Developers must be allowed to proceed with private wastewater plant for Midway RV park

Attorney Joe Childers wrote a misleading opinion as part of his efforts to demonize the Kentucky Bluegrass Experience Resort. KBER was granted a Conditional Use Permit by the Woodford County Board of Adjustments on May 3, 2021, to operate an RV park for overnight guest accommodations on 390 RV sites and 82 cottages.

Prior to that vote, KBER owner Andrew Hopewell and planner Joey Svec met with the Mayor of Midway and the Woodford County Judge Executive in 2020 before buying the farm to describe their plans. They received enthusiastic support from these county leaders.

The conditional use application received letters of support from the Woodford County Chamber of Commerce, Woodford County Tourism Commission, Woodford Economic Development Authority and the Woodford Forward. KBER has received the near unanimous support from the Midway Merchants Association.

On May 4, 2021, the day after the BOA approved the KBER application, Midway Mayor Vandergrift sent Andrew and Joey an email, stating, “I’m so happy to have heard last night that your plans were approved by the BOA. We are very excited about this opportunity to grow Midway’s tourism and local economic potential. Please let me know if I can help with anything. As you all get an idea of how much sewer capacity you’ll be using, let me know and we can start talking services. Cheers.”

Thereafter, Joe Childers was retained and he and his clients began their attack on this project. He has continued to refer to this proposal as having “over 1,000 RV sites” when it has never had over 390 RV sites. In response to criticism that this proposal was “too big,” KBER has withdrawn its application for a permit in Scott County.

Mr. Childers continues to incorrectly describe this proposal as “one of the largest in the eastern United States.” KBER submittals to the Midway City Council compare the 98 acre KBER site to Lake Rudolph, Santa Claus, Indiana, with 533 guest accommodations on 120 acres, and Carolina Pines, Conway, South Carolina with 840 guest accommodations on 110 acres and others.

Mr. Childers continues to refer to “hundreds of oversized RV’s …traveling through downtown Midway.” Where the park will average about 60% occupancy year-round, that will average 14 vehicles per peak hour. KBER will mitigate that potential impact by instructing all guests coming from the Nashville area to exit the Bluegrass Parkway at US 127 and travel to the park on I-64 from Frankfort, so they can avoid the railroad tracks on Main Street in Midway.

Where KBER has been granted a conditional use permit and where KBER asked for municipal sewage treatment for that park from the nearest facility, but was denied that request, KBER has no other option but to build its own private sewage treatment plant.

KBER has identified EarthTek, as one of the best private package treatment plant installers in the United States. Kevin Chafee, owner, testified at the Board of Adjustments meeting on December 6, 2021, concerning this state-of-the-art treatment technology. KBER requested a conditional use amendment to allow KBER to apply to the Division of Water for a permit issued pursuant to Clean Water Act. The facility that EarthTek will install will meet wastewater treatment standards that equal or exceed the Midway Sewage Treatment Plant. Elkhorn Creek will be protected from adverse impacts from the KBER park.

KBER owns the land with a conditional use permit for a Tourism Destination Expanded in the Agricultural Zone. KBER needs to provide its guests with permitted and regulated sewage treatment. Where the City of Midway has denied KBER’s request for such service, KBER should be given the permission to apply to the Kentucky Division of Water for a modern private sewage treatment plant. The Board of Adjustments should vote YES on the KBER amendment request.

The documents referred to above, and a more detailed response to Mr. Childers can be found at KBER web page: KBER.info.

Hank Graddy is the attorney for Kentucky Bluegrass Experience Resort.