Commission splits on Big Hill zone change

Local News

January 24, 2008

Bill Robinson The Richmond Register Thu Jan 24, 2008, 09:25 AM EST

The Madison County Planning Commission on Tuesday night voted 4-2 to recommend a zone change on Big Hill Road (KY 21) and split 3-3 on another.

The absence of Commission Chair Robert Farmer left an even number to conduct business.

Harold Johnson sought to change from agriculture to commercial 1.6 acres behind Montgomery Farm Supply so the business could store products such as fences, gates and culverts. The property is bounded on the east by the west fork of Silver Creek.

Glen and Nita Wiles, whose property borders a portion of the site to the west, opposed the change.

Attorney Bobby Russell, representing Johnson, said commercial zoning would give the county’s codes enforcement office more control of activities on the property because fewer restrictions apply to agricultural land.

Existing trees to the east and south provide a natural screen for the property, and the owner proposed creating a landscape screen to the west, he said.

Attorney Kenny Duerson, representing the Wileses, said there had been insufficient change in the area to justify rezoning.

The farm supply business had used the land for storage in the past, in violation of county codes. The non-conforming activities ceased only after numerous complaints from the Wileses and repeated efforts by the enforcement office, Duerson said.

Glen Wiles said he and his “tried to live with the noise” of motorized equipment delivering and retrieving products from the lot. “We couldn’t; so we went to (Duane Curry, county planning administrator).”

Commissioner Chandler Combs said the farm supply business had operated at its present site for more than 30 years. Farmers from southern Madison and surrounding counties depend on the store, he said.

“How far is the Wileses’ home from the fence” bordering the property?” asked Commissioner Wanda Pennington. Curry said it was 200 feet.

Combs, Pennington and Commissioner Gary Hart voted in favor of the change. Vice Chair David Bohannon and Commissioners Paula Maionchi and William Witt voted against.

Bohannon, who presided, said the request would go to fiscal court without a recommendation. Fiscal court would have to pass the measure on two readings before it would be approved.

The commission sent another request to the court with a favorable recommendation.

Chester Powell had asked that property at 1452 Big Hill Road, on which he operates an automobile salvage business, be zoned for light industrial use. The property is zoned for agriculture. Three parcels of adjacent property is zoned for commercial use, and another is zoned for agriculture. An asphalt plant is nearby. Most of the property lies off the highway, with an access road going through a 150-foot front.

Maionchi questioned why property “with a lot of rise and fall that usually is not suited for industrial use” be given an industrial classification. As a pre-existing use, the property “can stay a junkyard without a zone change,” she said.

Bohannon said the asphalt plant, as well as nearby machine shops, which are industrial uses, would justify rezoning as industrial.

Maionchi and Witt voted against the change and the other four voted in favor of the request.

After answering questions from concerned business owners and neighbors, the commission voted unanimously to recommend switching the classification of commercial property around Exits 95 and 97 on Interstate 75 to the county’s new interstate commercial zone.

The new zoning classification would complement the county’s “big box” regulations, which requires large retail structures to maintain an appealing external appearance, he said.

Mobile home sales lots, farm supply stores, outdoor flea markets, truck washes and some other uses permitted by current zoning would not be permitted under the new zone.

The commission also approved a development plan submitted by Pennington and William Noble for property at the intersection of US 421 and KY 3376. Pennington, a member of the commission, abstained from the vote.

Bill Robinson can be reached at brobinson@richmondregister.com or at 623-1669, Ext. 267.

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