ON THURSDAY, JUNE 12, 2008, THE VERSAILLES-MIDWAY-WOODFORD COUNTY PLANNING AND ZONING COMMISSION HELD THEIR SCHEDULED MEETING IN THE 2^ND FLOOR COURTROOM OF THE WOODFORD COUNTY COURTHOUSE AT 6:30 P.M.

MEMBERS PRESENT: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

MINUTES: A motion was made by Mr. McClees, as seconded by Mr. Wells, to approve the May 8, 2008 minutes, as submitted. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf

Chairman Ellis announced that Item #2, Final Plat for Rose Ridge Unit 3B will not be heard at the applicant’s request. It will be back on the agenda for July.

Final Plat and Preliminary/Final Townhouse Plat – Woodford Habitat for Humanity, Inc. – Martin Luther King Blvd – R-3 District.

Mrs. Wilson stated that this is Habitat’s 2008 project located on Martin Luther King Blvd. At the last meeting the Planning Commission granted a waiver for the fees. All the TRC deficiencies have been addressed.

A motion was made by Mr. Blankenship, as seconded by Mr. McClees, to approve the Final Plat and Preliminary/Final Townhouse Plat – Woodford Habitat for Humanity Inc – Martin Luther King Blvd – R-3 District, as submitted. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

Recommendation: Preliminary Plat/Final Plat – Paul & Juanita Stapp – 2330 & 2510 Scotts Ferry Rd. – 2 lots – Rural Residential District.

Mrs. Wilson explained that this was a zone change that the Planning Commission recommended for approval a couple of months ago and the Fiscal Court has approved this based on that recommendation. The plat is now back before you for your action.

A motion was made by Mr. McClees, as seconded by Mr. Wells, to approve the Preliminary/Final Plat – Paul and Juanita Stapp – 2330 & 2510 Scotts Ferry Rd. – 1 lots – Rural Residential District. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

Recommendation: Zoning Map Amendment and Preliminary Development Plan – Woodford Economic Development Authority (owner), Dennis Anderson (Applicant) are seeking a zone change for the Midway Station Property located at the northeast corner of I-64 and Ky. Hwy 341 for property recorded in Deed Book 186, Page 192 and Deed Book 197, Page 555, for Tract A consisting of 3.367 acres from B-5 (Highway Interchange Service) to P-1 (Professional Office), Tract B consisting of 8.081 acres from I-1 (Light Industrial) to P-1 (Professional Office), Tract C consisting of 0.854 acres from I-1 (Light Industrial) to B-5 (Highway Interchange Service), Tract D consisting of 31.544 acres from I-1 (Light Industrial) to R-3 (Medium Density Residential), Tract E consisting of 31.627 acres from I-1 (Light Industrial) to R-1C (Single Family Residential) and Tract F consisting of 71.341 acres from I-1 (Light Industrial) to R-1C (Single Family Residential) and Tract G consisting of 2.921 acres from I-1 (Light Industrial) to B-5 (Highway Interchange Service) and Tract H consisting of 2.507 acres from A-1 (Agricultural) to B-5 (Highway Interchange Service) and Tract I consisting of 0.009 acres from A-1 (Agricultural) to P-1 (Professional).

Mrs. Wilson stated that at the last meeting the public hearing was closed. If no action is taken tonight, then it will be on the next agenda for action.

Chairman Ellis questioned if anyone is prepared to make a motion. Mr. Hume indicated that he is.

Mr. Butler stated that before that is done they need to address some issues.

Mr. Blankenship wanted it noted in the record that he will not participate in any discussion or vote on this issue. Mr. Blankenship recused himself at the public hearing due to a conflict of interest.

Mr. Butler stated that several objections have been lodged concerning some of the materials that the Planning Commission members have received. In a second packet the Planning Commission received proposed findings and a motion from Mr. Graddy and also a memorandum and proposed motion and findings from Mr. Murphy. Mr. Butler stated Mr. Graddy has objected to Mr. Murphy’s memorandum and he agrees that should not be considered by the Planning Commission. Mr. Butler stated that at the hearing Mr. Murphy submitted findings and the Planning Commission may consider those if they so choose. Mr. Butler stated that he has spoken to Mr. Murphy about that and he objects to this. Mr. Murphy requested that they not consider the memorandum, but consider the findings that were submitted with the memorandum. Mr. Butler felt that Mr. Graddy will disagree with that because of taint. Mr. Butler felt that the safe route is not to consider Mr. Murphy’s submission at all and return it to him and not allow it to be part of the record for this proceeding. If they want to consider findings, they should consider what he had submitted previously. Mr. Graddy has tendered a letter objecting to a hard copy of the power point presentation that was submitted after the fact to the Planning Commission staff. Planning Commission members have not received a copy of that and can only consider what they saw the night of the public hearing. There is no taint to that because the Planning Commission members have not received nor seen it in hard copy. It is not now, nor has it ever been the policy that an applicant submit anything ahead of a public hearing. Mr. Graddy is claiming that he was not allowed due process and was unable to be prepared because he did not have Mr. Murphy’s evidence before the hearing. Mr. Butler stated that Mr. Murphy was not allowed to prepare for Mr. Graddy’s presentation either, so it was equally fair to both parties. Mr. Butler stated that he has addressed the concern that Mr. Graddy made about the post hearing memorandum. Mr. Graddy was also concerned about the tax impact study and stated that the numbers on the screen were small and could not be read. Mr. Butler felt that the time to object to that would have been at the hearing, not afterward. Mr. Butler questioned if he correctly represented Mr. Murphy’s objection about the findings that were submitted with the memorandum not being considered? Mr. Murphy stated that he did and really feels that the entire submission should be considered. Mr. Murphy stated that at the meeting he wrote down that he needed to submit a letter and findings in 14 days and then he had crossed out the 14 days and changed it to 8 days as stated by the Chairman. Mr. Murphy stated that he usually submits a memorandum and findings in other counties and did not realize that was not the practice in Woodford County. He felt that the letter summarized the proposal and the findings were separate from the memo based on the evidence that was presented at the hearing. Mr. Murphy felt that they should consider those findings and did not feel like they were any different than Mr. Graddy’s. Mr. Butler stated that Mr. Murphy did tell him that he felt that Mr. Graddy had some things in his findings that were opinionated from the testimony; however, Mr. Graddy did use the proper format. Mr. Butler stated that he recommends that the packet from Mr. Murphy be returned and not used at all.

Chairman Ellis questioned if it would be fair to ask Mr. Hume if any of his findings in his motion is based on either of those submissions? Mr. Hume stated he put his own together before he ever received that second packet.

Mr. Butler also noted that the Planning Commission approved the May 8 minutes, but they do not have the May 29 minutes yet. The Planning Commission has waived bylaws and made approvals without the minutes; however, there were members who were not at the public hearing so they probably should not vote since they have not had the chance to read the minutes

Mr. Evans questioned if they can put this off until the next meeting so that everyone knows what they are doing? Mr. Butler stated that there is time to do that if that is what the Planning Commission wants to do. Mr. Hume was ready with a motion but stated that if the other members are not comfortable, he is willing to wait. Mr. Boggs also felt that perhaps they should wait so they can review the minutes.

Mr. McClees stated that they can only look at what they saw on May 29^th. Mrs. Wilson stated that the only thing they can consider is what they read in the minutes. There will be no additional findings or submissions. Mrs. Wilson stated that they have 90 days in which to take action. Mr. Butler stated that the only thing that is being struck from viewing is the submittal of the second packet by Mr. Murphy. He felt that those should actually be turned back in. Chairman Ellis stated that Mr. Hume has stated that his motion was not based on that anyway.

A motion was made by Mr. Wells, as seconded by Mr. Evans, that the Planning Commission wait to take action at the July 2008 meeting in regards to the zoning map amendment for Midway Station property in order to give the members the opportunity to review the minutes. The motion carried with five (5) aye votes. VOTING IN FAVOR: Jim Boggs, Joel Evans, Tim Parrott, Chad Wells, J.D. Wolf. NOT VOTING: Carl Ellis, Ed McClees, Jim Hume.

To review and possibly amend Article X, Flood Damage Prevention Ordinance as the following summary reflects:

Versailles-Midway-Woodford County Zoning Ordinance Text Amendment, Article X, Flood Damage Prevention Ordinance, is being updated to comply with State recommendations. This Ordinance does and shall apply to all areas of special flood hazard within the jurisdiction of Versailles, Midway & Woodford County, as identified by the Federal Insurance Administration, and mandates that no structure or land in said areas shall hereafter be located, or extended, converted or structurally altered without compliance with its provisions; requires the obtaining of a permit from the County Judge/Executive/Mayor as administrator and the Kentucky Division of Water; permitting of manufactured homes within areas of special flood hazard; requires that all new construction and substantial improvements be constructed with materials and utility equipment resistant to flood damage; provides that in all areas of special flood hazard, the lowest floor of any residential structure constructed or substantially improved shall have the lowest floor elevated to or above base flood elevation or has said floor flood proofed; and provides penalties of $100.00 or imprisonment of not more that 30 days for each day a violation of this Ordinance continues.

The Ordinance consists of the following general areas: Statutory Authorization, Findings of Fact, Purpose and Objectives; Definitions; General Provisions; Administration; Provisions for Flood Hazard Reduction; Appeals and Variance Procedures; and Severability.

Chairman Ellis declared the hearing open at 6:45 pm. and called upon Mrs. Wilson for her report. Mr. Butler stated that the one thing he would like to say is that this is required in order for Woodford County to have Flood Insurance. These regulatories are sent down from the Division of Water and it is a pre-requisite to participate in the Flood Insurance Program.

Mrs. Wilson stated that we actually do have an Article 10 that is the Flood Prevention Ordinance in the Zoning Ordinance. This is a proposal to update that existing Ordinance per the State model floodplain ordinance for all communities that participate in the national flood insurance program. Woodford County is a participant, but it was recently discovered by the State and by FEMA that the City of Midway is not a participant and they want to be. In order for them to participate we have to update this Ordinance. In addition Woodford County along with other counties are having the floodplain maps updated through what is called the Map Modernization Program. FEMA has hired consultants to work with each community to prepare new maps. Fortunately because of our GIS program our maps are going to be really nice. Mrs. Wilson stated that she is the certified Floodplain Manager for Woodford County. Our ordinance is very out of date and there is a lot of floodplain areas in Woodford County. The biggest change in the ordinance is a lot of new definitions. It is a fairly substantial update, but it is mandatory. This would be forwarded to all three legislative bodies and it needs to be right away.

Mr. Hume questioned one of the definitions and wanted to add “start of construction” to it. Mrs. Wilson stated that is defined further over. Mr. Hume accepted that.

Chairman Ellis closed the hearing at 6:50 p.m.

A motion was made by Mr. McClees, as seconded by Mr. Evans, to recommend approval to the three legislative bodies to the proposed changes to Article 10, Flood Prevention Ordinance. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

FINANCIAL REPORT AND BILLS, MONTHLY BUDGET REPORT, REPORT TO COMMISSION, SURETY REPORT

The reports were accepted administratively.

A motion was made by Mr. Hume, as seconded by Mr. Wells, to adjourn the meeting at 6:52 p.m. The motion carried with nine (9) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Ed McClees, Tim Parrott, Chad Wells, J.D. Wolf.

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Carl Ellis, Chairman

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