The Lexington-Fayette Urban County Government Planning Commission approved the final subdivision plat for Boonsboro Manor and found that several lots may rely on access easements rather than public streets.

Chris Chaney, planning staff, told commissioners the final-record plat creates 15 lots (reduced from a prior 16) and requests a finding under the subdivision regulations to allow sole access to some lots via access easements rather than a public or private street. "Staff does recommend that the planning Commission make a finding that an access easement is appropriate and is consistent with public health and safety intent of the land subdivision regulations and will not negatively impact public health and safety for the general public," Chaney said.

The developer and applicant representatives said the site constraints and existing site features informed the request. Stephanie Blaine of Palmer Engineering, representing the developer, said portions of Doe Run Trail and Hat Trick Way are intended to remain private and that reciprocal maintenance agreements will govern access and maintenance. "There is essentially a, not an HOA, but a ownership group ... and so both of these are included in that reciprocal agreement areas," Blaine said, adding that maintenance obligations will follow deed transfers.

Why it matters: the commission must find that allowing sole access via easements is consistent with the subdivision rules, which generally require frontage on a public or private street. The commission attached 11 standard conditions to the approval, covering engineering, traffic, landscaping, utility and streetlight easements, environmental approvals and documentation from the Division of Water Quality that capacity assurance requirements are satisfied prior to plan certification.

Supporting details: Chaney said the access easement requests are limited to Tract 1E, Tract 1D and Tract 3B (accessing Hat Trick Way and Doe Run Trail), and staff noted that Hat Trick Way and Doe Run Trail were constructed to LFUCG construction standards except that Hat Trick Way lacks a standard public-street termination. The applicant supplied auto-turn exhibits indicating vehicles can turn around in the existing parking area on Tract 1D. Blaine confirmed that gates will be placed after the access points shown on the development plan and any gate-location changes would require additional review.

Commissioner questions focused on who will maintain the turnaround and whether property owners must provide written permission for vehicles to use private parking areas to turn. Blaine said the maintenance and reciprocal-access obligations will be set up through the development's maintenance agreement and will transfer with the lots.

Action: Commissioner Wirth moved to approve PLN FRP 2514 Boonsboro Manor with the 11 conditions, including the finding that access easements providing sole frontage are appropriate; Commissioner Forrester seconded. The motion carried unanimously.

The commission also noted related development plans for nearby lots will return later for review and that documentation from the Division of Water Quality and utility easements must be finalized before the plat is certified.