Urban County Council Special Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on January 25, 2011, at 5:00 p.m. in Lexington, Kentucky. Vice-Mayor Linda Gorton presided over the meeting. The Council considered one agenda item during the session: an ordinance adding a Neighborhood Design Character Overlay (ND-1) zone, which was approved. The Council took two votes and heard six public comments during the meeting.

Attendance

Present: - Linda Gorton - Council Member Farmer - Council Member Ford - Council Member Henson - Council Member Kay - Council Member Lane - Council Member Lawless - Council Member Beard - Council Member Blues - Council Member Crosbie - Council Member Ellinger

Absent: - Council Member Martin - Council Member McChord - Council Member Myers - Council Member Stinnett

Late: None recorded

Votes and Decisions

Ordinance 0130-26: Adopt Findings of Fact and Revised ND-1 Design Standards for Montclair Neighborhood Overlay Zone 2:00:16

Ms. Lawless moved to adopt the findings of fact and revised ND-1 Design Standards for the Montclair neighborhood overlay zone, seconded by Mr. Farmer. The motion passed by roll call vote with 9 ayes and 2 nays.

Voting in favor: Farmer, Ford, Gorton, Henson, Kay, Lawless, Blues, Crosbie, and Ellinger

Voting against: Lane and Beard

The ordinance was amended to allow exterior siding replacement with the same material as 90% of the existing structure.

Ordinance 0130-26: Approve the Neighborhood Design Character Overlay (ND-1) Zone for Montclair and Surrounding Streets 2:01:21

Ms. Lawless moved to approve the Neighborhood Design Character Overlay (ND-1) zone for Montclair and surrounding streets, seconded by Mr. Ellinger. The motion passed by roll call vote with 9 ayes and 2 nays.

Voting in favor: Farmer, Ford, Gorton, Henson, Kay, Lawless, Blues, Crosbie, and Ellinger

Voting against: Lane and Beard

Public Comment

Six speakers addressed the board during the public comment period, raising concerns about various aspects of the proposed ND-1 overlay district standards.

Driveway Width Restrictions

Richard Getty opposed the proposed 10-foot driveway limit, arguing it is unrealistic for high-value homes and would force residents to seek variances, particularly on busy Tates Creek Road. 7:52

Neighborhood Preservation Process

Deborah Tatum explained the neighborhood's long-term effort to preserve its character, citing concerns over inappropriate development. She emphasized the importance of community input, noting that the neighborhood had conducted 24 meetings as part of the ND-1 process. 37:25

Roof Line and Setback Standards

Victoria Graff objected to the proposed ND-1 standards, stating that her planned addition would violate the roof pitch, height, and rear yard setback rules. She requested that her previously approved plans be grandfathered under the new regulations. 1:01:52

Vinyl Siding Restrictions

Jeff Fox expressed concern that the proposed ban on vinyl siding would prevent homeowners from matching existing homes, noting that many homes in the neighborhood are already vinyl-sided. 1:05:37

Survey Validity and Nonconformity

Kathleen Yunker challenged the 70.6% support figure cited for the overlay, arguing it was based on a low response rate. She also raised concerns that many existing homes in the neighborhood would become nonconforming under the new rules. 1:38:14

Overlay District Scope

Michael Hooper argued that the overlay is overly restrictive and that issues such as student traffic and parking should be addressed through other means, including speed bumps and zoning changes, rather than through building restrictions. 1:15:25

Contested Items

Amendment to Allow Vinyl Siding Replacement

Council members debated whether to amend the ND-1 standards to allow exterior siding replacement with the same material as 90% of the existing structure. The discussion revealed concerns over fairness, enforcement, and potential unintended consequences of the proposed amendment. The vote on this matter was split among council members, indicating significant disagreement about the appropriate approach to siding replacement standards.

Grandfathering of Existing Plans

A heated discussion arose regarding the grandfathering of existing approved plans. Opponents argued that approved plans should be grandfathered in under the new standards. However, staff and proponents of the amendment countered that construction must begin within a specified timeframe in order to qualify for grandfathering status. They also emphasized that variances remain available as an alternative pathway for property owners seeking relief from the new standards.

An Ordinance adding a Neighborhood Design Character Overlay (ND-1) zone

1:34

The Council held a public hearing on a proposed Neighborhood Design Character Overlay (ND-1) zone affecting properties on Cooper, Montclair, Scoville, Kastle, Summit, Eldemere, and Tates Creek Roads.

Background and Recommendation

The Planning Commission recommended approval of the ND-1 overlay, citing alignment with the 2007 Comprehensive Plan and findings from a neighborhood design study.

Public Testimony

The hearing included testimony from multiple speakers:

• Richard Getty
• Deborah Tatum
• Bill Sallee
• Victoria Graff
• Jeff Fox
• Kathleen Yunker

Residents expressed both support for and opposition to the proposed overlay.

Concerns Raised

Public testimony identified several specific concerns about the overlay requirements:

• Driveway width restrictions
• Siding restrictions
• Enforcement of the proposed design standards

Outcome

The ordinance was approved.