PENDLETON COUNTY JOINT PLANNING COMMISSION
Minutes of Regular Meeting
Monday, November 26, 2007, 7:00 p.m.
Pendleton County Courthouse, Second Floor Courtroom
Falmouth, Kentucky
A roll call was conducted indicating the presence of all nine Commissioners of the Planning Commission, specifically Chairman Owen Collins, Commissioner Cheri Wright, Commissioner Robert Ammerman, Commissioner Myron Doan, Commissioner Bill Flaugher, Commissioner Angela Hornbeck, Commissioner Jim Thaxton, Commissioner Bob Bathalter and Commissioner Mark Russo. Chairman Owen Collins declared a quorum (nine of nine), and the attendance was recorded. Also present for the meeting were Timothy B. Theissen, Judge Henry Bertram, Sylvia McClanahan, Gary Viers, Bill Mitchell, Jim Cox, Joe Ellen Mitchell, B.J. Griffin, Stacey Wells, Daryl Ammerman, Mary Joyce Bankenkemper, Jim Davis, Amy Barnes, Steve Schluetz, Ed Sissel, Jack Wright, Alan Whaley, Sheldon Lindsey, Belinda Lindsey, Roger Wafford, Roger McKinney, Debbie Dennis, Patrick Clore, Scott Edgeley, Mary McDowell, Ron Moreland, Mark Hart, Bobbie Fogle, Jim Hext, Wayne Keith, Trudy Jolly, William Jolly,
Mike Flynn, Daniel Insko and John Steele.
Public Hearing on Zoning Ordinance:
Chairman Collins opened a public hearing on the proposed Zoning Ordinance and accompanying Zoning Map for unincorporated Pendleton County. Notice of the Public Hearing had been published according to law in the Falmouth Outlook. Speakers were registered. The public hearing was opened:
Ron Moreland. Mr. Moreland commended the Planning Commission on the project of creating the Zoning Ordinance and Map. He commended the Fiscal Court and the Judge Executive on their initiative in this regard as well. Mr. Moreland said he thinks a lot of people are moving here and building nice new homes, and some are moving here to buy land to hunt on as well. The value of homes needs to be protected. He believes that zoning can do that, and that zoning is long overdue in Pendleton County. He believes that Pendleton County is becoming somewhat of a bedroom community for Northern Kentucky.
Jim Cox. Mr. Cox closely reviewed the proposed Ordinance, and said it is an excellent ordinance that fits the nature of Pendleton County and appears to be very professionally prepared. He reviewed the zoning ordinances of four other rural counties and feels that this is the best of them all. He said the Ordinance is appropriate for the county and is timely, and is needed now. He related that at one time he lived near Baltimore, Maryland in a rural county that had zoning. In the twenty years that he lived there, that county developed much better than an adjacent county that did not have zoning. He commented that the Zoning Ordinance will protect property values and give citizens a say on the future of the county. He believes that the Zoning Ordinance will improve the quality of life for Pendleton County and he supports its adoption.
Jim Hext. Mr. Hext is the landfill manager for Rumpke's facility in Pendleton County. He commented that there is some land controlled by Rumpke that was not zoned in the intensive zone and he would like it to be changed. He also commented that some of the standards for landfills in the proposed Ordinance look acceptable to them but he would like to keep that issue open further review.
Jim Davis. Mr. Davis stated that he lives in the northeast part of the county and applauds the Fiscal Court and the Planning Commission for initiating zoning. He emphasized the need to keep the education requirements up for the Commissioners. He asked questions about subdivision regulations and their applicability. He asked about whether or not Falmouth and Butler were initiating the process of implementation of zoning ordinances as well. Mr. Mark Hart rose and advised him that the Falmouth Council intends to begin the process of considering zoning in January of 2008.
Ed Sissel. Mr. Sissel stated that he is glad that agricultural uses are exempt from zoning. He is one of very few farmers left in Pendleton County. He supports zoning as it as been proposed. He asked a question about whether the Board of Adjustment members were appointed or elected, and was advised by Mr. Theissen that they are appointed as is required by Kentucky Statutory Law. He suggested that the term "setback" be defined in the ordinance.
Jack Wright. Mr. Wright stated that he is former elected official of the county and is currently the Executive Director of the Industrial Authority for Pendleton County. He stated that he is in favor of the Ordinance. He stated that in August of 1991, when serving on the Fiscal Court, he made a motion for the Fiscal Court to approve the process of proceeding with the creation of a zoning ordinance. He commented that it has now taken sixteen years, but that this Zoning Ordinance is a move forward and a step in the right direction. He stated that he has reviewed the Ordinance and the maps and finds them to be reasonable. He believes that it gives Pendleton County a good foundation to build upon.
Brian Griffin. Mr. Griffin thanked the Planning Commission for tackling a very difficult process. He stated that his company, Griffin Industries, approves of the Zoning Ordinance. Mr. Griffin asked the Commission to consider change of the proposed zone on certain properties owned or controlled by Griffin Industries which were improperly identified as rural and should be changed to intensive. He submitted a memorandum identifying the parcels at issue. He also commented on three requests for changes to the text of the Ordinance. Two of the three changes are identical, proposing that the following language be deleted or revised: "No use producing emissions or that otherwise impacts ambient air quality beyond the boundary lines of the property not otherwise allowed by existing federal, state or local regulations shall be permitted." in Section 7.2 and 7.3. He believes that the language is too vague to be enforceable and suggests that the language be modified to prohibit any uses that do not comply with State or Federal regulations relating to odor, noise or dust. He also asked that the definition of "odorous matter" be deleted.
Roger Wafford. Mr. Wafford represents the Hilltop Mining Company. Mr. Wafford states that he supports the Ordinance but has two requested changes to the map on properties owned by Hilltop which were incorrectly identified as rural and should be changed to intensive.
Daniel Insko. Mr. Insko states that he has had no opportunity to look at the proposed ordinance, but thinks that zoning can go bad. He told a story about a zoning official in another county threatening to shut down a job over a minor violation relating to some plastic silt fence used for erosion control. He also told the story of a relative of a zoning official opposing a development and having special privileges as a result of the relationship. He states that many of the promises that come with zoning are not kept and so he is against zoning. Mr. Insko stated that there are other ways to encourage growth and that zoning leaves too much leeway for future abuse.
No other person registered to speak or came to the podium when the opportunity was offered at this time. Chairman Collins raised two letters that were submitted to the Planning Commission relating to the public hearing. First, Mike Wiseman of Northern Kentucky Electric submitted a comment asking for a change from rural to commercial for five acres at 18964 Highway 10 North because he operates his business there, and the property was incorrectly identified as rural on the map. Second, David West submitted a letter relating to a home-based business that he conducts in his property. He indicated that he wanted to make sure that his use was grandfathered in and Mr. Theissen assured that it was.
Thereafter, there was a general discussion amongst the Commissioners about how zoning works, its benefits, its costs and expenses, and what is included in the agricultural use exemption. At this time the Chairman closed the public hearing. The Commissioners discussed the evidence submitted during the public hearing and determined that additional time was needed to address the changes requested to both the text and to the map and a consensus was reached that a December meeting would be held after the proposed changes could be considered by the committee and legal counsel. Commissioner Doan as chairman of the map committee requested a couple of weeks for the committee to meet and look over the proposed map changes. Mr. Theissen was requested to contact the necessary individuals and come back to the next meeting with proposed changes to the text as justified by those comments. There was a consensus that a special meeting of the Commission be scheduled on December 17 at 7:00 p.m., and that it be published in the Falmouth Outlook as a special meeting