Midway developers should not be able to build private sewage plant near Elkhorn Creek
The developers of a proposed RV park in Midway are asking the Woodford/Versailles/Midway Board of Adjustments to change their conditional use permit to allow them to build a private sewage treatment plant to treat the sewage from over 1,000 RV sites located one mile from downtown Midway on the banks of Elkhorn Creek. The BOA should vote NO, following the Midway City Council’s 6-0 vote turning down the developers’ request for city water and sewer service. The city council vote came after an enormous public outcry from those opposed to this development on Woodford County farmland zoned agricultural. I represent the Midway Concerned Citizens.
Midway is a charming, historic town, a major residential and tourist draw for those seeking a slower pace. If this RV park is built, it will be one of the largest in the eastern United States and hundreds of oversized RV’s will be traveling daily through downtown Midway on the way to the park. This estimate is from the developers’ own traffic study. In May, BOA voted to approve a conditional use permit for the RV park, but stated as a condition that the park be serviced by municipal water and sewer. That condition should not be altered. The developers could have sought a “preliminary determination” from the state Division of Water before asking BOA to amend the permit, but did not do so. So, the BOA, lacking the expertise of the state Division of Water, is being asked to approve a private sewage treatment plant that has not undergone critical examination. The city of Midway operates the only municipal sewage treatment plant in the area, and does not want the sewage from this development. Discharge from a private sewage treatment plant would be put directly into South Elkhorn Creek. The public loves the “iconic landmark for the region” (developers’ words) that is South Elkhorn Creek. Further degradation of this beloved waterway is not in the public interest.
On Dec. 6, the BOA voted to delay a vote until Jan. 3. Prior to Dec. 6, my clients asked the developers to delay the application to BOA and to hold a public meeting to allow citizens to voice their concerns. They refused both the request to delay a vote and to allow the public to speak at a public forum, perhaps because opposition to this proposed private sewage plant is overwhelming, as evidenced by a letter written to BOA members from the General Manager of Georgetown Municipal Water and Sewer Service (“GMWSS”) on behalf of Scott County, the cities of Georgetown, Midway, and Versailles, WEDCO District Health Department, and the GMWSS Board of Commissioners opposing the private sewage plant. The letter notes that Scott County is now facing tens of millions of dollars to clean up problems from private sewage plants serving two mobile home parks. As is the case in Scott County, if this private sewage treatment plant fails, the taxpayers of Midway and Woodford County would be on the hook for cleaning up the sewage and garbage left behind.
The developers have exploited a loophole in the Woodford County zoning ordinance called “tourist destination expanded,” which is meant to allow agricultural land to be used for bed and breakfasts or wine tasting facilities. It was never meant to allow 1,000 site RV parks to built on agricultural land. Their proposal has opened the door for agricultural land to be used for large scale commercial development WITHOUT undergoing a zone change, and without having to go through the extensive public comment period and legal protections afforded the public for zone change applications. If this RV park is allowed to be built at the scale proposed, it will seriously jeopardize important farmland protections put in place through the hard work of many Woodford County residents over the past 50 years. This loophole should be closed to prevent this sort of abuse in the future.
Joe Childers is a Lexington attorney.