PLANNING & ZONING
CITY/COUNTY JOINT
MINUTES

MINUTES OF THE MEETING
OF THE
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION

 

The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning Commission was held March 18, 2021, in the Fiscal Court meeting room and by way of video teleconference through Zoom due to COVID 19 at 28 East Main St., Taylorsville, Kentucky.  (Due to Covid-19, we ask that anyone who enters the building to wear a mask and we will take each person’s temperature as they enter for the meeting.)

Chairman Deapen:  Called the meeting to order.

Administrator Sweazy:  Roll called.

Present were Gordon Deapen, Valerie Hunt, Dwight Clayton, Diana Faue, Teddy Noel, Anthony Travis and Marsha Mudd (on zoom). Paula Wheatley was absent.  Also, present Attorney Dale, Administrator Sweazy and Asst. Admin. Angie Helton. 

Chairman Deapen:  For anyone who has joined us on zoom, I have an announcement that there are two items on the docket that are being postponed. We do not want to keep you on the line if that is the purpose of your call in. Those items would be #3 the Emma Neal Chowning Estate of Final Plat Review and the second would be #4 Nicole Ruth Development, LLC requesting R-1, residential to R-2, residential on Wills Way in Top Flight Landing. So, those two items will not be heard tonight.

Administrator Sweazy:  They will be postponed until April 1, 2021 at 7pm.  No new notices will go out and the zoom login will remain the same for that hearing.

Chairman Deapen:  I entertain a motion on approval of the minutes.

Commissioner Travis:  Recused himself from the minutes.

Commissioner Faue:  On page thirteen, third line from the bottom. (Cotton Lane Property)

Commissioner Hunt:  On page four, seventh section, line one. (retention basin)

Commissioner:  One page six, section 9, line three. (whether)

Administrator Sweazy:  Made the announcement again of the two postponed items for anyone that may have joined late on zoom.  

Commissioner Clayton made a motion to accept the minutes as amended, second by Commissioner Faue.

Administrator: Sweazy: Roll called, motion carries.

Chairman Deapen:  Committees. I see we have none.

Chairman Deapen:  Next would be the swearing in of testimony, you were sworn in last time, so you are still obligated to tell the truth tonight.

Chairman Deapen:  Old business.

Administrator Sweazy:  We have the application of Taylorsville Church of Christ requesting an amendment to the Binding Elements on Tract 2A, consisting of 3.064 acres, located in the 300 block of Loop Road. At the last meeting one of the items for discussion was the location of the sign they are proposing. They have provided a photograph of the location.  To the right is north, to the left is south.Left towards Taylorsville, Right towards J-Town. 

Mr. Erhardt: I am Aaron Erhardt, minister of the Taylorsville Church of Christ.  The contractor and I went and met with the neighbor directly across the street. We ask him what his preference would be, so that’s where we show putting it.  He thought that was far enough away from his house and driveway.

Chairman Deapen:  We covered the building last time. You understand there will be no flashing lights, the message can change from time to time but only 30% of the sign can be used as digital.

Administrator Sweazy:  I did speak to Mr. White today, the contractor and he was going to try and find out for sure from who ever made the sign, to make sure you can block out parts of the sign.

Mr. White: I was unable to reach him, and he has not called me back today.  But I can assure you it will be the 30%.

Administrator Sweazy:  We were just trying to verify that you can block out the balance of the sign.

Mr. Erhardt: He is a member of our congregation he is a chiropractor in Louisville, he has that sign at two different locations. He said you can dim it to 30% to 100%.

 

Chairman Deapen:  Are there any additional questions on either the building or the sign? Just to refresh ourselves they are asking for the restriction to be removed regarding a brick building and to put this sign up under the conditions we talked about. Are there additional questions from the commission on either of these issues?  I entertain a motion on the request to amend the binding elements.

Commissioner Faue:  I make a motion to recommend the application of Taylorsville Church of Christ requesting to amend Binding Elements on Tract 2A, a 3.064 acre tract of land located in the 300 block of Loop Road.  The binding elements that they are amending are the original binding element was to be brick on the outside of the building, we are allowing the exterior to be stone, EFIS (stucco) and metal. Also, the sign to be a 4x10 LED, two-sided with only 30% lit.

Chairman Deapen:  Is there a second?

Commissioner Travis:  Second.

Administrator Sweazy:  Roll called, motion carries.

Attorney Dale:  Administered the oath of testimony to Trevor Brown.

Chairman Deapen:  I am going to make a representation for the rest of the commission.  This is a complicated matter.  This has to do with rezoning of the plat approval we did recently.

Administrator Sweazy: I will read the application into the record. This is in regard to the application of Top Flight Development requesting Ag-1, agricultural to R-1, residential on 12.7 acres located in the 2700 block of Hochstrasser Road. The Planning Commission made a recommendation on this back in December 2020 then Fiscal Court requested that it be sent back to the Planning Commission on February 15, 2021.

Chairman Deapen:  Since that was done there has been a meeting, between the county attorney, couple magistrates, Attorney Dale and Julie Sweazy. They decided to have it sent back to the Fiscal Court.  What they are asking us to do is not in our jurisdiction. So, what I am asking is if you are comfortable with the recommendation I made, then I would like to have a motion that we can send it back to them.

Attorney Dale:  I agree, I do not think the commission has the authority.

Commissioner Travis:  I make a motion we send the original motion from December 17, 2020 be sent back to Fiscal Court with the understanding that a resolution has been considered.

Commissioner Noel:  Second.

Chairman Deapen:  Any discussion or questions from the commission?

Administrator Sweazy:  If you need clarification, we really did not explain, I can read the motion to you.  

Fiscal court was sending it back for you all to review based on an Ordinance 14-2010 pertaining to county road widening for developments. It talks about developments and subdivisions where they need to widen the main roadway that comes into those developments to 20 foot wide on the county road if its not already.  That is a Fiscal Court Ordinance not a Planning and Zoning regulation.

Attorney Dale:  The thing is the Planning and Zoning does not have the authority to enforce a county ordinance.

Commissioner Travis: Made a motion to send back to Fiscal Court, we do not have the authority to enforce a county ordinance. Second by Commissioner Noel.

Administrator Sweazy:  Roll called, motion carries.

Chairman Deapen:  New Business.

Attorney Dale:  Administrated the oath of testimony to Barry Crawford.

Administrator Sweazy:  Docket #1 – We have the application of Barry Crawford requesting Ag-1, agricultural to Ag-2, agricultural on 8.043 acres located in the 600 block of Roberts Road.  The Comprehensive Plan Recommended Land Use Map indicates the area should be low density residential. Mr. Crawford purchased the large farm track from Mr. Adcock with the agreement that Mr. Adcock would be able to get the bottom portion of Tract 2 back from him.  The bottom portion is 8.043 acres which requires the zoning change to Ag-2 to allow it to be a standalone tract. The larger portion of the original Tract 2 will remain at 54.396 acres left as Ag-1.

Mr. Crawford:  I bought this piece of property back in February and Mr. Adcock wanted to keep the 8 acres which is on the south side of Robert Road and I’m going to keep the 54.396 acres on the North side of Roberts Road.  He wanted to keep to cut hay off of.  I do not think he can build on it, he just wants to cut hay off of it and I’m keeping the tract on the other side.

Administrator Sweazy:  On your screens you can see everything. You will see the large portion on the left and to the right is the 8 acre tract we are discussing.

Chairman Deapen:  Questions from the commission?

Commissioner Clayton:  I am confused why the plat has Monroe on it.

Administrator Sweazy:  That was the original farm that was divided as a whole.

Chairman Deapen:  Any more questions from the commission?

Administrator Sweazy:  Is there anyone on zoom that would like to speak on the application of Barry Crawford?   No.

Chairman Deapen:  Anyone object to taking this matter up tonight?  Okay, I will open the floor for a motion.

Commissioner Travis:  I move we approve the application of Barry Crawford requesting zone change from Ag-1, agricultural to Ag-2, agricultural on a 8.043 acre tract of land located in the 600 block of Roberts Road. Based upon the following findings of facts: The Recommended Land Use Map in the Comprehensive Plan Recommends low density residential. The change would be in compliance with the comprehensive plan. It meets the regulations and guidelines set out with Planning and Zoning. There is no one here or on zoom to speak against it.

Commissioner Faue:  Second.

Chairman Deapen:  Any further discussion from the commission?  Julie call roll.

Administrator Sweazy:  Roll called, motion carries.

Administrator Sweazy:  Docket #2 – We have the application of Paul Davis, requesting Ag-1, agriculture to Ag-2, agriculture on 5.655 acres located at 84 Willow Rub Court.  The Comprehensive Plan Recommended Land Use Map indicates the area should be High Density Residential. Requesting zone change to bring property into compliance with 2014 Zoning Regulations.

Attorney Dale: Administered the oath of testimony to Paul Davis.

Mr. Davis:  Paul Davis, I live at 84 Willow Run Court.  We are looking to get rezoned to bring into compliance and considering the possibility of building a less than 1000 sq. ft. secondary dwelling for my 80 year old dad. We know the stipulation that we can’t rent it out or anything like that.  Dad wants to move here from Louisville. I have already spoke to road crew about putting in a driveway.

Administrator  Sweazy:  He and I have read over Ag-2 guidelines and found with a conditional use permit… so should he get theAg-2 zoning, then he would have to go before the Board of Adjustments to get a Conditional Use Permit to allow a 1000 sq. ft. or less secondary dwelling for an immediate family member.

Chairman Deapen:  Questions from the commission?

Commissioner Travis:  Is that a county road you’re coming off of, or a state highway?

Administrator Sweazy:  If he were to put another driveway in, he would have to have approval from the county road department.

Mr. Davis:  I know I still have to talk to the health department, water company and Salt River Electric.

Chairman Deapen:  Questions from the commission?

Commissioner Clayton:  The actual Comprehensive Plan Map, shows high density residential which doesn’t seem appropriate to me. That just surprises me.

Commissioner Clayton:  Julie, I am looking at the Ag-2 zoning, could you tell me in the conditional use where it says to have a second…

Administrator Sweazy:  It is at the top of one of those pages. (top page 36)

Commissioner Clayton:  I found it.  It says One (1) accessory dwelling unit of permanent construction having no more than 1000 square feet in living area provided that the parcel on which the accessory dwelling is located has approved on-site sewage disposal for both the principal use dwelling and the accessory dwelling and that the lot or tract is at least two (2) acres in size.

Administrator Sweazy: So, what we’ve always said is when we get to the Board of Adjustments level there needs to be 2 acres dedicated for the secondary dwelling.

Commissioner Clayton:  So not necessarily divided.

Administrator Sweazy:  No, you don’t divide it, you just have to designate that’s their part of your property.

Chairman Deapen:  Additonal questions from the commission?

Administrator Sweazy:  Is there anyone on zoom that would like to speak on this application of Paul Davis?  No.

Commissioner Clayton:  Let’s take care of it tonight.

Chairman Deapen:  Any objection to handling this tonight? The floors open for a motion.

Commissioner Hunt:  I make a motion to rezone the application of Paul Davis requesting a zone change from Ag-1, agricultural to Ag-2, agricultural on a 5.655 acre tract of land located at 84 Willow Run Court.  Based upon the following findings of facts:  The Recommended Land Use Map in the Comprehensive Plan Recommends mixed use to high density residential and the change would be in compliance with the comprehensive plan.  There is no one on zoom to speak against it.

Commissioner Noel:  Second.

Chairman Deapen: We have a motion and a second.  Is there any further discussion?

Administrator Sweazy.  Roll called, motion carries.

Chairman Deapen: As a reminder, Docket #3 – We will not be hearing until the next meeting. Docket #4 – Will be heard at the next meeting.

Chairman Deapen:  Full disclosure and I need your advice about this counsel.  This has to do with Early Wyne Plantation.  I am Vice President for the Homeowners Association.  I am not saying there is a problem with that, it’s not a paid position. At some point the lots we will be talking about will have to pay dues to the organization that I am an officer of. I would be glad to recuse myself if need be.

Attorney Dale:  You are not going to be voting anyway. You are the Chairman of the meeting and I do not see any conflict with that.

Commissioner Faue:  Just so you know I live in Early Wyne.

Attorney Dale:  But you do not have any financial interest in this project?

Commissioner Faue:  No nothing.

Attorney Dale:  So, under the statue you would not have a conflict.

Administrator Sweazy:  Docket #5 – We have the application of Early Wyne Land, LLC requesting Preliminary Plat Review of 17.70 acres proposing 11 lots located on Wynemer Drive in Earl Wyne Plantation. On 8/3/1998, Early Wyne Plantation Inc. obtained R-1 zoning on 157 acres. This is another phase, under new ownership requesting preliminary plat approval.

Mr. Brown: We purchased it and they had previously divided it out. Whoever engineered the previous plan never intended to build on.  We came in and replated it, we came up with fewer lots, bigger lots.  As far as restrictions, I will be carrying the same restrictions that are currently there now. Will be stick built with the brick or stone, the 1650 sq. ft. and keeping everything the way, it is.  I just needed to lay it out different so the lots could be built on.

Commissioner Travis:  So, you are asking for an amended plat?

Administrator Sweazy:  Well, they never got a final plat approval. They are just starting fresh.

Mr. Brown: They had given me a plot plan and said here it is, but some of the information I got is not exactly what they told me, but that is fine. So now my intent is to put in this section because it gravity feeds to the sewer system. It was an engineered drawing, nothing ever got recorded, so this is new.

Commissioner Hunt:  Is that existing lateral lines running to the pump station?

Mr. Brown:  Yes, there is lateral lines running through all the property.

Administrator Sweazy:  The way this will work these days because of the way we are doing roads. We will do Preliminary Plat approval, then he will get all his approvals from the engineer on water, sewer, then he will come back for Final Plat approval.

Chairman Deapen:  Any other questions from the commission?

Mr. Burnett: (on zoom) My name is Ron Burnett, 285 Inglenook Drive, I have a property adjacent to this project. I was wondering if it was possible to get the person that is representing this request change, which I do not have a problem with. I would like to get him to make an appointment to swing by and go over a couple of things that are a concern, I am not objecting to them in any way, but I do have some questions and would love to get together with him. If you would be willing to do that?

Mr. Brown:  I would rather you ask me now.

Mr. Burnett:  If you blow up the picture you had earlier of the overview. I am on Lot 55, which is part of the lake there. There is a very deep ravine in the picture where the lake comes around to the extreme part of 32-30-44 Lot and I would be interested in trying to purchase a piece of the Lot 32-30-44, because in the green area, I’m maintaining the existing area.  That ravine is so deep, just curious how you would get to that little chunk of property without coming across my property. I would love to be able to move the one line going from that 32-30-44 Lot to the Lot enough to pick up a piece of that grass that I mow and redo that little area there and of course compensate accordingly.

Mr. Brown:  I would be more than happy to talk to you about selling it. I guess my question would be does this have anything to do with the Plat approval?

Commissioner Clayton:  This is Preliminary Plat approval. So, I guess if the two of you wanted to work something out by the time, we get to the Final Plat.

Chairman Deapen:  Are you with us Mr. Burnett and understand?

Mr. Burnett:  Yes, I am.

Chairman Deapen:  Any other questions?  Is there anyone else on zoom?

Administrator Sweazy:  Mr. Burnett, just touch base with Trevor Brown about those issues after the meeting.

Mr. Burnett:  Yes,I would be happy to do that.

Chairman Deapen:  Are there any questions from the commission?

Commissioner Travis:  I make a motion we approve the Plat request for the Preliminary Plat Review of 17.70 acres which includes 11 Lots located in Early Wyne Plantation on Wynemer Drive.

Chairman Deapon: We have a motion on the floor, is there a second?

Commissioner Clayton:  Second.

Chairman Deapon:  We have a second.  Any further discussion? Julie read the roll.

Administrator Sweazy:  Roll called, motion carries.

Chairman Deapen:  Julie do we have any general questions or discussion?

Administrator Sweazy:  Our next meeting is April 1, 2021 at 7pm.

Commissioner Travis made motion to adjourn, second by Commissioner Noel.

Chairman Deapen: We have a motion to adjourn, all in favor please say aye, meeting adjourned.

                                                                                           Approved 4/1/2021