There is a storm a brewin’ in Clark County right now. The debate is private property rights vs. the Comprehensive Plan Winchester KY.
The following letter to the Editor of the Winchester Sun tells the tale. But first, a little background:
A local couple, who had worked their 102-acre Winchester farm for many years, recently sold the farm at auction to Richard Monahan, owner of The Allen Company. The farm was appropriately zoned A-1 Agriculture.* The new owner immediately applied for a zone change which Planning & Zoning (P&Z) promptly recommended for approval without a backward glance, ignoring all the rules in place for such a change. Hmmm.
Dear Editor:
I want to bring the public’s attention to an evolving situation in Clark County. The Allen Company, which operates a quarry in Madison County, is requesting a zone change for 102 acres of prime farm land from Agriculture (A-1) to Heavy Industry (I-2), to create an open-pit limestone quarry, with rock crushers, truck scales and sediment ponds. This farm is on Kentucky 627, just north of the Kentucky River, and is adjacent to my home.
The Director of Planning and Community Development, Rhonda Cromer, has recommended approval to the Winchester/Clark County Planning Commission “based on the 2012 Comprehensive Plan” [pdf]. The 2012 Comprehensive Plan Winchester KY designates this part of the county as a Tourism area, which includes Fort Boonesborough, Lower Howards Creek Nature and Heritage Preserve, Hall’s on the River and a Civil War fort. Sites the plan designates for I-2 zoning are in the I-64 corridor north of Winchester.
Anyone driving from I-75 toward Winchester has seen the Allen Company’s current mining and asphalt production facilities. The existing mine in Madison County is underground. What is planned across the river, alongside the highway with no buffer zone (required for this use by the Comp Plan) and adjacent to several communities, is an OPEN-PIT mine. This is in no way compatible with the Comprehensive Plan, and many in Clark County are at a complete loss as to why the Zoning Commission would recommend approval.
There are many things wrong with the recommendation. The open-pit mine would destroy the viewshed at this major gateway to our county, create hazards with mineral dust and sediment ponds next to an open waterway on the farm, destroy the quality of life of communities near the property, devalue our homes and add fully-loaded gravel truck traffic to Highway 627. These trucks would be entering the road midway in a steep grade, into often heavy traffic, with tractor-trailers barreling down the hill toward Madison County, school buses and frequent fog from the river.
2012 tourism expenditures in Clark County alone were just under $79 million in a multi-county area defined as “Bluegrass, Horses, Bourbon and Boone” in official State publication ECONOMIC IMPACT OF KENTUCKY’S TRAVEL AND TOURISM INDUSTRY – 2011 AND 2012. Clark County’s part in this is “Boone”and this proposed open-pit mine would be in the heart of the oldest historic areas of Kentucky, the Boone settlements.
The most disturbing thing is the irresponsible manner in which our county officials are approaching this request, which does not serve Clark County citizens, only the economic interests of a company based in Fayette County with primary operations in Madison County. If approved, this open-pit quarry will permanently destroy this beautiful, historic gateway to the county in which I chose to build my home and spend the rest of my life. This deserves scrutiny from anyone concerned about Kentucky’s heritage.
Sincerely,
Beth Meredith
So who prevails here: the individual private property owner who wants to do with his property as he wishes (Richard)? Or the surrounding owners (neighbors) who believe that, because the city is ignoring its own Comprehensive Plan, their property rights are being significantly compromised?
How significant is that loss of property rights?
They will certainly suffer loss of “quiet enjoyment.” Property owners who live near the Allen Co.’s current mines must endure the shaking and loud BOOMS produced by regular blasting. Since this will be an open pit mine, there will be significant dust produced as well. Since dust travels on the wind, it is a concern for neighbors farther away, too.
The neighbors will realize significant loss of property value due to the dust, booms and shaking, not to mention damage to foundations, walls and ceilings as reported by owners living near current mines.
Selling a home in an area zoned Heavy Industrial? Good luck. Real estate brokers are required by law to disclose any facts materially affecting the value of a home. Would you buy a house you knew was subject to nearby blasting? Or a home where one of the permitted uses below could be installed? Hell no. Maybe a better question is: who in their right mind would?
Let’s add a little insult to injury here: technically, each succeeding level of permitted use includes the previous zones permitted use. So, in an I-2 area, virtually anything goes. The result? While the surrounding residential property values plummet, this property’s will skyrocket.
When a city/county passes a Comprehensive Plan, don’t they have to follow it?
In fact, they do. KRS 100.213 says so:
P&Z ignored its legal obligations completely in making its recommendation. What is going on here?
In an unzoned world, the quarry guy’s neighbors would have to sue him which is why we have courts in the first place: they are the last defense against property rights’ transgressions. However, in this world, the neighbors bought into a zoned neighborhood. KRS 100.213 was put in place precisely because it’s not fair to change the deal now.
If this zoning change is approved, the door is wide open to other Heavy Industry on scenic 627. Actually, this will have been such an easy swap, the door will be wide open in your neck of the woods, too. “Why not? Winchester did it!”
Seriously, if A-1 Agriculture — the least intrusive of all the zones — can be changed to I-2 Heavy Industry — the most intrusive — with zero justification… why do we have zoning at all?
And why would a savvy business person spend several hundred thousand dollars cash on a property, hoping for a zoning change?
What can you do?
Attend the Planning and Zoning Commission meeting next Wednesday night 6pm at the Clark County Courthouse. Keep up with the situation at StopTheQuarry.virb.com. And you can follow on Facebook. See you Wednesday!
Footnote: UN Agenda 21?
Private property rights are the foundational principle upon which the Constitution was created. These rights are being steadily eroded, mostly through local planning and zoning, often in lockstep with federal alphabet agency regulations and legislation at all levels.
Once these rights are gone, history proves them to be quite difficult to reclaim.
Learn more about Agenda 21 here. Kentucky General Assembly Senators John Schickel and Robin Webb are aware of the dangers. In the 2013 session, they co-sponsored a bill to stop Agenda 21 in Kentucky. It will be back in 2014 — please call your legislators and ask them to support it!
*To compare A-1 Agriculture zoning with I-2 Heavy Industrial, click here to get into the City of Winchester codes, then click on APPENDIX A – ZONING ORDINANCE, then ARTICLE 6. – ZONING DISTRICTS, then 6.1 – Agricultural District (A-1) and then 6.16 – Heavy Industrial District (I-2).
UPDATE 6/20/14
The citizens won this battle, the mine is not going in on the Clark County side of the river.
FYI, after the first battle in fall 2013, the Allen company changed some of its requirements and brought the issue back to the city again in spring of 2014 — even though they were not supposed to for two years. They were soundly and quickly defeated again. This issue should be dead in the water now. At least for two years. Stay tuned.
Interesting comments on open pit quarry. My favorites? The area has problems so lets just make it worse. No suggestion on how to rid ourselves of the “half sunk” old boats, or the trailer park eyesore. This type of reasoning is the problem. I say: Clean up the trailer park by fining the person or company responsible for it, fine the person or company responsible for the eyesore boats. Why isn’t our zoning board taking care of this? Why isn’t Rick Smith our magistrate mad as hell at the way his area has become a dumping ground?
Looks like the one person has a point, and Sally if this is your story you can’t defend it any better than saying oh you don’t get it? If the area is in that bad of shape with old boats, etc all around this area, then yes it should be allowed to be mined, what can it hurt, who would want to live around all of that stuff anyway. Plus the story mentions property values, etc all arguments that the one person mentioned, but sall y never responded to those. Guess she was overwhelmed
The cureent farm is useless, before the Allen company bought it, it was grown up and nasty, weeds over your head. The hill is unsafe to mow, and covered in rocks. The bottom land floods when it rans alot, making it a mess if it is used with animals, so you have less than half the farm that is worth anything. It neighbors the exsisting quarry so whats the big deal. Yeah there is dust, there is now, a slight rumble each day at closing time, happens in lexington everyday out Leestown, houses still sell. If anything the chances of property values will increase if land can be zoned industrial. The area is home to a rock quarry so this is the least intrusive place to expand it.
Property Values, the rock quarry is open near the sites now. Plus a sewage treatment plant, and a power plant 3 miles down the road. 2 half sunk boats on the river, an old empty trailor park. Oh and half the homes have no city water supply, yeah they are worth alot.
I love not having city water! You ever have that crap tested? Omg, it’s poison.
You miss the point, really. The city sets up this Comprehensive Plan, then doesn’t follow its own rules. Scandalous.
The comp plan also says on page 52 and 53 that they will test your non-city water supply. Have they done that?
Must have hit a nerve.
I’d bet they buy more land in that area, as I mentioned the area is already run down, the farm isn’t historic, 627 formed part of the farm as it is now. your water must not get tested as the comp plan states, so the comp plan doesn’t follow through and the county has not followed it. So I’d say it will be a quarry or a huge parking lot for heavy equipment in the next 2 years. i don’t live in the area, I could care less other than the people in the area need to clean up the mess around them rather than trying to stop progress. But think what you want.
We didn’t stop progress. We stopped destruction.
2 years, Clark county is broke, just wait and see, facts are facts
You notice how many other people seem to care by the number of comments
I noticed how many people cared by the number who showed up at the meetings.
Yes, half were employees of Allen,, few people with some drug records, and some people that asked a bunch of silly questions over and over,, even zoning members have made fun of the silly questions.
The county could have ended it by completing a second and voting no,, they choose to not second and allow the door to be open for future tactics, that speaks volumes.
there will be a quarry there, the people in the area might as well be ready for it,, if its not a quarry it will be area that the allen company parks its trucks on, just watch and see, maybe not today, but in the near future it will be a quarry again.
We’ll see. I’m betting you are wrong. Unless the Allen Company is successful buying off city employees or somehow corrupting the commission, they better find another more suitable location.
This farm was never an above ground quarry. There was a quarry down way down next to Hall’s restaurant that touched the tail end of this property that was last mined in 1949. The writer definitely does not have their facts straight! We love and cherish our land here in Boonesboro and my wish would be that you would enjoy it as well. And most of us do have city water and have had it for years. Take a hike at the Lower Howard’s Creek Preserve or at the Civil War Fort and you will see the beauty of this area. We must protect our land as this is one thing that we cannot manufacture.
Obviously the people on the board need to take a road trip and see where this place is wanting to destroy the land. Not realizing, I’m sure, it’s an historical area. The typical actions of people that don’t care about their job and just keep pushing the paperwork onto someone else… I hope the meeting next week is jammed packed with the citizens of the county. I would go myself if able from INDIANA!! I grew up in the Estill/Clark county area this is completely devastating to think of this beautiful area being blown apart.
Approve.
um… it’s rich people allowing other rich people to rape our soil and the expense of all the poor people. same shit that’s been going on for years… just another layer of the fucked up onion people love to call KY.