Board of Adjustment Meeting Part #1

Summary

Meeting Overview

The Urban County Board of Adjustment met on December 16, 2011, at 1:02 p.m. in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Chairman Louis Stout presiding. The board considered six agenda items during the meeting, hearing 26 public comments and taking 6 motions and votes. Of the six appeals presented, one was approved—Bethsaida Baptist Church's request for a conditional use permit to expand an existing church—while five items were postponed, including requests from Hallmark Student Development Co., LLC for a front yard variance; Boone Creek Adventures, LLC for a conditional use permit to construct and operate an agricultural market and outdoor recreational facility; Ball and Wright Capital Holdings for an administrative review to allow a third wall sign; Crestwood Christian Church for an administrative review to allow four directional signs; and Greg Kujawski for an administrative review regarding dispatch and vehicle use associated with a taxi business.

Attendance

The following individuals were present at the meeting on December 16, 2011:

• Louis Stout
• Barry Stumbo
• Janice Meyer
• Noel White
• James Griggs
• Kathryn Moore
• Thomas Glover
• Jim Hume
• Chuck Saylor
• Jim Gallimore
• Rochelle Boland
• Jim Marx
• Jimmy Emmons
• Wanda Howard

No absences or late arrivals were recorded.

Votes and Decisions

A-2011-71: BALL and WRIGHT CAPITAL HOLDINGS 5:13 Motion by Barry Stumbo, seconded by Janice Meyer, to postpone until the April 27 meeting. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover.

V-2011-82: HALLMARK STUDENT DEVELOPMENT CO., LLC 7:27 Motion by Noel White, seconded by Barry Stumbo, to postpone until the January 27 meeting. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover.

C-2011-79: BETHSAIDA BAPTIST CHURCH 12:56 Motion by Barry Stumbo, seconded by Kathryn Moore, to approve a conditional use permit for church expansion. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover. Approval was granted for reasons and conditions as set forth by staff, including:

• Church expansion in accordance with revised site plan dated December 8, 2011, featuring a 12-foot access width, a 20-by-40-foot fenced child play area, and a 6-foot tall hedge along adjoining property
• Obtaining necessary permits from Division of Building Inspection prior to construction
• Paved and delineated parking areas with landscaping per Zoning Ordinance Articles 16 and 18
• Parking lot and access design subject to Division of Traffic Engineering review and approval
• Shoebox-style pole lighting with downward-directed, shielded light to protect residential properties
• Storm water management plan per adopted Engineering Manuals and Division of Engineering acceptance
• Landscape buffer with deciduous trees planted every 25 feet along southern property line, with additional evergreen plantings in specified areas

A-2011-80: CRESTWOOD CHRISTIAN CHURCH 26:55 Motion by Noel White, seconded by Barry Stumbo, to continue until January 27, 2012. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover.

C-2011-70: BOONE CREEK ADVENTURES, LLC 4:24:59 Motion by Louis Stout, seconded by Barry Stumbo, to continue until January 27, 2012. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover.

A-2011-81: GREG KUJAWSKI 4:30:53 Motion by Louis Stout, seconded by Barry Stumbo, to continue until January 27, 2012. Passed unanimously with votes from Louis Stout, Barry Stumbo, Janice Meyer, Noel White, James Griggs, Kathryn Moore, and Thomas Glover.

Public Comment

The meeting included extensive public comment on two distinct projects: Boone Creek Adventures and a taxi business proposal.

Support for Boone Creek Adventures

Several speakers expressed support for the Boone Creek Adventures project. Bruce Simpson [00:45:44] represented the applicant, emphasizing good faith outreach to neighbors and environmental stewardship. Burgess Carey [01:12:05] described the project's educational and recreational goals with minimal environmental impact. David Brassfield [01:36:50] explained environmentally sensitive design and tree preservation techniques. Sarah Smith [01:46:11] presented a preliminary environmental management plan highlighting ecological protection and monitoring. Tim Query [02:04:57] testified that the canopy tour design would not negatively affect tree health. Paul Swoveland [02:07:43] represented the Lexington Environmental Commission in support. Neighbors John Park [02:11:36], Bill Mead [02:21:26], and Jane Harrod [02:24:09] expressed support based on positive neighborhood impacts and environmental benefits.

Opposition to Boone Creek Adventures

Multiple speakers opposed the project on legal and zoning grounds. Don Todd [02:35:57] and Knox Vinagel [02:46:12] argued the project constitutes an amusement park violating zoning regulations. Linda Carroll [02:51:38] raised historic preservation concerns for the Boone Creek Rural Historic District. Joan Mayer [02:54:03] highlighted Clark County's lack of involvement and emergency services concerns. Gloria Martin [03:04:40] presented extensive research on state law definitions. Anne Graff [03:49:56] shared negative personal experience at a similar facility. Jim Lurton [03:52:20] raised fire, EMS, and sewage concerns. Alston Kerr [04:00:06] argued the project exceeded square footage limits. Dr. Andy Roberts [04:09:35], William Brown [04:11:52], and Charles Martin [04:13:32] cited comprehensive plan violations and environmental protection concerns.

Taxi Business Opposition

Speakers opposed a taxi business proposal, citing zoning violations and operational impacts. Jill Ricardo [04:10:02, 05:10:02] reported overnight vehicle parking and security issues. Paul Pfister [04:47:07] argued the business gave unfair competitive advantage. Tom Biederman [04:58:22] expressed property value concerns. Douglas Ruth [05:01:00] described disruptions to patient access and safety. Mary Reed [05:47:42] provided photographic evidence of multiple taxis parked overnight.

Contested Items

Boone Creek Adventures Conditional Use Permit

The proposal for Boone Creek Adventures generated heated discussion among meeting participants. The central dispute concerned whether the project constituted an amusement park under state law. Environmental groups, historic preservation advocates, and community organizations expressed significant opposition to the proposal. Conversely, neighbors and environmental advocates voiced strong support for the project.

Taxi Business in P1 Zone

Residents of Wellington Place opposed a proposal to operate a taxi dispatch center in a professional office zone. Community opposition centered on several concerns: parking disruptions resulting from the taxi operation, potential negative impacts on property values, and what residents characterized as an unfair competitive advantage for the business in that zoning district.

HALLMARK STUDENT DEVELOPMENT CO., LLC - appeals for a variance to reduce the required front yard from 20 feet to 5 feet

Case Number: V-2011-82

Hallmark Student Development Co., LLC requested a variance to reduce the front yard requirement from 20 feet to 5 feet for a proposed development located in a B-4 and A-U zone 7:27.

Staff Recommendation

Staff recommended postponement of the appeal. The primary reason for postponement was that the property had not yet been rezoned to R-5, which was necessary for the proposed development to proceed as planned.

Board Action

The Board unanimously voted to postpone the appeal until January 27, 2012, allowing time for the property rezoning to be completed before the variance request would be reconsidered.

BOONE CREEK ADVENTURES, LLC - appeals for a conditional use permit to construct and operate an agricultural market and outdoor recreational facility

Boone Creek Adventures, LLC appealed for a conditional use permit to construct and operate an agricultural market and outdoor recreational facility in an A-R (agricultural-residential) zone.

Staff Recommendation

Staff recommended approval for the outdoor recreational component with specific conditions, while recommending postponement of the agricultural market portion of the proposal.

Public Testimony

The case generated extensive public testimony from numerous speakers, including Bruce Simpson, Burgess Carey, David Brassfield, Sarah Smith, Tim Query, Paul Swoveland, John Park, Bill Mead, Jane Harrod, Don Todd, Knox Vinagel, Linda Carroll, Joan Mayer, Gloria Martin, Anne Graff, Jim Lurton, Alston Kerr, Dr. Andy Roberts, William Brown, Charles Martin, and Jill Ricardo. The discussion addressed various aspects of the proposed recreational facility and agricultural market components.

Outcome

The Board unanimously voted to continue the case until January 27, 2012, postponing a final decision on both the recreational facility and agricultural market components. This allowed for additional time to address concerns raised during the public hearing and to further develop the proposal.

The hearing consumed approximately four hours and twenty-four minutes of the meeting.

BETHSAIDA BAPTIST CHURCH - appeals for a conditional use permit to expand an existing church

Case Number: C-2011-79

Bethsaida Baptist Church applied for a conditional use permit to expand its existing facility located in a residential zone. 12:56

Staff Recommendation

Staff recommended approval of the application subject to seven conditions.

Board Action

The Board unanimously approved the conditional use permit application. The approval included the seven conditions recommended by staff.

Key Participant

Tom Lambdin was a key speaker during the discussion of this agenda item.

Outcome

The application was approved.

BALL and WRIGHT CAPITAL HOLDINGS - appeals for an administrative review to allow a third wall sign

Identifier: A-2011-71

Overview

BALL and WRIGHT CAPITAL HOLDINGS appealed for an administrative review to allow a third wall sign in a P-1 zone. 5:13

Presentation and Recommendation

Staff recommended disapproval of the appeal due to zoning restrictions that limit signage in the P-1 zone.

Outcome

The Board unanimously postponed the appeal until April 27, 2012.

Key Participant

Richard Murphy addressed the Board on this matter.

CRESTWOOD CHRISTIAN CHURCH - appeals for an administrative review to allow four directional signs

26:55

Crestwood Christian Church requested an administrative review to permit four directional signs within a residential zone. The church sought approval to install these wayfinding signs on its property.

Staff Recommendation

The staff recommended disapproval of the church's request for the directional signs.

Public Testimony

The case proceeded to public testimony, during which the following individuals spoke:

• Reverend Corey Wilcoxon
• Clarissa Spawn

Board Action

After hearing public testimony on the matter, the Board voted unanimously to continue the case. The hearing was postponed until January 27, 2012, allowing for further consideration of the church's appeal.

GREG KUJAWSKI - appeals for an administrative review to determine that dispatch and vehicle use associated with a taxi business is permitted

4:30:53

Greg Kujowski appealed for an administrative review to clarify whether taxi dispatch and vehicle use were permitted operations within a P-1 zone. The applicant sought determination on the permissibility of these business activities in the designated zone.

Staff Recommendation

Staff recommended approval of the administrative review request.

Key Participants

The discussion involved Greg Kujowski (applicant), Mary Reed, Paul Pfister, Tom Biederman, Douglas Ruth, and Jill Ricardo.

Outcome

After public testimony was heard, the Board unanimously voted to continue the case. The matter was postponed until January 27, 2012, to allow for further consideration before a final determination would be made.