minutes of regular meeting oldham … minutes...page 1 of 19 minutes of regular meeting oldham...

of 19

MINUTES OF REGULAR MEETING

OLDHAM COUNTY

PLANNING AND ZONING COMMISSION

Tuesday, March 28, 2017

At 9:00 a.m., local time on the above date, this meeting of the Oldham County Planning and Zoning

Commission, hereinafter called the Commission, was called to order in the Courtroom of the Oldham County

Fiscal Court Building, LaGrange, Kentucky, by Chairman Kevin Jeffries.

Other Commission members present were:

Joyce Albertsen Bob Arvin Laura Bohne

Denia Crosby William Douglas John Falvey

Sam Finney Jan Horton Greg King

Bob Klingenfus Kevin Mesker James Neal

Mary Ann Smith

Commissioner McWilliams was absent.

Others present and sworn in were Planning and Development Services Director Jim Urban, Senior Planner

Amy Alvey and Community Planner Brooke Viehmann, County Engineer Scott Harris and Oldham County

Traffic Consultant Paula Wahl. County Attorney John Carter was present for the meeting and Ethel Foxx was

the Secretary for the meeting.

******************************************************************************************************************************

Approval of Minutes:

Motion was made by Commissioner Finney and seconded by Commissioner Crosby to approve the minutes of

February 28, 2017 as submitted.

Motion carried by unanimous voice vote.

******************************************************************************************************************************

Secretary Foxx called and read Docket PZ- 17-006:

DOCKET PZ-17-006 – Application has been filed by Steve Wilson for the approval of a Zoning Map Amendment on approximately 7.96 acres. The property is located at 10500 West Highway 42 in Goshen. The change is from AG-1 Agricultural and CO-1 Conservation to C-1 Local Business District. (1) Introduction of the application by staff and questions by the Commission:

Senior Planner Amy Alvey presented the application as follows:

Summary of the application.

Case History (see Exhibit A, Staff Report dated March 28, 2017).

Notes.

of 19

Aerials and zoning of property.

Presented photos of property and surrounding area of Highway 42 consisting of over 600 acres and location of exit/entrance off Highway 42.

Site plan of area showing the area that is to be rezoned (approximately 7.96 acres).

Photos of the existing barn that will be converted into a restaurant, a loft area for private events and a country store to sell fruit and vegetables.

The proposed “Bourbon Experience” will be located in the renovated barn where visitors will learn the history and process of making bourbon.

The proposed “Equine Experience” is an agricultural use and is a permitted use and does not require a zoning change.

Presented the parking area, location of the pervious parking area and to the north the stabilized soils where it will remain grass.

A new two lane entrance/ exit will be constructed off Highway 42 for the proposed project; the farm entrance remain and will not be used for this project.

A traffic assessment has been prepared for this project and found that there will be minimal impact; no improvements are recommended.

One-third of the property will be placed in a conservation easement.

The plan meets all the regulations and does not require any variances or waivers.

Paula Wahl, Traffic Engineer, Neel-Schaffer, 200 Whittington Parkway, Louisville, was present and sworn

prior to speaking in behalf of this application.

Based on the volume of traffic generated by the development and the amount of traffic forecasted

for the year 2018, there will be a minimal impact to the existing highway network.

No improvements are recommended; there are comments from the State Highway Department that

improvements will not be necessary.

Hermitage Farm access roads will be constructed as best possible to provide a safe and efficient

traffic flow for both entering and existing the development site near U.S. 42 and along access

roads.

Scott Harris, Oldham County Engineer, 100 West Jefferson Street, LaGrange, was present and sworn

prior to speaking in behalf of this application and stated that he does not have any comment regarding this

project.

(2) Presentation by the applicant or representative and others in support of the application:

Attorney Josh Clubb, Brammell-Clubb Attorneys, 206 North Second Street, LaGrange, was present to

speak in behalf of Applicant.

Haviland Argo, Project Manager and Architect for Hermitage Farms, 10500 West Highway 42, Goshen,

was present and sworn prior to speaking in behalf of this application.

Gave history of the 687 acre farm a major horse operation known as Hermitage Farms, stating the

main house was constructed in 1847 and currently can be rented for events and special occasions.

Applicant is proposing a project that highlights three of Kentucky’s signature industries, food,

bourbon and horses.

Presented an aerial showing the location of the property and location of the entrances into the

property off Highway 42.

of 19

Plan shows a new two-lane road which reaches to the rear of the property and preserves the

current one lane road and a circle drive to the main house.

The location of the project sits behind the main house and sits out of view from Highway 42.

Renderings were presented where there will be an equine experience, bourbon experience and

farm to table restaurant, all to be located in the renovated barns.

Presented photos of the barn that will be renovated into a first class restaurant; many of the fruits,

vegetables, meats and cheeses will be provided from the surrounding farms, orchards and the

nearby Woodland Farms.

Presented photos of the interior of the barn/restaurant and additional seating will be provided in the

actual horse stalls.

The processing kitchen will allow local produce in canned mason jars to be offered from the

proposed country store.

The restaurant will provide for family meals including private and catered events in the hayloft and

provide higher end dinners including a unique bar to offer cocktails.

The barn/restaurant will be surrounded by orchards and terrace kitchen gardens with space for

outdoor dining.

Presented renderings of the hayloft that can be used as an event space and hold up to 150 people

and catered by the kitchen below.

There is nowhere in Kentucky where one can experience both bourbon and horses.

Will not offer a distilling experience however, will offer tastings and discuss bourbon as an

agricultural product unique to Kentucky and share stories of farming and the passion of

conservation for farming.

Equine tours are already offered at Hermitage and will continue.

Presented photo of the equine barn where tours will be allowed and adults and school children can

see the horses up close.

The owners are dedicated to putting one-third of Hermitage Farm into a conservation easement

protecting it from development for generations to come and the easement will also protect the view

shed along Highway 42.

Reviewed the justifications as it relates to the Comprehensive Plan.

Traffic Engineer, Diane Zimmerman, completed the traffic impact analysis, which was reviewed by

the County Traffic Consultant and Kentucky Transportation Cabinet, no improvements were

recommended based on the new entrance/exit off Highway 42 and projected visits.

This project and conservation easement preserves the historic and scenic corridor of U.S. Highway

42 along with protecting the property values for the neighbors.

Signage will be minimal similar to the sign that is presently at the entrance to the property.

Quality dining options will be available using local agricultural products and will offer educational

opportunities for adults and students.

The project will decrease stormwater runoff by using pervious surfaces when possible; parking of

239 spaces as required will be provided along with overflow parking using geo-tech soil; will

provide adequate retention for run-off; a pond to provide healthy streams, good construction

techniques and lighting design, and promote good farming techniques.

Letters of support presented were from Oldham County Chamber of Commerce and St. Frances

School.

of 19

There were concerns of a proposed entrance/exit to Buckeye Lane, however, those concerns have

been addressed by moving the entrance/exit off Highway 42, and therefore will alleviate any traffic

and safety concerns on Buckeye Lane.

Attorney Clubb stated Mr. Argo has done an excellent job presenting the application and how it meets with

the goals and objectives of the Comprehensive Plan. Attorney Clubb presented Applicant Exhibit A,

Proposed Motion, which is mirrored from the Justification Statement.

(3)Testimony and questions by those opposing the application: None

(4) Questioning of the applicant and those opposing the application by the Commission:

Mr. Argo responded to questions by the Commission:

The retention pond will have to be constructed.

There is a minor stream shown on the Army Corp of Engineers map and is actually completely dry;

he has never seen water in it although shown as a blue line on the Army Corp of Engineer’s map.

They are in the process of presenting to the Corp of Engineers that this is not a stream, but a

depressed location and that is where they plan to place the retention pond.

The pond as shown on the plans is designed as if the parking were not a pervious surface and able

to handle if it were all black top; they propose a surface where the rain water will filter through.

They see the retention pond as a feature where if it could be stocked and could be used for fishing.

The retention pond would still be functional and the rules and regulations would have to be followed

per the Corp of Engineers.

As to the retention pond being close to the two-lane road, there will be a bridge (which is currently a

large culvert) and will expand that and forms one edge of that pond so the road will actually be at the

point of the pond.

Their staff will be responsible for the maintenance and upkeep of that retention pond.

They will follow building codes and will sprinkle the buildings as required.

The main house will continue with events such as weddings.

The proposed project will remain separate from the main house events.

The main house is on the Historic Register as well as the smokehouse which is located behind the

house.

The depth of the conservation easement has not yet been determined but could be 1,000 to 1,200

feet from Highway 42.

Planner Alvey responded to questions by the Commission:

Parking and construction plans will need to be reviewed by the County Engineer in relation to

stormwater management.

Mr. Argo continued response to the Commission:

Proposed signage will be much like the small wood Hermitage sign on the fence, will be tastefully

lit from below, will blend in with the project and will be placed on the road side of the fence.

There are plans to provide small directional signs for building designations inside the property.

Explained the retention basin and how they will deal with possible overflow; also addressed how

they can decrease stormwater run-off.

of 19

They want to keep as much rain water for the terrace gardens and vegetables on the property.

Confirmed that they will not have an entrance/exit on Buckeye Lane.

They prefer smaller busses or vans for the bourbon tours however, because of the new road (two

lane, 22 feet wide), it will be easier for larger charter buses to enter and exit the property.

The square footage proposed for the restaurant will be 8600 square feet on the main floor which

will house the kitchen, cooler and storage areas; the upper level hayloft will be 5300 square feet

(100 seats for the restaurant and seating for 150 people upstairs).

Referred to the site plan stating that the three smaller buildings will be combined and become the

Bourbon Experience; the largest barn will be turned over to the gardeners for their use and tool

storage and the equine barn is located off the main circle.

Also showed the location of the retention pond on the site plan; the location of the manure area

and stall clean-out is located in another area and will not drain into the retention pond.

The project area will be open 361 days a year, hours from 10am to 4pm for the Bourbon and

Equine Experience and the restaurant hours will be extended.

As to sanitation, the project will be on septic and will prepare a leach field approved by the Health

Department.

The conservation easement will be recorded and have restrictions that only agricultural activities

will be allowed.

There is money in the land trust to protect from any future development even if the land is

transferred.

Pointed out the location of the blue line stream, north/south, and is not the drainage area to

Highway 42.

There will be two sets of stairs, an elevator and a ramp provided to the second level of the

restaurant.

Scott Harris, Oldham County Engineer responded at this time that he has not reviewed the site plan as it

was presented to TRC before he came on board.

(5) Rebuttal evidence and Cross Examination by the Applicant: None

(6) Rebuttal evidence and Cross Examination by the Opposition: None

(7) Final statement of the Opposition: None

(8) Final statement of the Applicant:

Attorney Clubb stated as follows:

This has been a well thought-out project, concerns have been discussed with the Applicant and

changes have been made where necessary.

Applicant Exhibit A, Proposed Motion for Approval was presented to the Commission

recommending to Oldham County Fiscal Court the zoning map amendment from AG-1 and CO-1

to C-1.

The Comprehensive Plan encourages the continued use as Agricultural.

Applicant is doing everything possible including providing a conservation easement for future use

as agricultural.

Requests that this application be approved.

of 19

END OF PUBLIC HEARING

Administrator Urban stated that should the Commission wish to consider the Applicant’s motion to approve,

may include the justification statement of the applicant for the zoning map amendment and can incorporate it

totality or in part and recommend to Fiscal Court for their final consideration.

Reminded the Commission that the binding elements will not be attached to the zoning map amendment, but

to the development plan.

FINDINGS AND DECISIONS

PZ-17-006

Zoning Map Amendment

AG-1 Agricultural and CO-1 Conservation

To C-1 Local Business District

Motion was made by Commissioner Horton and seconded by Commissioner Falvey to recommend approval

Docket PZ-17-006, Zoning Map Amendment from AG-1 and CO-1 to C-1 to Oldham County Fiscal Court

because:

1. It complies with the following goals and objectives of the Comprehensive Plan:

CF-1-1: Community Facilities and Services Objective: Maintain and use existing community facilities when appropriate.

BI-3: Business and Industry Goal: To support and encourage agriculture for the purpose of recognizing the cultural heritage of the community and the agricultural contribution to the economic base.

CF-5-2: Community Facilities and Services Objective: Support voluntary public and private efforts to preserve lands for future use or protection through conservation easements, fee simple dedication programs or deed restrictions.

LU-1-4: C-1 will actually promote and encourage the continued use of land for CO-1 and AG-1 goals. The guarantee of the conservation easement along with the agricultural use is designed to supply the restaurant to ensure a continued land use.

LU-3: Allow to plan for economic development that provides for increased tax revenues as propose to create a wide variety of employment opportunities. The restaurant facility and country store alone will be a constant source of economic benefit to Oldham County.

U.S. Highway 42 is designated not only as a scenic corridor but a State designated scenic byway.

Applicant’s justification is very complete.

The Vote was as follows:

YES: Commissioners King, Klingenfus, Mesker, Smith Albertsen, Arvin,

Bohne, Crosby, Falvey, Finney, Douglas, Horton and Neal.

NO: None

ABSTAIN: None

ABSENT: Commissioner McWilliams

Motion passed on a vote of 13-0.

***

of 19

DEVELOPMENT PLAN

Administrator Urban reviewed the Binding Elements proposed for the Development Plan.

*****


PZ-17-007

Development Plan

Restaurant & Bourbon Experience

Motion was made by Commissioner Douglas and seconded by Commissioner Mesker to approve Docket

PZ-17-007, Development Plan for Restaurant & Bourbon Experience because:

1. Complies with objectives of the Comprehensive Plan as follows:

LU-3: To plan for economic development that provides for increased tax revenues with a wide variety of employment opportunities that supports the maintenance of a high level of community facilities and services and Provides job opportunities for more Oldham County residents.

T-3-1: Transportation Goal: To protect and preserve scenic or culturally important transportation corridors and resources.

B1-3: Business and Industry Goal: To support and encourage agriculture for the purpose of recognizing the cultural heritage of the community and the agricultural contribution to the economic base.

B1-3-1: Business and Industry Objective: Work with the Natural Resource Conservation Service, Farm Bureau and other agencies to identify prime agricultural land and active farms. Develop strategies to support agriculture.

2. As noted in the Land Use Transportation Business Section of the Comprehensive Plan, there has

been testimony supporting documentation that supports and promotes business development and options that retain agricultural opportunities and preserves the farm.

3. It is understood that final approval is contingent upon Fiscal Court approval of the zoning map

amendment and includes the proposed binding elements as stated by Administrator Urban including the Conservation Easement.

Binding Elements:

1. There shall be no changes to the preliminary plan without review by the Oldham County Planning Commission.

2. Applicant is required to submit a landscape plan for review and approval by staff. 3. The Development plan must comply with all established federal, state and county laws, ordinances

and requirements at the time of approval. 4. Conservation easement will be recorded with restrictions that only agricultural activities will be allowed

preventing development of land directly adjacent to U.S. Highway 42, will protect the view shed from

Highway 42 and the new entrance/exit will conform to all highway standards.

Discussion: Administrator Urban addressed concerns whether acreage of the conservation easement should be part of the motion. At this time it has not been determined how much acreage will be involved although there was

of 19

testimony that it could be 1000 to 1200 feet in depth. The intent is to allow them to do a survey and at that point it can be determined how much acreage will be part of the conservation easement. Commissioner Douglas stated that the intent of the motion is to allow the applicant to provide a conservation easement. Commissioners were satisfied with the motion concerning the easement.


Y YES: Commissioners Albertsen, Arvin, Bohne, Crosby, Falvey, Finney,

Douglas, Horton, King, Klingenfus, Mesker, Smith and Neal

NO: None

ABSTAIN: None



**************************************************************************************************************************

Secretary Foxx called and read Docket PZ- 17-008:

DOCKET PZ-17-008– Application has been filed by Pulte Homes for the approval of a Revised Preliminary Subdivision Plan on approximately 57 acres known as Cherry Glen. The property is located at 2501 South Highway 53 in LaGrange. The zoning is R-4 Residential District. (1) Introduction of the application by staff and questions by the Commission:

Senior Planner, Amy Alvey, presented Docket PZ-17-008:

Summary of the application.

Case History dating from November 1986 to September 2005 (See Exhibit A, Staff Report dated March 28, 2017).

Presented dates of previous expiration extensions from 2004 to 2016.

Area view of outline of property consisting of multiple tracts.

Aerial Photos and zoning of the site.

Photos of property showing views and surrounding area off Highway 53 and Glen Eagles Estates.

Presented revised subdivision plan proposing 199 single family lots (from 310 condominium units), open space of 10.28 acres and entrance on Highway 53 across Glen Eagles Estates.

Photos of property abutting Cherry House property including existing lake on Cherry House property.

Paula Wahl, Oldham County Traffic Consultant, having been sworn presented the following information:

Per the Oldham County Subdivision Regulations, this development proposal required a full traffic

impact study because it was over the threshold of over 100 trips during the peak hour.

Summarized the study conclusions that based on the volume of traffic generated by the

development, there will be an impact to the existing highway network and left turn lanes will be

required to be constructed at the existing intersection of Gleneagles Way and Highway 53.

Included in the report is the State Highway review which specifies in detail the engineering and

construction details for the turn lanes.

of 19

It is recommended that a binding element be related to the requirement of left turn lanes on

Kentucky 53.

Also recommends that the Planning Commission consider that the development plan be revised

regarding a road stub to the adjacent property to provide for a future alternative access to Zhale

Smith Road. This will allow for better connectivity for neighborhoods, busses, delivery trucks and

also for fire and safety reasons.

Planner Alvey responded to questions by the Commission:

Anything development that generates 2000 trips or more (10 trips per day per household)

requires a second entrance.

Sidewalks are required in all developments on both sides of the road.

Referred to the KYTC comments that clarify that north and south bound left turn lanes are

needed.

Administrator Urban clarified to the Commission regarding stub streets.

Although they do not need a second entrance based on the number of proposed lots they should

consider interconnectivity. This plan does not have any proposed connections should those

adjoining properties develop.

Scott Harris, Oldham County Engineer, having been sworn, presented the following:

Has been working with the Applicant to revise and update the stormwater plan to better meet the

regulations per comments made at TRC.

Because of the way the property lays the detention basins proposed need to be designed to

handle the routing for a Type II - 24 hour storm for each event and extended to show no adverse

effects to the downstream property.

Administrator Urban confirmed that Engineer Harris recommends that this be part of the binding

elements.

Michael Williams, Oldham County Board of Education, was present and sworn prior to speaking in behalf

of this application.

Per the numbers in this district, each of the schools are over capacity.

Based on phasing 40 units per year it would be almost 5 years to get the 199 units.

They are in the process of getting approval for a 600 student elementary school which will help

alleviate some of that; it will not alleviate the middle and high school issue, but it will help with the

capacity issue overall.

Michael Williams responded to questions by the Commission as follows:

It has not been decided where the potential elementary school will be located; the Brownsboro

campus is available however, there is property on Allen Lane.

The State has told staff to put in the plan for a 600 student elementary school, need approval

from the State, then from the Local Planning Committee; once they get approval, they need to

determine where to put it.

Motion for Extension of Time:

of 19

Motion was made by Commissioner Douglas and seconded by Commissioner Horton to add five minutes

for questioning of the staff. Motion carried by unanimous vote.

Michael Williams continued response:

There is school property on the Allen Lane or Brownsboro area for a school.

Capacity calculations for schools was changed by the State; originally there was 700 student

availability at Locust Grove, but now slated for capacity for 750 students.

East Middle went from 600 to 533 student capacity and therefore went down.

(2) Presentation by the applicant or representative and others in support of the application:

John Talbott, Attorney with Bardenwerper, Talbott and Roberts, 1000 North Hurstbourne, Louisville,

was present to speak in behalf of the Applicant:

The proposed plan is less intense, less in density and a plan that fits better with the character of

the surrounding properties.

According to the staff report, the proposal is not in violation of the zoning or subdivision

regulations and there are no waivers or variances requested.

Gave the history of the property, having commercial and multi-family uses and since 2008 there

have been several requests for extensions.

Showed the area recommended by the Transportation Department where a left turn lane should

be placed at Glen Eagles Way, and that will be part of the binding elements; Applicant has

agreed to that request although it will be a sacrifice and a costly project.

Concessions have been made to Prestwick Estates to provide buffers between their

developments.

They have been talking with representatives of Prestwick Estates and their attorney, Steve

Porter, and are negotiating a possible 15 foot buffer.

Presented the previous plan of the proposed stub street to connect to Zhale Smith Road but

argues this does not apply to this proposed plan as it is not a planned subdivision to get to

Zhale Smith Road; asks the Commission to take it into consideration and not require them to do

so.

There are water mains that go through the property that are old and cracking and they are

working to replace and relocate the water mains.

David Mindel of Mindel, Scott & Associates, 5151 Jefferson Blvd., Louisville, was present and sworn

prior to speaking in behalf of this application.

Confirmed that the existing water line going through the site is in need of repair and have

agreed with the utility companies that Pulte Homes will relocate the line in the future section.

Dianne Zimmerman, Traffic Engineer, 12803 Cross Pike, Prospect, was present and sworn prior to

speaking in behalf of this application.

Presented the traffic impact study including the study for 2004.

Collected traffic counts on Highway 53 and the volumes are growing at less than one percent

per year since 2004.

As required, did evaluate the needs of the left turn lanes and both the south bound and north

bound left turn lanes will be required; right turn lanes will not be required.

of 19

The average daily trips on South Highway 53 is 10,000 vehicles a day between Zhale Smith

Road and KY 2856, south of Blakemore Lane.

The average daily trips from this development would be 1,978; the trips from the condos would

have been 1,721 and therefore will be a small increase from what is was approved.

(3) Testimony and questions by those opposing the application:

The following were present and sworn prior to speaking in opposition or having concerns regarding this

application:

1. Charles Williams, 2029 Highlander Court, LaGrange, Vice President of the Prestwick

Homeowners Association.

2. Bill Schirack, 2629 Sunningdale Place, West,

3. John Lacknen, 1704 Mahogany Run Drive, LaGrange

4. April Kruse, 2642 Sheffield Court, LaGrange

5. Attorney Gordon Rose, 462 South Fourth Street, Louisville, representing Cherry House

Furniture, Owen and Shirley Whitehouse and Steve and Leslie Whitehouse.

Appreciate that an easement for Prestwick Estates will be provided and have confidence that

builders will take the easement into consideration.

What steps can be taken to keep trees from being cut down once the property is released, or to

keep trees from being cut down in the future when new residents move in.

Safety concerns trying to get out onto Highway 53 from Glen Eagles Estates.

Suggests that the lot size and the house size be increased which in turn will increase the price

for the lot and the house. Doing this will allow less impact on traffic, schools and services such

as water and sewers. It would also be a better tax base for the county.

Asks how many homes it would take to require a second entrance onto the proposed

subdivision. One home will help create a safer entrance and exit not only for the new

development but also for Glen Eagles Estates. Pulte Homes never mentioned safety concerns

such as lowering the hills on Highway 53. Requests Pulte consider safety for the families of

Glen Eagles and Prestwick Estates.

Attorney Gordon Rose stated as follows:

The Whitehouse family is not opposed to this proposal. Historically, have had stormwater run-off

issues onto their properties from the North. Note #7 on the plan states there will be no increase

run-off to Highway 53 right-of-way and are requesting the same be proposed for the Whitehouse

property. Engineer Harris did state a binding element will be added that no adverse effect on the

downstream properties. Because there will be additional impervious surfaces and because the

property is downhill, there is a concern of additional run-off.

Concerns that there will be trespassers from the development to the Whitehouse property.

Attorney Steve Porter, 2406 Tucker Station Road, Louisville, was present to speak on behalf of the

Glen Eagles and Prestwick Estates Homeowners Association:

of 19

Glen Eagles Estates is located across the street on Highway 53 and Prestwick is located to

the south of the proposed development.

Clients do not flatly oppose the development but have concerns.

Presented Opposition Exhibit A, Proposed Binding Elements regarding preservation of trees

and vegetation.

Cherry Glen will be connecting to the Glen Eagles sewers and Glen Eagles wants to be assured

that there will not be any disturbance to the Glen Eagles entrance wall or entrance area and

would like that to be made part of the record.

Have traffic concerns but not regarding the number of trips, but the site line to the north and to

the south due to the humps, rises and dips in both directions; it is a problem for those trying to

get out of Glen Eagles and will be a problem for those getting out of Cherry Glen.

Cherry Glen will not have as much a problem as they will be making mostly right turns north to

LaGrange, but it will be hard for Glen Eagles having to make a left turn to LaGrange.

Requesting that the State of Kentucky address the issue by lowering both of those rises.

Another traffic concern is that vehicles will be stacking up for those trying to turn into Cherry

Glen Subdivision traveling south from LaGrange.

A possible solution is that a stub road be created at the rear of the property to access to Zhale

Smith Road allowing a future access that was recommended by Paula Wahl.

A proposed binding element for residents of Prestwick Estates has been presented, (and

Applicant is in agreement) that a 15 foot tree and vegetation easement be created at the rear of

the lots that adjoin Prestwick Estates.

It would be required that the tree preservation easement be put in the covenants or deed

restrictions so that all home owners are notified.

Requesting the following binding elements: (1) a tree protection fence as described in Section

300.120 of the Zoning Ordinance along the line of the preservation easement during all phases

of development and construction and (2) requiring a stub for access to Zhale Smith Road.

Recess for lunch took place at 12:20 p.m.

Meeting resumed at 1:20 p.m.

(4) Questioning of the applicant and those opposing the application by the Commission:

Dan Hemple of Pulte Homes, 10035 Forest Green Blvd., Louisville, was present and sworn prior to

responding to questions by the Commission.

They are planning to develop in four phases.

Depending on the material needed for the construction of each phase they may need to go into

other parts of the property to dispose of material or to get material back.

It appears that years ago someone may have stripped about five feet of material from the back

part of the property.

Scott Harris, Oldham County Engineer responded as follows:

As to the detention basin and concerns of the Whitehouse family whether they can retain silt

from flowing into the lake.

Although it could be costly, it can be controlled as there are different mechanisms that can be

used to clean the water.

of 19

Attorney Talbott assured the Commission that Pulte Homes, as a national organization, has a higher

standard as a company than the County or State and feels that the silt can be retained and prevented

from getting into the adjoining properties.

Mr. Hemple continued response as follows:

Assured the Commission that part of his job with Pulte Homes is to oversee the National Storm

Water Program.

Are held to a higher standard than any other regulatory agency.

Have internal audits every year and do a very good job of containing silt on their sites.

Always the possibility of issues due to a heavy rain or a blowout.

Administrator Urban responded that if there is a problem, a bond is in place for provisions to assure that

there is a stormwater permit for construction and that it will be maintained in compliance with the permit

and that it is for on-site and not for off-site implications.

Ted Chisholm, LaGrange Utilities, 412 East Jefferson, LaGrange was present and sworn prior to

responding to questions by the Commission.

Explained there is a pump station near the existing pond.

Should the pumping station fail there would be an overflow, however, they have a back-up

generator.

Mr. Mindell responded as follows:

Explained that construction drawings will be submitted to the County Engineer for approval.

Having the pond in front of the detention basin will also act as a silt barrier; there will be silt fences

and silt basins and many factors to keep the silt from leaving the site.

When there is a heavy rain they do walk the silt fence to make sure everything is working properly.

With reference to the existing electrical overhead lines, it serves the existing house and the property

to the north; the project have underground utilities and once the section to the north is developed

they will take an easement to the north property line.

Addressed the stub road proposed and showed on the subdivision plat map the location of the

Zhale Smith Road easement and stated that it has very poor site distance.

Addressed the location of the pump station and will have to look at the elevation of the existing lake

and put the pump station above it to prevent stormwater from getting into the pump station; all plans

will be submitted to Mr. Harris.

Showed the location of the water main line and Mr. Hemple has worked with the utilities as to where

it will be relocated; will not be on anyone’s lot but will be in the right of-way.

Confirmed that the homes will have a two-car garage and no different than any other subdivision.

Much like Glen Eagles, which is located across the street, if people are parked on the street there is

still sufficient room for emergency vehicles such as a fire truck; the driveways are15-17 feet wide

and the setback is 25 feet and one could park four cars in the driveway.

Administrator Urban stated at this time that there can be issues with four cars parked in the driveway. They

tend to park across the sidewalks and people become frustrated trying to walk on the sidewalk.

Motion For Extension of Time:

of 19

Motion by Commissioner Douglas and seconded by Commissioner Finney to add ten minutes to the

questioning phase. Motion carried by unanimous voice vote.

Mr. Hemple continued response to the Commission:

Presented photos of the proposed housing, showing the elevation and square footage from 1490 to

3000 square feet; about 60-70 percent of the houses will be on a slab.

Ranch houses will be available but the majority of the subdivision will consist of two story homes.

Average sale price is $225,000 to $275,000 and can provide basements with a walk-out on

appropriate lots.

Fronts of the houses will be a combination of brick or stone with vinyl provided on three sides.

Mr. Mindell continued response to the Commission:

The lift station elevation will be a couple of feet above the 100 year storm.

Confirmed that their engineers will be working with Pulte on the location of the lift station.

Have presented the location of the lift station to the agencies and have not received comments

concerning that location.

Confirmed the elevation of the generator of the pump station will be above the 100 year flood.

Mr. Schirack of Glen Eagles responded to the Commission:

He is not aware of any reports as to the number of accidents that have occurred at the intersection

of Highway 53 and Glen Eagles Way.

Attorney Porter continued response to the Commission:

As to restrictions regarding the proposed easement, it could be enforced by the homeowners

association.

Attorney Talbott continued response to the Commission:

Presented the subdivision plan showing a couple of lots where the stub road would be located; the

light jotted lines represent a dirt road that would be used to connect, build out and merge with Zhale

Smith Road.

He understands that the City of LaGrange and the developer own that property.

Administrator Urban at this time responded regarding the stub road, that if a house is placed in the way

there will not be an opportunity to show a stub to the edge of the property and have cut off all opportunities.

Attorney Talbott continued as follows:

The law requires a stub in certain circumstances and in this instance per the law, the stub is not

required.

Applicant is very interested in safety being the reason they have agreed to build left turn lanes on

Highway 53; they have gone over and above to meet the regulations.

Testimony from Mr. Mindell is that Zhale Smith Road would be a dangerous left hand turn.

Even if one more house were added, it would be the bare minimum to require the stub.

of 19

As to the buffer, the regulation of Section 300.120 does not apply and only required when there are

two different type uses; none of those requirements apply here as strictly proposing a single family

subdivision.

Applicant has volunteered a 15 foot buffer and agreed to keep the trees, add more trees and get rid

of only those diseased and dead trees.

Mr. Mindell responded in closing that the roads in the subdivision will be public roads and will meet the

requirements of the regulations.

Administrator Urban stated that the roads will not be accepted until they are constructed to standard; the

assumption is that the right-of-way and profiles are where they can become city roads.

Motion for Extension of Time

Motion was made by Commissioner King and seconded by Commissioner Falvey to add 10 minutes for

more testimony. Motion carried by unanimous voice vote.

Continued response to the Commission:

Mr. Hemple responded as follows:

If this plan is approved today they will need to begin preparation of construction plans which is

about a three to four month process.

Would like to build their first house in 2019 depending on the market.

Attorney Talbott responded to concerns as to who will maintain the buffer.

They propose a 15 foot buffer which is significant and propose to plant white pines every 15 feet

that will grow much like a green wall.

It is possible that trees may be cut down however, do not want to be the enforcer of that.

Discussion:

Administrator suggested that a recess be taken to discuss considerations of a binding element

regarding the 15 foot buffer as to who would be responsible. There are home owners associations

that are very strong regarding their deed restrictions, whether it is an accessory structure, a mailbox

or a tree; it is covered in their deed restrictions.

Administrator also asked the Applicant to take into consideration regarding the number of lots and if

a second entrance (not a complete street to Zhale Smith Road) is not provided could lose the

opportunity to connect one day to Zhale Smith Road. Zhale Smith Road at some point could get

widened and the site distance would go away but there would be no way of connecting if a house is

in the way. Should be discussion concerning providing stub streets to undeveloped property if not to

Zhale Smith, to the Whitehouse property. Our rules say there should be connectivity and should be

a stub street somewhere.

A ten minute recess was called at this time. The meeting was then reconvened.

of 19

Attorney Talbott informed the Commission that they have come to an agreement regarding the buffer and

Attorney Porter read the amended proposed binding element.

Attorney Steve Porter presented on the overhead and read into the record the proposed Binding Element.

Discussion followed regarding the stub street requirement.

Dianne Zimmerman, Traffic Engineer, responded to questions by the Commission:

Referred to the Collision Analysis from the Kentucky State Police and found there have been three

crashes on Kentucky 53 at Glen Eagles Way in the last five years which is significantly under

anything that would qualify Kentucky 53 as a high accident location.

The State decided that the location shown is the safest place for this property to have an entrance.

(5) Rebuttal evidence and Cross Examination by the Applicant:

Attorney Talbott has spoken with his client and has nothing else to present. He thanked the

Commission for their consideration.

(6) Rebuttal evidence and Cross Examination by the Opposition:

Attorney Porter stated as follows:

They have come to an agreement regarding the 15 foot buffer but they are still requesting the

requirement for the “snow” fence during construction.

Addressed the stub road which they feel can be connected to Zhale Smith Road or to the

Whitehouse property as it was on the original plan.

Mr. Schirack stated as follows:

Is requesting that caution signs be placed on Highway 53, North and South bound, allowing

those traveling on Highway 53 to be cautious of those exiting both subdivisions.

(7) Final Statement of the Opposition:

Attorney Steve Porter stated as follows:

Informed the Commission that they have come to an agreement regarding the buffer.

The binding element puts the responsibility on the Homeowners Association.

They have agreed that they are going to walk the property line with representatives from Pulte

Homes and representatives from Prestwick Estates before any construction starts.

(8) Final statement of the Applicant:

Attorney Talbott stated in closing that the reason for the proposed stub on the original plan is because

the 310 condominiums was over the limit, however that number now is 199 single family homes.

END OF PUBLIC HEARING

of 19

Discussion

Dan Hemple informed the Commission that he intends to get with Mr. Whitehouse so that they may walk

along the property to determine where the fence should be located.

Attorney Talbott stated they had no objection concerning the temporary “snow” fence, construction fence

that is to be provided.

*****


PZ-17-008

REVISED PRELIMINARY PLAN

CHERRY GLEN SUBDIVISION

Motion was made by Commissioner King and seconded by Commissioner Falvey to approve Docket PZ-17-

008, Revised Preliminary Plan for Cherry Glen Subdivision because:

Was based on evidence and testimony presented by numerous subject matter experts.

Complies with the objectives of the Comprehensive Plan, the Zoning Ordinance and the Subdivision Regulations.

The following binding elements are to be included in this motion:

Binding Elements:

1. There shall be no changes to the development plan without review by the Oldham County Planning Commission.

2. Left turn lanes (northbound and southbound) shall be constructed at the intersection of South Highway 53 and Gleneagles Way as outlined and required by Kentucky Transportation Cabinet.

3. Per Subdivision Regulation Section 5.2B Street System Layout, it is recommended that the development plan be revised to include a road stub to adjacent property to provide for a future alternative access road to Zhale Smith Road.

4. The cumulative phasing plan shall limit the number of building permits issued to forty (40) per year beginning with the first record plat.

5. The preliminary plan must comply with all established federal, state and county laws and ordinances and requirements at the time of approval.

6. The basins shall be designed to handle the routing of the Type II – 24 Hour Storm for each event and shall extend off-site to show no adverse effects to the downstream property.

7. A permanent tree protection shall be located at the rear of Lots 91 through and including Lot 110, on the southern boundary of the subdivision bordering the existing properties in Prestwick Estates Subdivision. The easement shall be fifteen feet in depth. Inside this easement, no clearing or destruction of any trees 4” in diameter of greater shall be permitted. Exceptions to this are dead or diseased trees or invasive species. No clearing shall occur without advance notice to and the final approval of the Cherry Glen homeowners’ association. Advance notice of such action shall be given to the Prestwick Estates Community Association, Inc. Details of this easement and this binding element shall be contained in the Covenants, Conditions and Restrictions for Cherry Glen Subdivision.

8. A fence is to be provided on the North property line (Whitehouse properties) as necessary and where appropriate.

9. Easements for utilities specifically but not limited to electric shall be shown on the record plat.

of 19

Discussion followed regarding Binding Element #3 relating the stub road.

Motion to Amended Binding Element #3

Motion was made by Commissioner Horton and seconded by Commissioner Finney to approve the

following amendment to the Binding Element to include the revision of Item #3, for the Revised Preliminary

Plan for Cherry Glen Subdivision to read as follows:

3. Per Subdivision Regulation Section 5.2B Street System Layout, the development plan shall be revised to include a road stub to adjacent property to provide for a future alternative access road to Zhale Smith Road.


Y YES: Commissioners King, Klingenfus, Mesker, Smith, Albertsen, Arvin,

Bohne, Crosby, Falvey, Finney, Horton and Neal.

NO: Commissioner Douglas

ABSTAIN: None




PZ-17-008

REVISED PRELIMINARY PLAN

CHERRY GLEN SUBDIVISION


Y YES: Commissioners Arvin, Falvey, Finney, Douglas, King, Klingenfus,

Mesker and Neal

NO: Albertsen, Bohne, Crosby, Horton and Smith

ABSTAIN: None



**************************************************************************************************************************

OTHER BUSINESS:

Election of Officers

Nomination of Chairman:

Vice Chair Greg King presided during nomination/election of Chairman of the Planning Commission.

of 19

Motion was made by Commissioner Smith and seconded by Commissioner Douglas to nominate

Kevin Jeffries as Chairman of the Oldham County Planning Commission. Motion carried by

unanimous voice vote.

Nomination of Vice Chairman:

Chairman Jeffries returned to preside during the nomination/election of Vice Chair of the Planning

Commission.

Motion was made by Commissioner Crosby and seconded by Commissioner Bohne to nominate

Commissioner Greg King as Vice Chairman of the Oldham County Planning Commission.

Motion carried by unanimous voice vote.

**********************************************************************************************************

There being no further business, the Planning Commission meeting adjourned at 3:40 p.m.

The next regular meeting is scheduled for Tuesday, April 25, 2017, at 9:00 a.m. in the courtroom of the

Oldham County Fiscal Court Building, LaGrange, Kentucky.

Respectfully Submitted:

__________________________

Ethel Foxx, Secretary

Approved:

_____________________________

Kevin Jeffries, Chairman

minutes of regular meeting oldham … minutes...page 1 of 19 minutes of regular meeting oldham...

Documents