Commission approves Hearth Foundation preliminary subdivision; variances and shared‑access waiver also approved

The Oldham County Planning and Zoning Commission on Jan. 28 approved a preliminary subdivision plan, two road‑frontage variances and a waiver of the county’s joint‑access rule for a 198.2‑acre property at 1201 East Highway 524. The applicant is the Hearth Foundation; the plans would create six lots, with three proposed single‑family home sites and other tracts intended for conservation and agricultural sale.

Staff presentation: Senior Planner Anna Barge said the property is primarily zoned CO‑1 (conservation) and AG‑1 (agriculture) and that the applicants are seeking two frontage variances because three of the interior lots (Lots 1–3) would have no direct 524 road frontage under the proposed design. County subdivision rules require 300 feet of frontage for larger lots; the applicants requested variances for Lots 1–3 (0 feet rather than 300 feet required) and Lot 4 (100 feet proposed versus 300 feet required). Barge also said the subdivision regulations limit access easement use to three lots; the applicant requested a waiver to allow four lots (plus an existing lot) to use the 50‑foot access easement that was platted in 2007.

Applicant and justification: Cliff Ashburner, attorney for the Hearth Foundation, said the plan intentionally pulls new home sites away from Highway 524 and preserves the frontage area — roughly 86 acres — for a conservation easement the applicants are negotiating with a neighboring landowner. Engineer Mike Hill described lot sizes: Lots 1 and 2 are roughly 10 acres, Lot 3 about 15 acres, Lot 4 about 40 acres, Lot 5 about 86 acres (proposed conservation), and Lot 6 planned for sale to an adjacent agricultural owner. Ashburner and Hill said Kentucky Transportation Cabinet had reviewed the proposed shared access point and indicated the location previously accommodated an encroachment; applicants said they will seek any updated KYTC encroachment permits for required improvements.

Opposition and safety concerns: Neighbors opposed the waiver and variances, citing the narrow curve on Highway 524 at the proposed entrance, drainage and erosion risks on steep slopes, utility poles and guy wires within the 20‑foot corridor, and emergency‑response concerns. Josh Reardon, whose parcel abuts the shared access easement, said construction activity and multiple households using the same short driveway at a curve would create safety and construction‑access problems. Several neighbors asked the commission to require stronger environmental protections for the watershed and to condition any approval on a recorded conservation easement.

Fire mitigation and agency reviews: LaGrange Fire Protection District Fire Marshal Keith Smith testified that the local water system cannot supply the code‑required fire flow (500 gpm) with the required pressure. He recommended a residential sprinkler system (NFPA 13R) for the houses as feasible mitigation, and staff and the fire marshal said the commission could require coordination with the fire district on a mitigation plan and construction inspection. Planning staff noted the subdivision will also require stormwater plans, erosion control, and any necessary permits from the U.S. Army Corps of Engineers or the Kentucky Division of Water if stream impacts occur; those reviews happen with construction plan submission.

Commission action and conditions: The commission approved the two road‑frontage variances (Lots 1–3 and Lot 4) by 7‑1, the waiver to permit more than three parcels to use the access easement by 7‑1, and then approved the preliminary subdivision plan on an 8‑0 vote. Conditions include: approval applies only to the plan presented Jan. 28; a recorded shared‑road maintenance and access agreement; no future subdivision of lots without Planning Commission review; residential building permits for Lots 4, 5 and 6 must return to the Planning Commission before issuance; lots 1–3 and 4 will use a shared driveway; and applicants must follow LaGrange Fire Protection District requirements on selection and inspection of fire‑mitigation systems for residential lots 1–3.

Next steps: The approvals allow the applicant to proceed to construction‑plan and agency review, including county stormwater and erosion control, KYTC encroachment for the state highway access, and utility coordination. If agency reviews identify unresolved issues (for example utility relocation or Corps/Division of Water permits for stream crossings) the construction plans could require revision or be denied.