More than 100 people against the proposed development converged on Thursday’s meeting armed with Power Point presentations filled with research about ways commissioners might deny Pilot Flying J’s site plan. Residents who live near the proposed site have expressed concerns about crime — they say truck stops can be magnets for prostitution and other unlawful activities — noise, air quality and declining property values.
One of those residents, Mike Grauwelman, said a truck stop doesn’t jibe with nearby tourism draws such as Camp Kern or the “agricultural character” of the area. He pointed to the county’s own zoning code, which states commissioners may consider a number of factors in granting a request, including the character of the existing area.
“I find it very hard to see how a truck stop fits in that fabric of the community,” Grauwelman said. “It is polar opposite, in my view, to what has already been developed in the area.”
Commissioner Dave Young said he shared some of the concerns expressed by residents, in particular how a truck stop might impact future development at that interchange.
“If we can influence what that first player is, in my opinion, it should not be a Flying J truck stop,” Young said. “I know as a business guy, when you look at what happens on an off ramp, and it’s the first player that comes in that defines the character of what comes next.”
Still, all three commissioners acknowledged the law ties their hands as far as their ability to deny the site plan. Warren County has landed on the wrong side of a lawsuit on at least two previous occasions for denying projects that fit within approved zoning.
“Do I prefer you as a neighbor?” Commissioner Pat South said to the Flying J representatives. “No. But there are zoning laws that say that we have to not put our county in jeopardy by flagrantly disobeying the laws that are before us.”
Assistant Prosecutor Bruce McGary, the commissioners’ attorney, said there are a number of factors within the “purpose clause” of the law that can be considered, such as some of the items mentioned by residents. However, he said the commissioners would be treading a very thin line if they hung their hats on those things to deny the project.
“Those factors can be considered, but we have learned, through litigation… that a purpose clause is not a basis upon which to impose conditions or to deny a land use,” McGary said. “To the tune of that costing the taxpayers of this county a considerable amount of money.”
Bill Mulligan, a vice president with Pilot Flying J, agreed to a number of conditions the commissioners proposed, including a new one that requires an “electrification” system so that trucks are not idling for hours. One resident Jim Kuschill told the commissioners 94 idling trucks would further exacerbate the county’s already poor air quality. He said the EPA ranked Warren County as the 10th worst for air quality in the state.
The commissioners will vote on the proposal on Jan. 24 at 5:30 p.m.
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