TRIPLE S PLANNING AND ZONING COMMISSION
DECEMBER 14, 2004
MINUTES
Members Present: Chairman George Best, Frank Hargadon, Gil Tucker,
Ed Rudolph, Jake Smith, Billie Smith, Eddie Kingsolver,
and Joanne Bemiss, Administrator.
Advisor Present: Vic Brizendine, Attorney
Chairman Best called the December 14, 2004 meeting of the Triple S Planning and Zoning Commission to order at 6:30 p.m.
Best: You were provided a copy of the minutes for the November 16, 2004 meeting. Are there any corrections or additions? If there is no discussion, a motion is in order for the November 16, 2004 minutes.
Mr. Tucker made the motion to approve the November 16, 2004 minutes as written.
Mr. Smith seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Findings of Fact and Transcript for:
Shelby County Industrial Foundation Property
Jewish Hospital Property
Jim Lay Property
Best: You have had a chance to review the Findings of Fact and Transcript. Is there any discussion on those items? If there is no discussion, a motion is in order for the Findings of Fact and Transcripts.
Mr. Tucker made the motion to approve the Findings of Fact and Transcripts.
Mr. Kingsolver seconded the motion.
Best: Is there any discussion on the motion?
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December 14, 2004
Page 2
ALL IN FAVOR – SO CARRIED
Financial Statement
Best: You have had a chance to review the Financial Statement for October. Is there any discussion on the Financial Statement? If there is no discussion, a motion is in order.
Mr. Rudolph made the motion to approve the October Financial Statement.
Mr. Hargadon seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Simpsonville Fire Department Zone Change Agri to C-3 Larry Tingle
Docket #Z-321-04
Larry Tingle, representing the Simpsonville Fire Department: This property is located on Shelbyville Road in Simpsonville. It is on 0.49 acres. This is actually a part of the fire departments property but it is in separate tracts. This is a landlocked piece of property and it just needs to get all the property into one zone. The rear part is zoned Agricultural now and the front is commercial and we are requesting C-3 for the property. According to KRS, 100 a map amendment must agree with the Comprehensive Plan. This does agree with the Comprehensive Plan. We feel this zoning is appropriate because surrounding properties are commercial. This entire parcel should be the same zone. I will answer any questions.
Best: Anyone on the Board have any questions? Anyone in the audience wish to comment? Any questions from the Board? If there is no discussion, a motion is in order for the zone change from Agricultural to C-3 for the Simpsonville Fire Department.
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December 14, 2004
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Mr. Tucker made the motion to approve the zone change from Agricultural to C-3 for the Simpsonville Fire Department.
Mrs. Smith seconded the motion.
Best: Is there any discussion on the motion?
ALL IN FAVOR – SO CARRIED
Best: This will be recommended to Simpsonville City Commission.
Moody Property Zone Change Agricultural to X-1 Charlie Moody
Docket #Z-322-04
Charlie Moody, owner: This property is located on Brunerstown Road. My wife and I purchased this property in 1993. The total property is 29 acres and we are requesting 9.96 acres to be rezoned to X-1 and 19.31 acres will remain agricultural. This property will access Brunerstown Road. According to the regulations a map amendment must agree with the Comprehensive Plan. This parcel is in the Comprehensive Plan for Highway Commercial, which is what interchange zoning is. The original zoning of Agricultural is not appropriate as this property was divided into smaller parcels and is no longer used for agricultural operations. The X-1 zoning is appropriate as this property is located near I-64 and there is interchange zoning across Brunerstown Road. There was a request for residential zoning several months ago and the commission stated that commercial zoning would be more appropriate for the area. There have been major changes in the area. Water and sewer services are to the area. Breighton Business Park is being developed. Highway 55 between I-64 and U.S. 60 has been widened. A church has been granted a Conditional Use Permit for an adjoining parcel. The proposed use is for storage buildings but there are other potential uses. Any use will require further approvals from the Planning Commission through either a PUD or Development Plan. My plan for storage units will come back for a preliminary and final Planned Unit Development. Interchange X-1 is appropriate for this site and it is on the new part of Brunerstown Road. There are no homes located on this section of Brunerstown Road. It is located near major highways, U.S. 55 and Interstate 64. It is ideal for commercial activity as it does not require high visibility. Because this property is located in an area designated in the Comprehensive Plan as future interchange, the existing interchange zoning is located across Brunerstown Road and there have been major changes not
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December 14, 2004
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Moody cont’d: anticipated by the Comprehensive Plan, I request this zone change from Agricultural to Limited Interchange X-1 be approved. I’ll answer any questions you might have.
Best: Anyone on the Board have any questions?
Tucker: How will you get across that water way?
Moody: With culverts and I will leave… The biggest part will be unsewered. It will be a culvert situation. There is a detention area that will catch any additional runoff this may create. There is a lot of green space.
Discussion at table.
Best: Any other questions from the Board? Anyone in the audience wish to comment?
Tom Courtney, resident of Brunerstown Road: I would like to see you stop the development, string development out 55 way. So far all development is on the north side of Brunerstown Road. We opposed that when it was proposed. If you live on Brunerstown Road you can’t get to Shelbyville without going through the industrial park. That is not a very attractive entrance to our property. There are a lot of houses on the other end of Brunerstown Road and somewhere you have to draw the line and not let big development creep out. There seems to be plenty of land developed for industry and interchange without taking undeveloped land that is agricultural.
Best: Anyone else wish to comment?
Moody: That is not an arbitrary line, we have the Comprehensive Plan that was drawn and that is where the future guidelines come from. This is a good way from where Mr. Courtney lives.
Courtney: You still have to drive that way to get to Shelbyville.
Moody: We are within the Comprehensive Plan and that is the tool we use for development.
Best: Anyone else wish to comment? Anyone on the Board have any comments?
If there is no discussion, a motion is in order for the Moody Property zone change from Agricultural to X-1.
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December 14, 2004
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Mr. Hargadon made the motion to approve zone change from Agricultural to X-1 Moody Property as it does agree with the Comprehensive Plan.
Mr. Kingsolver seconded the motion.
Best: Is there any discussion on the motion?
Mr. Tucker - opposed
Mr. Rudolph – in favor
Mrs. Smith – in favor
Mr. Smith – in favor
Best: We will recommend to Shelby County Fiscal Court that the zone be changed from Agricultural to X-1 of the Moody Property.
McBride Property Zone Change Agri to R-3 Single Family Only Vector Devel.
Docket #Z-323-04
Mark Patterson, representing the owner: We would respectfully like to request to be held over to work on the annexation of this property.
Best: If it pleases the Board, this will be held over until the annexation can be worked out.
Larry Williams Pre-Preliminary Larry Williams
Larry Williams, owner: My property is on Old Veechdale Road in Simpsonville. It is 2.31 acres and we would like to build another residence. There is an existing house and garage and we would like to build another house. As I understand, we need 75 ft. for each tract and I am 8 ½ feet short. I need a waiver in order to divide the tract.
Best: Anyone on the Board have any questions? Anyone in the audience wish to comment? Anyone on the Board have any questions?
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December 14, 2004
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Best: If no one on the Board has any objections to Mr. Williams request then all he has to do is come back with a final plat.
Knob Meadows Estates Preliminary Al Andrews
Docket #S-934-04
This was held over from the November meeting.
Al Andrews, representing the owners: This property is located on Frankfort Road in Clayvillage, and it is zoned RE and Agricultural. This project is for 66 lots on 161.72 acres. In the rear, to the south, will be larger lots in the Agricultural area and the smaller lots will be toward the front in the RE area. This project is planned to be done in two phases. The first phase will be 22 lots in the front.
As traffic study was done and the conclusion was that it would operate at level of service C when the development is finished. One good feature will be the Jeptha Knob intersection will be closed and the traffic will be redirected to Capital Road. This will be safer access to U.S. 60. There will be sufficient area for detention basins. I will answer any questions.
Best: Anyone on the Board have any questions?
Tucker: Will you put in a turn lane on U.S. 60?
Andrews: We will close off Jeptha Knob Road and have two entrances.
Best: Any other questions from the Board? Anyone in the audience wish to comment?
Donald Bowen, 5887 Frankfort Road: My concern is the water that comes from the Knobs? What will you do about the septic tanks? The ground doesn’t perk that well.
Andrews: I mentioned earlier there will be detention and there is enough room for detention. We are even including the larger lots in the rear to go to the detention basins.
Bowen: Water runs on me now and floods. All the water runs down my way. I need some guarantee that all that water will not run onto me.
Andrews: We will be complying with the regulations on the drainage.
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December 14, 2004
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Best: They will have to sign a statement that states that adjoining property owners will not suffer any more than before development.
Bowen: What about the ground not perking and running down my way?
Best: As far as percolation goes, that is up to the Health Department. We have no control over the perking of ground.
Bowen: As long as we are guaranteed we won’t get flooded.
Best: They have to sign a statement guaranteeing that.
Phillip Pereira, 5971 Frankfort Road: Right now water runs from Knob hill directly to my property. I am very concerned about the water issue. It really is bad when it floods.
(inaudible)
Best: Anyone else wish to comment?
Joan Bethany, Sacree Lane. My concern is with septic tanks and of course the water coming off the Knobs. It runs from the Knobs, across the road, past Mr. Bowen’s area, there is a pond in the next area, and then there is my pond. We are worried about the run off from the septic tanks and all. What effect will that have on our property? We have two stocked ponds and have a lot of money invested in these ponds. If we have problems from the overflow of the septic systems or whatever, we will have a big mess. I think the drainage should be investigated thoroughly before this development is started. We are trying to protect out area, and we are on five acre tracts and septic tanks but we have a lot of area for the flow. I really am worried about this. I would appreciate your help in investigating this further.
Andrews: The Health Department will do the perk test on each lot. (inaudible)
Best: Anyone else wish to comment? Anyone on the Board have any comments?
Tucker: The traffic study, does that change anything, does it stay at C level.
Diane Zimmerman: Yes, sir.
Best: If there are no further questions, a motion is in order regarding the preliminary for Knob Meadow Estates.
Mr. Tucker made the motion to approve as it meets regulations.
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December 14, 2004
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Mr. Hargadon seconded the motion.
Best: Is there any discussion on the motion?
Mr. Kingsolver – in favor
Mr. Rudolph – opposed
Mrs. Smith – opposed
Mr. Smith – opposed
Best: The motion to approve Knob Meadows Estates is denied on a 3 – 3 tie. This will be held over for consideration of the Planning Commission to vote on at the February meeting.
Town-N-Country Clarification of Procedure Larry Tingle
Larry Tingle, representing the owner: We are requesting a clarification of procedure on how to proceed with this project. This is the remaining residual tract of Town-N-County. This has been through court, and Mark Dean will explain that, over the validity of the 1977 preliminary plat that was approved as a PUD showed this property to be a multi-family development. We want to outline the procedure to facilitate the construction, and since it is multi-family we want to get the mechanics of how to proceed to get the final plat approved. I would like to explain the intended use.