PLANNING & ZONING
MINUTES OF THE MEETING
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION
The regular meeting of the Taylorsville-Spencer County Planning and Zoning Commission was held October 3, 2019, in the Fiscal Court meeting room, located at 28 East Main St, Taylorsville, KY.
Chairman Deapen called the meeting to order.
Present were Dwight Clayton, Anthony Travis, Teddy Noel, Gordon Deapen, Diana Faue and Lowery Brown. Absent Marsha Mudd and Paula Wheatley.
Chairmen Deapen: everyone has the September 19th, 2019 minutes before you. Please review the minutes and I will entertain a motion.
Commissioner Travis made a motion to approve the minutes as amended, second Commissioner Noel, roll call, all in favor, motion carried.
Chairman Deapen: Committee reports?
Administrator Sweazy: None.
Attorney Dale: asked anyone who is here to speak to the Commission, please stand and raise your right hand and he administered the oath.
Chairman Deapen: at this time I’m going to make a general statement that our Bylaws give you three minutes to give your testimony, if you start to repeat yourself or give the same information I will cut you. I ask that you respect us and we will respect you. Remember when it is all said and done, we are all neighbors.
Robert Smith from the audience: does that mean that I will only have three minutes?
Chairman Deapen: you are not on the agenda.
Mr. Smith: you invited me two different times.
Chairman Deapen: why don’t you sit down and when we get to questions and discussion we will talk to you about that.
Chairman Deapen: any old business?
Administrator Sweazy: the application of Kyle Martin and SC Development, requesting Ag-1 to B-2 Commercial on 1.60 acres located in the 5300 block of Mt. Washington Rd. At the meeting they were asked to contact the highway department and division of water. The applicant has requested additional time to prepare the information that has been requested. They have applied to the Division of Water and the Transportation Department and this paper work will take more than thirty (30) days. They have sent a request for additional time. I will re-run the advertisement in the paper and notify adjoining property owners.
Chairman Deapen: any new business?
Administrator Sweazy: the application of Johnny A. Norton and Stephanie Young, requesting R-1 residential to AG-2, agricultural on 5.0 acres located at 930 Lakeview Drive. This tract was part of a larger R-1 residential tract zoned in 1975. The house on the property burnt and the current owner is asking to place a manufactured home on the property. In your packer you have a plot drawing from a meets and bounds description for zoning purposes only. Also you have a zoning map and aerial photo of the property.
Stephanie Young: approached the podium stating her name is Stephanie Young and that she lives at 140 Woodlawn Drive, Taylorsville, KY. There was a home on the property that burnt down. They are planning on setting a five bedroom double wide on the property. She is not sure if it will be placed on the front or back of the property.
Chairman Deapen: questions from the commission?
Administrator Sweazy: one thing I want to point out when you see the aerial photo in the front of the property that is free and clear and where the house set. You can also see the utility line that runs across the front. There is a pretty good easement for that utility line. I’m not sure by the time you meet your set back and with the size of the home they are purchasing that it would fit in the front, it might have to go in the back of the property.
Chairman Deapen: so the gray area in the photo shows where the house did sit?
Administrator Sweazy: let me show you this aerial photo of where the original house was located before it burnt. (showing the photo to commission and Ms. Young). I did call the utility company and they said there is a twenty (20) foot electrical easement and there is a thirty (30) foot right of way easement.
Commissioner Clayton: Surrounding property zoned R-1?
Administrator Sweazy: yes, it was zoned in 1975.
Commissioner Brown: what kind of building is on the adjoining property?
Ms. Young: there are two A-frame style homes on the left hand side, a built home on the other side with a board fence and across the street a modular
Administrator Sweazy: I want to clarify, Ms. Young is placing a modular home on the property, a mobile home is anything predating 1976.
From the audience...full home built on the side. Lots of talking.
Commissioner Deapen: any questions from the commission? (none) we might have you come back up later, we have several people here to speak on this application. Julie please call the first person to speak. anyone signed up to speak?
Administrator Sweazy called Kathleen Riney.
Ms. Riney: my name is Kathleen Riney, I live at 974 Lakeview Dr. (Ms. Riney located her house on Lakeview Dr. for Chairman Deapen) My house is located at the end of the road. I have a finished basement with a three thousand (3,000) square foot log home with a garage. It is zoned R-1. I oppose the re-zoning from R-1 to Ag-2. We moved to Bloomfield for the rural beauty, rolling trails and lake houses. When we moved here we had to bring in gravel, bring in water. We now have some great changes, a paved road and city water. As a result it has attracted more people to move into the area. It is important that each resident know their zoning laws and that they are enforced. Ag-2 opens opens up this property which is not consistent with the uses in this area. I truly agree that trailers lined up and down the street and abandoned cars it would hurt the property values. The R-1 zoning was established for a reason. This property is close to where Lake View Drive dead ends. People are constantly turning around in my driveway. This would open it up to more congestion. We don’t want to change the character of the property that is what makes the area so special nor do we want to hurt our property values. I ask you to hold up the R-1 zoning which was established for a reason. If the zoning is changed there is no going back and nothing we can do. We are only asking that you adhere to the zoning law and restrictions and our neighbors do too. We welcome new neighbors and hope they understand our concern.
Chairman Deapen: any questions? (none)
Administrator Sweazy: next is Barbara Munson
Ms. Munson: from the audience, I have my attorney here to speak for me. Mr. Mercer (from the audience) I will be taking Ms. Munson (Barbara Munson) and my wife’s (Barbara Mercer’s) time to speak. I had signed up to speak and thought I would take more than three minutes so they gave me their time.
Mr. Mercer: approached the podium and stated his name and that he resides at 940 Lakeview Drive. My wife and I have lived there 32 plus years. Mr. Mercer showed Chairman Deapen where his home is on the map. I want to repeat something Kathy said. We get along with our neighbors and I’m sure we will get along with the new owner. But they brought this up and people do sell property and if they sell the new owners might do something else and that is why we are here. I want to read from your planning and zoning regulations for A-2 Agricultural Zone is intended to: 1) conserve agricultural lands for continued farm use. There is no conservation of farm land. This land hasn’t been farmed since the 1940s. 2) allow low density, low impact residential development in rural areas that is compatible with agricultural operations. They haven’t existed sine the 40’s or since R-1 was established in 75. 3) preserve the natural beauty and open space character of the Spencer County rural countryside, none of us will disagree with that. You don’t have to change the zoning to preserve that. 4) protect the public health, safety and welfare from hazardous and / or unsafe waste so on...they cold possibly have to put a lagoon for wastewater, utilities and septic are available where the house burnt. The septic system will have to be inspected. The smell from farm animals. I don’t think from what Ms. Young said they don’t intend to bring farm animals in but they could sell and the next person might. Next Uses permitted…
Chairman Deapen: these things are of record. We are familiar and we will go through the regulations.
Mr. Mercer: so uses permitted in R-1, single family residential is one single family dwelling of site built construction per tract, not modular or manufactured housing. If you google modular home problems, they point out among various problems, that it includes lowering home value in the neighborhood. A big concern for us. Uses permitted in 1-B agricultural uses including one principal farm dwelling and storage of farm products. Now that is a matter of a drafting problem or poor wording. Lawyers argue over wording like that. This is arguable allowing a second dwelling which is a farm dwelling, which is not defined in your definitions. An attorney could argue that a second dwelling could be added if the zoning is changed.
Commissioner Clayton: are you concerned about a second dwelling on that property?
Mr. Mercer: yes, the zoning would allow that. The next item letter C, roadside stand for sale of agricultural products produced on the premises, a truck garden would be permitted wither or not that is their intent, but that is what you as commissioners need to look at, then D, for both R-1 and A-1 allow churches, parish halls… there are five (5) houses on the east side. We have let a modular home slip in on the west side and it was against your zoning regulations, he has become a friend of ours, and we have looked the other way, but what we are concerned about is the more expensive properties are on the east side over looking the lake. Something that distinguishes them from the side where the modular is located is the set back of about seventy-five yards from the main road to where the homes sit. These are high fair market value homes.
Chairman Deapen: you are at nine minutes.
Mr. Mercer: that good, I’m about finished, one last remark, we ask you to keep the character of the neighborhood. I can’t afford to live in Cherokee Park area and I wouldn’t ask them to change it so I could.
Commissioner Clayton: could you rank the your top two concerns?
Mr. Mercer: 1. Modular vs. stick built, 2. possible second dwelling, 3. truck roadside farm stand
Chairman Deapen: any other questions from the commission?
Administrator Sweazy: next is Bob Davis.
Mr. Davis, I live at 762 Lakeview Dr. I am one of the original owners and have property the longest and I am the tallest. (showed where his home is located to the commission) I have 20 acres total.
Commissioner Faue: you have four (4) lots?
Mr. Davis: my main concern is set backs and easements. I called the electric company along with Julie, I was told there is a fifteen (15) foot for the right of way, sixty (60) foot set back, along with a thirty (30) foot utility easement, totaling one hundred and five (105) ft. I have been mowing the property to make the neighborhood look nice. I didn’t know anyone had bought the property. My concern is them keeping up the property. The set backs do not allow any room to put a home there, next concern is a lagoon. I have one across the street and it smells to high heaven. I don’t want that out there. Deed restrictions...states no trailers. Ag-2 will open up another can of worms on down the road. I want to pass this property on to my son, daughter and five grandchildren. I have cleaned five (5) to six (6) loads of trash and there is still more trash there. I haven’t seen any movement and they have owned it for awhile and the trash is still there.
Commissioner Clayton: your property is R-1 and you have deed restrictions?
Administrator Sweazy: restrictions were left off the deeds after the 1970’s, no plat only meets and bounds descriptions. I had to run a title search to find the restrictions. Homes have to be a minimum of one thousand (1,000) sq ft. Nothing states that they can’t change the zoning.
Chairman Deapen: I believe the restrictions should be entered into the minutes.
RESTRICTIONS: Exhibit “A”
Commissioner Clayton: you can’t have trailers?
Attorney Dale: Trailer after 1976, was defined as a single wide, then double wide, then modular.
Administrator Sweazy: these restrictions are for this property.
Commissioner Clayton: talking trailer vs modular, are we talking apples to apples?
Attorney Dale: as far as trailers in 76 they were talking with flat roofs, there wasn’t modular, what the intent is, what is the structure. Do you have a photo of what you are going to purchase?
Ms. Young: I have a photo on my phone. We weren’t going to buy anything until we knew we could. We have no intention of putting farm animals on the property, we wanted to do a pole barn type home, but not to put cows or chickens in, but it was too expensive, we couldn’t afford a brick home.
Commissioner Travis: Julie or Dudley..either one, if you have R-1 you can have one (1) animal per acre.
Administrator Sweazy: right, one chicken, one pig up to five
Chairman Deapen: we need to get a copy of the restrictions and we will agree to meet again in two weeks.
Commissioner Faue: why did we go AG-2 vs R-3? (to Julie)
Administrator Sweazy: I suggested A-2 because of the five (5) acres, R-3 opens up to trailers, unless they would put a Binding Element on the property, like running a road side stand, but like Commissioner Travis said you could still have five (5) animals.
Commissioner Clayton: Binding Elements...it runs with the property..it sounds like Ms. Young would agree to Binding Elements.
Chairman Deapen: we would like to see documentation of what you are planning on purchasing.
Commissioner Clayton: two neighbors have concerns that they can place two homes on the property.
Mr. Mercer: restrictions sound like a compromise, I can’t speak for my neighbors. Binding Elements stay with the property. They would like to think about it.
Chairman Deapen: we can incorporate the restrictions to make everyone happy. Major concern – front of the property
Commissioner Faue: will this be on a permanent foundation?
Ms. Young: if that is what we will need to do.
Chairman Deapen: we will probably need to incorporate the restrictions. Can the home be placed back where the previous home was located on a permanent foundation. There are several unanswered questions, I believe it will be best to come back to the meting on the 17th of October. Please bring a photo or information regarding the type of home you are planning on purchasing.
Administrator Sweazy: Application for Red One Properties LLC, requesting to amend the building set back line of lots 33 – 40 located in Top Flight Subdivision on Clubhouse Court. Mr. Stark is here representing Red One Properties. I’m not sure why the variable set back line, it doesn’t make a lot of sense. If you recall, we did something very similar to this on another property in Top Flight where the set back lines went way up into the yards. These lots are on sewers not septic.
Bart Stark: approached the podium, stating his name and he resides at 3452 Elk Creek Rd.
Commissioner Travis: only set back?
Mr. Stark: yes, we are doing this in phases as we build the infrastructure.
Commissioner Travis: lots 33 – 40
Commissioner Clayton: we are doing this as an amended plat?
Attorney Dale: it is in your bylaws to amend plats.
Commissioner: any neighbors here to speak?
Administrator Sweazy: none
Chairman Deapen: any further questions? (none) I will entertain a motion.
Chairman Faue: on item number two (2) on the docket, I will make a motion to approve the application of Red One Properties LLC, for plat approval only, to amend lots 33- 40 set back lines, located in Top Flight Landing to establish a thirty (30) building set back, no one is here to speak against it. Second Lowery Brown, discussion none, roll call, all in favor, notion carried.
Administrator Sweazy, the last application is for Susan and Tom Watson, requesting Ag-1 to R-1 Residential on 2.43 acres located at 5225 Little Union Rd. The comprehensive plan states medium density residential for the area, a plot plan from the calls on the prior deed. This property is being brought into compliance.
Ms. Watson approached the podium and identified herself as Susan Watson, residing at 5225 Little Union Rd
Commissioner Clayton: property next to it zoned residential.
Administrator Sweazy: yes it is.
Chairman Deapen: has anyone signed up to speak?
Administrator Sweazy: no one.
Commissioner Travis: I make a motion to suspend our normal proceedings and take action on this matter tonight. Second Commissioner Brown, discussion, none, roll call, all in favor, motion carried.
Chairman Deapen: do I hear a motion?
Commissioner Faue: I make a motion to approve the zoning request from Ag-1 to R-1 residential on 2.43 acres, located on Little Union Rd. Comprehensive Plan recommends medium density residential, it will be in compliance with the Comprehensive Plan and no one is here to speak against it. Second by Commissioner Noel, discussion?
Commissioner Clayton: the 2.43 acres will this remain a single family lot? I assume the set back lines and electrical meet the requirements.
Administrator Sweazy: yes per our regulations. This is drawn off a meets and bound descriptions for a development plan. I called Salt River Electric and the gentleman said the vast majority of our easements are not recorded here in Spencer County.
Commissioner Travis: if you see a power line somebody has given permission to have the line their.
Commissioner Clayton: plenty of road frontage?
Administrator Sweazy: yes
Chairman Deapen: we have a motion and a second. Julie roll call?
Administrator Sweazy: performed the roll call, all in favor, none opposed, discussion none, motion carried.
Chairman Deapen: General Questions and Discussions.
Administrator Sweazy: Mr. Vince Mattingly has asked to be placed on the docket and he had to have a medical procedure performed on him today. So he will not be able to be here. We will place him on the agenda for the meeting on October 17th.
Chairman Deapen: Mr. Smith why don’t you come up and talk to us. I know you said you were invited to come, but in the future please call the office and get on the docket.
Mr. Smith from the audience, I can’t hear. w what did you just say?
Chairman Deapen: In the future make a phone call so we can have you on the agenda and we wont have any confusion. Now go ahead and talk to us about what you wanted to talk to us about.
Mr. Smith: I want to talk to you about Co-op ownership and co op ownership is a form of ownership anybody can have it and it doesn’t mess with the rules and regulations of Planning and Zoning. Could be easily handles but the number one rule the main reason we are here, the man who up here that read Ag-1. The charge of this commission has the number one charge is to preserve agricultural land for farm use. To my knowledge no one has come up with an idea to conserve farm land. Come up with a lot of stuff to stop things but, we don’t have any ideas to create something to help, so what I’m saying is did you get a chance to look at what..
Chairman Deapen: yes we did and we looked at Planning and Zoning regulations …
Mr. Smith: that’s okay, I don’t want to take up all of your time, but if you studied it and you understand the principal farm land, you set ten (10) acres from a one hundred (100) acre farm aside a build houses for people for co-ownership of the property together. This community or the county is going to move forward or I’m going to know why. That is the mission.
Chairman Deapen: I looked at what you sent and read page 89, Section 1400. I can’t say I agree with you that we don’t already have a provision for what you are proposing. We could work with a plan.
Commissioner Travis: it’s similar, not the same thing, but similar.
Mr. Smith: I said we have something that will work, but it needs to be re-worded.
Chairman Deapen: I’m not sure I agree, it gives you quite deal of latitude, if you look at the first few paragraphs, but it ask for a plan. If I saw a plan, then I might be able to say okay, this works under this section here, but we might do some stuff over here. Do you understand what I’,m saying?
Mr. Smith: no
Chairman Deapen: I don’t think it’s the commissions unwilling to work with it, I think we have never been handed a plan to work with. I’m not sure we wouldn’t be interested in the challenge.
Mr. Smith: you should be.
Chairman Deapen: we might be viciously agree.
Mr. Smith: it doesn’t matter, how long are you going to wait?
Chairman Deapen: I’m going to wait until I have a plan, somebody is going to have to stand at the podium and say this is what I’m going to do. It’s under this section right here. What king of change do I have to make that happen. It’s not incumbent of this commission or appropriate for us to develop a plan. It is for use to administer, regulate and approve a plan based on the request.
Commissioner Clayton: in other words, you have the full right as a land owner to bring a plan for your own property. You can’t for someone else property, because you don’t control their property. Gordon and I full heartily agree to look at that. I have been part of this type of application in another counties. They squeezed them on a ridge top and preserved the wooded land surrounding them not farm land.
Chairman Deapen: places like this are being done all over the place..New York City.
Mr. Smith: you don’t have the provisions.
Chairman Deapen: we have the provisions..I’m being very careful with my words..It’s possible someone is going to put a plan in front of me and I’m going to have to say it doesn’t go with the provisions. This in vision (pointing to regulations) somebody putting a plan together and the commission working that idea with that person.
Chairman Clayton: Mr. Smith we respect your idea and we are open to reviewing anyone's plan regarding the type of development plan that you are talking about.
Chairman Deapen: what you didn’t say that the last time, you said some things about some people need a leg up and this could be used as an opportunity for people to get ownership and I agree by using some community aspect of it, they can take advantage of the communal activity that they can do on their own. Some of the material presented to us, which I read every page of it, meets our provisions.
Commissioner Travis: this isn’t something new Bobby. This perception has been going on how long Dudley?
Attorney Dale: originally around 74, that version was Cluster Development.
Attorney Travis: KIPDA presented something to the county in 74.
Mr. Smith: if I bring you a buyer and a seller, you won’t..
Chairman Deapen: if you present a plan for a PUD, then we will look at it. We have been responsive to what you requested. I made you an offer either you go with it or you don’t.
Mr. Smith: I’m going with it, Julie will you make a copy of this meeting, I’m going to fire..what you did tonight, you broke every fair housing rule every time you opened your mouth. Fair Housing would ruin me if I ever violated the Fair Housing rules. I’m sorry I’m upset and I can’t talk..
Chairman Deapen: I don; t know why you are so upset..we made a provision so you wouldn’t be upset.
Mr. Smith: you are putting it back on me to change...you all are the one that made these regulations and you want me to change them.
Chairman Deapen: no, we don’t.
Mr. Smith: I’ll help you, but I can’t change them. You have already...
Motion to adjourn: Commissioner Travis made a motion to adjourn, second Commissioner Noel, all in favor.