ON
THURSDAY,
MAY 29, 2008, THE VERSAILLES-MIDWAY-WOODFORD COUNTY PLANNING COMMISSION HELD A SPECIAL MEETING AT MIDWAY COLLEGE, ANNE HART RAYMOND CENTER, DURTHRIE AUDITORIUM, LOCATED AT 512 E. STEPHENS STREET, MIDWAY, KENTUCKY AT 6:30 P.M.
MEMBERS PRESENT: Jim Boggs, Carl Ellis, Joel Evans, Jim Hume,
Ed McClees, Tim Parrott.
Chairman
Ellis called for everyone to silence their cell phones.
Chairman
Ellis read a letter into the record from member Robert Blankenship addressing
him recusing himself from this hearing at the advice of Legal Counsel, Tim
Butler. The engineering firm that he
works for has contracted with the City of Midway for various projects throughout the community. Mr. Blankenship did not want to vote for or
against any issue that his company could end up reviewing plans for that might
relate to Midway Station. That would
only cause potential problems in the future. Therefore Mr. Blankenship recused
himself from the hearing.
Chairman
Ellis stated that at the entrance there are signs posted that concealed
firearms and weapons are not permitted.
If anyone is carrying a concealed weapon of any sort, you are asked to
remove yourself from the premises at this time and not return until you have
safely deposited the weapons off the premises and are no longer carrying it.
Chairman
Ellis explained that he will first open the hearing and then start out with
Mrs. Wilson’s staff report. Mr.
Duckworth would like to speak after that.
The next speaker will be Mr. Murphy, who will make a presentation on
behalf of Mr. Anderson. Chairman Ellis
stated that he would like the Planning Commission members to hold any questions
until the full presentation has been made.
Mr. Graddy and his group will speak after Mr. Murphy. Mr. Murphy has requested an hour and fifteen
minutes for his presentation. Chairman
Ellis stated that the Planning Commission will move to the front row marked
“Reserved” during the presentation.
Chairman Ellis stated that there are sign up sheets for anyone who wants
to speak. Those on the list will be
called upon to speak after the presentations have been made.
Zoning
Map Amendment and Preliminary Development Plan – Woodford Economic Development
Authority (owner), Dennis Anderson (Applicant) are seeking a zone change for
the Midway Station Property located at
the northeast corner of I-64 and Ky. Hwy 341 for property recorded in
Deed Book 186, Page 192 and Deed Book 197, Page 555, for Tract A consisting of
3.367 acres from B-5 (Highway Interchange Service) to P-1 (Professional Office),
Tract B consisting of 8.081 acres from I-1 (Light Industrial) to P-1
(Professional Office), Tract C consisting of 0.854 acres from I-1 (Light
Industrial) to B-5 (Highway Interchange Service), Tract D consisting of 31.544
acres from I-1 (Light Industrial) to R-3 (Medium Density Residential), Tract E
consisting of 31.627 acres from I-1 (Light Industrial) to R-1C (Single Family
Residential) and Tract F consisting of 71.341 acres from I-1 (Light Industrial)
to R-1C (Single Family Residential) and Tract G consisting of 2.921 acres from
I-1 (Light Industrial) to B-5 (Highway Interchange Service) and Tract H
consisting of 2.507 acres from A-1 (Agricultural) to B-5 (Highway Interchange
Service) and Tract I consisting of 0.009 acres from A-1 (Agricultural) to P-1 (Professional).
Chairman
Ellis declared the hearing open at 6:40 p.m. Chairman Ellis stated that he
has a letter from Mr. Hank Graddy requesting that the Planning Commission not
accept any new materials or reports from the applicant if they had not been
submitted previously. Mr. Graddy
contacted Mr. Murphy to request that he provide his materials to him in advance
of the hearing, which he declined to do.
Mr. Graddy felt that this is denial of due process and makes the action
based upon this hearing arbitrary and unconstitutional. Mr. Graddy’s letter also indicated that this
is also unfair to the Planning Commission staff. Chairman Ellis denied the request.
Mrs.
Wilson entered the following exhibits into the record:
A.
Zone Change
Application
B.
Preliminary
Development Plan
C.
TRC Minutes
D.
TRC Deficiency
Letters
E.
Letters to
Adjoining Property Owners
F.
Photos of Signs
G.
Staff Report/P Wilson
H.
Notice to
Woodford Sun
I.
Request for
Waiver- cul de sac
J.
Request for
Waiver – street cross sections
K.
Letter from Dick
Murphy addressing two court cases which arose out of original 1991 annexation
& rezoning of Midway Station.
Mrs.
Wilson read her staff report into the record.
This property was formerly known as the Homeplace Farm. May to August of 1991 public hearings were
held to discuss changing a portion of this area from A-1 to I-1. The Planning
Commission forwarded the zone change request to the City of Midway with no recommendation in October 1991. In November of 1991 the Midway City Council
approved the request. This decision was appealed and in August of 1997 a Final
Decision was made to allow the rezoning with specific conditions. These
conditions have been complied with during the design, construction and platting
of the property now known as Midway Station.
There are Final Record Plats of the property subdividing the site in to
B-5 and I-1 lots. Six of the existing
I-1 lots are not part of this zone change request. Four of these six I-1 lots
have been sold and building permits have been issued on three of those to date. The rest of Midway Station is vacant. The property is currently zoned Light
Industrial (I-1) which consists of 157.018 gross acres (139.947 net acres) and
Highway Interchange Service District (B-5) which consists of 50.138 gross acres
(39.547 net acres) for a site total of 207.156 gross acres (179.494 net
acres).The existing zone of I-1allows for the following uses, setbacks, etc. as
set forth in Article VII, Section 718- Light Industrial. Proposed is “an integrated community which
will include employment opportunity, retail space, residential, recreational
and community areas.” The applicant is “incorporating both attached and
detached housing, with community focal points, including a central lawn,
community building, potential church area, and a walking and recreational trail
in an open space area.” They will be
“including professional office employment areas, and the commercial area. The residential areas will support the employment
area, and similarly, the employment area will support the residential area.”
The uses for the I-1 and B-5 Districts have already been described above on
pages 1- 3. The following are the zoning requirements as set forth in Article
VII, for the P-1, Professional Office District; R-1C, Single Family Residential
District; and, R-3, Medium Density Residential District. Adjacent property to the north is zoned A-1,
to the south is A-1 & B-5, to the east is A-1, and to the west is I-1,
R-1B, and A-1. The subject property will be accessed by two different access
points off of KY Hwy 341 (Georgetown Road). The 1999
Versailles-Midway-Woodford County Transportation Study – II-1, identifies KY 341as a Rural Major
Collector. Figure II-3 indicates it has
a Level of Service (LOS) of “C or Better” with a Future LOS (Figure II-4) in
2020 remaining the same. It should be noted this study only contemplated
possible truck traffic from an industrial park, not trips generated by a mixed
use development. Interstate 64 is adjacent to the subject property and will
also provide indirect access to this property.
It is classified as a Rural Interstate.
According to Figure II-3 the existing LOS of I-64 from the east is “D”
and to the west is “C or Better”. The
future LOS in 2020 is “E” from to the east and “D” to the west of KY 341. The
City of Midway provides both public water and sewer to this
area. Fire protection is provided by the
Midway Fire Department. Police
protection is provided by the Versailles Police Department, Sheriff's
Department and the Kentucky State Police.
Streets, water lines, sanitary sewer lines, storm water basins and
culverts/ditches exist on portions of the property as implemented by the
Woodford County EDA. Changes will have
to be made to these to accommodate the new design. There has been no information submitted with
regard to cost of providing services to the site as it is currently designed to
be used verses it’s recommended use, or the impact it could have on community
services such as schools, police, fire, ambulance, etc. Students from the Midway area attend Northside
Elementary, the Middle School and the High School. The 2005 Comp Plan addresses
the need for future land uses. This land use category is described as
“traditional retail shopping, specialty retail, restaurants, banks and
financial institutions, professional and general office.” Midway Station is
specifically discussed in the 2005 Plan with regard to influencing Future Land
Use Patterns. It states the following
(pg. 250): This 180-acre site was
formerly the Roach Homeplace Farm and is located in the northeast quadrant of
the interchange of I-64 and Midway. The property was recently annexed to the
City of Midway and is included in its Urban Service Boundary. A
joint project of the Woodford Economic Development Authority (EDA) and the
Roach Family, infrastructure construction was begun in 2003 and should be
completed in 2004. This project represents a true mixed use workplace center
that will incorporate project related commercial uses with a variety of
workplace uses, including both freestanding uses as well as live-work units
where the business owner combines residential and work space in the same
building. The impact to existing and future land use patterns should be fully
evaluated as part of the 2005 Plan Update process but may include: the potential
for additional commerce center development in other quadrants of the I-64
interchange; the impact of commerce uses on existing uses along Railroad Street
in downtown Midway; and, the location and provision of market rate and
affordable housing to support employees of these new workplaces.
The
2005 Comprehensive Plan Update
(Figure 76) indicates that this property lies in both the Interchange Commerce District
and the Workplace District within the Midway Urban Area. The Preliminary Development Plan submitted
with the application appears to support some of the goals and objectives of the
Plan. Specifically, Commercial Goal LU/CFS-1, Objectives 1,
2, & 4; Residential-Housing Development Goal LUCFS -3, Objectives 1 &
2; and, Employment Goal PJH-2, Objective 1. In
addition, the Plan sets forth Policies and Guidelines to be considered in each
Land Use District. The proposed
Preliminary Development Plan appears to follow Mobility Policy 1and 2. Policies that need to be addressed are
Woodford Resources Policy 6 and 6.1 with regard to environmental resources and
sinkholes. Woodford Lands/Community
Facilities Policy #11 appears not to be addressed with regard to the 150 or 50
foot wide buffer adjacent to the Rural Service Area on the north side of the
property. The applicable Guidelines set
forth in the Plan for Interchange Commerce District that
apply and appear to be met are Guidelines 1, 2, 3, 4, & 7. Guideline5, 6, 8
& 9 still need to be addressed. For the Workplace District
Guideline 2 appears to be addressed but 1, 3, 4, 5, & 7 have not. In particular, there will not be 50 – 100
acres of workplace left after the re-zoning, the residential use comprises 50 %
of the Workplace District, 40% more than the guideline recommends. The I-1 area remaining is no longer a campus/gateway
style. No market analysis has been provided relative to Guideline 5. Site and building
lighting has not been addressed at this preliminary level. The
soils on this property consist primarily of Maury Silt Loam (MlB & MlC)
with some small areas of Huntington and McAfee in the eastern most corner of
the site in the vicinity of the proposed park and community building. The Maury
soil is deep, well drained and gently sloping soil. It has high potential for most urban uses and
has no severe limitations. The Huntington soil is deep and well drained, nearly level soil on
flood plains. It is commonly
flooded. It has low potential for most
urban uses because it is commonly flooded. The general slope of this property
is indicated as gently rolling (<6%). Figure 45, “Sinkhole Sites” of the
Comprehensive Plan shows two possible sinkholes with 500’ – 1000’ Spheres of
Influence on this subject property. Figure 49, “Drainage Basins Generalized”
depicts that this site is located in the South Elkhorn Watershed. There is designated flood plain on the
subject property based on FEMA’s Flood Insurance Rate Map (210230-0010-A, dated
June 1977) for Midway. This area is in
the eastern most corner of the site in the proposed park area. Local and state
permits will be needed to alter this area.
Federal permits may also be required.
Detailed geotechnical studies should be done on this property to
investigate potential flooding, possible known and unknown sinkholes, and
stability of the soils for foundations.
The City of Midway has approved and provides public water and sewer
service on the subject property. There
are presently two entrances serving Midway Station from KY 341. The applicant is proposing to shift the
southern most entrance approximately 250 feet to the south (toward the
Interstate). An approved encroachment
permit will need to be obtained from the Kentucky Transportation Cabinet prior
to Amended Preliminary Plat approval, if the zone change gets approved. The applicant is requesting a waiver of the
Subdivision Regulations with regard to cul-de-sacs. A 1600 foot long cul-de-sac is proposed to
serve the existing industrial properties. This is presently an existing loop
street within the industrial park that would be altered to become a cul-de-sac. The Sub Regs specify that they shall not
exceed 250 feet in length and are only permitted under four specific
conditions, none of which this proposal meets.
The other waivers are with regard to the proposed street
cross-sections. A waiver may need to be
granted for the required 150 or 50 foot Urban Service Boundary to Rural Service
Boundary buffer. The recently adopted
Landscape Ordinance requires this recommended buffer. It appears that this zone
change request is not in agreement with the 2005 Comprehensive Plan with regard
to the Work Place Land Use District and the associated guidelines of the
Workplace District. However, it is in
compliance with some to the Goals and Objectives as noted above and as noted by
the applicant. Furthermore, the future land use projections are being exceeded
for Midway with this one application. The proposed single family residential
will generate 36.768 more acres than what is recommended by 2020, or 155%;
there is almost 6 times more multi-family residential being proposed as is
recommended by 2020, or 657%. The
proposed increase of 2.915 additional acres of commercial exceeds the 2010
projection of 2.0 acres, but is within the 2020 projection of 4.2. If you include the proposed Professional
acreages in the commercial acreages that adds an
additional 11.457 acres, exceeding the 2020 projected need by 10.172 acres, or
342%. There
will be a shortage of industrial land to meet the anticipated needs of all of
Woodford County since the majority of the land (146 acres) is being down zoned
from I-1.This 146 acres of industrial land comprises 23% of all of the
industrially zoned land in Woodford County. If this potential employment base
is taken away, the demand for residential should decrease, not increase. There
has not been any documentation to warrant the increase in residential use
especially in light of the recent documented decline in the housing market. The
type of development proposed would be more appropriate under the Guidelines of
a Contemporary Neighborhood District instead of a Workplace District. A Contemporary Neighborhood District is not
recommended for this area of Midway’s Urban Service Boundary according to
Midway’s Land Use Map, Figure 76. The applicant feels that the current I-1
zoning is inappropriate and the proposed zoning is appropriate. It is also noted that the proposed zone
change is in “substantial agreement” with the Comprehensive Plan due to being
in agreement with several of the Goals and Objectives.
Mr.
Michael Duckworth, current Chairman of the EDA, read into the record a
statement from the Woodford County Economic Development Authority. Midway Station for years has been a very
visible model for community planning, zoning debate, citizen activism, and
litigation frenzy. Yes, 20+ years ago
the land was a productive farm. Now
after all this time, the Homplace Farm has the potential to add value to our
community through commercial, professional, and residential development. Yes, EDA has faced challenges along the
way. It takes a fine balance for a
volunteer organization to serve governmental bodies, financial institutions,
potential clients, and concerned citizens.
Woodford County EDA was formed in the early 1980’s by some early
visionaries that realized tobacco production was changing and many of our
citizens would be forced to find jobs elsewhere and graduating seniors would
have to leave the community. The board
felt if we could bring jobs here our government, churches, and schools would
continue to do well and our community would be better for these efforts. The EDA has served a vital mission by
bringing United L&N Glass, YH America, Osram Sylvania expansion and
others. Sure Midway Station has been troubling
to some but the mission is still the same.
We sincerely believe Midway, Woodford County, and Central
Kentucky can absorb the
homes and businesses over the period of years it will take to develop. Many jobs will be created and in the long run
the county will benefit. No doubt it
will be impossible to satisfy everyone and we want you to know we have
tried. We have given much thought to
this project and believe it to be best for all concerned. We
have tried national real estate firms, on-line marketing, hired design teams,
held town planning sessions, and competed against neighboring communities for
industry in the past, yet none of these have yielded the results the EDA board
expects and the community deserves.
During the construction phase of the park we have been able to work with
the local and state government to secure $1.2 million for the Midway Sewer
plant, $350,000 for the Midway water tower and a third contribution of $500,000
for water tower debt from the Kentucky Infrastructure Authority. In 2000 the authority was funded with a $50
million bond sale and interest payments are funded by proceeds from the Tobacco
Settle appropriation. There has been a
$1.25 million investment from the state budget for debt reduction for the park
and also private funds secured from Anderson Communities for the Green Gables
project for sewer extension. Now we are
facing another planning hurdle. The EDA
board has unanimously voted to support the new development. Now is the time for this community to stop
fighting and begin the healing process.
This great tract of land that has been so bitterly fought over for more
than twenty years must be allowed the opportunity to provide for our community
with employment, new services, affordable homes and professional offices. The board has worked diligently since last
August to address community concerns, work with existing business owners, and
adjusting the plan as needed to meet today’s economy. Our dialogue has been open and straight
forward during this time. It has become evident that the ability to attract
industrial companies is quickly becoming a lost dream for Midway Station. In August 2007 I attended the Kentucky
Economics Development Institute in Lexington along with 35 other economic
development officials representing seven states and the first speaker “painted
the picture” very simply by presenting these facts: over 20,000 parks are available to business
and industry in the US, 29% of all parks
established in 2002-2006 had a residential component, 74% of all new businesses started in
2002-2006 have less than 5 employees, 80% of all new jobs created 2000-2006
were from small business, 57,000 industries relocated in 2002-2006 only 4% had
over 100 employees, 2502 communities with population over 10,000 invested $500
million in 2006 to recruit new businesses and retain existing businesses,
average small business with 15 employees generates on average $430,000 annual
payroll, $45,000 property taxes, and $15,000 in charitable contributions. After studying and understanding the future
trends we simply cannot sit with an empty industrial park and do nothing. Government is tired of it, financial
institutions are tired of it, taxpayers are tired of it, and the EDA board is
tired of it. Therefore the right thing
to do as an EDA is plan for the future at Midway Station that can meet the
changing marketplace, provide access to small businesses, create professional
jobs for the community, provide high quality housing, and create a community
atmosphere. The 2008 Kentucky
Manufacturing Business Confidence Survey also supports the trend and reasons
for amending the zoning. In 2007: 60.8% of KY industries had no change or
decreasing employment, 59.4% of KY industries had no change or decreasing
profits, 64.1% of KY industries had not change or decreasing production, The
bottom line is industry is struggling.
Now let’s review the growth sectors of the economy: 75% of new economic investments are in five
areas: 1. Information technology 2.
Finance and insurance
3. Professional,
scientific, and technical services 4.
Health care and social assistance 5.
E-business manufacturing. These sectors have seen a 6.3% growth since
2005 totaling $250.7 billion dollars of investment across the country. It makes economic sense to convert the light
industrial section of this park to professional and residential. The governments will benefit from payroll and
property taxes and will finally eliminate the interest payment which is
currently accruing at $509/day. We
recognize that for many in the audience tonight it boils down to one issue:
houses. It is not houses that EDA has
sought; it is the benefits that go along with having the additional
people. Our goal has never been to
simply grow the population of Midway. We
have always been about increasing economic development, creating jobs, tax
revenues, and a strong sense of community.
After the stern resistance we faced with the Agriculture Marketing Center our board was challenged to continue the
journey. The EDA went directly to
Anderson Communities. When we asked
Dennis to look at Midway Station and help us understand why we could not sell
lots, his answer was simple: not enough rooftops! Our journey has lead
us here tonight to present a strong, well designed community concept. The plan has the potential to lower sewer and
water rates for some citizens, stop interest payment, collect tax revenues,
expand the tax base, and utilize existing infrastructure that is built to
handle Midway Station. Let’s think about
having goods and services right across the interstate rather than a 10 mile
drive down the road. Let’s first learn
the facts before drawing conclusions.
Let’s do our part to reduce the “carbon foot-print” of the Lexington
Metropolitan Area. Remember this is not
about houses, it is about affordable living and more jobs in a well prepared
neighborhood. The EDA board has been
accused of threatening the community by dangling the possibilities of
undesirable businesses if the plan is not endorsed. I want to state in the strongest terms that
threats are not part of our dialogue, our meetings, or our mindset. We are simply your neighbors who have been
charged with a challenging task. Over
time, we have concluded that Anderson Communities represents the best chance we
have at bringing economic development to Midway Station. If, as facts are presented, you feel
threatened by alternatives to our recommendation, please know that is not our
intent. I think Sylvia Lovely said it
best in a recent article in the Lane Report:
“Great communities place into play a process that allows a community to
deal with two inevitables: setbacks and
change!” Tonight’s plan can address
both.
Chairman
Ellis questioned if it is true that there have been so many covenants and
restrictions on the property that it became a barrier in moving the
property? Mr. Duckworth stated that
there are a set of deed restrictions.
Chairman Ellis questioned if they have prevented them from getting
something to come there? Mr. Duckworth
stated that he feels that they have stood in the way and about six weeks ago
they decided to remove those restrictions.
The current lot owners have been made aware of this and they are working
with them on some changes on their properties.
Mr.
Hume stated that this appears to be more about affordable housing than
jobs. Mr. Hume questioned if Mr. Duckworth
is saying that this development will be self sustaining in jobs? Mr. Duckworth stated that they will hear from
Mr. Mays tonight and he can address that better.
Mr.
Dick Murphy stated that he represents Mr. Dennis Anderson and Anderson Communities. Mr. Murphy introduced Mr. Anderson, Mr. Tony
Barrett, Keith Mays, Michael Nichols, Jim Bailey, Chad Zyte, and Stuart
Kearns. Mr. Murphy introduced
photographs of the signs that were posted on the property and an
affidavit. Mr. Murphy stated that they
are present to request a zone change on the rear portion of the Midway Station
property. There are about nine different
tracts and some of that is due to swapping properties around. They are asking for 11 ½ acres of P-1 zoning
between the B-5 on the front and the proposed residential that is now
industrial for the creation of jobs. The
other part is that the rear part be rezoned to residential, 89 acres of
detached homes and 28 acres of attached housing. The B-5 on the front is already zoned and
will essentially remain that way, although the lines are being changed a bit to
go with the layout. This was filed
around 6 months ago and postponed because they wanted to get everything worked
out with the EDA. They are very pleased
to say that they have a signed contract with the EDA, contingent upon the zone
change being approved. They have worked
out an agreement, as Mr. Duckworth mentioned, with the four existing industrial
owners. They have three economic and
demographic trends that have specifically impacted this property. The first one of course since this property
was rezoned in 1991 and the EDA’s purchase of the property in nearly 2000, is that there has been a dramatic loss of
manufacturing jobs in America. It might be
blamed on NAFTA, Globalization, etc., but whatever the cause it is a fact of
life that has to be dealt with. Since
the year 2000, there has been a decrease in the US of 17.8% in manufacturing jobs. That is from the US Census Data. In Kentucky, the trend was reported as being the same and from
2004 -2005 Kentucky lost 1.3% in manufacturing jobs in just that one
year. There is a publication called
“Workforce Kentucky” that is published by the State of Kentucky and it predicts the number of new jobs that are
needed across the State in various job categories in the years 2002 thru
2012. For example there is a job
category called assemblers and fabricators and in that ten year period that
report says we are going to need zero new jobs.
That does not count the losses that we have. Even the state government does not predict
that there will be an upturn in manufacturing jobs. This is not just a trend for Midway, but it affects
the entire country. The old philosophy
that used to say “if you build an industrial park, they will come” is no longer
the case. The second trend that affects
this are “childless households”. Today we have retirees, empty nesters, single
young professionals, and couples without children. This trend brings the need for maintenance
free living where people lock their doors and get in their cars and come and
go. That is the type of community that
they are proposing. The third trend is
for younger people who are trained technologically. They are searching for technological jobs and
they know they can live wherever they like.
The surveys have shown that they don’t look at the job as their first
priority, but look first at where they want to live. They want to live in a place that validates
what they believe so that they don’t have to get in a car to go eat or go to
their job. They want to have a community where all those things are available
in very close proximity. They know they
can pick and choose as far as job leverage, so they look to where they want to
live first. That makes it more important
now that we have jobs located in close proximity to where people live. Mr. Murphy stated that he has been associated
with Mr. Anderson for over ten years and has worked with him through the zoning
of Townley Center in Lexington and other zone changes he has done. They have an example of what they are
proposing to do at Midway Station. Mr.
Murphy stated that he does not want to imply that this is the “Garden of Eden”,
but it is a type of development that is working. It supplies jobs, houses, and other
activities, such as shopping and restaurants that are within walking distance
of their homes. They have seen this type
of development work and it is working today.
Mr. Anderson has earned several awards for his development. Mr. Murphy showed on the power point presentation,
the Mayor’s award for suburban infill development with an example of one of the
types of houses he has built. The next
award he won was the “Mixed Use Development Award” presented by Bluegrass
Tomorrow for Townley Center. The next
award was the “Outstanding Subdivision Award for 2007”, which was from the Home
Builders Association. The next award was
the “2007 Environmental Award” from the Lexington-Fayette Environmental
Commission. Mr. Murphy requested that
Mr. Anderson come forward and tell his vision for the Midway Station
property. As stated before he was
approached by the EDA to discuss his ideas for the property.
Mr.
Anderson stated that when he was a college student going to pharmacy school and
doing rotations, he did a rotation at Midway Drug Store under Mr. Kemper. Mr. Anderson stated that he has been familiar
with Midway for a long time and the fact that it is a great place to live. Mr. Anderson stated that Midway Station is a
great property and he appreciates the opportunity. Mr. Anderson stated that when he was going to
pharmacy school he was studying real estate but did not have any money to get
started in real estate. His company
started out purchasing distressed properties and restoring them and returning
them to service. During that process they would work with lots of people who
were looking for a place to live. They
would ask them in an interview what they were looking for and they would tell
them they wanted a better place to live. They went in depth to find out what this type
of place would be. They were told they
wanted a clean, well maintained, safe and secure place to live. That is very basic and most places are doing
that, but they wanted to know what the better place to live was. They drilled harder on it and found out that
the people wanted to be healthy and they wanted the place to be walkable and
they wanted to live close to where they worked and have access to small
businesses, such as a restaurant, drug store, etc. That was what they missed in today’s communities
and that is part of the reason that society is so disconnected. They want a place with esteem and pride. Mr. Anderson stated that they do a master
planned community with design standards and they even dictate which house goes
on which lot. They do a plan and place
pictures of the houses on the lots and that is how they determine their
streetscapes and that is how they build it.
The pinnacle of the community was the opportunity for social
interaction. This is an opportunity to
get to know your neighbor and be able to control contact time. In the existing communities with houses on
large lots, you have to go to someone’s home to meet them. With the wider sidewalks and permanent green
space, the covered front porch with sidewalks closer to them, it enables
neighbors to get to know each other as friends.
There is the economic interaction where you can shop and play where you
live. Hopefully, you can work close to
where you live and this will help to decrease our carbon footprint. Mr. Anderson stated that there is a resident
of Townley Center present who will later share what it is like living
there. A couple of years ago the EDA
brought this plan for Midway Station to him and at that time Townley Center was just getting started. They asked him what was wrong with the plan because
they had been working on it for years and nothing has happened. Mr. Anderson looked at it and asked, “Where
are the people? You cannot have commerce or jobs without people. He told them that he felt that in order for
it to work they needed to do mixed use.”
About two years later they came back to him and asked if he would be
interested in purchasing this. Mr.
Anderson stated that he would be interested only if he could do the entire
project because you have to be able to create the synergy between the
uses. You have to plan the streetscapes
and there needs to be one person in charge.
When they did Townley Center they had a similar argument. It was a property that was zoned industrial
and they went to the Meadowthorpe Neighborhood Association and asked them if
they could work together to do something better and that is what they did. That project had no deed restrictions or
architectural standards and it turned out well.
Mr. Anderson stated that they have come up with a plan that they believe
is an improvement that will slow traffic down and create energy. Mr. Anderson pointed out on the plan the
downtown area, the attached housing with the opportunity to have living space
above workspace. Mr. Tony Barrett who is
the Landscape Architect will speak about the plan shortly. This is a tough thing. It is easy to build communities that are
beautiful that would be formed. It is
easy to build things that are functional and it works. It is easy to do some things to make money
on. It is hard to do all and that is
what they are trying to do. On form,
they do master planned, walkable communities, with design standards. On function, most criteria says
that a mixed use community needs one to two thousand homes. At Townley they did 350 homes and it worked
because across the road they had Meadowthorpe with about 350 homes. Right next to them they have New Circle Road
with 100,000 trips per day and right in front of them they have Leestown Road with 24,000 trips per day. On this plan, they are asking for 602 homes
and they believe they can make it work because right next to them they have
38,000 trips on the interstate and Hwy 421 has 14,000 trips per day and Hwy 341
has around 4,000 to 6,000 trips per day.
They are able to get by with less homes by
pulling some of the traffic in by doing commerce and business. As far as finance, not only do they have to build
a sustainable community, they have to make a contribution to the Midway
Community. Mr. Anderson stated that they
are not going to build another Townley.
That was a different product with different demographics. In Townley they have an average household
income of $28,000. In Midway, the
average household income is $75,000.
That is another step from Townley.
Mr. Anderson pointed out the streetscape with wide sidewalks so that two
people can walk side by side. The
covered front porch is a semi-public area where you can determine the amount of
public contact you want. Mr. Anderson
pointed out the office building, that includes his
office. He stated that when he goes to
work he never gets in his automobile until time to go
home. Everything else there he does on
foot. He pointed out the community
center, which they always have, and the size is proportioned to the number of
residents. It includes a fitness center,
a swimming pool, a tanning facility, and it is also opened for the residents to
have parties and gatherings there. Mr.
Anderson pointed out on the plan the retail area and they have broken down the
scale and there will be no big boxes located there. They plan to put in a vineyard along with a
winery. Mr. Anderson stated that if he
is allowed to do this development he will make a better place to live.
Mr.
Dick Murphy stated that what Mr. Anderson related coincides with what the
trends have been. Not only Mr. Anderson
and the EDA, but the national think tanks have come to the same conclusion,
which is you must have residential with jobs.
They go together and you can no longer separate them. Mr. Murphy stated that there was plan put
together that was called “The Plan for Tomorrow to Create a Stronger and
Healthier Community Today” and you can see that there were three co-authors of
the plan: National Multi-Housing Council,
Urban Land Institute, and the Sierra Club.
Mr. Murphy stated that this is not his slide presentation, but was
something they obtained off of the internet. It basically confirms what Mr.
Anderson has already told you. The
population will increase by 33% by 2030, which is 94
million people. Half the homes and
offices we needed in 2003 do not exist today.
They criticize sprawl and low density development and this development
will be compact. They want to build a
new model with strong healthy communities.
Must have features include: walkable mixed uses, a mix of homes, green
space, strong economies balance budgets.
All those things the proposed development has. Critical ingredient is well planned high
density mixed use development. That is
what this development will bring. Mr.
Murphy stated that the picture of what they show in the report is very similar
to what Townley has, with the exception of angled parking. The plan they show
is very similar to the proposed development. Benefits of
density is to enhance the economic competivness, reduces pressure on
local budgets, reduces commute time, protects the environment etc. For fifty years there were families with
children and now married couples make up less than 25% of the American
Household. Mr. Murphy stated that this
development will cater to those groups of retirees, empty nesters, couples
without children, and perhaps some single parents. This will be a work, live, walk
community. Four out of ten expected home
buyers chose a mixed use development to live in. Higher density development offers homes that
are within reach of vital community members.
We need in every town teachers, nurses, fire fighters, police officers,
retail sales people, etc. Higher density
will reach a new high by 2015, which is within their build out time for this
development. Sprawl is expensive and
compact development saves money. In the
report they compare Shelby County to Pendleton County, which they say is sprawling. In Shelby County the average annual cost of services for a new family
of four is $88.27 compared to Pendleton County which is $1222.00.
This proposed development is more compact than what is in Shelby County. Mr. Murphy
entered another report from the Gatton College of Business and Economics, which
indicates that in compact developments it can reduce the cost to current
residents for providing services. Over
twenty five years a billion to one hundred billion dollars could be saved
nationally. What does this do? It attracts new employers and retains
existing ones. Here is the critical statement: Employers need workers, workers need
housing. Without housing, workers and
jobs leave a community. Towns lose out
on consumer spending and tax benefits.
Mr. Murphy stated that this explains why they are asking for a mixed
use. This is it. Without housing, workers and jobs leave. Mixed
use attracts new retail development. As
Mr. Anderson mentioned, they can do with less because of the interstate and
Midway itself. Mr. Murphy stated that
the photos in the report were very similar to what they are proposing. This development will complement downtown
Midway. People who live there will go to
downtown Midway. Mr. Murphy showed their
proposal with craftsman style homes. Mr.
Murphy stated that Tony Barrett will come and describe their plan in more
depth.
Mr.
Tony Barrett pointed out on the plan the location of I-64 and Georgetown Road. He pointed
out the existing entrances to Midway Station and the existing buildings in the
I-1 portion. The red on the plan is the
commercial center, the blue is the office area, and they are proposing some
type of institutional use such as a church or school, the tan is the attached
single family housing, and the green is open space. Mr. Barrett stated when Mr. Anderson asked
him to take a look at Midway Station, they talked
about what was important there. He was
looking for an integrated mixed use community with identifiable place makers,
community gathering places, recreational opportunities, which is truly a live,
work community. They had to do that
within the frame of utilizing the existing utilities and infrastructure. The roads are already in place for part of
it. They have tried to maintain as many
of the roads as possible. The red and
the blue are the jobs and are the energy of the plan. They wanted to provide a diverse employment
opportunity for the residents and the retail and professional services so you
could live and work in Midway Station.
They will have a series of paths throughout the area that are destination
paths. They wanted to provide a strong
identifiable place maker and they are providing a round about and you will know
when you have arrived at Midway Station.
There will be landscaping with some type of architectural feature
located there. Mr. Barrett pointed out
the existing entrance into the property and how they want to redirect that so
that it slows traffic down as it approaches the residential area. This also helps the vitality of the
professional and commercial offices.
They are providing on-street diagonal parking so that it will be convenient
for the shops. The winery that is being
proposed would take advantage of an existing barn located there and the
vineyards associated with the winery will be in some of the open spaces. The church location is a central feature
within the plan in the center of the two neighborhoods. That is another identifiable place
maker. The residential component of the
plan is a mix of housing opportunities, including single family detached, and
an attached component with townhouses an apartments. There will also be a housing opportunity
within the commercial area above the first floor. Most of the single family units are serviced
with a rear alley to segregate the businesses from the home and that helps a
lot to improve the aesthetics from the front of the house and it encourages
neighbors to walk in front. There is not
the break of the driveways and it is one solid sidewalk. Within the residential area there are opportunities
for recreation and a gathering place in the park areas. In the parks they like to bank them with the
road so that they are clearly defined as pubic space. Mr. Barrett pointed out the parks on the
plan. The neighborhood is laid out on
the existing roads as much as possible maintaining the grid system to disperse
traffic. This way you don’t have one
road with too much traffic on it. The
central lawn is a little over four acres and one of the other parks is over an
acre and then there is a small horseshoe lawn.
There is a trail system that will take anyone wherever they need to go
in the development. The importance of
the trail system is they are destination routes. There are more than 3 ½ miles of trails. The community buildings are to provide indoor
recreational opportunities or other community activities. The landscape concept is tree lined streets,
with buffering along the interstate and the perimeter and along the industrial
area as well. Some of the open spaces
will include the vineyards sprinkled in where it will accommodate them. The landscaping of the lawn will be trees
within the lawn to break it up a bit. The
smaller park would be mostly lawn area for play and picnicking with some
ornamental trees. The main park will be
in open areas for play and they will maintain some of the natural areas with
trees and vineyards. When this is all put
together, the commercial center, the housing, the industrial and the open
space, they have established an integrated community that is truly live, work,
and play.
Mr.
Murphy stated that although Mr. Anderson has not yet been actively marketing
this property, they have had some interest from a winery. Mr. Murphy stated that he learned through
this that wineries help each other because he had had some concerns with Equus
Run being so close by. The winery owner
stated that it actually helps both of them to be near each other. Another contact is from a hotel who uses the
“stay and play” approach, which is where you can purchase a package and get to
play three or four golf courses while you are staying in the hotel. This would encourage shopping and tourism in
Midway. Another contact is a primary
care medical facility. They will not
only serve people in the community, but people in Midway as well. Mr. Murphy
stated that the other issue is the Comprehensive Plan. The Planning Commission is allowed to look at
the entire plan and not just pieces of it.
This land is designated on the land use map as a work place area and
they agree with the general concept of that.
In this decade to make that work you need homes as well. Mr. Murphy felt that they agree with the
workplace concept. Mr. Murphy stated
that of the goals and objectives neighborhood subdivision development,
objective two, talks about new residential areas with a neighborhood concept,
developing new areas of a neighborhood within itself and integrating into an
established neighborhood. Objective 3 is
to ensure that neighborhoods have access to existing services and facilities
capable of supporting the population of a neighborhood. In this neighborhood all these things are
already there in the ground ready to go.
Objective 4 states to provide an opportunity for more
compact residential development including townhouses, condominiums, apartments,
commercial centers and workplaces inside the undeveloped Urban Service Area. That basically summarizes what they are doing
by providing all of that. Commercial
development Goal 1 talks about understanding the various levels of commercial
needs for the cities and county and they are providing that. Objective 4 talks about permitting
workplace uses within new neighborhoods. This is being done. Goal 3 says to provide desirable, residential
development through assurance of safety…. This is a planned community and all
the support will be provided.
Residential housing Objective 1 talks about providing adequate housing
to meet the needs of the counties population.
This will certainly do that.
Finally Objective 2 wants to discourage residential subdivisions
scattered outside of the Urban Service Boundary. This development is being done compactly
within the Urban Service Boundary. Mr.
Murphy stated that they feel very strongly that the other criteria for granting
a zone change has been met. The existing
zone is inappropriate and the proposed is appropriate. The existing zone no longer allows
development of this property for economic development, without this residential
component. This property has been
annexed into the City of Midway. When property is annexed the City makes a
finding that the property is urban in character or suitable for development for
urban purposes without unreasonable delay.
That finding was made when this property was annexed and it was upheld
in the court system. The other issue
about appropriateness of the zoning is the lack of demand for the I-1 type
uses. Mr. Jim Bailey has done an
analysis for the rates of absorption of industrial parks throughout the state
of Kentucky. There are
industrial parks in Berea, Shelbyville, Winchester, Georgetown,
Morehead and Mt. Sterling and the absorption rate is the number of years it
would take to fill out the industrial park.
The average rate is 4 acres per year.
With that average and the acreage at Midway Station it would take 18 years
to absorb that. This analysis began with
2004 including what has been sold and at that rate it would take 37 years for
Midway Station to absorb that. That assumes that the demand keeps going in a
straight line as we have and doesn’t succumb to the national trend for finding
industrial jobs. That is just at the
same rate they have been going. This
proves that the existing zoning is inappropriate because it cannot meet the
goal under which the EDA purchased this property in order to create jobs. It is not happening under the time line to be
fiscally responsible for the government agencies. Some have said that the deed restrictions are
the difference, but it is probably due to the lack of population in this
area. There is no demand for the I-1
type uses and the zone needs to be changed, although the goal is not
changing. This development will support
itself although many have said it will be a drain on the taxpayer burden. It will not.
Mr. Michael Nichols is a real estate analysis and he will speak on the
subject of tax revenues and job creations.
Mr.
Michael Nichols stated that he was ask to estimate
revenue that would flow to the City of Midway from this proposed use at Midway Station. The focus is on real estate taxes and payroll
taxes. Mr. Nichols stated that he first
analyzed Townley Center and the reason he did that was Mr. Anderson developed
that and he plans on using the same type of plan for this development. The site plan showed different colors for
land uses, but did not show buildings yet.
The way this analysis was conducted was they looked at the acres in Townley Center and parlayed that by utilizing a survey that Anderson
Communities performed by surveying the distances within Townley Center. There are
7,900 estimated employee hours there on a weekly basis. In parlaying that into the square footage of
the commercial use areas minus two acres to be used for a hotel, there are 41+
acres. In utilizing the same factor of
182 employee hours per week, they get 33,000 hours per week at Midway
Station. A point of note is if you
divide that number by 40 hours per week you get 823 employees, if all of the
development pans out. At an average
hourly rate of $8.00 per hour that would be a total payroll of almost $14
million dollars. Utilizing
the Midway tax rate for payroll that comes up to around $275,000 in payroll taxes
going into the City of Midway. There is also
$205,000 that would flow into Woodford County as well. Mr.
Nicholas stated that he then analyzed the hotel space and looked at eleven
hotels in the Midwest and Southeast areas.
He looked at those from a salary per room basis and there was one that
was $8,000 per room and was pretty much the normal range. Some were in the $1700 to $1800 range but
were where the owner/operator lived on the premises and it was a family
operation. The average was around $5,000
per room. The current proposal would
produce around $400,000 in payroll per year.
They have broken the development down between the commercial,
residential, office/residential and the hotel.
There is a total of 178 acres and the commercial/residential will have
about 80 units of residential and the office/residential will have about 29
units of residential. Mr. Nichols stated
that he is using $30,000 per residential unit, which is extremely low, but his
practice is to estimate low if he does not have all of the details. The estimated price is the industrial is
zero, the church would probably be exempt and there would be no taxes on the
open area. The total estimated assessment
would be $85 million dollars. The
commercial and office space consists of 32 acres. A study was done on similar areas and the
indication is that 9,000 square feet of building area per acre is appropriate
for Midway. This is multiplied by $60
per square foot which is a very low estimate for retail space. The estimate for the hotel is about $40,000
per room, which is a low estimate for an 80 room hotel. The total estimated price is $89,000. The breakdown of the tax rate for Woodford County would be around $726,000 and the Midway portion would
be $92,000. This development would also
contribute to the water and sewer in the Midway City budget. Mr.
Nichols noted the expenses in the budget and the existing revenues coming in
and the increase that would occur from this development.
Mr.
Murphy stated that they got these numbers because they wanted to see and make
sure that this development would not be a drain on the City of Midway and it would in fact contribute in tax revenues and
make things better for Midway and the county.
They did use conservative numbers in order to be safe and they did not
want to over estimate the tax revenues and be unrealistic. One of the questions is how long will it take
for this development to come to fruition.
Once this development is approved it will probably take around twelve
years to build out. They are
approximating around 823 jobs and around 605 housing units. Is there capacity in the school system? Mr. Anderson has experience with this and has
built forty five units in Townley. They
have hit the exact target they thought they would, which is empty nesters,
retirees, couples without children.
Those units have sold and of those there are two school aged children located
there. If they use this as a build out
of 50 units per year from the figures that Mrs. Wilson gave you the elementary
schools certainly have the capacity.
This is not the type of community that will generate a large number of
school children. This is an aging
population and we are seeing fewer children to start with. There will be new tax revenues generated for
Midway and the county. The utilities are
all available, the roads are in although some will be
rearranged. The sewer and water are
already there. There is the sewer plant
just down the road with a line to the Weems property that Mr. Anderson
owns. They spoke to the Public Works for
the City of Midway and they assured them that there is capacity for
water and sewer. They will simply add
new customers to assist in paying for these services. The rates should at least stay the same or
perhaps go down. They do not think that
traffic is a major issue because of their location to I-64 and Hwy 421. Mr. Stuart Kearns did a traffic study and
they do have one error in the report because they overestimated the traffic for
the existing zoning. Residential zoning
is more scattered throughout the day and industrial is more concentrated at
particular times, especially when there are shift changes or when work time
starts. The Level of Service remains
adequate. There have been questions
regarding the Weems property, which Mr. Anderson owns, and why it has not
developed. The reason is Mr. Anderson
does not want to put a use on the Weems property that may go better on the
Midway Station property. It would be bad
for him and the community. There have
been questions regarding the number of houses, which they originally had at 700
and have reduced to 600. Only 496 are in
the new area and the rest would be in the office and commercial areas. They have to go all the way on this
development. It cannot be piece milled
together. It must all be planned now so
they know exactly where they are going.
Commitments have to be made by Mr. Anderson and others. They are asking for some waivers. One is for a cul de sac. There are four existing owners in the I-1
area and they came to them asking for a cul de sac in order to prevent
residential traffic going by their business.
It makes sense to keep that area separate. Mr. Murphy thanked the Planning Commission
for their time and expressed that there are people there to answer any
questions. The goal of the EDA in
purchasing this property was to add to the economic vitality of the
community. They are following that
original attempt by bringing jobs, but it can only be done by adding a
residential component. That is the only
way it can work to support Midway and Woodford County.
Chairman
Ellis called for questions from the Planning Commission members.
Mr.
Evans questioned where the post office and the City Hall are going to be in
this development? How will the kids get
to school? Where will the fire station
be? Mr. Murphy stated that they are
within Midway City limits and will be part of Midway. They will not have a City Hall, but will have
a community center. Mr. Murphy did not
know the answer regarding a fire station and that is something that could be
discussed. This development will only
generate 2.1 kids per year and they would go to Northside Elementary which has
the capacity. This is not a significant
impact on the Middle School and the High School. Mr. Evans questioned where kids will ride
their bikes? Mr. Murphy stated that
there are trails. Mr. Evans questioned
where the horses will be kept? Mr.
Murphy did not believe that this will accommodate horses.
Mr.
McClees stated that he is only seeing three small detention basin areas and
that is a concern. Mr. Murphy stated
that this is only a Preliminary Plan and those issues will be addressed at a
later time.
Mr.
Hume questioned on the buffers between the I-1 zone and the R-3, what the width
of the open space is? Mr. Hume stated
that the Planning Commission had a case where someone wanted to put industrial
against residential and one of the main concerns was the buffer between the
uses. Mr. Hume stated that this is a
concern because of the intensity of the industrial zone. Mr. Barrett stated that the buffer area between
the industrial area will be a solid fence with a 25’
landscape buffer area with large shade trees and shrubs. They are also anticipating a vineyard in that
location. Across on the other side of
the road they will also have large trees and shrubs. Then there is the alley that serves the lots,
so there is a pretty good tiered situation.
Mr. Hume questioned if there was any consideration as to what intensity
of use they will allow on the remaining industrial lots? Mr. Anderson stated that he will have control
of it and it will not be intense. He
will look at their use before allowing it.
Mr. Hume stated that something was said earlier about this development
reducing trips on the smaller roads if you are drawing traffic into the
development. Mr. Murphy stated that he
said that the trips overall would be equivalent to what is there now and what
they are proposing. The timing would be
different with residential being spread out more throughout the day, whereas,
industrial usually has specific hours and possibly shift changes. They are assuming national trip figures and
this will cut some of it down by having a work live place. Mr. Hume questioned the traffic impact on Hwy
341 and Hwy 421? Mr. Murphy stated that
with full build out in twelve years, it would generate between 19,000 and
20,000 trips per day. That is a large
number of trips, but it should be spread out during the day and there are good
road facilities there.
Chairman
Ellis stated that it has been said that a lot of this has been done in secret;
however, it has been one of the most talked about pieces of property in Woodford County in the last 15 years.
Chairman Ellis stated that he was on the Planning Commission when this
was rezoned originally. A lot of time
was spent in public hearings and there was a lot of animosity over this
property. Chairman Ellis questioned how
committed Mr. Anderson is to following through on this with potential lawsuits,
etc.? Mr. Anderson stated that they are
committed to the plan if it is supported and would actively defend their selves
against any lawsuits. Mr. Anderson
stated that they are prepared.
Mr.
Hank Graddy stated that he has questions of Mr. Kearns who did the traffic
study. Mr. Graddy stated that he is
seeing this for the first time and questioned on Page 3, Table 4 – Trip
Generation – Current Zoning. There are
two land use designations, commercial and industrial, and there are 8,000 trips
shown for the industrial and 18,000 for commercial. Mr. Kearns stated that the 18,404 was based
on the acreage of the B-5 and it was reduced to account for open space. He spoke to Mr. Barrett and realized that what
he based that on did not account for the open space that occurs under the current
zoning. That number should actually be
reduced to around 19,000. Mr. Graddy
questioned what the projected trip count is for the commercial that is already
there? Mr. Kearns stated that would be
19,600 and is based on the net acres not the gross acres. Mr. Graddy stated that above that in the
Midway Station as developed he is showing 12,000 commercial trips plus 700
residential and 2000 office. Mr. Kearns
stated that is correct. Mr. Graddy
questioned if he is saying that there will be around 15,000 trips per day in
what will be the commercial center. Mr.
Kearns stated that the 700 residential units are the apartment portion
associated with the commercial and professional components and the other
residential is below that. Mr. Graddy
questioned if this will generate more trips or less
trips than the current zoning designation?
Mr. Kearns stated that it will be around 400 more. Mr. Graddy questioned the basis of the
testimony that the 605 residential units will have a more scattered impact when
people still have to leave to go to work at the same time in the morning? Mr. Kearns stated that they analyzed the p.m.
peak, which is usually higher. Mr.
Graddy questioned on Pages 9, 10, and 11 of the report, regarding the
signalized intersection release?
Mr.
Kearns stated that basically he did what is called a critical volume capacity
ratio. That gives you the capacity
during the peak hours and how much of that would be used during the peak hour. It does not determine a Level of Service, but
it tells you how much is being used. Mr.
Graddy questioned if Page 9 shows a full development build out? Mr. Kearns stated that he based his analysis
on a five year build out although it has been stated that it could be longer
than that. Mr. Graddy questioned why he
did not include a Level of Service analysis?
Mr. Kearns stated that typically it is, but in this case they just
wanted to look at what the general impact would be on Ky Hwy 341. Since the traffic levels are going to be
about the same as the existing zoning versus the proposed zoning, but without
really knowing yet what the commercial uses are going to be it is hard to get a
handle on it. A Level of Service
analysis could be done, but it would still be around a Level of Service of C
and that is still more than what is needed.
Once it is known what will go there, he could be more exact. Mr. Graddy felt that it is a bit late
then. Mr. Graddy questioned if there is
a way in this report to compare the current traffic conditions using the
printouts with the projected change? Mr.
Kearns stated that you can infer that if the proposed zoning generates a
similar type of development in terms of the overall trips some slight
differences could occur. The Level of
Service with this type of capacity (84%), will be
about a C during the peak hours. Mr.
Graddy questioned if there is a way to look at the traffic study and compare
the current traffic situation with what will happen if this zone change is
granted and developed? Mr. Murphy stated
that they did not ask Mr. Kearns to analyze the current situation. They only asked him to analyze total build
out of the current zoning and total build out of what they are proposing. They actually were not required to do any
traffic analysis at all.
Mr.
Graddy stated that he would now like to question Mr. Nichols. Mr. Graddy questioned if Mr. Nichols read the
staff report? Mr. Nichols stated that he
read portions of it. Mr. Graddy
questioned if he recalled the observation in the staff report that no market
analysis has been provided relative to Guideline 5? This is concerning the workplace
district? Mr. Nichols stated that he did
not read that and does not know what Guideline 5 is. Mr. Graddy questioned if there has been a
market study done that supports their position that this development will
generate 800 jobs? Mr. Nichols stated
that his analysis was focused on taking the information pertaining to Townley
Center, which is a similar project, and comparing them to the numbers that were
provided for Midway Station. Mr. Graddy
questioned if there have been any market analysis for the job demand in Midway
to support the claim that there will be 800 jobs at this location? Mr. Nichols stated that he did not do
that. Mr. Graddy questioned if he is
aware of anyone who may have done this study on behalf of the proposed
development? Mr. Nichols stated that he
has no knowledge of that. Mr. Graddy questioned
if the premise that there will be 800 jobs here based on what has happened in Townley Center? Mr. Nichols
agreed. Mr. Murphy stated that the jobs
to be created in the commercial area are already zoned and they did not need a
study to support what is already zoned.
What they have tried to prove is that this will pay for itself and will
not be a drain on Midway and Woodford County.
Chairman
Ellis called for a ten minute break and stated that when they come back they
will begin with Mr. Graddy’s presentation.
Mr.
Hank Graddy stated that he represents the Woodford Coalition, which is an
organization of neighborhood associations across Woodford County that consists of rural and urban associations and has
been in the community for over twenty years.
The Woodford Coalition is committed to careful planning and zoning
actions that follow the community plan.
We are very grateful to this Planning Commission for the time and hard
work you have put into writing what we believe is one of the best Comprehensive
Plans anywhere in Kentucky. Before
discussing the Dennis Anderson zone change request, Mr. Graddy stated that they
want to go on record in strong support of the location of an Agricultural Marketing Center on the Midway Station property. Several members of
the Planning Commission may recall that he spoke in support of the text
amendment to allow such a use. At that
time Mr. Graddy spoke as a Midway resident and as the former lawyer who
represented the opposition to the Roach rezoning application for the Homeplace
Farm in 1991. Mr. Graddy stated that he
recognized at that time that the decision to develop this property had been
made. That decision is history and now
the question is what kind of development is going to locate there. The staff report that you have provides the
history of the property; however, it does not discuss the community debate over
adding the Agricultural Marketing Center as a use in the light industrial district. Mr. Duckworth made mention of that. Mr. Graddy stated that he would like to
express regret that the location of an Agricultural Marketing Center was
opposed by what they believe to be a minority of Woodford County and Midway
residents. They continue to believe that
agricultural related businesses and markets are the best facilities for the
Midway Station. The Woodford Coalition
has supported mixed use development in Woodford County for a number of years. Mr. Graddy stated that Mr. Murphy took some
glee in citing some Sierra Club documents and was trying to insinuate that he
was trying to persuade him and his clients to support mixed use
development. Mr. Graddy stated that
persuasion does not need to occur and the Planning Commission knows that they
supported the Rubloff zone change in 2001 as mixed used, and when they made a
change, they supported that as well. The
Woodford Coalition supports a mixed use development at Midway Station and they
will support a design that follows the new urban code and the Town and Country
amendment to the 2005 Comprehensive Plan.
They are pleased to note that the developer, Dennis Anderson has the
right to develop a mixed use, new urban design on the existing 47.622 acres of
B-5 property without a zone change. B-5 includes
as a principal use all the uses in the B-1 District, which includes as a conditional
use medium density residential. The
Woodford Coalition will support the development of the currently zoned B-5 property
as a mixed use development. The zoning
application recognizes that the B-5 zoning designation will permit 252 units
and the developer is proposing 80 residential units within that area. They would look forward to working with them
to support the development of 80 residential units that is a quite large
subdivision for Midway without the need for a zone change. However, they are opposed to the zone change
request that would impact a community of some 600 residential units today, by
adding 600 more at one time at one decision, essentially in one night. It is too dramatic a change for the community
and it is too much to ask the Planning Commission and the Midway City Council
to ask this community to absorb without dramatically impacting the character
and charm of Midway that makes it a special place. Mr. Graddy called upon Dr. Lori Garkovich to
make a presentation.
Dr.
Lori Garkovich, a resident of Woodford County, stated that she was asked to provide some
information that is important to the proposal.
Dr. Garkovich stated that she does have some written comments, and they
were based on the assumption of the earlier submission of 715 residential
units. Dr. Garkovich stated that she has
done some re