2017-14-LUM & 2017-79-Z-CO / WB Page 1 of 12 UTURE LAND USE MAP AMENDMENT AND ZONE CHANGE STA REPORT Docket Numbers: 2017-14-LUM and 2017-79-Z-CO/WB Public Hearing Date: November 16, 2017 Pre-Application Conference: September 21, 2017 Description of Request: The applicants are proposing to amend the uture Land Use Map (LUM) from to Rural Density Residential for multiple properties located on Morris Duff Road. The total acreage associated with the proposed LUM amendment is 8.42 +/- acres and also encompasses a property having frontage on Stewart Lane. If the LUM amendment is approved, the applicants would like to rezone 6.53 acres from () to (Residential Estate). Approximately 1.83 acres would be added to the existing residential tracts located at 385, 311 and 444 Morris Duff Road, as well as 456 Clark Street. The remaining 4.7 acres, located at 507 Morris Duff Road would be subdivided into two lots, with the existing home to remain on 3.7 acres. An exhibit depicting the boundaries for the proposed LUM amendment and zoning districts is attached for your reference. The applicants have also agreed to certain site restrictions as outlined in the Binding Elements for a portion of the development. Roadway Considerations: The proposed development is made up of several tracts of land, and portions thereof, currently having frontage along Morris Duff Road and Stewart Lane. Morris Duff Road is a County maintained rural local roadway, with fifty (50) feet of right-of-way and sixteen (16) feet of pavement width. Stewart Lane is a County maintained rural local roadway, with fifty (50) feet of right-of-way and sixteen (16) feet of pavement width. Applicants/Property Owners: John L. Vance Estate Bobby Dean Vance c/o Patricia Miller 385 Morris Duff Road 444 Morris Duff Road Woodburn, KY 42170 Woodburn, KY 42170 Debbie Varney 411 Morris Duff Road Woodburn, KY 42170 Jeff and Diane McElroy 465 Clark Street Woodburn, KY 42170 Hal and Patricia Miller 444 Morris Duff Road Woodburn, KY 42170 Location of Development: LUM Amendment - 0 (portion), 385, 411, 444 & 507 Morris Duff Road Zoning Map Amendment - 0 (portion) and 507 Morris Duff Road PVA Parcel Numbers: LUM Amendment - 033A-13A-001, 002, 038 and 063 Zoning Map Amendment - 033A-13A, and 032B-01-039 (portion) Development Sizes: LUM Amendment - 8.42 acres Zoning Map Amendment - 6.53 acres Current Zoning: Proposed Zoning: Current LUM: () (Residential Estate) Agricultural Existing Land Use: Agricultural and Single amily Residential Proposed LUM: Rural Density Residential Zoning History: () is the original zoning for the properties. The property located at 444 Morris Duff Road was rezoned from () to R-1 (Single amily Residential) in 1985, and was then converted to (Residential Estate) in 2001, through an amendment to the Zoning Ordinance. The property located at 465 Clark Street was rezoned from () to (Residential Estate) through an application initiated by the City of Woodburn, re-establishing the base zoning districts for the incorporated areas of Woodburn, in 2005. The properties at 385 and 411 Morris Duff Road were converted from () to (Residential Estate) in 2014 through the () to (Residential Estate) conversion initiated by the Planning Commission.
2017-14-LUM & 2017-79-Z-CO / WB Page 2 of 12 ZONE CHANGE STA REPORT (Continued) Existing Land Use of the Surrounding Area: The surrounding area is comprised of agricultural and single family residential. There are also some vacant tracts in the general vicinity. uture Land Use Map (LUM) Designation: 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. Application Review: Additional Documentation Required: X _ Comprehensive Plan Compliance/LUM N/A _ Traffic Impact Study Existing Zoning Inappropriate N/A Environmental Assessment Major Changes (economic, physical, or social) X Concept Plan X _ LUM Amendment N/A Other LUM AMENDMENT LU-1.1.4 The following is a recommended protocol for the use of the uture Land Use Map and amending the LUM: Procedures for Amending the LUM The Planning Commission s approval of a LUM amendment request should be based on at least one of the following criteria: A demonstrated over-riding public benefit of the proposed development (this may include the provision of a major public facility or amenity, the provision of a major source of employment or an economic development asset that cannot be accommodated in a location consistent with the current LUM). The request is a correction of inconsistencies or mapping errors contained within the LUM. That the proposed use is clearly compatible with existing surrounding development as demonstrated by the applicant. This review should include a compatibility assessment of the proposed use, which includes, but is not limited to, location and bulk of buildings and other structures, building height, building materials, intensity of use, density of development, location of parking and signage within the surrounding area. In addition, the applicant must prove that the proposed amendment will not result in development that exceeds the capacity of existing infrastructure (such as roads, water, sewer and stormwater). The applicants are requesting to amend the LUM from Agricultural to Rural Density Residential. The Rural Density Residential land use designation applies to those areas relatively close to the suburban fringe. It also applies to areas where property fragmentation has occurred within unincorporated areas or near farming activities through provisions for exception lots in the zoning district or through re-zoning and incremental subdivision of land as Residential Estate lots with gross densities ranging from zero (0) dwelling units per acre to one (1) dwelling unit per acre. The applicants have included the following narrative as part of their application to address the criteria to amend the uture Land Use Map, listed above: On the south side of Morris Duff Road. The 3.7 acres and existing residence would be subdivided from an existing 5.2 acre tract with the remaining portion to be subdivided into an additional 1 acre building lot and an additional.38 acre to be combined with adjoining property owner To make a total lot area of 1.38 acres..35 of an acre to be combined with an additional joining property owner to make a lot of 1.24 acres.
2017-14-LUM & 2017-79-Z-CO / WB Page 3 of 12 LUM AMENDMENT (Continued) On the north side of Morris Duff Road they are dividing a.60 of an acre tract and combining it with Deed book 544 page 774. They are dividing a track a.50 of an acre and combining with the book 543 page 65. The proposed LUM amendment is compatible with the existing surrounding development, as nothing is proposed to change with the application with the exception of the house being located on a smaller track an additional 1 acre lot created and the other lots are to be combined with existing tracts. DEVELOPMENT PLAN REVIEW Sec 3.10.3.E of the Zoning Ordinance states the following: Development Plan. As a condition to the granting of any amendment to the Official Zoning Map, the Planning Commission is authorized to require the submission of a development plan. The development plan shall be filed in accordance with the provisions and requirements of Sec. 3.11, Development Plans. Where agreed upon, this development plan shall be followed and shall be binding on all parties. A development plan may be either a general development plan or a detailed development plan or both as specified by Section 3.11. The OCUS 2030 Comprehensive Plan states in LU-1.1.3 the following: Requested re-zonings (zone changes) shall be reviewed for consistency with the LUM and the Development Review Provisions listed below. Unless specifically exempted by the Zoning Ordinance or by the Planning Commission, all zone change requests must be accompanied by a development plan including any or all of the following: location and bulk of buildings and other structures, intensity of use, density of development, streets, ways, parking facilities, signs, drainage of surface water, access points, a plan for screening and buffering utilities, existing and man-made and natural conditions and all other conditions requested by the Planning Commission and agreed to by the applicant. All proposals for new development must be assessed to determine their compatibility with the existing surrounding development. Compatibility may be shown because the proposed use is the same as the surrounding neighborhood, or it may be established by site design, buffering, control of access through the adjacent neighborhood or other measures. The applicants have submitted a set of Binding Elements to satisfy the requirements listed above for 4.70 acres located at 507 Morris Duff Road: 1) Maximum number of lots not to exceed 2. 2) It is stipulated that the water provided to the subject property does not meet the ire Control Standards of Warren County as required in the Warren County Zoning Ordinance, Section 1.13. The applicant agrees to place on the plat for this property recorded in the office of the Warren County Clerk, the following: At the time of recordation of this plat, the water provided to this property does not meet the ire Control Standards of Warren County. 3) Minimum square footage for residences is 1,200 square feet. 4) Manufactured Homes prohibited. 5) All new driveways to be paved. 6) The applicant shall obtain a site evaluation from the Barren River District Health Department for the installation of septic system on each lot prior to the recording of a plat.
2017-14-LUM & 2017-79-Z-CO / WB Page 4 of 12 COMPREHENSIVE PLAN REVIEW LU-1.1.1 The uture Land Use Map shall be used to determine the consistency which exists between future land use and development proposals. LU-1.1.2 The following land use categories are depicted on the LUM and shall be used in conjunction with the map to determine the consistency of land use and development proposals: Agricultural, Rural Density Residential, Low Density Residential, Moderate Density Residential, High Density Residential, Commercial, Mixed Use/Residential, Mixed Use/Commercial, Industrial, Institutional/Governmental, Open Space, Parks and Recreation and Rural Village. The subject property is depicted as Agricultural on the LUM, with a concurrent LUM amendment application filed to amend the LUM to Rural Density Residential. The Rural Density Residential land use designation applies to those rural areas relatively close to the suburban fringe. It also applies to areas where property fragmentation has occurred within unincorporated areas or near farming activities through provisions for exception lots in the zoning district or through re-zoning and incremental subdivision of land as Residential Estate lots with gross densities ranging from zero (0) dwelling units per acre to one (1) dwelling unit per acre. STA ANALYSIS If this request to amend the LUM to Rural Density Residential is approved, the applicants would like to rezone 6.53 +/- acres from () to (Residential Estate) in order to develop the properties as shown on the attached rezoning exhibit. The applicants have also supplied a narrative as a part of the LUM amendment application and Binding Elements for 4.70 +/- acres of the zone change application to address compatibility with the existing surrounding development.
2017-14-LUM & 2017-79-Z-CO / WB Page 5 of 12 MOTIONS (LUM Amendment) I make the motion to APPROVE the proposed uture Land Use Map Amendment, docket number 2017-14-LUM. Based upon the testimony and documents presented in this public hearing, the proposed LUM Amendment: Has met the directive to amend the LUM as outlined in LU-1.1.4 in the Comprehensive Plan. urther, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing. I make a motion to DENY the proposed uture Land Use Map Amendment, docket number 2017-14-LUM. Based upon the testimony and documents presented in this public hearing, the proposed LUM Amendment: Has not met the directive to amend the LUM as outlined in LU-1.1.4 in the Comprehensive Plan. urther, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing. Motion for Zoning Map Amendment on Next Page
2017-14-LUM & 2017-79-Z-CO / WB Page 6 of 12 MOTIONS (Zoning Map Amendment) I make the motion to APPROVE the proposed Zoning Map Amendment docket number 2017-79-Z-CO/WB. Based upon the testimony and documents presented in this public hearing, the proposed Zoning Map Amendment is consistent with the adopted OCUS 2030 Comprehensive Plan as demonstrated by its compliance with the following objective and action items: Choose all that apply: LU-1.1.1, LU-1.1.2 and/or LU-1.1.3; Therefore, the proposed Zoning Map Amendment is in agreement with the adopted Comprehensive Plan. urther, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing. I make a motion to DENY the proposed Zoning Map Amendment, docket number 2017-79-Z-CO/WB. Based upon the testimony and documents presented in this public hearing, the proposed Zoning Map Amendment is not consistent with the adopted OCUS 2030 Comprehensive Plan as demonstrated by its non-compliance with the following objective and action items: Choose all that apply: LU-1.1.3; Therefore, the proposed Zoning Map Amendment is not in agreement with the adopted Comprehensive Plan. urther, I request that this motion include the summary of evidence and testimony presented by the witnesses at this public hearing.
DONALD & TERESA DYER DEED BOOK 621, PE 56 032A-28B-001 L7 2017-14-LUM & 2017-79-Z-CO / WB Page 7 of 12 AARON PRICE DEED BOOK 949, PE 557 032B-01-036 LARRY SO JR. DEED BOOK 1121, PE 504 032B-01-037 98.66' 193.46' 0.60 ACRES 150.00' L5 HAL & PATRICIA MILLER DEED BOOK 554, PE 774 032B-01-038 L9 262.06' REMAINING LANDS O JOHN VANCE ESTATE TAX ID 032B-01-039 DEED BOOK 397, PE 696 ZONED 179.63' 128.60' MORRIS DU ROAD - 50' R.O.W. ~ 16' PAVEMENT L6 0.50 ACRES L8 BILLY & AYE RIDDLE DEED BOOK 447, PE 64 032B-01-040 158.00' HALL & PERNIE RIDDLE DEED BOOK 730, PE 570 032B-01-061 JE & DIANE McELROY DEED BOOK 543, PE 65 032B-01-063 WAYNE & MARTHA MOORE DEED BOOK 450, PE 345 M.S.P.B. 3, PG. 29 032B-01-064 CLARK STREET DAVID GARCIA DEED BOOK 922, PE 007 033A-13 JASON & DONNA BENNETT DEED BOOK 1134, PE 122 033A-13-001A BILLY & JOYCE ORD DEED BOOK 670, PE 567 033A-10A-001 ZONED STEWART LANE - 50' R.O.W. ~ 16' PAVEMENT 290.39' 132.28' 0.89 ACRES BOBBY & MARICA VANCE DEED BOOK 550, PE 191 M.S.P.B. 8, PE 113 LOT 1 033A-13A-001 0.35 ACRES 115.99'134.18' 134.94' 290.40' 113.28' 150.00' 109.88' 416.21' 1.00 ACRES MICHAEL & BEBBIE WILKERSON DEED BOOK 765, PE 03 033A-13A-002 150.00' 0.38 ACRES 150.01' 287.59' 110.26' 1.00 ACRES 109.88' 394.60' 808.55' 3.70 ACRES 413.72' HAROLD & SHEILA SMALLING DEED BOOK 687, PE 680 033A-15 ZONED 382.29' HAROLD & SHEILA SMALLING DEED BOOK 687, PE 680 033A-15 ZONED LUM AMENDMENT EXHIBIT ROM: RICULTURE TO: RURAL DENSITY RESIDENTIAL
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2017-14-LUM & 2017-79-Z-CO / WB Page 9 of 12 LETCHER ST NASHVILLE RD SOUTH ROBINSON ST CLARK ST WALNUT ST MORRIS DU RD Rural Density Rural Density Rural Density SOUTH COLLEGE ST STEWART LN UTURE LAND USE 2017-14 - LUM 2017-79 - Z - CO/WB Rural Village High Density Residential Institutional / Governmental Mixed Use / Residential Open Space, Parks & Recreation Rural Density Residential Mixed Use / Commercial Cemetery Road Overlay Low Density Residential Commercial Lovers Lane Overlay Moderate Density Residential Industrial
2017-14-LUM & 2017-79-Z-CO / WB Page 10 of 12 NASHVILLE RD MORRIS DU RD RR P RM-2 LETCHER ST P SOUTH ROBINSON ST RR CLARK ST P P GB GB P NB GB RR RR GB LI GB WALNUT ST SOUTH COLLEGE ST RR BE BE STEWART LN EXISTING ZONING 2017-14 - LUM 2017-79 - Z - CO/WB HB NB PUD RM-4 RS-1C CB HI OP-C RR RS-1D LI OP-R RM-2 RS-1A GB MHP P RM-3 RS-1B 300 0 300 600 eet
ST ST WAL NUT S ON T D LLEG ES U R ROBI N STEW ART LN SOU T H CO MO RRIS D ST SOUT H CLAR K NA SHV ILLE RD LET CHER ST 2017-14-LUM & 2017-79-Z-CO / WB Page 11 of 12 RICULTURAL 300 EXISTING LAND USE 2017-14 - LUM 2017-79 - Z - CO/WB PUBLIC-INSTITUTIONAL COMMERCIAL MULTI-AMILY RESIDENTIAL INDUSTRIAL SINGLE-AMILY RESIDENTIAL PUBLIC VACANT 0 300 600 eet
2017-14-LUM & 2017-79-Z-CO / WB Page 12 of 12 STEW ART LN MOR RIS D U RD AERIAL 2017-14 - LUM 2017-79 - Z - CO/WB 100 0 100 200 eet