Nicholasville OK’s huge development on golf course despite zoning commission’s no vote
The Nicholasville City Commission approved a zone change Monday that would allow construction of more than 300 houses on a private golf course, despite the city planning commission’s vote to deny the zone change twice in the past six months.
There was no discussion or questions before the commission’s vote. There wasn’t discussion or debate before its first vote on the zone change in March. Those who voted in favor include Mayor Pete Sutherland, Doug Blackford, Betty Black and Patty Teater. Alex Carter abstained from the vote.
In January, Lone Oak LLC applied for a zone change for Lone Oak Golf Course at 44 Club Drive and 140 Lone Oak Drive from largely agriculture to residential zones to allow for the construction of 316 homes, townhouses and apartments. The plans include 184 single-family homes. The remaining units will be townhouses or apartments.
Bruce Smith, a lawyer for Lone Oak LLC, said the developers are looking forward to starting the development.
“We are pleased with the vote in favor of the zone change and look forward to creating a first-rate development for this community.”
But a lawyer who represents opponents of the proposed Lone Oak development, called the Enclave, said the fight over the development is not over.
Neighbors of the development will file a lawsuit challenging the city commission’s approval of the zone change, said Bruce Simpson, a lawyer for neighbors opposed to the development. A key issue in the fight over Lone Oak’s zone change has been whether the city has enough sewer and stormwater capacity for the new development.
“Approving the development of 317 new houses in the middle of an existing neighborhood which is already overburdened with raw sewage being episodically dumped into its creek is unconscionable,” Simpson said. “The evidence is incontrovertible that Nicholasville’s dysfunctional wastewater treatment plant has been over capacity and out of compliance with mandatory federal and state law for years.”
Simpson filed a complaint with the U.S. Environmental Protection Agency in early March, alleging the city of Nicholasville stormwater treatment facility is inadequate, resulting in sewage back up in yards and into streams and creeks. The city’s failure to fix those problems and the state’s failure to force the city to upgrade its stormwater systems is a violation of the federal Clean Water Act, Simpson wrote on behalf of Nicholasville residents.
Flooding and stormwater overflows into yards near the golf course have been problematic for a decade, residents close to the golf course say.
The city’s wastewater treatment plant went over its regulated capacity in January 2019, city officials have said. That happened in part because of higher-than-expected rainfall totals in 2018.
But state documents show state regulators have dogged the city for an updated sewer and stormwater treatment plan for more than a decade.
The complaint to the EPA alleges Nicholasville was required to update its facility plan — which shows its wastewater treatment systems — every ten years. Its last plan was updated in 2002. A letter from state Energy and Environmental Cabinet officials in 2014 asked for the updated plan by 2015. The city ignored the request. It wasn’t until February 2020 the city sent an updated plan.
As part of that agreement with state regulators, Nicholasville has agreed to spend $20 million to expand its sewer capacity by 30 percent. But that project will not be completed until 2022, city officials said in March.
City officials have also said they are working on a separate project to determine why so much water is getting into the sewer system in the neighborhoods surrounding the golf course, which is causing the stormwater or manhole overflows. It also maintains that it continues to receive awards from state regulators for its wastewater treatment plant.
Simpson said state officials have not yet signed off on the agreed order with the city of Nicholasville.
Simpson said the EPA has not yet responded to the initial complaint despite repeated phone calls and letters. More than 100 Nicholasville residents have also filed complaints online with the EPA, demanding an investigation, he said.
Lone Oak developers have said the new housing on the now failed Lone Oak Golf Course will be built over several years and therefore, won’t overtax the current sewer system.
Lone Oak applied for a similar zone change last fall.
In October, the Nicholasville Planning Commission voted 6-4 for 343 housing units on the golf course after hearing hours of testimony in two different meetings. Lone Oak LLC ultimately withdrew its zone change application before the city commission could consider it.
In January, Lone Oak LLC filed another request but decreased the number of housing units to 316. In late February, the Nicholasville Planning Commission voted 6-5 to deny the second zone change.
The proposed development has been one of the most controversial zone changes in recent years in Jessamine County.
The city commission voted in July 2019 to annex the golf course, despite strenuous objections from neighbors and others opposed to the annexation.
Annexation by the city allows Tall Oak LLC to get water and sewer lines extended into the property.
Developers typically make purchases of property contingent on zone change approval.
But that’s not what happened with the Tall Oak LLC development.
Tall Oak LLC investors Clay Corman and Bill Hayden purchased the 130 acres in May, three months before the July 2019 annexation vote, Jessamine County property records show.
This story was originally published May 19, 2020 at 7:39 AM.
