Eminence Kentucky-Special Minutes

The City Council of the City of Eminence, Kentucky met in a special called session on Wednesday, December 7, 2005 at 8:15 p.m. with Mayor Doug Bates and the following members present: Kevin Harris, Howard Roberts, Tom Ferguson, Drane Stephens and Leeroy Winburn. Absent was Member Laura Whitney. Also in attendance were City Clerk Sandra Doane, Attorney William Brammell, Rick Mathis, Sonny Case, Donald Webster, Ronnie Kidwell, Bonnie Kidwell, Garland Frazier, and J. Michael Ray.

The purpose of the special meeting being called was to hold a public hearing on the proposed zone change for Ronnie Kidwell at 4769 and 4771 Jackson Road from R-2 to B-2.

Mayor Bates explained that we were here to receive public comments and discuss the zone change request, but that the vote will not be held until the regular meeting on December 12, 2005.

Attorney Brammell introduced the background on this zone change request explaining that the application had been filed with the planning commission on August 26, 2005 by Ronnie Kidwell and co-signed by Mayor Bates to request a zone change on the property listed above from R-2 to B-2 on the basis that the property has always been commercial and should stay that way. The planning commission recommended that the zone change request be denied based upon their findings of the existing zone being appropriate and the proposed zone being inappropriate; that there have not been major changes in the area to substantially alter the basis character of the area, that the proposed map amendment is not in agreement with the comprehensive plan generally and specifically, and that no developmental plan was submitted as required by Section 390 of the zoning ordinance.

Attorney Brammell further reviewed the City’s options as pertains to this recommendation from the planning commission. We can approve the commission’s recommendation, deny the commission’s recommendation, or opt for our own public hearing and fact finding. As we have opted to have our own public hearing, we must review this request based upon the comprehensive plan which was approved by the City and County and review the text of the zoning ordinance prior to voting. Our decision must be based on consistency with the comprehensive plan or based on changes of a general nature to make the change appropriate, or our belief that the zone was incorrect and that the requested zone is correct.

Mayor Bates asked that Mr. Kidwell address his request to council prior to any public comments.

Mr. Kidwell stated he did not feel that any questions on the proposed building should be an issue as he feels the question is about whether this is commercial property or not. He feels the zone is incorrect to begin with and perhaps the City did not look at this close enough when planning and zoning was adopted. Member Ferguson asked Mr. Kidwell if he could meet all the requirements of planning and zoning if the zone is changed. Mr. Kidwell stated he will have to comply with all the requirements the same as anyone else. Member Ferguson asked why Mr. Kidwell did not stay at his current location. Mr. Kidwell stated that this is not his property and it is too expensive to maintain or purchase at the asking price.

Sonny Case of 139 Zelcova Drive stated he feels this has always been a commercial property and should be allowed to remain as one. He also stated that we need this type of business in our City.

Donald Webster of 4800 Jackson Road stated he owns property across the road from this property which is also showing as commercial property and that he pays taxes accordingly. Member Ferguson asked what the comprehensive plan shows for this property. Attorney Brammell stated that the comprehensive plans shows it all to be residential and that if a one year cessation of a non-conforming business occurs in a residential area then the property zone reverts back to the recommended zone in the comprehensive plan.

Bonnie Kidwell asked why they were paying taxes on commercial property if it is zoned residential. Mayor Bates stated that there is not a difference in the tax rate for residential or commercial in the City. Mayor Bates introduced a letter from PVA Jason Scriber attesting to this fact on the County level as well. Mr. Scriber’s letter also explained that his classifications are not done as a result of planning and zoning with one example being that apartments as classified by him are commercial properties even though they are zoned residential.

Member Roberts stated that the City made the request for the change based on the zone being wrong to begin with and that nothing else should matter and that we should stand behind what we originally said.

Mike Ray, Chairman of the Planning Commission and resident of Sunnyside Road, explained that planning and zoning was initiated and approved in 1991 with every City having representation on the board and every member working on the mapping. The maps were made public on numerous weekdays and weekends and at all meetings with the maps begin approved. The representatives decided they would not zone all properties at their current zone but would zone for the future plan for the area. The general area in question is residential. He admits there is always a potential for error in anything you do, but the goal was to prevent spot zoning. He does not feel an error was made on this property.

Member Roberts asked way the recent request for a change on Elm Street for Darrell Scriber was treated differently by the planning commission and allowed to change. Mr. Ray stated there have been business changes in this area which supported this request for change.

Member Roberts stated he is against a home being put on a junk yard property and believes EPA would also have an issue with this.

Mayor Bates stated that the land use maps were recently revised with each council member being given a copy to review with no recommendations or changes being suggested by anyone.

Member Stephens stated that this is not a matter of what the zone has been, but what it should be. He feels we sent the zone change request to planning and zoning with limited information for their input and that there is no relation to the individual requests made for Mr. Scriber and Mr. Kidwell. He also stated he does not want spot zoning.

Rick Mathis of 4281 Jackson Road stated he was present to support Ronnie. He lives a few doors down from the proposed business location and feels that Ronnie has already improved the property and wants to see him prosper. He also feels that a mistake was made and wants to see the business stay in the area.

Member Stephens asked Mr. Kidwell if he processes deer meat. Mr. Kidwell stated he didn’t understand why he was being asked this as you can do this at your own home and feels that state law would allow him to do this work. He also stated that every residential person on Jackson Road was okay with his business.

Garland Frazier, Planning Commission Representative, asked why Mr. Kidwell has to have his business sign on Broadway if his business is located in an appropriate place. He feels Mr. Kidwell requires traffic for his business and recognizes he is in a wrong zone. Mr. Kidwell stated he was on Main Street and was promised he would be back there by April with nothing happening toward this promise. Mr. Kidwell asked if any complaints have ever been received about his business or zone change request. City Clerk stated she had not received any. Mr. Kidwell asked why we have to do what everyone else does and where would he park his customers even if he was on Main Street.

Mr. Mathis stated he feels that the residents on Jackson Road should be the ones to approve this change and that he feels that if the location is okay with them why shouldn’t the Council and the Commission approve the change.

Mike Ray stated that areas do change, but that this one has not changed toward the commercial venue. Mr. Kidwell must have a developmental plan which addresses among other things, the entrance and parking. This is a standard requirement for everyone and no plan has been presented and that they will not allow a change without one. He stated that we need to be sure we understand that a zone change would allow any future use within that zone change. Member Roberts stated that planning and zoning changed it originally and that all these requirements shouldn’t have to be met by Mr. Kidwell.

Garland Frazier stated that when the future plans were reviewed no mistake was made in this area. No commercial development has occurred on Jackson Road since planning and zoning was implemented and that no infrastructure, such as sidewalks, is in place for this business. Bonnie Kidwell asked how we are supposed to grow as a City if we have to stay in a certain block or area of town. Garland stated that areas have been established for future growth.

Attorney Brammell stated again that we must make findings to support any decision we make. Our motion must approve or disapprove the zone change and state factual findings to support our decision such as changes in the area or no changes in the area with the plans and maps to be reviewed.

Member Ferguson asked Mr. Kidwell if he would stay at his current location if the zone change is not approved. Mr. Kidwell stated that he would not stay in Henry County as he cannot continue to spend money on property that is not his and that the asking price for his current location is too high. He will probably go to Oldham or Shelby County.

Mayor Bates asked for further comments with none forthcoming. Mayor Bates stated we will vote on this zone change request on Monday, December 12, 2005.

With no further business to be discussed, motion made by Member Roberts and seconded by Member Harris to adjourn. Motion carried. Meeting adjourned at 9:15 p.m.

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