A preliminary sketch plat for part of the Westgate subdivision was approved by the Nicholasville Planning Commission at its meeting Monday despite objection from attorneys for R.J. Corman Real Estate and two citizens who live near the subdivision.
The plat for Unit 1B of the subdivision, which consists of 40 lots on a little less than 13.5 acres of land, is the second plat approved for the subdivision, which is located between R.J. Corman’s property and Rosenwald-Dunbar Elementary off Wilmore Road (Ky. 29).
Blaine Early, attorney for R.J. Corman, told the commission that the preliminary plat, submitted by developer RCCB, Inc., did not meet legal requirements for approval in that it did not include any evidence of storm-water management, among other faults.
“It’s going to have a big negative impact on water quality,” he said, asserting that with the new homes, waste from pets, oil and antifreeze from cars, and pesticides could all be washed into Jessamine Creek.
The proposed unit is upstream from Corman’s property, which contains part of Jessamine Creek.
In a lawsuit filed Jan. 30 in U.S. District Court, Corman’s attorneys allege the city of Nicholasville has violated the federal “Clean Water Act” in allowing storm-water discharge from the previously approved unit of the development, Unit 1A, to enter Jessamine Creek.
The mini-plat for Unit 1A was approved by the planning commission in March 2012. Applications for land disturbance and a final plat of that unit, as well as two building permits for homes in that unit, have since been approved.
The lawsuit also states that Unit 1B approval would be a violation.
Storm water from the two units, which together will consist of 64 residential lots on about 21 acres of land, will cause damage to the natural areas in R.J. Corman’s property, according to the lawsuit.
But David Marshall, attorney for RCCB, which is owned by R.J.’s uncle, Clay Corman, disagreed.
“We believe the sketch plat conforms to all necessary specifications,”¿he said at Monday’s meeting.
Traffic from the proposed subdivision was another heated issue.
Ruth Ann Baxter, who lives near the development, said traffic in the area is already bad and that her daughter and a neighbor had both been in accidents in the last couple of months.
After more than two hours of discussion, mostly from the attorneys present, planning-commission attorney Bobby Gullette advised the board it might be better to table the decision, though no decision would make everyone happy.
“No matter which way we vote, we’re going to get sued,” he said.
But board members proceeded with the decision, voting 5-2 to approve the plat, with members Billy Craycraft and Burton Ladd voting no.