A proposed Kroger Marketplace development in Boone County will not move forward after the fiscal court voted Tuesday to deny a zoning change for the roughly 20-acre property.
The proposed development, known as Richwood Pointe, would have been located near the intersection of Frogtown Connector Road and Paddock Drive. The fiscal court voted 3-0 on Oct. 20 to uphold the Boone County Planning Commission’s recommendation to deny the project, citing concerns about increased traffic, neighborhood safety and the development’s proximity to existing homes.
Boone County Judge/Executive Gary Moore was absent from the meeting, which was led by Boone County Commissioner Chet Hand.
Kroger’s plans included a 99,000-square-foot grocery store, a 7,565-square-foot wine and spirits store, a fuel center and a separate 51,840-square-foot multi-tenant retail and restaurant building.
The project required rezoning the property from Employment Planned Development to Commercial Services.
The planning commission unanimously recommended denying the request in September, finding that the development was inconsistent with portions of Boone County’s comprehensive plan. Commissioners were particularly concerned that a proposed entrance onto Paddock Drive would encourage additional traffic through the nearby Heritage Trail subdivision.
However, representatives for Kroger argued Tuesday that the development was appropriate for the area and that traffic studies demonstrated the surrounding roads could accommodate the project with proposed improvements.
Kevin Hoskins, an attorney with DBL Law representing Kroger and property owner Richwood Pointe LLC, said the development aligned with the county’s comprehensive plan, which identifies the property for commercial uses.
“This is a significant economic development project for Boone County,” Hoskins said.
Hoskins also argued that residential growth in the area had increased demand for commercial services and made the property’s existing zoning inappropriate.
Katie Dillenburger, a traffic engineer with Bayer Becker who prepared the project’s traffic impact studies, said the studies found that intersections surrounding the development would continue operating at acceptable levels with recommended improvements.
She said a proposed limited-access entrance on Paddock Drive would provide better traffic operations than eliminating that entrance entirely.
“The traffic impact study assumes that 20% of site traffic will utilize that Paddock Drive access,” Dillenburger said, adding that the traffic would primarily come from residents of Heritage Trail and potentially Triple Crown.
She said the studies did not anticipate additional cut-through traffic from outside the neighborhoods.
Several residents disputed those findings, arguing that the area’s roads already experience significant congestion and that the proposed entrance would create additional safety concerns.
Steve Cahill, who lives on Paddock Drive directly across from the proposed loading docks, said he was concerned about truck traffic, noise and the lack of sidewalks.
“We’ve got lots of kids in this area,” Cahill said. “Lots of kids come through this area, going up to the McDonald’s, the eating places, and that’s another reason that it’s not a good idea in my viewpoint.”
Resident Diana Ramsey also raised concerns about the loading docks and existing traffic conditions, particularly trucks traveling through the neighborhood.
“If I hear one more time that the traffic impact study shows, no, I live there,” Ramsey said.
The planning commission’s findings also cited concerns about additional traffic signals along Frogtown Connector Road, potential vehicle backups near neighboring businesses and the proximity of the loading docks to residential properties.
Following public comments, the fiscal court moved forward with a resolution accepting the planning commission’s findings rather than pursuing an ordinance to approve the zoning change.
The decision denies the requested zoning amendment, along with an associated buffer variance and special sign district. The property retains its existing EPD zoning.
