Joint City-County Planning Commission Of Barren County, Kentucky. December 7, 2009

Transcription

1 Joint City-County Planning Commission Of Barren County, Kentucky The Joint City-County Planning Commission of Barren County, Kentucky met in a Special Called Meeting on Monday, at 7:00 PM in the Glasgow City Building. The following Commission Members were present: Neil Allen Eddie Atnip Brad Bailey Lewis Bauer Rondal Brooks Freddie Button Tommy Gumm Roscoe Ramey Sarah Smila Janis Turner Bobby White Joel Wilson Forrest Wise I. GENERAL BUSINESS: A motion was made by Roscoe Ramey and seconded by Janis Turner to approve the 10/19/09 meeting minutes. Motion unanimously carried. II. PUBLIC HEARING: G Zone Change Application OP (Office and Professional) District to R-4 (Medium Density Multi-Family Residential) District Central Kentucky Developers, LLC, Applicant/Owner Property located at the intersection of Glenview Drive and Scottie Drive /- Total Acres Glasgow Preliminary Development Plan dated 11/18/09 and prepared by American Engineers, Inc. A public hearing was conducted. Chairman Gumm read KRS Findings necessary for proposed map amendment. 1. Before any map amendment is granted, the Planning Commission or Legislative Body or Fiscal Court must find that the map amendment is in agreement with the adopted Comprehensive Plan or in the absence of such a finding that one or more of the following apply and such findings shall be recorded in the minutes and records of the Planning Commission or the Legislative Body or the Fiscal Court. a. That the existing zoning classification given to the property is inappropriate and that the proposed zoning classification is appropriate.

2 Page Two b. That there have been major changes of economic, physical, or social nature within the area involved which were not anticipated in the adopted Comprehensive Plan and which have substantially altered the basic character of such area. Gumm: At this time we will start the hearing. Kevin, I would like to swear you in please. Would you state your name and your position? Kevin Myatt: Kevin Myatt, Planning Director. Gumm: Kevin, do you solemnly swear or affirm to tell the truth and nothing but the truth. Gumm: Kevin, to the best of your knowledge, ah, have the proper mailings and postings of signage been made for this zone change here? Myatt: Yes sir. Adjacent property owners were notified by certified registered mail. Two parcels on here were ah, two signs were posted on this parcel of ground, excuse me, and a notice was sent into the newspaper fourteen days prior to the meeting date and it was posted on our website prior to the meeting date as well. Gumm: OK. Go ahead with your opening comments please. Myatt: I ll go ahead and just mention the Staff Report attachments. Exhibit A is the General Vicinity Map, B is the current zoning map, Exhibit C is Future Land Use Projections Map as adopted by the 2009 Comprehensive Plan, D is a Property Photos taken on 11/20/09, E is an Aerial DOQQ Map of the neighborhood, F is the Zone Change Application as filed by the Applicant, G is the Minutes of the previous Public Hearing that was held for this parcel of ground that was held on November 21, 2005, H is the Zone Change Ordinances, I is the proposed plat as presented by the Applicant, Exhibit J is proposed Preliminary Plan presented by the Applicant, and Exhibit K are exhibits from the previous Zone Change hearing on November 21, Gumm: For the record, would you state what the property was zoned before the 11/21/05 hearing? Myatt: Yes sir. The property was currently R-1 which is a Low Density Residential zoning classification. The Applicants are requesting to go from an OP (Office and Professional) which is our most restrictive commercial zoning use to an R-4 (Multiple Family Medium Density Residential) zoning. The R-1 zoning classification allows for five units to the net acre of five dwelling units. The R-4 zoning allows, ah, up to twenty units per the net acre. As you can tell it s a more dense or intense zoning classification for residential development.

3 Page Three Mr. Myatt presented the Staff Report to the Planning Commission. Myatt: That is all I currently have under the Staff Report unless there are any questions of me at this present time. Gumm: Any questions by Commission Members for Kevin? If not, at this time I would like to ask anyone here to speak behalf of the proposed zone change. Richardson: Mr. Chairman, I m Bobby Richardson. I m here tonight representing Central Kentucky Developers, LLC. Gumm: Bob, would you mind moving behind the microphone? Thank you. Richardson: That will be fine, Mr. Chairman. Thank you. I will have some questions that I want to ask Administrator Myatt just to clear some things up. But, what I d like to say to the Commission is that, ah, Central Kentucky Developers four (4) years ago asked this Commission to change the zoning of the, of a larger parcel of ground, part of which this 6+ acres is a part of from R-1 to OP. At that time, ah, it was anticipated that there would be substantial development in that area for, ah, doctor s offices especially and ah, ah, adjacent facilities to our medical community. Since the time that that zoning has taken place, there has been a substantial change in the economy and the social makeup in our county. As a result of what we have, of the, ah, economy, we have lost jobs. We have people who are losing their homes. We have people who would have developed but because of the economy, not just in this little specific area but in the whole City of Glasgow and the whole County of Barren, these changes of an economic and social change have taken place so that there has been no development in the area that we are talking about. In addition to this specific parcel of real estate at the corner of Scottie Drive and Glenview Drive, the hospital purchased the property of Dr. Robert McKinley, the zoning of which was changed to an OP substantially increasing the amount of undeveloped real estate in this area available for OP development which has not been developed either for the very reasons that I have spoken to you about the economic changes that we are seeing. The City of Glasgow, especially the County of Barren and the Glasgow Independent School District all have lost, ah, substantial amount of income based on these changes in our economy. Ah, what is proposed here, which you will be, ah, enlightened on in a few moments by Mr. Elmore, who represents the developer, is approximately 48 units of housing for elderly, and I hate to use that word elderly but he does. I hate to use it in connection with the age that he talks about because that is over 55 and that gets all of us except Janis, Sarah, and Wanda (laugh). But at least there will be 48 units and according to Mr. Elmore, he manages, he and his company manages about 3,000 of these units in Kentucky and 98% of them are one (1) person households even though they have a substantial amount of, of two (2) bedroom units. Ah, the, these are not subsidized housing, not at all but the income limits are about $21, per household, if I remember my facts correctly. What we will be able to do, if, in the City, if the court, if the Commission approves this zoning change based upon the general changes in our community of an economic and social nature is that we will be able to put a substantial amount of property on the tax roll for the City, the

4 Page Four County, and the Glasgow Independent School District. We, my clients are agreeable to the continuation, don t have any problem with the Binding Elements that you have requested and been imposed in this previous zone change, ah, to limit access to, ah, frankly they are willing to limit the access to this particular parcel, to one street cut or curb cut and, of course, none on Scottie Drive. An R-4 zoning allows, ah, ah, mobile home parks which, ah, we want to make clear from the commencement that there will be a restriction on the conveyance and as well a binding element with you folks that there will be no manufactured homes of any kind allowed, available, legal on this lot, ah, on this parcel. Ah, I ll present Mr. Tutt who represents the developers of the real estate or owners of the real estate, Mr. Elmore who represents the developers. I d like to ask Mr. Myatt just a few questions to focus some things that we have here. Richardson: Mr. Myatt, if I remember correctly this property plus the Dr. McKinley property are both zoned OP. Myatt: That s correct. Richardson: And since this zoning has taken place in 2005, November I believe it was, a little over 4 years ago, has any of the McKinley property or this property or any of that area been developed in the, into OP? Myatt: No sir. Richardson: Ah, there, there is a substantial amount of real estate in the McKinley property available for OP isn t there? Myatt: Yes sir. Richardson: Now, ah, let s talk about the, the properties that, that we are talking about adjacent to this. Ah, I believe you, in your report you have to the East, that s R-1 or Low Density. Myatt: That s correct. Richardson: Now is that the, is that the development where we have the small lots and the houses are on small, real small lots or do you call that the South? Myatt: That is the Southeast of that, yes that is what you are talking about. They do have smaller lots which the R-1 does permit. Richardson: Alright. So, ah, if you were looking at this, your Staff Report where you have, on the front page where you have this chart... Myatt: Yes. Richardson: Where you have the subject property in the middle of the property...

5 Page Five Myatt: Yes sir. Richardson: Scottie Drive would be to the right of that? Myatt: That s correct. Richardson: And Glenview Drive would be just to the top of that property, right? Myatt: That s correct. Richardson: So, across the street on Scottie Drive, you ve got duplexes... Myatt: That is correct. Richardson: And if that, all of that frontage, ah, for a substantial distance from Scottie, ah, Glenview Drive down Scottie Drive developed into duplexes? Myatt: Yes, for a portion of Scottie Drive there are duplexes located there. Richardson: And then, ah, to the South or what you ve got to the South there, that is the development that has ah, ah, these small lots, they re really high density housing, ah, very small lots. Is that correct? Myatt: That is correct. Richardson: Then to, further to the South of that is Highland Ridge? Myatt: Yes, assisted living facility. Richardson: Alright. And then we show here to the West or to this property and that would be the McKinley property that is the OP property. Is that correct? Myatt: That is correct. Richardson: And, ah, you ve also, ah, told us now, I think that other than your, your lack of knowledge about roadway capacity, for all the other requirements of the zoning ordinance this property would, ah, meet the requirements of all our, ah, Planning and Zoning laws if it were changed. Myatt: If it were changed and it was in compliance with the adopted Comprehensive Plan then... Richardson: Let s just forget the Comprehensive Plan, ah, for the minute. Otherwise it has all of the requirements and necessities for development as R-4. Myatt: Yes sir.

6 Page Six Richardson: Now, ah, is, do you deem R-4 a reasonable transition zone, ah, between OP and R-1 and R-2 and 3? Myatt: Well it is more intense in nature from a residential standpoint as obviously stated in the Staff Report. It would be in conjunction with an OP zoning with the OP being as restrictive in a commercial zoning as we do have. Both are intense in nature as there are several lots for several uses or entities or buildings or structures that can be located on one (1) parcel of ground. Richardson: That s all the questions I have for Mr. Myatt. Gumm: You want to call someone or? Richardson: I d like to call another witness. Gumm: Yes sir. Richardson: When you give me permission. Gumm: That s fine. Richardson: I ll call Mr. Elmore. Richardson: Is it better if I stand close to him where it picks up on the microphone? Gumm: Yes, yes it is. Gumm: Mr. Elmore, Mr. Elmore please state your full name and who you are representing and your address please. Anthony Elmore: My name is Anthony Elmore, I m with Wabuck Development Company out of Leitchfield, KY. Gumm: OK. Keep your hand up. Do you solemnly swear or affirm to tell the truth and nothing but the truth? Elmore: I do. Gumm: OK, you may proceed. Richardson: Mr. Elmore, ah, ah, your company proposes to do what on this 6, 6+ acres of land for which the zoning change is requested? Elmore: What we are proposing to do is to construct 48 2-bedroom units and those would be set aside for, and I apologize for this term if it offends you, but it is for elderly, elderly units which are 55 and older. Ah, this would be independent living, this is, there is no assistance provided to the tenants. These are single story units. I believe most of you have a plat in front of you and there is an elevation on there, that is what we are proposing. Ah, it will be single-story; it would

7 Page Seven be completely accessible, meeting all the Federal guidelines, ADA, and Federal, Fair Housing. These, these units would have restrictions on the rent. The reason of that is what we are going to apply for in January 20 th, 2010 would be sources totaling $6.7 million dollars. Of that $2.2 million would come from a home fund. That is a Federal Grant and $4.2 million of that would come from a Federal Tax Credit program and that would leave only a mortgage of $100, on a $6.7 million project. In doing that, what we are allowed, what we are able to do is keep the rent very low so for units that going to 949 SF, the rents would be $ and the project would pay the utilities. For elderly tenants, especially now with, with the rising health cost, ah, we see a lot of elderly tenants that they are making their choice whether they pay the rent or they buy their prescriptions. Ah, this is going to help them substantially. Ah, they don t have to worry about rising energy costs that s the project is going to pay it whether it s, whether gas or electric is low or it is high. And, ah, it s also, it s a great opportunity for, for the elderly tenants to maybe get out of homes that they have a lot of maintenance, they have a lot of issues with navigating stairs, mowing the yard and our company takes care of all that with the Maintenance Department. Richardson: Mr. Elmore one of the reasons you selected this site is because of it s proximity to the Doctor s and Hospitals to those people, the Hospital? Elmore: That s correct. The site, it s ideal. When we come into an area we look at how far tenants are going to have to drive to go to doctors, to go to the grocery, to have the best impact on their life. Richardson: I know that one of these, ah, graphs or maps are before everybody but I want to introduce one for the record. Would you tell the commission what this document is? Elmore: This would be the, ah, the re-zoning exhibit that was prepared by American Engineers which...ok. Richardson: Does that depict the area that you are going to, ah, purchase and build this project on? Elmore: Yes, the 6.26 acres within the green area. Richardson: Are you agreeable to a curb cut, just one entrance to this property? Elmore: Yes we are. Richardson: You understand that there will be a Binding Element of no entrance on Scottie Drive? Elmore: We understand that.

8 Page Eight Richardson: You also understand that the Binding Element requires you to transfer property for the widening or improvement of Glenview Drive if the City, State, or County desires it? Elmore: That s fine. Richardson: And will there be any manufactured, you have any problem with the restriction of no manufactured homes? Elmore: No, everything we would, what we would build would be stick frame, slab on grade. Richardson: Is, at the upper right hand corner looks to be an elevation or depiction of the house, the building you will be constructing. Is that an accurate depiction of what will be constructed there? Elmore: Yes, that would be, ah, that is what we are proposing. Richardson: How many units are in that one building? Elmore: In the building that is shown in the picture, that is four units. This development would have a proposal of a maximum of eight units in one building, ah, with, with, each unit would have a porch; each unit would have a patio. Richardson: Alright. Ah, I move to introduce this copy of that in the records, Mr. Chairman, as Applicant s Exhibit 1. Mr. Elmore, I, ah, to make this clear, I understand that the, the cost of this land and construction would be about $6.7 million Elmore: Yes, that s correct. Richardson: of assessments that would go on the tax rolls, is that correct? Elmore: Yes. Richardson: That s all I have for Mr. Elmore. Gumm: Just a minute, Mr. Elmore. Do any of the Commission Members have a question? Eddie. Eddie Atnip: Mr. Elmore, how many parking spots would you have? We ve got 48 units as I understand. Elmore: Whatever the Planning Commission requires, ah, that varies from City to State. Atnip: Well I understand you have these in other localities. Elmore: Yes.

9 Page Nine Atnip: What s the average? Just pull a number, I m not... Elmore: Average, we do what we are asked to do, ah, but, which is typically 2 2 ½ spaces but what we found in taking polls on our elderly projects that they only average about ¾ of a car per unit. Atnip: Thank you. Sarah Smila: All the units will be one story? Elmore: All the units will be one story. Gumm: Sarah, need to turn your mike on. I want to remind everyone to turn your mikes on when asking a question. Smila: I thought everyone could hear my loud mouth without one. All the units will be one story, that s the plan? Elmore: Yes. Smila: Will there be any restrictions that the occupants of these units could not conduct any kind of business there like babysit or, or... Elmore: No, if it is not permitted in the zoning then, we, it wouldn t be permitted in the development. Smila: Your picture here shows sidewalks, you know. Would all, would these, would all the units have sidewalks? Elmore: If you look in the, if you look in the green area and the layout that we are proposing, there would be sidewalks, it s a Federal law to meet the American Disability Act. To have sidewalks from the parking spaces, they would have to be accessible leading to the units, there would be no steps on the entire development and everything would be grade level. Ah, Kentucky Housing Corporation, they also have something called Universal Design which, which makes sure that we design units that are able to be retrofitted for people if they were to come, if they were to get a disability where they had to maneuver around the project or in the unit with a wheelchair, that the units are large enough and there is no steps in the units. Gumm: Any other questions? I have a question. Bobby would mind stepping back up because I want to make sure I m asking this to the right entity here but, I think I ve heard you cover two of the Binding Elements and these Binding Elements only come into effect if there is an approval of this zone change, but I believe I heard an answer to Item # 2 which has to do with ah, ah, the right of way and then I also heard, ah, in regard to the number of entrances but I d like to get, ah, a commitment to # 1 and # 4.

10 Page Ten Richardson: Well # 1, of course, before you d approve it, they would have to convey the property. Gumm: That s correct. Richardson: Sure, that s, that, that is our intention. Number 4, I assume that was really a part of # 2 but we are certainly willing to do whatever is necessary in order to handle the traffic and Mr. Tutt will discuss a little bit about the traffic. If, if we need to construct something there, they are certainly willing to do that. Gumm: OK. Richardson: Mr. Tutt says yes. Gumm: That s affirmative on # 4 then. OK, thank you. Smila: Is there a frontage road, there is one entrance off Glenview, correct? Richardson: There will be one, there is no entrances at all now, Ms. Smila... Smila: I know that. Richardson:...there will be one into this project and then it will be configured like this yellow thing shows here. You see that one entrance there and then it goes around over the property. See where it says OP to R-4? Smila: Yeah, yeah, I see that. Richardson: It s a little hard to see but that s the way the layout will be. I don t suppose anybody is married to that layout but that s what they ve got projected. Gumm: Any further questions? OK. Richardson: Mr. Tutt. Gumm: Please state your name, your title, and address please. Richard Tutt: My name is Richard Tutt. I m Vice-President with American Engineers. I live in Cave City, KY. Gumm: Richard, raise your right hand, please. Do you solemnly swear or affirm to tell the truth and nothing but the truth? Tutt: I do. Gumm: Please proceed.

11 Page Eleven Richardson: Mr. Tutt, you re a representative agent of Central Kentucky Developments. Tutt: I am. Richardson: Mr. Quinn, your employer, is one of the owners of this, one of the members of the LLC? Tutt: That s correct. Richardson: Now, ah, the intention of Central Kentucky Developers, if this zoning change is made, is to convey the property to Wabuck, is it Wabuck, the Wabuck Company? Tutt: It is. Richardson: Ah, are, in the four years that this zoning has been changed from R-1 to OP, has there been any interest in developing this property and purchasing this property for OP purposes? Tutt: None that I am aware of. There was some marketing done to try to generate some interest in developing some medical office, ah, buildings and complexes there back in, shortly after the rezone to OP. Nothing ever came... Gumm: Just one second, let us check our tape here. OK? Proceed. Richardson: Mr. Tutt you recognize the Binding Elements that were imposed on this property as a result of the previous zone change? Tutt: I do. Richardson: And your company still recognizes that those will follow the land? Tutt: Yes. Specifically the number of entrances and the agreement to donate whatever needed right-of-way may be necessary if there is an improvement to Glenview. Richardson: Even at one point if there is some kind of turning lanes or something required here that you have been doing as a result of this development, you would be willing to do that? Tutt: That is correct. Richardson: Now, ah, one of the things that American Engineers does that you are involved in, as I understand, is the design and construction of roads and highways? Tutt: That is correct. Richardson: Have you done any traffic study specifically on this property?

12 Page Twelve Tutt: There has not been, to my knowledge, any specific traffic study on Glenview for this development. Richardson: You are familiar with the property? Tutt: I am. Richardson: Based upon your knowledge and experience with traffic control and ability of roads to handle traffic, do you believe that the existing road would handle the traffic here without an undue hardship on anyone. Tutt: Based on my knowledge of Glenview from traveling it and my understanding of traffic engineering and my understanding of how the operations at this facility will be in terms of staggered use compared to the neighborhood and the schools, I don t foresee with this particular development causing an undue challenges to the traffic on Glenview. Richardson: That s all I have for Mr. Tutt. Gumm: Do any Commission Members have any questions of Mr. Tutt? Smila: I do. Have you traveled much on Glenview Drive at, during the school hours, when school is letting out at Scottie Drive and have you been on that, Glenview Drive a few times along there? Tutt: Yes. I mean I have been on that occasionally because I pick up three children at the High School, Middle School, and the Elementary School. So I am aware of it, I don t travel specifically down that road all the time but I do know that, as with any street in the vicinity of a school area, at certain times of the day it s going to be fairly congested, I understand that. Gumm: Thank you Mr. Tutt. Tutt: Thank you. Richardson: Could we have just a second? Tutt: Sure. Richardson: Mr. Tutt has one other thing he would like to tell the commission. Gumm: OK. Tutt: One other item that is on the map, on the exhibit that you have, maybe a little bit illegible, of course the parking spaces are on there, it s just a little hard to read. But they are numbered if there is still a question about that. The other thing is that, ah, there is a provision in the development can and will utilize a detention for storm water purposes. Ah, I can tell you that

13 Page Thirteen the, the basin that is behind the Highland Ridge Assisted Living Center was designed for all this property in a developed condition, even this corner piece. But if there is a need for this particular six (6) acres to be handled to limit downstream impacts into the subdivision there, the developer is willing to do that and, ah, so I just wanted to point that out. I know typically there is a question about detention and how it might affect property downstream. Myatt: I one comment when it comes to the parking. Ah, the Glasgow ordinance and parking schedule does require two spaces per dwelling unit and I think the gentleman has stressed that there is going to be a proposed 48 units on this parcel of ground which will require 96 parking spaces. And I just want them to know up front that is what the minimum is required for this. Gumm: Thank you. Richardson: That is all the witnesses we have to offer, Mr. Chairman. Gumm: Is there anyone else that would like to speak on behalf of this proposed zone change? Gumm: If not, at this time is there anyone who would like to speak against the proposed zone change? Gumm: Do you mind coming up to the, and I will have to ask you and swear you in so would you please tell... Virginia Wood: I don t swear but I will affirm. Gumm: Affirm, I put that in there so would you state your name and where you live? Wood: My name is Virginia Wood and I live at 50 Farm View, Cave City, KY. Gumm: OK. Wood: And I have a home at 1265 Glenview Drive. Gumm: OK. You solemnly affirm to tell the truth and nothing but the truth? Wood: I affirm that. Gumm: Yes ma am. Wood: I was just concerned how this would affect the property that I own there. I, the house that I own is on an acre of ground. That s all. Gumm: OK. Thank you. Gumm: Any other questions by any Commission Members before I close the Public Hearing? Eddie.

14 Page Fourteen Atnip: I ll ask the question and whomever wants to respond to it, ah, are you willing to put the condition of 55 and only will live here and I m not talking about children or anything like that. I would hate to see this be approved for elderly living and turn out that a R-4 is put in there and elderly are not living there and it becomes a, I won t call it a public nuisance, but it s a bad place to have something happen like that. Are you willing to put a covenant that it will be for elderly, that will be fine please? Gumm: Please state your name again so we will know who is speaking. Elmore: It s Anthony Elmore with Wabuck Development. We, when we submit an application to Kentucky Housing Corporation, we have to, we make an identification of what this project is going to be used for and we also, ah, enter into a 30 year restrictive use agreement with Kentucky Housing Corporation after a 15 year compliance period. So we are saying for 45 years this is going to be used for the purpose of affordable housing, we re identifying as elderly housing, 55 and older. Atnip: We would need that restriction on the plat. Richardson: I don t see a problem with the notation. Elmore: That will be fine. Atnip: The reason I am saying that, we are looking at changing the zoning, you are looking at selling it, and you are looking at buying it and I want all of it to mesh together if it happens. That would be my concern. Richardson: I think that s a good point, I think it is. Atnip: Thank you. Smila: I have a question, are these rental units or ownership units? Rental, I understand they are rental. Elmore: They are rental and our management company, Homeland, Inc. out of Leitchfield, KY will manage the units. Smila: So you control, while I really resent 55 being elderly, but (laugh) I m not by myself in here, there is a lot of us here (laugh), but on these applications, you absolutely do confirm that they are at least 55. You don t, you know, you go through the red tape that s required to see that this is... Elmore: There is a lot of paper work that we have to comply with, ah, we re gonna have people that will buy these tax credits, they have to make sure we comply with everything that we have

15 Page Fifteen agreed to and so yes, they have to meet the income restrictions which for one person is $21, and they have to be 55 and older. Smila: But it is not subsidized housing? Elmore: No it is not subsidized. The only, the rent is reduced because we re getting the Federal Grant and Federal dollars. There is no mortgage so we are able to keep the rents low and that s Congress program so they can, ah, provides them to private developers to keep, provide nice affordable housing. Smila: Subsidized by tax payers but not by the occupants. OK. Gumm: Anthony just stay. Bobby White: I ve got a question that is probably addressed to you. I don t think we got an adequate answer about the sidewalks or I may be a little bit confused about that. Ah, I understood that you said sidewalks would be from the parking spaces into the units, is that right? Elmore: The sidewalks would be around the interior of the development, ah, I don t, there is not any sidewalks presently on Glenview Drive, I m not sure where they would go if you put them there but there will be sidewalks inside the development for all the tenants to navigate around. White: OK. That s what I was a little unclear on. Thank you. Smila: But there won t be a sidewalk in front of each, each, ah, unit, I mean you walk out the sidewalk, obviously, probably to the street or whatever but would there be a sidewalk, could there be sidewalks around each unit, whether it is a 8 unit, 4 unit, or Elmore: There will be sidewalks leading from each unit, from the door of each unit out to the parking lot. There will be a sidewalk all along the parking lot so a tenant can come outside their unit, they can go anywhere within the development they want to go. There is also going to be a small community building that will be just used for the purpose of the tenants, not open to the outside public, but they would be able to go there and we will also have some park benches and things like that for the enjoyment of the tenants. Every bit of that will be accessible by sidewalks, that s part of the ADA requirements accessibility codes. Freddie Button: Mr. Elmore, I have a question about disability. What if somebody you say is 65 and somebody is 40 and has been declared to disability, are they going to be qualified to this property? Elmore: In the past on projects that we have done, a disability would qualify, ah, I m not 100% sure on that but if this Commission wants this to be 55 only then we will agree to that,..unless that gets into some type Federal law, I m not sure about that.

16 Page Sixteen Forrest Wise: Just a point of clarification, when you said that Homeland would be managing this property, will Wabuck be the owner of the property? Elmore: No, it gets a little convoluted. There is a lot, there is some limited partners. There will be investors who will buy these tax credits, ah, they will actually be the owner but Wabuck Developments President, Gary Watkins, which happens to be my father-in-law, he ll be the General Manager for the entire term of the agreement. And he ll have the right to manage the property as he sees fit. And we, there is, there is no, I can t say there is no way that we could ever sell but it is virtually impossible. We have about 150 projects we, there is so much paperwork and very difficult, we re in this for the long haul. Wise: So basically, people will be buying these units to take the tax advantage... Elmore: Yes. Wise:..through Wabuck and then Homeland will manage the property? Elmore: Yes, our management company will manage. Wabuck Development will develop the project, Clayton Watkins Construction is the company we have that will construct the project and then Homeland will manage. Smila: But each unit is owned by the occupant, correct? Elmore: No, it is 100% rental. Smila: Yeah, I think you said that. Lewis Bauer: Mr. Elmore, I think I understood you to say that each unit has two bedrooms? Elmore: Yes. Bauer: Is there any restriction on the number of people that may live in each unit? Elmore: Homeland does, they do not allow anyone to move in the unit which is not covered on the rent policy and for all the elderly units that we have, we manage a little over 3,000 units and the elderly are probably 40 60% of those. 98% of our units only have one occupant. Bauer: But there is not a restriction on the number that may live in the unit? Elmore: There is a restriction up to, I believe, ah, four people but it s... Bauer: Do they all have to be 55 or older or may these be grandchildren or possibly children? Elmore: They, technically they could have grandchildren there. We, we re not seeing that in our developments.

17 Page Seventeen Bauer: And a question for Kevin, please. Bauer: Kevin, are there any developments within the City of this nature now? Myatt: There are, there is one development that I am aware of that is similar to this, ah, proposed use that the applicants are requesting. Ah, and what we have seen out of there is sometimes there are individuals that maybe meet the requirement that s placed on that apartment complex and we have found that their families, some of their families have lived with them at a certain time for a certain amount of time, ah, and that was one of the things that I wanted to reaffirm with Mr. Elmore here that the 55 in years and older is for those individuals like you stated. Is there any mechanism that s within in their contract that states that family members can live with them for a certain amount of time or can they live with them however long as they rent this parcel of ground? Is there any mechanism in there that, that relates to that? Elmore: All the tenants that live there have to be on the Renters Policy so if a, if someone lives there that was 55 and older, if they were married to, say someone that was, that was 40 they could, they could live there. Bauer: So when they rent they have to state who is going to live there? Is that what I am hearing and if they want to change who lives there they have to make a change to their policy? Elmore: Well, it would have to be agreed, it would have to be agreed upon with the management company. Homeland is very selective of the tenants that they will use, it s not as much of an issue with elderly developments but they don t accept anybody with felonies. They do background checks and, ah, that doesn t, that doesn t come into play really on the elderly projects but they are very selective on their tenants. Smila: Are there any, in each one of these complexes, is there like a manager or someone that lives in one of the units that sort of oversees it or is it just at random somebody from your company comes in and checks to see that no has chopped down a tree or knocked down a do you have someone that sorta, a live-in manager or? Elmore: There, there is, it varies; some projects do have someone that lives in the development that actually works there. We re, it just depends who applies for the job and who would get it. Some projects we have, we do set aside a unit just for a manager. We are not doing that in this development. Smila: You re not doing that in this one? Would you do it if it was a requirement? Elmore: It, ah, due to, due to the tax, it gets into the, into the dollars that go into this, I don t believe that we could set aside that one single unit for someone just as a manager. Smila: Well, how often does someone from your company, you know, check and go over and...

18 Page Eighteen Elmore: A development this size, there would be somebody there full time. They would have office hours, ah, we would have an on-site maintenance person that would maintain the project. Smila: I thought that s just what I asked and you said they wouldn t. Elmore: They would not live there... Smila: Live there, OK, now I m with you. Elmore: But they would Smila: You speak so softly I can t hear you. Elmore: I was at the UK game the other day so I m a little hoarse. Rondal Brooks: Mr. Elmore, I m concerned about the drawing in front of me on your parking spaces primarily for the two units on the southeast side. Looking at the parking spaces available there close to them, I see some of those folks walking all the way up to Grandview or Glenview Drive to get a parking place and I don t believe that would appropriate for those two units. Elmore: If I could just take a look at that. Myatt: Mr. Brooks are you talking about the structures that are located adjacent to Woodhaven Subdivision or are you talking about the structures adjacent to Glenview Drive? Brooks: I m talking about the ones that are on the Southeast corner of this plat that we are looking at. You ve got three buildings there on the East side down on the Southern end and you ve only got two very small parking areas on that side and knowing human nature as I do, ah, those people are going to have to park up there next to Glenview Drive in that separate parking lot because all the rest of them will be full. Elmore: In our experience in our elderly developments, we, we only average ¾ of a space per unit, ¾; I m sorry, ¾ of a car per unit so we do a lot of traffic counts when we go before planning commissions and discuss parking with the commissions. We feel like there is adequate parking area in this, in this development. Brooks: But we are talking about elderly folks here primarily and some of them probably won t have the ability to walk from that Northern most parking lot back to that Southern most building. That s the point I m trying to make. You know, when you start dealing with people in their later years, they have, most of the have a disability when it comes to walking an extended distance. Elmore: Right. Brooks: And looking at this proposed project here, I see a big discrepancy there in parking for the three units there on the East side.

19 Page Nineteen Richardson: May we come over and look at that just to make sure we re seeing what you are talking about? We re having trouble Brooks: You ve got three units lined up right here, right? And you ve got these two parking areas but by the time this building and this building parks at, this guy back here is going to be walking to this parking lot up here because all these others are going to be taken up by the buildings around them. Richardson: There are several parking places right there, if I could. Elmore: This is eight units and that is 19 units so, spaces, it s a little over two spaces per dwelling. Brooks: OK. There will be eight units in these two buildings? Elmore: There will be four and four. Each one of these blocks represents four units. Brooks: So then you are talking about, ah, sixteen units instead of eight and you ve got nineteen parking places. Elmore: This block here Brooks: is four. Elmore: will be four so it would be four, four and four. Brooks: OK. OK. Janis Turner: I have a question. If I understood correctly, your rent was running about $ a month... Elmore: $ Turner: $ Ah, is that, do they normally sign a six month lease or a year lease in your, in your other units? Elmore: That s more a question for the management, I m not exactly sure what the lease requirement is but it s at least a minimum of six months. It s an extended, extended length lease. Turner: In the past, have you seen whether there is a lot of turnover in these units or Elmore: Not in the we re, right now we re rehabilitating some of the units that we constructed 15 to 20 years ago and a lot of those units, we go in and they have the original tenants. There is going to be some turnover, people move. It is less likely in elderly developments, they seem to like the development once they get there. We ve, ah, we ve got, I m not sure if any of you are

20 Page Twenty familiar with Renaissance Village in Bowling Green, KY which right across from Graves- Gilbert, it s on Third and Chestnut, that s a 24 unit development that we, that we did. Ah, in Bowling Green on 13 th and Kentucky where the Church of Christ used to be, real close to campus, we have a 32, 32 unit development Renaissance Village. We, we feel like we develop a nice product. Smila: Are there restrictions on pets? Elmore: There are but, ah, most, sometimes the tenants can find a doctor will sign anything and if the doctor signs something that the, that the tenant needs a pet for a companion for their mental stability, then there is not a lot the management company can do. Smila: But you do require that, you require a medical statement? Elmore: Yeah, we require a letter. Pets are not allowed but they do find their way in against the management company s wishes but it does happen. Gumm: Any additional questions of Mr. Elmore while we have him at the microphone? Apparently not, thank you. One last chance before I close the hearing, any additional questions? Atnip: I m sorry I did not ask this while you were standing back up at the mike. Do you have some other locations that are for seniors, 55 plus? Elmore: In Glasgow? Atnip: No, anywhere. Elmore: Oh. Yes, we have developments from, from Hopkinsville, we have a lot in Leitchfield, a lot in Elizabethtown, a lot in Bowling Green, we probably have about 400 units. We go all the way out to Cynthiana, Paris, London, Corbin we have about 3,000 units in the state of Kentucky and probably about 40% of those are elderly developments. Atnip: So you don t really have transits coming through very much? That s a question. What s the average length of the lease, the time the leasee would be with you, do they come and go or does someone usually come and stay quite a while. Elmore: I don t have those, those statistics, but what we re finding now that we are going back and we re rehabbing some of the projects we ve had for years, we re finding a lot of the tenants that have been there for up to 15 years and some of them have been there 5 10 and they tend to stick around a while. Atnip: I believe you did say your minimum lease, you think, is at least six months?

21 Page Twenty-One Elmore: I believe it is six months. Atnip: That s fine. Thank you. Gumm: Anything else? Gumm: At this time I m going to close the hearing and the Chair would entertain a motion in regard to this proposed zone change. Atnip: Mr. Chairman, I would move approval of the zone change. Let the record of fact show the existing zone classification given to the property is not appropriate and the proposed zoning is appropriate. Additionally, I would like five (5) Binding Elements, I m not going to read this but it s going to be the five off the recommendation from Staff, which the Applicant agreed to: 1. Pending approval of the proposed zone change application, a minor conveyance lot for the 6.26 acres that is proposed for rezoning in this application must be conveyed and recorded in the Barren County Clerks office prior to finalization of the zone change application approval by the Legislative Body that is the Glasgow City Council. 2. An existing Binding Element for additional Right-of-Way along the entire parcel of ground and including the 6.26 acres, bordering Glenview Drive owned by Central Kentucky Developers, LLC, for the purpose of widening Glenview Drive for future development was given in the November 21 st, 2005 Planning Commission Meeting Minutes on page 5, see Exhibit G. This Binding Element is conveyed to any and all future owners or entities. 3. An existing Binding Element limiting three (3) entrances along Glenview Drive and zero (0) entrances along Scottie Drive including the entire parcel of ground and the 6.26 acres that is proposed to be conveyed, owned by Central Kentucky Developers, LLC, was given in the November 21 st, 2005 Planning Commission Meeting Minutes on page 7, see Exhibit G. This Binding Element is conveyed to any and all future owners or entities. 4. Pending approval of the proposed zone change application, any turning lanes required due to safety and traffic volume concerns in the neighborhood, will be the owner(s) of the entire parcel of ground and the 6.26 acres along Glenview Drive responsibility to construct according to the City of Glasgow Street Design Standards and must be approved by the City of Glasgow Public Works Superintendant. Atnip: Additionally, the fifth one will be all development in the R-4 Zone shall be restricted to seniors 55+ as leasees. Gumm: I have a motion, do I have a second? Bobby White: Second.

22 Page Twenty-Two Gumm: I have a motion and a second. Any further discussion on the motion before we vote? If not, we will do a roll call vote. Gumm: Yes for the motion, no against the motion. A roll call vote was taken with a unanimous Yes vote. Motion unanimously carried. Gumm: We will pass this recommendation on to the City Council for their review. Gumm: I don t believe we have anything else on our agenda. Do I have a motion to adjourn? Roscoe Ramey: I move we adjourn. Gumm: Second? Neil Allen: Second. Gumm: All in favor. Meeting is adjourned. (8:15 PM) JOINT CITY-COUNTY PLANNING COMMISSION OF BARREN COUNTY, KENTUCKY By: Tommy Gumm, Chairman ATTEST: Sarah Smila, Secretary-Treasurer