The regular meeting of the Taylorsville-Spencer County Joint Planning and Zoning Commission was held December 19, 2019, in the Fiscal Court meeting room. Located at 28 East Main St., Taylorsville.
Chairman Deapen called the meeting to order.
Present were Paula Wheatley, Dwight Clayton, Gordon Deapen, Teddy Noel, Anthony Travis and Marsha Mudd. Diana Faue was absent.
Chairman Deapen: asked the Commission to review the November 21, 2019 minutes and he would entertain a motion. Mrs. Wheatley made a motion to approve the minutes, Mr. Noel second, discussion, none, all in favor, motion carried.
Chairman Deapen: any committee reports?
Administrator Sweazy: none.
Administrator Sweazy: administered the oath of testimony.
Chairman Deapen: Old Business
Administrator Sweazy: we have the application of Kyle Martin and SC Development, LLC, requesting AG-1 agricultural to B-2 commercial on 1.60 acres located in the 5300 block of Mt. Washington Road, across from Waterford Park. At the September 5th meeting the Commission asked the applicant to bring documentation for approval from the Kentucky Department of Transportation and Stream Construction Permit from the Department for Environmental Protection. You will find in your binder copies from both government agencies. John Baker is here for SC Development.
Mr. Baker approached the podium: a Land Use Attorney representing SC Development, located at 500 W. Jefferson St. Suite 2800, Louisville, KY 40202. We have returned to the Commission with the additional information that was requested. I am joined by Brandi Zachery, and she can explain in detail any conversation with the Department of Water or DOT. We did get approval for both the DOW and DOT. It was acknowledged that this application was in compliance with the Comprehensive Plan. No real option for retail on 44, perfect location because of park and commuters. By 2020 78% of the labor workforce will commute daily from Spencer County. This store will help absorb money into Spencer County. I would like to have Brandi come explain about the impact of the water.
Ms. Zackery: Arnold Consulting Engineering, located 1136 South Park Dr, Bowling Green KY, you now have a complete set of drawing with utilities, site plan, lighting, drainage, KYTC shifted our entrance a little to align it directly with the entrance to the park.
Administrator Sweazy: you have everything that was submitted to staff in your binder.
Ms. Zachery: an interesting thing happened. When we submitted the Division of Water, they responded that a the property would not require a flood plain permit. We could have accepted this and run with it, but we did not agree. The field is typically not in the flood plain. The FEMA Map does not show it in the flood plain. But it does establish a flood elevation, and after doing the topo survey, the entire area where the store is going to sit will be below that base line elevation. After several phone calls and getting the surveyor on the phone with them, they did agree that we were right. We resubmitted and they did issue the Flood Plain Permit. Also we did contact Justin Jump with the local Health Department and he says it did not matter if the septic was in the Flood Plain. (handed out emails from Justin.) he will require a curtain drain, but has not issued a final permit and as requested I did include an over all exhibit in relationship with the balance of the Martin property.
Commissioner Travis: is the water main an issue?
Ms. Zachery: no, the water line is not in the way, the building will set further back. We met with Harold Compton and he said it is in the right of way.
Commissioner Clayton: you are catching water to an underground stone basin?
Ms. Zachery: similar to pervious pavement
Commissioner Clayton: How deep?
Ms. Zachery: forty- two inches #2
Commissioner Clayton: catch and slowly filter out.
Commissioner Clayton: new guardrail?
Ms. Zachery: they wanted us to shift to not move the guardrail.
Commissioner Clayton: safe driving distance? Fifty five miles an hour, did they evaluate?
Ms. Zachery: District 5..they came out and issued a permit. This entrance is a commercial entrance. Any other questions?
Commissioner Clayton: thank you, you have answered our questions, but I have a few questions. Justin Jump is with the Health Department, and the Health Department does allow the septic system to be in a flood plain?
Discussion about curtain drain system and pervious pavement and water storage. All details are on the work sheet that you have.
Commissioner Clayton: The Kentucky Division of Transportation has issued your entrance permit, but have you looked at your AASHTO, for distance. You are pushing the limits.
Ms. Zachery: If you are sitting at the Dollar General Store you can see a little better up the hill to the east than you can to the west.
Commissioner Clayton: not that I’m going to request this, but if I had my wish list I would prefer a turn lane.
Ms. Zachery: that would be something KYDOT would have to approve.
Commissioner Clayton introduced the AASHTO chart for reference stating that the road does meet the standards of sight distance required by the highway department. The KYDOT department has approved your entrance. He isn’t happy but it meets the requirements. Stating that he is going to call the state highway department and ask them, have given them this permit and what are you going to do to ensure the safety of the people driving on the highway?
Much talking among the board.
Commissioner Clayton: you have your approval from the Health Department, I don’t agree with that but you will be allowed to place the septic in the flood plain.
Commissioner Wheatley: I have a question about the flood plain. You will have pervious pavement, gravel and fabric?
Ms. Zachery: we won’t have pervious pavement, the basin will be gravel and fabric.
Commissioner Wheatley: those capillaries fill up.
Ms. Zachery: typically you have inspections on the system once a year and submit something to make sure everything is functioning correctly. The complete parking lot is concrete.
Commissioner Clayton: lets talk about signage. It looks like the sign is a pole sign..
Ms. Zachery: typically the sign company will purchase the permit for the sign, it will probably have to be moved to the opposite side because of a utility pole.
Commissioner Clayton: the SL1 shows an LED light
Ms. Zachery: that is correct...if you look at the schedule it will show the foot candle at the end of the property will be at “0” at the roadway.
Administrator Sweazy: I have printed photos of the signage at the different Dollar General Stores (passed photos to Commission) In the past the commission discussed what sign would be approved.
Commissioner Mudd: the one at the high school is a marque?
Commissioner Noel: no, it’s tall
Chairman Deapen: any other questions?
Commissioner Clayton: I know several of the neighbors have brought up the question concerning the flooding. I want to point out the impact storm water to the creek on your sheet C3, shows the flow rate pre-developed going through the field in a 100 year flood plain at 2.8 cubic feet per second and they have slowed the water down to 2.009 with the catch basin and slowly trickle the water out to the creek. You can’t stop the creek coming to you, but they have made every effort to keep the water coming from the property.
Ms. Zachery: the KYDOW does an extensive review to the creek and around the creek.
Chairman Deapen: Julie please call the first person who has signed up to speak.
Administrator Sweazy: Theresa Pulliam
Ms. Pulliam: lives at 15 Plum Creek Rd, moved from Jefferson County to get away from commercial. (Commission asked that she show on the map where she lives) Main concern is the traffic, semi’s that come from the Mt. Washington way (west). Has a study been done concerning the safety of the children? We sit up on a hill and watch the water rise and the park has flooded in the past. The signage, the bright lights, we oppose this!
General discussion regarding how much the park was used, would signage to slow down traffic work, parking in the fields, safety of the children.
Commissioner Mudd: talking to Ms. Zachery, would the lights dim at a certain time of the day?
Ms. Zachery: typically, the security light is on a photo cell, it goes off when it gets light and back on when it gets dark, the other lights are on a timer. The only other sign that are requested thru KYDOT would be stop sign, no left turn type of thing, I do know you get better results if the request for road signs come from the local government, I will reach out to them, but you will need to follow up.
Administrator Sweazy: Pam McClain
Ms. McClain: lives at 101 Waterford Loop, (showed commission where her house was located) you have already addressed the flooding issue, you can’t change my mind about that, the issue of safety, here is an article from the Pioneer News (article given to commission) regarding two incidents and one resulting a death. Put in a basin to see if it will work? There is more to the environmental impact, where they are putting in the septic system, it is next to a fresh water stream and it needs to be protected.
Commissioner Clayton: I am going to reach out because that bothers me. Water being on the ground and septic system underground it concerns me. The detention area counteracts what they are filling in.
Ms. McClain: if it works!
Commissioner Clayton: this is all based on a scientific study. Honestly if the water gets up that high you are flooded anyway. I think we need to the Highway Department to make your entrance better.
Administrator Sweazy: Linda Greenwell. Ms. Sweazy administered the oath of testimony to Ms. Greenwell.
Linda Greenwell: 25 Waterford Loop, neither for or against. Speeding is a problem, I don’t care which road you are on, question for Mr. Travis, I use to own the Pumpkin Patch on Highway 44, and I was told you couldn’t have commercial between Taylorsville and Mt. Washington because of the Master Plan, I had to stay with a Conditional Use, how is this getting zoned? Commissioner Travis deflected the question to Administrator Sweazy who explained this was in compliance with the Comprehensive Plan and that the Comprehensive Plan is reviewed and updated every five years. Ms. Greenwell, abruptly left the podium.
Administrator Sweazy: Mary Limke. Ms. Sweazy administered the oath of testimony.
Mrs. Limpke: 1860 Plum Creek Rd, lives two miles down Plum Creek Rd. I have a couple of questions. I am in that park every single day. The only time they are not there is from November 1st to March 1st. ...they can’t park in the grass anymore, so there is reduced parking, will they park at the Dollar General and walk across the street? Large trucks speed through here and pulling out of the parking lot is dangerous. I have watched the creek flood the park in the past and they had to re-do the playground. Not against it, just a concern for safety.
Chairman Deapen: any other questions?
Commissioner Clayton: They have addressed the issues that we asked them to address. The flood plain, site issue and septic issue. They have jumped through every hoop. We rule on the guidelines that are here. (From the audience Mrs. Greenwell wanting to ask a question)
Chairman Deapen: come to the podium
Ms. Linda Greenwell: We the tax payers will have to pay out the money for a new turn lane, why not make them pay for it? The Dollar General should be footing the bill.
Commissioner Clayton: I don’t think the 25 -28 parking spaces is going to require Dollar General to build a turn lane.
Chairman Deapen: They have complied. The regulations are what we go by...we don’t void the request to get what you want. We all have specific feelings but what we go by are the regulations at hand.
Commissioner Clayton; this is our second meeting. The KYDOT, Health Department, DOT have approved the requirements.
Chairman Deapen: I would entertain a motion, this is the second meeting.
Commissioner Clayton: I make a motion to recommend to rezone the application of Kyle Martin and SC Development, LLC, requesting change from AG-1, agricultural to B-2, commercial on 1.60 acres located in the 5300 block of Mt. Washington Rd, Hwy 44. Based on the finding of facts the recommended Land Use Map in the Comprehensive Plan recommends Low Density Residential, the change would be in compliance of the Comprehensive Plan. They have addressed the requirements of the Kentucky Transportation Cabinet and have proof of that, Kentucky Division of Water and they have proof of that and the Spencer County Health Department for the septic in the Flood Plain and they have proof of that. With that I would like to make a motion to approve this zone change.
Chairman Deapen: we have a motion on the floor do I hear a second? Second Commissioner Mudd, discussion?
Commissioner Travis: with all that said, it still floods Dwight.
Commissioner Clayton: those houses have been there a long time and so has the creek, it didn’t stop them from building there and I’m not going to stop them now. Everyone had a legitimate complaint about safety and I am going to get together with Gordon and visit the Judge and the Highway Department and try to do something, either it be a caution light or turning lane.
Chairman Deapen: any further discussion? None, Commissioner Mudd seconded the motion, no further discussion, roll call, Aye Commissioner Mudd, Wheatley and Clayton, Nay Commissioners Travis and Noel, 3-2 vote, motion carried.
Chairman Deapen: any new business:
Administrator Sweazy: no new business, there aren’t any new applications so we will cancel the first meeting in January. The next meeting will be January 16th, 2020.
Motion to adjourn Commissioner Travis, second Commissioner Noel.



 Approved 1/16/2020