Ordinance committee sends revised in-family conveyance language to planning commission after vote

The Woodford County ordinance committee voted to send a package of text amendments on "in-family conveyance" to the Planning Commission for review, including proposed special provisions that would limit how conveyed lots are created and transferred.

Squire Gill moved that the committee strike the existing in-family conveyance exception lot language, keep amendments to Articles 2 and 7, and ask the Planning Commission to add specific requirements: the applicant must be a Woodford County resident; a Planning and Zoning-approved affidavit that farming is occurring on all parcels; the primary farm parcel must remain at least 30 acres; one in-family conveyance for 32-to-49-acre parcels and two for 50 acres and above; the conveyed parcel must be at least 2 acres, platted with legal frontage on a platted right of way; and both the primary and conveyed parcels must be held and resided upon for at least 10 years after recordation, with limited exceptions for transfers between original parties or forced sale. The motion directed that the restrictions be recorded on plats and deeds and that the 10-year period commence on deed recordation.

The committee voted to send the revised language to the Planning Commission; the motion carried.

Committee members and guests raised several concerns during the discussion. Squire Gill cited testimony from a prior meeting by Laurie Garkovich about the county's karst topography and porous limestone, which makes areas outside the urban service boundary vulnerable to sinkholes and groundwater contamination. Gill said most rural lots are on septic systems and argued that one-acre lots may be inadequate for modern houses with multiple bathrooms and other water demands.

Fire Chief Montgomery told the committee that hydrant coverage and water availability are limited in the county's south end and that those limits affect the county's Insurance Services Office (ISO) ratings. Montgomery said some county roads have no usable hydrants or only "bleed-off" fixtures that the ISO does not recognize; those areas are more vulnerable and may require larger tankers and alternative water sources for firefighting.

Squire Gill asked whether the fiscal court would consider setting a two-acre minimum rather than a five-acre standard discussed previously. Other magistrates and the county attorney encouraged further research and public hearings: the attorney noted the recommendation should proceed with additional work and that a public hearing would be required if the Planning Commission adopts amendments.

What happened: The ordinance committee voted to forward the proposed revisions on in-family conveyance to the Planning Commission with the additional special provisions described above. The motion passed in committee.

Why it matters: If adopted by the Planning Commission and later the fiscal court, the proposed changes would change how in-family conveyances are created and recorded in Woodford County, with potential long-term effects on septic suitability, groundwater protection, fire protection planning and development patterns.

Looking ahead: The Planning Commission must hold a public hearing on the proposed text amendments; the fiscal court may receive recommendations afterward for further action.