City Council - Regular Meeting

I'll just talk loud. Okay. When roll call, we'll go ahead and declare a quorum on the agenda that takes us to item number two, which is a public hearing rezoning from A agricultural to R2 general residential first civil district Franklin County property map number 45 parcel 25.11 location Old Ezra Springs Road size approximately 0.84 acres. applicant Jasmine Simon, property owner. This time, is there anyone to speak in favor of this rezoning in the office? If you are, please come forward to the podium, state your name, and you have five minutes.

Hey, I'm Jasmine Simon, and I brought, I only have four, but if exactly what I'm wanting to build, it's a duplex. Who all needs to see these?

But it's just on each side is two bedrooms. I think it's one bath.

I would be living in one side of it, renting out the other. I don't really know how this goes or what I'm supposed to say.

Do you want to build one of these? Just one. Right. It's two units.

What road would it be facing?

It would be facing Old Estill Springs Road.

You went to the Winchester planning and they turned you down. Do you know why they turned you down?

From what I understood is your version of an R2 allows mobile homes as they do not. So I can't remember exactly. I think they have a version. What did I say?

No?

It was because of this allows the mobile homes, and they don't. They recommended, you know, that agreed with me building this, but since an R2 in the county allows for mobile homes and they don't, that's why they recommended against it.

Are you going to put your driveway on Decker-Daskill, or are you going to put it on Parkside? Or do you know yet?

I would say old Estill.

So you're not facing towards old Estill? Facing towards.

Yeah. Facing towards. So I would say old Estill, yeah.

I didn't know if parks, roads, private roads, county roads. This city is restricted.

A company that I work for did the title some years ago, and it was sold twice. Once a restriction's put on the deed, it runs with the land. It can't be taken off unless everybody agrees with that. I don't have those restrictions with me. I meant to bring them. But it's also the restrictions that were listed in the sale that day, but it's listed in that deed. So even though the two attorneys that certainly did it later, even though they left those off, they still run with the land. They don't get removed. And I know it listed that there's no single-wide trailers and there was other restrictions, but I can't think of what those were. That's in the chain of power.

Were you aware of those restrictions when you purchased the property?

I don't know. My grandfather purchased it and I, because we live just not even a mile down the road from this property.

How long ago did he purchase it? I've owned it for, I owned it, and then I gave it to Derek about three, three, four years ago. And how long did you own it? Oh, we've owned it four years, October.

Four. Four.

Larry, can I ask you something?

He's coming, he'll, he'll talk to him at the end of the stand.

Thank you.

Anybody against the rezoning in the audience that would like to speak? Could you repeat that, please? Is there anybody in the audience that would like to speak against the rezoning? Please come forward. State your name for the commission. We have five minutes. Thank you. I'm Roger Parks. I live at 536 Loop Drive in Winchester.

I am also a property owner at 179 Parks Lane. In December of 2000, the Wiley Northcutt farm was placed up for sale for auction. About six different parties purchased the land as it was divided up. Half were family members and the other half were others. The lady that originally bought this land that is being considered for rezoning. Not the owner at this time, certainly. But when she won the auction, when her bid was the winning bid, she threw her hands around her husband and she burst into tears. And I realized what was going on. She was trying to protect her property, her investment. She was wanting to have that property next door. And I think that's a good picture of what any property owner wants. We just want to protect our property, our investment, what has been passed down to us. We want to steward it well. We want to pass it on to other members of the family. at a later time. And that is what we certainly want to do. I'm a third generation family member. There are fourth generation family members that have built a house there nearby on that original land as well. I also want to make it clear that I welcome, I welcome a new neighbor. I welcome a single family dwelling like other houses in the neighborhood. We have two new houses on the road. that have just been built, single-family residences, I'm all for that, and we certainly would welcome a new neighbor. The main concern that I have is there's been no precedent set anywhere in the area for rezoning going to R2 that I am aware of. There's nothing like that anywhere around that. This would be precedent-setting, and if it were, then that would open up lots of other properties for multifamily residents. dwellings, which I understand could be duplexes, triplexes, quadplexes, and so forth. So I certainly don't want to see that happening in that area in a stable community. Also, I have a real concern, and I know it's been brought up already about Parks Lane. We certainly don't want another driveway coming out on Parks Lane because it is a county road, but it's a single lane. And if you've ever been on that road, you know that you have to back up 100 yards to let the neighbors pass as it is. And so if there's a multifamily dwelling, then there are multiple cars, vehicles coming out there, and that would be a problem certainly for us. There's the issue of the deed conveyances as well that's already been stated. So I want to just come tonight and say that we welcome new neighbors, welcome with open arms a single family dwelling. At the same time, we do not want to see multi-family dwellings in the neighborhood, as we believe that that would compromise things as they are. Thank you all very much. I appreciate it.

Does the commission have any questions that plenty was on?

I do. Very good.

Yes, sir.

on the deed. Is that kind of like subdivision recs and stuff like that?

Deed restrictions follow the deed wherever they go is what I understand. Our department does not enforce deed restrictions. The only thing we have to do with this is zoning. This is a pass-through coming from Winchester's Planning Commission. It just passes through us to you guys because it has to It has to come to you.

I thought that was correct. I know subdivision recs have to go through the subdivision. You have to have like 97% of the people that live in that subdivision. It's a civil matter. You have to go to court to get it.

Yes, sir. That's correct.

Thank you.

Anyone else? Do you know offhand what those restrictions were, Eric? No, sir, do not. We did not do a de-research. Again, this was a pass-through from Winchester.

I'll get to bring those with me. And I know it was no signal. I don't know if it was as to the size of it or the cost of it. I can't remember all that. But that would take, to remove those restrictions, it would take the prior owners that put it on or their heirs to remove it.

Mr. Parks, I know the letter that you sent out to us Did it not have those restrictions on that when the auction happened?

Yes.

Do you happen to know what they are?

I do. Would you like me to come to the house? Thank you. No hog farms, no chicken houses, no single wide trailers, no prefab hogs.

Any other questions?

I think, go ahead.

Motion to deny the request.

Okay, because of our system and the way it's worked. Did you already do that? Okay, here's what we'll do. I've got a motion on the system to approve By Commissioner Vitale, is that correct? Correct. Second by Commissioner Ripp. So if you vote yes on this, you're voting to approve the rezoning and contradictions of what the City of Winchester was planning and zoning did. If you vote no, you're voting to reaffirm what the City of Winchester was planning and zoning did. Does everybody understand that? Everybody got it?

Do we have an option to table it and get more information from the City of Winchester?

We can. I mean... kind of information where you want it.

But Winchester's zoning plan is different than the county's.

Yeah. I think you've got a motion and a second, so you've got to go ahead and hear the motion.

Yeah, I think we need to go ahead. So once again, a yes vote is to approve the rezoning of the property. That's the motion and the second. A no vote is to reaffirm the decision of the Winchester Planning and Zoning Board. Everybody got it? If there's no further questions or discussion, I have a motion and a second to approve the rezoning. Please schedule your vote. If you wish to change your vote, please do so now. Please tally the vote. Four yeses, 12 noes, so the rezoning is denied.