You're the seventh son of the seventh son Maybe that's why you're such a strange and special woman You can't even seem to love yourself And with a few exceptions Not anybody else You can lead a horse to water But you cannot make him drink You can give a man your whole heart and soul But you cannot make anything You're feeling me with me Instead of a lonely nightmare Hey, hey, hey You could tell him the date of departure Exactly the place and the time He might really want to be there but He misses every time Is he a man or a paper tiger? When you need him will he run or stand beside you? You couldn't live with me Instead of alone and loving You couldn't live with me Instead of alone and loving Hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey, hey You could have been with me You could have been with me You could have been with me You can't believe You can't believe So upset Nervous wreck Can't believe you said goodbye Sitting in the smoke Crying joke about these tears in my eyes How could you do what you've gone and done to me I wouldn't treat a dog the way you treated me But that's what I get I've come to expect it from you A million times A million lines And I bought a member one You don't care You rip and tear Every dream I've counted on I guess that I should thank my unlucky stars That I'm alive and you're the way you are But that's what I get I've come to expect it from you guitar solo I wouldn't treat a dog the way you treated me, but that's what I get, I've come to expect it from you. I could raise hell But what the hell It wouldn't do a bit of good I can't leave My heart agrees It seems to think that I should There won't be no more next time doing me wrong You'll come back this time to find out that I'm gone But that's what you get You should expect that from me That's what I give. I've come to expect it from you. I don't think so, fellas. I made that record once. All right, let's try it. I told the witch doctor I was in love with you. I told the witch doctor I was in love with you. And then the witch doctor, he told me what to do. He said that... Very good, boys. I told the witch doctor you didn't love me true I told the witch doctor you didn't love me nice And then the witch doctor, he gave me this advice He said that Now you've been keeping love from me just like you were a miser And I'll admit I wasn't very smart Very smart So I went out and found myself a guy that's so much wiser And he taught me the way to win your heart Win your heart My friend the witch doctor, he taught me what to say My friend the witch doctor, he taught me what to do I know that you'll be mine when I say this to you Oh baby, foodie, ah-ah, ding-bang, walla-walla, ding-bang Foodie, ah-ah, ding-bang, walla-walla, bang-bang Ooh-ee-ooh-ah-ah, ting-tang, wallah-wallah-ting-tang She packed up her bags And she took off down the road Left me here stranded With the bills she owed She gave me a false address Took off with my American Express Sunspot, baby She sure had me way out of gas Left me here stranded Like a dog out in the yard Charge of a fortune On my credit card She used my address and my name A man that was sure unkind Sunspot, baby She sure had a real good time I looked in my hand I looked in the grill Closes I came was a month old bill I checked the Bahamas and they said she was gone Can't understand why she did me so wrong But she packed up her bags, she took off down the road She said she was going to visit my sister flow She used my address and my name And man, it was sure unkind Sunspot, baby I'm gonna catch up sometime Show at a real good time I looked in my hand I looked in the grill The closest I came was a month old bill I checked the Bahamas And they said she was gone I can't understand why she did me so wrong But she packed up her bags and she took off down the road She left me here stranded with the bill she owed She used my address and my name And put my credit to shame Sunspot, baby Show at a real good time Oh, Sunspot, baby Show at a real good time Yeah, Sunspot, baby I'm gonna catch up sometime Sometime Oh! Yeah. Ooh. Track it down. Ooh. Ooh. Ooh. I'm out. I get out on the redneck side of a narrowing thing Thought of my baby, she comes over and the party begins Yeah, she's a slick pickle, she's right on the muddy I wouldn't give her up for a fine Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to go. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Ladies and gentlemen, I'll call this meeting from my 9th 2013 to order. We have no minutes for approval today, so we'll move on to any postponements or withdrawals at this time. Moving fast here. I'm Dick Murphy on page 7, item E, DP 2013-36, Kingston Hall, Unit 2, East Bridgeford Land and Development Company, amended, representing the applicant. We're requesting a two-week postponement on that. I think the staff said that would be available. Okay, thank you. Anyone in the audience wish to speak in regards to this request for postponement? Seeing none, that would be May the 23rd, I believe. I'll entertain a motion. Mr. Chairman, move postponement of DP 2013-36 Kingston Hall until May 23rd. Do you have a motion and second for postponement of DP 2013-36? Please vote when it comes up on the screen. Motion passes. Thank you. Any other requests for postponements or withdrawals from today's agenda? Mr. Chairman, staff does have one item. If I could direct your attention to page 5, development plans, item A, ZEP 2012-76, Deerfield Shopping Center. the applicant has notified us in writing that they would like to postpone this plan for one month after being until june the 13th anyone in the audience wish to speak to this request for postponement seeing none i'll entertain a motion so moved postpone zp zdp 2012 76 for one month Second. Motion has been made and seconded for postponement until June the 13th of ZDP 2012-76. Please vote when it comes up on the screen. That motion passes. Any other requests for postponements or withdrawals? Seeing, maybe, thinking about it, debating. Yes, ma'am. Hi. I'm here with Continental Properties regarding the Tuscany. Name, please. Gwynn Stifler. Okay, thank you, Ms. Stifler. Regarding the Tuscany Tract A, Platt, and final development plan. Okay. We've had discussions with the city, and I think they're in agreement that we would like to request a two-week postponement. Two-week postponement? Okay. If I'm not mistaken, that would be for Plan 2013-38F on page 4 at the top of the page? Correct. Okay. As well as the development plan. Yes, ma'am. We'll take them one at a time. Anyone in the audience who speaks to this request for postponements? Seeing none, I'll entertain a motion. Mr. Chairman, I move for one two-week postponement of Plan 2013-38F. I don't have a date on that. May 23rd. May 23rd. May 23rd, yes. Do I have a second? Second. The motion's been made and seconded for a two-week postponement until May 23rd of Plan 2013-38F. Please vote when it comes up on the screen. And then also for the development plan. I've got to find it first. We'll get to page 8. Mr. Chairman, I move for a two-week postponement of DP 2013-40 to May 23rd. Motion has been made and seconded for a two-week postponement until May 23rd. Please vote when it comes up on the screen. That motion passes. Thank you. Thank you. Any other requests for postponements or withdrawals? Seeing none, we'll move to the consent agenda. No discussion items, which is on a tan-colored sheet in front of you. Mr. Sally, if you would, I'll ask you to walk us through that. Gladly, Mr. Chairman. Members of the Commission, good afternoon. Most of the remaining items on your agenda do qualify for consideration at this time for approval of your consent agenda. The very first item on your consent agenda appears on page 3. It's Item C on your meeting agenda, Plan 2013-29F. This is an amended final record plat for Wiggins & Company, Inc., Lot A, involving property at 2520 Nicholsville Road. The next item on your meeting agenda is also on the consent agenda, Page 3, Item D, Plan 2013-37F, an amended final plat for Turflin Mall for property located at 2195 Harrodsburg Road. The next item on your consent agenda appears on page 4, item F of your meeting agenda, Plan 2013-39F, an amended final record plat, I should say, for Beldale Edition, Lot 66, formerly known as the Wycliffe Land Company. This involves property at 393 and 395 Bassett Avenue. It is important to note that a finding is required for the Commission to approve this plat, and the staff has supplied you on a blue sheet with the necessary finding for this subdivision plat. There are a number of development plans that have been recommended for conditional approval by your subdivision committee that also appear on the consent agenda. The very first on your consent agenda is on page 6, item C of your meeting agenda, DP 2013-34, an amended final development plan for Beaumont Farm, Unit 1, Section 5, Lot 7 and Lot 2, involving property 1146 and 1152 Monarch Street. The next item on your meeting agenda is Page 7, Item D. It also is on the consent agenda. DP 2013-35, a final development plan for Bluegrass Executive Park, Unit 1C, Section 2, Block D, Lot 1, for property located at 2141 Executive Drive. The next item on your consent agenda is page 7, item F, DP 2013-37, an amended final development plan for the Fears property located at 150 Shoreside Drive. The next item on your meeting agenda is also on the consent agenda. It's on page 8, item G of your meeting agenda, DP2013-38, an amended final development plan for Wiggins and Company, Inc., located at 2520 Nicholasville Road. The next item on your meeting agenda is also on the consent agenda, page 8, item H, DP2013-39, an amended final development plan for the apiary, located at 218 Jefferson Street. It's important to note that the staff has supplied the Commission with a memorandum documenting that this does meet the requirements of the adaptive reuse project requirements in the zoning ordinance. Also, the staff has received the necessary affidavit regarding the posting of the sign for this plan. On page 9, item J of your meeting agenda, we have DP 2013-41, an amended final development plan for the Lexington Mall property, also known as Southland Christian Church. This involves property at 1600 East New Circle Road. The next item on your meeting agenda on the same page, item K, is also on the consent agenda, DP 2013-42, an amended final development plan for Manowar Development, Unit 2A, Section 2, for property at 2073 Bryant Road. Again, the next item on your agenda, page 10, item L, is also on the consent agenda and is very similarly located. DP 2013-43, Manowar Development, Unit 2A, Lots A18 and A19, an amended final development plan located at 1920 Pleasant Ridge Drive. and 1925 Justice Drive. On page 10, item M of your meeting agenda, this plan is on the consent agenda as well, DP 2013-5, an amended final development plan for Manchester development involving property at 922, 926, and 930 Manchester Street. Again, the staff has prepared the required memorandum to the Commission outlining its compliance with the Adaptive Reuse Project section of the Zoning Ordinance and the staff has received the necessary affidavit regarding the signposting on the property for this plan. There are two remaining items on your consent agenda. Page 10, item N, DP 2011-19, an amended final development plan for Hamburg Place Office Park, lot 12A, for property located at Pink Pigeon Parkway and Vendor Way. And the final item is page 11, item P of your meeting agenda, DP 2013-49, a plan for Lexington Medical Arts property located at 2368 Professional Heights Drive. Mr. Chairman, at this time, the Commission can consider approval based on the recommendation of your subdivision committee for all of these plans unless a member of the Planning Commission, a member of the audience, or one of the applicants would ask that they be removed from the consent agenda at this time to allow them to be discussed more fully. Thank you. Thank you, Mr. Salley. Anyone in the audience wish to hear any one of these plans that's on the consent agenda? Any commission member would like to hear any one of these plans? Mike, can we hear Plan 2013-39F? Yes, ma'am. which is, I'm sorry, which? Belldale Edition. Belldale Edition, okay, there it is. I'm sorry. Yes, ma'am. Any others that anyone wish to hear? So if not, I'd like to have a motion for approval of the consent agenda with the exception of Plan 2013-39F, Belldale Edition. Mr. Chairman, I move for approval of the Consent Agenda Deleting Plan 2013-39, Belledale Edition, Block 66. Thank you. Do we have a second? Yes. Motion has been made and seconded for the Consent Agenda, as read with the exception of the Belledale Edition. Please vote when it comes up on the screen. Motion passes. Thank you. our first item that we will hear is at the bottom of page 1 of your agenda it's plan 2005-108P Belmont Farm Unit 5 this is a re-approval and I believe Mr. Martin will come and walk us through this Thank you. for Belmont Farm, the first two being preliminary subdivision plans on page 1 and 2, both are real approvals. And then we do have three other plans on page 4 and 5. Sorry, but the Commission will take those after we do these first two. Stay in the same general area. Thank you. Mr. Chairman. Yes, sir. The first item on your agenda is Plan 2005-108P, Belmont Farm, Unit 5. They're also known as Coventry Development. This is a preliminary subdivision plan that is located out off Georgetown Road, north of Citation, and on the east. It backs up roughly to the Goldstream Farm area. If you haven't seen this plan in quite some time, it was originally approved in 2005. This is the extension of Spur Road after it crosses Georgetown as it runs east in this location. Back here, Commonwealth of Kentucky property and the interstate is in this direction. The plan that you see before you is zoned R3. It is being developed or proposed to be developed in single-family lots. This particular preliminary plan has 175 buildable lots, and as you can see, one green space lot is located on the property. None of the property has been developed at this time, and none of the lots have been recorded, so they need to have their plan re-approved. The second item on your agenda is what you see in this location. It is plan 2005-32P, Belmont Farm Unit 7. Now, if you look at the aerial, what you see that's been built out is primarily Unit 4. Unit 5 is to the east, my right, your left, I believe, looking at the, that would be your right as well, pardon me, towards, again, what would be Coldstream. To the south, down Georgetown Road, is Unit 7 that you see before you. Unit 7, again, is the single-family area that you see is zoned R3, and they are proposing 198 lots. Staff is recommending re-approval of these plans to you subject to the original seven conditions on Unit 7 and the original five conditions on Unit 5. The conditions that were normally considered cleanup conditions on a plan have been met. These plans have been certified. They're just back before you for re-approval and will be recertified. They have met those conditions that we normally refer to as cleanup conditions. We are recommending re-approval subject to modifying two conditions, which are standard sign-off conditions and reflect your current regulations, and that being building inspections, approval of landscape, and urban foresters' approval of tree preservation plan and the required street tree information. These plans were originally recommended for postponement because staff had not received the 30 percent infrastructure report, which is required under your subdivision regulations. We have received that report. It has been distributed to you. The infrastructure report is for informational purposes to the Planning Commission. It does not require any action on your part. But now that staff has received that and distributed it, we are comfortable recommending approval of these two preliminary subdivision plans to you. And I'll be happy to answer any questions you may have. Any questions for Mr. Martin? Seeing none, thank you. Oh, pardon me. Anything? Mr. Chairman, I'm sorry. Presenting these together, I did neglect one thing. Very quickly, Belmont Farm Unit 7 has a waiver associated with it. That, too, has been distributed to you. It was part of the original approval of Belmont Farm Unit 7. It relates to the spacing in the streets. They received a waiver to shorten the spacing between the streets, the justification being that they are building in the neo-traditional style with more compact development. And it was granted by this body when it was originally approved, subject to the conditions you can see on your waiver report. Thank you, Mr. Martin. Any questions? Applicant, anything to add? Thank you, sir. Any questions from the Planning Commission? We'll take each one of these preliminary subdivision plans separately. The first one being Unit 5, which is 2005-108P, with now just five conditions revising language, as you can see. If there's no other questions, I'll entertain a motion. Yeah, Mr. Chairman. Yes, sir. Move re-approval of Plan 2005-108P, Belmont Farm Unit 5. Thank you. Do we have a second? Second. Motion has been made and seconded for re-approval. Please vote when it comes up on the screen. That motion passes now for 2005-321P. Move re-approval of Plan 2005-321P Belmont Farm and noting that re-approval of the waiver also. Thank you. Thank you. The motion has been made and seconded for re-approval 2005-321P. Please vote when it comes up on the screen. That motion passes. And now, if it's your pleasure, we'll move to page 4. At the bottom of the page is Plan 2005-173 Elf Belmont Farm, another re-approval. and we'll let Mr. Martin walk us through this. We do have three plans, which is 4B, 4C, and 4D on pages 4 and 5 that we will take separately. Yes, ma'am. Oops, sorry. Good afternoon. We are going to stay in Belmont where Tom has just been currently with the other two. We're moving to Unit 4, which at the end of Spur Row, as you can see up closer to the edge of the property, we have Spur Row and we have Section 4C, 4D, 4C, 4B, and 4D. On the 4B and the 4C, they have already recorded several lots. Sorry, I can't get that. They've recorded several lots, so that's why they're bringing the plans back to get re-approved so they can record the last part, the last few lots on those sections. And Unit 4D, they have not recorded any lots, so that's why they're asking for re-approval on that section. If you look at the agenda, on page 4, we have Unit 4B. They have the standard conditions from the previous plan. They requested the 30% report, which we've been pointed out was handed to us, so that now allows us to move forward and make that approval. Unit 4C again, which has typical sign-offs, 1 through 6, and then 4D has the typical sign-offs. They're all similar, and they have the 30% report been handed to us. So this current time, it's to ask for reapproval to record the last few logs in each of these sections. Any questions for Cheryl? Mike, I've got one. Yes, sir. the 30% improvement plan, they're agreeing to that, right? They're giving you a letter of agreement to that. Right. So that's fine with you, Mr. Temer. Thank you, sir. Any other questions? Okay. Thank you. Mr. Cayley, anything to add? No? We'll keep you seated. Any questions from the Planning Commission? if anyone in the audience wish to speak on any of these plans seeing none I'll close this part of the hearing open it up for any other discussion and or motions and if you don't mind I'll take them one at a time which would be plan 2005-174F for re-approval Mr. Chairman I'll make a motion for re-approval of Plan 2005-173F with the five noted conditions and noting that we have received the improvement plan. I'm sorry. Will is correct. I jumped ahead. Plan 2005-173F is at the bottom of page 4, and that would be the first one. Okay. Motion has been made and seconded for re-approval. Please vote when it comes up on the screen. Mr. Chairman, I'll make a recommendation of re-approval for Plan 2005-174F with the six noted conditions. Thank you. Motion's been made and seconded for re-approval. Plan 2005-174F, please vote when it comes up on the screen. That motion also passes. And a motion to reapprove Plan 2005-175F with the six noted conditions. Motion's been made and seconded for reapproval. Plan 2005-175F, please vote when it comes up on the screen. That motion passes as well. Thank you. Thank you, Mr. Cayley. Now, going back to the agenda. we'll go to the bottom of page 2 final subdivision plan, plan 2013-17L distillery district. We do have a waiver which should be before you on a white sheet. Yes, sir. Good afternoon, Mr. Chairman, members of the Commission. This is Plan 2013-17F, an amended final development plan for the Distillery District for property located at 1200 Manchester Street. It's located between the Railroad Overpass and South Forbes Road. Okay. The purpose of this is to... I'll stand right here. The Planning Commission postponed this plat on March 14th, March 28th, and April 11th. And the purpose of this final record plat is to subdivide one lot into three lots. Your subdivision committee recommended approval subject to the standard sign-off conditions of our engineer, traffic engineer, billing inspection, addressing office, urban foresters, environmental quality, bike and ped planner, the addition of utility streetlight easements. Condition 9 calls for denote the 20-foot building line along Manchester Street frontage, denote that this property shall be developed in accordance with the approved final development plan, correct the purpose of plat note, correct the site statistics, and provided this commission grants a waiver to Article 4-7 D1, certification of substantial completion, I'll resolve the floodplain configuration adjacent to the CSX railroad and resolve the timing of street improvements related to the TIF. At this time, Mr. Martin will present the waiver to you. Thank you. Any questions so far? Thank you. Mr. Chairman, members of the Commission, as you can see, there is a waiver associated with this subdivision plat. It is a waiver requesting a relief from 4-7D1, which is substantial completion of the public improvements. This will allow, if it is granted, the applicant to record these lots and transfer the property. The issue that is facing this property is significant in terms of the design primarily of the sanitary sewer system. It is governed by a development plan that this body has seen on more than one occasion. It's the distillery district, which is well known now to the community. And there are a large number, pardon me, of historic buildings on the property, the Pepper Distillery, and I'm sure this body is aware. The development plan itself has a lot of restrictions and requirements that govern the property. In this particular situation, I'm not sure. Yeah, this is on. Okay, wonderful. If you can look at the lots here as they front on Manchester Street, and the railroad is across Manchester Street right here, Cormans Railroad, and here is lot number one which is over 700 feet of frontage there's about a thousand fifty feet of frontage here the blue line located that we've tried to outline here for you is the fema flood plain on this property it's extensive throughout this entire development and the regulatory elevation is believed to be about five to seven feet above what is reality however no study has ever been done to alter this floodplain. There has been some discussion about paying for that study through the TIF improvements and those related expenditures associated with the development of this property. And I'm sure, again, as you all are aware, it is a TIF district. The problem with that and with the sewer system is the number of lots and with the elevation change. And the city sewer is over here, and it's at a higher elevation. There's never been sewer, by the way, to some of these buildings. It never had public sewer. They're going to have to build a pump station and their own collection system and then take it across Manchester Street under the railroad and tie into the public system. The reason for postponement was that took considerable discussion between the city and the applicant to determine appropriate design and who was going to own it. The city doesn't want it, frankly. We don't want a pump station and a collection system. with those related to the issues of the regulatory floodplain. So they agreed to build a private system, and that's the key to the waiver. In connection, they're also asking a waiver, again, of substantial completion of any road improvements. We normally request road improvements, obviously, when we get a subdivision plan. However, as I stated before, this is a TIF district, And there's a lot of work still going on to evaluate the scope of the improvements under the TIF. And one thing that is known is that the TIF-funded improvements are intended to address street improvements in this area, particularly pedestrian improvements are going to be a big item there to improve pedestrian safety in the development. The staff, engineering, water quality. We met with the applicant. We've had several meetings and discussions, and we have reached the point where we can recommend approval of the waiver to you. The primary condition that we have attached to that is that there can be no certificate of occupancy, our lots 1, 2, and 3, until the sanitary sewer service is provided to the Kentucky State Building Code, that is the governing code on the sanitary sewers, and accepted by the Division of Engineering and the Division of Water Quality. Staff is aware that some designs have been submitted to the Division of Engineering and the Division of Water Quality, so they have seen a proposal from the applicant on a design for the system. and I would be happy to answer any questions you may have thank you Mr. Martin Mr. Penn Mr. Martin I think this question is fairly obvious if they're going to build the system they're going to own it and they're going to pump it across under the railroad into our system who's responsible for maintaining that system they are they are responsible yes sir That was one of the issues that had to be resolved. So why isn't that in there that they're responsible for the maintenance and well-being of that private system? I know it probably goes without saying, but it's not the first time in this community we've had privately owned collection and pump systems that have had problems. And somebody down the road had to fix it, and it's usually the city had to step in to do it. So why don't we have something in there that says by granting this waiver, they not only accept the ownership of it, they accept the maintenance and the inspections or whatever you have to put in there. I would say I do believe that's a given as an aspect of our divisions of water quality and engineering accepting it. I can't speak to what verbiage they may have involved in any approvals, but certainly staff wouldn't be adverse to revising the condition to clearly state that if it's the Planning Commission's wish. Blue Sky was a given, too, but it didn't work out that way. Yes, sir. Other questions? If not, applicant? Justin Durie, 2020 Land Surveying. I don't have anything further to add unless you have some questions. My applicants are here, too, that can speak more specifically to the sewer improvement plans that were submitted to engineering. Mr. Drury, let me just ask you real quick. You're acceptable to the conditions? We are. On the waiver and the plan? Yes, we are. Okay. I would presume you would agree that it's a given that the applicant would be responsible for the maintenance of the? I can say that we would be willing to accept whatever verbiage that the engineering department would like to apply to the record plat to cover that. Okay. Thank you. Ms. Beatty? I think this is probably a staff question. Can you give us an example of where we've done something like this or approved something like this in the past and the effects of it long term? Because I hear you saying this is a flood zone. I see that. And I also see in the approval that it will not adversely affect public health and safety. Can you just give an example of another location in Lexington where we've done a similar kind of approval and a long-term effect? Yes, ma'am. The most recent examples would be in Tuscany, where we granted a waiver on substantial completion, as well as Hamburg. In both cases, that was to allow coordination of the development. And the important thing is to remember that in all those cases, the public utilities, the sanitary sewer, the infrastructure was all in place prior to occupancy of the building. That's the key. And in this case, the same would be true. The private sewer system must be built and approved before they're allowed to occupy the building. Now, the public improvements of the street are a little different, and it's different because this is a TIF area. It's an infill and redevelopment and adaptive reuse. And normally we would apply the same standards to the street improvements, and they would have to be done prior to occupancy. In this case, it is more than likely that the TIF itself will fund those and to what degree is still being discussed and when. So that's still up in the air. So staff's comfortable that with the requirements under the TIF, with the requirements on the development plan, that those improvements will eventually be made. And, of course, that takes public and private participation in this particular area. Ms. Beatty, if I could also clarify, the sewer in the Tuscany area, those were public sewers and not a private sewer. But the other parts of the waiver are similar. Yes, the waiver was similar, but private sewers are not really common. And we do have a couple of agreements throughout the community where developers built systems that are going to be part of the public system that other people use, but they are actually public. The only example I can think of, it's been a while since we've had one of these, but we've had a few duplex splits over the years. Mr. Cravens probably remembers a few, where by subdividing the lot to where each side of the duplex could be separately owned, that shared sewer from the street to that building was a private system, rather than to make that be replaced by two separate lines to each property. Obviously, the scale of this one is a little larger, but that's the only context I can think of that's a similar circumstance for a private sewer. In most cases where pump stations are built on a system, they do become public. And, of course, we try to do that as little as possible. Thank you. This just seems like such a significant area and so concentrated in this downtown area that I raised that question. But if you all are comfortable with that and you've worked through it, I'm okay. It's a good question. It is a unique area, as you know, and again, with its age, as I stated before, these buildings were built prior to any kind of public sewers existing, and some of them just had straight pipes into Town Branch. So getting a private system is definitely a step in the right direction. Mr. Penn? Mr. Martin, the difference here is this is a pump station in a floodplain. That was a great concern. And so that has nothing to do with a duplex or any of the rest of that. What my concern is is that we allow them to build a pump station in a floodplain, significant floodplain because it's below grade, and then we're pumping into our sewer system, and they're responsible for maintaining it. My question to be is I'm not comfortable with assuming they'll maintain it, and that's what we're doing. We're saying on this we assume they're going to maintain it. Well, we don't need to get into the definition of assumed, but we do need to get into the definition of I don't think the city wants to operate a pump station and a floodplain. And that was made very clear in meetings with the applicant. The Division of Water Quality said we don't want it. We don't want that responsibility. They will have to design it, and that's part of the issue, above the regulatory floodplain, so it will function in terms of design. And, again, I think you're right, Mr. Penn and staff, and I would be very happy to include a condition clearly stating responsibility for maintenance of that system as a condition of this waiver. Mr. Penn, to address that, I might suggest if you looked at the first condition on your listing on page two, revising that to read, urban county engineers' acceptance of drainage storms, sanitary sewers, their maintenance responsibilities, and floodplain information. I appreciate it. Mr. Sally, could you possibly get that ready to put up on the screen? A couple other questions. Mr. Berkeley? Did I hear you say that the elevation of the floodplain is in question too right now? Yes, sir. And again, without getting into an incredible amount of detail, we've had a lot of mapping done over the years. And it is accepted by our engineers and others that this floodplain is in essence incorrect in this area, significantly incorrect. However, FEMA will not accept our statement to that effect. They want a full-blown study done, and that can cost $40,000, $50,000 or more. We've made several efforts. We tried to get it incorporated into some other work that was being done, and unfortunately the cost and extent of that study could not be incorporated. I understand it is still under discussion for a possible part of the TIF, but it was not included in the scope of work and projected costs that was presented to council. But I do know it's still they would like to find a way to fund it and have that done. Can the applicant tell us what the cost of this private system is going to be in terms of the feasibility of doing this study? or I guess what I'm trying to understand, are we granting this to allow this project to move forward and maybe there's going to be a study done down the road that will resolve this issue and then the city might be willing to take this pump station if it's out of the floodplain? That would be a possibility. Or where are we headed? Is this just what's the plan, I guess? Again, our concern and engineering's concern and water quality's concern was the floodplain. Right. And we did not want to take responsibility for the system. We are comfortable with them building it and maintaining it and taking responsibility for it. And I think there is some possibility in the future that that floodplain could be revised and then the city could reconsider accepting or not accepting the system. So this pump station, I mean, I've seen costs on pump stations before. I don't know how big of a one you're putting in, but that can be $100,000. Is that what we're talking about here, or are we talking about something much smaller because it serves just these buildings? I couldn't speak directly to cost. Tony or Barry, would you like to speak to that? Tony Higdon. The pump station has been designed by Mullis Contracting. and it has been designed for the pump station to be above the floodplain. Also, the cost on this is around $80,000 for the station. So a study at $40,000 would be a savings and may resolve this issue is my point. I think the pump station is needed because of the elevation to where it has to be pumped. There would have to be a pump station regardless of the pump station. Okay, so you're going to have to, I see what you're saying, you're going to have to not only pay for the study but the pump station as well. But what about cost of maintaining it in the future then? Is that enough to warrant maybe encouraging this study? The problem is that even if the study significantly reduced the level of the floodplain, we would still have to put in the same pump station. Right. Because the sewer elevation, the access to the city sewer is at a much higher elevation. So no matter. I understand that. But what I'm saying is you're also going to have to maintain it in the future. And there's going to be some cost involved with that. And I don't know what that cost is. And that's why I'm asking, you know, are you better off, you know, getting this study done so that the city may be willing to take this pump station over? if you can prove it's not in the floodplain. That's my question. I think from discussions with engineering and that we've had also with Tom, I don't think they're interested in taking over the pump station at all because it's in the floodplain now. I can't speak to that. Tom would have to speak to that. Am I not understanding this right? Mr. Pim? Tom, let me ask you. Is everything on this side of Manchester Street along there going to have to have the same thing? I mean, you're talking about three lots there. What about the three upper or the three lower from there? I can't speak to those. I do know that our sanitary sewer is located across the railroad at a higher elevation in this location from these properties. These three lots will be served by this pump station. So my assumption would be that if the line is on the other side of the street, which we know it is, then most of Long Manchester Street is not going to flow into the city line. I believe, Mr. Penn, that is an aspect of the cost estimates that were done by the engineering firm looking at this area and in excess, I believe, of $16 million. And they addressed infrastructure and utility costs. So there are a lot of costs facing the entire area and the entire development. So I guess what I'm trying to say here is that it's $80,000 to serve these three lots. Yes, sir. I'd sure hate to have four phone stations up to damn Manchester Street on that side of the road. And that's what we're looking at. I think, again, the difficulty facing an adaptive reuse project, in particular this one, of course, is getting people there and generating activity and helping to generate more and more and addressing. I understand. They're ready to move forward, I think that's why. I understand what you're saying. I just think it's bad public policy to get in a situation where every private developer has to build a pump station or develop on that site. We ought to be more creative in that, but if that's all we can do, I don't want to belabor the point, but I don't like the word assume. I do want maintenance in it. Yes, sir. Mr. Pinn, would you be agreeable to the language that Bill Salley put up? Okay. Any other questions for the applicant or staff? Anyone else in the audience wish to speak on this plan? If there's no other questions, yes, ma'am? I don't actually have a question for the applicant, but I'm still trying to get my arms around a little bit. I know we've been looking at this distillery district for a fair amount of time, and we've had consultants to look at that whole area. Can you give us some idea, and I hear what Mr. Penn is saying, but can you give us some idea of what the bigger scope, and I know I'm taking it away just a small amount from being specific to this plan, but the larger scope for that entire area and the infrastructure management. Was it initially set up that the city wanted to develop that, take that responsibility of securing, if you will, the infrastructure before we moved along with development of it? Can you sort of give us an overview of the studies, the previous studies as we moved into this distillery district? The previous plans were development plans that came in for your approval and review, and a lot of these issues were discussed, adequacy of infrastructure, the streets, pedestrian safety. There are limits, strong limits on the development plan because of that. The square footage that can be developed is limited until pedestrian facilities are complete in the area, for instance. Before building permits can be issued on a lot of these buildings, They have to go before the Floodplain Appeals Committee as well to address the flood issues relative to even utilizing the buildings. These all grew out of the concern for the impacts on the property. It has been known that some of the infrastructure elements like the sewer were going to present a challenge, and that was one of the reasons the TIF was pursued and granted by the state of Kentucky to help address those issues. It's also why they hired a consulting firm to come up with estimated costs. And, again, they were aware that it was going to take public-private participation to address these issues and, again, the challenges that face this site. And I think what you're seeing today, you do have some motivated applicants who are willing to take this step in order to keep moving forward in this location. Any other questions? Yes, ma'am. Ms. Mundy. Tom, in three or four or five years down the road, say the, I don't know, the spaghetti factory that's going in there doesn't want to be there anymore, or the brewery or whatever, and they call me to come and sell this property, what assurances do I have that the next person in line buying this is going to have to adhere to that maintenance agreement? Oh, I think it will carry forward. Okay. unless something has changed officially. Okay. I mean, yeah, that's... Other questions? If not, I'll close this part of the hearing and open it up for any discussion among the commission members and or a motion. Noting that we do have a waiver, a waiver can be in the motion, but we need to note the findings for the waiver as well. Yes, sir? Mr. Chairman. Yes, sir? I'm going to move approval of Plan 2013-17F for these 15 reasons, including the waiver and also including the revised text that Mr. Salley had added to the conditions. That was for condition number one. Motion has been made for approval with the 15 conditions noting the waiver. Second. Motion's been seconded as well. If there's no further discussion, please vote when it comes up on the screen. Motion passes. Thank you. Thank you. Our next, I believe, is at the bottom of page 2, Hamburg East Tracks 1 and 3. It's Plan 2013-27L. It carries over to page 3. Mr. Chairman, members of the Planning Commission, The next item is item B under final subdivision plans. It's plan 2013-27F Hamburg East, tracks 1 and 3 amended. This is for an area located out, again, the Hamburg East area, which is located out across I-75 from the main body of Hamburg. We have here Polo Club Boulevard here. Hamburg and I-75 would be in this direction. Winchester Road is more towards me. And, of course, Man of War as it comes down through here. This is an outline of the parent tract of these properties. And they are creating three tracts. Now, the primary motivation and what is driving this subdivision split is this area that we have outlined for you here, which is a greenway lot, as well as an EAMP-identified stormwater facility. Now, it is no longer the same type of facility. They changed the design. It was originally called for to be a permanent pool. It is now primarily a wetlands area. They've done a lot of landscaping, a lot of environmental work and habitat work in this area. the applicant filed the plat and staff was concerned about timing and how and that was the reason it was postponed by this body staff was concerned about the timing of the dedication of this particular property it came around about the same time you may recall the new market plat that you just recently approved where the school site was located we had a similar issue there, again with the timing of the acceptance of the stormwater facility. Now, the applicant wishes to comply with the requirements of both their expansion area developers agreement, as well as the Division of Water Quality's adopted policy on how these basins are accepted by the city and then who's responsible for them. with the dedication of this plat, they will be adhering to those policies as they're required to do so, and I'm sure they'll be happy to elaborate on this, but it will allow the warranty periods to extend appropriately over this area. We have had a brief discussion with them this morning. staff had sent them an example of a new market note that the Planning Commission had approved and stated this would need to be edited appropriately to your circumstances, identifying this water facility, this stormwater facility, identifying, naming the agreement. These agreements have different terminology. So just as a matter of crafting the correct note. So should you choose to approve this plat, we would recommend the addition of a 16th condition, which would be to resolve the timing of the dedication of this lot, which would require, of course, crafting the appropriate language as we did for the new market property. There are, as you can see from your agenda, some cleanup conditions that apply to this plat, plat, basic information that's required on a plat, such as a building line, certifications, designating the flood elevation, minimum building lines. There is some mixed zoning in this area. You have some EAR zoning and still some remnant agricultural urban zoning on this property. There is a large Columbia gas transmission easement. We keep running into those in this part of town, and there is one on this property as well. And so, again, along with your standard sign-offs, there are just some cleanup conditions on this plant. As I stated, our concern was with the appropriate timing of the dedication and acceptance of the stormwater facility. And I'll be happy to answer any questions you may have with me. Any questions, Mr. Martin? Mr. Martin, when did this plan get filed, get brought to you? I know we postponed it April 11th. It was filed the month prior to your April 11th. Yeah, we postponed it that month. Okay, thank you. Applicant? Matt Carter with Vision Engineering. we are in agreement or we accept the conditions set forth here and the 16th additional note we're in agreement with that next week we'd like to meet with staff and craft a note that correctly addresses the timing issues so be glad to answer any questions why wouldn't you have done that already Well, initially we were waiting on the new market plat to see what happened on that. And once it got approved, we were going to, I guess everybody involved would understand better how to do this. And then just getting all the parties together to come up with this takes time. Okay. So you're agreeable to the language of the 16th condition then? Yes. Okay. Any questions for the applicant, Mr. Penn? Yeah, I hate to be the one to keep beating the dead horse here, but I don't understand why this didn't stay a postponement until we resolved the time in green space issue. I don't understand what good it does to bring this to us and put a 16th condition on it and give it back to them. I don't understand why that meeting shouldn't have taken place. This be resolved, because if you look up here, it says, Subcommittee recommends postponement questions regarding timing and dedication to the green space lot. What we've done is gone down here and put resolved number 16, put the same thing in it, and approved it. And I don't understand what we're doing to expedite the process here. I might be able to help a little bit along that line. They filed the plat stating they were dedicating it, Mr. Penn, thinking they were complying with the requirements of the water quality policy, stated policy, which in fact they were. There is a stated policy that says they will file a plat to dedicate it. Staff just became concerned about the appropriate timing of the dedication and then any acceptance of the property. Again, you may recall with New Market, we felt like that the Planning Commission was being asked to place a time frame on the acceptance of the dedication. And that was our concern there. In this case, they've agreed to address that with language. So once this is dedicated and recorded on this plat, the council still has the authority to accept it when they choose to accept it. Okay. So that's it. any other questions anyone else anyone else in the audience wish to speak on this plan if not I'll close this part of the hearing and ask for a motion unless there's other discussion Mr. Chairman. Yes, sir. I'm going to move approval of 2013-27F with the adding 16th condition. Thank you. Do we have a second? Second. The motion has been made for approval of Plan 2013-27F with now 16 conditions. If there's no further discussion on a motion, please vote when it comes up on the screen. The motion passes. Thank you. I believe our next one is on page 4, Plan 2013-39F, Belldale Edition, Lot 66. We do have a blue sheet with revisions that should be before you. Yeah. while the staff is getting ready if the commission is okay with it we've got a memorandum for the release of call of bonds dated May 9, 2013 that we need to consider Mr. Chairman approval of the release of call of bonds thank you motion has been made and seconded for their approval of the release and call of bonds dated May 9th, I guess. Memorandum dated May 9th, 2013. Please vote on the screen. Thank you. That motion passes. Yes, sir. I know the mic works. Mr. Chairman, members of the Commission, this is Plan 2013-39F, a subdivision plat for Beldale Edition, Lot 66, formerly known as the Wycliffe Land Company, located at, for property located at 393 and 395 Bassett Avenue. As you can see by the overhead, it involves Lot 66 on the corner of Bassett and Robertson. Richmond Road is down to the lower left and railroad property is at the upper edge of the screen the purpose of this amendment is to create two lots from one deeded lot with two existing legal non-conforming residential structures the subdivision committee had recommended approval subject to the usual sign-off conditions, the standard sign-off conditions. In addition, condition 7, we ask that they denote the use of these lots as restricted to only single-family homes, denote the front building line per Article 8-8H and side street setback per Article 15-2B4, denote final record plat within the title block, denote site statistics on the face of the plan, denote a listing of private utility providers, correct engineer and surveyor certification, correct the planning commission certification, denote the urban county engineer certification, correct the owner certification, and provided that this commission finds that the subdivision complies with Article 4-5A of the zoning ordinance. And we have in your packet included this finding which we offer to you. You note the nonconformity of structures relative to the required 30-foot building line along Bassett Avenue, and then document compliance with Article 4-7E4 of the land subdivision regulations prior to certification, and resolve the driveway encroachment into the right-of-way on Lot 66B here. This finding that we have provided for you relates to Article 4-5A, shown on the overhead. This paragraph will allow the subdivision of a lot with two or more legal nonconforming structures under certain conditions, and those include the demonstration that both residences are served by separate utilities. and that they are utilized and are, in fact, separate residences. The applicant did submit. They went to work right away, and they did submit a revised plan wherein they ticked off at least eight of these conditions and completed them. Therefore, we can recommend approval today to you. pursuant to your approval of the findings. At this point in time, we will take any questions or comments. Thank you. So this is a revised plan? Yes, sir, it is. What's been addressed? All of them or some of them or two of them or what? What has been addressed specifically are the condition 8, condition 7, condition 9, condition 10, and 11, 12, 13, 14, 15. and at this point that's where we stand okay you know normally we have revised conditions but they didn't get worked up i presume due to the fact that we had eliminated the discussion item at the end of the condition 19 and the applicant had agreed to resolve the driveway encroachment condition that would allow it to be placed on a consent agenda, Mr. Chairman. And at that point, we were satisfied that it could be placed on a consent agenda pursuant to their actions and their follow-up after subdivision. Okay. Mr. Penn? I think he's answered most of what my concerns were. My concern was that we had a thing on the consent agenda that had 19 conditions, and we had no way of knowing until we had this explanation what's happened. I just think we need to know that it's being cleaned up before it's on a consent agenda. That's my only point. It's well on its way toward that status quo. Okay. That also answered my question earlier from subdivision, so it's cleared up. Yes, ma'am. Okay. Thank you. Is the applicant here? No. Okay. I don't believe so. Anyone else in the audience wish to speak? No. Any other questions from the Planning Commission? If not, I'll close this part of the hearing and open it up for any other discussion or a motion. I move that we approve Plan 2013-39F, Valdale edition, with the recommendation from staff. Second. Motion's been made and seconded for approval of Plan 2013-39F. Any discussion regarding the motion? I guess... Do I need to include the findings for compliance? It is noted as number 18, so I think we'd be okay. I do have one question. Do we, you know, since we have a revision, do we still need the 19 conditions? No, sir, not at this time, not 19 open conditions. Okay. It's like 1 through 6 and 16 through 19 should remain. So 10 conditions? Yes. That's correct. With the 10 conditions. Are you okay with that, Dr. Beatty? Yes. Can I revise that motion with the 10 conditions? Okay. Seconded. Removing number, or with the 19 conditions, but removing number 7, 8, 9, 10, 11, 12, 13, 14, and 15. Is that better? Okay. Thank you. And who seconded that? I did. You were okay with that? Yes. Okay. has been made and seconded then for approval 2013-39F with now 10 conditions. Please vote when it comes up on the screen. That motion passes. Thank you. I believe we're on page 6 now. DP 2013-29 Eatley, Niven and Vance Properties Lot 1, 2 and 3 1500 Russell K Road and 281 and 285 New Circle Road We do have revisions that should be before you on a gray sheet Mr. Chairman, members of the Commission, the next item is Item B on page 6, DP 2013-29, the Headley-Nibben Advanced Property, Lots 1, 2, and 3. This is a final development plan for property that is located out at New Circle Road and Russell Cave Road. Here's the marathon station that exists. This is not actually a part of this development plan. Jalapenos exists over in here and is going to, according to staff's understanding, relocate in this location on this plan. They are proposing over 16,000 square feet in these buildings. There are 104 parking spaces. You can see how they're laid out. Here is the service road that exists along New Circle Road. This location comes here. They have an entrance at this point. They're showing connectivity into this gas station convenience store at this location. And then, of course, they'll be connected back in through here to what ostensibly is proposed to be a fast-food restaurant food restaurant with circulation in a drive aisle and a drive-through in this location. There was one very large issue facing this plan from the staff's perspective. Those of you that drive that area, know that part of town, know that this is a very dangerous intersection. A lot of traffic, a lot of accidents. They are proposing a new access point in this location. It lines up a little bit better with the shopping center area over here. Staff in a previous development plan showing development slots said, no, we don't recommend that point. And the planning commission supported that. And this lot was going to share this access and this access point to Russell Cave Road at that time. After several meetings with the applicant, they have agreed to close this entrance to Russell Cave Road in return for being allowed this access point. We have staffs met with traffic, as has the applicant. We believe that this makes it better. Is it going to be safe? Well, it's a bad intersection with a lot of traffic. These types of access points, of course, are problematical all over town. But we do believe that by closing this, before this is constructed, it will improve the situation. We have crafted revised conditions to address this. You can see from the gray handout that we provided to you that we have our standard sign-off conditions on this plan. They need to clarify their restaurant seating. It would be one cleanup condition. We want it absolutely clear how many seats are required and how many are provided. They need to clear that up because the patio seating is a lesser requirement than the overall restaurant seating. They need to correct, delete, and consolidate notes 9 through 13. This is a grouping of notes that all address trees in one fashion or the other. Some of them are construction plan notes as opposed to what we typically see on a development plan. We want that cleaned up. More importantly, you can see at 12, condition number 12, we're stating that they need to note that the proposed construction access for Muscle Cave Road cannot be built or utilized except with the issuance of a permit for Building 1, and that is, again, related to this access point. They've labeled it as a construction access point. That's fine. At such time, they develop this lot and intend to build this. Their other construction access is down here. They will have to utilize this when they want to redevelop this property. And staff, frankly, wanted that very clear because once you have an access point, sometimes they're hard to get rid of. But we don't want this to be permitted until this lot is developed. The 13, number 13 on your rights conditions states label the existing and proposed access points to Russell K. Road. Very simply, we want to call the first one one. This one will be closed number two, and this one can be number three. That way we all know what we're talking about. we want to be very clear that two is going to be closed before you get number three. And you don't get number three until you're ready to develop this property. And no permit will be issued for this building until they close that. This will allow them to close it and do their grading and open this up at the same time. And we're good with that. And then they can develop that lot. So with that, staff is now recommending approval of the plan, and I'll be happy to answer any questions you may have. Mr. Brewer. Hey, Tom, when you are looking at the left turn out of those two, the building, one to be built in the current marathon, left onto Russell Cave is a nightmare already. So was there consideration given, or is there a possibility to get a right turn, right in, right out only on that top one, number three? I think you turned it. On the new one? Yep. If you feel that that's appropriate as a body, you can certainly do that. I would point out that traffic likes to be in on those decisions to avoid unintended consequences. Do we have somebody from traffic here? Oh, yes, sir. He's sitting in the back. Other questions? Tom, let me ask this as Mr. Neal is coming down. You're saying no access on Russell Cave until Building 1 is built, correct? That is correct. They have to close that. Correct. What happens if they build the other two? They can build here. Yes, sir. That will not be allowed to be built in conjunction with this. Now, that doesn't mean they can't find a way to cross and try to utilize that, but staff finds that to be relatively unlikely. We anticipate they'll continue to do this, perhaps this movement right here. And Jeff could elaborate on this, but we had a discussion about additional traffic slowing internally, including maybe a speed bump right here. they're going to need to paint some stripes and create some lanes in this area. So there are some additional things that they will have to agree to before traffic signs off on this plan. Okay. Thank you. I've got one other question. Really, it's probably for Mr. Neal to tell you the truth. Are there any chance, noting what Mr. Brewer just said as far as that being a nightmare area, Any chance of closing the other access number one on Russell Cave and having one full access more towards the, well, one full access or one access where number three is going to be to allow for that development and marathon? Sorry, Mr. Wilson. You ought to take good care of it. That's a little bit more extensive than what we talked about as far as access management goes here. What we have decided or thought was, I guess, meet them in the middle somewhere, is to not have any more access points than we already have. And this allows them to develop this property. There's a connection between the two lots. I guess if you put a no left turn sign here, which is nearly impossible, much of the day anyway, that would not hurt. And then you would also have the ability to connect through to get to this, I guess, a better access point further away from the intersection. You could either go this way or if you could come back through this way and then over. So there are more options. The access points line up better. I guess the only thing we're missing is possibly a median down the middle of Russell Cave Road, and that's probably beyond what we can do at this time considering it's a state road. So are you saying we could or we cannot or we should or should not close, number one? Close this and not have any access? Correct. I probably wouldn't recommend that without having some more information to go on. What we've done in the past is try to, for gas station developments, knock one access off every time they come in. I would be hesitant to take this access point away from them. It's just people entering off Russell Cave. They can make that move pretty easily now. Okay. All right. My only thought, if we have access number three open, they still have access to the service station. as well as the rest of the development? Yes, they would. I'm not sure exactly what. If you force a lot of traffic to this one point, you may trigger some other issues that we may not be seeing right now. I'm asking the expert right now. I wouldn't do that. I would leave, basically go with the plan that's here. We've reduced the access point by one, move this one to a better location. So what about the right turn in, right out? on number three. I don't think a sign would hurt. There are a number of people that are going to ignore the sign when they can make that movement, but it certainly doesn't hurt anything to put the sign up there. I don't believe it's... If someone does turn left out of there, I don't believe it's an enforceable restriction since it's on private property. So it's more of an advisory sign. Well, anything would help. Turning left on that Russell Cape is a nightmare. So you're saying we are affecting a change on the part of the property that's not in this development plan, right? So we could ask to put a sign there, right turn only, and one on number three without. You want to right turn only here also? Yeah, I think you ought to have both. But, again, I wasn't aware that we could ask anything to be done on the corner property. But as Mike pointed out, they're already closing an entrance. So it seems to me the door is open. And, Mr. Brewer, if I may elaborate, you are correct. That service station lot is not a part of the development plan. They have agreed to close that middle access point in return for the number three. So, yeah, we. It's much harder to do on number one anyway. Because I think, Jeff, you mentioned it's kind of possible. If we can get a right turn only out of number three, I think we ought to. Okay. Anything else, Mr. Neal? We've got another question. That's all I've got. Dr. Rady. The service station property is not owned by the same as the two that you're proposing the development on? because there's not a service road between the service station and the entrance number three. It's my understanding there are different properties but are owned by the same entity right now. Okay, because that was another question on whether we were doing something to this property over here without some coordination there. Okay, so it's owned by the same people. Yes. they probably would be somewhat reluctant to close off too many accesses to the service station, is what you were saying. Is that what I heard you say earlier? Ms. Beatty, we could not affect someone else's property without her. That's what I was trying to figure out. They are, in fact, owned by the same entity, which is why we were able to get the compromise. And then did I hear Mr. Neal say we can or cannot do a right turn only from entrance number three? I think that can certainly be made a requirement if the body wants to make that so. We can make sure that happens and gets on the development plan before sign-off. Jeff, we were asking for your opinion. It looks like a good idea to me, but I'm not a traffic expert. Would I just drive it enough to know it's a pain? In general, right turns are safer. By putting the sign there, you're going to have a certain amount of people that ignore it. Unless you have a median there, it's almost impossible to do right in, right out, and things of that nature. But adding a sign certainly wouldn't hurt and inform the drivers that it's better for them to turn right. Jeff, what about the PVC sticks, the plastic sticks going down the median? Oh, down the median of Russell Cave? Yeah. We could ask the state about that. I know there are some things that can be done that they're okay with. It's probably going to be a funding issue. Okay. Just curious. Mr. Wilson? One clarification on the traffic flow. Let's say, and I kind of agree with my colleagues, that right turn would be good, but then where does the traffic go to turn around to get back? I mean, are we forcing another issue somewhere down the line, that unintended consequence issue? Well, it may catch a few people off guard when they first go there, but you'd like to think there's repeat business here. I think once they do it once, they will figure out and maybe plan their route a little bit better the next time. Russell Cave does have a few roads that cut all the way over to Broadway. We wouldn't want to funnel everyone that way and make them go through the neighborhoods, But I think eventually they would filter out and go different ways. So I think for the most part what you're saying is after people get used to the issue, then they can figure out how to deal with it. But for the immediacy, what they would do is probably turn right, go down maybe 50 to 100 yards, either cut into, I don't forget what streets would be down there, but they'd have to try to figure out how to cut across and to get back up on the other side. Okay, good luck. Okay, applicant, thank you for your patience. Matt Carter with Vision Engineering. First of all, we are in agreement with the conditions on the revised staff recommendation. I would like to point out we are making improvements to what's there right now. Nobody's pointed that out. We're making a bad situation better. We're eliminating an entrance that's really close to the intersection. We're pushing it back over 100 feet. So I feel like we ought to be rewarded for making these improvements. To answer one of your questions on, you know, can some of the entrances be closed on the gas stations to the other entrances, one thing you're not taking into consideration is that you have to get a fuel truck into the gas station. And right now, there's only one way it can get in and get out, and it's through the entrance that we're making larger. and they have said that by making it 40 feet, it will help them get into the site much easier. So that's a plus. But I'm not sure that the owner would be in agreement to making the entrance number three a right in, right out. I feel like you can force people to go right, but what they're going to do is they're going to go right and then go do a U-turn in the road. And I think you're creating a new issue, and it's probably going on right now to some degree. People are pulling out of the gas station. They can't get in the turn lane, so they go right and then do a U-turn in the road. So what we're doing with our entrance, we're just pushing everything back further from the intersection. So it does line up with the intersection across the street into the shopping center across Russell Cave. So I think we're making considerable improvements to the site. Yes, sir. Anything else to add? No. Thank you, Mr. Carter. And I believe we are noting that you are making every effort to make things better. I guess that's why we're sitting here is trying to make things better as well. My only general comment would be we're going to have access out on New Circle Road for somebody that wants to go on to New Circle Road or go across New Circle Road going into town on Russell Cave and so forth, and I think that would provide one opportunity. I've lived out there for 40 some odd years and I've never seen anyone making U-turns on Russell Cave to go back into town but with that said I'm not going to say it doesn't happen Mr. Berkeley I think it's a tough site right now moving the entrance down does help I'm afraid from a standpoint of do we want to see this lot developed or not, I'm afraid if you put a right in, right out only, it won't be a restaurant. I don't think one or the other. So, you know, that's just my thoughts. Why do you feel that I want? There's like four or five other ways to go into that restaurant. Well, I'm talking about the small proposed restaurant, because you're talking about a single way, really in and out. I mean, you can go out the back, and then you've got to wind through a parking lot, and you still can't really get to where you want to go unless you're going to go out on the new circle, cross over, what, three lanes, and get into a turn lane left if you're trying to go into town. So I'm just saying from a marketability standpoint, you know, in this case, and I don't like the situation, I'm not saying that, but if we do put that condition on, I'm afraid that you're restricting the lot to the point that it won't be what they're presenting. Well, I understand that. I can tell you, though, having been out there and driving that area for 10 or 15 years now, If you have somebody trying to turn left out of number three, you're going to have a backup at the drive-in window of 20 minutes because you can't turn left out of there. And you'll have people sitting there and sitting there, and then they'll shoot out and try to jump across traffic, two lanes of traffic coming in. You're going to have accidents there. You're going to have real serious backups. Well, and that's my point here is, I mean, what I'm saying is we're somewhat saying we don't really probably want a restaurant there. if we do this. Not to say that another use might be more appropriate, that the access would not be as big of an issue, but just from what I see in dealing with commercial property, I don't think you would ever really get a restaurant to go there is all I'm saying. That's my point. So not a good situation. I'm going to agree with Mr. Berkley's last statement for sure. I don't get into commercial real estate, obviously, so I can't address that, but I'm going to side with Mr. Berkley on the traffic situation anyway. Mr. Carter, is this speculative now, or do they have someone going in there? It's speculative. Okay. Mr. Cravens, you got a question? Yeah, I was just going to say on this right turn, I don't think that's something we ought to be designing on the fly like this. I mean, if traffic has some issues with it, maybe they can work it out when the final development plan comes in. But I don't think we ought to hamstring this applicant right off, according to Mr. Berkeley. If we say that, then they can't get, you know, restaurants and gas stations, they all have specific criteria they use before they locate somewhere, and entrances and exits and all that are one of them. So I think this plan is better than what exists. I would like to add we did meet with the state on site. Traffic engineering was at that meeting too, and the state was going to give approval, or is going to give approval for a full entrance. Okay. I think, Mr. Craven, you said we could deal with this at a time of final, this is an amended final development plan, so I don't think anything necessarily would come back to us unless there's substantial changes. Any other questions? Ms. Plumlee, I'm sorry. Yeah, one should be a right turn on. We're going to replace it all over town where we have safer driving for the institutions. If we use just the right term. Other questions? Anyone else in the audience wish to speak on this? Anything else, Mr. Carter? No. Okay. Thank you. We do have 14 conditions and a lot of discussion. any further questions from the Planning Commission? If not, yes, Dr. Brady? I know several of us have made comments about the entrance number three. Is there somehow we can, before we take a vote on this, because it obviously sounds like everybody has a little bit of a different take on it, Can we reword one of these conditions so that it goes back to traffic and allow them to take another look at it to resolve it through traffic and not us make a concrete, the commission not make a concrete statement about it has to be right turn only or it does not have to be, but if traffic takes another look at it and determines what's best for that site. It's nice to see it being developed and a little more energy being put into it, and so I wouldn't want it to be stifled at this point. My thought at this point in time is that traffic engineering has got to sign off on this, but they're going to follow our direction at this point. I would say, Mr. Neal, am I correct? Yes, I would just repeat that without the median there, all that could be done is to sign it. Sign it. I'm not sure if that's going to work for what some of you are wanting to have done. It may be best just to leave it. we might be able to do something at the first access point, but the third one probably should be left as a full access point just because it is the furthest back away from the intersection. Okay. All right. Ms. Plumlee? Yes, I was just going to suggest, like, number 15. Could we make a number 15 and say? We can do whatever we want. Say right turn only at entrance number one with signage. Well, whatever. That is actually off this development plan, so I probably need to... The owner wasn't prepared to even really discuss the gas station lot. It's not part of the development plan. Okay, so... Yes, sir? Jeff, entrance number three, is that appropriate spacing from New Circle? That's as far back as we could get. I know, but does that meet the required spacing right there? We have a guideline that we go by so many feet from that. Does it meet that? Actually, I'd have to look that up. I don't recall if Russell Cave was a major or minor arterial. If it's a major one, then it talks about service roads and things of that nature. It seemed like one of the few options to access this property from Russell Cave Road. It is a reason. I think it's like 600 feet, I believe. So that's a pretty reasonable distance in most cases. Okay. All right. I think at this time, I'm going to close this part of the hearing. We've beat this to death, I believe, and allow any discussion from commission members' statements, and then we'll get to a motion. Yes, ma'am? I was thinking that on that number 15, if we could add a number 15 and just say resolve proposed access to Russell Cave Road and then put the onus back on, in my mind, where it ought to be, and that would be on Jeff and his troops to do what is appropriate and what needs to be done there. Yeah, I think with their sign-off, that's pretty much already there. personally my only wish is and I would agree with Mr. Carter they are trying to make things better with limited space and so forth but limiting making it a right turn right in right out only I think through signage could not hurt and hopefully would make things better as well but that's my personal opinion so Other discussion? Do we have sidewalks now that that other area is going to be developed to move between the two with the traffic pattern going through? The question is sidewalks. Do you know, Mr. Martin, are there sidewalks on Russell Cave? Sidewalks on Russell Cave, where are they? As well as internal to the... The question is sidewalks on Russell Cave Road? They're existing. They're existing. The state did an improvement out there, and there are sidewalks. On this side of Russell Cave? Okay. Yes, ma'am. For the rest of your question, Doctor, the internal, I think I see internal sidewalks as well. Okay. Mr. Wilson. I'm going to take up my banner for my colleague, Mr. Penn. I don't mean to beat this dead horse. But let me get one clarification. Did I hear someone say that that restaurant is a fast food restaurant? Is it a speculative? I mean, we don't know what's going in there, do we? That is correct. Okay, so the idea would be that might be a place for a restaurant, I mean a drive-thru restaurant. Okay. Okay. Well, let me just express this opinion. When it comes down to business convenience versus personal safety of the people coming in and out of there, and I can guarantee everybody here, people are going to be making right turns, U-turns, and everything else. I've got some major concerns. So if we can't get a right turn out of that thing to kind of at least do what we can do, I'm afraid this will not gain my support. I believe so. Other discussion? If not, I'll entertain a motion. Mr. Wilson? I would move approval with one caveat, of course. Go for it. I would approve a move approval for DP2013-29, the Healy-Niven Advanced Property Lots 1, 2, and 3, with the addition of a 14th, of a 15th caveat suggesting that there would be signage there indicating that it would be a right turn only out of what we labeled as exit number 3. Okay. Motion has been made and seconded for approval of DP 2013-29 with now 15 conditions adding signage for right turn only at exit number three, access number three. Motion was made and seconded. Any discussion on the motion? If not, I'll ask you to vote when it comes up on the screen. That motion passes. Thank you. Moving on. I believe we do have another one. Ah, there it is. DP 2013-48. It's on page 11. Richmond Todd's Limited. French Quarter Square Mended. Mr. Cayley, I didn't get rid of you. I was trying to get rid of you earlier. We do have a revision on this. It is on a green sheet before you. Yes, ma'am. Good afternoon. The purpose of this amendment to the final development plan is to revise the parking statistics and increase the uses for a restaurant. When it went in front of the subdivision committee, it was recommended for postponement. There was some concern over a note that was added by the applicant about parking utilization. Since then, we received a revised development plan. He's done some cleanup, removed the note about the parking utilization. We have the typical eight conditions for sign-offs for the first eight. And then we still have a few cleanup conditions that need to be done. Addition of contour intervals, dimension driveway access, document existing tree canopy information for Lot 1. Lot 1 is where the restaurants are that we're looking at for the parking. clarify the number of exterior restaurant seats existing and proposed. We believe there's seating outside. We want to verify that in the site statistics. And this was a late plan, so it's going back in front of the technical committee after this meeting. With that, we believe now we can recommend approval. Thank you. Any questions for Ms. Cald? Captain. Second. Second. Rory Cayley, the DA Partners. We are in agreement with the revised conditions and request approval. Thank you for the revisions, Mr. Cayley. Any questions for Mr. Cayley? Thank you, sir. Anyone else in the audience wish to speak on this plan? If there's no further questions, I'll close this part of the hearing and open it up for discussion and or motion. Mr. Chairman. Yes. Me as Mr. Caley is living right today, I'll move for approval of DP 2013-48 with revised conditions. Thank you. Motion has been made and seconded for approval of DP 2013-48 with revised 13 conditions. Please vote when it comes up on the screen. The motion passes. Thank you, Mr. Cayley. Thank you. Next, we have our text amendments, ZODA 2013-1 and SRA 2013-1, amendments related to the Capacity Assurance Program. I think Mr. Salley passed around before the meeting started a brown sheet along with a bubble sheet and some other paperwork that should be before you. Thank you, Mr. Chairman. Again, members of the Commission, good afternoon. This item appears on page 12 and the top of page 13 of your meeting agenda. This is a combination text amendment to the zoning ordinance and to the land subdivision regulations. It is the first one that we have had this year for each of those regulations. So it carries the numbers EOTA 2013-1 and SRA 2013-1. This is a text amendment that's been initiated by the Planning Commission at the request of the staff. and it proposes to make two changes to the zoning ordinance and two to the land subdivision regulations. These changes are designed to reflect the work of a task force that was appointed by the council, which concluded its work late last year, and they're designed to reference a resolution passed by the council to implement a capacity assurance program, which is an important component of the consent decree between the urban county government, the state division of water, and the federal EPA. This text amendment will provide a linkage between a much larger ordinance, which the staff has been telling you about for a number of months, and which has been reviewed by some local stakeholders as well, and our zoning ordinance and land subdivision regulations. The text amendment to the zoning ordinance in what is proposed to be Article 5-2H would add to the section that talks about the required permits under the ordinance, would add an additional permit, and it would be entitled a sanitary sewer capacity permit. It would basically state that no development could be done here locally after the capacity assurance program is adopted without that type of permit. The two proposed changes to the land subdivision regulations are related. And the first would be to reference that the infrastructure development agreement, which is done as part of the improvement plan process when land goes from being raw land turned into subdivisions, would have a provision in that between the developer and the urban county government that they would be provided only if sanitary sewer capacity can be granted in accordance with the Capacity Assurance Program. That is the proposed change to Article 4-5A of the land subdivision regulations. That is the first change you'll see underlined on the text both in our staff report and on the agenda. The other change to the land subdivision regulations appears in Article 6-2, Subsection A, and it would have two changes. It would clarify that the capacity in the sewage collection system is available to serve all appropriate developments, and then more importantly create a new subsection 3 that would outline the documentation of that in that it would be from the Division of Water Quality, which will be the oversight agency for the implementation of the Capacity Assurance Program. The final change that's proposed appears on your agenda and was proposed to Article 21.4B to the zoning ordinance, And this was designed initially to require that this capacity assurance be demonstrated before a final development plan is filed with the Planning Commission. On the overhead, we see a diagram of how that would be done prior to improvement plans under the Infrastructure Development Agreement. That would be the point where capacity assurance would be determined. and then the Section 21.4B that's proposed would also have required that prior to a final development plan. Once the larger ordinance began to be reviewed, there was, if you will, a Catch-22 that was identified with this proposed procedure. And the next sheet that we have on the overhead kind of illustrates this. As you know, sometimes you are presented with plans that are both a preliminary subdivision plan and a final development plan. And in such an instance, there would have been confusion as to which set of rules would apply. Would it be that the capacity assurance would have to be done prior to the final development plan or post-planning commission consideration of a preliminary development plan? In reviewing this, the staff believes it's best not to create that catch situation and to go ahead and have the capacity assurance done after final development plans would be reviewed by the Commission. So it's the staff's recommendation now that the proposed change to Article 21.4B not be recommended for approval. The other three sections are still recommended for approval. And this is a change from the staff recommendation at your zoning committee meeting in April versus your committee meeting held last week in early May. On our supplemental report, which should be a white sheet, we note that the larger ordinance, as I mentioned earlier, has been reviewed by local stakeholders, and we have provided you with the latest version of that ordinance. As you can see, it's seven pages long, and we do expect another public revision, another public draft of this ordinance will be completed next week, so we'll be glad to update you on that once that becomes available. But the staff has recommended approval of the changes to Article 5-2 of the zoning ordinance and to Articles 4-5A and 6-2A of the land subdivision regulations. The first reason for our recommendation is unchanged. It is that these text amendments will put the zoning ordinance and the land subdivision regulations into better alignment with the provisions of the capacity assurance program, which is under development. And secondly, this finding is revised from what the staff originally adopted. These changes will eliminate the need for the Commission to spend their time reviewing final subdivision plans that have not originally qualified for sanitary sewer service or treatment capacity. As the agenda indicates, your zoning committee has recommended approval of the staff alternative adopting three of the four originally drafted sections. At this time, before members of the public comment, I'd be glad to answer any questions from the Commission, either about our revised staff report, our revised recommendation, or the three sections that are proposed before you today. Questions? Yep. Mr. Cravens. So 21-4-B, all that underlying stuff won't be in there. Our recommendation is that that change not be adopted, to leave it just as it exists today. Any other questions? Essentially, the cap will be approved with the final development plan, right? Probably. in most instances I would expect that an applicant will already know whether or not they have sanitary sewer capacity to a site but it is possible that the commission will be asked to review and approve development plans maybe for financing purposes or something else where that determination will not have been made prior to that plan being able to go forward and obviously that project being built that assurance would have to be made So it would, the way in operation, be after the commission would approve it and likely a condition of the approval prior to certification of the plan. But it would not be required prior to your consideration or approval of a final department. Right, but it would come at the same time, is my point. Most likely. Because them trying to get financing, I think, without that is going to be tough. But we don't want to put people in a position of doing all the engineering and then there not be capacity either. Exactly. Mr. Finn? Bill, I don't want us to get in a situation where we're approving file development plans and we don't know about the capacity assurance, because I just don't think that's good policy for us to do. I don't think we ought to be approving the final development plan until we know there is capacity. And so I would agree with what the staff has put together here, and if this is going to work, this needs to be worked out before we see the final development plan. So I would definitely go with what you're doing here, and maybe, Mike, I should have waited until commission discussion. Other questions? Statements? Thank you. Anyone in the audience wish to speak in regards to this tax amendment? No. Bill, I will have one question, I guess. What you're asking us to do today, there's been various changes and so forth. for ZODA 2013-1 and SRA 2013-1 would be approving, recommended approval of the supplemental report? The staff recommendation does appear on the supplemental report, and that is the same that appears on your agenda. It is to adopt three of the four originally approved changes. Okay. So that's what we would be going with. Okay. Thank you. Any other questions? If not, I'll close this part of the hearing, open it up for any discussion among the Commission members and or a motion. Mr. Chairman, I move that we approve ZODA 2013-1. Do you want both of them at the same time? Yes, sir. and SRA 2013-1 for reasons provided by staff. Thank you. Motion's been made and seconded for approval. If there's no discussion regarding the motion, yes, sir. Okay, so, Frank, this 21-4-B, you're approving not taking out the underlying. If I'm correct, Mike, yes. The supplemental staff report takes that out. Takes it out. Yes. Correct, Bill. Yes. Okay. So any other discussion regarding the motion? If not, I'll ask you to vote when it comes up on the screen. That motion passes. Thank you. Thank you. I believe that takes care of our agenda items. We do have a work session coming up, and I would remind everyone, Barb is here. We have our CE stuff, APA lecture on 5-15. I believe you received an email on it, if you can make that. And then also Saturday, June 8th, it's been published. David Pike will be presenting a seminar out at the Embassy Suites, and I can tell you I have seen him before. He is very good and educational. Any other commission items, staff items? The only thing, Mr. Chairman, is just to remind the commission that you do have a regularly scheduled work session next Thursday here in the council chambers. Thank you. Any audience items? If not, I'll ask for a motion to close this meeting today. So moved. Motion's been made and seconded. All those in favor, please say aye. Aye. Thank you. This meeting is closed. We will proceed on. I could take a five-minute old man break. I was just getting ready to say that. Thank you. Thank you. Son, I know you don't want her to go But someday you'll change your mind And Johnny said Take Jimmy Johnson Take Tommy Thompson Take my best friend, Paul Take anybody that you want As long as she don't go Take any boy in the world Daddy, please Don't take the girl Same old boy, same sweet girl Ten years down the road He held her tight and kissed her lips in front of the picture show A stranger came and pulled a gun Grabbed her by the arm Said if you do what I tell you to there Won't be any harm And Johnny said Take my money Take my wallet Take my credit cards Here's the watch that my grandpa gave me Here's the key to my car Mister, give it a word But please don't take the girl Same old boy, same sweet girl Five years down the road There's gonna be a little one And she says it's time to go Doctor says the baby's fine But you'll have to leave Cause his mama's fading past him Johnny hit his knees And there he prays Take the very breath you gave me. Take the heart from my chest. I'll gladly take her place if you'll let me. Make this my last request. Take me out of this world. God, please don't take the girl. Johnny's daddy was taking in fish, yeah When he was eight years old I'm out. I'm in touch, eager to please Out of control and I'll hand you the piece Every night I am burning to make love to you But don't try to tell me you think It's all physical, it goes much deeper than that You are anointed to the bear of the heart To the bear of the heart It's an affair of the heart Passing it from faithfully It's an affair of the heart We make love It's a passionate thing Your struggle shakes in the teeth in my skin I almost believe you were made to be made by my own You got the power that amazes me still Play my emotions with constant skill I don't have to look any further than into your eyes So don't try to tell me you think it's just physical It goes way deeper than that You better know it's an affair of the heart It's an affair of the heart It's an affair of the heart Has little blood and sweet believe it's an affair of the heart All the heart and heart Such you will see Is to unite you Hey! Girls, right? I don't understand It's all physical It goes much deeper than life You wanna know it's in the fair of the heart To the living in the fair of the heart And to the fair of the heart To the fair of the heart To the fair of the heart And now on to the fair of the heart I remember how it used to feel Riding down a two-mile hill Tennis shoes up on the handlebars Paying no mind to the passing cars No doubts, no fears Just like when you are here No chains, no strings No fences, no walls No net, just you To catch me when I fall Look hard No hands It took a little time to get up to speed To find the confidence and the strength I'd need To just let go and reach for the sky You know sometimes it felt I'd apply No doubts, no fears Just like when you are here No chains, no strings No fences, no walls No net, just you To catch me when I fall Look hard No hands It doesn't take much Just a smile or a touch And I'm a kid again I can almost feel that wind No chains, no strings No fences, no walls No net, just you To catch me when I fall Look hard No hands Look hard No hands She packed my bags last night Free flight Zero hour, nine a.m. And I'm gonna be high As a kite by then I miss the earth so much I miss my wife It's lonely out of space On such a time That's right And I think it's gonna be a long, long time Such love brings me round to get to find I'm not the man that think I am at home Oh no, no, no I'm a rocket man Rocket man Burning out his fuse out here alone And I think it's gonna be a long, long time The touchdown brings me round to get to find I'm not a man, I think I am at home Oh, no, no, no I'm a rocket man Rocket man Burning out the shoes I'm here alone Mars ain't the kind of place to raise your kids In fact, it's cold as hell And there's no one there to raise them If you did And all the science I don't understand It's just my job five days a week A rocket man A rocket man I'm a rockin' man And I think it's gonna be a long, long time The touch down brings me round again to find I'm not the man that thinks I am at home No, no, no, no I'm a rocket man Rocket man Burning out the fuse I'm here alone And I think it's gonna be a long, long time Thank you. This diamond ring doesn't shine for me anymore And this diamond ring doesn't mean what it's looking for So if you've got someone whose love is true Let it shine for you This stone is genuine like love should be And if your baby's truer than my baby was to me This diamond ring can be something beautiful And this diamond ring can be dreams that are coming true And then your heart won't come to break like mine did If there's nothing behind it This diamond ring can be something beautiful And this diamond ring can be dreams that are coming true And then your heart won't have to break Like mine is If there's love behind it This diamond ring doesn't shine for me anymore And this diamond ring doesn't mean what it's meant before So if you've got someone whose love is true Let it shine for you This diamond ring doesn't shine for me anymore And this diamond ring doesn't mean what it's meant before So if you've got someone whose love is true Now why you wanna go and do that, and do that, huh? Now why you wanna go and do that, love, huh? Now why you wanna go and do that, and do that, and do that, yeah? I like this one. What? Uh, uh, like genocide. Don't it always seem to go, that you don't know what you've got to it. Don't it always seem to go, that you don't know what you've got to it. I don't know, you seem to go That you don't know what you've got to list You don't know what you've got to list I have a feeling I'm thinking that you are the one I was meant to be here But how I'm wishing Being and dreaming Of you and the one Let it let you know where I see what it's gone I see it gone You don't always seem to go That you don't know what you've got to miss You don't always seem to go That you don't know what you've got to miss You don't always seem to go That you don't know what you've got to miss I could turn back, pass your time Make you fall in love, come with me again So will you give me a chance to love, to love you In the right way, you're dancing What? Here you go, yeah That's what you want What? Joni Mitchell never lies What? What? Uh-uh What? Uh-uh What? What? What? Let me just quit it for a minute You don't know what you've got, your hits gone. Now you realizing when them nights go long, right? Can't mean for me to stay when you know that I'm going, right? You act all while when I tell you to settle. I was working around the clock with your girls on the metal. Talk about I heard you dance with this chick on the beach. That was out with the time of my love you impeached. Now you looking at the walls, head and hand cold don't seem. Ringing my house, hanging up and imposing. Now why you wanna go and do that love, huh? Now why you wanna go and do that, and do that love? Why you wanna go and do that, love, huh? Why you wanna go and do that, and do that? You don't know, you seem to go That you don't know what you've got till it's gone You don't know, you seem to go That you don't know what you've got till it's gone You don't know, you seem to go That you don't know what you've got till it's gone You don't know what you've got till it's gone You can't touch this. You can't touch this. You can't touch this. Can't touch this. My, my, my, my music hits me so hard. Makes me say, oh my lord, thank you for blessing me. What am I doing? I ain't too high, but you feel good. Well, you know you're down. A super-thorpe boy from the Oatown. And I'm known as such. And this is a blur. You can't touch. I told you, homeboy. You can't touch this. Yeah, that's how we living in your known. You can't touch this. Look at my eyes. Man, you can't touch this. Yo, let me bust the funky lyrics. Fresh new kicks and pants. You got it like that. Now you know you want to dance. So move out of your seat and get a fly gun and catch this beat while it's rolling. Hold on. Pump a little bit. You'll never know what's going on like that. Like that. Hold on a minute. Just don't fall on back. Let them know that you're too much. And this is a beat. Oh, you can't touch. Yo, I told you. You can't touch this. Why you standing there, man? You can't touch this Yo, sound the bell School is in, sucker You can't touch this Give me a song A rhythm Making them sweat That's what I'm giving them now They know They talk about the hair They talk about a show That's hot And tight Singles are sweating So pass them a white bar tape To learn What's it gonna take In the 90s To run the charts Legit Either work hard Or you might as well quit That's word Because you know You can't touch this You can't touch this Break it down. Stop. Hammer time. Just for a minute, let's all do the ball. Yeah, you can't touch this. Look, man, you can't touch this. You better get hyped, boy, because you can't touch this. Ring the bell, school's back in. Break it down. Stop! Coming time! You can't touch this. You can't touch this. You can't touch this. Break it down. Stop. Hammer time. Every time you see me, now Hammer's just so hype. I'm going for the floor and I'm magic on the mic. Now why would I ever stop doing this? With others making records, it just don't hit. I put around the world from London to the Bay. It's Hammer, go. Hammer, hit the hammer, yo. Hammer and the rest can't go in front. You can't touch this. You can't touch this. You can't touch this. Yeah, you can't touch this. I told you, you can't touch this. Too high, you can't touch this. We out of here, you can't touch this. When this whole world starts of getting me down, then people are just too much for me to face. I'll climb way up to the top of the stairs, and all my cares just drift right into space. On the roof, it's peaceful as can be And there the world below, don't bother me, no, no So when I come home, pain and tired and beat I'll go off where the air is fresh and sweet I'll get far away from the hustling crowd And all that drag race knows down in the street On the roof, that's the only place I know Look at the city, baby Where you just have to wish to make it so Let's go up on the roof And I ain't the star They put on a show for free And darling, we can't share it Oh, but me That's what I said Keep on telling you That right smack down In the middle of town I found a paradise That's troubleman And if this old world Stars are getting you down There's room enough for two Up on a roof Up on a roof Up on a roof Oh, now Everything is alright Everything is alright Come on I'll put you through winter night And climb up the stairs Easy, baby Got the stars to fall And the city lies below Oh, oh, oh, oh On every room now I'm out. Guess there are times when we all need to share a little pain And ironing out the rough spots Is the hardest part when memories remain And there's times like this when we all need to hear the radio Cause from the midst of the summer, seeing a few share the struggles we already know. Turn them on, turn them on, turn on those sad songs. When our hope is gone, why don't you tune in and turn them on? Just reach into your room Oh, just feel it Get untouched Get all of it gone Sad songs say so much If someone else is suffering And I'm not Oh, to write it down When every single word makes sense Then it's easier to have those songs around To kick inside your members The love that finally gets to you And it feels so good to hurt so bad And suffer just enough to sing the blues So turn them on Turn them on Turn on those sad songs When all hope is gone Why don't you tune in and turn them on They reach into your room Oh, I just feel that genitals hug Genitals I hope it's gone You know, sad songs say so much Sad songs they say Sad songs they say Sad songs they say Sad songs they say So much So turn them on, turn them on Turn them on, turn them on Turn them on, say it's gone Say it's gone I hope it's gone Why don't you tune in and tell them all They're rich into your room Oh, I can feel that genital touch Genital touch But all hope is gone You know, sad songs say it's summer When all hope is gone You know, sad songs say it's summer When every little bit of hope is gone Sad songs say it's summer When every little bit of hope is gone Sad song says no more When my hope is gone Sad song says no more Loving you, this is the right thing to do How can I ever change things that I feel If I could, maybe I'd give you no How can I, when you're all taken from me You can go your own way Go your own way You can call it another lonely day You can go your own way Go your own way Tell me why Everything turned around Backing up Shacking up's all you wanna do If I could, baby, I'd give you my word Open up, everything's waiting for you You can go your own way You can call it another lonely day You should go your own way Go your own way You can go your own way Go your own way You can call it another long day That's another way You can go your own way Go your own way We'll be calling my love and all the day I'm out. I remember when Mary Lou Said you wanna walk me home from school Well, I said, yes, I do. She said, I don't have to go right home, and I would kind of like to be a lonesome. You would. I said, me too. And so it took a stroll, wound up down by the swimming hole. And she said, do what you want to do. I got silly and found a frog In the water by a hollow log And I shook it at her And I said, yeah, it's frogs for you She said I don't like spiders and snakes And that ain't what it takes to love me You fool, you fool I don't like spiders and snakes And that ain't what it takes to love me Like I wanna be loved by you Well, I think of that girl from time to time I call her up when I got a dime I say, hello, baby She say, ain't you cool? Said, do you remember when and would you like to get together again? She said, I'll see you after school. I was shy so far while most of my love was touching smiles and she said, come on over here. I was nervous at my guest Still looking for something to slip down a dress And she said, let's make it perfectly clear She said, I don't like spiders and snakes And that ain't what it takes to love me You fool, you fool I don't like spiders and snakes And many what it takes to love me Like I want to be loved by you The End It'd be like smiling when the weary day is through Ooh, baby, nobody but you Ooh, baby, it's a sweet, no way, no way Baby, nobody but you They say candy is sweet, but it just can't compete with you, baby. I've got everything I need, and nobody can please like you do, baby. Ain't nobody but you. And who believes that my wildest dreams, and my craziest dreams will come true. Ooh, baby. Ain't nobody but you. Ain't nobody but you. Ooh, baby, no wonder you, baby, nobody but you A little ray of sunshine, a little bit of soul And just a touch of magic, you've got the greatest dances when you've got Oh, baby, no one but me, baby, nobody but you Oh, baby, no one but me, baby, nobody but you Oh, baby, no one but you, baby, nobody but you Thank you. What in the world's come all over me? I ain't got a chance to want it to be Ain't got no laugh Ain't got no light But if you give me just a minute I'll be feeling fine I'm the one who can fake the heat The one they all say Just can't be beat I'll shoot it to your straight And look you in the eye So give me just a minute and I'll tell you why I'm a rough boy I'm a rough boy I don't care Have no look at me Because I'm the one You will see We can make it work We can make it fine So give me one more minute And I'll tell you why I'm a rough boy I'm a rough boy Thank you. guitar solo Thank you. We'll see you next time. I guess I should know By the way you popped your car sideways I don't want you mad It's the other kind of person Who believes in making out once Love of a little past Guess I must be done Share a pocket full of horses Children and some of the news But if we're Saturday night I guess that makes it alright You say, what have I got to lose? And I say, little bit coming Baby, you're much too fast Little bit coming You need a love that's gonna last Guess I should've closed my eyes When you drove me to the place where your horses run free Cause I felt a little ill When I saw all the pictures Of the jockeys that were living for me Believe it or not I started to worry Wondering if I had enough class But if it was Saturday night, I guess that makes it alright You say, baby, I ain't got no gas, oh yeah Little man, come on, baby, you're much too fast Little man, come on, you need to find a love that's gonna last Oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh, oh Baby, it's what you say Little red combat When you find the love that's gonna lie Little red combat Honey, you got to slow down, slow down Little red combat When you find the love that's gonna lie It's a bad combat Baby, it's a bad combat I'm time to cry You've got to slow down You're only watching you There's a man You're my love I couldn't live Yeah, I've got a mess I've got a nerve And the ride I say the ride is so slow You must be a legacy Baby, you must be fair Yes, we need a break over You need a love, you need a love That's a thing that's gonna win Let the red color be Let it go Maybe you got to slow down Let the red color be Let's go and turn Collecting that Things all around you Right to the ground Right to the ground Right to the ground Right to the ground Let the red color be Thank you. Thank you. I'm a fool no more. guitar solo Oh, my Linda. Jesus, I listen. You know you better surrender. Slippin' down the slide, peepin' out high, it won't be your fool no more. Slippin' down the slide, peepin' down the hide, been told a long time ago. Slippin' down the slide, peepin' down the hide, been told a long time ago. I've been told, baby, you've been told I won't be your fool no more. Ow! Hey everyone, welcome to Retail Perspective. I'm Devon, I'm here at Bella Road. Pretty woman Walking down the street Pretty woman The kind I like to meet Pretty woman I don't believe you It must be true No one can look as good as you Mercy Pretty woman, won't you pardon me? Pretty woman, I couldn't help but see. Pretty woman, oh, you look lovely as to me. Are you lonely just like me? Welcome back. I'm Devin with the DLC, and I'm here with Betty at Bella Rose. How are you doing today, Betty? Wonderful. I'm so glad you all are here. Yeah, happy to be here. So tell me about Bella Rose. I know there's a lot of history. There certainly is. Devin, we are celebrating 33 years in business this year in the spring, and we're in the business of cheering up women. We have been blessed with we can dress you, your mother, and your grandmother. So we can get you ready for derby, weddings, prom, just a casual dinner out. We have several trunk shows scheduled. We have hat designers that will be coming in in about, oh, really, a few weeks that will be doing custom hats to match your dress. We have bridesmaids' dresses downstairs. And, Devin, an area of the business that is growing beautifully is Mother of the Bridegroom. Mother of the Bridegroom is so, they're younger and peppier, so they don't really want to look like the grandmother, even though we dress lots of sassy little grandmothers. But that is something that we really take a lot of pride in and enjoy being part of those special days. It's almost as though there's always a special event going on here in the community. There's a fundraiser. There's Art in Bloom coming up. There's the Heart Ball. And we keep track of where dresses are going in terms of we don't want you to show up with the same dress on. And so we really honor that feature that we're able to do and have a great selection, as always. You can just look around. There's no lack of beautiful dresses here. Notice a ton of gorgeous accessories and purses and dresses for all sorts of occasions. So where are you located downtown? We're on the corner of Upper and Maxwell. It is a destination, and it's definitely worth it. And we are Bella Rose Big City Fashion and Small Town Charm. It's come on in, kick your shoes off, and stay a while. The right dress is here for you, whatever your event might be. We are open 10 to 6, Monday, Tuesday, Wednesday, and Friday. Thursday is our late day. We're here until 8, and it's always a fun girls' night out. And then on Saturdays, from 10 to 5, and you can find us on Facebook. We have a website, but it's basically just kind of a home page. We really want you to come into the shop and have the experience and just to let us assist you in getting ready for whatever your occasion might be. Absolutely. So what do you like about being located downtown? Well, there's so much opportunity down here. I mean, just when I came to this corner 33 years ago, it was very different. With all the condominiums and all the downtown life, just the whole pulse of downtown is so energetic. I mean, I love Farmer's Market. I love seeing the families walk, parking and walking on the weekends. You know, all of the camaraderie with our sports, with the basketball. You know, it's just we always enjoy that and always get new people in that have been by and never made it into the shop. And just the convenience of being downtown. I mean, it's beautiful. The tree-lined streets and just, it's just magical. Magical. The historical neighborhood is one of the most beautiful and sought after in the community. Absolutely. Being close to the universities and, again, in two seconds, being downtown. We have a Shoshana trunk show coming up, which I think this will be the fourth or possibly fifth year in a row that we have a great, successful outcome from that. That gets us rolling into Derby. Easter, you can get your Easter dress from Shoshana. We have shipments of Millie coming in. We have, of course, Keeneland, graduation, prom, and then those famous two seconds, two minutes of the Kentucky Derby, which we are very well represented at the Derby with the custom hats and one-of-a-kind outfits. So we're just very excited to be celebrating 33 years in business and just feel so blessed that we have the privilege of dressing so many women. And we're just grateful for this community and surrounding communities that we have, the repeat clientele that we do. And the age range, that's quite special. Absolutely. Definitely such a nice addition to downtown and a destination. We love our location. I've had so much fun here today at Bella Rose and for everything that's going on downtown, visit downtownlex.com. I'm Nikki Heichelbeck. I'm the director of media services for the Lexington Convention and Visitors Bureau. I'm not sure what you're doing. Visit Lex has a couple different purposes. All of them are to bring people into town, into Lexington, whether it's a convention or a meeting or maybe a family reunion, military reunions. We have a whole staff of salespeople that are out there looking for meetings and conventions to bring into Lexington. And then we have the visitor side, where we're looking to bring leisure tourists into town. So the overall goal is always put people in those hotel rooms overnight and drive tourism in Lexington. We were down at the corner of Rose and Vine for about 17 years, and that was a great location for us. But we have a new president now, Mr. Jim Browder, and he wanted us to be closer to kind of the hub of downtown where the hotels are, the convention center, that sort of thing. Thought we'd see more foot traffic right here in Victorian Square, and so far that has proved to be true. We worked with Solid Light, who's over in Louisville, to help design this space. They've done some other very prominent locations around the state, some of the bourbon distilleries, Heaven Hill and Maker's Mark they were also involved with. So we had a great team of designers over there that helped us put together a center that really showcases the horses, the history, the bourbon, and a new section that we have called Explore My Lex, which is everything from restaurants to festivals and events, different things that happen throughout the year that are of interest to both locals and people who are visiting us. Well, certainly we always welcome people here at the Visitor's Center, so just come on down and see us. We're open Monday through Friday from 8.30 to 5, and also on Saturday from 10 to 5, and then during the summer months also on Sundays. You can also go online 24 hours a day. We have a very robust website at www.visitlex.com. We've got a lot of great interactive displays here at the Visitor Center. Center several touch screens that showcase different areas of interest this one obviously obviously is for bourbon you can learn all sorts of things about bourbon see some videos of the local distilleries that sort of thing you can even come over here and if you'd like to smell what one of the bourbons smells like that's a really fun thing for folks to do and a great interactive tool for us. Behind you here we have a replica of a working still which I think is a lot of fun. Bourbon of course is a big driver for tourism here in the central part of Kentucky so we definitely wanted to get that information out there for people. This screen over here is all about the history in central Kentucky so when you click on that it'll It'll take you to, again, a library of films that we put together on different areas around town. We have all sorts of information for folks to pick up and take with them. Any kind of attraction that they'd like to go to, we can help them with that. We also are selling some merchandise here now in our new location. We're very proud to have a Lexington KYT shirt now. We also have blue ones for the kids. And those, I think, have been quite popular. Now something that everybody wants to do when they're visiting a new destination I think is eat food that's local to the area. So not everybody wants to eat at a chain restaurant when they're on the road. So what we have over here is Beyond Grits. This is one of our very new guides that we have. It's a nice little booklet that gives profiles of some of our chefs here in Lexington and the central Kentucky area, and then all sorts of information on winery tours and that sort of thing, along with the brand new Brewgrass Trail, which is a collection of local brewers that are setting up shop here in Lexington and the surrounding areas. Thank you. Dual polarization technology is a major upgrade to the current radar system. It allows forecasters a better idea of what's actually out there and can help keep you safe. Current radar technology transmits and receives information in the horizontal direction, which is very limited. Dual polarization technology, in addition to the horizontal, transmits and receives vertical energy, which allows forecasters to get information about the size, shape, and phase of the precipitation. We can use that information to better determine the precipitation type to expect at your given location. There you have it. This new technology is currently being installed in radars across the country and is already being used by National Weather Service forecasters to produce better, more accurate forecasts. Learn more here and follow us. For more information about emergency preparedness, visit bereadylexington.com. Severe weather can develop quickly. Advances in forecasting allow the NOAA National Weather Service to predict severe weather before there's even a cloud in the sky. Severe thunderstorm and tornado watches give you advance notice that conditions are favorable for dangerous weather. When your area is in a watch, be sure to stay alert for changing weather. Remember, a watch is not a warning. A warning is only issued when severe weather is about to strike. The NOAA Storm Prediction Center in Norman, Oklahoma, monitors weather conditions across the United States. They issue daily forecasts showing areas of the country that are likely to experience severe weather. In the hours before storms form, the Storm Prediction Center discusses the weather with National Weather Service Forecast Offices within the areas at risk. The Storm Prediction Center then issues a watch to notify people in those areas to stay alert for severe weather. A watch also includes information about what type of weather you might see and the chances of it actually occurring. The risk level can range from a few storms with hail and high winds to a particularly dangerous situation when deadly tornadoes could occur. The most important thing you can do when a watch is issued is to stay alert for developing storms and understand your risk. Be sure to tune in to your local news for updated weather information. You can also get instant weather alerts from NOAA Weather Radio. Watches also provide an opportunity to review your family emergency plan as well as check your disaster supplies kit. When the risk increases and severe weather moves in, you'll be ready if a warning is issued. If you need help developing a plan for your family or packing a kit, check out ready.gov for all the information. Stay alert and stay safe this storm season. For more information about emergency preparedness in Fayette County, visit BereadyLexington.com. Hi, I'm Jeff Pugate, President of the Downtown Development Authority, and I'm going to talk you today about the Town Marash Commons design competition on Only Downtown. Why the Town Branch? The idea of the Town Branch has been around for a long time. In fact, the Town Branch is the original creek that the city of Lexington was actually founded on. And if you go back and you look at the maps from the early, or actually it's the late 18th century, so when the city was really plotted out, the courthouse was, we had the public square. Well, down the hill from the public square was the Town Branch Creek. And so, in fact, the way these streets are aligned in downtown Lexington actually follows the original creek. Over the years, the creek remained next to the train tracks. Eventually it was sort of put into more of a ditch. It looked less like a creek. Eventually they threw some boards over it and used it as a street until eventually, In the early 20th century, it was actually put into a 10-foot culvert, and the town branch continues to flow under Vine Street and Water Street in downtown. In fact, you can hear it if you stand next to the 5th or 3rd building. There's actually a microphone that has been dropped into the culvert, and you can hear the creek on the speakers. If you want to hear the actual creek, you can stand in the parking lot behind the Kentucky Theater and listen to the grates in the ground and you can hear the creek underground. When the Rupp Arena Task Force took a look at the arena and the district around it, one of the recommendations of Space Group, which was the planning firm that put together the master plan for them, was to restore and revive the town branch as a central part of downtown. And so picking up where the task force left off and where that plan left off, the Downtown Development Authority invited qualifications from firms all over the country and actually the world as well to look into this issue for us. We had such a great response, over 20 international and national firms responded that we pivoted a little and invited five of them to participate in the design competition. They were given a brief in early December and by the beginning of February we had in our hands five exciting proposals for conceptually what it would mean to bring back the town branch downtown. And the proposals ranged from putting the creek itself above ground in one continuous flow through the city to reinterpreting it in various moments to some massive architecture. But in the end, where we landed was Scape, which is a landscape firm out of New York City that partnered with local firm, EHI Consultants. They had three things that really pulled it all together and were the key pieces for why they rose above the rest of the competition. One was that they based the entire design on the karst limestone geology of the bluegrass. The bluegrass is a series of sinkholes and caves and sandstone. in Kentucky usually pop out of a spring and they run downhill, they dive into a sinkhole and then they reappear somewhere else. And that sort of mystery of water is formed the basis for what they designed. The second one was that more than just create a pretty landscape feature, they actually designed a piece of green infrastructure. And what we mean by green infrastructure is that in addition to creating spaces we would want to be and tie in the downtown together, this also will filter, clean, and manage stormwater in a way that actually helps the system and returns clean water back to our creek. So in addition to creating great space, it actually has an ecological function as well. And then finally was that their design seemed right-sized for Lexington, that we are a mid-sized American city, and they gave us a concept that could be implemented in phases, that was manageable, something that seems imminently doable, because as you look at it, almost the entire scheme is either in public right-of-way or on public land. And so there's a real opportunity here to be able to pull this together and imagine that this is something we might actually build within the foreseeable future. Isaac Murphy Park Garden at the top of Midland Avenue, where 3rd turns into Winchester. It's near the Jiff peanut butter plant. That's really the headwaters for the town branch. There's a spring near the peanut butter plant, and that's where the water first emerges. Now, the rainwater, the thing to remember about Vine Street is that it's kind of at the bottom of the hill in both directions. So you've got rainwater that's running through downtown, through the neighborhoods, down to Vine Street and into the Town Branch today. It's just that Town Branch happens to be underground. So the headwaters, though, are here at the top of Midland. And the idea was to take the wide right-of-way along Midland and create what we think of as a typical creek. It would be shallow, not particularly wide, but at wet times of year there would be a lot of water, and at dry times of year a little bit of water. But this would create a linear park, tie into the Legacy Trail, and also set up a connector between the Legacy Trail and a bike path that would eventually tie into the Town Branch Trail. So this also creates, in addition to cars, you can now walk and bike this section of Midland. Turns the corner around Main and Vine, maybe appears as a little bit more of a pool here. and then we get into what they call the carve, which is probably the centerpiece, or one of the two centerpieces of the design. It's an idea that in what is now currently a parking lot along Vine Street, across from the Transit Center, behind the Kentucky Theater and the Library and the Government Center, and taking that area and turning it into a...