on in June. That revision is shown in the boxed area. It's finding number 1A and everything that you will see inside that box that is bold and italics, those are revisions. First revision is that the density calculation is based on gross acreage of 6 to 20 units per net acre rather than the net acreage. Secondly, that only 34 dwelling units are now proposed on the development plan that was certified by the Commission and that the density is 7.25 dwelling units per gross acre instead of the net acreage calculation. When the Planning Commission voted, they relied on the original recommendation which included the development plan for the entire property. This would be a cleaner finding if the Council's inclined to adopt the Planning Commission's findings at the conclusion of your hearing tonight. That concludes my prepared remarks. I thank you very much for your kind attention and, of course, I will be available for questions should you have any later in the evening. Thank you. Thank you, Mr. Salih. Questions? Questions of Mr. Salih on this piece of the presentation? Council Member Ellinger was just asking, weren't you? Mr. Salih, this is kind of, I'm a little confused on when we're looking at who the applicant is and who is the protesters here at this point. Who is it brought from the Planning Committee to the Planning Staff to the Planning Commission? Is that how it was raised? The Planning Commission is the applicant for this zone change. And as you can see in the packet, we have minutes from their meeting in November of last year where they agreed to initiate this zone change request. So if we do a cross-exam right now, it would be cross-exam just by the protesters, would that be correct? Because you would be the applicant, right? Right. I mean, I'd be glad to answer any questions you have. I think at this time, don't you get cross-examined if they want to by the protesters, I think? That's correct. Okay. We have a speaker's list. And on the speaker's list, that's next, right? Yes. The Planning Commission is the applicant, so you'll not have an applicant. I have Mr. Caton and Ms. Perkins and Ms. Reynolds. So if you all would just go ahead. Typically, we encourage about three minutes for each comment. That's good for you all. All right. First of all, thank you for allowing me to speak. And just if you would give your name and address. Thank you. My name is Mary Ann Perkins, and I live in the 700 block of Dorote Street. I am in, all of us are family down there, so we are for the opposed. And we are in third or third and fourth generation family members down there, so we all would like to stay together. I mean, it's a, you know, it's different cultural people down there, but we're all like one family. So each one of us, like 95% of us are for the opposed for it. And we'd appreciate if you'd vote it and let us stay there. Thank you. Thank you, Ms. Perkins. Mr. Caton. Property owner, jointly with my brother, 870 Dorote, which is a commercial building that we've owned for approximately 20 years and been using. We are not in any way opposed to the project down there, but we had questions, serious questions on the sequence. Mr. Grunewald and the Kentucky Department of Transportation have answered our concerns and their answers were agreeable with us. And so we're ready to move on to the next phase. Thank you, Mr. Caton. Thank you, sir. And I had Cynthia, Cynthia Reynolds. Good afternoon. My mother lives at 833 Dorote. She's been there for over 40 years. All the residents seem that they're ready for this project to take place. I'm ready for it to go on and go through and take place. They just need a better place to live, better living conditions. And the project team has really come together for us and told us what to expect, what not to expect, and pretty much try to keep their time schedule. So we are just ready and praying that their move will go on and get into the trailers and everything else can take shape. So any way y'all can help them do that would be appreciated. Thank you. Thank you, Ms. Reynolds. And I also have Mr. King. My name is Lawson King and I'm here representing my wife. She owns property down there and this is absolutely new to us. I came here for a different reason. Did not know that this had proceeded this far and I don't know why we never get any notice of it. This is the first time we've heard of it. My wife owns two buildings down there, the two biggest commercial buildings down there. And I'm at a loss to say anything because I don't know what's happened. This is it. This is the first. No notice in the mail and we've been home every day. So I don't know what to say. Sir, can you give your address again? Mr. King, I'm sorry. Mr. King, could you give us your address? Okay, but before you leave, just a procedural point here. We need to get your address. 1295 Gaines Way Drive. 1295 Gaines Way. Gaines Way. And the properties that you referred to, what are those locations? Just one second. 750 Dorote and 810 Dorote. Okay. Thank you. Thank you, sir. I'm not on the list, but my name's Jimmy Allen. I live at 848 Dorote Street. I'm not against the community land trust deal, whether coming in, buying them out, this and that. But I own a small business. I live in my home on my land. It's zone business. And if y'all change that on me, I won't be able to park my trucks, my trailers, my tools. And I just can't afford to go out here and buy a lot to put my equipment on. So it kind of throws me in the barrel there. What's going on with the zone change? I'm sorry. What was your name again, Mr. Allen? Jimmy Allen. Mr. Allen. Okay. 848 Dorote Street. Yes. Okay. Is that? That's pretty much it. Thank you. I mean, if you change my zone, I'll have to move my equipment. Like I said, I can't afford a lot to put it on or this and that. It's just a small business, man. Okay. Thank you, Mr. Allen. Is there anyone else who wishes to comment? Hi. My name is Regina Cowan. And I am the president of the Neighborhood Association. Of the Neighborhood Association. Thanks, Regina. Okay. Will you just remind us where you live, your address? I will. Thank you. 615 Dorote Street, 730 Dorote Street. No. That's about properties. I've been in the area all my life. Okay. And it's three generations. And as the ones that have spoke before me have not been there as long as I have. Okay. We were a community at one time. And you know how people will come in and buy your property and take over. Because they don't think the area is that great anyway. So they can park car repair shops, all these things around you in a neighborhood. A residential. It's awful. we don't need that. And once now we have, this has been going on for years. I mean years trying to get a road to come through to better our neighborhood. And now we have the means to do that. We want to go forth. We don't want to stand still anymore. You know, I'm a grandmother now, so you know how long I've been there. But you know, I have my grandkids coming up and we're, you know, I'm raising them in the area. And we want something nice. And we can't do that with auto repair. We can't do that with the industrial that's around us. If we're going to have a community, a residential, a neighborhood, then we want the right kind, just like you all do. You know, you all live in a nice neighborhood. You all have nice parks around you and don't have all of that rubbish and wrecked cars and all these things around you. We don't want that. What we want is what we're fighting for right now. And that is a better neighborhood for our children, for us. And if we can get that through this Newtown Pike extension, that's what we want. And that's what we're looking for. You know, if we have to come down here again for the zone change, we'll be back again for a zone change because it's needed. You know, we want our children and things to grow up in a nice area and a nice neighborhood and be able to have a nice park where they can have little baseball leagues, little basketball leagues, all these little soccer leagues. We want the same thing that everybody else has in town. And since the new downtown is coming up new, we want to be a part of it. We want to look good just like downtown wants to look good. We want to have the things that are going to benefit our families and our children growing up in the area. And the ones that have been there, you know, at one time, you know, my grandmother was there. And we have been there all our life. It may not be the greatest thing to everybody else. But to us, it was home. And my father is not here to see it today. I just lost him on June the 24th. Now, is it you know, what is it going to take for us to be able to have he's not here to see what was going to be. So I'm asking you all, the vice mayor, the mayor, everybody to think on this real hard as far as a zone change, because we want what's best for our family and our children. And if it's going to be a nice neighborhood, then we want it done correctly. Thank you. Thank you. Good evening, Vice Mayor Council. My name is Dorothy Coleman, and I'm the community liaison for the new town pike extension project. I operate out of the Carver neighborhood center at 522 Patterson Street. And I just wanted to step up tonight to speak for the residents who wouldn't come and speak for themselves. My job is to relay information to the residents from the project and vice versa. I just want to ask you just as Regina did to really seriously consider the zone change our residents wanted. We have several residents who are here tonight, who are in favor of it. And I would like to ask them to stand since they weren't willing to come up and speak for themselves. Those residents that are in favor of our zone change, would you please stand? This is a good part of our neighborhood. This represents several of the households that reside in the area currently. As Miss Cowan just spoke and said, they're anxious, they're ready. They've been waiting a long time. And it's really is time for a change. And I hate to sound so cliche as we hear it all over the place, that it's time for a change. But for these folks, it really is time for change. Thank you for your time and your consideration. Thank you, Dorothy. Hi, my name is Tamika Cowan, and I live at 610 Derody Street. And the reason why I came up here is because I have a daughter that is eight years old. And right now, the only type of equipment that she can play with besides the park, you know, being set up with trailers, is right beside the Nathaniel Mission Baptist Church. So that's the only place she can play it. And right now with the fence put up and all the trailers and stuff parked there and stuff, it's kind of hard with the cars going so fast through the neighborhood to really trust her about herself to just stand at the corner of the bus stop area, because there's a lot of construction going on. My grandfather is a Julius Crutcher who has just passed away last year, who's been in that neighborhood also with Uncle Pinky, which is Jeannie's father. And my mother sitting here, Helen Dixon, is, she's been here on the, down here at a lot of meetings before prior. She is my mother, which her father is my grandfather, who I took care of before he passed. So we would gladly, I know it takes, there's a timing in everything. So we know that there's a timing. We're ready to, whenever it's time to go on with the next phase or whatever, we will promise to keep the neighborhood as clean as possible. You know, our community, to keep it up, do the best we can to handle everything we can. But we just truly, truly wish that you would take this time to just think about it. We have some lovely kids and the smart kids that are going to go move forward. So we're just waiting for the process to come. Thank you. Thank you, Ms. Cohen. Maybe any other speakers, anyone else wish to speak? Okay. Yes, ma'am. Andrew, I think we have a, we'll need to probably bring the microphone to you. Is that all right? Thank you, ma'am. Mr. Blevins, he's very helpful. Good afternoon, everybody. I used to come down here so many times concerning this road that's been coming in for over 50 years. And when we, can you hear me? Oh, I'm sorry. My name is Helen E. Dixon. Thank you, Helen. I used to go to the one that y'all took, the building that y'all told down up the street. And we had a lot of arguments here concerning the road, concerning the park. And this road has been coming in for over 50 some years and longer. And now I see now that it's finally, you know, taking place. But we have had everything to come in the neighborhood. I was at the meeting at Carver School a pretty good while ago. And the planning commissioner, some of them was in there. And I had books on the road that they did not even have. They were younger people, a little younger than I am. But we, at one time, it was Orangetown and Proudtown had worked with Urban Renewal about, they got their things over there. They got their homes built. And they got their playgrounds built. But when it was time for us to get ours, our money got lost some kind of way. We didn't get our money. Derody Street has been going through this road for I don't know how many years. And several other people is in this building right now trying to go through the same thing we went through before. We had junk yards that come off of, out of Orangetown on Manchester Street. You know where they put it at? On Derody Street. Like as if it didn't matter what we had in our neighborhood. You know, I have got to the place right now that I am so sick of this road that I don't know what to do. We have went to meetings down here on top of meetings about the park, about the road. And here it is 2008 and the road still ain't got here yet. We're still going through some more changes concerning this road. We had Harry Gardner's Junkyard. Because I used to come to the meetings every Thursday to complain about the junkyard being in the neighborhood and about all this burning. While they was burning stuff in the neighborhood. We come down here every day and raise sand. Every Thursday raise sand about this park. I'm tired. I am 63 years old now and I'm still going through the same things that I went through years ago. And it's, you know what, I don't think it's no other neighborhood around here in the town. It's got this. My father owned our home. My grandmother, my father. We owned it. We kept it neat as we could keep it. Now we got someone is coming in my neighborhood that my grandfather and my grandmother worked hard as they could to get. And y'all going to tell us that we can't own our property. It's going to be on a land trust. And they work hard to get what they got. It's just like well you go on and get it but I'm going to take it after you get it. That's not right. And I think what y'all doing is a good thing but it's hurting other people. Everybody want they own land. I own my home out there in Woodhill. I don't want y'all to come out there and bobble my property and take my property and tell me well you can live here but you can't own it. We're going to take your home. Now you all don't want nobody to come in your neighborhood and take what you own. When you buy a home what you buy you buy the land. Because if you got enough land you can rebuild on the land. We got people that we done put into office. It's coming and taking what belong to us. Like I said we don't own anything. And this is hard. This is rough. I lived in South End all of my life. I lived there, went to school there, worked there, come down here to, was at every meeting down here. Raised sand for what I thought that we needed and that we worked for. But we had South End. It was poor people there but they loved what they had. Ms. Dixon, thank you very much. And I don't, it's a hard job. I'm hearing somebody talk but I don't see nobody. Right up, here we go. Right up here. Right up here. What you saying? I was going to say we really appreciate what you're saying. I know I'm going over time. Well, we appreciate what you're saying. We need to let these other folks speak too. Is that all right? That'd be fine. Thank you. But I just wanted to let you hear what I was saying. I'll be back again. Yes, ma'am. Thank you so much, Ms. Dixon. It's all right. I'm not either. Well, I am, I'm listening though. I'm trying. Thanks, Mr. Blevins. This lady's next. Yes, sir. My name is Judy Gibson. I lived at 719 Combs, which I recently lost my house April the 1st and everything I had. I have been sticking through this meeting since the beginning. About halfway now and I am still fighting to get where I'm going. I'm wanting the kids to have a decent playground. I'm wanting my friends and my neighbors to all have a good home and a place they could call theirs. And for this zone change, I want it to go forward, not backwards. Let it go on forward because we need to get it passed and get this project moving as soon as possible because we're tired of waiting. We've waited and waited and we are sick and tired of waiting. It's time to go on. Thank you all. Thank you, Ms. Dixon. Anyone else? Anyone else? Okay. Andrew, did you have something to? Yes, sir. Thank you, Mr. Vice Mayor and Council. I'll be very brief. You might want to introduce yourself for the audience. My name is Andrew Grunwald and I work for the Division of Engineering and I am the Lexington-Fayette County Government's engineer on this Newtown Pike Extension project. At the public hearing of June 12th, there were two major issues for property acquisition. One of them dealt with the zoning itself and the fear that this would cause a devaluing in the land when we actually approached individuals with offers. In consultation with the Kentucky Transportation Cabinet as well as the Federal Highway Administration, we have concluded that we will inform our appraisers to appraise this land as industrial, what it is today, before the zone change, if so requested. This, of course, is said tonight and it can be honored by us as well as the Transportation Cabinet and the Federal Highway Administration. This does alleviate that primary question. There was also a question that dealt with the appraisals of billboard signs. In the interest of time, I won't go through the entire appraisal process, but I will also enter this into record as well, the actual excerpts from the appraisal guide of the Kentucky Transportation Cabinet. This is what some of the property owners down here tonight were very concerned with. I also can't iterate strongly enough the support that this project does have from the Federal Highway Administration as well as the Kentucky Transportation Cabinet. Of course, you all know we have numerous residents here tonight and we also have members of the Transportation Cabinet here tonight in support as well. I did want to read into record an email that was sent from David Whitworth. He is the engineer for the Federal Highway Administration who was over this project, and I just wanted to read an excerpt from his email. He states that the Federal Highway Administration has been an active partner and behind this project for seven years. The project has the support of our agency from the highest levels of our headquarters down to the local office. Our process and documents, including the proposed zone plan, have been open and transparent to everybody the entire time that we've been working on this. And I just wanted to make sure that David Whitworth's comments were entered into record. If there are any other questions, I can also address those as well. Thank you. I have a question for Mr. Grunwald. Mr. Grunwald, Dr. Stevens. Mr. Grunwald, I understood what you said about the condemnation of the property that's now zoned industrial, which may become an R3, and that you would value that as industrial land. Do you plan to condemn all the properties in this zone change, in the area depicted by this zone change? All the property as depicted by this zone change will be purchased, yes, sir. So you're going to buy everything in that area? Yes, sir. We are going to buy everything in that area. And it will be then rebuilt as the new zone would have it? Yes, sir. And it will be rebuilt in compliance with the development plan. So the areas that are now businesses would not be able to continue? No, sir. And all the non-conforming uses would then be eliminated? Yes, sir. Okay. Thank you. Yes, sir. Council Member Henson. Peggy, did you have a question? Where was it? Mr. King, just one second. And I'll ask after Council Member Henson. Okay. Peggy, would you turn your mic on, please? Thank you. Sorry, it's been a long day. So if a person owns property there, you will purchase that land from them, the city will, or the transportation, whatever, the grant? Yes, ma'am. Okay. The project team, essentially, we, the city of Lexington, are acting as the agent, and we will purchase the property in the state's name for the project. And give them a fair market value or whatever? Yes, ma'am. And then you're going to build a new home, correct? Yes, ma'am. They'll have a new home to live in, but they will not own the land? They will own the house, and they will have a 99-year lease, which is automatically renewed for another 99 years. On the land? Yes, ma'am. Okay. So could they sell that house? Yes, ma'am, they can sell the house. Okay. But not the land? No, ma'am, the land will be held in perpetuity by the land trust. Okay. All right. Thank you. Yeah. Mr. Blevins, then we're going to, Mr. King, if you'll hold just a minute, I want to get, check the procedure on this. Right now, we're taking some questions to Mr. Grunwald from the council members. I just want to confirm, you're purchasing all the properties in this zone change area including the B3 change? Yes, sir, including the B3 change. And will that be held in land trust as well? Yes, sir, it will. Interesting. All right. Thank you. Okay. Any other questions for Mr. Grunwald? Okay. Mr. King, you want a question? You got a question for Mr. Grunwald? We'll need for you to come up to the microphone, please, sir. Mr. Grunwald, we're talking about two different projects here tonight. One was the highway and one is the other rezoning. Are you talking about all of the land in both those projects or just the highway? Let me make sure I understand your question. The property associated with the mitigation portion of the project, that is the South End Park, the property associated with this zone change as well as the property for the June 12 zone change that was cut back, that is the land that we can appraise as industrial if it is industrial today and if so requested by the owner. The property for the road itself will be appraised as it is currently zoned through the highest and best use process. But there have been two different areas talked about tonight. You're talking about the highway you're going to build. Is that all you're talking about? Are you talking about the property over on Dorote Street and back up to that way? That's the property I'm talking about tonight. All of it? Yes, sir. Okay. Okay. Are there any further questions by the Council of the staff? Okay. Would the applicant, does the staff, do you all have anything else more? Bill? Bill?  Thank you, Mr. Vice Mayor. Just a couple of items based on what you heard this evening. We checked the notice listing and the mailed letters that were sent. We do have a record of mailing Ms. Rachel N. King notice letters for tonight's hearing on August 7th. And back for the Planning Commission hearing on April 11th. And neither of those letters were returned to us. Can't speak for the Postal Service, but we did not have a record of returned letters. Earlier in the evening, I returned the, entered into the record the letters we had returned for your hearing tonight. I'd now like to enter into the record the return letters from the Planning Commission hearing mailed in April. Okay. Speaking to Mr. Allen's point earlier about his equipment. If he currently has a permit to operate in the I-1 zone and his property is rezoned R-3, then most likely his property would become a non-conforming use. The city does not have the authority through zoning to zone folks out of business. In essence, what that would mean is his business could continue However, as a non-conforming use, it could not expand. It could not grow in scope or operation, but it would be allowed to continue until such time as it was acquired or until such time as the business was no longer desired there. The third point I'd like to make. Some of the industrial uses you saw and clearly the billboards oriented to High Street. Those also will become non-conforming uses if the property is rezoned to R-3. So the same set of circumstances would apply to those. And then finally, I'm not sure if any other members of the project team have any other rebuttal points, but I thank you very much. Thank you, Mr. Salih. Council Member James. Thank you, Vice Mayor. I just had a question regarding the letters that you mailed. Was it Mr. Allen to Mrs. Allen? Kate. To Mrs. King, we did not look for the Allen. To what address were those mailed? We mailed them to 1295 Gainesway Drive. Okay. And that's the address that he gave us earlier. So, okay. I just wanted to confirm that. Thank you. Any further questions? Council Member Blues. I think, oh, excuse me. As chair, I'll close the hearing now absent without any further questions. Council Member Blues. Thank you, Vice Mayor. And Rochelle, you can guide me through this process. This is, as you know, a kind of marker in what is a long process. And it does mark, as Ms. Collins said, a real change that's been a long time coming. It goes back, of course, to the mid-90s when former President Clinton signed an executive order calling for environmental justice. And in this case, what that means is that if a road is going to come through an area, it cannot dislodge and displace and scatter the residents of that area. So, what has happened as a consequence is that along with the road comes a neighborhood that is rebuilt. Residents will soon be in temporary housing as new housing, either rental or or home-owned, will be constructed. And all of those who want to stay in the neighborhood will be allowed to do so and encouraged to do so. So, it really does mark a new day. And let me begin by simply, I think I can make a motion here to accept the findings of the findings of fact. I think you're going to want to be sure in your motion to adopt the findings of fact of the Planning Commission as amended by the staff exhibit because it corrected the density figures and a few other details about the zone changes. So, Vice Mayor, I move to adopt the findings of fact as amended here on the blue sheet. So moved. I second. There's a motion and a second to adopt the findings as amended on the blue sheet. Discussion, Mr. Blevins. I just had a, I want to clarify one last little detail. Mr. Selley, when we were talking about Mr. Allen's non-conforming use, you used the word may or might, and I'm not sure that's what I want to hear. Is he automatically grandfathered in with no effort on his part or what do we have to do to make him whole here? I began that by saying if he has a permit to operate there, if you make that assumption that he has been to the Division of Building Inspection, has all the proper permits to be operating the business he has there, I have to admit I'm not familiar with the business that he's operating there. Assuming that he is permitted, then the rezoning would create a non-conformity, conformity, not unlike the other industrial uses and the billboards in this area. If we vote tonight to accept the findings of fact by the Planning Commission, when does the actual rezoning take effect? That might be a Rochelle question. The ordinance specifies that it is effective upon passage. So it would be at 8 p.m. tonight, so to speak. That's correct. And Bill Salley was correct. If his use is currently legal and in good standing, then it becomes a legal non-conforming use. All right. Thank you. That's all I had. Any further discussion of the motion on the motion? All right. We're ready for a vote. You say hang on a second. Okay. Just a second, please. All right. We're ready for the vote then. Okay. Let's make sure this is all this can be confusing. If we vote yes on the motion, then we are voting to adopt the findings of the Planning Commission. We are endorsing the Planning Commission, right? That is correct. All right. Everybody clear on that? Okay. All in favor of the motion? Okay. It's a roll call vote. All in favor of the motion? You vote yes by roll call if you're in favor of the motion. And. Hey, Mr. Beard. Go ahead. Go ahead. Madam Clerk. Mr. Beard. Aye. Mr. Blevins. Aye. Mr. Blues. Ms. Crosby. Mr. Ellinger. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Mr. Lane. Yes. Mr. McCord. Yes. Mr. Myers. Yes. And Dr. Stevens. Thank you. The motion as amended passes. Okay. That's the findings of fact. Now you need a motion for the ordinance to approve the ordinance for second reading. Okay. Tell us that again, please. We need to. Need to do. You need to prepare. You need to approve the ordinance as it was given second reading. All right. Do we need a motion for that? All right. Do you want a motion for that, Dr. Blues? Yeah. I move to approve the ordinance. There's a motion and a second to approve the ordinance. There's a second. Is there any discussion? All in favor. We need a roll call on this as well. All right. Madam Clerk, call the roll, please. Mr. Mr. Beard. Aye. Mr. Blevins. Mr. Blues. Ms. Crosby. Mr. Ellinger. Mr. Gray. Yes. Ms. Henson. Yes. Ms. James. Yes. Mr. Lane. Stain. Mr. McCord. Yes. Mr. Myers. Yes. And then Dr. Stevens. Aye. That's it. Motion passes. All right. Need a motion to adjourn. So I'm on it. There's a motion and a second. All in favor, please say aye. And we want to thank all of you all for being here tonight and participating. Thank you all very much. Thank you.