site, KentuckyAMWater.com. Go to the water quality section and there's a water quality report that we produce annually and you'll find all kinds of really good information there about the sources of water supply, the treatment, what we put in the water, what we find in the water during our laboratory activities and so forth. So we're doing tests all day long, not only here at the plant, but also out in the system. So it's a really, really good comprehensive report and all water utilities produce them. Ours will be produced annually in the spring. So if it says the one that's out there now, we'll say 2022. So no one should be concerned that we're, that we're delayed. That is referencing all of the data that we collected throughout the year 2022. Next year we'll have 2023s. So KentuckyAMWater.com. Great. Well, thank you so much for having me out today and showing me around and for all the work that you and your entire team do. Well, we appreciate it very much. Come back again sometime. Hello everyone, this is Councilmember Shayla Lynch here from the 2nd District and I'm here with the incoming Director of Code Enforcement, Mr. Lee Steele. Thank you so much. Thank you for having us. When's the official first day? July 17th. He's already acting and doing a phenomenal job for us here. So I have invited Director Steele to my home because I have a sidewalk issue that I would like to correct. And I would like some of his wisdom, some of his advice about what can be done and what can I do. Because I know the problem that I'm experiencing with my sidewalk in front of my home is a pretty common one, especially in some of the neighborhoods here in the 2nd District. So I want to make sure that he gives us the information that we have so you all can have the solutions that you need to, if you would like to, make the appropriate fixes for your home as well. So, Director Steele, you've seen my sidewalk. Yes, I have. What is your opinion? What's going on? Well, we have a very common problem. We have what we call vertical lift. Street trees planted in the right-of-way have raised the panel, causing vertical lift, creating a trip hazard. What mostly happens is a complaint comes into our office. We come out, assess, look at the sidewalks, and then we address by marking the panels that need replacement. And we'll highlight the trip hazards just so they're high-vis with the pink paint for any walkers in the meantime while the process is unfolding to getting the replacement done. The City of Lexington right now is very generously offering a replacement grant program. That grant program is $7.50 a square foot, and it's eligible to all Fayette County owner-occupied homes, owners. That $7.50 equates to about $120 per panel, with current pricing of around $240 full replacement. So it's almost 50% grant. We do have an additional program that for eligible homeowners about to 100% via qualified owners would apply through community resident services for that grant. And that is full replacement, 100%. Thank you. Thank you. Thank you. Thank you. All right, good afternoon. We will officially call this meeting to order. The first item on the agenda is the approval of the minutes, but we do not have our minutes complete from last month, so we'll table that until the following month. What we will do next is anyone that plans to speak today, I will swear you in initially. I'd also like to make sure that everyone has already signed in. So if you do plan to speak, you do have to have signed in and to be sworn in prior to speaking. When you do come to the podium, I will ask you to speak directly into the mic. We will ask you to state your name and address again at that time. So if we could, if you plan to speak today, if you could stand. Stand if you are able, and then please raise your right hand. And do you swear to tell the complete truth today? Yes. Okay, thank you. The next thing I will do is sound the agenda. So I will read through the cases, see if the applicant is here, and ask who... Did I forget something? Oh, I thought that was the signal. Okay. Good deal. And make sure the applicant's here and also ask who is prepared to speak in favor or opposed to the particular case today. The applicant and the staff will present on each of the cases. Any public comment, I will allow public comment afterwards. It will be limited to three minutes. And the only restriction is that we do ask that if it's a topic that's already been covered by someone prior to you, that you not just repeat the same thing. A different issue is always allowable. The first item that I'm showing here is PLNBOA 23-62. That's Aaron Reedy. Is the applicant present? Present. Thank you. Is there anyone here to speak for or against this particular item? Okay, thank you. You guys will be heard first. Then I have PLN BOA 23-65, Deborah Burton. Thank you. Do I have anyone here today to speak for or against this particular item? I have a few as well. Thank you. Then I have PLN BOA 23-66 Dalton Stanley is the applicant present. Thank you. Do I have anyone here to speak for or against this particular item? Thank you. That will be heard third. We're going right in order today. You guys are going to be organized and easy. Easy. PLN BOA 2367. That's Kate White. Applicant is present. Do I have anyone here to speak for or against this particular case? Okay. Thank you. So we have those four items and then we do have a couple items on the agenda, but we will get right to the cases. As I mentioned, we will have staff present first on each of these cases. And I will just remind the board as well when we speak today, we can always make sure our mics are on. We had some trouble with the minutes last time just because Brandon wasn't here to speak the loudest for everyone. So we kind of got soft and... I don't know who you are. Right. But in this case, please make sure when we speak that we speak directly into it. The microphone is on and we speak directly into it. Staff, thank you. PLN BOA 23-62. Good afternoon. This is Megan Jennings with planning staff. The first case before you today is 23-62 Erin Reedy. This is an application for a conditional use permit for an unhosted short-term rental in an R1C zone on property located at 621 Lane Allen Road. And Megan, I'm going to ask you, is your mic on? Is it on? Can everyone hear me? You're kind of soft. You guys think she's a little soft today? Okay. No. I'll speak loudly. Sorry. All right. First, I wanted to include just a general review of short-term rental regulations, both for the board and for the public. I had the same information at our applications last time, so board members who were here last month have seen this before. These new short-term rental regulations were adopted by council on July 11th of this year. Short-term rentals that were legally operating before this date are grandfathered in and may not require a conditional use permit. They may only need a zoning compliance permit from our office. Existing short-term rentals have a total of six months after July 11th in order to be considered grandfathered in. So after those six months, any short-term rental inquiries with our office, if they require conditional use, will have to come before the board. Any short-term rentals with occupancies greater than 12, whether or not they were existing before these new regulations or if they're new, will require a conditional use permit. There's a website called AirDNA, and they pull the listings from all active sites. and it's kind of our go-to resource right now for checking how many existing short-term rentals there are in Lexington. Because these are new regulations, our own records of short-term rentals are still building, and it's definitely not comprehensive, so we're kind of relying on AirDNA to check some of the information. This website currently reports that there are about 1,200 short-term rentals currently operating in Lexington. Just to give you an idea of the quantity in town. Since July, the Division of Planning has processed actually now closer to 150 zoning compliance permits for short-term rentals. So these are all existing and are operating with less than 12 occupants. Section 13 of the Code of Ordinances, so not the zoning ordinance, but the Code of Ordinances, includes additional regulations for short-term rentals. that are related to both business licensing and permitting. So in addition to the zoning ordinance, there are regulations in the Code of Ordinances, and the Division of Revenue is also involved in regulating these short-term rentals. And then finally, the zoning ordinance addresses short-term rental regulations in Article 313. Item F specifically states that short-term rentals shall not be utilized for private events, such as weddings or parties in which the number of participants exceeds the maximum occupancy limit. No private events shall occur between 11 and 7, which are noise ordinance times, and then special events for commercial purpose are prohibited at all times. So I just kind of wanted to run through those for everyone's benefit today. I mentioned AirDNA earlier. This is a map pulled from their website of current short-term rental listings. Like I said, the Division of Planning has only processed 150, and AirDNA is reporting around 1,200 existing. So there are a lot in Lexington, and the ones that you are hearing in these six months since these regulations have been adopted are either brand new, they weren't existing before these new regulations were set into place, or their occupancies are greater than 12. So that's what at least you'll be hearing for the next six months. All right, so to this particular application, Mr. Aaron Reedy is requesting a conditional use permit for the unhosted short-term rental with an occupancy of 12 or less at 621 Lane Allen. The property is highlighted in red there. And let me go to the, hold on, there we go. Red here in the center of the page. It is located along Lane Allen Road, which runs here, and is east of Harrodsburg Road, which runs here in the top right corner. And then Clay's Mill is here on the right side of the road. Lane Allen then turns into Rosemont and continues on over to Nicholasville Road. The area around the subject property is zoned single-family residential, R1C, and is comprised of mostly single-family residential uses. However, there are some commercial uses located along the Harrodsburg Road corridor to the west of the property. Zooming in a bit closer to the property itself, the property is 8,500 square feet in size and contains a one-and-a-half-story single-family residence that has a total square footage of just over 1,100 square feet. The applicant is not proposing any building additions to the structure at this time, and it currently has four bedrooms and two bathrooms. The next two slides will cover the zoning ordinance-specific text about short-term rentals. This first slide here talks about how short-term rentals in the R1C zone are an allowable conditional use, so they are deemed appropriate for the R1C zone if they meet certain conditions and the board finds that they are appropriate. Article 1 sets up a definition for short-term rental. It talks about the time period of renting is less than 30 days. So anything greater than 30 days is permitted by right rental. anything less than is now considered a short-term rental and may require a conditional use permit. And then also further in Article 1, we define unhosted short-term rentals as a short-term rental in which a primary resident, which is defined in the Code of Ordinances, does not occupy the property during the short-term rental period. This next slide covers how the board is to review and kind of assess the short-term rental applications or the conditional use applications. The first item here talks about our occupancy calculations. The general rule is that a maximum of two individuals per bedroom plus an additional four are allowed or a total of 12, whichever is less. So if they have a four-bedroom home like this property does, they can actually have 12 bedrooms. Five bedrooms will get them up to 14 or 12. So they can either request a greater occupancy or comply with the 12 maximum occupancy limit. The board is able and authorized to allow for additional occupants when they find that it is appropriate and there's sufficient evidence that it will not create overcrowding or create a nuisance. Then further in Article 313, it lists four specific things that the board is to consider when reviewing short-term rental conditional use applications. These are in addition to what the board is required to review in conditional use applications in general. So for short-term rentals, the board is to look at the number of short-term rentals in proximity to the property, the demonstrated compliance record of the applicant, the occupancy rates of other short-term rentals in the general vicinity, and whether other short-term rentals in the general vicinity have been cited as a nuisance, including those other short-term rentals that are operated by the applicant. So Mr. Reedy has submitted this site plan for the property. It's a little washed out on the screen, so I apologize. There is a driveway here that extends along the left side of the property with an existing garage. And then up front, there is a sidewalk that cuts across the property, and it's just a little washed out on the projector. The applicant is intending to utilize the existing driveway for all of the parking for the proposed short-term rental. Due to the length of the driveway, it can accommodate either six to eight vehicles in the length of the driveway. The applicant opines that their short-term rental should not have a detrimental impact on the surrounding areas, as they only anticipate renting out the property 60% of the year. Furthermore, they state that the backyard is fully fenced and that they would list quiet hours from 10 p.m. to 8 a.m. every day. And the applicant has indicated on their site plan that they will be planting some arborvitaes along the driveway. The neighboring home to the west is kind of up against the driveway. So the applicant is proposing to plant arborvities here in order to screen the driveway and their property from the immediately adjoining neighbor. The applicant states that their target market will be for families traveling through Lexington. And that they plan to also look at maybe targeting people who are in Lexington, maybe looking for a more permanent move. and are kind of like testing out the waters of Lexington. This slide shows a photo of that driveway, and the proposed arborvitaes will be here, just to give you a little bit of context of what that driveway looks like in the home currently. Next, this is a screenshot zoomed in a little bit further from AirDNA. The subject property is the red dot in the middle, and my red pointer is not helping. But as you can see, there are some other short-term rentals in the vicinity. We are using a general 1,000-foot distance when looking at all these short-term rentals, we being staff. And we determined that based on this map, there are a total of four other short-term rentals within 1,000 feet of the subject property. So a lot of these are, of course, outside of that 1,000-foot boundary. But within that 1,000-foot, there are a total of four. And the AirDNA pulls from both AirBNA and Vrbo, as well as some other sites. So with that, staff is supportive of this application, and we are recommending approval. We find that the proposed use should not have an adverse influence on the surrounding neighborhood or the subject property. and while the area features a handful of other short-term rentals, there are no known nuisances in the vicinity regarding short-term rentals. The applicant does have other short-term rentals in Lexington and there are no compliance issues with those other listings. I believe he has two other listings. Both of those properties have received zoning compliance permits from the Division of Planning so those are currently operating in compliance. Along with our recommendation of approval, we are including these four conditions of approval. First, that everything be established in accordance with the submitted application materials and the site plan, that the occupancy be limited to no more than 12 people. All necessary permits and approvals are obtained from planning and the Division of Revenue prior to commencement, and this includes a business license, a special fee license, and a zoning compliance permit from the Division of Planning. And then we also include that the conditional use permit shall become null and void if the applicant's short-term rental special fee license, which is regulated by the Division of Revenue, lapses or is revoked. Oh, and I have a few more exhibits, sorry. These are photos of the property with the signs that I've posted. As you can see, it's a deep lot. I have my car parked here, and that's right at the edge of the sidewalk, and it's quite long for other vehicles there. They've been having a lot of remodeling work on the property, so that's why you see the cars currently parked on site. They had some people doing remodeling work. and I'm happy to answer any questions that the board may have at this time. Yes, Mr. Gross. I have one question. This is related to number four, and I want to just get the practical effect of number four. It's my understanding that the conditional permit rental special license, is that for each house or is that for each person? And I guess the reason I'm asking is because if the applicant were to sell this property, would that license fee then lapse? And would the new operator need to come back to us? Essentially, is this a null and void on transfer type situation? Simplicitly, whether then it's not explicit in the conditions. I'll say number four the way it currently reads is whether or not the current applicant's special fee license with the Division of Revenue lapses or is revoked. So there are certain rules established in the Code of Ordinances that the applicant also has to follow, and the Division of Revenue is charged with making sure that they're doing that. So if their special fee license is determined by the Division of Revenue to have lapsed, or if the Division of Revenue determines that it needs to be revoked because they're not following the rules established in the Code of Ordinance, then the conditional use permit becomes null and void upon that special fee license, either lapsing or revoking. Autumn can speak to the Code of Ordinances a little better with your other part of that question. I think our interpretation of this, as it's written here, would be that an operator in good standing with revenue could transfer the property to someone who came in and got their license and moved on with the process. Okay. We could change this language to include a change in ownership, but at this time it does not include a change in ownership. The special fees license is something that the operator applies for, and then they pay a fee, and then they pay an additional fee for each property that they own that is using that license. Okay. Thank you, Autumn. That answers my question. And I'll just add one tip with the mics. They're bendy, so you can move them closer to your face, too, if that helps. Oh, no, I was just Are you still on this one? No, just for clarification we're saying this does not address transfer ownership so if it transfers owners if they sell the property and the special fee license is still in good standing that conditional use transferable. I think that it would be clearer if condition number four said, as opposed to saying if the applicant's short-term rental special fee license, if it said if the applicable short-term rental special fee license, because it would govern that particular property and whoever owned it as a short-term rental. Does that make sense? Yes, but I guess then my question is, is that something the staff would want, or is that something from a planning staff standpoint? Yeah, and I wasn't asking for it to be on there. Yeah, I was not. I just wanted to make sure that I understood where the language, yeah, I'm not necessarily saying we need to add those conditions. I was just curious if that's been discussed internally with the staff as something that we'll see on these on general or if that's something the staff has decided, no, we're not going to recommend that from a policy standpoint. I'll add just one point of clarification. Mr. Reedy's application was originally on the agenda for last month, and he requested postponement, and that was granted. His staff report was not updated, and because there was no new information, and it was just a postponement, last month was our first month reviewing short-term rental applications. After that meeting and reviewing some of the comments, we have kind of restructured our review a little bit and incorporated some reports from the mayor's office and then the neighborhood, what's the full title on that? Neighborhoods in Transition Task Force Report. I may have gotten that out of order. So the rest of the short-term rental applications, the new ones that you'll be hearing today, do include a condition that the conditional use permit become null and void upon change in ownership. So that's one change that we have made from last month to this month is that we have included that condition in our new recommendations. And because Mr. Reidy's was from last month, his conditions were not updated ahead of today's meeting. Would you mind throwing that, if you could throw the page of the agenda up on the overhead so that the audience can see that? And that way Mr. Reedy, too, can see it and see if he would be agreeable as a fifth condition if it were to come up, when it comes up to be discussed potentially. All right. So number four there at the top of the page. And just slide it to the left a little bit. There you go. All right, so the full condition for the other applications before you today state the conditional use permit. And I'll circle it. Oh, that doesn't work this time. The conditional use permit shall become null and void upon change in ownership or if the applicant's short-term rental special fee license lapses or is revoked. So the second half of that sentence is how Mr. Reidy's condition number four is currently worded. Thank you for the clarification. Thank you. Do we have any other questions of staff? Yes. This is not for Megan, but for legal. And I need a clarification as to if I own an STR sitting on this board, should I vote or should any other member vote? And just what did the bylaws say about that situation? Well, Ms. Plumlee, first off, the board is governed by Chapter 25 of the Code of Ethics, and the bylaws do address conflicts of interest as well. So, whether or not there would be a conflict of interest if you owned a short-term rental, it would have to be in a case-by-case basis. Obviously, if it were your short-term rental, you were seeking an application, we would recommend you recuse from that. If you owned a short-term rental that was in the vicinity of one of the applicants, then you might want to consider recusing. I don't have a definitive area to consider for that because the ordinance doesn't give us one. But, for example, if the staff report identified four that were in the area and yours was one of the four, you might want to consider recusing in that case. But other than that, you would have to consider whether just generally owning a short-term rental might impair your impartiality. And if you thought that it did and you were not comfortable voting, you could always abstain from voting. You wouldn't be required to recuse. And you would go along with the majority vote in that case. Does that clarify? I'm not aware of any such conflicts here. I just wanted to address your question. Thank you. Thank you. Any other questions of staff? I have one. because I haven't seen anything about it, is square footage versus number of people taken into account or just bedrooms? Just bedrooms. That's how the calculations were set up in the zoning ordinance and what council who was working through these regulations deemed appropriate. And I know that they used other examples from other cities of how they kind of calculated general occupancy limits. Thank you. Any other questions of staff? Okay, well not at this time. Thank you. Thank you. And if the applicant can please step forward. Hello, my name is Aaron Reedy. I own 621 Lane Allen and I'm asking the board to grant me a conditional use permit for an unhosted short term rental. I grew up in here in Lexington, went to UK, graduated from UK law school. I've been practicing law here in Lexington for 19 years. And when I'm not practicing law, my wife and I own two other existing short-term rentals, one of which is off of Clay's Mill and the other one is off of Mason Healy. We purchased 621 Lane Allen earlier this year to remodel for the same purpose. Since purchasing it in March, we've been extensively remodeling the home. Ms. Jenkins indicated, Jennings, excuse me, indicated the property was 1,100 square feet. When we bought it, it was actually 1,350. 1,100 is the footprint of the building. It was 1,350 square feet, and we added a dormer across the back on the second story. So it's now closer, about 1,550 square feet, now with four bedrooms and two baths. Excuse me. Had the remodel been done in six weeks, like our contractor promised us, we wouldn't be here today because we would have been operating and grandfathered in. but that's unfortunately how contractors operate. They're always a little longer than they promise. We try to do things the right way, and we want to impress upon the board and our neighbors that we're the type of conscientious, law-abiding host that you want to approve to comply with the new ordinance, promptly obtain zoning compliance permits for our two existing properties, and as soon as we saw the light at the end of the tunnel on the remodel on this one, we submitted this application. I was present at the last meeting. There was obviously a lot of general concern and apprehension from the board and the public about parking and parties. I understand those concerns, but also I believe those are the sort of problems that are outliers and not the norm. Those outliers have not been our experience as short-term hosts at all. We've probably hosted around 100 families at our two existing properties in Lexington. To date, we've never received any complaints from any of our neighbors. And we don't believe that's an accident. We throw a belt and suspenders approach. We try to do a lot of things to minimize and prevent any sort of problem guess. We want to protect our homes. We spent money on these things. We want to protect our relationships with our neighbors, which we believe are important. And we want to protect our status as five-star hosts. And first and perhaps what I consider very important, my wife and I self-manage our short-term rentals. We don't use a property management company. We spent a considerable amount of money on these things to purchase them, remodel them, furnish them, to provide a legacy for our three daughters. And so we're very conscientious of the impact we have on our neighbors. And because we self-manage, we've got our finger on the pulse of what's going on, who's checking in, where they're from, why they're there, all those sorts of things. and we feel strongly that it's of value to our neighbors that we don't use a property manager and that we've got skin in the game as opposed to somebody who's just clicking a button accepting any booking they get. Our neighbors regularly see me at our existing properties. I'm out there. I mow. I plant flowers. I water flowers. I check the house every time somebody checks in and out. My neighbors have my phone number, and they know they can call me for any reason. and I got theirs. Unfortunately, that's never been a problem, but they've got it. I talked to them. I reached out to several of my neighbors in advance of this hearing and got letters of support from them, which were submitted in our filing. You should have those. Also, my wife and I live off Harrodsburg Road, and I work downtown. I literally drive by this house every single day to and from work so I can keep an eye on what's going on. And all that is to emphasize just again that we're not absentee owners who don't care. We care very much and this is important to us. We also believe that we've not had the kinds of problems that I think the board was concerned with and the general public was concerned with because of who we type of guests we target. The typical guests that say at our properties are families. They're grandparents, parents, brothers and sisters with kids. It's almost always some combination of family dynamic, usually with pets. We're a pet-friendly place. Folks who visit Fayette County who got pets like to stay in short-term rentals, not hotels. Again, folks stay in our house. They're here visiting other people, other family members. We've had folks stay in who have family members at the U.K. Children's Hospital or other hospital having procedures done. We've had guests staying with us, obviously, to horse park events, bourbon trails, just visiting other families for holidays. It's been a very family-centric guest population for us. And with my supplemental justification statement provided after the last meeting before this one, we also provided a litany of reviews from our guests that demonstrate the sort of family demographic that stays in our homes. There's also characteristics of 621 Lane Allen that we believe make it ideal for approval by the board. Let's see here. How do I do this guy? This is a picture from our driveway looking towards Mitchell, Pershing, and then Harrodsburg Road there. We chose Lane Allen in part because it's a busier through street. It's not in some sort of closed off quiet neighborhood. Lane Allen here is three lanes, and it's adjacent to a lot of commercial traffic. Sort of backing out, here's an aerial footage. Our house, it's circled there. And we're just a few doors down here from, you've got CVS, McDonald's, Shell. And over here, you've got a townhome community, a house across the street. It's a long-term rental. There's a duplex on the corner down here and some more along the way there. And so also our point being just that it's adjacent to a lot of commercial busy activity. This is not hiding off in some quiet neighborhood. The property also has adequate parking. Sorry, how do I go back? our driveway as indicated 75 feet width from street to garage it's got a single car garage six to seven vehicles is more than comfortable although we intend to limit the capacity of vehicles in our driveway to five and if we don't expect any overflow or capacity issues but if so We got Mitchell and Pershing, which are a couple doors down. Both have those houses face Lane Allen, so their side lots are along those streets. And there's plenty of room for a couple cars if that happened to be needed. And we don't think that's going to have a material impact on the surrounding neighbors. Our backyard, as Ms. Jennings pointed out, it's got a privacy fence on both sides. We're going to be adding some more varieties on the left. I've already spoken with my neighbor, Doug Clark, there. He supports that and basically gives me carte blanche to sort of plant there what I want. And then we don't have any neighbors directly behind our property. It's a chain link fence back there. But I'm also going to intend to plant some more varieties along that tree line as well. So in addition to what I think are favorable property characteristics, we screen all our potential guests to make sure they've not had any negative reviews or complaints of parties or violating other host rules. In our experience, hosts are not shy about reporting problem guests, so usually you can see those coming. We also, we don't allow one-day rentals, and I think that's important because it prevents these, you know, party-type atmosphere. Our typical minimum weekend booking is three days. Our average booking over the last two years has been 6.45 days per visit, which we again think reflects the sort of family dynamic that we target and why we've not experienced the kinds of problems that people hear in headlines and have concerns about. And also, like I said, we're pet friendly, which attracts families. Our listings are going to be on Airbnb and VRBO. We're probably about 70% VRBO, 30% Airbnb, which again we think reflects a more family dynamic and demographic who books through that platform. Our listings have expressed rules that every guest has to agree to before booking. Some of those include no parties or events, quiet hours from 10 to 9, occupancy limits for the home. In this instance, it's a four-bedroom house, and we are seeking approval for up to 12 guests. But in our experience, our rentals are rarely rented to capacity. Our three-bedroom homes typically have two to six guests. And we expect the typical occupancy of this four-bedroom home to probably be between four and eight individuals, comprised, generally speaking, of a family with kids or maybe two parent groups with kids. Any locals who want to book our property have to contact me first. Again, that's to prevent folks who live here who want to try to party somewhere that's not allowed and we screen those folks. No fireworks. Like I said, maximum of five cars. Violations of our rules are grounds for immediate termination and removal for the property with no refund. And every guest specifically agrees to be good neighbors, respecting the rights of our surrounding property owners. Guests will not create noise or disturbances, likely to disturb or annoy surrounding property owners. They agree to the quiet times, that creating a disturbance is grounds for termination, and that they will be required to vacate the property. Again, fortunately, these are the rules, but we've never had to implement those because we've never had these problems. We're going to be utilizing a noise detection device on the exterior of this home. It's called Noise, the particular product I'm looking at, it's called Noise Aware. It's not something we've ever used in our other properties. But again, I want to impress upon the board and our neighbors that we're going to be good neighbors, and we're trying to do everything we can to prevent the problems that are concerns. This device monitors volume levels at the exterior of the home during quiet hours that we can set. We can say from 8 to 8 or 10 to 8, whatever we want to set, and it's monitoring sound during that time frame. And if it's triggered, if it goes above a particular decibel level that we set, then it notifies both the guest who's there, hey, you're too loud, and it also sends me a message so that I can reach out to them and see what's going on or make sure that the problem is solved. Again, never had a problem, but we want to have the tools to remove a problem guest if it ever happens. In support of our application, as I indicated earlier, we submitted letters from our existing neighbors about their experience with us, and that we've been good neighbors, not a problem. We've also provided the board with a variety of reviews, again, demonstrating the type of gifts that we host. In closing, I believe the history of the ordinance that was adopted by the council was done so in an effort to regulate short-term rentals and how many people are staying there, not to prevent conscientious law-abiding hosts like myself from operating short-term like Reynolds and Fayette County. And we provide a quality home away from home for people visiting the area. And as I hope the board will appreciate, we try to do a lot to protect our homes and our relationships with our neighbors. We take care of our properties. We enhance the value of our neighbors' homes. We closely monitor them. We have a record of compliance. and we believe that we're the perfect hosts and 621 Lane Allen is the perfect property to be the first unhosted short-term rental conditional use permit that this board approves. Can I answer any questions? Thank you, sir. Thank you. Do we have questions of the applicant at this time? Yes. Just a couple of points of clarification. Sure. I noticed on the western border of the property You have planned arborvitae. That seems like a, is there enough room there to plant those? There is, and I've spoken with. Pretty narrow. I'm sorry, let me cut you off. Go ahead. There is room, and I've spoken with my neighbors. The gentleman's name is Doug Clark. I've talked to him dozens of times, and he was perfectly on board with that and told me I could, you know, feel free to plant what you want to plant. And for clarification again, could you please tell me the, maybe I missed the mode on this, the square footage of the house. It's listed on here as 11. 1100 is the footprint of the building. The actual square footage of the home is roughly 1550 square feet. Total square feet. Thank you. Thank you. Do we have any other questions of the applicant? Okay, this time if you'll take a seat and we'll give the public opportunity to comment. If you are interested in commenting, if we could come forward. I'd love for you guys maybe to make a quick line over here. Good afternoon. Afternoon. I'm Walt Gaffield, 2001 Bamboo Drive. I'm president of the Fayette County Neighborhood Council. I just want to make a few points before the neighbors who live there associated with this application speak to more specifics. At your last meeting when you considered this application, it was notable that there wasn't an indication that this was near or not near a persistent area of poverty and the other applications had it. the Neighborhoods in Transition Task Force worked for a couple of years, and they basically found that when an investor comes in with a property, the residents essentially leave or are not there, and they're replaced with, in this case, they're replaced with tourists. And I'm concerned about you setting a precedent on that point, because we don't want to have a negative impact on persistent areas of poverty. The short term rental ordinance that the council approved, they didn't really pass any enforcement provisions that are in place. In fact, the biggest thing they said was if somebody receives a citation for a nuisance, then that counts as being a problem. Dick Lex took a look at that and looked at 6,000 nuisance complaints and they only found 33 citations. It's largely unenforced should there be a nuisance problem. There are roughly 12, there were 1250 short term rentals in Lexington in July, the last time I looked at AirDNA. And that's, I'm going to be in a bit of a hurry. That can be a problem in this way. When you have short-term rentals, you're eliminating affordable housing in many cases. And we have an affordable housing crisis. New York City now has reduced the number of occupants that can stay in an STR to two. And they give a $5,000 fine for violations or up to $5,000. And as a result, STRs have declined a lot and short-term rentals have increased a lot. So I think Lexington is heading in the wrong direction. The neighbors kind of know best. They live there. And I urge you to listen very carefully to what they have to say. And as you know, you can apply conditions. You could say, okay, no expansion on the property. You could reduce the occupancy, I assume. There are a number of things you could do, and if you have questions about conditions, you can ask legal staff what you can and can't do. I just urge you to listen to the neighbors. Thank you very much. Thank you. Megan, you're controlling the time. Good afternoon. You're fancy. Everybody else has maps, so I brought a map. Being an engineer, I had to make a map. My name is Kurt Zender. I live at 607 Lane Allen. I've been there for 16 years plus with a family of five of us. And I hope you all received several letters from our neighbors adjacent to the other Airbnbs. I'm talking about the map in a minute. In opposition of another Airbnb or short-term rental in our neighborhood. It's a great little neighborhood. And there's roughly 50 houses surrounding Pershing and our side of Lane Allen. and these people, we get together and hand out flyers for block parties. We have every year on Fourth of July, and I can name probably half of the people in my neighborhood because there are a bunch of families that are great people that we've kind of flipped over. Now we've got a bunch of kids growing up, so there's kids down there, which is fun. I have three of them. So this map I put together today, and I could use my pointer, but so the one in question is the one in the cyan that's arrowed. you've got two Airbnbs, one directly next to me, 400 feet. It's actually less than. I just rounded up for easy numbers. 400 feet from it, one direction by the crow flies, and 300 feet the other direction on Pershing. The Pershing one's had a lot of issues. I know the Ashley's personally. To Walt's point, there's not an easy way other than following a police report, which you always don't want to do, to make a complaint on an Airbnb that I know of. so there are the issues that the no issues that technically there hasn't been but I believe see believe you all received several letters from Annette Ashley that spoke to some of those issues let's see so the yellow one the yellow highlights in there are the other long-term rentals you know good people live there but there's a lot of rentals in the neighborhood it's a great little neighborhood, well, I'd keep it that way, essentially. The long-term rentals are, you know, again, the people are long-term. Some have been there the whole time we've been in the house. And the short-term rentals, just we don't need any more in our neighborhood. Lex and I was getting a lot of them. The dot picture of the whole city is a little scary. So I think that's about all I've got to say. We can leave the map up as the rest of us talk, but I hope you all deny this permit. and I'd like to see an ordinance change to have it travel to the, to your question, Mr. Gross, it should stay to the property, not the owner. Just like a noise ordination violation tags the property, not the occupant that Lexington passed when I was in college here 20 years ago, it should travel with the property, in my opinion, not the owner. Because then we're not here in two months with a new owner doing the same thing. So, thank you all. Thank you. Hi, my name is Sarah Zender. I live at 607 Lane Allen as well with him. We have three children. We have a 12-year-old, a 14-year-old, and we have a child in foster care who will be two in December. And my 12-year-old walks past this property daily to ride the bus. So having additional people every two to three days, up to 12 of them, makes me a little nervous for my 12-year-old daughter to be walking in the neighborhood past these people who are pulling out onto Lane Allen, which is no small feat to be able to do that in the three lanes of traffic, especially during rush hour. So it makes me a little bit nervous for her to be walking past this house regularly. My 14-year-old walks to Lafayette, and he walked to Picadome before COVID. when we actually went to school. So we have a bunch of walkers in our neighborhood. We might not be a neighborhood back in some small area tucked away, but we are a neighborhood. We have children. We have families. We have worked hard to have block parties regularly to get together, and having additional Airbnbs in our neighborhood kind of takes that away. We do have an Airbnb right next door to us. They do regularly park in the yard in order to pull out onto the street. So as you saw in the photo, it does happen probably more often than not. And with 12 people staying there, it could happen even more. Six cars in that driveway will be a lot. Regularly when I walk my two-year-old in her stroller, we have to walk around different cars over the sidewalk. So I could see that happening more with an Airbnb there. If cars do end up spilling over onto Pershing, I live on the corner of Lane Allen and Pershing Road, and the street of Pershing is 12 feet from my window. So we will have random strangers, two to three, every two or three nights, different people potentially parking right next to my home. For the safety concerns of my own children, of my own family, my children that play outside, play ball, I would prefer to have a lovely family, maybe like them, come and live in that home instead of being rented out to Airbnb. Thank you. Are we ready? Okay. Good afternoon. My name is Lynn Flynn. I live at 518 Spring Hill Drive, and I'm an officer of the Piccadome Neighborhood Association, and speaking on their behalf today. The area that we're focusing on today is a very small part of our neighborhood association. We have a very large area, which if I describe it, it's going to take me the rest of the three minutes. I'd like to build on Mr. Zender's comments about the short-term rentals in their area, and just let you know that we have a number of short-term rentals in our larger neighborhood as well. And I also want to talk about the characteristics of a successful neighborhood and how short-term rentals can or can't play into neighborhood success. So we're fortunate enough to be close to everything you would ever want to see if you came to Lexington. It makes our neighborhood very convenient for us. It also makes it attractive to folks who want to use short-term rentals and to short-term rental owners. I can't tell you how many short-term rentals we have in the entire neighborhood because I haven't figured out how to use AirDNA. However, I can tell you that there are five short-term rentals within three very short blocks of my home on Spring Hill, which is about half a mile from the area that we're talking about here. Imagine Lexington says that successful neighborhoods are the building blocks of a desirable community, and then goes on to say that as the city grows, it's important to guarantee that existing neighborhoods are enhanced by that growth. Mr. Reedy has done extensive renovations on the property at 621 Lane Allen, and it has great curb appeal, and he has done a lot to try to mitigate some of the nuisances associated with short-term rentals. However, curb appeal alone and a good short-term rental owner does not make for a successful neighborhood. A sense of community and neighbors who make their homes there and are committed to the neighborhood make for a successful neighborhood. Successful neighborhoods are characterized by relationships among neighbors, safety and peace, mixed and affordable housing and stability. By their very nature, short-term rentals and the large number of transient occupants they bring cannot contribute to these characteristics or to the success of the surrounding neighborhoods. Also, they take a home off the market for purchase or long-term rental. Instead, short-term rentals have the potential to contribute to the eventual commercialization of the neighborhood, loss of neighborhood character, and a downward spiral including decreased safety, displacement of long-term owners and renters, and instability. We need affordable housing in neighbors on Lane Allen Road. As attractive as the house at 621 Lane Allen Road is, it won't do anything to enhance the existing neighborhood, as imagine Lexington wants to guarantee to us. Thank you for the opportunity to speak. Thank you. Hi, my name is Liz Rue. I'm a first-time home buyer living on 613 Mitchell Avenue, a short distance from the proposed short-term rental property on 621 Lane Allen Road. I believe that an additional short-term rental will have a negative impact on the neighborhood and I stand and opposition of the short-term rental being established in our area. As a first-time homebuyer, having lived in the area over five years now, I have seen the impact that short-term rentals have on young couples and families looking to buy their first home. Short-term rentals diminish the housing supply available to everyday families and Lexington residents. This leads to a decrease in available affordable housing for first-time homebuyers and instead turns a property in the neighborhood into a revolving door of new strangers every week. I speak from experience. I have many friends and even my own siblings who are actively looking, but struggling to find affordable housing in Lexington. It is already a much more difficult endeavor than it was nearly six years ago when we bought our home. The Southland area is an excellent neighborhood to raise a family with good schools, a great sense of community, and even a walkable farmer's market. The homes in this area should not be used to turn a profit, but instead for Lexington residents to establish their roots and raise families. There is already such a limited amount of housing for young couples and families. It is hard for me to see any benefit of another short-term rental in the area. Lastly, in being part of our neighborhood association, our community is very important to myself and my partner. The sense of community is damaged when houses are bought for the purpose of renting on a short-term basis. I understand that this is an investment for an individual, but should our entire neighborhood suffer the cost? Is it worth preventing other Lexington residents from being able to find housing? This continues to be a problem in our neighborhood with short-term rentals, and I stand in opposition of 621 Lane Allen becoming a short-term rental property. Thank you. Thank you. Good afternoon. Can you hear me? Yes. Okay. I'm T. Bergman. I live at 640 Mitchell Avenue, and I am also the president of the Mitchell Avenue Neighborhood Organization. I have lived in my house on Mitchell almost 40 years. I know this neighborhood. I have actually kind of say I've helped hold this neighborhood together. This neighborhood went through the demise of the Springs Inn and the replacement with ultra-commercial property. Big effect on my street, our neighborhood. The other change, the big change that happened was the transition, the reinvention of the Turfland Mall land. That brought in a lot more people. So our neighborhood is holding itself together in spite of these other issues coming at us, happening around us. Now, what I'm going to ask you to do, if you would please, as you consider your vote, please consider these questions. Is there a need, a need for another short-term rental in this area in our city? Number two, what impact is this going to have on our immediate neighborhood and on this section of our town? What's the impact? Negative or positive? Do we really want to endanger the lives of our school children walking that street? And we've talked about the kids walking that street. Now it's one thing for the people who live there on a regular basis and have to transition from their driveway out on Lane Allen. It's quite another thing to have strangers not familiar with that driving path, with the children walking, with the other residents walking on that street. And then I hope you caught the fact that you can put five to six cars in that driveway. You cannot turn them around and drive them out. You back them out onto Lane Allen. Next question. who benefits the most from converting this to a home, residential home, to a long-term rental? The owner, the neighbors in the neighborhood, and the larger community, the Lexington community. Who benefits the most here? Final question. Sorry. Thank you. You don't want to hear my question for you? Can you do it quickly? Quickly. I just want to ask you, creating more rental opportunities in this town for out-of-town visitors, But taking a house off the market for a couple, for a first-time home buyer, taking that house off the market when we are trying to expand the urban service area, it doesn't make sense. At least I can't figure it out. So those are my points. Those are my questions. I hope you will consider them seriously, and I hope you will vote to disapprove this request. Thank you. Thank you very much. We have one more. I will need to be sworn in because this is kind of unexpected. No, that's okay. If you could raise your right hand, please. And do you swear to tell the whole and complete truth today? Yes, I do. Thank you. My name is Janet Cavanaugh. I live at 704 Cumberland Road. I was here for the previous Board of Adjustment last month and heard from the beginning to the end most of those arguments. I was pleased with the fact that you did not approve either of those two. I am hoping that you will not approve the Lane Allen one. I just wanted to state officially that we should all remember, the board should remember that the ordinance states that the board of adjustment needs to consider density of short-term rentals that are already located within the area that are established. This is something I think we need to put that on the record at the meeting officially, that those existing short-term rentals should be considered. Thank you. Thank you. Anything further from the audience? Mr. Reedy, would you like? A few quick comments. One of the gentlemen said that it's a great neighborhood and we want to keep it that way. Me too. I mean, I've got a family. I grew up here. I'm part of this community as well. I have every interest in being a good neighbor and not only providing a home away from home for others, but also being a conscientious good neighbor to the folks that live around me. I think it's important to note that my neighbors, the folks that live next door to me, aren't here today objecting. I respect the opinions of everybody here, but they're not in an earshot of my property. My property is not going to impact directly the way they get around and what they do. And just the concerns that you guys heard are the same concerns you keep hearing. They're general concerns, the general objections to short-term rentals. they're not specific to the merits of my application and the merits of me as a host. And I would ask that you sort of look past that and judge me based on the merits of our application and the quality of characteristics of our property. Thank you. Thank you. And then Ms. Jennings, staff will wrap it up for us. I'd just like to add a few things in response to the public comment. First, I want to clarify that the board did not consider this application last month. It was originally on the agenda. You received the staff report last month, but it was not heard at last month's meeting because the applicant requested postponement. So I just wanted to clarify that. I mentioned in my presentation that we did not update our staff report for this and that in between last month and this month we kind of changed some of the things we were reporting in our staff report for the new applications. So Mr. Reedy's staff report includes information about the federally designated areas of persistent poverty as well as historically disadvantaged communities. We decided to include more local reports in our new staff reports this time. So our other applications include information from the Mayor's Commission report and then the Task Force on Neighborhoods in Transition report. In those two reports, we have more local data, but those were not considered in Mr. Reedy's staff report at the time. I did look up the map that's referenced in our other staff reports that identifies the priority areas that the Neighborhoods in Transition report identified as areas that are vulnerable to gentrification and displacement. Mr. Reedy's property is not located in one of those areas that the report identifies. But it is located on the edge of one of the federally designated areas of persistent poverty, which is the information we used for our first round of short-term rentals last month. Just wanted to kind of clarify the change in those two reports that we were including in our staff reports. I also would like to state that any complaints with short-term rentals, whether or not they're existing or new, need to be filed to the Division of Building Inspections, zoning enforcement. So if there are issues with short-term rentals, that's the place to call and submit a complaint. They will go out and investigate the property, talk with the property owner, and make sure that they are operating legally and make sure if they do need a conditional use permit that they come into compliance. I just want to state that for the members of the audience here as well. And I also wanted to state that both parking in the yard and parking in a way that blocks the sidewalk are active violations of the code of ordinance. So those issues can be filed with the city as well. I believe they're violations of the code of ordinances. And then with the AirDNA listings, both Airbnb and VRBO do not list the, they don't map the exact location of the property, both for security and privacy of those listings. And so our AirDNA maps that we use, they're accurate, but they're not specific locations of those properties. And as of right now, because these regulations are so new and our own tracking is trying to catch up, we're utilizing AirDNA because it's the most comprehensive database of short-term rentals in Lexington, but they're not 100% accurate locations. So I just wanted to state that we've got the map, but they're kind of generalized pinpoints of where that short-term rental is located in the area. And then the final thing I wanted to consider, and if we could pull up my PowerPoint. I wanted to review that generally for conditional use permits, the board is to consider adverse impact on the subject property and the surrounding properties. Whether or not the area has sufficient public facilities and services to support the use. and then in addition to that we have those four short term rental considerations I included in my PowerPoint which I was hoping to bring up here and that does address the density that Ms. Cabanis referenced and just give it a second okay All right, so they are these four bullet points here at the bottom of this slide. The number of other short-term rentals, if any, in the proximity of the property, and we reported we were using a general 1,000-foot buffer, and that's from all of the property boundaries. So that's 1,000 feet to the right, 1,000 feet to the left, up and down. Then we only found four other short-term rentals based on the AirDNA map within that 1,000-foot buffer. Then the board is also charged with considering demonstrating compliance of the applicant, especially if they operate other short-term rentals in Lexington. And then also the occupancy rate of other short-term rentals in the vicinity. I'll state that we don't have access to that information right now because AirDNA reports that, but you have to pay for it and we're working on getting that. And then our own personal records are trying to catch up. So we don't have 100% accurate reporting on the occupancy rate of other short-term rentals in the vicinity due to these being such new regulations. And then the last thing, whether or not other short-term rentals in the vicinity have been a nuisance, including other short-term rentals by the applicant. Those are the things I wanted to cover with the board. I'm happy to answer any questions you may have after everything. One question, this relates to condition four. Is the staff's recommendation now to update that condition to match the other proposed conditions? I think that I would say whatever the board is comfortable with at this time. Thank you. Thank you. Do we have any other questions of staff at this time? Do you mind going back to the zoning ordinance? Sure. The first slide or the second slide? The second. This one. So those particular articles, we spoke about them briefly in our pre-meeting. I think a lot of the commentary that we have heard is for or against STRs or short-term rentals as they are. I just want to be sure when we're discussing, we're discussing what's within our purview. Like, we're not changing the ordinance. We're making a decision based on the ordinance, based on these four conditions. And I just want to make sure we have some legal guidance on that, because I think our discussions have a lot of other issues. But only these four particular items are what we should be. Well, and in addition to the other considerations the board have to review with other conditional use permits. Okay. So the adverse impact and public facilities, that kind of stuff. I'd like to comment on that if I might, Mr. Carter. I was not fortunate to be here last month, and so I missed a lot of the data and the conversations and the opinions. First, let me say that I think it seems like to me that the Planning Commission and the Council did not complete their work when we talked about STRs. Just my opinion. Studied the issue. And so what I've heard here today is you folks that have some of the same opinions I do about STRs and the concerns that you have as a member of this community. And Lexington has lots of reasons to be concerned. And T, you had some great questions. And those are questions that should have come up and probably did come up with the Planning Commission and the Council. Is this a good idea? Are these things good ideas? I should also say that I use Airbnb all the time. And I'm not promoting it or negating the emphasis of that. But I think it's very, very important that we are not here. This body is not here to say whether STRs are good or not. That's not our job. The council said this is the law and that we have to consider based on the individual application. And so I want to be sure that we're thinking of that rather than coming back and starting all over again about whether SDRs are good or not. Because I have my own opinions about that. And in some cases, it's somewhat negative. But at the same time, the law is the law. And it is our task to decide how the law applies to each of these applications. Thank you. Thank you, Mr. Clark. And I agree wholeheartedly. Mr. Gross? Yeah, Madam Chair, Mr. Clark said exactly what I was going to say, almost to a verbatim. I think he did it better than I did. Well, I think that is a serious compliment. But do you? And so I completely agree. You know, that's why we're part of a representative democracy. These are policy issues that need to be brought to your elected officials. This body does not set policy. We're here to implement policy. And with that being said, I will, having read the staff's report and heard the testimony today, I mean, even if I, Brandon Gross, private citizen, may not support this particular application. Brandon Gross, Board of Adjustment member will support this application when people are done speaking and we're ready for a motion. Thank you. But I will probably would like that null and void language added. So we'll need to talk with the applicant and make sure they're agreeable to that provision. Normally, as you know, I'm not in favor of those positions. I usually oppose them. I think in these instances, in those instances in which I try to remove those provisions, it's normally because somebody is putting in a substantial investment, and they will be locking in that investment. In this instance, I think that a property such as this could easily be converted to a long-term rental or be sold easily on the open market, and so I'm not as concerned about an Olin Boy provision. And so I hope the applicant is agreeable to such a condition. And if so, I would support this application. Thank you. Ms. Plumlee? Can I just check to see if the board has any more questions of staff? I know. Sit down. Excuse me. Am I okay? Are there any more questions for staff? Oh, no. Okay. No, no. Thank you. Okay. Ms. Jennings doesn't want to stand the whole time on those heels. They're cute. Okay. on that. Taking into account my colleague's comments, there is still one glaring fact that this is a commercialization of a neighborhood. And if we were only going to support what the council put in as law, then I would have told those neighbors to go home, don't bother coming down here. Don't come and speak. You're not gonna make any difference. And I want neighbors to make a difference. This is making a commercial zone out of a neighborhood that has demonstrated stability. And I don't know what the intent was for the ZODA when it was written and passed by the Council and the Planning Commission. Was the intent to supply more commercial housing? If that's so, they should have been looking at hotel zones and not advancing to neighborhoods. More and more if you read that in cities that have done this, their supply of affordable housing is diminished. Now, I am getting an ambiguous message at this point when our council mandates, we expand the urban service boundary by thousands of acres because we do not have affordable housing. And at the same time, here we are taking affordable housing off the market. This house would sell at a very affordable price. So, I hear objections from my colleagues, but it's affordable for somebody, for a family. And if we're saying 12 people in here, maybe a family of 12 live there, I don't know. And I think it very much endangers the health, safety, and welfare of that neighborhood. Safety with moving children walking to school, cars back out on Lane Allen, the wealth of the neighborhood because your property, maybe it's not worth this much with that type of activity in your neighborhood. And I'm just opposed that we don't listen to neighborhoods, that we can't listen to neighbors that come here. I think that the American system is better than that. And I guess that's my comment. Yeah. Any other? I would just mention along those lines, I would not characterize it as a commercialization. We have conditional uses in residential areas for quite a few things. Most commonly that we see are home-based businesses. We see daycares. We see those types of things that actually fall within our purview of conditional uses within the residential neighborhood. And none of those instances is in an attempt to commercialize the neighborhood. And it all has a similar effect of temporary in and out. Mostly, we talked about this briefly before, having, like Mr. Clark, having been a consumer of Airbnb, it is just a different thing than what we're describing here. It's more as this particular applicant said, most often it's a family because we have kids and we don't want to eat out every day. And we want to all be in the same place and we want the grandparents to be there keeping the kids. And I do not own any Airbnbs, just for the record. I would like that to reflect. But I do see them as a useful part. And it's much more affordable even in traveling with the family in that particular instance. Now, the situation of affordable housing is a real one. It is absolutely a real one. It's one that we're conversing about, that we're dealing with, that we do have to address. This particular neighborhood has seen the boon of value, right? So I think that's why Brandon and I quickly said no, because luckily, because it is a neighborhood, because of the improvements, because of the attractions nearby, a lot of people have a lot of wealth and a lot of equity has been built in that neighborhood. and as such it has kind of put it out of some of the affordability that we'd like to talk about and this particular issue is not directly tied but one of many that we should look at and address but right now the ordinance does allow it, it is an allowable use and if we can, we do get to listen to the community and we get to make a decision based on that as long as it's within, I mean we just have to be within our purview. Anything? Any other questions, comments? If we're going to entertain a motion, do we want to amend the language or read from another? I'm ready to make a motion. Mr. Reed, if you could come up to the podium. If I make a motion to amend the conditions and make a motion with the new language, would you be agreeable to that new language? I would. All right. Thank you. With that being said, and given the fact that, once again, this is, I believe the staff has set forth in the report. I think Mr. Reedy has shown, you know, he has complied with what the Urban County Council has told us what we are supposed to look at in these instances. And I'm ready to move for approval of PLNBOA 23-62. Aaron Reedy's request for a conditional use permit for unhosted short-term rental in a single family. resident zone on property located at 621 Lane Allen Road, Council District 10, based upon the staff's report and the testimony given herein and subject to the three conditions set forth in the report. And as to the fourth condition, I'm going to amend it to read as following. The conditional use permit shall become null and void upon change in ownership or if the applicant's short-term rental special fee license as regulated by the Division of Revenue in Section 13 of the Code and Ordinance is lapsed or is revoked. So moved. Thank you. Do I have a second? Second. Thank you. Any further discussion? We'll open for a vote. Sorry, we're having technical issues. It's okay. Okay, we'll try it again. Can you all vote on your screen? No, we're all absent. You just want us to raise our hands? Okay. So all in favor of the motion, please raise your hand. Is that how we're going to do it? Okay. And all opposed? Thank you. Your motion is passed. Good luck with your project. And if I could, Madam Chair, two things. I would say to the neighbors that are here today. Once again, the Urban County Council and the Planning Commission have adopted this ordinance. We're just implementing it. We're not making a decision whether short-term windows are good or bad for the community. So I would suggest you take, unfortunately, I was also opposed to us even being in the middle of this and making this a BOA conditional use process because it makes us the bad guys in this. But that's just where we are. So that's all I want to say on that case. I would like to know, if you would not mind, Ms. Carter, I would recommend that we bring staff item VA, if that is possible, and let Mr. Needham. Maybe we could take the photo and not make him sit here for three more hours. I thought he wanted to. I don't want to overstep my position since it's a purview of the chair, but if staff does not see a problem with us rearranging that, I would suggest we do that now and let him. I'm sure he's got soccer practice to be at by five. No, we'll do that quickly. Your motion has passed, sir. Thank you. And I'm confident you'll be a good neighbor. And so everyone with that case may leave in our transition. Is that okay? What's that? Was it VA? So we would like to make a quick presentation of a resolution to one of our former board members. We'll just say, here we go. Mr. Chad J. Needham, whereas we, the member of the Lexington Fayette Urban County Board of Adjustment and staff, acknowledge the conclusion of Mr. Chad J. Needham's term of service to the Board of Adjustment, and whereas we wish to take this opportunity to recognize Mr. Needham for his valuable service to the Board of Adjustment, having served on the board from July 2015 to July 2023, whereas the Board of Adjustment members and staff feel that the service given by Mr. Needham will be greatly missed. Now, therefore, be it resolved, we the members of the Board of Adjustment and the staff express our deep gratitude to Mr. Needham for his service to the Board and to the citizens of the Lexington and Fayette County. And we, the Lexington-Fayette-Irban County Board of Adjustment and staff, do hereby wish for Mr. Needham much happiness and continued success and ask that he continue to give valuable guidance to members of the Board. And be it further resolved that a copy of this resolution be presented to Mr. Needham and also spread onto the minute book of this body, dated at Lexington, Kentucky, this ninth day of October 2023. Thank you very much. You all would like to come up to the front of the dice for a picture? I can do that? Thank you. And I just want to say that it's been an honor serving with you guys and gals. And, you know, it's not easy navigating complex cases and listening to the concerns of neighbors. And everyone, I think, works hard and makes good decisions that have helped shape this city. And I'm confident that this board will continue to thrive and make the important decisions for the betterment of Lexington. So thank you. Thank you. Thank you very much. And thank you to the audience for allowing us to recognize Chad in that way. I will call now PLN BOA 2365. That's Deborah Burton. And the staff will present first. All right. Your next application on the agenda is 23-65 Deborah Burton. This is a request for a conditional use permit for an unhosted short-term rental located in an R1C zone. on property located at 241 East Lowry Lane. The applicant is only proposing to operate the short-term rental for eight individuals. All right, I'll skip past these two slides because I covered them earlier with Mr. Reedy. Never know who gets to go first. All right, so here on the map, the subject property is outlined in red here in the center. East Lowry Lane, it kind of cuts across the page here. Off the page, off the image to the left is Nicholasville Road. Here we have Zandale up just north of the subject property. And then the side street here, which I know I'm going to mispronounce, is Belfontae. I apologize. I'm from Ohio. You can blame that. The area around the subject property is zoned R1C as well. and is mostly comprised of single-family residential uses. Zooming in a little bit closer to the subject property, the property itself is just under a quarter of an acre in size and contains a one-and-a-half-story, just under 1,500-square-foot single-family residence, which was constructed in 1955. The structure itself has four bedrooms and the applicant is not proposing any expansion to the existing structure in order to accommodate the use. And you can see here this property features a long driveway back to a detached garage. These two slides cover the same things as Mr. Reedy. So short-term rentals are listed as allowable conditional uses in the R1C zone. An occupancy of less than 30 days constitutes a short-term rental. And then unhosted means that a primary resident does not occupy the property during the short-term rental period. The next slide, the first bullet here covers the occupancy calculation. This structure being a four-bedroom can accommodate 12 individuals based on this calculation, but the applicant is only proposing a total of eight or a maximum of eight for their short-term rental. And then we kind of covered sufficiently these four items that the board is to consider when reviewing short-term rental applications. This is the site plan submitted by the applicant. Parking for the use will be accommodated in the existing driveway, which can accommodate pretty comfortably for vehicles. The applicant states that the backyard is fully fenced and is screened from adjoining properties to the west, east, and north, or left, up, and to the right. This property is the applicant's first short-term rental. Here's a photo of the driveway just so you can see how long it is. It goes back to that two-car detached garage. Oh, and I'll point out too the fencing there along the driveway for privacy in the backyard. Next is a screenshot of that AirDNA map. Based on this data, there is only one other short-term rental within that 1,000-foot distance. So the subject property is located here, and then this is the short-term rental that is located within that 1,000-foot distance from the subject property. There are others in the area, but they are outside of that 1,000-foot distance. All right, so since this would be the first short-term rental operated by the applicant, there's no record of compliance issues for the applicant. In addition, there's no record of short-term rentals in the vicinity cited as a nuisance by the divisions of building inspection or of code enforcement. And staff considers whether these short-term rentals are located in or within the priority areas that are identified by the task force on neighborhoods and transition report in order to determine whether or not the use would have an adverse impact on the surrounding neighborhood or the subject property. This subject property is not located in an area of concern as mapped within that report. With that, the staff is recommending approval to the board. We are generally supportive of this application. We believe it should not have an adverse impact on the subject property or surrounding neighborhood. And while the area around the subject property has one other short-term rental in that 1,000-foot distance, there are no known nuisances with short-term rentals in the general vicinity. And with this being the applicant's first short-term rental, their history related to compliance issues could not be evaluated. So we are recommending approval with these four conditions, and you'll see that language that Mr. Gross amended on the last application for number four. The conditional use permit shall become null and void upon a change of ownership, or if the applicant's short-term rental special fee license lapses or is revoked. We do limit the occupancy to 8, even though the size of the structure could allow for up to 12, because the applicant submitted that they would maximum do 8. We included that in our condition. I'd be happy to answer any questions the board may have about this application at this time. Do we have any questions? Thank you. Thank you all. The applicant will please come forward. Hi, I'm Deborah Burton, and I thank you for this opportunity to come before you today to discuss my short-term rental application. I just want to give a little background on this. I purchased this property in 1993. I was a single parent with a 5-year-old and a 7-year-old, and I raised my children in this area, in this property, and I would probably still be there today had my sister not passed away. And I took over her property on Zandell, which is one street over. My main reason for doing that is because my knees are protesting going up and down the stairs of Lowry Lane housing. So I wanted to be on a one-level property, so I moved to the Zandell location. and I desire to do a short-term rental because I have family and friends from out of town that occasionally come in and I like to have a place for them to come and to stay. We've had lots of different family gatherings of people in the hospital and for them to come and be able to stay a week or two and to visit is really important to me. I don't have room at my current house, so I like to have that opportunity to have an open time for them to come and visit in a place for them to stay near me. I do not want to sell my property because I want to give that property to my daughter. And the Xando property I'm living in, I want to give that to my son. So those are my two legacy things that I'm going to present to my children. So I'm not going to sell this property, but I do need to make it something to where I can help pay for the mortgage, the insurance, and all that kind of expenses on that. So I turned to the reason of the idea of short-term rental because I enjoy going to Airbnbs. I love going there. I love to be able to take my family there. I love the space. I don't always like the environment of hotel rooms. and I wanted to give that opportunity to people that are coming here and visiting in Lexington. I want to give them a very nice place that they can stay. I've totally renovated this place because I see the value of this property and I want the value to go to my daughter. I put in a new kitchen, new bathrooms, renovated the other bathroom, totally repainted, refinished floors. I put a brand new fence in. And so I really value this property and I value the neighborhood. And I really would like to have the opportunity to give people that are coming to Lexington a nice place that they can stay. I've tried to get here during many times of events in Lexington. And it's very hard to get hotel rooms here. You're even out to Georgetown or to Richmond. And another reason that I really want to offer this is I work in a medical field. and I have sometimes traveling nurses that would like to come for a week or two to stay there. They don't want to stay in hotels. They want a nice, safe place in a neighborhood that they feel safe in. So that was another incentive for me to do something like that to help out the people that are traveling. This area is close to UK Baptist and St. Joseph, and I think it would be a great opportunity for those traveling nurses and medical personnel to have a location that is close to those places and be able to feel safe when they're here. I don't have any other comments to make. I didn't know really what to expect. This is my first time doing a short-term rental, but if you have any questions, I'd be happy to answer them. Thank you. Do we have any questions of the applicant? All right, thank you. And at this time, we'll open the floor for public comment. If you plan to speak, if you can come line over here behind the podium. State your name into the microphone, and then we'll start in a new three minutes. My name is Margaret Ritchie. My husband and I have lived at 233 East Lowry Lane for 38 years, raised our two boys there. We are very invested in our neighborhood, in our community. And we object to this request to turn this single-family residence into a short-term rental. If you could pull up, I don't know who I'm talking to, the zoning ordinance. I just want to point out some wording there that might get to your feeling that the only thing you can consider when you're considering these applications are the four things listed. Could you go to the next slide, please? On that Article 313G, it states that for short-term rentals, the Board of Adjustment shall take into consideration. I have no objection to those four bullet points. But it doesn't say only. It does not say shall only take into consideration those four points. And so I would please ask you to listen to the neighbors who have emailed you, to listen to me and to my neighbor Jerry, that we object to this. We do not want the traffic. We already have a problem on that street as a cut through to Nicholasville Road from Tates Creek Road with speeding on that road. We've got that problem already. We don't want additional transient traffic. We don't want additional parking on the street. If you've got eight individuals in this unit and they each have a car, they're not going to fit on that driveway. They're parking on the street. You mentioned that we've got code enforcement for when there are problems. Code enforcement's not open Friday night, Saturday night when there are problems because of noise. When my neighbor two doors down takes her five-year-old daughter for a walk and has to go out into the street because the cars are blocking the sidewalk. Right? Because you've got that many cars in that driveway. Code enforcement's not going to respond Friday, Saturday night. And by the time you get to them on Monday, well, somebody else is coming in the next weekend. Okay? This is going to change our neighborhood. We have a wonderful neighborhood, a stable neighborhood. We don't have a need for more short-term rentals in the city. I was shocked at that map with all the blue dots. We've got four hotels within one mile of 241 East Lowry Lane, including an extended stay hotel that has kitchen facilities. We don't see the need for this. We see it as causing problems, and then it's the neighbors who have to monitor that, isn't it? We're the ones who are responsible for reporting the code violations, for calling the police if a party gets out of hand, that they're not respecting the noise ordinances. We would want that to not happen. We all have this wonderful image. I've used Airbnbs too. The only people who use them are families. That's not the case. Thank you. Thank you. Good afternoon. Excuse me. I'm Jerry Province. I reside at 236 East Lowry Lane. Also have 234 East Lowry. I've just fixed it up and have my mother there. I'm trying to take care of her. My wife and I have lived in the neighborhood for 33 years now, and I'm retired. from the Kentucky State Police, and we specifically chose this neighborhood. It's a well-kept secret. It's a very good neighborhood. We have very little issues on crime as such. The things that I would want you to consider is in Part D of the zoning ordinance that says towards the end of it when there is sufficient evidence that a greater occupancy will not result in overcrowding or create a nuisance. I'm not sure how you're going to just obtain that evidence. I can tell you that there's so many unknowns to this. And being a former state trooper, I'm going to be a little crude here. But there's things that concern me of who may end up in these short-term rentals. Would we have groups such as refugees of immigrants that come in? Are there going to be homeless people that are sponsored to reside in these places? Can students rent these for the 30 days? And we know how that can be at the UK State Street. Issues that they may have. Will migrant workers be allowed to come in? Businesses that employ the health services such that would need a house for AIDS or quarantine facilities in neighborhoods. They exist. would there be folks there that are part of alcohol or drug rehab or halfway houses there for short-term rental? Those are things that obviously what she has said sounds very innocent, and that may be her intent at this point, but that doesn't keep her from doing these type of things. So you're just going to open this up and create that possibility for that nuisance for the rest of this community that has been a very good community for our families to live and hopefully we'll die there. Also, I'd like to point out that St. Michael's Church is just right around the corner. It has a daycare and school facilities. facilities, what guarantee will there be on those people that are listed on the sex offender list that would be residing there for up to 30 days? Thank you. There's no provision there. Thank you. Any questions? Okay. Thank you. Ms. Burton, would you like to respond to any of those items? And then lastly, we'll have the staff address any statements as well. I understand the concerns of the two people that came up to give their comments. No, I do not intend any of those things that the last speaker talked about. And there are already sex offenders down the road and other hotel places are on the sex offender list. So I don't intend to be having anyone coming into my property like that. But everybody is always talking about the worst case scenarios of everything. But there's always the best case scenarios of everything. And so both considerations need to be made. I intend to have a very peaceful place for families to come and to be able to stay a short term in Lexington. And I don't intend for students to stay there. I don't intend for all these other categories of vehicles, of migrant workers or anything like that. And I understand why it seems like it's opening up a Pandora's box, but that's not the intent. And I will restrict the people from coming of those different categories. So I just don't agree with not creating an opportunity to be able to have visitors come to Lexington and have a nice place to stay in a safe neighborhood. Thank you. Staff? And staff may address this, but when you come up, but I do think we should be careful about who we're restricting properties to or not. There are fair housing laws that are outside of our ability to... Plus, the city has a non-discriminatory ordinance, which also limits your ability to stay who can stay at a property. So it is not our intent to do that, to support that. And I don't think it was the applicant's intent. I don't think so either. I just want to make sure it was said for the record that that is not at all what we're supporting or asking to do. Right. That was the first thing I was going to state. Just caution the board to not discuss the types of people who would be utilizing this property. The only other thing I would like to add is that the first bullet here, 313D, the very last sentence applies to when the board is asked to increase the occupancy above the allowable limit. Of course, creating a nuisance is already incorporated in your review of every single other conditional use permit, but that specific reference is to increasing the allowable occupancy limit. Those are the only two things that I really had planned to say, but I'm happy to answer any questions. Thank you. Do we have any questions? No. Okay, thank you all. There's no further discussion. I will entertain a motion. Madam Chair, I move for approval of PLN BOA 23-65, Deborah Burton's request for a conditional use permit for an unhosted short-term rental in a single-family residential zone on property located at 241 East Lowry Lane, based on the staff's recommendation and subject to the four conditions as listed. Thank you. Do I have a second? Second. Thank you. No further discussion. We will open for a vote. Thank you. Your motion is passed. Good luck with your project. Our next item on the agenda is PLN BOA 2366. That's Mr. Dalton Stanley and the staff will present first. Everybody good? Okay. Well, hello there. Hello again. The next case before you today is 23-66, Dalton Stanley. He is requesting a conditional use permit for an unhosted short-term rental in an R1D zone on property located at 1706 Cameron Court. And he is requesting that the occupancy be up to 12 individuals. Sorry, Megan. Donna, can you update the case? Thank you. All right. All right. Scroll past those. So the subject property is outlined in red there in the center of the screen. Cameron Court terminates in a cul-de-sac here, but does extend up to the north and connects with Radcliffe Road, which runs here. Radcliffe then connects with Russell Cave Road here. The library is located over here, and then the Windburn area is further up Russell Cave Road. And I went forward. The subject property is in the R1D zone and the surrounding area is as well and is mostly comprised of single family residential uses. Zooming into the property here, the subject property is just over 7,600 square feet in size and contains a two story, 2,200 square foot single family residence which was constructed in 1964. The structure features five bedrooms and three bathrooms. In this case, that five-bedroom occupancy calculation, if they did two people per bedroom plus four, that could get them 14, but they are only requesting the 12. So they are not requesting to increase the allowable occupancy with this application. This applicant is not proposing any expansion to the existing structure in order to accommodate the use. Again, the zoning ordinance, the R1D, short-term rentals, unhosted short-term rentals are listed as a conditional use. And short-term rentals defined as anything less than 30 days. And then unhosted is defined in where a primary resident does not occupy the property during the short-term rental period. Furthermore, the zoning ordinance states the occupancy calculation there in the first bullet. and then the second bullet there including the four considerations the board needs to take into account when reviewing short-term rental applications. Next, this is the site plan that the applicant submitted. They are requesting a short-term rental for up to 12 individuals. vehicles, parking for the use will be accommodated in the existing detached two-car garage, which is labeled there on the site plan, as well as in the driveway, which you can see kind of adjoins the driveway for the neighboring property to the north. The length of the driveway can accommodate up to seven vehicles. However, the applicant has stated that they are limiting their short-term rentals to a maximum of three vehicles. They state that the backyard of the subject property is fully fenced and that gatherings exceeding 12 people will not be allowed. The applicant states that they are installing security cameras along the exterior of the property in order to monitor on-site activity and monitor those who are entering and exiting the property. They will also use these cameras to ensure that the three-car maximum is being followed. They acknowledge the issues with the adjoining driveway and don't want to create issues with the neighbor there. They also state that they will be conducting random drive-by visits in order to monitor the property as well. Here is a photo. The property itself is there on the right side of the screen. Here you can see the adjoining property. They have been doing some remodeling work, so you see that work truck there in the driveway. and just beyond it you see the two-car garage peeking out. The property there to the left of the screen is 1702 Cameron Court, and that is the address for the property that they have this adjoining driveway situation. 1710? Okay. A member from the audience clarified that it's 1710. I apologize. I read that wrong on my mapping system. The applicant states that the limit of the three cars will limit potential conflicts with the cars parked along the adjoining driveways. And the applicant states that they will be able to use those security cameras to ensure that guests are complying with that rule. This next image is from AirDNA and shows the existing short-term rentals in the area. I'll highlight the subject property because I forgot to do that. Here is Radcliffe Road, and Cameron Court comes down here. The property is there kind of at the end of the cul-de-sac. So within that 1,000-foot distance, there are no... other short-term rentals in that buffer area, although there are a couple in the surrounding vicinity. The applicant currently has two other short-term rentals in Lexington. There's no record of short-term rental compliance issues with the applicant and no known records of short-term rentals in the vicinity cited as a nuisance by building inspection or code enforcement. The applicant states that they have never received complaints with the other two properties over the past two years of their operation. And those two properties have received their zoning compliance permits from the Division of Planning. And staff considers whether proposed short-term rentals are located in or within proximity to the priority areas, priority areas identified by the Task Force on Neighborhoods in Transition Report. and this property is not located in an area of concern as mapped within that report. With that, staff is recommending approval of this application. Given the applicant's willingness to monitor the guest parking and ensure that no impact to the adjoining property owner's driveway is affected by the short-term rental use, staff finds that the proposed use should not have an adverse impact on the subject property or surrounding neighborhood. And also because the area around the subject property does not feature other short-term rentals and there are no known nuisances with short-term rentals in the vicinity. And also the applicant does not have a history of compliance issues with their other short-term rentals. We have included these conditions of approval. We are limiting the occupancy to 12 as requested by the applicant. And the null and void condition is there in number 4, which specifies a null and void and change of ownership and if their special fee license lapses or is revoked. I'm happy to answer any questions the board may have about this application at this time. Any questions? Okay. Thank you all. Thank you. We'll hear from the applicant, please. Good afternoon. My name is Dalton Stanley. I'm applying for a conditional use permit for a 1706 Cameron Court for a short-term rental. My wife apologized. She couldn't be here today. She's a school teacher, so she couldn't get off. that she sends her regards in. We're applying because we think this short-term rental would be a great benefit to Lexington and the neighborhood itself. The city has recognized the benefit of having short-term rentals in our community and has allowed a way for that to happen so long as conditions are met. And I believe I meet all four of the conditions. That's how the city has recognized that that needs to be met in order to have a short-term rental. And for that reason, I believe my application should be approved. Looking at the first condition, the number of short-term rentals in the proximity to the one being considered here. Again, like the staff mentioned, there are no short-term rentals within the proximity weighing in favor of approval. The second, demonstrated compliance of the applicant. if they operate other short-term rentals in Lexington. I do operate to other short-term rentals in Lexington, and as staff has indicated, I have compliance with both of those, so I have a record of compliance. Third, the occupancy rate of other short-term rentals in the vicinity. Again, there's not any short-term rentals within the relevant vicinity. Therefore, that also weighs in favor. and forth, whether the short-term rental in the general vicinity creates nuisances, including those operated by the applicant. Again, not any short-term rentals within the vicinity, but I do have two short-term rentals in the city, and neither of those have nuisances cited against them. And I don't have any complaints from the neighbors over the last two years that I've operated those. I self-manage and so I'm able to screen every person that comes in to the property and wants to stay there and I don't want to create any nuisances for my neighbors. I haven't. I have a record of that and that's what will continue to happen with this property. There'll be a record of compliance, no complaints from the neighbors, no nuisances created. one of the short term rentals that I have I have a great relationship with the next door neighbor and she has my cell phone number, we speak frequently I actually pay them to mow the grass of the property and so if there ever were to be an issue she has the ability to contact me And that's something that I wanted to employ with this property as well. I've become very good friends with Ms. Yolanda right next door to the property. And if there are any problems at all, she has my phone number and I'll address those immediately. And I've given my phone number to several of the neighbors. And so the offer obviously extends to anyone who may have an issue with the property. There are several things that we employ to make sure and prevent problems from even occurring in the first place. And the biggest way to prevent problems is to prevent people coming to the property who would create an issue. And so, like I mentioned earlier, we screen all the applicants if they have negative reviews from other hosts. Again, like one of the applicants said earlier, hosts are more than happy to negatively review a guest who has created problems for them. And so I look at those comments, and if they're present, I don't allow that person in my property. Also, we're going to install cameras at this property. It's not something I have in my other properties because it hasn't been necessary. I haven't had any issues where I need cameras. But that's something I'm going to employ at this property just for an added precaution. They will have audio and video. So I'll be able to hear if there's noise problems as well as see and monitor parking and enforce that as needed. So with that, I would welcome any questions that the board may have. I have a question. Yes. Do you all share the driveway with 1702? There is an adjoining driveway, yes. And I think that one of the members of the audience is 1710, but there is an adjoining driveway. So these cars would be parked right next to one another, is that correct? That is incorrect. That could be possible, but we're going to limit parking to the portions of the driveway that are not adjoining. So specifically the garage, two cars can fit in there, not adjoining with the neighbor's property. And then there are two spots actually in front of the garage that don't adjoin the neighbor's driveway. And so we're going to limit parking in that manner to prevent any issue from coming up. Okay. My second question is, how do you enforce limiting a maximum of three vehicles? Like I mentioned before, the cameras, they'll trigger whenever there's motion and alert me to my phone. I'll have an app where I can monitor parking. And if I see that there are parking violations, parking that's causing problems with the neighbors, I'll be able to see that before the neighbors will even be able to let me know. And at this point, how do we make sure that the cameras will be installed? I'm more than happy to make that a condition of my permit. I'll ensure that they're installed. Thank you. Thank you, Madam Chair. Are you the owner? I am the owner. I have it in the name of my LLC. How long have you owned that property? I believe we purchased it sometime in July of this year. So we've had it for several months now. And may I ask the purchase price? Sure. I think it's a matter of public records. It's $175,000. Thank you. And if I may continue to add on to that question, I think what you may be getting at is the affordable housing issue. This was a property that we purchased off of an older lady, and that house had significant issues, and it was not livable, in my opinion. The HVAC was not working. There were plumbing issues that we've had to replace. There's several issues with the property since it was an older home. There's insulation needs to be added to the attic. We were spending around, I think, $60,000 to get it habitable. So to the extent that a young family would be looking for a property, that's not one I think they would consider. Thank you. Any further questions of the applicant? Thank you, sir. Thank you. Take a seat and we'll open the floor for a public comment if you do wish to speak. Come to the podium and line up right behind. Okay. Is there a certain order you'd like to show me, Sam? I have a... I guess you can leave this with the lights, all the rest of the cameras. I guess I'm going to get my name. I'm Dwight over street at 1710. The house is right next door to Mr. Stanley. I'm at 1710, the house right next to Mr. Stanley. I own the house with the driveway disconnected. What is your name, sir? Dwight Overstreet. Dwight Overstreet? Yes. Can you hear me? Okay. This is the first slide I have right here. Mr. Stanley, he moved in and we met him. Very nice gentleman. Seemed like he was good. This is one of the construction issues we've already had. This stuff has sat out here for 30 days. And I've called code enforcements to get this stuff picked up. You want to go to the next one? This is the trash that's been sitting out there for 30 days. And you can go to the next one, too. This is one of the trucks. I've had to relate to buying signs. Please do not park in my driveway, private drive. His contractors have been in my grass with the trucks. I've had multiple conversations with him. The only thing he says is, I'm sorry. I'm sorry. But at the end of the day, and I'm not a public speaker, so forgive me if I'm getting a little beheaded myself. But let's go to the next one. This is one of the trucks leaving at 1 o'clock in the morning. And he takes the front of my yard when he backs out. But that's my security cameras around the house that I have. You can go to the next one. This is the driveway. If somebody's parked on the right side, they've got to back around there into my driveway to get out. So this is, I think it's going to be a cluster in Ole Miss. I've dealt with his contractors already. Like I said, the only thing he comes to me is I'm sorry. But, you know, I work at night. My wife works in the daytime. I don't want to have it to be an issue of me getting out of my driveway with all this traffic. So, go to the next one. This is the science that I've had to put up. And is there any other questions? Thank you, sir. Anybody have any questions? I have questions. Can I ask you what that sign said and where that sign was? Could you show that picture again because I'm not clear. I put it on a private drive. Was that your sign or his sign? No, that's my sign. I've had to put that in my driveway because his contractors are in my driveway. My wife was trying to get in and take my dog to the park one day. And the contractor told me, So you have to wait to get the air conditioning installed before you can get in your driveway. And I said, no, that's not going to happen. So, you know, this is some of the things that we've had to deal with. So I related to getting signs put up. You know, this is something I don't want to have to deal with. We've been there 14 years. We've had a good rapport with the neighborhood. I think this is just going to be a mess. Okay. Thank you. Thank you. Yes, my name is Maria Overstreet. I reside at 1710 Cameron Court, and I am beside the house in question. My problem with it is basically the driveway. It's a shared space, and it's a tight space. It may look wide and big on the screen, but it's not a big driveway. I don't see how seven cars will park there, because if you have two cars and then you have another car that piggybacks on that other car, it's going to lap over. I had the issue with the contractor that was parked sideways. I could not get down to my driveway, so I kindly went over and asked if he could move his vehicle or either close his doors. His doors are wide open. It was like I had to wait for a few minutes, and they had an issue with it, with being moved. But you pull in the driveway straight. You don't pull in crooked. I feel like this is going to be an issue from here on out. I also feel like with this being a highly transient space, it's going to create a lot of higher crime for the area. This is a beautiful neighborhood with a lot of beautiful houses. A lot of these people have lived on the street for quite some time. I feel like with an unhosted space, you're going to have a lot of issues. You're just asking for a can of worms. and I feel like a highly transit housing area will only poke holes in the social fabric of our neighborhoods to this day. I am not in agreeance with the fence. He wants to put a fence up down the middle of the driveway. Then it's not going to help. I feel like if you could do like a small curb, that might help people to stay in their space. But if you go and drive to our driveway and you look at it, you think, oh, well, this is two driveways. I can just park wherever. That has happened with the contractors. You cannot park wherever because there is a private space right here. There is also a residence here. This is a problem I'm having with it. I'm sorry that I'm focusing on the joint driveway, but that is my main concern. I have people that come to visit, and I would like for them to be able to have parking in my driveway. There's enough space where they should be able to do that and be allowed to do that. I am hoping that this is denied because of the fact that I feel like it's taken away from my safety, especially at night. I don't feel comfortable with it, with the transient housing, and I hope that you take the driveway into consideration and the big, large fence that he wants to put in the middle. I feel like that's going to take away from the attraction and the beauty of the neighborhood. Thank you for your time. Thank you. Hi, my name is Janet McQuire, and I live at 1701 Camden Court. My husband and I have lived there for 34 years, and most people don't realize, but there are still some neighborhoods that have mailboxes on the curb, and ours happens to be one of them. Anyone that parks out there, we don't get our mail. And who's to say that these people that are coming and going know that? They don't. We don't even park out there because we can't even get our mail. So we know that we cannot park on the street when our mail is due. And there's also some concern with our garbage. Where are we going to put our garbage cans if people from, they don't care, the people that's going to rent this, because they're not going to be getting their mail. They're not going to be getting their garbage picked up. But if they're parked in that street, those trucks cannot get up there to get our garbage off the curbs. and this is going to be quite a problem. And I'm really concerned about Mr. Stanley's, I guess I was wondering if he even has a reconstruction permit because for one thing, I've never seen a construction dumpster over there. It was all piled out in front of our house. And this brings up another thing. Who is monitoring people like Mr. Stanley who are renting these B&Bs out to people. Because I think someone said that maybe they were going to ask the building inspectors. Well, I already am aware that I'm pretty sure that there is a shortage of building inspectors right now for the city. So who's going to be monitoring him? Does he have a permit? Does he have, is there firewalls up over there? Or is this going to be because of problem with fires in our neighborhood? if we're turning out and putting up walls and reconstructing without permits and without any monitoring, this is a problem for our neighborhood. And I'm really concerned about the parking. Because when you've got two or three cars in a driveway and there's no, it's shared, they're going to be, oh, well, this is too much trouble to move my car. I'm going to park in the court. Well, that's a problem. A court has mailboxes and our driveways and places that we put our garbage. So for us, this is a real big problem when you have a dead-end court. And I hope you'll consider this because I think in the considerations, one of the things they said was it should not have an adverse impact on traffic in the general vicinity as adequate off-street parking. I think that was one of your rules. So before you consider this, and I hope you don't consider giving them this permit, I want to thank you. Can I state your name again? I'm sorry, I missed you. It's Janet McGuire. Okay, thank you. Thank you. Frank Green. I live at the 1717 Cameron Court. I've been there for 35 years and so I'm well versed in what goes on in the court. A couple items I wanted to bring up. First of all was under the sheet that you all put out there is B, which is the no inverse impact on traffic. I disagree with that and then the second one which Ms. McGuire just presented, all necessary public services and facilities. I'd like for that to be noted. And the reason why I have said those two things leads up to this. And I'm going to start with, could we have a, okay, the first and foremost, These kids, they play in the court because they have nowhere else. Park nearby, so they do play in the court. That's my first concern. I have another one of the children. These were just the children. I blacked out their faces because I didn't think it was appropriate to put them on the board. But anyway, with more traffic coming down through there, and I understand that this is recommended for 12 individuals. Okay, we've got, he just, Mr. Dalton just mentioned three vehicles in the driveway. So where does that put the other nine vehicles if everybody is coming in single vehicles, their own vehicles? That's one question. Okay, the next one. Since I retired from the fire department and the reason why I state that is because if we're going to have nine more vehicles parking down in that small court, that's going to hinder access to fire and EMS. And I take that very seriously. That's just not enough parking. We have trouble at this time just getting our garbage trucks in and turned around. A fire truck, an ambulance, what have you, even police vehicles, they don't have time to be looking for a parking spot. So that is one of my biggest concerns with such a small court. An engine company is 35 feet long. A ladder truck with all the ladders on it is 45 feet. They just can't tell somebody, can you pull up a little bit? Because in this court that is so tight, there's no place for them to go. I don't need a guy sitting 500 feet away to carry a ladder down the street to my home or close to my home. I live up the street, two houses on the other side of the street from the house in question. So those are my biggest concerns. And like I said, the children with all the traffic that this can produce. We've had plenty of traffic where people have turned around and I need to speed up here. Where people have went down the wrong way and turned around. We have enough of that already. with 12 people who know nothing about the area or the kids that's going to be a problem. The only other part that I see with this is he was talking about the monitoring. Well I have a couple pictures can I get these pictures in real quick. but anyway the pictures that you see now this garbage was out there for approximately a month this is the end of it here i have a date on the top of it can you bring it down that's september 29th could you show another one of those pictures please. Okay the item that you see in between the two Herbie containers on the left that's on the 22nd of September. Now could you show her today's picture? October the 9th now he's talking about you know that that's a nuisance alone not just that item but all that like Ms. McGuire said that there was no construction waste container. We didn't even see the grass right there for over 30 days so I don't know how responsible that is. Okay. Okay. I'm sure you understand my points. Absolutely. Thank you sir. Any other public comment? Do you all have any questions? No. Okay. I'm here. And if the applicant would you like to come and respond please? I appreciate the neighbors' comments and you're allowing me to address them. First, I'd like to say flipping houses is new to me. It's not something I've done before. So the trash in the last couple months while we've been remodeling, we have had trash go to the curb, and it's been a learning process for how to dispose of that properly. That's something that, as you saw in the picture, October 9th today, that's something that I have figured out and is no longer there. And so we're nearing the end of our remodel now, and so that's not going to create an issue moving forward. I think there was a piece of concrete that I guess is not allowed to be taken off the street, so I can actually pick that up on my way home and dispose of that properly. But that's not the same trash for the past 30 days. It was new trash as the remodeling process was going along over a period of time. But something that I think we should keep at the forefront of our minds is I haven't flipped before, but I have hosted short-term rentals before. And that's something I do know how to do and something I do well. And I have done a really good job over the last two years in operating those and making sure neighbors haven't complained. And that's something that I'll continue to do moving forward. Next, I'd like to address the parking at the driveway. There was an issue early on with a contractor who, I guess, opened their doors and onto the adjoining side of the driveway. and Miss Overstreet had a hard time getting through and they may have said some things that my contractor may have said some things that were very out of place and rude and I recognized that and I fired them immediately. So I'm not just saying sorry and not addressing the issues. I have addressed that issue and there was one other occurrence. My next contractor, they did accidentally go on to a little bit of Mr. Overstreet's grass, and I recognize that's not acceptable. And Ms. Overstreet mentioned that I wanted to build a fence. I don't want to build a fence. I had that conversation with Mr. Overstreet just saying, I recognize this is an adjoining driveway. I'm going to do things to make sure that this doesn't happen again. And other than limiting parking to not being along the adjoining part of the driveway, I think it might be a good idea. What do you think if we build a fence? And after that conversation, we both, at least from my perspective, walked away with it's not something that's needed at this time. But if that's something that they want, I'm more than happy to install a fence just to divide that driveway to make sure that it's not an issue. I think Ms. Overstreet mentioned parking curbs along that. I think that's a great idea. I'm more than happy to do that. If the neighbors want me to put that on that adjoining portion, I will absolutely do that, and I'll talk to them after the meeting. With respect to the traffic, there are some comments about nine vehicles and seven vehicles. I'm limiting parking on my property only, and there will be no street parking allowed, and it will be limited to three vehicles. And so there will be no seven vehicles, nine vehicles, and if that does ever occur, I will have those vehicles towed immediately, and we'll be able to monitor that with the cameras. I do have, I know it hurts from a few neighbors that object to the application. I have had neighbors that supported the application. They didn't come today, but like I said, Ms. Yolanda, I had a good relationship with her, and she's excited to have her family come and stay during visits, Christmas, holidays. And then another neighbor, Mr. Hendricks, he supported my application as well. Do any of you have any further questions? Do we have any questions? So are we agreeable with any amendment to the conditions that state the parking or address those issues that you talked about? Absolutely, yes. Okay, thank you. We'll allow staff to address any other open issues. One other thing, if I may. I just want to thank all of you. I know it's been a long day and you've spent significant time on my application and others. And staff, thank you all as well. Thank you. I just wanted to add some context to the parking situation on the site and I may go to my street view level. So I want to clarify, these are adjoining driveways. They're both wide enough to be two separate driveways. They're not shared, they're adjoining. And so Mr. Stanley talked about adding a barrier down the center and working with the overstreets on that. Any fencing that would be installed would be limited to four feet tall, but it doesn't seem like that's the best foot forward right now. So a curb would be possible there. and I'll go back to the, let's do the aerial here. I want to highlight on the site where the parking is going to be limited. So they do have a detached two-car garage, which the applicant stated, the short-term rental guests will be required to park two of their three allowable cars in there, and then the third car will be parked in the driveway in front of that, where the neighboring driveway does not adjoin, so there aren't issues. And then I wanted to address the remodeling. If Mr. Stanley is not moving any walls, a remodel permit may not be required. So he's able to update interiors without any permits, but of course would need to check with the Division of Building Inspection to make sure, permit-wise, that he's good. Does the board have any questions for staff at this time? Questions? Thank you all. Thank you. I would just like to state for the record that since 2020, Lexington has had a documented concern over housing gentrification and has addressed that with committees, task force And I am reading now from the Harvard Law and Policy Review, reduces the affordable housing supply by distorting the housing market. Two interconnected mechanisms that is addressing short term rentals. I think that the short term rental, unhosted especially, will create a housing problem. It will compound our housing problem that we already have as far as affordable housing. And eventually, we will come full circle and what will we do? We will address it with a task force in typical government fashion. Create a chaotic situation and address it to clean it up with some other undoable situation. How can we do the right thing without really information? And what is the alternative? Thank you, guys. Appreciate it. Thank you. Ms. Tucker? I'm still concerned about the shared driveway. Adjoining. Sorry, adjoining driveway, especially with new people coming and going and not knowing maybe where the boundaries are. And even if you put in some sort of curb or something, I'm concerned about them getting in and out in an emergency situation. So that's just my thoughts. Thank you. Nothing further? I will entertain a motion. Do we need any time? Did anyone want to make conditions? Yes, Ms. Plummer. I think the concern about traffic in that little court in the driveway, as my colleagues just suggested, is grounds to refuse this one. So I would be willing to make that a motion. If you're making a More than that Okay Yeah we'll take a recess if you're Making a motion for Disapproval Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. ¶¶ Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Back in session. And at this time, I would entertain a motion if there was one. I'd like to make a motion. I move for disapproval of PLM BOA 2366, Dalton Stanley, for conditional use permit on the grounds that the cul-de-sac does not provide proficient on-street parking and the only off-street parking uses a joining driveway with insufficient screening, which will have an adverse influence. I'm sorry, excuse me, did you say sufficient or proficient? I didn't hear you. Sufficient. Yes. Okay, sorry. My apologies. Yeah. Provide sufficient. Not provided sufficient. Okay. Influence on the surrounding neighborhoods. Existing services cannot adequately meet or use. And we do have a motion on the floor. Do we have a second? I second. Okay, Ms. Plumlee has second. We will open for discussion at this time. um the whole thing yeah that was it so don't the end of it so this is you don't need any of that okay do you want to amend yes please we will amend the motion can we it's a friendly amendment is that what you call that okay so you you could you could withdraw it and do it again. Did I? It might be clearer to do it that way. Which one's the fastest? Withdrawing and do it again. Okay. I will withdraw the motion and then I will move for a new motion. I move for disapproval of PLNBOA 2366 Dalton Stanley for conditional use permit on the grounds that the cul-de-sac does not provide sufficient on street parking and the only off street parking uses adjoining driveway with insufficient screening which will have an adverse influence on the surrounding neighborhoods. Do we have a second? Thank you. We will open for discussion at this time. I just, I wanted to make reference that that's not, that's not what the applicant has said. I mean, they are willing to have parking that's not in the adjoining driveway. They're willing to limit the parking to inside the garage and in the space that's not adjoining to the driveway. So I just wanted to make note of that. I would distinguish a little bit in that I think the issue is that it is two driveways next to each other, which essentially causes the potential or additional nuisance on the neighbor's property if someone is not adequately using and from experience with my mother having a dual driveway i can tell you that does happen from time to time i'm sure um and so i so i think that's a so i believe that was miss tucker's point is okay there is the issue of it being so connected to the neighbor that could cause additional interference with the neighbor. And then on the off-street parking, if off-street parking was utilized, it would be a problem. The concern is also that people who do short-term rentals are there for a brief amount of time. So it's not like a neighbor that you can go and say, hey, it's constantly new people coming in. Yes, yes. So as an example, it only takes my brother one time to come out and scream at somebody, and then they learn their lesson, versus every single weekend that occurred. Still the next. I'm with you. That's fine. Okay. So we do have a motion for disapproval on the table. Are we ready for a vote? Okay. All right, so the motion has been denied. The application has been denied. Okay, so the next item. That's the end of the case, folks. That's it. The opposition won. You can leave. Opposition 1? Yeah. Really? Yeah, please thank you. Okay, the next item is PLN BOA 2367. All right, you guys, we still have more cases. If we could please clear the room, please. Excuse me. We still have cases to be heard. So if you guys could exit quietly. Thank you. I want to do more with the hammer. All right. The next application before you is 2367 Kate White. They are requesting a conditional use permit for an unhosted short-term rental in an R1C zone on property located at 333 Henry Clay Boulevard. The applicant is requesting their unhosted short-term rental for up to 10 individuals. All right, we've seen these guys. This is a vicinity map of the property, which is highlighted here in red in the, nope, hold on, there we go, in red in the middle of the screen. Henry Clay Boulevard runs here. with Menifee Avenue up here. Sherman Avenue is behind Liberty Road to the north off the screen and Richmond Road to the south off the screen. Located here is the Lexington Hearing and Speech Center. So the surrounding area is also zoned R1C and I believe the majority of the Kenwick neighborhood, which is the Sherman and Bassett Avenue, is zoned R2. Zooming into the subject property, the property itself is just over 8,000 square feet in size and currently contains a two-story, 2,000-square-foot single-family residence, which was constructed in 1942. The property's rear yard is fenced and screened from neighboring properties, and the applicant is not proposing any expansion of the existing structure in order to accommodate the requested use. One thing I'll note, the applicant lives immediately next door at 337 Henry Clay, which is located here. Again, these two slides with the zoning ordinance, then the R1C zone, short-term rentals are in allowable conditional use. Rentals for less than 30 days are considered short-term rentals. And unhosted means there's not a primary resident occupying the property during the rental period. The first bullet here talking about that occupancy limit. I don't think I stated how many bedrooms there were. I don't have that noted. I'll have the applicant answer that. But they are requesting a total of 10 occupancy or occupants for their short-term rental. And then the four bullets here that the board is to consider when reviewing short-term rental applications. This is the site plan submitted by the applicant. Parking for the use will be in the existing driveway, which extends the length of the property and goes back behind the home. Based on the length of the driveway being around 100 feet, we estimate that there will be up to four vehicles that can fit parking-wise in this driveway. The applicant opines that their short-term rental should not have a detrimental impact on the surrounding area as they only anticipate to rent the property 50% of the time. Furthermore they state that they would like to keep the property open for their own family members to stay in when visiting. The applicant states that they will not allow for outdoor noise after 9pm and they state that they will be able to monitor activity on the property because they live immediately next door. They said in their application materials that they have a young family and their grandparents like to come into town and visit and will stay in this home and help with the grandkids and be able to live immediately next door when they are in town. And so when it's not being utilized by family, the applicant would like to be able to use the property for the short-term rental use. Here's a photo of that driveway. it's quite long and extends back behind the home and can accommodate around four to five large vehicles as the applicant has stated in their materials. The applicant has submitted these photos of the backyard and they state that the trees and the fences will aid in minimizing disturbances to the surrounding properties. And this fence here is the fence that adjoins with the applicant's own personal property in this subject property before you today. This next photo actually shows a gap in the fence where the applicant is installing a door on their own property in order to access the rear yard to the subject property. I'm sure this will come in handy when the grandparents are staying here, but also allows for close monitoring of the use of 333 Henry Clay Boulevard being utilized as a a short-term rental. Next, here's a screenshot of the AeroDNA listings in the area. Subject property, this is Menifee and Henry Clay. Subject property is located around here. As you can see, there is a clustering of short-term rentals in the area. And based on the AeroDNA data, there are about a dozen short-term rentals within that 1,000-foot distance. Because the listings are 100 percent exact for the sake of privacy and security for the short-term rental listings you know the air dna points aren't the exact location where they're located so we're estimating about a dozen are within that one thousand square foot buffer so this property three three three henry clay boulevard would be the first short-term rental operated by the applicant There's no rental or record of short-term compliance issues with the applicant because of this. And there are no short-term rentals in the vicinity that are known to have been cited as a nuisance by building inspection or code enforcement. And then staff considers whether proposed short-term rentals are located in or within proximity to the priority areas that are identified by the task force on neighborhoods and transition report. and this property is not located in an area of concern as mapped within that report. With that, staff is recommending approval of this application. We believe that the proposed use should not have an adverse influence on the subject property or surrounding neighborhood, especially considering that the applicant lives next door at 337 Henry Clay Boulevard, and that is their primary residence. The area around the subject property does feature a concentration of short-term rentals. However, since this is the applicant's first short-term rental, they do not have a history of compliance issues. And hosted short-term rentals, where an operator lives in the unit as it's being rented or within a unit on the same property, hosted short-term rentals are considered accessory uses in this R1C zone. And because it is expected that the, and they're allowed to be accessory because it is expected that there will be less of a nuisance because it's hosted. There's onsite monitoring of the short-term rental uses on the property. Even though this is an unhosted short-term rental, it's effectively being monitored as a hosted short-term rental because the applicant is living immediately next door. And because of that, staff is comfortable moving forward with the recommendation of approval. Because the hosted short-term rental is allowed as an accessory use, and we feel that this is a comparable operation, even though it is technically unhosted. We are including an additional condition of approval to this application in contrast to the other applications, which is number five. We state that the conditional use permit shall become null and void if the applicant no longer owns or operates the short-term rental Or if the applicant no longer occupies the adjacent property at 337 Henry Clay Boulevard We made we included this Condition of approval due to the concentration of short-term rentals in the area unhosted short-term rentals in the area And we're comfortable moving forward with approval because the applicant lives immediately next door and the requested short-term rental at this property will function essentially as a hosted short-term rental with them living next door. We are limiting the occupancy to 10 individuals, and the other, number four just talks about the special fee license. So we kind of broke out the operational null and void clause and put it in with the applicant occupying the property next door clause in number five. Does the board have any questions about this application at this time? Okay. Thank you all. The applicant. Thank you all for staying attentive. I know everybody's tired. As a little break, I brought some cute little faces. So this is a little breath of fresh air, these little cuties up on the screen. These are my five kiddos. And that's Maggie Day, Tallulah, Harrison, Malachi, and Easton. And I'm not going to lie, we need some help from our grandparents. So that's how this endeavor started to be. Our dear neighbors who we loved, they were very close and dear to us, were deciding to sell their house and we saw an opportunity to purchase the home to better enable my parents to come and hang out and help us with our kids when we're working. So I've written a little something up here to keep my train of thought. My name is Kate White, thank you for this time and opportunity to come and request approval for a short term rental use of 333 Henry Clay Boulevard. My husband Ryan and I have lived on Henry Clay Boulevard for six and a half years. Our children are ages 9, 7, 3, and 2 with our fifth and final now 11 weeks old. It is a full season of life to say the least and we love the help from grandparents. To explain further, as you've seen, the property is the adjacent next door neighbor to our personal home and we have ran out of space for grandparents to comfortably come and stay. The housing market has experienced a change as we all know and home prices have increased in price and interest rate. So we are requesting approval to operate the short term rental only on the occasion that our personal immediate family such as grandparents are not using the home around 50% of the time of the year. This is only to help supplement the mortgage and sustain the use for our personal reasons. I would like to take this time to address any anticipated concerns, one being unhosted versus hosted. As was already stated, this is a little bit of a non-traditional unhosted short-term rental because we are directly next door. And I just happen, it's an extremely screened backyard, but I have a direct line of vision from my kitchen sink doing dishes into the backyard. So much that we would share a friendly wave when my neighbors used to be there. So, and as you can imagine with five kids, we have an extreme vested interest in who is over at that property. just for obvious reasons and the noise and disruption we will keep a very close control over being next door. Let me see here. So the home sits between myself and the former president of the Neighborhood Association. and he it's probably in the file he wrote a letter of favor and I quote his part of his letter saying having the operator owner of the SCR residing immediately next door to the property mitigates any concerns about property upkeep and managing of guests I applaud the division of planning and BOA's action to curb the growing number of property acquisitions by speculators whose sole motivation is to operate a full-term SCR business in this case how when viewed in full context I see no adverse impact on my property or the fairway neighborhood and I support your approval of this application and the property sandwiches he sandwiches it and then we sandwich it and then just so happens that's my family that's when my husband cut the hole in the fence but But the posterior property, there is a garage separating the backyard from 333 and the backyard property. In terms of concern of parking, we are fortunate that the home can accommodate several cars in the driveway. It extends the entire length of the property similar to our personal primary residence. Due to the length of the driveway, it can easily accommodate five to six small vehicles or four to five large vehicles we have found our long driveway to be a great benefit for parking living on henry clay boulevard and i am confident that our adjacent property will serve in the same way when guests are visiting we plan to add parking details in the property listing and will also personally ensure that guests are only parking in the driveway i can personally attest living here that despite the hours of traffic the availability of availability of parking in the driveway poses limited to no safety concerns. As mentioned, there are some surrounding short-term rentals. However, a concentration of these properties are not in the Fairwood neighborhood. Rather, they are in the Kenwick neighborhood that sits behind Fairway. While these neighborhoods adjoin on a map, joint neighborhood gatherings or events do not occur, making them feel very separate in everyday life. The backyard, as you saw in the previous photo, has surrounding fences and trees which seclude the backyard. In addition, we will have strict noise ordinances and enforcing rules of quiet hours. I respect and understand the need to eliminate a large influx of short-term rentals and protect housing availability as well as protecting the preferences of neighbors. However, I hope that each case is looked at within full context. This is not a commercial enterprise looking to make money on a home. Instead, we are a busy little family of five kiddos and saw an opportunity for our family to have extra space in visiting and helping us with our children. I ask that this is viewed in full context when considering your approval. Thank you so much for your time and kind consideration. Thank you. Thank you. Do we, ma'am, hold me just a moment. Do we have any questions of the applicant? Okay, thank you. This time we will open it for public comment. You guys are expert now, you've been here. State your name and watch your three minutes. I feel I need more than three minutes. I'm sorry, but I'm the only one speaking for the neighborhood right now. My name is Mary Reed. I moved here four years ago. One of the first people I met was Katie. She lives down the street from me. I feel like I am standing up here in opposition to being a grandparent, in opposition to having my grandparents live next door and help me take care of my kids. I am here to represent the Fairway Neighborhood Association Board of Directors. I'm on the board. Oh shoot. Technology. Okay. I'm going to read the letter that we approved by unanimous approval in the last few days. This letter is in reference to Katie White's appeal for a conditional unhosted short term rental, et cetera, et cetera. This property exists in the Fairway neighborhood, a well established, sought after Lexington neighborhood. The vast majority of Fairway consists of single family homes with very few rentals, short or long term. The board of the Fairway Neighborhood Association voted unanimously to oppose the variance for 333 Henry Clay. The board will also oppose any other variance applications that come up before you. The reasons for our opposition are numerous. Concerns about traffic and parking, you know you can't park on Henry Clay. noise, upkeep of the property, but the overwhelming sentiment of the comments heard by board members and neighbors were that STRs are just not right for the fairway neighborhood and would negatively impact the character of our neighborhood. This is a well-established neighborhood. The reason why I moved here four years ago is I looked in the circle and I looked for a neighborhood like I had in a town in West Tennessee. I lived in Midtown. This is like Midtown to me. This is my neighborhood. Short-term rentals scare me. We're afraid that developers will come in and start cherry-picking the houses they want to develop. And I realize we're on a case-by-case basis, but we're a little worried about it. We believe this hearing will set a precedent for our neighborhood and that allowing an STR at 333 would set the wrong precedent. Potential investors are watching closely and we want to nip this in the bud for our neighborhood to maintain the neighborly feel that we know and love we are aware there are other properties in the neighborhood that occurred currently operating this STRs and if we'd known about it and if we could have posted at the time we would have a couple things I made some other notes I really respect Katie and the fact that she has adopted children and they're great parents I see him walking down the street I respect her very much. But it doesn't make a difference that she's renting it out 50% of the time. It doesn't make a difference if she's living next door. What makes a difference is the precedent we're setting in the Fairway Neighborhood Association. Can you pull up a map, please, of where this rental is? We don't, when you're, the Fairway, go away. The Fairway neighborhood. neighborhood and we'll let that be the last point we'll let you get through it thank you the fairway neighborhood you're putting it up right yes okay when she gets it up i'll tell you because we don't have any short-term rentals in in our part of the fairway neighborhood that we're aware of we do have rentals show them the map where you have okay i'm not stay at the mic so Oh, I can talk loud. But if you look at the map, guys, the street, that is the only STR on Henry Clay, unless you know of another one. Okay, if you look behind where she had all the other dots, that's a different neighborhood. It's a different feel than what we have on Henry Clay. Have you all been to my neighborhood? Do you know what I'm talking about? I mean, I, we need to speak into the mic. It's not very receptive. Have you been to my neighborhood? Do you know what I'm talking about? The old homes, single-family homes. We don't need Airbnbs in the neighborhood. Okay, thank you. We have to allow time for other comment. We appreciate it. Ma'am. I know we tug it. Ma'am, we got to, we have other people for comment. Thank you so very much. I know, but if I can have any of his time, thanks. Ma'am. Will he find me? It's 313 Henry Clay, Mary Reed, REEB. Thank you. Hello. My name is John Grimes. I live at 272 Sherman, so I'm in the neighborhood back behind Henry Clay. So you're right in that move in different spaces and I typically don't go down Henry Clay, but I'm close enough to be notified, and thank you for the notification. My big concern is that this really is a commercialization of neighborhoods. The way Airbnbs package it, they're selling the neighborhood, and it really is a different set of values. Investors are trying to maximize profit. They're making two or three times what they would make if they did a long-term rental. This is what I hear. So that has big implications. Everyone's trying to do it. People who are renters are afraid that they're going to be booted out and that house will be made into an Airbnb. They're afraid to even ask the landlord to make improvements on the house. They're afraid to make complaints about neighbors who are Airbnbs. So this is a big problem. So this whole idea of reporting, these problems are very much underreported. I'm not even sure if the police are called if that is then goes into a concern about an Airbnb. There is a lot of misunderstanding or confusion about how businesses can be in a residential neighborhood. I know Zona made that legal, but your constituents are confused. I'm confused. It doesn't seem right that a business can be located in a neighborhood. and what does that mean for other businesses? Is it going to make it easier for other businesses to penetrate neighborhoods and change the neighborhood feel of where people live? The petitioner lives next door. That allays a lot of my concerns about an unhosted house or property. So that's good, but when I think about it, there's nuisances, parking, trash, litter, but there's also kind of safety issues, strangers coming, a new set of strangers every three days. This is a real concern, and most of the people who are going to be coming in front of you are, you're not going to be around there. So they want me to live next to these strangers, but they themselves don't want to be there. They want to run an unhosted Airbnb. I don't want to live next to these strangers. I have concerns about these are spaces that are commercially, are being used commercially, but they're not built for commercial standards. Sometimes you consider these as houses, but other times you're talking about these as businesses. What are they? Don't we need to be consistent? What happens if we have a fire or we have a horrible accident where standards, commercial standards should have been used and weren't? What about disabled people? these need to be accessible to disabled people as well. From my perspective, they don't really meet a need, stay in hotels, and if you deny these motions to open up these Airbnbs, people will still be able to make quite a bit of money renting these long term. So it's not a huge loss for them, I would say. Thank you, sir. We appreciate it. Thank you. Sorry, this has been a long day, but. Sounds okay. Thank you. Yeah, thank you. Would the applicant like to address any of the issues? I'll be quick, I promise. I wanted to say I appreciate your concerns. I'm so sorry. I appreciate their concerns. And I also want to say that I appreciate you all because as much as the neighbors have the ability to come and have their rights and share their opinions, this also gives me the ability to share my specific situation as it is a non-traditional unhosted Airbnb. And you don't get washed out with the other commercial enterprise endeavors of Airbnbs. I too would have the concern that Mary mentioned regarding our neighborhood becoming an area for short-term rentals. And because of you all and because of what is going on, I don't have that concern because you're listening to them by case by case. So we love our beautiful neighborhood. We have no intention of leaving that area, and this is just an opportunity to enhance our situation of living and having grandparents close by who live in Ohio. So I also wanted to say we're a family of very conservative values, and one of those that is of utmost importance is honoring and respecting others in the way that we would have them respect and treat us. we would hold this value of utmost importance in managing this property. So please consider this when kindly considering your approval. Thank you. And I did just want to make sure you had seen the conditions that staff had, the five conditions? Yes. And we were okay with those? Yes. Okay, thank you. All right, it's your turn. I just wanted to say two things. First, we've increased our comments on the mics because this is a public meeting on live TV, so we just want to make sure that people watching from home can hear us. And then also because the recording is our official record of the meeting, And we want to make sure we can hear everyone's comments in order to get accurate minutes for the meeting. So that's kind of why our comments about mic usage has increased specifically today because we've been having issues with that. So I just wanted to say that up front. The other thing I wanted to say is due to the concentration of short-term rentals in the area, staff is only comfortable recommending approval of this application because the applicant lives next door and it essentially functions as a hosted short-term rental, even though they won't be living on the property. And we have included that fifth condition of approval, which states that if the applicant moves from 337 or no longer considers that property, their primary residence, that this short-term rental conditional use would become null and void. So that's kind of why we have added that and also why we're comfortable moving forward with approval at this time. and I'm happy to answer any other questions the board may have. Are there any questions? All right. Thank you all. Thank you. Any discussion or do we have a motion? Madam Chair, I move to approve PLNBOA 23-67 Kate White's request a conditional use permit for an unhosted short-term rental in a single-family residential zone on property located at 333 Henry Clay Boulevard. Thank you. And do I have a second? I can't. Did you say the conditions? Subject to the conditions? Oh, sorry. I skipped right over there. It was rolling. I was just rolling. Thank you. Based on staff's recommendations and subject to the five conditions. I second. Thank you. All right. No further discussion. We'll open for a vote. Motion is passed. Good luck with your project. Or, yeah, with the grandparents. All it, Jess. Thank you. I don't think it was fair to put your kids in pictures up there, though. It wasn't fair. It wasn't fair. brought my 11 years old but i thought i would lose strength no absolutely yes that would have been overkill my kids are being i'm allergic thank you thank you very much all righty so we'll move on the next item on the agenda will be actually first for me you guys this is a review of the ivcp athens south llc conditional use permit and steph will direct us as to um yeah your presentation um so this item on the agenda is a not a public hearing of this case or a rehearing of this case it's just a one-year review where staff has an opportunity to update the excuse me update the board and also have the applicant update the board on the development of the property and how it's been going the past year. So I just wanted to make that clear that this is not a public hearing. There won't be a motion or any findings. It's just a report out on the development of the site. So last September, this application was approved by the board for a conditional use permit for outdoor recreational facilities, also known as soccer fields, with outdoor lighting in an AR zone at 5354 Athens Boonesboro Road. Last year, these were the bounds of the property, but since then, they have subdivided the lot into 5354 Athens Boonesboro up here, and they created a new property back here called 250 Doe Run Trail, and that is where the soccer fields are located. They did this because they had a zone change. Last year, the property to the north here was zoned B5P, as you can see on the map in that orange color. The soccer fields were located down here in this light green AR zoned portion of the property. Since the board application was approved, they did do a rezoning. A portion of that B5P was rezoned to B3. That pointer is not working. There we go. To B3 in order to allow for a stadium. and some accessory commercial uses to that stadium. And I would just like to note that the zone boundary line of that AR zone here, you'll notice in this slide kind of points up a little bit. And last year we had it as pointing down. So during the zone change process, the applicant actually realized that that AR zone boundary actually points up. and I just wanted to kind of point that small discrepancy out on the map before you today. So first I want to cover the approved development there and that B3 zone just to kind of review how that development will impact the access to these soccer fields that were approved by the board last year. Here is kind of the working development plan. They, and I did not my presentation so I apologize. twice. They have gotten the development plan approved through the zone change and they're currently working with the planning commission to update that development plan. So this development plan on the screen is the most recent version, I believe. And it shows here the, okay, let me get back to the red pointer. There we go. This is where that stadium was approved and or the stadiums approved in this general area and they're working on kind of shifting it up here. I want to mostly look at the road connection here. Last year these roads were not considered and it changes the access to the site. So Doe Run Trail is existing up here off of Athens Boonesboro. They're extending that back, creating a roundabout and then continuing Doe Run Trail back to access the soccer fields there on that AR portion of the site. I specifically wanted to mention the development plan because of the roads and also kind of how these neighboring uses are changing how the soccer field site is developing. That sounds more threatening than it is. So last year, for example, the road access was this temporary road, which was proposed and approved by the board. And now with the other road connections on this development plan, that temporary road will no longer be needed because that Doe Run Trail connection will get people back to the site. This is the development plan that the board approved last year. I just want to point out there are three fields that are not currently being pursued by the applicant as well as a parking lot. So they're not currently pursuing this parking lot or these two fields. and then also because of the approved stadium, they're not pursuing this field at this time. So I just want to point those out on their previous development plan. These are some photos, very recent photos, of the development of the site. You can see the fields there and the parking lot, which is located there in the center. You can see the construction on the more northern portion of the property is underway. they had to do a lot of leveling I guess you could that's a very kind way to say it of the site and make sure it was usable I'll go back to the development plan really quick so this doe run trail connection is the first thing that's coming online it's working through paving permit process and everything right now there's another road connection here called competition drive that road has been approved by the Corps of Army engineers but is working through local permitting and right now so that's being reviewed and hasn't quite yet been approved but it will it's making its way through the process since the board approval last year too there's been a lot more progress on a state project on athans boonesboro i'm sure you've heard about the r cut program that is impacting road access there on athans boonesboro so in the future well say temporarily until this road comes online doe run trail will have a temporary light installed there with its intersection of eighth and spoonsboro then competition drive once it comes online it will be a fully lighted intersection and then this intersection with doe run trail will be turned into a right in right out only incorporated in with that r cut project All right, so back to these pretty pictures. You can see the seven fields so far, and I just want to point out here, this is the stormwater detention basin that has been installed on site. The applicant's been working with Josh Desarn and the Division of Engineering on the development of the site, and they are working on paving that central parking lot now. So they do have some lighting installed in that parking lot, and you can see in the fields that they have recently installed the lights and have gotten them connected to the utilities, but that's been a very recent update. Next photo, we have moved to the west side of the property and are looking east. So the interstate now is at the top of the page here running north and south. this is that proposed stadium over here and the soccer fields with the detention basin back there i wanted to look at this property because those two westernmost fields are not currently being pursued they are you keeping the existing landscaping that's here in order to meet the 50-foot screening that the board required last year here's an aerial of that i've circled kind of that existing landscaping here in red. So before there was a parking lot proposed and two other fields, and the applicant was approved to have a 50-foot landscape buffer along this westernmost property boundary. But because they're not currently pursuing those fields, they worked with the Division of Environmental Services, Mr. Ben Cornett, to determine that the existing landscaping here and what you saw in this photo is sufficient and meets that condition of approval and that required 50-foot landscape buffer. This one-year review, there's specifically one condition in their approval that a one-year review was required in order to assess these four things, traffic, lighting, stormwater, and the temporary access road. First, with traffic, I kind of reviewed the road connections. The Doe Run trail is soon to be paved. temporary light installed at Doe Run and Ethan's Boonesboro. Then once Competition Drive makes its way through the permitting process and it comes online then the ride-in ride-out will be installed at Doe Run Trail and a full light at Competition Drive. I mentioned the RCUT program that's that's being done by the State Department of Transportation and then currently just to assess the volume of traffic on the site every day the site is currently hosting practices in the evening for their youth soccer teams from 5 to 7 p.m. Lighting-wise, the lighting has been installed. It's connected to the utilities, and I believe that they are working on testing the angles of the lights. And earlier this summer, there was a complaint filed with the Division of Building Inspection and their zoning enforcement team, which were related to the construction lights that were installed on the site in order for the workers to install the turf that's on the field. These construction lights are very tall and they were also on late at night and so those complaints were related to the construction lights that were there, not related to the field lights that have now been installed. The construction lights are no longer there and no longer on the site. Then the third item is the stormwater. As I mentioned and kind of shown on the one image, a stormwater detention basin has been installed on the site. And then also a septic system has been approved and is being installed in accordance with the Department of Health. So they are including bathroom facilities, of course, for the users of the property, and that was installed with a septic system. And that has been reviewed and approved by the Department of Health. And then lastly, the temporary access road. It has been a gravel access road and has been regularly maintained. Staff actually conducted a site visit not too long ago and took that road up to the fields. Doe Run Trail itself is soon to be paved and connected to the fields so that temporary access road will basically be not needed anymore for people to access the fields. And then with the future connection with Competition Drive and the RCUT program, the rest of the site will be accessed through those paved official roads. I believe that's everything that I wanted to cover today, but I can let the applicant fill in any gaps. Do you guys have any questions for staff right now? Sure. Could you pull up that northwest view slide again, please? I just wanted to, I'm playing a little catch up on this. Could you delineate to me exactly where the stadium is going to be located? Oh, sure. So first I'll say here's the interstate and Athens Boonesboro cuts there. The stadium is located up in this area. Okay. Question number two, is there any future plans to connect the potential proposed septic system to the urban county government sewer system? I'm not. I'll let the applicant address that because they've been working with engineering on that. Any more questions from the board for staff at this time? Thank you. Yes, Megan, if a citizen has an objection to the fulfillment of the conditions at this time, what is that avenue that they can communicate? I believe that if they have a concern about their conditions not being met, they can file that with the Division of Building Inspection and Zoning Enforcement, and then they can go and inspect the property and talk with the owner and the applicant and make sure they can also check with staff and see whether or not they're interpreting those conditions correctly. Thank you. And Megan, real quick, is there any proposed buildings on the property that we're dealing with? So last year what was approved was a 10,000 square foot building located here in the center of the site and that includes bathroom facilities, offices, some other storage. Is that still going to be constructed with the new plan? Those so. I mean sorry, the stepped back plan because they're not building all the fields right now are they? Oh yes, they still need those facilities. Okay so those facilities will be constructed. Yes, sorry I misunderstood your question. Yeah I'm just trying to figure out because it's hard looking at the site plan that we approved last year and then look at the aerials and figure out exactly what's being built now what may be built in the future and what they're saying we're not going to build because with the conditional use permit my understanding is they could build this even if they don't build it today 20 years from now they can say well we want this seventh soccer field because it doesn't is that correct or i'll let law comment on that well a A conditional use permit has usually a one-year expiration if no one has taken action toward the conditional use permit. But what if you build five of the – I mean, I'm just trying to get my feeling of where – I mean, I think arrows look great. And I'm thinking, you know, personally, I won't go there because it's too far. I don't like going to Hamburg. But I think there will be a lot of people in Lexington that will, you know, utilize this. I was just curious. If you don't know the answers, you don't have to give them to me. This is just a notice anyways. We're not taking any action today. I'll say any changes to the site that increase the impact will require them to come back to the board. That's my answer. That's good enough. Thank you. That's good enough. I'm not sure we answered your question. You did not, but that was good. Yeah, I'm okay. So Brittany said you have to activate it within a year. Otherwise it sort of expires. I guess my thing is, is. I don't know that there's a deadline in our zoning ordinance or in KRS for following this approved plan. Sometimes the board puts a time limit on when those improvements have to be made. I haven't seen that very often. So I guess if they're going to follow the same plan that it would, I don't know if I'd say be infinite. it but yeah i'll just it was just a curiosity if they're only building how many are they building now seven out of how many are they authorized to build ten okay so that may be something that the applicant may want to make sure that they know when and if they could build three more i don't have any problem with it but i just want to make sure we're all again if they're in the exact same spots as they were yeah that's my thing is you know if i you know so since we're here doing notices i figured uh why not you know see if what the plan now which ones are not being built again just so i can yeah so i'll point out too there's a very large gas line pressurized gas line that cuts through the property here they don't want to move that no i don't i think i think that's very cheap so um they are not pursuing these two fields here this parking lot and then this center most field here. They originally included this field kind of to in case the stadium didn't get approved. But they are going to build the field house? Yes. Okay, perfect. That's it. I feel like I understand where we are now. Okay. Thank you. Any other questions from the board? I probably will have some questions with the applicant. Okay, that works for me. Thank you all. Thank you. Good afternoon. My name is Charlotte McCoy. I'm with Stites & Harbison, and I'm an attorney here on behalf of the applicant and the owner. I have with me today Josh Lewis, who is the owner and developer representative, and sorry, I'm not speaking the mic. Brad Boas with CMW, who is the engineer on the project, and we are happy to answer any questions. I did want to do a couple clarifications. In Megan's presentation, she did mention that there would be a light at Doe Run and Avon Boonesboro, and that is not correct. The light will be at Champions or Competition Drive when that is installed, and that installation is expected in the spring of 2024. KYTC has approved that light, and so it is part of the permitting process that we're going through but it won't we won't have a light at Doe Run. The other thing I did want to clarify is that the subdivision of the property we didn't actually go and do a new subdivision of the property that was the historic track line so those were two historic tracks that divided the AR and the commercial properties. As I said we're here and Brad Did you have anything you wanted to say about the sewer question? Okay. Any questions? Do we have questions? Yes. This was an interesting discussion a few months ago. It was a year ago. Anyway, time passes. It was a difficult vote in a way. So anyway, some questions about the traffic. I think you answered the question about the Doe Run light. I was concerned about that. I didn't understand that. I am interested to know how soon the, what was it? Competition drive. Yeah, competition drive. How soon will that happen, do you think? They're hoping for spring of 2024. They're actively pursuing the permit. Yeah, I think of the conflict of people going to the interstate, coming from Lexington, and having to stop at that stoplight. So are there plans to time it very carefully so that when the fields are active, there's a light there on a signal plan, and when it's not active, it's a blinking yellow light? I'm not sure that's actually in our control. but it's something we ought to be concerned about don't you think thanks good evening brad boaz with cmw and mr clark to answer your question so that light will be attached to the lfucg system and you know how they're all connected fiber and so there is the ability to one program it remotely but also have police on site to do it uh if it needed to be done manually on site because practices are staggered you know they try to release people in 15 minute increments as opposed to all at once so it doesn't overwhelm the system but if there is backup it's backing on to competition drive fortunately not on to to eighth and spoonsboro so that backup would happen internally but to your point we would certainly want to time those as best we can to move traffic as officially and then when the arcuts do come down richmond road to this point those people would then have to turn right and then do the U-turn back toward town. And that's factored into the design that whenever that happens, we have no control over it. They'll just make the change. But until it happens, it'll just be a normal four-way light or three-way light. All right. And, Brad, that timing, that's done by the Division of Engineering and Traffic? Correct. Is that correct? So they'll have the ability to control that once they know what the full buildout is? Correct. Okay. Yes, sir. Well, that would be my concern, and I think we can mitigate some of the traffic problems by making sure our signal is working correctly. Certainly, and traffic is obviously a big concern of us, and that's why Doe Run will be built by the end of the year and the competition drive right behind it. I mean, if we didn't have winter to kind of break us up for three months, it would be done, you know, within a couple months. So it is trying to be fast-tracked to be completed as soon as possible. i was out there saturday and um kind of getting a view of it and i saw there was a small little road about a what listen a quarter of a mile from doran is that the where the the competition drive will be that's where it'll tie in yes yeah okay yeah that's what i thought all right thank you much and uh while i'm up here uh the question about sewer is that this board said we had to put it on septic now if somebody comes back and says we can tie it into the system we would prefer that but for now we just we have a septic system that will handle the restroom and office building that we're trying to get a permit for right now will that also handle the stadium yes sir yes the set the stadium will be on city the stadium will be on city not septic Yeah. Any other questions? I don't know if you can answer this or not, but one of the things that kept coming up that was kind of a concern to me was allow children who couldn't otherwise have access to soccer for whatever reason that you were going to provide that plus transportation possibly or at least look into it. And I was just wondering is how that's come along? along i can answer the issue of we currently black strand does not come out there we have we have in our stadium development plan put a bus stop into the plan so that hopefully once all this develops they'll they'll make the route come out there uh i guess i don't know if josh could speak to the scholarships for the players if that's what you're referring to miss tucker um but i know that there are they have scholarships i don't know if you know any more details about that yeah that's that's the operational side but we are factoring in bicycle lanes into our new road system and a bus stop so that there's multiple forms of transit to get out there besides just an automobile thank you anything further the applicant yeah thank you thank you first first time caller a long time listener obviously i'm just i'm with the division of traffic engineering i'm associate traffic engineer so i just wanted to quickly comment on a couple of the things that you know he brought up uh... we do monitor our signals uh... they're all attached to the system and and we can you know do different timings and and different things so we will be monitoring that and if there's anything that that comes up that we need to change um... it's something that we can work on so i believe the first signals going to be a temporary signal so i you know it should be connected probably by radio so it's a little different but the final signal should be connected to our fiber network and you know we have the ability to time it how we need to as as needed so any questions thank you any more questions of traffic why is there so much of it it's a good question i was gonna say a little slow getting up here a little injured so i know i know you came up here no thank you thank you thank you okay We do nothing, right? I don't really have much to say besides apologizing for my misunderstanding of the Doe Run trail light situation. I had heard the conversations about the temporary light, and I just assumed that light, that temporary light would be at Doe Run trail until the competition full light came on board. So that's where my misunderstanding came from. Thank you. Thank you. I think it's a great review. We love the progress. Thank you guys very much. Yeah, it's going to be great that this will be up and running, hopefully, by spring of next year, that road. That's exciting. Congratulations, and keep moving forward, guys, and gal. Okay. Thank you. Good evening. And then we have one more item on the agenda. You guys thought you were gone. It's not my fault. It's legal's fault. She wants to teach us some stuff. No. No, since we've already celebrated Mr. Needham, we'll go to item B and a short, hopefully, training. Hello. Good. Okay. All right. So I was asked to be here, and I have the enviable task of talking to you all about law after 5 o'clock. So fantastic. I will try to make this efficient. Wait, we're quick, Brittany, how long will this last? How long will this last? Huh? Is this like a five minute, ten minute, 30 minute, I'm just curious. All five minutes. Okay. You are getting credit for this, so can I just emphasize that part because it's passing around? Yeah. So. Okay. I'm going to shoot for ten or fifteen, but I am a lawyer, so, you know. We need fifteen for credit? Yes. Okay. Okay. Fifteen, let's go. It works for me. All right, so that was actually the first slide is the training requirement. I'm sure that most of all of you remember this, but it doesn't hurt to be reminded. State law does require that. You have to have at least four hours of orientation training, no later than 120 days from the date of your appointment, and there is a continuing education requirement of eight hours for every consecutive two years. The topics are up there. I am not going to read them to you, but I will note that, you know, ethics, parliamentary procedure, the powers and duties of the board, we're going to talk about those today. So this will count towards some of your training requirements, but there will be more coming. I'm sure staff can tell you about that. So parliamentary procedure, this is required by the BOA bylaws. It is actually part of just about every public board of LFUCG requires to follow parliamentary procedure. Robert's Rules of Orders is kind of the standard that we follow here in the government, so unless your bylaws say otherwise, if you ask me a question, that's what I'm going to be looking at. So in short, I've put up here just, you know, the skeleton of motions that you all would be making. All motions do require a second. I can only think of one exception to that rule. That just ensures that the board actually wants to hear and discuss the motion, so one member can't just dictate what the entire board's going to discuss at any one time. All motions, unless you see otherwise in here, are going to be open to debate. And I've put up what I think are the most common ones. I would say this probably covers 99% of what you would want to do as a board. Motions to approve and disapprove, you've been doing that all night long. I've included some sample language on the next slide, so I'll save till then. Motions to amend. I don't hear these made as often by public boards aside from council, but you can still make them. And they can, depending on how they're used, be a way to draw some consensus on a topic, maybe to change a vote that might have been split to one that's unanimous, because you can focus the issue of debate to what might be holding up someone voting yes or no. So I've put an example of what it would look like up there. I move to amend. Maybe there's a condition that you don't like. Maybe you would like to strike it entirely. And the motion to amend would be made after the motion's on the floor and seconded. The motion to amend would have to be voted on, seconded and voted on. once it's approved it would amend the motion on the floor if not the motion on the floor stays as it is does that make sense a motion for the previous question i realize that's very awkward wording but it does it's what robert rules calls it so we're going with that you guys probably don't use this as much as some other boards might because the chair can call the question here but But if you think the debate on a particular question has gone on for too long, and the chair has not called the question for a vote, you can make this motion. It is not debatable. It either is seconded and passed or it doesn't. And if it passes, then the motion that was on the floor is called for a vote. Motions to postpone, not the same as a motion for a continuance. but in either case you would need to move the hearing to a set time and I'll note that the bylaws for this board do have specifications for when a motion to postpone is appropriate if the matter has already been noticed for a hearing then the applicant would need to give reasons which stated on the record in the minutes as to why you want the postponement and you can choose to grant it or not and people have a right to object to that but if you choose to grant it you need to specify the date you are moving the hearing to yes yes yes all these are going to be voted on yes you don't have to grant the postponement keeping in mind that some people may have taken off work to be here they want to object they may not be able to come to the next hearing these things for you to consider as a board motions to reconsider these are only to be made the same day a vote has been taken and they can only be made by somebody that was on the winning side when this might come up is if perhaps there was maybe something that was incorrect in a staff report and maybe there was an approval that was made and then sometime later in the hearing you you decide that we need to correct the record, you can do a motion to reconsider before that hearing adjourns. If granted, then basically you just start over with that vote. Does that make sense? Motions to recess and motions to adjourn, those are non-debatable motions, but they are standard in Robert's Rules. Any questions about that? Yes. Are you saying that we can postpone an agenda item? I thought we could only approve, disapprove, and if an item was postponed, it would be required by the applicant. Well, typically the motion to postpone would be requested by the applicant in that case. requesting it because maybe they can't get a consensus from the neighborhood on something and they want a chance to go back. Kind of like we had a motion to postpone, I believe, made it one of the last hearings that we had. Last month we were trying to do a postponement. Yes. Yes. Now, what I want to point out is that, and you're bringing up my point, is that in the zoning ordinance you do have to make a decision on an application within 60 days. So in that case, you can't necessarily force a postponement on someone if they don't want it but this is designed the reason i'm bringing up this motion is if the applicant's requesting it after it's already been noticed for a hearing and people are here objecting does that make sense motions to continue would be very similar again you would want the applicant to be in agreement with that but we've done that in the past as well when there was maybe some issues with the staff staff suggestions and the board wasn't quite on a consensus yet it would again require a date certain to continue the hearing too I'm not going to read these to you I just gave you some examples you have the slide there you've been doing this all night but the point in giving you these examples was to show we're trying to be specific with the language in the motion because the motions are going to be the minutes later and the minutes are going to be the record for appeal and they will also ultimately be recorded in the land use restrictions if the additional use permits or variances are granted so all you're always going to have sample factual findings and conditions drafted for you by staff and someone from law will always be here if you want alternatives to be drafted as well in the interest of time I will just move along for that findings of fact I I focused on this for various conditional use permits because that's the majority of what you do. But keep in mind, this board actually has four powers. You also can consider non-conforming use appeals and administrative appeals. But for interest of time, I'm focusing on what you see the bulk of. So the findings, as I mentioned, are recorded in the minutes. That's why the motion needs to be clear. If you are approving a variance, we actually saw none of those tonight, but there are four requirements of things you must find. This is from KRS 100. I'm sorry, I forget the site, but it's also stated in Article 7-6 of the zoning ordinance. In making those findings for a variance, you need to consider the three things that I have marked. Again, that comes from KRS 100 and Article 7 of the ordinance. The conditional use permit findings are really much simpler. And I think this makes intuitive sense, really, because in a variance you're telling the particular applicant this zoning regulation applies to everyone else, but we're exempting you from it for specific reasons. Where conditional use permit, you have a use that's already deemed permissible in a particular area as long as this condition is met. Any questions about that? Nope. meetings so you probably know by now as you've been here for many meetings that this board is subject to the open meetings act but it doesn't hurt to have a refresher any meeting of a quorum and your bylaws to find a quorum as four of board members where public business is being discussed regardless of when or where it occurs i think that that needs most emphasis in that sentence because if you happen to meet by coincidence in some place in public and you bring up matters of like for example short-term rentals that is potentially an open meetings violation that meeting would have to be open to the public you cannot act or debate public business without a quorum being present. And this does not mean that you can have several meetings of less than a quorum to avoid the Open Meetings Act. Before I give on any questions about that? The Act or debate public business you mean that's amongst us? Yes, the Open Meetings Act would apply to any meaning of a quorum to debating public business or taking action each year you have to adopt a regular meeting schedule we'll be looking at when I would say the coming what may be the next meeting that is required by the Open Meetings Act if it is a if you decide you have to have a meeting that is not on that schedule it is a special meeting it will have to be noticed as a special meeting and whatever you discuss will be limited to that agenda I don't think I've seen this board have a special meeting since I've been here but that is an option if you need to have one. And you can always recess to talk to me. You don't have to have your meetings with your attorney on the record, but you can't deliberate during that time because that is discussing public meeting, discussing public business with the quorum present. There are exceptions to the Open Meetings Act. I didn't mention them in this because frankly I can't think of a scenario where those exceptions are going to apply to this board if you have questions about that that is something to discuss in advance with law and there's also a procedure that we have to follow to invoke going into a closed session any questions about that litigation is the main one but again that comes up pretty rarely if I if I hear that and think that's something that can go in a closed session I will tell you but conflicts in ethics so I thought that the bylaws explained pretty clearly disqualification and abstention if you have a assessing this actually earlier today if you have a direct or indirect financial interest that has to be disclosed and you are disqualified from voting law always recommends that if you have a direct financial interest you should fully recuse the bylaws don't explicitly say that but we recommend that as a matter of best practice to all of our boards and that is different from abstaining recusal means you actually get up and you leave the room when that's being discussed that way no one can accuse you of influencing the meeting and the board's decision isn't tainted by somebody having a conflict in the room. Abstaining is different. Abstention from a matter is you might have come in late, for example, and just don't feel comfortable weighing in to vote. Maybe you just generally don't feel comfortable voting on the matter. If you abstain, you can stay in the room during the vote, and your vote will be counted with the majority. Any questions about that? If you do have a concern... Can I say that again for me? So abstaining is different from recusal. The bylaws do allow you to abstain if you don't believe there are many reasons somebody might want to abstain. Maybe they came in late during a presentation so they didn't hear the whole thing. Maybe you just don't feel comfortable that you could be completely impartial, but you don't have a direct financial interest in the matter that's before the board. You have the right to abstain in those cases, which should be noted on the record you are abstaining. But you can stay in the meeting. and your vote will be counted with the majority vote for the bylaws. And if there is no majority vote? Well, it just, you don't have, if it's a 4-4, wait, that wouldn't happen, 3-3-1, then you just don't have a motion that passes. I'm just pointing out Chapter 25 of the Ethics Act because there are other requirements aside from how and when you can vote. I feel like these are mostly intuitive. You can't accept a gift. You cannot use public funds or public property for the benefit of a private person. And to the extent that you acquire confidential information, you cannot disclose that to further personal interest. Again, if you have any questions about any... this, feel free to contact Law, and we can... I'm putting it where I sit. I'm pointing it... I sit over here, so I'm like, feel free to contact Law, not Tracy, and we can discuss it in advance of the meeting, whether or not you need to recuse or disclose, etc. If you want me to talk about it in the middle of an open meeting, I'm happy to do that, but some people don't feel comfortable with that. Ex parte communications, this is, so this board is a quasi-judicial body. It's unique in that that's really the only function that you serve. You don't legislate on anything. You hear the facts that are presented to you, and you make a decision whether or not a conditional use permit is appropriate, a variance is appropriate, et cetera. So you must decide matters based on the evidence that is in the record presented at that hearing. one note i want to make about that is that i know that all of you are familiar with some of these locations maybe you might drive by the area to get a feel for the variance being requested the conditional use permit that's in front of you and that's fine but to the extent that your experiences might be weighing into how you want to vote just make sure that gets on the record So that is a part of our final record for appeal. But it's very important that we avoid the appearance of undue influence or bias. If it appears that you have been speaking with some of the applicants or the objectors prior to and might have pre-decided the issue, that can lead to challenges based on undisclosed conflicts or arbitrary decision-making. And the line of what is permissible here has never been clear from the courts. So we recommend that all board members refrain from speaking with applicants prior to the hearing about the merits of the application. Okay? Can't make you not do it, but that's why that's our advice. What I would say is that we recommend that you refrain from speaking with applicants or objectors about the merits of any application prior to the hearing. And we've also made that same advice to anyone that serves in the quasi judicial capacity, which would include the council and occasionally the planning commission. Whether they follow that advice is up to them and up to you. Does that answer your question, Mr. Clark, best I can? And I'll just remind the board members, we're still on TV, so be sure to use your mics. Is that my last slide? It is my last slide. See, well, maybe longer than 15 minutes. I'm sorry. Any questions about any of that? No. I don't know if anyone else has any questions, but thank you. It does seem timely, like timely information. Can we get a copy of that? Yeah. Just email it to us, could you? Yeah, we can do that, or I can do that. But with these, you know, short-term rental or like we had last year with the soccer field, which seems like you said not so long ago. I don't know. But when we are in those situations, you know, it is good to have this refresher and this remembrance because that is all everybody talks about without us. and I am concerned about some of the probably some of the comments I made or some of the other board members that made even in just discussing the case where we're clearly having an opinion on the topic and I think it would it's a good reminder that it needs to be very specific to the case you know specific to what's being presented before us I will send out the presentation is there anybody else that has a question or comment or I don't want to keep you all, but I also want to make sure I answer any questions that are here. All right. Did everybody sign the form that was going around? Yeah, be sure to sign that sign-in sheet just to make sure we've got you down for the training, and we'll log that with our admin. Thank you. All right. That's good. Thank you, Brittany. And our next meeting will be November 13th at 1.30 right here in Council Chambers, 200 East Main Street, same location, same time. If there's no further business, we will adjourn. Thank you. Thank you.