Fate of Highland Way development must wait

Published 12:15 am Sunday, March 7, 2021

After waiting through a seven-and-a-half-hour meeting that ended in the wee hours of Friday morning, proponents and opponents of a proposed residential and commercial development near the intersection of Nashville Road and Highland Way must wait some more.

The City-County Planning Commission of Warren County, meeting via Zoom teleconference, heard as the last item on the night’s agenda a lengthy back-and-forth discussion about the development planned for a 13.5-acre site owned by Sam Potter Jr. and Jeff and Betsy Harned before deciding to recess and take up the rezoning request at its March 18 meeting.

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The application to rezone the property at 603 and 611 Highland Way and 2310 Nashville Road from single-family residential to general business and multi-family residential caught the attention of residents along and near Highland Way, and many of them joined the meeting to voice opposition.

Their argument: The plan to convert the acreage that lies between Highland Way and Potter Children’s Home into a development with as many as 76 apartments and possibly a convenience store with gas pumps simply isn’t compatible with the well-established single-family residential neighborhood.

Frank Stainback, the Owensboro attorney hired to represent several of the Highland Way residents, and many of the residents themselves made that point repeatedly.

“From my perspective, compatibility is the issue,” Stainback said. “Planning is determining compatibility, and zoning is about mitigating incompatibility.”

Others, like Vickie Cole of 1012 Highland Way, were more direct.

“There are sufficient strip mall businesses within close proximity to Highland and Nashville Road,” Cole said. “So how does this help? It doesn’t.”

Cole and others voiced concerns about the negative impact of apartments and what they considered an ill-defined commercial development on their neighborhood.

“I understand this is seen as progress, and none of us want to stop progress,” said Sherry Bryant, who lives at 615 Highland Way, “but we ask you to realize the negative impact on us.

“Please be respectful of us who have made Highland Way our home.”

Tad Pardue, the Bowling Green attorney representing Potter (a Warren County district court judge), argued that the intent of Potter and the Harneds is to come up with a development that will enhance the area.

“Judge Potter is trying to get the commissioners to see that this development is responsible and is compatible,” Pardue said. “The multi-family part will be done in a way that’s going to enhance that part of town.

“With the different types of businesses we’ve eliminated from the commercial part, I think it’s going to be a natural fit.”

Making it an even better fit, Pardue, said, is the widening of Nashville Road that is scheduled to be completed in 2025 and the city of Bowling Green’s realignment of Highland Way that, with help from the Kentucky Transportation Cabinet, will connect it to the Emmett Avenue traffic light on Nashville Road.

“The road realignment is a huge deal from a safety standpoint,” Pardue said.

The attorney said he understands the need to recess the hearing until March 18. Responding to residents’ concerns, Potter agreed to changes in the development plan involving building height, fencing and other issues.

“We’ll have a new set of development plan conditions in front of us,” said Hamp Moore, attorney for the planning commission. “This will allow people in the neighborhood the opportunity to comment on those changes.”

“This property has been in Judge Potter’s family for over 60 years,” Pardue said. “He wants the development done in such a way that it will enhance the area.

“The changes we’ve agreed to show that we’re willing to take into consideration the concerns of the residents. I hope when all this is re-packaged it will be more attractive.”

Moore said the completion of the public hearing on the Highland Way rezoning will be the first item on the March 18 agenda.

The Highland Way project wasn’t the only application on Thursday’s planning commission agenda to meet with opposition. An attempt to turn a historic home on Elm Street into a small event venue and bed and breakfast met enough resistance from neighbors to be voted down.

Applicant Linda Ellis Johnson and property owners Bill and Susan Scott applied for a Future Land Use Map amendment and rezoning for the 0.15-acre property at 902 Elm St. that is known as the Arthur Hines House and is on the National Register of Historic Places.

Johnson said her plan was to hold “small gatherings” like bridal showers and luncheons in the 4,232-square-foot home on the corner of Elm St. and E. Main Avenue, but that idea didn’t resonate with the neighbors.

“Bowling Green is a unique and beautiful city, and historic districts play a part in that,” said Jeff Stevens, who lives at 628 E. Main Ave. “I don’t want to interfere with Bill and Susan Scott selling their house, but if this rezoning to general business passes, it will open the doors for other houses to do the same.”

After hearing from other residents, many of whom pointed out the lack of parking in the area, the commissioners voted 6-2 (with Christiaan Volkert abstaining) to deny the FLUM amendment that was needed before a rezoning could be considered.

The commissioners did approve the application of Harshit Patel and the Golden Hammer limited liability corporation headed by builder Barrett Hammer to amend the general development plan for property at Plano Road and Red Rock Road.

The amendment will allow the sale of alcohol and allow LED signs displaying gas prices at a proposed convenience store and gas station.

Also approved was a rezoning of 6.2686 acres along Marlin Drive near Moss Creek Court from agriculture to single-family residential. Applicant Derek Hull of Java Properties LLC plans to develop the property with a mix of single-family homes and twinhomes totaling no more than 27 residences.

Tom Holmes and Jeffrey Harrison were approved for rezoning 0.22 acres at 228 Riverwood Ave. from multi-family residential to general business. The rezoning and a variance that was also granted will allow the Funky Bean restaurant that Holmes opened last year at 404 U.S. 31-W Bypass to operate a drive-through while improving traffic flow to and from the restaurant.