Oldham County planning commission backs rezoning of 2419 S. Highway 53 to C-4 with limits on some uses

The Oldham County Planning Commission voted 10-0 on May 27 to recommend that the Oldham County Fiscal Court rezone 2419 South Highway 53 in LaGrange from C‑1 (Local Business District) to C‑4 (Highway Service District).

Commissioners said the recommendation follows negotiations between the property owner and nearby residents and a staff proposal of binding elements to limit certain future uses on the 20.34‑acre parcel.

Staff and the applicant told the commission that the property’s history includes earlier rezoning steps and long‑standing commercial uses; the applicant and neighbors met several times and agreed to remove a list of specific high‑impact uses from potential future development. Staff recommended that any approval be limited to the plan presented at the May 27 public hearing and be subject to binding elements and review requirements.

Oldham County planner Sandy Regroden summarized the property’s zoning history and the point of contention: traffic on Zalesmith Road and the possibility of unspecified future uses. Regroden told the commission that the applicant agreed to restrict commercial access to Zalesmith Road and had accepted a list of uses to exclude, and that the parties had agreed to file a certificate of land‑use restriction at the clerk’s office so the limitations would be on public record. "All traffic for Chateau Cerise is off of 53, so that issue has been resolved," Regroden said.

Applicant counsel said the owner likewise agreed in meetings with neighbors to exclude certain clinic and hospital uses that residents identified as concerns. "We are in agreement to exclude those sorts of clinics from that designation in C‑4, if our application is granted," the attorney said, adding that the parties would spell the exclusions out in the restriction filed in the clerk’s office.

Neighbors emphasized environmental and long‑term use concerns. Nelson Lehi, a Crystal Lake resident, said runoff to Crystal Lake is the principal worry and urged the commission to protect water quality: "Crystal Lake must be protected from the pollutants," he said. Another neighbor, Jim Allen, asked the commission to avoid adopting a broad zoning category that could allow uses that are later difficult to control, saying, "we don't have a really good idea of what the conditional uses might be in the future."

County legal counsel and staff referenced Kentucky law on nonconforming uses, noting that longstanding uses can continue absent adverse action but cannot be expanded. Baxter cited Kentucky Revised Statutes §100.253, explaining the legal framework under which existing uses that have continued for 10 years may be treated as nonconforming uses and the limits on enlargement or change.

At the end of the hearing, Commissioner Nasser moved that the commission recommend approval of the map amendment from C‑1 to C‑4 to the Oldham County Fiscal Court, including the binding elements discussed at the hearing and the applicant’s agreed exclusions; Commissioner Davis seconded. The motion passed on a roll‑call vote of 10‑0.

The recommendation includes staff’s proposed binding elements: the approval would apply only to the plan presented May 27; no changes without planning commission review; the plan must comply with all federal, state and county requirements; proposed uses must be submitted to planning and engineering for review and determination of any required infrastructure improvements or traffic studies; no commercial access to Zalesmith Road from the adjoining R‑2 parcel owned by the applicant; and a defined list of permitted and conditional uses limited by the binding elements. Staff removed clinics and immediate‑care facilities and hospitals/institutions from the allowed C‑4 uses based on testimony and the applicant’s agreement.

Next steps: The commission’s recommendation now goes to the Oldham County Fiscal Court, which will consider the change at its legislative readings. Staff said the certificate of land‑use restriction will create a public, enforceable record of the agreed exclusions; final enforceability and timing will be determined by the fiscal court if it adopts the rezoning.

The commission’s deliberations and the motions are part of the public record for Docket PZ‑25‑013.