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