Oh Oh, yeah Oh, yeah Oh, yeah Oh, yeah Boats steaming in Oh, watch the side wheel spin And I think about her when I hear that whistle blow I can't change my mind Oh, I knew all the time that she'd go But that's a choice I made wrong Listen to the music on the way Oh, listen to my heartbreak Every time she runs away Oh, listen to the bed you're waiting A sad song drifting low Listen to the tears roll Down my face as she turns to gold As she turns to gold Listen to the, listen to the madder and rain Feel the world by fire Listen to the tears roll Down my face as she turns to gold Listen to the tears roll Down my face as she turns to gold Oh Oh Oh Oh Oh Listen to the madeline ring Thank you. How many times must we tell the tale? How many times must we fall? Living there a long memory you just recall. Working on the sound of the band. Trying to get the music right. To go out way. On Lexington Now, One Lexington, Accessible Transportation and the Historic Distillery District. Welcome to Lexington Now for the week of September 30th, 2019. I'm your host, Neil Noah. Making Lexington a safer city is a top priority, and One Lexington director, Laura Hatfield, talks about the Neighborhood Engagement Initiative designed to do just that. One Lexington is an initiative out of the mayor's office that works to enhance safety and quality of life in Lexington. So, when Lexington started back in 2017 after an uptick in homicides and violent crime as a way to really pull all partners together, our faith community, our schools, our city government, our neighborhoods, to convene them, to leverage their assets and resources, to look at the problem around crime and violent crime together. How can we all work together to make Lexington, our neighborhoods, healthier and safer for all of us? So one of our initiatives in One Lexington is our Neighborhood Engagement Team. And we started back in February of 2018 in the Winburn neighborhood. We're here in the Winburn neighborhood today in the Community Action Community Garden just to kind of show folks what communities can and will do once they have relationships. We started in this neighborhood to build relationships with our neighbors, the faith communities that are here, the schools that are here and serve this neighborhood to make sure one, that they knew each other and two, that there was mutual trust. And we know that when relationships are formed, that great things happen, that quality of life is increased and that neighborhoods are safer. And I think you'll see if you come out to this neighborhood that people love this community and we do too. So, Winburn was our pilot neighborhood and one of the reasons why we selected Winburn is because the city just wrapped up a small area plan. And in that plan, the neighborhood said that they wanted a couple things. One is increased safety and number two was opportunities for young people after school. And we know that those things go hand in hand. So what we did is we pulled together everyone who is living and serving this, living in and serving this neighborhood. your police, your faith communities, your nonprofits, your schools, and your neighbors to create some strategies to increase safety and increase quality of life. And we're in the neighborhood today. One of those opportunities or activities has been this community garden in partnership here at the Community Action Council. And so we've been able to do this because all of those partners are working together. So this work is important to me for the same reason and I believe that it's important to Lexington. Your faith community and your schools, your police, your city government can't solve the problem alone. We can't make Lexington a healthier and a safer place in isolation. And I believe that this work takes relationship building, it takes mutual trust, and that's the type of work I love to do. Personally, I here in the Wimper neighborhood, I do this work for the Mr. Mortons and the Miss Valeries and the kids that I've been able to meet because once they know each other, they're going to be stronger by those relationships. So there are a number of ways that folks can get involved in this work. We talked a lot today about the Neighborhood Initiative. And so if you want to get involved in your neighborhood, become a mentor. Get involved in your school. Get involved in activities in your community center. to know your neighborhood resource officers and talk to them about what they can do to partner to build relationships among police and the neighborhood. If you're an organization or a business and want to share resources throughout our city, get involved in your juvenile detention center at the jail, probation and parole in a way to give people resources when they reenter our communities. We truly are One Lexington and it takes all of us to share our resources, our assets and our time to make Lexington a safer and a healthier place. For more information on One Lexington, visit LexingtonKY.gov slash One Lexington. The ability to easily get to and from our chosen destinations is something most of us take for granted. But for those with limited mobility, the task can be daunting. Emily Elliott tells us about transportation options to help everyone live independently. My name is Emily Elliott and I am with LexTran as well as a member of the Commission for People with Disabilities. And we are going to talk a little bit about transportation options that are available for everyone to help them live a full and independent life. The first option that we have available is LexTran Bus Service. Lex Tran, or the Transit Authority of Lexington Fayette Urban County Government, is the public transportation provider for Lexington and Fayette County. The bus service operates 26 fixed routes, 365 days a year for the majority of the day. All buses are accessible for those with mobility devices and can accommodate two wheelchairs on each vehicle. can present verification of a disability from their health care provider to receive a 50% discount. The single trip for that discount is 50 cents and an unlimited monthly pass is $15. For more information on LexTrans service, general information, routing questions, individual trip planning or travel training services, please visit www.lextran.com or call 859-253-4636. Another option is Wheels Door-to-Door Paratransit Service for people with disabilities operated by the American Red Cross. This service in Fayette County is designed to meet the needs of those who are not able to utilize Lex Tran bus service. There is a one-way trip fee of $1.60 per trip for destinations located three-quarters of a mile from a Lex Tran bus route. Trips outside of this range are considered premium with a fee of $2 per one-way trip. All trips are scheduled ahead of time, no later than 5 p.m. the day before. All customers eligible for wheels can also utilize Lex Tran bus service at no fee. Another option, Federated Transportation Services of the Bluegrass, or FTSB, is a door-to-door ride-sharing service that operates in Fayette and other surrounding counties in a variety of ways. In Fayette County, Medicaid eligible members can utilize the service for medically necessary transportation to and from a Medicaid eligible trip. There is no member fee associated with the service. Transportation appointments must be scheduled 72 hours in advance unless they are considered urgent. In addition to having a valid Kentucky Medicaid card, members must not own a car in the household that can be used for transportation. For more information on FTSB services and information for areas outside Fayette County visit FTSB.org or call 859-258-2722. ITN or the Independent Transportation Network is a nonprofit organization that provides dignified transportation to seniors and adults with visual impairment in Fayette and northern Jessamine counties. The The organization is private and membership based and an annual fee covers up to two qualifying household members for trips for any purpose. Annual membership is $50 for an individual and $75 for a household. There are various discounts and programs available for the program including low income, support from health care providers and businesses, and gift certificates just to name a few. To apply or find out more information, visit itnbluegrass.org or call 859-252-8665. A trip to the distillery district when we return. Lexington Parks and Recreation is proud to present Freaky Friday Flicks at Moondance Amphitheater. This year will feature the first three movies in the Harry Potter series. Ignition is $2 for ages 6 and over. Five and under are free. Gates open at 6 p.m. for Harry Potter-themed pre-show activities. Get out and play and celebrate the season with parks. You'll bring the blankets, the movies, and the marshmallows are on us. We keep Friday blitz! Come join us for Little Goblins Galore. Saturday, October 19th, 1 to 5 p.m. There'll be a petting zoo, an enchanted character trail, friendly haunted house, and lots more. Admission is $6 for children and $2 for adults. Go to our website for parking information. My friends and I hope to see you there. Welcome back to Lexington Now. Lexington's historic distillery district has enjoyed an amazing revival in the last couple of years, and we take a trip down memory lane to its beginnings in this week's episode of Marking History. Going back as far as the 1760s, corn mash whiskey was made in Kentucky. Later, a refining of the process produced the first Kentucky bourbons. Over many decades Lexington, Kentucky became home to literally hundreds of distilleries. Shortly after the end of the Civil War, on what is now Manchester Street, the J. Pepper Distillery took form. The original facility, known as the Henry Clay, was purchased by Kentucky Colonel James E. Pepper in 1879. Pepper claimed to use his grandfather's Revolutionary War-era recipe and dubbed his first whiskey old 1776. The nearby Town Branch Creek provided water for steam power. The Springs of McConnell supplied water used in making whiskey. The facility prospered, shipping and selling barrels of various blends all over the country. Famously, on July 4, 1910, James Pepper sponsored the Fight of the Century in Reno, Nevada. Heavyweight Jack Johnson went 15 rounds with formerly undefeated champ James Jeffries. Johnson knocked down Jeffries three times in the final round, and the fire was stopped. In 1920, when Prohibition hit, distilleries nationwide shut down, but the Liquor Concentration Act of 1922 allowed a handful of sites across the country to store and sell alcohol for medical use, and the James Pepper warehouses were licensed as one of those locations. Just before the Volstead Act was repealed, the facilities were sold to Shenley Products Corporation. Less than two years later, a fire consumed the building and burned it to the ground, but Shenley promptly rebuilt and whiskey production resumed until 1962. Used primarily for storage until 1976, the property was sold and later abandoned for decades. By 2010, a local area revitalization project was well underway. As new businesses moved in and began to flourish, Amir Pei seized upon the idea to re-establish the old James Pepper brand and location. Production resumed in December 2017 and is now part of the distillery district's must-visit sites. Do you know what to do if you see flashing lights and hear sirens while you're on the road? This edition of Rules of the Road clears up any confusion. Hello, I'm Sergeant Flannery with the Lexington Police Department. Welcome to a new edition of Rules of the Road. First of all, it's important to remember that tow trucks are also included in the emergency vehicles. You know, if you see a tow truck or an ambulance or a police car or any other kind of emergency vehicle on the side of the road, the very first thing that you should do is slow down. That's the very first thing. It's the easiest thing to do is to slow down. And then if you can, you safely get over to the left. So if I had to put it in order, I would immediately slow down, turn on your turn signal to make a lane change, whether it be to the left or the right. You're going to make that lane change safely if you're able to. If not, you can always just slow down even that much more. If you have an emergency vehicle approaching from behind you, then the best thing that you want to do is to slow down, first of all. And then the next thing you want to do is try to move to the right. If you're able to move to the right safely, that's what every operator of an emergency vehicle expects you to do, is to slow down and move to the right. Please do not dynamite the brakes as we call it. Don't slam on your brakes. Just tap, you know, slow down a little bit, tap your brakes and move to the right if you're able. If you're absolutely not able to move to the right at all and you can move to the left safely, then by all means move to the left safely. But the biggest thing is to slow down, observe what you have in front of you and leave the emergency vehicle room to get through. freak out. You know, the people that are driving the emergency vehicles are doing so with due regard for the safety of everybody on the highway. So they're looking at you and they're looking to see what you're going to do. And that's the big thing is just not to panic and not to slam on those brakes. In construction areas, road work zones, you definitely want to slow down for sure. There's people out there. They're working. Yes, they're wearing reflective equipment, reflective vest and such, but they have the flashing lights and all that, but that doesn't protect them from you. What protects them from you is you. You're the one that's going to control your vehicle and where it goes, so do so in a safe way and slow down and give them time to do what they need to do. We'll see you next time on Rules of the Road. We've got a fairly light schedule this week, so there is no meeting coverage to tell you about. But when there is, you can find it live on Channel 185 or on our web stream or find any archive meeting at LexingtonKY.gov. That does it for this week, but as always, you can keep up with us on social media, check out the latest traffic updates on Twitter at LexRex, or catch our live traffic cams on lexingtonky.gov. For all of us at LexTV, I'm Neil Noah, and that's it for now. Thank you. Lately night keeps keeping me awake at night. Tossing and turning my life. Wanna kiss, wanna hold you so tight. Ooh, don't wanna love. Whether you know or not. When you just hurry away. Leaving me laying there and chilling. I just wanna be you. The one that you want to see I just want to have you near me But you fly away almost every day You work a lot You never stop to love Stop Our love is love Stop Come home from the road Gotta stop to love And let's celebrate Celebrate The love we got Yeah Say you're coming home Gotta stop to love Yeah, you say my love Has always been on your mind But how can I ever love you When you keep working overtime Too many empty nights Could make almost any guy To look for the love he don't get Whenever he's alone at home Away in the day That you're coming to stay I hate to see you go angry But you couldn't risk Had to be the best To reach the top But you did not stop To love Stop Our love is love Stop Come home from the road Gotta stop tonight And let's celebrate Celebrate The love we got Stop Say you're coming home Gotta stop tonight And one day you'll discover I'm the one who loves you No one knows you better Can't you stay forever I can hardly stand a lonely day Come on, stay Cause that's what it's all about You really turned me up I love you, stop, stop Love you, stop, stop Come from the road Got your stuff to try And let's celebrate Celebrate The love we've got Stop Say you're coming home Gotta stop tonight I love you stop Stop Still love you stop Stop Come home from the road Gotta stop tonight And let's celebrate Celebrate! All the love we got Stop! Say you're coming home Gotta stop tonight I love you, stop Stop! I still love you, stop Stop! Come home from the road Gotta stop tonight And let's celebrate Celebrate! Oh, love, we don't stop Say you're coming home Come on, baby. Oh. Well, well, well. If you want to see other guys Baby, I can let it slide You want a lover, you want a friend Mama, I can be both of them I got the tools to satisfy Just walk away I'm foreshadowed Come on baby, finish what you started I'm incomplete That ain't no way to get the broken hearted I need some sympathy I like to look the long run I like to take each step one by one Right on time and if you will arrive I keep the dream alive It's alive and it's kicking inside of me So come on baby please Come on baby, finish what you started Oh, I'm incomplete That ain't no way to treat the brokenhearted Oh, come on and finish me Baby, come on Come on baby, you say yeah Baby, come on Baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby, baby There ain't no way to treat the broken hearted Come on baby, finish what you started Give it There ain't no way to treat the broken hearted Baby, come on Take each step, baby One by one Benny, come on. Yeah. Come on. Benny, come on. I got the tools. I'm satisfied. Come on, Benny. Benny, come on. Whoa, whoa, whoa. Yeah. Benny, come on. Benny, come on. So come on baby So come on baby Now come on Now come on Now come on Just the other night at a hometown football game My wife and I ran into my old high school flame And as I introduced them the past came back to me And I couldn't help but think of the way things used to be She was the one that I'd wanted for all times And each night I'd spend praying that God would make her mine And if he'd only grant me this wish I wished back then I'd never ask for anything again Sometimes I thank God For unanswered prayers Remember when you're talking To the man who stares And just because he doesn't answer Doesn't mean he don't care For some of God's greatest skills Are unanswered prayers She wasn't quite the angel That I remembered in my dreams And I could tell that time changed me In her eyes to it seemed We tried to talk about the old days, wasn't much we could recall. I guess the Lord knows what he's doing after all. And as she walked away, well, I looked at my wife. And then and there I thank the good Lord for the gifts in my life. Sometimes I thank God for unanswered prayers. Remember when you're talking to the man upstairs. And just because he may not answer Doesn't mean he don't care Some of God's greatest gifts Are unanswered Some of God's greatest gifts Are all too often unanswered Some of God's greatest gifts Are unanswered prayers I'm a little bit older I'm just that off about the San Antonio With the radio blasting and the bird doggone Let the beat travel ahead to San Antonio No local yoga's gonna shut me down It's me and my boys got this rig unwound And we'll come a thousand miles from a guitar jam guitar solo I'm smoking in the Texas with a hammer down and a rocking little cover from the guitar town. Hey, pretty baby, don't you know it ain't my fault? I love to hear the steel bells humming on the asphalt. Wake up in the middle of the night in a truck stop, stumble in a restaurant, wonder why I don't stop. Well, I gotta keep rocking while I still can, got a two-pack habit and a motel tan. When my boots hit the boards, I'm a brand new man, with my back to the rise, we'll make my stand. Hey, pretty baby, won't you hold me tight, I'm loading up and rolling out of here tonight. One of these days I'm gonna settle down And take you back with me to the guitar town Thank you. The heart of the city's dream is beating Light from the neons turned to dark today We were too hot to think of sleeping We had to get out before the magic got away We were running with the night Playing in the shadows We looked you and I To the morning light We were running Oh, we're running through the night. We were looking so good, girl. Heads were turning. You and me on the top. We let it all hang. There was enough. We were burning. We were gonna go on the way And we never had a doubt We were running with the night Playing in the shadows Just two at night Till the morning light We were running Oh, I'm running with the knife We were so alone, you and me All the good ones, wild and free We did it all we got We laid it down Taking every shot We took the time We were running to the night Playing in the shadows Just you and I Yeah, it was so right You can pass me away You can pass me away You can pass me away guitar solo We'll be right back. I'm out. Thank you. You never say hello to you Until you get it already I know, I know You never know what you can do Until you get it outside Until you get to go Outer on the edge, it's always where I've earned the pain Further on the edge, I'm hotter than intensity Highway to the danger zone Gonna take it right into the danger zone Highway to the danger zone Right into the danger zone I'm away to the danger zone Gonna take it right into the danger zone Highway to the danger zone Highway to the danger zone Highway to the danger zone Gonna take you right into the danger zone I went through the danger zone Riding through the danger zone I went through the danger zone I must have dreamed a thousand dreams Been haunted by a million screens But I can hear the marching feet They're moving into the street Now did you read the news today? They say the danger's gone our way But I can see the fire still light Burning into the night There's too many men Too many people Making too many problems And now I must love to go round Can't see this is a land of confusion This is the world we live in And these are the hands we give up You then let's start trying To make it a place worth living in Oh Superman, where are you now? When everything's gone wrong somehow For men to steal, women to power Losing control by the hour This is the time, this is the place So we look for the future But there's not much love to go around Tell me why this is a land of confusion This isn't what we live in And these are the hands we give up You never let's stop trying To make it a place worth living in I remember your goal When the sun was shining And the stars were bright All through the night And the sound of your laughter As I held you tight So long ago I won't be coming home tonight My generation will put it right We're not just making promises But we know we'll never keep Too many men There's too many people Making too many problems Anonymous love to go round Can't you see this is a land of confusion? This is the world we live in. And these are the hands we give up. You never let's start trying. To make it a place worth fighting for. This is the world we live in. And these are the names we give up. Stand up and let's start showing. Just where our lives are going to This is your celebration. Celebrate good times Come on Celebrate Celebrate good times Come on Let's celebrate There's a party going on right here A celebration to last throughout the years So bring your good times And your laughter too We gon' celebrate your party with you Come on now Celebration Let's all celebrate and have a good time Celebration We gon' celebrate and have a good time It's time to come together It's up to you What's your pleasure? Everyone around the world Come on It's a celebration Celebrate good times Come on It's a celebration Celebrate good times Come on Let's celebrate We're gonna have a good time tonight Let's celebrate It's alright We're gonna have a good time tonight Let's celebrate It's alright Baby We're gonna have a good time tonight Let's celebrate It's alright We're gonna have a good time tonight Let's celebrate It's alright Woohoo! Woohoo! Celebrate good times, come on Celebrate good times, come on It's a celebration Celebrate good times, come on Come on and celebrate Celebrate good times Everything's gonna be alright Let's celebrate Celebrate good times Come on Celebrate good times I I don't know where it's going I took a long turn And I just kept going Everybody's got a hungry heart Everybody's got a hungry heart Put out your money And you play your part Everybody's got a Hungry heart I'm at a river, Kingstown bar We fell in love, I knew it had to end We took what we had and we ripped it apart Now here I am down in Kingstown again Everybody's got a hungry heart Everybody's got a hungry heart Spread out your money and you break your heart Everybody's got a hungry heart Everybody needs a place to rest Everybody wants to have a home Though there's no difference what nobody says Ain't nobody like to be alone Everybody's got a hungry heart Everybody's got a hungry heart Lay down your money and you'll play your part Everybody's gonna hold you up Everybody's gonna hold you up Everybody's gonna hold you up Lay down your money and you'll play your part Everybody's gonna hold you up Yeah. I got chills, they're multiplying, and I'm losing control, cause the power you're supplying, it's electrifying. You better shape up Cause I need a man When my heart is set on you You better shape up You better understand To my heart I must be true Love me, love me, love me, love me You're the one that I want You're the one that I want Cause I'm the one that I want I'm just the one that I want What I mean I'm just the one that I want If you're filled with affection You're too shy to convey Meditate my direction I feel your way I better shape up Cause you need a man I need a man Who can keep me satisfied I better shape up But I'm gonna prove That my faith is justified Yes, I'm sure don't keep inside You're the one that I want 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 I'm going to be, I'm going to be. I'm going to be, I'm going to be. I'm going to be, I'm going to be. I'm going to be, I'm going to be. I'm going to be, I'm going to be. I'm going to be, I'm going to be. Thank you. 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 Look and shine, look up my eye, thought you'd want a handful of fun Well I'd like to be with you, and you know it's Friday too I hope you can't afford the time this weekend to relax and unwind Moments that I've worked so hard How weak I cast my check I'm ready to go Before you I'll show you such a good time Come on baby Let's get away Let's save our troubles For another day Come go with me, we've got a mate Let me take you on an escapade Let's go! We'll have a good time Leave your worries because Well you could beat mine An escapade So don't hold back, just have a good time Break the rules up as we go along And break them all if we're not having fun Come on baby, let's get away Let's save our troubles for another day Come on with me, you've got it made Let me take you on an escapade. I'm just going, baby. Let's get away. Let's save our troubles for another day. Let's go with me. We've got it made. Let me take you on an escapade. Let's go. Let me ask me. We'll have a good time Leaving your worries behind Well, you could be mine And ask a bit I'm going to stay on Santa Claus Santa Claus I'm going to be I took a bit You got me there To go I promise you I'll show you Such a good time Come on baby Let's get away Feeling alone Let's see the troubles For another day See the trouble I'm going to be We got an eight Baby, come on, baby Take you on and on To everything I'm gonna be Let's get away Baby, come on, baby Let's get the troubles for another day Let's get the first love Go with me, we gotta make You're out of the way Hi, I'm Kathy Ploman. I am the council member for the 12th District. And the 12th District has so many horse farms out in it, and so I'm very, very excited to be able to represent. I have Anne Hardy with me today, and Anne is the Executive Director of Horse Country. And I'm going to let you tell us a little bit about Horse Country. How did it come to be, and what's it all about? Well, thank you for having me. We're excited to be able to share with our community about what we're trying to do. Visit Horse Country is a not-for-profit organization that was developed by the farms, many of them here in Fayette County, to open up and really invite the community and the leisure travelers that come here to come in and experience what our thoroughbred and horse culture is like, to experience the land and the horses, connect with them, really just invite people in and open the gates. So that is what our not-for-profit does by helping to itinerary plan, book tickets, help support and just market our beautiful horse country. Well, we are the horse capital of the world, so it makes sense for us to open our farms. How many farms or entities participate in this, Ann? We have 39 members that are a part of the organization from the beginning, which is really overwhelming, and about 30 of those give tours on a regular basis. So Darby Dan, where we are today, is one that offers tours and many other locations around the Bluegrass area. And if someone wants to tour, how do you do that? We have a website, so people can go to visit horsecountry.com Anytime they're interested in looking at availability. We also do have a partnership where you can book tours at a kiosk out at the horse park. I can do that. Yeah, we have a phone number that people can call, and we're always happy to help them plan a trip or schedule a visit. We do groups as well, so guests can come just any day that they want for an individual ticket, but we also work with a lot of groups and businesses that host visits as well. So if someone tours a horse farm, what do they do? What do they see? The great thing about Visit Horse Country and our various members is that every experience is going to be a little bit different. So we can really develop an itinerary or an experience that's tailored to every guest that comes in. At a stallion-focused experience, you're going to learn a lot about the breeding operation that happens, the economic impact of that. You'll also get to see some of the stallions. Typically those guys are a little bit more hands-off because they have big personalities. nursery farm you're gonna go and get to see mares and foals or maybe the yearling prep for the sales coming up at Keeneland or Faisic Tipton. You can go to a sale company and see the behind the scenes while it's happening. You can get a backstretch tour at Keeneland. You can have an owner-led experience at a different location. We also work with clinics and hallway feeds which is a huge company here in Fayette County. They provide feed all over the world for thoroughbreds and sport horses. I heard about that once and I didn't realize it was that big of an operation. I think that, I always thought that it was just horse farms, but it sounds like you go out and anything that kind of has to do with a horse, that that's what you, you're gonna give the access to. So that's really, now so you said, do you have a lot of local folks that go on the tours or? We do, I mean we want our local community to know that they're invited and to be a part of all of these experiences, but about 30% of our guests are local in the state of Kentucky versus 70% Thank you. The End ¶¶ ¶¶ Thank you. Thank you. ¶¶ Thank you. We'll be right back. seats we'll try and get this started Good afternoon and welcome. I'd like to welcome everyone here today on a fine fall afternoon, finally. I will call this meeting to order and first on the order would be approval of minutes from September 12th 2019 I have not heard of any changes if there are please let it be known now or otherwise I'll accept a motion for approval yes ma'am Mr. Chair I move for approval of the minutes for September 12th 2019 as submitted by staff Thank you. Ms. Mundy made the motion and Mr. Wilson seconded the approval for September 12, 2019 minutes. Please vote when it comes up on the screen. Motion passes. Thank you. Next would be postponements and or withdrawals from today's agenda. Yes, sir. Good afternoon, Mr. Chairman, members of the commission. My name is Matt Carter with Vision Engineering. If you turn in your agenda to page 4, item F, MJDP 19-58, Raleigh Bishop Carroll, Senior Property. This still has a recommendation for postponement, and I'd like to postpone for one month. I'd give the staff more time to review it. Okay, thank you. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion. That would be until November 7th. Oops. 14th. I'm sorry. 7th is the first week. Mr. Penn. Mr. Chairman, I move for postponement of PLN MJDP 1958 to the November 14th meeting. Thank you. The motion has been made and seconded by Ms. Mundy for postponement of Plan MJDP 19-56 Pleasant Ridge subdivision until November 14th. Please vote when it comes up on the screen. Motion passes. Thank you, Mr. Carter. Others? Any other postponements, withdrawals? Staff, do you have anything? Yes, sir. We do, as a matter of fact. I'd like to direct your attention to page one. Preliminary Subdivision Plans. This is Major Subdivision Plan 19-06 for Tuscany Unit 15. The applicant has submitted a request for a one-month postponement, but I will report that that plan is moving forward. Staff has reached an accommodation with the applicant, and it will go through the full review process and be brought to you next month. Okay. Thank you. I'm sorry Mr. Cayley's not here to see us today. The motion is for postponement of Tuscany. Anyone in the audience wish to speak to this request? Commission members? If not, I'll entertain a motion for postponement. Yes, sir, Mr. Wilson. Mr. Chairman, I move postponement for one month or until November the 14th for PLN MJSUV 19-6 Tuscany Unit 15. Thank you. The motion was made for postponement, seconded by Mr. Pohl. please vote when it comes up on the screen motion passes thank you others yes sir martin yes sir on page two of your agenda under development plans this is a major development plan 19-52 kids house child care center and it is located at 1449 and 1451 bryan avenue we have received requests from the applicant for a one-month postponement, and I will report that progress has been made on that plan as well, and we schedule a meeting with the applicant next week, in fact. Thank you, Mr. Martin. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion. Yes, sir. Mr. Chairman, I move for postponement PLN-MJDP 1952 for one month. Is that the November 14th meeting? Yes, sir. Okay. Motion has been made and seconded by Mr. DeMovlin for postponement of Plan MJDP 19-52 Kids House until November 14th. Please vote when it comes up on the screen. That motion passes also. Mr. Martin. Mr. Chairman. members of the committee directly below that previous plan on page two item b this is a major development plan 19-53 lexington superdome the central equipment staff has received a request for postponement on this plan as well and once again we have scheduled meetings with them to work on some of the outstanding issues thank you anyone in the audience wish to speak to this request for postponement. Commission members? Yes. Ms. Mundy? Thank you Mr. Chair. I move for postponement of PLN MJDP 19-53 Lexington Superdome amended postponed for one month that would be that November 14th date. Second. Motion has It's been made and seconded for postponement of Plan MJDB 19-53 Lexington Superdome for one month until November 14th. Please vote when it comes up on the screen. That motion passes as well. Mr. Martin, you got one more? I do. Last and not least is on page 5 of your agenda, item I. This, too, is a major development plan, 19-56, Pleasant Ridge Subdivision. lot 126. This was a re-approval request, and they have requested a one-month postponement. There are some outstanding enforcement issues, apparently, on the property that are trying to be worked through. Thank you, Mr. Martin. Anyone in the audience wish to speak to this request for postponement? Commission members? If not, I'll entertain a motion for postponement. Yes, sir. Mr. Wilson. Mr. Chairman, I move for postponement of PLNMJDP 19-56 Pleasant Ridge subdivision lot 126 until November the 14th. Thank you. Do we have a second? Second. Motion has been made and seconded by Ms. Mundy for postponement of PlanMJDP 19-56 Pleasant Ridge subdivision until November 14th. Please vote when it comes up on the screen. That motion also passes. Mr. Martin, do you have anything else? That's it from staff, sir. Okay, thank you. If that's the case, we'll move to the consent agenda items and let Ms. Wade walk us through that. Good afternoon, Chairman Owens and members of the Commission. We do have several items that appear on our consent agenda this afternoon for consideration by the Planning Commission. I'll read through those and then we'll ask if anyone on the commission or members of the audience wish to have any of these items pulled off the consent agenda for further discussion. The first item appears on page three of our agenda. It is item C. It's PLN MJDP 19-54 for LFUCG Housing Authority and the Connie Griffith Manor and Ballard Place. This is an amended final development plan for property located at 635 Ballard Street and 650 Tower Plaza. The next item appears on page 4. It's item E, PLN MJDP 19-57 for Anderson II Subdivision. This is also an amended final development plan for property located at 425 Charlesburg Road. this item has an affidavit regarding a sign which has been presented to the staff and it also does have a compliance statement which the planning commission should have at their seat related to ea mp the expansion area master plan compliance the third item on the consent agenda is on page 5 item g pln mjdp 19-59 for the zandale shopping center and greenleaf motor lodge properties this is an amended final development plan as well for property located at 125 east lowry lane and then the last item is a re-approval and it is recommended for approval by the subdivision committee page h oh i'm sorry page 5 item h pln mjdp 17-84 greendale hills unit 3 for property located at 1201 greendale road oops miss bullock indicated to me that she forgot to give you copies of the expansion area master plan compliance statement is it in the folder so our staff will hand those out if you'd like time to review them we can pull that off the consent agenda or we can take a few minutes to do that at this point I'll ask if there's anyone in the audience that wishes to have any of these items heard by the full Commission miss Clark could you come to microphone thank you I'm Amy Clark of 628 Castle Road I would like to have Zandal shopping center heard that is page 5 item g mjdp 1959 is there anyone else present who would like to have any of the other three items heard okay thank you miss wade uh we do have that before us does the commission need time to review this or they're good with it? They're doing it now. I think we're good to go ahead with it. So we do have a compliance statement before us. This is regarding Plan MJDP 19-57, Anderson 2 subdivision. We have now three items on the Kassin agenda. The Plan MJDP 19-59 Zendell Shopping Center was asked to be heard. So we do have three remaining ones that we can approve if you also wish. And we would need a motion on that. Yes, sir. Mr. Chairman, first of all, I have to recuse myself or abstain from the vote on PLNMJDP 19-54 Lexington Fair County Housing Authority. I serve on their board, so I think it's appropriate that I not vote. Thank you. Demonstrate on that. Okay. We still need a motion if that's what everybody wants to do. Yes, ma'am. Ms. Mundy. Mr. Chair, I move for approval of the consent agenda, withdrawing or bringing off the consent agenda, PLN, MJDP 19-59, Zandale Shopping Center, and Greenleaf Motor Lodge properties amended. And this? and including the memorandum that is in compliance with the EAMP. Thank you. So we have a motion for approval of the Kassin agenda with three items noting the compliance statement. It was seconded by Mr. Penn. Any questions? If not, please vote when it comes up on the screen. That motion passes. Thank you. So we will take the remaining items in order of the agenda, which takes us to page 3. Page 3, thank you. Page 3, bottom of the page, item D, it's plan MJDP 19-55 South Park Shopping Center. It continues on page 4. You do have a revision, staff recommendations. That's on a blue sheet before you. Ms. Gall. Good afternoon. As you had said, the applicant had brought in a revised plan to answer several of the questions. This is South Park Shopping Center, which is located off of Nicholasville Road at New Circle Road. On the outside of New Circle, we have Lexington Green over in this area. This is a large shopping center. and currently at one time tgis was up in here and currently this is all vacant and they're coming in for redevelopment for a restaurant in this area yeah that's that's an overall aerial of the property so this is what they're proposing for for parking in a restaurant in the rear portion of this property. Right here. Currently it's shown as three lots, but on Monday was our filing deadline, and they filed a plat to reconfigure the boundaries of the property into this one lot. As you can see, they have cleaned up their conditions. We just still have a few sign-offs and a couple other conditions that still need to be met. As I said, provided the final record plat for the commercial center is approved and recorded. They filed it on Monday. We have resolve options for the 15-foot landscape buffer property perimeter screening. On the previous plan, the previous development plan, they show a perimeter screening that goes down between the residential and the commercial. They were showing part of their parking lot into that landscape buffer. There's other ways to reduce the landscape buffer and do a different option if they would like to. We just have not heard how they were going to do that. The last one is resolve compliance with Articles 12-H and 12-8-I of the zoning ordinance. This is for the multimodal. And to be able to do that, we would like to see, as you can see, documentation of a multimodal improvement plan. We need to have LexTrans approval of the transit facilities that are located up on, let's see, The transit facilities are located up on Nicholasville Road. Right up in this area, right near the entrance point to come into the shopping center. They have a bus stop up here. So we want to make sure that they're still recommending approval on that. and then the MPO's approval of a rideshare accommodations on the property to meet the multimodal plan. With that, I open it to you if you have any other comments or questions. Questions for the Commission? No? Okay, thank you. African? Hi, good afternoon. I'm Adam Bender with CMW. We're okay with all of the new conditions the staffs laid out and so we'd like to request your approval. Thank you. Any questions for the applicant? No? Thank you. You're understanding what they're asking for? Yes, sir. Maybe they may want it they may not but if so we need to work with them. I I understand. Thank you. Thanks. Anyone else in the audience wish to speak on this? If not, no questions from the Commission. I'll close this part of it and ask for a motion. Yes, ma'am. Mr. Chair, I move for approval of PLNMJDP 19-55 South Park Shopping Center amended with the 12 conditions set forth by staff. Thank you. Motion has been made for approval and seconded by Mr. Hadley-Bell for PlanMJDP 19-55 South Park Shopping Center with the revised 12 conditions. If there's no questions, please vote when it comes up on the screen. Motion passes. Thank you. If I'm correct, we move to page 5, Plan MJDP 19-59 Zandell Shopping Center. No, I'm sorry. Yes, yes, that's correct. Yes. Mr. Markman. Mr. Chairman, members of the Planning Commission. Item G, Major Development Plan 19-59. It is the Zandell Shopping Center and Greenleaf Motor Lodge properties. Is it me or a magnet tech? Okay. It's normally operator error, but. Oh, and there we are. Members of the Planning Commission. Oops. Hmm. Okay. Oops. I'm doing it now. It is operator error. Okay. There we go. There's the area in question, but let me orient you. This is Lowry Lane in this location. Nicholasville Road is down here. This is the pharmacy, the Walgreens pharmacy. Oh, Charlie's is down in this location. Here's the athletic facility that's been there for some time now. Here is all the associated parking overall with the development. This is the area of amendment that is before you today. And they are proposing a Smoothie King operation in this location with a little bit of retail in this building. building you can see the alignment the access through here into this part of the development and it this leads all the way over through and behind the original zandale and out to zandale drive as well you can see how this aligns with the access easement that leads over to trader joe's and is heavily used in fact it you can get to malibu utilizing this access easement this alignment as a result of the previous amendment to this plan in order to create a full intersection at this location. Now, when this plan was originally brought to you, staff had recommended disapproval, and this body did disapprove that plan on a split vote at that time. The reason being staff had strong concerns about traffic in the area, and I know you all recall that conversation. There's some site distance issues with the Hill. And because of the commercial development, there's a lot of traffic, and Trader Joe's generated a lot of traffic. And at the time, the applicant then asked staff, what can we do to help rectify this situation and work with you? And they did a traffic study. That was the primary change in this particular instance. And as a result of that traffic study, if you look at number 10, resolve extent and timing of traffic control measures. that was the key result that came out of that study and we're looking at an extended median in this area as well as pavement markings and possible parking restrictions there was some discussion about closing this access there's a there's a plus and minus to that the the plus being the poor site distance and just reducing the potential conflict in the areas but this serves this entire development back through here for service vehicles and serves as a connection. So it was determined by our traffic engineers. They felt like at this time it was best to keep that. So we're down to a situation where we want to be sure we all agree on what can be done to help with traffic calming in this area and address the heavy volume of traffic, particularly in this area, in this location. They have proposed a note as well. The drive-through is the issue in terms of traffic generation, you may recall. And that was a development plan note, restricting drive-throughs. the uh the traffic study addressed this particular use and found that it does not generate your typical drive-through types of traffic that would be associated with fast food starbucks that sort of thing so to further address concerns about a drive-through because as you all are well aware we always worry once we have a drive-through we're always going to drive-through type of situation so they have restricted the square footage associated with the smoothie king to 1900 square feet and that is the sole purpose of this drive-through now the drive-through was redesigned and is much safer and much more functional than the original design and they they have a tremendous amount of stacking area in there so that that is not an issue but they they have put a note on the plan and should there be changes this plan will be back before you and we would evaluate your staff would and bring to you our conclusions if there's a new use to utilize that particular drive-through so again that's kind of the history on it uh we were we met and worked with them extensively they are here they have the gentleman with them that did the The traffic study and traffic engineering is, of course, here today, too, if you have any questions for them. You can see that your subdivision committee did recommend approval of this plan, and I'll be happy to answer any questions you may have for staff. Any questions for Mr. Martin? Don't see any at this time. Thank you. Applicant? I would say that traffic, Mr. Parker, you might plan on coming down after the applicant. We'll let the applicant speak. Good afternoon, Mr. Chair. Brandon Gross on behalf of the applicant. I appreciate your time this afternoon. Mr. Martin is correct. We have this plan has more or less been in front of you for over the last two years. As we have worked through the issues, I would like just to show, just to remind everybody. If we can put this up on. I'm going to show you the 2015 plan that is approved that we're allowed to build currently. And you'll see what Mr. Martin was talking about with some of the safety improvements that have been made that we're willing to make. But my client's cost, including site improvements and also the offsite improvements. My client has agreed to install the calming median in Lowry, the double lanes, putting in new stop bars on our side and some other things. More or less anything that traffic engineering has requested of us, we try to adopt into this plan to make it as safe as possible. So give me one second here while he warms up the bulb. If you see here, this is the 2015 plan. And you could look, point this in the right direction. If you see here now, we are allowed to build this building. We are allowed to install a drive-through lane. We are restricted, as Mr. Martin said, we cannot use it for any fast-forward. cannot use it for any fast food users. If you see here the stacking is would be much shorter it'd be much closer to Lowry Lane. We've eliminated that we put in a stop bar here we're gonna put a stop bar here we bring our new line and lane of traffic into here and circle it onto our site and I guess we can go back now to what Mr. Martin had up as the development plan. If you see here to alleviate some of those issues we now have stacking which does up to 10 which is double the amount that we need to have we like i said we eliminated this quick turn in brought it on to our site so even if there was track potentially cars coming out they would be on our site and in our parking lot we will build this calming median if the requested traffic which is an off-site improvement that we will place in there and then here we we've agreed to put in a double yellow line to discourage passing on the street as people come up the hill we've added in pedestrian walkways which we would not have to add on the current plan and so i think ultimately i think with the traffic study our work with traffic engineering and our staff i think we've got a plan that allows a drive-through but with its limited space of 1900 square feet there won't be any by our calculations the traffic increase won't be any different than if we were to build a 5,000 square foot building like we are now with the drive-through lane but just couldn't be fast food so I think this is a better plan I think my clients been very accommodating to adopt changes to make this a safer plan and we would recommend approval I'm here for any questions if you have any. Thank you, Mr. Gross. Any questions for the applicant? Not at this time. Thank you, sir. Mr. Parker, since traffic seems to be a concern here, I'd like to get your two cents worth. I know we did ask in committee and wanted it on record here. I'm Stephen Parker. I'm with Traffic Engineering. The applicant has worked extensively with staff to make incredible improvements to from the initial plan to this plan as reference was mr. statement there is stacking requirements that traffic engineering has in any drive-through that you have five cars the space provided in this is approximately ten cars further stacking would essentially be in the parking lane of the businesses that are developing this facility. It is a partnership, a quasi partnership with the Jim and the Smoothie King. Traffic did have some concerns about the back exit and sight distance. However, those have been mediated about as well as can be. It's not, we didn't feel as fair to ask the Smoothie King to resolve all the traffic issues here. However, they have gone above and beyond what is typical in dealing with developments, and they have made off-site improvements that they have said will be installed prior to the opening of the business. We essentially worked with them, and the island and the striping are essentially establishing a separation between a residential area and almost an introduction to the commercial area as you approach from the neighborhood heading towards Nucleus Hill Road. So we felt that this approach would not only slow traffic down, it essentially serves as a traffic calming, but also introduce a point of separation between where the neighborhood is and where the commercial area is. I can say that if this was a business such as a McDonald's with a drive-thru, we would not support this type of business. So we felt very comfortable with the proposal being a smoothie king. We looked at the numbers as far as time in a drive-thru, the number of traffic generated based on a very similar site in Ohio. we looked at the traffic study provided mr mcintosh prepared and we're comfortable with the development thank you appreciate that um i mean question yeah i want to yes you ready for me to ask him a question all right if you've got one yes thank you mr parker in our subdivision committee meeting it was discussed that if for some reason this should not remain a Smoothie King that it would come back to us based on the use of whatever they decided to do with it is that what your recommendation understands that that if for some reason Smoothie King went out and it went to a Starbucks or to McDonald's or whatever that we would have a chance you'd review the traffic study again we'd have a chance to see it again is that your understanding that is my understanding and like I said if this was McDonald's the the traffic study is based on the Smoothie King operations in Ohio so if another business came in that did not mimic that model the traffic study would be invalid that is has been submitted so as far as we consider then this would have to come back before this committee and look at it and reevaluate if it's appropriate or not. Thank you. I was trying to get that on the record. Thank you. Thank you. Any other questions? If not, anyone else like to speak? I'll say in favor of first. Why are others? Yes ma'am, Ms. Clark. I'm Amy Clark and I live at 628 Castle Road and I actually won a prize last year for not doing well with equipment. Thank you. So we'll see how we manage. I I have no real notes. I am speaking to you today because I have some friends in the area, Bill McAtee and Barbara Grinnell. Barbara Grinnell can't be here today. And I know the neighbors have worked long and hard on trying to make this a good place, an enhanced shopping center. Bill McAtee actually lives directly behind this part of the shopping center on Heather. And I've been corresponding with them this week, and Bill still objects to their principal objection is really that it's attracting traffic to the neighborhood. And it doesn't really support and enhance neighborhood livability. There's also a dumpster right next to the neighborhood. It's unfortunate that it couldn't be placed somewhere more commercial. I think it's interesting to consider the larger projections of the comp plan, and that's what we'll be looking at in what I have to say today, which is that our retail footprint is gigantic. We're moving away from all this retail. We're seeing things delivered to people's houses and trucks and mail order and so on. And so really I'm here today because this is just an opportunity too good to miss for everyone on the Planning Commission. You can now show that placemaking and the kind of forward-thinking development that the new comp plan is all about in collaboration with the community can really work. And I want to begin with the oft-heard statement that people come for a zone change and there are objectors. And it's very often said by the Planning Commission, well, really this is a final development plan issue. It's not something that's appropriate to address at this time. But we promise you we can make things a lot better or make things right or make things we can heed you when it comes to the final development plan. Well, this is the final development plan, and in fact it's a development plan where the planning commission has decided in the past that there shall not be fast food here because of the traffic volume and associated problems. And apparently you have a traffic study that says the volume will be less for this very, very particular business according to its Ohio location. You, as a planning commission, I believe, have the discretionary authority to say whether this use and this design for this use really fits here. And if not, I think you can say no, and I think that's what you're promising neighbors just generally, when you say we can do placemaking and we can make things better at the final development plan. So what I want to do is just walk through the big picture comp plan issues that I think are just very much right here at hand. And there B, which is environment, the sustainability policy that goes straight to reducing idling and drives through being a major source of idling. And then E, that's the balance between rural and urban. In the growth policy, we have a gigantic, we could call ourselves Bigfoot retail compared to the national average and so on. Placemaking targets more walkable places, and that's in D, which is the community's part. And then E, again, the balance, the idea of stewardship. What about the future generations? What about really doing something sustainable that is planning and tailoring a development that will fit even better in the future than it does today, or at least not worse? So here's sustainability policy number five. Reduce, discourage vehicle-oriented development patterns, such as drive-through businesses within the urban services boundary, especially in the core areas, and reduce parking footprints. And I would point out, too, you probably know that the MPO study has already been awarded. Nicholsville Road is to be the prototype for transit-oriented development, and this is quite the reverse of transit-oriented development. so it's noting that drive-thrus are the ones that produce most of the car idling that and traffic congestion has an impact on the environment and they note in particular drive-thrus are still widespread in the urban services area and some new developments include space for outlawed sales to potential drive-thru businesses which should be discouraged. So the point is that the larger picture, when we're talking about balancing our land and conserving our land, is to discourage drive-thrus as such. And this is a vehicular drive-thru business. It's a vehicle-oriented business. Where does idling happen? Drive-thrus are first on the list there. Two minutes idling is like a mile of driving. How much does it cost? If you eliminate 16 minutes of voluntary idling per day, that's $116 if you're driving a really budget car, or $233. Here's our Bigfoot profile. The horse up there at 71 feet per person. That's retail land per person, per capita in the city. It's half again what it is for the nation as a whole. It's ahead of all kinds of other countries. So if you look even at Cincinnati and then Lexington, we have Cincinnati is just slightly over the national average, and we're half again that. The next one, Growth Policy 10, support the enhancement, reuse, and redevelopment of underutilized property. And by underutilized property, a measure of that is the FAR, how much floor space relative to the land you're using relative to the footprint. And we're trying to encourage second-story development, third-story, residential, and so on. This is B3. A drive-through is a by-right accessory use in B3, but we're counting on you to have the discretion to say whether or not it can be well-designed and work here. And it is not adding any floor space. It's really mostly parking and paving and drive-through. It's actually quite a tiny building even, and certainly nothing on the upper story. The only residential I think you can get in B3 would just be the person who owns the business living upstairs. But not that, and not an office, not even a second story. Seems to risk nothing. So it would remain underutilized property. And it doesn't fit the changing retail landscape if we really are believing the planning staff and their research that people are going to ordering things online. They want experiences. They want more walkable areas. I won't go through all this. That was what was above. The city is currently home to 71 square feet of retail space per capita, one and a half times the national average, also compared to industrial countries and similar cities, and so on. It says at the bottom of the first column, as a city with a larger than average retail footprint, it is fair to assume Lexington will be disproportionately affected by changes in the retail market. So if we keep this Bigfoot profile and the world continues to evolve in what we hope may be better ways, we're stuck with more of that and less housing that we could, in general, employ land for than ever. And then they don't match, but just cut that out. As most retail centers are located along major high traffic corridors, and that would be Nicholasville Road, that's what we're targeting for transit to make mass transit viable. Okay. A growing number of residents prefer to live and spend time in areas that are walkable and well incorporated. And I think that's why the neighbors have been so involved in this project, because they do live right there, and they don't want a drive-through neighborhood. They want to be able to make these areas part of incorporate them into their community instead of suffering them as best they can. Housing and entertainment opportunities. Okay, the next one. This is actually to rewrite the zoning ordinance to bring more of these things into possibility. But the emphasis here is walkable. And if there's anything a drive-through oriented business is, it's not walkable. It's for vehicles. In fact, I have to be one of the few people that was scolded and told to leave a drive-through window at the bank. I could come back if I was in a car. But they pointed out to me, and I saw the reason in it. It's very unsafe to walk to and through a drive-through window. They were right about that. I don't think I've done it since. From a standpoint of developing great neighborhoods, and there's a great neighborhood right there, right behind it, there should be a focus on walkability. And they refer back to theme A, where you're talking about neighborhoods and designing them. And this, I think, is an interesting point. In theme A, when you're talking about neighborhoods, you put the impetus on the developer to make good plans that incorporate the neighborhood's wishes and needs. And this policy here is let's rewrite the zoning ordinance to make that easier to do. And finally, there's that cute picture of the children staring at the eclipse well-protected. And I like to think of children as well-protected and being outdoors. And it says we need to think sustainable. And sustainable economically may not be enlarging a retail footprint. Socially, it may not be encouraging or even allowing the sort of wasteful use of commercial land that will never give us housing either here or elsewhere when we badly need housing, especially multifamily housing along what could be a transit corridor, what we're hoping to turn into a transit corridor. environmental sustainability, just think about idling in your car. So I encourage you to think of the present and the future generations and their needs, and also to think of the past when this planning commission has honored and respected the difficulties in turning this into more vehicular traffic than ever. the sort of retail design where people never leave their cars. And that's something, in reviewing the plan earlier, you found inappropriate. And they've come with a study that says we do it in Ohio, and we're not as big and bad as a McDonald's in the volume or the timing. Maybe people don't buy smoothies at rush hour. I find it really interesting that you could take a use, a drive-through use, and say, yes, you can have a business named Smoothie King because they brought in some traffic counts of this sort. But no, you cannot have a business named, and it was named, McDonald's. If you're doing planning and zoning, if you're doing zoning and development plans, I hate to see that because I think the next person down the line will say, well, we're not a McDonald's either. We're a Burger King or we're a Starbucks. And I realize they brought in a traffic study. There are lots of traffic studies. What you've seen is what the staff as a whole, in consultation with the community, has said about transit-oriented development and retail footprint. So thank you. I appreciate your time. Thank you. Thank you, Ms. Clark. Any questions for Ms. Clark at the moment? No? Okay. Anyone else like to speak on this subject? If not, we'll go to the rebuttal phase. And I suppose Mr. Gross would have a comment or two. just a couple um just to clean up some items um number one i will say that i did reach out to mr mackatee and grunel and i've got copies of the letter if you guys would like put that put that in the record i sent them a letter on november 4th informing them that we had filed a new development plan and requesting that um they contact me to meet with them to discuss the development plan i never heard from them and like the record to show that miss clark cannot speak on their behalf unless she's a licensed attorney um so if we put that on the record please so anything in relation to that should not be considered um also i'd like to mention that as we discussed i discussed earlier currently when my client purchased the property it was allowed to have a five thousand square foot building so whether this plan as amended is approved today or not my client intends to build a building here but we're willing to reduce the footprint as part of this plan we've added so we've got a we've agreed to only shrink it over 20 percent we have agreed to put in increased pedestrian amenities on this plan that aren't required on the 15 plan and the traffic i mean the drive-through lane is allowed on the 15 plan we just cannot use it for fast food restaurants to get around the issue of staff and the Planning Commission saying only certain users are allowed to use this what we've attempted to do with our note was if we come in with a different use we need to talk with your staff and show them that the improvements in the traffic measures in this area would accommodate that new use not particularly the user but that new use. So for example, I would foresee an instance where I came in with a thank God it's yogurt if those are still around and the user would be very comparable to the current user in their use. If I were to come into Starbucks I can't say for certain but I would find it very unlikely that the staff would bring in before you the recommendation of approval for this site. So that's the reason we try to do that note to essentially not to allow a bait-and-switch and to control the amount of traffic in this area and lastly as to the traffic study mark's here he can testify to you mark is a you know a licensed engineer and he's done traffic studies all over this region the staff and traffic engineering respect his work and so i think his traffic study is a complete and accurate snapshot of both this area and our use and that's all i have thank you yes um hold on one second um i'll tell you what hold on just a second let me let me get through the rebuttal phase if i may and uh i'll come back to you mr de moglin for a question okay okay um at this point miss clark do you have anything as far as rebuttals of rebuttals? This will be quick. Thank you. I appreciate it. The fact that there is a 10-car drive-thru indicates that there will be some cars, and in fact, the drive-thru has been enlarged to accommodate more traffic than was originally on that plan when it already said no fast food. As far as the neighbors, there's an old proverb that water will wear away stone. And Mr. Gross has mentioned that he has worked for two long years with the staff on this plan, just in this phase of it. If we are really cultivating and stimulating and encouraging a collaborative approach between developers and neighbors, It helps if you don't wear down people who are novices, who aren't allowed to speak in certain ways and testify to certain things, and really heed their concerns. The back aisle is something that the traffic engineering isn't altogether happy with. They just think that it shouldn't all be on the shoulders of the smoothie king. it will be on the shoulders of the neighborhood. Thank you. Staff, anything as far as rebuttal? I think staff is more in a situation to try to clarify a few things and flesh out some background and how we find ourselves here today. The drive-thru was a restriction placed on this property, the particular type of drive-thru, through traffic engineering sign-off. It wasn't anything that this body did. It came through the sign-off process. And again, that was a very legitimate concern based on the amount of traffic and the activities in the area. So that's kind of why we're here, and that is why the applicant has said they could have other types of drive-thrus, because that is true. There was a specific concern about fast food and the amount of traffic that that particular business does generate. And then there's other items, and I don't want to belabor things. You heard an awful lot of information, a lot of information that's very valid through our zoning process and our comp plan process. I would clarify that without a zone change, the B3 zoning doesn't allow redevelopment for housing like the B6P does or even B1. so uh the the possibility for any kind of multi-family housing in this particular zone would not be uh would not be uh happening unless there was a zone change so again just just to clarify a few things for you and help you understand where we are today thank you mr martin mr parker do you have anything to add as far as rebuttals just for clarification I don't have any personal things against McDonald's. Most people know what a McDonald's is, and the intensity of a McDonald's is much greater than, say, a Panda Express or other fast food facilities. The intention was to illustrate just the type of business and the intensity of a drive-thru. That was the sole purpose of pointing out the difference between a McDonald's and a Smoothie King. I could have named a number of fast food facilities. No intention whatsoever of singling out McDonald's or any other business. The intent was to illustrate only the intensity of the drive-thru. And that we looked at this, as I believe we should, on a case-by-case basis. I think it's unrealistic to classify all businesses as bad or good. We need to look at these traffic studies very critically and in a fashion that is realistic. And I can say that I do not believe that there will be any effect whatsoever on the back entrance with the Smoothie King going in. There are accidents that happen there now. Whether a Smoothie King goes in there or not. The fact that the Smoothie King developer has made concessions and is trying to improve the situation off-site is more than what is typically provided by any developer. And I believe we may end up with a better situation, even with that business going in, simply because of the improvements off-site that are being made. Thank you, Mr. Greer. Mr. Parker, I'm sorry. So we've gone through rebuttal. I'm going to close the public comments section and open it up for questions and or comments from the commission. Yes. Mr. DeMoflin. Yes. Yeah, I've got a concern about the dumpster. Have you looked at alternate locations that aren't adjoining the residential property? We have, and unfortunately, given the current layouts, originally the dumpster was going to be if we can put the development plan back up thank you I'm a written but first off welcome to the Planning Commission and every Thursday afternoon for you and so but I would say originally the lane where it was going to come out closer to Lowry Road was gonna allow us to put a dumpster in that green space which would be the western side of the building but But when we redid the lane, essentially that was about the only space that was left for the dumpster on the site. However though, we would be willing to look at putting it into the drive lane, but I don't think traffic engineering will want the dumpster and the drive lane backing up where cars are coming in to pull into the Smoothie King. So we're a little bit limited on where we could locate the dumpster on the current site. But we're willing to work with sanitary services, and I believe that's one of our notes, is that we have to get a sign-off. So they may tell us to move it in another location, and we're open to that. Other questions? No. If not, oh, go ahead, Mr. Probe. notice the retaining wall between the building and in Lowry Lane I'm wondering what kind of landscape provisions are intended along that along that line I'm assuming that's right here no uh parallel to the building right there yeah yeah currently we have um trees planted here um it's gonna be it will continue as trees and grass in this area uh mr martin and i have discussed many times of the um mulching of those trees and i have spoken with my client and their landscaper is supposed to be rectifying that situation in the next week or so um but yeah that's currently there we have a street trees and we're going to continue to keep those street trees there yes yes thank you i'll ask my same dumpster question of the staff was there an alternate location that's not adjoining the residential for that for the dumpster you know that dumpster location has been an issue from the very beginning on this plan because of the relationship over the years with that neighborhood. The one mitigating factor is there is an extreme change in topography at that location. That dumpster backs up against sort of a small cliff where they cut the hill away. So it sits well below the residential property. Now, that's somewhat cold comfort to people that hear the noise of the truck and that sort of thing. But it has always been a difficult situation in this situation. It's always been a difficult question. So I think they're trying to make the best because it does need to function and function safely. Mr. Nickel. Yes, I've got a question from Mr. Martin. Can you read to me the note 12 that's referenced on the development plan? It's cut off on our screen. And that's the one that's referencing the use, I believe. I just want to hear the language. Mr. Gross just provided us a nice, beautiful copy. So I'm going to put it on the overhead, and then we'll read it. Together. A fast food user with drive-through facilities shall be limited to a space slash unit with a maximum of 1,900 square feet, and any other fast food use for such space slash unit not listed in this development plan shall require a minor development plan amendment to determine that traffic engineering and planning concur that current or proposed traffic improvements will accommodate such other fast food use. And I think that the purpose of that, in the first iteration, it was a 5,000-square-foot building, then became a 3,900-square-foot building, and then in order to reduce the traffic count, you all then put note 12 to reduce the user of the drive-thru down to 1,900 square feet. Is that the process? That is correct, yes. So the building will be 3,900 square feet now, but the fast food user can only have 1,900 square feet of that building. The other 2,000, our 10 is to make it retail. Other questions? If not, I'll take comments. Mr. Penn? You know, I was – we've been looking at this for a long time. We made the zone change. and miss clark i just want to respond to some of the things that you brought up i think they're very well intended but those questions should have been brought up at the zone change with the preliminary development plan now you're asking us to go back and change something that we've approved two years ago and i'm not saying we can't but what i am saying is it's pretty late in the game to do that so the applicant has made a lot of changes to this development plan your argument is is that there shouldn't be a drive-through there at all. We've already plowed that ground. When we approved the zone change with the preliminary development plan, the argument was not whether it's going to be a drive-through or not. The argument was going to be what kind, how long, and how many. And so I'm just saying this because I think it's it gets to the heart of what we're going to be doing from here going forward. The place builder, all this type of thing that you brought up are very valid points that we have to consider right or wrong we have considered those at the zone change stage and preliminary development stage and i don't me personally i don't want to go back and replay that ground so i just want to make that statement i don't expect rebuttal i just want to make that statement for the record thank you other comments yes go ahead Well, I'd like to say, same as Frank, we looked at this plan a lot. And to use one of Frank's famous sayings, you know, this is 10 pounds of flour going into a 5-pound sack. I've got that back. No, I don't. Anyway, it's a lot of flour going into a little sack, or as was said, it's a Bigfoot profile but a tiny building. I think based on what is already approved, this is a huge improvement for what is trying to happen there. And I think with that number 12 restriction on there that staff will have opportunity to look at it if Smoothie King doesn't make it, I think that gives me a little bit of comfort about what's going on here. It is a congested area, but I think it would be more congested with the plan that you already have that could be built. So I like this plan a whole lot better, and I'm a lot more comfortable with what's going on there. So, and again, I like the fact that it limits the use. So I thank you all for your hard work. Other comments? If not, I'll close it with just a couple. One, we're always charged with whatever you want to call it, infield redevelopment, utilizing vacant land. This was a vacant lot. It was said in subdivision that, you know, the Smoothie King folks are the last ones in on here and kind of catching the brunt of a lot. I would agree with that. They're working very hard to accommodate the whole development. That whole development will utilize that exit, entrance and exit. And as our traffic, Mr. Parker, has indicated, they have worked hard to make the best possible situation of this scenario. And that's what we're here to do as well, particularly in a development plan. Mr. Penn was right. A lot of Ms. Clark's comments would have been zone change wise but still we're here today looking at development plan and we've got to make it the best possible that we can so I think that's where we're headed. If there's no other comments I'll close. Yes, sir? I do have one more comment. I wanted to thank Amy for reminding us of some of our responsibilities, but I do agree with everyone else's comments with regard to timing and applicability. One thing does stick in my crawl a little bit, and that is that there is an opportunity to improve, to do some placemaking here, by thinking about landscaping, and I don't think it's being taken advantage of. The aerial photo indicates that there are two street trees kind of falloranly placed along the sidewalk. I don't see any other landscaping at all. I would really like to see some sort of provision to improve the experience of a pedestrian walking along that sidewalk past that space, particularly in light of the fact that there is a retaining wall between the sidewalk and the drive-through. And it seems to me that the top of that retaining wall should be planted so that the view of the idling vehicles would be diminished or eliminated for anyone who's on the street there. If I may. Thank you. Let me say this. For Mr. Pohl, thank you for the comments. Where we are at this stage, I don't want to reopen everything, but Mr. Martin, I think clarification. Just very briefly, because Graham is correct, and it's an excellent observation. This plan is governed by Article 18, which is your landscape ordinance, and they will have to submit a landscape plan. And they need zone-to-zone screening in this area, as well as the street trees and as well as BUA screening. And that will all be helped by that change in relief. So I think unless you felt the need to impose additional landscaping, I believe that Article 18 should very much help accomplish the goal of addressing Graham's concerns. Very good. One last chance. Any other comments? Yes, sir. I love the traffic calming medium. I happen to use this frequently because my parents live on Heather Way, and I'm their primary caregiver, and I get their prescriptions from the pharmacy there, so I'm driving in there weekly at least. And that traffic calming medium is going to make a big difference there, big, big difference. Very good. If there's nothing else, I'll close this and call for a motion. Anyone interested in making a motion for this? Yes, sir. Yes, and also I'd like to preface my motion by saying that I appreciate the applicant's perspective in terms of trying to work with the community. It's not always successful, but trying to do the kinds of things that we want to as it relates to that 2018 comprehensive plan. So I appreciate your willingness to work with staff, the community, and everyone else. To that end, I'd like to propose approval for PLN, MJDP, 19-59, Zandale Shopping Center, and Greenleaf Motor Lodge Properties with the 10 provisions or 10 elements as identified by staff. Thank you. Presented that proposal as a motion. it is I'm sorry I did say I approve yeah motion has been made for approval of planning JDP dash nineteen fifty mountains and no shopping center with the ten conditions it was seconded by Mrs. Mundy no further questions please vote when it comes up on the screen motion passes thank you thank you all Thank you, Ms. Parker. We move to, I believe, if I'm correct, our last page, page 6, under staff items, it's planned to be PLN FRP 19-31, Preston Subdivision. Okay, we'll get this. Mr. Martin. Mr. Chairman, members of the committee, the staff item that we are bringing you this fine afternoon is a final record plat, 19-31, Preston Subdivision, Lot 28. And this is property over on Maryland Avenue, one of the older subdivisions in our community. here you can see the proposed property that they are asking to have subdivided right down roughly through the middle not quite the middle and here's their frontage along maryland jefferson street would be down here in this location now what's interesting about this it was first filed and staff reviewed it and we were we were thinking about infill and redevelopment and small lot provisions and that sort of thing. And it suddenly kind of dawned on us, well, this is a new subdivision. So they found themselves in a spot where they couldn't meet the standards of the subdivision regulations on the required lot size. Some additional research was done, some conversations with the applicant, and we found something that we've used before before this body it doesn't happen often but it's there it's been there a long time and in chapter four of your zoning ordinance there is a provision that governs non-conforming lots when you have a community of our age and you institute land use controls and zoning controls well you have a lot of properties that pre-existed long before those controls and thus we have non-conforming provisions so what we make sure i get this right there's the site by the way on an aerial photograph you can see it and i point there's two houses and that is the key to this subdivision folks there's two houses on that oops let's keep going come on oh there we go and here we are under your zoning ordinance 4-5, and we've outlined it for you under I, it governs nonconforming lots. And basically it says the commission may approve the subdivision of a lot which has two or more legally constructed principal residences in two separate parcels for the purpose of the sale or transfer of the individual residences. You are required to make a finding of that situation. And in addition, the applicant has to document that that is in fact the case. In the past, we've used utility bills and that sort of thing on a couple of instances that I can remember. In this particular situation, there's a copy of one of my favorite things, and I invite you all to come to my office anytime you want and look at the Sanborn maps, the old fire insurance maps, and they go back to the 1800s. They proceed all the way up until the 1950s, I think, maybe even later. they were being modified. And in 19, oops, go back. You see that date we wrote down there for you? This was a 1934 update of the Sanborn maps. And see what we have right there? There they are. The two houses were built on this lot. They were shown as a separate lot because that's how they did it. But there were two principal dwellings. It was not two lots. It was actually just one back then. That's how they showed it because there was two principal structures on the lot. There's the evidence that staff believes is more than adequate for this body to find that this is a legal subdivision of this property and that is what we are recommending you today. We're recommending approval subject to your finding that it is a legal subdivision of the property under article 4-5A. And I'll be happy to answer any questions you may have. Questions? Yes. Today, are there two separate detached dwellings? Yes, sir. And have been for many, many years. That's really not unusual in a lot of our older neighborhoods. They used to create a lot of 25-foot lots. And people would buy 25 here, 50 here, pieces, and all that sort of thing. And I could give you a lot of planning history, and it would give me great pleasure to do so because I like talking about it, but that's why we brought it to you today. Other questions? Let me ask this, Mr. Martin. Did you mention nonconformity? Yes, sir. These will be nonconforming lots. Okay, so I think we're charged with making things not more nonconforming. With these two being nonconforming lots now, what can be done on this property? Let me throw out a scenario. Can the buildings be demoed and rebuilt to much larger? They would have to meet the existing footprint or they would have to meet the existing setbacks. so okay yeah it's okay yes I've got a quick question for you is the reason that they're non-conforming because the lot size or is smaller than 15,000 feet it is non-conforming because a lot sizes are too small under what would be required for the zone yes sir others I'd like to speak on this no okay Curious question, Mr. Martin. What zone is this? R1E. R1E. It was down zone some years ago to try to protect Maryland Avenue. Okay. Any other questions? If not, it seems like no one else wanted to speak. I'll close this part of it and open it up for discussions and or motion. Anyone? I'm going to see if I can do this correctly, but I would make the motion to approve PLN FRP 19-31, Preston Subdivision, Lot 28, citing the staff's recommendation and Tom's findings. How's that? Tom's findings. Okay. I presume that's including condition nine as far as... Second. findings okay good deal motion's been made and seconded by miss mundy for approval of pln frp 19-31 preston subdivision with the nine conditions any questions if not please vote when it comes up on the screen the motion passes thank you folks it was noted we do have one other report it was reminded to me that we do have performance bonds and letter of credit i believe um for approval uh is it out on granica somewhere yes okay um so uh anyone wants to go there you can look at it to get it to prove we need a motion yes ma'am yes I move for approval of performance bonds and letters of credit as shown on the granicus second motion has been made and seconded for their approval performance bonds letter of credit please vote when it comes up on the screen And release. And release. I think release has to be. I have to say release. I second the release. Release the letter of credit. It would be nice if we saw it. So that motion did pass. Under another staff item, improvement plan progress report, This is for Plan MJDP 19-57, Anderson II Subdivision. Mr. Martin or Ms. Wade? They don't require any action. Yes. They're for informational purposes only, don't require any action by the body. Correct. It's basically a report on where they stand with their infrastructure. Do we have a report? Pardon? Is there a report? Do we have a report in hand anywhere? I thought we did, but... We don't have it. Is it... Generally, what they do is they submit that to engineering, and then we are supposed to get a copy. Ms. Wade. Ms. Bullock said she forgot to attach it to the agenda, so we will put it on in two weeks. Okay. Okay. So no actions needed, but it will be on in two weeks. Yes. Any audience items? Mr. Duncan. Thank you, Mr. Chair. I want to remind you all of the Planning Commission work session a week from today, next Thursday. In the Phoenix building, we have two reports. One of them is the annual water quality training, so you will get training credit for that. and then there will also be the annual report from the PDR program. So the chair of the Real Land Management Board and the director of PDR will be there to make that presentation. And then we'll also follow up with our second class of urban design, Urban Design 102. So that will be part of the presentation on Thursday, and that will also account for training. So we hope you all can attend next Thursday in the Phoenix Building at 1.30. Yes. And we're still on for the 21st, right? Yes, Mr. Chair, Mr. Penn, the continuation of the public hearing for accessory dwelling units will be at 1.30 on Monday, October 21st in this room. Let me add, I apologize for not being here for the ADU discussion. I would say I did watch the lively conversation, and I appreciate everyone as far as commission members' attendance and attention to detail. it was told to me by mr. Duncan that two things one they will be getting information as they have promised out next week to everyone so be looking for that and if I'm correct you said it would be put out on the website as well so it'll be there for everyone to review and just one note they did mention it It appears that our zoning hearing will be in the Phoenix Building at the last Thursday of the month. And actually that's not the last Thursday of the month. It's the fourth Thursday of the month. It's our zoning hearing. I'll put it that way. So just a heads up on that. So anything else? If not, with your all's permission, I'll call this meeting adjourned. Thank you. All right. All right. Thank you.