City of Mount Washington
Minutes of the Regularly Scheduled Council Meeting
November 27, 2006
City Hall Annex Building, 186 Branham Way
Mayor Sullivan called the meeting to order at 6:30pm with the following Council members present: Joetta Calhoun, Ed Hilbert, Ralph Lutes, Sid Griffin, Lloyd Dooley and Larry Porter.
Also present were City Clerk Christi Franklin, City Treasurer Peggy Brinkman, Utility Superintendent Ronnie Fick, City Engineer Dave Derrick and City Attorney Jim Winchell.
Ralph Lutes gave the invocation and led the Pledge of Allegiance.
Minutes
Christi Franklin read the minutes of the November 13, 2006 Council meeting. Sid Griffin made a motion to accept the minutes as written. Ralph Lutes seconded the motion. Motion passed unanimously by a roll call vote.
Treasurer’s Report
Peggy Brinkman gave the Treasurer’s Report for October 2006 and answered questions from the Council. Lloyd Dooley made a motion to accept the Treasurer’s Report. Joetta Calhoun seconded the motion. Motion passed unanimously by a roll call vote.
Ordinances
The Council held second reading of an ordinance annexing 1.0136 acres known as the Nell B. Porter property located at 8844 Highway 44E. Lloyd Dooley made a motion to pass the ordinance annexing the Nell B. Porter property. Joetta Calhoun seconded the motion. Motion passed unanimously by a roll call vote.
R. Miles Properties (2006Z-43)
Larry Porter introduced and the Council held first reading of an ordinance to accept or reject the recommendation of the Bullitt County Joint Planning Commission to re-zone 32.6 acres, more or less, known as the R. Miles Properties, LLC property located on the east side of Bleemel Lane abutting the south property line of the Autumn Glen subdivision.
Cathy McElroy, 816 Bleemel Lane, asked if the R-3 zoning does pass, is the recommendation of Planning and Zoning followed regarding setbacks with no patio homes and apartments and no smaller lots. Mayor Sullivan said this is generally true. She stated that if this is not the case, she wants more time to prepare. Ms. McElroy asked how many additional houses would be on the 100 acres. Richard Miles said he didn’t have the layout at this time but it is approximately 250 homes, although that is the same number of houses to be built under the current R-2 zoning. Ms. McElroy discussed the sewer sanctions and the number of houses that can be built in Autumn Glen until the sanctions are lifted. She also said a retention basin in the original plans, but is not located where the original plans stated and is at the mouth of her creek. She discussed her concerns about sewage overflow into the creek. Ms. McElroy asked who follows up with the subdivision plans to make sure the developers have done what has been approved. Mayor Sullivan said the utility superintendent and City engineer do. Ronnie Fick said the retention basin is for the next phase and has not been completely built. Mayor Sullivan said this is lift station, not a retention basin. Discussion followed. She discussed the restrictions in the court order with Richard Miles.
Richard Miles stated the purpose of the zoning request is for side yard setbacks to allow larger homes to be built. Joetta Calhoun asked why he is not asking for a variance instead of a zoning change. Mr. Miles said each lot would require an individual variance and it would slow the process down. He said the number of homes will remain the same and will not include patio homes or apartments, therefore the number or cars will not change. He said Autumn Glen is a nice subdivision and he wants to build larger homes.
Susie Bennett, 591 Bleemel Lane, stated the developer has blocked the roads with construction trucks and did not provide flaggers. Therefore drivers had to take other routes. She said when the building is done on Armstrong Lane it will be worse. Ms. Bennett said that Planning and Zoning and the City should not allow large developments to have driveways on main roads. She also wanted to see the house size and restriction of no patio homes and apartments as a signed agreement.
Richard Miles said the 1,350 sq. ft. and other zoning restrictions are binding. Also only one more driveway will be built on Bleemel Lane. He also discussed the subdivision entrance on Bleemel Lane and the construction of burms.
R. Miles Properties (2006Z-44)
Larry Porter introduced and the Council held first reading of an ordinance to accept or reject the recommendation of the Bullitt County Joint Planning Commission to re-zone 69.5 acres, more or less, known as the R. Miles Properties, LLC property located on the west side of Armstrong Lane abutting the south property line of the Autumn Glen subdivision.
Joetta Calhoun said all three developments before the Council total approximately 215 acres and feed onto Armstrong Lane. She also stated she spoke with the treatment plant and they are already out of compliance. Ronnie Fick said the City has been waiting on the Division of Water since June on the treatment plant expansion. He also commented that only 60% of the vehicles will feed onto Armstrong Lane and the other 40% will feed onto Bleemel Lane. Mayor Sullivan said the State dictates the number of homes to be built every three months (10 homes per quarter per development). Discussion followed regarding the sewer sanctions and the treatment plant upgrade.
BMP Development (2006Z-48)
Keith Brown, representing BMP Development, said the owner has looked at the application and would like to proceed with the zoning request on a smaller portion (113.85 to 57 acres) of the original area. He submitted a letter addressing this request, a new meets and bounds description and a plat. Discussion followed.
David Abner, 716 Winding Woods Trail, said he is speaking on the total acreage, which is what the he received notice of. He is concerned about the 1,700 sq. ft. of living space size restriction for a single family home. Mr. Abner said the only access to this development is through Wildwoods and the homes should be comparable and asked that the restriction be changed to match Wildwoods as follows: single story – 1,800 sq. ft., 1 ½ stories – 2,000 sq. ft. with not less than 1,300 sq. ft. on the first floor, 2 story – 2,400 sq. ft. with 1,200 sq. ft. on the first floor (all are exclusive of the garage). He also said he discussed the number of additional vehicles and sewage capacity at the Planning and Zoning meeting, but that may change due to the applicant’s change in acreage today.
Eric Huber, 1358 Armstrong Lane, discussed his concerns about traffic on Armstrong Lane and the intersection of Armstrong Lane and Highway 44. He also had concerns about drainage. Mr. Huber concurred with Mr. Abner regarding the house size restrictions. He discussed the total impact of the development of a subdivision. He also stated he was not able to vote because the lines were too long.
John Jewell, 300 Winding Woods Trail, concurred with the other two speakers regarding the house size restrictions, traffic and drainage issues with the declining grade of the property. He asked if the new sewer taps put the City out of capacity. Dave Derrick said the City is out of compliance with the permit, but on a normal day the plant performs very well and is well within the limitations that are established. There are some problems with leakage into the system with an occasional violation of the permit. He discussed the measures the City is taking to improve the system and the treatment plant upgrade. Mr. Jewell said he understand the developers investment in the community and property but asked the Council to consider that the residents have an investment in the community also and they will be the ones who live there.
Clifford Klumb, 634 Winding Woods Trail, said some of which he was going to speak about has already been said, but added when Wildwood was developed, the standards were set from Bryarfield and he doesn’t feel it should move backward. He also discussed the loss of habitat and wildlife. Mr. Klumb invited the developers to visit his property because it does flood behind his property. He feels it will have tremendous problems with drainage below the ridge if the property is developed. He also heard that a portion of the property has already sold, which would eliminate one of the access roads onto Wildwoods Trail. Mr. Klumb feels if the property is developed behind him it would reduce all the property values because of the loss of woods and privacy. He suggested building some type of nature preserve. Mr. Klumb said the Wildwoods restrictions also state that the roof pitch should be 8/12. He requested the Council refrain from making a decision until all the questions are answered.
Kyle Stivers, 305 Winding Woods Trail, said he shares the same concerns as those that spoke before him regarding the size of the homes. He would like the Council to make sure that the 50’ setbacks are in place. Mr. Stivers asked if sidewalks, curbs and gutters would be in place. He also asked that the restrictions state no forward facing garages. He feels this development should compliment Wildwoods. He, Ronnie Fick and Dave Derrick discussed the process of preliminary plat approval.
John Wooldridge, representing Hatfield Development, said he has not looked at the scaled down version, but they are allowed to scale it down. He stated that because the recommendation says it is compliance with the comprehensive plan, that doesn’t mean the zoning must be approved. The Council must take note of the socio-economic area and agrees with the previous speakers regarding traffic concerns. Mr. Wooldridge said the Council should place the restrictions on the entire property and not just on the scaled down version. He also discussed the percentage of brick that should be placed in the restrictions. Mr. Wooldridge said that Hatfield Development does have a conservation easement at the back of the property and the trees cannot be cut down. He said this should also be required of the new development. He stated that Hatfield Development does not object to the R-1 zoning, but asks that the current restrictions in Bryarfield and Wildwoods be placed on this development.
Angela Budde, 483 Winding Woods Trail, said her concerns are the same as previous speakers. She is also concerned about the traffic related to all of the development off Armstrong Lane and stated if a wreck would occur, the residents would have no other way of getting home without going a long distance around. Ms. Budde also stated her concerns with the square footage of the homes in the proposed development.
Doris Owen, 121 Oak Leaf Court, asked the Council if they had any comments regarding the traffic survey she submitted one month ago. Joetta Calhoun stated the traffic survey is the reason she said her comments earlier. Ms. Owen said with the developments, there will eventually be 800 cars on Armstrong Lane, and with no center lane, it is 50% fault for wrecks. She said there must be some way the developers can help the City and County to improve Armstrong Lane, although she doesn’t see anyone doing anything about it. She also said Armstrong Lane does not have a shoulder.
Mayor Sullivan said he has never known the Council to dictate square footage on property and the Council either votes for or against the Planning Commission’s recommendation.
Keith Brown said he was surprised that Mr. Wooldridge was not here supporting this development since he prepared the deeds and mortgage to the property. Mr. Brown submitted copies as an exhibit. He said the transportation and road issues are bigger than one developer and he discussed the six year plan for Highway 44 and Armstrong Lane and submitted excerpts from this document. Mr. Brown stated that when property is annexed, the statutes say it is suitable for urban development and people shouldn’t be surprised of a re-zoning. He feels what they are proposing is consistent with the annexation. He submitted copies of Mt. Washington City Council minutes for the last few years to show prior re-zonings in Mt. Washington. Mr. Brown is concerned when residential developers who have applied for developments previously are here opposing this residential development and asked the Council to discount their comments. He said this hearing is for zoning only and subsequent approvals will be addressed at a later date. He stated they took into consideration and agreed with the Planning Commission’s recommendations including the size restriction of 1,700 sq ft. that is comparable to Wildwood. Mr. Brown stated that not all subdivisions in Mt. Washington are identical and hopes the City Council keeps the 1,700 sq. ft. restriction. He requests that only 57 acres be re-zoned and not the remainder of the property and asked that the recommendation of the Planning Commission be approved for the 57 acres.
The Council discussed the request to change the acreage to 57 acres. Jim Winchell said he feels the reduction of acreage is a substantial change and the ordinance would need to be re-written, hold another first reading of the ordinance and would require another public hearing. Discussion followed regarding the timing of the meetings and the impending change of City Council members in January. Jim Winchell stated Mr. Brown is withdrawing the request for the 113 acres and requesting 57 acres and he will change the ordinance for another first reading at a later date. Discussion followed. Joetta Calhoun made a motion to table the BMP Development re-zoning to allow time to address a new ordinance and the timing issues as discussed. Ed Hilbert seconded the motion. Motion passed unanimously by a roll call vote. Mayor Sullivan said this will come up before the new Council in January.
Adjourn
Sid Griffin made a motion to adjourn at 8:17pm. Ed Hilbert seconded the motion. Motion passed unanimously by a roll call vote.