ON
THURSDAY, OCTOBER 11, 2007, THE VERSAILLES-MIDWAY-WOODFORD COUNTY PLANNING AND
ZONING COMMISSION HELD THEIR SCHEDULED MEETING IN THE 2ND FLOOR
COURTROOM OF THE WOODFORD COUNTY COURTHOUSE AT 6:30 P.M.
MEMBERS PRESENT: Robert
Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Gay Glenn, Jim Hume, Mark
McDonald, J.D. Wolf.
MINUTES: A motion was made by Mr. Wolf, as seconded
by Mr. Blankenship, to approve the September
13, 2007 minutes as submitted.
The motion carried with seven (7) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis,
Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Chairman
Ellis announced that Item #4 will not be heard at the owner’s request.
Second
Amended Development Plan – Kentucky Bank –Lot 3 – 520 Marsailles Road.
Mrs.
Wilson stated that this was reviewed by the TRC and the purpose of the plan is
to close off the back access off of the access alley that is between the other
bank and the restaurant. They will
create four additional parking spaces.
The site will still have the principal entrance off of Marsailles Road making a circular pattern around the building. All the deficiencies have been addressed and
the plan is in order.
A motion was made by Mr. Hume, as
seconded by Mr. Evans, to approve the Second Amended Development Plan –
Kentucky Bank, Lot 3 – 520 Marsailles Road. The motion carried with seven (7) aye
votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis,
Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Final
Plat – Hiddenaway Estates, Sections 1 & 2 – 905 Pinckard Pike – 24 lots –
Rural Residential.
Mrs.
Wilson stated that this was reviewed by the TRC and all the deficiencies have
been addressed. All of the improvements
are in place and the street is private so there is no CD required.
Mr.
Boggs questioned how he gets 24 lots?
Mrs. Wilson explained that he actually owned two farms that are
contiguous and he is doing all of his development rights from both farms.
Mr.
Hume questioned if the road will eventually be taken over by the County? Mrs. Wilson stated that he built it to county
road standards, but he is still maintaining it as private. He could offer it to the County and they
could take it over if they so choose.
A motion was made by Mr. Wolf, as
seconded by Mr. Hume, to approve the Final Plat – Hiddenaway Estates, Sections
1 & 2 – 905 Pinckard Pike – 24 lots – Rural Residential District. The motion carried with seven (7) aye
votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis,
Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Final
Plat – Wooldridge Gardens, Phase II – Section 1B and Section 2A – McCowans
Ferry Road – 61 lots – R-1C PUD District.
Mrs.
Wilson stated that this is a continuation of the neighborhood that they have
looked at the past couple of meetings.
Last month a plat was approved for School House road contingent upon
that road being completed and then Mr. Smith establishing the bond amount. That has still not occurred and there is no CD
amount for this section. There are still
some remaining deficiencies on the plat.
Mr.
Hume questioned if they need a motion to act on it? Mrs. Wilson stated that they could just
continue it.
A motion was made by Mr. Hume, as
seconded by Mr. Evans, that this item for the Final Plat Wooldridge Gardens, Phase II –
Section 1B and 2A, be continued until such time the deficiencies have been
addressed. The motion carried with seven
(7) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis,
Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Final
Development Plan – St.
Andrews Anglican
Church – 124
Dry Ridge Road – 1 lot – A-1 District.
Mrs.
Wilson stated that the zoning ordinance was amended several years ago to
require that churches obtain a conditional use permit in all zones and also
present a development plan to be approved by the Planning Commission. They have already been to the Board of
Adjustment and received their conditional use permit and were also granted
several variances. They are asking for
the development plan to be approved, but Phase I is the first lower building
closest to Dry
Ridge Road
and that will be built first. The plat
was reviewed by the TRC and all the deficiencies have been addressed.
Mr.
Hume questioned what types of variances were required? Mrs. Wilson stated that because this is
surrounded entirely by roads on all three sides and is an island of land, they
cannot meet all of the setback requirements.
There were several variances that were granted and all were very specific. Mr. Butler stated that everything on the lot
is front yard. Mr. Hume questioned if it
will only access Hwy 33? Mrs. Wilson
stated that the access is on Dry Ridge Rd.
Mr.
Boggs stated that he would be concerned about additional traffic. He questioned if that is something they
should consider?
Mr.
Hume questioned how many parking spots they have? Mrs. Wilson stated that they have more than
is required and will complete them with each phase. Mr. Hume questioned if it will be based on
the occupancy of the building as to when they have to have them all
completed? They will have to have all of
it built when they complete the project and they will still have more than is
required. Mr. Hume questioned if the storage
building variance was unnecessary and could it have been placed somewhere
else? Mrs. Wilson stated that she does
not attend the Board of Adjustment meetings and does not know what discussion
there was.
A motion was made by Mr. Blankenship, as
seconded by Mr. McDonald, to approve the Final Development Plan – St. Andrews Anglican
Church – 124 Dry Ridge Road – 1 lot –
A-1 District. The motion carried with
seven (7) aye votes. VOTING IN
FAVOR: Robert Blankenship, Jim Boggs,
Carl Ellis, Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Zoning
Map Amendment and Conceptual Development Plan and Preliminary/Final Plat –
Dorothy Jones Property – Tract 5, 226 Jones Lane – 1,800 acres from A-2 to
Rural Residential and 7.200 acres from A-2 to Rural Residential/Residual
Farmland.
Chairman
Ellis declared the hearing open at 6:40 p.m. and called upon Mrs. Wilson for her report.
Mrs.
Wilson entered the following exhibits into the record:
A.
Zone Change
Application
B.
Conceptual
Development Plan and Preliminary/Final Plat
C.
Photographs of
Signs
D.
Copies of letters
to Adjoining Property Owners
E.
Notice to
Woodford Sun
F.
Staff Report/P. Wilson
G.
Letter from South
Woodford Water District
H.
TRC Minutes
I.
TRC deficiencies
letters to engineers
J.
Copy of Deeds
K.
Findings of
Facts/Tim Thompson
Mrs.
Wilson read her staff report into the record.
The owner is requesting a change in zoning of 1.800 acres (Tract 5) from
A-2 (Agriculture) to RR (Rural Residential), and 7.200 acres from A-2
(Agriculture) to R.R./Residual Farmland, to create one Rural Residential
building site around the owner’s existing residence. The property is located off of Kentucky
Highway 169 at 226
Jones Lane,
a private lane. Currently the property being requested for RR is being used for
residential purposes. There is one
existing farm house located on proposed Tract 5. The proposed Residual acreage
is pasture land with no structures located on it. Proposed is one Rural Residential lot around
an exiting residence consisting of 1.6 acres and 7.2 acres of proposed residual
farmland. The Rural Residential District is intended to maintain the rural and
scenic qualities of the County, provide for controlled rural residential growth
beyond the limits of the urban services districts, maintain the viability of
existing agricultural activities, allow land owners a reasonable return on
their holdings, provide for farming opportunities for future farmers, protect
historic, scenic or environmentally sensitive areas, and ensure that rural
residential growth can be adequately served by public roadways, fire and police
protection, and public schools. The A-2
Agricultural District is intended to provide a means by which agricultural land
outside the agricultural preservation zone, identified on the maps associated
with the Rural Policy Plan, can be proposed for rural residential cluster
development. The development standards
are the same as those of the A-1 District; however, the designation of A-2
zoning allows a landowner to request a re-zoning to the RR District for rural
residential development. Property to the
north of this property is zoned A-2 (Agricultural), to the east is A-1 &
A-2 (Agricultural), to the south is Rural Residential and Rural
Residential/Residual and A-2 (Agricultural) and to the west is A-2 & A-1
(Agricultural). The 2005
Comprehensive Plan Update recognizes agriculture as a significant economic
and tourism activity of the County. The Goal of Agricultural Use is: To protect and promote the county=s agricultural economy and character for the benefit
of the public. (Pg. 7) In addition, the
fifth objective to this goal stipulates that residential development should
only occur in areas recommended by the 2005 Plan. The Use
of Woodford Lands/Community Facilities and Services-Chapter 8 of the 2005
Plan establishes Land Use Districts (Figure 77). The area of the subject property is located
in the “Rural Character District”. The
Plan (Pg. 362) indicates that this district “contains a diverse set of uses,
ranging from rural residential cluster subdivisions to farms to crossroad
communities such as Troy. All share a
common characteristic however, a setting where human activities are clearly a
minor part of the natural environment.
The compatible integration of human activities within the rural setting
is the focus of this District, and it is clearly intended that the rural
character of these lands be preserved.”
(Emphasis added) Each District
contains Guidelines and these Guidelines “are intended to be flexible tools
that the Commission and legislative bodies can use to evaluate how development
proposals comply with the goals, objectives and policies of the adopted
Comprehensive Plan. The guidelines are
applied on a case by case basis and some may not be applicable or appropriated
for every development proposal considered by the Commission. Both policies and guidelines can be used as
findings to support Commission and/or legislative body decisions.” (Pg. 1) The 2005 Plan, Woodford Resources: Land, Water and Air address the physiographic
characteristics of Woodford County’s geology, soils and topography. The Sinkhole Site Map (Figure 45) does not indicate
that there are any Sinkhole Sites in this vicinity. The Soils Map (Figure 46) indicates this area
is, “Very limited for drainage, septic systems, and residential
dwellings.” The Soils Capabilities for
Agricultural Use Map (Figure 47) indicates that this vicinity is considered
Prime Farmland. According to the Slopes
Map (Figure 48) this property is located on slopes less than 12%. The development proposed supports the 2005
Plan and the Rural Residential Zoning District, in that the property does not fall within the designated
Agricultural/Equine Preserve District (Figure 77); the majority of the prime
agricultural farmland will either remain zoned A-2 or be designated as residual
farmland; the existing residence is already served with water and there is
adequate pressure according to the South Woodford Water District; and fire
protection is provided by the Woodford County Fire Department. There is already
an existing septic system serving the residence which was approved by the
Health Department. The proposed lot is
accessed by a private road that is blacktopped. The applicant has addressed the
appropriate Rural District Guidelines. The Zoning Ordinance, Section
703.10C indicates the following objectives as far as where lots should be laid
out to the greatest extent feasible: 1. On the most suitable soils for
sub-surface septic disposal (in unsewered areas only); 2. the least fertile
soils for agricultural uses, and in a manner which maximizes the useable area
remaining for such agricultural uses; 3.Within any woodland contained in the
parcel, or along the far edges of the open fields adjacent to any woodland (to
reduce impact upon agriculture, to provide summer shade and shelter from winter
wind, and to enable new construction to be visually absorbed by natural
landscape features.); 4.In locations least likely to block or interrupt scenic
vistas, as seen from the public roadway(s).
Sub-surface septic disposal is already in place and approved by the
Woodford County Health Department (#1).
The lot is located to maximize the remaining area for agricultural uses
(#2). Since this is a lot around an existing farm house a waiver is being
requested for required landscaping (Attachment #5). The lot is located in an area where there are
other structures which will reduce the impact upon agriculture (#3). The location of this lot will not have any
scenic impact on public roadways since the site is located approximately a
quarter of a mile from any public road (#4). It should be noted that
there have been four divisions from this property, two of which were rural
residential lots. The total farm area as
of July
16, 1990 was 161.362
acres. Applying the 80/20 ratio to this
number results in a 20% buildable rural residential area of 32.272 acres. With
this rezoning a total of 12.813 acres will be zoned Rural Residential. This
leaves 19.459 acres for future rural residential with a net of 10 lots to be
developed after this request. The 2005 Plan classifies Kentucky Highway
169 as a "Rural Major Collector."
This road is approximately four miles long and connects Highway 33 with
the community of Pinckard and eventually ties into Kentucky Highway 68 in Jessamine County. Fire
protection is provided by the Woodford County Fire Department. Police
protection is provided by the Versailles/Woodford County Police Department,
Sheriff=s Department and the Kentucky State Police. The proposed development would be served by Southside Elementary
School, the
Middle School and Woodford County High
School.
Mr.
Hume questioned how many buildable residential lots are available on this? Mrs. Wilson stated that 15 are the maximum,
if they do not create any divisions on an existing public road. Mr. Hume questioned if there is any chance
the road could become public? Mrs.
Wilson stated that it would take extensive upgrading. The other Jones farm that adjoins this is
already maximized.
Mr.
Wolf questioned how many more lots there could be? Mrs. Wilson stated that there are nine future
lots available. At this point they are
only asking for one lot.
Mr.
Tim Thompson attended the meeting representing Mrs. Jones. Mr. Thompson stated that this is a unique situation. Mr. Thompson explained that he did several
Rural Residential zone changes for Mr. Mack Jones and those were mostly done
one lot at a time. This farm was divided
between Mr. Jess Jones and Mr. Mack Jones down Jones Lane and an existing fence row sometime back. Mrs. Dorothy Jones has a situation where she
has borrowed some money and the bank wants to put a mortgage on the 107 acres
that she has at a higher interest rate.
She is trying to get something smaller to mortgage and the bank will not
accept it unless it is divided off separately.
They are creating a lot around the existing house so that she can get a
better interest rate. They are not
dividing the rest of the farm into any Rural Residential lots. Mr. Thompson stated that he included a scheme
of what could happen sometime down the road if the property was developed out,
which it is not at this time. Mr. Thompson
stated that they need three waivers in order to create this. The first division off this farm preceded
setting aside any residual farmland.
There was an 8 acre lot created for Mr. Boggs and he did not need the
residual land. Dr. Childers came in and created
a lot on the south corner and he did have to reserve the residual. But the result is that we have two Rural
Residential lots that are not contiguous.
Now that the contiguous rule is in place he wants a waiver for that
because it is very hard to do, but in the future as more lots are created, then
they would have to be contiguous. The
second waiver needed is for the 150’ setback from adjacent properties for
property owned by someone other than yourself.
Mr. Mack Jones property was across the street and has been divided
out. Mrs. Jones house has been there for
many years and he would like the waiver from 150’ to 80’ which is typical for
agricultural zones. The third waiver is
to the landscape ordinance. Mrs. Jones
is not changing the lot or the landscaping in any way. A house has been there for over 75
years. The barns are still there and it
would be ludicrous to try and screen that from public view.
Mr.
Hume questioned if the waivers are only for Lot
#9? Mr. Thompson stated that is correct. Mr. Thompson stated that he submitted
Findings of Fact for the Planning Commission to use, if they would like to
waive the by-laws and take action tonight.
Chairman
Ellis closed the hearing at 7:00 p.m.
A motion was made by Mr. Blankenship, as
seconded by Mr. Wolf, to waive the by-laws requiring that the Planning
Commission wait for 14 days before taking action on a zone change. The
motion carried with seven (7) aye votes.
VOTING IN FAVOR: Robert
Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Jim Hume, Mark McDonald, J.D.
Wolf.
A motion was made by Mr. Blankenship, as
seconded by Mr. Wolf, to recommend to the Woodford Fiscal Court, the approval
of the Zoning Map Amendment and Conceptual Development Plan and
Preliminary/Final Plat – Dorothy Jones Property – Tract 5, 226 Jones Lane –
1.800 acres from A-2 to Rural Residential and 7.200 acres from A-2 to Rural
Residential/Residual Farmland, based on the testimony tonight and the Findings
of Fact submitted by Mr. Thompson and also that the three waiver’s as outlined
by Mr. Thompson be approved as part of the motion: 1.
That the rule for the lot to be contiguous be waived. 2.
That the 150’ front setback be reduced to 80’. 3.
That the landscaping rule be waived.
The motion carried with seven (7) aye votes. VOTING IN FAVOR: Robert Blankenship, Jim Boggs, Carl Ellis,
Joel Evans, Jim Hume, Mark McDonald, J.D. Wolf.
Zoning
Map Amendment and Preliminary Development Plan – The Crossings – located off
Lexington Street and US 60 – 2.3641 acres from I-1 to B-4, 0.8504 acres from
I-1 to B-r, 0.2088 acres from I-1 to B-4, 0.8504 acres from I-1 to B-4, 0.3998
acres from I-1 to B-4, 0.0754 acres from I-1 to B-4, for a total of 3.898 acres
from I-1 to B-4.
Chairman
Ellis declared the hearing open at 7:02 p.m. and called upon Mrs. Wilson for her comments. (Mrs. Glenn arrived at
the meeting at this time)
Mrs.
Wilson entered the following exhibits into the record:
A.
Zone Change
Application
B.
Preliminary
Development Plan
C.
Photographs of
Signs
D.
Letters to
Adjoining Property owners
E.
Notice to
Woodford Sun
F.
Staff Report/P Wilson
G.
Letter from GRW
Engineers addressing Storm Water Drainage
H.
TRC Minutes
I.
Letters of Deficiencies
to Engineers
J.
Letter from Dept.
of Transportation
K.
Letter to the
Army Corp of Engineers – Louisville District
L.
Letter of Support
from Bluegrass Community Hospital – Kathy Love, Director
M.
Letter of Support
from Prism Holdings
N.
Letter of Support
from Beverly Pope
O.
Findings of Fact
and a Motion provided by the Applicant
Mrs.
Wilson read her staff report into the record.
The applicant is requesting that the zone of 3.898 net acres of properties along the
southwest Right-of-Way of US 60 By Pass be rezoned from I-1 (Light Industrial)
to B-4 (Highway Business) as follows: 0.850 acres of Hogg property from I-1 to
B-4, 0.209 acres of Gerson property
from I-1 to B-4, 2.364 acres of Hunter property from I-1 to B-4, 0.400 acres of Prism property from
I-1 to B-4, 0.075 acres of Wilder
property from I-1 to B-4, 3.898
Total acres from I-1 to B-4. Currently
the properties are used for warehousing, former lumber yard, wrecker yard, with
the Gerson piece being vacant (rear of Arby’s).
Proposed is the extension of Crossfield Drive from US 60 By-Pass and the construction of three
commercial/professional office buildings as laid out on the Preliminary Development Plan. The following
are the zoning requirements as set forth in Article VII, Section 713 for the
B-4, Highway Business District: This
zone is intended to provide for retail and other uses which are necessary to
the economic vitality of the community but may be inappropriate in other
zones. Special consideration should be
given to the relationship of the uses in the zone to the surrounding land uses
and to the adequacy of the street system to serve the traffic needs. The property to the north is zoned B-4 and is
used for retail, the property to the south is zoned B-4 and used for retail,
the property to the east is zoned B-3 and I-1 and is used for retail and part
is vacant, to the west is I-1 and used for residential and warehouse. Chapter 9 of the 2005 Comprehensive Plan
Update identifies several “special places” in Woodford County that are planned with more detail. The subject property is located between two
of these Master Plan Areas. One of those and is identified as Master Plan Area
#5 – Woodford Middle School Redevelopment Area located to the west of
the subject property and the other is Master Plan Area #4 – Versailles Center
Environs, located to the east of the subject property. The
reason this is important to note is that there are proposed transportation
elements that link these two MPA’s with the extension of Crossfield Drive, as also proposed with this application. This
can be seen on “Illustrative Plan” for MPA #5.
Additional guidelines are proposed for these adjacent MPA’s that could
carry over to the subject property.
Remember that these are to be used as “tools with which to evaluate
individual proposals for development”. The following Planning and Design
Guidelines may be considered: Community Facility and Services - #11- Sanitary
sewer, potable water and storm water management services should be located an
sized to accommodate the build-out of the entire MPA; Mobility - #17- Ensure a
high degree of connectivity of major and minor neighborhood streets throughout
the area; Design Guidelines - #25 – A common set of architectural standards
should be developed to guide the design of residential and non-residential land
uses within the MPA; #26 – A unified signage location and design plan should be
developed and implemented for a neighborhood center; #27 – Gateways identified
in the MPA Illustrative Plans should receive special design treatment that may
include a combination of landscaping, signage, special pavement and other
hardscape treatments, civic art or placement of civic uses/architectural
features near the intersection. The subject property will be accessed by two
different access points. One major
access point is at the Crossfield Drive/US 60 Bypass intersection. The 2005 Comprehensive Plan – Figure 42,
identifies US 60 Bypass as an Urban Principal Arterial. The 1999 Versailles-Midway-Woodford County
Transportation Study indicates the Level of Service (LOS) on this road to
be at D. The Future LOS of Lexington Street in the year 2020 falls to a Level
E. The extension of Crossfield Drive toward Laval Heights has been a planned transportation element since May
of 1999. The
Versailles-Midway-Woodford County Transportation Study recognized the need
for such a connection. Then the 2002 Community and Transportation System
Plan for Southern Versailles (both are addendums to the 2005 Comp Plan)
carried the concept forward in more detail. This Study recognized this area as
the “Eastern Gateway” to Versailles
and specifically discusses the extension of Crossfield Drive. The Study
ranked this project #1 out all of the “Eastern Gateway” projects and is
discussed as follows (Pgs. IV-7 &
8): Currently, nearly 20,000 vehicles
travel Lexington
Street
between Laval Heights and the US 60 /Lexington Street intersection each day. Those vehicles consist of through and local
traffic, resulting in significant congestion and delay particularly in peak
periods. As one of the goals of the TCSP project, congestion along Lexington Street should be reduced. Also, between 1996 and 1999, there
were 67 accidents along Lexington Street between Laval Heights and the US 60 Bypass.
Some of these accidents were due to the multitude of access points along
this section of road. Since there are no
exclusive turn lanes along this section of read, the many access point
typically cause drivers to slow down and stop at varying locations along the
segment. This random stopping and
slowing is a major cause of accidents. Based on field
traffic counts, it was observed that approximately 1500-2000 vehicles currently
make a left turn from Lexington Street to the US 60 Bypass (toward Frankfort)
each day. In order to relieve some of the congestion and reduce the number of
accidents along this road, it is proposed that a connector road could connect Laval Heights (at Lexington Street) to Crossfield Drive (at US 60). This project would require
the construction of a new road, approximately ¼ mile in length. The proposed
connector road would remove a large portion of the left turn vehicles at the Lexington Street / US 60 intersection which would cause
the intersection to experience an improved overall level of service. More
specifically, this improved level of service would be due to fewer vehicles
requiring a protected left-turning phase in the overall signal timing. This
project is directly connected with the reconfiguring of Lexington Street. As mentioned before, Lexington Street would be reconstructed into a two-lane
facility with turn lanes at the limited access points. One of the access points
on Lexington
Street would be at the intersection of Laval heights and the new connector. It should
be noted that the Lexington Street / Laval Heights and US 60 Bypass / Crossfield Drive intersections would need to be
reconfigured to accommodate this new connector road. The
applicant is also proposing another entrance to the property from Lexington Street where the current “Five and Dime Hair Center” is located.
This structure would be demolished so this access could be created. This access road would act as a “backage
road” for Lots B & C. The 2005 Comprehensive Plan – Figure 42, identifies Lexington Street (US 60) as an Urban Minor Arterial. The 1999 Versailles-Midway-Woodford
County Transportation Study indicates the Level of Service (LOS) on this
road to be at D. The Future LOS of Lexington Street in the year 2020 falls to a
Level F. The 2005 Comprehensive Plan
Update (Figure 75) indicates that this property lies in both the Commercial
District and the Workplace District within the Versailles Urban Area. The Preliminary Development Plan submitted
with the application appears to support the goals and objectives of the Plan.
Specifically, Commercial Goal LU/CFS-1, Objectives 1, 2, & 3;
Transportation Goal Mob-1, Objectives 1, 2 & 4; Public Use Facilities Goal
LU/CFS-4, Objective 4; General Land Development LU/CFS-5, Objectives 1 & 6;
Tourism Goal PJH-1, Objectives 1, 2,
& 3; and, Employment Goal PJH-2, Objective 1.
In
addition, the Plan sets forth Policies and Guidelines to be considered in each
Land Use District. The proposed
Preliminary Development Plan appears to follow Mobility Policy 1, and 2. The applicable guidelines set forth in the
Plan for Commerce Districts that apply and appear to be met are Guidelines 1,
2, 3, 4, 5, 6, 8 & 9. For the Workplace District Guidelines 1, 2, ,3, 4, 5,
6, & 7 appear to be addressed.
Finally, this area is located between two of the five Master Planned
areas defined in the 2005 Comprehensive Plan, MPA #4 and MPA #5. Associated
with these areas are an additional Design Guidelines of which 5 could apply to
the subject property even though it is not officially in either Area. The
applicant appears to have addressed these where applicable at this preliminary
stage of design. The proposed
preliminary plan appears to be in compliance with Preserving Town &
Country in the Woodford County Bluegrass with regard to the extension of Crossfield Drive and the “backage road” from Lexington Street. The buildings are being planned to be built as close
to the Bypass as possible given the constraints of the overhead transmission
lines along the property. The proposed
buildings cannot be located under these utilities or within specified areas
near the lines. The sketches prepared as part of Preserving Town & Country
reflect a very similar concept for this area.
Currently there are 100.59 acres of B-4 zoned land in the Urban Service
Boundary of Versailles. Approximately 1.8 (2%) acres of B-4 land is currently
vacant. The soils on this property
consist of Maury Silt Loam (MlB) and Dunning Silty Clay Loam (Du) based on the
Soil Conservation Service Maps. The
Maury soil is deep, well drained and gently sloping soil. It has high potential for most urban uses and
has no severe limitations. The Dunning
soil is deep, very poorly drained, nearly level soil on flood plains. It is commonly flooded. It has low potential for most urban uses
because it is commonly flooded. The general slope of this property is indicated
as gently rolling (<6%). Detailed geotechnical studies should be done on
this property where the Dunning soils occur at the time construction plans are
being prepared to investigate potential flooding, possible unknown sinkholes
and stability of the soils for foundations.
There is no designated flood plain on the subject property based on
FEMA’s Flood Insurance Rate Map (210231-0001-A, dated July 29, 1977) for Versailles. However,
there has been flooding on portions of this property in the vicinity of the
Hunter Lumber warehouses. The flooding
was due to a blue line stream that daylights on the property after having
traveled through a box culvert from the Cleveland Farm on Huntertown Road,
under The Woodford Plaza, under Wilson Avenue and Lexington Street. The applicant has included a conceptual study
by GRW on the storm water management plan.
In addition, GRW has also contacted the US Army Corps of Engineers
regarding the exiting blue line stream.
The City of Versailles has approved public water and sewer service for The
Crossings. The extension of Crossfield Drive is currently being studied by the State with
consideration for possible funding. It is anticipated in the 2005 Comprehensive
Plan and well as the two transportation addendums of the Plan. The “connector”
road shown on the preliminary plan was also anticipated and should help provide
rear access to these properties from Lexington Street. Careful
consideration should be given to the design of turn lanes and traffic medians
on these internal streets to control vehicular movement. The State has preliminary approved these entrances
pending application of an encroachment permit to their office. It appears that this zone change request is in
agreement with the Comprehensive Plan as noted above. The applicant indicates that the proposed
zone change is in agreement with the Comprehensive Plan due to being in the
Commerce and Workplace Districts and more specifically “Preserving Town & Country”
and is justified.
Mr.
Hume stated that this property does not cover the entire extension of the
highway. Mrs. Wilson stated that it does
not. The extension will go all the way
over to Lexington
Street and
connect up some way to Laval Heights, or at the entrance of Equestrian Park. It is being
studied by the State right now. Mr. Hume
questioned if that is all State planned?
Mrs. Wilson stated that normally they involve the community in some way,
but they are only studying it at the present time.
Judge
Tony Wilhoit, speaking as a private citizen at the request of Mr. Wagoner,
stated the he was instrumental in getting things started with him. He has invested a lot time, effort and money
in this. A Task Force was formed in 2000
by the Woodford
Fiscal Court,
to develop a plan for the future development of Woodford County. The rise that
came that caused the Task Force to be formed was the potential development in
the eastern gateway to the City of Versailles. There was a
lot of consternation regarding what would be built there, such as a Wal Mart,
and what it would look like. The Fiscal Court appointed the Task Force and the whole community came
together. Judge Wilhoit stated that
there was more community participation in that effort, than anything he had
ever witnessed since World War II. The
product that came out of that was “Preserving Town and Country” and it was submitted to the Fiscal Court and many of the regulations were later adopted and
included in the Comprehensive Plan. At
the time this was completed the Task Force was very confident that a lot of
things were going to get done in that eastern gateway to Versailles. The Rubloff
Company had agreed to everything that was recommended and that was going to be
the catalyst for the rest of the gateway on in towards town. Unfortunately, nothing has happened and the
Rubloff Company gave up. Judge Wilhoit
stated that he tried in vain to talk to people at Rubloff and could not get
anything going. Therefore, he started
thinking if they could not get it done on that property, then perhaps they
could start on some others. In July of
2005 Robert Wagoner came to town on behalf of a bank and was giving them some
architectural advice. Judge Wilhoit
stated that he had a friend that owned a piece of property that he thought
would be a great location for that.
Judge Wilhoit stated that he approached Mr. Wagoner and explained the
history of the Task Force and the efforts put into coming up with “Preserving
Town and Country”. After looking the
document over, Mr. Wagoner began to see the potential and the vision, as the
Task Force did. Judge Wilhoit stated
that he feels responsible that he got Mr. Wagoner involved and hopes he did not
oversell the vision. This proposed
development will enhance that area and is right in line with what the community
wanted to do. These opportunities do not
come along in that area very often.
Judge Wilhoit stated that when he learned about the Equestrian Games
coming to Central Kentucky, he became more panicked, because there are going to
be people from all over the world coming through Versailles and what they will see is not representative of this
community. Hopefully, something will be
done before 2010. This can be a catalyst
and perhaps it could even move the Rubloff Company to do something.
Mr.
Robert Wagoner, of Versailles Ventures LLC, stated that the presentation will
consist not only of the component parts of the project, but it is also
important to understand the development process that will be taking place. The title of this will be “The Crossing”, but
the subtitle is “from a sow’s ear to a suede purse”. Mr. Wagoner stated that he is not in any way
describing this as a “silk purse” because it is a very difficult and
complicated project. Mr. Wagoner stated
that he will show the facts and will not try to promise the world. Mr. Wagoner stated that this project is
about as difficult as anything he has ever done in his 30 year career. Mr. Wagoner stated that he first wants to
give his own history and show developments he has done or been involved
in. Mr. Wagoner stated that he was born
and raised in Bowling
Green and
attended the University of Kentucky and graduated in 1973 from the College of Architecture. He married
his wife while in college and they have one son. Mr. Wagoner stated that his first job was
right out of college and he worked for the Amelia Island Company. It is a Seapines Company and they developed
the majority of Hilton Head. Mr. Wagoner
stated that he was hired to be the Administrator for the Architectural Review
Board and he coordinated the single family construction on the island. Mr. Wagoner stated that he was one of many architects
who worked at Amelia Island and he learned a lot.
He learned how a developer can assemble a group of professionals and
study a site and a market and produce a master plan that is flexible and allows
various components to be integrated into the site. In 1975 the oil embargo hit and people
stopped traveling and stopped buying ocean front property and property around
that area and he was laid off from his job.
He then went to work with a company called Hocker’s,
who were shopping center developers, and he became the Project Manager of the
top project The Oaks Mall, which was in Gainesville. He had to
assemble the necessary permits for the project and see that it got started and
watched the construction. Mr. Wagoner
stated that the company liked what he did and they moved him back to Kentucky to become the Vice President of Design and
Construction for that company, which later became David Hocker &
Associates. While at that company he did
many shopping center projects, but the one he was most proud of was a
dilapidated train station that they converted into their corporate
offices. The night before they took
title to the property they had mud wrestling there. That project won an Architectural Award upon
its completion. Mr. Wagoner named many
more projects he worked on with the same company. Mr. Wagoner stated that oddly enough his
career took him back to Hilton Head where he did the plaza at Shelter
Cove. In 1984 Mr. Hocker and he traveled
to Lexington to talk to the Webb Companies about a joint venture
on a piece of property at the intersection of Nicholasville Road and New Circle Road.
Coincidentally after that, he flew out on the same plane with Dudley
Webb and he offered him a job as the Vice President of Retail Development at
the Webb Company. Mr. Wagoner stated
that he accepted that job and his wife being from Lexington was happy to get back home. Mr. Wagoner stated that he was responsible
for coordinating the development of Lexington Green, and the retail
component. In addition, he did Tates Creek Center, and Regency Center. He also did a
medical center behind the Tates Creek Center and Good Samaritan Hospital was their anchor tenant in that office building. He did the Village Shops on Richmond Road, Palomar Shopping
Center and
Tates Creek South. In the later stages
of his career with the Webb Company he did Georgetown Center and then the writing was on the wall that the Webb
Company would not be doing much more development and they parted ways on
friendly terms. Mr. Wagoner stated that
he sold out his partnership interest in all of these companies and formed his
own company, which is R.W. Development.
Mr. Wagoner stated that he did one project at the Turfway intersection
at I-75 and was a Blockbuster Development.
This allowed him to simplify his life and retire and play a lot of
golf. One of the people he played with was
John Shropshire, who was wanting to develop a branch bank and was having a hard
time finding a place to do so. As a
friend he came to Versailles to help him.
Mr. Wagoner stated that he looked all over the community and was very
impressed. He and Mr. Shropshire met
with Judge Wilhoit and talked about where the branch bank could go. Judge Wilhoit gave him the Preserving Town and Country report and at first he was unimpressed
because in his career he has seen lots of those types of reports where
communities with good intentions would get with a Planner that is a bit out in
left field and nothing happens. Mr.
Wagoner stated that he continued to look at the report and picking out certain
passages that did not really make sense to him.
He kept looking and breaking it apart and then went to the Chapter that
the Judge pointed out about how to improve Lexington Street. This
component of the report referred to public/private cooperation. He then questioned what if this
public/private cooperation, and the extension of Crossfield Drive comes to pass, if there would be a chance to make
that section of this property work? The
most impressive page in the report was the last page showing all the people who
contributed their time and effort to develop this report. Mr. Wagoner stated that he then started
trying to assemble properties and the first one was the Hogg property. It is an old railroad track that goes all the
way up to Douglas
Avenue and
beyond. He worked with Mr. and Mrs. Hogg
and their son Steve and got that under contract. The next person approached was Dr. Gerson,
who owns the property where Arby’s is located.
The property goes further back and is not included in his lease to
Arby’s so he contracted that piece of land.
The next approach was to the Hunter family and he began by working with
their daughter, Donna Matthews. It took
a year to finally convince them to sell him the majority of their
property. He took his portfolio to the
Prism Group who had recently purchased the old Rainbow site to see if they
would work with him. He contracted a
small strip of land from them and they want to buy into this concept. The next piece of property he has contracted
is owned by Terry and Mary Wilder and is a small triangle. That piece was needed to square things
up. One other important thing to
remember is that on the Hunter property there are three long term leases and
with Mrs. Matthews help they have been successful in terminating those. These properties are all the components of
the leases. Basically the proposal is to
develop three commercial lots at the US 60 By-pass. Mr. Wagoner is proposing that Crossfield Drive be extended in a Phase I fashion and it will service
the three parcels. There will be cross
access agreements between the three parcels to utilize Crossfield Drive as well as a connector road that will go to Lexington Street. In addition
the Wilder and Hunter tracts will be allowed to use the road as well. Mr. Wagoner stated that the connector road
that he is proposing to build will be less than standard and he is asking for a
waiver to allow it to be a 25’ minimum.
The regulations call for a 30’ minimum with additional right of way for
sidewalks. Mr. Wagoner stated that he
cannot make the street that wide and make this work. Mr. Wagoner called upon the engineer for the
project to address the utility and storm water part of this project.
Mr.
Harvey Helm, Vice President of GRW Engineers, stated that he has been with that
company since the 1970’s. Mr. Helm
stated that he has been working around Versailles and Woodford County all that time.
This project is really exciting for the same basic reasons that Mr.
Wagoner and Judge Wilhoit have already mentioned. This is an infill project so a lot of the
infrastructure is already in place. Crossfield Drive will come through at this project and eventually tie
into Lexington
Street. That is a natural location and a very good
location. There is a KU transmission
line that runs along the By-pass and that is the reason why you are seeing
parking on the front. That is the
nearest they can get to that transmission line.
Also in that same area is the City’s sanitary sewer line so that service
is already in place. Water and gas and
another electric line are in place as well.
There is a blue line stream that goes underneath Lexington Street and it runs and it opens up at the edge of the right
of way and goes back underneath the culvert and opens up again into a ditch
that winds it way towards the Olson property and the Hospital sink. They have asked the Army Corp. of Engineers
to give them a jurisdictional determination on that stream and tell them what
they want done in order for them to get a permit. What they would like to do is pick up the
culvert where it exits and put that stream into a culvert and exit it all the
way down at the end of the property. The
Army Corp. of Engineers move rather slowly so they do not have a determination
at this point. That is a very poor
quality stream and he does not think they will require a lot of mitigation on
that project. The portion from Crossfield Drive would also have to be put in the culvert. Originally, Mr. Wagoner wanted to keep that
as open as possible, but it would just become too hard to do. The existing property has several buildings
and impervious areas on it and they are proposing to have all the existing
storm drains run straight through the property and they will retain any of the
run off from the new development before it goes into the culvert, rather than
having it go directly there. This is an
infill project and the infrastructure is in place except for the road, which is
part of the highway project, so it is a very good location for what is proposed.
Mr.
Wagoner showed a more complete site plan.
On either side of the entrance that would come from Crossfield Drive, Mr. Wagoner stated that he is proposing installing
an entrance sign which would be a stone veneer sign with “The Crossings” on it
and it would have some lighting and landscaping. Along the right of way the Transportation
Department requires a right of way fence and they will approve several
different kinds. Mr. Wagoner showed a
fence that they have recently approved along New Circle Road and it is very
attractive. Mr. Wagoner stated that this
is what he will install all along the right of way of the US 60 By-pass. There are three monument signs located here and
because signage gets out of control at times, he is proposing three monument
sign bases wherein the tenant could display their name and it would be
harmonious. In addition signage will be
needed along Lexington
Street and
he proposed a pylon sign similar to the same style. Mr. Wagoner stated that he will comply with
the street tree requirements along the US 60 By-pass, as well as Crossfield Drive. Mr. Wagoner
stated that he would like to share the overall master plan. That is a more flexible drawing and shows the
area that he is working with presently and the first phase of Crossfield Drive. At the bottom
you also see the Prism Property. In his
contract with them, they have agreed to buy into this concept as well. They have agreed to utilize the same monument
signs for their tenants so that there will be a continuous signage look up and
down US 60. In addition they have agreed
to install a pylon sign on Lexington Street similar to what he is doing. They have also agreed to utilize the same
fence that he is proposing along the right of way of their property. The landscaping will be coordinated as
well. In addition, he and Dr. Gerson
want to discuss with the Arby’s the prospects of their remodeling their
building. There is a pretty good chance
that once they see how this is going to look that they will want to do
that. In addition to that, he plans to
continue to work with the Hunter’s and their daughter and hopefully get their
building remodeled. The Wilder’s
property offers a good future phase potential as well. Mr. Wagoner stated that he has talked to
various property owners to the west and has not found anyone who does not want
to get involved, at least in the planning process of this entire quadrant and
come up with a coordinated master plan.
Mr. Wagoner referred to the very tip of the property at the US 60 and Lexington Road intersection, where he believes would be an excellent
location for an attractive water feature.
It would not be a part of his project, but is a thought for the
community. In the 1970’s a group was put
together of key Lexingtonians and they got together and raised funds to build
the fountain at Triangle Park. Mr. Wagoner
felt that perhaps that could be done in this community and create a gateway
entrance into Versailles. They could
approach the State for an encroachment onto that tract and provide a new
gateway entrance into Versailles. Another area
that deserves more attention is the Crossfield Drive extension. On July 8, 2007, he wrote to Mayor Siegelman regarding all of this
and explained that this extension is critical to this development. He requested his help with an agreement
wherein committed funding would be exchanged for Phase I Crossfield right of
way at no cost to the City or the State.
Obviously timing, legal, and engineering details would require a joint
effort. Mr. Wagoner stated that if he
could work out an agreement between the
City or State, he could get an agreement in place that this section of this
road would be funded along with improvements to the signals on US 60, he would
give them the right of way. In speaking
with Mr. Carl Rollins, he is receptive to the plan and he has also spoken with
Julian Carroll and his people are receptive.
If they can work together on the funding for this section of the road,
it will not only help “The Crossings” development, but it will also set a
precedent for other properties along the path of Crossfield Drive. Mr. Wagoner
stated that he cannot emphasize too much the importance of this to the
project. Timing is very critical. Mr. Wagoner pointed out the buildings that
would be demolished, The Five and Dime on Lexington Street and two buildings that front on US 60, a metal
building on the Hogg property and the pylon sign at the intersection would also
be taken down. Some warehouses on the
back of the Hunter property would be removed as well. The existing fence encroaches over into the
right of way and there is a good strip of land that a fountain could be placed
on, if the community could get together and do that. Mr. Wagoner showed photos of the buildings
and signs to be taken down. Mr. Wagoner
stated that he started with a parable and will end with one. This development is a bit like “Humpty
Dumpty”. This development not only needs
the vote of the Planning Commission, but it needs help as well. It needs the citizens of Woodford County to get behind this and help with it. There is an opportunity to move the project
along and produce a master plan product, somewhat like what has been shown.
Mr.
Wolf questioned why he has not purchased land closer to the downtown? Mr. Wagoner stated that he understands and
agrees that there is much more that needs to be developed in this
quadrant. It is a very difficult thing
to get every one of the property owners in agreement and get the timing
right. It takes a big effort. Mr. Wolf stated that specifically he is
talking about the Olson property. Mrs.
Wilson stated that it is not part of this hearing. Mr. Wagoner stated that he does not know, but
is aware that Mr. Olson passed away. He
has attempted to contact the family, but it makes sense to get the precedent
going first.
Mr.
Blankenship stated that the extension to Crossfield Drive is an obvious key to this. What happens if the State is not ready to
extend the street? Mr. Wagoner stated
that is what he has to work on and the whole thing could fall. If this can’t be done in a timely fashion, it
could all disassemble. Mr. Harvey Helm
of GRW stated that also they need to work with the Army Corp. of Engineers, but
they feel really good about that. Mr.
Wagoner stated that the concern is the funding for Crossfield Drive. Mr.
Blankenship questioned if they would consider and entrance onto the By-Pass
even if Crossfield
Drive were
not extended at this time. Mr. Wagoner
felt like they might and indicated that he has met with four engineers with the
Highway Department.
Mr.
Blankenship stated that the storm drain is an angled drain and is a large box
culvert. He questioned what is going to
keep it from getting blocked up with debris coming through there, some type of
bar screen? Mr. Helm stated that they
will do whatever it is they can to keep anything from coming through
there. They may put a radius in the
culvert to help that.
Mrs.
Glenn stated that there was indication that a waiver would be needed on the Lexington Road connection. She
questioned if he would be amenable to the waiver being conditioned on the road
being brought up to standard if the property to the west were ever developed in
the future? Mr. Wagoner stated that
would be fine with him, but at this point he only has room to do what he is
proposing.
Mr.
Hume questioned if it would be better to make it a one way until such time it
could be widened? Mr. Wagoner stated
that he did not think he could make it work with the users if it were only one
way. It is 25’ wide and traffic can
circulate on two 12’ lanes.
Chairman
Ellis called for public comments.
Mrs.
Jenny Given stated that she is aware they are hinging the development on the
State constructing the extension of Crossfield Drive. Mrs. Given
questioned if this has ever been done before?
She stated that normally the road is built and then turned over to the
proper authority. If this is allowed,
will it set a precedent for the public to build all the roadways for
developments?
Chairman
Ellis questioned if Mr. Wagoner is proposing to build the road and then
dedicate it, or is he wanting the City or State to build it? Mr. Wagoner stated that he is hoping for
discussions but he is hoping that they would build it. The State probably would contribute some of
the funds and then the City or State would build it. Mr. Wagoner stated that he is not completely
opposed to building it and then deeding it back, but at this time he has a lot
of other things to handle.
Mr.
Hume stated that in the earlier discussions of this road, wasn’t it the plan
for Woodford County to build the extension? Mrs. Wilson stated that it was originally
conceived as a State project. They have
money in their six year plan to study that and that is what has been going
on. They have surveyed different
pathways through those properties in that area.
Mr. Wolf stated that the paper said that the legislature would have to
act on that. Chairman Ellis stated that
the City just signed a contract to do the engineering. Chairman Ellis stated that he does not think
it is in the six year plan. Mr.
Blankenship stated that is between the City and the State and Mr. Wagoner. The Planning Commission’s concern is the zone
change before them. Mrs. Wilson stated
that is correct, but Mr. Wagoner is planning the road as the Comprehensive Plan
recommends, and the funding and so forth are not part of the zone change.
Chairman
Ellis closed the hearing at 7:55 p.m.
A motion was made by Mr. Blankenship, as
seconded by Mr. Evans, to waive the By-laws requiring that the Planning
Commission wait 14 days before taking action on a zone change. The
motion carried with eight(8) aye votes.
VOTING IN FAVOR: Robert
Blankenship, Jim Boggs, Carl Ellis, Joel Evans, Gay Glenn, Jim Hume, Mark
McDonald, J.D. Wolf.
A motion was made by Mr. Blankenship, as
seconded by Mr. Hume, to recommend to the City of Versailles, the approval of
the zoning map amendment for “The Crossings” located off Lexington Street and
US 60 for 2.3641 acres from I-1 to B-4, 0.8504 acres from I-1 to B-4, 0.2088
acres from I-1 to B-4, 0.8504 acres from I-1 to B-4, 0.3998 acres from I-1 to
B-4, 0.0754 acres from I-1 to B-4, for a total of 3.898 acres from I-1 to B-4,
including the waiver to allow a 25’ wide connector street, based on the testimony
during the hearing, the Staff Report and the Findings of Fact submitted by the
applicant as follows: 1. The subject property does lie within the
Urban Service Area as outlined in the Comprehensive Plan and is in the City of
Versailles. 2. Community facilities are adequately provided
to the subject property. In particular,
public water and sewer and provided to the site by the City of Versailles. Police and fire protection are adequate. 3. The