Board of Zoning Adjustment

Board of Zoning Adjustments December 3 , 2019 5:30 PM CHAIRMAN MITCH BUCHANAN , PRESIDING The meeting was called to order at 5:30 p.m. Chairman Mitch Buchanan asked the Secretary to call the roll. Members Present: Brandon White Johnny Keene Margaret Townsley Mitch Buchanan Ashley Kennedy Also Present: Edwin Logan, Attorney Ben Judah, Franklin County Planning Supervisor The first item of business was approval of the minutes of the September 3, 2019 meeting. Mr. White made a motion to approve the minutes. The motion was seconded by Ms. Kennedy and all were in favor. The Secretary called the next item of business: In accordance with Article 12.032 of the Franklin County Zoning Ordinance, Lamar Advertising Lexington is requesting approval of a lesser non- conforming use to allow a legally non-conforming billboard with two sign faces be replaced with a single face video billboard sign at 80 Chenault Road. The property may be more specifically identified as PVA map #086-00-00-018.00 Ben Judah, Franklin County Planning Supervisor was present and mentioned that the use of the property is a hotel with a billboard on site. Mr. Judah stated that the property is surrounded by mixed uses and after their analysis staff recommended approval. Mr. Keene stated that the in the staff report the Frankfort Plant Board was requiring that the billboard not be within 20’ of any power line, and asked if they needed to make that a condition. Mr. Logan asked if the site of the original sign is 20’ away from any power lines and Mr. Judah responded yes. Ms. Townsley asked for clarification of the sign. Mr. Judah explained that the applicant is proposing to replace the existing two signs on the billboard with a single face video billboard. Attorney Jacob Walbourn was present on behalf the applicant and passed out a packet to the Board. Mr. Walbourn explained that the digital sign will rotate still images every eight seconds. Mr. Walbourn stated that they are required to meet certain criteria and adhere to certain regulations. He stated that they are in complete compliance and awaiting this approval tonight in order to move forward.  Mr. Buchanan mentioned the heavy traffic in the area and was concerned with illumination being distractive to motorist. Mr. Walbourn explained that there are specific regulations related to the illumination of the sign and it will actually not be as bright as other stand alone signs in the area. Mr. Keene made a motion based on the positive findings in the staff report to approve the request from Lamar Advertising Lexington for a lesser non-conforming use to allow a legally non-conforming billboard with two sign faces be replaced with a single face video billboard sign at 80 Chenault Road. The motion was seconded by Ms. Townsley and passed unanimously. The Secretary called the next item of business: In accordance with Articles 4 and 15 of the Franklin County Zoning Ordinance, Shelia Horton and The Learning Tree Christian Academy are requesting approval of an amended Conditional Use Permit to allow an increase in the maximum enrollment of the daycare from 35 children to 49 children for the property located at 1007 Twilight Trail building C. The property may be more specifically identified as PVA map #050-00-00-092.00. Ben Judah, Franklin County Planning Supervisor was present and mentioned that in July 2015 the applicant received approval to operate a daycare center for 35 children. Mr. Judah explained that at that time, the limit was determined by the sewer capacity at the Twilight Trail pump station. However, since that time the pump station has received upgrades to its capacity. Now that the capacity has been increased the applicant wants to increase the enrollment to 49 children. Staff recommended approval with conditions. The applicant Shelia Horton was present and agreed with the staff report. Ms. Horton explained that the children rotate in and out at different times so there will never be 49 children on site at one time. Based on the positive findings in the staff report, Ms. Townsley made a motion to approve the request from Shelia Horton and The Learning Tree Christian Academy for an amended Conditional Use Permit to allow an increase in the maximum enrollment of the daycare from 35 children to 49 children for the property located at 1007 Twilight Trail building C with the following conditions: 1. The conditional use is granted to Shelia Horton, and “The Learning Tree Christian Academy” to allow the use of the property as a preschool with an increase in the enrollment from 35 children to 49 children. 2. The conditional use is permitted only at 1007 Twilight Trail, Bldg. C, Unit 3. 3. The conditional use is not transferrable and any change in ownership of the preschool or use will make this approval null and void. 4. That any signage meets the requirements of Article 11 Sign Regulations, and Article 15 Conditional Uses unless otherwise authorized by variance procedures. 5. That Shelia Horton and “The Learning Tree Christian Academy” receive(s) all of the necessary regulatory approvals from other local/state/federal agencies for the legal operation of the preschool or the conditional use shall be null and void. The motion was seconded by Mr. Buchanan and passed unanimously.  There being no further business, Mr. Buchanan made a motion to adjourn. The motion was seconded by Ms. Townsley and all were in favor. The meeting adjourned at 5:49 pm.