Joint City-County Planning Commission of Barren County, Kentucky. April 23, 2013

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1 Joint City-County Planning Commission of Barren County, Kentucky The Joint City-County Planning Commission of Barren County, Kentucky met in Special Called Meeting on Monday, May 23, 2013 at 7:00 PM in the Glasgow City Building. The following Commission Members were present: Lewis Bauer Freddie Button Tommy Gumm Joan Norris Sarah Smila Janis Turner Bobby White Joel Wilson Forrest Wise Eddie Atnip, Brad Bailey, Rondal Brooks and Roscoe Ramey were absent. I. GENERAL BUSINESS: Agenda Item # 1 Approval of Minutes A motion was made by Freddie Button and seconded by Joel Wilson to approve the minutes of the April 15, 2013 meeting as presented. Motion unanimously carried. II. PUBLIC HEARING: G Zone Change Application R-2 (Medium Density Residential) District to B-2 (General Business) District Kentucky Farm Bureau, Applicant/Glasgow Board of Education, Owners Property located at 1108 Cleveland Avenue /- Total Acres Glasgow A public hearing was conducted. Chairman Gumm read the findings necessary for a proposed map amendment from KRS Thom Kendall, Planning Administrator, reported to the best of his knowledge all appropriate notices had been posted. Mr. Kendall explained the proposed Map Amendment and Staff Report. Gumm: Any questions for Thom?

2 Page Two Chairman Gumm asked if anyone present would like in favor of the proposed request. No one present addressed the Commission. Chairman Gumm asked if anyone present would like to speak in opposition of the proposed request. No one present addressed the Commission. Freddie Button: It said the subject property is on L Rogers Wells Blvd. Gumm: It said what? Button: Am I looking on the right piece of paper? Gumm: I don t think so. Kendall: What are you looking at Freddie? Button: Right up there under Planning Staff Observations, it says subject property accesses SL Rogers Wells Blvd. Kendall: Yes. Gumm: By the way of Cleveland Ave? Kendall: It accesses SL Rogers Wells Blvd. by the way of Cleveland Avenue. Button: The lot itself does not access Kendall: No, no, no, it doesn t touch that, no, it s actually got Springdale Drive in between it, property wise. Button: That s what I quite did not understand. Kendall: We usually call reference to way of a main road that is closest to it. It doesn t have access but it is by way of Gumm: OK. The public hearing was closed.

3 Page Three A motion was made by Janis Turner and seconded by Lewis Bauer to approve the proposed map amendment because the record of facts show that the proposed map amendment is in agreement with the adopted Comprehensive Plan. Motion unanimously carried G Zone Change Application R-2 (Medium Density Residential) District to B-2 (General Business) District Martha and Tom Loveless, Applicant/Owners Property located at 1110 Cleveland Avenue /- Total Acres Glasgow A public hearing was conducted. Thom Kendall, Planning Administrator, reported to the best of his knowledge all appropriate notices had been posted. Mr. Kendall explained the proposed Map Amendment and Staff Report. Gumm: Any questions for Thom? Chairman Gumm asked if anyone present would like in favor of the proposed request. Gumm: If you could go to the mike, please. I will need to swear you in, if you would please state your name and your address. Tom Loveless: Tom Loveless, husband of Martha Loveless, 1110 Cleveland Avenue, Glasgow, KY. Gumm: Mr. Loveless, you swear or affirm the testimony you are about to give is the truth and nothing but the truth? Loveless: Yes sir. Gumm: You may proceed. Loveless: Our plans for what we might want to do with this property changed abruptly a week ago last Friday when my wife underwent by-pass and open heart surgery, so a lot depends on how that goes and so far, so good up and down a little bit, but anyway. Ah, when people used to come over and visit us they used to say how much of this do you own of this back here and we would say well the whole thing, about three (3) acres or so. We see that as our retirement. Well then we had some changes of a neighbor real close to us that put him a lot closer to us which probably makes that more difficult because nobody is gonna want to build a residential anything on that property now when they have to wake up a 6 o clock in the morning sometimes to bomb blasts, or that s what they sound like. But I m not trying to put anybody down; I m just trying to paint a picture of it. Ah, but we know that sooner or later that whole section down through there is probably gonna be commercial and we think the property would be worth more which would

4 Page Four be to our advantage. The government the last several years has played hide & seek with us, they hide and we seek for jobs and ways of coming up with more money and so that might be one way to do it and we are glad to have the new neighbors. The school board was excellent neighbors, we re sure these folks will be too. We ve mowed a little bit of their yard and they mowed a little bit of our yard and so that worked out real good and we are just trying to look to the future a little bit and see what might take place and it certainly would, I think, benefit us if you would approve it for us. Thank you. Gumm: Anyone else that would like to speak on behalf of the proposed zone change? Chairman Gumm asked if anyone present would like to speak in opposition of the proposed request. No one present addressed the Commission. The public hearing was closed. At this time I will close the hearing and entertain a motion. A motion was made by Sarah Smila and seconded by Joel Wilson to approve the proposed map amendment because the record of facts show that the proposed map amendment is in agreement with the adopted Comprehensive Plan. Motion unanimously carried. III. DEVELOPMENT PLAN: G Preliminary Development Plan Solar Way (Proposed Roadway) QVG Inc., Applicant/Owners 1 Lot /- Total Acres Glasgow Plans prepared by American Engineering, Inc. Attorney Charlie Goodman asked to be recused from the proceedings due to his firm having an existing attorney/client relationship with the owner of the property. The following Staff Findings and Recommendations were presented. Staff Findings: 1. The proposed right-of-way is located along Happy Valley Road (Hwy 90), approximately three hundred ninety (390 ) feet from the Happy Valley Road and Westview Drive intersection.

5 Page Five 2. The applicant is proposing a right-of-way which will service a proposed solar farm and possibly serve residential dwellings in the future (See Attachment A, General Vicinity Map). 3. The property is currently zoned B-2 (General Business), B-3 (Highway Service Business District) and R-1 (Low Density Residential), See Attachment B, Current Zoning Map. 4. KRS exempts any public utility operating under the jurisdiction of the Public Service Commission from applicable zoning regulations provided the utility operates under the guidelines set forth by the Federal Energy Regulatory Commission. The applicant has been accepted as a qualifying energy producer with the Federal Energy Regulatory Commission and is operating under their qualifying FERC number QF The proposed roadway name of Solar Way has been approved by the B.I.T.S. office; it is approximately fifteen thousand six hundred and ninety three (15,693) square feet in size and approximately three hundred (300 ) feet long. 6. Sheet C-3 shows the proposed roadway with the appropriate dimension for the T turnaround and a proposed road profile. 7. The proposed basin shown on Sheet C-4 will require a Maintenance Agreement be signed with the Stormwater coordinator. 8. The construction entrance shown on Sheet C-5 will also require permit approval from the Kentucky Department of Highways. 9. The roadway typical and details shown on Sheet C-6 are in compliance with the adopted Subdivision Regulations guidelines. 10. Entrance from the proposed roadway onto Happy Valley Road (Hwy 90) will require permit approval from the Kentucky Department of Highways. 11. Before Final Plat approval an appropriate Letter of Credit in the amount all the proposed construction plus 15% must be submitted to the Planning Commission staff. Staff Recommendation: It is the Staff s recommendation of approval of the Preliminary Development Plan subject to the following conditions:

6 Page Six 1. Adequate soil erosion and sedimentation control measures, shown on the approved plans, be implemented during and after site construction in order to reduce soil erosion and to minimize water quality impacts where the natural ground cover has been disturbed. 2. The Letter of Credit (L.O.C.) be housed in the office of the Planning Commission prior to Final Development Plan approval. A motion was made by Bobby White and seconded by Forrest Wise to approve the Preliminary Development Plan for Solar Way for QVG, Inc., Applicant, containing /- Total Acres located in Glasgow, KY based upon Staff Findings and Recommendations. Motion unanimously carried G Final Development Plan Scenic Lake Apartments, Phase 1, Harold and Randy Heers, Applicant/Owners Lauderdale Drive 1 Lot /- Total Acres Glasgow Plans prepared by Van Meter and Slavey, LLC. Chairman Gumm asked for a motion to bring from the table the Final Development Plan tabled first on February 19 th, A motion was made by Lewis Bauer and seconded by Bobby White to bring from the table the Final Development Plan tabled first on February 19 th, Motion unanimously carried. Kevin Myatt, Planning Director, stated that the Planning Commission does not have the necessary documentation with regards to a Letter of Credit for the proposed roadway for approval. A motion was made by Bobby White and seconded by Joan Norris to deny the approval of the Final Development Plan for Scenic Lake Apartments, Phase 1, located on Lauderdale Drive and containing 1 lot (2.81 +/- Total Acres) for Harold and Randy Heers, Applicant/Owners, until the necessary requirements have been met for a Final Development Plan. Motion unanimously carried. There being no further business to come before this commission, upon the motion of Janis Turner and seconded by Freddie Button, and unanimously carried, the meeting was adjourned at 7:38 PM. JOINT CITY-COUNTY PLANNING COMMISSION By: ATTEST: Tommy Gumm, Chairman Sarah Smila, Secretary-Treasurer

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