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Trimble magistrates deny Milton land subdivision
, Courier Staff Writer
Tuesday, June 18, 2013 11:00 AM
A vote by the Trimble County Fiscal Court magistrates denied the subdivision of land on KY 36 along the Ohio River's edge in Milton during a meeting Monday.
Magistrates Steven Stark and Nolan Hamilton voted in favor of the motion to approve the subdivided property with variances and other deed and plat stipulations. Magistrates Kirby Melvin and David Scott voted against the motion. Trimble County Judge-Executive Jerry Powell cast the tie-breaking "nay" vote.
Magistrates discussed the county's ordinance for roadways in subdivided areas, noting the road in the plats did not provide a turn-around for vehicles or meet other requirements for the county to take over the road in the future.
Magistrates also expressed their frustrations about the way the land had been subdivided and put up for sale without the Fiscal Court's knowledge during discussions with Scott Lynch of Scott Lynch Realty and surveyor Bill Pettitt of Pettitt and Associates in Hanover.
"This is nothing we created," Melvin said during the meeting. "This was thrown in our laps."
County attorney Perry Arnold also brought up the issue of allowing the land to be approved for recreational use under the county's subdivision ordinance.
"If they meet all these requirements (for a subdivision), I think they can build a house down there," Arnold said, allowing the landowners could get approval to build with flood plain regulations.
After meeting with magistrates over the past few months, the developers had gained approval from the city of Milton for sewer and water on each lot, Lynch said. Developers had also gained approval from the state for one entrance to the property.
Developers were also willing to increase the right-of-ways on the property to meet the 40-foot right-of-way requirements for the county, Pettitt said.
Powell said he didn't like the way the developers went about the subdivision and came to the Fiscal Court when the process of deeding the land became a problem.
Scott noted the Fiscal Court needed to look to the future as their predecessors tried to do with the county ordinance on subdivisions.
"The courts did this to stop this from happening," Scott said of the county ordinance. "I think it's a division of land and it needs to follow regulations."
During the meeting, Lynch asked if the county would have any requirements for a limited liability company should a group be formed and shares be sold to the property.
"If it's not subdivided, I don't care what you do," Powell said.
Lynch described the county as "definitely not a pro-development atmosphere," but said developers would regroup and speak with the owners of the estate to see how they want to move forward.
Magistrates denied the motion to subdivide the property by a 2-3 vote.
"It's just a shame," Lynch said of the decision.
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