Story - The Meade County Messenger


Vol. 116, No. 51	December 17, 2008

Proposed zoning regulation text amendment withdrawn; process to be redone

By LARRY SEE JR.
Messenger Staff

A proposed amendment to the Meade County Zoning Regulations regarding the use of explosives in agricultural areas by non-farming activities met with deferral during the Dec. 9 Meade County Fiscal Court meeting.

County Planning and Zoning Administrator Charles (Tony) Coletta withdrew the proposal following comments from Louisville attorney Michael Tigue, representing the Meade County Quarry.

Coletta said the revised public notices would be posted in plenty of time and the matter might undergo two hearings – one at Fiscal Court and the second at the planning commission – before the matter returns to the Court.

Coletta said the regulation changed after several questions were raised with regard to the provisions, specifically in agricultural zones.

“The Planning and Zoning members did review the text and basically it didn’t pass the ‘make sense’ test,” Coletta said.

Coletta said the proposed regulation was reviewed by County Attorney Margaret Matney and deemed correct and proper.

“The original text amendment was ambiguous and open to interpretation,” Coletta said, adding the planning commission wanted to ensure the text was in line with the original drafters intentions.

Tigue questioned why magistrates would adopt an ordinance blocking the ability to foster quarry development and which would limit the development of farmers.

“I heard a lot of conjecture but no facts,” Tigue said. “What I heard here tonight was assumptions.”

Tigue said the quarry would bring jobs and about $250,000 to $300,000 in severance taxes.

“This would definitely have an economic benefit,” he said.

Tigue said magistrates didn’t have an approved signed resolution copy in front of them, adding he had requested a copy earlier from Coletta.

He also alleged the hearing wasn’t held within the seven day timeframe as required under KRS statutes.

Coletta disputed the statement saying Matney confirmed the hearing publication was within the timeframe.

“I talked to the assistant county attorney and she confirmed it with Margaret that it was seven inclusive days,” Coletta said.

“My clients live out of town and they rely on mail delivery for notification,” Tigue said. “They didn’t receive a call or an invitation to be present to be heard at the forum.”

Tigue said the planning commission should act by their minutes, not an internal resolution. He called earlier in the week requesting a copy and Coletta sent him one, but at no time did he indicate it was a draft copy.

“That didn’t happen,” he said. “And because of that I would think there might be some other people in the dark.”

Tigue suggested the matter be returned to the planning commission.

“It isn’t proper, it does not meet the standards and it did not provide for the proper notice to the people,” Tigue said.

“I think it is incumbent on each of you to remand it back to the planning commission to make sure the procedure is done correctly.”

He said by doing so, officials could devise a text amendment which would make sense for both the agricultural community and economic interests.

Resident John Woodward, a former city council and county planning commissioner, said the county received a considerable sum in severance taxes last year, adding other fifth class cities in the county received funds as well.

“Every fifth class city and above gets money separate from the Fiscal Court,” he said.

Woodward felt the economic conditions Meade County residents are experiencing are similar to those others are experiencing.

“We need to work on our roads folks,” he said. “We also need these funds to help keep the lights on here in the courthouse. We are getting a half million in severance tax money and I think that can go a long way to working on the roads and keeping the lights on.”

Woodward said adopting the zoning text amendment would be wrong for magistrates to do.

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