ON THURSDAY, JANUARY 10, 2008, THE VERSAILLES-MIDWAY-WOODFORD COUNTY PLANNING AND ZONING COMMISSION HELD THEIR SCHEDULED MEETING IN THE 2^ND FLOOR COURTROOM OF THE WOODFORD COUNTY COURTHOUSE AT 6:30 P.M.

OATH OF OFFICE: Mr. Butler administered the Oath of Office to re-appointed member Carl Ellis, with his acceptance.

MEMBERS PRESENT: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

ELECTION OF OFFICERS: A motion was made by Mr. Blankenship, as seconded by Mr. McClees, to nominate Carl Ellis as Chairman for 2008. The motion carried with seven (7) aye votes, with there being no more nominations. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Chad Wells, J.D. Wolf.

A motion was made by Mr. McClees to nominate Robert Blankenship as Vice Chairman for 2008. The motion carried with seven (7) aye votes with there being no more nominations. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Chad Wells, J.D. Wolf.

A motion as made by Mr. Blankenship, as seconded by Mr. Evans, to nominate Jim Hume for Secretary for 2008. The motion carried with seven (7) aye votes, with there being no more nominations. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Chad Wells, J.D. Wolf.

MINUTES: A motion was made by Mr. Blankenship, as seconded by Mr. Wolf, to approve the December 13, 2007 minutes, as submitted. The motion carried with seven (7) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Chad Wells, J.D. Wolf.

ANNOUNCEMENTS: Chairman Ellis announced that Troop 14 and Troop 1784 of the Boy Scouts are present to observe the meeting. The groups are working on their Citizenship and Community Badges. Chairman Ellis welcomed the Scouts and their leaders to the meeting.

Chairman Ellis stated that Item #5 for Wooldridge Gardens, Phase III, Section 3 has been postponed at the developers request.

Consolidation and Minor Amended Plat – Aachen Estates – 134 & 138 Aachen Way – Rural Residential.

Mrs. Wilson stated that a zone change and the Final plat were approved previously. When they asked for this approval they included 4% in open space, which is on the north side of Lot 14. At that time the Planning Commission granted a waiver because the open space did not meet the road frontage requirement. At that time, it was her comment that Rural Residential does not really need open space because they have to change 80% of the land to Rural Residential/Residual Farmland. The owner had good intentions and tried to do it anyway. Now they have a buyer for Lot #14 who would like to purchase that open space area and make it part of their yard. They will not be able to build on it because there is 150’ building line that encumbers that. It would just become a part of their yard. If the waiver is granted for the open space, the plat will consolidate that and it will become one lot. The purpose of the plat is to remove the open space and consolidate the two together.

(Mr. Parrott arrived at the meeting at this time.)

Mr. Evans questioned if they are building a house on Lot 14? Mrs. Wilson stated that they are, but it will have to be shifted to the south side of that lot because the north half will be non-buildable.

Mr. Butler stated that he agrees that with 80% residual farmland, the 4% open space requirement probably should not apply, but Mrs. Wilson said it was not exempted out. He suggested that the Planning Commission have a hearing to amend the Zoning Ordinance to take that out, so that it will not apply to Rural Residential.

Mr. Blankenship questioned if they will be setting a precedent by allowing the waiver? Mr. Butler stated that they will, but the justification should be only for Rural Residential not the other zoning districts. It just needs to be exempted out of Rural Residential.

Mr. Boggs questioned if only one home can be built, if this waiver is allowed? Mrs. Wilson stated that is correct. In a Rural Residential cluster you cannot build a structure within 150’ of a property owner other than the original applicant. That front field is a different property owner.

A motion was made by Mr. Wolf, as seconded by Mr. Boggs, to approve the Consolidation and Minor Amended Plat for Aachen Estates – 134 & 138 Aachen Way – Rural Residential and to grant the waiver for the 4% open space since the property is surrounded by Rural Residential/Residual farmland. The motion carried with eight (8) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

1^st Amended Final Development Plan – Midway Fuel Properties LLC – US 421, Leestown Road – Midway – R-1B & B-5 Districts.

Mr. Blankenship stated that he has a conflict of interest on this one. While he is not working for the current owner of the property, his company is working for the former owner cleaning the site up. He did not feel comfortable participating in the discussion or the vote on this matter. Mr. Blankenship removed himself from the hearing.

Mrs. Wilson stated that the Planning Commission looked at this property about a year ago. It had been zoned residential for many years, but historically used for commercial purposes. At that time they did not know what the future plans and layout of the property was going to be. Mr. Thompson has filed a final development plan only for the east side of the property where the current Citgo Station is located. They are proposing to tear down the small A-Frame office building and build a more rectangular building. They will add organized designated parking spaces so customers will know where to park. It was reviewed by the TRC and all the deficiencies have been addressed.

Mr. Boggs questioned if it will remain a service station? Mrs. Wilson stated that it will be only a fueling station.

Mr. McClees questioned if there are any EPA concerns regarding contamination of soils due to the fueling tanks, since it has been there so long. Mrs. Wilson stated that the soil issues are only on the west side of the property next to Winter Street where the Midway Auto Shop has been. If there were a problem it would be between the owner and the EPA, not the Planning Commission.

A motion was made by Mr. Wells, as seconded by Mr. Wolf, that the 1^st Amended Final Development Plan – Midway Fuel Properties LLC – US 421, Leestown Road – Midway – R-1B & B-5 Districts be approved. The motion carried with eight (8) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

Final Development Plan – Mortonsville Wings of Refuge Community Church – 1030 & 1060 Delaneys Ferry Rd. – R-2 & R-1B District.

Mrs. Wilson stated that there was a fire that burned the church down, which had been there for many years. At this point they are ready to reconstruct the church. The Zoning Ordinance requires that the Planning Commission approve development plans for churches. They will have their parking on the left side and they will have very little additional pavement from what was already there. The TRC reviewed this and all the deficiencies have been addressed.

A motion was made by Mr. Wolf, as seconded by Mr. McClees, to approve the Final Development Plan – Mortonsville Wings of Refuge Community Church – 1030 & 1060 Delaneys Ferry Rd – R-2 & R-1B Districts. The motion carried with eight (8) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

3^rd Amended Final Development Plan – Prism Holdings – 479 Lexington Rd. – B-4 & I-1 Districts.

Mrs. Wilson stated that this property is where the Rainbow Station was located. The owners would like to re-develop the property now. They are proposing a 10,000 square foot building with associated parking and a drive-thru facility. The wide open curb cut that has been there for years will now be changed to have two specific access points with landscaping between them. They have submitted their encroachment permit application to the State. Mrs. Wilson stated that she has been communicating with Kelly Baker, who is the permitting engineer. He said that they are thrilled to have two managed entrances at this location. The next step will be for them to submit a bond and the encroachment permits will be issued. All the other TRC deficiencies have been addressed.

Mr. McClees questioned if we have the encroachment permit? Mrs. Wilson stated that we do not have it in hand yet, but a grading permit will not be issued until we have it.

Mr. Wolf questioned if this is the Rainbow property? Mrs. Wilson stated that it is and the one next door was a zone change that Mr. Wagoner presented. This is a kind of continuation of that. They are carrying forward with the same type of fencing and landscaping theme and signage theme all the way up to the corner.

Mr. McClees questioned if they will be allowed to do site work without the encroachment permit? Mrs. Wilson stated that they will not. They will not be able to obtain a grading permit until that is in hand.

Mr. Butler stated that any motion made should include that it is subject to getting the final encroachment permit.

Mr. Jihad Hallany spoke on behalf of the project. He submitted a rendering of the site and the layout they are proposing. Mr. Hallany stated that the purpose of the amendment is that basically a few months ago there was a zone change that came to the board and was approved and they want this to be a continuation of that project by using the same monumentation and signs, the same fence and landscaping. Also they want to limit the access into the property so that it will be more controlled. There will be an immediate entrance from Lexington Road that will be a right in and right out only. There will be a sign indicating no left turn. The west entrance will be controlled and have signage as well. They are trying to make the traffic flow better. They have also been working with Mrs. Wilson on this regarding the corridor and this section of the by-pass. There will be some landscaping and trees put in to make it more appealing and more pleasant.

Mrs. Wilson stated that the Highway Dept. typically does not allow trees in the right of way within 30’ of the edge of pavement; however, she has been talking with them and asked if they would re-evaluate that. They are going to have their agronomist look into that, so there may be additional street trees added on to the Lexington Street side, which would start that streetscape going into downtown Versailles, which is one of the things the community hoped for.

Mr. Blankenship questioned what type of traffic control device would be installed to force traffic at the east entrance to go towards town instead of trying to come across? Mr. Hallany stated that they will have an island in the middle, as well as signage. Mr. Evans stated that they will still try to come across there. Chairman Ellis stated that if there is an island there it would make it difficult to do. Mrs. Wilson stated that is part of their application to the State.

Mr. Hume questioned if it would be better to have a one way in and a one way out? Mr. Blankenship questioned if they have done a traffic study to see if it were an in only if it would be better? Mr. Hallany stated that they have not done a traffic study, but they have discussed this with Kelly Baker and he feels that what they are proposing is a major improvement from what has been there. Mr. Hume questioned if there could be some reconsideration of no right on red at the light, as it once was. Mrs. Wilson stated that is completely up to the State.

Mr. Evans questioned if they approved the one next door where Crossfield Drive is supposed to come across there? Chairman Ellis stated that they did. Mr. Evans questioned why they could not restrict them to using that entrance and take this one out completely? Mr. Blankenship stated that they are different property owners and you cannot force one owner to abide by what is on another landowners property. Mr. Hallany stated that they do not even know when or if that connection will happen. Mr. Blankenship agreed that they cannot hold this up based on what is happening on another property. Mr. Evans felt that is a dangerous situation. Mrs. Wilson stated that it is much improved from what it always has been.

Mr. Boggs questioned if they can make it contingent on showing an island? Mrs. Wilson stated that they are already showing that. Mr. Evans pointed out that is shown on the rendering, but not on the plan that they are looking at. Mrs. Wilson stated that is correct, they should make it contingent on that.

Mr. Hume questioned if they would rather have the island or the one way in and one way out? Mr. Boggs stated that he agrees the one way would be better.

Mr. Jon Gay, owner of the property, stated that he feels the island as they are showing it, is fine. They have been going over this with the Highway Department and they are making a tremendous improvement from what has always been there. It could be possible that they make it a one way in, but he did not want to commit to that when they are still in negotiations with users to locate there. Mr. Hume questioned if they would discuss putting that no right on red back at the intersection? Mr. Gay stated that he would not mind bringing it up, but that is up to the Highway Department and it should not be made a condition on their property. Mr. Hume agreed.

Mr. Evans questioned if there are many wrecks there? Chairman Ellis stated that there were several when Rainbow was there. Mr. Wolf stated that the majority of the wrecks he has known about have been in front of Woodford Feed.

Mrs. Wilson stated that she had one other question regarding the rendering they passed out. At one time there were some dreams about doing some sort of a gateway entrance on the corner. She questioned if they have allowed room for that to still occur? Mr. Gay stated that they have. There is plenty of room to do that. The conversation has been that they would donate that land if there was enough people who wanted to contribute to putting in a fountain and a Welcome to Versailles type signage. Mr. Gay stated that they have every intention of doing that if the interest is there. Mrs. Wilson stated that is not something that has to be shown on the plan, she just wondered if that was a wish that was still being considered.

A motion was made by Mr. Hume, as seconded by Mr. Wolf, to approve the 3^rd Amended Final Development Plan – Prism Holdings – 479 Lexington Rd. – B-4 & I-1 Districts, contingent on the island and specifying right in and right out as presented on the development plan and that the permit from the State be obtained. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

Minor Amended Plat – Rose Ridge, Unit 2A (right of way only) R-1B District.

Mrs. Wilson stated that this is a final plat for Rose Ridge for the right of way only. The street has been built and all the improvements are in place. Mrs. Wilson read a letter into the record from Mr. Smith recommending approval with a bond amount being set at $41,441.00 for the final surface course, sidewalks and cleanup and contingencies.

A motion was made by Mr. Wolf, as seconded by Mr. Evans, to approve the Minor Amended Plat – Rose Ridge, Unit 2A (right of way only) R-1B District, with the bond amount being set at $41,441.00. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

FINANCIAL REPORT AND BILLS

The report was accepted administratively.

MONTHLY BUDGET REPORT

The report was accepted administratively.

REPORT TO COMMISSION

The report was accepted administratively.

SURETY REPORT

Mrs. Wilson stated that she has a request to release a CD for Adena Woods, Unit 1 for $50,338.00. Thirty three of the thirty four lots have obtained CO’s. This was before you several months ago for a reduction for only the street trees and the Planning Commission did not recommend that. At this time the street trees have been installed so they are now requesting a complete release. Mr. Smith has written a letter making that recommendation.

A motion was made by Mr. Wolf, as seconded by Mr. McClees, to recommend to the Versailles City Council the release of the CD for Adena Woods, Unit 1 in the amount of $50,338.00. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

Mr. Blankenship questioned whatever happened on the ones for Barlow that they recommended to Fiscal Court to be called? Mrs. Wilson stated that she asked Mr. Smith about this before Christmas and at that time they were in discussions with the County Attorney about it. Mrs. Wilson stated that she will make a note to ask about that again.

Mrs. Wilson stated that she has gone through the bond list and checked the percentages on all the neighborhoods to see if there are any that are close to 80% yet and none of them are. Most are about 60% to 65% complete. Mr. Hume questioned if they are still building in them? Mrs. Wilson stated that they are.

COMMUNICATIONS:

1. Request for proposed text amendment from the City of Versailles to allow the use of a hotel or motel in the B-2 District.

Mrs. Wilson stated that there is some speculation that Woodford Inn would like to expand to become a full motel. They are restricted based on their lot size to nine or twelve rooms. They have a desire to have more rooms, but the only way to do that would be to allow them to become a hotel or motel. Historically there was a hotel on main street years ago. You do see them located in downtown areas, especially in larger cities. The owners talked to her and she suggested they go to the City Council, who felt it was worth having a hearing to see if it is appropriate to do that.

Mrs. Wilson stated that she is already doing some research and did not know if the committee would want to meet before having the hearing.

Mr. Hume questioned what zone it is allowed in now? Mrs. Wilson stated that currently you can only have one in a B-4 District. Mr. Hume stated that Lexington created a zone specifically for them and it allowed them to have convention centers, etc. and it would limit them to just those areas.

Mrs. Wilson stated that the B-2 Distinct currently allows on-street parking, which would not be appropriate for this type of situation. Mrs. Wilson stated that the recommendation that she would come up with after further research would probably require one space per unit and then some employee parking. So they could be allowed, but with their own conditions. Mr. Hume stated that was the exact reason that Lexington created their own zone so that they could have specific criteria.

Chairman Ellis stated that they need to direct Mrs. Wilson to do the research and come up with some language for the hearing. Mr. Butler stated that he would also suggest piggybacking the Rural Residential open space amendment with that too.

Mr. Blankenship questioned if the committee should meet before they put it on the agenda? Mrs. Wilson stated that they can do that and she has already been doing research on it.

2. Wooldridge Gardens request for acceptable materials.

Mrs. Wilson stated back in 1999 there was a large community effort visioning how we wanted our community to look and grow. There were very extensive workshops and a lot of money spent by the legislative bodies in this effort. From that the Comprehensive Plan was amended to include a document called Preserving Town and Country. That put into gear the opportunity to write some new regulations called the New Urban Code. That was never adopted in the Zoning Ordinance in it’s entirety. A code is a combination of Subdivision Regulations and Zoning Ordinances. Subdivision Regulations are under the Planning Commission’s jurisdiction and can be changed. Zoning Ordinances are legislative and require their action. It was the Planning Commission’s wish to adopt this as recommended by the Task Force. What happened was we ended up with two Subdivision Regulations, one being for traditional development and one being for new urban development. The zoning component never was adopted. It is very enticing for developers to use the new urban code, which the Task Force hoped it would be. It is optional and several developers have chosen to use it in its entirety.

The most recent development to use the New Urban Code is the Wooldridge Gardens neighborhood. At the zone change hearing they said that they would follow the new urban code and that was made a part of the motion. Where there was some discrepancy is that it was thought that they implied they would not be using any vinyl siding in this new neighborhood. They would like to use vinyl and the code actually says it is allowed. Mrs. Wilson stated that the reason she asked them to come and talk to the Planning Commission is that she did not want the building to start and people be upset that vinyl siding was being used. There was no condition on the development regarding vinyl siding. There is a certain thickness of vinyl that has to be used. They have addressed ceiling heights and how the vinyl has to go on. Those were some tweaks that the Planning Commission made to the Code after receiving the recommendation from the Task Force. With the code it only applies to what is visible from the street, so a higher grade of vinyl would be required on what you could see and another grade could go on the rear of the structure. Mrs. Wilson stated that they want to explain to the Planning Commission what they want to do and that they will comply with the code.

Mr. Dennis Anderson stated that he owns a company called Anderson Communities. They were not involved with the zone change for Wooldridge Gardens. Mr. Anderson stated that he has never purchased a lot from another developer and has always done his own. The owners approached him and asked him what he thought and he felt it was a great plan and he purchased it from them, subject to him being able to build the product that he builds. Mr. Anderson passed out photographs of homes he has built from two different developments. He stated that they do 9’ ceilings, smooth finishes, a craftsman type window, and a azach trim board that they use around the corners. He stated that he has some questions regarding if they are using the correct columns, etc. Mrs. Wilson stated that those are things that would be looked at by the staff.

Chairman Ellis stated that Mrs. Wilson stated that it was implied that they were not going to use vinyl. He questioned if they actually stated in the minutes that they were not going to use vinyl? Mrs. Wilson stated that she could not find that in the minutes, but it was implied.

Mr. Anderson presented a mock up of the materials that they use on the homes. They prefer doing all the walls the same. Mr. Anderson brought other examples of vinyl that a lot of builders use, and then presented what type he uses. The pictures that were handed out are actual homes built with that product.

Mr. Wolf questioned if the Planning Commission put restrictions on what they can use? Mrs. Wilson stated that they did. The New Urban Code, as presented by the Task Force did not allow vinyl. In researching the minutes the Planning Commission decided to allow vinyl with a minimum grade of 0.42. They are proposing 0.45. The color on the vinyl is suppose to be the same on both sides and mounting blocks are to be used to give the vinyl a more complete look. They are complying with the addendum that the Planning Commission adopted and a lot of people do not remember that. Since they did imply that they were not using vinyl, she wanted to make sure the Planning Commission understood.

Mr. Butler stated that for future reference, if something is implied at a hearing and you want them to do that, you have to include it as a condition in the motion.

Mr. Hume questioned if there is a percentage of wall area they have to comply with? Mrs. Wilson stated that there are architectural standards in the code and that was going to be some Mr. Andersons questions regarding columns and windows, etc. They will have to follow the code on those. Mr. Hume stated that there is no limit as to whether it has to be 50% brick or stone? Mrs. Wilson stated that will be in their deed restrictions. Mr. Anderson stated that he does his homes either all brick or all vinyl and does not like what is called lick and stick brick. He felt that looks cheap.

Mr. Parrott questioned how the vinyl that he is proposing drains? Mr. Anderson explained in detail how he does that and how his installers came up with the idea. It took them four tries to meet his satisfaction.

Mr. Wolf questioned how many lots he is considering buying? Mr. Anderson stated that he has agreed to take all of them. He stated that if he does a development, he wants to do all of it.

Chairman Ellis questioned the reason for not considering hardy plank? Mr. Anderson stated that he does not like to work with it because of all the dust and it has to be painted every eight years. It is also more expensive. He went to a show and saw this new product and likes working with it.

Mr. Butler stated that if the Planning Commission wanted to revisit not allowing vinyl they would actually have to go back and rezone their property. The condition was to meet the new urban code.

Mr. Blankenship questioned if he developed the properties behind Meadowthorpe? Mr. Anderson stated that he did and those are vinyl and at 20’ you cannot tell that it is not wood or hardy board. Mr. Anderson stated that his company prides themselves in building communities, not houses. He does not want to do cheap and fast.

Chairman Ellis stated that their directive would be follow the New Urban Code and use what you are suppose to.

Mr. McClees questioned if he plans on doing all vinyl or some brick? Mr. Anderson stated that they will offer brick if someone wants it. But on each house, it would be all brick or all vinyl, not a mixture. Mr. Anderson stated that he does not like the front of a house brick and the back vinyl. Mr. Anderson stated in his neighborhoods you will see brick homes, stone homes, and vinyl homes. It will depend on what someone wants. What you will not see is a mixture of materials on one house. This market is an unmet market and they feel it is needed. There will be Home Owners Association and they will hire someone to do all the lawn care and landscaping, snow removal, etc. It is like a detached condominium community.

Mrs. Wilson stated that the EDA are working to get a contract on the Midway Station Property. Mrs. Wilson stated she has been asked if a special meeting is held in Midway, what dates would suite the Planning Commission. The dates are February 7^th or February 21^st or March 6^th or March 20^th.

Mr. Boggs stated that none of the Planning Commission are doing this for money and he did not think they should have a special meeting in Midway, unless their expenses are paid. Chairman Ellis stated that he tried to get Midway to pay for the rental, but we got them to pay half. They also pay part of the budget.

The Planning Commission decided that they would be available for the February 21^st or the March 20^th dates.

Mrs. Wilson stated that this time last year the meeting time was changed from 7:00 p.m. to 6:30p.m. They talked about 6:00 p.m. and a couple of the builders who were on the Planning Commission at that time did not want to come earlier than 6:30. We said that we would revisit the meeting time again this year. Mrs. Wilson questioned if they would like to change the meeting time to 6:00 or leave it at 6:30? Mr. Wells indicated that he would prefer the meeting not be any earlier than 6:30 p.m. The other members did not mind changing the meeting time, but were agreeable that if 6:30 p.m. was best for Mr. Wells, they would just leave it the way it is and revisit it next year.

Mr. Butler stated that the other thing they could do is if they know the meeting is going to be long they could schedule it for 6:00. Chairman Ellis stated that they could make the special meetings 6:00 p.m.

A motion was made by Mr. Hume, as seconded by Mr. McClees, to adjourn the meeting at 7:50 p.m. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

_______________________________________

Carl Ellis, Chairman

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