Fiscal court votes down Luxco’s proposed Botland warehouse complex

By JIM BROOKS
Nelson County Gazette / WBRT Radio

Tuesday, Dec. 19, 2023 — After more than 15 minutes of discussion among the magistrates, the members of Nelson Fiscal Court voted 3-2 to deny Luxrow Inc.’s application to build distilled spirits warehouses on 182 acres of land in the Botland community.

The decision came after the court held a public hearing last Monday, Dec. 11th at the Nelson County Civic Center.

Some court members argued that the county — which had approved Industrial Revenue Bonds (IRBs) for this project in January — had a legal obligation to avoid blocking the project’s progress. At the public hearing Jim Willett, an attorney representing Luxco, pointed out that the language in the IRB required the county to do what it could to ensure the project’s success.

If fiscal court voted against the project, it would appear to violate a section of Luxco’s IRB that had the county’s promise of support.

Magistrate M.T. Harned said he didn’t see how the IRB required the court to approve the project.

Magistrate Jeff Lear said the IRB induced Luxrow to purchase the Botland property. “We made a commitment to them,” he said.

The change Luxco sought was not a zoning change, but only the addition of the Planned Unit Development (PUD) overlay permitted on land zoned for agriculture.

Magistrates Jon Snow and Adam Wheatley said they were never told the warehouse project was going to be located in an area that the Comprehensive Plan did not classify as “rural.”

Snow said the issue was if the planned location should be considered truly a “rural” area. Both versions of the county ordinance addressing distilled spirits warehouses notes them being compatible in “rural” areas. “In my opinion, it’s not rural,” Snow said.

Wheatley pointed out that with more than 350 houses located in a 1-mile radius of the Luxrow property, the area was no longer “rural”.

When the discussion was over, Magistrates Snow, Harned and Wheatley voted against Luxrow’s planned project, and Magistrates Jeff Lear and Keith Metcalfe voted in favor of it.

CODE ENFORCEMENT CHANGES. County homeowners who want to build a prefab storage shed or build a garage of less than 1,000 square feet will no longer be required to pay for a permit or inspection.

The magistrates approved the first reading of the revamped Code Enforcement Ordinance at its meeting Tuesday night.

Some of the major changes include:

— removes residential demolition requiring payment of a plan review and inspection fee.

— removes residential alterations and renovations from the fee schedule;

— increases the minimum size structure that requires inspection to 1,000 square feet. Buildings under 1,000 square feet are excluded from fees and inspection.

— prefabricated buildings and sheds no longer will require a fee or inspection.

— tents and fences are removed from the fee schedule.

— HVAC replacements are removed from the fee schedule (new construction will still require it).

The new ordinance will tie the fees to the Consumer Price Index, and the county’s permit and inspection fees will be adjusted every July 1st.

The changes do not change commercial structure inspections or those required for electrical or plumbing changes or installations.

NEW PHONE SYSTEM. The court voted to approve a bid for phone and internet services from ISET, a Louisville-based telecommunications company.

The vote comes following a lengthy process of a committee working to track down all of the phone lines used by the county government in all of its offices.

ISET phone and internet service will save the county approximately $73,917 each year as the county’s new provider.

In other business, Nelson Fiscal Court:

— voted to accept Shallow Springs Court into the county road system. The road is part of Big Springs subdivision. The court also voted to accept Bryon Drive in Castle Cove subdivision into the county road system. The county engineer certified that both roads meet the necessary criteria to become a county-maintained road.

— appointed Deputy Judge-Executive Brad Metcalf and the interim Nelson County Emergency Services Director. Metcalf will serve in the role starting Jan. 1, 2024, to replace retiring Joe Prewitt until a replacement is hired.

— the court also reviewed the county’s policies for “white flag” days when the county is experiencing severe weather, as well as the guidelines for opening the civic center for use as a temporary shelter.

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