PLANNING COMMISSION MINUTES

JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
Change in zoning from R-4 Single-Family Residential to R-6 Multi-Family
Residential, OR-3 OfficelResidential and C-I Commercial on property located at
Oxmoor Lane and Bunsen Parkway containing 415.88 acres, and being in the City of
Louisville
OwnerIApplicant:
PNC Bank as Trustee under the wills of:
William Marshall Bullitt & Annie L. Bullitt
Kendall G. Dudley, Vice President
500 West Jefferson Street, 5" Floor
Louisville, Kentucky 40296
Stock Yards Bank and Trust Co., Trustee under the will
of Thomas W. Bullitt
E. Gordon Maynard, Senior Vice President
1040 East Main Street
Louisville, Kentucky 40206
Existing Uses: Residence, Historic Preservation Easement and
Agriculture
Proposed Use:
Historic Preservation Easement, Office Campus. Single
and Multi-family Residential
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Staff Case Manager:
Christopher French, Planner I1
Notice of this public hearing appeared in The Courier Journal on May 16, 2002, a
notice was posted on the property, and not~ces were sent by first class mail to those
adjoining property owners whose names were'supplied by the applicants.
The staff report prepared for this case was incorporated into the record. The
Commissioners received this report in advance of the hearing, and this report was
available to any interested party prior to the public hearing. (Staff report is part of
the case file maintained in Planning and Development Services offices. 900 Fiscal
Court Building.)
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JUNE 3,2002
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NEW BUSINESS:
Public Hearing and Consideration of Cases
Docket No. 9-15-02
The following spoke i n favor of this request:
Rick Northern, Wyatt, Tarrant & Combs, 500 West Jefferson Street, Louisville,
Kentucky 40202, who submitted a Noise Impact Study and 4 additional binding
elements written up by Norm Graham.
John Osborn, Jr., 815 Circle Hill Road, Louisville, Kentucky 40207.
Kipp Shrack, LDR International, 9175 Guilford Road, Suite 100, Columbia Maryland
21046.
Craig Watson, LDR International, 9175 Gilford Road, Suite 100, Columbia Maryland
21046.
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Tom Stockton, 624 W. Main Street, Louisville, Kentucky 40202, who submitted and
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Air Quality Study and fund scheduling information.
Marshall Elizer, Gresham, Smith & Partners, 9221 Chickasaw Ct., Brentwood,
Tennessee 37027.
Jon Henney, Gresham, Smith & Partners, 239 S. 5'h Street, Suite 1200. Louisville,
Kentucky 40202, who submitted a booklet with various pictures and exhibits.
Bill Seiller, 462 S. 4" Street, Louisville. Kentucky 40202.
Neil Kuvin, 1010 Oxmoor Woods Parkway, Louisville, Kentucky 40222.
Mark Trier, 1001 Oxmoor Woods Parkway, Louisville, Kentucky 40222.
The following spoke i n oppositian:
Kyle Hubbard, 3850 National City Tower, Louisville, Kentucky 40202, who
submitted an outline of his presentation and 8112 XI 0 colored photos.
David Lee, 800 Starks Building, Louisville,~Kentucky 40202.
Martin Brown, 137 W. Muhammad Ali, Louisville, Kentucky 40202.
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-1 5-02
Ted Stirgwolt. 201 S. Lyndon Lane. Louisville. Kentucky 40222.
Jeffrey Stitt, 304 S. Lyndon Lane, Louisville, Kentucky 40222.
Lois Wagner, 310 S. Lyndon Lane, Louisville, Kentucky 40222, who submitted a
petition with 21 1 signatures of residents opposed to an extension of South Lyndon
Lane, her summary of testimony, a letter to Chairman Crawford from Wm. P.
Snyder, a letter from Joy Eberenz, a letter from Barb Moore, a letter from Rick Shaw,
a letter from Glenn Knight.
Bud Hixson. 1336 Hepburn Avenue #4, Louisville, Kentucky 40205. who submitted
a letter to the Louisville and Jefferson County Planning Commission.
Joy Eberenz, 502 Croydon Court, Louisville, Kentucky 40222.
Jim Baker, 119 Lyndon Lane. Louisville, Kentucky 40222.
Leslie Willis, 308 S. Lyndon Lane, Louisville, Kentucky 40222.
Interested Parties:
Winnie Hepler, 11 7 Fairfax, Louisville, Kentucky 40207, who submitted her
summary of testimony, a letter to Mayor David Armstrong, an article titled "Air
pollution raises cancer risk, EPA says", a map from MSD and various charts and
copied advertisements.
Kate Cunningham, 8606 Whipps Bend, Louisville. Kentucky 40222.
Furman Wallace, 904 Colonel Anderson Pkwy., Louisville, Kentucky 40222.
David Harmon-Vaught, 8512 Cheffield Drive. Louisville, Kentucky 40222.
Fran Filippo, 8601 Cheffield, Louisville, Kentucky 40222.
Janet McCabe, 8513 Cheffield Drive, Lauisville, Kentucky 40222.
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearina and Consideration of Cases
Docket No. 9-15-02
SUMMARY OF TESTIMONY OF PROPONENTS: (See transcript for text in full.)
The applicant's attorney, Richard Northern, provided a brief recent history of the
property. The property is owned by PNC Bank, N.A., and Stock Yards Bank and
Trust Company, as Trustees of various Bullitt Family Trusts. After the death of
Thomas Bullitt in 1991, the family and its advisors decided to engage a landscape
design firm rather than a developer to prepare a strategic plan for the Farm. LDR
International was chosen and in 1994, it prepared its first land use plan for the Farm,
but LDR concluded that development of the Farm could not proceed until plans for
Bunsen Parkway had progressed. The Planning Commission, during approval of the
Kohl's plan in 1995, as part of Docket No. 9-81-85, required the Trusts to work with
state and local governments to pursue funding for Bunsen Parkway, which has been
done. Bunsen was added to the KlPDA Horizon 2020 Regional Mobility Plan in
1996. Bunsen was added to the Kentucky Transportation Cabinet's Six-Year
Highway Plan in 2000. The Trusts agreed to contribute all of the right-of-way for
Bunsen and have spent several hundred thousand dollars on preliminary
engineering work. At the recommendation of Governor Patton, the Trusts, upon the
rezoning and funding for the road, will contribute 40 acres of land to the state and
the Greater Louisville Government for use as a campus headquarters for a major
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company. After Bunsen was put on the Six-Year Plan, LDR was retained to prepare
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a new plan, working with officials of many jurisdictions and neighbors. A number of
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changes have been made, most importantly, Christian Way was moved to the
interior of the development. In addition. Parcel 146 was dropped from the
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development and height restrictions on Parcel 14A were adopted at the request of
Regency Woods Homeowners Association. The Trusts met extensively with
Oxmoor Woods Homeowners Association and.were able to reach a written
agreement on a number of key issues regarding the development. Mr. Northern
explained that the purpose to rezone the property now is because the two Trusts will
terminate upon the death of 4 beneficiaries, and the Trusts and their beneficiaries
wish to create a blueprint for the Farm's development, ensuring that substantial open
space, aesthetic and other high standards are maintained for the development of the
Farm and that the Bullitt Family controls the destiny of land they have owned for
more than 200 years, rather than turn control over to a developer. The Trusts have
agreed to a number of significant restrictions, including a CORSIM analysis before
any construction, and that no construction until Bunsen Parkway is there to serve
that particular parcel, and for some of the property, that there be no construction
until Shelbyville Road is widened.
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
John Osborn gave a thorough history of the Bullitt Family and their ownership and
management of the Oxmoor Farm property. A copy of Mr. Osborn's comments is
included in the Planning Commission file. -0xmoor Farm was established in 1791 by
Alexander Scott Bullitt. Kentuckv's first Lieutenant Governor. The ~roaertv has
enormous historical significance. Provisions for preserving this historical I'andmark
have been established by creation of the 79-acre Preservation Easement, which will
ultimately be occupied by the Filson Historical Society. The Filson Historical Society
will receive 1/6 of the income from existing leases and from the undeveloped
portions of Oxmoor Farm until the Trusts terminate, making it important for
development of the Farm to begin soon so that a sufficient endowment will be
generated to maintain the Preservation Easement.
Kipp Shrack, with LDR International, said that he is proud to be a part of the
planning for the development of this land. He explained that the character of the
land has changed considerably over the years and this proposal will create an
exceptional infill development for the area. He said that there are two major
interchanges that will service this property: one at Shelbyville Road and a
connection at Bunsen Parkway. He explained that the connections down Oxmoor
Lane to Bunsen Parkway and Christian Way set the framework for all future
developments. He said that Beargrass Creek will continue through the middle of the
property and that road extensions and interconnected greenways, walking and
bicycle paths will be planned along major roadways. He said they're creating a
"seamless way" to the City of Hurstbourne with interconnected roads and the
continuation of Linn Station Road. He said the heart of the zoning is the corporate
office campus which placement is ideal being near the interstate. There is also a
residential area between the preservation easement and the existing Hurstbourne
residential activity center which, he said will be a nice transition for the working,
shopping and living environment. He said they'll be clustering small office buildings
facing the parkway with walking paths along the edges of the roadway, along
Bunsen Parkway and across the interstate so people on the south side of the
interstate can access the area for cgnvenient shopping and dining. Mr. Shrack
explained other aspects of the plan including commercial and a village market which
might include an indoor pool, athletic club and possibly coffee shops which would
service the recreational needs of the community. He said the single and multi-family
residential areas will have walking and bike paths which will lead to the shopping
area. He said that the multi-family units will be 2 and 3 stories; and the village
market retail which is adjacent to the shopping center is an appropriate transition
into the residential neighborhoods. He said that there is also a planned assisted
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JUNE 3,2002
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
living retirement home similar to Oxmoor Lodge, which will be located along the
edge of the City of Hurstbourne. He said this development will be built in phases
after the road systems are in place to appropriately accommodate the development;
and that this will be included as a binding element. He said that design guidelines
will be refined and will also be protected by binding elements. Their strategic vision
for all of these parts together nicely weave the diverse uses along Shelbyville Road
and other adjacent land uses, which he explained, will be a model for smart growth.
Mr. Shrack said this development will be exemplary where people can live, work and
shop.
Craig Watson, with LDR, said the design guidelines submitted will ensure a level of
quality for the overall development. He said that the design guidelines include
standards for activity centers, a design review board and a design review process as
the various parcels are being developed. He said this includes street standards and
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streetscape enhancements that have been defined for all of the roadways within
Oxmoor Farm. There are also guidelines which include language relating to
setbacks, street and access points, signage, fencing, walls, focal points, and
landscaping. He said that that Bunsen Parkway and Christian Way will connect with
Shelbyville Road and are the two major roadways or parkways. He said the
streetscape hierarchy will have a series of different interrelationships depending on
the type of parcel and land use it relates to. He explained that commercial parcels
will have a level of pedestrian focus within the exterior building areas with sidewalks
and related setbacks to the roadway and to the uses within the parcels themselves.
He said that Bunsen Parkway will be improved with landscaped medians including
shrubs and shady trees. He said parking lots will be nicely landscaped and buffered
appropriately. Public space features will also be incorporated within the overall
development in various land use areas which will relate to pedestrian access, plazas
as well as focal point amenities. He said the preservation easement as well as the
center open space is the highlight of the overall plan. It will be linked from the 79
acre portion including the historic cabin and cemetery which will remain. He said
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trees will be replanted on the entire preservation easement over time. He said that
recreation is also going to be a key component and that not only are they going to
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have pedestrian linkage and connectivity within the development but are also going
to have the ability of doing it in a more informal fashion with pedestrian trails and
nature areas throughout.
Tom Stockton summarized the transportation issues. The 1968 Comprehensive
Transportation and Development Plan included a roadway corridor north of 1-64 from
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
Hurstbourne to Shelbyville Road. In 1978, the plan was amended to cross 1-264. In
1993, the rezoning for City Place required the reservation of right-of-way for Bunsen
Parkway. In 1995, the Planning Commission approved a plan for Kohl's Department
Store which required the owners to expedite the completion of Bunsen Parkway. In
2000, Bunsen Parkway was included in the state's Six-Year Plan. The 2002 Six-
Year Plan, just approved, also includes Bunsen Parkway. Mr. Stockton stated this is
the best plan he has seen, having been personally involved with transportation
planning for the Farm and surrounding area, starting as a County transportation
official in 1968. Mr. Stockton noted that a major air quality study was performed,
which study results indicated no exceedances of the National Ambient Air Quality
Standards of 9 parts per million of carbon monoxide. With respect to alternative
transportation, the applicant met with TARC officials to start planning for bus service,
and Bunsen Parkway will have an additional three feet of pavement for bicycles. Mr.
Stockton stressed the importance of Bunsen Parkway as a major transportation
facility. The Bunsen Corridor is all that is available to construct a road that will divert
traffic from Shelbyville Road and 1-64 and will reduce cut-through traffic in
Hurstbourne.
Marshall Elizer described the traffic and air quality study. The study analyzed 18 key
intersections in a 10-square-mile area for the morning and afternoon peak weekday
conditions. The study also analyzed 11 key intersections in the Air Quality Study.
The analysis was based on a worst case scenario that included 10-year build-out of
the Farm as opposed to a more realistic 20-25 year period, annual growth and
background traffic over 10 years, although most all of the remaining developable
land in the area is the Farm, the study added traffic from 5 approved, but as yet
unbuilt, developments, and no traffic was rerouted to alternative routes due to traffic
congestion. To mitigate the impact of the added traffic, the study recommends a
number of roadway improvements, including the extension of Bunsen Parkway from
an existing terminus west of Hurstbourne across 1-64 and 1-264 to Bowling, the
addition of the Westport 1-264 Interchange, a number of turn lane improvements at 6
of the 18 intersections, and re-timing of several traffic signals.
Jonathan D. Henney, a landscape architect and planner with the firm of Gresham,
Smith and Partners, summarized how the development proposal would address
water quality and storm water management issues raised in the staff report. Mr.
Henney stated that the applicant was imp-osing water quality protections and storm
water management strategies to both the general development plan as well as
subsequent detailed development plans.
PLANNING COMMISSION MINUTES
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NEW BUSINESS:
Public Hearina and Consideration of Cases
Docket No. 9-15-02
Mr. Henney noted that as part of the general development plan requirements, the
development will exceed Metropolitan Sewer District requirements for storm water
discharge because the applicant has agreed to a requirement that post-development
discharge would be 25% less than pre-development volumes on-site. The general
development plan also provides for a variable width buffer of at least 200' in width
along Hurstbourne Creek to provide temporary storm water storage and a vegetative
"filter" to help capture water borne pollutants before they enter the stream channel.
Mr. Henney also stated that the general plan and the associated design guidelines
establish a greenway adjacent to the creek connecting all development parcels.
Mr. Henney stated that measures to protect water quality and promote appropriate
storm water management at the detailed plan stages has been provided through
several design guidelines that have become part of the binding elements. Mr.
Henney explained that each development parcel is committed to applying measures
that will reduce impervious surface area and employ other Low Impact Development
storm water management strategies to reduce the amount and quality of storm water
leaving each site and entering the stream channel. Mr. Henney also noted that for
each development parcel where karst features are found, a geotechnical study
would be required prior to a detailed district development plan submittal.
Bill Seiller, Atty., said he is representing Regency Woods and that the applicant has
worked very closely with them and has satisfied all of their concerns. He said they
are supporting this development.
Neil Kuvin, said that the residents of Oxmoor Woods have asked him to speak on
their behalf. He said that an agreement was signed with the applicant and that they
are not opposed to this development. He said-there are about 150 homeowners in
Oxmoor Woods that are immediately adjacent to this development. He explained
that during the last 6-7 months they have had several very amicable meetings with
the trustees and have reached an agreement. He said there were still issues
regarding traffic, water and air quality but that these issues were out of the
developers hands. He said they have concerns with traffic, water and air quality and
said that he would like to hear from the appropriate agencies regarding these
matters.
Mark Trier, said like the Bullitt family, he too has a long history in this area and is
concerned with how this land becomes developed. He said he would like sound
barriers around 1-64 where the overpass goes over Linn Station Road. He said they
would like all the traffic issues resolved based on the analysis that was discussed.
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NEW BUSINESS:
Public Hearincl and Consideration of Cases
Docket No. 9-1 5-02
He said the multi-family units should open up onto Christian Way; not Linn Station
Road. He said that they need to resolve some type of disconnected Lyndon Lane
that works with Christian Way. He had suggested a green space corridor and that
this might mitigate that problem.
SUMMARY OF TESTIMONY OF OPPONENTS: (See transcript for text i n full.)
Kyle Hubbard, Attorney, said he represents several residents who live on South
Lyndon Lane. He said the residents are not opposed to the development of this
property or the zoning classifications requested; but they are concerned about safety
issues with the direct connection through South Lyndon Lane from South
Hurstbourne Parkway. He said that they feel it will be unsafe for their children and
others because of the increased traffic that will generate from this connection. He
said that there are no sidewalks in front of their homes for people to walk or jog on.
He said that nobody has worked with these 150 property owners who live east of this
development. He said this will violate several transportation policies such as: 7.1,
7.2. 7.6 7.17, 8.2 and 8.9. He requested that binding elements be included before
approval and that there be no direct access from Christian Way to S. Lyndon Lane;
and no construction traffic on S. Lyndon Lane to the development. Commissioner
Herron asked if the residents wanted roundabouts which he said would encourage
drivers to slow down. Mr. Hubbard said that the residents want no direct access
from Linn Station Road.
David Lee said he is a traffic engineer, and that a significant amount of traffic will use
this site from Herr Lane. He said that he doesn't feel this area will be able to handle
the increased volume of traffic. He said the road should stop at Oxmoor Parkway
and not have a direct connection. Mr. Lee said he reviewed the applicant's traffic
study and said he was surprised to see that they said no traffic from this project will
use South Lyndon Lane. Commissioner Herron asked if he felt it was a viable option
to prohibit direct access from Lyndon Lane and Linn Station Road. Mr. Lee said
roundabouts would effect speeds and numbers of vehicles traveling this way only
marginally.
Martin Brown said he was very impressed by the applicant's presentation, but if
there is a 10% increase in traffic, it will decrease the value of their homes. He said
that South Lyndon Lane is a stabilized neighborhood and the people are familiar with
the traffic patterns. He said that like water, traffic seeks. He said that this will create
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JUNE 3,2002
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
more noise and light pollution and that this proposal might prevent people from
exiting their driveways. Mr. Brown said that buyers will become aware of the
increased traffic and property values will decrease.
Ted Stirgwolt, said he has lived on South Lyndon Lane for 12 years. He said he is
also concerned about the increased traffic and because South Lyndon Lane is a
small curvy lane with no sidewalks. He said that walkers and bicyclers are active in
the morning and evening. He said the busses from the elementary school get
backed up around 3:00 p.m. and that people use this road to avoid Hurstbourne
Lane. He said the Christmas shopping season makes traffic worse and that this will
put a big burden on the homeowners. He said the construction traffic will be
unbearable and that they should just leave it where it terminates now.
Jeffrey Stitt said his main concern is safety. He said his son will be 7 in 5 years and
will be riding his bike on the street. He said if sidewalks are installed it will destroy
major portions of the greenery. He said backing out of driveways would be hard. He
said they don't feel they are protected by the binding elements proposed and that
the decision made by the commissioners is their only line of defense.
Lois Wagner said she has been a resident of this area for 10-1 1 years. She said
she collected a petition with 21 5 signatures in less than 48 hours of residents
opposed to the connection through Lyndon Lane. She said she is a realtor and said
that people won't want to buy homes on a busy street. Commissioner Thieneman
asked if this issue had been dealt with before. Mr. Hubbard said that they just
recently found out about this connection.
Bud Hixson, Friends of Beargrass Creek, said that millions of gallons of untreated
sewage are dumped into Beargrass Creek per year. He said he wants the Planning
Commission to raise the level of expertise in their review of the regional sewer
problems. He questioned whether the people of Lyndon will have to install backflow
preventers in their basements to prevent sewage overflow. He also questioned if
pump station overflows of raw sewage would be more frequent because of this
development. He said these questions need to be addressed and that the applicant
has not provided solutions regarding this problem. He said he and others are
concerned about hospital discharges in sewer overflows in the sewer line that runs
through Dupont Square where the new addition of Jewish Hospital is being built. He
said he would like the applicant to identify the pollutants that the public should be
concerned with and also report how Best Management Practices would deal with
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
these pollutants. He said he would also like to see calculations on how the ground
water quality will be affected. He said he would like deicing salts prohibited and be
included as a binding element. He said he would also like a greenway connection
called Beargrass Creek Pioneer Trail which would provide a way to reduce the
amount of automobile traffic into the new development. He said that Friends of
Beargrass Creek would like to work with the city of St. Matthews on incorporating
ways of connecting some of the wildlife corridors.
Joy Eberenz said her husband built their home 25 years ago and they chose this
area because they liked it. She said they are blocked in by commercial on 3 sides
now. She said she just found out about this connection 2 days ago. She said any
additional traffic on South Lyndon Lane would be terrible because it is a single lane
in and out. She said you can't park a car in front of your house and you can't get
around the garbage men. She said she is highly opposed to this connection.
Jim Baker said he concurs with Mr. Hubbard. He said that there are 38 houses
who's residents travel Colonel Anderson Parkway. He said he can't get out of his
driveway between 4 and 5:00 p.m. He said he is the Chief of the Lyndon Fire
Department and is looking out for the residents safety. He said if someone is parked
curbside it is hard to get through.
Leslie Willis said her and her husband recently bought their house and have spent
$50,000.00 remodeling it. She said they looked for a home for a long time and
chose this neighborhood because it is quiet and seemed like a good place to raise
children. She said her and her husband enjoy walking their dog, jogging and bike
riding in their neighborhood. She said she is ~oncerned about the property value of
their home being decreased if this connection is approved. She said it will not be the
same street they know now.
SUMMARY OF TESTIMONY OF INTERESTED PARTIES: (See transcript for text
i n full). -.
Winnie Hepler thanked the Bullitt Trusts for providing vegetative buffers along
Beargrass Creek. She said that CSO's (Combined Sewer Overflows) are a major
water pollution source in Louisville with sprawl and large in fill projects such as
Oxmoor Farms. She said that sewer lines carry more and more sanitary waste,
storm sewer water and overflows down stream in Middle Fork, Cherokee Park and
other places into the Ohio River. She said that MSD ignores water quality issues
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
and that the Planning Commission should add a water quality staff person to
address these issues. She said the Commission should defer this project until the
CSO surface water problem is looked at. She said that if Oxmoor Farm is developed
that they need a mass transit plan to transport people to jobs and shopping instead
of trying to build new and expensive roads and freeways. She said the impact on
water and air are unacceptable as proposed.
Kate Cunningham said that the development of Oxmoor Farms needs truly
innovative ideas like Norton Commons. She said that affordable housing needs to
be included in this development to accommodate healthcare, retail, office and hotel
workers. She said Louisville needs mixed income neighborhoods and that homes
that were built her 45 years ago are now selling for $250,000.00. She said that
people who will work here won't be able to afford living here.
Furman Wallace said the traffic is horrible in the area where he lives but that he
wants to address the sink hole problem. He said he is a retired civil engineer who
was employed by MSD. He said that lots 10 and 11 are not the only lots with sink
holes and that a geotechnical study should be done. He said CSO's (Combined
Sewer Overflows) are bad and that SSO's (Separate Sewer Overflows) are even
worse.
David Harmon-Vaught said that increased density will be adjacent to Sheffield Drive.
He said there is a bottleneck of traffic at 1-64 and N. Hurstbourne Parkway. He said
Sheffield is a narrow street and traffic will pass through here to avoid traffic. He said
to imagine all the traffic from people residing in 1200 apartment units traveling
through here. He said a binding element should be added to make Shemeld Drive a
cul-de-sac or terminus. He said he also would like to see Linn Station Road be
developed to maintain the existing visual continuity; that sound buffers be included
between Bunsen and the single family residences and between 1-64 and Bunsen
junction.
Fran Filippo said she lives on Sheffield Drive and moved in this area 19 years ago.
She said they chose this area because it was a quiet residential street. She said
there are 20 homes on the street with many small children including her 7 year old
granddaughter. She said 1200 plus homes in their backyard is bad enough and
asked that they keep Sheffield a dead end-or cul-de-sac.
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
Janette McCabe also lives on Sheffield Drive and said she is very concerned about
the traffic on Sheffield with the addition of 1200 units proposed at the terminus of
Sheffield. They want the area kept green maintaining the ambiance like Oxmoor
Farms has done and would like this included as a binding element.
A transcript of the public hearing i s on file in this docket.
In a business session subsequent to the public hearing on this request, the
Commission took the following action.
On a motion by Commissioner Cash, the following resolution was unanimously
adopted:
WHEREAS, The Commission finds that based upon testimony and evidence
submitted during the public hearing, Land Development and Transportation
Committee review, the staff report and the file of the case, that the proposal
comolies with Policv 1 .B.11 (Carnous) because the olan emplovs campus desian
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characteristics on aproposai consistihg of a corporate offici cdmp~ex as the laYgest
component of the plan with residential areas of different housing types, styles, and
densities, plus supporting retail development dispersed throughout to serve the
various areas of the Campus and others coming to and through the Campus, all
surrounding the Bullitt Preservation Easement, a 79-acre green space in the center
of the development; the plan is to be developed in accordance with the Oxmoor
Farm Design Guidelines which specify campus features dealing with such issues as
access management (shared entrances and inter-connectivity), streetscape
elements such as street trees, benches, focal points and unified signage, and the
olan accommodates oedestrian traffic bv Drovidina a network consistina of sidewalks
&rough parking lots donnecting the variois land uses to each other directly so that
pedestrians do not have to return to the roadway sidewalks, all pursuant to a
circulation plan required by the Oxmoor Farm Design Guidelines; and
WHEREAS, the Planning Commission finds the proposal complies with Policies 7.1,
7.2, 7.3, 7.4, 7.10 and 7.13 because the plan provides for the construction of Bunsen
Parkway, a major transportation route connecting St. Matthews and the Shelbyville
RoadlOxmoor Mall area with Hurstbourne Lane and Taylorsville Road, without this
traffic requiring the use of Shelbyville Road or Hurstbourne Lane; Bunsen Parkway
is a planned minor arterlal on Core Graphic 10 of the Cornerstone 2020
Comprehensive Plan; the applicant has worked to have Bunsen Parkway placed on
the State's Six-Year Highway Plan; the applicant agreed to convey the required
right-of-way for Bunsen Parkway; the applicant has also agreed to convey additional
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NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
right-of-way for the construction of the new Stony Brook extension from Bunsen
Parkway to Taylorsville Road; the applicant prepared and submitted an extensive
Traffic Impact and Air Quality Analysis which analyzed 18 key intersections in a 10-
mile square area; this analysis essentially constructed a worst case scenario by
including a 10-year buildout of the Farm as opposed to a more realistic 20-25-year
buildout period, by adding annual growth and background traffic over 10 years even
though almost all of the developable land in the area is Oxmoor Farm, by adding
traffic from 5 approved but unbuilt developments in a 2-mile radius, by allowing no
traffic to be rerouted to alternative routes due to traffic congestion, and by the
applicant receiving only minimal credit for impact of the Westportll-264 Interchange;
in addition, the applicant has agreed to numerous intersection improvements on
Shelbyville Road or in lieu thereof to contribute the cost of such improvements to the
widening of Shelbyville Road; the applicant submitted a binding element requiring
that a CORSIM Analysis be completed and submitted to the City of Louisville and
the Transportation Cabinet prior to the submittal of any Detailed District
Development Plans; the applicant submitted a binding element phasing the
construction of improvements on Oxmoor Farm to the completion of various sections
of Bunsen Parkway; a binding element deferring the development of Phase 3 of the
Farm until Shelbyville Road is widened; a binding element moving up the
intersection improvement at Oxmoor Lane and Star Ford to Phase 2; the Traffic and
Air Quality Analysis has been reviewed by the Kentucky Transportation Cabinet, the
City of Louisville Department of Public Works and the Air Pollution Control District;
the new plan relocates Christian Way to the center of the development; all existing
stub streets in HurstbournelOxmoor Woods connect to the proposed extension of
Linn Station Road; the cross-section for Bunsen Parkway and Christian Way
complies with the current proposed draft of the new Cornerstone 2020 Zoning
District Regulations; and based on all of the foregoing the Commission finds that
sufficient roadway improvements and governmental controls are in place to ensure a
traffic management plan that is workable; and
WHEREAS, the Commission finds that the proposal complies with Policies 2.1, 2.2,
2.5, 2.7, 2.1 1 and 2.13 because the plan contains a number of activity centers
dispersed throughout the plan properly located at street intersections serving the
office campus and residential areas and other users; these centers are required by
binding elements to be designed and developed in accordance with the Oxmoor
Farm Design Guidelines which require, among other things, that connections be
provided between and among different land uses, that a streetscape master plan be
submitted prior to submittal of any detailed district development plans which
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
addresses such issues as road intersection design that promotes safe pedestrian
movement, focal point design elements such as plantings, benches and focal points
that visually link individual buildings and lead pedestrians to the main entrances of
buildings, and unified signage; and
WHEREAS, the Commission finds that the proposal complies with Policies 3.1. 3.2,
3.4, 3.7, 3.8, 3.9, 3.11, 3.21, 3.23, 3.24, 3.25, and 3.28 because the plan establishes
land uses and provides transportation facilities that are compatible with nearby land
uses; the plan provides appropriate transitions by locating single-family homes of
similar size, style and restriction with adjoining residential areas in Oxmoor Woods,
and adjoining these are town home or condominium residences with multifamily
adjoining them, with the office campus and retail areas further away; the plan
includes a minimum 30-foot landscape buffer adjoining all existing residential uses;
the roadway network integrates with the City of Hurstbourne by providing only local
street connections in Oxmoor Farm to existing local streets in Hurstbourne; the
applicant moved Bunsen Parkway away from existing residential areas; the applicant
has agreed to a binding element requiring that the development conform to the
Oxmoor Farm Design Guidelines which deal with issues including access
management, sidewalk/multi-use trails, transit (public transportation), parking,
pavement, loading and service areas, fencing, utilities, streetscape, signage,
landscaping, focal poinWamenity areas, building design and open space; the design
guidelines also require a unified sign plan, a streetscape master plan and other
elements intended to tie the development together visually and functionally; and
WHEREAS, the Commission finds that the proposal complies with Policies 4.1, 4.2
and 4.3 because the plan includes a substantial amount of open space area; in
addition to the 79-acre Bullitt Preservation Easement there are 26.8 acres of
dedicated open space tracts plus additional open space areas within developable
tracts; the focal point of the development is the Bullitt Preservation Easement and
the design is intended to maximize this resource visually; the applicant has agreed
to a set-back along Beargrass Creek of 50' on one side and 100' on the other side,
and has agreed to develop a greenway trail plan; and
WHEREAS, the Commission finds that the proposal complies with Policies 11 .I,
11.4 and 11.7 because the plan leaves Beargrass Creek in its natural condition and
undisturbed except at necessary crossing Jocations; MSD has reviewed and
approved the plan which requires that detention areas be provided to handle
additional run-off from the development at the existing run-off rate plus twenty-five
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-1 5-02
percent (25%); MSD also requires and approves a sediment control plan which must
be in place during construction phases; binding elements are included requiring that
prior to approval of each Detailed District Development Plan that the applicant shall
demonstrate how they have minimized impervious surfaces, that provide
landscaping within stream setbacks that shade the creek and lessen the visual
impact of development on the creek, that demonstrate provisions for Low Impact
Development storm water management to reduce runoff and contaminants and
provide for ground-water recharge, and that require a geotechnical study addressing
sinkholes on the site; and
WHEREAS, the Commission finds the proposal complies with Policies 9.1, 9.2, 9.3
and 9.5 because the cross-section of Bunsen Parkway includes an outer lane 15-
foot pavement width to accommodate a bike lane; the Oxmoor Farm Design
Guidelines require pedestrian connections between all land uses including direct
pedestrian connections from the residential and office uses to the Village Market and
Marketplace retail areas; and further provide that sidewalks and multi-use trails be
provided in accordance with a circulation plan, and a greenway trail system is
accommodated along Beargrass Creek; pedestrian connections are provided to the
adjoining neighborhood in the City of Hurstbourne; all major roadways have 5-foot
sidewalks; a Streetscape Master Plan is required prior to filing any Detailed District
Development Plans, which plan shall address among other things street tree
i
plantings, sidewalk locations, public benches, transit stops and road intersections
that promote safe pedestrian movement; and
WHEREAS, the Commission finds that based upon the testimony and evidence
submitted during the Public Hearing, Land Development and Transportation
Committee review, the Staff Report and the file of this case, that the proposal
complies with Policy l.B.10 (Suburban Workplace) because the sole portion of the
Development Plan which lies in unincorporated Jefferson County is an office use
located in the Suburban Workplace Form District; and
WHEREAS, The Commission finds that the proposal has received preliminary
approval from the City of Louisville, Department of Inspections, Permits and
Licenses and the Metropolitan Sewer District in; and
WHEREAS, The Commission finds the proposal to be in conformance with all other
applicable guidelines of the Comprehensive Plan; now, therefore, be it
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
RESOLVED, that the Louisville and Jefferson County Planning Commission does
hereby RECOMMEND to the Board of Aldermen of the City of Louisville that the
change in zoning from R-4 Sinqle Family Residential t o R-6 Multi-Family
Residential. OR-3 OficelResidential and C-I Commercial.
RESOLVED, That the Louisville and Jefferson County Planning Commission does
hereby APPROVE the district development plan SUBJECT to the following binding
elements:
1. The Development approved as a General District Development Plan shall be
developed in accordance with such Plan and binding elements contained
herein unless amended pursuant to the Zoning District Regulations. Any
changes/additionslalterations of any binding element(s) shall be submitted to
the Planning Commission for review and approval; any
changes/additions/alterations not so referred shall not be valid. Each
applicant seeking approval of a detailed district development plan for each
parcel in the Development shall be responsible for up-dating the General
District Development Plan as to those matters where the applicant's approved
plan deviates from the General District Development Plan.
2. The development under Docket No. 9-15-02 shall not exceed:
a) Office 947,600 square feet of gross floor area
b) Specialty Retail 52,000 square feet of gross Roor area
C) Shopping Center w1Restaurant 436,000 square feet of gross floor area
d) Hotel wlconference Center 400 rooms
e) Assisted Living Facility 273 Units
.
f) Single-Family Residential 44 lots
g) Condominiums/Town Houses 110 Units
h) Apartments 1,294 Units
3. Each applicant for development of a parcel shall be required to provide the
information needed to notify first tier property owners to the perimeter of the
entire Development, plus those who spoke in opposition to the Development
at the public hearing, at least seven (7) days prior to the Land Development
and Transportation Committee meeting review of any detailed district
development plan for each parcel in the Development. This list of names and
addresses shall be submitted by the applicant at the time of filing for any Land
Development and Transportation Committee meeting review. Staff of the
PLANNING COMMISSION MINUTES
JUNE 3, 2002
I
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
Planning Commission shall be responsible for ensuring that these notices are
mailed in accordance with this binding element.
4. Prior to the recording of the record plat, copies of the recorded documents
listed below shall be filed with the Plannina Commission.
a)
Articles of Incorporation, Articles o<0rganization or other appropriate
origination documents filed with appropriate governmental authorities
. . .
for-the entity responsible for common areas maintenance, repair and
upkeep.
b)
A deed of restriction in a form approved by Counsel to the Planning
Commission addressing responsibilities for the maintenance of
common areas and open space and other issues required by these
binding elements I conditions of approval.
I
5. A Streetscape Master Plan shall be submitted to Planning Commission staff
for review and approval prior to filing of any Detailed District Development
Plan. The Streetscape Master Plan shall include, but not be limited to street
tree planting locations/sidewalk and multi-purpose trail typical cross section
designllocation of street lights, public benches, TARC stop, and trash
receptacles. The applicant shall work with TARC on the location of transit
stops within the development. The applicant shall provide the location and
design of proposed transit stops on the Streetscape Master Plan. The
Streetscape Master Plan shall include the design of road intersections that
promote safe pedestrian movement.
6. Outdoor lighting shall be directed down.and away from surrounding
residential properties. Lighting fixtures shall have a 90-degree cutoff. Light
levels due to lighting on the Development shall not exceed 0.5 foot candles
measured at the property line adjacent to residential properties all other
property lines shall not exceed 1.0 foot candles measured at the property line,
except for lots designed to share parking. Each applicant for such parcel in
the Development shall obtain certification by a qualified expert in
measurement of lighting levels prior to requesting a certificate of occupancy.
Such certification shall be maintained on site at all times thereafter.
7. The number and general location of curb cuts for all parcels shall conform to
the General District Development Plan. Crossover access easements shall
be granted for shared access between parcels where shown on the General
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearincl and Consideration of Cases
Docket No. 9-15-02
District Development Plan. Pedestrian and Bicycle parking facilities shall be
provided in accordance with the Planning Commission Policies and the
Louisville and Jefferson County Development Code in effect at the time of
detailed district development plan submittal. Parking shall be designed to
provide safe pedestrian way to all structures.
8.
An original stamped copy of the approved Tree Preservation Plan shall be
present on site during all clearing, grading, and construction activity and shall
be made available to any DPDS inspector or enforcement officer upon
request.
9. All loading areas shall be screened from adjacent public streets and
residential properties. At time of detailed plan approval the applicant shall
demonstrate to LD&T compliance with the above stated restriction and details
related to screening materials.
10. If a building permit is not issued within five years of the date of approval of the
rezoning or the submittal of the CORSIM analysis, whichever is later, the
property shall not be used in any manner unless a revised district
development plan is approved or an extension is granted by the Planning
Commission.
11. A certificate of occupancy must be received from the appropriate code
enforcement department prior to occupancy of each structure on each parcel
for the proposed use. All binding elements requiring action and approval and
effecting the structures and parcels for.which a certificated of occupancy is
sought must be implemented prior to requesting issuance of a certificate of
occupancy, unless specifically waived by the Planning Commission or stated
specifically otherwise within the binding elements.
12. If work is required within tha.easements causing removal or damage of
landscape materials, the property owner of the affected parcel shall be
responsible for replacement of materials according to the approved landscape
plan.
13. The applicant, developer, or prope-fly owner of each parcel shall provide
copies of these binding elements to tenants, purchasers, contractors,
subcontractors and other parties engaged in development of parcels in the
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearincl and Consideration of Cases
Docket No. 9-15-02
Development and shall advise them of the content of these binding elements.
These binding elements shall run with the land and the owner of each parcel
and occupants of the parcels shall at all times be responsible for compliance
with these binding elements. At all times during development of the parcels in
the Development, the applicant and developer, their heirs, successors, and
assignees, contractors, subcontractors, and other parties engaged in
development of the parcels, shall be responsible for compliance with these
binding elements.
The development shall be in accordance with the approved Preliminary
Subdivision Plan. Further subdivision may take place using the minor
subdivision plat process, except for the Single-Family Residential portion of
the development, which will require an amendment to the preliminary
subdivision plan. At time of minor plat approval a minor plat index for the
development shall be submitted to Planning Commission staff. The minor
plat index shall show the proposed lot and all other lots created by minor plat
as well as the appropriate minor plat docket numbers.
The design of the development and plan submittal requirements (including but
not limited to building design, amenities, water quality controls, street design,
landscape buffer design, focal point design, and signage) shall be in
accordance with the Oxmoor Farm Design Guidelines.
A Corridor Simulation (CORSIM) traffic analysis shall be completed and
submitted to the City of Louisville and the Kentucky Transportation Cabinet to
review for possible improvements prior to submittal of detailed district
development plans to the Planning Commission for any portion of the
development.
The applicant for each detailed district development plan shall demonstrate to
the Planning Commission how they have minimized impervious surface for
the proposed development (this may include; shared parking, pervious
pavement, parking structures, transportation demand management
measures, etc.).
Prior to Detailed District Development Plan submittal for Lots 10 and 11 the
applicantldeveloper shall provide a geotechnical study to address the
sinkholes on these two lots. The applicantldeveloper shall address the
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
measures taken to minimize the impact of development in areas with sink
holes and to minimize the impact on groundwater resources in areas where
sink holes are to be disturbed.
19.
No outdoor advertising signs, small freestanding signs, pennants, balloons, or
banners shall be permitted on the site.
20. There shall be no outdoor storage, display or sales permitted on the site.
21. Construction fencing shall be erected when off-site trees or tree canopy exists
within 3' of a common property line. Fencing shall be in place prior to any
grading or construction to protect the existing root systems from compaction.
The fencing shall enclose the entire area beneath the tree canopy and shall
remain in place until all construction is completed. No parking, material
storage or construction activities are permitted within the protected area.
22. A Tree Preservation Plan (TPP) shall be approved by Planning Commission
staff prior to transmittal to the office responsible for permit issuance. No
clearing and/or grading activities may take place until a Tree Preservation
Plan has been approved. The Tree Preservation Plan shall identify and
submit for approval by designated DPDS staff, a plan showing the location of
Tree Preservation Areas on site (exclusive of areas dedicated as public right- ~~-~
of-way) prior to beginning any construction procedure (i.e.. clearing, grading,
demolition). All construction shall be conducted in accordance with the
approved ~ r e e Preservation Plan. A partial plan may be submitted to
delineate clearing necessary for preliminary site investigation. All Tree
Preservation Plans must be prepared in accordance with the standards set
forth by DPDS.
23. Before any permit (including but not limited to building, parking lot, change of
use or alteration permit) is requested:
a. The development plan must receive full construction approval from
the City of Louisville Department of Inspections, Permits and Licenses
(617 W. Jefferson Street) and the Metropolitan Sewer District
(700 West Liberty). .
b. Encroachment permits must be obtained from the Kentucky
Department of Transportation, Bureau of Highways.
PLANNING COMMISSION MINUTES
JUNE 3,2002
)
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-15-02
c. The property ownerldeveloper must obtain approval of a detailed plan
for screening (bufferingllandscaping) as described in Article 12 prior to
requesting a building permit. Such plan shall be implemented prior to
occupancy of the site and shall be maintained thereafter.
24. There shall be no outdoor music (live, piped, radio or amplified) or outdoor
entertainment or outdoor PA system audible beyond the property line.
25. No idling of trucks shall take place within 200 feet of residential properties.
No overnight idling of trucks shall be permitted on-site.
26. The owner/developer/applicant shall provide 50-foot setback from top of bank
where no trail is provided and 100-foot setbacks from top of bank where trails
are provided along Hurstbourne Creek and Beargrass Creek, except where
roads cross the creeks. Lot 1 shall only contain a 50-foot setback adjacent to
Beargrass Creek. Lot 15 (Preservation Easement) is exempt from these
setback restrictions. The applicant shall submit a Greenway Trail plan to
Planning Commission staff for review and approval that depicts the location of
access easements for the trails and the exact locations of the 50-foot and
100-foot setbacks prior to the submittal of detailed plans for any lot adjacent
to Hurstbourne Creek andlor Beargrass Creek.
27.
A trail shall be provided on either lots 4A or 7A only if approval is granted
from the Kentucky Heritage Council to allow a trail access easement stub into
Lot 15 (Preservation Easement).
28. All detailed district development plans submitted for Planning Commission
review for lots containing proposed Greenway Trails shall provide the location
and design of trail connections to the street sidewalk network.
29. At time of detailed district development plan review the developer/owner of
lots adjacent to Beagrass Creek and Hurstbourne Creek shall provide
infomlation to the Planning Commission on the landscaping proposed within
required stream setbacks. Landscaping within the stream setback areas shall
be designed to shade the creek(s) and to lesson the visual impact of adjacent
development on the creek(s). The Metropolitan Sewer District must approve
all landscaping within any drainage easements.
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearinq and Consideration of Cases
Docket No. 9-1 5-02
30. Development of Oxmoor Farm shall be conducted in phases as shown on the
General District Development Plan corresponding with development phases
identified in the Traffic Impact and Air Quality Analysis for Oxmoor Farm
Rezoning submitted with the Application. These development phases defer
the development on certain parcels in Oxrnoor Farm until the construction of
portions of Bunsen Parkway (as described in Part 1, I. of the Traffic Analysis),
and until the construction of recommended intersection improvements (as
described in Par! 1, V.F. of the Traffic Analysis). Specifically, the phases are
as follows:
( I ) development in Phase 1 is limited to Parcels 1 and 5, except there may be
surface parking only for use by Oxmoor Center over Parcel 4A; (2) there will
be no construction on the parcels described in Phase 2 (except the
aforementioned parking on Parcel 4A and construction on Parcel 13) until the
bridge over 1-264 and Bunsen Parkway from 1-264 to the southern end of the
preservation easement are funded and under construction and no certificates
of occupancy shall be requested for buildings in Phase 2 until construction of
the Bridge over 1-264 is completed and that portion of Bunsen Parkway is
completed to serve the building or buildings for which the certificates of
occupancy are requested; (3) there will be no construction on Parcel 7 in
Phase 2 until Christian Way is under construction past Lyndon Lane and no
certificates of occupancy shall be requested for buildings in Parcel 7 until
construction of Christian Way past Lyndon Lane is completed; and (4) there
will be no construction on the parcels described in Phase 3 until the bridge
over 1-64 and the remaining section of Bunsen Parkway are funded and under
construction, and no certificates of occupancy shall be requested for buildings
in Phase 3 until construction of the Bridge over 1-64 is completed and that
portion of Bunsen Parkway is completed to serve the building or buildings for
which the certificates of occupancy are requested.
31. The ownerldeveloper of each development site shall demonstrate at time of
detailed district development plan review by the Planning Commission their
provisions for Low Impact Development (LID) stormwater management to
reduce runoff and associated contaminants and to minimize negative impacts
on groundwater recharge areas.
32. The development as shown on the approved General District Development
plan shall be subject to Section 8.1 Plan Certain of the Louisville and
PLANNING COMMISSION MINUTES
JUNE 3, 2002
NEW BUSINESS:
Public Hearing and Consideration of Cases
Docket No. 9-15-02
Jefferson County Development Code, except for Lot 15 (Preservation
Easement).
33. There shall be no single commercial retailer, which exceeds 100,000 square
feet in gross floor area.
34. The ownerldeveloper agrees to investigate the integration of affordable
housing in accordance with relevant Cornerstone 2020 guidelines and
policies for portions of the development prior to detailed plan stage.
Excluding single-family residential and office portions of the development. At
the time of detailed plan revision the applicant shall present findings to the
Land Development and Transportation Committee.
35. The ownerldeveloper shall meet with Friends of Beargrass Creek to discuss
mitiaation of imaacts of CSO's (Combined Sewer Overflows) prior to submittal
, .
of Detailed'District Develo6ment Plans.
36. The ownerldeveloper agrees to meet within 180 days of approval with
residents of south Lyndon Lane, Cheffield Drive and Oxmoor Woods
Residents Association about traffic calming measures and potential closing of
south Lyndon Lane and Cheffield connectors.
37. The intersection improvement for Oxmoor Lane and Star Ford (southbound
exclusive left) detailed in part 1, V.F. of the Traffic Analysis shall be
constructed in Phase 2 rather than Phase 3.
38. Development of Phase 3 of Oxmoor o arm shall also be deferred until
Shelbyville Road is widened from Oxmoor Lane to Lyndon Lane. More
particularly, no building permits for buildings in Phase 3 shall be obtained until
contracts have been let for the widening of Shelbyville Road by at least one
additional land from Oxmoor Lane to Lyndon Lane. The property owner is not
responsible for this improvement or for the cost of this improvement.
However. in lieu of the intersection improvements specified in Part 1. V.F. of
the ~r af f i c Analysis, the property owner may be asked to contribute the cost
that would otherwise be spent on such improvements to the proposed
widening. In addition, in the event the CORSIM analysis required to be
provided under another binding element demonstrates a substantial
PLANNING COMMISSION MINUTES
JUNE 3,2002
NEW BUSINESS:
Public Hearina and Consideration of Cases
Docket No. 9-15-02
improvement in the traffic function on Shelbyville Road above what is
anticipated by the Traffic Analysis, this requirement may be waived.
39.
Prior to issuance of building permits, the developer shall contract with an
archaeologist approved by the Jefferson County Office of Historic
Preservation and Archives or successor agency to perform an archaeological
survey of the site. The Office of Historic Preservation and Archives and the
developer shall agree upon a scope of work prior to the beginning of the
survey.
40. The developer shall conduct photographic recordation of all dwellings and
structures, including barns and ancillary farm structures, to be removed
during the course of development. Photographic documentation shall include
color slides and black and white prints with negatives. The photographs
should include all facades of structures and key interior features, the site,
trees, and historic roadways within the property. One copy of the
documentation shall be deposited in the archives of the Jefferson County
Office of Historic Preservation and Archives.
The vote was as follows:
YES: Commissioners Crawford, Abstain, Howard, Matheny, Ernst, Herron,
Adams, Norton, Thieneman and Cash.
NO: No one.
NOT PRESENT FOR THIS CASE: No one.
ABSTAINING: No one.
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO C-1
(1)
REFER TO DDP
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE ALONG A CURVE TO THE RIGHT WlTH A RADIUS OF
1610.00, WlTH A CHORD BEARING OF S4708'08"E, 766.79, THENCE
S33"21'33"E, 114.95', THENCE S73"47'36'W, 27.29, THENCE ALONG A
CURVE TO THE LEFT WlTH A RADIUS OF 650.00, WlTH A CHORD BEARING
OF N63"40'28"E, 166.39,THENCE N56"19'12"E, 111.13', THENCE ALONG A
CURVE TO THE RIGHT WlTH A RADIUS OF 525.00, WlTH A CHORD
BEARING OF N4010'37"E, 291.94, THENCE N4047'46"W, 583.52, THENCE
S68"30'24"W, 132.35, THENCE N6lo38'22"W, 81.91 ', THENCE S73"57'55'W,
293.45, THENCE N17"41'54'W, 72.02, THENCE N55O12'32"W; 63.79, THENCE
S63"29'03"W, 177.59, THENCE N59"11'12"W, 99.18, THENCE S3lo54'55"E,
97.85, TO THE POINT OF BEGINNING. CONTANING 9.80 ACRES.
LAND DESCRIPTION FOR
\ I
1
ZONING CHANGE
FROM R-4 TO C-I
I
( 44 4B)
REFERTOODP
BEGINNING AT A POINT IN THE WEST RIGHT-OF-WAY LINE OF CHRISTIAN
WAY, THENCE S82"45'29"E, 187.06', THENCE S57"06'15"E, 403.15', THENCE
S33"19'45"E, 865.07, THENCE S74"57'19"W, 67.53, THENCE N86"30'04"W,
105.48', THENCE N77"23'10YV, 65.84', THENCE N88"17'33'W, 174.52',
S74O55'29"W, 156.69' S22"17'15YV, 60.18', S88"14'54"W, 139.98'.
S69"49'35"W, 67.311, N78"40'46"W, 115.41'. S38"27'51"W, 49.1 1', S32"19'17"E,
79.27, S06"1736"E, 54.001, S6lo11'44"W, 72.06', N66"58'23'W, 43.80',
S64"30'21 'W, 1 1 6.62', S4Oo38'1 4"W, 205.26', S7037'47'W, 105.90',
S23"54'10'W, 50.86', N33"21'33"W, 1370.05', S8254'31"E, 60.70',
~86"44' 1b"~, 184.1 6', N76"23'00"E, 1 66.412, N87"02'28"E, 21 5.39',
S82O18'04"E. 434.48', N0701'53"E, 385.92', TO THE POINT OF BEGINNING.
CONTANING 34.71 ACRES
a
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO R-6
(5)
REFER TO DDP
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF CHRISTIAN
WAY, THENCE N82"58'0i"W, 156.01', THENCE 507"01'53'W, 251.46, THENCE
S82"45'29"E, I~~.O~' ,' THENCE ALONG A CURVE TO THE LEFT WlTH A RADIUS
OF 500.00', WlTH A CHORD BEARING OF S57"06'15"E, 403.15, THENCE
S33O1 9'4SnE, 873.82, S79"45'31nE, 300.9SJ, N49"15'47"E, 103.17, THENCE
pJ3316'03'W, 159.54, THENCE N33"19'45W, 1619.69', THENCE ALONG A CURVE
TO THE LEFT WlTH A RADIUS OF 190.32, WlTH A CHORD BEARING OF
s4o015'21"W, 245.08', THENCE S03"30'34"W, 25.94', THENCE ALONG A CURVE
TO THE RIGHT WlTH A RADIUS OF 100.57, WlTH A CHORD BEARING OF
S33"18'17'W, 101.06', TO THE POINT OF BEGINNING. CONTAINING 14.29
ACRES.
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO R-6
(7A, 7B,7C, 8B,9B)
REFER TO DDP
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF CHRISTIAN
WAY, THENCE N82"58'07W, 156.01', THENCE SO7"01'53'W, 251.46', THENCE
S82"45'29E, 187.06','THENCE ALONG A CURVE TO THE LEFT WlTH A RADIUS
OF 500.00', WlTH A CHORD BEARING OF S57"06'15"E, 403.15, THENCE
S33"19'45"E, 865.07, TO THE POINT OF BEGINNING THENCE S33"1g145"E, 8.75',
THENCE S74"57'19W, 67.55, THENCE N86"30'04'W, 105.48', THENCE
N77"23'10"VV, 65.84', THENCE N88"17'34"W, 174.52', THENCE S74"55'29"W,
156.69', THENCE S22"17'1lVW, 60.18', THENCE S88"14'54"W, 139.98', THENCE
S7lo23'21'W, 70.47, THENCE N78"40'46'W, 11 1.72', THENCE S38"28'07W,
49.11'. THENCE S32"19'17"E, 79.27, THENCE S06"1736"E, 54.00', THENCE
S6lo11'44'W, 72.06', THENCE N66"58'23'W, 43.80', THENCE S64"30'21nW,
116.62', THENCE S4Oo38'14"W, 205.26', THENCE S7O03748'W, 105.901, THENCE
S23"54'10"W, 49.88', THENCE S33"19'29E, 1365.80', THENCE S56"09'39"W,
39.01', THENCE S32"11'14"E, 187.62', THENCE N56"49'33"E, 676.63, THENCE
S33"10'28E, 226.21', THENCE ALONG A CURVE TO THE RIGHT WlTH A RADIUS
OF 1250.00'. WlTH A CHORD BEARING OF S25"04'52"E, 351.95', THENCE
S6012'59'W, 128.00', THENCE ALONG A CURVE TO THE RIGHT WlTH A RADIUS
OF 530.00', WlTH A CHORD BEARING OF S8110'49W, 379.24', THENCE
S09"20'4771\/, 770.69', THENCE ALONG A CURVE TO THE RIGHT WlTH A RADIUS
OF 1629.89', WlTH A CHORD BEARING OF S6027'03"E, 1484.57, THENCE
S33"21'32"E, 403.34', THENCE N55"36'15"E, 342.35, THENCE N08"06'33"E,
334.29', THENCE ALONG A CURVE TO THE LEFT WlTH A RADIUS OF 972.41',
WlTH A CHORD BEARING OF N14"48'34'W, 653.95, THENCE ALONG A CURVE
I
TO THE RIGHT WITH A RADIUS OF 1030.0OZ, WITH A CHORD BEARING OF
N28"53'33"W, 201.77, THENCE N23"16'17"W, 333.59', THENCE ALONG A CURVE
TO THE LEFT WlTH A RADIUS OF 1030.00', WlTH A CHORD BEARING OF
N28"13'36W, 177.93', THENCE N33"10'54'W, 1895.86', THENCE N6Oo13'03"E,
115.05', THENCE N1310'43"W, 533.44', THENCE N33"19'44"W, 8.76' TO THE
POINT OF BEGINNING CONTAINING 99.02 ACRES.
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO C-1
(84 8C)
REFERTODDP
,
BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF
1577.00', WITH A CHORD BEARING OF S68"16'22"E, THENCE ALONG A
CURVE TO THE LEFT WlTH A RADIUS OF 1577.00', WlTH A CHORD
BEARING OF S87"02'35"E, 27.52, THENCE N09"20'47E, 770.69', THENCE
ALONG A CURVE TO THE LEFT WlTH A RADIUS OF 530.00', WlTH A CHORD
BEARING OF N8110'49"E, 379.84, THENCE ALONG A CURVE TO THE LEFT
WlTH A RADIUS OF 1250.00'. WITH A CHORD BEARING OF N25"04'52"E,
351.95, THENCE N33"10'28"W, 226.211, THENCE N56"49'33"E, 676.63',
THENCE S32"11'0SW, 206.78', THENCE N5S009'43"E, 912.48, THENCE
ALONG A CURVE TO THE RIGHT WlTH A RADIUS OF 45'. WlTH A CHORD
I
BEARING OF N85"55'13"E, 52.80', TO THE POINT OF BEGINNING.
I
I
CONTANING 19.29 ACRES
I
1
I
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R- 4 TO OR-3
(1 0)
REFERTODDP
BEGINNING AT A POINT IN THE WEST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE ALONG A CURVE TO THE RIGHT WlTH A RADIUS OF
1509.89', WlTH A CHORD BEARING OF S5lo08'53"E, 922.58' THENCE
S33"21'32"E, 739.50', THENCE N67"15'04"W, 1719.17', THENCE N22"46'37"E,
247.01' THENCE N55"17'35"E, 412.49', THENCE N2020'36"E, 73.59', TO THE
POINT OF BEGINNING. CONTANING 17.02 ACRES
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO C-1
(1 1)
REFER TO DDP
BEGINNING AT A POINT IN.THE WEST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE S22"18'50''W, 493.56', THENCE S67"42'51nE, 840.90',
THENCE S73"28'41nE, 100.59', THENCE S67"15'04"E, 46.24', THENCE
N22"46'37"E, 247.01' THENCE N55O17'35" E, 412.49', THENCE N2020'36"E,
73.59', THENCE ALONG A CURVE TO THE LEFT WlTH A RADIUS OF
1509.89', WlTH A CHORD BEARING OF N78"14'24"W, 488.16', THENCE
ALONG A CURVE TO THE RIGHT WlTH A RADIUS OF 1697.001, WlTH A
CHORD BEARING OF N74"59'46"W, 737.30' TO THE POINT OF BEGINNING.
CONTANING 13.51 ACRES
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO OR-3
(12A, 12B, 12C, 13)
REFERTODDP
BEGINNING AT A POINT IN THE WEST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE S22"18'50"W, 493.56'. THENCE N67"42'511'W, 284.001,
THENCE N65O22'33" W, 742.68, THENCE N63"30'04"W, 325.14, THENCE
N62"55'41"W, 1000.05, THENCE N63"30'04"W, 500.00', THENCE
N56"39'28'W, 251.79', THENCE N6100'10"W, 334.84, THENCE N54"28'03"W,
11 6.65', THENCE N4039'24"W, 246.05, THENCE N28"48'53"W, 101.52',
THENCE N32"04'30"W, 413.47, THENCE N56"02'33"E, 1310.31', THENCE
N56"41'19"E, 568.16', THENCE N57"19'46"E, 87.88', THENCE S33"21133"E,
2751.62', THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF
1 6 9 7 . 0 0 ' , ' ~ 1 ~ ~ A CHORD BEARING OF S47"54'15"E, 852.38' TO THE POINT
OF BEGINNING. CONTANING 1 15.56 ACRES
LAND DESCRIPTION FOR
ZONING CHANGE
FROM R-4 TO OR-3
(1 4 4
REFERTODDP
BEGINNING AT A POINT IN THE WEST RIGHT-OF-WAY LINE OF BUNSUN
PARKWAY, THENCE S33"21'32"E, 613.39, THENCE ALONG A CURVE TO
THE LEFT WlTH A RADIUS OF 2262.17, WlTH A CHORD BEARING OF
S49"58'WE, 1294.08, THENCE N55"44'08"E, 835.43, THENCE N65"30'23"W,
368.49', THENCE N57"59'44'W, 151.37, THENCE N67"26'38'W, 549.58,
THENCE N68"11'44"W, 500.09', THENCE N67"15'04W, 632.36', TO THE
POINT OF BEGINNING. CONTANING 22.94 ACRES.