Franklin County Fiscal Court approves rezoning of 690 Duncan Road over environmental objections

Franklin County Fiscal Court · March 5, 2026

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Summary

The Fiscal Court approved Ordinance #2-2023 to rezone an 85.388-acre tract at 690 Duncan Road from Agricultural to Industrial General after a series of 26 votes on Findings of Fact; several findings raising stormwater, scenic and land-use compatibility concerns failed while others citing the Comprehensive Plan and utilities passed.

The Franklin County Fiscal Court voted to approve Ordinance #2-2023 on March 30, 2023, rezoning an 85.388-acre parcel at 690 Duncan Road from Agricultural (AG) to Industrial General (IG). The decision followed a series of recorded roll-call votes on 26 proposed Findings of Fact under KRS 100.213 and a divided floor debate among members of the court.

Squire Eric Whisman led a sequence of proposed Findings of Fact challenging the rezoning’s compatibility with existing rural character, stormwater conditions at Slickaway Branch and the Comprehensive Plan. Several of Whisman’s findings failed, including assertions that the application would “exacerbate known existing stormwater issues along Slickaway Branch,” would not meet Comprehensive Plan requirements to preserve rural character, and would expand the development footprint; those motions failed by margins ranging from a lack of second to recorded 5–2 and 4–3 votes.

Squire Sherry Sebastian successfully moved Finding of Fact #10, noting that “the comprehensive plan future land use plan map designated the property for employment center”; that finding passed on a unanimous recorded vote. The court also established findings that directed attention to stormwater concerns (Finding #11) while concluding that the Industrial General zone is appropriate for the employment-center designation in several related votes (Findings #12, #13, #14 and #15). Votes on those findings were mixed, with several passing 5–2 or unanimously depending on the finding.

The court recorded support for infrastructure sufficiency. A motion establishing that “there is adequate water and sewer to support a zone change to Industrial General” carried 6–1 (Finding #25). Another vote adopted the updated traffic impact study dated Feb. 23, 2023, concluding that future traffic conditions would remain within acceptable limits and no road improvements were needed; that Finding (#26) passed 5–2.

The planning director told the court that historical-protection goals were not considered in the staff recommendation and stated, “Franklin County does not track historical properties, Franklin County does not regulate historical properties,” adding that “it has not been that will of the Fiscal Court.” The planning director’s comments were entered as part of the record without a named planner in the transcript.

The final ordinance (Second Reading) to amend the zoning map passed on a 5–2 recorded vote, authorizing the change of the 85.388-acre tract at 690 Duncan Road from AG to IG. Opponents on the court argued that the rezoning risked increasing development pressure and could affect scenic viewsheds and water resources; supporters emphasized consistency with the Comprehensive Plan’s employment-center designation and existing adjacent industrial zoning.

The court’s action resolves the local zoning status of the parcel but does not, by itself, approve specific site plans, permits or building proposals; those would be subject to subsequent permitting processes and any applicable state or federal reviews. The meeting adjourned at 9:45 p.m.

Next steps: Ordinance #2-2023 has been passed on second reading and recorded in the court minutes; any future development proposals will follow Franklin County’s permitting and engineering-review procedures.