# Board of Adjustment Hearing - March 11, 2024 > Auto-transcribed civic record · March 11, 2024 - **Permalink**: https://meetings.lexingtonky.news/meeting/6066 - **Source video**: https://lfucg.granicus.com/player/clip/6066?view_id=14&redirect=true - **Date**: 2024-03-11 - **Last revised**: March 11, 2024 - **Length**: 17,483 words - **Speakers**: Chair > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Board of Adjustment convened on March 11, 2024, at 1:32 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Raquel Carter presiding as the meeting officer. The board addressed 13 agenda items during the session, consisting of various variance requests and conditional use permit applications from businesses, organizations, and individuals throughout the community. The board conducted 13 motions and votes throughout the meeting, with members approving 12 of the 13 applications presented and denying one conditional use permit request from Diamond Design and Construction LLC. Three public comments were heard during the proceedings, allowing community members to provide input on the matters under consideration. The approved applications included variance requests for Baptist Health Care System Inc. and Kroger Limited Partnership 1, as well as conditional use permits for a diverse range of applicants including Pavilion Development Company, Clark and Clark, Chabad of the Bluegrass, Royalty Investment Group LLC, OHP Southland Drive, Laura S. Calmes, Anderson Andover Country Club LLC, Storm Creek Associates LLC, Jason and Natalie Clark, and Lexington Center Corp. The meeting demonstrated the board's active role in reviewing zoning-related requests and making decisions that impact development and land use throughout Lexington. ## Attendance The following members were present at the March 11, 2024 meeting: • Raquel Carter • Harry Clarke • Branden Gross • Bob Sturdivant • Linda Tucker • Chad Walker **Absent:** • Carolyn Plumlee No members arrived late to the meeting. ## Votes and Decisions The board considered thirteen applications during the March 11, 2024 meeting, approving twelve and denying one. **PLN-BOA-24-00013** [timestamp: 03:00]: The board unanimously approved (6-0) a variance for Baptist Health Care System Inc. to increase parapet wall height from six to fifteen feet for a wall sign. Branden Gross motioned, Chad Walker seconded. The approval requires installation according to submitted materials and obtaining necessary permits. **PLN-BOA-24-00017** [timestamp: 06:00]: Kroger Limited Partnership 1's variances for vehicular use area and lighting height received unanimous approval (5-0). Harry Clarke motioned, Bob Sturdivant seconded. Construction must follow submitted plans with required landscaping buffers. **PLN-BOA-24-00006** [timestamp: 12:00]: Pavilion Development Company's conditional use permit for a drive-through coffee shop passed unanimously (6-0). Bob Sturdivant motioned, Linda Tucker seconded. Final parking and drive-through configuration requires Traffic Engineering approval. **PLN-BOA-24-00010** [timestamp: 18:00]: Clark and Clark's golf driving range expansion received unanimous approval (6-0). Harry Clarke motioned, Linda Tucker seconded. **PLN-BOA-24-00011** [timestamp: 24:00]: Chabad of the Bluegrass's place of religious assembly permit passed unanimously (6-0). Branden Gross motioned, Linda Tucker seconded. **PLN-BOA-24-00014** [timestamp: 30:00]: Royalty Investment Group LLC's un-hosted short-term rental permit passed 5-1 on a roll call vote. Chad Walker motioned, Bob Sturdivant seconded. Voting yes: Raquel Carter, Harry Clarke, Branden Gross, Bob Sturdivant, Chad Walker. Linda Tucker voted no. **PLN-BOA-24-00018** [timestamp: 36:00]: OHP Southland Drive's drive-through modification passed unanimously (6-0). Branden Gross motioned, Bob Sturdivant seconded. **PLN-BOA-24-00021** [timestamp: 42:00]: Laura S. Calmes's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Branden Gross seconded. **PLN-BOA-24-00019** [timestamp: 48:00]: Anderson Andover Country Club LLC's buffer variances passed 5-0 with one abstention (Chad Walker). Harry Clarke motioned, Bob Sturdivant seconded. **PLN-BOA-24-00009** [timestamp: 54:00]: Storm Creek Associates LLC's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Chad Walker seconded. **PLN-BOA-24-00015** [timestamp: 60:00]: Jason and Natalie Clark's short-term rental permit passed unanimously (6-0). Harry Clarke motioned, Branden Gross seconded. **PLN-BOA-24-00016** [timestamp: 66:00]: Diamond Design and Construction LLC's short-term rental application failed 0-6. Linda Tucker motioned, Bob Sturdivant seconded. All board members voted against approval. **PLN-BOA-24-00020** [timestamp: 72:00]: Lexington Center Corp's dynamic content sign permit passed unanimously (6-0). Branden Gross motioned, Harry Clarke seconded. ## Public Comment Three residents spoke during the public comment period, addressing two separate agenda items with concerns about proposed developments in the community. **Anderson Andover Country Club LLC Variance** Manuel spoke in opposition to a variance request for Anderson Andover Country Club LLC [timestamp: 50:00]. He raised concerns about the potential impact of headlights from parked cars on nearby residents' quality of life. Manuel also expressed safety concerns for pedestrians who use the trail in the area, citing potential hazards from vehicle lighting. **Lexington Center Corp Sign** Two residents addressed concerns about a proposed sign for Lexington Center Corp. William Rafter spoke against the sign proposal [timestamp: 75:00], arguing that the signage is unnecessary given that residents can already access information about local events through internet resources. Rafter emphasized concerns about how the sign would negatively impact the quality of life for nearby condominium residents. Keelie Sweet also opposed the Lexington Center Corp sign [timestamp: 78:00]. Sweet raised two primary concerns: the potential impact on traffic safety in the area and the sign's effect on the aesthetic character of downtown Lexington. Sweet's comments focused on preserving both the safety and visual appeal of the downtown district. All three speakers presented opposition to their respective agenda items, with common themes including quality of life impacts, safety concerns, and community character preservation. No speakers voiced support for either proposal during the public comment period. ## Contested Items Two conditional use permit applications faced significant community opposition during the March 11, 2024 meeting, both ultimately resulting in denials. **Diamond Design and Construction LLC Conditional Use Permit** The first contested item involved a conditional use permit application from Diamond Design and Construction LLC. Local residents voiced strong opposition to the proposal, raising multiple concerns about the potential impact on their neighborhood. Community members specifically cited worries about parking availability, safety issues, and how the proposed use would affect the overall character of their residential area. The sustained community opposition proved decisive, with the permit application being denied. **Lexington Center Corp Sign Conditional Use Permit** The second contentious issue centered on a conditional use permit application for signage by Lexington Center Corp. Residents again organized in opposition to the proposal, questioning both the necessity of the proposed sign and its potential negative effects on the community. Opposition speakers raised concerns about how the sign could impact their quality of life and create traffic safety hazards in the area. Similar to the first application, the community resistance led to the denial of this conditional use permit as well. Both cases demonstrated active community engagement in the local planning process, with residents successfully mobilizing to voice their concerns about proposed developments they viewed as incompatible with their neighborhood's needs and character. The consistent pattern of community opposition followed by permit denials suggests the decision-making body was responsive to resident input on these land use matters. ## Variance for Baptist Health Care System Inc. [timestamp: 03:00] The Board of Adjustment considered case PLN-BOA-24-00013, a variance request from Baptist Health Care System Inc. to increase the allowable height of a parapet wall for a wall sign from six (6) feet to fifteen (15) feet. Nick Nicholson served as the key speaker presenting the variance request on behalf of Baptist Health Care System Inc. The request sought to modify existing height restrictions to accommodate signage needs for the healthcare facility. The variance application focused specifically on parapet wall height requirements for wall signage purposes. The current zoning regulations limit parapet walls to six feet in height, but the applicant requested permission to extend this to fifteen feet to properly display their institutional signage. The Board of Adjustment approved the variance request, allowing Baptist Health Care System Inc. to proceed with the increased parapet wall height of fifteen feet for their wall sign installation. This approval enables the healthcare system to install signage that meets their visibility and branding requirements while maintaining compliance with modified zoning standards. The approval of PLN-BOA-24-00013 provides Baptist Health Care System Inc. with the necessary zoning relief to implement their signage plan with the requested height modification. ## Variances for Kroger Limited Partnership 1 [timestamp: 06:00] The Board of Appeals considered case PLN-BOA-24-00017, a variance request from Kroger Limited Partnership 1 to modify parking lot regulations for their facility. The request sought to increase the allowable vehicular use area (VUA) and the permitted height of free-standing lighting fixtures in the parking lot. Darby Turner served as the key speaker presenting the case to the board. The variance application addressed two specific zoning code modifications needed for the Kroger property's parking lot improvements. The first variance requested an increase in the vehicular use area, which would allow for expanded parking or vehicle circulation space beyond what is typically permitted under current zoning regulations. The second variance sought approval to install taller free-standing light fixtures in the parking lot than the standard height restrictions allow. The board reviewed the technical aspects of both variance requests, examining how the proposed changes would impact the property and surrounding area. The discussion focused on the practical needs of the retail facility and whether the requested modifications met the criteria for granting variances under local zoning law. Following their deliberation, the Board of Appeals approved both variance requests. The approval allows Kroger Limited Partnership 1 to proceed with their parking lot modifications, including the expanded vehicular use area and installation of taller lighting fixtures than would normally be permitted under the existing zoning code. The approved variances will enable the property owner to implement their planned improvements to the parking facility while addressing operational needs specific to their retail operation. ## Conditional use permit for Pavilion Development Company [timestamp: 12:00] The board reviewed application PLN-BOA-24-00006, a conditional use permit request from Pavilion Development Company to establish a drive-through coffee shop in a Neighborhood Business (B-1) zone. Michael Grace presented the proposal on behalf of the applicant. The request involves establishing a drive-through coffee operation within the existing B-1 zoning district, which requires conditional use approval for drive-through facilities. The board approved the conditional use permit for Pavilion Development Company's drive-through coffee shop proposal. ## Conditional use permit for Clark and Clark [timestamp: 18:00] The Board of Adjustment reviewed application PLN-BOA-24-00010, a conditional use permit request from Clark and Clark to expand an existing golf driving range by adding an accessory covered shelter. Jason Worrell served as the key speaker presenting information about the proposed expansion project. The request involved modifications to the current golf driving range facility to include additional covered shelter space as an accessory structure to the existing operations. The application sought approval to enhance the driving range amenities while maintaining the current use classification. The covered shelter would provide weather protection for patrons using the golf facility, representing an expansion of the existing recreational use rather than a change in the fundamental nature of the business operations. Following the presentation and any discussion of the proposal, the Board of Adjustment approved the conditional use permit request. The approval allows Clark and Clark to proceed with construction of the accessory covered shelter as part of their golf driving range expansion plans. The conditional use permit approval enables the applicant to move forward with the proposed improvements to their golf facility, subject to any conditions or requirements established as part of the permit approval process. ## Conditional use permit for Chabad of the Bluegrass [timestamp: 24:00] The board considered agenda item PLN-BOA-24-00011, a conditional use permit request for Chabad of the Bluegrass to establish a place of religious assembly within the defined Infill and Redevelopment Area. Samuel Hite served as the key speaker for this agenda item, presenting the request to the board. The application sought approval to operate a religious assembly facility in an area designated for infill and redevelopment purposes. The conditional use permit was approved by the board, allowing Chabad of the Bluegrass to proceed with establishing their place of religious assembly at the proposed location within the Infill and Redevelopment Area. *Note: Limited transcript data was available for this agenda item. The summary is based on the structured meeting data provided.* ## Conditional use permit for Royalty Investment Group LLC [timestamp: 30:00] The board considered agenda item PLN-BOA-24-00014, a conditional use permit application from Royalty Investment Group LLC for an un-hosted short-term rental in a Medium Density Residential (R-4) zone. Jennifer Royalty, representing the applicant, presented the request to the board. The proposal involves establishing a short-term rental operation where the property owner would not be present during guest stays, distinguishing it from hosted arrangements where owners remain on-site. The application required board review due to the property's R-4 zoning designation, which has specific regulations governing short-term rental operations. Medium Density Residential zones typically allow for higher occupancy residential uses while maintaining neighborhood character and compatibility with surrounding properties. The board ultimately approved the conditional use permit for Royalty Investment Group LLC, allowing the company to proceed with their un-hosted short-term rental operation in the R-4 zone, subject to applicable conditions and regulations. ## Conditional use permit for OHP Southland Drive [timestamp: 36:00] The board considered agenda item PLN-BOA-24-00018, a conditional use permit request for OHP Southland Drive. The application sought to modify existing drive-through facilities to establish a bank with drive-through services. Matt Carter served as a key speaker during the discussion of this agenda item. The request involved converting or modifying the current drive-through configuration to accommodate banking operations while maintaining the drive-through functionality for customer convenience. The proposal represents a change in use for the existing facility, requiring board approval under the conditional use permit process. Drive-through banking facilities typically require special consideration due to traffic flow patterns, queuing areas, and operational impacts on surrounding properties. The board ultimately approved the conditional use permit request, allowing the establishment of the bank with drive-through facilities at the OHP Southland Drive location. The approval enables the modification of the existing drive-through infrastructure to support banking operations while ensuring compliance with applicable zoning requirements and operational standards. ## Conditional use permit for Laura S. Calmes [timestamp: 42:00] The board considered agenda item PLN-BOA-24-00021, a conditional use permit application submitted by Laura S. Calmes for an un-hosted short-term rental property in a Single Family Residential (R-1C) zone. Laura Calmes presented her request to operate a short-term rental without being present on the property during guest stays. The application sought approval to rent the residential property to temporary guests in an area zoned for single-family residential use. The conditional use permit was approved by the board. *Note: Limited transcript information was available for this agenda item. The summary reflects the basic details of the application and its outcome.* ## Variances for Anderson Andover Country Club LLC [timestamp: 48:00] The board considered agenda item PLN-BOA-24-00019, a variance request from Anderson Andover Country Club LLC to reduce required buffer zones on their property. The request specifically sought to reduce both the required property perimeter buffer and the VUA (Vegetation and Urban Area) perimeter buffer. Tony Barrett served as the key speaker presenting the variance request to the board. The application involved modifications to standard buffering requirements that typically separate different land uses and provide visual screening between properties. The board reviewed the specifics of the buffer reduction request, examining how the proposed changes would affect the property's compliance with existing zoning regulations. The variance process allows property owners to request relief from certain zoning requirements when strict application would create practical difficulties or hardships. Following discussion and consideration of the request, the board approved the variance application. The approval allows Anderson Andover Country Club LLC to proceed with their development plans using the reduced buffer requirements rather than the standard perimeter buffering typically required under the zoning ordinance. The successful variance approval provides the country club with greater flexibility in their property development while maintaining compliance with modified buffering standards deemed acceptable by the board. ## Conditional use permit for Storm Creek Associates LLC [timestamp: 54:00] The board considered agenda item PLN-BOA-24-00009, a conditional use permit request from Storm Creek Associates LLC for an un-hosted short-term rental within the defined Infill and Redevelopment Area. Dawn Hall served as the key speaker presenting this agenda item to the board. The request specifically sought approval to operate a short-term rental property without on-site hosting, meaning guests would have access to the property without the owner being present during their stay. The proposed short-term rental falls within the municipality's designated Infill and Redevelopment Area, which typically has specific zoning requirements and development standards aimed at encouraging appropriate growth and investment in targeted neighborhoods. Following the presentation and any discussion by board members, the conditional use permit for Storm Creek Associates LLC was approved. The approval allows the company to move forward with operating the un-hosted short-term rental in accordance with local regulations and any conditions that may have been attached to the permit. This type of conditional use permit is common for short-term rental operations, as municipalities often require special approval for properties that will be used for transient lodging rather than traditional residential purposes, particularly in designated development areas where local governments are actively managing growth and land use patterns. ## Conditional use permit for Jason and Natalie Clark [timestamp: 60:00] The board considered application PLN-BOA-24-00015, a request by Jason and Natalie Clark for a conditional use permit to operate an un-hosted short-term rental in a Planned Neighborhood Residential (R-3) zone. Mary Bryson served as the key speaker presenting information about the application. The Clarks sought approval to establish a short-term rental property that would operate without on-site hosts present during guest stays. The request required board review because short-term rental operations in R-3 zoning districts must obtain conditional use permits to ensure compatibility with the residential character of planned neighborhoods. The un-hosted nature of the proposed rental meant guests would have independent access to the property without direct supervision from the property owners. Following the presentation and discussion of the application details, the board voted to approve the conditional use permit for Jason and Natalie Clark's short-term rental request. The approval allows the Clarks to proceed with operating their un-hosted short-term rental property in compliance with the established zoning requirements for the R-3 district. ## Conditional use permit for Diamond Design and Construction LLC [timestamp: 66:00] The board considered agenda item PLN-BOA-24-00016, a conditional use permit application from Diamond Design and Construction LLC for an un-hosted short-term rental in a Planned Neighborhood Residential (R-3) zone. Edmond served as a key speaker during the discussion of this permit request. The application sought approval to operate a short-term rental property without on-site hosting, which would allow guests to stay at the property without the owner being present. The request was ultimately denied by the board. While the specific details of the discussion and the reasons for denial are not detailed in the available materials, the outcome indicates the board found the application did not meet the necessary criteria for approval in the R-3 zoning district. This type of conditional use permit typically requires consideration of factors such as neighborhood compatibility, parking availability, potential impacts on residential character, and compliance with local short-term rental regulations. The denial suggests concerns were raised about one or more of these aspects during the review process. ## Conditional use permit for Lexington Center Corp [timestamp: 72:00] The board considered agenda item PLN-BOA-24-00020, a conditional use permit request from Lexington Center Corp for a sign with dynamic content within the defined Infill and Redevelopment Area. William Rafter served as a key speaker during the discussion of this agenda item. The request specifically involved authorization for signage featuring dynamic content, which would be located within the city's designated Infill and Redevelopment Area. The application represented a request to install digital or electronic signage that would display changing content, requiring special approval through the conditional use permit process due to the dynamic nature of the proposed sign. Such permits are typically required for electronic signs to ensure they comply with local zoning regulations and design standards within redevelopment zones. Following the presentation and discussion, the board approved the conditional use permit for Lexington Center Corp, allowing the organization to proceed with their dynamic content signage project within the Infill and Redevelopment Area. --- ## Decisions - **PLN-BOA-24-00013** — passed (6-0): Variance to increase the allowable height of a parapet wall for a wall sign from six (6) feet to fifteen (15) feet for Baptist Health Care System Inc. - **PLN-BOA-24-00017** — passed (5-0): Variances for Kroger Limited Partnership 1 to increase the allowable vehicular use area (VUA) and height of free-standing lighting in a parking lot. - **PLN-BOA-24-00006** — passed (6-0): Conditional use permit for Pavilion Development Company to establish a drive-through coffee shop. - **PLN-BOA-24-00010** — passed (6-0): Conditional use permit for Clark and Clark to expand an existing golf driving range. - **PLN-BOA-24-00011** — passed (6-0): Conditional use permit for Chabad of the Bluegrass to establish a place of religious assembly. - **PLN-BOA-24-00014** — passed (5-1): Conditional use permit for Royalty Investment Group LLC for an un-hosted short term rental. - **PLN-BOA-24-00018** — passed (6-0): Conditional use permit for OHP Southland Drive to modify existing drive-through facilities. - **PLN-BOA-24-00021** — passed (6-0): Conditional use permit for Laura S. Calmes for an un-hosted short term rental. - **PLN-BOA-24-00019** — passed (5-0): Variances for Anderson Andover Country Club LLC to reduce property perimeter buffer and VUA perimeter buffer. - **PLN-BOA-24-00009** — passed (6-0): Conditional use permit for Storm Creek Associates LLC for an un-hosted short term rental. - **PLN-BOA-24-00015** — passed (6-0): Conditional use permit for Jason and Natalie Clark for an un-hosted short term rental. - **PLN-BOA-24-00016** — failed (0-6): Conditional use permit for Diamond Design and Construction LLC for an un-hosted short term rental. - **PLN-BOA-24-00020** — passed (6-0): Conditional use permit for Lexington Center Corp for a sign with dynamic content. --- ## Full transcript Music We'll be right back. Thank you. I'll hold you and touch you And make you my woman I'll give you my love With sweet surrender Tonight our hearts will beat as one And I will hold you Touch you, make them my woman tonight. There's something in your eyes I see. A pure and simple honesty. Hold me in your arms tonight. I fill my life with pleasure That's my wish, this precious time This moment's honest to treasure Hold me in your arms tonight And make it last forever When the morning sun appears We'll find our way together I believe you when you say that you love me Know that I won't take you for granted Tonight the magic has begun So won't you hold me, touch me, make me a woman tonight There's something in your eyes I see I won't betray your trust in me Hold me in your arms tonight Fill my life with pleasure Let's not waste this precious time This romance loves to treasure Hold me in your arms tonight We'll make it last forever When the morning sun appears We'll find our way together I'll hold you, touch me, baby, make you my woman tonight Hold me in your eyes tonight Fill my life, there's something in your eyes I see Let's not waste this anxious time This moment's ours to treasure Hold me in your arms Tonight We'll make it next forever There's something in your eyes I see When the morning sun appears, we'll find our way together. Are we in your arms? Are we in your arms? Fill my life. There's something in your eyes you gotta see. Let's not lose this plan. It's just time to lose. This moment tries to change. Hold me in love. Hold me in love. It's not a baby. We'll make it last forever. There's nothing in your eyes. We're not a morning show. Thank you. guitar solo I'm sorry. Am I blue? Yes, I'm blue It started the day I lost you Nobody ever missed somebody like I do Am I blue? Am I blue? Just this morning Thank you. Hello and thank you for joining me on this segment of my council comment. I'm 9th District Councilmember Whitney Elliott Baxter and today I am joined by our Fayette County Clerk Susan Lamb. Thanks for joining me. Thank you for having me. Of course. So there's a lot of really exciting things happening in the County Clerk's office and I just wanted to share it with the public so that everybody kind of knew what was going on. Well thank you. Yeah so recently we had a presentation. The End Thank you. I just want to make sure that everyone has signed up in the foyer. If you do plan to speak today, there's an iPad sign in out there. So if you could do that, please, while we're getting our technology up and rolling, I'd appreciate it. Thank you. The End Thank you. Thank you. Thank you. Thank you. Good afternoon, everyone. Good afternoon. I will officially call today's meeting to order. I had cheers out there. This is going to be exciting. First thing, I do just want to remind everyone, make sure if you are planning to speak today, I do need you to be signed in out there in the four years. So I believe there's iPad out there to get signed in. So has everybody had an opportunity to do so? Great, wonderful. The first item on our agenda today, or actually we have some minutes that we've received. And I think the board has had an opportunity to review. And if they are happy or if there are any changes to make or discuss, we could do that at this time. If not, I'll entertain a motion. Madam Chair, I hereby move for approval of the December 2023 and January 2024 Board of Adjustment meeting minutes. Thank you. We have a motion and Ms. Tucker has offered a second. We will open for vote. Thank you. That motion has passed. The next item on the agenda is the swearing of the witnesses. If you do plan to speak today, I will need you to stand up at this time. Please raise your right hand. And do you swear to tell the entire truth today? I don't know if I can say that. Yes, okay, thank you. And what I will do next is I'm actually going to sound the agenda, so I'll read out the individual cases and make sure the applicant is present. And at that time, I'll also ascertain who is here to speak in opposition of any of the particular cases. So the first item is PLNBOA 24-13, that's Baptist Health Care System. Is the applicant present? Thank you. That has been recommended for approval. Is there anyone here to speak in opposition of that item? We will hear this item first today. The next item is PLNBOA 2417, that's Kroger Limited Partnership. Applicant is present. Do we have anyone here to speak in opposition of this today? Thank you. That item will be heard second. Then we have PLNBOA 24-19, that's Anderson Andover Country Club. It has been recommended for approval. Is the applicant present? Thank you. Okay. Is there anyone to speak in opposition of this item today? Yeah, okay. So you will be on the HERD docket today. That's the first one. And then we have PLN BOA 24-6, that's Pavilion Development Company. Is the applicant present? Thank you. Do we have anyone to speak in opposition for this item today? So that one will be number three on the quick docket. Then we have PLN BOA 24-9, that's Storm Creek Associates LLC. Is the applicant present? Very good, thank you. Do we have anyone here to speak in opposition of that item today? We have one. Okay. That will be number two on the herd docket. Then we have PLN BOA 24-10, that's Clark and Clark. Is the applicant present? Do we have anyone to speak in opposition of this particular item? No? Okay. I believe that would be number 4. Are you keeping track, Chad? Barely. Okay. We'll do some new math later if we need to. Okay, so we have PLN BOA 24-11, Chapada of the Bluegrass. Is the applicant present? That has been recommended for approval. Is there anyone speaking in opposition of this item today? My math is correct. I think you're number 5, sir. Okay. Then we have PLN BOA 24-14 Royalty Investment Group. Is the applicant present? And is there anyone here to speak in opposition of this item today? It looks like number six. Then I have PLN BOA 24-15 Jason and Natalie Clark. afternoon that has been recommended for approval. Is there anyone speaking in opposition of this case today? We have one there. That makes it three. All right. Okay. Okay. Then I have PLN VOA 24-16 Diamond Design and Construction LLC. Is the applicant present? Diamond design and construction. Okay. So we'll come back to that one. Was there anyone here to speak on this particular case? You guys are here to speak in opposition today? Okay. We'll circle back to find the applicant. Okay. Then I have PLN BOA 24-18 OHP Southland Drive. Applicant is present. Do I have anyone here to speak in opposition of this particular item today? Okay. Forgot what number that is. Is that eight? Is that eight? Okay. busy day busy day plnboa 24-20 lexington center corp is the applicant present there you are that has been recommended for approval is there anyone in opposition of this speaking in opposition today we do have some okay that will be heard i believe that's fourth on the herd Okay, then we have PLNBOA 24-21, that's Laura Combs, that has been recommended for approval. The applicant is present. Do we have anyone here to speak in opposition today? Okay. I'll put you about number nine-ish on the fast docket. Okay. All righty. So what we will do, those items that have been recommended for approval with no opposition, we will hear those items first. Then we will move into the items that are here to be fully heard. And we will allow public comment at those times. The public comment will be limited to three minutes or less. The first item is PLN BOA 24-13 Baptist Health Care System. Good afternoon. Nick Nicholson here on behalf of Baptist Health Care System. We have reviewed the staff report and the recommended conditions, and we are in complete agreement with those conditions. Well, that makes my job easy. I appreciate that. Did we have any questions? The board has already received the information. Do you guys have any questions about this project? If not, I'll entertain a motion. Madam Chair, I hereby move for approval of PLM VOA 24-13 Baptist Health Care System Inc.'s request for a variance to increase the allowable height of a parapet wall for a wall sign from 6 feet to 15 feet in the Economic Development Zone on a property located at 2000 Polo Club Boulevard based upon the staff's reports and its recommendation of approval and subject to the two conditions set forth therein. I'll second. I have a first and a second. I think Chad Beecher on the second. So no further discussion. We'll open for vote. Thank you. Looks like the motion is passed. So we have PLN BOA 24-17. It's Kroger Limited Partnership. This one has been ultimately recommended for approval with the amended versions? Yes, Madam Chair, and I'm Darby Turner, representing the applicant, Kroger. And we have worked with staff on the initial recommendation of postponement and appreciate their effort to get to a revised recommendation of approval. We are in agreement with their recommendation and the conditions, which I have. And the conditions. Wonderful. I love it when a plan works. I do. So the staff has recommended approval. We have received the amended staff report. Any questions? If not, I'll entertain a motion. Madam Chair, I recommend approval of PLN BOA-17 Crore Limited Partnership. Request for variances to increase the allowable vehicle use area between the building and the street from 60 feet to 110 feet and increase the allowable height of the freestanding lighting in a parking lot from 12 feet to 25 feet in order to construct a grocery store and associated parking lot in a commercial center zone or properly located at 760 Newtown Springs Drive based on the staff's recommendation and the six conditions as listed. So move. Thank you, Mr. Clark. And we have a second by Mr. Sturvent. We will open for vote. Thank you, Mr. Turner. Thank you all very much. Can we get Brandon? He was ready. Thank you, sir. Okay, so let's see. One, two, number three is, there we go. PLNBOA 24-6, Pavilion Development Company. Thank you. Okay, if you state your name for the record, please. Name is Michael Grace, Pavilion Development. Thank you. Donna, did you get that? Okay. Wonderful. So this has been recommended for approval and there are four conditions listed. Have you had opportunity to review those? We have and we're in agreement with conditions. Wonderful. And the board has already received this information. Do we have any questions? I have a question. Do you know what the proposed building is going to be? The little like 950 square foot outbuilding right there? Yes, the proposed building is a Dutch Bros Coffee facility. Okay. Done. And then, so you've got the traffic going that way, and I was sitting at that intersection. I was wondering if they could do something like when they come out, make them all go to the right or something. What we have done is eliminate the two curb cuts on Winchester Road to put all the traffic, all the movements on industry off of Winchester. Thank you. Thank you. I have the same question. I'm just confused about the traffic pattern. You have two rows of cars and it's not clear to me where, how those cars are moving. Okay. Are we able to put the map? Can we put up a map? Uh-huh. Okay. As that's being queued up, what we've done is we've shown the maximum number of cars possible just to show what we could do in a maximum condition. The cars are all entering at the top of the page, at the top left corner of the site plan there off of industry. Thank you. So we've closed it. There are currently two curb cuts out here on Winchester Road. We've closed both of those to bring all the traffic onto industry and enter at the northwest or the top left corner of the property and then they will circulate in this direction around and so the drive-through window is up against the driver's side of the car, and then they will exit out here and come back out to Winchester. So the inner loop is having to merge into the outer loop, is that correct? In other words, the cars that are in the inner loop will have to merge in order to get to the builder. Yes, sir. But when there are, if they are double stacked, they will merge at the point right there before they get to the building. Yes, sir. There should also be in your packet, and we can show it on the PowerPoint, a recommended site plan from traffic engineering that was included in our recommendation. That includes a little bit of clarity at where the cars are entering. And real quick, but they're entering and exiting on industrial, right? Correct. So we're closing the, looks like right now you've got maybe up to four access points, and we're closing three of them, and all the traffic will be on industry only, no direct traffic to Winchester Road. Correct. Okay. Yes, sir. And then have you seen this design? So we will work with our engineers and staff, absolutely. I understand to try to better define the traffic. So we will absolutely work with them. Let's see if I can, right up here, that definition there, the striping there, to try to, I guess, pinch it down to one lane coming in. We prefer to allow traffic to come in and enter straight into that lane and the outside lane if possible because that's the lane. If they're not busier, we'll proceed straight to the drive-through window without a merge. But we will absolutely work with staff and traffic recommendations. And this is a staff question again. What is the required stacking? It's five vehicles beyond the first place that someone would stop. So I don't think that they utilize a menu board. I don't believe you stop until you get to the window. Is that correct? There's no ordering board. Folks will come out and take your order if there are too many people. stacking up at the window. They're showing more than adequate stacking for our regulation. I've got a question on your entrance and exit lanes. It looks like your arrows should be reversed because it looks like the traffic coming out will be going out the in lane. You see what I'm talking about? Looks like the The entrance lane should be at the top and the exit lane should be at the bottom. If they're coming out, they're turning left. They're going to be turning, getting in the wrong lane. I think you have. Be adverse to incoming traffic. Is that just a typo? I think that may be, I think we got several things the city is trying to do and they're trying to interact. So it looks to me like the building is pushed up to Winchester Road to get to activate it. and have that more community human scale walkability that the city is striving for. And so I don't think you could have the traffic go the other direction and still meet the city with the city kind of wants with the buildings we're doing on these major corridors. Just from my experience, Bob, it's, I think he's trying to do what appears to me, It looks like the staff is on board with trying to compromise between what our comp plan is calling for in Lexington and him trying to get his drive-through or pickup window or whatever we're calling it through. And so I'm comfortable with it just given that kind of what he – I don't think you can make the traffic go the other direction. and still have the building pushed up against the Winchester Road like it's being designed. I think we'd have to do more of a historic suburban type layout for the traffic to flow in that pattern. And one of the conditions is still it has to be approved by the traffic engineering. Okay. Or two of the conditions. But that was my same thought too, is why is the traffic going that direction until I saw the single story building being proposed? We'll let traffic, you know, fight that out with traffic. Okay. We'll work with traffic. Yes, sir. Thank you. Do we have any other questions of the applicant? If not, I will entertain a motion. Yeah, I think we all are. We're still on the old boat. I think she's trying to say. Anyone helping? We're on. Okay. I want to just make the motion. Go on with it. I'll do it. I'll do it. I just can't figure out why he needs that inner loop. Because they're going to have conflict right here. Somebody says, you're not going to get in here. It's something similar. Cook out. Too late. Yeah, it works. I will entertain a motion. Make a motion to approve PLN BOA 24-006 Pavilion Development Company. Request a conditional use permit for drive-thru in order to establish a drive-in coffee shop in a neighborhood business, B1 zone. My property located at 1209 Winchester Road, Council District 1. It's based on recommendations made from planning for four conditions. Is conditions good with you? Yes, sir. Thank you. And Ms. Tucker has offered a second. Oops. Wonderful. The motion is passed. Good luck with the project. Thank you very much. Thank you. The next item on the agenda will be PLN BOA 24-10. That's Clark and Clark. The applicant will step forward. And Jason Worrell, W-O-R-R-E-L-L. Thank you, sir. The board has already received this information. It's approval has been recommended and there are eight conditions listed. Have you had an opportunity to review those conditions? Yes. And are you comfortable? We agree with those, yes. Okay. The Clark? I'll just say it's a great idea. Thank you. I move to accept the PLN BOA 24-10 Clark's request for a conditional use permit to expand an existing golf driving range, add accessory cover shelter in an agricultural rural zone, or properly located at 4440 Athens-Boonesboro Road, based on the staff's recommendation, and the eight conditions as listed. Yes. Thank you. And Ms. Tucker has already seconded. You're too slow, Chad. You're too slow. Am I missing? Mr. Clark. That's okay. Thank you. The motion is passed. Good luck with the project. Thank you. The next item is PLN BOA 24-11, Shabbat of the Bluegrass. Applicants, come forward. Please state your name for the record. My name is Samuel Height. I'm here as a technical representative to the applicant, Rabbi Litvin, who is sitting here in the second row. Thank you, sir. You're welcome. And this has been recommended for approval, and there are three conditions that have been listed. Have you had an opportunity to review those? Yes, ma'am. And are we comfortable with those conditions? Yes, ma'am. Thank you. The board has received the information ahead of time. Do we have any questions or concerns for this applicant? If not, I will entertain a motion. Madam Chair, I hereby move for approval of PLM BOA 24-11 Chibata of the Bluegrass's request for conditional use to establish a place of religious assembly within the defined infill redevelopment area in the h1 zone and in the in h1 overlay in a plan r3 zone on property at 371 375 nails for a place based upon the staff's report its recommendation of approval and subject to the conditions set forth therein thank you mr gross and miss tucker has offered a second we'll open for vote at this time wonderful that was fast your motion has passed good ladies and gentlemen we thank you you're welcome thank you so the next item is pln boa 24-14 royalty investment group if the applicant can come forward good afternoon please state your name for the record i'm jennifer royalty i am the applicant with royalty investment group wonderful that has been recommended this has been recommended for approval and there are four conditions listed here have you had opportunity to review those yes we've reviewed and are in agreement with all of them wonderful does the board have any questions on this particular product project I had a question about parking. How many parking spaces do you have? Each unit is usually designated. We have one designated parking spot that has the actual unit number on it and then it's surrounded by two to three open spots, so for overflow parking. Thank you. Any other questions? If not, I will entertain a motion. Madam Chair, I move to approve PLMBOA 24-14, Royalty Investment Group, LLC's request for a conditional use permit for an unhosted short-term rental within the defined infill and redevelopment area in a medium-density residential zone on property located at 1625 Nicholasville Road, Unit 806. based on staff recommendation and subject to the four conditions. Thank you. And Mr. Sturdivant has offered a second. If there's no further discussion, we'll open for vote. Okay. There we go. Looks like the motion is passed. Thank you. Thank you. Thank you to the staff. They're super helpful. Well, thank you. We like the staff. You guys are all right. Okay, I want to check at this time for PLN BOA 24-16. That's diamond design and construction. Has that applicant? I'm sorry, sir. I was just making sure you were present. That's okay. You will be heard. We do have some people here to speak on behalf of this one. I'm not sure what number that will be. 9A? Yeah. 98? I said 9A. 9A, yeah. Love it. Okay, PLNBOA 24-18 OHP Southland Drive. Applicant present, please. Good afternoon, Madam Chair, members of the Commission. My name is Matt Carter with Vision Engineering. Nice to see you, Mr. Carter. This has been recommended for approval, and there are four conditions that have been listed. Have you had an opportunity to review those four conditions and are we comfortable with them? I have reviewed them and we're in agreement with them and comfortable. Okay. Thank you. Do we have any questions of this applicant from the board? If not, I will entertain a motion. Madam Chair, I hereby move for approval of PLM BOA 24-18 OHP Southland Drive's request for a conditional use permit to modify existing drive-thru facilities in order to establish a bank with drive-thru facilities in the B1 zone at property located at 115 Southland Drive, based upon the staff's report and its recommendation and subject to the conditions set forth in the report. Thank you. And Mr. Sturdivant has offered a second. There are no further questions. We'll open for vote. You guys are fast. Wonderful. The motion is passed. Good luck with your project. The next item is PLN VOA 24-21. That's Ms. Laura Combs. Good afternoon. Good afternoon. Can you state your name for the record, please? Yes, Laura Kalmes. Kalmes. Yeah, my business partner Daniel is here, too. Thank you. This has been recommended for approval, and there are four conditions that have been listed. Have you had an opportunity to review those? Yes, I have. Are we comfortable with the commission? I think so. Let me just read the last one real quick. Okay. Oh, okay, got it. Yeah. I agree with them. Okay. Thank you. Wonderful. Do we have any questions of this applicant? We do not. I will entertain a motion. Madam Chair, I move for approval of PLNBOA 24-21 Laura Colm's request for a conditional use permit for an unhosted short-term rental in a single-family residential zone on property located at 99 Marcellus Drive based on the staff's recommendation and the or conditions as listed. So move. Thank you. Mr. Clark, do we have a second? Mr. Gross has offered a second. No further discussion. We will open for a vote. Thank you looks like the motion is passed wonderful thank you so much. That is what's next. Will you bring back snack? Okay thank you. No it's just a. Okay. Okay, the next item to be heard is PLN BOA 24-19 Anderson Andover Country Club, LLC. If the applicant will please come forward. I saw them somewhere. Did they go outside? The representation for Anderson and over country club. Did they step up? I saw Mr. Strom here earlier. I did. Good afternoon sir. If you state your name for the record please. Sure. My name is John Strom. I am general counsel at Anderson Communities. Okay. Thank you. And this has been recommended for approval and there were three conditions that have been listed. Did you have an opportunity to review those? We do and we're comfortable with those conditions. Okay. Wonderful. We have some people, concerned citizens here. Would you like to review the project first? Sure, we can do that real quick. Could we throw the site plan over the screen and that way you can point out? Certainly. Because it looks like you're essentially reusing the existing building? We are reusing the existing building. For a little bit of clarity, this is the old Andover Country Club Clubhouse. We have two users in there. One of them is a restaurant. Will be largely on the main floor of the building. On the back side of the building, we do have a fitness center that's being built, constructed right now that we backing up to that parking lot on the lower level. To the west of the restaurant clubhouse facility is a future townhouse development that is owned by Anderson Amberson Country Club. It is currently under construction and development. There is not a home there yet. To the south of the property, below the parking lot there, is the stormwater management area. There is a rather large pond there, and that is the stormwater management for this project. We own the property directly south of the clubhouse there. What we are asking, or one other detail to point out, is you run north to south on the western side of the property. you'll see that there is a five foot or a is that an eight foot path Tony an eight foot walking path that runs north to south on the property and then follows the property line down below the parking lot oh Okay, well, this is fancy. My apologies. So here's where we're talking about with the path running north to south, and then it will come along the property line here, and it will drop down along the pond, and then it will connect to other existing park paths that were part of the golf course previously. When we purchased the property from the Andover Common Property Group, it was important that the pathways that connected the neighborhoods remained connected. So we wanted to make sure we offered a connection for pedestrians who wanted to access this facility. Our idea was not that this would be a separate business in the middle of a neighborhood, but that it would actually be part of the development, part of the community there. to the, let me see, wrong one, there. So these, like I said, are going to be townhouses. Down here we have a stormwater management area, and then coming down this way we have more townhouse development there. So the idea was that this would be kind of a focal point, a community point for the neighborhood, and one of the things we wanted to highlight on that was that it was welcoming as you walked into the building from the other parts of the neighborhood. We believe that putting up a six-foot hedge or a six-foot fence would kind of wall the property in and defeat the purpose of us trying to create an inclusive community here among the townhouses that are there. Let's see. What we're asking for is more akin to like your standard parking lots at businesses around the city. be a three-foot hedge, which is about what you'd find at a headlight level for most parking lots there, rather than that six-foot wall, which creates a visual barrier, which creates an ambush point potentially, and which could create just not a very welcoming access for the pedestrians coming that way. When we install this hedge, we are looking at putting it along the property line there it would be installed between the path and the parking lot so it would be right up behind the curb there appears there's enough land there and that's where we intend to install it and that would also provide that path also provides an additional landscaping buffer of eight feet instead of it being just green space we have a public access there so i'm happy to answer any questions you may have about it but that's what we're seeking to do today. Thank you. Do we have any questions of the applicant before I allow for public comment? Okay. I just didn't know if you all wanted me to present anything but John took care. Okay. If I jumped ahead in line I'm sorry. It's been a while since I've been in front of you all. You're fine. Okay if you could sit for a moment we'll get some public comment and let you come back. So if you were here to speak in opposition, please. Good afternoon. State your name for the record, please. Good afternoon. My name is Manuel Ijar. I live in the community right across from the development. Okay. Good afternoon, Chair. Thank you. I think you should have a timer there. They set you three minutes. I did share a document, and I hope that we can put it up on the screen. If not, I can walk you through it. Does it work the same way with this or no? Got it, got it. . We won't start your three minutes until it gets clicking. Okay, seems like we can all see this document. So I've collected in this letter signatures from 12 of my neighbors. I took the liberty to expand the map that they were showing because it actually, there's more than just the lake in front of them. There's houses we are going to be affected by these variants. So firstly, the 13 vehicles that are going to be facing our community are going be directing their headlights straight into our bedrooms and living rooms so affecting our quality of life all those neighbors around them they've all signed this the second thing is that the hedge that it proposing you can go to the next page please thanks that stilt fence that you see underneath the headlights of this car is three feet high. And this is a view without any zooming from my bedroom of one vehicle, plus the floodlight that is staring at us. So you can just imagine 13 vehicles, maybe not gonna be at the same time shining light, but it's 15,000 lumens with modern headlights. Just for reference, 50,000 is daylight. So this is one third of daylight shining into our bedrooms and living room, right? So that's the nuisance part of having no buffer between our commercial zone and our homes. The second thing we see as an objection is that there is no buffer between the parked cars with moving vehicles and the safety of our kids and members of the community using the trail. So there will be moms with their prams, and you can see right next to that stilt fence is where the trail goes, and they're leaving five feet in between with no berm and just a three-foot high bush. So if anything were to happen, missed parking or something, it will hit straight into the users of the trail. And so we're trying to be inclusive with the community. We're not saying stop the development. We're just saying let's put a berm and privacy so that we don't get the nuisance and also safety for the pedestrians and users of this path. So that's what we're wanting to raise our concerns and not allow these variances. I'm sure we can work out a solution that there's privacy for these lights and safety for the users of this trail. Thank you. Thank you. Thank you. Did we have anyone else? Any public comment? If the applicant would you like to speak to some of those issues or concerns? We put the plan back up for a moment. Okay. So actually, I've got two exhibits I'd like to share with you. Let me do the plan first. Okay. So as we talked about, we're looking at putting a three-foot tall hedge on the south side of this property line. In between the trail and the back of the curb for this parking lot, there is approximately a little over five feet is what my engineers filled me in on. For a bigger picture of what we're talking about. oh it won't okay sorry um so we're in you can see the parking lot there above the pond and then as you go further south you'll kind of see the triangular shape that is the homes thank you tracy so there's the parking lot right there and coming further south are the homes we're talking about there's about 200 to 250 feet in between there we do own the property in between and the HOA own some of the property in between there the zone to zone line is actually to the south of that property line it is not at the back of their yards can I throw the photo up please this is a photo of the way the construction is going right now as you You can see the parking, the lancet fabric that we were talking about, the silt fence, which is that black material that's sticking up there, is slightly down the hill from where the curb would be. Gotcha. Oh, it's trying. It's just not showing up on the screen there. So we intend to put the hedges backing up along that curb between that and the path that's there right now. So I do believe we'll have adequate screening there. All the trees that are shown between their houses are remaining at this time, and we do not intend to take those down. So I think there will be adequate screening for the parking lots, lights that are coming down there. So you're saying that the hedges would mitigate the lights? Yes. Yes, the hedges would be closer to the parking lot there. They'd be backing up to that curb. And that is, again, what we use in parking lots kind of all over the city to help mitigate headlights is a three-foot hedge. What's different about this is that it is a zone-to-zone screening line, but the zoning is not at the houses there. It pretty much falls on that trail right there. So that's why they're asking us to put a six-foot hedge there, and we'd rather do a three-foot to, again, create that inviting atmosphere for people coming up here and to create a safer opportunity for people who were leaving the restaurant or coming to the restaurant at night on those trails because it does create a very walkable community there. There was a photo that was shown a second ago. I don't have that, but there's a light pole that's shown right there, and there was a concrete base. Yeah, that one. If you see that concrete base on the pole, which is, oh, you can kind of see it right there, right there. Tony, you can correct me if I'm wrong. That's about a three-foot-tall concrete pylon. And you can see that would be right about where the headlights are located on the vehicle there. Tony Barrett with Barrett Partners. That concrete base around the light pole is about three feet tall. The intent of those is they construct those on most utility poles or light poles in parking lots to prevent car bumpers from running into the light. So they hit that concrete base to protect the light. So that concrete, that post is at the curb height. and so whereas the silk fence appears to be three feet at the parking lot level it's down the hill the three feet for the park for the hedge would be about the top of that and probably a little taller those light concrete bases are generally not quite as three feet tall but the top of the hedge would be at the top of that concrete or even a little higher at the at the elevation of where it would be planted. So it would screen the headlights from the adjoining. I can't tell by looking. Is that car parked across the street? I think that car is backed up to the building. It's on the opposite side of the parking lot. It looks like from the aerial there's a pretty significant tree stand at the rear of these residences. There are trees. I'm assuming those are staying? Yes, those will be staying. Okay. And then just to remind on the use, the main restaurant parking will be in the front of that building. This would be for some employees and some people utilizing the gym facility largely. So there's not quite the traffic you'd have up front either. So, sorry if I missed this. So how tall are the lights going to be that the three-foot hedge is going to buffer? Because he was talking about... Oh, they'd be headlight. We're talking about headlights for on your vehicle. Okay, but I also saw that you had like some parking lot lights there as well. It looked like on the picture before that, I think. I think those exist, don't they? Those are already in place, yes. All right. And they're facing, they're downward facing. Thank you. Thank you. Do we have any other questions of the applicant or staff? Okay. If not, I will entertain a motion. Madam Chair, I move that we approve PLN BOA 24-19 Anderson-Androver Country Club's LLC's request for one to reduce the required property perimeter buffer where a business zone abuts a residential zone from 15 feet to 5 feet, to reduce the required vehicular use area perimeter buffer from 8 feet to 0 feet in order to provide a 5-foot buffer with a single row hedge in a neighborhood B1 zone, property located at 3450 Todd's Road. based upon the staff's report plus the testimony we heard today and subject to the conditions set forth in the report. Thank you. And Mr. Sturdivant has offered a second. We will open for vote. Okay. And we'll have Mr. Walker recusing. The motion has passed. Thank you. There it goes. Welcome back, sir. Yes, so the next item is PLN BOA 24-9, the Storm Creek Associates. You could please state your name for the record. Hi, my name is Dawn Hall. I'm a member of the Storm Creek Associates. And I'm James Hall. Thank you. So we do have this recommended for approval. There are four conditions that have been listed, including the maximum of three individuals. Have you had an opportunity to review those? Yes. Yes. And are you comfortable with those? Does the board have any questions? since this one's to be her i wouldn't mind them kind of explaining the project to us a little bit okay sounds good can you let us know a little bit okay um so we purchased the condo um maybe a year ago year and a half ago 22 um we were building a house so we've stayed in that in that condo and since then we'd like to keep the condo we have two we have five adult kids but two of them live out of state so they stay in the condo so we would like to be able to keep it and to be able to do that we would like to you know do some short-term rental when our kids are not staying there so that's why that we want to do that. Thank you. Any other questions? We do have a few people a couple of people in the audience that would like to comment. Thank you. Good afternoon, sir. Please state your name for the record. Good afternoon. My name is Alchedo Sullen Perry. I'm here to speak in opposition of the proposal. I'm a resident of 258 East High Street. I live in one of the condos right next to the proposed... I'm sorry, sir. Can you speak into the mic a little bit? No, that's okay. Pull it down a little. This is my first time. I'm sorry. No, no problem. I would like to speak in opposition of this proposal. I just wanted to express my concerns over safety, over a shared door code for the front and back entrances, as well as lack of parking, especially for three extra residents within that property. I feel like there is sufficient parking for the residents currently there, but I don't feel like it should be fair to the residents that are permanently living there to have to pay to park on the street if there is no room for them or if there are three extra cars. even if there is a designated space, there is no guarantee that those staying in the condo will abide by that, as well as just general safety concerns over the shared code and if it will have to change every time a new person or a new resident comes in and uses the property. Okay. Thank you, sir. Is there anyone else to speak? I guess the applicant come forward, please. Sure. As in Cheeto, I can't remember his last name. Excellent point about the safety of the door code. Actually, I'm also the president of the Homeowners Association for this building, and we have actually already purchased locks that have the Wi-Fi ability for temporary codes to be, given out while the residents maintain a singular code. We had a contractor that had been contracted to install those locks, but he backed out at the last minute, and so they're ready to be installed. But Mr. Chito doesn't know that yet because he's not part of the board, and they haven't been installed yet. So that was an excellent thing. Also, in our application, you'll see that we did talk about off-street parking. It is three. The occupancy is only three because it's a one-bedroom condo with a single Murphy bed, but there's only one vehicle that we would allow to park in the vicinity of our condo. We do have parking spaces that are non-designated in the back, and each condo is allowed to park one vehicle in a space. So clearly we wouldn't be using a space if we had somebody there. But then our primary parking is we do have metered spots across the street in our secondary. And so our recommendation to our Airbnb guest would be to utilize the metered spots across the street as well. Anything else? Thank you. We have any other questions of the applicant? So I'm assuming that there's a door code and then you come in and then there's doors that they would each individually have a key to? yes the front and back door has as a code on it to get into the facility and then everybody has their own um you know door you know uh locks or codes on there so how many units are in the building 12. okay and how many parking spaces do you have eight okay thank you thank you anything further i will entertain a motion madam chair i recommend approval of plnboa 24-9 storm creek associates request for a conditional use permit for an unhosted short-term rental within the defined infill and redevelopment area in a medium density residential zone or property located at 258 east high street unit 104 based on the staff's recommendation and the the four conditions as listed so move thank you mr clark do we have a second thank you mr walker no further discussion we will open for vote motion is passed thank you guys let's see the next item is plnboa 24-15 that's jason and natalie clark I must say you guys were doing a great job keeping up with the numbers because I wasn't. We do our best. Mary Bryson, attorney on behalf of the clerks. Thank you. And this has been recommended for approval and there are four conditions that have been listed. Is the applicant comfortable with those conditions? They are. Did you want to tell us a little bit about the project? I'm happy to or we can hear opposition first, whatever the board prefers. Okay. Well, why don't we let the get some public comment? If you'd like to speak on behalf of this, please come forward or in opposition. Thank you. Please state your name for the record. Anna Vasquez. And what would you like us to know? I would like to thank the Fayette County Board of Adjustment for providing the opportunity to the residents of the subdivision to share concerns regarding the petition from Jason and Natalie Clark, new owners of 633 Twin Pines Way to establish a residential short-term rental. I reviewed the pros and cons of having a short-term rental next door to my property, and for numerous reasons, the cons outweighed the pros. Based on my research regarding the numerous issues that come along with living in the vicinity of a short-term rental, I strongly oppose to 633 Twin Pines Way to be converted into short-term rental. Willow Oaks subdivision is a residential area with low flow of traffic and peaceful living. Most of the residents in the area are owners of the property and the community emits a sense of safety, peace, and security. My concerns with a short-term rental are the following. Increased traffic, parking, noise complaints, increased criminal activity, and home value. Increased traffic, Twin Pines is a cul-de-sac residential narrow street where not many vehicles travel through. A short-term rental would increase the flow of traffic which is expected in a business zone or high traffic residential area where residents are used to numerous vehicles coming and going. A short-term rental would affect the peaceful living of the current residents. Parking, 633 Twin Pines is a three-bedroom home, which is with short-term rentals, individual bedrooms can be rented as well as the entire property. A three-bedroom short-term rental could potentially accommodate from 6 to 10 individuals, if not more, which would affect parking in the neighborhood. Twin Pines Way is a narrow street that cannot accommodate many vehicles to be parked on the street. Noise complaints, open source information such as news articles from the Lexington Herald and WKT News indicate numerous residents in Lexington are unhappy with the short-term rentals in the residential areas. Some of the most common complaints are large parties or loud noises from these properties. Loud noises are expected in a business or high traffic area, which is not our subdivision. Increased criminal activity. In October 2023 at 3000 Windermere Road, located in an affluent residential neighborhood, numerous shots were fired during a party at a short-term rental in the middle of the night. Based on the news articles and open source information, some residents were injured. The Willow Oak subdivision, specifically the Twin Pines Way, is a peaceful area where families reside. Opening the door to short-term rentals would potentially increase criminal activity, which is something other Lexington neighborhoods are currently battling with. Based on my training experience in law enforcement, criminals utilize short-term rentals to engage in criminal activity due to the fact that they are only staying for a short period of time and there are no background checks. Some of the potential criminal activity include drug trafficking and sexual exploitation, just to mention a couple. And finally, my home value, if they want to run out of time. A short-term rental next to my property would affect the value of my property and the neighboring properties bringing the home value down. Thank you. Thank you. I appreciate it. Thank you, Ms. Bryson. Would you like to respond to some of those? I sure would. So as far as parking and traffic, the home has an attached two-car garage. The driveway also accommodates two cars. applied for up to eight occupants. So for example, if four couples came each driving a car, they can all be accommodated without any impact on street parking. Likewise, Airbnb, which is the platform at which the Clarks anticipate utilizing this short-term rental, Ms. Clark is a verified super user and gets excellent reviews. Airbnb has instituted background checks as well as a no parties, no large gatherings policy, both of which the clerks would uphold. So we don't anticipate it negatively impacting the nearby homeowners. Do we have any questions of the applicant? How long do you think it will be rented out? Like 52 weeks or 30 weeks? That's the goal, but it's really what the market will bear. This isn't particularly close to any particular Lexington draw point, so it would really be, I mean, anything from Keeneland overflow, if you couldn't stay any closer, anything like that. But whatever the market will bear. So ideally, like, as much as you can. That would be preferred by the Clark, certainly. Thank you. Thank you. Any other questions? If not, I will entertain a motion. I'm not in Florida. I don't know. Oh, that's okay. No, if you'd like, please come forward. Have you been sworn in? I did not. Okay. Come forward. Please raise your right hand. Yes. Do you swear to tell the entire truth today? I do. Thank you. I just wanted to address a few of the things that were mentioned. We do have another Airbnb, and we love it because it gives us so much more control over the people who are using our property. That's actually a big reason that we're wanting to do that instead of long-term rental with. Everybody that stays at our other property, and it would be the same with this, we see them. They have to request staying there, and we communicate with them throughout their stay. There is good communication and awareness, and if there's something that we're not comfortable with, those people don't stay at our property. We also like that with an Airbnb, it's much more hands-on. We're over there all the time cleaning up, taking care of things, maintaining the property. with a long-term usage, you don't get the same kind of hands-on approach to it. So, yeah. And as far as the home value, our only goal is to increase the value of that place. We've already dropped a significant amount of money making that place a nice place to be. And our only goal is to make it better and better. Thank you. Any further questions? Okay. Now I will entertain a motion. Madam Chair, I move to approve PLMBOA 24-15 Jason and Natalie Clark request for a conditional use permit for an unhosted short-term rent on a planned neighborhood residential zone on property located at 633 Twin Pines Way based on staff's recommendations and subject to the four conditions. Thank you. One of the first, do I have a second? Thank you, Mr. Gross. No further discussion. We'll open for vote. Thank you. Motion has passed. And the next item is PLN BOA 24-16. That's diamond design and construction. And I remember you guys came in a little later. Have you been sworn in? No, I have not. Okay, so please raise your right hand, and do you swear to tell the entire truth today? I do. I do. Okay, and please state your name for the record. Adnan Turgo. And Cynthia Turgo. Okay. And this has been recommended for approval, and there are four conditions that have been listed. Have you had opportunity to review those? We have. And are we comfortable with those conditions? Yeah, we are. We do have some concerned citizens here that would like to speak. Would you like to tell us a little bit about the project first? We can let them speak and speak after. Okay. We've owned the property for over a year now. It's been a long-term renter. She's moving out and we're converting it to a short-term rental. Okay. We have, I think we've put in about $40,000 worth of work into it. Put a new kitchen, flooring, paint, bathrooms. Exterior is supposed to get a new roof. Am I missing some? It's been professionally landscaped and maintained as well since we have owned it. Okay. All right, thank you. We'll take just, excuse me, no, I'm sorry, you guys. If you need to speak, please come up to the front if you've already been sworn and signed in. Hi, Sherry Graham. Okay, hold on just a moment. I won't let everybody get up. I live on the street there, obviously. And I'd just like to say, I don't know if we have a way to pull up what the street looks like, where this is going or not, if we have that documentation. There's only 12 units. on this end of the street down there, and there is a tree paddock or a tree median in the middle that has a little rock wall and some trees. Number one, this is a private street. So we can't quite understand how this could even happen because this was supposed to have been a gated community when this property was built back in the 80s. They never finished that portion of it. So this is actually a private street. so that if we have sidewalks or things that have to be redone, we are responsible for them. We all moved there because it is a quiet, private street. There's already serious parking issues because of this paddock, this rounder in the middle of the street, that we've tried to get some signs put where people can't park by it. It is very hard to get in and out of our driveways when people are parked by that. In fact, I have to go in from a different approach. There's already not enough parking. We're not sure how eight residents could come into this place, or eight renters, and there would be enough parking. It's already a huge problem there. We're concerned with safety, the same as what the other young lady in the previous situation spoke of. We're concerned because of the Windermere situation with the shootings. I don't know. That's just their residence. We don't have an aerial. Okay. All right. We have a map, but we don't have a photo. Okay, so you know we're concerned with our safety. There are a good number of single women that live on this street We moved there because it is private and quiet So just major concerns for us to have more traffic to have potential Drug trafficking to have just more flow up there Thank you Good afternoon. State your name for the record, please. Hello, my name is Margaret Selick. I also live, I'm like three doors down. I have talked to every neighbor. Not one neighbor is consenting. Again, it is a private street. I'm single. I live there because it's safe. I know every single neighbor. I can walk. I know when the snow's out, if I have an issue, my neighbors are there for me. We watch out for each other. There's already, I don't know, over, it's like 1,600 Airbnbs in Lexington. This is not even near a venue. Nowhere near. I don't understand why they want to turn it into a B&B. If it was right beside their home, guarantee they would be fighting against it. That's why I'm standing up for my rights. Most of the people couldn't even come today. Next door is a couple, and he's in a wheelchair. I don't want somebody shooting, and it has happened at Windmere. We have three schools very, very close. Two elementaries, one middle school, and a park that kids play all the time. The kids walk to school. And I, for one, am standing up for the children in Lexington. It takes away another residential person to vote in our elections, which is very important. That's how you all are here. That's how we have any say-so. It's very, very upsetting. If this isn't turned into an Airbnb, I will be forced to sell my home. Because I actually have a two-car garage and the biggest driveway on this little loop. Anybody that parks on the street, guess what can't get by? Garbage trucks can't go by. Ambulances can't fit in. Fire trucks can't get in when there's cars parked on the street. And because some of the driveways are very short, people have to park on the street. So there is a safety concern. I don't want pedophile people coming in. I don't want any drug dealers coming in. It is a very, very safe neighborhood with a lot of elderly people, single people, and very, very young families. One that's getting ready to have a baby, very close, two doors down. In addition, I don't want to deal with vandalism. I don't want to deal with the garbage. Right down the street, as you come up, when, I can't think of the main street, Ridge Point Run, they turn a place into an Airbnb. It's disgusting. The garbage sits out continually. We care about our community. If this was beside your house or in your little cul-de-sac that is a private street, would you want it? No. long-term rentals are fine because they take care of the home. Airbnb, and I've been around it, I've had a business in Lexington, I am totally opposed and I ask for your consideration so that you will deny this. Thank you for your time and thank you for your service for us. Thank you. Yeah, we've lived in this neighborhood. State your name for the record. Oh, I'm sorry, Artie Bratton. It's my wife, Amy. Hi, I'm Amy Bratton. And we've lived there for 21 years, almost 22 years. And the reason we moved there is because it's a private neighborhood. It's safe. It's at the very end. There's no through traffic or anything. One of the main points they have is that there is not any room for parking. There's 12 houses in that little area. and there's about nine of them are single car driveways. Including ours. Including ours. And in ours, we share a driveway with the house to the left and the right, the last two, ten feet of our driveways, this one driveway. So if someone like an Amazon truck is coming by or anything, we have to wait. We either can't get out of our house, we get blocked in, or we can't park. But nine of those houses are single car driveways, and there's only six extra parking spots around the cul-de-sac, So it's kind of first come, first serve, but pretty much since we've been there a long time, we have one spot. Somebody else has a spot they usually use regularly. There's three spots. So now there's really just three spots open for whoever moves into there, you know, to fight against the people who actually have more right because they live there. They've been living there for a long time. But we've had our daughter had her car totaled because she parked on the cul-de-sac in a safe place because a school bus tried to turn around. In October. You know, this past October, and it totaled her car. It came up on the street, and school buses aren't supposed to come up on their route, and it got turned around because it was in the wrong place. Tried to do a three-point turn and totaled her car because it's so tight up there. Yeah, there's no room for, I mean, and that'll be on record, too, because the city had to pay for that, our insurance. Right here in front of the house that they're going to rent out? The tree, where the tree is, that sidewalk area, it looks like it's about 10 feet long. We don't have anywhere to put our trash except for there. Or the house next door. Or the house next door. So all three houses share that area to put our recycling, our trash, so there's six cans that go out. So we kind of have a system that we kind of work with. They don't know because they haven't lived there. I look out there, and if I see Mike or the ladies that lived there in that house for 30 years, if Faye didn't have her cans pulled out, we would kind of look at our trash can and we're like, well, if it's not full, we won't put it out this week. That's kind of how we worked for over 20 years. Well, I know with the short-term rentals, they're going to have trash and recycling every week. So what do we all do with our trash? Where do we put it? You can see how close these houses are, too. It's not like you've got a gap of land. If you want to pull it over and look at our house or my list, until you see that there's no place for our trash, where would it go? That's just how these houses were built. And it kind of comes down to the families that have been there for like as long as we have it is somebody who doesn't live there they're right to make money over the families that bought the house and have been living there to feel safe and and with their investment you know anything else well thank you well also the packages too there's a problem all the houses look alike and then it's the charm there are kind of these chalets packages get delivered to the wrong house all the time the packages get delivered to the wrong house people go to the wrong house and i know that i mean what do we do but we just kind of walk them over as neighbors we go off someone's porch we bring them over but if someone's staying there that are strangers and our amazon package goes to their house you know what do we do do we go on their property and they bring them to ours thank you we appreciate that thank you we have another unlock your picture again we'll have to put it on the overhead Hi, I'm Sarah Kane. I also live on Wingate. We are a very tight-knit, close community. There are seven of us here today. There would have been more, but other people are at work or away from home now and couldn't come, but they expressed to us that they would like us to speak for them. Again, the traffic has been mentioned, the lack of parking on the street, and I want to stress that we are not exaggerating when we say there is no room up there. We hear the garbage truck occasionally honking for people to come out and move their cars. So if there were any more cars that would fit in the driveway at the short-term rental, That would present tremendous problems. I had some questions for Diamond, if that is all right to ask. No, just you have to. It's just to you? Yes. Okay. So you express your concerns and I'll have the opportunity. Okay. We were concerned about the policies they might have in place, whether it's automatic rental or screened. We are concerned about safety. And we know that there are already at least three short-term rentals in our neighborhood, which is a very small neighborhood, and whether there could be any limits set on how many, on the density of short-term rentals in the neighborhood. We know that currently in Frankfurt there had been an effort to deregulate short-term rentals, taking away local control, and we're concerned about the impact that might have also. The image that's up now is of a short-term rental just down the street. Trash is out on the street all the time, not just garbage pickup days. It stays like that and we would hate to see that happen on our street. So thank you. Do we have any other public comment? Would you guys like to address some of the concerns, please? So as far as parking, we only applied for two cars. The driveway can accommodate. I can't do much about the street. You know, it is tight. We know that. But, you know, we would ask the guests to keep it in the driveway. We don't want to be rude neighbors. We get it. We want to help people out and not be in their way. As far as garbage goes, garbage services, we actually have employees that put the trash out and bring the trash back in. We operate seven other Airbnbs in Lexington. So they work full time for us. As far as safety goes, Airbnb does background checks, criminal background checks. You cannot be a felon or a registered sex offender and have an Airbnb account. We also, oh no, I'm sorry, public comments please. We also don't allow one night rentals which makes us a little bit different from a lot of other hosts just to cut down on the risk of maybe parties or certain things that would be disruptive. We don't want that risk, so we don't even allow one night rentals on our units. So it's a two night minimum that we have and that is a really good deterrent of those kind of issues. Yeah, that does minimize parties. We also don't rent people in town because typically it's party rentals. So we keep an eye on it. Everybody that we rent to, we pre-screen. We make sure they've been good guests. They have a history with Airbnb. It's typically our rentals are set up for families, a little larger, three, four bedrooms, so it's not a condo. And we've been super hosts for eight years. I'm also a local realtor. I do a ton of real estate here in the community. And a lot of our clients are actually staying in the homes, our families that need interim rentals. And that's kind of what started the process for us to a lot of hosts, was to be able to accommodate people that were in between, that were selling and needed to find a place. So a lot of the families that stay are actually people that I know very well and are clients of ours and we're helping out people of the community while they're transitioning into homes and different areas. But a lot of them are local people in that sense. So, and I have a lot of direct contact with them. So I know exactly who's staying there. I also, she threw a comment out. As far as who comes to the house, we can screen who's there. We have their records, driver's license, all that. I think personally it's better than long-term runners. You don't know, you know, as a landlord, you're not required to do background checks or go deep dive like Airbnb does. Airbnb monitors social media too if somebody is commenting about parties or anything like that. They track that as well. We also control the vehicles coming in where long-term renters cannot. So we're controlling the parking issue much more, and we're only allowing two cars which we can accommodate. And we have no problem to making it a requirement that guests always park in the driveway and garage and whatnot too, like putting that on our listing. That wouldn't be an issue for us because that's what we're expecting them to do. Okay. Do we have any more questions of the applicant? No. You say that you're limiting to two cars, yet you've got a maximum of eight guests, and it's kind of a weird part in the law that says, okay, you've got two bedrooms, so you can have four, but then it already has it built in that you can have basically double that in this scenario. It is a tight neighborhood, both width-wise as well as it seems like the community as well, but why wouldn't you at least just go ahead and say, well, we're only going to do four people? with eight people, if you are going to allow that, then how are you going to monitor whether or not people bring extra cars? I mean, we could. It's just we're following the zoning. They said two per bedroom plus four, so we were just following what was recommended by the city. Parking was brought up as part of an issue, but I know there's been some short-term rentals that have no parking at all, no driveway. So I didn't realize that, you know, you'd have to have so many people prorated to cars, I guess. So eight people, two cars, or is it four people, one car? It's a little confusing, but we just followed what the rules stated. I guess what I'm asking is you said that you're going to limit it to two people. How are you going to do that? Two cars. Two cars. Yeah, two cars. How are you going to do that? We would put it on our Airbnb listing, two-car parking only. We actually have a property on Ellesmere Drive as well, so we limit to how many parking passes on Madison Place as well, so we specify two cars only. So you cannot bring more than two cars. I don't think I can enforce it if they wanted to park a block away on a street. I don't think I can do that, but I can keep an eye on with Airbnb. A lot of our neighbors, they will call or reach out and say, hey, there's more than two cars here. There's been people that have parked on lawns as well trying to get away with it, but we usually get right on top and we make a move or we cancel the booking. And I mean, for example, too, like we have five children. There's seven of us in just our household, right? So when we travel, we're in our big SUV. We have one vehicle. There's seven of us. And that's what I'm seeing. I'm seeing a lot of families, like a bigger family that is looking for one place to be in while they visit, you know, the oldest kid at UK or whatnot, not and they're local or families that need to be here because somebody's in the hospital. We have that family with four kids right now, six people. Right, absolutely. We actually have a family staying until June. They sold their house. They're finishing out the school year. They're staying until June 15th. It's six people. And it's one vehicle. Right. That's not uncommon for us at all. Thanks. Thank you. Any further questions? I just wanted to make maybe a comment. I think that eight people in 13, I don't know, what is it, 1326 square foot is quite a bit. I am concerned too about the parking. When I drove up there to look at it, I kind of had to back up a couple of feet to go back and I thought if they need to have any kind of emergency vehicle, garbage truck, anything. My car is medium size is what I would call it. And then I just wanted to say that I appreciate the neighbors' concerns and I'm glad that they're a part of the process. And with all our Airbnbs we stay in touch with our neighbors because again we're not looking to ruin the neighborhood. We're trying to improve and make it better and I would not want to see 10 cars parked anywhere near any of my rentals, but as far as the street, it is a tight street, and I don't even think it's possible to park anywhere on the street or to call the SEC, even if somebody were to try, because they're right about that. It is bad parking on the street, and that's why, you know, it's one of those requirements we put out that just everybody parks in the driveway. Yeah, it's our driveway, and we have a garage that's completely empty and available to park as well. And I'd also like to add to the neighbors that Airbnb monitors the host just as much as the guests. So if you got a bad host, they will ban the property themselves. Quickly. If you send pictures and say, hey, there's 10 cars parked on the street, we can't get out, Airbnb will shut us down. Trash pictures. Yeah. And that was not pertaining to our property. That has nothing to do with us, yes. Those are actually neighbors that must be on there that are dealing with the trash issue because that has nothing to do with us, and it's not our address. Okay. Deal? Any other questions? It seems like to me that common sense says that if you're going to rent it to eight individuals and you say you can only have two cars, common sense just tells me that's not going to work. It just, unless you have two big families, which I guess is also possible, I would question the rationale of that argument. if you're going to rent eight people and they say, well, you can only bring two cars. It just really doesn't make sense to me. I worry about that. So eight people is the max. You know, it can be anywhere from two people to eight. But two cars would be two families. And the way this house is set up, there's actually two common areas. It's a split-level home. There's a basement, main living area, two bedrooms, and there's another loft bedroom. It's quite a, it's like a step kind of home set up to where each floor has its own set up, but again, it could be one car, it could be two cars, it could be two people, it could be eight. Eight is what we followed was the guidelines that were laid out that, you know, two per bedroom plus four. Again, a lot of people do Uber to our Airbnbs as well, so I'm not, you know, we can monitor we could stop them from parking the street again i wouldn't want people parking the street and i know that if a neighbor did complain to airbnb airbnb would stop it before i could so there's actually a hotline for neighbor complaint for airbnb i don't know if you guys have heard about that but the neighbors could call the hotline to complain and report any kind of issues there is a bad host that don't pay attention we're not one of those but sometimes you can't get a a hold of a host, there's a party going on or something, there's a hotline for the neighbors to call for Airbnb. We do take this very seriously. This is not like a hobby of ours, you know, especially with me being in real estate in general. We do take big consideration as far as the neighbors go, the community goes, the guidelines go. You know, it's not something that we play around with for sure. We're taking it very seriously. Thank you. Any further questions or comments? This is more for staff. I was wondering if they knew how many Airbnbs are in this area. I know that you don't have an exact number but it should be three. Sure. So there are two other short term rentals within 1,000 feet of the property that have been issued zoning compliance permits and we added a new calculation into your staff reports this month where we looked at the number of parcels that are within that 1,000-foot buffer, and there are 341 parcels in this vicinity. 336 of those are designated as residential or multifamily by the PVA, so that's about 98.5% of the parcels within the area. Based on that, two short-term rentals that exist accounts for approximately 0.6% of the residential parcels in the vicinity. I apologize. I missed that. We actually own one of those in the vicinity. We have one of those too. With zero compliance issues. Thank you. Anything further? All right. Now I will entertain a motion. I would like to make with regards to PLN BOA 2416 Diamond Design and Construction LLC, I move for disapproval of the request for conditional use permits on the grounds that the subject property is located on a small cul-de-sac that does not provide sufficient on-street parking in the garage and driveway. on the revenue residents do not provide adequate off-street parking that's the short term would have an adverse effect on their surrounding neighborhood due to the limited vehicle vehicular use area thank you do we have a second has offered a second discussion open for vote One thing I would like to correct, if I might, those people who are descending from this, you keep saying it's a private street. I think that's probably incorrect. It's a public street. So you pay for paving and sidewalks? Yes. So you actually own the street? Yes, we own the street. Okay. I'm glad to clear that up then. So just to clarify, the neighborhood association and group of owners probably do own and maintain the street, but then there's still public access for all other users, right? So, you know, the post office can still deliver and including the applicant is also a member. Right. Right. That's fine. We have the opportunity to pay for them and the neighborhood. So yes, it is a private street. Okay, I wanted to be sure that we were clear on that. All righty. Well, we're open for vote. Okay. Well, the motion for disapproval has actually passed. All right. Thank you. You were not approved. Thank you. Thank you. Are you leaving on this one? Okay, and our last one to be heard today is PLN BOA 24-20, and that's Lexington Center Court. The applicant. Thank you. Good afternoon. My name is Evan D. Buckley, Madam Chair, members of the board. I'm here on behalf of Lexington Center Corporation on behalf of this conditional use. It's somewhat different than what we've been hearing so far today. This is about a dynamic use on a new sign that has been approved to be located on the side of the newly refurbished Lexington Center. I hope each of you have had the opportunity to visit. We've recently completed a $300 million plus renovation inside and out. It's obviously a beautiful building, and now we're trying to kind of capstone that with appropriate signage outside. I'm happy to answer any questions. I've reviewed the staff report. We have no issues with the recommendation or the conditions that are included in the staff report, which I think maybe I'll just speak for just a moment and give a little background. with this is kind of a culmination of a rather lengthy cooperative process with planning staff and members of lfucg we started first by going and seeking to amend the ordinance to permit the sign the ordinance now permits a sign we're not here to ask for a sign or for electronic message display on that sign that is already permitted of this size that the use of the sign is outlined in the ordinance to be on during specific times and certain brightness, you know, all those issues have kind of already been addressed, I would submit. We're here today to ask for dynamic content, which is basically scrolling animations, video that would normally not be seen on a sign in Lexington right now, at least. But this will be a new opportunity for a real exciting place downtown to stand out and kind of welcome guests of the city. So any questions I'm happy to answer, I believe we have some folks in the audience as well that will certainly answer any questions they have. Okay. Do we have any questions for the applicant at this time? Well, forgive my ignorance, but I would like for you to define dynamic content. Sure. No, I'd be happy to. And actually, the ordinance itself defines dynamic content. So I'll just turn to the ordinance, which is in my stack of papers here, so excuse me. but dynamic content is video. I'm sorry, I'm having trouble finding the actual language. On the top of page two of the staff report, if the board wants to follow along. So dynamic content is moving or changing imagery, such as video animations and special effects. So it's generally what you would imagine being on a moving video board of sorts that includes content that is not still, that is not just a freeze frame of letters and pictures. So this differs from video display content, which is also something that's addressed in the ordinance, which we would need to go to the city council to obtain a special permit to display. And that is more feature length, more live action. So think sporting events, that we would shut down the street. ordinance requires shutting down the street for those type of events that would really kind of be attention grabbing you're there to watch the the board normal dynamic content is intended to be interspersed with normal you know signed content static content throughout the day during appropriate hours of course and so so i hope that answers your question but i'm happy to I have a question for you. Page two of your project description, the last bullet point, the last sentence is, video display method only will be utilized on occasion in conjunction with a special events permit and will only occur at times when this portion of the street, meaning West Vine, correct? That's correct. Is closed to motorist. I have never seen West Vine closed to motorist. Well, you know, I think it would be a special event, that's for sure. It would be, it would necessarily be similar to a parade or other large city event where traffic's involved, you know, numerous city officials are involved in shutting down a street. You know, in reality, I don't know how often that will be taken advantage of. Obviously, it will involve a lot of planning and a lot of people involved, But the intention is that if it's a large-scale, live-action, real-time event, that that be kind of a separate, more in-depth event than what we're talking about. That seems to be an extremely limiting factor, wouldn't you say? Well, and again, we're talking about the video display method, which is kind of the longer length video. Right. would require a special event permit and associated shutting down the street. In dynamic content, just the dynamic content, which is separate from video display method, would be permitted without shutting down the street, would be permitted just on the day-to-day basis, just like any other sign that you'd see. And Louisville has, of course, a couple of these at the new gaming center. They have quite a bit, maybe twice the size, that includes moving imagery. So basically, going back a bit, the ZOTA we first applied for and worked with commission staff to achieve, the main crux of that was including a sign of this size, which the previous ordinance did not permit an additional sign like this, and to obtain new features on the sign. Generally speaking, signs in Lexington are not permitted to have dynamic content or video image display. video method display capabilities. Working with staff, working with members of LFECG and the council and sorts, we've come to the conclusion that this sign is appropriate in terms of size and lighting. And it's already approved as part of the ordinance. And now we're here seeking just that dynamic content piece, which is really kind of an extra capability of this very unique sign that is going to be housed right there the triangle park kind of thoroughfare any other questions right now that i can answer and kick it up i think we're fine we'll give the public comment opportunities for comment oh i'm sorry maybe you give a better example bob's starting to twitch on me over here sure yeah i'm thinking july 4th instead of just yeah yeah okay so the video part the live picture is a separate deal altogether what are you talking about dynamic and i'm not trying to you know pin in a corner no i i agree and it's a little bit we kind of work through the amount of length of time the image has to stay static before it can change to a different image i think it's eight seconds in the correct yeah and i know mr bailey worked on the zoda that we dealt with for the main event up there at High and, is that what's called? No. Which everyone's there at High and Lex Live. Lex Live. And I know that they did a lot of work on how long the signs can stay up, what's the best practices to not distract drivers and etc. And my understanding, Bob, is that the same analysis went into this maybe? There are really kind of three steps. So there's the electronic message display, which is what Lex Live asked for as well for theaters downtown. And that's what the video boards do currently, really. They show a message for a period of time, and it holds for our preferences eight seconds, because then it shows that message as people are driving by, and it's not changing constantly. What the LCC is asking for is for it to change, but only at this one fixed location on their sign, and it's one-way traffic right here. But it would change more frequently. It would have transitions like you might see in a PowerPoint presentation. So something might scroll across. You might see a short video clip of something that's coming to Rep Arena, either a musical or an act, a concert, perhaps some other form of entertainment that they would be hosting at this site or at the Opera House. Then the next phase would be a full length or live, basically live television. And the live television, if they want to show a basketball game, you know, that's happening, maybe UK is playing for the national championship and everyone wants to come downtown and watch it, then they would have to apply for a special permit, close the street, and then you would show a full television quality live activity. So there's kind of three phases there. It's not just animated. It can still be. That's right. It can still be kind of video content. But I think what, and just to follow up on Ms. Wade's commentary, and what Mr. Gross had to say, kind of the length is really, I think, kind of the differentiating factor here, being that as you're driving by, the longer, you know, if there's a full-length movie on the screen or something, then the intention is that that would require shutting down the street. But these kind of shorter clips, but, you know, they're video content and that they'll be moving. And, you know, we've kind of talked thoroughly with LCC, Traffic Engineering, our folks. Safety is a paramount concern, of course. And we've looked at other cities, and I will say that this has been a long, long process. And we don't believe that the intended use with dynamic content presents any safety concerns. for motorists or pedestrians and i think that that's been echoed by planning staff in connection with our zota process and appearing here before you today that we feel that this is a safe use of the sign but a truly it will be an exciting more exciting sign than is around generally this is a the heart of the city i would say and we're really kind of a unique applicant and and i I would ask that you take that into consideration. Thank you. The other thing that I think is important is, as a conditional use, the board gets to say, this is the location for the sign. So if they in the future want to move the sign to another location, say it faces Broadway, where now we have two-way traffic and the traffic tends to be a little more complicated, The board could say, no, on Broadway, there's just too much going on, too much other activity, whereas this is a one-way street, slower traffic, because people are maneuvering the curve, and that makes it a more appropriate location. So it's site-specific? It is site-specific, yes. They have a site plan. Yes, sir. The reason Vine's never been closed down, and this technology didn't exist last time UK won a chance. That's a fact. And, you know, I will say that the existing signage, which is on the building now, as everybody's familiar with, has been there for some time. And we think that this is really an upgrade. And we hope we're able to pursue it. Thank you. Thank you. Good afternoon. My name is William Rafter and I'm the president of the Bynes Center Condominiums which is the 38 condominiums on top of the Hilton Hotel downtown that overlooks Triangle Park and Rupp Arena and so we're in opposition to the sign first of all they already have a sign. You know Lexington center now central bank center has a fine a sign that is more than sufficient to let folks know you know what's going on at Rupp Arena. The other thing is is I've been living you know down in the condominiums that I own for 27 years so I've been downtown for 27 years and I've seen it all happen. I watch Rupp Arena you know being rebuilt and what we you know discovered is the majority of people that come downtown Lexington have already looked up on the Internet. They know what's going on a Rupp Arena or what's going on at Central Bank Center now so a sign isn't necessary because the purpose of the sign is to tell people what's going on and the majority of people that come downtown already know what's going on the purchase tickets to go to the basketball games or concert or the opera house or whatever event is going on. So a big sign is totally unnecessary to tell people what's going on because people already know and in most cases people are not going to drive downtown and fight the traffic and parking for no particular reason. They've already you know, bought their tickets and they're going down there for a purpose. So a new sign is completely unnecessary. And as you can see up on the screen there is they already have a sign right there at the corner of Broadway and and Vine Street. And it displays, you know, all the events that are going on at Rupp Arena in the complex at this time. So and the other thing the sign that's proposed is approximately you know 800 square feet and it's going to be huge and it's going to flash and it's it's going to ruin the quiet enjoyment of our condos because it's going to flash right in our windows. In fact, my bedroom is, you know, right catty corner to where the sign's proposed, and it's going to flash into my window at night, and I'm not going to be able to go to sleep. So the sign is completely unnecessary. If somebody wants to know what's going on at Roperina or Opera House or the complex, they simply can go up on the internet and find out and buy the tickets as well. So there's a sign already in place and one of our associates, Mr. Duffy, you know, submitted to the Board of Adjustment his objection to it and for all the reasons it goes into great detail. And so that's all I had and what I'd like to do is pass over to my associate, Kelly Sweet, and let her address the health and safety issues. Thank you. Hi, I'm Kelly Shweed and I've lived there for 14 years and I just want to let everybody know that not all of the condo owners received a letter stating about this meeting. So I spoke to several neighbors and they had not even heard of this. It says it will generally promote a vibrant and welcoming experience for Lexington residents and visitors. From my view of Triangle Park and the square and Rupp Arena, I see a quaint downtown and restoration that has made Lexington a destination. This signage will be chaining the complexion of a beautiful part of our city. And the residents and businesses along Vine Street and Broadway will be able to see this sign at all times. I don't know if Tony's restaurant was notified of this, but it's a direct view to this sign. And the 500 condos on Main Street, they are the condos that are across the street from Rupp Arena, the red brick buildings. There was a condo listed there for a million dollars recently, and it has a direct view of this sign. I'm a past realtor, and I have no doubt that this will bring property values down surrounding this, including mine. Let's see. Hold on one second. I have a 40-page study about the distraction from digital billboards prepared by the California State Department of Transportation from 2020, and it states that persuasive overall conclusion that digital advertising has adverse effects on driving performance and driving attention. The presence of digital billboards distracted eye movements from the road ahead and delayed responses to the road signs. Now they're saying that this is not a very high traffic area on Vine Street one way. Well I have a bird's eye view to tell you that that's different. I see traffic all day long there. Last night it was ridiculously long because there was a Drake concert, something at the convention center something that comic-con and then something at the opera house so the traffic there is quite busy and i in my opinion it's to the date most dangerous intersections in downtown lexington at main street and broadway and vine street and broadway across them every day when i'm coming from to go across broadway from main street i continually have to look back hold out my hand like this because people, drivers are turning. They don't see me. Back in 2012, some of you may know that there was a pedestrian that was killed on that intersection when a fire truck hit her. And the fireman stated that the Christmas tree was lit up, it was raining, there were distractions. And when you come around that curve, dang it. Anyway, they say that you can't see, that they won't be able to see when there's no leaves on the trees in Triangle Park. That sign is visible from every road and every walkway. Thank you for pedestrians. Do we have any more public comment? Thank you. Would the applicant like to address? Thank you. I won't take up too much time, but just to touch on certain of those points that were made. Just as a quick reminder, Lexington Center Corporation is a nonprofit entity. It's appointed by the mayor and community leaders. We're invested in this community, and we take community involvement very seriously. Throughout this process, we have sought and obtained community feedback from members of your building, actually. I'm not sure if you're speaking on behalf of the full, if you've taken a vote. I guess I will say that there's definitely certain people that may not enjoy this sign, but at the same time, we have put in multiple limitations. For instance, it's not going to be on all night. It's not permitted to be on all night. The brightness is limited by ordinance. It can't go over a certain number of nits. In addition to that, I think it's important to remember that what we're doing here is not trying to make this into Vegas, so to speak. This is really a limited use experience that you can only get right here in downtown at this Triangle Park location. The foliage of Triangle Park creates a nice buffer chunk of the year from the sign. And again, if I could just go back to what I said at the beginning, we're really not here to ask for the sign. The sign is permitted. We're here to talk about dynamic content, which I think is an extremely important part of the sign, and we hope we can have your support with that. But the sign itself, in terms of its ability to go up, is not really before you at this point. But in any event, certainly if there's any additional questions that I haven't answered, I think the necessity of the sign, just to speak of that briefly, you know, what's there is just, it's not up to snuff for the new Convention Center. I think we need new signage, and it's really bringing it into modern times, what we've proposed here today. And is the old sign being removed? So it is intended, I think the plan, the law still permits the sign, but I think that those are nearing the end of their useful life. That's my understanding that we're kind of intending to phase those out, but I don't to speak to say explicitly that those will be removed in coordination with the putting up the new sign but those are and nearing the end of their useful life they look like the old video games basically yeah well just really quickly please please come up to the podium if you're going to ask a question thank you thank you the ordinance was passed without knowledge we had no the people the the residents that live around there had no knowledge about this ordinance and it was passed. Shouldn't we have been notified about the ordinance and been able to speak about it and propose it at that time? I mean, we had no knowledge until we got this letter a couple weeks ago. Sure, and I'm happy to address that or however we want to handle it. But through the Zota process, there is a, you know, we followed it to a T, of course, We're sending out all the required notices. We appeared before the Urban County Council on multiple occasions at public meetings and public council meetings. And we have tried proactively to reach out to neighbors. Mr. Brian Seif, the general manager of Lexington Center Corporation, is with me here today. And he spearheaded those efforts. And if there's some question there, we can certainly delve into that. But I would say that we have made every effort to be a responsible member of the community here and go through every process available to us and really part of the normal process to get to this point, I would say. Okay, thank you. I was going to say, you know, unfortunately, I have to travel for work, and I see lots of these signs around the country. And the existing sign we have on Ruff Arena is pitiful. I mean, it looks like analog. I mean, might as well be analog. So I understand the neighbors' concerns, but I think that this is, I think this will be a benefit for that area in the community. Downtown, when you're trying to attract people to the events and have the screen, I'm in favor of this. So I'm prepared to make a motion for approval once, unless there are any more questions. Any more questions of the applicant? Yeah, I've got a last question. On page three, it says staff recommends approval, so the sign will not be on after 11 p.m. on weekdays and midnight on the weekends. It's consistent with the ordinance the sign is only on between 7 I believe 7 a.m. and 11 p.m. weekdays and 7 and midnight on weekends unless there's an active event at Rupp Arena so if a concert were to go to 11 15 on a Tuesday then the sign could still be illuminated and what would actually assist probably with with exiting the facility but yes those hours of operation are standard and built in to the ordinance. So there's no need for an additional recommendation built in within the conditional use with respect to those hours that's built into the ordinance. Staff question. Who regulates the sign if it's on after permitted hours? Sure. Generally that would be triggered. Someone could call and complain about the the hours and then our zoning enforcement arm with the division of building inspection would research that probably communicate with LCC just to ensure that it is turned off at the right times and and if ultimately they operate outside of the window of time they could be fined or come back to the board for I guess additional review thank you Thank you. Thank you. All right, I'm ready to make a motion. I move to approve PLM BOA 24-20 Lexington Center Corps. Request for a conditional use permit for a sign with dynamic content within the defined infill and redevelopment area in a Lexington Center business B2B zone on property at 43, I mean 430 West Vine Street. based upon the staff's report plus the testimony we heard today and subject to the conditions set forth in the report. Thank you. Do I have a second? Second. Thank you, Mr. Clark. No further discussion? We'll open for vote. That's good. The motion's passed. Good luck with the project. Thank you. Do we have any other items from the board? Any other items from staff? No? Okay. Well, our next meeting will be April the 8th on the day of the eclipse. Is that what it is? It is. School is out. No curses. The light will be out. It will be dark all day. So what happens on the eclipse? And we bring flashlights. We get lamps. And just for the record, I think we have a record number of cases on that particular day as well. We have a record number of cases. I think it's like. That's where the rumor is. No, I was already sick. I told Autumn I'm sick, so there's not going to be a forum. And then the next month we'll have 50 cases. I'm sorry. No, no, we will all be well, and we will be present on April the 8th at 1.30 right here in the same location. We're doing good? Meeting adjourned. Thank you. Yesterday's gone. All I want is to see you smile If it takes just a little while Hi, I'm Liz Sheehan, Council Member for the 5th District, and we're here in the Lexington City.