Calvert City Council upholds planning commission ruling on proposed property development on Hwy. 62

(From left) Council members Lisa Sills, Gene Coburn and Tanara Babcock debate the details of a planning and zoning commission finding that a proposed boat storage facility would not meet conditional use permit requirements to develop in the limited use zone on U.S. Highway 62 in Calvert City Monday at City Hall.

Calvert City councilmen on Monday upheld a finding by the city’s planning commission declining conditional use permits by a local property owner who had hoped to build a boat storage facility along U.S. Highway 62.

Attorney Marty Johnson, representing Steve and Lisa Kidd of Calvert City, appealed to the council during a hearing set to take place at the regularly-scheduled council meeting at City Hall. The Kidds, who purchased the property last year, had intent to construct the boat storage facility along that corridor near the Econo Lodge but were misinformed on the city’s zoning authority, having been told that the property did not fall under city ordinance, Johnson said. However, all of the property on that stretch up to Kentucky Dam Village State Resort Park falls under city zoning authority.

The zoning ordinance in place does not allow for construction of warehouse or mini-warehouse facilities in limited use zones, under which this property falls. Further, all property development in that area is on a conditional use permit. The planning commission determined during a previous hearing that the proposed facility would be classified a storage warehouse, as it would be a facility with multiple units available for rent to the public.

“I would point out to you … we are concerned that the stated purpose of the limited use district that you’ve established out there, it’s to ‘provide a logical, appropriate, aesthetically pleasing area of transition from highway oriented commercial districts surrounding the intersection of U.S. 62 and Interstate 24 to Kentucky Dam State Park,’” Johnson said. “’This area should be developed as a combination of appropriate commerce and points of interest directed toward the promotion of the recreational facilities of the city and anticipated public use of the Kentucky Dam Village. Aesthetic compatibility with these purposes is essential to the property development of this district.’

“Bearing that purpose in mind, it’s our position that a boat storage facility fits appropriately within that district,” Johnson said. “It has to do with the use of the lake, the facilities that are at Kentucky Lake, and it’s our position that if this is a consideration, it should be a business that would be appropriately permitted in that area.”

The council discussed at length the potential for any land development in the area and the difficulty it’s posed thus far.

“That whole strip is difficult to develop because it’s all low,” City Attorney Greg Northcutt said. “It is expensive property to develop. It had no zoning on it for years and years and years, and there’s still nothing built out there, and it’s because it’s so expensive to build.”

Council members questioned whether the matter should be sent back to the planning commission for consideration of a new classification under which the proposed facility would fall.

“With all respect to the all the hard work that the planning commission and the board of adjustments does, and (City Administrator) John (Ward) does, I have a great fear that we’re going to zone ourselves right out of business some day,” Councilwoman Neeta Hale said. “… If you put it as a warehouse I can see not having it – and I came up here tonight with the full idea that I was going to support everything that the planning and zoning commission said – but it does seem like a different animal to me. In the sense that what he’s saying about the aesthetics and the way it’s going to be done, I don’t know what other property people would develop in that one piece of property there. It’s flat, I mean, I don’t think anybody’s going to come in there if you’re wanting a hotel or another business or anything it’s not suitable for a lot of different things like that, in my opinion. I think it might be a good idea if they did review their definition of it and consider the property itself, sometimes you have to be individual on the use of a certain property, and if it’s going to sit there idle for people to have some use out of it.”

Mayor Lynn Jones reminded council members of the city’s commitment to former Gov. Steve Beshear to maintain a strict standard of development along that corridor to secure approval for interchange work – which includes development of the walking trail to connect with the state park – in the area. That commitment continued with Gov. Matt Bevin; a change, he said, could jeopardize the project.

“When you give your commitment to the governor, whether you change administrations or not, your word is your word, and integrity is more important than a change of administration,” Jones said. “I was sitting in that room and gave the governor our word that we would, at the highest level, protect the aesthetic of that property. Because what they want in that roadway that’s going to change dramatically, they want you driving to the park with the anticipation of what you’re coming to is extremely important and valuable. … We’ve got some properties on that road we’re going to have to clean up yet. We’re not finished cleaning it up. … I mean, I understand the warehouse theory, I understand that. But are motor homes also classified the same because people go camping in the motor home? Would that warehouse be the same as encouraging? Would antique car storage because they have cruise ins on the lake, would that be encouraging? That’s not the idea. A warehouse is a warehouse.”

Northcutt went through the conditional use exceptions allowed in a limited use zone as they stand in the existing ordinance. Those exceptions included community buildings, craft breweries/distillieries/wineries, gift shops, government buildings, offices, amusement parks, park playgrounds for nonprofits, public transportation terminals, restaurants, theaters and apparel shops. Ultimately, Northcutt said the state had envisioned what he called a “Lexington-ish” throughfare – a showcase – approaching the state park from the interchange. That dream, Northcutt said, was one the state had committed millions to seeing through.

“Philosophically, the idea is that area is going to change from Hwy. 62 to a boulevard,” Northcutt said. “They’re going to put a lot of money to making that a different kind of area. When it’s a divided highway with greenery in the middle and a walking trail along the side and a black fence or white fence or whatever it is they’re going to put up along there, it’s much – dare I say – Lexington-ish than it is rural Kentucky-ish. And I think that’s the concept, that’s the hope, that’s the wish. It’s low land. The hope is that with that kind of investment in that passway that it will become an attractive draw from (I) 24 to the state park. … Who knows if any of it will happen, but that’s the dream. … And they’re going to spend a few million bucks to see if they can try to make that dream come true.

“If the dream were to come true, Mr. Kidd’s property would become very valuable,” he added. “If the traffic patterns become significant on that roadway, then all the sudden it becomes worthwhile to invest money to raise something up out of the floodplain, to go get some exchange property for it, and you know to make the investment.”

The council voted to uphold the planning commission findings that the proposed facility would be classified a mini-warehouse and thus would not meet conditional use exceptions to construct. The vote was unanimous.

In other business, the council:

  • Determined to form a policy for council use of iPad and other technology devices provided by the city modeled after Calvert City Police Department practices; and
  • awarded a bid for replacement for the West 2nd Avenue bridge to Wilkins Construction of Paducah in the amount of $160,664.