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Planning commission approves 35‑lot Sundance subdivision on Fiebel Lane with conditions

3086360 · April 22, 2025
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Summary

The Oldham County Planning and Zoning Commission unanimously approved a preliminary plan to subdivide 50.166 acres at 5600 Fiebel Lane into 35 single‑family lots, attaching six binding elements to address stormwater, septic and road geometry before construction may begin.

The Oldham County Planning and Zoning Commission on April 22 voted 8–3 to approve a preliminary subdivision plan submitted by 5600 LLC for 35 single‑family lots on 50.166 acres at 5600 Fiebel Lane in the Crestwood area (docket PZ‑25‑004).

The plan, presented by Anna Barge, the county's senior planner, shows lots ranging from about 1 acre to 2.44 acres with access from Fiebel Lane only. Barge told the commission, “An application has been filed by 5600 LLC for a preliminary subdivision plan for 35 single family lots. The property is located at 5600 Fiebel Lane, Crestwood, and is 50.166 acres and zoned AG1, Agriculture District and CO1, Conservation District.”

Why it matters: neighbors and the county engineer pressed developers for detail on stormwater, septic suitability and road geometry, saying those issues affect adjacent properties and school capacity. County Engineer Jim Silliman told the commission that the county’s post‑construction stormwater rules require computations showing that “the stormwater runoff that’s leaving the site after the development is completed should not exceed the stormwater runoff that was generated prior to construction at its current state.” The commission attached six binding elements to the approval intended to address several of those concerns before construction proceeds.

What the plan proposes and staff review - The applicant proposes 35 single‑family lots accessed only from Fiebel Lane; the developer removed a previously planned connection to Carpenter Lane after neighbor opposition. - Lots are zoned AG‑1 and CO‑1; the county planner found the layout is, at a conceptual level, in conformance with subdivision and zoning rules for AG‑1/CO‑1 (minimum lot size 1 acre). Barge summarized the submittal and review history and noted that the Board of Education had set an annual lot‑build cap of 24 earlier in the review packet but later updated figures to show a capacity phased at 28 lots per year. - Silliman said the applicant must obtain a KYR‑10 permit from the Division of Water and an Oldham County stormwater/erosion control permit during construction plan review. He explained the detention calculations must address the 2‑, 10‑ and 100‑year storm events and that additional permitting would be required if impacts to jurisdictional waters are identified.

Public concerns and technical issues - Neighbors concentrated on runoff and erosion after recent clearing on the site, septic suitability on shallow soils, and non‑perpendicular street and lot angles shown on the preliminary plat. Attorney Timothy Mayer, representing adjacent landowners, said the project raises “concern ... that the development and the creation of impervious spaces will have the effect of exacerbating runoff on adjacent landowners and also increasing sedimentation and pollution into those watersheds, in particular Curry's Fork and Floyd's Fork watershed.” - Engineer/neighbor John Davidson pointed to street intersection angles and several lot line angles he said are outside the county’s “within 15 degrees” guidance for lot orientation on cul‑de‑sacs. Staff agreed some angles should be corrected prior to construction‑level approval. - Charles Ward, Oldham County Environmental Health director, explained that the health department’s preliminary site evaluations are not the final septic permit stage and said individual lot evaluations and test holes will be done at the construction/site level to establish installation depth or identify necessary upgrades.

Applicant response and commitments - Applicant counsel John Talbot emphasized this was a preliminary subdivision review (not rezoning or construction plan review): “This is not a rezoning case. It is not construction planning review. It is simply a preliminary subdivision plan.” He said many outstanding engineering details will be resolved during construction plan review. - The development team confirmed they had reduced lot count (from an earlier higher number) and removed the Carpenter Lane connection after neighborhood meetings. Engineer Mohammed Nuri said detention basins were sized conservatively and that the design intent is to ensure outlets release water at or below pre‑development rates.

Commission action and binding elements The commission approved the preliminary subdivision plan 8–3 and adopted the following binding elements (recorded in the hearing): 1) Approval applies only to the plan presented at the April 22, 2025 public hearing; no lot may be further subdivided without Planning Commission review. 2) Construction must comply with all federal, state and county ordinances and requirements at the time of construction plan approval. 3) Issuance of building permits shall be limited to 28 building permits per calendar year in compliance with school capacity standards set by the Oldham County Board of Education. 4) Fire hydrants shall be installed in accordance with Oldham County Subdivision Regulation §7.3, in conjunction with Oldham County Water and the local fire jurisdiction, and shall be provided prior to any construction plan approval. 5) Non‑perpendicular roadway curvature/angles at specified intersections (identified in staff review) shall be corrected to comply with the county subdivision regulations in coordination with the County Engineer before construction plan approval. 6) A 4‑board black fence shall be constructed and maintained along Fiebel Lane by the developer and any successor homeowners association; the HOA will also be responsible for routine maintenance of approved detention basins per the required stormwater management agreement.

Discussion vs. decision: The record shows extensive discussion and several technical caveats; the commission’s approval is limited to the plan presented and several items must be resolved in the construction plan phase. The vote was taken after a lengthy public comment period and an approximately three‑hour staff/applicant/opponent exchange.

What’s next: The developer must submit construction‑level plans and stormwater computations to the County Engineer and secure necessary KY Division of Water permitting and septic approvals before any construction or building permits are issued. The binding elements require the applicant to address hydrants, road geometry and HOA/maintenance obligations before construction plan approval.

Ending note: The commission’s conditional approval preserves the plan’s basic layout while requiring technical fixes and recorded agreements intended to reduce the risk to downstream neighbors and to address school capacity and emergency access concerns.