Park Hills City Council proposes ordinance that could block residential development near Devou Park

By Mark Hansel
NKyTribune managing editor

An overflow crowd attended Monday’s Park Hills city council Meeting Monday to hear discussion of a proposed new residential development project near Devou Park.

Jim Berling has announced plans to build 25 homes on an approximately 13-acre parcel he owns at the bottom of Audubon Road at Sleepy Hollow Road. The homes would range between $375,000 and $500,000.

Most, if not all, of the more than 100 residents in the city of about 3,000 that attended the meeting oppose the project.

Those who spoke indicated the development is not consistent with the vision for Park Hills.

There are concerns that the development would impact a large number of trees in the area and that it would create a traffic, safety and construction nightmare for residents in the area.

The discussion of the development project lasted more than three hours and included a 55-minute executive session.

Park Hills City Engineer Jay Bayer, who lives on Audubon Road, said the applicants have the zoning in place for the property and a preliminary plat has been approved.

“So, by zoning, they’re permitted to build the single-family houses,” Bayer said. The next level will be what they call approval plans. They will submit them to the planning commission and that’s where the city will begin to be involved.”

Sanitation District No.1 has detailed criteria to ensure stormwater flow is not increased as a result of the project. There are also concerns about fireplugs identified for the site, which are required to meet subdivision and city standards.

Bayer said Berling has indicated an aggressive development schedule and final plans might be submitted within the next few weeks. The project could potentially gain approval within a month if all of the conditions are met.

Mayor Matt Mattone said Berling informed the city of his intention to build on the property earlier this year. The site is zoned for the type of development Berling is proposing, so Mattone said the city’s options to stop the project are limited.

“We would have been hard-pressed to pass legislation that wouldn’t have caused him to file lawsuits against the city for taking away his ability to develop that property,” Mattone said. “He had trees on it, he had the ability to put however many houses (meet established density requirements).”

Berling did not attend the city council meeting.

A delegation of citizens meet with Brling and a representative from Drees Homes, the developers of Audubon Forest, commonly referred to as the Berling project, on Tuesday, Oct 4. Kevin Thiessen, who lives at 1215 Audubon Road, provided those in attendance with a recap of that meeting.

Thiessen said the development is proposed to extend from 1219 Audubon Road, behind Lawton Road, alongside Devou Park and over to Sleepy Hollow Road. He said the delegation has been trying to better understand the project and determine if there is an alternate development solution.

“That project sort of hit the radar over the last month or so, for most of the citizens, so some of us have been trying to raise awareness,” Thiessen said.

The entrance to the development, as currently envisioned, will include three homes and a road on the property that is currently 1219 Audubon Road.

“There are concerns about what that looks like, as well as the fact that it doesn’t really fit in with our vision of Park Hills,” Thiessen said.

Other concerns expressed by the delegation include:

–  The loss of the mature forest that exists in its natural state, adjoining Devou Park

– Earth Movement and water management.

– Construction traffic

– The duration of the project, which could be two years.

– Road damage caused by construction traffic

– The long-term increase in traffic as a result of the additional residences

Thiessen said the developer did not offer any concessions at the Oct. 4, meeting.

“We didn’t receive any assurances of any real flexibility on the project,” Thiessen said. “We are looking to try to figure out how we can make this project a little bit better than the way it has been laid out on paper.”

Thiessen said the developers have indicated plans to start earth movement in December, with road construction scheduled for the spring, and the first home expected to go up in June.

Mattone and the city council members share the concerns of residents.

“I think it’s not sympathetic and consistent with what we have in Park Hills,” Mattone said. “I don’t want it as proposed.”

Councilwoman Pam Spoor was more direct, saying her goal was to stop the project.

A proposed ordinance governing tree requirements for property development on Monday’s agenda might help achieve that goal, but there were questions about whether the city would face litigation if approval of the measure delayed the Audubon Forest project.

Two versions of the ordinance were introduced, one of which would have declared an emergency and allowed the city council to vote on the measure immediately.

Kentucky Revised Statute 83A.060 requires two readings of an ordinance, unless an emergency is declared, at which time a vote governing the ordinance may be taken after the first reading.

Spoor indicated support for the emergency, citing the aggressive development timetable for Audubon Forest.

Tree requirements for property development have been considered previously in Park Hills, but have not been approved, and they are on the books in other Kentucky cities.

The timing of this ordinance, with one stated purpose being to halt a specific development project, however, raised concerns about possible legal action.

City Attorney Todd McMurtry was asked if the declaration of an emergency ordinance, or a measure passed to block a project that has already been announced, could spur such litigation by the developers.

McMurtry indicated he would prefer to discuss the issue in private and Mattone then called for an executive session.

At the conclusion of the executive session, council members returned and agreed not to declare an emergency.

A second reading of the ordinance, and a vote, could take place at the next regularly scheduled city council business meeting on November 14, unless a special meeting is scheduled to consider the issue at an earlier date.

It is not clear if approval of the ordinance would delay the development timeline for Audubon Forest, or if it does, whether the developer might pursue litigation to move the project forward.

Contact Mark Hansel at mark.hansel@nkytrib.com