During a heated meeting Thursday that lasted about four and a half hours, the City-County Planning Commission of Warren County recommended for approval a proposal to rezone 33.87 acres on Three Springs Road from multi-family residential to single-family residential – apparently ending an extended legal battle over the proposed development.

About two years after the planning commission recommended denial of rezoning in a 6-4 vote, the nine commissioners in attendance Thursday OK’d the application for rezoning with a unanimous vote after hearing from Mark Alcott and Steve Porter, the attorneys representing the sides.

“About two years ago, when we were looking over this development, there was a lot of animosity and a lot of gnashing teeth so to speak of what was going on,” Alcott, who represented developers, said. “The parties have come together and have a complete agreement. We actually have a signed agreement which says that on your approval tonight, that litigation will cease and so that’s been signed by all the parties and so that is definitely a condition that we will be glad to abide by.”

“I think this is a great example of some compromise and collegiality here between neighbors and developers, and I think it’s important to recognize that collegiality and compromise – especially the neighbors, who many of them are here,” said Porter, who represented concerned residents.

Spring Lakes LLC now has commission approval to develop a maximum of 108 single-family residential lots on a tract bounded by Silver Springs Avenue, Sterling Way and William H. Natcher Parkway, but the Bowling Green City Commission must still give its final OK to the project.

First proposed in 2017, a submitted general development plan originally called for a 304-unit apartment complex on the property. In an unusual reversal of the planning commission’s denial recommendation, the rezoning was approved by the city commission in August 2017, but a subsequent appeal filed by nearby residents has caused the development to be tied up in litigation ever since.

The case has worked its way through the court system, and applicants later abandoned their apartment complex proposal. Focus eventually shifted from multi-family to single-family residences on the tract of land, which is situated between Silver Springs subdivision and a KOA campground.

The Bowling Green City Commission voted Tuesday to unanimously approve prohibiting a Sterling Way connection between the Silver Springs subdivision and the proposed development, which was a concern voiced by many Silver Springs residents in the past.

“The owner has worked with adjacent property owners to develop standards as to form and character to ensure compatibility,” findings included with the application stated. The terms agreed upon by all interested parties were then included in the general development plan submitted to the commission.

Immediately preceding the planning commission’s approval, Porter said the lawsuit currently in front of the Kentucky Court of Appeals will be withdrawn after the city commission also approves the new rezoning.

In other business, the planning commission approved another controversial development proposal that had been withdrawn twice before.

Stagner Farms LLC proposed to rezone 85.4384 acres on Elrod Road from agriculture and floodplain to planned unit development and floodplain in order to develop a maximum of 255 residential units on the property, which is bounded by Emberton Road and Herman Avenue. The rezoning passed 6-2 – one commissioner stepped out during the public hearing.

As previously reported by the Daily News, the number of units was down from as many as 300 single-family lots proposed in an application withdrawn before the planning commission’s Dec. 20 meeting. A second application featuring a slight reduction in density was later filed, but it was withdrawn in April.

The latest version of the application featured the same proposal as the second – as many as 255 lots and homes of at least 1,400 square feet.

Nearby residents were still not happy with the scaled-down proposal, as nine different locals spoke up at the city commission chambers to voice their displeasure with another residential development along Elrod Road.

A traffic impact study completed by Kimley-Horn and Associates in November was included in the staff report. “All intersections within the study area will operate at acceptable levels of service and delay except for the intersection of Elrod Road with Smallhouse Road,” the study’s conclusions stated.

Chris Davenport – the attorney representing the Stagner Farms LLC and its registered agent, Michael Vitale – gave the commission an update on transportation-related improvements, which the staff report noted was necessary to avoid further “postponement of this application.”

“This intersection is rated E,” Davenport said. “What E means, it’s not performing, it’s not satisfactory, it’s not reaching, I think their term is, appropriate service levels. It’s another way of saying the intersection is a problem, OK? It’s another way of saying the intersection has been a problem, and so the remedy that is suggested in the traffic study is a roundabout.”

Prior to commission approval, developers agreed to install a roundabout at the intersection of Elrod Road and Smallhouse Road prior to the platting of more than 150 residential lots. Davenport said his clients are willing to contribute to funding, but fiscal court will have to determine final costs.

The planning commission also received two separate applications from Mark Douglas and Robin Douglas. Both proposals involved rezoning tracts of land owned by the couple from agriculture to residential estate, and both received commission approval – 9-0 and 8-1, respectively.

The first application filed by Mark Douglas and Robin Douglas proposed to rezone 12.03 acres on the northwest corner of Claypool-Boyce Road and H.E. Johnson Road from agriculture to residential estate in order to develop the property with a maximum of 11 single-family residential lots.

An additional application filed by the couple proposed to rezone 4.68 acres on the southwest corner of New Cut Road and H. E. Johnson Road from agriculture to residential estate in order to develop the property with a maximum of four single-family residential lots.

Property owners Pamela Lauren Simmons and Amanda Shea Guy submitted an application to rezone 4.9994 acres located along Cooper Dearing Road from agriculture to residential estate in order to develop the property with a maximum of two single-family residential lots, which was passed 9-0.

The planning commission also received an application proposing to rezone approximately 12.12 acres located at 8093, 8123 and 8241 Louisville Road from agriculture and residential estate to highway business and multi-family residential from Gemstone Property Development LLC.

According to a staff report, property owners wanted to to construct a mixture of duplexes on 10.24 acres on Louisville Road, while the remaining 1.88 acres at 8241 Louisville Road would be developed with commercial and/or retail uses to “compliment the residential use in the development.”

Four area residents spoke against the development, but the commission approved the proposal 8-0, with one commissioner abstaining.

The commission also witnessed the oath taken by new commissioner India Unseld and approved revisions for the final fiscal year 2020 budget.

The planning commission’s actions now go to Warren Fiscal Court or the city commission for final approval.

The planning commission is scheduled to meet again Aug. 1.