"Failure to Plan is Planning to Fail"
2007 Land Use Decisions Scorecards
Land Use decisions by the Oldham County Planning and Zoning Commission and Oldham County Fiscal Court are important for the citizens of Oldham County with respect to the pace and quality of future development; infrastructure requirements and funding; environmental protection; and ultimately property taxes (see the Board of Education Facilities Plan ).
During 2007, some prominent Oldham County developers attempted to influence the selection of Planning Commissioners. As a result, Oldham Ahead began to record the land use decisions of Planning Commissioners and Fiscal Court members to provide the public transparency to the the decision making process within the county.
In general, Kentucky laws favor the development community in Planning and Zoning decisions. For development plans, Commissioners have very little latitude in their voting if the applicant meets the county's subdivision regulations and other county and state requirements. Commissioners have greater discretion in considering rezoning applications. The Planning and Zoning staff generally works very closely with developers in reviewing development plans prior to Planning and Zoning hearings in order to ensure the application comply with county regulations. As a result, the Planning Commission approved about 80 percent of rezoning and development plan applications during 2007.
The Commission approved 67 percent of rezoning applications during 2007. As a body, it displayed concern where rezoning requests involved proposals to rezoning Conservation-zoned land to residential--specifically lands that serve as buffers to watersheds and water bodies. The Commission denied a total of four rezoning requests during the year, to include high profile requests in the GlenOaks and Briar Hill subdivisions which involved land zoned Conservation (CO-1 zoning).
Whereas the Planning Commission relies on a wide body of evidence to include the application file, maps, and other technical data, Fiscal Court, in deciding rezoning actions, relies primarily on the summarized minutes from the Planning Commission meeting, and the evidence provided during the Fiscal Court hearing itself. The majority of Planning Commissioners take the time to review applications in detail and ask reasoned questions with respect to the application's impact on roads, schools, stormwater run-off, and sewers. Fiscal Court members have not versed themselves adequately to address these important issues and challenge assertions and data from the applicant. They appear easily persuaded by the applicant's attorneys and have gone on record in approving rezoning actions based upon the reputation of the developer as opposed to relying on the evidence or the requirements of the Kentucky Revised Statutes.
Fiscal Court members approve the selection of Planning Commissioners, who serve as the technical citizens' body in reviewing land use applications. Planning Commissioners develop expertise by undergoing formal training and from reviewing a number of applications during their tenure. Given the overall approval percentage of applications before the Planning Commission, there generally is a major issue or issues that preclude the Commission from approving rezoning action or a development plan. The scorecard from Fiscal Court indicates that the Court is inclined to support developer's applications regardless of the recommendations from the Planning Commission and the potential impacts upon schools, sewers, stormwater, and ultimately tax levels.
During 2007, Fiscal Court approved all six land use applications that it heard, overturning recommendations by the Planning Commission in the GlenOaks and Briar Hill cases. Both of those cases have stormwater management implications, as many rezoning requests heard in previous years have.
County officials are currently proposing new stormwater utility fees to address EPA mandated actions to mitigate construction related and other stormwater runoff problems in Oldham County. The collective chorus from the Magistrates are that these fees are "unfunded mandates" over which they have no control. Unfortunately the Magistrates have failed to recognize their land use decisions over the years that have accelerated growth in land buffering the county's watershed and are directly responsible for the EPA sanctions. Their 2007 decisions overturning the Planning Commission will further exacerbate the situation and will have a direct impact upon both property taxes and stormwater fees. The Scorecards below will allow county citizens to form their own opinions based on data collected during 2007.
Oldham County Identified as High Quality Farmland and High Development County
The map below, produced by the American Farmland Trust and included in the Kentucky Department of Agriculture Purchase of Conservation Easement (PACE) Slide Show update on its website identifies Oldham County as one of several Kentucky counties that have high quality farmland and a high development rate--factors threatening America's best farmland.
