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Aug 4, 2005 Minutes - Fayette County Government

Aug 4, 2005 Minutes - Fayette County Government

Page 6

Page 6 August 4, 2005 was zoned tonight and anything hence forth would have a Homeowners’ Association. Vice-Chairman Powell interjected that R-45 zoning would require a minimum 1,800 square foot home. He said he had no idea what the developer would be putting in there but there really had not been too many 1,800 square foot homes built in the County lately. Assistant County Attorney Dennis Davenport pointed out that even though there was a 2-1 vote to approve the request, it would go forward as a denial to the Board of Commissioners. Vice-Chairman Powell confirmed that it would go forward as a denial to the Board of Commissioners. He said the petition needed a 3-0 or a unanimous vote from the members tonight in order to go forward as a recommended approval. He said the Board of Commissioners would be hearing these same petitions at their August 25, 2005 Meeting. He noted that the Board of Commissioners’ vote would be the final vote. * * * * * * * * * * 5. Consideration of Petition No. 1148-05, Berachah Bible Church, Owners, and W. Ronald Newton, Agent, request to rezone 13.34 acres from A-R to R-40 to develop th additional church facilities. This property is located in Land Lot 202 of the 5 District and fronts on Corinth Road. Zoning Administrator Aaron Wheeler read this petition request. Vice-Chairman Powell asked if the petitioner was present. Assistant County Attorney Dennis Davenport felt it would be prudent with respect to each petition tonight that the petitioner affirmatively state that he was going forward in light of less than a full Board. Vice-Chairman Powell asked Mr. Newton if he wanted to continue tonight or table to the next meeting. Weyman Ronald Newton, 310 Corinth Road, Fayette County said he would like to proceed tonight. He said Berachah Bible Church was located on Corinth Road and had been for approximately 25 years. He said there was a property that the Church was originally built on and about six (6) years ago they had purchased property adjacent to the property. He said his property was zoned residential and the adjacent property was zoned agricultural. He said they did have a fundraising program for that and it was purchased from an individual who lived just across the side road which was a dirt road. He said there were three (3) properties on that and one (1) of those was their associate pastor’s. He said the other two (2) remaining houses were the only two (2) others that were within immediate eyesight of his property. He said they were pretty much sheltered from the surrounding area and most of the immediate area was residential as well. He said they had come into the County Offices to get a building permit about six weeks ago and realized that there were two (2) different zonings. He said they were told that they needed to have both properties zoned the same. He said this was the reason for requesting this rezoning so that they could build their church. He said after they were told this, they went back and actually re-evaluated their plan as to where they could situate the church expansion and whether or not they could do it all on the original piece of property and just save the rest for parking or whatever. He said they realized that they could not. He said just a small piece of the church expansion was going to go over onto the new property so they need to get it zoned so that all of the property was zoned the same. He said this was the reason for this request. Vice-Chairman Powell asked for clarification that the existing church facility was on A-R zoned land.

Page 7 August 4, 2005 Mr. Newton replied the existing church was on R-40. He said they were requesting to rezone the thirteen acres from A-R to R-40 so that it would all be residential. He said this request was solely for the purpose of getting the one (1) little corner of the church built. Vice-Chairman Powell said if Mr. Newton was finished with his presentation he could have a seat. He asked if anyone wished to speak in favor of this petition. Hearing none, he asked if anyone wished to speak in opposition to the petition. Hearing none, he closed the floor from public comments and asked for the Board’s comments. Al Gilbert asked Mr. Newton if he was familiar with the two (2) conditions that Staff had recommended. Mr. Newton replied yes. Mr. Gilbert asked Mr. Newton if he agreed to those conditions. Mr. Newton replied yes. Al Gilbert made a motion to recommend approval subject to the recommended conditions. Tim Thoms seconded the motion. Vice-Chairman Powell asked if there was any more discussion by the Board. Mr. Thoms asked if R-40 zoning was required for the buffers that were needed. Mr. Newton said the buffers had not been an issue. Mr. Thoms remarked that it appeared from the plan that there appeared to be more than a 50 foot buffer with the parking. Mr. Newton said he was unaware that the buffer would be different. Vice-Chairman Powell said the buffers were identical. Zoning Administrator Aaron Wheeler interjected that a church is a conditional use in all residential districts and; therefore, in that conditional use, has its own setbacks and buffers required. He said regardless which residential district being it R-40 or A-R they would be the same. Mr. Thoms questioned if the Staff set the conditions or would the Board approve this as R-40 conditional zoning tonight. Mr. Wheeler replied that based on review Staff had determined some recommended conditions. He said if the Board chose to approve with those recommended conditions, it would be a recommended approval of R-40 conditional. Mr. Thoms asked if it would have to be conditional anyway because it was a church. Mr. Wheeler said it was a conditional use but the actual zoning would be R-40 conditional. Vice-Chairman Powell interjected that it would just be an authorized conditional use. He called for the vote. The motion carried unanimously 3-0. Chairman Graw and Bill Beckwith were absent. * * * * * * * * * *

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