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Minutes of the Special Meeting of Council Monday, August 8, 2011 Page 2 How the process works is our Charter, which is the basis of our government in Mayfield Village, mandates that whenever there's rezoning of this nature that certain meetings be held and certain criteria be followed. All of that has been complied with, up to and including this public hearing , that was mandated by our Charter. There's a requirement for three public meetings of Council. There's a requirement for a review by Planning Commission. There's a requirement for plans to be submitted and then to be revised and all aspects of the plan to be discussed and aired out totally at the three public meetings that have been going on for the last several months. During that process, the Ordinance is developed, and the Ordinance itself requires that the land, if approved by the voters, will be rezoned, and pursuant to the zoning map that we have, the map will be changed and the zoning will permit the intended use of the car dealership to be expanded in to those areas. The lots have been owned as we understand it, by the Deacons and their entities for some time. These lots have been studied by our Planning Commission, studied by Council, studied by the Mayor and the Administration, and all of the recommendations that all of the professionals that work for the Village have, have been incorporated into the revised plans by the property owner. The next step that we will go through after this Public Hearing is the third and final reading of the Ordinance and if it is adopted by Council at the Auust 15th meeting, the Council will then have the matter submitted to the voters on November 8t , at which time the voters will have to vote in the affirmative majority vote in order to approve the rezoning of the subject parcels which are on Wilson Mills and adjacent to the current Deacon property. All of that process has been followed in the past for any rezoning of this nature and is being followed at this time. No one has questioned any of the procedures. No one has balked at any of them and no one has fallen astray of any of them. One of the requirements of the Planning Commission and Council was that there be what's called a Development Agreement. That Agreement has been agreed upon between the lawyers for Deacons and the Village of Mayfield. In that Agreement is the understanding that if the property is rezoned by the voters, they will expand their use and we expect that there will be an increase of approximately $20,000 over our current tax revenues. There will be a tax financing agreement which will be entered into in a form acceptable to the Village which guarantees the financing of the property. There also will be deed restrictions placed on the property prohibiting it from being used for anything other than the proposal that we have seen and that we have approved. The rezoned property will be kept as far away from active use near the residential areas and the boundary line as possible. There will be a requirement in there that if the property is not developed and used for a period of up to two years as proposed, that it will revert back to its single family zoning. So the restrictions of this Development Agreement, the restrictions of the Ordinance that is being considered by Council, and the restrictions of the contracts involved with all of the parties and our Codes kind of confines it to the actual project that we have had before the public and if there's any waiver from that or any attempt to use it for anything other than the proposed use, it will revert back to single family residential zoning and that's by agreement with the property owners as well. If for any reason they violate any of the contingencies that are in this agreement or any of the permits that are granted to them is not