Bill Would Upend Lexington Planning

Neighbors,

Please oppose House Bill 346, Senate Floor Amendment 1.  

The bill as amended would take away the LFUCG Planning Commission’s authority over final development plans, would greatly harm Lexington’s new Comprehensive Plan, and would have the practical impact of opening Lexington’s Urban Services Boundary.  Essentially, new land would have to be made available for development at a rate consistent with development over the past ten years.  Please help to oppose this bill by objecting to its passage immediately!     

The easiest way to oppose the Senate Floor Amendment would be to call 800-372-7181 and leave a message for all Senators that you object to it.  You can use the language in the first paragraph above if you wish, or you can simply state that you oppose it.  Either method registers your objections.  

After that, be alert to find if the Senate passes the bill with the Floor Amendment, and if so, call the same number again and leave the same message for all House members.

You can also contact your own Senator and House Member by emailing them via www.lrc.ky.gov.  Look at the key on the bar at the top page and click on “Legislators.”

The SFA sponsor is Senator Jared Carpenter from Berea.   A small part of his district is in Fayette County.

Please also contact your neighbors and friends and ask that they also protest the legislation.  This bill would represent a terrible setback to the interests of planning and reasonable development in Fayette County.    Thank you for your prompt action.  

Walt Gaffield, President, Fayette County Neighborhood Council

Follow Up from the GRI Board

The owners and developers of the Greenbrier subdivision, doing business as the Greenbrier Co, envisioned the first subdivision in Fayette County to be built around a golf course. As recorded in various volumes in the Fayette County Clerk’s office, construction was approved in September of 1970, and evolved in sections over the next decade.  Concurrent with construction, the owners of the Greenbrier Co. established Deed Restrictions,   also referred to as “covenants” or “Protective Restrictions”,  to govern the character of their subdivision by specific design features and criteria.
Though the intent of these DRs is clear, their enforcement is not. Why? Because Greenbrier has a Neighborhood Association (NA) with voluntary dues, unlike the more recent subdivisions governed by Home Owners Associations (HOAs) with mandatory fees.  Enforcement of those DRs under HOAs is simple: homeowners know there will be stiff penalties for non-compliance, either by fines, liens or both.
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ND-1 Overlay Petition Drive Launches

Greenbrier ND-1 Areas

Greenbrier ND-1 Areas


 
This PETITION will be mailed with a SASE to all large lot property owners including those residing at the following addresses:
2186-2298 Bahama Road (even)
2203-2299 Bahama Road (odd)
1693-2033 Bahama Road (odd)
1684-2026 Bahama Road (even) 2358-2384 Walnut Grove Lane
2703-2728 Barbados Lane
3612-3701 Cayman Lane
3776-3793 Jamaica Court
3778-3794 Katkay Drive
2707-2739 Martinique Lane
3500-3520 Trinidad Court
3184- 3201 Tabago Court
Your GRI Board agrees this designation will – among other positive attributes:
1) Discourage conflicts related to construction of chain link fencing, above ground pools & accessory structures
2) Enhance property values, and
3) Foster pride in our neighborhood’s future.
Obtaining an ND-1 Overlay requires significant neighborhood input and support. PLEASE DO YOUR PART!
REMINDER! If your property has an accessory structure currently in place, it will not be affected by the Overlay, but will be considered as “nonconforming use” and grandfathered into the coverage.


PETITION
We, the undersigned, are owners of these properties in what is designated as Area 1 on city maps, a section of Greenbrier Estates comprised of 145 large residential lots in the city of Lexington, Fayette County, Kentucky. Units 3A & 3B of Greenbrier, Area 2 on city maps, have already received ND-1 Overlay Zoning that includes the three (3) restrictions listed below. At this time, we request the LFUCG expand this ND-1 Overlay coverage to include our properties in Area 1, to make this part of Greenbrier compatible with other Greenbrier units, and to maintain the integrity of the Greenbrier subdivision.
THE RESTRICTIONS WE NEED ARE:
1. No unattached building additions permitted. This would include, but would not be limited to garages, storage sheds, or any type of shed or building detached from the side or the rear of the house.
2. Above ground pools are not permitted. All pools would need to be constructed so that the water inside the pool is no higher than ground level.
3. All fences must be set back at least as far as the front of the house. Fencing materials cannot include those used to construct what is commonly known as “chain link” fencing.


Please sign, address and return in the enclosed, stamped envelope. Property owners will be notified of the LFUCG’s decision as to whether or not the Planning Commission will allow this PETITION to proceed.

Development Hearing June 8, 2017

A Development Plan Hearing is scheduled for Thursday, June 8, at 1:30 PM.  The meeting location is the LFUCG Council Chambers.  This sign is posted at the intersection of Walnut Grove and Cayman Lane.  The scope of the hearing is not know at this time.  When additional information is received it will be posted.
Update:  An amendment has been proposed to make changes in the recreational trail system.  The surface would change from hard scape to turf.  The Planning Commission would not normally be the venue for this issue.  It was brought before the Commission as this may impact handicapped users of the trails and to discuss responsibility for maintaining the turf.
Information on the trail system is available from:  https://www.lexingtonky.gov/trails

Public Hearing June 8, 2017

Bill Requiring Bond for Zoning Appeals is Filed

House Bill 490, sponsored by Representative Jerry Miller, would require posting of a bond by a non-governmental party to seek judicial review of a zoning decision by the Kentucky Court of Appeals.
Under the bill, an individual or neighborhood association would have to prepay a bond before appealing to the Court of Appeals.  If the appeal is unsuccessful, even though the appeal was neither in bad faith nor frivolous, the bond would be forfeited.
The bill has been assigned to the House Local Government Committee, which is chaired by Representative Steve Riggs.  If you wish to comment, please call 1-800-372-7181 and leave a message for “all members of the House Local Government Committee” regarding House Bill 490.

LFUCG Meeting On Zoning Change set for Tuesday, September 22

The Urban County Council has scheduled a public hearing on a request for a zone change in our neighborhood.
This application was previously submitted by North Forty Properties, LLC., for property with an address of 1551 Deer Haven Lane.  The zone change involves a request from an EAR-1 to an EAR-2 zone.
The Urban County Council has decided to hold a public hearing on this request to afford the public an opportunity to comment upon this proposal. The Council’s public hearing has been scheduled for Tuesday, September 22, 2015, at 6pm in the Council Chambers, 2nd Floor, Government Center, 200 East Main Street.  Call Bill Sallee or other member of the Planning staff for more info at 258-3160.
Why is this public hearing important? First, because the developers applied for more density in spite of previously agreed upon mandates of the Expansion Area Master Plan (EAMP); second, because several surrounding neighborhoods were never notified of this request; third; because concerned neighborhoods who wanted  a postponement of this request to study the effects more density would have on them were ignored by the developers; and finally, because the Planning Commission, chaired by Mike Owens acting upon a motion by builder Mike Cravens, also ignored concerned neighbors seeking a postponement of this request.
Both GRI Board member Marcia Stanhope and GB neighbor Susan Enlow attended the meeting of the Planning Commission and were concerned with the attitude of the PC towards neighborhoods. IMO, we may not stop this density zone change request, but we can make our voices heard as a valid constituency of this community. We have every right to fully understand the ramifications of any zone change which may not be in compliance with the EAMP affecting our neighborhood and the neighborhoods around us.
Your Greenbrier Residents, Inc. (GRI) Board needs as many neighbors as possible into attend this public hearing. More details about how you can participate will follow! Thanks! Mariana Moore Marye, Pres.

Proposed Zoning Change Near Greenbrier

This Thursday, July 23, the Planning Commission will hear a request to approve a zoning change for two parcels of land that are part of the old farm which was located on what is now Deer Haven Lane.   This property is actually closer to Walnut Grove than the old farm address suggests.  The 2013 Comprehensive Plan recommends that this property be classified as a mix of Expansion Area Residential Zone 1 (EAR-1) and Conservation.  The proposed reclassification is EAR-2.  Under the current classification, from one to three residences may be constructed on an acre of land.  Under the proposed reclassification, up to six residences may be constructed per acre. The proposed change will have the effect of increasing housing density by a factor of 2 to 6 times.  The changes will also allow the construction of boarding houses, rehabilitation homes, nursing homes, rest homes and assisted living facilities.  The developer proposes to construct 225 homes on one parcel of land and 356 homes on the second parcel, with an average density of 4.77 homes per acre.  This hearing will involve more than 120 acres of land.
While flyers were distributed to the nearest neighbours, thus satisfying the minimum legal requirement of notification, no signs are posted on Walnut Grove Lane, Deer Haven Lane or on the streets connecting to Polo Club Boulevard.
For additional information on EAR-1 (page 256 of 327) and EAR-2 (page 257) consult the  following link:
Zoning Ordinance, Lexington – Fayette County
Drastically increasing density will obviously affect existing neighborhoods in many ways, including Greenbrier.   Residents are urged to send an e-mail to LFUCG Planning Office, seeking a postponement of these requests until we get more information about how this zoning change will impact us.  If you can attend this Thursday afternoon’s meeting, even better. The meeting will be held in the Council Chambers on the second floor of the LFUCG Government Center on 200 East Main Street at 1:30 PM.
The e-mail for the Planning Commission is:
PlanningMailbox@lexingtonky.gov
Click for: the Planning Commission Meeting Agenda.