Bza - Regular Meeting

Richardson. We do have a quorum. All right. Thank you. We've all been provided minutes from the last meeting. Uh if there are no changes, do I have someone want to make a motion for approval? I move that we approve them. Okay, we have a motion. Do we have a second? Second. Second. All those in favor say I. I. I. Oppos? Nay. The eyes have it. Okay. Before we continue, if you're going to testify this evening, would you please raise your right hand and I'll swear you in. Do you promise to tell the truth, the whole truth, and nothing but the truth? So, help you die.

Thank you. Welcome. Uh, if you would, the first item on the agenda. In accordance with articles 4,1 18, and 19 of the city of Frankfurt zoning ordinance, Jonathan Sepenfield is requesting a conditional use permit in order to operate an eating and drinking place land use code 581 for property located at 603 Taylor Avenue. The property is more particularly described as PVA map number 06213 01 010.00 and this is a city item.

Good evening. uh Jordan Miller, City of Frankfurt Planning and Community Development. So, we've got a property right down here on the corner at Taylor Avenue and Louisville Road at 601 Taylor. They currently operate Porters. Uh it's a eating and drinking establishment that was granted a conditional use permit by this board in 2022, so about four years ago. They would like to extend that use right across uh to the additional adjacent property at 603 Taylor Avenue on the first floor where they'll primarily use it as a meeting space for about 25 to 30 guests for like private gatherings and things that are scheduled. Um staff is recommending approval. This is a limited commercial district. It's mixed with some uh residential over there as well. It's urban residential and the comprehensive plan future land use map. So, we're recommending approval with a few conditions. Um, I'm happy to answer any questions if you have them. Technical technical review team has reviewed it and they don't have any issues with it as well. So,

I'm just curious. I'm sure there's a restroom in there. Oh, yeah. Yeah. I just didn't see that. Yeah. How about the parking? Yeah, they do meet the parking requirements that the uh 601 Taylor uh that building's quite small and they can fit about about a dozen to 15 parking spaces there and there's about five in front of this property at 603 as well. I think 20 are required and they barely meet it by 21 spaces and that would be sufficient even when they have uh a lot of of people as they've proposed here in at some

it would meet it. Yeah. based upon the zoning regulations in article 12, it would meet those requirements. Would there be any um value in u prohibiting parking on the street there? You couldn't do that because it's public parking and free to anyone who's there. Um yeah, that's the thing. If if it's if it's public parking available to anyone, then anyone can park there. Yeah. Unless they did like a neighborhood houses and

Yeah, a lot of those are over over there are short-term rentals. About half of them are some are resident where people actually live. Yeah. Um but they would have to do like a neighborhood permit program themselves if they want to do that. So that's an option for them, but it's nothing that we can't regulate. Thank you. You're welcome. All right. Question. I know that there were some issues with noise with quarters originally. Do you know if that's continued? Have they tamped it down? Would this additional property create more noise?

It's to my understanding this would all be enclosed indoors according to the applicant. Um those I am assuming have been addressed. There is a noise ordinance that we have in our code of ordinances that the city regulates. The police department does regulate those and they could go receive those calls. I haven't had any complaints about it recently. I do remember when that happened. Yes. Thank you. Yeah. Sure. I notice in the background it mentions that it will accommodate 25 to 30 guests. Uh would it be any value in making that a condition? He's asking do you would you recommend that commission if you

if you all can do it. I mean, that's up to you all if if the if council says that's something that I mean like they may be allowed more by the fire marshal beyond the you know like whatever code capacity allows that based upon his standards. Um if you all want to limit the capacity. Well, I think we're you'd be limiting the capacity based upon parking available that you're approving. Okay. And I think the parking is pursuant to 25 to 30 people. So I don't believe it'd be any problem limiting the number just not to exceed 30 because of

I think that would be an excellent safeguard in the event that there was just an overflow of folks there. Yeah. One particular event and they had 60 in there. I know I sound crazy but these things No, I understand. Um and I will say that uh I'm happy to talk with the applicant about there is parking available right over here on Conway. That's a city parking lot after 4:30. Anybody can park there. It's open to the public. It's less than a block away from the restaurant. So, there are options that we can work with the applicant to redirect people if there's an overflow. Is the applicant present? I believe so. Yes. So, we'll hear from the applicant. Yes. Yes, ma'am. And and you're speaking of parking and I'm speaking of the number of persons inside the facility. Yes, sir.

Okay. Yes. Yes, sir. That's correct. Yes. St. If council says we can limit that based on that, I'm fine with it. I think you mentioned to me that there's a fire marshal number that can there is. Yeah. Yeah. Which if that bas governs it, that's fine with me. Okay. I don't know what the fire marshall number is, but obviously there's one for the size of the structure for every and that would work for me. Okay. Okay. So, it's based upon the number of square footage and the the building code use that they That's good. All right. No other questions, I don't believe. If you ask me to come up, if you will, please let us know your name and address for the record.

Yeah. Jonathan Sepenfield, 501 Logan Street is my address. So, you've heard uh a couple of concerns about the this uh application. Could you address the do you know the number for uh the fire marshall as far as maximum capacity?

We haven't applied for that yet. We wanted to make sure this got passed through before we talked to the fire marshal about getting the business license, everything approved. We wouldn't go that far until we knew. I know next door at our place it's um no more than 40, but that also includes the parking spaces we have. So, I would imagine it probably be less next door, which I think is kind of in the things you're looking for. So, I mean, we're looking for a super small venue here. I've kind of got something I can talk to you'all about here, too. Um the reality of it, Frame doesn't really have an intimate gathering space. Uh where do you host a baby shower for 20 people or retirement party? Bridal shower, book club meeting. Uh the options either too large or too expensive or superly unavailable. This about filling a real community need and a person a personal one for us. As South business owners and residents, we see a gap every day. People want to celebrate life moments here in the community, but they're forced to go elsewhere. The 603 Taylor Avenue is a perfectly positioned to serve an intimate space for baby showers, bridal showers, uh nonprofit gatherings, family celebrations, stuff like that. Um the space gives residents an affordable option. Instead of driving to Louisville, Lexon, we can keep our dollars here in the community. Uh second, it continues the positive growth and momentum we're seeing in South Frankfurt. Events bring good foot traffic to surrounding businesses. Um it puts an existing building in use. Uh this space was set empty since Earth Alchemy was there in 2024. We like to put that board of use and help the community. Uh since we're already at owners of 601 Taylor Avenue, we're right next door. We have additional parking spaces for overflow. And as he spoke about the additional parking next door, it's only about a block away. So we could definitely use that um in the hours we could. My wife and I chose to invest in South Fever because we believe in this community. We live here. We do business here. We raise our family here. This event space is simply another way for us to serve our neighbors and community continue to grow in our town. Communities thrive off uh these spaces and celebrate together. Right now, Frankfurt's missing an option for an intimate event instead of just a large gathering spot. The location is perfect.

The need is clear. We're already committing to South Frankfurt success. We respectfully ask for your approval to give us this need. Thank you. And we're happy to answer other questions you do have. Any further questions? Yes. The staff report includes three conditions that are listed at the end of at the end of the findings anyway. It would be on page three. Are you in agreement with those conditions placed on it?

Yeah, of course. That's perfect for us. Thank you. Any other questions? We'll let you sit down and I can kind of address the noise compliment the planes too as well. Go ahead.

Um from my understanding all the noise complaints we've have been with inside of our um the noise ordinance. We've been kind of pecking upon ourselves to try to bring the music uh inside and face it towards our building. I know it has been a problem because I understand that the the huge brick wall we have kind of is like um kind of bounces off and goes elsewhere. Um we try to stay within two hours of that ordinance. So, we actually try to bring it inside sooner and cut our bands off way earlier than that. Also, bring our bands out during the day more than at night. We totally understand it's um while it's commercial there, it is residential across the street. We totally get that. Uh I've worked with our law enforcement, police, I've worked everybody I could to make sure we do everything right by the the ordinance, man. We're we're just trying to have a good time over there and help some people out. We're not in any means trying to make any ruckus. And um we're obviously here to help anybody we can as far as um any problems there is with noise or anything like that.

Anything else, guys? Thank you so much for your time. You sit down. If there's anyone in the audience would like to come up and speak on this uh request don't see anyone. Um we can have discussion if we need to. Okay. Let me ask a quick question of you Johnny. Do you want to add a condition just that no more than the maximum of the what the fire department says because that's reasonable and that's that that's the rule. Fire commercial. if whoever doesn't add that to the conditions that way it addresses any any concern you have.

Having said that, do you want to give them Okay, Mr. Mr. Chairman, I make

uh in accordance with articles 4, 18, and 19 of the city of Frankfurt zoning ordinance, um I recommend approval of the request for a conditional use permit uh by Jonathan Sepenfield uh to operate an eating and drinking place uh land use code 581 for the property located at 603 Taylor Avenue. Uh the property is more particularly described as PVA map number 06213010.00 000 uh and that is considering the positive findings the the staff reports recommendation uh for approval and also including the conditions that have been listed uh in the report and I'd like to read those. The conditional use is not transferable, and any change in ownership or use will make this approval null and void. And any new exterior signage shall require a signed permit prior to installation. And prior to occupancy, the applicant shall have an approved building permit for a change of use and have a final inspection completed. And I think we also want to add that uh there will be uh no more guests than is dictated by the building code regulation for the building.

All right. We have a motion with the four conditions. We have a second. I'll second that. Second by Mr. Holder. You please call. Miss Gidmore? Yes. Mr. Keane? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Carney? Yes. Miss Townsley. Motion carries. Good luck to you. When you're ready, we'll let you call the next item.

In accordance with sections uh 155.048,55.085,55.089, and55.105 of the Franklin County Code of Ordinances. Daniel Kennedy is requesting approval of a conditional use permit to allow a short allow the operation of a short-term rental at 1600 Bridgeport Road. The property is more specifically described as PVA map number 0240018.00 in a rural residential zone district.

Good evening board. Uh so the request before us tonight is a condition use for a short-term rental located at 1600 Bridgeport Road which is uh just west of the hamlet of Bridgeport, if you will. Um the existing uh adjoining zoning designation is all rural residential zone. Um the house contains approximately 3,700 square ft. Um I do have all positive findings throughout the staff report. Uh the driveway length is approximately uh 640 feet per GIS estimate uh which is ample to um satisfy the number of vehicles that could potentially be there based upon the occupancy requirements. Um let's see staff has two additional findings in addition to the findings contained within the report. staff finds that the proposed conditional use will not alter the essential character of the general vicinity nor cause a hazard or nuisance to the public. The proposed four-bedroom dwelling is large enough to accommodate the proposed number of users of 12. Uh adequate parking is available and all necessary public facilities are are available. Uh two, the conditional use should not adversely affect the public health safety or welfare provided that the conditions listed here are met. and I do have 14 conditions. Um, and with that, I'd like to enter my report in the record and take questions.

I have a question for number 13 and 14. It has to do with the fire department and such. Will they come out and check on this to see if that's been So, yeah, I actually did have a discussion with both the applicant and fire chief regarding this. Um, the trees shouldn't be a problem. That should easily be um met. Uh the fire chief did offer to go out on site and meet with the applicant to make sure that the driver will meet that standard. I'd like to see a condition that the parking be on the property since there's adequate parking there and it would not be a problem, I'm sure. So no on street parking, I guess. Right. Correct.

Okay. Any other questions or suggestions? Not seeing any. We'll let you sit down. Thank you. We could have the applicant come up. They're here for the representative. You can give us your name and address for the record, please. Hi there. Dan Kennedy, 3111 Heritage Creek uh Terrace, Houston, Texas. All right. U So you've seen the report. Yes. And seen the conditions and such. Um, and we've also had suggestion that there's no off streetet parking just on the property. Um, do you have anything to add to to what we've discussed so far?

No, I do not. I just want to be a good neighbor for everybody out here and be fully in compliance with what you guys are hoping to do. Did you It's no on the street parking, right? Right. Okay. Yeah. As long as you you're in agreement with the 15 conditions that's laid out in the staff report plus the one added. Absolutely. Okay. All right. We'll let you sit down. Okay. Um if we have anyone in the audience who would like to speak on behalf of this. If you come up if you would please. Yes. If you would give us your name and address for the record.

Yes. My name is James Masters. I live at 1500 Bridgeport Road. Yes sir. I'm the neighbor. U couple questions I've got. The land that we bought u and I've been there 22 years going on 23. There were restrictions on it and those restrictions were single family occupancy, no commercial enterprise and you couldn't group two lots and build two houses. You had to build just one house if you had two lots. So, I'm wondering since the restrictions are already there and I went to the courthouse to get those. They're in my pocket. But could you clarify the restrictions? Are you talking about a deed restriction? Yes, sir. Okay.

Yes, sir. And uh I'm just wondering how it can be turned into a bed and breakfast or a short-term rental. U none of the people I've talked to around it really want it. And there's a couple of reasons why. Uh Bridgeport Road at night is fairly quiet. We don't know who these people are that's coming into the area. Uh my wife and couple other wives are alone at night a lot and we we just like to know who's around. And if you've got people coming in and I I was around a bed and breakfast once and I moved and uh 12 people can make a lot of noise and I just don't I really don't want it in my neighborhood, but that's just one man's opinion.

Could I ask Mr. Logan? Yes. Talk about deed restrictions and such restrictions on the deed that would have to be by court. Okay. Right. That's what I think. So, we've got an ordinance that's allowing this in this area. And if there's a deed restriction, from what I understand, if you have a problem with that, you would have to go to court and deal with that separately because the city county does not regulate deed restrictions. Really? Why have them? Well, I have them in my neighborhood, too. And it's because if you are bothered enough, I guess, by something that you disagree with, you go to court on your dime and try to get something in your favor.

Okay, I can understand the frustration because we have the same thing in my neighborhood. Okay, I understand that. But that's not something that we're regulating here. Okay. Yeah. So the actual people who live there don't have as much right as someone from Texas coming in to buy a piece of property and turn it into a bed and breakfast. The uh this this board doesn't make that determination. What is this court supposed to make a determination on on what the ordinance says? And what does the ordinance say? The ordinance says that this can be located there. You're talking about a deed restriction, right? It's going to have to be done with somebody other than Gotcha. All right. Okay. Thank you.

Yes, sir. Thank you. Did you have a question? I thought you were right. Question. Does anyone else would like to speak on behalf of this? I would, if you don't mind, they actually have to come up and I think I have a couple of questions and this comes up quite a bit when we have these uh the uh short-term rental. Yeah. So, uh, you you've heard a neighbor who's been there a long time, has some concerns. Yeah.

Do you have anything in place as far as vetting people that come in and the noise that possibly could be some some of the people that own these have, you know, some sensors outside? If it gets too noisy, it goes off and it it it lets you know um if there's a problem. Do you want to just speak to that? Absolutely. So, um, so we we don't own the property until Thursday, so we close on it at this point. Um, we plan on having, uh, cameras on the outside to monitor who's coming and going on the property facing all four directions. This is a larger property. This about six acres. Um, we do plan on having noise monitoring out there as well, so that if there do happen to have any noise complaints on the exterior,

on the exterior, nothing on the interior um, for that. no cameras on the interior either, anything like that. Um, we do vet and make sure people have a good track record before they come to the property. Um, so if they've had a history of, you know, bad stays, we don't allow them at the property. Um, we've been operating short-term rentals for four years. We have one in Shelby County. We are much closer to our neighbors at that point. We have never had a noise complaint. Um, that's on about a 10,000 square foot lot. Very close neighbors. We have good relationships with them. Um, we certainly want to be good neighbors. Um, the worst thing you can do is make your neighbors upset and not want feel welcome there. So, we definitely want to be respectful of them. Uh, have good guests there, take good care of the property. We want to make sure the property values stay, you know, good in that area. Um, but yeah, we want to respect the uh quiet hours. I think it's about 10 10 p.m. to 8:00 a.m. if I understand that correctly. We definitely want to enforce that and make sure that those rules are communicated to the guests as well.

Will you have a local contact person for any issues like maintenance or Absolutely. Okay. Absolutely. And will you be a would you be able to provide that to the neighbors somehow? Absolutely. They can have my number, too. Okay. If if something's going on the property, I'd love them to tell me about it so that we can address it. So, you haven't closed on this property yet? We have the seller's permission to to do that, but yeah, we close on Thursday pending the outcome of You have an attorney who's looking and did your titles search for you and all that? Uh, yes. As far as I know, we are not familiar with I would say you should get one. We have a title attorney. Yes.

Uh, I don't have any other questions. No, I don't. Okay, we'll let you sit down. Thank you.

Uh I don't believe we have anyone else would like to speak on this. We can uh if you'd like we can go into discussion. Someone like to make a motion on this item. Well, I can I will make a motion that the request by Daniel Kennedy for the conditional use permit to allow operation of a short-term rental at 1600 Bridgeport Road uh PBA map ID number 0240018.00 00 be approved based upon the positive findings of fact in the report and from further information from the applicant that addresses issues brought up by one of our uh neighbors and also u with the 15 recommendations that uh were discussed in the testimony and I will read those into the record now. Number one, the conditional use is only permitted at 1600 Bridgeport Road. Number two, the conditional use is granted only to Daniel Kennedy to allow the use of a property for a short-term rental. Number three, the conditional use is not transferable, and any change in ownership will make this approval null and void. Number four, the short-term rental is registered with the county annually, and a business license obtained. Number five, a safety inspection of the premise shall be performed before the issuance of the conditional use permit and commencing of operations. Number six, the residence must have working smoke alarms that are no more than 10 years old uh from the date of manufacturer if the residence has gas utilities of any kind. I'm sorry, I skipped that. Uh that's the next one. No more than 10 years old from the date of manufacturer. Number seven, the residents must have working carbon monoxide alarms that are no more than 10 years old from the date of manufacturer

if the residence has gas utilities of any kind. Uh let's see. Number eight, occupancy of the short-term rental shall be limited to no more than 12. Number nine, if the operations cease, the notice shall be provided to county planning and building codes office for their records. All conditions of subsection 155.089 089 noted special conditions 27 short-term rentals shall be satisfied. Number 11, the short-term rental shall be operated in accordance with the submitted application materials. Number 12, if the conditional use permit has not been exercised within one year of the board's actions, it shall be null and void. Number 13, any trees that are close to the driveway need to be trimmed to allow full clearance of our fire apparatus. Number 14, the driveway should be able to withstand the weight of our apparatus since it sits so far off a roadway, 50,000 pounds, and that will be confirmed by the fire department. And number 15, there will be no off streetet parking.

No, I'm sorry. On on street parking. Thank you. Uh with those those are my findings. Do we have uh that's my motion. Do we have a second? Yes. A second from Mr. King. You call the roll, please. Miss Skidmore, yes. Mr. Keane, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Carney, yes. Miss Townsley, yes. Motion carries. You have your approval. And you might want to get with your new neighbor and give them your phone number just so that there's communication. Thank you all. When you're ready.

In accordance with sections 155.048,55.085,55.089, and 155.105. 105 of the Franklin County Code of Ordinances. John Daly is requesting approval of a conditional use permit to allow the operation of a short-term rental at 525 Scruggs Lane, South Scruggs Lane. The property is more specifically described as PVA map number 0940033 07.

Good evening, Mr. Chair and members of the board. Thank you for being here. I'm Tina Peek, a senior planner for Franklin County. Uh there's been no changes to the staff report since the last um hearing, but I'm open to any questions if you have any. My applicant and his attorney is here tonight to answer any questions as well. Um we had someone at the last meeting ask a question that we didn't have information about. So I don't know that we have any questions. I think the applicant may address that issue. Any questions on this? No.

We'll let you sit down. We'll have the applicant, their representative come up. Thank you, Tina. If you would give us your name and address. Yes, sir. Mr. Chairman, members of the board. James Leapman, attorney for the applicant. Applicant John Dailyaly is present. Uh we've received the staff report. Um and applicant has no objections of any kind to the uh conditions that have been attached to uh the staff's recommended approval.

Um there was a question asked by someone last time about a access road and and we had a conversation and I believe that was not really a road and because we just want to make sure that uh our information was accurate and that's what I remember discussing with Mr. Daily. It's an easement and it it does not it there Mr. Daly will tell you and he can certainly testify if if the uh board wishes him to he has no intention at this time of building a road. It'd be very difficult spot to build a road but there is an easement there. Uh he's talked to the person who was here at the last meeting. We we believe that that issue is resolved that there's no no immediate attention to make any use of that easement.

That's good enough for me. I don't need to have testimony from that. Okay. And the person didn't come back. No. Yeah. And I assume that the previous person that spoke up, she's been notified about this meeting for today. Yeah. Yeah. It Yeah, it was t so they would have known at the meeting. Yeah. In addition to notice, do we have any other questions of our We'll let you. Thank you.

Thank you. Do we have anyone in the audience who would like to speak on behalf of this uh request? I don't see anyone. So, we'll go ahead and uh see if someone wants to make a motion. Make a motion. Um in accordance with sections 155.048,55.085,55.089 and 155.105 of the Franklin County Code of Ordinances. I move to approve John Daly's request of a conditional use permit for to allow the operation of a short-term rental at 525 South Scrugs Lane. The property is more specifically described as property valuation administrator map ID number 094 0033.07 zone RRidential District. Um based on the positive staff findings, um the applicants adherence to the conditions which I will read into the record. Uh number one, the conditional use permit is only permitted at 525 South Scrugs Lane. Number two, the conditional use is granted only to John Dailyaly to allow to allow the use of the property for short short-term rental. Number three, the conditional use is not transferable and any change in ownership will make this approval null and void. Number four, the short-term rental is registered with the county annually. No business license obtained. Number five, a safety inspection of the premise shall be performed before the issuance of the conditional use permit and commencing of operations. Number six, the resident must have working smoke alarms that are not more than 10 years old from date of manufacturer. Number seven, the residents must have working carbon carbon monoxide alarms that are not more than 10 years old from the data manufacturer if the residence has gas utilities of any kind. Number eight, occupancy of the short-term rental shall

be limited to no more than 10 people. Number nine, if the operation cease, then notice shall be provided to county planning and building codes office for the records. Number 10, all conditions of section 155.089 089 noted special conditions 27 short-term rentals shall be satisfied. Number 11, the short-term rental shall be operated in accordance with the submitted application materials including the submitted operations and management narrative. Number 12, the traditional use permit has not been exercised with within one year of the board's action. It shall be null and void. Number 13. The applicant shall post the following statement on the premises as well as disclose in all advertisements rental listings. This property is located within a special flood hazard area which has a 1% annual chance of being inundated by flood waters.

All right, we have a motion. Do we have a second? Second call, please. Miss Skidmore, yes. Mr. Kane, yes. Mr. Holder. Yes. Mr. Buchanan. Yes. Mr. Carney. Yes. And Miss Townsley. Yes. Motion carries. Thank you. Thank you all. Thank you for your patience.

Call the next item. In accordance with sections 155.136 and 155.085 of the Franklin County Code of Ordinances, Bailey F. Um Bailey L. Ferguson is requesting approval of a conditional use permit to allow the operation of a reception assembly hall. Occasional motion martial arts events at 22 2400 Lebanon Road. The property is more specifically identified as PVA map number 006002.01.

Good afternoon. Autumn Goddess, Franklin County Planning and Zoning. Um, this application is for um a reception and assembly venue. Um, it's a little bit unique. It didn't really fit into to one box. Um, but the subject property is located in the northwestern portion of the county near the Shelby County line. Um, it's just under three and a half acres. It contains a manufactured home in a 740 square foot metal um, accessory building. Um the area is generally zoned rural residential in this vicinity and is characterized by um large lots um single family dwellings, farming activities, that sort of thing. Um and again very close to the Shelby County line. So the Shelby County um planning office was notified of this application as well, which is a little bit unusual. Just whenever you abs um that jurisdiction is also given notice of an application. So the applicant is proposing to host up to nine martial arts events annually on the property. um they are proposing to only utilize temporary structures um including tents and a platform during their events. They're not proposing any additional construction or to utilize the existing two structures on the site for the events. Um so this is a little bit unusual as I indicated previously um since it is for athletic activities but it's only on an occasional basis with fewer than one event per month proposed for the year. um outdoor recreational uses and stadiums are not uses that are permitted in the rural residential zone, but but we didn't feel that this was really kind of hitting that that use category because it's not a daily commercial activity that the property will be primarily used as a residence and with these occasional activities. So, we did limit um I'm sorry, we did consider it to be um a reception assembly venue for that purpose. Um so, if they were to come back in the future and say, you know, we're doing well at this, we want to have weekly lessons here. we want to have more activities here, we want to have more events. Um, then we would probably be looking at a zone change application. Um, so this is really tailored to the specific request of nine events per year with only temporary facilities that would go away. Um, we do have all positive findings in the staff report. Um, and this was

distributed to our technical review team and their comments have been incorporated into our recommended conditions. Um we are recommending approval based on the conditions in this or um on the findings in the staff report um subject to a significant number of conditions to ensure that that residential character is protected and there are 23 conditions outlined here. Um happy to submit my report into the record and answer any questions. Thank you. We had a some of the adjacent property owners in the report. They're from different counties. Were they sent a letter? They were. Yes. Okay. Have you heard it back from anyone?

I have not received any comments on this application. I had another question. Um we have lots of conditions for good reason and uh a lot of them who's going to police this and there's a lot of conditions about food trucks and this and that won't happen and

yeah so like much of our our enforcement it it would be on a complaint basis most likely um that we would we would hear something was happening that that shouldn't be happening and then we would investigate and and give the applicant a to come into compliance. Um, but these are things that are that can be difficult to enforce. I think we had that conversation with the previous reception venue that we discussed a couple months ago.

I thought about this this afternoon and I don't know if Mr. Logan would pipe in on this. Since this is unique and sort of could be great and it could have a few problems with the scope of what it could become and I hope it's successful if it's approved. Would it be worthwhile for uh planning and zoning staff to go just observe a couple of times to show up and tell you who you are through identification? We're just checking out. You've got lots of requirements and we're just checking it out. Is that reasonable to put on the staff and is that allowable?

It is allowable. It is not reasonable. is not reach staff has plenty to do and if we're going to turn them into enforcement officers I think that's a little above what we ask him to do. That's why I'm asking. Okay. Yeah, I know you will have lots. Believe me, I don't catch a good fight though. In that same You don't know that yet. I'm going to find out when he test. In that same line of thinking. Sure. If uh complaints were rendered, you would go.

Correct. Yes. Yes. Um and our enforcement officer um does occasionally work weekends if if need be. he's he's you know flexible in his schedule. Um so so we do have that ability. Um and we'll ask the applicant but it says in the conditions that the use shall be limited to nine events per year. That's we'll have to see what the applicant if the applicant agrees to that. Did you all just decide that that was um the the number that the applicant proposed in their application materials? Okay. because we read we read in the material something a little different.

I think the applicant's original submitt may have included a couple of more events or or something a little different and then they submitted some revised. Okay. Um plans. Um so that that's based on on the final number that we heard I think but the applicant can certainly express whether or not they're good with that number. I'm good. I have a parking question. Um, condition number 22 says there shall be no parking vendors or event space in the area occupied with a septic field. How will you mark off the septic field so nobody accidentally parks there?

Sure. So, that I think that'd be a good question for the applicant um as far as what kind of um markings they would provide. Um it has been identified on their site plan where the septic field is um and that they would prohibit any kind of parking in that area. I would say the most parking there we'll find out very shortly. Yeah, maybe the hard way. I'm a bit confused. Is this primarily for this martial arts these events? One the nine events. Yes, that's so really they're not going to do anything else there. Correct. Okay. I read it that that's what the applicant proposed and again they can probably clarify but assembly hall occasional martial arts.

Right. So the use that is listed in our zoning code is reception assembly hall. Um, and as I mentioned in earlier in my report, this use was a little bit unique and we didn't really feel like it was a stadium, but we also didn't, you know, it was it was not fitting into a specifically listed use. So, this was kind of the the closest category that we felt it's going to be tournaments tournaments for martial arts or right that that's my understanding. I think the applicant can answer more details on on what type of martial arts they're doing and and what sort of that looks like. They did indicate a number of participants and and viewers and that sort of thing in their application which are reflected in the conditions that we've recommended.

But our approval so far doesn't limit them from having another event there that isn't martial arts. Am I correct? Um, I would say that I just think we typically include a condition that says that that it should be operated in accordance with the application materials, which I think would limit it to um the martial arts events as specified, but I may not have actually included that condition here because I got so detailed. There was something about boxing events too and we can ask the applicants. I thought I read that and so we want to make sure that we

but I it it does say within the recommendation that's a reception assembly hall parenthesis for occasional martial arts events. So I think that that would would tighten us in. Um I don't think the applicant intends to have other types of events, but they can speak to that. All right, we'll let you sit down and we'll let the applicant come up. If you would please uh if you would please give us your name and address for the record. My name is Bailey Ferguson and my address is 2400 Lebanon Road, Baghdad, Kentucky. All right. Could you kind of go into what it is? We have our staff report, but kind of go into what what it is you're wanting to do with the property.

Well, I'm proposing to host uh mixed martial arts combats events and tournaments would be more just jiu-jitsu based, which is just, you know, Brazilian jiu-jitsu kind of like, you know, you're rolling around. There's no concussions of any sorts proposed in that. Nobody's punching each other. So, uh, that's what the tournaments would be. Like mixed martial arts and boxing would be a little bit different than a tournament. It would be more kind of like a one versus one type of thing. There's no brackets where there's a tournament. You know, you came first place in the event or anything like that. So, like with jiu-jitsu, I've seen videos where you've got like a gymnasium floor and there's like 10 different groups going. Would you just have one at a time and this?

Yes. I would just have one octagon and it would just be one one role at a time, you know, one on-one at a time and then to the next person. How many spectators would you anticipate would come to these events? Uh, well, as of right now, I my initial proposal was uh 207 total people. That was including like officials, staff, and uh all the fighters and the spectators. But I've honed it down to more of just 120 people max. That would be all officials, spectators, all the fighters at the event. So, no more than food trucks. And

uh Well, yes. I was wanting to have a food truck, maybe one vendor out there. One vendor. I'm curious. Have you attended something like this in in another location? Kind of see how they do it or Yes, sir. Okay. Uh can you give us your impression on that? Is it typically well organized and people are basically well behaved until they get into the ring and they do their thing or

Yes, with anything uh around jiu-jitsu, it's a very disciplined organization of people. I've never had any type of interaction in jiu-jitsu gym or anything that was uh negatively affecting on anybody's health or anything of that sorts. Uh, as far as the boxing and mixed martial arts go, I mean, yeah, you know, somebody gets hit, you know, they might uh, you know, get upset about something, but I'm going to have security and everything's going to be, you know, signed through waiverss and then clearly stated that everybody control their manners and, you know, how they're acting, reacting about everything. So,

does an event actually last 8 hours? what 10 to 8:00 p.m. I mean it's very unlikely to last that long based on you know the 120 people max and you know between all the competitors it it's very unlikely that it would last that long. I just put it in there just in case. Would So you would be the co coordinator for these events, correct? Yes, sir. And and I guess is that part of a league? Is there other people that are Well, I had kind of a I opened up my own LLC, Fence Line Fight League. And that got officialized January the 8th. So I have the official LLC for that. And I'm the sole proprietor owner of the company. and will be organized and everything and

contestants and competitors, they would be part of other sanctioned, you know, martial arts programs or leagues and stuff. Uh they could potentially be, but uh if it's anything jiu-jitsu, there's no need in sanctioning body, but if it's a boxing, kickboxing, or mixed martial arts, you would have to have a sanctioning body. The uh athletic commission doesn't sanction amateur boxing. Okay? But they do sanction kickboxing amateur and you can sanction that as kickboxing and have a gentleman's agreement for just boxing. So I was looking to get sanctioned through the athletic commission and not do a third party like USA boxing for my amateur boxing events. Are you ever put on a tournament?

I have not. Will you be charging admission for the performances for the exhibitions uh for spectators that want to come out? Yes, there would be a a general admission fee and everything. It's a private event, so nobody would have my address unless I, you know, they purchased the ticket and I'll be emailing them the address, the time and everything. And they would need, you know, to prove at the gate, you know, at the security before they would come into the property. They got their ticket. Did was a permit required for you to to make money on is that

there are there are tournament I mean I will say I've only fought about 50 and from Canada to Florida and it can be any number it can be any amounts it can be any association I don't know whe there's any medical provisions that have been set up because there are injuries depending upon what you do I don't know what's set up for treatment for in between or testing of these athletes whether anybody's on any kind of steroids or those kind of things. So there there's a bunch that's involved in hosting a big tournament. So that doesn't come into play with that don't come into play with us. Yeah. Okay. Just just asking. Okay. Thank you.

So you'll have I mean this is a pretty involved thing. I would think you thought it through but I would assume you'll have security people there. You're going to have medical people there just in case. uh etc., etc. And there was a question about the septic field. You want to make sure nobody's parking on that. Are you going to mark that off? Yes, I'm going to have a it's it's going to be completely out the way from the event. Nobody would be going back into that area for any reason. And I'm going to put a temporary fence up, you know, little posts and something just to let everybody know, don't go over in that area, but it'll be completely out the way. Nobody would be, you know, no event proposed area in there. Originally, I did, but I revised and edited because I didn't I guess think about that.

Do you have a plan to keep these spectators off of the neighbors property? Yes, it's my entire land is fenced in as well, which that definitely helps, but there's definitely going to be uh everybody informed to nobody go near the fence. And my neighbor, they got horses over there and donkeys and stuff. So, I mean, they wouldn't be going near the fence even close enough to try to touch anybody's animals or anything like that. And I have contacted and talked to my adjacent neighbor about that and they said they you know, they give me the thumbs up on it and everything. So, that's a good thing to do. Can we cycle back to this one more time? Not permits aside, do you need a business license to to accept money?

Uh, I would I would assume so. That was the first thing I did was make sure I got my LLC. So, I was running everything through my company and I've got my business bank account and everything's going to be you run through my business. Right. So, talking to the the fight fence line, what? Yeah, fence line. Fight league. fence line. Sorry, fence line. That's going to kind of be the umbrella for the the events. That's where the money's going to go through. And you have a I would think you'd need a county building for that. Correct. And then just condition. Sorry, that's what I condition number 10. Yeah, that's good. We're good. Thank you. You read all of the conditions? There's 23 of them. And are you in agreement?

Yes, sir. I'm in agreeance to all of y'all's recommendations and uh just ready to ready to see about y'all's recommendation on review. You know, okay, I think we should talk about this. That's right. That's what we do next. Do we have any other questions of our applicant? I don't. Okay. Do we have anyone in the audience who would also like to speak on behalf of this? Doesn't look like it. We'll let you sit down and we're going to have a little discussion and if you have any further questions we may call you back up. Thank you all. Thank you.

I guess I'm struggling to see how this doesn't change the character of the neighborhood or the you know it's or the character of this farmland that's out there this residential rural residential area to have this kind of a even on the on nine times a year. I I tell me tell me what you think. Well, nine times per year is the key. I think it's very limited out of 365 days in a year. I What's to me is very telling. I understand your concerns because this is, you know, unusual. This is something you'd normally have in a gymnasium or at a you know, urban setting. In an urban setting, I think,

but to me, it's very telling that we've had adjacent property owners that have been notified. They're not here. uh he's talked with his neighbors and the applicants saying that they're okay with it and it's meeting I'm playing devil's advocate it's meeting all the requirements of our ordinance although I well it still has to meet that condition. Yeah, I I agree with you that that condition when I read that I thought there could be an argument that it would have a negative impact on the character of the neighborhood if it's not managed like the applicant is saying he's going to manage it.

Right. That's right. So, do we have enough to We have lots of information here. We have our Africa telling us he's going to pro he's going to abide by everything. Um is there enough in your mind that we uh disallow this and then it could of course go to court and I don't know if there is I don't know if there is. I just think that you know it's this needs to have some somebody needs to be looking into this not us necessarily. I don't think that's our we we're bound by what our regulations give us,

but this doesn't seem to me to be particularly well thought through. Maybe I'm wrong, but you know, when they get the business license, would that be a time where they would be looking a little more carefully at this? Well, I think you know, our staff has said, and this is true, they just don't have enough people to go and and investigate Durham. So, they have to they they go on complaints. Um, so unless somebody complains, I understand. Yeah. And hopefully things will be run the way it's supposed to. I see all kinds of potential pitfalls. If it were me, I I wouldn't.

But it's once again for discussion purposes, I can see both sides, but and I appreciate us having this discussion, but I also understand where our boundaries are. Right. And if it makes you feel better, it does say no amplified music, no outdoor music, no live outdoor music, and the hours are 8:00 a.m. to I mean 10 a.m. to 8:00 p.m. So, they've thought that right through. And if there are problems, I'm sure the neighbors will begin to uh make those problems known. Yeah, that's the fail safe, if you will.

All right. Any other discussion? We don't have any other. Uh would someone like to make a motion on this request?

All right. Um in accordance with sections 155.136 and 155.085 of the Franklin County Code of Ordinances, I move to approve Bailey. Ferguson's request for a conditional use permit to allow the operation of reception assembly hall. occasional martial arts event at 2400 Lebanon Road. The property is more specifically described as property valuation administrator map ID number 006 00002.01 single family rural residential. Uh based on the positive staff findings and the applicants adherence to the recommendations which I believe I need to read into the record. Number one, the conditional use is only permitted at 2400 Lebanon Road. Number two, the conditional use is granted only to Bailey Ferguson to allow the use of the property for a reception assembly hall. Number three, the conditional use is not transfer transferable and any change in use will make this approval null and void. Number four, portable sanitation units shall be provided in accordance with any requirements of the state plumbing code. Number five, the emergency lane must be kept clear at all times and built to withstand the weight of the fire apparatus. It shall be gravel, black top, or concrete, and there shall be adequate space for the fire apparatus to turn around. Number six, all grass areas utilized for parking shall be mowed to a short length, and there shall be no dried grass clippings in the area that could cause a fire risk from cars parking in the area. Number seven, no opening no opening burning shall be permitted during events. Number eight, the event coordinator shall notify the fire department of the dates of events in advance. Number nine, the applicant shall complete a fire pre-plan of the property to record the general layout access of the event space. Number 10, a Franklin County business license must be obtained prior to the use commencing. Number 11, all vendors shall obtain a

Franklin County business license. Number 12, any food truck shall be subject to the requirements to the health department. Number 13, the existing barn and manufactured home shall not be utilized for special events. Number 14, the use shall be limited to 120 individuals, including participants, staff, and spectators. 15. The hours of operation shall be limited between 10:00 a.m. and 8:00 p.m. 16. The use shall be limited to nine events per year. 17. Amplified audio shall be limited to announcements and event coordination during the hours of operation. There shall be no amplified music and no live outdoor music. Number 18. No fireworks shall be permitted. 19. The applicant shall contract with a private waste removal company to remove any trash associated with events. Number 20. There shall be no sale or service of alcoholic beverages. 21. Any outdoor lighting associated with the use shall be fully shielded fixtures and directed towards the interior of the property. Any such lighting shall be turned off at 8:00 p.m. 22. There shall be no parking vendors or event space in the area occupied by the septic field. 23. All tents, equipment, and event related materials shall shall be removed within 24 hours of the event.

We have a motion. Do we have a second? Second. We have a second from you. You would please call the Miss Skidmore. Yes. Mr. King. Yes. Mr. Holder. Yes. Mr. Buchanan. Yes. Mr. Carney? Yes. Miss Townsley? Yes. You have your approval. Good luck to you. Thank you. When you're ready, we'll let you call the next item

in accordance with sections 155.047 and 155.049 of the Franklin County Code of Ordinances. Daniel Sts is requesting approval of a variance of section 155.136 to reduce the front yard setback from 35 feet to 33 feet for the property located at 3284 Ninevea Road. The property is more specific specifically identified as PVA map number 0650041.00.

Yes. Uh land uses in the vicinity are primarily single family residential. Uh a house previously existing on the southern portion of the property burned down. Uh the property contains 35.5 acres and is bisected by the county rideway uh containing Ninevea Road. In addition to the unusual rideway condition, this property is significantly impacted by the flood plane on the smaller southern portion of the property and a northern portion is very steep and rocky. Uh it's hillside. Uh the applicant is proposing to construct a new 1500 square foot garage on the northern portion of the property uh to store tractors, tools, and equipment to maintain uh the property as a farmstead. uh he eventually uh plans to construct a house on the southern portion of the property and it is possible that additional variances will be needed at that time. Uh the applicant is proposing to locate the garage 2 feet from the public rideway which extends 30 feet into the northern portion of the property from the center line of Ninevea Road. Ninevea Road is approximately 15 feet wide in this location. Um, this will place the structure at 32 feet from the center line of Ninevea Road or approximately 24.5 ft from the edge of pavement. Uh the applicant is requesting a variance of subsection 155.136D to allow a reduction to the front setback in the RR zoning district which has a minimum of 35 ft. Per the applicant's site plan, if approved, the 1500 square foot proposed garage will have a two feet front setback from the rideway as opposed to

the required 35 ft setback. Staff has discovered all positive findings and the Franklin County Road Department has no issues or objections to this request. Uh, and they do not intend to widen that road in the future. So based on the findings contained in our analysis, staff does recommend approval of the variance of uh subsection 155.136D to reduce the front setback from 35 ft to 2 feet from the public rideway for property located at 3284 Ninevea Row Ninevea Road. This recommendation of approval is made subject to the following conditions. One, the proposed addition shall be constructed in accordance in accordance with the submitted application materials and site plan. And two, all necessary permits and approvals shall be obtained prior to construction. I'm open for any questions and would like to submit my report into the record. Thank you.

Any questions? Yeah, I so the setback's going. It's 35 ft is what the the ordinance is. That's correct. And Are are we going to two feet or is it going to 30 feet is the new setback because it says front set back from 35 ft to 2 feet for property. Okay. Recommendation says 35T to 2T. Well, that's what it says here, too. So, we going to 30t for the variance or is it going to be two feet off the road now? Is that that's maybe where I'm confused. Um,

so the road the road rideway actually runs through the middle of that property. So he's requesting two feet from that uh public roadway fewer than the 35 ft that we're at. So it's No, that's not what it said. No, two feet. So it's going to be two feet off the rideway. Yeah. Not the roadway, but the rideway is wider than the roadway. So 24 and 1/2 ft from the edge of pavement. Okay. Okay. That's correct. Gotcha. Sorry. Good right there. I was confused and I I wasn't reading it right. So, thank you. It's a little confusing. I'm sorry. Yes.

Okay. Any other questions? All right. We'll let you sit down. Do we have their applicant here? We'll let you come up. Please give us your name and address for the record. I'm Dan St and it's 3519 Milano Road, Lexington. Okay. Uh you've got all positive findings in the staff report and uh you've seen the conditions that the staff has uh put in the report about making this subject to uh approval. You've agree in agreements with that? Yep.

Okay. Um any questions? All right. Uh we'll let you sit down. I think it's pretty straightforward. Good talk. All right. So, uh I don't know that we really need any discussion. If we want to have someone make a motion, I'll take a stab at it there. All right. Thank you,

Mhm. In accordance with sections 155.047 and 155.049 of the Franklin County Code of Ordinances, I move that we approve the request for Mr. Daniel Sty uh for his uh approval of a variance of section 155.136D to reduce the front setback from 35 ft to 2 feet for the property located at 3284 Navo Road and more specifically described as PVA map ID number 065-0000-00 00-041.00 in the rural residential district. Um, and I believe we had all positive findings in the staff report and as uh conditions agreed upon by the applicant and as read by staff.

Okay. All right. We have our motion. Do we have any second? So move. Second. Miss Skipmore, yes. Mr. King, yes. Mr. Holder, yes. Mr. Buchanan, yes. Mr. Carney, yes. Miss Townsley, motion carries. You have your approval. I'd like to call the next and last item.

In accordance with subsection 155.008 008 of the Franklin County Code of Ordinances TT of Florida Frankfurt Incorporated is requesting a waiver modification of standards of 155.33 366B2 to allow a pole sign and three monument signs on the property located at 140 Democrat Drive. The property is more specifically described as PVA map number 0870044.05. Yes. Before I give my staff report, the applicant nor an authorized representative is not present tonight. So, I don't know if you would like to table this item for next hearing.

Um, how do people feel about that? I think we should be consistent.

Before she introduces it, can I table it because she hasn't really introduced it yet? Sure, you can. call the the item has been called. We just have a second testimony. Um, all right then, if you don't mind, I'm going to make a motion that we table this item from TT of F. Frankfurt Incorporated for their request for a waiver modification of standards to allow pole sign monument signs at 140 Democratic Drive since the applicant or the representative is not here because they were notified that they needed. Yes. Okay. Yes, they were. So I would like to table that this item for another time next time. 14 14. Okay. Thank you. For the next meeting. Do we have a second?

I'll second that. Motion in a second. Could you please call the role? Miss Skidmore? Yes. Mr. Kane? Yes. Mr. Holder? Yes. Mr. Buchanan? Yes. Mr. Carney? Yes. And Miss Towns, please. Motion carries. All right. I think that's a good idea to be consistent because Absolutely. All right. Uh, we don't have any other business. I don't believe I don't believe so. Okay. Nobody left except

I do want to be here when the we get an application for the motorcycle wheel of death to see. Me too. That'll be interesting. Well, since there's no other uh business, I'll make a motion to adjurnn. We have a second. Second. All right. Motion second. All in favor say I. Oppos? Nay. We are. Thank you all.