Council Planning Committee

Summary

Meeting Overview

The Planning Committee convened on March 17, 2009, at 1:00 PM, with Linda Gorton presiding. The meeting addressed five agenda items spanning a range of planning and development topics, including fee schedules, building permit regulations, zoning violation fines, a heritage tree program, and design review recommendations for the Courthouse Area. Over the course of the meeting, 4 votes were taken and no public comments were heard.

Of the five agenda items, two were approved — Increased Fines on Zoning/Building Permit Violations and Courthouse Area Design Review Recommendations — while two items, the Electrical Inspector's Fee Schedule Update and Time Limits on Building Permits, were presented as informational matters requiring no formal action. The Heritage Tree Program was withdrawn before any vote could be taken. No public comments were recorded during the session.

Attendance

The following members were present at the March 17, 2009 Council meeting:

• Gorton
• Blues
• Gray
• Ellinger
• James
• Lawless
• Beard
• Feigel
• Stinnett

Absent: McChord

No members were recorded as late.

Votes and Decisions

The Council took four votes during the March 17, 2009 meeting, all of which passed unanimously.

• Ad-Hoc Committee on Zoning/Building Permits 7:37: Moved by Blues and seconded by Beard, the Council unanimously approved establishing an ad-hoc committee to review possible changes to time limits and increased fines related to zoning and building permits.

• Heritage Tree Program Withdrawal 30:53: Moved by James and seconded by Ellinger, the Council unanimously approved withdrawing the Heritage Tree Program from the Planning Committee.

• Courthouse Area Design Review Board Text Amendment 52:40: Moved by Lawless and seconded by Blues, the Council unanimously approved initiating a text amendment to include the Courthouse Area Design Review Board recommendations along with specific language addressing non-compliance, enforcement, and penalties.

• Private Retention/Detention Basin Maintenance Removal 1:15:23: Moved by Blues and seconded by Beard, the Council unanimously approved removing Private Retention/Detention Basin Maintenance from the list of items referred to committee.

No roll call votes were recorded; all four motions passed by unanimous consent. No abstentions or dissenting votes were noted for any item.

Electrical Inspector's Fee Schedule Update

6:29

This agenda item was presented as an informational discussion regarding a potential update to the Electrical Inspector's fee schedule.

Dewey Crowe of the Building Inspection department addressed the Council on this matter. Crowe indicated that a comprehensive list of recommendations related to the fee schedule update was being prepared but was not yet ready for formal consideration. He noted that the full list of recommendations would be made available for the Council's next meeting.

No detailed proposals, specific fee amounts, or changes were presented at this meeting, and no vote or formal action was taken. The item was informational in nature, serving primarily to notify the Council that the fee schedule review was underway and that substantive discussion would follow at a future session.

Time Limits on Building Permits

7:37

The Council took up a discussion on whether the Lexington-Fayette Urban County Government (LFUCG) has the authority to place time limits on the completion of projects that have been issued building permits. Key speakers on this item were Richard Moloney and David Barbary.

The discussion centered on the legal options available to the government for enforcing project completion timelines once a building permit has been granted. According to the legal opinion presented, LFUCG's options in this area are limited due to constraints imposed by state law, meaning the local government may not have broad authority to independently establish or enforce such time limits on permitted projects.

The item was informational in nature, with no formal action taken or vote recorded. The discussion appears to have served as a briefing for Council members on the legal landscape surrounding this issue rather than a deliberation toward an immediate policy decision.

Increased Fines on Zoning/Building Permit Violations

7:37

The Council took up a discussion regarding potential increases to fines associated with zoning and building permit violations. Key speakers on this item were Council members Blues and Beard.

The discussion centered on two related areas of concern: the time limits currently associated with zoning and building permits, and the level of fines imposed for violations of those permits. The Council considered whether existing fine structures and time limit provisions were adequate or whether changes were warranted to better enforce compliance.

Rather than making immediate changes to the fine schedule or time limits, the Council determined that the matter warranted further review and deliberation before any formal policy changes were adopted. As a result, the Council moved to establish an ad-hoc committee specifically tasked with examining possible changes to both the time limits and the fine amounts associated with zoning and building permit violations.

The motion to establish the ad-hoc committee was approved. The committee will be responsible for reviewing the current framework and returning with recommendations for any adjustments deemed appropriate.

Heritage Tree Program

30:22

The Council took up Agenda Item 4, a discussion regarding the Heritage Tree Program. CM James was the primary speaker on this item, raising concerns about the program's readiness to move forward in its current form.

CM James indicated that more time was needed to get the program properly up and running before formalizing it through legislation. Rather than adopting an ordinance at this stage, CM James suggested that a resolution or recognition would be a more appropriate vehicle for the program at this point in its development.

The item was ultimately withdrawn, reflecting the Council's agreement that the program was not yet ready to proceed as originally structured.

Courthouse Area Design Review Recommendations

37:13

The Council took up Agenda Item 5, a discussion of proposed changes related to Courthouse Area Design Review Recommendations. Key speakers on this item were Billy Van Pelt and Mike Meuser.

The discussion centered on two proposed changes to the ordinance:

• No demolition until all appeals are complete — A provision that would prohibit demolition of structures in the Courthouse Area until any and all appeal processes have been fully exhausted.
• Roof inspections — A requirement that roof inspections be conducted as part of the design review process.

Following discussion of these proposed changes, the Council approved the item.