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 August 17, 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 Lowry Brown, Dwight Clayton, Gordon Deapen, Diana Faue, Marsha Mudd, Teddy Noel, Anthony Travis, and Gary Woods. Also present were Administrative officer Julie Sweazy, Enforcement officer Jan Kehne and Attorney Dudley Dale.
Motion was made by Commissioner Travis and seconded by Commissioner Noel to approve the docket as presented. Motion carried. None opposed.
Commissioner Faue noted a correction on the July 20, 2017 minutes. There was a typo on page 1 and the last paragraph –the word should be sell not sale.
Motion was made by Commissioner Woods and seconded by Commissioner Faue to approve the minutes of the July 20, 2017 meeting as amended. Motion carried with none opposed.
There were no committee reports.
Chairman Deapen explained that everyone wishing to speak to the commission must be sworn in for testimony. An individual has a three minute time limit which he (the Chairman) would enforce unless there is rambling of the same information. Attorney Dale gave the oath for testimony to those who wished to speak to the commission at this meeting.
There was none.
The application of Barry Foreman & Bennie Lou Hammons requesting Ag-1, agricultural to R-1, residential on Tract 4A, consisting of 5.25 acres and Tract 4B, consisting of 5.20 acres of the Rhonda Foreman Division located on Little Union Road was heard. Administrative officer Sweazy explained that they were requesting that the tract of ten acres become two five acres tracts. The Comprehensive Plan recommends medium density residential.
Barry Foreman, 10800 Old Taylorsville Road, Louisville, explained that he wants to split the tract into two tracts. Garland Armstrong had surveyed the tract but he had not received the plat.
Administrative officer Sweazy explained that the plat is not signed regarding the entrance. Mr. Armstrong will put a signature block on the plat prior to the recording.
No one from the audience had signed a request to speak regarding the application.
Motion was made by Commissioner Travis and seconded by Commissioner Mudd to waive normal procedures since no opposition was present and to act upon the application tonight. Motion carried with no opposition.
Motion was made by Commissioner Faue and seconded by Commissioner Noel to recommend approval for the Ag-1, agricultural to R-1, residential zone change for Barry Foreman & Bennie Lou Hammons for Tract 4A and Tract 4B. The change would be in compliance with the comprehensive plan. The tracts meet the dimensional requirements of the Regulations. There was no one in opposition present. Motion carried with none opposed.
The application of Dana & Aggie Roehrig requesting Ag-1, agricultural to Ag-2, agricultural on 5.768 acres located 156 Donovan Hill Road was heard. Administrative officer Sweazy explained that the Comprehensive Plan recommends low density residential. This tract was created several years ago prior to zoning in the county. The applicant is requesting the zone change to bring it into compliance.
Aggie Roehrig of 5401 Veech Ct. explained they were making the request in order to build.
No one from the audience had signed a request to speak regarding the application.
Motion was made by Commissioner Woods and seconded by Commissioner Faue to waive the normal procedure and act upon the application tonight. Motion carried with none opposed.
Motion was made by Commissioner Woods and seconded by Commissioner Brown to recommend to Fiscal Court the zone change from Ag-1, agricultural to Ag-2, agricultural on 5.76 acres for Dana & Aggie Roehrig. The existing tract has been out of compliance. The request will bring the tract into compliance. The tract meets the dimensional requirements. Motion carried with none opposed.
The application of RM Development Group, LLC requesting Ag-1, agricultural and R-1, residential to B-2, commercial on 1.5 acres located 11 Miller Road was heard. Administrative officer Sweazy explained that the Comprehensive Plan recommends mix uses. The previous owners, the Bridgewaters, got a zone change on 1 acre with the house making it R-1, residential. This left the balance of the farm as agricultural. The applicants purchased this tract to construct a Dollar General Store. They were not aware that the property was incorrectly zoned when purchased. The developer has written exhibits to correspond to the check list. A representative is present to answer any questions.
Charlie Montgomery from Mississippi explained that he works for the parent company. He believed that everything had been addressed.
Commissioner Woods questioned the lighting.
Mr. Montgomery answered that there are ways to turn the lights down on the parking lot until it closes. They can use lower wattage. The lights will shine down on the parking lot and not look like a landing strip. The road department will determine the entrance. If the commission puts a stipulation, then the company is willing to work with that.
Commissioner Woods questioned the large sign.
Mr. Montgomery explained that the sign is 18 feet the typical sign as on other stores. The sign is not done by the contractor but by Dollar General. It will be part of the building permit.
Commissioner Travis questioned the square footage.
Mr. Montgomery answered that it would be 9100 square feet or 71 x 30 ft.
Commissioner Clayton noted that the easement grading will go over their property.
Administrative officer Sweazy explained that the applicants have already purchased the lot from the Bridgewater’s.
Mr. Montgomery explained that they are going under contract to build the project. Once they get the topo done, they are getting a berm easement.
Administrative officer Sweazy explained the office has a copy of a deed and they have taken possession.
Commissioner Woods questioned if they already knew that they were going into the next property why they did not buy more.
Mr. Montgomery explained that they basically buy one to one and a half acres. They could put a retaining wall there. There will be a grassy area.
Administrative officer Sweazy explained it can be checked when doing the building permit.
Commissioner Woods suggested that at the second meeting the developer have a drawing of what will be placed there.
Commissioner Brown questioned the outside of the building.
Mr. Montgomery explained that he is expecting it to be block but he will have the answer for the next meeting. They will ask for whatever the commission allows.
Commissioner Clayton questioned if the location was a bit awkward.
Commissioner Woods questioned if Miller Road was a county or state road.
Administrative officer Sweazy answered that Miller Road is a county road.
Commissioner Clayton stated that he would like to see a traffic flow study.
Emily Campanell of 80 Whitetail Drive presented a petition with 66 signatures from Briar Hurst, Miller Road, and Whitetail Drive stating they were against the zone change. Their investments are their homes. She has lived there nearly 12 years. It is peaceful and not really like living in a subdivision. People have trouble coming off Highway 44 left onto Miller Road. A sharp right has to be made. They do not want an entrance to be there. Her mother-in-law lives by a Dollar Store in another county. It is a metal building which increased traffic, a beacon of lights, and danger to children. You will be inviting people to sit in a vacant parking lot beside a peaceful subdivision. Most that she spoke to are against the request and have lived in the subdivision for five years or more.
Commissioner Woods asked if she got the petition certified.
Chairman Deapen explained that testimony gives more weight than the petition.
Commissioner Woods questioned if the lot could be locked at night, would that help.
Ms. Campanell’s reply was no sir. She questioned why they did not purchase other property in the area that was already zoned. Examples she gave were what was the Lincoln Logs and the other end of Miller Road.
Commissioner Woods questioned if the concerns were the lights, safety and traffic.
Commissioner Clayton questioned what type road was Miller Road.
Administrative officer Sweazy explained that it has a 60 feet right of way with 20 feet of pavement. It was the old state highway made into a county road.
Bruce Henry of 440 Whitetail Drive explained there is zoning approved ¼ to ½ mile from the site. All in the neighborhood feel the same way. The county already has three dollar stores. This is not going to grow a store anyway.
Chairman Deapen explained that the church is there and there is also the boat storage on commercial zoning.
Mr. Henry stated he was opposed to the rezoning. He would rather ride to a store and not walk.
Debbie Huff of 20 Briar Hill Road explained that she is across the street. Danny Hilbert her fiance was supposed to speak but got an EMS call. She has only lived here for a year and enjoys it. She thought it will be a hazard there. There is a bus stop by the church. This will hurt people across from it. She now sees a field.
Commissioner Clayton questioned if she will see the sign if sitting on her porch now.
Ms. Huff’s reply was yes. She is the first house.
Randy Bond of 96 White Tail Drive stated that he knows it agrees with the Comprehensive Plan. There is already retail space in the area. He did not think the property has been for sale since he has lived there. The house was vacant when he bought his property in 2011.
Commissioner Clayton questioned if there has been any police issues for the vacant lot.
Mr. Bond believed that recently there have been some squatters in the house. He did not want a retail sales being there. If he had wanted the convenience of it being there, then he would not have moved there.
Attorney Dale swore Dorothy Slack for testimony.
Dorothy Slack of 295 White Tail Drive explained that she moved here in 2006. The house was empty then. She questioned if a red light was going to be put in.
Chairman Deapen explained that the commission could not answer that question, but it would be surprising if they did.
Ms. Slack questioned if they are going to go ahead and put in the store and if the neighbors are wasting their breath.
Chairman Deapen explained that the commission will see if the request meets the rules.
Ms. Slack explained if more traffic is added that it is going to make it bad.
Both Chairman Deapen and Commissioner Woods explained that Planning and Zoning makes recommendations to Fiscal Court.
Mr. Montgomery responded that he is a real estate broker. The property values will not be affected in his opinion. Second, a house being vacant is not good. There were squatters they had to get out of the house before they could close on the property. They met with several owners at that intersection who would not sell to them. As far as a parking lot, there is no way that they can answer if they can get a manager to put a cable across the parking lot. There is a vacant lot there now at the church.
Attorney Dale questioned if the applicant has been to the Department of Transportation for a traffic study.
Mr. Montgomery’s answer was yes. But he did not know what the figures were. He felt the company would not have sent him here if it was not viable.
Attorney Dale wondered what the increase in flow would be.
Chairman Deapen announced the next meeting would be September 7, 2017 at 7:00 pm.
The application of David Madison requesting R-1, residential to B-3, commercial on 2.86 acres located the 5200 block of Chancellorsville Road, Highway 55 N was heard. Administrative officer Sweazy explained that the Comprehensive Plan recommends mix use.
Mr. Madison and Mr.Smith, the buyer, are present.
Willie Smith of Peach Orchard Drive, Fisherville explained that he is the owner of 55 Auto Sales across from the Dollar Store in Elk Creek. He currently wants to buy property. His lease is up and he wants to place his business here.
Administrator Sweazy explained this is between the red light and the Lutheran Church on the right.
Commissioner Mudd questioned if Mr. Smith is currently at Cheeks.
Mr. Smith replied that is correct.
Commissioner Travis questioned if he had talked to the Department of Transportation.
Mr. Smith replied that they say he can have an entrance there.
David Madison explained that there are two preapproved entrances there. There is an encroachment permit that he will have to get.
Administrator Sweazy explained that he had an entrance, but it says it is for a residence. They have not gotten the commercial yet.
Mr. Smith explained that he has an e-mail saying he has approval for a commercial entrance.
Commissioner Woods questioned the number of cars.
Mr. Smith explained that it will not be 200 cars up there. He buys the vehicles with his own cash. The most vehicles maybe 20 cars. There may be a little more at tax time. There will not be a lot of lights. The lights will be on sign.
The commission suggested he present plans and diagrams.
Mr. Smith explained that he has a basic idea where things are to be placed. He will have to measure.
Mr. Madison explained that there is at 125 feet easement from the highway.
Commissioner Faue questioned if he is paving the lot, have grass, etc.
Mr. Smith explained that he has not envisioned the entire process yet. He will spend approximately 10 hours a day there. e HHe would like fHHHHhhhhhhhhhH
He would like for it to be homey and fit in with the church.
The commission requested information regarding lighting, building location on lot, sign location, and landscaping.
Thomas Morsey of 98 Shelbyville Road, an adjoining property owner, stated that he does not have a problem with the request. He would like to see some asphalt on the lot and would like to keep the lighting low.
Commissioner Clayton questioned security.
Mr. Smith explained that he will probably put a long bar to block off the gate entrance. This would be to prevent someone driving up on the lot when it is closed.
General Questions or Discussion:
Administrator Sweazy explained the office was notified that the bridge construction crew for Bowman Lane and West River Road needs somewhere to stay. They have four campers that they set up which are FEMA campers. They have a large tank that sewage goes into. The campers are in Danville now. They have been at the Mill in Bloomfield. By the regulations RVs or campers are to be in parks. The only way they have been allowed for temporary use is with a Conditional Use Permit for fire victums. This is more of a commercial application.
Commissioner Woods felt if this is allowed, the county could/will be stuck with it.
Enforcement Kehne explained that the rules say that you cannot live in a travel trailer.
Administrator Sweazy explained that the request was from August to November while they work on the bridge. They were going to do it tomorrow if they are allowed. Most of the land there lies in thebottoms.
The commission was not comfortable with the idea, if they want to pursue it they need to go to the Board of Adjustments .
Motion was made by Commissioner Travis and seconded by Commissioner Faue to adjourn. Motion carried.
Minutes approved 9/7/17