PLANNING & ZONING
MINUTES OF THE MEETING
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION
The regular meeting of the Taylorsville-Spencer County Joint Planning Zoning Commission was held June 15, 2017 at 7:00 p.m. in the meeting room, East Main Street, Taylorsville KY.
Chairman Gordon Deapen called the meeting to order.
Present were Dwight Clayton, Gordon Deapen, Diana Faue, Marsha Mudd, Teddy Noel, and Anthony Travis. Absent were Lowry Brown and Gary Woods. Also present were Administrative officer Julie Sweazy and Attorney Dudley Dale.
Motion was made by Commissioner Travis and seconded by Commissioner Mudd to approve the docket. Motion carried. None opposed.
There were no committee reports.
Attorney Dale gave the oath for testimony to those in the audience who wished to speak to the commission at this meeting. Chairman Deapen explained that there was a 3 minutes limit to their presentation unless extra time was requested.
There was none.
The application of Jessie Owen Shelburne requesting Ag-1, agricultural to R-1, residential on 2.461 acres located 1467 Bloomfield Road, Highway 55 S, was heard. Administrator Sweazy explained that the Comprehensive Plan recommends medium density residential. She showed the survey showing Tract 1 which was rezoned to R-1, residential in 2012. Mr. Shelburne is requesting the zone change on the 2.461 acre tract to convey to his son, the owner of tract 1, to have additional land.
Tim Shelburne of 1467 Bloomfield Road was present. He explained that his dad was giving him acres to add to the place where he now lives.
Commissioner Faue questioned if Mr. Shelburne was adding any structures.
Mr. Shelburne answered that he might put an equipment shed. It is all hill side.
Commissioner Clayton questioned the zoning around the tract.
Administrator Sweazy explained that there is R-1, residential around the tract.
No one from the audience wished to speak against the application.
Motion was made by Commissioner Travis and seconded by Commissioner Noel that since no one present was against the application, that the procedures be waived or suspend the rules and take action on the application tonight. Motion carried with none opposed.
Motion was made by Commissioner Faue and seconded by Commissioner Noel to recommend the rezoning application of Jessie Owen Shelburne from Ag-1, agricultural to R-1, residential based upon the following findings of facts: The Comprehensive Plan recommends medium density residential. The change would be in compliance with the comprehensive plan and guide lines. There has been no opposition against the application. Motion carried with none opposed.
The application of Glen Goebel and Steve Smith requesting preliminary plat approval of 42 residential lots, Goebel Crossings Phase 4, consisting of 43.596 acres located on Nevin Lane was heard. Administrator Sweazy gave a history of the property. Rezoned 53.79 acres to R-1 in July 1999. Final plat approval for 53.79 acres, Phase 1 consisting of 39 lots was given in July 1999. Approval for 462 acres for R-1 was given in November 1999. Final plat approval for 56.919 acres, Phase II consisting of 46 lots was given Oct, 2003. Final plat approval for 77.672 acres, Phase III, consisting of 66 lots was given July 2005. Tonight is Phase IV to Goebel Crossings. There will be approximately 285 acres left after this phase, with the vast majority falling on the north eastern side of Hochstrasser Road. All roads within Goebel Crossings are currently county maintained roads. There are two entryways into the development. One is off Highway 155 and the other is off Hochstrasser Road. Plat approvals do not go before Fiscal Court. This is more of an administrative function. The commission was asked years ago to view plats before they were signed. The next step will be the utilities.
Glen Goebel, Steve Smith, and Brad Wacker were present. Mr. Smith and Mr. Wacker are the developers.
Mr. Risinger, engineer explained that the lots are laid out to the existing fence in the back of the property. The roads are down the middle to the ridge. The majority of the lots are one acre. Some preliminary septic approval has been done.
Mr. Smith explained that they are following the restrictions from the other phases. The only difference is the use of stone and brick mix and hardy board being allowed.
Charlie Tichenor, attorney explained that there are no restrictions on this plot of land. The only difference would be hardy board.
Brad Wacker explained that hardy board seems to be a hot item that people are using now. They, the developers, are not trying to devalue or undercut anything. This phase is separate from Goebel Crossings, but Mr. Goebel has imposed the restrictions on us with the exception of the hardy board. He admitted that he would not use hardy board on his own home, but it is an option that people are requesting.
Mr. Smith felt that hardy board would bring character to the development. He explained that he currently lives there.
Mr. Wacker stated that if someone was building in the ‘70s or 60’s that this would not have been brought up.
Mr. Smith stated that this phase will match Phase III.
Mr. Tichenor explained the restrictions for each phase. The restrictions for Phase 4 are close to Phase 3 with the exception of the hardy board. Mr. Goebel wanted to make sure the restrictions were in place before they buy the property. Mr. Goebel will not be the developer anymore.
Administrator Sweazy explained that some of the lots are three times deeper on the right hand side. The current phase has a 25 feet building line. They are asking for the 25 feet old guide lines rather than the new requirement of 50 feet so that the houses will be uniform and not behind the current houses.
Commissioner Travis felt that the 3 to 1 ratio was not an issue. He believed that the lots were broken according to the lay of the land.
Mr. Tichenor explained that a change from the other phases was the windows are now for the developers approval.
Mr. Smith stated that this phase will effect 29 mailboxes or homes. They have 42 new lots. He felt that there is concern about additional traffic. Only 29 homes will see the additional traffic.
Commissioner Travis questioned if the current entrances are 50 feet width.
Mr. Risinger explained that there is 70 feet off Highway 155.
Commissioner Clayton questioned the road that appears to run through the development on the plat.
Mr. Risinger explained that it is the gravel drive that goes to the old farm house.
Commissioner Travis questioned if there will be a street that goes to Hochstrasser.
Mr. Risinger responded no sir. There is quite a distance from here.
Commissioner Clayton questioned if a traffic study has been done.
Mr. Risinger’s response was no. They were not prepared for a traffic study.
Woody Conner, 304 Nevin Lane, stated that he opposed the application. He lives at the corner of Nevin and Benjamin. Mr. Goebel had the right to change anything in the first phase. Currently there is a HOA (homeowners association). Mr. Conner was against hardy board. The houses are brick but not the same color. There are a lot of kids that ride bikes. There are no sidewalks and speed will be an issue. The farther back someone has to go the more speed people want to do. There were only minor changes in the other three phases. His property is in phase one.
Chairman Deapen questioned what was told about the other phases.
Mr. Conner explained that when he purchased his property, Phase II was being developed. He did not know how much land was back there.
Commissioner Travis explained that most people do a zone change on the whole property then the utilities and streets are done.
Larry Muench, 40 Jennifer, explained that he was president of the HOA. The board is comprised of five members. #1. The problem is traffic especially construction traffic. They are adding 25% more traffic since there is not an entrance on Hochstrasser. He felt the solution is that Mr. Goebel could deed an easement to Hochstrasser over the property that he still maintains. People are on the street since there are no sidewalks there. He thinks this is a premier subdivision in Spencer County. #2. Water usage will increase by 25%. They have an issue in Phase III of low pressure. This property adjoins Phase 3. His personal water pressure is 40. The normal is 60. He knows of people who have 35 or less in this subdivision. He is on a ridge. #3. CC &R (covenants, conditions & restrictions) the board held a meeting with Mr. Goebel. He is now hearing windows and hardy board. Developers can change restrictions but the board cannot. If they don’t want to agree to the existing restrictions, he felt that this subdivision should not be a part of Goebel Crossings. The residents feel that hardy board is going to distract.
Commissioner Clayton questioned if he had a problem with building a cheaper home.
Mr. Muench answered yes that he has a problem. He has no problem if it is a different subdivision with a different entrance.
Karen Smith, 843 Nevin Lane, explained that she lives at the end of Nevin Lane where the construction trucks, bulldozers and dumpster will be. She has worked with construction. Everyone is going to be effected. They are going to tear up the roads. She felt it is not going to be safe for the children. She and her husband have worked all their lives and do not want their property to be devalued. They were blue collar workers and all for new construction. She questioned why construction trucks have to go by her home. She felt that Steve Smith is a builder that keeps tight control over everything. She hoped the developer and Steve Smith keep to the same restriction as when they bought their home.
Joe Miller, 136 Cynthia’s Ridge, explained that he is on the HOA. He asked for a meeting with the new builder. They did not want to meet until the deal is done. He hated to see his property value go down. He felt the commission should consider the traffic. They have asked to approve the house plans. It would not bother him if this was a separate identity.
Teresa Shake, 610 Nevin Lane, explained that she is the first house and had a letter her husband wrote before he left town. Everybody touches Nevin Lane. This will be directly behind her house. She wanted them to be under the same restrictions. She felt that Mr. Goebel has lied to them for the last 11 years. She has a big problem with that. She gave a copy of her husband’s letter for the commission. She explained that a semi came in with equipment and two tanks. She felt they need their own entrances. They can come off Hochstrasser and go the gravel lane. They have changed stuff on us without asking.
Commissioner Clayton questioned when the original zone change occurred if there were some binding elements that the commission needs to be made aware of.
Administrator Sweazy explained that there were no binding elements. She researched the minutes. The next phase is going to have to hit Hochstrasser.
Mrs. Shake explained that she has no problem with them building behind her, but they need to stop construction traffic.
Phillip Smith, 843 Nevin Lane, explained that he lives on Lot 144. His mailbox has been hit so many times that he chose not to replace it. A bobcat with tracks went down the road the other day.
Commissioner Clayton questioned if someone was going to visit Mr. Smith if they would see the hardy board.
Mr. Smith’s reply was there are two lots next to him. Yes they would. The spirit of the law is violated here.
Mr. Tichenor wanted to clarify that Mr. Smith and his partner will develop Phase 4 only. Mr. Goebel is the developer of Phase 1, 2, and 3.
Commissioner Clayton explained if the plat is correct and it meets the codes then this is administrative only. There were no binding elements put on the property.
Mr. Tichenor explained that Section 4 is written so that the developer and Mr. Goebel have the right to change the house size. When Mr. Goebel originally did the restrictions, he did not put anything regarding above ground pools.
Commissioner Clayton questioned the gravel road.
Mr. Tichenor explained that it’s not in negotiation. That it is a farm road.
Commissioner Travis explained that he keeps hearing about another road. He questioned where they will put in another road.
Mr. Tichenor explained that there is only what is plotted. There is not another road but only the county road and Nevin Lane.
Glen Goebel explained that farm equipment goes to his farm which the subdivision adjoins. He has tried to do everything the people asked him to do. Fiscal Court won’t allow speed bumps.
Mr. Conner explained that during Phase 1, 2, and 3 they did not have a HOA. Mr. Goebel has done a great job. He questioned if they have 40 lots and they are not selling, if they won’t have the rights to change the restrictions. He also asked if it does not meet the 3 to 1 ratio, wouldn’t it make the houses look closer together.
Commissioner Clayton explained that the changes in the restrictions have been what the owners have asked Mr. Goebel.
Mr. Conner explained that there is only one above ground pool that has been grandfathered.
Commissioner Clayton explained that if he understands Mr. Tichenor, Mr. Goebel will be involved in decisions.
Mr. Tichenor explained that the restrictions are being jointly made by the developers and Mr. Goebel.
Someone from the audience questioned what happens if something happens to Mr. Goebel.
Mr. Tichenor answered Mr. Goebel can give his deciding factor to an heir.
Mr. Muench explained that he understands Mr. Risinger and Mr. Smith will develop Phase IV. He understands the CC&R was developed jointly with Mr. Goebel and the developers. He had questions about once the sell is complete and the deed made if they wanted to do away with the restrictions in 3 to 4 years or make changes.
Chairman Deapen explained that from the testimony that the commission received, yes Mr. Goebel and the developers can make changes. It has to be a joint decision.
Mr. Conner asked if there is another board they can go to.
Chairman Deapen and Attorney Dale explained it was a legal matter.
Motion was made by Commissioner Clayton and seconded by Commissioner Noel to approve the preliminary plat of Goebel Crossings Phase 4 as presented tonight with a variance of 25 feet set back as the other homes and variance for the lot sizes to allow over the 3 to 1 ratio.
General Questions and Discussion:
Comprehensive Plan Discussion – Chapter One. The commission will review Chapter One on their own and discuss at a later date. Advertise for public hearing for next meeting.
Motion was made by Commissioner Travis and seconded by Commissioner Mudd to adjourn. Motion carried.
Minutes approved 7/6/17