Tuss and Lisa Taylor. Agriculture

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1 ZONE CHANGE STAFF REPORT CCPC City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY DOCKET/CASE/APPLICATION NUMBER Z-CO PUBLIC HEARING DATE July 5, 2018 APPLICANTS/PROPERTY OWNERS Tuss and Lisa Taylor Z-CO Page 1 of 28 PROPERTY ADDRESS/LOCATION Louisville Road PRE-APP DATE November 17, 2017 PVA PARCEL NUMBER 071A-52 (portion) BRIEF SUMMARY OF REQUEST: The applicants are proposing to rezone 1 acre, located at Louisville Road, from () to NB (Neighborhood Business), in order to operate a commercial use on the property. MAP SOURCE: CURRENT ZONING PROPOSED ZONING FUTURE LAND USE SIZE OF PROPERTY OTHER INFORMATION CURRENT LAND USE Single Family Residential NB PROPOSED LAND USE Commercial FLUM AMENDMENT Yes No 1 Acre 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 () since zoning was established in Warren County in COMPATIBILITY with COMPREHENSIVE PLAN: The property is designated Agricultue on the FLUM. The proposed NB zone is not listed as a potentially compatible zoning designation in the FLUM category. However, the applicants are arguing, as part of their application that the original zoning of the property was inappropriate, as the property began operating as a commercial use in The proposed zoning may be appropriate if the Planning Commission determines that the proposed development is compatible with the surrounding area. COMPATIBILITY with the SURROUNDING DEVELOPMENT: A site characteristic review indicates that there are adequate facilities available to support the proposed development. Site design has been addressed in the General Development Plan (preliminary development plan) and Development Plan Conditions, in conjunction with the requirements of the Zoning Ordinance. The proposed zoning map amendment may be appropriate if the Planning Commission deems the proposed development compatible with the surrounding area. POINTS TO CONSIDER: The proposal is exempt from FLUM compliance. A commercial use was operated on the property since 1968 before countywide zoning or the Future Land Use Map were adopted. The proposed development generally complies with a majority of the site characteristics review criteria. The proposed General Development Plan generally complies with a majority of the review criteria for site design and compatibility, and meets the minimum requirements of the Zoning Ordinance. This property does not have adequate water flow to meet the fire protection requirements of Warren County. However, before any future building permits can be issued for the property, adequate water must be provided to the property or an alternative fire protection plan, as outlined in Section 1.13 of the Zoning Ordinance, approved by the Warren County Public Works Department.

2 Z-CO Page 2 of 28 Zone Change 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: (please see the attached Future Land Use Map) Applicable Goals, Objectives and/or Actions Items Future Land Use: LU-1.1.1, LU-1.1.2, LU-1.1.3, LU-1.1.4, LU-2.1.4, LU-2.3.1, LU-2.9 Transportation: N/A Community Facilities: CF-2.6 Parks and Recreation: PR-1.7 Natural and Cultural Resources: NCR-1.1.6, NCR-2.4 Housing and Neighborhoods: N/A Economic Development: ED-3 The Agricultural land use designation applies to those rural areas relatively remote from the expanding rural-suburban fringe, where agricultural uses are predominant with small- and large-scale farm operations. This classification can also include undeveloped areas used for open space and large-tract single family residential property. This proposal is exempt from FLUM compliance and complies with LU and LU and LU-1.1.4, as the proposal is a correction of a zoning map error. To address this exemption as outlined in LU-2.1.4, the applicants submitted the following information with their application: This property operated as a country store and gas station for 48 years from January, 1968 until April of The store operated as Massey s Grocery Store by Florance Massey. The building was in poor repair and was renovated in 2017 for the purpose of neighborhood commercial retail store, convenience goods and services. The Planning Commission should determine if the proposal is compatible with the area and if it complies with LU The proposal complies with LU The applicants have committed that any modifications or additions to the existing access points along Louisville Road (US 31W) or Otter Gap Road (KY 2326) shall be coordinated with and approved by the Kentucky Transportation Cabinet. The Planning Commission should determine compliance with LU-2.9. The current structure has operated as a commercial use since 1968 until renovations were made to the existing structure in The applicants have committed that any improvements to the property or redevelopment of the site will be similar in size and scale and utilize materials similar to those that exist on the exterior of the current structure. The proposal complies with CF-2.6. The property will utilize the existing septic system on the property, which was inspected in November of The Planning Commission should determine compliance with LU-2.1.4, PR-1.7 and NCR It is the understanding of staff that the property will be utilized as-is, and no changes are planned that would impact the existing trees on the property. The Planning Commission should determine compliance with NCR-2.4. The applicants are planning to utilize the property in the same manner as it has operated since No changes are proposed to the property at this time that would alter the landscape as it currently exists today. The proposal complies with ED-3, as the proposed development is a small business and entrepreneurial endeavor. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

3 Z-CO Page 3 of 28 Zone Change Staff Report SITE CHARACTERISTICS REVIEW Layout, lot sizes and setbacks: The new lot is proposed to be approximately an acre in size, as shown on the attached Preliminary Development Plan. Photos of the site and existing building are included for your reference. Transportation Infrastructure: The property has frontage US Highway 31W (Louisville Road), a State maintained rural minor arterial with sixty (60) feet of right-of-way and thirty-three and a half (33.5) feet of pavement width. The property also has frontage on Otter Gap Road (KY Highway 2326), a State maintained rural local roadway with forty (40) feet of right-of-way and seventeen (17) feet of pavement width. Fire protection: This property is served by the Smiths Grove Volunteer Fire Department. Water adequacy: This property is served by Warren County Water District (WCWD) and does not have adequate water flow to meet the fire protection requirements of Warren County. Before any future building permits can be issued for the property, adequate water must be provided to the property or an alternative fire protection plan, as outlined in Section of the Zoning Ordinance, approved by the Warren County Public Works Department. Wastewater adequacy: The proposed lot will utilize an on-site septic system, which was last inspected in November of Natural features: There are a handful of existing trees on the property. Prime farmland: The property is designated as farmland of statewide importance. Soil suitability: N/A Flood plains and wetlands: There are no known floodplains or wetlands known on this property. Cultural or historical features: The existing structure was built in It is not currently listed on the National Register of Historic Places or locally designated historic, but is eligible for designation. This application generally complies with the majority of the items in the Site Characteristics Review. SITE DESIGN and COMPATABILITY REVIEW Surrounding density: The majority of the surrounding area is agricultural with a few rural residential properties also located nearby. Surrounding land uses: Please see the attached existing land use map. The surrounding area is mainly comprised of agricultural uses. There are also a handful of residential properties and several vacant tracts in the general vicinity. Surrounding architectural features: Most of the homes in the area are one and one and a half-story single family homes. Some agricultural buildings are two and three stories. The existing structure is one story. Building materials review: Most of the homes in the area are constructed a mixture of brick, vinyl, and modern materials. Agricultural buildings in the area are constructed of wood or metal. The existing structure is comprised of finished materials that include brick and metal. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

4 Z-CO Page 4 of 28 Zone Change Staff Report Building orientation: The existing structure faces Louisville Road. Landscaping and screening: Compliance with the Zoning Ordinance s landscaping requirements will be required if triggered by future improvements on the property. Proposed open space: The maximum allowable lot coverage in the NB zone is 70%, meaning that 30% of the property will remain as open space. Connectivity: N/A Pedestrian, bicycle or transit facilities: N/A 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 applicants have submitted the following Development Plan Conditions to help address compatibility with the surrounding area: 1) Any freestanding signage would be unlit, no larger than 24 sq. ft. in the face area and no taller than five (5) feet in height. 2) The following uses will be prohibited on the property: bingo parlor, any sale, rental or display of pornography, adult books or adult entertainment, bar and lounge or commercial parking. 3) All lighting will be shoe-box style lighting directed downward and away from adjacent residential uses and should be shielded to prevent light trespass or reflection onto adjoining property. 4) Hours of operation shall be daily from 5 AM through 10 PM. 5) Any modifications or additions to the existing access points along Louisville Road (US 31W) or Otter Gap Road (KY 2326) shall be coordinated with and approved by the Kentucky Transportation Cabinet. 6) Any improvements to the property or redevelopment of the site will be similar in size and scale and utilize materials similar to those that exist on the exterior of the current structure. The proposed General Development Plan meets a majority of the review criteria for site design and compatibility. STAFF REVIEW SUMMARY The proposed development may be appropriate given the FLUM exemption outlined in LU The property operated as a commercial use beginning in 1968, before countywide zoning and the Future Land Use Map were adopted. The applicants are proposing to subdivide the property to be used for a commercial use from an existing tract and plan to add the remaining acreage to an adjoining piece of 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. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

5 Z-CO Page 5 of 28 Zone Change Staff Report SUGGESTED MOTIONS 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 LU-2.1.4* LU LU-2.9* CF-2.6 PR-1.7* NCR-1.1.6* NCR-2.4* ED-3 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 non-compliance with the following objective and action items: Choose all that apply: LU-1.1.3* LU-2.1.4* LU-2.9* PR-1.7* NCR-1.1.6* NCR-2.4* 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. The Planning Commission should determine compliance with these items. City-County Planning Commission warrenpc.org (270) State Street Bowling Green, KY 42101

6 Z-CO Page 6 of 28 D PR GA TER OT RD E ILL V S UI LO AERIAL Z - CO Feet

7 Z-CO Page 7 of 28 R-E R-E R-E R-E TUCKERTOWN RD R-E R-E OTTER GAP RD R-E LOUISVILLE RD R-E HB NB OAKLAND RD EXISTING ZONING Z - CO PUD RM-4 RS-1C R-E CB F GB HI OP-C R-E LI OP-R RM-2 MHP P RM Feet RR RS-1A RS-1B W R HELTON RD RS-1D

8 Z-CO Page 8 of 28 TUCKERTOWN RD OTTER GAP RD LOUISVILLE RD OAKLAND RD EXISTING LAND USE Z - CO RICULTURAL PUBLIC-INSTITUTIONAL COMMERCIAL INDUSTRIAL PUBLIC MULTI-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL VACANT Feet W R HELTON RD

9 Z-CO Page 9 of 28 TUCKERTOWN RD OTTER GAP RD LOUISVILLE RD OAKLAND RD FUTURE LAND USE Z - CO Rural Village Rural Density Residential Low Density Residential Moderate Density Residential High Density Residential Mixed Use / Residential Mixed Use / Commercial Commercial Industrial Institutional / Governmental Open Space, Parks & Recreation Cemetery Road Overlay Lovers Lane Overlay W R HELTON RD

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11 APPLICATION FOR ZONING AMENDMENT Photographs: June 25, Z-CO Page 11 of 28 Property Address: Louisville Road, Bowling Green, Kentucky View of south side of building View of southeast side of building

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27 Z-CO Page 27 of 28 Rachel Hurt From: Sent: To: Cc: Subject: Attachments: Rachel Hurt Tuesday, June 19, :51 PM 'tuss Ben Peterson Staff Comments: Proposed Zone Change Louisville Road Development Plan Conditions Template.docx Mr. and Mrs. Taylor, In reviewing your application for the proposed rezoning of the property located at Louisville Road, staff has generated the following comments for your consideration: 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. LU of the FOCUS 2030 Comprehensive Plan looks at improving access management in order to reduce traffic conflicts and enhance safety along the roadway. Would you consider an additional development plan condition to address this item? Perhaps something similar to, Any modifications or additions to the existing access points along Louisville Road (US 31W) or Otter Gap Road (KY 2326) shall be coordinated with and approved by the Kentucky Transportation Cabinet. LU 2.9 and NCR 2.4 of the FOCUS 2030 Comprehensive Plan encourage protection of rural areas from development that is out of character and preservation of Warren County s agricultural landscapes and scenic rural corridors. Would you consider incorporating an additional development plan condition as a part of your application to address these particular goals from the Comprehensive Plan? Perhaps something similar to, Any improvements to the property or redevelopment of the site will be similar in size and scale and utilize materials similar to those that exist on the exterior of the current structure. Proposed development plan condition (binding element) 1 states that no sign will be taller than 10 feet in height. Recent changes to the zoning ordinance (adopted May 18, 2018) allow a maximum height of 5 feet for freestanding signs in the proposed NB (Neighborhood Business) zone. Can you please revise this condition accordingly? I believe there may be a few typos in proposed development plan condition 2. I believe the word of should be or and that there should be a comma between bar and lounge (see below). Can you please revise accordingly? The following uses will be prohibited on the property: bingo parlor, any sale, rental or display of pornography, adult books of adult entertainment, bar lounge or commercial parking. 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 12:00 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! 1

28 Z-CO Page 28 of 28 Sincerely, Rachel Hurt Planner III 1141 State Street Bowling Green, KY