Board of Adjustment Meeting - Part 2

Summary

Meeting Overview

The Urban County Board of Adjustment met on February 11, 2011, at 1:02 p.m. at 200 East Main Street in Lexington, Kentucky, with Louis Stout presiding. The board addressed six agenda items during the meeting, including the continuation of a conditional use appeal, internal governance matters, and administrative items. The board took one motion and vote during the session and heard seven public comments. The meeting resulted in one substantive decision: the denial of the Conditional Use Appeal C-2010-110 for Vulcan Construction Materials, LP. The remaining agenda items—Election of Officers, Delegation of Secretarial Duties, Possible By-Law Revision, Staff Items, and Next Meeting Date—were handled as informational matters.

Attendance

Present: Louis Stout, James Griggs, Kathryn Moore, Jan Meyer, Noel White, Thomas Glover, Jim Hume, Chuck Saylor, Jim Gallimore, Capt. Charles Bowen, Rochelle Boland, Bill Sallee, Barbara Rackers, Jim Marx, and Wanda Howard.

Absent: Barry Stumbo.

Votes and Decisions

C-2010-110: Conditional Use Permit for Underground Limestone Mining

A motion regarding a conditional use permit for underground mining of limestone at 7200, 7210, and 7230 Turner Station Road was brought to a vote. 19:50

The motion, made by Thomas Glover, failed by voice vote.

The following members voted in favor of the motion: - Louis Stout - James Griggs - Kathryn Moore - Jan Meyer - Noel White - Thomas Glover

The following member voted against the motion: - Thomas Glover

Public Comment

Seven speakers addressed the meeting with concerns about Vulcan's mining operations and proposed expansion.

Legal and Compliance Issues

Don Todd [0:04:03] argued that Vulcan has failed to comply with the Mining & Quarrying Ordinance since its adoption in 1991, citing missing required documents and asserting that the company should not be permitted to expand without a conditional use permit despite its non-conforming use status.

William Brown [0:08:20] similarly contended that Vulcan violated buffer zone requirements, failed to submit required plans, and maintains an inadequate reclamation bond. He stated the operation has not followed the ordinance since its inception.

Environmental and Geological Concerns

Gloria Martin [0:05:37] testified that Vulcan has violated the Mining & Quarrying Ordinance for 20 years, ignored buffer requirements, and caused environmental damage including sinkholes and water impoundment issues. She urged denial of the application.

John W. (Bill) McCord, Jr. [0:12:07] presented evidence from USGS and Kentucky Geological Survey reports linking mining to sinkhole formation, characterizing the area as environmentally sensitive and unsuitable for expansion.

Impact on Nearby Properties and Infrastructure

Dr. Andy Roberts [0:10:33] expressed concern that mine expansion would harm his 75-acre horse farm, disrupt water systems, and prove incompatible with agricultural use, despite acknowledging the economic argument for local rock supply.

Jim Lerton [0:11:03] shared personal experience of wall failure and house settling caused by decades of blasting. He emphasized that the mine violated the ordinance by failing to identify nearby homes.

Dr. Charles Martin [0:13:10] highlighted damage to roads from heavy trucks and emphasized regulatory requirements for safe truck operations, questioning Vulcan's compliance with transportation and safety standards.

Contested Items

Approval of Vulcan's Conditional Use Permit

The primary contested item before the Board was Vulcan's application for a conditional use permit. The application faced unanimous opposition from the community, with multiple residents presenting detailed testimony during the meeting.

Residents raised three main categories of concerns:

• Structural damage resulting from the proposed operations
• Environmental degradation impacts
• Noncompliance with the Mining & Quarrying Ordinance

The neighborhood opposition was comprehensive and coordinated, with multiple community members providing specific testimony on these issues. Despite Vulcan's application, the Board ultimately denied the request, reflecting the strength and unanimity of the community's position against the permit approval.

Continuation of Conditional Use Appeal: C-2010-110 - Vulcan Construction Materials, LP

4:03

The Board continued a public hearing on Vulcan Construction Materials, LP's appeal for a conditional use permit to conduct underground mining operations in the A-R and B-1 zones.

Staff Recommendation and Presentation

Staff recommended approval of the conditional use permit with conditions.

Objectors' Testimony

Multiple speakers presented testimony opposing the permit, raising significant concerns:

• Environmental harm from the proposed mining operations
• Noncompliance with the Mining & Quarrying Ordinance
• Structural damage risks to nearby properties and infrastructure
• Long-term risks to groundwater quality and availability
• Impacts on nearby properties from mining activities

Key speakers presenting objections included Don Todd, Gloria Martin, William Brown, Dr. Andy Roberts, Jim Lerton, John W. (Bill) McCord, Jr., and Dr. Charles Martin.

Outcome

The Board denied the conditional use permit appeal for Vulcan Construction Materials, LP.

Election of Officers

The Board proceeded with the election of officers as required by its bylaws. The minutes do not contain specific details regarding nominations made, voting procedures, or the results of the election. No transcript timestamp is available for this agenda item.

Delegation of Secretarial Duties

The Chair requested action on delegating secretarial duties during this agenda item. Historically, these duties have been assigned to the Planning Manager or other staff members.

No decision or vote was recorded on this matter. The item was treated as informational in nature, with no formal outcome documented.

Possible By-Law Revision

The Board discussed the possibility of revising bylaws to include procedural guidelines such as speaker time limits. No formal action was taken on this matter.

Staff Items

No specific staff items were presented or discussed during this portion of the meeting.

Next Meeting Date

The Chair announced that the next meeting would be held on February 25, 2011.