--hey. Take a look at me now. Call the meeting to order, please. Uh, for those of you who might be wondering what has happened to the chair, Mr. Penn, I understand that, um, that The Weather Channel works in parts all over the world and he under- he found out what the weather was like here, so he has extended his vacation a little bit longer. Um, so anyway, I'm hoping for sunshine and warm weather next week. Um, we'll, um, call the meeting to order and there, uh, uh, are there minutes from the January 14th meeting. Do I hear a motion that we approve those minutes? I move we approve the minutes of January the 14th, 2010. Is there a second? Second. All in favor? Aye. I will make note that the computer is working this y- this, uh, this day, so we'll rem- remember to, to vote and, uh, to put your motions in on the computer. We have people not quite ready yet. Okay. All right. Do we have any postponements and withdrawals? Madam Chair, if there are none from the audience, there is one item. The staff has been requested to ask for postponement that appears on page four of your agenda under Commission Items. The first item, Commission Consideration of a Resolution Regarding the World Equestrian Games. The folks, uh, involved in that have asked for, uh, additional time. Uh, it'll either be re-docketed for your next February meeting or, uh, the meeting after that is the best estimation at this point. Thank you. Are there, uh, any, uh, items for the consent agenda, Mr. Sal? Uh, Madam Chair, there are. Uh, does that require a vote or it's just pull, okay. I think we're okay. Okay. This is not a notice-type item or anything. Gotcha. And I think just being, moving it on is fine. There are, uh, Madam Chair, there are two items that appear on your consent agenda. Uh, the first appears on the bottom of the first page. Item A, 2A, I should say, DP 2010-2, Amendment Number 23 to the Final Development Plan for Turfland Mall. This is for property located at 2195 Harrisburg Road. The other item that appears on your consent agenda is on page two of your agenda. Item BDP 2010-6, a final development plan for Big Brothers and Big Sisters property located at 1112 Oak Hill Drive. Both of these development plans have been recommended for conditional approval by your subdivision committee, and they can be considered at this time for approval on your consent agenda unless, uh, one of the planning commission members or a member of the audience, uh, would like to remove these, one of these items for further discussion by the commission. Thank you. Thank you, Mr. Sal. Is there anyone, uh, in the audience who would like to object? The commission members who would like to pull either one of these items for further discussion? If not, do I hear a motion that we, uh, accept the two items that are on the, uh, consent agenda? DP 2010-2, Turfland Mall and DP 2010-6, Big Brothers Big Sisters property? Sure. Uh, Madam Chairman, I'll move for approval- Uh-huh. ... the consent agenda as read. Second. We have a motion and a second. All in favor say aye. Aye. Via computer. That can't be right. I don't know. All right, I'm not getting anything. Motion carries. Sorry. It's quite all right. Madam Chairman, members of the commission- No comment. ... first item on today's agenda is on page one, preliminary plans, Plan 2010-8P, Mayhan Property. This is a preliminary subdivision plan. Not working? Might be having my... Ah, there we go now. Thank you. The- Mayhan property is located to the south of Man O' War Boulevard, east of Man O' War Boulevard and Nicholasville Roads' intersection. You're probably aware, at that intersection you have the Walmart, the Fritts Family Farm, UK South Farm in that area. Approximately a half a mile, just over a half a mile from that intersection here, you have the Mayhan property. It is, uh, bordered by, uh, the Waterford subdivision to the east, the Pickway subdivision to the west. Here, down here, we have the South Point subdivision. The plan that you see before you today is an amendment to this part of the Mayhan development, the southern part of the development. It is a little over 22 acres in size, the area of amendment. There are 124 single-family lots. You have Osborne Way that comes in off Man O' War. This is... becomes Mooncoin Way. This is a collector. It joins with Victoria Way, which is also a collector. They co- Uh, they, they extend as Victoria Way to here, where they meet Ridgeway. Victoria Way extends here into Pickway. Ridgeway extends into Waterford. I did hand out t- to you a map. You'll find it in front. We're gonna put it up on the screen for us. This is just to illustrate the streets in this area. Highlighted in red, you will see the collector system that exists as recommended, uh, by the comprehensive plan and as well as what's been built. And you can see, again, you have Victoria Way, Ridge Water, uh, that lead to Clear Water. South Point is to the south, it too is a collector. And you can see highlighted in blue, the Mayhan property and the collector system as it moves through this property. The plan was initially presented to staff... Stopped Ridge Water in this area and proposed the cul-de-sac, the original plan amendment submitted. Mooncoin, which has been moved slightly to the west to come from... Instead of over in this way and down, it now comes this way. And on that original amendment, they had Catherine Place with a short extension from Mooncoin, and they had a cul-de-sac standing independently in this area. Staff was very concerned about the connectivity. Uh, staff was extremely concerned about the lack of, of proper transition and connection of a collector street. At that time, we recommended postponement. Subsequently, we received the revised plan that you see before you today. Uh, you can see again, they have addressed staff's concerns with the connection of the collector, Ridgeway through here. This cul-de-sac now, we have a loop system in here. Uh, the staff, uh, sees the connectivity of this plan as being much improved. Another issue in the moving of Mooncoin that I want to bring to your attention is that these lots right in here are part of the amendment. This is an access way to this greenway. This is a floodplain and a greenway. The access point, per staff's desire, is lined up with Mooncoin. Originally, when Mooncoin came down through here, that access was right in here. Since they have shifted Mooncoin approximately 225 feet, they're showing the access to the greenway, again, aligned up with Mooncoin. With this revision, staff has revised their recommendation. You will find again before you, perhaps in your packet, in the gold sheet, the revised recommendations that the staff has. They, uh, recommendations are very standard, with urban county engineer, traffic engineer, building inspection, addressing office, urban forester, our Department of Environmental Quality, our green space planner, all standard sign-offs. We do, uh, we are asking them to clarify and correct the floodplain information. Again, that is relative to these lots that are now part of this amendment. There is a floodplain through here. They have been working with FEMA, and it's staff's understanding they have a COMR, so the information is updated. We would like to have that reflected as it affects these lots. Uh, we also are asking them to extend the area of amendment to include the easement. Since they're removing it, as this, in this area, we would just like for them to include the recreation of it by just adding this area to the amendment. Uh, the last condition you see on your revised handout is that it is a late plan and must be reviewed by technical committee prior to certification. And if there are any questions, I'll be happy to try to answer 'em. Does anyone have any questions, Mr. Martin? Mr. Holmes. I have one, Ms. Martin. On the -- I -- I'm glad you addressed the connectivity of the two loose trees there. What about the other cul-de-sac? Is the staff okay with, uh, the one cul- cul-de-sac that's remaining there? This little cul-de-sac right here? Th- yes, sir. We, we have always actually been okay with that cul-de-sac. Are there other questions from the commission? Thank you, Mr. Martin. Thank you. Petitioner? Your -- Wow. I'm Rory Kayleigh with EA Partners, uh, here with Howard Cruz and, uh, Bill Alear. Uh, we've read the conditions and we are agreeable to the 11 and request approval. Are there any questions? The commission? Thank you, sir. Thank you. Floor is now open for discussion. Any discussion? If not, the chair will entertain a motion for approval. Madam Chairman, I'd like to move approval of 2010-8P, Mayhan Property. Is there a second? I'll second. Second by Mr. Holmes. All in favor, please say, "I." Or vote, and vote. Motion carries. Madam Chairman, members of the commission, the next item on your agenda is on page two. It is item C, DP 2009-65, Mayhan Property Apartments Amended. This is, of course, another section of the Mayhan Property. To give you orientation on the total property, where this area of amendment is, it is this area right in here. Again, Victoria Way, here is the area of amendment for the apartment development plan. Here we have the development plan and, and again, this is the area of amendment. Here's Victoria Way. These are the four apartment buildings they're proposing o- on this acreage. This is the associated parking. It is approximately five acres of land, and they're proposing 96 additional units. You may recall, when we originally presented this plan to you, there was considerable discussion about the proper buffer along this property line with Pickway Subdivision and, uh, somewhat of a more limited discussion about a buffer along this line. Uh, this plan is before you today because of this plan and the amendment of this plan. Again, as Mooncoin was shifted slightly to come down this way and move that part of the intersection, this area changed. You can see it curves in, the radius, and before, it curved out. So actually, this plan is before you because of that slight change in the property. On your agenda, you do see a set of conditions for this property. There are nine. These are the original conditions from the original approval of this plan. It was recommended for postponement at the subdivision committee because of the previous plan. And that was the reason for that, that postponement recommendation, because this plan amendment hinged on approval of that plan. At this point, staff is satisfied with the plan you see before you, and the staff is comfortable recommending approval subject to the conditions, the nine conditions that you see on your agenda today. Are there questions for Mr. Martin? Thank you, sir. Petitioner? Rory Kayleigh with EA Partners. We're in agreement with the nine conditions and request approval. Are there commissioners who would like to, uh, have questions for the petitioner? If not, we'll close that portion. Is there anyone in the audience who would like to speak to this? If not, uh, floor is open for, uh, discussion. Miss Copeland? Yes, with the increased green space behind the apartment building, what's gonna happen to that? I mean, do you have plans for 10 or 15 more s- square feet, I mean, footage of- I'm not sure. ... how are you gonna use the space? Is this on? What... I'm, I'm not sure what open, extra open space you're talking about. If you go behind the apartment building, right there, th- you got more space. How do you plan to use it? Um, from what we had before, we don't actually have anymore. The, the road used to curve this way, we've lo- we've... it's actually come up, the road now comes closer to this proposed building than what it did before. Previous plan had us coming, once we crossed Victoria Way, the street was curving this way. Oh, okay, so- And then w- we came back as w- yeah, we just had to scoot the road enough over here. So you actually went this? Yeah. Oh. Are there other questions? If not, the, uh, chair will entertain a motion for DP2009-65, the Mayim Property Apartments with the nine conditions as listed. Madam Chair, I move for approval of DP2009-65. Is there a second? Second. Motion's been made and second. All in favor, please vote appropriately. Motion carries. Thank you all. Thanks. Because of, uh, uh, another TIF presentation that has to be made in another county this afternoon, we're gonna change the agenda slightly and a- ask Mr. Simpson if he would like to, uh, make his TIF presentation. If they'd like to do that now. Uh, we don't wanna make you late for another presentation. Madam chair p- person, I appreciate that. I, I didn't know if you wanted Barb Rackers to present her report first and then we can... 'cause basically I'm just gonna ditto what she says. Good afternoon. This is on page four of your agenda. It's item C under commission items. Um, it's a TIF application for the Turfland Mall Town Center, and they're asking for a blighted urban mixed use redevelopment area TIF district. Uh, the applicant is Rubloff Development Group, and the owner of the property is also Rubloff. And this is the former Turfland Mall property on Harrisburg Road. We've got Lane Allen along here, Harrisburg Road along here, and then the boundary of the mall property is this, with the exception of the little bitty bank property in there. And that will be the boundary of the TIF district as well. Um, the exhibit that you have attached to your staff report, Bill, if you could put that up please, that shows the proposed project. And the dashed line around there is als- is the line it matches the boundary of the, of the mall property that I just showed you. Um, the Walgreens and the restaurants and the Verizon call facility and Home Depot and the bank are not gonna be included as part of this. Dillard's will remain, as you can see on the, on the, um, exhibit there. Dillard's is going to remain. They're gonna renovate it into a two story, it'll remain two story. They're gonna renovate it into either totally office or a combination office commercial. They, it depends on the, on the anchor that they get. But they're gonna renovate that. It'll be about 80 to 84,000 square feet on each floor. And then the rest of the mall between Dillard's and Home Depot will be de- demolished. They're gonna replace that with a three-tier parking structure, and then there will be buildings, a building around that and then another building here that will be mixed use. There'll be, um, offices and commercial on the bottom floors, or maybe just commercial on the bottom floor, and then it'll be residential on the, on the second and third stories. The, like I said, the garage will be a three-tier thing. And then they also propose to have two commerce centers in the back of the property. Those will also be three story, and they will be about 32,000 square feet for each floor. It'll be a mixed use development. They ha- are gonna have public and private improvements, and the public improvements, um, are, that are TIF eligible are listed on the bottom of page one and the top of page two of your staff report. And then the private improvements will be the residential, the office, the retail, and the commercial restaurant, whatever they use, whatever they have. And if the TIF is implemented, then they hope to have this fully built out by 2014. They cons- they figured that it'd probably be a three or four year process. As you know, it's required by state statute for you all to review a TIF development plan for compliance with a comprehensive plan. And that's prior to the hearing by the Urban County Council, and I've been told that that's supposed to be on February 23rd. So in reviewing the twe- 2007 plan, there are several elements that relate to this that either support this or are supported by the proposed project. The mission statement and the vision for Lexington Fayette County supply the basis for development and urban development land use decisions, and that includes urban design. Four of the themes in that vision apply to this, and those are on page two. Implementing infill and redevelopment strategies that expand residential and commercial opportunities are appropriate in character and design and complement and reinforce the fabric of the neighborhood enabling the creation, growth, and retention of jobs that promote a strong progressive and diversified urban and rural economy, developing a green infrastructure system with open space, facilities, and amenities that serve all citizens and help create a sense of community and providing infrastructure improvements to fully serve existing developments to accommodate current growth, to plan for long-term future urban needs, and to enhance the high quality of life in Lexington. And then we've got 21 goals and objecti- or 21 goals and then objectives that go along with those goals in the comprehensive plan. There are nine goals that specifically relate to this, and then the goals of those or the objectives of those goals, plus the objectives of five other ones that relate to this. Those are all listed on pages three to seven of your staff report. The land use element also supports it, both the text and the map of the land use element. Um, Turfland Mall is obviously not within downtown, but there are two principles of the downtown plan element that do apply to this. One is to increase residential development, which they're doing, and the other is to invest in a pedestrian network. And what they plan to do is, um, provide as much as possible of a bike and pedestrian connection to the greenway across, across, um, Lane Allen, the Wolf Run Greenway, and then to the adjoining residential neighborhoods. And then, also, three of the land use principles that are used to formulate the comp plan are supported by this, and they're listed on page eight. One of those is particularly applicable as it relates to redevelopment of, of urban, urban spaces and malls. Plan for the adaptive reuse of old shopping centers through redevelopment as mixed-use centers, with a street network interconnecting with the existing surrounding neighborhood and providing for residential redevelopment on the site. So that's very much applicable to this. And as part of this mixed-use project, um, Ruibloch is intending to provide a space for, um, public art exhibits, and they hope to increase tourism and provide cultural, more cultural experience or whatever you wanna call it- I have a question. ... for the people of Lexington, and that goes along with the objectives, um, and goals of the comprehensive plan, 10 and 20 particularly as they relate to tourism and, and, um, cultural facilities. The land use map recommends retail, trade, and personal services, or professional services for this, which is a mixed-use category that encourages a variety of professional, office, and retail uses, both as a horizontal mix and a, and a vertical mix. And that's reflective of the B6-P zoning of the property. And B6-P allows all the uses that are proposed for this, and the proposed use will coincide with the land use recommendation. So that's another way that it, that it, um, is in compliance with the plan. The new construction will be LEED certified, both buildings and site design. In the Dillard's renovation, they're intending to do as much LEED construction as possible. And one of the tenets of the comprehensive plan is environmental responsibility and stewardship. That's encouraged by the plan, so this LEED certification with regard to construction and the design of the property will further ensure compliance with the comprehensive plan as well. And then part of the certification that you all need to do, it, we have to include a recommendation as far as zone changes or text amendments or any other changes that might be needed to, um, accommodate the TIF development. And the zoning is in place. Like I said, it's B6-P. There aren't any text amendments needed. The last IR text amendment took care of that. We allowed, um, residential uses in the B6-P zone with projects such as this in mind. So all of the proposed uses that they have on the property or for the property are allowed in the B6-P zone. There aren't any environmental issues that we know of that are related to this other than stormwater detention and water quality, and those will hopefully be addressed as the property develops and with the final development plan. They're proposing, um, permeable pavers to replace all the, all the surface parking that's there now, all the asphalt with permeable pavers. They're providing open space, they're providing additional landscaping, so all of that will hopefully, hopefully mitigate the stormwater problems that have been experienced in the, in the area. The property was developed back in the '60s before stormwater, um, detention on site was required. And so that led to property downstream having, having problems, and so they're, they're gonna mitigate that. Um, the vision for Lexington-Fayette County states that the built areas of Lexington consist of a collection of diverse neighborhoods, and each one has its own identity and together they form the building blocks of the community. And all neighborhoods should be a desirable place to live and work. And one of the challenges of our planning efforts in Lexington is to, is to sustain Lexington's unique development pattern and allow for the preservation, and redevelopment of the built environment such as what they're suggesting here is, is a way to, to achieve that. And so we see this as being in compliance with the comprehensive plan, and it will help to implement several goals and objectives as well as the land use element of the plan. We ask for your approval and certification of this, and if you have any questions about the staff report, I'll be glad to answer them. Mr. Simpson is here to present any other information or answer other, any other questions. Does anyone have any, any questions? Ms. Copeland? Um, it seems to me we had underground detention south of Dillard's previously. Did I dream that or now it's turned to permeable pa- pavers? I'm not sure, with regard to this? Uh-huh. In, in regard to this site, we were gonna have underground detention sit- Underground detention as well as permeable pavers. Oh, you were gonna do both? Yeah. Oh, okay. Yeah. Are there other questions? Mr. Holmes? Yes, Mr. Ackerson. And, and this might be appropriate for developers, but, uh, couple, um, does this TIF, is it in conflict with any of our adopted goals and objectives of the comprehensive plan? Do you see anything- I'm sorry could you, repeat that? Does the TIF, is, is it in, uh, conflict with any of our adopted goals and objectives of the comprehensive plan? I didn't find any that were, uh-huh. Okay. And, but others are design questions, so should I save those for- Probably, yeah. Are there other questions? Ms. Phillips? Um, Barb, is this our fourth or fifth- Yes, fifth one. ... TICS, TIF request? And can you, um, just to be clear, uh, can you explain what happens after the 30-year amortization process? I have no idea. Okay. Mr. Simpson probably could answer that for you. Thank you. Are there other questions? Not? Okay, thank you. Thank you very much. Petitioner? Thank you, Bruce Simpson. I'm here today on behalf of, um, Rubloff Company, uh, in connection with the application, uh, for TIF. Um, you are, are one of the few communities that have had more than one TIF application. Uh, later on this afternoon, um, I'll be going to Versailles, again on behalf of Rubloff, uh, to seek another TIF application for Versailles Center. It's a shopping center. It's been sitting, uh, pretty much like, uh, uh, Turfland Mall, except longer, uh, undeveloped, um, for a number of reasons, and we're hoping that the TIF, uh, tax increment, uh, financing, um, alternative will give some life to that project as well. Uh, clearly Barb summarized, um, the justification for our TIF application very well, and there's no need for us to go into an- any repetitive detail on that. We also ... My partner submitted a, uh, very lengthy justification letter along with the company exhibits, uh, when we filed this application, which sets forth, uh, the nuts and bolts of, uh, our justification in terms of compliance, and when the legislature enacted this legislation to recognize that there were certain areas and certain communities around the state of Connec- Kentucky, not just Louisville, because, uh, up until about three or four years ago, only Louisville had the benefit of this TIF, and now it's available for every community. One of the provisions that they instituted was that, um, any person, any developer that wanted to take advantage of TIF, uh, incentives had to go to the planning commission to submit their proposal for review to have them certify that, in fact, uh, what's being proposed is consistent with the comprehensive plan, and that is the jurisdiction of this body with respect to TIF. Uh, the Urban County Council obviously gets into much more detail about the economic consequences and the payoffs and the revenues and that sort of thing, um, and then it goes on up to the state for multi-agency review at the state level, and the whole process is, uh, takes a fairly long period of time, and is, uh, submitted to a whole lot of, of scrutiny. I say all of that simply to, um ... for those new members who may not have been on some of the previous TIF hearings to kind of get caught up to date in terms of what the focal point is, uh, for these kinds of proceedings, because it's not like a zone change or a subdivision plan review. Um, it is simply a requirement under law that we have to come before this body and say that, uh, our proposal in connection with Turfland Mall does conform with the comprehensive plan in 2007, primarily because we're doing the uses that exactly are allowed there today, which are endorsed by the 2007, uh, Comprehensive Plan. Um, in terms of additional information, I, I do want to say that Rubloff did reach out to the surrounding neighborhoods. We, um, had a real good turnout, uh, about a month ago at Alika Shriners Temple, had about a 125 people attend. We had about a two and a half hour, three-hour meeting at which we presented, uh, the concepts and proposals of, uh, what we hoped would come about if we're successful in getting the TIF and if we get the tenants, uh, to come in and occupy these spaces, and answered their questions and pledged to them that if we do get the TIF and we do get the tenants, that we will continue to notify them, work with them, uh, in terms of, uh, the progress of redeveloping Turfland Mall. As, as all of you know, and as I certainly have experienced in the number of times that I've come down here, being transparent, uh, being credible with your neighbors is critical. It, uh, it saves a lot of, uh, unnecessary controversy, and, uh, perhaps you can come up with even better ideas to make the project better. So, uh, we have consulted with the neighbors. Uh, we do agree with the staff's recommendation for approval. Uh, in their staff report on the last page is a certification, is a part of the motion that we need for you all to pass on today, that, in fact, our application is in conformance with the comprehensive plan. We ask for your favorable approval in connection, uh, with that request, and, uh, I'm here to answer any questions that you may have. Thank you, Mr. Simpson. Are there questions for Mr. Simpson? Uh, Ms. Phillips. Uh, can you answer the question that I asked Barb about, um, 'cause the, the TIF is for a 30-year window, yes? Well, it's, I believe it's 20 years. Okay. And, um, I don't pretend to be the, uh, e- economic expert. John Ferris has developed a little niche for himself. He, uh, used to be Secretary of Finance, and he drafted legislation, and now he's helping communities all over the state, uh, and developers, uh, apply for these funds, but the basic theory is you take it, you're taking the property as it is now, which is generating near to nothing. There are four proper- four, um, tenants on the property, none in the interior. A significant amount of the interior of that mall is, um, failing. Uh, it's not gener- regenerating any payroll tax, uh, to speak of or any sales tax to speak of. The property tax has been devalued because of lack of activi- activity there, um, and obviously no income tax, corporate income tax. And so, the general theory is that, uh, uh, the local government, state government say, "Okay, what can we do to give incentives to projects like this to get 'em up and going to generate, uh, revenue for themselves and also to, uh, generate revenues for their local government?" And so, um, they can, uh, set aside, excuse me, 80% of the money that would be generated, um, over a 20-year period from sales tax, property tax, occupational tax, corporate income tax to pay for public infrastructure improvements, and that's defined in the statute in terms of what those consist of. Uh, in this particular case, um, as most of you probably aware, Turfland Mall, the property itself has a great deal of, uh, impervious surface. It was developed in '67 when the detention standards were... ... very de minimis. And, uh, a substantial amount of stormwater now comes off Turflint Mall into the Wolf Run Watershed, which causes two problems. Number one, water quality problems. And also, we have a significant sanitary sewer problem on the other side of Lane Allen Road, opposite Turflint Mall, which overflows in wet weather. Uh, the moneys, part of the moneys that we'll get with this TIF application will, uh, upsize the sanitary sewer lines. Um, as Barb mentioned, we're gonna pave all the parking lot with, uh, permeable pavers and to the extent it's necessary, an underground storage vault. Again, that's an engineered solution that would have to be looked at, obviously, in more detail when we come back with a final development plan for your all's review and pass through this TRC and, and, and the subdivision committee and that kind of thing. Um, but these public improvements is, is what the TIF is designed to do. And this project would not be built, uh, but for getting these TIF funds. No private developer's gonna come in and, uh, spend the kind of money it's gonna take to comply with the consent decree and, uh, the other new requirements that are instituted with respect to stormwater and sanitary sewer, um, to get this project, uh, more marketable. It will probably just sit there without these TIF monies. So, I mean, that's in general what it's designed to do. And, and the money, there's no taxes to the taxpayer. Uh, this is just, uh, recapturing revenues that will be generated in the future and if the revenues aren't generated, then there's no reimbursement for what's been paid. So it's a, it's a really good concept, win-win. And, and the risk, um, to the government is zero because, uh, in this case, there's no bond money being requested. The government doesn't have to put up anything upfront. Uh, the developer bears the entire risk of the whole project going forward. So we think it's an opportunity and, uh, you know, we, we're hopeful that we'll be successful. Are there other questions, Mr. Holmes? Yeah. I just had a couple. Um, when, when the TIF is approved, I mean, are you just tied to the... How, how much are we tied to the concept b- of the plan they have before us now? Does... Can that change? And obviously, I guess it will change. Like it says, 27, you know, residential units, uh, proposed commercial. I mean, is that still a very conceptual stage? It is conceptual. Right now, we have 88 proposed residential units on the property. Um, and, uh, actually, the statute doesn't even require a preliminary development plan. Um, in fact, some of the jurisdictions around the state, um, you can take your TIF application, uh, to the head of the planning staff and they can certify that it's in compliance with the comprehensive plan. And then you move on to the local government to deal with, uh, actually the tax increment financing component of it. And then on up to the Frankfurt to, to, to work with the state officials. But then, of course, when it comes back, you have a tenant, you're going forward, then obviously the planning commission weighs in on every feature of it. Um, the concept that we've shared, uh, with the neighbors and, uh, with the staff with this preliminary development plan, uh, is conceptual. Uh, the, uh, Zach Knudsen, the CEO of, uh, Rubaloff represented to the neighbors that, uh, quite candidly, this was all contingent upon getting a major anchor tenant at the Dillard's store. Without that, then, you know, we probably wouldn't even pursue the TIF application. Uh, but at least it's another alternative, which we don't have now. But no, we're not married to this plan specifically. Uh, it can change. Um, but again, we pledged to the neighbors, we're pledging to you now that we'll be transparent. Any changes that would depart from what we showed initially, uh, we've got all the email and mailing addresses of everybody attended that meeting. And of course, then we'd have another meeting if there's any radical changes, uh, in connection with what we're proposing. Um, don't anticipate that there will be many, but in this economy, if something comes along that's, you know, you really had to take ahold of and make some changes then, you know, we'll do that and then work with the neighbors, work with the staff, and work with you all on getting it done. Did you have another question, Mr. Holmes? No. Are there other questions? If not, thank you very much. Thank you. According to, um, the charge that's already been given to us, we need, we'll need a motion that, uh, states that we have compliance, uh, with this proposed Turflint TIF, uh, in, uh, with our comprehensive plan. So do I hear a motion? Mr. Owens. Madam Chairman, I'll move that, uh, this TIF application is in compliance with the comprehensive plan and, and ask that it move forward. Mr. Cravens. Second. Second. All in favor, please vote. Motion carries. Thank you very much. Thank you, and thank you for accommodating us. You're quite welcome. . Now we're going to, uh, return to the, uh, agenda as it, as it reads. Our next, uh, item of business today is performance bonds and letters of credit. And, uh, do I hear a, uh, you have this white sheets, um, do I hear a motion that, for release and the call of the bonds, performance bonds? Madam Chair, I'd like to move for, um, acceptance of the release and call of bonds, um, dated February 11th, 2010, to Chris King from Ron Saintclair. Second. We have a motion and second. All in favor, please vote by saying aye. Motion carries. Thank you very much. Next item on our agenda, uh, it's a regulation amendment, uh, for SRA 2009-3, the cemetery protections. I believe Ms. Wade has that information. Good afternoon, Madam Chair, members of the commission. Again, this is at the bottom of page two of your agenda, and it is item DA. Um, SRA 2009-3 and it... This is a text amendment that was initiated by the planning commission last year, and it is, um, a request to clarify that the existing subdivision regulations do apply, um, not just to burial grounds, but also to the protection of private family cemeteries. The planning commission reviewed a zoning ordinance text amendment in November of last year, which was sent to the council and has been adopted, so this sub reg amendment is, um, in some ways, a supplement to that, uh, or a sister, um, amendment to that request. The, um, original request to, uh, look at cemetery protection in Fayette County came from the 2007 comprehensive plan update by the Fayette County Cemetery Trust. And they asked the commission at that time to, um, develop some regulations to protect private family cemeteries that were, um, for the most part in rural areas, but as the urban service boundary changed, had become part, um, part of the urban service area and were being, um, threatened in some ways by development. Uh, in 2005, the planning commission did agree to, uh, add cemetery protection as part of their, um, as part of the goals and objectives of the comprehensive plan. And specifically, goal five, uh, requires or, um, asks that the community protect and preserve Fayette County's significant historic and cultural heritage. And then there are two objectives that specifically point to protection of, um, cemetery sites as, uh, historical and cultural sites to be protected. Uh, the text amendment specifically in front of you today is to article five of the land subdivision regulations. And you do have a tan staff report in front of you as well, uh, for this item. Uh, the specific changes are to require that all burial grounds, um, and private cemeteries be shown on any preliminary development or preliminary subdivision plan and all final record plats, whether on the subject property or on any adjacent property, if those are known about. And then the other, uh, changes are to require clear maintenance requirements or maintenance responsibilities for cemeteries, um, for the cemetery, the landscaping, and also any access easements to those locations. Um, together with the recently approved ZONA, the staff believes that these changes, uh, will help to implement the 2000 comprehensive plan in terms of protecting Fayette County's, uh, cultural and heritagial... heritage, cultural and historical resources, and the staff, as well as the subdivision committee recommended approval of this change. Thank you. Are there questions? Thank you. If there are no questions, then we, uh, we will entertain a motion for SRA 2009-3, cemetery protections, which is an amendment to alter article five of the land subdivision regulations to provide protection for cemeteries. Mr. Owen. Uh, yes, Madam Chairman, I'll move for approval of SAR, SAR 2009-3, cemetery protection, um, in accordance with recommendation, uh, reasons that the staff has provided. Is there a second? Motion's been made and seconded. All in favor, please, uh, say, "Aye," and vote accordingly. Okay. Motion carries. Thank you. Next, uh, item is SRA 2010-1, uh, amendment to article 6-4I, street addresses. Mr. Martin. Thank you, Madam Chairman. That item, but you do have a report as well in your packet on this recommended amendment to your subdivision regulations. This is an amendment to delete the phrase, "By the commission" from article 6-4I for street addressing. Uh, this came about through several discussions that were held in front of this body over issues relative to addressing. Our law department, your attorney, Ms. Boland, did some research and discovered that the Lexington-Fayette Urban County Council has vested that authority in the Department of Public Safety. This amendment clarifies and removes the conflict, uh, with that authority. I would add that the Department of Public Safety has delegated that authority to the addressing committee. It's one of those commissions, uh, one of those conditions you see on every plan. Uh, that body does have a process now, uh, of appeal, an official appeal process. So if there are issues such as were brought before this body in the recent past, they have a, a method to address that now and a, and a mechanism. So, uh, staff has, uh, recommended approval of this, subject to the conditions you see in your report. Thank you. Okay. Are there questions? If not, the chair will entertain a motion for SRA 2010-1 Amendment to Article 6-4I, Street Addresses, which is an amendment to delete Article 6-4I of the Land Subdivision Regulations. Do I hear a motion? Ms. Phillips? Madam Chair, I'd like to move for, um, approval of the proposed amendment to, um, Article 6-4for street addresses. Mr.- Ms. Wittman is second. All in favor, please, uh, say, "Aye." Aye. Aye. Motion carries. Thank you. I think you're next. Next we have, uh, the NPE 2010-1 Amendment to Newtown Pike Access Ordinance. Thank you. Um, it is on page four of your agenda. You should have already passed out at your, at your seat, a packet which has a staff report and on, and on the back, it has a map. Uh, this was, uh, this is our first time that we've had a request to the change to the Newtown Pike Ordinance. I, uh, presented this to both the Subdivision Committee and the Zoning Committee, uh, at our, at your committee meetings this month. Uh, we did ask, or the, the Subdivision Committee in reviewing it did, uh, recommend approval of the changes for the reasons listed on the staff report. Uh, to sum that up, this is a re- uh, a request to add a new right in/write-out access point on the new Newtown Pike extension, uh, very near the intersection of the Newtown Pike extension and Man-o'- and Main Street, I almost called it Man O' War Boulevard, and Main Street and, um, where Cox Street is today. Uh, as reported in the report, uh, this site was orig- this corner property was originally, at the time the original ordinance was passed, uh, was, uh, considered excess right of way owned by the Commonwealth of Kentucky and it has since been transferred into private ownership, uh, with the adjacent property owned by the R.J. Corman Railroad Properties. Uh, the Subdivision Committee did recommend approval of this change to the ordinance. Uh, should the council, not council, should the Planning Commission approve, uh, this, we will forward on that recommendation of approval to the council. Ultimately, the council has the full authority to approve or not approve this, uh, Newtown Pike Extension Ordinance. Uh, there was one question that I did not have an answer to at our Subdivision Committee. If you can see the, the photograph on the back, there is an existing access point for the R.J. Corman property, uh, and you can see the propo- where the proposed write-in/write-out is. The question was, is would that access point remain? I was able to get with, uh, Andrew Grunwald with the Division of Engineering, and, um, on, on the boardroom talking about this access point. For the audience, it's this access point right here. This is the proposed write-in/write-out. Uh, I was able to get with him, and he did, uh, say that at this time that is planned to go away. So this write-in/write-out access point is the only planned entrance to the new Newtown Pike as it's being constructed. Uh, if you have any more questions for me, I'd be happy to try and answer them. I, um, good he didn't come in. Mr. Grunwald was on vacation today, so if you had any questions for him, I told him I would either relay them or we could bring this back at a later time. Are there questions? If not, thank you very much. Staff does recommend approval for the reasons listed on the report. Thank you. The, um, the chair will, um, uh, will accept an, uh, a motion for NPE 2010-1, which is Amendment to Newtown Pike Access Ordinance for property located the Southwest quadrant of Main and Cox Street. Do I hear a motion? Mr. Owens. Yes, Madam Chairman, I'll move for approval of NPE 2010-1, uh, the LFUCG Division of Engineerings request, um, for the reasons stated by the staff. Mr. Cravens. Second. We have a motion se- and a second. All in favor, please say, "Aye." Aye. Motion carries. Thank you very much. Thank you. Are there any items that the, uh, commissioner members would like to bring up to the commission at this time? If not, are there any staff items? Mr. Cantor. There are none. Just remind the commission, we do have a work session scheduled for next Thursday. Is there, is there something... Um, excuse me, miss. I'm sorry. If, uh, if there's no other items to come before the commission, do I hear a motion that we adjourn? So moved. Meeting adjourned. So right. What a lady, what a night. Oh, I feel the rush like the rolling of the thunder. Spinning my head around and taking my body under. Oh, what a night. Do, do-do, do-do, do, do. Do, do-do, do-do, do, do. Oh, what a night. Do, do-do, do-do, do, do. Do, do-do, do-do, do, do. Oh, what a night. Do, do-do, do-do, do, do. Do, do-do, do-do, do, do. Oh, what a night. Do, do-do, do-do, do, do. You make me weak...