thing for this treatment. What can we do to get better and to help prevent pain in the future? What you'll find out there are a lot of things that are more beneficial, helpful, and have a lot less risks to them. The key in health care is it's our opportunity to make the first step to help prevent future addicts and future abuse epidemics. Thank you. The End Thank you. The End Thank you. Thank you. Thank you. Thank you. Thank you. The End I'm going to prepare. What I'll start with is a couple of happy times on the wall. If you have a cell phone, please turn it on. Number one, turn my microphone on. Thank you, Mr. Marks. Number two, if you have a cell phone, please turn that on silent for us. If you are planning on speaking today, I'd like you to rise right now so I can swear you in. Thank you. Please raise your right hand. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? I do. Thank you very much. So what we'll do is I do not believe we have any hotly contested cases today, so we may not have any reports from the staff. So what we'll do is I'll call each case up. The applicant will put their name on the record. They'll speak for a few minutes. Then we'll have opportunity for anyone in opposition to speak, and then the applicant will have time to respond. I think since we have just a short docket, I'm not going to have to probably put time limits, but usually we try to keep each party to a short amount of time. We can make adjustments as the hearing goes on. So generally speaking, no one here I would expect will talk longer than 15 minutes. If you do expect to talk longer than that, go ahead and start in your head shortening your time. Because we will not go that long on each party. Also, don't speak from the crowd. If you have something you want to say, raise your hand. If it's not your turn to speak, and I will decide whether or not to acknowledge you and let you come forward and talk. The last thing I guess we'll do is at this point go through. What I'll do is I'll call the agenda. Oh, wait, no, we do minutes. First thing is we'll approve the minutes. Has everyone had an opportunity to view those minutes that were sent around? Does anyone have any revisions or questions about the minutes? In that case, I'll entertain a motion. So moved. Mr. Clark, first. Second. Second by Mr. Needham. Any discussions? Hearing none, then we'll wait for our ticket and we'll vote. Thank you very much. Motion passes. I will sign these and pass them for Ms. Whitman's signature. Thank you, ma'am. The next item is I will sound the agenda. and is there anyone who wants to postpone or withdraw any business today? Item number four on the agenda, PLNBOA 17-79 Thoughtspace has withdrawn their application via email. Okay. So if there's anyone here on PLNBOA 17-79 Thoughtspace that has been withdrawn and we will not be having any hearing on that matter today. Are there any other business items to be withdrawn or postponed today? All right. Hearing no, what I'll do is I will call each case, and I'll see if there's opposition. If there is, I would ask whether or not you think you could resolve your items before we have your hearing. If not, we'll put you at the end of the agenda, and we'll keep moving down and have the uncontested applications come first. So the first one is conditional use appeals, and that is PLNBOA 17-76 Continental Properties Company, Inc. Is the applicant present? Thank you, ma'am. Is there anyone here in opposition? All right. Hearing none, we'll have you first up on the docket. The second case is PLNBOA 17-77 Clark Central, LLC. Is the applicant present? Thank you, sir. Is there anyone here in opposition? All right. then we'll have you heard on the first case on the opposition docket. Do you guys think there's any reason for you to meet and try to discuss your issues before? Okay. The next case is PLN BOA 17-78, Spy Coast Farm, Kentucky, LLC. applicant. Thank you, sir. Is there anyone here in opposition? All right, we'll have you on second. Next case is PLN BOA 17-80 Habitat for Humanity Restore. Is the applicant present? Thank you, sir. Anyone here in opposition? All right, we'll have you on the uncontested dockets. Next case, PLN BOA 17-81 Rainstorm Express Car Wash. The applicant? Anyone here in opposition? All right. Wait a second here. Yeah. The last case, wait, is that on twice? Are they two different? Okay. The next one is PLN BOA 17-82 Rainstorm Express Car Wash. It's their second application. Applicant? Opposition? Hearing none? Okay. Well, great. Well, in that case, I will call up the first uncontested application, which is PLNBOA 17-76, Continental Properties Company Inc.'s request for a conditional use permit to establish a temporary leasing office in a plain neighborhood residential zone at 2151 Meeting Street. Please, with the applicant, come forward and put your name on the record for us. caitlin lajoy and the address is w134 and 8675 executive parkway menominee falls wisconsin 53051 oh okay thank you you're giving your address i was like that's not anywhere close to what i have on my report um it looks like the staff has recommended approval they have listed four record four conditions for their recommendation of approval have you seen those conditions yes we have and the applicant is in agreement those completely yes and then once for the record would you state is you your position with the applicant sure for continental properties I am the development coordinator thank you does the board have any questions or comments for the applicant okay we're hearing none the chair will entertain a motion I move that we I move that we approve the PLN VOA 1700076 Continental Properties Company request of a conditional use permit to establish a temporary leasing office in a planned neighborhood residential zone at 2151 meeting Street in and also in agreement of the recommendations made by the staff subject to the following conditions the following four conditions thank you ma'am we have a first do we have a second i second the motion thank you miss whitman any discussion on the motion hearing none then we'll take a vote all right motion passes good luck with your project thank you appreciate it you're welcome okay i'm going to skip over item number two so we'll go to item number three plnboa 17-78 spy coast farm kentucky llc's request for a conditional use permit to establish operating equine and rehabilitation facility in the ar zone at 3295 spy coast lane sir good afternoon sam corneal on behalf of the applicant spy coast farm Kentucky we're seeking as you said to establish an equine rehab facility on Spy Coast Lane which is off of ironworks if you aren't familiar and has the applicant reviewed the two conditions that the staff has proposed they have and are in agreement thank you sir does anyone from the board have a comment or any questions for the applicant I was just gonna see if you could clarify again the difference between the rehabilitation facility versus a hospital think of it in terms of UK Hospital and Cardinal Hill you may have a procedure at UK Hospital but you're gonna do your rehab at Cardinal Hill so let's say you've got an injury or have sustained some type of lameness or muscle soreness you're gonna go to the rehab facility for two or three weeks of treadmills and potential for massage or whatever you need to to rehabilitate the horse so you may be operated on at the facility across the street but when you actually get better and receive extended treatment would be at the rehab facility so that's the difference it wasn't quite clear that it falls exactly under equine hospital but in discussing with the staff we figured it was it was relatively close okay so no surgeries will be on the no no sir it's It's merely, not merely, it's treatment, rehabilitation, exercise, monitored gait, that sort of thing. Any additional comments or questions? Well, hearing none, the chair will entertain a motion. I move that we approve PLN BOA 1778 Spy Coast Farm, Kentucky LLC's request for a conditional use permit to establish and operate an equine rehabilitation facility and an AR in the Agricultural Rural Zone at 3295 Spy Coast Lane for reasons recommended by staff and subject to the two conditions outlined by staff. Second. Second by Mr. Needham. When it comes up, please vote. Motion carries. Good luck, Mr. Carnet, with your project. Thank you. The next item on the agenda is PLMBOA 17-80, Habitat for Humanity Restores. Request for a conditional use permit to establish a retail store for the sale of furniture and household-related items necessary to its storage and repair in a light industrial zone at 817 Winchester Road. Please introduce yourself for the record. Tony Barrett here with Habitat for Humanity Restore, and Catherine Mitchell, the store manager, is here as well. Thank you, Mr. Barrett. And has your applicant reviewed the two conditions that the staff has proposed? Yes, and we are in agreement. And they are in agreement. Thank you. Is there any comment or discussion from the board for the applicant? Hearing none, the chair will entertain a motion. I move that we approve PLN BOA 17-80 Habitat for Humanities Restore request for a conditional use permit to establish a retail store for the sale of furniture and household-related items, accessory to its storage and repair in a light industrial I-1 zone at 817 Manchester Road based on the two reasons from staff and subject to the two conditions outlined by staff. Second. We have a first and a second. Please vote. Motion carries. Good luck with the project. Thank you. Thank you Tony. Next item on the agenda is number 6 PLM BOA 17-81, Rainstorm Express Car Wash, request for a conditional use permit to establish a self-service car wash in a planned shopping center at 2145 Sir Barton Way. Good afternoon, please put your name on the record. Jihad Halani, it was Vision Engineering. You represent the applicant? Yes, sir. Thank you. The staff has recommended approval, and they have recommended six conditions to that approval. Have you seen those? Yes, sir, and we are in agreement. Your client's in agreement. Thank you. Does anyone on the board have any questions or comments they want to make to the applicant? Hearing none, I'll entertain a motion. I'll move the approval for the PLN BOA 17-81 Rainstorm Express car wash requesting a conditional use permit to establish a self-service car wash in a planned shopping center zone at 2145 Sir Barton Way subject to the conditions expressed by staff based upon approval based on approval do we have a second I second the motion thank you miss Whitman is there any discussion on the motion in that case we will proceed to vote motion carries if you want to state step back up for the next item number seven plnboa 17-82 rainstorm express car wash request for a conditional use permit to establish a self-service car wash and a planned shopping center at 351 meyer way and please once again put your name on on the record? Jihad Halani with vision engineering representing Rainstorm Express. We read the six conditions and we are in agreement with the staff. Thank you, sir. Does anyone have any questions on this application? I have one question. What's the difference between this one and the last one? One is located in Hamburg, one in the West. Okay. Okay. Any other questions? Just wanted to clarify. Thank you. well if there's no discussions uh the chair will entertain a motion i move we approve plnboa 17-82 rainstorm express car washes request for a conditional use permit to establish a self-service car wash in a planned shopping center b6p zone at 351 meyer way based on staff's recommendations for approval and subject to the following six conditions Thank you, Mr. Needham. Do I have a second? I second the motion. Any discussion on the motion? In that case, please register your vote. Motion carries. Good luck with your two projects. You're welcome. Okay, the next case is PLNBOA 17-77 Clarks Central LLC's request for a conditional use permit to provide a drive-through window accessory to a convenience gas store station in a neighborhood business zone at 1419 Bersales Road. It appears that we have a couple emails in opposition or in favor? In opposition? So I'm going to give a couple minutes, let those get passed through before we have you come up and introduce yourself. Thank you. or I can present what we have yes okay thank you so what we'll do is if the applicant will come forward and put themselves on the record then we'll have you take a seat and we'll have the staff give us their overview of the project and why they've recommended disapproval good afternoon my name is Jason Herod I'm with BCD incorporated general contractor I'll be representing Clark Central LLC my address is 1962 Philiatro Lane Bardstown Kentucky. Thank you sir. If you just want to have a seat you can sit here in the first or second row and I believe Mr. Clark or Mr. Nita may still have the opposition emails but we'll go ahead and start. The property we're looking at is 1419 Versailles Road, which is at the corner of Delmont Drive and Versailles Road. The applicant is requesting a conditional use for a drive-thru window for a convenience store, so it's not your typical fast food drive-thru, but rather to sell goods that you would get if you walked into the convenience store, candy bar, or Coke, lottery tickets, that sort of thing. Staff has recommended disapproval primarily because of concerns regarding traffic and the potential impact on the neighbors. You can see here on the site plan the stacking plan for vehicles. Our concern is that the drive where vehicles exit the drive-thru could become congested with the vehicle stacking. And this would force exiting vehicles to have to exit onto Versailles Road where a left turn would be quite challenging, especially during certain periods of the day. Additionally, there is a recommendation from the multimodal alternative evaluation for Versailles Road, which was prepared by the Kentucky Transportation Center in 2013, suggesting that a raised pedestrian island be placed at that intersection, which would completely prevent a left turn onto Versailles Road there. Additionally, this is in the Cardinal Valley area, which we do have a small area planned for. So this property is kind of on the border between the area designated as neighborhood conservation and the area calling for improvements along Versailles Road. So we could say that the gas station, which is there currently, is an improvement over the dilapidated buildings that had been there previously and had been removed. But we really need to take into account the effect that this is going to have on the neighbors since this is an area where we are calling to preserve our neighborhood. The other concern besides the traffic issue is just the irritation that can come from a drive-through additional noise and headlight interaction with the residential property especially the one that is directly abutting the gas station property. That's I guess if you have any questions. Yes. That's the underground portion. Right. Right, yeah, that's Pave. One of the emails that we got says there's a drive-through there already. I mean, is that being a little... It's not operational. There's a window. That's really all it is. It's completely non-amplified. It's just you pull up to the window and you speak directly to the person. So they're not using it right now, but there's not really anything that they would have to add to make it be a drive-through. It's just the action. So it's loud? Is that what you're saying? Well, our concern is that it could be if there were not as concerned as we would be with certain drive-throughs because there is no amplification of sound because there's no speaker system. But just the general idling or loud music coming from vehicles and things like that, probably not so much the conversation between the attendant at the window and the driver. So if this board agrees with you and disapproves this request, do they have to take out that window? No. I don't think they realized they couldn't do it. They just couldn't operate the drive-thru? They just couldn't use it. Right. Okay. May I ask, the left turn will be prohibited eventually. It seems like to me, even without the drive-through, that's the same problem. Right, and that is just a recommendation. I don't know that there are explicit plans for that to happen at this time, but that was a recommendation of this traffic study for transportation evaluation. Okay, thank you. What's the main concern? The main concern is the congestion that we cause mostly on the site itself and just the potential impact on the neighbors. Can you tell us where the house is located based on this map? Where is the nearest resident? The adjacent property directly to the north there, there is a house basically directly behind the gas station building. and then the next property above that you see there, that house extends back further. So potentially headlights could shine into their house. The sight line is there for that. But isn't there, there's a fencing. There is a fence there. Yes. I visited the property and the fence is pretty close to the driveway to that house. I mean, I think it's on that drawing. The driveway, the beginning of the driveway is drawn in. It's just right up at the fence, right up against the driveway. I guess you express the concern about the noise from the cars. You take away the amplification, but you still have the noise from the cars. And we don't have any, and you said we're not going to ask them to remove the window. the window so even though we disapprove if we disapprove the the petit you know this request who's to say that they're still not going to to use the window well that would just be a case thing where if the neighbors were to call and complain it would be a compliance issue because they don't have the conditional use and they're not permitted to operate a drive-through without Any more questions for staff? Just a quick, yeah, please, just quickly. Even though the drive-through would not be there, you would still have 24-hour traffic in that facility with noise and headlights. So what's the difference? Just the direct flow of the traffic through that drive. adjacent to the building. So it's the direction of the traffic. And is there any, are we anticipating a great deal more traffic because of the drive-in, do you think? That's a little bit of a difficult question because this is sort of an unusual drive-through type. They are starting to become more common. I think we have one other gas station with a drive-through like this in town. So there was not a real good trip generation statistical analysis for our traffic people to take a look at um so to differentiate between this and maybe a fast food drive-through so there presumably is some difference but we don't have good stats for that thank you ma'am and just for i don't know if you guys did any research on this but the the reason we're going to the drive-through is it safety concerns like for the employees i believe so that's probably something the applicant it can answer a little bit better but I heard something about perhaps they would be closing the shop for certain hours and just have the drive-through but I'm not sure if that was if I heard that from the applicant or if that was that's probably a better question for them okay what is the zoning directly behind the property is a residential zone R3 Or no, sorry, R1C. Yeah. Any additional questions or comments? Thank you, Autumn. I'm sure we'll have more. Okay, if the applicant could please come back up. And if you go ahead and give us an overview of the project and the necessity of the drive-through window, that would be great. Sure. I guess the first thing I'd like to address is in regards to the existing window that's there, That existing window that's there is not a drive-through window. It is a solid fixed piece of glass. It was originally installed that way per the building department's request in planning, a planning meeting that was held there. We put it there with the knowledge that we would have to later at the end of the project file for a board of adjustments for the drive-through. There is a drive-through window on site setting in a storage room there, but at this time it's a fixed piece of glass. So it could not be used for sales or any other pass-through through that opening. Clark Central is requesting this. It's for both convenience and for safety of both customers and store personnel. The window provides a revenue for Clark Central. It's a source of revenue for them. You're generally looking at about four to five turns per hour. That's based off just some use that they have. this is a typical installation that they have at all of their the majority of all of their other locations. Um some I guess uh disagreement that I have with the staffs recommendations would be that you know you're not creating any additional burden to the traffic on Delmont or Vercels Road. I would agree that turning left out of there on the for sales road is a difficult task as it is down that entire corridor. Even without the approval of the drive through window at the parking lot that was shown in the drawing, it is that way. There still will be traffic that flows through that that turnabout and through that parking lot and will still be able to access that drive through area that will cause the ambient light or the headlights of the vehicle. I guess in the planning process of this project, it was brought to our attention. That's why we addressed it with the fixed glass that this was at the time it was proposed to us that this was a not really an issue. And I agreed with that based on the zoning ordinances. We're meeting those requirements. We're providing it's a B one neighborhood business zone, which is appropriate. And we meet the article 69 vehicle stacking requirements. I'd be happy to answer any questions. I was wondering if if you have some idea of what percentage your business would be drive through if it was approved? I do not have any, uh, numbers or statistics on the percent to sales that that drive through generates. Uh, I think that based on some numbers that I've looked at from Clark Central, it provides basically anywhere from 1500 to $1800 worth of sales in a 24 hour period. And I would just say, like Jan, I drove by there, and I actually thought it was a more spacious parking lot than a lot of other gas stations. So, yeah, even the direction of those pumps are going opposite than the direction, so it really wouldn't be back up there. That's correct. And that was all part of the intent, taking into consideration the drive-through traffic, taking into consideration where customers will want to come in and go out of. That was taken into consideration. And it's not a normal, I would say it's an abnormal orientation of the gas pumps, but that was taken into consideration at that time. That's the reasoning for the design. Any additional questions for the applicant? Okay. Sir, if you guys are done, you can have a seat. Unless you're not done. Well, I believe Mr. Clark could provide some more information as far as sales data and information like that. Thank you. Yes, I'm Rick Clark. I'm the owner, well, 50% owner of Clark Central. I'm also, we have that lease to our operating company, which is Clark's Pump and Shop, that actually is the operator of the convenience store. And, I mean, Jason filled you in pretty much on the facts, and, you know, I agree with everything he said, but, you know, we've made a major investment at this property. We lease it from an owner. We spent $1,450,000 there to build this location, and we're really proud of it. We keep our stores clean. We run a really good operation. We have a chain of 70 stores in four states with more than half of them now with drive-throughs. we we pretty much started that concept from in the convenience store business and it's very important to the revenue of our investment you know we have a we're committed to be there we're there for a 20-year term on the lease with four or five-year options that would be 50 40 years and we're also um we have first refusal to purchase that property you know we're you know know we're proud to do business here in Lexington but the draft through is just convenience for our customers there's you know there's women we keep it well lit at night and you know women have children with them it's a true convenience for them to go through and and the majority of what we sell out of there just so if you're wondering is we sell cigarettes tobacco products lottery tickets and we also serve food there so we get a lot of business out of the draft through if they want you know food to take home chicken or just whatever the menu offers that day and so you know I would hope that you know all this is the traffic stays on our property we found that customers find their way around really easy as miss carter said there's quite a bit of room between the pumps and parking in front of the store there could be a car parked on that side and plenty of room to get out to the Delmont Road where the red lights at you know turning left on Vercel's Road it you know people can do that but that we all know if you're there on five o'clock traffic or 8 a.m. that's not going to happen sometimes in the middle of the day the flow you could get out that way but you can't tell people which way to turn what to do you know but uh but this drive-through is just it's not dumping out on a city road or a state road so i would hope that you will seriously consider our application and it's very important in our business in the long term. If it's possible on a lot, we try to put the drive-thrus in. If not, we're not able to do it. So that's really all I can add. Is there any questions that I can answer for you? Mr. Clark, what would be the other number of gas stations that would have drive-thrus such as this to attach to a little convenience store in Lexington? In the Lexington market? You know, to my knowledge, I mean, our competition, let's say, is Speedway, Thornton, De Shells, a few other just individual stores. But to my knowledge, I don't think there's any that this might be. There's one more I know is just approved on Vercels Road. The one that I think it's 1150 Vercels that Omjad owns. or he's got to drive through there because we supply the gas for that. It's another Marathon store, okay? But, you know, I've got stores, for example, in Georgetown, three stores, and all three of them have drive-thrues. I've got one in Winchester, same way, Berea, Kentucky. You know, we're based in Ashland, Kentucky, an hour and a half from here, and every store in that area I've got has got them. We've got them in Ohio, West Virginia, Florida. So, I mean, it's not unusual. It's just maybe it, you know, there hasn't been a lot of new stores built in this market. It's just that you're starting to see a few replacing the old stores, and you're going to see a few more from me. You know, I've got two more lots, well, three more lined up in the future to build here in Lexington. So, you know, I hope that answers what you wanted to know. And maybe this is a question for staff. You know, why is that the case? Is this he's just on to a unique selling point here that is new and different, or has it been in the past that, you know, this conditional? I believe it's just a new sort of thing for this area. We've not, to my knowledge, seen other requests for this. I may add to that, too, is, you know, an existing store, depending on the size of the property, it would be hard to add a drive-through because you've got to design it where your checkout counter is and all that. So the newer stores, which the two I just mentioned were built within the last – ours was this year. The other one was two years ago. So a newer store, you can actually plan to do it because you have to have room to do it for the cars to get in and out. They can't pull in and back out. Would you say this property is wider than most that you see? Yeah, I would. That's what enables this type of frontage standpoint when you look in. I mean, that's one reason that the pumps are turned the way they are. The pumps are parallel with Purcell's Road because if you dive in there, I mean, you could have done it, but it would have been tighter for the customers. customers so it's it's a little bit it's not exactly a 220 by 220 lot if that's that's the ideal really 240 by 240 is what you want to try to build on but you can't always find that you know clarify for me staff maybe is there a stop a stoplight at Delmont yes there is and so the trap the traffic mr clark uh what is the motion of the traffic coming out of there then that is it going going to be on delmont or is it if it's if it's uh right turn it can come out in berselle's but if it's left turn it could go and go to delmont right right if you got to go on for sales road i would think you'd come out there and turn right you know right on the four lane So if you've got to go left, you go out, turn left on Delmont, and turn left on Vercels Road is what I would think, yeah. I would think, Mr. Clark, that a close analogy I can think of is the Marathon Station on Broadway next to Lexington Clinic. That's a Thornton. The Thornton Station, yeah. That's exactly the way that works. Yeah, exactly. When I use that station, if I'm going home, then I turn out the right. And if I'm going left, I go to the stoplight. You need to try our station, Mr. Griss. What's that? You need to try our station. I don't see what you think. Wrong major throw affair. I'm just kidding. Any other questions? Yeah, I think where I, you know, this is where I struggle here. When I, obviously I want you to be able to provide a service to your customers. You know, to me it kind of looks like a, you know, a drive-up kind of liquor store, you know, beer shop. And, you know, I'm teetering on whether I think that's a good thing or a bad thing, and I don't know yet. I think that the, you know, it's a convenience, yes. I know there's several stores in the downtown area and on these thoroughfares that are just liquor stores, and I see people walking up and congregating around those stores and drinking outside. Here, you're in your car, you're picking it up, and you're leaving. That could be better than the walk-up. But, you know, I don't know. So I'm just, I haven't made my mind up yet. I appreciate your comments, but to comment on that, if you've been in the store, it doesn't look anything like a liquor store to start with. I can assure you that it's not going to be a situation where it always sells alcohol out of that window. It will be more of what I said, cigarettes, tobacco products, food, lottery tickets. And the other thing is we have strict policies. policies as you're well aware there's safety concerns in that whole area I knew it when I built the store I've got stores at Russell Cave and North Broadway it's in the same situation and we have policies we don't allow people to walk up to the window it's dangerous to start with and secondly we have policies of we don't allow them to sit on a lot smoking and drinking we will ask them to leave or call the proper authorities to make sure that that's taken care of. And I mean, we run a good, good operation, and I'm really proud of that. I mean, the store's clean. It's stayed that way. It's well lit. The restrooms are clean. They'll stay that way. And, you know, if you look at that particular area, there is issues there that we have to be concerned about. But we have some great employees that we hired, and they all are right there in that neighborhood. They all walk to work, and it's the best crew. I'm shocked, but it's the best crew I've been able to hire since I've opened a store. And across the road, the motel, the police are there daily, and we provided footage of our video. I mean, they're going to clean this area up, and that's why this store enhanced that community. And eventually, I mean, we have support from most of that neighborhood now. They come in the store all the time. I mean, it's doing well inside. Needs more gas gallons. If all of you want to stop there, it'd be nice. But, I mean, it's not going to be a liquor store if that's your concern. That's not what I would. I don't want to run a liquor store. I run a convenience store. Actually sell liquor. You just sell beer. Is that correct? I only sell beer there, yes. And I've got probably the biggest beer cave I've built in the city of Lexington. If you go out there, you'll see it. But, I mean, that's what the customers want. You know, it's got seven single doors. And I've had a lot of compliments on it from other convenience store operators and customers and different things, you know. Back to the employee safety issue of it, Will there be times that the store is locked and you use the drive-thru only? Well, you know, as of right now, we're open 24 hours. We just opened, so we'll run it for 12 months. You know, we keep statistics of how the MedNight turned us. You know, I was told, you know, and I keep two people there for safety all the time. We have a good camera system, and I was told that, you know, you need to watch the safety part. I was told that from some of the city people. And, you know, about midnight turn. Right now we've had no problems on midnight turn. But that gives us an option if we did have problems that we could service customers through the drive-thru. And that's been done in a lot of bigger cities where they just have the drive-thru window open and it's not walk-up, you know, with a bulletproof glass or whatever. But that's not our, you know, that's not our, it would give us an option is all I can tell you right now. you know and i'll just if i can add to what chad said it's so funny those all the scenarios you said were the opposite of what i thought because my thought was pulling up in the drive-through and not having to get the three yard out of the car seat to run in and get something so i i did feel the convenience of you know i think that people would probably get more grocery type stuff that you don't want to have to run in and get with you know hopping out of the car because i would I'd probably be lazy enough to pump gas and then go through the drive-thru without having to get the kids out of the car seat. I mean, if you pulled up there, we have a milkshake machine, for example. You get it out, and this thing's good. And you had your kids, and you decided you wanted to get them milkshakes. We would go make your milkshakes for you. If you need a gallon of milk, loaf of bread, we'll get that without you having to get the kids out. But the whole big deal that we sell out there is what I said, the three or four items, you know. I'm not going to, for example, set a beer cooler up by that drive-thru window and make it a liquor store. You know, that's not my go there, you know, so you know. What would be the peak business for this window? Do what now? When would be your peak business for the window? The peak business would be early morning, you know, work traffic, and probably a little bit at lunch, not as much, and the going home traffic from work, you know. And, you know, I could see in the evening, we're doing a lot of food sales there from 6 o'clock on. We sell a chicken there called crispy crunchy chicken. It's really good. And we get a lot of, I can see some of that business happening, you know, in the evenings, like people wanting a snack or dinner or whatever, you know. Staff put up, do we have the photo with the stacking? Because I just want to see, does the staff feel that there's enough stacking to keep traffic from coming onto Versailles Road available? This drawing shows five vehicles, but one of them is parked at the window. So our zoning ordinance actually requires five beyond the window. So if you can envision one more car added to that line, that was one of our concerns, was that if it were stacked, that it would become more challenging to navigate the parking lot and to get out. oh can you turn your microphone on sorry I was gonna say the curve of the picture threw me off because because this is what the applicant submitted to us I don't know if there's a reason for that configuration of stacking well those cars aren't gonna sit like that They're going to go path of least resistance would be my guess. Are you guys, if this were to be approved, how would you designate the lane for the stacking? Because my concern would be is that people are going to come in on Bursell's Road and then make a straight B line to that drive-through, and so your stacking is going to completely cut off the traffic flow for the rest of the parking lot. That would be my concern. Please, come here. You're the GC. Come up. been so the intent by showing the cars in this manner is to illustrate how if requested or required that's how that is an indication of how it would be striped they're actually there isn't a requirement for it to be striped however we showed it that way and if there was any you know request can you stripe it will you stripe it that we felt like would be the best way to do that. And I presume, Ms. Jones, that it would be within our purview to, if this were to be approved, make that a condition that it be striped in a certain manner? Yeah, I think you could probably do that. or you may want to say that it be striped in with, you know, to the satisfaction of traffic engineering. I don't know if you all would want to. Okay. Yeah. Does anyone else have any questions for the applicant? I want to have some staff talk again. But, yeah, I think this is one we'd like to hear from traffic engineering about what your opinions are on this. Mr. Clark, you can have a seat for now. Yeah. I'll just say real quick I think it would be a problem if you had more than five or six vehicles back or stacked up in the line I'm not sure depending on just some of my understanding of how these drive-throughs work at gas stations like this you're probably not going to stack up more than two or three vehicles I don't know if the applicant would be okay with with signing say the end of the the little splitter or the end island there go ahead and sign that something to the effect that if you're stacked beyond this point, they'll go just go inside. Maybe that might be a fix for that problem. That way they would get, I guess, permission to stack two vehicles instead of having to show five vehicles. Because I'm really not sure where you would stripe the stacking line in this configuration oh I'm not either yeah that's you know I know the McDonald's with the BP on Winchester Road it has yellow lines that tell you where you're supposed to drive if you're going to the drive-through yes and that's that's a McDonald's drive-through and so you anticipate there could be 10 to 20 10 to 12 cars backed up there at any one time but overall does traffic engineering have an issue with this proposal? Just I guess the letter of the law it doesn't meet. If it does have to stack five or six vehicles that will create a problem, a circulation problem. And if it was a fast-food drive-through I would be a lot more concerned with it, but in this case it's more like a pack of cigarettes and a coke. Okay, thank you. Any additional questions for staff before I see who here is in opposition? Sir? If I could just add one more comment. As I stated before, the general turn in an hour based on statistics off of the other Clark stores is about four or five vehicles per hour. Okay. Thank you. How many people do we have who want to speak on opposition? Two? Okay. How long do you think you'll need? Okay. Well, now you can just come on up, sir, and put your name on the record for us, and then... My name is Jerome Higginbotham. I'm here representing the Carter Valley Neighborhood Association. I just want to speak a little bit to the process. I've sat here the whole time and listened to everybody trying to find every reason they could to make this possible. I really have. I've felt that. I've overlooked, I mean, I've looked over the staff's recommendations and I find them to be spot on. The number one concern, if you just look at that pattern, I mean, if you just can't look at that pattern of how you're going to have vehicles going to go around there. There is a house directly in the view of those headlights that is maybe the minimum from that fence. Now, there's a fence alleyway, I'd say less than two feet wide behind your store, and that fence to the next residential property. So imagine that property owner who already feels that they've been put out. We couldn't stop. As a whole, the neighborhood association didn't want this station here. It was already zone B1. We tried to fight it. We couldn't because it was already zoned for it. It's right on the corner of a residential neighborhood. We fought the rezoning of the mixed-use across Delmont, and that's where they originally wanted to put this gas station and bulldoze three houses, changed the mixed-use from mixed-use to be one there. The owner of that, which I assume is the owner of the same property, continues to be in violation because he continues to have residential tenants there. but be that as it may we couldn't avoid this so if you imagine you lived in that house and your property owner you bought that house and they came and they put this filling station and you're going to have headlights shining on your house right there they're going to be shining right oh there's a fence there but let me come outside your house and shine my headlights on your brick wall every day and that's going to go on and that's going to go on that's going to go on now you look at that second set of arrows you talked about traffic flowing whatever that clearly indicates is people on the right side of that median there can go either way. So somebody's coming out the drive-thru, and somebody's coming in the parking lot. Now the guy can't get out the drive-thru because the guy's coming in the parking lot. Now the next guy can't come in the drive-thru. So the next guy that comes off for sale road stacks up behind this one here. Oh, but we're just going to get a pack of cigarettes and bubble gum. No, we're not. We're going to get chicken. We're going to get chicken. We're going to get a milkshake. We're going to get a gallon of milk. We're going to get anything for you that you want to bring into the drive-thru. So now we're talking about the possibility of more cars stacking up there in violation. And I don't think you're going to put little stickers and signs on the road that are going to tell people, oh, you can't go past beyond this. You can't go past beyond this. So one thing, if you don't look at it, if you were going to build a station that you were going to put a drive-thru in, one would think you'd offset it from the back lot, a lane width, that you could come around the store like a typical drive-thru, that you could pick up your bread, your milk, your cigarettes, and your beer. You've got the best beer cave. I've never heard enough talk about a big beer cave. you want to sell some beer, go through there, pick it up, exit on Delmont Drive, then take your traffic light and get you back out on Versailles Road. We don't need a bunch of people trying to cut back up on Versailles Road. We don't need a bunch of people cutting up on Versailles Road when you have a lot. I know some of y'all have been there, but you don't live there. You don't know the people that have to walk in our neighborhood. And the people that have to walk in our neighborhood that don't always cross at the crosswalk, they cross where they can and where they cross to. Well, they cross to Dave's Motel, which is right across the way over there. They cross to the little house, the little residential house that's over there. There's a lot of foot traffic and safety concerns for the people with the traffic going this way. They've already created more than inconvenience for the residents of the neighborhood that we wanted. And in pursuit, probably, of one of the most important but I think most neglected, I wish Peggy was here. Do you remember how much money we spent on the small, the city spent doing the small area district development plan? How much we paid those consultants to come and do that big thing? $125,000 right at that? We had a bunch of meetings. It's pursuant to, right? Pursuant to the comprehensive plan that we're all going to go through. You came to our neighborhood, the city, not necessarily. You came to our neighborhood and said, hey, we need your input. We're going to bring a consultant in from Texas, and we're going to take your input. we're going to develop a small area district development plan. We did it. We had meetings. People came. They produced pictures so big like this, I don't know how much each one of them cost, and they photoshopped a pretty bicycle driver in there. And in the end of it, the recommendations were, and what this falls in, this proposal is not in agreement, and I think staff is spot on with this, this is not in agreement with the Cardinal Valley small area plan. It was we didn't ask for more gas stations and convenience stores. We didn't ask for more drive-through windows. We asked for better housing. We asked for retail shopping. We asked for beautification. We asked for a nice flow down the Versailles Road corridor. It's one of the most important corridors of this city, if you don't realize, even though if it's not in your flow, it ought to be. Because when you land at the airport and you drive through town, that's what you see. We didn't want another Clarksville station. We didn't want another Dave's Motel. We didn't want another little ramshackle places. We want nice, supportive businesses that you can come to the Valley Neighborhood Association, the area people, and say, hey, this is what we'd like to do. We'd like to work with you. We don't want this drive-through. We don't want more traffic. We didn't want the traffic that we got. One of their arguments is, oh, it'll do no more harm. Is that a good argument? To say all the harm's been done, there'll be no more harm here. Right? You don't have to live there. You don't have to be where Jennifer lives, down the street trying to raise her kid on this area. You've just increased her traffic I don't know how many times just to get out on that street. It's designed to create more business. It's designed to create more traffic. That's what you want in a store. You know what they call it in retail? We want traffic. Right? We want traffic. We want more people. We put this drive-thru in because we want more people. And there was an interesting thing early on about, well, gosh, it's already got a drive-thru built in it. Well, of course it does because they were anticipating that they could go through process number one, get the approval of the station, fight the neighborhood off there. And in process number two, they just go ahead and get their drive-thru window, despite the fact that the people in the neighborhood don't want it. Now, to the process, here's what it comes to the process. I'm sure you've got good people. I tried to look up. I bet you all don't get paid to do what you do. You probably don't. And you and me and Jennifer are the only ones here that's not getting paid, right? Everybody else here got paid today. Everybody here is working. I've got to not get paid today, folks. All right? I've got to not get paid. I've got to not be working today to be here. Now, do you know how many times I've prepared for several different meetings on different subjects to just here at part number two, the 3A, number one, postponement or withdrawal of any scheduled business items. You show up to the thing and all your business items was scheduled. Mr. Higginbott, I'm sorry I had to take a time day off to go to work, but you'll have to come back next month. And then you have to wait until everybody else is in the room, until they've talked about it all day long, before they even ask you, as the only residents who live in Cardinal Valley, and I've lived there for 27 years, I raised my kid there, sat on the board of Cardinal Valley Elementary School, worked with all the local groups at the park, at the Village Ranch Library. Please listen to your neighbors. You know the reason those women had to send email, I bet one was from Lane Bolden. I bet she's Cardinal Valley Neighborhood Association. Check your emails. She couldn't be here today. Had to work. One was from Paula Singer, who's with the Neighborhood Association over in Hampton Court over there. Couldn't be here. Had to work. I was afraid nobody would be here for us. I really was. I was afraid at the end of the process, the room would be empty. Y'all would have all talked to Mr. Clark and his person who don't even live in Lexington, Kentucky. Neither one of them does. and that I'd be the last one, that we'd be the last one that you'd hear from. Folks, this is a bad idea. And it meets spot on, all these different items that staff has come up with. And somebody told me, oh, we don't have to go to that meeting. The staff recommendation has already been that they're not approved. I said, are you not familiar with this process, how this works? Right? You've talked to staff and grilled her, make sure she had everything cut and dried and out the rights of everything else before we even got down to talking to anybody that even lives there. It is going to increase public safety problems. It's going to increase traffic, going to increase there. And if you, I mean, the number one thing you're going to buy to drive through on the Versailles Road corridor across from Day's Motel is going to be the, you're going to want to get a selection from the biggest beer cave you got. So now you're going to have more people driving through there. And when they stop there and they can't get their order right because the car in front's there and the car backs up and the lights go on and the fumes get up and the noise gets out, people get irate and they honk and whatever, and you're trying to raise your family at a house next door. It's just bad. If you can't see it's a bad design, I mean, you know it's a bad design just looking at it. And if you can't see that the reason they designed it this way is so they can come after the fact and say, oh, well, we've already got it there. What's the harm in having a drive-through? Because we weren't pursuant to the Cardinal Valley Small Area Plan. It does not, and I'm just going to read it to you, it does not contribute to neighborhood conservation. The putting in of the store did not contribute. Yes, were there ramshankle apartment buildings that should have come down there? Yeah, but what should have happened? The city should have got involved and provided us what we need was more low-cost housing in that neighborhood. That's what we needed. We didn't need another convenience store. We needed no more affordable housing. You know how many mentally ill people we serve on the Fresailles Road corridor? You have no idea. How many houses take care of people there? If we could put places in where people could live in assisted living, homeless people. But we didn't. We put in again. You approved another feeling. Where was there down the road? If you've been down Versailles Road corridor, do you know how many places you can buy gas? It does not contribute to neighborhood conservation. It does not offer any improvement to the corridor. This will not offer an improvement to the corridor. It's not going to make the corridor a better place to put this drive-through window. Rather, it potentially creates additional traffic. Could I come to your neighborhood? Would you want more traffic in your neighborhood? Can I come down there and give you some more traffic? potentially creates additional traffic issues and possible nuisance to the neighbors, and it's certainly a nuisance to the neighbors. If you can see how small that alleyway is, that is literally, that fence is all that separates the traffic on Versailles Road and all that goes on on that corridor from residential peoples who bought their, yeah, they should have known that they were next to a B1. They should have known that the apartment buildings could have been bulldozed. Folks, I just want you to listen. If you only got three emails, if you only got three emails and they're all in four, then that's infinity to nothing against this measure, right? And if you've got two people from the neighborhood association here that are in four, and no other citizens that I see from Lexington, Kentucky, in support of this measure, then you ought to go with the people, right? If you only have people here who live in that community and who stand to suffer from that and don't want this, then you need to go with the people of that community and not the personal guys, outside developers that don't have any stake in this except one thing, money. Money. So if I could say more, I would. I'm sorry if I took more than my 15 minutes, but I probably didn't take as much as you already took. And I appreciate your time, unless you've got questions. Any questions from the board? Thank you, Mr. Higginbottom. Miss? Hi, my name is Jennifer Reynolds. I live at 121 Delmont Drive. Today I want to speak on behalf of myself as a resident of Delmont and a homeowner and the Cardinal Valley Neighborhood Association. We took a poll this week, and the poll showed that overwhelmingly the people that voted voted against this drive-through. I want to say, first of all, that I think that Mr. Clark's store is very nice. It's very clean. It's very well lit. It exceeded my expectations in all of those areas. And my main concern is about the drive-through. I have a family, I have a child, and I have seen multiple people driving with open beer cans in the car at that exact light. This was before the gas station went in. We have a liquor bar and express up the way. We have multiple places to get alcohol, and I do not feel that it is necessary or safe to add one more place to get alcohol while driving and where people, like has already been mentioned, may congregate. I do not believe that the main sales will be tobacco, and when I spoke to Mr. Clark previously, he mentioned that one of their main sales would be beer. and that road Delmont gets a ton of traffic as it is so I don't think increasing the traffic to that light into that street on a residential street is is helpful for the neighborhood I'm speaking as a citizen of the neighborhood I understand reasons why this drive-through would be helpful for their business and as a business owner I completely understand that but as as a resident as someone who sees the traffic how much drinking occurs and the possibility of upping drinking while driving I cannot I cannot support the drive-through and I hope that you will understand that the other the majority of the people from our neighborhood association also oppose it for similar reasons some for traffic some for the effect on the houses behind sub for the flow i maybe if the drive-through had been on the other side of the building the flow would be easier out and not so congested so my neighbors oppose it for many different reasons but i oppose it based on what i feel like will be the majority of the sales in a neighborhood that is already struggling to not have illegal behavior thank you very much thank you oh wait wait wait sorry i'm sorry does anybody have any questions okay now thank you for your time okay um it looks to me as if the opposition um addressed the points that staff raised which were points that you the applicant addressed so the while the applicant has an opportunity to come up and respond i'd like to keep that response about three minutes if you guys so choose to make a response to the opposition so now be opportunity just quickly i'd like to state you know we did follow the proper zoning we followed the proper ordinances. We're continuing to follow those. I understand as a homeowner in that area, it may provide some heartache. It will, but it has improved the area. What was there before was dilapidated housing that was a haven for illegal activities. Now you have a clean accessible convenience store that's well lit it's safe for people to go in and out of that's that's all i really have to respond to unless there are any other questions i do not have any anyone from the board okay thank you sir any discussions with the board currently the staff has recommended disapproval if any board member was inclined to move to approve we would need to have miss jones come up with facts for the recommendation and possible conditions so i just want to bring that to your remind the my fellow board members of that would be what would be necessary so with that being said the chair will entertain a motion i move that we disapprove plnboa 1777 clark's central llc requests for a conditional use permit to provide a drive-through window accessory to a convenience store slash gas station in a neighborhood business B1 zone at 1419 Versailles Road for the reasons recommended by staff thank you miss Meyer does do we have a second I'll second. We have a first and a second. Are there any discussions on the motion before we vote? Change out the screen. And please register your vote. This is a motion to disapprove. It appears that the application has been disapproved today. Thank you very much for your time coming down today. So the next item on our docket is any items for the board, any that wants to bring to the chair's attention at this time? There's one thing on the agenda for sure we need to talk about. That's the meeting schedule for 2018. I was going to skip that, Mr. Marks, and put the pressure on all next month. Before we get into that, I did want to let you all know that last night the council gave second reading to the text amendment. It's been, I guess, a couple of months at least that we ran by you all, maybe longer than that, which shifts several different use categories from conditional use to principal permitted or accessory use. It's about a 50-page text amendment because of all the little things you've got to do, but I'm prepared now to give you the one-page summary, so I can go ahead and hand that out. We appreciate that, Mr. Marks. Thank you, sir. Do we need to discuss these or just you want us to be aware of the changes? Just for your information. Okay, thank you. So the next item is staff business, and we need to discuss the alternative dates for Board of Adjustment meetings starting in 2018. My understanding is that we are looking at Monday at 1 or Wednesday at 9.30. Is that my recollection? The Monday option is the second Monday of each month, starting at either 1 or 1.30, as you all choose. And the other option was the third Wednesday of each month in the morning, starting at either probably 9 or 9.30, as you all choose. So those are the two options on the table. So, ladies and gentlemen, what say you? I don't mean to be difficult here at all, but, you know, we all signed up for this on Fridays. You know, we all knew coming in that this was a Friday gig, you know. And, you know, I have a conflict on Wednesday, but, you know, if that's the board's wish, you know, if that's the way that you all want to go, you know, that's fine. But, you know, I just, that's just how I feel. And, you know, we can't please everybody, and I understand that. So if you all want to do Wednesday, then, you know, I'll make it work. But that's how I feel. you know about the whole situation. And when would be the earliest people would 9 or 930 on Wednesday if it were to go to Wednesday? 930 would be better than 7. I cannot do it Monday or Wednesday before November. Okay. All right. So. Any of those comments work for me? No. Not normal. Yeah. I put it on talent. Well, Mr. Glover said that either one, he could make either one work when I corresponded with him by email earlier this week. So personally, I would like to have Wednesday at 930. That's my personal preference. So do we have a motion? Do we vote? How are we supposed to do this? Have you all, I can't remember, have they already adopted the meeting schedule for 2018? We have not yet. No, they have not. That's what's happening right now. We've been circulated two alternatives, one at each time. I think you need to take a vote to confirm the time that you want to and the day, you know, what day of the month in terms of the second, third, whatever it was. And then, you know, the staff will have to match those dates up and distribute a new meeting schedule. And we could adopt the calendar next month on the 15th? We need it adopted today. The bylaws state that you have to adopt the meeting schedule. All the associated deadlines, filing deadlines, other meetings, that's just something staff can work out. Do you know what the dates are? Yeah, they're on the drafts that were distributed. They have those. I can put them up for the record. Yeah, I mean, if they have to adopt it by today, then I think you can just put it up there if the Wednesday is the day you want to go with. Okay. that when you adopt that schedule you're changing your meeting time we'll put the Wednesday up first just because that's the one that's under discussion right now but I've got the Monday one too if you need to see it yeah yeah I guess it Friday would remain a choice I believe it is. Yeah. I mean, yeah. I mean, right now, our choices are Wednesday morning, Monday afternoon, or Friday afternoon. Those are our choices. Or Friday morning. I don't know if Friday morning is an option. Because the problem is we have to check the calendars. The student chambers are available. But my understanding is Friday morning had not been discussed. I do not believe staff is prepared. a meeting schedule mr. Clark what do you have for us right now for the film on the board for us to go back to Fridays it will be if you gave us a five-minute break we could come up with the actual dates for the for those Fridays Monday I'm sorry Friday mornings has not been on our radar screen so we'll just have to start from scratch on that idea if that's where you all want to go okay so So, but in either case, we need a vote. And as a chair, I'm not supposed to make motion, so I need somebody to make a decision and get this ball rolling. The staff needs to be able to have us vote on it today. I think it's Monday afternoon that works for it. I think Monday afternoon works for everybody. Yeah. I'd like to make a motion. Thank you, Ms. Carter. I would like to make a motion that we move our board meeting to the second Monday at 1 o'clock, 1.30, 1, 1 o'clock in the afternoon. Do I have a second? Mr. Clark seconds that. So let's go ahead and put up so we know exactly what we're adopting. Here we go. So this would be the schedule for next year's Board of Adjustment hearings. I believe with it being on the second Monday of the month, we don't have to make any changes. It's always on the second Monday because there are no holidays. Is that correct? These dates on the left-hand column are all the second Mondays. Yep. So is there any discussion on the motion? Hearing none, then let's vote. well it carries i don't see mr uh needams yeah so um thank you sir so it looks like the motion carries so next year we will have our mondays at on meetings up second monday of the month at 1pm All right. So I think that hopefully everyone is satisfied with that choice. I think I can definitely live with it. Okay. So with that being said, is there any other staff items that we need to address today? Okay. The next meeting will be on Friday at 1.30 on December 15, 2017, which will be the last meeting of this year due to the holiday season. and if there's no other business to discuss then I will have us adjourned. Thank you.