. Good afternoon. We'll call the meeting to order. And, um, for the record, I might wanna add today that about six weeks ago, the commission elected new officers. And, uh, Mr. Frank Penn was elected chairman. I was elected vice-chair. At that point in time, I told him that for the next year, he could not be ill. And he could not take a vacation. Um, you might notice that, uh, uh, it's pretty obvious that vice-chairs have no influence, no power. And I have no experience. So, uh, with the help of the pa- the patience of the audience and the, the help of the staff and the commissioners, we will try to muddle through this as best we can and, and try to make this as painless as possible. Um, with that being said, um, do I, um... Are there any corrections or additions to the minutes of the July 9th meeting? If not, do I hear a motion to be approved? Mrs. Chair, I'll, uh, move for a motion to approve the minutes of the July 9, 2009 minutes, uh, a- as written. Second? Second. We have a motion and a second. All in favor? Aye. Motion carries. This time, we'll, uh, take any postponements or withdrawals. Madam Chair, members of the commission, I'm Rory Kayley with EA Partners. Uh, first item on your agenda, plan 2008-76F Bogia Estate Lot 1, request a one-month postponement to the September 10th meeting. Is that September the 1st? Or- 10th. 10th. September 10th is your- Is that correct? ... next meeting for subdivision items. Yes. Is there anyone in the audience that would like to speak to this? If not, do I hear a motion to be postponed? Yes, ma'am. Mr. Chairman, move, uh, postponement of plan 2008-76F- Second. ... September 10th. Motion's made and second. All in favor? Aye. Aye. Opposed. Motion carries. And on page six, top of that page, DP2009-34 Beaumont Farm Unit 1, Section 1, request a one-month postponement to September 10th. Is there anyone in the audience that would like to speak to this? Seeing none. Uh, do I hear a motion for postponement of DP2009-34, Beaumont Farm? Madam Chair, I move for postponement of DP2009-34 for one month. Is there a second? Second. With that motion and second, all in favor, say, "Aye." Aye. Aye. Motion carries. Thank you. Thank you. Are there any more, uh, postponements or any withdrawals? A- at this time, then I will, uh- Excuse me, Madam Chairman. The staff has received- Oh, I'm sorry. ... some postponement requests. Thank you. Mr. Martin. On page three of your agenda. Okay. Item F, we have received a written request from the applicant. This is plan 2009-72F Lansdowne Merrick Subdivision Unit 3A. And the applicant's, uh, land surveyor has requested a one-month postponement on behalf of his client. Okay. Is there anyone here who'd like to speak to that? If not, uh, I'll entertain a motion that we postpone that to September 10th. Yes, ma'am. To the September 10th meeting, uh, plan 2009-72F Lansdowne Merrick Subdivision Unit 3A. Ms. Chairman, I'll move for postponement of 2009-72F, uh, until 09/10/2009. Second. I have a motion and second. All in favor say aye. Aye. Opposed? Motion carries. A- and Madam Chairman, on page four of your agenda, item H, plan 2009-74F Harold Black property amended. We have received a request from the applicant's surveyor for a one-month postponement. Is there anyone here who would like to speak to, uh, plan 2009-74F Harold R. Black property amended? If not, do I hear a motion to postpone? Madam Chairman, I move for postponement of plan 2009-74F until September the 10th. Second. Motion's made and second. Any ... All in favor say aye. Aye. Opposed? Motion carries. And, Madam Chairman, on page five of your agenda, item A under development plans, we have received a written request from the applicant, who is in the audience today, to indefinitely postpone plan TP2009-27, Ramsey Sullivan property amended. Is there anyone in the audience who would like to speak to this? If not, do I hear a motion from the Commission? Yes, Madam Chairman, I move indefinite postponement of DP2009-27. Is there a second? Second. Motion's made and second. All in favor say aye. Aye. Opposed likewise. Motion carries. And that's all from the staff. Thank you. At, uh, this time, we'll turn the, uh, meeting over to Mr. Salih, uh, for the consent agenda. Thank you, Madam Chair. Members of the Commission, good afternoon. Uh, there are more than 10 items that qualify for consideration for no discussion items as part of your consent agenda. Uh, the first item that appears on your consent agenda, appears on your regular meeting agenda on page three, is item D, an amended final plat, plan 2009-70F for Engleside Apartments. As I mentioned, this is an amended final record plat for property at 1201 Devonshire Avenue. The next item on your meeting agenda, item E on page three, is also on your consent agenda, plan 2009-71F, an amended final record plat for Brock McVay and Barry Dotson property Unit 1, Lots 1 and 3. This is for property at 1063 East New Circle Road. The next item on your consent agenda is o- on page three, item G of your meeting agenda, plan 2009-73F, a final plat for Lexington Housing Authority. This involves property at 898 Georgetown Road. Another final subdivision plan recommended for approval by your subdivision committee and also on your consent agenda is on page four, item I of your meeting agenda, this is an amended final record plat for plan 2009-82F, Lochmere Subdivision Unit 2, also known as Andover Hill, and it's a portion of that unit. This is for property on Ginger Mill Lane. The next item on your consent agenda is the next item on your meeting agenda, page four, item J, plan 2009-83F, Marshall Property Unit 2J. This is for property, uh, it's a portion of 3000 Leestown Road. The next item on your meeting agenda, item K on page four, is also on your ma- uh, consent agenda. This is an amended final record plat for two, plan 2009-87F, the Mahan property Lot 1, amended. This is for property located at 4057 Mooncoin Way. The last subdivision plat on your consent agenda is on page five, item L of your meeting agenda, plan 2009-88F, a plat for Commonwealth of Kentucky property for the University of Kentucky. This is for property located at 351 Scott Street. There are two development plans that appear on your consent agenda. The first item o-, on the draft dated today has already been postponed. The second plan appears on page six, item D of your meeting agenda. This is DP2009-49 Interstate Service Center Amendment Number 26. This is for property located at 1927 Stanton Way. Final development plan that has been approved by your subdivision committee appears on page seven, item E of your meeting agenda, DP2009-50, the BM Cole Estate, amendment number 51. This is for property located at 351 Scott Street. ... also known as Karman Property LLC. This is an amended final development plan for property at 651 West New Circle Road. In addition, there is one item that has been recommended for reapproval by the staff that has been approved by the Planning Commission within the last three years. That item appears on page seven, item G of your meeting agenda. This is DP2008-12, a final development plan for the Hope Center Apartments located at 1518 Versailles Road. Madam Chair- ... if there's no, uh, item that the Planning Commission and an applicant or a member of the audience wishes to have be removed from this agenda, uh, the commission can consider approval of these items at this time. Thank you, Mr. Salley. Is there- Thank you. ... is there anyone in the audience who would like to, for the commission to hear any of the items on the, uh, consent agenda? Being none, are there any commission members who would like to have us, like to hear? Yes, Madam Chairman, um, I'd like to hear, uh, um, the p- plan 2009-83F Marshall Property- Okay. ... located 3000 Leestown Road. Are there any others? If not, do I hear a motion that we approve the consent agenda, removing- Yes, there is one more. Oh, all right. So- I would like to hear plan 2009-87F, the Mayhan Property on Mooncoin Way. Are there any others? If not, do I hear a motion that, uh, we approve the consent agenda, removing, uh, plan 2009-83F Marshall Property Unit 2J and plan 2009-87F Mayhan Property Lot 1 Amended? Madam Chairman, I'll move for approval of the consent agenda as read with the exception of the Marshall Property and Mayhan Property. Do I hear a second? Second. All in favor say, "Aye." Aye. Opposed? Consent agenda passes. Thank you. The staff will be prepared in just a moment to begin the, uh, discussion plan items. Thank you. Mm. Why don't we get him closer to us? Madam Chairman, Members of the Commission, I'd like to direct your attention to page two of the agenda, item B, which is plan 2939F Ramsey Sullivan Property Unit 3 Section Two, Lots 33 through 45, which is a final record plat. And in conjunction with this final record plat, I'd also like to direct your attention to DP2009-45, which is on page six of your agenda, which is the development plan. Page five, yes, m- uh, page six, pardon me. Page five is one that was indefinitely postponed. That, mm, that... Three Ramsey Sullivans on the agenda. That's down from four on the previous agenda. We do have, uh, again, the development plan on page six, which is associated with this record plat. It is Unit 3, Section Two, Lots 1 through 44, and that's what you see, uh, on the boards before you. The purpose of these record plat is to... ... plat townhouse development located on Kittenjoy Circle, which is off of Meadow Sweet. This is the Ramsey Sullivan development, which is off Georgetown Road. It is, uh, a large development. Uh, this area in the front was a multifamily proposal that you have seen and approved. In the far back, the one that was just postponed is also a multifamily development. This is an area of single family development here and in this area of the development. Uh, again, these are townhouses that they are proposing to plat, again, off the cul-de-sac here and here. And this is the amended plan that you're looking at here. This is the previously approved plan. Again, to orient you with the, uh-- and pardon me, I'm talking about the development plan there, not the record plat. I wanted you to see the development plan and the proposed development in the layout. Here is the approved record plat. Here is the amended record plat. And again, the purpose of the plat is just to subdivide the property. You previously approved this section right in here, which was consistent with this layout here. In the course of reviewing these plans, we've had a, a problem in just clarity of information and understanding where the easements and any conflicts that existed because they have shifted these townhouses this way in order to open up this access, in order to allow rear access to these townhouses where previously, they had front access. And that is, in fact, as you can see up here, when they brought this in, again, they desire to create rear access to these townhouses. Uh, the issue for the staff, again, originally, we lost information on the amended plan. We were having trouble verifying, uh, building coverage, dimensions. We discovered some conflicts with easements and building envelopes and, and that sort of thing. And we have been working with the applicant, and they did bring us in a revision yesterday morning, which staff found on the development plan to be much clearer. They've addressed a lot of the issues just in that we can see now clearly where they're proposing their access and entry. All the buildings are back. They've given us floor area ratios and similar information as requested that is consistent with the underlining zone. Again, the record plat, which is gonna create these lots and, and establish easements is here. We do have a concern that you can see on your agenda about the easement for the street lights. There's... And it goes through this townhouse. And obviously that's a conflict if you look at your agenda where, um, stating that we recommend that that conflict be resolved prior to certification of this plan. Uh, that process, we believe now is underway. When these plans were previously filed with you, they were not. They had not yet instituted that process of releasing that street light easement. Again, staff had had some problems with the previous submissions and just recognizing how this would work in relationship to existing easements. Um, I'll direct your attention to the record plat requirement that stated, uh, on this blue sheet... Um, pardon me, development plan. I've got two plans. Your development plan requirements is on the blue sheet. Staff has reviewed this and we've, we've revised our, our recommendations. Mr. Barton, excuse me for inter- in- uh, interrupting you, but, uh- No, yes ma'am. ... uh, we seem to have some confusion up here as to- Is, is the plat, the sets of plats on the right, are they not- Uh- ... they're not oriented the same way as the plats on the left, are they? Here is your development plan that covers the entire property. Here is your record plat. Here is the entire property. This is this section, which is under consideration, and here is the blowup, a closer... Okay, so we're only talking about the lower right corner. They're down here, yes ma'am. That's... Thank you. Ah, yes. Oh, thank you, um- That was my confusion. Yeah, that's... Yeah. Again, we wanted you to see the overall relationship. Here's as approved. Here's the area of amendment in this, this area here. And again, they're shifting all this this way in order to allow this access. That's the purpose of the amendment. Again, we got the revision yesterday morning. We completed our review. We prepared a blue sheet on the development pla- for you, um, with revised recommendations. The new development plan, we are very pleased to say, has addressed many of our concerns. Uh, they've addressed a lot of the conditions that existed on the original review. We have maintained that several of these conditions where they had not provided the information still be maintained as a clarification. We've gone over 'em, we're happy with 'em, but we wanna be absolutely sure that the numbers are going to match when we're ready to certify this plan. As for the record plat, the key to the record plat has been this development plan. Uh, they filed it and it did not match. And of course, staff said, "No, it's gotta match." And that was, that was a problem. Now- They have not revised the record plat, but again, the key having been they've revised the plan, and so now they match. Staff is comfortable with the record plat as well, although there are a lot of cleanup conditions and information that they will need to add. The key in that discussion, staff believes, is the access easement, which you see here, and through here, again, back through here, there was, actually there is, a drainage easement through here, and a swell required. And staff became concerned about how that would function relative to paving and access and, and those types of easements. Now, having, um, easements paved is not necessarily a problem, but having a swell and drainage work, staff was concerned about how that would work. The applicant met with engineering, planning staff has met with engineering, discussed how that would work. Uh, we've gone over the plans and how this is going to be designed to function and how it will drain. Uh, engineering has shared with the staff that they have a high comfort level with the solution and with the notes that exist on the plat, and there are notes on the plat that specify finished floor elevations, and maintenance, and specify how the swell will function in relationship to the stormwater system. A- and with that discussion, I would add that on plan 2009-39F, the record plat, that item 23 could be changed from discuss to resolve. And with that, staff can recommend approval of the record plat, and with the development plan, again, with your blue sheet and your revised conditions, staff recommends approval of the development plan as well. Are there questions? Thank you so- oh, you have a question? Uh, would you point out where lot 37 is? Lot 37? Uh-huh. Is that still the building line going to be reduced from 20 feet to 10 feet? This is the top lot. Okay. 37 is here. It is this slot right in here. They're amending that building line on that corning lo- corner lot, 'cause they shifted the townhouses to accommodate, again, the access easement. So it, it does have orientation to middle suite. Are there other questions? Uh, Mr. Martin, just as a point of clarification, I guess, with what you were just mentioned, change in discuss to resolve, as far as access easements, stormwater and sanitary sewer, um, engineering still has to sign off on any changes? Yes, sir. Okay. Absolutely. And I might add, a- and I'm glad you brought that up, that engineering, under their sign-off has stated that they're going to request a sign-off on the building permits, because they want to be sure that this is constructed appropriately. Does that need to be added here? Uh, we, staff is comfortable with it being under engineering sign-off, as is engineering, but it's certainly your all's prerogative if you'd like to specifically require that. Are there other questions of Mr. Martin? Thank you. Thank you, sir. Applicant? Applicant present? Yes. Hello, my name's John Barlow. Uh, I'm here to answer any questions you might have. Are there any questions from any of the commission members? Ask for approval, please. Mm-hmm. We do have one question. As far as what we were just talking about, as far as, uh, engineering requesting, uh, the building inspection to sign off on that, y- you're okay with that as well? Oh, yes, sir. We, uh, went over it in great detail, um, followed from the, where it, water enters the property to where it exits. D- did you give us some idea of how you're gonna resolve those conflicts? Uh, yes, sir. Excuse me, Mr. Barlow, could you check the microphone, please? Thank you. Make sure I got myself oriented correctly. Sweet. There is a, um ... uh, there's a storm pipe that comes through here and, um, e- exits out the property, and there's two beehives, so before the water even gets, uh, to this area, it's actually picked up and taken underground, so just from here out has the, uh, do you have water going over the, the, uh, the concrete property. Do you follow that? Um, maybe I'm just missing something. The staff had said that as the, as it exists now, there were conflicts among the three different key areas. Um, so you're saying that there's an existing stormwater pipe that's going to- There's a storm pipe- ... address those conflicts? Yes, sir. It comes right down through here. And they, they weren't a- aware at the time that there were, that there was a beehive here and a beehive here that picks the water up and takes it underground. Okay, so you're saying that it, the existing infrastructure addresses the conflict? Yes, sir. Okay. Mr. Martin, is that your understanding of this too? Because if so, I don't understand why we have a conflict on that. Well, it, it is my understanding that engineering is confident that they can resolve any issues with the proper construction of the infrastructure and the units. Are there other questions? Okay. Um, one for Mr. Martin. Um, you were talking about the revised development plan as well. You did mention, eh, eh, you know, we're talking about the lower right-hand corner of it all, but you did mention that, um, easement access, access easement, uh, getting to the backside of those other units that's now shaded in gray. That doesn't appear to be on the earlier one. Am I correct in saying that? At the end of the- Right. ... quarter cul-de-sac? It is on the new one, on the amended plan. Okay. Um, do, w- was that addressed previously or was that approved previously or? Not on the development plan, no sir. Okay. We will be approving that on this amendment. Okay. Okay, thank you. Are there other questions for either Mr. Barlow or Mr. Martin? I think not. Thank you very much. Turn it over to the commission. Are there any comments or motions? Ma- Madam Chair, I'd like to move approval of plan 2009-39F, changing number 23 to resolved. There's a motion and a second to approve plan 2009-39F, Ramsey Sullivan property, unit 3, section 2, lots 33 through 45. Would you like for me to do the, uh, other plan? No, we gotta vote on this one first. We didn't vote? No, haven't voted. Getting ahead of you- Trying to rush this up. I thought you wanted to say something else, so I... Uh, all in favor, uh, say, "Aye." Opposed? Motion carries. You just done voting now? Yes. Yes, Mr. Cravens. Uh, I'd like to move approval of 2009-45, uh, the revised staff recommendation on the blue sheet. Second. We have a motion and a second to approve, uh, DP2009-45 Ramsey Sullivan, Kearney Hall Unit 3, Section 2, Lots 1 through 44, amended. Uh, all in favor? Aye. All opposed? Motion carries. Thank you very much, Mr. Barlow. All right, the next item on your agenda is on page two, the bottom of page two, is item C, Plan 2009-69F, Rich Station Subdivision, Amended. Uh, this is a final record prop- final record plat for property located on Laclede Avenue. Uh, the subject property is, uh, located between Edgeworth Drive and Wickland Drive, as well as between I-75 and 64, and to the Bryan Station School property, the interstate being here and Bryan Station School being down here. This development as proposed at the time of the zone change and through its original final record plat, uh, called for residents to, to be served th- through their properties through a shared driveway access, um. Uh, there were supposed to be rear garages, a- as well as driveways down the, the lot lines, uh, and the residents would share those driveways. Uh, the applicant has brought this plat in to remove a note, um, for shared driveway access. At this time, they looked to build units w- either without garages or with garages at the, uh, owner's request. Uh, they will put those with their own driveway units, uh, with garages in the rear. Uh, the subdivision committee recommended approval subject to the 10 conditions listed on your agenda, including approval of a waiver, uh, that Mr. Martin will present to you in just a moment. Uh, but I'd be happy to answer any questions you might have about this record plat. Are there any questions? Thank you. Mr. Martin. Madam Chairman, members of the commission, there is a waiver request on this plan, as Chris has explained to you. It's been handed out and it's titled Rich Station Subdivision Plan 2009-69F. The waiver request is for the surveyor's engineer's certification on this plan, and it is similar to the request you heard on the Highacres commercial development on that plat. Uh, in which case, what has happened is that they are strictly amending the plat itself and notes on this plat. They have not done any engineering or any work in the field. They have done no design on this, and that is because they- There was a preliminary subdivision filed and approved. The infrastructure was constructed and has been accepted by engineering and by the urban county government, so there are no improvements needed. Therefore, they don't, they can't certify that they've engineered that or done those. Uh, and they have in fact had a conversation with the licensing board in Frankfurt to be cautious about that sort of thing. They would, in order to certify this under that certification, have to literally go back out and duplicate all the previous surveyors' work, when in fact the only purpose of this plan is to amend those dual access driveways. And that is for all the lots for the exception of these in here, which have been developed. So they're removing, that's the sole purpose of the plat, and so that is why they're requesting that certification be amended and staff does recommend approval of this waiver. Are there any questions? Mr. Martin, applicant? Madam Chair, members of the commission, my name is Matt Williams with Summit Engineering. Uh, we are in agreement with the 10 conditions proposed and I request approval. Thank you, Mr. Williams. Uh, are there any questions for Mr. Williams from the commission? Then the chair will entertain a motion. Oh, I'm sorry. Thank you very much. Are there any comments from the audience? Anyone like to speak to this? If not, I'll turn it over to the commission and, uh, for any discussion or, or, uh, for a motion. Madam Chair, I'm up for approval of plan 2009-69F with the associated waiver, uh, per recommendation from staff. Second. I have a motion and a second for approval of plan 2009-69F for its station subdivision amended. All in favor say aye. Aye. Opposed likewise. Motion carries. Thank you very much. Thank you. All right. The next item appears on page four of your agenda is planned 2009-83F Marshall Property. This is a final record plat for property located at 3000 Leestown Road. Uh, the purpose of the plat is to subdivide one lot into 42 lots in accordance with their approved final development plan. Uh, the plan here on the right is what was shown to you when they brought the development plan before you. See McConnell's Trace coming through here was New River Place coming through the middle, bisecting the property. These green areas are what were designed to be kind of green, part of green view, greenways for these units that front on access easements. There, these are not part of a, a urban county government greenway. This particular portion is as well as this strip down here that buffers the railroad. So, and what we have today is the record plat for 42 lots, beginning at about this portion and coming forward about here. 42 lots in total on the record plat, 22 of which are served by the access easement, meaning that their frontage is on the access easement. Uh, the reason that this plat isn't at this time is because there is a note on the development plan stating that all the lots that are f- served by frontage on the access easements have to have their lots created prior to building permits, uh, being issued. Uh, so those 22 lots, there's a development plan requirement that we, that we see the plat at the time that we're seeing it now, so that they can get the building permits, uh, for those, for those units. Uh, the subdivision committee recommended approval of this plan subject to 11 conditions, uh, including that the PC... Uh, sorry, the Planning Commission makes a finding, uh, per 6-8 of the subdivision regulations, uh, on the access easement. That's on a white sheet of paper that was handed out to you. Uh, there's, uh, three reasons for the Marshall Property Plan as you see here. And I'd be happy to answer any questions that, that you might have. Questions? Um, I gotta remember. Chris and Tom, this is the first time many of us have ever seen these- Mm-hmm. ... development plans and I'm still trying to get my head around- Okay. ... what's going on. Plus it's really hard to see from that far away. Um, we have a, an oddly shaped piece of property that obviously the developer wants to maximize the numbers of lots that he can, uh, that he can create through this. So in order to enhance on that number of lots, we're creating access easements? I don't know that- Is that- ... it creates any more lots doing it the way that they're doing it. I mean, if you look right here, there's quite a few units packed in and they all have frontage on the street. Uh, I, I won't state the developer's intention for doing the design that they're doing, but these units, and we were, you know, part of the discussion we had was that they were meant to front out onto a common greenway, uh, with paths taking you out to the green- urban county government greenway that's out here. You're, you're speaking so fast, Chris. I'm sorry. They were, they were going to front onto a public greenway? These are not public greenways. This is the public greenway, the urban county government greenway right here. And this portion that comes up into it is urban county government here, that lot line as you see there. They just ... The design that they had chosen fronted these units out onto this shared green area with paths that take you out to the greenway. So this ... They're, they're safe from rain. Well, that's their request. I mean the development plan has not changed. And the purpose of the record plat is to create the lots for the, for the ... Well, it's up to here. But the requirement on the development plan required that they bring in a final record plat to create the lots, so that they have frontage and are served. They couldn't create these lots without putting in access easements, because they, the lots wouldn't have frontage. So they are creating the lots, creating the access easements so that these properties are all served with access. Then they can get their building permits according to the development plan. I mean, is that clear? Are there questions? Copeland? The lots back up to a road, right? They may have frontage on a green alley, but- Correct. ... they back up to a real paved street. They back up to a paved access easement. They're not a public street. These aren't public streets right here. These aren't public streets right here. These are ... This is the public street coming through here, and the public street that Ts into it. These are access easements to serve these units that do not front on the public street. Okay. What is the, um ... This may be, uh, a question that ... Is this a final record plat? Yes, ma'am. So, um, it may be appropriate. What is the maintenance agreement for, um, an access easement where four lots- This big long note right here states that the owners of the property are required to maintain that access easement. Owners of the property who back up to that s- that stub of access easement that looks like a road? Or everybody- The HOA, whatever entity they create to take care of it. Are these access easements improved? Yes, they have, they have, uh, gutter and they are paved to, I believe, public street standards. Well, no, they will be, obviously. They're not constructed now. What's the, what's the difference in eight buildings or eight homes sharing a common driveway and an access easement? That's a ... I'm sorry? I ... No. Okay, so it's just a common driveway. They're owned by the people who maintain them and who own that property. Okay, so it's just a common driveway. They're not owned by the city and they're not maintained by the city. Okay. Are there other questions? I do. Uh, Chris, is w- what comes first? Um, a final record plat allows them to lot the area. Correct. To sell the lots. Mm-hmm. If they don't have the access easements yet, there's gotta be a starting point somewhere. I would think we'd need an access easement. Well, normally for a development plan and regarding townhouses, we would see them build the units and then they would come back in and they would subdivide along the common walls. Uh, in this case, because they chose not to do all of the development plan under group residential, it, they had to sh- document that th- and show that they were going to subdivide these lots now, because they're not under group residential standards which have additional requirements. So the note was placed here stating that they have to have the record plat, they create the lots for those that do not have frontage. What comes first? They have to build the access easements in order to get the plan, the record plat, the mile art plat through engineering and for engineering to bring it up to us. So they have to put in these access easements, build the public street, and then the plat can come up from engineering. The plat is coming in for your approval now, but it will not be in our office for certification until those improvements are in. So, why do we have to approve this now until those things are ... You know- It's not a- ... I'm missing something. Uh, obviously I'm missing something somewhere. It's not uncommon for record plats to come in ahead of their infrastructure so that they can get review, and then engineering receiv- receive and accept their documents and their infrastructure. And then they certify to us that it's okay, and then we move on with the record plat. That's, that's not uncommon. I have a question. I, I'm not done. Um, I ... What caught my ear was Bill saying that the asphalt has not been laid, it has not been paved yet. No. And don't we ordinarily, for a public street at least, don't we ask for a performance guarantee? I can't answer. Hold on a minute. Yes, prior to certification of this plat, uh, the asphalt will be laid and any ... There will be two warranties. One, probably a warranty for the final course of asphalt installed. Correct. And then second, secondly, a warranty surety for, I'm not sure if it's one or three years, on the work that's already been done on the street. And that's on all record plats. I mean, regardless of what stage th- they've built up to that point. Okay. We would still have that warranty done prior to certification of the record plat. In addition, the note that Mr. Taylor described earlier describes the maintenance of the access easement, so all of the paved surfaces are covered, uh, publicly with the warranty surety, and then privately with the access note regarding responsibility and maintenance. Is it, is it customary for us to have those performance guarantees, um, prior to certification or at the time of final development plat? Usually those are done before the division of engineering will affix their signature to this plat. And as Mr. Taylor said, that's done before it ever comes to planning for our review and certification and ensuring that any conditions you place on the plat are also met. Okay, thank you. Are there other questions of Mr. Taylor? Applicant? I'd like to make a, a brief clarification. Uh, Ms. Copeland, and, and to answer your question about the finding- ... and, and about an as- about an, an easement, an access easement. Normally, you approve access easements in group residential. And you are required under 6-AM to make such a finding, because you are saying, as a body, "We're accepting this in lieu of a public or private street." And you do have the, uh, authority to state the standards of that access easement, so you can actually specify that you want those built. A- an- and I wanna clarify that, 'cause of the driveway. Obviously, a driveway would not be built to handle large traffic and heavy traffic and that sort of thing. So, uh, it's not unusual for them to develop an access easement to handle heavier traffic, so it, it has a better dense grade and, and, and that sort of thing. Have we done that? Yes, ma'am. Okay. Thank you, Mr. Martin. Are there other questions? Applicant? Oh, wait, we have, excuse me. Sorry. Mr. Martin. I have a question for Mr. Martin. I don't know if this would be for, for Tom or for, for Chris. Um, it, it alluded me in your presentation that this is gonna be, um, a multifamily housing or group housing project, or, or is it? Well, as you all know- Is there, is there an assurance? I guess my follow onto that is, if we lay out these lots in this arrangement, um, would those lots be acceptable for our single family detached, um, construction standards if the market were to fall through for townhouses or attached? No, they'd have to be developed in conformance with the approved plan, which is attached townhouses. Any other questions? Applicant? Um, hello. I'm Rory Kayley with EA Partners. Um, we are in agreement with the conditions. Uh, we request approval. Um, this, this property has been before you. I think, in the last year and a half, we've had two development plans that you've approved showing these access easements. And, uh, we have done one record plat already on the small piece of it that is constructed. There are townhouse units, um, going up now. So this is just a continuation of what we've been doing. Are there any questions for Mr. Kayley? All right, thank you very much. Turn it over... Uh, are there any other comments from the audience? Anyone in the audience that'd like to speak to this? Mr. Murphy? Yeah, I'm representing Dennis Anderson as well. And, uh, I'm here for another case today, but, uh, I'm not directly involved in this plat, but I did want to point out to you, this subdivision has been developing over about the last 10 years. And everything, I think, you've seen up there today has been subject to a, number one, a preliminary and final development plan and a preliminary subdivision plat, which shows what you're approving up there today. So, I don't think there's anything new that's being presented to you. I understand you will have some questions about it, but I wanted to alleviate some of those by mentioning those that, that these things have been brought through the process before. As far as construction of infrastructure and improvements, as on all subdivision plats, that when it finally comes down to sending this plat through for certification, the engineering division has to sign off that either all improvements are done, all the public improvements are done, or they have to be bonded. And there's standards about how much has to be constructed before they are bonded. So, I think you have assurances on those issues as well. If, for some reason, it was gonna be replatted into single-family lots, they'd have to come back to you on it to, for, for another change on that. So, just wanted to point out those items to you. Thank you, Mr. Murphy. Does anybody have any other questions? If not, we'll close this portion. I'll turn it over to the commission. Any questions? If not, do I hear a motion? Madam Chairman, um, just a comment first. You know, with, as some of y'all may know, this was a late plan. And, and, uh, unfortunately with me, that sometimes that throws up a red flag. Uh, I've heard various comments, thoughts, and so forth, as far as which was coming first or, or were we getting ahead of ourselves and so forth, um, whether it's pavement or access easements or, or whatever. Um, so, I, I do have concerns here. Uh, I am trusting the applicant and, and the staff that, that, uh, relying on the staff that everything is correct and that certifications will happen. So, you know, with that said, uh, whenever anybody's ready, I'm ready to make a motion for approval. Ready. I'll move for, uh, approval of Plan 2009-83F Marshall Property, Unit 2J. Uh... I have a motion. Do I hear a second? Second. Motion's been made and seconded for Plan 2009-83F Marshall Plan, Unit 2J. Uh, all in favor, please say aye. Those opposed, likewise. Motion carries. The motion did include the findings as well. Okay, yes. Yes. Thank you. Yeah, I was wondering about that, to include the findings- Right. ... listed on the white page. You're welcome. I know what this one says. Madam Chairman, members of the commission, next item on your agenda is at the bottom of page four. It is a final record plat, Item K, Plan 2009-87F Mayhan Property Lot 1 Amended. This is the lot, Lot 1. It is ... Got Man O' War frontage here. This is the entrance into the development, uh, Osborne Way and Mooncoin Way. Victoria Way stubs in here. Bradford Colony sub-subs into this property here. This is, of course, the Mayhan property. This is the multifamily area. You can see we, we brought the development plan. You can see the layout of the multifamily area here in this area of the subdivision. This has been platted and recorded, these streets down into here. We have some single family lots that have been created, have been developed in this area of the subdivision. The purpose of this plat is to remove a non-building restriction, and that happened when this was originally created to allow them to take the property down, transfer it, and finance it and begin construction. We allowed them to do that with the plat, but we insisted upon an area here, and approximately in here, to be a non-building restriction. Staff did not want to allow them to build on that area, and we tied it into ... There were, there were two things, and the key was we wanted to be sure that Bradford Colony was constructed and dedicated, and also Victoria Way, and that connection, of course, is very important to the overall development, to the neighborhood developments. They have come back to you today to request that non-build so they can move, and here is the new area, and this is a result of conversations with staff and applicant. So, in effect, they wanna shift the non-build down from here to here, and we will have a non-building restriction over these four units, and they can now proceed with these four buildings. Now, that is beneficial in several ways. If they had, as originally proposed, just wanted to plat this final record plat, they weren't meeting the subdivision regulations. They woulda had to addressed this and Victoria Way, either with a waiver or by constructing the street and doing that in, in the appropriate manner at this time. But again, they're trying to just move forward in phases with the multifamily, so that, uh, that's the purpose of the plat today. The plat was reviewed by staff and by the subdivision committee and recommend approval. It was a late plan. There are nine conditions which, uh, the ninth one does include review by the technical committee prior to certification. If there are any questions, be happy to answer them. Any, any commission members have question? Oh. Um, Victoria Way is ... comes from the adjoining subdivision and will run along the southern boundary, I presume it's the south, southern boundary of this parcel? And from where does it go after that? And, uh, it's probably, the vicinity plan won't show this as well, but basically, as it comes in here, it goes off down this way further on the property and then over into the adjoining. And you may recall the original plan, the overall preliminary, and we granted waivers on some of the street geometrics and required a system of stop signs and n- and no parking restrictions in order to, uh, to facilitate both the development and the street system, of which Victoria Way, of course, is an integral part, as, again, it comes from here, this area, will come through this, the development and into the adjoining development when it's eventually fully developed. Follow on to that, please. What is the length of Victoria Way that they're going to have to construct? Right through here? Mm-hmm. This is approximately 500 feet. Is, is that section of Victoria Way and this boundary of parcel, is that a phase of the overall development? Yes, ma'am. I mean- It, it's an integral part of the overall development. ... um, and will Victoria Way continue on through another phase of this property? Yes. Yes, ma'am. As they build and further develop, it will continue to be developed. Is this the first phase of this development to be built? They've actually built and platted some of the single family area here. You said the road had been built, but- This section has not. This part's been built, and in fact, a little tiny, right in there, that little part right in there has actually been constructed and dedicated. So that's- And- So here's our connection question. So we've got a 500 foot gap. Is that our- It is equal to the frontage here, yes. But Victoria Way is built- All this, oh yes, it's, it's been there for quite some time. Yeah. Victoria Way is there. Is it on the Moonglow side too, or Mooncoin side also? This way? Um, I don't believe it's all, all this is fully constructed at this time. Mm-hmm. Again, they're phasing those improvements. They've been up in here where they've platted those single family homes. Madam Chairman, thank you. Uh, Thomas, uh, different street, Bradford Colony Drive, you said stubs into this property, um, and that, that segment of this property's already been developed? Yes, this has been built. Has- There was a building restriction on two of the units. Uh-huh. For this. This is in the ground, but not yet dedicated. W- Can you describe in the ground? I- It's my understanding it has been constructed. Okay. When I say in the ground, it's on the ground. Okay. And- They just- And could be dedicated when? It, it could be dedicated with this plat if they chose to, but I believe they have some, some reasons that they would not- Okay. ... choose to do that at this time. Okay. Thank you. Ms. Phillips. The, um, Bradford Colony, is that a hammerhead? It doesn't look like a cul-de-sac. Exactly. It is a cul-de-sac. A hammerhead cul-de-sac to provide a turnaround for the stub, and they have tennis courts to be built here, and that was... So it's actually not serving as connectivity between the adjoining property and Bradford, um, to this tract. No. However, Victoria Way- Victoria Way will be, which- ... and of course all this is- ... which emphasizes the significance of getting that built. Hmm. Thank you. Are there other questions? Thank you Mr. Martin. Applicant? Thank you Madam Chair, members of the commission. I'm here for Ball, I'm Rena Wiseman, I'm here for Ball Homes. Again, we're, we're asking, uh, to remove the non-building note for the last portion of this property. Actually just a portion of a portion of this property. There are eight buildings left to be built. Uh, the non-building note is left over as Tom explained from the, there was a non-building plat, which is typically done that allows developers to acquire raw land in pieces, uh, for financing purposes without doing the full infrastructure. That's how this non-building came on this, uh, portion. And now we are, we have finished the first seven buildings. We're prepared to go, uh, originally we were prepared to do eight buildings, but there have been, it's, things aren't as fast as they were in the economy, so at this point we're moving a little slower, and we're prepared to build four apartment buildings. In order to get the building permit, we need to remove the non-building notes. That's the, uh, that's really the essence of this request. Victoria Way, uh, does have to be completed. Uh, that is going to be completed. Uh, it's the protection that we have given that the staff ask is that there's a note on here that says that we cannot come back and ask to build the last four buildings of this complex until we dedicate Victoria Way, which would re- require substantial construction, and it's a timing thing. We're ready to go with these four buildings, but we, there's not enough time to build Vic- that section of Victoria Way in order to get the four buildings underway to be done early next year. Uh, so we'll have to come back for a final record plat to take the note off of that one before we can build the last four buildings. And that restriction also, uh, attaches to Bradford Colony Drive, we'll have to fully dedicate that, dedicate that as well. And there's some things left to be done for that that have to be bonded, and again, it's a timing thing that allows, if we remove this note today, we could go forward with our building permits. There's still undeveloped land on the south side of Victoria Way, so it's critical to this development, our development, that Victoria Way be continued. So, uh, it, we, Victoria Way will be built in the normal progression of this project. This is merely a step to let us go ahead and build four buildings today. Uh, if you have any other questions, we're here to answer 'em. We'd ask approval with the notes, uh, that the staff has suggested. Are there any questions for Ms. Wiseman? Mr.- Yeah, this was, uh, w- what, what, the property that's surrounding this, uh, does your developer ha-, own all of that? So when we look at Victoria Way and where Victoria Way's gonna connect, is that all y- We own it, or have we- ... same development? I don't know what's on, still under contract or what's been- Um, Howard Cruz with, uh, uh, Ball Homes. This is actually, property's actually owned by an affiliate of Ball Homes called RML Construction. Just for the record. Uh, we have an option to purchase the entirety of the property, which was 142 acres. Uh, this being a part of it, we have purchased a little over a third of it, which was our contractual obligation. Um, this parcel here, the approximate eight acres was actually a part of the second transaction. Uh, we purchased it just to be able to complete the entirety of the, uh, apartment project. As Rena said earlier, our original intent was to do half and half. Uh, the first half included the clubhouse. Uh, a significant, uh, investment in this entry, if you've been by there, it's a, a grand chasm to get to this thing. So we, we do have a substantial investment in this property at this time. We do own the right of way. Uh, we do intend to build Victoria Way. Again, it's just the way the economy is, the way the banking environment is, it's not conducive to us to complete all this at this time. So we took a step back, and we want to do it in two pieces as opposed to one piece. Uh, we do have an option to purchase this property here. We do not, we do not own it now. Uh, we did purchase this area in here, and it has been developed as single-family homes. Uh, there's a significant piece of property remaining here on the other side of Osmond Way that we do not own at this time, but hope to purchase in the near future. I hope that answers your question about what we do and don't own. As I asked Shirl- Sheryl: Mm-hmm. ... earlier if we had a copy of the overall plan 'cause I kind of felt like we would get into this. But being as this development plan didn't show the entirety of the property, we don't, uh, unfortunately we don't have that. Okay. And to the, uh, what I guess is going to be the southeast corner, this area, you own that now, or you have options in- This is developed- That's owned. ... as single-family homes. Right. So the connection between Victoria Way to there is critical to the full development of that whole area. Absolutely. Okay. And, and this, um, this Victoria Way is part of the collector system, as is, I believe Mooncoin. Can't recall. But ultimately, it ends up down here in the Waterford subdivision, I think it's called Ridge Water, which is a collector, and we did provide collector connectivity through the property, and our intent now is to move into this section and make these connections with the single-family development. Thank you. My concern is, one, it was a late plan, and it sort of broadsided us. And so this helps seeing both of these maps where we didn't see both of them, and particularly when you're on the beginning of the learning scale, it helps- Mm-hmm. ... to have both of them. But the last four units will have not only the expense of the unit, but the expense of Victorian Way attached to them. That's correct. That's correct. What's to hold your feet to the fire to get that built? Because you don't have to have Victoria Way for your s- single-family homes, and you don't own the other property. What, for my single-family homes that we're marketing now, or the next section single-family home? Well, either way. We haven't... We haven't- Why... What makes us think that you have to perform? Well, we have performed. As I was trying to point out, we've made a, a significant investment in this property, and we cannot recover the costs of this investment without full development of the property. I mean we, we fully intend- Yes, but is there a, is there a bond or a performance bond? Is there a bond for Victoria Way? No, there's not. Uh, actually, Victoria Way is not a part of this development plan. It is a part of the subdivision plan. Okay. The reason it was purchased was, again, as I said, we wanted to make the connection in the second phase with the eight units, but again, the economy, banking environment is not such that we are prepared to make that commitment today. We want to take a smaller bite. That's why we're here. Uh, with all due respect to your firm, which is one of the city fathers of Lexington, I understand that, but just as all those other things can change, what kind of commitment can we have that Vic- Victorian Way will be built? Well, I don't know what you want me to say- Well- ... other than it's the size 10- If you had 50% of the de- development hanging on it- Mm-hmm. ... then it would be, but if with just four buildings- No, we have 67% of the development hanging on it because we, in addi- We have other units that are gonna have- Yeah, in addition to- ... have access off- There's- ... of that Victoria Way connection- Significant other- ... that cannot double- ... property here that utilize, as I mentioned, this piece of property right here, which fronts on that. That's option though. That's correct. Well, it's an option. Okay. Victoria Way has been a drawing on a comp plan for many, many years. These roads only get built as land develops. It's only when land develops that these collectors get built. If land doesn't develop, Victoria Way doesn't get built. So, but we can't guarantee you that there's a complete global meltdown and nobody builds anything, which would mean, no, we can't give you the ultimate commitment that we will build Victoria Way. But if we're gonna make profit on this development, we have to build Victoria Way. And where we are in the system, we have given... ... every possible commitment that the s- that the system allows you to ask and allows us to give, which is, we've restricted building permits. Uh, we could come in and argue, Ms. Copeland, today that we should not have to build Victoria Way to build these apartment buildings because they have full access to a collector street. We could make that argument and say, "We have a final development plan. We should get building permits because we have access." We're not making that argument. We're just saying, "Modify the note to let us build the four buildings to remove that note, uh, with the added condition that we can't come back..." And this is a, uh, I think it's a very onerous condition, that we cannot build the next four buildings until we ded- construct and dedicate Victoria Way, which is a significant investment, until we complete to substantial level to be bonded to Bradford Colony. So that's as much as a commitment. The cul-de-sac, it's finished, but it's not finished to the level that we can hand it over- Okay. ... to the city. So that is much of a c- as a commitment that we're able to give, and I think that you're able to ask within the framework of, it's just a matter of, of how roads get built through the phasing of a project. So I don't know if that's helping or not, but that's, I'm just trying to, from our point of view, we are, we are committing to do it. We can't commit that, you know, if no one ever wants to buy another house again or never wants to build another apartment again, we're gonna s- extend Victoria Way. There won't be any need for it. But assuming life goes on in some reasonable facsimile to what we're used to , with these notes, that is the protection to you, to the community, that that road will get built as development occurs, and that's when it is needed. It's really not needed now. Mr. Cravens. Yeah, um, th- these four buildings you're gonna build, they don't need Victoria Way to, to get to them? No. No. In fact, th- this part of the parking is already there. I mean, that's, that was built in the first phase. Uh, we're, we're just adding this parking loop right here to surround the buildings. That building's got frontage on a street that's been sitting there for nearly a year, u- unused. And so we're not afraid to make a commitment to, to perform. It's just we can't swallow it all. So- So, I mean, you're gonna build Victoria Way as, what, next spring probably? I mean, as soon as the economy- We wanna build it today. Yeah. But it's even late in the year now. I mean, it'd be hard to- Yeah. ... get it built. Okay. Thank you very much. Um- I, one, one more question come, so just for, 'cause I don't remember any of this before. So prior to this, there was no assurance that you were gonna build Victoria Way? There's no requirement on either this plan or any of these other- To do that. ... plans to build Victoria Way, no. But now the note that- It was shown, Rebecca, it was shown on our overall development plan- Preliminary subdivision plan. ... when we did the zoning. Right, but, but what I'm- But we had- ... trying to get at is, prior, prior to this change, you, you had given no other assurances other than market development- No. ... that, that you would build it, but now you're agreeing to- We weren't there yet. Exactly. We weren't. Now you're agreeing to build it before you build the next four. The last four. Okay. We did make a commitment to construct the cul-de-sac, which was on this plan. There was no mention of Victoria Way. Thank you very much. Are there oth- It would have helped if we'd had the overall picture- Yes, it would have. ... because it's better today with two pictures, and three would have even been better. If you could, I agree with you. If you could have seen the overall development plan, it would, it would be a lot clearer, and I apologize that we didn't bring that. Um, Ms. Wiseman, just a curious question. You mentioned a moment ago that seven of the eight units had been built, but for whatever reason, you were not building the eighth? No, no, no. The first phase, there's seven apartment buildings I believe, and a clubhouse. There are 15 total buildings, plus the clubhouse. Okay, so, okay. We need to build the first seven. I thought, I thought I had heard where you had not, had chosen not to build one. No, no. I'm seeing eight buildings there. No, we've built seven of 15, and originally, we were gonna build- Okay, okay. ... half, if you count the clubhouse. All houses completed, good, or finished, all have X's and O's. I just thought, I'm seeing eight building lots- Right, no, I'm sorry. ... footprints up there. Sixth one is not completed. Okay. Are there other questions? No. Thank you. Are there any comments from anyone in the audience who'd like to speak to this? Not? I'll close this portion and turn it over to the commission for either further discussion or a motion. Madam Chair, um, I move for approval of Plan 2009-87F with, uh, let's see. Is there an associated note? No, the, the new note is on the plan. Move for approval of 2009-87F. Second. I have a motion and a second for approval of Plan 2009-87F, Mayhan Property Lot 1 Amended. Uh, all in favor? Opposed, likewise. Motion carries. Thank you all very much. It'll take me just a moment to set up for our next presentation. While, um, while they're getting ready for the presentation, we're gonna take a short five-minute break. I was so excited to see that our, um, security department was so excited that our adaptive reuse project, which has a, uh, theater anchoring it, that they brought out the velvet rope, uh, for, for just for this plan. So, I was very excited to see that. Um, before I get started, a few housekeeping items that, uh, I am gonna be talking about DP2009-51. It's on page seven of your agenda, right in the middle of the page. It's for properties located, uh, 474, 475, 497, and 498 Angliana Avenue, and then also a small portion of property, uh, that has an address of 701 South Broadway. And the property is located, uh, essentially off of Angliana Avenue, and I'll orient you to the development plan in just a moment. Also, um, before I get started, uh, I have put out at your place already, a memorandum, uh, concerning the adaptive reuse project, which on the back of that has something, uh, some revised notes that the applicant has added to the plan since the subdivision committee. Passed out the applicant's, uh, comprehensive plan compliance statement and, um, letter about their adaptive reuse project. Also, I passed out renderings of the, uh, of the building that, uh, that is going to be adaptively reused. And then I've got a couple of copies that I'll pass out to here. Uh, the first is a letter of support from the Fayette Alliance, um, for the subject property. And then the applicant has also submitted some artistic renderings of the vision, uh, for this plan, and I've got a couple of those copies. I'll pass those out now. I've got, um, this is a, uh, rendered development plan as it's submitted to orient everyone, we have South Broadway. North is actually on this end of the property. It is, uh, angled for, uh, for the ease of viewing. Uh, we have Angliana Avenue that comes off the South Broadway and comes around. We also have Curry Avenue that comes right through here. The subject property is about 20 acres total. This side of Angliana Avenue is currently zoned I-1, and this area, uh, this, the area in between Angliana Avenue and Curry Avenue is, uh, currently zoned B4. The property, uh, there is actually a portion of this property is railroad property that the applicants are leasing. That lease line essentially goes from right here to right here. So this parking lot, the detention area, and this area right here, will be on the railroad lease property. Uh, to orient everybody, this is, um, the area where the railroads currently cross over South Broadway. So South Broadway dips down under and comes up to the Angliana Avenue intersection. Overall, the applicants are proposing about 350,000 square feet of development for this site. Uh, that's not including about a 350,000 square feet roughly, uh, for the parking structure that's being proposed, and about 60, uh, residential apartment buildings. So you can see that the majority of this proposal is, um, is commercial in nature. And if you'll end, uh, I'd like to run through a quick presentation that I've got. And I'll just kind of talk about it as we go. Uh, trying something new with some multimedia here. Uh, looking at the project, the orange buildings are the mixed u- proposed mixed-use buildings. The building with, in red, with the red roof is the proposed adaptive reuse. The purple area is the theater, and it's going a little bit quicker than dem- than I practiced. This is, not that that hurts you all, but this is, uh, there's the pedestrian bridge. The, uh, and the proposed theater as we go through this. That's kind of a quick overview of the overall property. Yeah. Is that what it was? The computer knows me. And I have practiced this too. Uh, looking at the development plan, the dark purple building, uh, on the left-hand side of the screen is a, about an 80,000 square foot commercial mixed-use building. It is not proposed to have a residential mixed use in there, just, um, uh, possibly different commercial uses. The, uh, the purple in, uh, as I mentioned earlier, the red building is the adaptive reuse building. And that's a tobacco warehouse. I'll talk about that first. Uh, and then the two mixed-use buildings along Angliana Avenue. The large purple building in the center of the pho-photograph is the bowling center and the, um, proposed theater. I'll let the applicants talk a little bit more about those. And then finally, on the far right-hand side is you have in blue the pedestrian bridge that is proposed that would cross over the railroad tracks and connect into the Scott Street connector, which is part of the Newtown Pike extension program. Then Scott Street will be going over South Broadway, uh, parallel to the existing railroad bridge that is there today. So first I wanna talk a little bit about the adaptive reuse building, uh, because it is the linchpin that allows this adaptive reuse project to go forward. There is a tobacco warehouse on the property that is actually one of the better-built tobacco warehouses in Fayette County. Uh, they are proposing to, uh, take down a portion of the building in order to put in the new entrance, uh, that they needed for the, uh, that will get you into the overall project. Uh, and that's, that's much a, um, once you get in through there, we've passed out the artist's renderings. This, uh, would show the, on the left-hand side, the little white building would be the adaptive reuse of the, uh, tobacco warehouse. Uh, in the foreground of the picture, you would be seeing the, uh, new mixed-use buildings along Angliana, and then the theater to the rear. Little bit about th-this building, a couple of pictures of the, uh, tobacco warehouse. ... uh, whenever you look inside this tobacco warehouse, um, it's -- as I -- as we were looking on other projects and other tobacco warehouses, oftentimes they were built not much better than barns. And really for most tobacco warehouses that you look at, uh, really to adaptively reuse them, you would need to, uh, build a building inside the building and save the sh- shell. In this particular case, this was a very well-built, uh, out of block construction. If you look inside, I believe that's a little dark, but it's got these wood -- it's got a wood ceiling, wood rafters, really neat inside there. Uh, like all tobacco warehouses, it's got the place where you can drive your trucks through, and the applicant is proposing to utilize these different levels and these different areas to turn the site into a, um ... Right now, it would be envisioned mostly an eatery, eatery place with lots of patios and outdoor seating. It would tie into the courtyard, which would essentially be, uh, created ... A pedestrian plaza would be bounded by the adaptive reuse building, the new, um, the new theater buildings and bowling alley and the mixed-use buildings. This is an artist's rendering that's also passing around. This would be looking, uh, at that courtyard from that courtyard area. And you can see the, uh, proposed theater. To the right-hand side would be the adaptive reuse building, looking at the mixed-use buildings, which I colored up in orange. The next thing that I kinda wanna talk about is that, uh, this overall development plan, as it was originally filed, was filed as a final development plan. Uh, very quickly after the technical committee review, the applicants, uh, chose to, uh, bring this back to a preliminary development plan. So it was a preliminary development plan by the time the subdivision committee saw it. Uh, and that's important because all of these plans are really conceptual. One of the major things that this, uh, proposal will be doing is applying for TIF financing, uh, with the, uh, Kentucky State. And so, um, they've, they've decided to kind of turn this whole thing conceptual. Uh, and even though at the time of the final development plan, we do expect that we'll see some minor changes. I believe that these overall concepts of this, uh, on this development plan will hold true. Uh, a couple of the items, of course, when it comes to TIF, I'm sure the applicants will apply to pay for everything that they can with a TIF. But just a couple of the items, the parking structure, uh, as it is right now, it would be proposed to be a five-story parking structure with commercial uses along Angliana Avenue. So just one story of commercial uses along Angliana Avenue, and then parking the rest of the way. Another very important aspect that would be a TIFable item would be the pedestrian bridge that would allow you to connect over to the Scott Street connector, and that's important because the pedestrian bridge will, uh, once you get over to there, Scott Street will take you right into the heart of the University of Kentucky and really open up a lot of pedestrian, uh, activity in this area. They are proposing the two-story, uh, restaurant that would tie into that area, and an amphitheater that would be just right off of that. Another artist rendering, looking from the amphitheater to the restaurant and the pedestrian bridge. Uh, you can see the iconic tower that the applicants are proposing, uh, that wouldn't really have any function other than the public art function they would propose for that. Uh, essentially right now, the concept would be that it would kind of surround the pedestrian bridge and become an iconic feature, uh, for this area. Uh, revisions since the subdivision committee, there are very few actual, uh, revisions to the physical drawing of this. Uh, one, the only, uh, change to the physical drawing since the time that this was colored up, was that they have increased the leasable area from the railroad in this area where detention was being proposed so that there would be no question that they would have adequate amount of space to provide the type of detention that they would need for this project. Other changes that they did really addressed the preliminary and conceptual nature of the, of the plan. Uh, if you notice, uh, condition number nine on your agenda, the staff had asked that the applicant denote that the property will be done in phases and that this is a conceptual plan, and basically sets out things like the timing of development, uh, in regard to the adaptive reuse, the timing of the development in regards to the TIF improvements, and those types of things that will be worked out at the final development plan stage. The applicant has added that note, and the staff is pleased to say that we'll be able to drop that condition. Uh, the subdivision committee did have one, uh, major discussion ie- or did bring forward one discussion item, and that's dealing with the Curry Avenue improvements. And I wanted to, uh, discuss that a little bit more in detail. They have added to their plan, and it's on the back. If you look at the, uh, staff memo, these two notes, 17 and 18, are on the back of the, uh, staff memorandum. Uh, they are saying, essentially, that the Curry Avenue improvements will be decided at the time of the final development plan. And, the staff is pleased to also announce that with the, uh, revised plan, that you'll be able to delete conditions number eight, nine, and hopefully 10 after we finish this discussion, uh, about th- this plan. The staff is recommending approval subject to the first seven conditions listed on the agenda. And if I can skip over to a slightly different program to ... A little Google Earth program here to discuss the overall, um, street pattern in this area. To orient the commission, once again, uh, right along in through here we have South Broadway, Red Mile Road, which comes through here and, of course, this is a wonderful landmark, the Red Mile track. We have Versailles Road to the north. Angliana Avenue will come down and connect back in. This is the railroad tracks. Um, because we have the Red Mile report going on, and because this, uh, there is a lot of synergy, uh, between these two possible projects, uh, we've put a little more effort into trying to look at how a possible road might be able to come through here. I've got just a ... And if this makes anybody seasick, please tell me. But this is kind of looking at the overall area. I've sketched in the, um, applicant's proposal and a few other of the landmark buildings around that you'll be able to see. As you come off of South Broadway onto Angliana Avenue, we've got the speedway. The unfinished building is the Manny's Woodworking and the, uh, Collision Care Center, which in the front half, the s- back half of this building actually has the Uptown Hounds Doggy Daycare, uh, in through there. And, that's important because this is a very nice building. A lot of money has gone into, uh, adapting that building under its, under its existing "B4" zone. As we look at the Red Mile property, a few of the icons there, the Stable of Memories that everybody should be familiar with as you come around Red Mile. And it was discussed that there might be a possibility of getting some sort of road system that would come down through here and connect up the Angliana area and, with the Red Mile area. The red buildings that you saw there were the red barns for Tattersalls. And, with the Red Mile project, that will become the main stables for the Red Mile. So, at, at our last Red Mile meeting, which was just Tuesday night, Red Mile, uh, folks have said, you know, that they don't really see ... They, they see that it could interrupt their functions, but if the city felt that it was important enough to get a road, that they would continue discussing it with us. And that is really the main part, uh, that's really the main thing that we wanted to get across here, especially after Tuesday night's meeting. Um, oh, this is, uh, the Curry Avenue. Let me pause it on that, right there. This is the Curry Avenue. What, what has been done with Curry Avenue, whenever the apartment complex came in, there was an informal gravel, uh, with potholes bigger than ... I, you could fall into 'em if you wanted to. An informal exit out of Curry Avenue onto Angliana Avenue. The applicants have built the ... Uh, the applicants of the, uh, yeah, the housing, the apartment housing next door, uh, which is kinda signified here, have built this. It i- it does exist today. Uh, it will be dedicated, uh, for public s- public use. The idea w- there is that it gave a formal out, uh, on, from Curry Avenue onto Angliana Avenue. And part of the discussion, uh, really, is, is around this area. Do we require improvements to this road right in through here and get this circulation on Curry Avenue, or will there be some sort of more straight shot road that comes through here? These businesses, I have walked up and down all of Curry Avenue and all of Angliana Avenue and taken a picture, I believe, of every single building that's out there. These build- these businesses here are thriving businesses. This house right here does exist. This area that looks vacant on this, uh, aerial photograph is now, uh, very much developed as part of the Uptown Hounds. Uh, they've put in a lot of improvements and they've put a, uh, a high retaining wall right along Curry Avenue. It's high from Ang- the Angliana side. S- it's about six feet. It's about, looks like a six-foot wall from the Curry Avenue area. The important part at, at this point in time is that this is a conceptual plan. The, uh ... And the Red Mile is also in a con- conceptual plan. The important part is that we don't do anything that would necessarily block the possibility of road improvements that would be able to connect these two, uh, entertainment areas as they develop. Uh, the applicant's plan does not do that. In fact, they've, uh, the staff is very satisfied with the proposed note that we will look at those improvements in further detail when the final development plans come in. Uh, that's not uncommon on a conceptual plan. Um, you s- you're used to seeing preliminary development plans and conceptual plans along with zone changes. This is not a zone change. This is, uh, taking advantage of the adaptive reuse provisions that are in our B4 and I1 zones. And so we are very pleased to, uh, bring this to you and I thank you for indulging me with my- ... uh, Google Sketch Ups, and then we are showing. Uh, and to recap, the staff is recommending approval subject to the first seven conditions that are listed on the agenda. I know that the applicants are here. Uh, they could, they've told me that they can kind of cater their presentation to the commission's feelings. I also know that there are, uh, other people in the room that are interested in this project. And that does it for the staff presentation. If you have any questions for me, I'll be available throughout, or any questions right now. Does anyone have any questions for Mr. Edmonds? Anyones? Thank you for that. Applicant? Good afternoon. It is my very great pleasure to be here today. Uh, I'm Chris Westover, and I'm representing George Krikorian, who is the person behind, uh, this development. Uh, Mr. Krikorian has a string of movie theaters in Southern California. It's called Krikorian Premier Theaters. And, uh, the Lexington entity that's been created for this is called Show Prop Lexington. And, um, my first order of business before I get started is to introduce the affidavit of the sign being posted. Thank you, Sarah. I will try not to talk too much to repeat what, uh, Jimmy said. Uh, I should say at the outset that we are truly appreciative of all the effort of the staff to work with us, and, uh, we agree with the staff's recommendation, and we will request your approval as presented. Um, uh, with me here today are some representatives from Strand, uh, Mike Woolam and Sarah Tuttle, and they are here to answer questions if necessary and, um, I guess, fill in any gaps that I might miss. Um, in our opinion, this project perfectly meets, four square, all the requirements of an adaptive reuse project. Um, uh, let me just make one small correction to something Jimmy said. The, most of the project is zoned I-2, a heavy industrial category, not, uh, not I-1. Uh, w- we are in an area that the comprehensive plan recommends for redevelopment and revitalization. Public art is going to be a substantial component of our development. Um, we, uh, are, uh, finalizing our TIFF application. That will be coming before the Irvin County government, uh, probably next week. Uh, uh, w- we feel that we meet all the important components. The linchpin of this project will be the adaptive reuse of that tobacco building. And I think now that the lights are on, I might very quickly show some, um, some, uh, photos of that, uh, development. And, um, one other aspect of, of this, for the adaptive reuse project, is the high degree of pedestrian and bicycle connectivity and just generally encouraging alternative to the automobile. In addition to the pedestrian bridge that can also accommodate bicycles across the railroad tracks, as you can see, that whole central area there will be a pedestrian plaza that will encourage walking, strolling, sitting, that type of thing. Uh, there's a transit stop. There are bicycle lockers. There will be, uh, bike racks, that sort of thing. And in a little while, I'm gonna show you some photographs because it's important to see this in context with the other developments around there, uh, both that are going on as well as its proximity to downtown. This property with its bicycle and pedestrian connectivity links up so that within minutes, you can be downtown, you can be at UK, you can be at the student housing that's farther on down Angliana, just within minutes. It just, uh, spreads it on out there very nicely. Um, I think I will ask the staff... The, the tobacco warehouse, it is the linchpin of this whole development. Uh, if you turn the lights down too low, you may not be able to see it. Maybe it's lost here. But a- as most of you know, with tobacco warehouses, uh, many of them incorporated that step-down roof, and we intend to preserve that. Can you show me the next one? Uh, that's the existing front there. Now that front of the building, um, Jimmy had somewhere the conceptual plan, but what we wanna do is, uh, have pillars there, but this area will be opened up so that people will be able to stroll through as well as there will be, uh, opportunities to sit and so forth. Yeah, that, that's going to be, um, what remains. Those pillars are gonna hold it up, and then there will be the, uh, uh, the pedestrian area inside there. And so it will be, in effect, a, a covered-type porch that, um, uh, people will be able to go in there and go to the restaurants and so forth. In addition, within this building, we are planning, I, I can't say at this point it's gonna be a, a museum. That would be, I think, too elaborate, but there will be gallery space or an exhibition space that will- ... um, show the history and the importance of tobacco to the local economy, because you all know we used to be the burley capital of the world. And it was the most important crop that most farmers around here grew. And the photo on the, uh, exhibit that I handed out shows th- this very area, and, and what it was like, uh, and really, you can update the cars, but even, I think, within the last 10 and 20 years, we can all remember in the late fall, in the winter, having the tobacco come into the market, and it just dominated this area there. Uh, is there another... Yeah. And this is the inside here on the left-hand side, I guess it would be, yes, on your left too. That's the wall that will be opened up to the outside, and this covered area there will remain, and then the stepped-up area inside, that's where there will be retail cafes and some gallery space in there. And, uh, uh, that's another photo of the inside. It's too bad it doesn't show very well. It might, e- um, in your exhibit book, but there's a beautiful wooden ceiling inside there. And, um, it's, it's, it's very well done and, and it will readily be adaptable for the proposed use. I think it's important to show, um, what the area looks like now. I took these photos the other day. And this is standing on the site itself, it's, it's evident how close the downtown is. It's, uh, all of those buildings are readily identifiable there, every one of them. And in the foreground are the railroad tracks. Immediately on the other side of the railroad tracks, that's where Newtown Pike extension will go. And our pedestrian bridge will connect our site across the tracks, and, uh, ultimately it will connect up to the, uh, the s- the sidewalk area of the Newtown Pike extension. And that's, uh, another photo. It, it shows you where the, uh, South Broadway is down there in the hole. And, um, this will, uh, the, with the pedestrian bridge as well as Newtown Pike, it will make it so much easier to go f- to and from downtown, to and from campus, to and from everywhere. Uh, the Lex is, uh, uh, that building that's going up, um, immediately on the other side of the greenery. And this shows, uh, on the far side there, that's UK's Reynolds building, and that's how close UK's campus is. And when that bridge is built and Newtown, uh, is built, there will be, uh, i- i- i- it will just be, uh, a minute or two stroll away. And I think probably most of you recall when Lexington, uh, in Lexington's earlier days, but South Broadway didn't always go under the railroad tracks. It used to be an at-grade crossing, and that's the photograph on the cover. That's what it showed. And when it was configured in that fashion, it, it, I think there was a lot more, uh, ready accessibility here and there, but putting South Broadway under like that for safety reasons, uh, somehow destroyed the, the real connectivity of the area for pedestrians and so forth. And, again, another shot of, uh, of Broadway and how close we are to the downtown and the university area. And, uh, just immediately on the other side of the railroad tracks, that is where the Scott Street, uh, connector of Newtown Pike extension will go in the very near future. This is on the site where the, the, the restaurant and, um, the pedestrian bridge will go. Not standing, uh, in the, I suppose you might say, close to, if not in the path of the future, uh, connection, this would be, I guess, on the other side of the pedestrian bridge, and Newtown Pike will just go, um, uh, straight up and, uh, dead-end at South Limestone at what will be UK's main entrance. And that doesn't come out very well, but Patterson Office Tower is just across the street, and, and that, that photograph is to show just how close the pedestrian and the bicycle connection is to this project, as well as to the university and the rest of Lexington. And that's an- another one, uh, very similar to that. Uh, on the other side of the railroad tracks, uh, where the cars are, that's where the restaurant/pedestrian bridge will be. That will be our project site. You can see some of the existing buildings on our site. To the left, um, there's some warehouses. There's some aging, I guess, abandoned structures on the railroad property, and that will all be redeveloped. And again, that's where, um, uh, on the other side there, uh, where the restaurant and the amphitheater will go. Uh, the... On the other side of the train is where, uh, the... probably where the movie theater is. And the train there, uh, is a good reminder to me that Mr. Krekorian has a collection of antique train cars, and one of the aspects of this project is, uh, he's going to try to bring them here from California and exhibit some, uh, probably in the area between where the restaurant, uh, amphitheater, and the main movie theater will be. And that will all be... Uh, that's the existing conditions, and, and that will all be gone. And a- again, this shows some of the railroad area that we will be leasing. It's just gravel. It's vacant. It's under-utilized property. So with that in mind, that's, that's what the existing conditions are. The... on, on your, um, um, notebook I handed out, it shows what was. That's what is. Uh, you saw the perspectives of what will be. Now I'd like to just take a moment and talk to you about this developer. Um, he has a history, he has a track record of developing similar projects in vacant, bypassed, under-utilized urban areas. He's developed over 20 similar sorts of movie theaters and, uh, related developments. He has a history of success. He's won many awards for his projects, and I just say this, it's maybe not directly relevant to, uh, the project generally, but it's important to know that he has done this before, he's successful at it, and he saw this land. He was looking for years. He found it, and he wants to do it here, and he's capable of doing it here, uh, with, uh, the approval of a plan and, uh, the tax increment financing to take care of some of these, um, uh, more expensive features. For example, the transmission lines that run down Angliana, those are major lines that will cost several million dollars to bury them. They really need to go too, because they are so close to the street, and it would really interfere with use of the project. With that, the pedestrian bridge, the parking structure, there are significant costs here to bring this to fruition. Um, if, if you all would like, I can show you a three-minute DVD of other projects he's done, and they won't be identical to what he wants to do here, because each design is different. He tailors each development for the local community. He tries to take that into consideration. But I have a three-minute DVD to show you what he's done elsewhere, if you all are interested. It's a pleasure of the commission. I'm sorry? All right. These are before photos, obviously. A lot of this information is in your book, um, but that talks about a statewide, um, award from the California Redevelopment Association. Uh, many of these areas in some of these cities in Downey and Redlands were, um, they were eyesores. Uh, the, the city didn't know what to do with them, and he redeveloped them, and in turn, this has spurred further redevelopment efforts in the area. And they've been a tremendous economic boon to these communities. One of his signature features is... Uh, this is the only time the City of Redlands apparently ever gave a key to the city, or at least the first time when he got it, um, uh, for the redevelopment. Um, one of his signature features for all of his movie theaters is, and that's very similar to the Angliana project, these abandoned warehouses, um, he loves a soaring lobby, a very high, very elegant, um, lobby area, a mezzanine, and that has, uh, hand-cut crystal that he imported from Italy just for that purpose. He uses custom-made furniture and he, uh, really goes for the, I guess, the, the high end to have an overall entertainment experience, and that's how, uh, he has been very, very successful over the last 25 years. And although I don't understand anything about this, the cinemas, uh, are wraparound screens. I've never seen one, but they're supposed to be really good, and special sound systems and 3D digital feed and so forth. So, he really tries to give people a, uh, an entertainment experience. So, uh, anyway, that's, um, that's who he is. Um, that's really all I have. I wanna ask Sarah or Mike if they have any questions. But I would ask that at the conclusion, that you adopt the staff's recommendation and approve this with the conditions as outlined by Jimmy. Thank you, and I'll be available to answer any questions. Okay. Thank you very much. Uh, before we open up for questions, is there anyone in the audience that would like to comment? Knox? Thank you, Madam Chair. Um, my name is Knox Van Nagel, and I'm here on behalf of the Fayette, uh, Alliance, and we join the planning staff in supporting, uh, the preliminary development plan of DP2009-51. We feel that this project will transform a tired and economically depressed industrial corridor into a dynamic urban space, strengthening the town gown, uh, relationship between UK and the city, while complementing the Newtown Pike extension, new student housing development, and other improvements currently underway in the area. With over 8,000 acres of blighted, under-utilized and vacant land inside the urban services area, the alliance conceptually endorses this project. It aims to responsibly accommodate our future growth needs without needlessly consuming our finite and precious farmland, a strategy that expressly furthers the intent of the recently adopted adaptive reuse ZONa, as Jimmy talked about, for the B-4 and I-2 zones, goals 5, 7, 8, 11, and 12 of the 2007 Comp Plan, the spirit of the Downtown Master Plan, and countless other public surveys. Therefore, we ask that you approve this plan in the interest of moving the development plan process and TIF processes forward. We look forward to remaining engaged in future discussions to ensure that the infrastructure, transportation, and other issues, uh, are resolved prior to construction. Thank you all so much. Thank you. Mr. Tate? Good afternoon, I'm Harold Tate of the Downtown Development Authority. Uh, we too are very supportive of this project. I wanted to let you know th- that Mr. Krikorian contacted me about five years ago, so this is not something he just came up with last week. He has been wanting to do this for some time. Uh, we've been looking various locations for sites. Uh, when this one became available, we conta-tacted him immediately. He was very excited. Uh, h-he feels that the energy that's going on downtown, he wants to be a part of it, and he wants to contribute to it as well. And, uh, so we feel that this is something that, once again, is just gonna add another layer of excitement to what's going on downtown. So we too hope that you'll support this project. Thank you, Mr. Tate. Anyone else? Hello, my name's John Sterling, and, uh, I'm a landowner in the area. Uh, just, just north of the property here, we have about six acres and a warehouse. I'm part of the ownership group of, uh, 524 Angliana, the housing project there, and I also own a couple of residential properties on Curry Avenue. I don't know how to get this back in there. Uh, but I just wanted to show our support as a landowner. And also, I mean, if you, from the city's point of view, from the university's point of view, I know if you polled the students, that they would love this, and, uh, but as a local landowner, I just wanted to come in and show my support for, uh, and, uh, applaud him on his vision for what he's, what he's got planned for the property. Thank you. Thank you. The commission members have ... Is there anyone else that would like to speak? Not doing the commission members have any questions? Thank you. Um, I guess, maybe Miss Westover, uh, the pedestrian bridge, can you provide any, any more information? I think you said it's gonna go across the railroad tracks and then across Broadway- Yes. ... over to the Newtown and Pike extension area? That- Uh- What part of it are you, are you gonna be responsible for? All of it or just part of it? You mean to build it? Yes. Oh, yes. Uh, part of our, uh, tax increment financing application will be to, uh, include that, uh, we've estimated it will cost about a million dollars, but we intend to, uh, build it, and then it will be open to the public. Okay. Do you have any concept of what it's gonna look like over on the other side of Broadway? Uh, well, uh, we've had some preliminary discussions about that because timing, uh, is, is, uh, a possible issue too, because ideally it would be better to build it in conjunction with Newtown Pike as it comes through there so it can- ... uh, tie in. I can show you a photograph of the other pedestrian bridge that's a smaller bridge that connects the Newtown Crossing development, uh, across the tracks there. But, uh, that is certainly something that we would need to, uh, work out the design and exactly how that will be anchored in, or if there's a way to do it before Newtown Pike Extension is built. And so we have had those discussions, and that would be something, certainly, that would be part of any final development plan approval and the timing. Let me clarify to make sure that we understand. The pr- the bridge that we are proposing to build, which is essentially what Jimmy's, uh, presentation showed in blue, we're gonna be going up an elevator, over the bridge at the upper level, and back down an elevator on the north side of Broadway. The connection across Broadway itself will be part of the Newtown Pike construction, and that is essentially at grade. We're gonna go up, over, and back down, and then it's gonna be a, a pedestrian connection, but it, it's not, um, it, it is just part of the Newtown, um, the Scott Street connector of the Newtown Extension. This one is the, um, is the one that crosses, um, on... This is the, the parking lot associated, and you're about standing on Scott Street here, and it goes across, but that's kind of at the back of the Newtown Crossing development. You can see it if you look down there by the, the restaurant, but, um, but that's essentially it. It's kind of that scale, what we're talking about. Right. And I, I, I believe there's an elevator in each of those pillars there, and, um, but I can't say that it's going to look like that. I think ours will look, uh, different, but it will incorporate some of those essential features. Elevators and some sort of, um, uh, the, the area in between there will have to be safe to keep people from throwing things off and so forth, and it will allow, um, um, bicyclists as well as pedestrians, and it will be open access for the public. Are there any other questions from the Commission? I have a question for, uh, Jimmy. Um, did I understand you correctly by th- I mean, when you said that you wanted to delete from the staff recommendations number eight and number nine? And number 10, yes. And number 10, okay. Um, we feel that the, um- I, I didn't know whether that was a delete or a resolve. No, I believe that's, uh, able to be deleted now, uh, with that. The staff is very comfortable with this. These types of projects, um, you know, it is a conceptual plan, and I am positive that when the final development plans come in, that it will look slightly different than it looks here today. Um, they always do. But those major conceptual points. And another thing that I, uh, that is important about this preliminary development plan, uh, if, if the Planning Commission approves it today, and, with these major concepts and everything like that, that would kind of set it as an adaptive reuse project and opening up this project for those provisions that we have in the ordinance. That's important, um, mostly for the applicant's TIFF application, which they will be preparing and, uh, with the city and, and submitting to the state. Whenever that comes time, you will see this project again, but in a slightly different, uh, if you remember with your previous two TIFF applications, the Planning Commission does have to look at this plan and, uh, and how it fits with our comprehensive plan, and that's one of the, uh, things that par- goes forward to the state with the TIFF applications. Hopefully, the work that has been done here today will make that decision very easy to make, uh, if you approve this plan today. Thank you. Thank you very much. Are there other questions? Um, - Madam Chair, I had, I'm sorry, I don't have a question, I have a comment. I think this is a great plan, and I applaud the team that's been, uh, working on it, obviously, for a long time. I think it looks great. Thank you. Anyone else like to comment or question? Uh, well, well, Jimmy sat down, but he doesn't have to stand back up. Uh, I'd just like to say thanks for the visuals, uh, with all this, uh, including Google Earth. Uh, having that, uh, presents a much better picture than just a, uh, drawing. Yes. In, in this particular case, the- Uh, almost three-dimensional. ... the synergy that it has with the Red Mile project and those big overall issues, it, it, we felt that it was worth the time and effort to try and do that for you. There are other comments? Ms. Copeland. Um, on this, who can answer, what are his ties to the Bluegrass, or does he have any? I'm really happy that you asked that question, because Sarah reminded me that I forgot to mention that. But, uh, Mr. Krekorian has horses. Uh, his father was a horse trainer up, uh, in New Hampshire. I think there's a town called Rockingham, which might be in Massachusetts. But anyway, he grew up with his father, who was a horse trainer, and when he moved to California, he had his love of horses, and so he started, um, I guess, buying horses, racing horses. And, uh, I guess maybe a year ago, he purchased a farm, and it straddles Jessamine County and Woodford County. He says it's in Woodford County, but I think it's really in both. And he has a number of broodmares there, and he has a number of horses that race in, uh, New York, California, and Kentucky. And this is a total aside, but I understand that all of his horses, as well as his farm, they all have names that relate to show business. And, uh, so his tie is he has been coming here for years to the sales. Uh, I, I guess he, uh, maybe raised here, I'm not sure, but then he bought the farm. He boarded for a while before he bought this farm. So, eh, that's why he's here. He is a, a, a local, uh, landowner and a frequent resident, although his main home is in, um, California. Are there other questions? Not? We'll close this portion, and I will, uh, accept a, a motion. Madam Chair, I move for approval of DP2009-51, with, um, seven conditions as recommended by staff, deleting eight, nine and ten. D- I have a motion and a second for approval of DP2009-51 Angliana Avenue Adaptive Reuse Showprop, Lexington. All in favor say, "Aye." Aye. Opposed, like sign? Motion carries. Thank you all. Very much. Thank you. Can we go back and look at that? Where that, the door is at? With the lights? In the back of the room? Yeah. The light on table 18? Uh, 28. Sorry. Ah. That's where I was at first. Yeah. All right, we actually followed the rules. Thank you. Thank you all. Where's he been for five years? Trying to find his property. I think- Yeah. I mean, it's perfect here. Getting those UK students and- You get that, you get that. Now. They've got about five or 10 people. Old thing, slum area. We're going to move forward. Right. Yes. Make sure you get all that. Jimmy should've, like, given us some popcorn to go with this. Hold on. We s- we still have some business to conduct this afternoon. Thank you. Mr. Martin. Madam Chairman, members of the Commission, on page eight of your agenda, we have, uh, minor plans that we are referring to you today. These are two public acquisition record plats. They are for abandoned railroad right-of-way that is being acquired by the city for the Rails to Trails program. We have a section here on the Clark property that crosses Polo Club Boulevard. In this direction, to the west, would be Bryant Road, Hamburg, Man-O-War, you recent had the, uh, zone change and the liquor barn. You may recall, there's a staging area for Rails to Trails in that area. Well, we're moving east here with this section of that abandoned right-of-way. And then this section is further east and it's over towards the interdiction and the park land that the city has, uh, and this again though is Clark property. And ag- it, uh, again, this is a small parcel of a less than an acre that is being acquired by the city. The plans have been referred to you today because they need a waiver. And that waiver is, again, has been given to you and it's on white paper, like the others. It is, uh, has both plans, Clark property, 2009-90PA, 2009-91PA, those are the plans, uh, Clark property right-of-way and Clark, Clark, pardon me, Clark property unit 1E. Again, they are being referr- referred to you today because of the waiver request and it's interesting. It is a request for the owner's certification to be changed. And that is due, again, to the unique situation that this is abandoned right-of-way. And because of that, the applicant's attorney, in working with the city's attorneys, determined that it would be best in order to transfer this property to the city very cleanly, uh, to change the owner's certification, which, um, has been proposed and you can see that in your, on the back page of your report. The staff, of course, has recommended approval of this and would be happy to answer any questions you may have. Are there questions from any of the commission members? Thank you. Applicant? Thank you. I'm Dick Murphy representing the, uh, North 40 Properties LLC and the Clark family. And, uh, I'm not sure if we're actually the applicant. Uh, the city may be the applicant on this one. Uh, but we had worked with the city on doing this. The purpose of doing this is to dedicate the Rails to Trails, which we've been, uh, looking at my file, we've been working on this for eight years with the city. And finally, this will come to pass. And, uh, we're very glad to be doing this. We, uh, uh, we need to change the owner's certification to accurately reflect the ownership situation of that property out there. We, I had worked on this with Andrea Weddle when she was, um, city attorney, uh, before she left, on this. So really, that's, uh, this is just to facilitate the acquisition of this property by the city. Are there any questions? There's no one left to comment- ... in the audience, so- Madam Chairman, I'd like to move for, uh, approval of, um, plans 2009-90PA and 2009-91PA, um, to include an approval of the requested waiver for both. Second. I have a motion and a second. Uh, any further discussion? If not, all in favor? I. Opposed? Motion carries. Thank you, Mr. Murphy. It's, uh- Now, where is it? ... it's dedicated. We do get exactly the credits for it. There's no money to be made. Next, uh, the next item of business, uh, for the commission this afternoon is the performance bond letters of credit. I think everyone has the memorandum, uh, for consideration for release. Madam Chair, I'd like to move for approval of the, uh, release and call of bonds dated August 13th from Ron St. Clair to Chris King. Do I hear a second? Second. Motion's made and second. All in favor, say aye. I. Opposed likewise. Motion carries. Next item is staff item, um, are there any... Well, first let me ask, are there any, uh, commissioners who have anything that they would like to bring up at this time? If not, we'll move on to the staff items. And there's a sub, uh, a subdivision regulation text amendment. We'd like to ask you to initiate this subdivision regulation text amendment. Um, this is an offshoot of the work being done on the still not finalized, but actively being implemented consent decree. One of the features of that, uh, agreement includes, um, a long-term commitment to green infrastructure and doing things of that nature. And to demonstrate our first step in supporting this, uh, concept, this text amendment will basically put language in place regarding waivers to subdivision regulations to ensure that our regulations do not include undue impediments to the, uh, putting in green infrastructure and low impact development, uh, features. So we're going to develop this, uh, text amendment, uh, very quickly. This will be on a very fast track, and I think it's something that you and the community will be pleased with. We ask you to initiate it today. Thank- thank you. Uh, do I hear a motion that we initiate, uh, this text amendment? Um, Madam Chairman, I move that we go forward with initiating this text amendment. It sounds like a good plan for everybody. Second? Second. All in favor? I. All opposed? Motion carries. Do move ahead. Excellent, thank you. The only other item the staff would like to mention is to remind you of your work session next week in this room. Um, we will be having our next attempt at the little boxes in front of you, and there's been a shakedown in the interim, and I think everything will be working very well this time. And we will go ahead and, and move to implement that- 10,000. ... again, with some, uh, some training. We'll also be presenting the final report of the Red Mile working group, which had its final meeting this last Tuesday. Uh, we feel very good about that process and about the report that will be coming to you. It will help inform the more formal decision-making process of text amendments and zone changes for, uh, the Red Mile project. And we also have a few other items that we're going to bring that I think will be of interest to you. There's no further business. Do I hear a motion to adjourn? So moved. All in favor? I. Opposed? Motion carries. Meeting's adjourned.