Z-CO & 2018-V-11. July 5, 2018

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1 Z-CO & 2018-V-11 Page 1 of 34 ZONE CHANGE AND VARIANCE STAFF REPORT CCPC City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY DOCKET/CASE/APPLICATION NUMBERS Z-CO & 2018-V-11 PUBLIC HEARING DATE July 5, 2018 APPLICANT/PROPERTY OWNER Montie Brown PROPERTY ADDRESS/LOCATION 8750 Nashville Road PRE-APP DATE June 5, 2018 PVA PARCEL NUMBER 031A-10G BRIEF SUMMARY OF REQUEST: The applicant is proposing to rezone /- acres located at 8750 Nashville Road from (Agriculture) to GB (General Business), in order to develop the property with a bank and a lawn care company. The applicant is also requesting the following variances: a variance of 26 feet from the 40-foot rear yard setback required between property zoned GB (General Business) and single family residential districts/uses; a variance of 6 feet from the minimum 10-foot landscape buffer required along the east property line; and a variance of 4 feet from the minimum 10-foot landscape buffer required along the southern property line. MAP SOURCE: CURRENT ZONING PROPOSED ZONING FUTURE LAND USE SIZE OF PROPERTY OTHER INFORMATION CURRENT LAND USE Single Family Residential GB PROPOSED LAND USE Commercial Mixed-Use/Residential FLUM AMENDMENT Yes No /- Acres PROPOSED DENSITY N/A Development Plan Conditions General Development Plan Neighborhood Meeting Traffic Impact Study (TIS) Environmental Assessment Public Comments PROPERTY HISTORY: The property has been zoned (Agriculture) since zoning was established in Warren County in COMPATIBILITY with COMPREHENSIVE PLAN: The property is designated as Mixed- Use/Residential on the FLUM. The request fits within the Mixed- Use/Residential future land use category, as the proposed zone is listed as a potentially compatible zoning district in the Mixed-Use/Residential FLUM designation. The proposed use may be appropriate if the Planning Commission deems the project to be compatible with the surrounding area. COMPATIBILITY with the SURROUNDING DEVELOPMENT: The property is located in the unincorporated area of Warren County near South Warren Middle and High schools. A site characteristic review indicates that there are adequate facilities and infrastructure available to support the proposed development. The property is located on the edge of a large sinkhole, and there are mature trees along the south and east property lines. Site design has been addressed in the General Development Plan and development plan conditions in conjunction with the requirements of the Zoning Ordinance. POINTS TO CONSIDER: The proposal is consistent with the FLUM and Mixed-Use/Residential category. The proposed development complies with a majority of the site characteristics review criteria, with the exception of the rear building setback and minimum required landscape buffer required adjacent to a single family use. The proposed General Development Plan generally complies with a majority of the review criteria for site design and compatibility.

2 Z-CO & 2018-V-11 Page 2 of 34 Zone Change and Variance Staff Report Note: Please see attached pre-application information for FLUM category descriptions and other belowreferenced material. FUTURE LAND USE MAP and CATEGORY REVIEW FLUM Designation: Mixed-Use/Residential (please see the attached map) Applicable Goals, Objectives and/or Actions Items Future Land Use: LU-1.1.1, LU-1.1.2, LU-1.1.3, LU-2, LU-2.1.3, LU-2.1.4, LU-2.3.1, LU-2.5.3, LU-2.9 Transportation: TR-2.1 Community Facilities: N/A Parks and Recreation: PR-1.7, PR-3 Natural and Cultural Resources: NCR Housing and Neighborhoods: HN-1 Economic Development: N/A The Mixed-Use/Residential FLUM designation applies to mixed-use areas where, taken as a whole, the primary land use is residential in a variety of housing types and densities, balanced by complementary retail, office, institutional and civic uses. The distribution of land among these various activities shall be implemented through specific zoning, with standards addressing the form and character of development to ensure compatibility. The proposed GB zone is listed as a potentially compatible zoning designation in LU This proposal complies with the FLUM and this category, and with LU and LU The Planning Commission should determine if the proposal is compatible with the area and therefore in compliance with LU This plan may comply with LU-2. The Planning Commission should determine if the proposal is a high quality development that will protect community character. The Planning Commission should determine compliance with LU and PR-3. The applicant has stated in the development plan conditions that space will be set aside for development of a Greenway, but has not committed to physically constructing the greenway. The application may comply with LU-2.1.4, PR-1.7 and NCR The applicant has addressed preservation of existing vegetation in development plan condition #13. The proposal complies with LU and TR-2.1, as the applicant has committed to coordinating access with KYTC and WCPW and has shown interconnectivity between the proposed uses on the general development plan. A Traffic Impact Study was waived in lieu of a commitment from the applicant that the new access point on Stuart Farm Avenue will align with the entrance to the property located on the opposite side of the roadway. The proposal may comply with LU The Planning Commission should determine if the proposal is an opportunity for revitalization and redevelopment. The proposal may comply with LU-2.9. The Planning Commission should determine if the proposal protects the character of the Richpond area. The proposal complies with NCR-2.4.1, as the development is proposed in an area where adequate infrastructure already exists, and would not result in added development pressure on the rural areas of Warren County. The proposal may comply with HN-1. The Planning Commission should determine if the proposal is a suitable redevelopment project that will maintain or improve the existing character and pattern of development within the area. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

3 Z-CO & 2018-V-11 Page 3 of 34 Zone Change and Variance Staff Report SITE CHARACTERISTICS REVIEW Layout, lot sizes and setbacks: The proposed layout of the site is depicted on the attached general development plan. The applicant has requested for a 26-foot variance from the 40-foot rear yard setback that is required when adjacent to a single family residential use, for the setback to be 14 feet. Transportation Infrastructure: The development has frontage on Nashville Road, a State maintained rural major collector with right-of-way that varies and 24 feet of pavement width. The development will also have frontage on the planned Stuart Farms Avenue, which is currently proposed with right-of-way and pavement width that vary. Fire protection: This property is served by Woodburn Volunteer Fire Department. Water adequacy: This property is served by Warren County Water District (WCWD). Adequate water flow and pressure will be provided to the property. Wastewater adequacy: This property will be served by sewer. Natural features: The property is located on the edge of a large sinkhole. There are also mature trees located along the south and east property lines. Prime farmland: The property contains a soil type that classifies the property as prime farmland. Soil suitability: N/A Flood plains and wetlands: There are no known floodplains or wetlands known on this property. Cultural or historical features: There are no known unique cultural or historical features on the site. This application complies with the majority of the items in the Site Characteristics Review, with the exception of the rear building setback and the landscape buffer required adjacent to a single family use. SITE DESIGN and COMPATABILITY REVIEW Surrounding density: The surrounding density is generally rural and low density. There some moderate density residential uses in the general vicinity that have developed since sewer was expanded to the area. Surrounding land uses: Please see the attached existing land use map. The surrounding area is mainly comprised of agricultural and single family residential uses. There are two commercial uses and some public uses in the area. There are some vacant tracts in the general vicinity, as well. A new development is under construction adjacent to this property. That development, which received approval for a zone change in 2017, is planned to have a maximum of 80 single family residential units, 160 multi-family residential units, and some commercial uses. South Warren Middle and High schools and Buchanon Park are located nearby. Surrounding architectural features: The surrounding area includes large rural estate lots along Nashville Road with one- and two-story homes. There are sewered subdivisions with smaller lots, and a mixture of one-and two-story homes. Building materials review: The adjacent commercial property will contain 100% modern construction materials and no block or vinyl. The existing residence on the property is constructed of brick, and the existing accessory structure is constructed of metal. The applicant states in the development plan conditions that the exterior of all buildings on the property will be constructed of at least 50% brick, EFIS, stone masonry, or cementitious material. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

4 Z-CO & 2018-V-11 Page 4 of 34 Zone Change and Variance Staff Report Building orientation: The existing structures face Nashville Road. The applicant has stated in the development plan conditions that an addition to the existing commercial building (currently an accessory structure) will be constructed with a façade facing Nashville Road. Landscaping and screening: Landscaping and screening will adhere to the regulations set forth in the Zoning Ordinance, with the exception of the landscape buffer adjacent to a single family use, for which the applicant has requested a variance. Proposed open space: The lot coverage maximum for the proposed GB (General Business) zone is eighty percent (80%), meaning twenty percent (20%) of the property will remain as open space. Connectivity: The applicant has stated in the development plan conditions that there will be space set aside for the development and construction of a Greenway, but the applicant has not committed to physically constructing such greenway. Pedestrian, bicycle or transit facilities: There is an existing Greenway that terminates at the intersection of Nashville Road and South Glen Gables Boulevard. Sidewalks will be installed within the adjacent Stuart Farm development. AREA SPECIFIC POLICY REVIEW Applicable plan(s): There are no focal point plans or corridor studies applicable to this property. GENERAL DEVELOPMENT PLAN / DEVELOPMENT PLAN CONDITIONS The applicant has submitted the following Development Plan Conditions to help address compatibility with the surrounding area: 1) All new utilities will be located underground. 2) The following uses shall be prohibited on the property: bingo parlor, pawn shop, tattoo parlor, adult entertainment or any sale, rental or display of pornography or adult books, fueling station or fuel sales, vehicle sales or service. 3) Hours of operation for any non-residential use on the property shall be between the hours of 6 am and 10 pm, excluding ATMs. 4) The property will be developed with a maximum of two entrances, one existing entrance onto U.S. 31W to be upgraded and to be coordinated with KYTC as well as one new entrance onto Stuart Farm Avenue located directly across from the proposed entrance to the HB lot and to be coordinated with the Warren County Public Works Department. 5) The owner agrees set aside space for the development and construction of the Greenways trails. 6) No building located on the property shall exceed two (2) stories in height. 7) No building located on the property shall exceed 10,000 square feet. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

5 Z-CO & 2018-V-11 Page 5 of 34 Zone Change and Variance Staff Report 8) The exterior of all buildings on the property shall be constructed of at least fifty percent (50%) brick, EFIS, stone masonry or cementitious material. 9) Block and vinyl will not be allowed as an external façade on any buildings, except in soffits. 10) Lighting on the property will be down-lighting, not to exceed 16 feet in height, high intensity discharge shoebox luminary type or wall-packed lighting. 11) The property shall be developed with a maximum of one monument style sign, which shall not exceed ten (10) feet in height with a total sign face area of one hundred (100) square feet on each sign face. Any wall signage shall meet the requirements of the Zoning Ordinance. LED signs shall not be permitted on any building lot. 12) Any addition to the existing buildings or new buildings on the property will be constructed with a front façade oriented toward Nashville Road. 13) All existing trees located on the perimeter of the development along the north, east and south property lines which have a caliper of eight (8) inches or greater and which are located within ten (10) feet of the property line will be maintained during development and construction on the property. The proposed General Development Plan meets a majority of the review criteria for site design. Compatibility of the proposed development should be determined by the Planning Commission. The application will be subject to further review for compliance with Zoning Ordinance requirements at the building permit level portion of the review process, if approved. ZONING ORDINANCE REFERENCE FOR VARIANCE The provisions of the Zoning Ordinance from which these variances are requested are referenced in Article 4, Section Article C.1 Additional Setback Adjacent to Single Family Residential District/Uses Commercial Districts (OP-C, HB and GB) A rear yard shall have a minimum 40-foot rear yard setback, and a side yard shall have a minimum 20-foot side yard setback. Article D.2.d Buffers between incompatible land uses All buffers located between incompatible land uses must be a minimum of ten feet in width. VARIANCE FINDINGS KRS Findings necessary for granting a variance: (1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether: (a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

6 Z-CO & 2018-V-11 Page 6 of 34 Zone Change and Variance Staff Report (b) The strict application of the provisions of the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and (c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought. (2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought. In order to address the findings necessary for granting a variance as outlined in KRS , the applicant submitted the following narrative as a part of their application: The existing accessory building on the property would become a second primary structure if the requested zone change to General Business is approved and would require a new 40-ft rear setback line which would create the need for a 26-ft variance from this new 40-ft rear setback line. The lot directly adjacent to the area in question has been designated as a drainage area for a proposed basin to serve the new development behind the subject property. Two more variances are requested from the 10-ft incompatible use landscape buffer only for the area along the concrete apron to the rear of the existing building. Additional landscaping along the east and south boundaries will be provided to offset the shortage of landscape next to the existing concrete apron. The owner respectfully requests the approval of these variances as well as the zone change to General Business. STAFF REVIEW SUMMARY The proposed development may be appropriate given the Future Land Use Map and category. The applicant is proposing to convert the existing single family residential home into a commercial use, such as a bank, and to add on to the existing commercial structure for a lawn care company. The applicant is also requesting a variance of 26 feet from the required rear setback of 40 feet between property zoned GB and a residential district/use for the existing commercial structure. The applicant is also requesting a variances from the required 10-foot minimum landscape buffer along the concrete apron to the rear of the existing structure located on the southeast portion of the property. The proposal complies with a majority of the criteria assessed in the review process. The Planning Commission should determine if the proposal is compatible with the area and if it meets the goals and objectives of the Comprehensive Plan. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

7 Z-CO & 2018-V-11 Page 7 of 34 Zone Change and Variance Staff Report SUGGESTED MOTIONS (Zone Change) I make the motion to APPROVE the proposed Zoning Map Amendment, together with and conditioned upon the General Development Plan, docket number Z-CO. Based upon the testimony and documents presented in this public hearing, the proposed Zoning Map Amendment is consistent with the adopted FOCUS 2030 Comprehensive Plan as demonstrated by its compliance with the following objectives and action items: Choose all that apply: LU LU LU-1.1.3* LU-2* LU-2.1.3* LU-2.1.4* LU LU-2.5.3* LU-2.9* TR-2.1 PR-1.7* PR-3* NCR-1.1.6* NCR HN-1* Therefore, the proposed Zoning Map Amendment is in agreement with the adopted Comprehensive Plan. Further, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing. I make the motion to DENY the proposed Zoning Map Amendment, docket number Z-CO. Based upon the testimony and documents presented in this public hearing, the proposed Zoning Map Amendment is not consistent with the adopted FOCUS 2030 Comprehensive Plan as demonstrated by its noncompliance with the following objective and action items: Choose all that apply: LU-1.1.3* LU-2* LU-2.1.3* LU-2.1.4* LU-2.5.3* LU-2.9* PR-1.7* PR-3* NCR-1.1.6* HN-1* Therefore, the proposed Zoning Map Amendment is not in agreement with the adopted Comprehensive Plan. Further, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing. *Denotes items in both the APPROVE and DENY motions. (motion for variances continued on next page) City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

8 Z-CO & 2018-V-11 Page 8 of 34 Zone Change and Variance Staff Report MOTION TO APPROVE THE VARIANCE REQUEST: I make the motion to approve the request for variances at 8570 Nashville Road, Docket number 2018-V-11: 1) A variance of 26 feet from the 40-foot rear yard setback required between property zoned GB (General Business) and a residential district/use to allow the existing building located on the southeast corner of the property to be located 14 feet from the rear property line; 2) A variance of 6 feet from the 10-foot minimum landscape buffer between incompatible land uses to allow the landscape buffer to be 4 feet along the concrete apron to the east of the existing building; and 3) A variance of 4 feet from the 10-foot minimum landscape buffer between incompatible land uses to allow the landscape buffer to be 6 feet along the concrete apron to the south of the existing building. The testimony presented in this public hearing has shown that the granting of this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; and will not allow an unreasonable circumvention of the requirements of the zoning regulations. MOTION TO DENY THE VARIANCE REQUEST: I make the motion to deny the request for variances at 8750 Nashville Road, Docket number 2018-V-11: OR 1) variance of 26 feet from the 40-foot rear yard setback required between property zoned GB (General Business) and a residential district/use to allow the existing building located on the southeast corner of the property to be located 14 feet from the rear property line; 2) A variance of 6 feet from the 10-foot minimum landscape buffer between incompatible land uses to allow the landscape buffer to be 4 feet along the concrete apron to the east of the existing building; and 3) A variance of 4 feet from the 10-foot minimum landscape buffer between incompatible land uses to allow the landscape buffer to be 6 feet along the concrete apron to the south of the existing building. Sufficient testimony has not been presented in this public hearing that the requested variance meet the criteria set forth in KRS , "Findings necessary for granting variances," as: (Choose one or more appropriate finding(s) and specific items) will adversely affect the public health, safety or welfare. will alter the essential character of the general vicinity. will cause a hazard or a nuisance to the public will allow an unreasonable circumvention of the requirements of the zoning regulations. The proposed development plan does not show that the requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; The proposed development plan does not show that the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; The circumstances are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

9 Z-CO & 2018-V-11 Page 9 of 34 STUART FARM AVENUE NASHVILLE NASHVILLE RD AERIAL Z - CO V Feet

10 Z-CO & 2018-V-11 Page 10 of 34 RS-1A BE GABLE RIDGE LANE HB BE HB BE HB BE R-E R-E R-E R-E R-E HB BE HB BE P BE SUNBURST DRIVE HB BE HB BE RM-4 BE NASHVILLE RD MERRILL CIRCLE SOUTH MCELWAIN RD HB BE P R-E R-E P EXISTING ZONING Z - CO V - 11 CB F HB HI LI NB OP-C OP-R PUD R-E RM-2 RM-4 RR RS-1A RS-1C RS-1D GB MHP P RM-3 RS-1B Feet

11 Z-CO & 2018-V-11 Page 11 of 34 GABLE RIDGE LANE SUNBURST DRIVE NASHVILLE RD MERRILL CIRCLE SOUTH MCELWAIN RD RICULTURAL COMMERCIAL INDUSTRIAL EXISTING LAND USE Z - CO V - 11 PUBLIC-INSTITUTIONAL MULTI-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL PUBLIC VACANT Feet

12 Z-CO & 2018-V-11 Page 12 of 34 GABLE RIDGE LANE Governmental Rural Village Mixed Use - R SUNBURST DRIVE Mixed Use - R Mixed Use - R NASHVILLE RD MERRILL CIRCLE Mixed Use - R SOUTH MCELWAIN RD Mixed Use - R Mixed Use - R Agriculture Agriculture Parks/Open Space FUTURE LAND USE Z - CO V - 11 Agriculture Agriculture Rural Village Agriculture Agriculture High Density Residential Mixed Use / Residential Institutional / Governmental Open Space, Parks & Recreation Agriculture Rural Density Residential Mixed Use / Commercial Cemetery Road Overlay Agriculture Agriculture Agriculture Residential Commercial Lovers Lane Overlay Moderate Density Residential Industrial Agriculture

13 Z-CO & 2018-V-11 Page 13 of PLAT BOOK 42, PES OVERLOOK AT STUART FARM, LLC DB. 1158, P. 914 PVA# 031A-10F-058 (ZONED RM-4/BE) 60 PROP. FH PLAT BOOK 42, PES TWO PARTNERS, LLC DB. 1145, P. 130 PVA# 031A-10F-060 (ZONED HB/BE) APPROX. 1,764-FT TO CENTERLINE OF SOUTH GLEN GABLES BLVD. STUART FARM AVENUE SS S SS SS SS SS SS SS SS SS SS SS SS SS ZONE CHANGE REQUEST TO GB W/ BE TOTAL: ACRES X X X X X X X X X X X X X SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU OHU EX. FH (PROPOSED R/W & PVM'T VARIES) 1 S 66 27'03" E ' PLAT BOOK 42, PES WOODLAND STATION DEVELOPMENT, LLC DB. 1145, P. 127 PVA# 031A-10F-001 (ZONED RS-1B/BE) 25-FT B.S.B.L. 2 N 30 22'55" E 13.10' N 20 56'56" E ' PLAT BOOK 42, PES WOODLAND STATION DEVELOPMENT, LLC DB. 1145, P. 127 PVA# 031A-10F-002 (ZONED RS-1B/BE) 40-FT REAR SETBACK LINE 8750 NASHVILLE ROAD U.S. HIGHWAY 31W - NASHVILLE ROAD 3 (R/W VARIES - 24-FT PVM'T) PLAT BOOK 42, PES WOODLAND STATION DEVELOPMENT, LLC DB. 1145, P. 127 PVA# 031A-10F-003 (ZONED RS-1B/BE) S 20 13'27" W ' DRAINE EASEMENT 1 MINOR PLAT BOOK 18, PE 184 BROWN DB. 1107, P. 208 PVA# 031A-10G (ZONED ) 111,359 S.F AC. N 18 51'08" E ' EXISTING BUILDING 25-FT B.S.B.L. & UTILITY EASMENT N 74 59'23" W ' N NE E NW SE W SW S SCALE: 1 = 60 FLOOD NOTE: I HEREBY CERTIFY THAT THE PROPERTY AS SHOWN HEREON IS NOT IN A 100 YEAR FLOOD PLAIN AS LOCATED BY FLOOD INSURANCE RATE MAPS #21227C0295E, DATED MAY 2, UTILITY NOTE: UTILITIES SHOWN HEREON WERE LOCATED FROM FIELD EVIDENCE AND OTHER AVAILABLE RECORDS. OTHER UTILITIES MAY EXIST THAT MAY NOT BE SHOWN. NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO THE LOCATION OF THE UTILITIES. FOX DB. 902, P. 138 PVA# 031A-11 (ZONED ) GENERAL LEGEND: W SW NW N S NE SE E OWNER: MONTIE BROWN 8750 NASHVILLE ROAD BOWLING GREEN, KY REZONING PLAT FOR: BOWLING GREEN, KY MOREHEAD RD RICHPOND-ROCKFIELD ROAD NASHVILLE ROAD U.S. 31W SKEES RD SITE DILLARD RD RICHPOND ROAD VICINITY MAP NOT TO SCALE GENERAL NOTES: 1. SOURCE OF TITLE: DEED BOOK 1107, PE TOTAL AREA OF THIS SURVEY: ACRES. 3. THIS SURVEY IS SUBJECT TO ALL FACTS THAT MAY BE DISCLOSED BY A FULL AND ACCURATE TITLE SEARCH. 4. DATE OF FIELD SURVEY: JUNE 5, SOURCE OF BEARING: NAD83, KY SOUTH ZONE. 6. THE SURVEY AS SHOWN HEREON IS A RURAL SURVEY AND THE ACCURACY AND PRECISION OF SAID SURVEY MEETS ALL THE SPECIFICATIONS OF THIS CLASS. 7. THIS PLAT REPRESENTS A BOUNDARY SURVEY AND COMPLIES WITH 201 KAR 18: THE BEARINGS AND DISTANCES AS SHOWN HEREON ARE BASED ON AN UNADJUSTED RANDOM TRAVERSE. 10. UNADJUSTED CLOSURE 1:30, ALL SET IRON PINS SHOWN ARE 5/8-INCH DIAMETER BY 18-INCHES LONG REBAR WITH YELLOW PLASTIC CAPS STAMPED "L SLAVEY KY 3922". MONUMENT FOUND IRON PIN SET EXISTING GUY WIRE EXISTING POWER POLE EXISTING FIRE HYDRANT EXISTING SEWER MANHOLE KIRBY LOID PROPERTY SUBDIVISION MINOR PLAT BOOK 18, PE NASHVILLE ROAD (U.S. HWY 31W) WARREN COUNTY, KY 9 PLAT BOOK 22, PE 5 SNYDER HOLDINGS, LLC DB. 1153, P. 654 PVA# 031A (ZONED RE/BE) 8 PLAT BOOK 22, PE 5 PROW DB. 687, P. 808 PVA# 031A (ZONED RE/BE) 7 PLAT BOOK 22, PE 5 OBRIEN DB. 596, P. 194 PVA# 031A-15 (ZONED RE/BE) VAN METER & SLAVEY, LLC PROFESSIONAL ENGINEERING - LAND SURVEYING W 1015 Shive Lane - Bowling Green, KY P : F : E : lsslavey@att.net DRAWN BY: RHM CHECKED BY: LLS V&S JOB #: SW NW S NE SE E SURVEY DATE: PLOT DATE: SHEET: 1 OF 1

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33 Z-CO & 2018-V-11 Page 33 of 34 Rachel Hurt From: Rachel Hurt Sent: Tuesday, June 19, :30 PM To: 'mgb bchad Cc: Rodney McGaughey; Lucas Slavey; Ben Peterson Subject: Staff Comments: Proposed Zone Change and Variance for 8750 Nashville Road Attachments: Development Plan Conditions Template.docx; image003.png Mr. Brown, In reviewing your application for the proposed rezoning and variances for the property located at 8750 Nashville Road, staff has generated the following comments for your consideration: Zone Change Application Recent changes to the Zoning Ordinance (adopted May 18, 2018) replace any previous reference to the term binding elements with a term known as development plan conditions. Development plan conditions will function identically as any previous binding elements. I am sorry for any inconvenience this may cause, but we will need a revised copy of your proposed development plan conditions (former binding elements) to be submitted in the format outlined in the attached template. Please note that a notary signature is no longer required. Proposed development plan condition number 2 (permitted uses) is already addressed by the Zoning Ordinance and can be omitted. Would you consider an addition to the currently proposed development plan condition regarding access to the property stating that the new entrance along Stuart Farm Avenue would align with the entrance to the HB lot located across from the property on Stuart Farm Avenue (this was noted as a request by Josh Moore, Public Works Director, in an e mail dated 6/6/2018)? There is a development plan condition currently proposed that the owner set aside space for development and construction of the planned greenway trail along Nashville Road. The adjoining HB zoned properties (Stuart Farms Property) also include provisions for the construction of the planned greenways path in the event that it is not already constructed before the development reaches X percent. Would you consider an addition to this particular development plan condition, similar to what was included in the development plan conditions for the adjoining commercial properties? To help address compatibility with surrounding properties, would you consider an addition to your development plan conditions prohibiting block and vinyl, similar to the approved development conditions for the adjoining commercial properties? The second portion of the development plan condition regarding lighting, designed to minimize light trespass onto adjacent residential property and shall not exceed 0.5 foot candles at the property line can be omitted. It is now a requirement of the Zoning Ordinance. The currently proposed development plan condition referencing building orientation requires that the proposed addition to the existing commercial building be constructed with a front façade facing Nashville Road. Would you also consider a development plan condition for other newly constructed buildings on the property (if the 1

34 remaining portion is ever redeveloped) requiring that other new buildings would also have a front façade oriented toward Nashville Road? Can you please clarify the intent of the proposed development plan condition that states that preservation of mature trees will be encouraged? Perhaps you could specify which trees in which areas would be preserved (i.e. that trees of a certain caliper or greater be preserved within X feet of the property line). To help address compatibility with surrounding residential uses, would you consider an additional development plan condition to address hours of operation for the property (excluding ATMs)? Variance Application Recent changes to the Zoning Ordinance (adopted May 18, 2018) now require a 10 foot minimum landscape buffer between incompatible land uses, meaning the variance request will need to be a variance of 6 feet along the eastern property line, instead of a variance of 1 foot. It appears that an additional variance may also be needed along the southern property line. Would you consider a condition as part of your variance application that these variances are only requested along the portion the property that is adjacent to the existing concrete apron and that the minimum landscaping requirements would be adhered to for the remaining portion of the above referenced property lines? Would you also consider increasing the landscape buffers in these areas to make up for the reduction in landscaping requested as part of the variance application? To ensure timely delivery of meeting materials to our Planning Commissioners, please submit any revisions you may have no later than Tuesday, June 26th at 2:00 PM. In the meantime, please let me know if you have any questions or concerns regarding the above comments. I am happy to assist however I can! Sincerely, Rachel Hurt Planner III Z-CO & 2018-V-11 Page 34 of State Street Bowling Green, KY