Commission takes no action on Nonesuch residential plan
The Versailles-Midway-Woodford County Planning and Zoning Commission tabled action last Thursday, Sept. 12, on a request to rezone 1.193 acres on Cummins Ferry Road for a planned 13-lot residential development in Nonesuch. A storm water detention area and street are proposed on the 1.193 acres, which would be rezoned from A-1 (agriculture) to A-4 (small community) if approved by Woodford Fiscal Court. Neighboring property owners raised concern related to the proposed detention area. Christina Orr, who lives directly across the road, agreed the proposed detention area is in a location that “is the most natural way for the water to flow.” However, Orr said she has three major concerns related to the detention area, including an unknown increase in runoff from the planned 13 lots and how that will affect neighboring property owners. “… A poorly planned, poorly built and poorly managed detention pond will be catastrophic to those of us on the other side of the road,” said Orr. Neighboring property owner Jack White echoed another concern of Orr’s: how runoff from the 13 residential lots will affect groundwater quality, Clear Creek and the Kentucky River. The Planning Commission’s recommendation in 2006 to deny a request to rezone 33 acres from A-1 to A-4 in order to create the 13 residential lots was approved by Fiscal Court and then affirmed by Woodford Circuit Court after a lawsuit was filed by an adjoining property owner. “Planning and Zoning was correct in denying the zone change originally before it was overturned,” said neighbor Lenny Shulman. “This is a vertical property. It is unsuited for the amount of development that’s proposed.” Allowing this development will destroy the rural nature of the Nonesuch community, he added. Property owner Robert J. Radtke also requested a waiver so he does not have to meet an open space requirement under the subdivision regulations for the planned small community development, with lots ranging from 1.783 to 3.651 acres. It’s impossible for Radtke to meet the county’s open space requirement: at least 60 percent of a small community’s perimeter must abut public streets. So a waiver is necessary because the plan conflicts with the A-4 zone, which requires a developer to use existing public streets to meet that open space requirement, Planning Director Pattie Wilson told the commission. “… It’s absolutely impossible to put 60 percent of the open space on existing public road,” said Radtke’s attorney, Bill Moore. “They have to be able to build new public roads to” meet that requirement. The 13 small community lots would be located on two private roads with one common access on Cummins Ferry Road, according to a preliminary development plan. The vote to delay action until at least next month passed 6 to 3, with commissioners Randal Bohannon, Barry Drury and Rich Schein voting no. Industrial zone change The commission unanimously recommended Midway City Council approve a zone change of 137.743 acres from A-1 to I-1 (light industrial). The property at 1132 Georgetown Road (owned by the Homer Michael Freeny Jr. Trust) is located adjacent to the Midway Station industrial park and will provide the Woodford County Economic Development Authority (EDA) with larger industrial lots to market, said Moore, who represented the EDA and Freeny Trust. The commission denied a request from Brown-Forman Corporation, which owns land and Woodford Reserve bourbon warehouses to the north of the Freeny property, to place restrictions on the types of users that may locate there. “We want the right type of neighbors,” said attorney Steve Rochelle. He noted that Midway Station already has specific restrictions related to not allowing strip clubs and other adult-oriented businesses, which Wilson pointed out are users not allowed in an I-1 district. “We are most concerned about whether or not there can be any commercial stockyard,” continued Rochelle. A previous proposal to locate a commercial stockyard north of the I-64 Interstate was unsuccessful several years ago. Rochelle also requested Brown-Forman receive written notice whenever a development plan for the Freeny property has been submitted to the commission. That request was also denied, and he was told that a notification for development plans are published in The Woodford Sun and agenda items are placed on the Planning Commission’s web site. “I appreciate Woodford Reserve,” said Schein, who made the motion to recommend the zone change. “… However, at this point, I’m not prepared to make an exception for a corporation that can well-afford to get the paper or have someone follow” plans for this property that will come before the commission. The commission also approved a preliminary development plan, contingent on the council approving the zone change. Residual lot The commission recommended a zone change and approved a final record plat (contingent on Fiscal Court approving the zone change) so property owner Hernando Plata-Madrid can relocate the rural residential lot at 1011 Curry Place Drive to a more buildable area for a residence. The equal exchange of land involves a tract of 21.173 acres: 1.435 acres of rural residential and 19.738 acres of residual farmland.