PUBLIC HEARING
MIDLAND-ATLANTIC GALLERIA ZONING CHANGE: FROM RSE/UTC and UNO to C-2/PD
8:00 p.m., Monday, July 14, 2008
Over 350 people were in attendance at this public hearing. Attendance sign-in sheet are on file and available to be viewed.
OTHERS PRESENT: Mayor Don Kirby, Commissioners Bob Kelly, John Adams, John Mefford and Todd Sayers, City Attorney Greg Voss, City Clerk Kathy Porter and City Administrator Warren Moore.
Mayor Kirby opened the Public Hearing at 8:15 p.m. and stated the purpose of the hearing was to allow Midland Atlantic their requested Public Hearing on their proposed zone change and receive input from citizens regarding that proposed zone change from UTC to allow for the proposed Midland Atlantic/Galleria/Target Development. Midland Atlantic is requesting a zone change from RSE/UTC and UNO to C-2/PD.
Mayor Kirby opened the meeting by introducing himself, the City Commission, and the City staff sitting on the stage. He welcomed all those in attendance and set ground rules for the meeting regarding the public comment time. He asked that all speakers please be respectful when they have the microphone. He stated that Kevin Costello from the Boone County Planning Commission (BCPC) would be speaking first; representatives from Midland Atlantic would be presenting and speaking second and finally public comments would be accepted after. Mayor Kirby introduced Kevin Costello.
Kevin Costello, Executive Director of the BCPC spoke. He recognized Dave Geohegan, Director of Planning Service for the BCPC and Kevin Wall, Director of Zoning Services for the BCPC. He summarized the history of the requested zone change for the Midland Atlantic Target at Galleria Project as it relates to the BCPC. He reviewed the process that the BCPC puts an application for zone change through once it is received. The application for zone change is submitted; it is reviewed by the BCPC and receives a public hearing. The application then goes to committee for recommendations and then back to the full BCPC for a final vote. The BCPC Public Hearing for the zone change occurred on March 19, 2008. Subsequent Committee Meetings occurred on April 2, April 16, and April 23 to address the request. The full BCPC vote on the request for zoning change occurred on May 7, 2008. The outcome of the meeting was that the request was recommended to be denied. This recommendation then goes to the City of Union that then, per Kentucky state law, is assessed by the City who has the final say on the recommendation. Mr. Costello then turned the meeting over to the applicant, Midland Atlantic for their presentation.
John Silverman from Midland Atlantic spoke about the Target/Galleria project. He discussed the project in regards to meeting the numerous requirements set forth by the BCPC and the task of designing the project in a manner that met all of those design requirements. He stated that he has received numerous e-mails in support of this project from residents in the 41091 zip code. He referenced a mailer with a return postcard included that Midland Atlantic has sent out to those residents. The postcard asked the residents if they were for the proposed zone change and Target development, their address and comments. He presented a stack of 543 postcards that had been returned by those residents. He stated that via his count, five (5) residents stated they were undecided, less than 30 were opposed to the project and the rest, about 502, were in support of the project. He proceeded to summarize the feedback residents in the 41091 zip code gave Midland Atlantic. He referenced that there was a demand for restaurants and services due to current high energy cost, the benefits of increasing the tax base of the City of Union by generating $744,698 in new real estate taxes. He stated that of that amount $315,000 goes to the schools, $92,000 goes to Union Fire and Safety, $133,000 goes to the City of Union, and the
remainder goes to Boone County and Library taxes. He presented prior successful Midland Atlantic Developments and noted their landscaping and water features for their aesthetically pleasant design. He presented a photo of the proposed project and elaborated on the features of the design and how it would affect the surrounding property. He also discussed the size and nature of the development, the other stores that the development would allow for as well as the restaurant and public space included. The architecture of the design is congruent to the design of the Boone County Library that would sit next to the development and includes a water feature and “horse fences” (Kentucky board fences). He also noted the traffic design of the development that he states will address traffic flow issues and calm any problems. He presented Jay Bayer from Bayer/Becker Engineering Firm to discuss the design.
Jay Bayer, Civil Engineer and President of Bayer Becker Engineering Firm elaborated on the design of the proposed Galleria based upon the requirements of the Boone County Planning Commission’s (BCPC) Guidelines, especially the “very stringent” BCPC landscaping requirements that include the planting and placement of trees. He described the site design plan, detailed certain elements of the design plan, and discussed how it will affect the surrounding areas. He addressed controls for sewer and storm water management. He pointed out the design of light poles that would avoid shining into the residences behind the store on Braxton Ave. as well as other measures that will screen the residential neighborhood such as a tall berm constructed between the development and the residential neighborhood.
Katie with Bayer/Becker elaborated on the traffic analysis of the proposed zone change area and discussed the traffic flow design. She addressed the proposed intersection of US 42 at Old Union Rd. and all other access points. They analyzed Gunpowder/Pleasant Valley intersections and also all the way down to Mt. Zion Rd. intersection as well. The purpose of the analysis was to determine the traffic capacity of the area and identify any needed improvements to those areas that the developer would pay for.
Candace Klein from Property Advisors, a consulting firm hired by Midland Atlantic presented an economic and demographic analysis that assesses the capacity of the 41091 zip code to support the proposed development. Her final assessment stated that residents in the 41091 zip code have an average household income of $90,000 or more and are highly educated, possessing college degrees. Due to this and the density of the population and trade area she identified, her final conclusion was that the residents of the 41091 zip code can support such a development like the Galleria proposal and the Union Town Center Plan as well.
John Silverman spoke again and summarized that the Target Galleria project is totally different that the planned Union Town Center and therefore will not affect the Town Center. He stated his opinion, based on the previous presentation by Candace Klein that the Town Center and the Galleria can co-exist together. He states that the Target Galleria project will facilitate and compliment the development of the Union Town Center.
Gerry Dusing, attorney for Midland Atlantic spoke and gave closing remarks for the Midland Atlantic presentation. He stated that City of Union would be a better place with this development and that residents should not fear change and overcome any fear of change they may have. He stated that the plan of the developers must include plans to make sure the traffic issues are addressed. He also stated it will provide a good source of revenue to the schools.
Mayor Don Kirby opened the microphone for comments from those in attendance. He asked attendees to keep their comments as brief as possible and to the point.
Dave Flisher, 10650 Unbridled Ct., a Triple Crown resident spoke in favor of the zone change.
Fred Bernier of 10862 Kimberly Dr, a Suburban Estates resident spoke in favor of the zone change.
Jerry Deters of Triple Crown neighborhood spoke in favor of the zone change.
Gary Vaughn of 2116 Natchez Trace in Plantation Pointe spoke in favor of the zone change.
Joe and Mary Bloom of 10655 Aspen Place in Lassing Green spoke in favor of the zone change.
Erin Sweeney of 1495 Vistaglen Cr., a Cool Springs resident, spoke in favor of the zone change and stated the Galleria and the Town Center can co-exist.
Roy Frost of 10123 Russwill Ln. spoke against the zone change.
Patti Raftery of 9171 Royal Oak Ln. in Fowler Creek spoke against the development and presented a petition signed by 27 other residents in Fowler Green who are also opposed to the development.
Bob Schroder, an Arlinghaus Employee who lives at 1423 Barnwood Ct. in Edgewood, KY spoke in favor of the development.
Cherie Shields of 1503 Vistaglen Cr. of Cool Springs spoke in favor of the zone change and stated she felt the Union Town Plan and The Galleria could co-exist.
Jeanne Demler of 11627 Gum Branch Rd. who has been a 20 year resident of Union spoke in opposition of the zone change and stated Warren Moore, Union City Administrator, has a letter on file stating her opposition.
Brian Smith of 1795 Whispering Trails spoke against the zoning change.
Dan Marsh 3334 Forestview Dr. spoke against the zoning change.
Michael Sweeney of 2027 Holderness Dr. in Hampshire spoke in favor of the zone change and would like to see a compromise worked out.
Chris Baker of Orleans Neighborhood spoke in favor of the zone change.
Robert Scroggins of Richmond Rd. in Union Village spoke against the zone change.
Greg Bennett of Big Bone Rd. spoke against the zone change.
Kevin Brashear a resident of Bonne County Unincorporated spoke in favor of the zone change.
Dan Riegler of 9744 Spruce Dr. spoke in favor of the zone change.
Diane Barnett who lives on U.S. 42 spoke in favor of the zone change.
Paul Marcotte of 10674 Palastine Dr. spoke against the zone change. He stated that while he was impressed with the plan he does not feel Union needs a target.
Michael Thorton of 9268 Tranquility Dr. stated he was in favor of the plan and felt it was what is best for Union at this time.
Mark Woodrum of Triple Crown spoke in favor of the zone change.
Patrick Muldoon of 10134 Old Union Rd. spoke against the zone change.
Richard Harrell of 10001 Cedarwood in Hempsteade spoke in favor of the zone change.
Lisa Campo of 9069 Braxton in Union Village spoke in favor of the zone change and feels Union can support both The Galleria and Union Town Plan.
Matt Campo of 9069 Braxton in Union Village spoke in favor of the zone change and feels Union can support both The Galleria and Union Town Plan.
A gentleman who lives in the 41091 zip code employed by Fisher Homes stated he is in support of the zone change even though it changes the property from residential to commercial.
Donna Wilmhoff of 10647 Michelle Dr. spoke against the zone change and asked the Commission to give the Union Town Plan a chance.
Jackie and Paul Hartke of 10400 Killarney Ct. spoke against the zone change.
Joe Mahoney, residing on Richmond Rd., a resident of Arbor Springs spoke for the zone change and asked the Commissioners to vote yes.
Mike Lyons of the Boone County Business Men’s Association spoke against the zone change saying it would harm small business.
Jim Collett a City of Union Property owner spoke against the zone change. He stated he was very impressed with the Midland Atlantic Proposal but he would like the Commission to give the Union Town Center a chance.
Mark Hadley of 10099 Golden Pond spoke against the zone change and in support of the Union Town Center plan.
Betsy Sato of 10604 Killarney Dr. spoke in favor of the zone change.
Karen O’Sullivan of 10702 Aspen Pl. in Lassing Green spoke against the zone change.
Diane Frank of Whispering Trails spoke in favor of the zone change.
Dave Ziegler of 2228 Bleu Yacht spoke in favor of the zone change.
Barbara Coughlin of 10207 Waterside Ct. in Hempsteade spoke against the zone change.
A man who identified himself as Scott, a Florence resident who lives in Farmview spoke in favor of the zone change.
Clint Morrow, residing at 9090 Braxton Dr. spoke in favor of the zone change.
Mayor Kirby asked Dave Geohegan to clarify a residential planned land use question that had been asked earlier in the meeting. Mr. Geohegan clarified that nine (9) acres of the land is planned detached residential and ten (10) acres is planned for townhomes. He explained that there is a ten (10) units per acre max. To the south there is a planned townhome area of another ten (10) acres with six (6) units per acre. The multi-unit houses have to obey a 100 foot set back from U.S. 42.
John Silverman from Midland Atlantic disagreed with Mr. Geohegan information and stated he believed it was 24 acres that was available for residential. Mr. Silverman clarified other information that arose from the public comments. He stated that Midland Atlantic is interested in developing the Union Town Center but that they believe that the current zoning change needs to take place to prepare for the progress of the Town Center, it gives people a reason to come down U.S. 42.
Gerry Dusing, the attorney for Midland Atlantic addressed several issues: schools, traffic issues, and fear of the community. He argued that too much residential development would congest the school district and overflow classrooms. He addressed the traffic count issues and stated that they received the traffic count data from the Kentucky Transportation Cabinet and Boone County Planning Commission. He stated that Midland Atlantic is proposing to alleviate traffic issues from this proposed development by using their own financing to fix the road and traffic issues. He also stated that people wanted shops and restaurants close to their homes in Union. He also addressed the fear that people have about The Galleria being a barrier to the development of the Union Town Center. He stated the data shows that the community can financially support both.
Mayor Kirby spoke and stated that the city is always looking at ways to increase revenue. Mayor Kirby also explained that 3 of the 4 members of the Boone County Planning Commission’s Zone Change Committee were not around when the City of Union worked very hard with “blood, sweat, and tears” to put the Union Town Plan together and did not understand the history and visioning that went into the Town Center Plan as well as the citizen input. He stated that this was a part of the reason why their decision was made to recommend the zone change; they did not have all of the history of the City of Union’s Town Plan process.
He thanked the attendees for coming for the evening and stated that the post card return was impressive. However, he pointed out that 41091 zip code includes more than just the residents of the City of Union. He stated that he has to listen to only the 41091 zip code residents who are indeed tax paying residents of the City of Union. He stated that while he appreciates their opinions, he does not represent the people who reside outside of the City of Union.
He stated that the decision ultimately comes down to the Union Town Plan and the City of Union’s commitment to that plan. He stated that there are developers who have backed away from interest in developing the Town Plan as they observe what will occur as a result of this meeting.
Mayor Kirby also stated that looking at the sign in sheet he can see that the majority of the “proponents” of the zone change are not city of Union residents and “opponents” of the zone change are city of Union residents.
Commissioner Kelly asked a question to clarify a zoning question relative to the Town Center. Mr. Geohegan from the Boone County Planning Commission answered his question.
Commissioner Mefford made comments regarding the Galleria Plan and how aesthetically pleasing it was. However he feels the city needs to grow in the right way. He also expressed his concern over the affect a big box store would have on the small businesses planned in the Town Center.
Mayor Kirby asked for a motion to accept the Boone County Planning Commission’s Committee report in it’s entirety including the findings of fact. No motion was made.
Mayor Kirby asked for a motion to approve the full Boone County Planning Commission’s denial of the zone change. Mr. Mefford made a motion to accept the resolution. Mr. Kelly seconded the motion. No other Commissioner opposed. Motion carried.
Mayor Kirby asked for a motion to close the public hearing. Mr. Kelly made the motion. Mr. Mefford seconded the motion. Motion carried. The meeting was adjourned at 11:17 p.m.
Signed this 11th day of August, 2008.
APPROVED: ATTEST:
_____________________ _________________________________
Don Kirby, Mayor Kathy Porter, City Clerk/Treasurer