RICHMOND–Last month, the Planning and Zoning Commission advanced an ordinance making private property owners—not home owner associations or management companies—responsible for undeveloped green spaces, including creeks and streams.

The move is a response to increased citywide reports of HOAs defaulting on their responsibilities to maintain common areas in some residential areas, as previously reported.

“We have a lot of very good homeowners associations,” City Attorney Chris Johnson told The Edge in an interview after the last regular P and Z meeting. “But from time to time you’ll have a situation where there are issues with property upkeep for common areas, playgrounds, walking trails, maintenance, and then the management company changes its name or all of a sudden you can’t find those people.” 

The ordinance only applies to future development but residents currently living in subdivisions with green spaces can petition the City to extend their property lines, Planning Director Kevin Causey said. Residents living along the green space would have to unanimously agree to extend their property lines, however.

If even one resident disagrees, “you have tanked the opportunity,” Causey told the Commission.

Residents are able to work out deals amongst themselves to adjust property lines around preservation zones, however, Commissioner Coy Perkins said. 

“[The shape of] the lot might look like an L,” Causey said. 

The sample covenant Causey presented to the Commission also would make private property owners responsible for hazardous tree removal.

Vice Chair James Miller said that homeowners might not want to take responsibility for clearing hazardous trees at their own expense. Commissioner Ken DeGrant replied that property owners are told of the risks in the terms and conditions before they buy a house.

Miller also asked if detention ponds are included in green space. Causey said that currently they are not, but that could be revisited in the future.

P and Z Chair Eugene Estelle said that residents in some subdivisions do not know if there is an existing HOA. Defunct HOAs can be dissolved if 80% of homeowners agree to the measure, according to Causey.

“Ultimately the City’s hands are tied with HOAs,” Causey said. “We don’t govern HOAs, we don’t enforce HOAs, it’s just something the City does not do. Moving forward, if [this ordinance is] adopted, we can at least know we can address the problem of maintenance within these [green space] areas.” 

The Commissioners voted unanimously to advance the ordinance.

The Commissioners also unanimously approved a recommendation to strike a requirement that developers include parks in all R1 and R2 (residential) subdivision developments. This would not impact R-3, multifamily residential, developments.

There was no mention of replacing the parks with bike lanes, which the Commissioners had discussed at their previous meeting.

The move is a reaction to what Causey claimed are "multiple" noise complaints regarding teenagers gathering at the park late at night, as previously reported. Miller justified the move, noting that homeowners typically have their own play sets and so do not utilize playgrounds and parks in their respective developments.

Zone change

The Commission also unanimously voted to recommend the City approve a zone change for 2.87 acres at Highland View Drive and Overland Drive. The request came from developer Ed Worley's Spring House Land, LLC.

If approved by the City Commission, the zone will go from B-3, highway business district, to R-1C, single family residential small lot. P and Z Commissioner Mike Francis was absent.

The proposed housing development will have up to 10 single family residential homes, said attorney Mike Eaves, who represents Spring House.

The initial zone change request was for R1-B, single family residential medium lot, and R-3, multi-family apartments, but the application was withdrawn after it was met with public opposition earlier this year.

“A significant number of neighbors appeared and a statement was made by one of the Commissioners [Jim Newby] that the amount of traffic this multi-family proposal would have introduced into these single [family] neighborhoods, they just thought it was onerous,” Eaves said. 

Eaves also requested the P and Z rescind a land-use restriction preventing Spring House from accessing neighboring streets. 

When Spring House purchased the property in 2016, the P and Z granted the developer a B-3 zone change on the condition that commercial traffic would not be redirected through adjacent neighborhoods, according to Eaves. The developer agreed, thinking there would be access to the Eastern Bypass instead, he said.

The state transportation cabinet subsequently nixed that, Eaves said. So, the developers requested a zone change to build housing instead of a business.

Causey clarified that if the zone change to R1-C was approved by P and Z, the land-use restriction would not apply so no vote was needed to rescind it. 

Miller asked if the development would connect to Cottonwood Drive. Eaves said it would not. Miller also asked if a turnaround could be built so that school buses could make a full turn. Eaves said no because a turnaround would reduce by almost half the number of houses they could build. Eaves proposed the development could be built between two streets instead of there being a dead end.

During public comment on the requested zone change, resident Veronica Homan asked if the developers planned to connect Overland Drive to the property. Eaves said the developers are only requesting a zone change tonight and not proposing any plans.

Neighbor Carolyn Hisle said she was concerned the development would connect to Highland View Drive and increase traffic to the area. The street is narrow and more traffic would impact the safety of the residents living there, she said. Resident Terry Connor opposed the development altogether.

Miller asked if Highland View Drive could be expanded to accommodate more traffic. Causey said it would be possible but there might not be funding to do so. 

“That would go through someone else’s hands at a higher pay grade than mine,” Causey said. 

But precedent exists for requiring developers to pay for road widening, according to Commissioner Coy Perkins, who cited a US Supreme Court case, Village of Euclid v. Ambler Realty Co. 

Causey said that he would not comment on that because Johnson, the city attorney, was not present. These issues would “apply” after the developer submits a preliminary plat, he said.

New builds

The Commission also unanimously approved a preliminary plat to build a Tractor Supply and Taco Bell at a 44-acre subdivision owned by Spring House. A UK Federal Credit Union branch will soon be located there as well, he said. Springhouse Village, a 20-acre "luxury" apartment complex, is located behind the businesses.

Eaves said he was presenting the preliminary plat at Causey's request. "Kevin wanted to see the whole development and how it was all going to connect,” Eaves said. 

The right of way of Springhouse Lane will be widened, and Tractor Supply will oversee construction of a connector road between Revana and Checkerboard drives, leaving about 12 acres at the site undeveloped, according to Eaves.

Carriage Place phase four, the final plat in the Grant family's 200-acre housing development off Berea Road, was also unanimously accepted by the Commission, pending Planning staff review.

The final plat includes 26 residential duplex lots, as well as construction of a second entrance into Carriage Place. A second water line will also be connected, according to engineer Steve Baker of Midwest Engineering, a contractor for the project. The street will connect Carriage Place Drive and Southern Cross Drive, he said.

Director’s report

Causey said that this month, an ordinance will be drafted for detention pond maintenance in subdivisions, separate from the one for privately maintained green spaces. Also expected to come before the P and Z this month will be the question of how to regulate parking near cluster mailboxes in apartment complexes.