Alexandria resident Jen Koenig speaking at the Aug. 5 meeting. Photo by Haley Parnell | LINK nky

What you need to know

  • A subdivision development plan by D.R. Horton was approved with variances for smaller lot widths on some of the lots, sparking legal scrutiny.
  • Two residents have filed a lawsuit against the city and developer, citing improper variance approvals, environmental risks, and violations of planning procedures and ordinances.
  • Other concerned residents voiced issues about geological instability and potential property damage, although their comments were not officially recorded due to procedural rules.

Alexandria residents showed up to the Aug. 5 Alexandria Planning and Zoning meeting to ask for various property protections concerning a recently approved subdivision on Grandview Road.

About a dozen people attended the meeting. Although nothing pertaining to the development was on Tuesday’s agenda, households spoke at the meeting requesting the city help with potential septic, stormwater, and geotechnical stability issues that they said could arise with the change in topography and landslide potential occurrences in the Kope formation (one of the three component bedrock formations), which wraps along the back hillside area. 

The development in question is a subdivision site development plan, and a variance for smaller lot widths on 36 of the 46 lots was approved by the planning commission at a meeting on June 3.  

The developer for the project is Texas-based homebuilder D.R. Horton, which has been the largest homebuilder by volume in the United States since 2002. Founded in 1978 in Fort Worth, Texas, it operates in 126 markets in 36 states.

Also related to the development, but not discussed at Tuesday’s meeting, is that two Alexandria residents filed a legal appeal in the Campbell County Circuit Court on July 3, challenging the development’s approval on Grandview Road.

The residents who spoke at the Aug. 5 meeting are not involved in the suit.

The two residents who filed the suit live next to the proposed development site and are asking a Campbell County judge to overturn the decision by the Alexandria Planning and Zoning Commission.

LINK nky reached out to the residents who filed the lawsuit, who chose not to comment due to ongoing litigation.

Some of the key issues raised in the suit include the improper granting of a variance, environmental and safety concerns, violations of the comprehensive plan and city ordinances, stormwater management, the developer’s history with these matters, and procedural grounds.

The image above shows the area’s ridges. The section of homes with boxes behind them represents the retaining wall required, as well as the thick black line in the lower left corner. Image provided | Campbell County Planning and Zoning

D.R. Horton, the city of Alexandria, and the Alexandria Planning and Zoning Commission are named in the suit. LINK nky reached out to D.R. Horton Sales and Marketing Manager Taylor Wulff, who said the company had no comment on the lawsuit.

Alexandria City Administrator David Plummer said the city could not comment on active litigation.

Though residents showed up to voice their concerns during public comment, Campbell County Planning and Zoning Director Cindy Minter said that the comments made would not be part of the official record for that case, with the absence of the developer and the item not appearing on the agenda.

“It is only fair that as items are brought forward, that the applicant is here to hear those items, Minter said. “So, while I appreciate the comments tonight, that’s really where they need to be stated, is when we have that next hearing and the applicant is available to hear them.”

Some residents did still speak during public comment.

Beiting Drive resident Jen Koenig said she has lived in the city for 16 years. She lives across from a house that exploded around 10 years ago, which she said caused property damage to the surrounding homes. She said that the incident was ruled an “act of God,” and so no one took responsibility.

“Just looking for some kind of accountability as this development, if it goes forward, were there to be any damage that occurs to our property in the future, because of the development being on this very sketchy typography, made of shale,” Koenig said.

Koenig handed out the requests made by the group of residents to the planning and zoning commission. Minter said the requests would need to be shared with the city attorney.

Alexandria Mayor Andy Schabell was in attendance and said a good way to reach the city with questions and concerns is to fill out the contact us form on the city’s website, and include an email address so the city can reply. He said residents can also call the city building at (859) 635-4125.

Jen Koenig’s daughter, Adelaide Koenig, also spoke at the meeting.

“General issues that I have with this come from money, time and the pressure on all of the buildings around the development,” Adelaide Koenig said. “How much of a time-consuming and difficult process this would be for most of the parties involved.”

Minter said the city would forward issues raised at the meeting to the developer.

Resident Keith Kennedy, who lives on Beiting Drive, said he has experience in geological formation and land management. He also brought up concerns about the site having sandstone shale, which he said is a delicate geological formation.

Kennedy said his property would touch the development.

“We have a septic system, so does everybody on that side of the development, and we’re very concerned about the filling in of valleys in that area, the instability of the land,” he said.  

Haley is a reporter for LINK nky. Email her at hparnell@linknky.com Twitter.