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Board of Zoning Adjustment

Regular Meeting

Frankfort, KY · October 12, 2021

AgendaMinutes

Minutes

Board of Zoning Adjustments October 12, 2021 5:30 PM VICE CHAIR BRANDON WHITE, PRESIDING The meeting was called to order at 5:30 p.m. Vice Chair Brandon White asked the Secretary to call the roll. Members Present: Johnny Keene Brandon White Barry Holder Jr. Mitch Buchanan Margaret Townsley Also Present: Edwin Logan, Attorney Ben Judah, Franklin County Planning Supervisor Mikaela Gerry, Regional Land Use Planner, Bluegrass ADD The first item of business was approval of the minutes of the August 10, 2021 meeting as amended and the minutes of the September 12, 2021 meeting. Mr. Holder made a motion to approve both sets of minutes. The motion was seconded by Mr. Keene and passed unanimously. Vice Chair White asked the Secretary to call the next item of business. In accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, Bluegrass Canoe Kentucky is requesting approval of a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3866 Georgetown Road. The property is more specifically described as Property Valuation Administrator map ID #094-10-02-002.00. Ben Judah, Franklin County Planning Supervisor was present and stated this property is located on Georgetown Road and located in the Limited Commercial District. Mr. Judah explained that currently there is a structure on the property that was formerly Buck Run Baptist Church. Mr. Judah stated that staff had all positive findings. Mr. Judah mentioned that the property at 3866 Georgetown Road does not have an entrance, they are currently is using an entrance at 3894 Georgetown Road. The Kentucky Transportation Cabinet and the County Engineer have provided comments that an entrance would be granted at to 3866 Georgetown Road if an encroachment permit were to be applied for and one of the two entrances at 3894 Georgetown Road is removed. Mr. Judah stated that no additional traffic analysis is required. Mr. Judah stated that staff is recommending approval with the conditions outlined on page four of the staff report. Mr. Holder asked what was required for safety purposes including whether or not life jackets and such will be available. Mr. Depenbrock with Canoe Kentucky stated that they have been in business for 40 years and their safety record is impeccable. Mr. Depenbrock stated that they plan to rent inflatable rafts from this location. Mr. White asked if he agreed with the staff report and the conditions within and Mr. Depenbrock replied yes. Based on the positive findings in the staff report, Mr. Keene made a motion in accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, to approve the request from Bluegrass Canoe Kentucky for a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3866 Georgetown Road with the following conditions: 1. The conditional use is only permitted at 3866 Georgetown Road 2. The conditional use is granted only to Bluegrass Canoes DBA Canoe Kentucky to allow the use of the property for a kayak and canoe water trailhead launch and pickup parking. 3. The conditional use is not transferable and any change in use or ownership will make this approval null and void. 4. Any required approvals from the Kentucky Division of Water (if applicable). 5. The portable restroom and portable building within the flood zone must be removed prior to flooding events. The motion was seconded by Mr. Buchanan and passed unanimously. Vice Chair White asked the Secretary to read the next item of business. In accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, Andrea Wilson Mueller, Ama on the Creek is requesting a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3894 Georgetown Road. The property is more specifically described as Property Valuation Administrator map ID #094-10-02-001.00. Mikaela Gerry, Regional Land Use Planner, Bluegrass ADD was present and stated that this property is located on Georgetown Road, has two entrances and about 70 parking spaces. Ms. Gerry stated that staff had all positive findings and recommended approval with the conditions outlined on page four of the staff report. Ms. Townsley asked about the water trucks. Ms. Gerry replied that the applicant is currently working on a minor development plan. The applicant Andrea Wilson Mueller replied the she has spoken to the water districts and they need 12-feet, she stated there is currently 12-feet there now and that will remain. Ms. Wilson stated that she feels this is definitely needed and that parking will add to the safety aspect. Mr. Holder asked if she agreed with the conditions outlined in the staff report and she replied yes. There was a discussion concerning the restroom facility in the structure and Ms. Mueller stated that there are no plans to use those restrooms because of issues with the septic system. Based on the positive findings with the staff report, Mr. Holder made a motion in accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, to approve the request from Andrea Wilson Mueller, Ama on the Creek for a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3894 Georgetown Road with the following conditions: 1. That a business license is required from the county. 2. The conditional use is only permitted at 3894 Georgetown Road. 3. The conditional use is granted only to AMA on The Creek to allow for the use of the property for a kayak and canoe water trailhead launch and pickup parking. 4. The conditional use is not transferable and any change is ownership or use will make this approval null and void. 5. Any required approvals from the Kentucky Division of Water (if applicable). 6. Any changes to the existing entrances must be approved by KYTC. 7. The existing restroom facilities on the subject property are not to be available for use for the public/users of the site unless approved by the Health Department. 8. Structures within the flood zone must be anchored. 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 Mr. Keene and passed unanimously. The meeting adjourned at 5:53 p.m.

Agenda

Board of Zoning Adjustments October 12, 2021 5:30 PM VICE CHAIR BRANDON WHITE, PRESIDING The meeting was called to order at 5:30 p.m. Vice Chair Brandon White asked the Secretary to call the roll. Members Present: Johnny Keene Brandon White Barry Holder Jr. Mitch Buchanan Margaret Townsley Also Present: Edwin Logan, Attorney Ben Judah, Franklin County Planning Supervisor Mikaela Gerry, Regional Land Use Planner, Bluegrass ADD The first item of business was approval of the minutes of the August 10, 2021 meeting as amended and the minutes of the September 12, 2021 meeting. Mr. Holder made a motion to approve both sets of minutes. The motion was seconded by Mr. Keene and passed unanimously. Vice Chair White asked the Secretary to call the next item of business. In accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, Bluegrass Canoe Kentucky is requesting approval of a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3866 Georgetown Road. The property is more specifically described as Property Valuation Administrator map ID #094-10-02-002.00. Ben Judah, Franklin County Planning Supervisor was present and stated this property is located on Georgetown Road and located in the Limited Commercial District. Mr. Judah explained that currently there is a structure on the property that was formerly Buck Run Baptist Church. Mr. Judah stated that staff had all positive findings. Mr. Judah mentioned that the property at 3866 Georgetown Road does not have an entrance, they are currently is using an entrance at 3894 Georgetown Road. The Kentucky Transportation Cabinet and the County Engineer have provided comments that an entrance would be granted at to 3866 Georgetown Road if an encroachment permit were to be applied for and one of the two entrances at 3894 Georgetown Road is removed. Mr. Judah stated that no additional traffic analysis is required. Mr. Judah stated that staff is recommending approval with the conditions outlined on page four of the staff report. Mr. Holder asked what was required for safety purposes including whether or not life jackets and such will be available. Mr. Depenbrock with Canoe Kentucky stated that they have been in business for 40 years and their safety record is impeccable. Mr. Depenbrock stated that they plan to rent inflatable rafts from this location. Mr. White asked if he agreed with the staff report and the conditions within and Mr. Depenbrock replied yes. Based on the positive findings in the staff report, Mr. Keene made a motion in accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, to approve the request from Bluegrass Canoe Kentucky for a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3866 Georgetown Road with the following conditions: 1. The conditional use is only permitted at 3866 Georgetown Road 2. The conditional use is granted only to Bluegrass Canoes DBA Canoe Kentucky to allow the use of the property for a kayak and canoe water trailhead launch and pickup parking. 3. The conditional use is not transferable and any change in use or ownership will make this approval null and void. 4. Any required approvals from the Kentucky Division of Water (if applicable). 5. The portable restroom and portable building within the flood zone must be removed prior to flooding events. The motion was seconded by Mr. Buchanan and passed unanimously. Vice Chair White asked the Secretary to read the next item of business. In accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, Andrea Wilson Mueller, Ama on the Creek is requesting a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3894 Georgetown Road. The property is more specifically described as Property Valuation Administrator map ID #094-10-02-001.00. Mikaela Gerry, Regional Land Use Planner, Bluegrass ADD was present and stated that this property is located on Georgetown Road, has two entrances and about 70 parking spaces. Ms. Gerry stated that staff had all positive findings and recommended approval with the conditions outlined on page four of the staff report. Ms. Townsley asked about the water trucks. Ms. Gerry replied that the applicant is currently working on a minor development plan. The applicant Andrea Wilson Mueller replied the she has spoken to the water districts and they need 12-feet, she stated there is currently 12-feet there now and that will remain. Ms. Wilson stated that she feels this is definitely needed and that parking will add to the safety aspect. Mr. Holder asked if she agreed with the conditions outlined in the staff report and she replied yes. There was a discussion concerning the restroom facility in the structure and Ms. Mueller stated that there are no plans to use those restrooms because of issues with the septic system. Based on the positive findings with the staff report, Mr. Holder made a motion in accordance with Sections 155.085, 155.105, and 155.46 of the Franklin County Code of Ordinances, to approve the request from Andrea Wilson Mueller, Ama on the Creek for a Conditional Use Permit to allow the operation of a kayak and canoe water trailhead launch and pickup party on the property located at 3894 Georgetown Road with the following conditions: 1. That a business license is required from the county. 2. The conditional use is only permitted at 3894 Georgetown Road. 3. The conditional use is granted only to AMA on The Creek to allow for the use of the property for a kayak and canoe water trailhead launch and pickup parking. 4. The conditional use is not transferable and any change is ownership or use will make this approval null and void. 5. Any required approvals from the Kentucky Division of Water (if applicable). 6. Any changes to the existing entrances must be approved by KYTC. 7. The existing restroom facilities on the subject property are not to be available for use for the public/users of the site unless approved by the Health Department. 8. Structures within the flood zone must be anchored. 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 Mr. Keene and passed unanimously. The meeting adjourned at 5:53 p.m.

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