Bradford, neighbors square off at zoning meeting
Source: The Ledger Independent, by OWEN McNEILL
April 04, 2008
The Mason County Joint Planning Commission held a public hearing Wednesday and debated a proposed land use or zoning amendment for 14 acres at the corner of Kentucky 11 and Maple Leaf Road.
The property in question is currently owned by Kelly Bradford and has been the subject of some tension between Bradford and adjoining property owners, causing officials with the Planning Commission to request the presence of a Mason County Deputy Sheriff at Wednesday's meeting.
Melvin S. Manley Jr. of Maple Leaf Road appeared before the commission to oppose the change. Manley was represented by attorney Brian Underwood who petitioned the commission to at least table any judgment until civil litigation brought by Manley against Bradford is concluded.
Manley is looking for punitive damages from Bradford and also Matt Wallingford, administrative officer of the Mason County Joint Planning Commission stemming from Bradford's alleged use or permitted use of the property in violation of the Maysville-Mason County Land Use Ordinance. According to the lawsuit, Bradford allegedly used the property for operating a motor vehicle towing, salvage, or impound lot, a violation of the current zoning. Wallingford is named in the case for his alleged non-enforcment of the current zoning laws. "I would only ask the commission to at least table this decision until the civil litigation has run its course," Underwood said at Wednesday's meeting. "For this recommending body to do anything else would be rewarding a citizen for not following the rules. My client has resided on his property and followed all the rules and regulations of this and other governing bodies in reference to his property and I ask that this commission not penalize him for that."
Bradford was represented by attorney Dale Horner who asked the commission to rezone the property located at 844 Maple Leaf Road from agricultural transition or A-1, to general business, or B-1.
"My client just wants his property zoned correctly," Horner said. "Zoning this property B-1, business use makes the said property inherently more valuable. I would only ask we do this tonight or an appellant court will overturn the decision later. That corridor of Highway 11 leading out of Mason County will change in our lifetime and become much more commercial."
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| Kelly Bradford is seeking a zoning change from agricultural to business for property he owns, located near the intersection of Maple Leaf Road and Kentucky 11. -- Terry Prather/Staff |
Bradford's application for re-zoning says "First, and foremost, the proposed land use classification is in conformity with the Maysville Comprehensive Plan Map. The classification of agricultural is inappropriate for this 13.945 acre tract of land. For the last several years, the property has not been used for agricultural purposes and it would not be economically feasible to operate a farming operation on this tract. By classifying the property for commercial use, it would encourage the continued economic development of this area."
Planning Commissioner Tommy Stanfield asked why the property is not suitable for farming.
"The most recent headline in "Progressive Farmer" states we are losing 2 acres of farm land every minute. Why can't this property be used as farmland?"
Horner said the size of the property is inhibitive to a profitable farming operation in that most economically feasible farms are much larger in scale in Mason County and surrounding areas.
"I think Mr. Horner may be oversimplifying this argument,' said commission attorney Michael Clarke. "Each lawyer will read a statute differently. I can't agree with Mr. Horner's statement that just because the property is in conformity with the comprehensive plan that you, as the recommending commission, have to approve this amendment. On the other hand, in this circumstance, I would tell you from a lawyer's perspective it would be much easier for me to challenge a ruling to decline this change than to challenge the board accepting it."
Apparently, the battle between Bradford and Manley not only has seen civil litigation, but criminal as well.
Court documents show that Manley was charged with second-degree trespassing in January, 2003, a charge that was later dismissed due to diversion as long as no further charges were brought during a certain time period. After that time period expired, Manley was again charged in November, 2007 with third-degree criminal trespassing and harassment with no physical contact. Both charges have Kelly Bradford listed as the complainant with both charges occurring on the property in question. Manley is due back in court April 28 to answer to the second charge.
After some debate, a motion to table the issue until the first Wednesday in May failed.
Commissioner Jean Everett said, "Even juries get time to deliberate cases. There's a lot to absorb here."
Wallingford and Clarke both agreed that to table the motion the commission would need to specify a reason for the delay in voting.
"If it's a case that you would be requesting additional information that you have yet to hear, I would certainly table the vote," Wallingford said. "Without a concrete reason to delay this vote, I think it would be unfair to all parties involved to not bring this to some form of resolution."
Commissioner Bob Biddle motioned to vote on the issue.
"I know both attorneys and both clients and I have only the utmost respect for all parties involved," Biddle said. "I feel I know the facts here in this case and I would make a motion to leave the property zoned agricultural use. The majority of property owners are opposed to this re-zoning and on the grounds it can currently be used as agricultural land and that the majority of adjacent land owners oppose the re-zoning."
Stanfield seconded the motion.
The final vote ended in a five to one decision to leave the property zoned as agricultural, with only Commissioner Chan Warner opposing the motion.
Bradford said later he was not pleased with the commission's findings and said he and Manley have had issues since he took ownership of the property.
"He wants to sell real estate for double the value and I want to make mine commercial, that's basically what it's all about," Bradford said. "I've asked for a lot in the Industrial Park and was declined. I asked for a lot out near the landfill and was told no. I even made a bid on the Kenton Station, Parker Drive property encompassing the old Army Depot, but the nursing home got that. I have 20 employees and I need room to grow my business. All I want to do is expand my business and I'm being restrained from doing so," Bradford said.
"My business is not only towing, but construction, demolition and a little bit of everything," said Bradford. "I just want to use my property as I need to use it. That used to be a land owner's right. This harassment must stop."
Bradford said he has made every attempt to comply with regulations.
"I mean, I was asked to put up a fence for screening my equipment and I did that. This is no more than what Wal-Mart, Lowes or Ranger Steele has done. They took agricultural property and re-zoned it for business use. Don't I still have that right?"
Bradford said there are other alternatives he is considering for the property.
"Rest assured, if this doesn't get approved, I'll turn that property into a hog farm. I swear I will shut the gates and fill every inch of that place with hogs and chickens too. If it's gotta be zoned agriculture, then that's what the property will be. I'm just fighting for my rights as a businessman and to escalate the economic development in the area. I always keep my property nice and I can't believe I'm in this nightmare."
Manley referred all requests for comments to his attorney.
"We were pleased with the commissions decision," Underwood said Thursday.
The Mason County Joint Planning Commission is only an advisory board that forwards its findings and recommendations to the Mason County Fiscal Court. The court may accept, overrule or hold its own hearings on any re-zoning request.
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