PLANNING & ZONING
MINUTES OF THE MEETING
TAYLORSVILLE-SPENCER COUNTY JOINT
PLANNING AND ZONING COMMISSION
The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning commission was held June 20, 2019 in the Fiscal Court meeting room, 28 East Main St, Taylorsville, KY.
Chairman Deapen called the meeting to order.
Present were Lowry Brown, Anthony Travis, Dwight Clayton, Gordon Deapen, Marsha Mudd, Paula Wheatley Teddy Noel. Absent Diana Faue. Also present Attorney Dudley Dale, Administrator Julie Sweazy and Enforcement Officer Jan Kehne.
Administrator Sweazy asked if everyone received the minutes because she changed them to a PDF before sending. They acknowledged that they had.
Motion made by Commissioner Travis to approve the minutes, second by Commissioner Noel, discussion none, roll call, all in favor, none opposed, Commissioner Faue absent. Motion carried.
Swearing in performed by Attorney Dale.
Old Business: Permit requirements and fee schedule.
Chairman Deapen stated that he, Julie and Commissioner Faue met about a week ago to discuss what the Commission had agreed to. He had gotten some feed back about raising the cell tower fees. The feeling is that the fee rate is invalid and not enforced. What they suggested is to change the fee rate for the cell tower but not to charge for a building permit.
Chairman Deapen: I would like to entertain a motion.
Motion made by Commissioner Noel to accept the fee schedule as proposed, second Commissioner Wheatley, discussion none, roll call, all in favor, Commissioner Faue absent. Motion carried.
Administrator Sweazy, can we set a date to when the fee rates will go into affect.
Talk among Commissioners and staff with a suggestion of July 1st, 2019.
Chairman Deapen, do we have a motion?
Motion made by Commissioner Noel to set July 1st, 2019 as the date for the fee increase, second by Commissioner Wheatley, discussion, none, roll call, all in favor, Commissioner Faue absent. Motion carried.
Administrator Sweazy: the application of David Young and Billy Joe Smith requesting R-1 residential to B-1 commercial on 0.7715, located at 5598 Mt. Washington Road. Attorney Tichenor is representing
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the applicant. This application was presented at the June 6th meeting and the Board had concerns about sign and ABC regulations. I have included information for the ABC regulations and sign regulations in your packets. Attorney Charlie Tichenor represents the applicants.
Attorney Tichenor, I’m hoping I can eliminate some of Mr. Stones fears. Page 21 (see attached) of the Spencer County Ordinance No. 6, Fiscal Year 2016 series states ideally, no license for quota retail package sales should be issued where the proposed situs of the business is or will be located five hundred (500) feet of a church, school, or daycare facility, as measured by a straight line from the closest wall of the respective structures. Also page 25, of the Spencer County Ordinance No. 6 Fiscal Year 2016 series states no sign, banner, poster or other type of display advertising which refers, either directly or indirectly, to alcohol beverages, shall be displayed on, nor shall it be visible from, the exterior of any premises licensed for the sale of alcoholic beverages, except that reference to such may be included in the name of the business. This restriction shall not prevent any license from placing in the window of the licensed premises business price cards not larger than 2 ½ inches in size, setting forth the price at which he offers alcoholic beverages for sale. No flashing signs or rotating signs outside. No beer signs outside.
Chairman Deapen: any questions for council
Commissioner Brown to Mr. Stone: would you be all right with this?
Mr. Stone: well I’ll just have to, but I’m going to see how far the church is from the store.
Chairman Deapen: any one else to speak?
Administrator Sweazy left the building to check the distance on pictometry.
Enforcement Officer Kehne: yes Mr. Allgeier
Chairman Deapen: Please approach the podium and state your name and address.
Mr. Allgeier approached the podium and stated that he is Martin Allgeier and lives at 3687 Kings Church Rd. I am looking at buying this for a car lot and possibly finishing an apartment inside of the building, if feasible.
Attorney Dale: I believe you might need to check B-1 zoning because I believe you will need to go to B-3 zoning.
Enforcement Officer Kehne: read from the zoning regulations that this zoning would not permit a car lot.
Administrator Sweazy returned to the meeting and confirmed it would have to be zoned B-3 for new or used cars.
Mr. Allgeier: asked if this is something he could come back and rezone. The commission said yes.
Attorney Tichenor: my client does not have a contract with anyone and he is asking for B-1.
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Administrator Sweazy looked at pictometry and was able to tell the commission that the building is only one hundred seventy-five (175) to two hundred (200) feet from the church.
Commissioner Clayton: sanitary sewers?
Commissioner Travis: septic system
Chairman Deapen: I would entertain a motion.
Commissioner Clayton: I would like to make a motion to accept this zoning application of David Young and Billy Joe Smith by changing the current zoning from R-2 Residential to B-1 Commercial based on the original fact that the original Comprehensive Plan and Land Use Maps did not include this property that was being used as a commercial application and it extended well beyond the “grandfathering”. We believe the owners request would be within our Comprehensive Plan that it should have been included at that time to make it a B-1 Commercial zone.
Attorney Dale: you might want to clarify what type of store.
Commissioner Clayton: It was a convenience store at that time and has never been used for anything else and that it would be within the Comprehensive Plan as a convenience store. I believe we had one person questioning the zoning application and I feel we answered those questions.
Chairman Deapen: I have a motion do I hear a second, Second by Commissioner Travis, roll call, all aye with Commissioner Faue absent. Motion carried.
Administrator Sweazy: the next applicant is Stan Bockting Jr, requesting AG-1 agricultural to Ag-2, Agricultural on 8.158 acres located at 3555 Hardesty Ridge Rd. The Comprehensive Plan recommends low to medium density residential. The primary reason for this is Mr. Bockting and his neighbor swapped some property to give the adjoining property owner a driveway, not an easement. I also want to give you an aerial view of the property so you can better understand what we are talking about. Attorney Tichenor is here representing Mr. Bockting.
Attorney Tichenor: this is a clean up of a right-of-way issue on Hardesty Ridge Rd and a common use driveway. Mr. Bockting does not have 10 acres so he needed to rezone.
Attorney Tichenor approached Commissioner Clayton to answer a questions about the plat.
Chairman Deapen are there any further questions? None.
Chairman Deapen: anyone signed up to speak:
Administrator Sweazy: No one is signed up to speak
Commissioner Travis: I would like to suspend our normal procedure and proceed with taking action this evening. Second by Commissioner Noel.
Chairman Deapen: any questions?
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Commissioner Clayton: 8.15 acres, what property is being exchanged? Attorney Tichenor showed Commissioner Clayton what land had been swapped on the plat. Explaining the property surrounding it is where the property was swapped out to square up the Bockting property.
Chairman Deapen: any other questions? None. Roll call, all aye, none opposed, Commissioner Faue absent.
Chairman Deapen: I will entertain a motion:
Commissioner Mudd: I make a motion to approve the zone change of Stan J. Bockting, Jr. to Ag-1 Agricultural to Ag-2 Agricultural of 3555 Hardesty Ridge Rd, having 8.158 acres. The current Land Use Map recommends low to medium density residential and that is in compliance with the Comprehensive Plan and there is no one here to speak against it, Second Commissioner Brown, roll call, all in favor, with Commissioner Faue absent. Motion carried.
Commissioner Travis: I need to recuse myself from this next application. Mr. Travis left the table.
Administrator Sweazy: our next applicant is Veech Farm Properties, LLC, requesting B-2 Commercial to I-1 Industrial, on 2.03 acres being Lot 14 of the Taylorsville Business Park on Progressive Drive.
Attorney Tichenor is representing the applicant.
Attorney Tichenor: Charlie Tichenor for applicant, Veech Farm Properties, has a very good opportunity to sell this to a company that manufactures commercial dryers. From what I was told this is not like the dryer you have in your home, it’s sixty feet long, for commercial drying. The buyer likes the lot and would like to start construction within thirty days of getting zoning approved. This is the exact situation we were in, when you rezoned the lot next to it. This application meets the Comprehensive Plan. There is industrial property on two sides and there is a machine shop at the end of the road. We are asking that it be rezoned to Industrial. No restrictions are being changed, they are staying the same. Were not changing the lot lines. We are just asking for the zoning to be changed to Industrial and we can bring some jobs into the county.
Chairman Deapen looking at the plat asked what lots are industrial? Green is Industrial and red is B-2.
Administrator Sweazy: look at the zoning map in your packet.
Attorney Tichenor: as you can see industrial is on two sides of the property currently.
Chairman Deapen: any other questions? None, has anyone signed up to speak?
Administrator Sweazy: no one.
Commissioner Wheatley: how big of a company?
Attorney Tichenor: I represent the seller, the proposed buyer is here this evening, if you would want to ask him.
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Gary Brooks approached the podium, introducing myself, Gary Brooks, 218 Fox Lair Blvd, a resident of Spencer County since 1989.
Attorney Dale: I believe you need to be sworn in, Attorney Dale administrated the oath.
Mr. Brooks, I have been in the industrial service business, running the business from my mini farm and not performed any manufacturing, farming out the manufacturing. But the need has grown and I want to get into the manufacturing business.. The dryers are eight (8) to ten (10) feet in diameter, thirty (30)to seventy (70) feet in length, they are for agricultural, grain, industrial, rotary dryers.
Commissioner Clayton: any hazardous materials?
Mr. Brooks: basically just a simple fabrication shop, like a silo laying on its side.
Commissioner Clayton: a building size you are proposing?
Mr. Brooks: yes, no a guess.. forty (40) feet by sixty (60) feet, until I have an engineer to do some civil work, I won’t know the size until that is completed.
Commissioner Clayton: reviewing I-1 regulations for parking, setback and boarding residential property, do we enforce those regulations?
Chairman Deapen: each zone has different regulations and yes, we enforce the regulations.
Administrator Sweazy: yes it does back up to a residence on the Carrithers Farm, beyond that is the campground.
Attorney Tichenor: but it doesn’t touch the campground.
Administrator Sweazy: it does the Tinsley property that is off Carrithers Lane.
Commissioner Clayton: questioning the size of the lot?
Mr. Brooks: we plan to tier the property for parking, building and manufacturing.
Commissioner Clayton: is that sanitary sewers?
Attorney Tichenor: yes, it has sanitary sewers, water, three phase electric and it is in the city approved roads.
Commissioner Clayton: is the road concrete?
Attorney Tichenor: it is asphalt (motioning several feet thick) with a base. I haven’t heard of any problems with the road since the city took the roads over.
Commissioner Brown: Mr. Chairman, I make a motion to do this tonight.
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Chairman Deapen: a motion has been made to suspend our normal procedures, do I hear a second,
Commissioner Noel, second, discussion none, roll call, all in favor, Commissioner Faue absent.
Commissioner Travis recused himself. Motion approved.
Chairman Deapen: I entertain a motion of this application.
Commissioner Clayton: I move that we approve the zoning request for Veech Farm Properties, LLC, requesting B-2 Commercial to I-1, Industrial on 2.03 acres, known as Lot 14 of the Taylorsville Business Park, on Progressive Drive. Noting that no one has complained or is in disagreement with this request. It is in compliance with the Comprehensive Plan and is surrounded by like wise industrial property. Second by Commissioner Wheatley, roll call, all in favor, Commissioner Faue absent, Commissioner Travis recused. Motion carried.
Commissioner Travis reentered the meeting.
Commissioner Travis, motion to adjourn, second Commissioner Noel, meeting adjourned.
Administrator Sweazy: the next meeting will be July 18th, there will not be a meeting the first week of July because the 4th is on the first Thursday.