1/3/17

1/17/17 & 2/7/17

COMMONWEALTH OF KENTUCKY OLDHAM COUNTY

ORDINANCE NO. 17-920-363 ******

AN ORDINANCE RELATING TO A CHANGE IN THE OLDHAM COUNTY ZONING MAP REZONING A .903 ACRE TRACT LOCATED AT 1701 SOUTH HIGHWAY 1793, GOSHEN, KENTUCKY FROM THE EXISTING R-2

RESIDENTIAL ZONING CLASSIFICATION TO C-N COMMERCIAL NEIGHBORHOOD ZONING CLASSIFICATION. ******

WHEREAS, Oldham County Planning and Zoning Commission, on application of Vision Real Estate,

LLC., desire to change the Oldham County zoning map in reference to a certain 0.903 acre tract located at

1701 South Highway 1793, Goshen, Kentucky, and seek a zoning map change for the 0.903 acre tract from

the existing R-2 Residential District zoning classification to C-N Commercial Neighborhood District

zoning classification; and,

WHEREAS, the Oldham County Planning and Zoning Commission did advertise and conduct a

public hearing on November 22, 2016 on the issue of rezoning the hereinafter described 0.903 acre tract

from the existing R-2 Residential District zoning classification to C-N Commercial Neighborhood zoning

classification; and at the conclusion of said hearing, did find that the map amendment is in agreement with

the Oldham County Comprehensive Plan and recommend to the Oldham Fiscal Court that said zoning

classification on the hereinafter described 0.903 acre tract be changed as requested; subject to the binding

elements and/or conditions of approval set out in the minutes of said hearing as approved on November 22,

2016, which are incorporated herein by reference, and,

WHEREAS, the Oldham Fiscal Court did advertise and conduct a public hearing on the

recommended zoning map change, and Fiscal Court having made the necessary findings and conclusions

justifying said zoning map change, and said Fiscal Court, after first and second readings, having voted to

adopt the zoning map change at its regular meeting conducted on February 7, 2017, subject to said binding

elements and/or conditions of approval as restrictions thereon.

NOW, THEREFORE, BE IT ORDAINED BY THE FISCAL COURT OF OLDHAM COUNTY, COMMONWEALTH OF KENTUCKY, THAT:

The Oldham County zoning map controlling the zoning classification of the hereinafter described

0.903 acre tract located 1701 South Highway 1793, Goshen, Kentucky shall be changed from the existing

R-2 Residential zoning classification to C-N Commercial Neighborhood zoning classification; in

accordance with the provisions of KRS 100.211(2); provided, however, that this zoning map change shall

be accompanied by and contingent upon strict adherence to any and all binding elements and/or conditions

of approval set out in the minutes of the public hearing before the Oldham County Planning and Zoning

Commission pursuant to KRS 100.211 held November 22, 2016, which are incorporated herein by

reference, as restrictions on the land and its usage to be lodged with the Fiscal Court and the County Clerk

of Oldham County in the form designated for certificates of land use restriction in KRS 100.3683 and

reflected on the official zoning map within thirty (30) days of this action. The lands involved are a certain

parcel or tracts of land in Oldham County, Kentucky, more particularly described as follows:

Land Description:

Metes and Bounds Description of Proposed R-2 to C-N Zoning: Beginning at a found 1/2 inch diameter iron pipe, said pipe being the northwest corner to a tract of land conveyed to the Oldham County Board of Education and being located in the east Right of Way of KY Highway 1793; thence leaving said Oldham County Board of Education and with said Right of Way of KY Highway 1793, with a curve turning to the left with an arc length of 191.51 feet, with a radius of 2,904.79 feet, with a chord bearing of N35°05'35" Wand with a chord length of 191.48 feet to a point located S 83°32'10" W, 0.30 feet from a bent 1/2 inch iron pipe; thence N 36°58'54" W a distance of 17.00 feet to a set 1/2 inch diameter rebar 18 inched in length with a yellow plastic identification cap stamped "BENTLEY 3697" (set IPC 3697 henceforth), said IPC being the southwest corner of a tract of land conveyed to Terry A. & Carrie A. Fletcher of record in Deed Book 678, Page 292 on file in the office of the County Clerk of Oldham County, Kentucky; thence leaving said Highway 1793 and with said Fletcher, a tract of land conveyed to Ronald R. & Patricia B. Van Treuren of record in Deed Book 849, Page 260 and a tract conveyed to Linda J. Anderson & Donald W. Goodman in Deed Book 719, Page 134 both on file in the Clerk's Office aforesaid, N 55°56'04" E a distance of 189.05 feet to a set IPC 3697; thence leaving said Anderson & Goodman and severing a tract of land conveyed to North Oldham Volunteer Fire Protection District of record in Deed Book 906, Page 252 the following calls; S34o 37'46" E a distance of 71.56 feet to a set IPC 3697; thence S 52o 49'00" W a distance of 13.45 feet to a set IPC 3697; thence S 36°39'42" E a distance of 42.64 feet to a set IPC 3697; thence N 53°32'03" E a distance of 19.45 feet to a set IPC 3697; thence S 38°05'04" E a distance of 94.58 to a set IPC 3697, said IPC being in said Oldham County Board of Education line; thence with the same, S 55°56'04" W a distance of 200.02 feet to the point of beginning. Having an area of 39,347.89 square feet or 0.903 acres. Being a portion of the same property conveyed to North Oldham Volunteer Fire Protection District by Deed dated September 10, 2007 of record in Deed Book 906, Page 252 in the office of the County Clerk of Oldham County, Kentucky.

This ordinance shall become effective upon its passage and advertisement according to law.

Dated this _____ day of ________________, 2017.

_____________________________ DAVID VOEGELE Oldham County Judge/Executive

First Reading: _________________ Second Reading:_______________

ATTEST:

______________________________ SHEILA FAEHR Oldham County Fiscal Court Clerk

Page 1 of 10

MINUTES OF REGULAR MEETING

OLDHAM COUNTY

PLANNING AND ZONING COMMISSION

Tuesday, November 22, 2016

At 9:00 a.m., local time on the above date, this meeting of the Oldham County Planning and

Zoning Commission, hereinafter called the Commission, was called to order in the Courtroom

of the Oldham County Fiscal Court Building, LaGrange, Kentucky, by Chairman Kevin Jeffries.

Other Commission members present were:

Joyce Albertsen Bob Arvin Laura Bohne Denia Crosby Sam Finney Jan Horton

Greg King Bob Klingenfus Joe McWilliams Kevin Mesker James Neal Mary Ann Smith

Commissioners Douglas and Falvey were absent.

Others present and sworn in were Planning and Development Services Director Jim Urban,

Senior Planner Amy Alvey and Community Planner Brooke Viehmann. County Attorney John

Carter was present for the meeting. Ethel Foxx was the Secretary for the meeting.

***********************************************************************************************************

Secretary Foxx called and read Docket PZ-16-029 and Docket PZ-16-030:

DOCKET PZ-16-029 – Application has been filed by Vision Real Estate, Inc. for the approval of a Zoning Map Amendment on approximately .903 acres. The property is located at the 1701 South Highway 1793, Goshen. The proposed change is from R-2 Residential to C-N Commercial Neighborhood District.

DOCKET PZ-16-030 - Application has been filed by Vision Real Estate, Inc. for the approval of a Development Plan on approximately .903 acres. The property is located at the 1701 South Highway 1793, Goshen. The proposed zoning is C-N Commercial Neighborhood District.

(1) Introduction of the application by staff and questions by the Commission:

Community Planner Brooke Viehmann presented the following:

Summary of application.

Notes and issues (Exhibit A: Staff Report dated November 22, 2016).

Site history.

Future Land Use Map, Development Plan and Landscape Plan.

Aerials and photos of property, buildings and adjoining properties.

Ms. Viehmann responded to questions by the Commission:

Page 2 of 10

The property on which the fence and the cell tower is located is now a separate

tract.

The minor plat shows where part of the fence is located on Lot 1 and part of the

fence on Lot 2.

The property is zoned R-2 Residential, and institutions such as a fire department or

a school, are permitted uses in this district and any other zoning district.

Confirmed that only Lot 1 on which the firehouse is located will be rezoned.

The North Oldham Fire District is retaining the property on which the cell tower is

located and it is remaining R-2.

The Applicant intends to buy Lot 1 contingent upon this approval.

The Applicant would not be able to apply for a conditional use permit on this property

because under R-2, commercial establishments are not allowed.

(1) Presentation by the applicant or representative and others in support of the

application:

Raymond Roelandt, Attorney, 6506 West Highway 22, Crestwood, was present to speak in

behalf of this application.

Referred to the photo of the property stating that there will be very little change to

the property.

There are plans to add landscaping and assigning appropriate parking spaces in

order to comply with the zoning regulations.

The business is completely service oriented and they really do not need all the

parking spaces.

This property is unique as it was used as the North Oldham Fire and Rescue facility

for years; they now have a larger facility across the street.

Confirmed that the sale of the property is contingent upon approval from the

Commission.

The property is surrounded by school buildings and activities and residential is

located across the street along with the new fire department property.

This property is a good fit for this area.

They are requesting commercial use for this property in order to operate the

proposed business.

Customers will not come to the business as all activity is on the customer’s site.

The business is family owned and operated.

Charlie Francesconi, 4704 Abercorn Terrace, Louisville, was present and sworn prior to

speaking in behalf of this application.

Page 3 of 10

He is the sole shareholder and president of Vision Real Estate, Inc. and Vision

Enterprises, Inc. that does business under the name of AdvantaClean; his son,

Darren, manages and operates the business.

The purpose of purchasing the property is to convert their existing rental expense

payments to an investment that would give them real estate equity.

This location is ideal for the business they operate.

Darren Francesconi, 1003 Secretariat Drive, Goshen, was present and sworn prior to

speaking in behalf of this application.

They are currently operating their business out of a warehouse in Crestwood.

The main function of their business is mold remediation, air duct cleaning and

emergency water clean-up.

They go in after a flood and try to prevent mold from forming in the buildings and

provide air quality conditions in the home.

The services are performed at the customer’s home and the customer does not

come to them.

They take their trucks and equipment such as air moving fans, air scrubbers and

dehumidifiers to the site; they only store their equipment at the shop and do not

produce anything at the shop.

Their schedule consists of meeting at the shop in the morning, loading up the vans

and going to the job site.

They wish to keep their trucks inside the garage so as to be prepared to load up and

not have to de-ice when there is inclement weather.

They may clean-up their trucks at the shop.

Josh Myers, Landscape Architect, 7321 New LaGrange Road, Louisville, was present and

sworn prior to speaking in behalf of this application.

Referred to Applicant Exhibit A, plot plan showing the building and lot which is not

very attractive.

Pointed out where he plans to extend an evergreen screen with pine trees and

spruce trees along the left side of the building which will soften the parking lot and

building from the neighboring properties.

Also plans to add vegetation along the front of the building, the right front side where

utilities are located, along the right side of the building, and the right rear side of the

property that adjoins the school.

Confirmed that he was at a neighborhood meeting regarding the large maple tree on

the property.

The maple tree is located 32 feet from the street and would not impair site distance

issues especially since school children cross the road in that area.

Page 4 of 10

(2) Testimony and questions by those opposing the application:

Tom Binkley, 12307 Ridgeview Drive, Goshen, was present and sworn prior to stating

concerns regarding this application.

The presentation was very good and feels the purpose for the building is a good fit.

However, does have an issue with the rezoning of the property.

There are many neighbors that are running a business out of their home such as

electrical contractors and plumbers and not much different than what is proposed.

He and other neighbors are concerned that the residential character of the

neighborhood will start to change to commercial zoning by the second and third

generation-owner.

Presented a portion of the Zoning Regulations and referred to the C-N regulations as

to the intent of the urban renewal effort but feels that this is not an urban area of

Oldham County.

This is a residential area and there are no other commercial zoned property or retail

establishments within miles; this would be an island in the middle of residential

zoning.

Concerned that if this is re-zoned, that it cannot be un-zoned when the use outgrows

the site and/or not a profitable business.

Concerned what this will be in future generations and could be transformed into an

adult book store or tattoo parlor or whatever else would fall under the category of

retail commercial classification.

Does not feel that the property needs to be rezoned and could run the business

under the existing zoning with a conditional use permit.

Comments from Administrator Urban:

As to those running a small business out of their home, such as a contractor or

plumber, they are required to have a home occupation.

Just because they are running a business out of their home does not mean it is

legal.

This office often gets complaints of this nature from neighbors and the Code

Enforcement Officer visits the site.

Staff believes the commercial neighborhood classification is the right one as this

type business does not fit in the R-2 zoning.

Planner Viehmann responded as follows:

Explained that one needs to go before the Board of Adjustments and Appeals to

request a conditional use for a home occupation.

The type business proposed today would not fit under a conditional use for a home

occupation because it does not meet the requirements. No one is living on this

Page 5 of 10

property and the intent of the conditional use is to ensure that the the commercial

use is incidental to the residential use.

George Fackler, 1304 Ridgepoint, Goshen, was present and sworn prior to stating his

concerns.

Has concerns whether hazardous materials are associated with this business and

how that will be disposed.

Darren Francesconi responded to Mr. Fackler’s concerns:

When debris such as construction materials, carpet and drywall are removed, they

take it to an off-site dump.

There are no chemicals used in the process.

The disinfectants they spray are green products and are not harmful or toxic.

(3) Questioning of the applicant and those opposing the application by the Commission:

Attorney Roelandt responded to questions as follows:

Confirmed that the zoning shown on the plat as C-2 is a mistake.

The application is for the C-N Commercial Neighborhood district.

Darren Francesconi responded as follows:

Anything taken off-site is bagged and sealed and taken to a dump such as Hedges;

it is not taken back to their shop.

They plan on very little outside storage as most of their equipment is stored inside.

They have a 14 foot flatbed trailer but because of the way the property is screened

will most likely not be visible to the adjoining properties.

The closest competitor is Eastpointe Business Park and there are a few smaller

restoration businesses in Oldham County.

Administrator Urban responded as follows:

Staff recommended the commercial neighborhood zoning because it does not need

to be any higher for this particular use.

There is a Condition of Approval on Page 3 of the staff report that states, “There

shall be no changes to the development plan without approval by the Oldham

County Planning Commission” so they could not do a restaurant or any other use

without coming back to the Commission.

If the property sells, the zoning stays, but if they wish to do something different they

would have to come back to the Commission.

Page 6 of 10

Planner Viehmann stated as follows:

Presented the zoning regulations for C-1 and C-N and pointed out the differences in

the intent and the permitted uses. When you read C-1, the intent sounds like it may

fit this property, but the permitted uses are more intense. Staff they focused more on

the permitted uses in C-N rather than the intent.

(4) Rebuttal evidence and Cross Examination by the Applicant:

Attorney Roelandt explained that they expected concerns with adjoining neighbors.

There is a need for this type business, is a family business and a very good location

for their general service area.

As the Administrator explained if a different use of the property is proposed in the

future, it would need to be returned to the Commission for approval.

It was hard for Staff to determine what the best zoning is; however this does

resemble an urban area because it is located in the middle of schools, the fire

department and a church; they feel that this is a good fit.

The business has helped several families recover and the speed of response is

critical to get to the properties in a timely manner.

(5) Rebuttal evidence and Cross Examination by the Opposition:

Tom Binkley as follows:

Attorney Roelandt’s statement is a good reason for not allowing more traffic from a

commercial use with the schools, fire department and church in the area.

He does not see where the regulations state that if there is any change in the use

that they would have to come back to the Commission.

His concern is a second generation use of the property.

Administrator Urban informed Mr. Binkley at this time that if this is approved, Fiscal Court

will have the final say so regarding the zone change. If they approve this, a Certificate of

Land Use Restriction will be filed in the Deed Room. Should this property be sold in the

future one would have to come back to this Commission requesting any changes of the use

of the property.

Chairman Jeffries informed Mr. Binkley that if the Commission approves the zoning map

amendment, the final zoning request will go before Fiscal Court; however the development

plan is considered only by the Planning Commission.

(7) Final statement of the Opposition: None

Page 7 of 10

(8) Final statement of the Applicant:

Attorney Roelandt stated as follows:

The Applicant agrees with Mr. Binkley that they would never want a business such

as a tattoo parlor on the property and there is not enough parking that would support

a restaurant.

There was a neighborhood meeting and there was no one present (except

representation of the Fire Department) although 38 notices were sent to the

adjoining properties.

The goals of the Comprehensive Plan have been met and supports an orderly

growth.

They will use the building primarily for storage of their equipment, the employees will

come to the property, however, will leave the property with their equipment to do

their work at the customer’s location.

There will not be people coming and going during the day until the employees return

at the end of the day.

Attorney Roelandt requests that the Commission approve this application as it is a

good fit and meet the goals, the property will not be left vacant and is appropriate for

this property.

END OF PUBLIC HEARING

Administrator Urban reviewed that the Commission needs to first consider the zoning map

amendment request and then the development plan. Any conditions of approval will be

addressed with the development plan.

Attorney Carter reminded the Commission that recommendations will go before Fiscal Court

for approval of the zoning map amendment.

FINDINGS AND DECISIONS

PZ-16-029

Zoning Map Amendment: R-2 to C-N

Motion was made by Commissioner King and seconded by Commission Arvin to approve Docket

PZ-029 application for a zoning map amendment from R-2 Residential District to C-N,

Commercial Neighborhood District because:

1. The existing zoning classification of R-2 given to the property is inappropriate as it is notusable as a residence.

2. The uses as described on the property is surrounded by uses such as a school campus,a church and community facilities.

Page 8 of 10

Discussion:

Much discussion regarding the surrounding uses that could be considered under

residential use.

Concerns one could return at a later time and use the property inappropriately considering

it is close to the school.

There is a safeguard that if one wishes to change the use, they would have to come back

to the Commission for approval.

Although the property is zoned R-2, because the way the land has been developed, no

one would want to use this property as residential.

The property will be maintained and landscaped, there will be minimal use and therefore

the proposed use is positive.

The proposed business would have less activity than what was there before and there

will sufficient screening.

Administrator Urban reminded the Commission that there is a difference as to what a property

is zoned and what the use is. For example, schools, churches, and fire departments are exempt

from zoning and allowed to be in any zoning classification. However, the intensity of a use for a

school, church or fire department is much greater than residential property. Every house

generates 10 trips per day, and the intensity of the proposed use will be much less than

residential use.

End of Discussion

The vote for the zoning change from R-2 to CN was as follows:

YES: Commissioners King, Klingenfus, Mesker, McWilliams, Smith, Arvin,

Bohne, Crosby, Finney and Neal.

NO: Commissioners Albertsen and Horton

ABSTAIN: None

ABSENT: Commissioners Falvey and Douglas

Motion passed on a vote of 10-2.

***

FINDINGS AND DECISIONS

PZ-16-030

Development Plan

(Having been presented with Docket PZ-16-029)

Motion was made by Commissioner Bohne and seconded by Commission Finney to approve

Docket PZ-030 application for a Development Plan because:

Page 9 of 10

The development plan complies with multiple objectives of the comprehensive plan, the

zoning ordinance and the subdivision regulations as stated in the staff report and in

testimony.

The building is not being altered in any way other than to improve its appearance.

The property will be utilized and will not sit vacant.

Conditions of Approval:

1. There shall be no changes to the development plan without approval by the Oldham

County Planning Commission.

2. Site lighting shall be shielded and designed to not shine in the eyes of drivers.

3. The development plan must comply with the Oldham County Fire Hydrant Ordinance.

4. A landscape plan must be submitted to staff for review and approval.

5. No outside storage of equipment or materials will be allowed.

(Note: Condition #5 has been changed and Condition #6 was added at end of this

application.)

Discussion:

Much discussion as to whether to allow the flatbed trailer to be parked outside. There was

testimony that the parking area would be screened and the trailer would not be visible. The

parking spaces are for vehicles and they have a landscape plan which shields them from

adjoining property owners.

Administrator Urban responded that if they fail to store equipment inside per the conditions of

approval, the Code Enforcement Officer would be notified as they would be in violation of the

Certificate of Land Use Restriction. They would be issued a notice of violation and if they do not

comply, they would receive a citation, would have to appear before the Code Enforcement Board

and would be subject to fines.

Discussion regarding Condition #5 that it may prevent them from parking their service trucks

which is technically their equipment in a parking space. Commissioner Bohne stated she had no

issues with the motorized vehicles or the empty flatbed trailer parked outside as long as it is not

loaded with equipment or debris.

Confirmation from the County Attorney Regarding Additional Testimony

Attorney Carter responded that it was permissible to ask more questions of the applicant at this

time, for clarification.

Darren Francesconi responded to the Commission as follows:

Page 10 of 10

He can store the flatbed trailer indoors however, it is a nice looking piece of equipment

and it is not offensive.

He lives in the community and there is a lot more offensive equipment in driveways, on

the street and the school yard.

He would not want anything offensive on his property as it represents his business; he

wants to keep the property neat and presentable.

It may be difficult for him to never be allowed to park the trailer outside.

MOTION TO CHANGE CONDITION OF APPROVAL #5 AND ADD CONDITION #6.

Motion was made by Commissioner Bohne and seconded by Commissioner Finney to change

Condition of Approval #5 and add Condition of Approval #6 to approval PZ-16-030

Development Plan as follows:

5. Commercial vehicles or trailers must be parked behind the building.

6. No debris or materials will be stored outside the building.

The vote was as follows:

YES: Commissioners Arvin, Bohne, Crosby, Finney, Horton, King, Klingenfus,

Mesker, McWilliams, Smith and Neal.

NO: Commissioner Albertsen

ABSTAIN: None

ABSENT: Commissioners Douglas and Falvey.

Motion passed on a vote of 11-1.