The Development Handbook

FROM THE CITY OF LEXINGTON’S DIVISION OF PLANNING...

The Development Handbook

Special thanks to our Development Handbook Advisory Panel who represent a broad range of interests in & contributions to the Lexington community Dennis Anderson Anderson Communities

Johan Graham AU Associates

Shayla Lynch Lexington Fair Housing Council/Ampersand

Russ Barclay Lexington Community Land Trust

Blake Hall Kenwick Neighborhood Association

Kris Nonn NoLi CDC

Nathan Billings Billings Law Firm

Erin Hathaway Gresham Smith

Kerry Churchill Nurse, Universal Design Advocate

Andy Haymaker Haymaker/Bean Commercial Real Estate

Mike Scanlon The Zenith Company, Former Vice Mayor

Ginny Daley Burley American Neighborhood Resident

Ed Holmes EHI Consultants

Jo Gawthrop Distillery Heights

Justin Kirchner Lexington Community Land Trust

Liz Sheehan District 3 Councilmember Richard Young Civic Lex

This document was created and distributed by the City of Lexington’s Division of Planning. With input from community advisors and information from outside research, this document was designed and composed in its entirety by the City of Lexington’s Division of Planning Staff and reviewed by the Planning Commission Important Dates for Publication: Final Advisory Group Meeting - June 30, 2021 Presented at Planning Commission Work Session - July 29, 2021 Initial Publication - August 9, 2021 Public Release - October 1, 2021 Illustrations used throughout the document are adapted from work by artist Andrew Rybalko.

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CITY OF LEXINGTON - DIVISION OF PLANNING

What is the Development Handbook?

The first edition of this handbook was released by the Division of Planning in 2009.

Originally titled the Developers’ Handbook, the document was created with the purpose of providing developers an introduction regarding how the development review process generally unfolds in Lexington-Fayette Urban County. Since its initial publication, the Developers’ Handbook has served as a resource to supplement the necessary consultations between development professionals and Planning Staff, particularly the case managers assigned to process applications. Periodic revisions to the document have been made as the result of small shifts in the planning review process or, in some cases, feedback from the development community and the public.

The last update to the Developers’ Handbook took place in 2017.

In the summer of 2020, conversations about a major update to the handbook began.

With the adoption of the 2018 Comprehensive Plan, which incorporated a new development tool called The Placebuilder, as well as a growing focus on how to make the development process more accessible to the public, it was clear that the contents of the extant Developers’ Handbook were in need of revision.

Inspired by the stakeholder engagement model used to inform the Division of Planning’s Public Engagement Toolkit, Planning Staff formed an advisory panel of local individuals representing a broad range of interests, including development professionals and neighborhood representatives. This advisory panel reviewed Lexington’s planning processes for legibility, transparency, and ease of access – informing Staff on ways to better present the information for both professional and public purposes.

The leading step in achieving this update came in the renaming of this document from the Developers’ Handbook to the Development Handbook. Such a change reflected the intention to have this document be more inclusive of those engaging in the development process who might not identify as a development professional.

Significant changes were made regarding how the various planning processes are outlined and presented. The layout of this document breaks down each process “step-by-step” and includes visual cues and cross references to related documents.

There is also added notation to indicate the various roles involved in each step of the process, which was added, in part, as a mechanism to show members of the public where they may be included as both observers and participants at various points.

This major update shifted the focus of the Handbook. The purpose of the Development Handbook is to: make the development review process more accessible and better for all members of the public and developers; provide guidance and information on planning processes to meet the needs of new and experienced developers; and increase transparency and legibility for the public.

DEVELOPMENT HANDBOOK

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How can I use the Development Handbook?

You do not need to be an experienced developer to use the Development Handbook. This handbook intends to serve developers, whether new, experienced, or “still learning” when it comes to our various processes.

It also can serve as a compass for other community stakeholders, such as neighborhood groups interested in following (or initiating!) a development application or local leaders looking to better understand the operations that help to form the community they serve.

I AM INTERESTED IN...

RECOMMENDED SECTIONS AND PLANNING RESOURCES

The basics of planning and the development process

Development Overview and associated subsections (p. 1-9)

Identifying which application type and process I am pursuing

Section Summaries (p. 1-6) Planning Processes: Overview (p 1-10)

Learning how the Division of Planning is organized

Planning Staff & the Development Review Network (p. 1-12)

When approaching this handbook, whether for the first or fiftieth time, treat it as if it is a choose your own adventure book, rather than as a cover to cover guidebook. The journey will be different depending on the desired outcome of your project.

Decoding development / planning jargon

Key Development / Planning Terms (1-26) Urban Design Decoder

Step-by-step guidance on a specific planning process

02. Board of Adjustment (p. 2-1)

Within each section, the Division of Planning has provided both visual process diagrams and step-by-step information on the most direct path to approval for each type of Planning case. Note that the pathway illustrated in each section shows a project that reaches eventual approval, though there are variations that can influence the journey and time frame for a specific application. For each of the simplified processes outlined in this handbook, there exists a detailed, comprehensive workflow of that process. Those can be found on the Planning Resources page of the Planning website- lexingtonky.gov/ planning-resources.

To get started, the table to the right may direct you to the section that will be most useful. Once you’ve selected a section, such as Section 04 Development Plan, you can “tear out” that section and use it as a stand-alone guide to meet your specific goals.

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Seeing which committees and decision- Application Review & Decision Matrix making bodies make recommendations (p. 1-14) on different application types

03. Subdivision Plan (p. 3-1) 04. Development Plan (p. 4-1) 05. Zone Change Request (p. 5-1) 06. Text Amendment (p. 6-1)

Points in the development process where I may provide public input on a current or future application* (Tip - look for the yellow box

)

Board of Adjustment Process Diagram (p. 2-2) Subdivision Plan Process Diagram (p. 3-2) Development Plan Process Diagram (p. 4-2) Zone Change Request Process Diagram (p. 5-2) Text Amendment Process Diagram (p. 6-2)

Methods of conducting meaningful engagement with the community during the development process

The Public Engagement Toolkit (link will take you to an external resource)

Reviewing the handbook to provide feedback based on my experiences as a development professional or member of the public

Please send any feedback to the Division of Planning - imagine@lexingtonky.gov

Summary of referenced plans, studies, and other documents (links included)

Summary of References (Appendix III p.

A-19)

CITY OF LEXINGTON - DIVISION OF PLANNING

OUR RECOMMENDED APPROACH: Step 1: Identify Your Needs

Determine the short- and long-term needs for your project based on initial site conditions. These should be based on your end goals for the site.

Step 2: Orient Yourself

Use the chart to the left or review the table of contents on page 1-6 to determine where to start.

Step 3: Review Relevant Sections

Review the diagram and/or step-bystep outline for the process most relevant for your starting goals - this can be done to prepare for your meeting with Planning Staff or to set expectations about your project.

Step 4: Consult with Planning Staff

Talk with your case manager or other Planning Staff member about your project. This step can be done prior to or concurrently with steps 1-3.

INTERPRETATION & COLOR GUIDE FOR PROCESS ROLES:

Each planning process outlined in this handbook is carried out by individuals and groups serving in various roles. To indicate the roles relevant to each process, a color-coded key was developed. At the beginning of each section, there is a color band to indicate all roles that appear at least once in the process. Within each process section, roles will appear beneath steps on which direct action is taken.

Examples of Color Bands Color Key for Each Process Role: Division of Planning

Applicant

Mixed Planning Staff

Planning Services

Related LFUCG Divisions and Partner Agencies

Public

Committees

Building Inspection

Division of Engineering

Urban County Council

Board of Adjustment

Court

Decision Making Bodies

Planning Commission

SYMBOLS TO NOTE THROUGHOUT THE HANDBOOK: Additional Resource Box

There are certain points of the process that warrant crossreferences to other relevant documents and resources. [These boxes provide further description, address common questions, and provide additional direction.]

Supplemental Info Box

The pink boxes placed throughout the Development Handbook intend to provide further description and/ or clarification on various elements.

These may be of most help to those new to the process, such as a developer or member of the public.

LEX There are certain steps of our development process that are unique to Lexington, many of which serve to provide the developer with further guidance and plan review. These sections are marked with a blue “LEX” flag and leader line.

Text and page numbers highlighted in green indicate a link to an internal page/section of the Development Handbook.

Links are clickable if viewing digitally. Text with a standard blue hyperlink lead to external sites/documents. Full URLs for external links are listed in the “Summary of References” section in Appendix III.

DEVELOPMENT HANDBOOK

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Section Summaries 01 DEVELOPMENT OVERVIEW

Planning Processes: Overview....1-10 Planning Staff & the Development Review Network...........................1-12

This section intends to provide useful direction when getting started with an application and equip readers with insights and resources that may be helpful when shepherding or tracking a project through the process.

Application Review & Decision Matrix..............................................1-14

After determining the short- and long-term goals of the project, the Applicant should orient themselves to the most relevant development process with which to start. Part of this orientation may require gaining additional context on the characteristics and structure of development in Lexington. While Lexington’s development processes are similar to that of other communities, there are some unique aspects that may not be familiar to a new or out-of-town applicant, specifically in relationship to our robust development review network.

• What is a zone?

• Our Committee Structure • Steps to Avoid Stumbling Blocks • The Comprehensive Plan • Application Basics • Additional Site Considerations

02 BOARD OF ADJUSTMENT

Key Terms......................................1-26

Planning Processes: Board of Adjustment......................................2-2

In some cases, exceptions to existing land use regulations are requested to accommodate the goals of a development. The Board of Adjustment (BOA) exists to review and grant such requests from an applicant.

These come in three forms: 1) a variance to change a required dimensional element of the property, such as the height, width, or location of structures, or the size of yards and open spaces; 2) a conditional use request for a use which is specifically named in the Zoning Ordinance, that may be suitable only in specific locations in the zone, if certain conditions are met; 3) an administrative appeal to ask for relief from a decision made by the Division of Planning or Division of Building Inspection in the enforcement of the Zoning Ordinance. Any BOA application could include one of more of these types.

03 SUBDIVISION PLANS

Prepare Application.......................2-4 Professional Reviews & Processing........................................2-6 Public Hearing.................................2-8

Planning Processes: Subdivision Plats & Plans....................................3-2

A subdivision is the division of a parcel of land into two or more lots or parcels for the purpose of sale, lease, or building development. Subdivision plans contain lot layout and required infrastructure, such as streets and sanitary sewers, on an undeveloped piece of property. There are two classes of subdivision plans –major and minor– that determine requirements for a project.

Major subdivision plans depict changes to lotting or infrastructure that are significant to the community’s development, whereas minor subdivision plans are not considered to be significant. There are three types of major subdivision plans – preliminary subdivision plans, improvement plans, and final record plats (AKA final subdivision plans). A final record plat depicts all substantially complete infrastructure improvements and legal lotting on the site.

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Lexington Development Basics..1-16

Preliminary Subdivision Plan........3-4 Infrastructural Improvement Plan..................................................3-13 Final Subdivision Plan...................3-14 Surety Release...............................3-16 Minor Subdivision Plan................3-18

CITY OF LEXINGTON - DIVISION OF PLANNING

04 DEVELOPMENT PLAN

Planning Processes: Development Plans..................................................4-2 Preliminary Development Plan....4-4

A development plan may be utilized for a wide variety of planning related procedures. There are three types of development plans: Preliminary Development Plan – Typically included with a zone change request; provides conceptual depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning.

Final Development Plan...............4-12 Certificates, Permits, & Inspections.....................................4-13 Minor Development Plan Amendments.................................4-14

Final Development Plan – Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site. No building or occupancy permits can be issued without a Planning Commission approved and certified plan.

Minor Development Plan Amendment – Expedites approval in those situations where amendments of a development plan are of minor significance and generally relate to the shifting of previously approved spaces.

05 ZONE CHANGE REQUEST

Planning Processes: Zone Change Request............................................5-2 Prepare Application.......................5-4

A zone change, commonly referred to as a Map Amendment Request (MAR), provides the Applicant a means to change the zone of a property to accommodate a desired use or different residential density. The proposed amendment may only originate with the Planning Commission, the Urban County Council, the owner of the subject property, or by a person having written authorization for the owner of the subject property.

Professional Reviews & Processing.......................................5-8 Public Hearings & Legislative Review............................................5-12

The most common types of zone change requests involve site-specific rezoning, though there are procedures outlined for potential areawide rezonings as well.

Such changes are subject to review by the Planning Commission, with final action on the rezoning resting with the Urban County Council.

06 ZONING ORDINANCE TEXT AMENDMENT

Zoning Ordinance Text Amendments (ZOTAs) differ from zone changes in that they are typically broad policy changes within the Zoning Ordinance and are not tied to a specific property.

Planning Processes: Zoning Ordinance Text Amendment.......6-2 Prepare Application.......................6-4 Professional Reviews & Processing.......................................6-7 Public Hearings & Legislative Review............................................6-10

These proposed changes are based on the needs of the community as a whole.

Some examples of ZOTAs that were adopted in recent years include: •

Modifications to the allowable floor area ratio and lot coverage in multiple residential zones

•

Changes to parking requirements for mixed-income housing developments

A proposal for a ZOTA may originate with any person or governmental body.

Each application is subject to review by the Planning Commission, with final action on the amendment resting with the Urban County Council.

DEVELOPMENT HANDBOOK

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CITY OF LEXINGTON - DIVISION OF PLANNING

01:

Development Overview

Outline of Planning Processes........................................................................................................1-10 Planning Staff & the Development Review Network.................................................................1-12 Application Review & Decision Matrix.........................................................................................1-14 Lexington Development Basics......................................................................................................1-16 • What is a zone?

• Our Committee Structure • Steps to Avoid Stumbling Blocks • The Comprehensive Plan • Application Basics • Additional Site Considerations Key Development/Planning Terms................................................................................................1-26

DEVELOPMENT HANDBOOK

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Planning Processes: Overview Before moving on to the appropriate plan review process, the Applicant should consider the broader framework of development challenges and opportunities presented by the site. This involves collecting details on property or properties, such as ownership information and current zoning classification(s), as well as determining the overall goals and intended use(s) for the project. Once this framework has been evaluated by the Applicant and their team and a proposed development concept is created, he or she may move on to determine the type of plan or amendment required to begin the review process.

The type of plan required depends on many factors, and generally relates to: 1. The level of detail needed for review 2. The stage in the process a particular project is at 3. Whether or not a property is intended to be subdivided into smaller lots.

For principal permitted uses and accessory uses, on recorded lots with no zone change involved, it is often possible to go directly to the Division of Building Inspection with the submittal of site plans, construction plans and other documents needed to obtain a building permit. In other situations, a development plan or a subdivision plat will have to be submitted to the Division of Planning for review by the Planning Commission or by the Planning Staff.

Note, Zoning Ordinance Text Amendments (ZOTAs) are not highlighted in this diagram. This is the result of the ZOTA process being largely separate from the development review processes. As mentioned in the summary, ZOTAs differ from map amendment requests in that they are typically broad policy changes within the Zoning Ordinance and are not tied to a specific property.

PROCESSES IN ORDER OF LEAST TO MOST INTENSIVE: 1. Board of Adjustment (1–3 months) 2. Subdivision Plan - Planning Commission (1–3 months) 3. Development Plan - Planning Commission (1.5–3 months) 4. Zoning Change Request - Council (4–6+ months) Yes

Times are approximate and may vary by each application.

Yes

Yes

Desire to Develop Property

Is the lot recorded?

Own property or under appropriate contract?

Is the intended land use allowable in the existing zone?

No

No

No

Consult County Clerk’s Office

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Acquire Property or Memorandum of Understanding

CITY OF LEXINGTON - DIVISION OF PLANNING

PROCESS ROLE COLOR GUIDE

Roles will be noted exclusively on both long-form and abbreviated process diagrams Division of Planning

Applicant

Related LFUCG Divisions and Partner Agencies

Public

Mixed Planning Staff

Planning Services

Urban County Council

Board of Adjustment

Court

Committees

Building Inspection

Division of Engineering

Decision Making Bodies

Planning Commission

See Board of Adjustment Process Conditional

With which zone category does the intended land use align?

See Subdivision Process

No Principle/ Accessory

Yes

Does the intended land use meet the requirements of the Zoning Ordinance?

Does the land require a subdivision plan?

No

Yes

Yes

Secure Zoning Compliance Permit from Div. of Planning

See Development Plan Process

Is a development plan required?

No

Consult Other Divisions/Orgs

See Zone Change Process

DEVELOPMENT HANDBOOK

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Planning Staff & the Development Review Network Planning Staff are the primary contacts for developers navigating their way through the applicable development review process, and for the required Planning Commission or Board of Adjustment Public Hearing or Meeting. Typically, a preliminary meeting with Planning Staff is required for a Zoning Map or Zoning Ordinance Text Amendment, to cover the following:

Long-Range Planning -

•

Explanation of the Applicant’s requirements – particularly assembly of property information and application materials, compliance with the extensive notice requirements, and process milestones requiring either meeting involvement or revision to the application

Planning Services

Expectations of Planning Staff’s responsibilities – guiding the case through the application process, including document review and preparation of oral and written reports for the Planning Commission or Board of Adjustment.

Transportation Planning

•

Develops Lexington’s long-term visionary plans, such as the comprehensive plan, and outlines the framework for implementation.

Manages applications, reviews, staff reports, and presentations tied to all Division of Planning processes.

Operates under the Lexington Area Metropolitan Planning Organization to develop plans and policies that inform decision-makers on transportation matters.

THE DIVISION OF PLANNING STAFF

Zoning Compliance Ensures continued compliance with local zoning codes and regulations throughout the community, with new and existing developments.

Administrative Specialist Principal

Planning Director

For specific contacts please see the staff directory at https://www.lexingtonky.gov/ departments/planning or call the Division of Planning’s main number (859) 258-3160.

Long-Range Planning Manager

Planning Services Manager

Transportation Planning Manager

Zoning Compliance No Manager Position

Administrative Officer

Administrative Officer

Administrative Officer

Senior Officer

Senior Planner(s)

Senior Planner(s)

Senior Planner(s)

Zoning Enforcement Officer(s)

Planning Tech(s)

Planner(s)

Planner(s)

Administrative Specialist(s)

Administrative Specialist(s)

Administrative Specialist(s)

Administrative Specialist(s)

Staff Assistant Senior(s)

Case Managers - Primary contacts during the applicable development review process

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CITY OF LEXINGTON - DIVISION OF PLANNING

LFUCG DIVISIONS & PARTNER AGENCIES / COMMITTEE MEMBERS In addition to the guidance from the Division of Planning, professional representatives from other LFUCG division and development-related fields are called to review different aspects of a plan or an appeal to ensure it is fully functional and in compliance with the various standards and regulations that guide development.

Become a board or commission member

LFUCG allows members of the public to apply for vacant positions on any of the 70 local boards and commissions, some of which are directly involved in the development review process.

Division of Environmental Services

Lexington Police Department

Division of Traffic Engineering

Landscape Review Committee

Division of Engineering

Board of Architectural Review

Kentucky American Water

Division of Fire and Emergency Services

Courthouse Area Design Review Board

Columbia Gas

Division of Parks and Recreation

Historic Preservation Commission

U.S. Postal Service

Division of Waste Management

Paris Pike Corridor Commission

Health Department

Division of Building Inspection

Royal Springs Water Supply Protection Committee

Fayette County Public Schools

Division of Water Quality

Windstream

Kentucky Transportation Cabinet - District 7

Addressing/E-911 Office

Kentucky Utilities

USDA - Natural Resources Conservation Service

DECISION MAKING BODIES Planning Commission The Planning Commission advises the elected officials on matters related to both shortand long-term community planning. They vote to approve subdivision plats and development plans and make recommendations to the Urban County Council for zone change requests and zoning ordinance text amendments.

The Planning Commission also reviews and adopts Lexington’s comprehensive plan and other long-range plans and studies.

DEVELOPMENT HANDBOOK

Board of Adjustment The Board of Adjustment (BOA) reviews and grants dimensional variances, conditional use permits, and changes in non-conforming uses when deemed appropriate for a specific site. They also conduct administrative reviews, which involves the hearing of appeals resulting from the Division of Planning or Building Inspection in the enforcement of the Zoning Ordinance. BOA decisions are subject to appeal to Circuit Court.

Urban County Council A local legislative body made up of elected officials that determine the tone, policies, and regulations related to planning in Lexington. The Urban County Council reviews the recommendations on zone change requests and text amendments passed down by the Planning Commission and makes an official decision. The Council also confirms Mayorappointed Planning Commission and BOA members.

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Application Review & Decision Matrix This matrix indicates how the necessary bodies for reviews, recommendations, and decisions relate directly to the development type the Applicant is seeking. The types are ordered from least to most time intensive and progress through the respective reviewer and decision-making bodies in order of left to right.

Recommendations take the form of approval, approval with conditions, approval subject to development plan, postponement, referral, or disapproval (see each process for where each specific wording applies).

Planning Staff

Variance, Conditional Use, Administrative Appeal Preliminary Subdivision Plan

Committees

Planning Services Staff

Mixed Planning Staff

Review.

Review.

Provide a Provide a recommendation to the recommendation to the BOA. BOA.

Review.

Provide a recommendation to the Committees and Planning Commission.

Review if associated with a Zone Change request.

Provide a recommendation to the Committees and Planning Commission.

TYPE

Review.

Final Subdivision Plat

Development Plan

Zone Change Request & ZOTA

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Provide a recommendation to TRC, Subdivision Committee, and Planning Commission.

Review.

Provide a recommendation to the Committees and Planning Commission.

Review.

Technical Review Committee (TRC)

Subdivision Committee

---

---

Review.

Provide a recommendation to the Subdivision and/ or Zoning Committees and Planning Commission.

Review.

---

Review if associated to a Zone Change Request.

Provide a recommendation to the Committees and Planning Commission.

Provide a recommendation to Subdivision Committee and Planning Commission.

Review.

Provide a recommendation to Planning Commission.

Review if land is agricultural or waivers are requested.

Provide a recommendation to Planning Commission.

Review.

Review.

Provide a recommendation to the Subdivision and/ or Zoning Committees and Planning Commission.

Provide a recommendation to Planning Commission.

---

---

Review.

Provide a Provide a recommendation to recommendation to Zoning Committee and Zoning Committee and Planning Commission.

Planning Commission.

CITY OF LEXINGTON - DIVISION OF PLANNING

BODY Decision-Making Bodies Zoning Committee

Board of Adjustment

Planning Commission at Subdivision Public Meeting

Planning Commission at Zoning Public Hearing

Council

---

---

---

Review.

Review if associated to a Zone Change Request.

Review.

---

Consider recommendations and produce a decision.

Review.

Provide a recommendation to Planning Commission.

---

Review if associated to a Zone Change Request.

Provide a recommendation to Planning Commission.

---

---

Consider recommendation and produce a decision.

Review if land is agricultural or waivers are requested.

Consider recommendations and produce a decision.

Review.

---

Consider recommendations and produce a decision.

Review.

Provide a recommendation to Planning Commission.

---

DEVELOPMENT HANDBOOK

---

Consider recommendations and produce a decision.

---

Review if associated with a Zone Change request.

Consider recommendations and produce a decision.

---

---

---

Review.

Review.

Provide a recommendation to Council.

Consider recommendations and produce a decision.

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Lexington Development Basics What is a zone?

All land in Lexington-Fayette County is mapped into specific zoning categories. These zones can be found in the Zoning Ordinance Table of Contents, accessible online at https://library.municode.com/ky/lexington-fayette_county/codes/zoning_ordinance.

Zone Changes (aka Map Amendment Requests or MARs) describe applications requesting a property zone change from one use to another. For example, when the Applicant wants to change an area zoned for townhomes to one allowing for a higher density multi-family project.

Each zone is further identified as permitting specific uses. For example, principle (or primary) uses represent the primary use of land that is compatible with the purpose of the permitted zone, such as a corner store in the Neighborhood Business zone.

Accessory uses are clearly incidental and subordinate to the principal use on a lot such as a stand-alone garage or shed. Conditional uses allow a property’s use in a way that is not specifically permitted in the Zoning Ordinance, such as constructing a church in a residential area or allowing in-home child care. Prohibited uses are any uses not listed as a permitted or conditional use, such as a campground in the Downtown Business zone. Principal and accessory uses are generally allowed “by right”, and are pursuable once all requisite permitting is accomplished through the Division of Building Inspection.

There are also a few “overlay” zones accompanying the underlying zoning designations for some select areas, such as local historic districts, agricultural markets, and corridors.

HOW DO I KNOW IF MY PROPERTY’S CURRENT ZONING IS “APPROPRIATE”?

Zoning is the way that municipalities regulate how the types of land uses interact and how our built environment develops. By separating non-compatible land uses and regulating the size and form that developers build their projects, we are able to promote the health, safety, and welfare of all members of the community.

Traditionally, zoning seeks to separate higher intensity land uses, which may create nuisances, from lower intensity land uses. Land uses can broadly be categorized into four separate levels: agricultural, residential, commercial, and industrial. Each has variable levels of intensity and necessitate different levels of zoning regulation.

When trying to determine the appropriateness of current or proposed zoning there are two important questions to ask: What is the context of my property? and What does my community think about my property and the zoning? The first question can be answered by reviewing the surrounding land uses, the public infrastructure, and the historical context. The second question can be answered by reviewing the adopted planning documents (most importantly the Comprehensive Plan), meeting with Planning Staff, and talking to your neighbors.

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What is my zone?

The most accessible way to find the current zone for a specific property is to use the Zone Finder tool hosted on the LFUCG Data Hub. The Zone Finder allows you to search for a specific address in Fayette County and see the zoning, overlays, and parcel information for the queried site.

For detailed parcel information, visit the website of the Fayette County, Kentucky Property Valuation Administrator (PVA) and create a free account. The PVA offers both free and subscription based account options.

If preferred, visit/call the Division of Planning, where the official Zoning Maps are maintained. Written verifications of zoning and zoning compliance can be obtained from the LFUCG Division of Building Inspection.

CITY OF LEXINGTON - DIVISION OF PLANNING

LEX

URBAN SERVICES BOUNDARY

In 1958, Lexington became the first in the nation to establish an urban growth boundary, a decision made, in part, due to the high costs of infrastructure associated with providing urban services to new developments. Urban development in Lexington has been focused within this boundary since it was enacted, which has largely influenced land use policy and regulations to prioritize smart growth strategies such as infill, adaptive reuse, and other methods of creatively developing land within the boundary. Development within the Urban Services Boundary is subject to the policies and regulations within the Zoning Ordinance, the Land Subdivision Regulations, and the Comprehensive Plan.

WHAT? NO FUTURE LAND USE MAP?

Something unique to Lexington among other municipalities in the state will be the absence of a Future Land Use Map. As of the 2013 Comprehensive Plan, the City of Lexington has chosen to move away from a more restrictive parcel by parcel vision for the City and towards a broader vision of swathes of zoning. This helps to provide more flexibility for innovative approaches to maximizing the benefit of our land in a way that prioritizes smart growth.

In place of parcel-specific map designations, Lexington now uses a policy- and criteria-based model that is applied across a range of potential land uses that are not geographically specific. This approach allows for greater flexibility in how the plan is interpreted, which promotes more creative use of land, such as mixed use development or adaptive reuse projects. From an economic perspective, it also allows the market to more effectively influence development to meet demand.

OUR COMMITTEE STRUCTURE

In order to aid the Planning Commission in making the most informed decision for each case, the City of Lexington uses a series of Committees made up of members of City government, development-related utilities, and members of Planning Commission to evaluate specific aspects of each case. This addition to the review process goes above and beyond the state statute (KRS 100) requirements.

Committee One-Pagers

Included within the Public Engagement Toolkit (p. 64-71), these handouts explain the form and function of each development review committee.

What is the Technical Review Committee?

The Technical Review Committee (TRC) focuses on reviewing the technical aspects of a plan with each member focusing on specific items related to their field of expertise. This ensures that a plan is fully functional and in compliance with the various standards and regulations that guide development. The

What is the Subdivision Committee?

The Subdivision Committee functions to review a proposed plan and consider the outcomes of

Technical Committee’s members, and their expertise, are relied upon by the Planning Commission when the Technical Review Committee (TRC), then pass on a recommendation to the full Planning Commission. they make decisions about future development.

Where does TRC fall in the approval process?

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Subdivision (& possible Zoning) Committee Meeting* Planning Commission Hearing Urban County Council Decision* TRC typically meets the last Wednesday of every month, at 8:30 a.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is the first committee review of a plan that will take place following application, usually about 3 weeks after the plan is filed. *The Zoning Committee and the Urban County Council may view and discuss a plan that was filed in conjunction with a zoning change, but do not take any action.

Where does Subdivision Committee fall in the approval process?

Who is on the TRC?

Consisting of a wide variety of professionals from many levels of City government and development-related utilities and other agencies: • • • • • • • • • • • • • • • • • • • •

Division of Planning Division of Environmental Services Division of Traffic Engineering Division of Engineering Division of Fire and Emergency Services Division of Parks and Recreation Division of Waste Management Division of Water Quality Addressing/E-911 Office Lexington Police Department Division of Building Inspection Windstream Kentucky Utilities Kentucky American Water Columbia Gas U.S. Postal Service Health Department Fayette County Public Schools Kentucky Transportation Cabinet District 7 USDA – Natural Resources Conservation Service

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Subdivision (& possible Zoning) Committee Meetings* Planning Commission Hearing Urban County Council Decision*

Postponement

Disapproval

zoning ordinance text amendment, then makes a recommendation to the full Planning Commission.

This committee is composed of six members of the Planning Commission, and representatives of the Divisions of Traffic Engineering and Engineering.

Certain additional members of Planning staff and the TRC may also be present.

This committee usually meets in the morning on the first Thursday of each month, at 8:30 a.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is typically one week following the TRC, and one week prior to the Planning Commission’s meeting devoted to development plan and subdivision requests.

*Committee membership list is available by request from For plans that are submitted in conjunction with a zone Planning staff change request, the Commission’s review is heard at the time the zoning is reviewed, three weeks following the TRC is staffed and facilitated by the Division of Planning, and plans are Subdivision Committee meeting. reviewed on a first come, first served basis on the applicant’s arrival.

Either the applicant or the representative of the applicant, typically *The Zoning Committee and the Urban County Council engineer and/or lawyer, is strongly advised to be at this meeting. A may view and discuss a plan that was filed in conjunction member of Planning presents the basics of each plan and then the with a zoning change, but do not take any action. committee members discuss any specific concerns or issues they found in their review of the plan. Committee members are asked to review the plan and submit any conditions or comments regarding the plan prior to TRC. During the committee’s meeting, TRC How is the meeting run? members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed The Subdivision Committee meeting is organized by an agenda, which is ordered based on the complexity of the to meet the city’s requirements. The TRC members will need to provide a “sign-off” indicating the plan meets all of the discussion items reflected on the staff report. Either the applicant or the representative of the applicant, typically requirements for a particular division, agency or utility if the plan is approved by the Planning Commission. The TRC can engineer and/or lawyer, is strongly advised to be at this meeting. A member of the staff presents the basics of each recommend: plan and the outcomes of the TRC. The committee members discuss any specific concerns or issues they may have.

Referral

The Zoning Committee functions to review any proposed zone change (map amendment requests) or

Who is on the Subdivision Committee?

How is the meeting run?

Approval

What is the Zoning Committee?

During the committee’s meeting, members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

Where does Zoning Committee fall in the approval process?

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Zoning / Subdivision Committee Meetings Planning Commission Hearing Urban County Council Decision

Who is on the Zoning Committee?

This Committee is composed of half of the members of the Planning Commission. Certain additional members of Planning staff may also be present.

This committee usually meets in the afternoon on the first Thursday of each month, at 1:30 p.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is typically one week following the TRC, and three weeks prior to the Planning Commission’s meeting devoted to zoning items.

In most cases, preliminary development plans are submitted in conjunction with a zone change request.

While the Zoning Committee does look at the Preliminary Development Plan, it is utilized as supporting material for the discussion regarding the zone change. The Subdivision Committee makes a recommendation regarding the Preliminary Development Plan.

How is the meeting run?

The Zoning Committee meeting is run based on a first come first serve basis. Either the applicant or the representative of the applicant, typically engineer and/or lawyer, should be at this meeting. A member of the Planning staff presents the basics of each zone change application and the associated development plan, followed by a brief response by the applicant or their representative. The Committee members discuss any specific concerns or issues they may have.

During the Committee’s meeting, members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements, and indicate if additional information is desired for the public hearing.

From here, the plan progresses forward in the process to be reviewed by the Subdivision Committee, or in cases that The Subdivision Committee can recommend: The Zoning Committee can recommend: a Development Plan is associated with a zone change, it will also be discussed at the Zoning Committee the following Thursday (typically the first Thursday of the month). The applicant can choose to make revisions and resubmit to Planning Approval Referral Postponement Disapproval staff prior to the Thursday committee meeting, or the Planning Commission hearing, in hopes of getting to an approval Approval Referral Postponement Disapproval recommendation, if the plan is not there yet.

From here, the plan progresses forward in the process to the Planning Commission Meeting on Subdivision Items, on From here, the plan progresses forward in the process to the Planning Commission Meeting on Zoning Items, on the 4th the 2nd Thursday of the month at 1:30pm in the Council Chambers.

Thursday of the month at 1:30pm in the Council Chambers.

DEVELOPMENT HANDBOOK

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Steps to Avoid Stumbling Blocks There are several steps applicants can take to minimize delays and help the review process go smoothly and productively.

Inattention to these critical needs can lead to costly delays and possibly compromise the overall development proposal’s viability.

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INITIAL SUBMITTALS

A complete initial plan submittal (that is, one containing all of the required information) will greatly expedite the review process that follows. Typical examples of missing information are things like incomplete off-street parking statistics, no “purpose of amendment” statement, confusing building floor area information, no site contours, lack of tree inventory map, and questionable right-of-way details While a few minor omissions can usually be managed through the Committee review process, the cumulative impact of several omissions can cause delays. Just a single substantive omission can stall a project review if not remedied promptly. The Planning Commission can postpone a case’s consideration for up to 90 days, and will do so if they desire additional information.

COMMUNICATION

Good communication between the Applicant and the various local government staff involved in plan review contributes greatly to the pace at which a project progresses. Although it is only required for a zone change or Zoning Ordinance Text Amendment request, a preapplication conference is a helpful way to start with any application. As the review process unfolds, it is essential for the lines of communication to stay open. Plans can change and evolve; therefore, providing consistent information to the government entities involved is of paramount importance. For sites with known constraints, a pre-application (or pre-purchase) consultation with Planning Staff will often provide a good indication of what issues may arise during the review process.

PRELIMINARY RESEARCH

Prior to submitting a plan for review, thorough research is needed to identify critical information relating to the property. Such information includes the location and type of any existing easements, significant environmental features (e.g., wetlands or sinkholes), prior governmental actions (e.g., road projects or variances), and infrastructure suitability (e.g., sanitary sewer capacity).

Failure to identify an important property feature will often result in delays during the review process. Site development may be seriously limited by a number of constraints, including environmental factors, geophysical characteristics, property shape and size, infrastructure deficiencies, and how the property “sits” relative to surrounding properties.

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STAKEHOLDER INVOLVEMENT

It is often beneficial to initiate contact with stakeholders in a particular area prior to submitting a major development plan, zone change, or Board of Adjustment application for formal review. Stakeholders can include everyone from local property owners, renters, businesses, neighborhood associations, and additional community members with a vested interest in the area.

That way potentially significant community concerns can be identified, and a dialogue can be established that might help the subsequent review process go more smoothly.

Failure to engage the community in a positive way may result in costly project delays, and ultimately compromise the proposed development’s overall quality.

MEANINGFUL ENGAGEMENT

The Division of Planning strongly encourages applicants to strive for “meaningful engagement” when working with community stakeholders. This phrase appears multiple times within the Comprehensive Plan and is listed as the first step of the Placebuilder process. But what counts as “meaningful engagement”? What are some of the best practices involved in achieving it?

To answer these questions in the context of Lexington’s development process, a citizen/developer advisory panel worked with the Division of Planning to put together the Public Engagement Toolkit, which serves as a tool for both neighbors and developers seeking guidance on engagement that is, in fact, meaningful.

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CITY OF LEXINGTON - DIVISION OF PLANNING

FROM THE CITY OF LEXINGTON’S DIVISION OF PLANNING...

T

06.11.2020

LKIT

The Public Engagement

Welcome to the Public Engagement Toolkit (PET)!

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Intro

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Finding Common Ground

Why is public engagement important and how can this toolkit help?

What is an appropriate level of public engagement and how do you build consensus?

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Table of Contents

Notification & Informational Materials

What are some ways to get the word out about upcoming engagement?

How can the public remain informed about a project?

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In a Meeting

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Process

Tools for bringing developers & residents together to plan better communities.

How can a meeting be tailored to a community?

How can the Division of Planning’s processes become easier to understand?

Inform

Consult

Involve

Collaborate

Empower

Public Participation Goal

To provide the public with balanced and objective information to assist them in understanding the problem, alternatives, opportunities, and/or solutions.

To obtain public feedback on analysis, alternatives and/or decisions

To work directly with the public throughout the process to ensure that public concerns and aspirations are consistently understood and considered.

To partner with the public in each aspect of the decision including the development of alternatives and the identification of the preferred solution.

To place final decision- making in the hands of the public

Desired Outcome

Keep the public informed.

Keep the public informed, listen to and acknowledge concerns and aspirations, and provide feedback on how public input influenced the decision.

Work with the public to ensure that their concerns and aspirations are directly reflected in the alternatives developed and provide feedback on how public input influenced the decision.

Look to the public for advice and innovation in formulating solutions and incorporate their advice and recommendations into the decisions to the maximum extent possible.

The public’s idea will be implemented.

Relationship to the Planning & Zoning Process

The Inform level of public participation does not actually provide the opportunity for public participation, but rather provides the public with the information they need to understand the agency decision-making process. The Division of Planning's current process already accomplished the "Inform" part of the Spectrum through their rezoning notification process outlined by state and local regulations.

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DEVELOPMENT HANDBOOK

The optimal form of engagement is more likely to fall somewhere between “Consult” and “Collaborate” to foster an open dialogue and a sense of buy-in from the community.

PUBLIC ENGAGEMENT TOOLKIT

CITY OF LEXINGTON - DIVISION OF PLANNING

01. Finding Common Ground

Spectrum of Public Participation

The International Association of Public Participation (IAP2) created a spectrum to illustrate the full range of participant involvement options.

The Planning and rezoning process deals with private property and all of its associated rights, and because of that Empower has limited applications for the purposes of this toolkit.

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The Comprehensive Plan IMAGINE LEXINGTON

The Comprehensive Plan, Imagine Lexington, is the adopted visionary plan for Lexington-Fayette County. It serves as a guide to ensure the development of property meets the community’s vision for the future.

The plan is updated every five years, a process overseen by the Long-Range Planning Section of the Division of Planning. The Goals & Objectives are built upon on the needs and wants of the community through extensive public engagement, and subsequently adopted by the Urban County Council. The Planning Staff and Planning Commission work to craft policies and actionable implementation items from each of those Goals and Objectives. The land use element is subject to approval by the Planning Commission, and the Goals & Objectives are adopted by the Urban County Council.

The plan itself covers flexible yet focused strategies for transportation, land use, community facilities, rural preservation, residential and commercial development, and much more, as Lexington continues to grow.

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PLACEBUILDER

The Placebuilder is a compilation of the urban planning best practices found in the policies throughout this Comprehensive Plan. It sorts these best practices into development criteria that are applicable to proposed developments seeking a zone change. In addressing the development criteria, applicants demonstrate that they are in agreement with the Comprehensive Plan and that their individual developments contribute toward the Goals and Objectives put forth by the community.

The Applicant will be asked to select a Place-Type and subsequent Development Type, which will eventually lead to an appropriate zone. To understand how the Placebuilder criteria apply to a Zone Change request visit the Placebuilder portion of the Imagine Lexington website.

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THE PLACEBUILDER

CITY OF LEXINGTON - DIVISION OF PLANNING

Application Basics ACCELA CITIZEN PORTAL (AKA ACCELA CITIZEN PORTAL)

The Accela Citizen Portal is the Division of Planning’s online development tracking and application tool. All applications for zone changes, land development, subdivision, and building construction are managed, reviewed and processed using Accela software. The goal of the Accela Citizen Portal is to streamline the application process and allow for easier navigation by the development professional and interested neighbor alike. All applications and supplemental materials submitted through the Accela Citizen Portal are searchable and open for public access.

The website provides options for Building Inspection, Engineering, Planning, and Waste Management, but, for the purposes of this Handbook, the discussion will focus solely on the Planning-related content.

Begin completing your application online: •

HEAD TO ACCELA at www.LexingtonKY.gov/plans to search applications or start a new application (for applicants).

•

CREATE AN ACCOUNT by signing into the Accela Citizen Portal from your home or in the Division of Planning office. A user ID and password will have to be established and linked to an email account, which should be recorded for future reference. Creating an account provides access to all the available documents & search parameters on the Accela Citizen Portal.

•

FILL OUT THE BASIC APPLICATION INFORMATION online completely, as prompted. A record number will automatically be assigned to your case, which should be recorded for future reference so that you can easily locate your application online in the event that you need to complete, amend, or supplement it, or want to monitor its progress prior to the actual hearing or meeting.

Each application filed in the Accela Citizen Portal is called a “record,” and a “record TYPE” is how the Accela Citizen Portal refers to and groups these different planning applications. Listed are the relevant record types and their abbreviations: • Final Record Plat - FRP • Map Amendment Request - MAR •

Major Development Plan - MJDP

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Minor Development Plan - MNDP

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Minor Subdivision Plat - MNSUB

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Preliminary Subdivision Plan - MJSUB

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Zoning Ordinance Text Amendment - ZOTA

•

Board of Adjustment - BOA

Search for, save, and track developments of interest

Both the Accela Citizen Portal and AgencyCounter (right) serve as robust search tools that allow users to search for applications of interest. The Accela Citizen Portal search function is highly customizable, allowing users to refine results using a collection of filters such as street address, record type, project name, etc. When a development of interest is located, the user may access supplemental information regarding that application, such as project details, processing status, and related attachments. Accela account holders may also save and track specific applications of interest through the development process.

DEVELOPMENT HANDBOOK

Accela 101 Video

View the Accela 101 Video on the Planning Resources page for a video tutorial on how to get started with the Accela Citizen Portal. This video will walk you through the basics of searching, saving, and tracking applications on Accela.

AgencyCounter from BuildingEye

AgencyCounter, previously known as BuildingEye, allows users to view and search all active planning applications and building permits in an interactive map format. This tool is a supplement to the Accela Citizen Portal, providing a geographic perspective on completed/in-process applications and permits managed by the Division of Planning and the Division of Building Inspection.

With an AgencyCounter account, users may set up a maximum of two (2) local alert perimeters, which may be based on zip code, council district, neighborhood, or a custom area. By setting an alert perimeter, the user will be notified of relevant applications filed in that area.

For each record, AgencyCounter provide information on the following: •

Record source, number, & type

•

Date received

•

Description of request

•

Record Status

•

Record Workflow

The user may access attachments (PDFs of development plans, subdivision plans, etc.) related to the record by searching with the record number on the Accela Citizen Portal.

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Additional Site Considerations

Zone Finder

The most accessible way to find the current zone and overlays for a specific property is to use the Zone Finder tool hosted on the LFUCG Data Hub.

In addition to the City’s regulatory documents and the comprehensive plan, there are various plans and boundaries that have been adopted to guide urban growth, land use management, and context-sensitive development in specific areas within LexingtonFayette County. These plans outline additional considerations that may apply to a potential application if the property falls within one of those sectors.

RURAL SERVICE AREA

Development within the Rural Service Area (RSA) should consider the unique assets offered by Lexington’s agricultural landscape. The 2017 Rural Land Management Plan (RLMP), in tandem with applicable regulations and policies, acts as the primary guide for all rural development endeavors and should be directly addressed in development proposals within the RSA. Due to the differences between urban and rural site considerations, the RLMP is better suited to guide development within the RSA than criteria in documents such as the Placebuilder.

Rural Land Management Plan

The 2017 Rural Land Management Plan acts as the primary guide for all rural development endeavors, along with the policies within Imagine Lexington.

URBAN SERVICE AREA

Growth and development in Lexington-Fayette County is generally contained within the Urban Service Area boundary, which divides the Urban and Rural Service Areas. This boundary was established in 1958. In general, urban development is recommended within the Urban Service Area and is primarily subject to the policies and regulations within the Zoning Ordinance, the Land Subdivision Regulations, and the Comprehensive Plan.

EXPANSION AREA

Expansion Area Master Plan

The Urban Service Area was significantly expanded in 1996. A detailed vision for these “expansion areas” are provided in the Expansion Area Master Plan (EAMP).

The EAMP, along with Article 23 of the Zoning Ordinance, introduces a set of innovative planning concepts intended to ensure development takes place in a more environmentally-friendly and community-oriented manner. Developers must pay very close attention to identified scenic resource areas, special design areas, agricultural and other buffering needs, rural scenic road preservation, and other expansion area provisions as decisions are made about development in this area.

The Expansion Area Master Plan is a regulatory document that is intended to guide growth within the identified expansion areas. See also Article 23 - Expansion Areas Zoning Categories and Restrictions of the Zoning Ordinance.

SMALL AREA PLANS

Small Area Plans

Achieving a neighborhood’s vision may require an informed, strategic approach scaled to that specific community. For this reason, a set of small area plans were adopted as elements of the 2007 and 2013 Comprehensive Plans and have since taken effect in six Lexington neighborhoods. Rooted in extensive community engagement, the small area plans identify community needs, opportunities, and challenges in their respective communities, which help to inform strategies for policy changes and project implementation. Proposed developments within the boundaries of these plans should adhere to the recommendations therein to ensure the results are compatible with the stated vision for that neighborhood.

The six adopted small area plans provide additional guidance for development proposals that fall within across a number of Lexington neighborhoods. These plans are supplemental to the adopted comprehensive plan.

INFILL AND REDEVELOPMENT AREA

Infill and Redevelopment

Adopted as part of the 2001 Comprehensive Plan, the Infill and Redevelopment Area was established. This area of approximately 10 sq miles is centered around Downtown and is subject to special provisions within the Zoning Ordinance designed to inspire development that is compatible and complementary to historical patterns while also increasing density.

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The Infill and Redevelopment Area map shows parcels subject to these special provisions. Projects are monitored by the Infill and Redevelopment Steering Committee.

CITY OF LEXINGTON - DIVISION OF PLANNING

LEGEND RURAL SERVICE AREA URBAN SERVICE AREA EXPANSION AREA SMALL AREA PLANS INFILL AND REDEVELOPMENT AREA

DEVELOPMENT HANDBOOK

Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community

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Additional Site Considerations LOCAL HISTORIC DISTRICTS

Local Historic Districts are areas under official H-1 zoning overlays that overlap the base zone(s), providing special protections intended to preserve the historic character of the area. This warrants a specific review and permitting process for any new or redevelopment, which is conducted by the Board of Architectural Review (BOAR) and/or the Historic Preservation Office. Changes within historic districts require a Certificate of Appropriateness, which may be granted in cases where it is determined that the proposed modifications are in agreement with the Design Guidelines and the new construction or modification is compatible in scale, character, and materials to the historic property.

An application for the establishment of a historic district may be filed by the Urban County Council, the Planning Commission, the owner of the subject property or by a person with written authorization by the owner. The review and public input process is handled in coordination with the Division of Planning, the Planning Commission, and the BOAR. Final review and action is conducted by the Urban County Council.

NEIGHBORHOOD DESIGN CHARACTER DISTRICT

This manual provides guidelines and criteria for “appropriate rehabilitation work, new construction, and demolition in Lexington designated Local Historic Districts.” It outlines for the reader whether or not a Certificate of Appropriateness is needed and, if yes, what is involved in the design review process. See also Article 13 of the Zoning Ordinance.

ZONING ORDINANCE

Neighborhood Design Character Districts are areas under official ND-1 zoning overlays that overlap the base zone(s) with intent to preserve, protect and conserve these areas by allowing for the adoption of specific, measurable design standards customized to a particular neighborhoods needs. ND-1 overlays may be applied to properties that qualify as having a need to protect visual or cultural characteristics that provide a unique identity. Unlike Local Historic Districts, these can be designated in newer areas that might not currently meet standards for H-1 classification.

An application for the establishment of a Neighborhood Design Character District may be filed by the Urban County Council, the Planning Commission, or group of owners. The review and public input process is handled in coordination with the Division of Planning and the Planning Commission. Final review and action is conducted by the Urban County Council.

COURTHOUSE AREA DESIGN REVIEW BOARD

When the new Robert F. Stevens courthouse complex was built in downtown Lexington, at the northeast corner of Main Street and Limestone, a Courthouse Area Design Overlay Zone was created. This overlay zone was established to encourage growth and redevelopment in a core area around the courthouse buildings, while preserving the unique historical features of the area. A detailed set of design guidelines has been adopted, and most development activities in the designated area, whether new or alterations to existing structures, require review and approval by the Courthouse Area Design Review Board.

This review and approval process is separate from those outlined within the Development Handbook, though similar in the steps required. Applicants with proposals for a property or properties within the Courthouse Area must obtain an authorization permit from the Board prior to construction, expansion, and any other exterior changes to existing buildings that extends beyond ordinary maintenance or repairs. The permit is also required for changes/additions of parking lots, sidewalk infrastructure, trees/landscaping, and light fixtures.

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Lexington-Fayette County Design Review Guidelines Manual

Article 29Neighborhood Design Character Overlay Zone

Article 29 outlines the purpose and process associated with the ND-1 overlay as well as the designation criteria that must be met for eligibility.

Design Guidelines for the Courthouse Area

This document provides guidelines for the Courthouse Area that is located in downtown Lexington.

The design guidelines within “provide a basis for making decision about the appropriate treatment of existing buildings, including historic resources, and the design of compatible new construction.

CITY OF LEXINGTON - DIVISION OF PLANNING

ENVIRONMENTALLY SENSITIVE AREAS

Lexington-Fayette County’s environmentally sensitive, areas include floodplains, wetlands, creeks and streams, sinkholes, steep slopes, and tree stands. While some of these features are most prevalent and noticeable in the Rural Service Area, they also routinely play an important role in determining the type of development that is feasible within the Urban Service Area. Protecting and avoiding these features may limit a particular site’s development potential, or necessitate a specific design feature, such as the clustering of residential units.

Environmentally sensitive areas are considered on a regional level as well. The Cane Run and Royal Springs Watershed is located primarily within Fayette County with some portions in Scott County. This watershed contains the Royal Springs Aquifer, which supplies much of the drinking water for the city of Georgetown. Headwaters of this watershed are highly impacted by the addition of urbanized areas, making it essential that environmentally sensitive planning is undertaken for projects that might impact this area. Projects within the Royal Springs Aquifer require special review by the Royal Springs Water Supply Protection Committee.

PARKS AND GREENWAYS

A wide array of parks and greenways, either existing or planned, are distributed throughout Lexington-Fayette County. Within the Urban Service Area, there are several community parks and numerous neighborhood parks, along with many greenways that follow (at least partially) the paths of streams and creeks and other environmentally sensitive areas. The quality and marketing of some developments can be greatly enhanced by taking advantage of this network of green infrastructure, by providing greenway connections and creating opportunities for new parks or park expansions.

Cane Run and Royal Spring Watershed-Based Plan Final Report This report contains a robust amount of information, data, and best management practices that originated from a grant funded project that aimed to develop a watershed-based plan to measure and improve water quality in the Cane Run and Royal Spring Watershed.

Your Parks, Our Future Master Plan

A plan developed by the Division of Parks and Recreation to provide community-focused guidance for parks, recreation, open space, and trails in Lexington.

A property directly abutting a park or greenway should review the most recent Parks and Recreation master plan, Your Parks, Our Future Master Plan. This plan contains the long-term vision for parks, open space, trails, etc. for Lexington and also includes improvement plans for different park sectors in the community.

LEXINGTON AREA BICYCLE AND PEDESTRIAN MASTER PLAN

The Lexington Area MPO emphasizes the importance of quality, multi-modal transportation networks throughout Fayette and Jessamine County, which includes the creation and maintenance of a network of safe and well-designed walkways and bikeways. To achieve this, the organization released the “Lexington Area Bicycle and Pedestrian Master Plan,” which includes data, recommendations, and implementation items to inform future policy and projects related to walkways and bikeways.

Lexington Area Bicycle and Pedestrian Master Plan The master plan for the Lexington Area Metropolitan Planning Organization (MPO) that creates a new vision for walking and biking in the region.

The plan first includes “non-infrastructure recommendations” relating to policies, programs, design, and project evaluation. It then goes on to facility and infrastructure recommendations that tie specifically to proposed bikeway and walkway networks with varying levels of priority. Notably for developers – there are various implementation and funding scenarios in which private investment made through new and redevelopment is a potential factor. Many of the recommendations and policies within, particularly those focused on complete streets, are reflected in The Placebuilder development criteria of Imagine Lexington as well.

DEVELOPMENT HANDBOOK

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Key Development / Planning Terms All terms indicated with an asterisk come directly from the Lexington-Fayette County Zoning Ordinance, but have may have been condensed for the purposes of this Handbook: * Article 1 – General Provisions and Definitions ** Article 2 – Zoning Map *** Article 7 – Board of Adjustment **** Article 21 - Development Plans

ACCELA CITIZEN PORTAL

The Accela Citizen Portal (commonly referred to as simply Accela) is the Division of Planning’s online development tracking program. It is one of the most comprehensive resources for all the info related to any proposed developments. It provides online access to all of Lexington’s planning applications, and it keeps the development process on track.

ACCESSORY USE (OR STRUCTURE)*

A use or structure subordinate to the principal use or building on a lot and serving a purpose customarily incidental thereto.

No accessory structure can be constructed on a lot before a principal structure. See also Principle Use.

ADMINISTRATIVE APPEAL

Appeals to the Board of Adjustment may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action of the Division of Planning or Division of Building Inspection in the enforcement of the Zoning Ordinance, within 30 days of receiving notice of such action.

ADMINISTRATIVE REVIEW

The Board of Adjustment may hear and decide cases where it is alleged by the Applicant that there is an error in any action made by the Division of Planning or Division of Building Inspection in the enforcement of the Zoning Ordinance, within 30 days of such an action.

AGENCYCOUNTER

AgencyCounter, previously known as BuildingEye, allows users to view and search all active planning applications and building permits in an interactive map format. This tool is a supplement to the Accela Citizen Portal, providing a geographic perspective on completed/in-process applications and permits managed by the Division of Planning and the Division of Building Inspection.

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APPLICANT

Also referred to as a Petitioner.

The property owner who is requesting an official change to the status of their property. The Applicant can also be a person or group that is pursuing a property’s purchase, with a consent letter from the property owner that they may enter into the Planning process.

APPELLANT

If appealing a decision, the Applicant becomes known as the appellant during formal proceedings. For the purposes of this Handbook, Applicant and Appellant are interchangeable except in those cases when there is an appeal.

APPROVAL (AKA APPROVAL WITH CONDITIONS) The approval of an application subject to specific concerns.

These concerns are noted within the staff report and further detailed in the Accela Citizen Portal.

BOARD OF ADJUSTMENT

The Board of Adjustment (BOA) is a quasi judicial body which operates in accordance with Article 7 of the Zoning Ordinance and the adopted bylaws. It is comprised of 7 members serving 4 years terms who are appointed by the Mayor with the approval of the Urban County Council. There are three general types of distinct applications heard by the BOA: conditional use, variance, and administrative review/appeal.

CERTIFICATE OF OCCUPANCY

A document that confirms a structure is safe to inhabit, whether for residential or professional use(s). The certificate includes information about the legal use and type of property, as well as verification that the property is up to current building code and is suitable for occupation This document is obtained through Building Inspection.

CITIZEN PORTAL

See Accela Citizen Portal.

COLOR RENDERING (COLOR UP)

A colored version of a development plan used for public meetings.

CONDITIONAL USE*

A request for a use which is specifically named in the Zoning Ordinance, that may be suitable only in specific locations in the zone, if certain conditions are met, with special approval and conditions to address potential negative impacts, such as constructing a church in a residential area or allowing in-home child care.

CONSENT AGENDA

Placed at the beginning of the docket, the consent agenda lists the items that have been recommended for approval by the Subdivision Committee and the Planning Staff. These items do

CITY OF LEXINGTON - DIVISION OF PLANNING

not have any discussion items, and do not include a waiver of the Land Subdivision Regulations. Consent agenda items are approved all at one time by the Planning Commission towards the beginning of the hearing. Any citizen, applicant, Planning Staff or Planning Commission member may request items be removed from the consent agenda if further discussion is desired.

CONTINUANCE

FINAL RECORD PLAT

Depicts all substantially complete infrastructure improvements, and legal lotting on the site. These are heard by the Planning Commission under certain circumstances, though are typically handled administratively. Considered as the final approved subdivision plan, serves as the official record for property subdivision from which lots may be sold or transferred and building permits obtained.

The continuation of a public meeting/hearing to allow for slight modification without rehearing the information that has already been discussed.

MAP AMENDMENT /CHANGE REQUEST

DEVELOPMENT PLAN, FINAL

OVERLAY ZONES

Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site. For properties that require a development plan, no building or occupancy permits can be issued without a Planning Commission approved and certified plan.

DEVELOPMENT PLAN, MAJOR

This type of plan shows the buildings and site layout with more than one structure on it. Zone change applications require a development plan be submitted. For example, a plan for a new housing development that includes attached single-family, fourplexes, and medium density apartments.

DEVELOPMENT PLAN, MINOR****

Minor Amendments are intended to expedite approval in those situations where amendments of a development plan are of minor significance and generally relate to the shifting of previously approved spaces.

DEVELOPMENT PLAN, PRELIMINARY

Also referred to as a Zoning Development Plan.

Typically included with a zone change request; provides conceptual depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning. See also Major Development Plan.

DISAPPROVAL

A plan or proposal may be determined inappropriate by the Planning Staff, Committees, the Planning Commission, and, in cases of zone change requests, the Urban County Council.

Such a determination may result in a disapproval of the application.

In the case of a recommended disapproval from Planning Staff or Committees, the Applicant is able to proceed to a Public Hearing or Meeting with the application, if desired. A disapproval from the Planning Commission or, in the case of a zone change, the Urban County Council, the application is closed and reapplication is not permitted until one year has passed, circumstances of the original application change, or an appeal is made.

DEVELOPMENT HANDBOOK

See Zone Change.

Provides for the creation of special zoning districts, placed over an existing zone, which identifies special provisions; often relate to the adoption of design standards to conserve and protect neighborhood character.

LEGISLATIVE READINGS

Planning is the confluence of three levels of review: administrative, quasi-judicial, and legislative. The legislative reading is the final action for cases that necessitate the modification of the law (Zone Change, Zoning Ordinance Text Amendment). The only body that can conduct the legislative reading is the Urban County Council.

NONCONFORMING USE

Uses of land or structures that were allowed when the use was established, but would be prohibited under the current Zoning Ordinance.

PERMITTED USE

A permitted use is a use that is allowed as long as the landowner meets all of the other requirements of the particular zoning category.

PETITIONER See Applicant.

PLAN

A plan shows the arrangement, layout, and design of the proposed use of a parcel(s) of land. A plan may include details related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses, etc.

PLAT

A plat shows the subdivision of one large parcel of land into two or more smaller parcels. A plat is restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, etc.

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Key Development / Planning Terms POSTPONEMENT

Public hearings or public meetings may be postponed at the request of the Applicant or by recommendation from the Planning Staff, Committees, and/or the Planning Commission.

The Applicant may be granted a postponement to the next regularly scheduled meeting, or longer if determined appropriate.

PRINCIPLE (OR PERMITTED) USE

The primary use of land or a main building, which use is compatible with the purpose of the zone and which is permitted in the zone. See also Accessory Use.

SUBDIVISION PLAN, MAJOR

Depiction of changes to lotting or infrastructure that are significant to the community’s development. There are three types of major subdivision plans – preliminary subdivision plans, improvement plans, and final record plats (AKA final subdivision plans).

SUBDIVISION PLAN, MINOR

Depiction of changes to lotting or infrastructure that are not considered to be significant to the community’s development.

SUBDIVISION PLAN, PRELIMINARY

Depicts the (sub)division of land into separate units, lot layout, street details, utility information, etc.

SUBDIVISION REGULATIONS (SUB REGS, LAND SUBDIVISION REGULATIONS)

The adopted regulations that govern the subdivision of all land within the boundaries of Lexington-Fayette Urban County, KY

PROHIBITED USE

SUBDIVISION REGULATIONS AMENDMENT (SRA)

Any use of land, other than nonconforming, which is not listed as a permitted use or conditional use within a zoning district.

See also Principle Use.

Provides a means for the Planning Staff or decision-makers to update the text of Subdivision Regulations, based on the community’s needs as a whole, not a specific property’s use.

RECORDED LOT

TREE INVENTORY MAP (TIM)

A parcel of land which has been delineated with either a deed and/or recorded plat.

REAPPROVAL ITEMS

Provides the Applicant the opportunity to re-submit any plan which was previously certified, but for which building permits have not been obtained.

REFERRAL

An item which has not received a recommendation but has been moved forward to another decision-making body.

SPECIAL CIRCUMSTANCES

An aspect of a property that does not apply to other properties in a similar area or zone.

Required to be filed as a part of any initial application for approval of a preliminary development plan. The TIM includes: location and species of existing trees; canopy coverage; hydrological and geological features; and, utility easements. For more info see Article 26 - Tree Protection Standards of the Zoning Ordinance.

TREE PROTECTION PLAN (TPP)

Required to be filed as a part of any initial application for approval of a final development plan. The TPP includes the findings of the TIM in relation to the final site design including: tree protection areas and buffers; tree removal justification and mitigation; general planting plan; limits of grading; and, utility easements. For more info see Article 26 - Tree Protection Standards of the Zoning Ordinance.

SUBDIVISION

UNNECESSARY HARDSHIP

SUBDIVISION PLAN, FINAL

URBAN SERVICE REPORT

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CITY OF LEXINGTON - DIVISION OF PLANNING

The division of a parcel of land into two or more lots or parcels for the purpose of sale, lease, or building development.

Subdivision plans contain lot layout and required infrastructure, such as streets and sanitary sewers, on an undeveloped piece of property.

See Final Record Plat.

Means a hardship by reason of exceptional lotting pattern, topographic conditions, or other physical conditions of a parcel of land that makes the use of a property under the zone untenable. Unnecessary hardship does not include self imposed hardship, including personal financial hardships.

Included on each staff report for a zoning map amendment request, the Urban Service Report reviews the current context of the property, specifically in relationship to the infrastructure and services present in the area.

VARIANCE

A variance is a request to change some required dimensional element on a property; for example, the height, width, or location of structures, or the size of yards and open spaces.

Some of these requirements that are dimensional in nature can be altered by the Board of Adjustment, by pursuing a “variance” application. For a variance, a critical question is whether or not there are any special circumstances unique to the subject property that justify the request to alter the standard Zoning Ordinance requirement(s).

ZONE CHANGE REQUEST

Also referred to as a Zoning Map Amendment or Map Amendment Request (MAR).

Provides the Applicant the means to change a property’s zone to accommodate a desired use and different residential density.

Such a change, commonly referred to as a Map Amendment Request (MAR), is subject to review by the Planning Commission, with final action on the rezoning resting with the Urban County Council.

ZONING DEVELOPMENT PLAN See Preliminary Development Plan.

ZONING ORDINANCE TEXT AMENDMENT (ZOTA)

Provides a means for the Planning Commission, Urban County Council, or a public Applicant to update the text of the Zoning Ordinance. ZOTAs are not tied to a specific piece of property, but are based on the needs of the community as a whole.

ZONING MAP**

The official record of zoning status of all land in the Urban County.

ZONING MAP ATLAS**

Amendments to the Zoning Map changing the zoning status of an area made by ordinance of LFUCG. Each amendment shall be identified within the Map’s data file by a numerical designation referring to the Commission record of the amendment proceeding.

Further Reading - Urban Design Decoder

The Urban Design Decoder is a small pocket glossary that provides definitions for many of the words and phrases planners and urban designers use during the development review process.

The terms within are divided across three themes of urban design, starting with a more broad focus on the larger public realm and then narrowing down to things relating to built form.

DEVELOPMENT HANDBOOK

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CITY OF LEXINGTON - DIVISION OF PLANNING

02:

Board of Adjustment

Board of Adjustment

Subdivision Plans

DEVELOPMENT HANDBOOK

Development Plans

Zone Change

Zoning Ordinance Text Amendment

2-1

Planning Processes: Board of Adjustment KEY ROLES IN THIS PROCESS: Applicant

Public

Mixed Planning Staff

Planning Services

Committees

Board of Adjustment

The Board of Adjustment (BOA) is a quasi judicial body responsible for handling a variety of land use decisions. It is guided by the adopted bylaws and the Zoning Ordinance. There are seven members serving four-year terms which are appointed by the Mayor with the approval of the Urban County Council. There are 3 general types of distinct applications heard by the BOA: conditional use; variance; and Administrative Review / Appeal.

Conditional Use: A request for a use which is specifically named in the Zoning Ordinance that may be suitable only in specific locations in the zone, if certain conditions are met. Typically, conditions are placed on these uses regarding things like the construction of the facility or operational aspects of the use.

Some common conditional uses in many zones include churches, home-based businesses, live entertainment, veterinary offices, and drive-through facilities.

Variance: A request to change a required dimensional element on a property. The critical question is whether there are any special circumstances unique to the subject property that justify the request to alter the standard Zoning Ordinance requirement(s).

Commonly requested variances include reductions in setback requirements for front, rear, or side yards for new construction; increases in the allowable height of buildings, fences, or signs; and reductions in the width of landscape buffers.

Administrative Appeal: Appeals to the Board of Adjustment may be taken by any person or entity claiming to be injuriously affected or aggrieved by an official action of the Division of Planning or Division of Building Inspection in the enforcement of the Zoning Ordinance, within 30 days of receiving notice of such action.

Appeals can be helpful in cases where the Zoning Ordinance does not provide a complete indication of how a particular use should be treated, thus requiring further informed interpretation.

Approximate Expected Timeline to Complete Process: 1-3 months

A Common Route for Members of the Public

Board of Adjustment cases are more commonly undertaken by non-developers, such as homeowners or small business owners, who represent themselves throughout the process rather than hiring engineers, architects, or attorneys. For many, the BOA application and review process is an applicant’s first time appearing before a public decision-making body.

To aid both new and experienced applicants through the BOA process, a Senior Planner within Planning Services has been designated to assist with all phases of the process.

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CITY OF LEXINGTON - DIVISION OF PLANNING

FULL BOARD OF ADJUSTMENT PROCESS:

REASONS WHY YOU MIGHT NEED THE BOARD OF ADJUSTMENT: 1.

2.

3.

4.

5.

Seeking relief from the dimensional requirements of the Zoning Ordinance.

Desire to use the property according to a conditional use Building Inspection refused to permit construction Zoning Compliance Complaint issued for your property Seeking an appeal of Building Inspection/Planning Commission decision

To view a more detailed, comprehensive workflow for this process, please visit the Division of Planning website- lexingtonky.gov/ planning-resources

PREPARE APPLICATION 1 Board of Adjustment Sought

Applicant Engages with Planning Services Staff

2 Applicant Files BOA Application

PROFESSIONAL REVIEWS & PROCESSING

PUBLIC HEARING

3

5

4 Staff Provides a Recommendation

Staff Processes Application and Sends Notices

BOA Recommends Approval at Public Hearing

6 Certificate of Land Use Restriction Filed

This process document provides an example of the basic steps to approval and completion for this process. For a more complete illustration, please refer to the expanded process document.This illustration is presented for general information purposes only and is not a substitute for governing documents. All applicants should consult with the Division of Planning prior to filing and defer to the guidance provided for your specific circumstance. Further, requirements outside of the Division of Planning are beyond the purview of this document.

DEVELOPMENT HANDBOOK

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BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS

Article 7 Board of Adjustment

Prepare Application 1

Article 7 of the Zoning Ordinance deals directly with the Board of Adjustment.

APPLICANT ENGAGES WITH PLANNING SERVICES STAFF Pre-Application Meeting (Optional)

The Applicant may choose to meet with Planning Services Staff for a PreApplication Meeting to determine what type of BOA request is appropriate.

Prepare application using supporting information provided by Planning Services Staff

Supportive information includes the following materials, which are to be provided by Planning Services Staff:

BOA Filing & Fee Schedule

The official filing schedule is adopted by the Board of Adjustment annually, so dates are subject to change. See the Division of Planning’s “BOA MEETING & FILING SCHEDULE” on the BOA website for the exact date each month.

2

•

Steps involved in appeals to the BOA

•

BOA meeting and filing schedule (updated annually and found on the BOA website)

•

Site plan example

APPLICANT FILES BOA APPLICATION Applicant submits application

The Applicant submits the following items online for documentation within the Accela Citizen Portal (see Section 01 - Application Basics) and submits paper copies of the uploaded materials to Planning Services Staff prior to the filing deadline: •

For VARIANCES , clearly describe the requested adjustment, and state reasons why the Applicant feels an adjustment is justified.

The filing location is always: Division of Planning Office 101 E. Vine St., 7th Floor The official filing fees are also subject to change. See the Division of Planning’s “Official Filing Fee Schedule” for the most recent information.

Application – A detailed project description. Please provide as many details as possible, and make sure that the description matches the site plan.

For CONDITIONAL USES , operational details such as days and hours of operation, descriptions of anticipated activities, and proposed efforts to minimize impacts to surrounding properties (e.g., landscape buffers) are important to mention.

•

Site Plan – Use the sample provided by Planning Services Staff on the BOA website as a guide. The site plan must be drawn to scale. For simple projects, a letter or tabloid size is preferred; a larger size is acceptable if needed to show a desired level of detail. The site plan provides an illustration of the property and the proposed activity.

Applicant name must be clearly indicated on the site plan and match the name provided in the application and indicated in the notice letter that is mailed to surrounding property owners.

Existing and proposed structures must be clearly differentiated between.

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CITY OF LEXINGTON - DIVISION OF PLANNING

BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS

•

Assemble a Notification Package – to identify all properties (by street address) that must be notified by letter of the proposed activity <see Who gets notified? call-out box to the right)>. The Applicant shall provide stamped and addressed envelopes, one for each property owner and neighborhood association(s) identified by Planning Services Staff. The Applicant shall place a copy of the notice letter (original provided by the Planning Services Staff to be copied by the Applicant) and site plan in each envelope. A return address stamp is available for use in the Division of Planning Office, or the following return address may be added to the envelopes prior to submitting them to the Division of Planning:

Who gets notified?

Planning Services Staff will prepare the map needed for every application. The required notification areas vary by BOA case type: •

CONDITIONAL USE and ADMINISTRATIVE REVIEW applications notify all properties within 500’ of the subject property; if it adjoins any agricultural zone, the next two properties beyond the 500’ line (up to one mile from the subject property) must be included.

•

VARIANCE applications notify all properties within 200’ of the subject property; if it adjoins any agricultural zone, the next two properties beyond the 200’ line (up to 2,400’ from the subject property) must be included.

LFUCG BOARD OF ADJUSTMENT 200 E. MAIN STREET LEXINGTON, KY 40507 Duplicate envelopes are not required for a property owner that owns multiple properties in the notification area as long as they have a single mailing address. The envelopes should be standard business (4.25 x 9.5), no “easy close” type. They should not be sealed. Postage stamps, not a postage meter must be used. Envelopes must be stacked in the same order as shown on the list of property owners.

Note: Do not copy the site plan and notice letter, or stuff the envelopes, until Planning Services Staff has confirmed that the site plan and letter are acceptable.

•

Deed(s) to the property

•

Consent letter, contract or owner’s signature page – required if the Applicant is not the property owner.

•

Site plan (eleven copies) – for use by Planning Staff and BOA members.

The filing deadline for BOA applications is by 4:00 p.m. on the first or second Wednesday of the month (see the Division of Planning Filing Schedule). A non-refundable filing fee of $250 in the form of a check or money order made payable to “LexingtonFayette Urban County Government” or “LFUCG” is also collected at this time.

In addition to the map, Planning Services Staff will also prepare a list of surrounding property owners and neighborhood association(s), showing the names and mailing addresses of all those within the required notification area. Planning Services Staff will also create the notice letter, indicating the relevant application information and a brief description of what is being requested based on the submitted application.

An application will not be considered as officially “filed” unless the online application is completely filled out, the notification package and supplemental items are dropped off, and the fee is paid by the filing deadline.

Upon filling out the application online completely, a record number will automatically be assigned to each case (PLN-BOA-21-#####), which can be used to track the application throughout the process.

DEVELOPMENT HANDBOOK

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BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS

WEEKS 1-2

Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information, if needed.

Planning Services Staff review will be completed within 1-2 weeks of application submission.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with Article 7 - Board of Adjustment of the Zoning Ordinance?

Additional Committee Info

Landscape Review Committee Any landscape plan submitted to, and disapproved by the Division of Environmental Services because it does not meet the requirements of Article 18 - Landscape and Land Use Buffers of the Zoning Ordinance, may be appealed within sixty (60) days of such action to the Board of Adjustment as a Variance (see Section 18-7 for additional information on membership and the type of variance requests). They meet as needed on matters relating to Article 18 only, such as landscape buffers and variances <see the current year’s BOA Meeting and Filing Schedule on the BOA website>.

Paris Pike Corridor Commission an inter-local agreement between LFUCG, Bourbon County, and the city of Paris, whose mission is to administer protection and preservation of the Corridor’s unique historic and scenic character.

The Commission reviews requests for alterations to properties within the Corridor’s proposed historic district, with special emphasis on the area within 1,000 feet of both sides of the road <see additional information on the Paris Pike Corridor Commission website>.

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YES

If there are no errors, Planning Services Staff adds the application to the agenda for upcoming review by a mix of staff from the Division of Planning, including Long-Range Planning, Transportation Planning, and Planning Services (known henceforth simply as Planning Staff).

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant to address any remaining errors or incomplete items.

The Applicant then resubmits in person and through the Accela Citizen Portal. If errors remain, Planning Services Staff does not add the application to the agenda for the upcoming Planning Staff review, the Applicant must still correct the errors, and the application must wait until the following cycle to be reviewed.

Professional Reviews & Processing WEEKS 2-4

3

STAFF PROVIDES A RECOMMENDATION Planning Staff makes recommendations

Planning Staff members from each section of the Division of Planning review each application and recommend approval, disapproval, or postponement based on compliance with the Zoning Ordinance. The discussions held during this meeting will help to form the staff report.

AS APPROPRIATE – Committee(s) may review the application and make recommendations

Committee(s) can make additional recommendations beyond those of Planning Staff to be passed on to the Board of Adjustment for their final decision.

Committees may include, but are not necessarily limited to: •

Landscape Review Committee

•

Paris Pike Corridor Commission

CITY OF LEXINGTON - DIVISION OF PLANNING

4

STAFF PROCESSES APPLICATION AND SENDS NOTICES

BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS

Notification letters distributed

Planning Services Staff and the Applicant use the notification package from the application to send notification letters to property owners, and affected neighborhood associations (notified parties previously outlined in the box titled Who gets notified?). This includes supplemental notice for agricultural zones if applicable.

Notification letters must be sent at least 21 days in advance of the BOA Hearing.

Planning Services Staff distributes public notice

Prior to the BOA Hearing, Planning Services Staff does the following: •

If CONDITIONAL USE , posts notification signs in a conspicuous place on the subject property with information on the upcoming BOA Hearing.

Signs must remain posted for 14 consecutive days prior to and through the BOA Hearing. Does not apply to administrative appeals or variances.

Notification signs posted on property 2 weeks out from BOA Hearing.

•

Prepares legal advertisement for the public hearing and posts to the Planning website. After the legal ad is posted, only action by the Board can postpone an application.

•

Advertises in the Lexington Herald Leader the upcoming meeting with a link to the agenda on the Planning website between 7-14 days prior to the BOA Hearing.

•

Prepares agenda and minutes and e-mails to BOA members, Applicant, and representative attorney(s), and posts the staff report to the Accela Citizen Portal.

Agenda posted 7-10 days out from BOA Hearing.

•

Prepares presentation for BOA Hearing.

DEVELOPMENT HANDBOOK

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BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS

Applicant considers feedback and next steps

Based on feedback and recommendations from Planning Staff / Committee review, the Applicant can choose to: •

PROCEED to BOA Hearing.

•

REQUEST A POSTPONEMENT to the Board at the BOA Hearing to resolve outstanding issues.

If the request is granted the Applicant may address issues and update the application to be placed back on the agenda for an upcoming Planning Staff review (see Step 3 on page 2-6).

If the request is denied the application will continue on to the BOA Hearing.

•

WITHDRAW the application, with the opportunity to reapply at any time. The Applicant submits an official letter of withdrawal to Planning Services. Planning Services closes out the application in the Accela Citizen Portal and files physical documents.

Public Hearing WEEKS 5

5

BOA RECOMMENDS APPROVAL AT BOA HEARING Board of Adjustment Public Hearing

A BOA Hearing is a public hearing held in the Government Center, 200 East Main Street, 2nd floor Council Chambers on the second Monday of the month. Each item to be heard during the Board of Adjustment meeting is listed on the distributed agenda. The Board will hear uncontested cases that are recommended for approval first, after which the remaining cases are heard in the order displayed on the agenda.

All applicants must attend, or have an authorized representative attend the hearing when the application will be considered or the application is likely to be postponed for one month.

For a detailed look at how the City of Lexington runs their BOA Hearings please see “What is the BOA Hearing?” in Appendix I. The Board of Adjustment can make the following rulings:

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•

APPROVAL WITH CONDITIONS – if the BOA votes to approve, the case will move out of the Division of Planning, but in most cases a permit will still be needed from the Division of Building Inspection before the Applicant can initiate the proposed activity.

•

CONTINUANCE - the BOA may vote to continue a case to another meeting if they have heard testimony related to the case at the public hearing, but wish to give the applicant an opportunity to address issues before voting to approve or disapprove an application. In most cases, the Board will continue the application to the next available hearing date.

•

POSTPONEMENT – the BOA may vote to postpone the case in order to give the applicant an opportunity to address issues and resubmit their application if no testimony has been heard at the public hearing (returning the application to Step 2 on page 2-4). Typically, the Board will postpone for one month to the next available hearing date.

CITY OF LEXINGTON - DIVISION OF PLANNING

BOARD OF ADJUSTMENT STEP-BY-STEP PROCESS •

6

DISAPPROVAL – if the BOA votes to disapprove, the appeal cannot be heard again for one year, unless there are new grounds (such as a change of facts or conditions) that were not considered at the first hearing.

Should things change, a new appeal can be requested before the one year expiration – known as an “Early Rehearing Request.” If the Board decides to rehear the appeal before the one year is up, the Applicant will be placed on the agenda according to the normal filing schedule.

PLANNING SERVICES STAFF FILES CERTIFICATE OF LAND USE RESTRICTION Certificate Filed with Fayette County Clerk The certificate shall set forth the: •

Property owner name and address

•

Property address

•

Subdivision or development name, if there is one

•

Division of Planning’s name and address, which maintains the original records containing the restriction;

•

Type of land use restriction adopted or imposed

Any variances, conditional use permits, or conditional zoning conditions should be listed if applicable.

Planning Services Staff will file the Certificate of Land Use Restriction with the Fayette County Clerk’s office within 30 days of the BOA decision.

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CITY OF LEXINGTON - DIVISION OF PLANNING

03:

Board of Adjustment

Subdivision Plans

Subdivision Plans

DEVELOPMENT HANDBOOK

Development Plans

Zone Change

Zoning Ordinance Text Amendment

3-1

Planning Processes: Subdivision Plats and Plans KEY ROLES IN THIS PROCESS: Applicant

Public

Mixed Planning Staff

Planning Services

Committees

Building Inspection

Division of Engineering

Planning Commission

A subdivision is the division of a parcel of land into two or more lots or parcels for the purpose of sale, lease, or building development. Subdivision plans contain lot layout and required infrastructure, such as streets and sanitary sewers, on an undeveloped piece of property. The primary regulations for the subdivision of property are within the Land Subdivision Regulations, with linkages back to zoning regulations as well. There are two classes of subdivision plans –major and minor– that determine requirements for a project.

Major subdivision plans depict changes to lotting or infrastructure that are significant to the community’s development, whereas minor subdivision plans are not considered to be significant. There are three types of major subdivision plans – preliminary subdivision plans, improvement plans, and final record plats (AKA final subdivision plans). A final record plat depicts all substantially complete infrastructure improvements and legal lotting on the site.

Approximate Expected Timeline to Complete Process: 1 – 3 months

REASONS WHY YOU MIGHT NEED A SUBDIVISION PLAT OR PLAN:

Change to Land Parcel Sought

What type of subdivision plan is needed?

Minor

There are many reasons why a subdivision plan may be needed. It is highly advised to contact the Division of Planning to determine exact needs. Consider reviewing Article 2 of the Land Subdivision Regulations for detailed information on the different classes of subdivisions. Here are some basic examples for why a subdivision plan might be needed:: 1. Creation of new lots 6. Release, modification, or addition of easements 2. Creation of a new street 7. Construction of a display house 3. Non-building minor subdivision for acquisition of land for future development 8. Platting parcels for acquisition by public utilities 4. Consolidation of adjoining parcels 9.

Platting or re-platting a single parcel 5. Public acquisition of land or easements Major

MINOR SUBDIVISION PLAN A

B Applicant Files Minor Subdivision Application

3-2

C

Staff Reviews and Provides a Recommendation

D Planning Commission Secretary Signs and Certifies Plan

Final Subdivision Plat Recorded with County Clerk

CITY OF LEXINGTON - DIVISION OF PLANNING

PRELIMINARY SUBDIVISION PLAN 1

2 Applicant Files Preliminary Subdivision Application

3 Staff Reviews and Provides a Recommendation

Technical Review and Subdivision Committees Review Application and Provide Recommendations

4

5

Planning Commission Recommends Approval at Public Hearing

INFRASTRUCTURAL IMPROVEMENT PLAN

FINAL SUBDIVISION PLAT

7

9

Project Engineer and the Division of Engineering Create an Infrastructure Improvement Plan

8 Applicant Proceeds with Infrastructure Improvements

10 Applicant Files Subdivision Plat Application

To view a more detailed, comprehensive workflow for this process, please visit the Division of Planning website- lexingtonky.gov/ planning-resources

Planning Commission Recommends Approval at Public Meeting

Applicant Applies for Building Permits(s)

15 Division of Engineering Reviews and Approves Plan

Certificate of Occupancy

12

Subdivision Committee Reviews Application and Provides Recommendation

AG PLATS & WAIVERS ONLY

16

Planning Commission Secretary Signs and Certifies Final Record Plat

Final Record Plat Filed with County Clerk

AG PLATS & WAIVERS ONLY

SURETY RELEASE 19

18

Certificate of Land Use Restriction Recorded with County Clerk

Technical Review Committee Reviews Application and Provides Recommendation

Services Staff Processes Application and Provides a Recommendation

CERTIFICATES & PERMITS 17

Planning Commission Secretary Signs and Certifies Plan

11

14

13

FULL SUBDIVISION PROCESS:

6

Applicant Completes Remaining Public Improvements

20

21 Division of Engineering Inspects Improvements

Planning Commission Releases Sureties

This process document provides an example of the basic steps to approval and completion for this process. For a more complete illustration, please refer to the expanded process document.This illustration is presented for general information purposes only and is not a substitute for governing documents. All applicants should consult with the Division of Planning prior to filing and defer to the guidance provided for your specific circumstance. Further, requirements outside of the Division of Planning are beyond the purview of this document.

DEVELOPMENT HANDBOOK

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

Preliminary Subdivision Plan

Section 2 Major and Minor Classes of Subdivisions

Per Article 2 of the Land Subdivision Regulations, is a preliminary subdivision plan needed?

Article 2 of the Land Subdivision Regulations provides detailed definitions of the two classes of subdivisions.

The process for filing a major subdivision application is outlined starting on this page and generally major subdivisions shall be those subdivisions of land that are of major significance to the development of the community, plus any subdivision proposing the creation of a new street.

For minor subdivision plans, those subdivisions of land that are of minor significance to the development of the community see page 3-18.

Division of Planning Filing & Fee Schedule

The official filing schedule is adopted by the Planning Commission annually, so dates are subject to change. See the Division of Planning’s “Official Meeting and Filing Schedule” for the exact date each month.

1

YES

If a major subdivision plan is needed, continue on to Step 1 below for a preliminary subdivision plan if the property does not yet have the required public infrastructure and adequate public facilities, such as streets (both public and private); storm drainage; sanitary sewers; pump stations and other public facilities.

NO

If the property already has the required infrastructure and facilities continue on to Step 9 on page 3-14 for a final subdivision plan

APPLICANT FILES PRELIMINARY SUBDIVISION PLAN APPLICATION WEEK 1

Applicant submits application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (lexingtonky.gov/ plans) (see Section 1 - Application Basics). The Applicant also submits five hard copies of the uploaded materials and filing fee to Planning Services Staff prior to the filing deadline: •

Preliminary Subdivision Plan – Follow the Lotting and Development Plan instructions outlined in Section 5-2 Preliminary Subdivision Plan Requirements of the Land Subdivision Regulations.

•

Tree Preservation Plan (TPP) – Required to be filed as a part of any initial application for approval of a preliminary subdivision plan. If a TPP is not provided at the time of filing, the application shall not be considered as properly filed and may be rejected. The TPP shall contain at a minimum the information laid out in Article 26 - Tree Protection Standards of the Zoning Ordinance.

•

Deed(s) to the property

An application will not be considered as officially “filed” unless the online application is completely filled out, the hard copies are dropped off, and the fee is paid by the filing deadline.

The filing location is always: Division of Planning Office 101 E. Vine St., 7th Floor Lexington, KY 40507 The official filing fees are occasionally revised. See the Division of Planning’s “Official Filing Fee Schedule” for the most recent information.

3-4

The filing deadline for Planning Commission applications is by 4:00 p.m. typically on the first Monday of the month. A nonrefundable filing fee of $450 in the form of a check or money order made payable to “Lexington-Fayette Urban County Government” or “LFUCG” is also collected at this time.

CITY OF LEXINGTON - DIVISION OF PLANNING

2

STAFF REVIEWS AND PROVIDES A RECOMMENDATION

SUBDIVISION PLANS STEP-BY-STEP PROCESS

Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information, if needed.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with the Land Subdivision Regulations?

YES

If there are no errors, Planning Services Staff adds the application to the agenda for upcoming Committee reviews.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant’s Design/Engineering Professional to address any remaining errors or incomplete items. The Applicant then resubmits in person and through the Accela Citizen Portal.

Planning Services Staff prepares staff report and presentation for Technical Review Committee (TRC)

Planning Services Staff reviews the application materials, the area context, and the Zoning Ordinance and Subdivision Regulations to create a staff report, to be distributed on the day of the Technical Review Committee meeting. The staff report is a document generated to advise the Planning Commission in making their determination regarding the application. It includes: •

Project name, location, and Council District

•

Staff recommendation

•

Requirements/conditions for plan approval

•

Notes relevant to the plan

If the Preliminary Subdivision Plan is associated with a concurrent Zone Change request, there will be an additional staff report the Planning Services Staff is required to create for the associated Zone Change, for use by the Zoning Committee.

DEVELOPMENT HANDBOOK

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

WEEKS 2-3

If the land is agricultural: •

Our Committee Structure The Planning Commission uses a unique structure of three different committees to help aid them in making their recommendation: Technical Review, Subdivision, and Zoning.

For a detailed look at how Lexington’s Division of Planning runs their committees please see the following in the Appendix.

What is the Technical Review Committee?

An affidavit with a photo of the posted sign must be submitted prior to the meeting.

For agricultural land, notification signs must be posted on property 2 weeks before the public meeting.

•

Staff prepares legal advertisement for the public meeting and posts to the Planning website.

•

Staff advertises in the Lexington Herald Leader the upcoming meeting and a link to the agenda on the Planning website..

What is the Subdivision Committee?

What is the Zoning Committee?

Applicant posts notification signs in a conspicuous place on the subject property. These signs are to remain until after the Planning Commission Subdivision Items Meeting. See Section 23B-5 Review Procedures of the Zoning Ordinance.

For agricultural land, Planning Staff will post a legal ad and advertise in the local paper 7-21 days prior to Public Meeting.

LEX

What is a sign off?

The system used by the Division of Planning is a conditional approval system. Planning Services Staff develops conditions for the approval of an application, however additional conditions may be required by an affiliated division and/or organization involved in the TRC process. For example, a TRC member from the Fire Department will verify that the application meets the relevant fire codes and standards. Members of the TRC act as a “sign off” by providing comments on the assigned condition, and then assessing whether or not the comment has been resolved by the Applicant. If yes, the TRC member will approve (a.k.a. sign off) on the condition. All conditions must be resolved prior to receiving plan certification.

3-6

TRC members review application and comment in the Accela Citizen Portal

Each member of the TRC reviews the application materials through the lens of their respective governmental division or organizations (for example postal service or utility company). This review occurs at the same time that Planning Services Staff performs their review of the application. TRC members enter comments related to the application in the Accela Citizen Portal, where the Applicant and Planning Services Staff may review the comments prior to the TRC meeting.

The Applicant has about 2-3 weeks between the submission of the application and the Technical Review Committee meeting. During that window, the Applicant may review comments on the Accela Citizen Portal, but it is advised that the Applicant not submit a revised plan until after TRC to avoid confusion over which version TRC members should review.

CITY OF LEXINGTON - DIVISION OF PLANNING

3

SUBDIVISION PLANS STEP-BY-STEP PROCESS

COMMITTEES REVIEW AND PREPARE RECOMMENDATIONS WEEK 3 LEX

TRC provides a recommendation

The TRC consists of a wide variety of professionals from many levels of LFUCG and development-related utilities and other agencies. TRC typically meets the last Wednesday of every month, at 8:30 a.m. at the Division of Planning Office.

TRC is staffed and facilitated by the Division of Planning, and plans are reviewed by case type (in order – final subdivision plans, preliminary subdivision plans, development plans, zoning development plans, minor plans), then sequentially by case number. Either the Applicant or the representative of the Applicant, typically an engineer, surveyor, landscape architect, and/or lawyer, is strongly advised to be at this meeting.

During the TRC meeting, a member of Planning Services presents the basics of each plan. The members of the Committee will then discuss any specific concerns found during their review of the plan. TRC members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

TRC members discuss their comments with each other, the Applicant, and Planning Staff. The staff report, comments on the Accela Citizen Portal, and other discussions held between Planning Staff, TRC members, and the Applicant form the basis for a TRC member to determine what specific conditions must be met prior to “signing off” on an application.

The TRC can recommend: •

APPROVAL – the Committee can recommend a conditional approval, which still include a list of conditions that will need to be addressed prior to plan certification.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the Subdivision Committee.

•

POSTPONEMENT – the Committee can recommend a postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask for a postponement or continue in the process.

•

TRC Members

TRC is staffed and facilitated by: •

Division of Planning

•

Division of Environmental Services

•

Division of Traffic Engineering

•

Division of Engineering

•

Division of Fire and Emergency Services

•

Division of Parks and Recreation

•

Division of Waste Management

•

Division of Water Quality

•

Addressing/E-911 Office

•

Lexington Police Department

•

Division of Building Inspection

•

Windstream

•

MetroNet

•

Kentucky Utilities

•

Kentucky American Water

•

Columbia Gas

•

U.S. Postal Service

•

Health Department

•

Fayette County Public Schools

•

Kentucky Transportation Cabinet District 7

•

USDA – Natural Resources Conservation Service

DISAPPROVAL – the Committee can recommend disapproval if they feel that the application is inappropriate. The Applicant can then decide whether to continue on without the approval of the Committee.

Applicants may submit revisions for re-review by TRC members

The Applicant has the option to communicate with TRC members to address issues with the application, and submit revisions prior to Subdivision Committee Meeting for Planning Services Staff to include as revised conditions on the plan.

Revisions must be submitted at least 48 hours prior to Subdivision Committee (cont.)

DEVELOPMENT HANDBOOK

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SUBDIVISION PLANS STEP-BY-STEP PROCESS WEEK 4 LEX

Subdivision or Zoning Committee?

All major development plans are subject to review by the Subdivision Committee. This committee reviews the outcomes of the TRC, provides feedback to the Applicant, and passes on a recommendation to the full Planning Commission.

The Zoning Committee also considers preliminary development plans, but only as supporting material associated with a zone change request. While the Zoning Committee is responsible for making a recommendation on the proposed zone change, they do not make a recommendation on the plan itself.

3-8

Subdivision Committee provides a recommendation

The Subdivision Committee is composed of half the members of the Planning Commission, and representatives of the Divisions of Traffic Engineering and Engineering. This committee meets in the morning on the first Thursday of each month, at 8:30 a.m. in the Division of Planning Office.

This is one week following the TRC, and one week prior to the Planning Commission Subdivision Items Public Meeting. For plans that are submitted in conjunction with a Zone Change request, the Subdivision Committee’s recommendation is heard at the Planning Commission’s Zoning Items Public Hearing, which is three weeks after the Subdivision Committee meeting.

A member of Planning Services Staff presents the basics of each plan and the outcomes of the TRC. The Committee members discuss any specific concerns or issues they may have. During the meeting, members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

The Subdivision Committee can recommend: •

APPROVAL – the Committee can recommend a conditional approval, but this will still include a list of conditions that will need to be addressed prior to plan certification.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the full Planning Commission at the Planning Commission Subdivision Items Meeting or Zoning Items Public Hearing (whichever applies).

•

POSTPONEMENT – the Committee can recommend a postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask the Planning Commission for a postponement or continue on in the process.

•

DISAPPROVAL – the Committee can recommend disapproval if they feel that the application is inappropriate. The Applicant can then decide whether to continue on to the full Planning Commission without the approval of the Committee.

CITY OF LEXINGTON - DIVISION OF PLANNING

SUBDIVISION PLANS STEP-BY-STEP PROCESS

Applicant considers feedback and next steps

Based on feedback and recommendations from Planning Staff and Committee review, the Applicant can choose to: •

PROCEED to full Planning Commission. The Applicant is asked to submit a color rendering (aka “color up”) in advance of the Planning Commission meeting. If needed, Planning Services Staff revises the agenda with updated information from the Applicant, including any revised conditions.

A “color up” must be submitted at least 48 hours prior to the Planning Commission Subdivision Items Meeting. The Division of Planning has guidance for the required color rendering that should be followed.

•

REQUEST A POSTPONEMENT by notifying Planning Services Staff that the Applicant wants to postpone in writing, along with a projected timeline. Planning Services Staff adds the item to the agenda. The Applicant should still plan to attend the Planning Commission meeting to address current questions/concerns and state their projected timeline, or declare an indefinite postponement.

When the Applicant is prepared to move forward, either they can, or members of Planning Staff or Committee members, can request that the application be returned to Committee, particularly when there are substantial issues or changes to the plan (returning the application to the beginning of Step 3 on page 3-7).

If the application does not need to return to Committees, it may be added to the appropriate Planning Commission hearing or meeting.

•

WITHDRAW the application, with the opportunity to reapply at any time. The Applicant submits an official letter of withdrawal to Planning Services. Planning Services closes out the application in the Accela Citizen Portal and files physical documents.

DEVELOPMENT HANDBOOK

Which hearing/ meeting applies?

There are key differences between public hearings and public meetings.

In the case of subdivision plans, it is important to know which one applies to the application.

Planning Commission Zoning Items Public Hearing preliminary subdivision plans and preliminary development plans associated with a zone change will be heard at this meeting. The commission will take action on agenda items at that time.

Planning Commission Subdivision Items Public Meeting - Subdivision plans and development plans that are not tied to a zone change are discussed at this meeting. The commission will take action on agenda items at that time.

Urban County Council Public Hearing - The Planning Commission forwards their recommendations on zone change requests to the Urban County Council for a final decision, which may include a public hearing. Note, the companion subdivision plan is subject only to approval by the Planning Commission.

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

4

PLANNING COMMISSION RECOMMENDS APPROVAL WEEK 5 (OR 7)*

How is the Consent Agenda used?

Also known as, “No Discussion Items” on the Planning Commission Subdivision Items Public Meeting agenda, these are items considered to require no discussion. Cases on the Consent Agenda must meet ALL of the following criteria: 1. The Subdivision Committee recommendation is for approval.

2. The Applicant agrees with the Subdivision Committee recommendation and conditions listed on the agenda.

3. No discussion is sought by the Commission.

4. No person present at the meeting objects to the Commission acting on the matter without discussion.

5. The matter does not involve a waiver of the Land Subdivision Regulations.

The Planning Commission Chair will ask if there are any cases on that list which either the Planning Commission or member of the public wishes to discuss. If further discussion is requested that item is “pulled” from the Consent Agenda for a full discussion later in the agenda. All of the remaining items can be recommended for approval with a single motion.

Note, there is no Consent Agenda for the Zoning Public Hearing. In its place, the commission may choose to do an “abbreviated hearing” for a zoning item that does not require a full discussion and receives no public opposition.

3-10

Planning Commission Public Meeting/Hearing

Development plans and subdivision items that are not associated with a zone change will be heard at the Planning Commission Subdivision Items Public Meeting. This meeting is held in the Government Center Building’s Council Chambers on the second Thursday of the month*, unless otherwise stated. It occurs one week following the Subdivision Committee meeting.

For plans that are submitted in conjunction with a zone change request, the Commission’s review is heard at the time the zoning is reviewed, on the fourth Thursday of the month*, during the Planning Commission Zoning Items Public Hearing. *Week 5 if discussed at Subdivision Items Meeting; week 7 if heard at Zoning Items Public Hearing

The agenda will generally outline the order in which cases will be heard.

Typically, postponements and withdrawals are heard first, followed by Consent Agenda items. All other items will be heard in the order of the agenda.

All applicants must attend, or have an authorized representative attend the hearing or meeting when the application will be considered or the application is likely to be postponed for one month. Planning Commission must take action within 90 days of the application date. The exception is if the Applicant chooses to postpone thereby extending the timeline.

For a detailed look at how the City of Lexington runs their Planning Commission hearings and meetings, please see “What is the Planning Commission Hearing?” in Appendix I. The Planning Commission can take the following actions: •

APPROVAL WITH CONDITIONS – Applicant updates plan to fully comply with any conditions of approval and submits the plan to be certified by the Commission’s Secretary.

•

APPROVAL – if the Planning Commission votes to approve, the subdivision plan is ready to be certified by the Commission’s Secretary with no further corrections or revisions of the plan required by the Applicant.

•

POSTPONEMENT – if the Planning Commission votes to postpone, because the Applicant is providing additional information or significantly changing their application the Applicant is given the opportunity to address issues and resubmit their application to the Committees (returning the application to Step 3 on page 3-7).

If no significant changes are being made to the application, but the Planning Commission would like to allow additional time for Planning Staff to work with the Applicant, the Planning Commission will typically postpone for one month to the next appropriate hearing or meeting date. Applicants must agree to any longer postponements, which can range from 60-90 days (120 days in the expansion area). There is also an option for indefinite postponement, if determined appropriate by the Applicant.

CITY OF LEXINGTON - DIVISION OF PLANNING

•

DISAPPROVAL – if the Planning Commission votes to disapprove, Planning Services Staff closes out the Accela Citizen Portal application and development is not allowed to proceed. For further action, the Applicant must file a new application along with a filing fee.

Applicants or an aggrieved party may appeal decisions to higher decision making bodies within 30 days. The first level of appeals is with the Circuit Court, then progresses to the District Court of Appeals, and finally the Supreme Court.

An Appeal of the Planning Commission’s recommendation must be made within the 30 days after the action was taken.

5

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES PLAN Compliant plan signed by Planning Commission’s Secretary

A compliant development plan will be signed by the Planning Commission’s Secretary. In the case that Planning Services Staff does not find the plan in conformance with the Planning Commission action they will contact the Applicant to make required corrections and resubmit three hard copies for review.

SUBDIVISION PLANS STEP-BY-STEP PROCESS

Who can make an appeal?

Any person or entity, whether the Applicant, member of the public, or some other party, claiming to be injured or aggrieved by any final action of the Planning Commission has the option to appeal that decision. This may be the case with an approval or disapproval.

The contents of the Development Handbook do not explicitly cover appeals, as they are outside of the standard development review process. For more detailed information on the appeals process, consult the Kentucky Revised Statutes related to the appeals process for planning related decisions- KRS 100.347.

For subdivision plans in association with a zone change, the Planning Commission Secretary has to sign the plan within 14 days from date of approval. For all other plans the Secretary has 1 year from date of approval to sign the plan.

Subdivision plans must meet all of the conditions laid out by the Planning Commission within 1 year of a Planning Commission action to get certified or the Applicant will need to seek an extension or reapproval by the Planning Commission.

DEVELOPMENT HANDBOOK

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

6

CERTIFICATE OF LAND USE RESTRICTION RECORDED WITH COUNTY CLERK Planning Services Staff Files Certificate with Fayette County Clerk The certificate shall set forth the: •

Property owner name and address

•

Property address

•

Subdivision or development name, if there is one

•

Division of Planning name and address, which maintains the original records containing the restriction

•

Type of land use restriction adopted or imposed

Planning Services Staff will file the Certificate of Land Use Restriction with the Fayette County Clerk’s office within 30 days of the plan being signed.

3-12

CITY OF LEXINGTON - DIVISION OF PLANNING

Infrastructural Improvement Plan 7

ENGINEERS CREATE INFRASTRUCTURE IMPROVEMENT PLAN Preliminary Plan provided to Division of Engineering

Planning Services Staff provides a certified hard copy of the Preliminary Subdivision Plan to the Division of Engineering.

Engineering determines infrastructure improvements The Applicant works with the Division of Engineering to determine appropriate infrastructure/improvement needs.

Infrastructure Improvements Preliminary Report

When approximately 50% of the infrastructure design is complete, the Applicant’s project engineer submits a preliminary report to the Planning Commission for reference, including how stormwater, sanitary sewer, and environmental conditions from the Preliminary Subdivision Plan will be addressed in the improvement plan. The report shall be distributed to the Planning Commission for informational purposes only at the next full Planning Commission meeting.

Engineering provides a Notice to Proceed

The Applicant completes infrastructure plans fully conforming to the Subdivision Regulations, the Zoning Ordinance, the Division of Engineering Technical and Procedures Manuals, Division of Engineering Standard Drawings, and the certified Preliminary Subdivision Plan. The Division of Engineering conducts an Administrative Review prior to providing a Notice to Proceed to the Applicant’s project engineer.

8

PROCEED WITH INFRASTRUCTURE IMPROVEMENTS Infrastructure construction begins

Infrastructural improvements may commence following a Notice to Proceed from the Division of Engineering, and the Applicant obtaining all state and federal permits required for construction.

Construction of infrastructure must begin within 2 years of a Notice to Proceed from the Division of Engineering or the Infrastructure Improvements Plan is considered void.

DEVELOPMENT HANDBOOK

SUBDIVISION PLANS STEP-BY-STEP PROCESS

The Building Inspection Process

The Division of Planning is not directly involved in the development once the Applicant moves on to the building inspection and permitting stage, which may contain multiple steps within the building inspection process.

While the process is touched on within this handbook; specific questions should be directed to the Division of Building Inspection at buildinginspection@lexingtonky.gov

Section 4-5 Improvement Plan Procedure

Of the Land Subdivision Regulations outlines the procedures to complete the improvement plan for public improvements to be constructed in conjunction with a subdivision, such as streets (both public and private); storm drainage; sanitary sewers; pump stations, and other public facilities.’

Section 4-6 Construction of the Public Improvements Details the necessary steps that need to be followed during construction of the infrastructure improvements.

3-13

SUBDIVISION PLANS STEP-BY-STEP PROCESS

Final Subdivision Plan

A plan vs. a plat

A plan shows the arrangement, layout, and design of the proposed use of a parcel(s) of land. A plan may include details related to parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses, etc.

APPLICANT FILES FINAL SUBDIVISION PLAN APPLICATION

9

See Step 1 on page 3-4 with the following exceptions to the application process:

A plat shows the subdivision of one large parcel of land into two or more smaller parcels. A plat is restricted to road and lot layout and approximate dimensions, key plan, topography and drainage, etc, So for the purposes of this section a final subdivision plan becomes a final record plat once the Planning Commission Secretary signs it and it is filed with the Fayette County Clerk.

•

Final Subdivision Plan –Includes all information required in Section 5-4 Final Subdivision Plan Requirements of the Land Subdivision Regulations

•

Improvement Plan Progress Report (50%) – as outlined in Step 7 on page 3-13 (see also Section 4-5 Improvement Plan Procedures of the Land Subdivision Regulations).

The filing deadline for Planning Commission applications is by 4:00 p.m. typically on the first Monday of the month. A nonrefundable filing fee of $400 in the form of a check or money order made payable to “Lexington-Fayette Urban County Government” or “LFUCG” is also collected at this time.

10

STAFF REVIEWS AND PREPARES RECOMMENDATION See Step 2 on page 3-5

11

TRC REVIEWS AND PREPARES RECOMMENDATION See Step 3 on page 3-7 up through TRC, then...

Does this application involve an agricultural plat or a request for a waiver?

12

YES

If the Final Subdivision Plan involves an agricultural plat or a request for a waiver, proceed to Step 12.

NO

If the Final Subdivision Plan does not involve the above, skip Step 12 and Step 13. Proceed to Step 14.

SUBDIVISION COMMITTEE REVIEWS AND PREPARES RECOMMENDATION See Step 3 on page 3-8 starting at “Subdivision Committee provides a recommendation”

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CITY OF LEXINGTON - DIVISION OF PLANNING

13

PLANNING COMMISSION RECOMMENDS APPROVAL

SUBDIVISION PLANS STEP-BY-STEP PROCESS

See Step 4 on page 3-10 14

DIVISION OF ENGINEERING REVIEWS AND APPROVES PLAN Urban County Engineer reviews the final record plat

Upon substantial completion of public improvements the final record plat is submitted to the Division of Engineering. The Urban County Engineer reviews and signs off on the final record plat. See Section 4-7(c) Certification by the Urban County Engineer in the Land Subdivision Regulations and the Division of Engineering’s Procedures Manual for Infrastructure Development for more details.

15

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES FINAL RECORD PLAT See Step 5 on page 3-11

16

FINAL RECORD PLAT FILED WITH COUNTY CLERK See Step 6 on page 3-12 Planning Services Staff files Final Record Plat with Fayette County Clerk

Once the final record plat is recorded, a deed shall be filed with the County Clerk to finalize the establishment of new lots.

17

APPLICANT APPLIES FOR BUILDING PERMIT(S) Applicant works with Building Inspection to file appropriate building permits The Applicant must obtain building permits for all structures shown on the Final Subdivision Plan.

Building Inspection verifies appropriate conditions and ensures they are clear to move forward via Planning

18

CERTIFICATE OF OCCUPANCY Building Inspection issues a Certificate of Occupancy upon findings of Final Inspection

DEVELOPMENT HANDBOOK

The Building Inspection Process

The Division of Planning is not directly involved in the development once the Applicant moves on to the building inspection and permitting stage, which may contain multiple steps within the building inspection process. The Applicant may repeat Steps 16 and 17 multiple times for a single plan depending on how many structures are present and the timing of construction.

This process will not be outlined within this handbook; questions can be directed to the Division of Building Inspection at buildinginspection@lexingtonky.gov

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

Surety Release 19

COMPLETION OF REMAINING PUBLIC IMPROVEMENTS Applicant requests a final release of surety

When the Applicant has completed all required public improvements and sufficient time has elapsed for necessary items, they may request a final release of surety to the Division of Engineering.

20

DIVISION OF ENGINEERING INSPECTS IMPROVEMENTS Engineering advises on the release of the surety

The Division of Engineering conducts a final inspection within 30 days of the Applicant’s request and, if in conformance with the requirements of the Subdivision Regulations, the Zoning Ordinance, the Division of Engineering Manuals, and the, Division of Engineering Standard Drawings, the Urban County Engineer notifies in writing the Planning Commission to release the surety.

21

PLANNING COMMISSION APPROVES SURETIES RELEASE Completion of sureties communicated

Planning Services Staff communicates completion to Planning Commission at the Planning Commission Subdivision Items Meeting. The Planning Commission receive a monthly memo from the bonds person and then take action at the public meeting to release or partially release bonds and sureties.

Engineering works with Applicant

Division of Engineering works with the Applicant to close out their project.

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CITY OF LEXINGTON - DIVISION OF PLANNING

SUBDIVISION PLANS STEP-BY-STEP PROCESS

DEVELOPMENT HANDBOOK

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SUBDIVISION PLANS STEP-BY-STEP PROCESS

Section 2-3 Minor Subdivision Class Minor subdivisions are those subdivisions of land which are generally of minor planning significance to the community’s development. See Section 2-3 Minor Subdivision Class of the Land Subdivision Regulations for additional information.

Minor Subdivision Plan The Applicant may consider filing a minor subdivision plan for Consolidation Plats, Display House Plats, Corrected Amended Plats, Easement Minor Plats, and Administrative Action Plats, rather than needing to go before the Committees and Planning Commission.

A

APPLICANT FILES MINOR SUBDIVISION APPLICATION Applicant submits minor subdivision plan application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (see Section 1 Application Basics). The Applicant also submits three hard copies of the uploaded materials and filing fee to Planning Services Staff prior to the filing deadline: •

Minor Subdivision Plan – Follow the Lotting and Development Plan instructions outlined in Article 3 - Minor Subdivision Plans Procedures and Requirements of the Land Subdivision Regulations. Submit a reproducible mylar hard copy.

•

Deed(s) to the property

There is no filing deadline for minor subdivision plan applications.

At the time of filing, a non-refundable filing fee of $200 in the form of a check or money order made payable to “LexingtonFayette Urban County Government” or “LFUCG” is collected.

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CITY OF LEXINGTON - DIVISION OF PLANNING

SUBDIVISION PLANS STEP-BY-STEP PROCESS

B

STAFF REVIEWS AND PROVIDES A RECOMMENDATION Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information from the Applicant or forward questions to other government agencies for further review, such as Traffic Engineering and E-911/Addressing, if needed.

The initial review of the application by Planning Services Staff typically takes place between 2-3 days after the filing. The remaining timeline varies per application.

Does Planning Services Staff find the plan is consistent, complete and in compliance with Article 2 of the Land Subdivision Regulations?

C

YES

If there are no errors, Planning Services Staff forwards on the application to the Planning Commission Secretary to sign the Subdivision Plat.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant to address any remaining errors or incomplete items.

The Applicant then resubmits in person and through the Accela Citizen Portal.

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES PLAN See Step 5 on page 3-11

D

MINOR SUBDIVISION PLAT RECORDED WITH COUNTY CLERK See Step 6 on page 3-12

DEVELOPMENT HANDBOOK

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THIS PAGE LEFT INTENTIONALLY BLANK

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CITY OF LEXINGTON - DIVISION OF PLANNING

04:

Board of Adjustment

Development Plans

Subdivision Plans

DEVELOPMENT HANDBOOK

Development Plans

Zone Change

Zoning Ordinance Text Amendment

4-1

Planning Processes: Development Plans KEY ROLES IN THIS PROCESS: Applicant

Public

Mixed Planning Staff

Planning Services

Committees

Building Inspection

Planning Commission

Development plans may be utilized for a wide variety of planning related procedures. When required by the Zoning Ordinance, no building permits shall be issued until a final development plan is approved by the Planning Commission, certified by the Secretary of the Commission, and passed on to the Division of Building Inspection. This shall limit and control the issuance of all building and occupancy permits, and restrict the construction, location, and use of all land and structures to the conditions as set forth in the plan.

There are three types of development plans: 1. Preliminary Development Plan – Typically included with a zone change request; provides conceptual depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning.

2. Final Development Plan – Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site. No building or occupancy permits can be issued without a Planning Commission approved and certified plan.

3. Minor Development Plan Amendment – Minor Amendments are intended to expedite approval in those situations where amendments of a development plan are of minor significance and generally relate to the shifting of previously approved spaces.

Approximate Expected Timeline to Complete Preliminary and Final Development Process: 6 weeks – 3 months

Public hearing vs. public meeting

These similar phrases have key differences in the context of the Division of Planning’s procedures.

A public hearing is required by state statute (KRS 100.211) for zoning changes (and associated development plans). The Planning Commission receives comment and testimony from the public on the items being considered.

Public hearings also require a formal notification process.

The “Planning Commission Zoning Items Public Hearing” is the public hearing mentioned in this section.

A public meeting is a meeting during which the Planning Commission takes action on various agenda items that do not require a hearing. Public participation and comment are still included, but are not required by state statute. The “Planning Commission Subdivision Items Public Meeting” is the public meeting mentioned in this section.

REASONS WHY YOU MIGHT NEED A DEVELOPMENT PLAN: There are many reasons why a development plan may be needed. It is highly advised to contact the Division of Planning to determine needs. A few reasons for a development plan include: 1. The existing zone requires a development plan (P-2, B-5P, B-6P and M-1P zones) 2. It is in conjunction with a Zone Change Request 3. There is more than one principal structure 4. Planning Commission has concerns for potential substantial flood, drainage, traffic, topographic or other similar problems that could have an adverse influence on existing or future development of the subject property or other property in the neighborhood.

This process document provides an example of the basic steps to approval and completion for this process. For a more complete illustration, please refer to the expanded process document.This illustration is presented for general information purposes only and is not a substitute for governing documents. All applicants should consult with the Division of Planning prior to filing and defer to the guidance provided for your specific circumstance. Further, requirements outside of the Division of Planning are beyond the purview of this document.

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CITY OF LEXINGTON - DIVISION OF PLANNING

MINOR DEVELOPMENT PLAN AMENDMENTS

Development Plan Needed

The Applicant may need to amend their application. If the amendment is considered minor, Planning Staff can review and approve the plan without needing to go before the Committees and Planning Commission. See page 4-14 for more information.

PRELIMINARY DEVELOPMENT PLAN 1

2

Applicant Files Preliminary Development Plan Application

3 Staff Reviews and Provides a Recommendation

4

5 Planning Commission Recommends Approval

Committees Review and Provide Recommendations

Planning Commission Secretary Signs and Certifies Plan

FINAL DEVELOPMENT PLAN 6

7 Applicant Files Final Development Plan Application

8 Staff Reviews and Provides a Recommendation

9

Committees Review and Provide Recommendations

10 Planning Commission Recommends Approval

CERTIFICATES, PERMITS, & INSPECTIONS 11 Planning Services Staff Files Certificate of Land Use Restriction

FULL DEVELOPMENT PLAN PROCESS:

12 Applicant applies for Building Permit(s)

DEVELOPMENT HANDBOOK

Planning Commission Secretary Signs and Certifies Plan

13

Certificate of Occupancy

To view a more detailed, comprehensive workflow for this process, please visit the Division of Planning website- lexingtonky. gov/planning-resources

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS

Preliminary Development Plan

Article 21 Development Plans

Is a preliminary development plan sought?

Article 21 of the Zoning Ordinance deals directly with the content and procedures for submission, review, and approval of a development plan.

Preliminary vs. Final Development Plan

As explained in the introduction of this section, these two development plan types differ from each other in the level of detail provided. They also have different relationships with the development process depending on the type and nature of the application.

A preliminary development plan is most commonly associated with a zone change. These plans present the bigger picture idea for the site to be considered along with other elements of a zone change application. The Final Development plan is the follow-up to that conceptual depiction, as it cements the details and incorporates recommended alterations noted on the preliminary.

A final development plan is preceded by a preliminary development plan unless there is an existing building on the property that is being used in the development with no significant changes. In this case, only the final development plan is needed.

1

YES

If a preliminary development plan is needed continue on to Step 1 below.

NO

If a preliminary development plan is not needed continue on to instructions for a final development plan see Step 6 on page 4-12.

APPLICANT FILES PRELIMINARY DEVELOPMENT PLAN APPLICATION Applicant contacts Urban Forester for on-site meeting

Prior to submission, the Applicant contacts the Urban Forester to determine if an on-site meeting is necessary. This is most common on a site with a number of large / mature trees, or significant stands of trees.

LEX

Pre-Application Meeting (Optional)

The Applicant may choose to meet with a mix of staff from the Division of Planning, including Long-Range Planning, Transportation Planning, and Planning Services (known henceforth simply as Planning Staff) for a Pre-Application Meeting. This meeting is also sometimes called a “pre-filing meeting.”

The purpose of this meeting is to discuss the requirements, procedures, and issues related to the development plan, allowing Planning Staff to point out potential pitfalls the Applicant may face further down the road. As a result, the Applicant is better prepared to alleviate possible conflicts recognized earlyon in the process. While each plan is different, these discussions between the Applicant and Staff will typically focus on: •

Existing conditions on the site

•

Necessary facilities, whether existing or to be provided

•

Recommendations from the adopted Comprehensive Plan

In some cases the Applicant may also have the option to combine or substitute the final development plan with a preliminary subdivision plan (Section 21-8).

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CITY OF LEXINGTON - DIVISION OF PLANNING

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

WEEK 1

Applicant submits application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (lexingtonky.gov/ plans) (see Section 1 - How/where to apply?). The Applicant also submits five hard copies of the uploaded materials and filing fee to Planning Services Staff prior to the filing deadline: •

Preliminary Development Plan – Follow the Development Plan instructions outlined in Section 21-6 Contents and Format of Development Plans of the Zoning Ordinance. Submit a reproducible mylar hard copy.

•

Tree Inventory Map (TIM) – Required to be filed as a part of any initial application for approval of a preliminary development plan. If a TIM is not provided at the time of filing, the application shall not be considered as properly filed and may be rejected. The TIM shall contain at a minimum the information laid out in Article 26 - Tree Protection Standards of the Zoning Ordinance.

•

Deed(s) to the property

An application will not be considered as officially “filed” unless the online application is completely filled out, the hard copies are dropped off, and the fee is paid by the filing deadline.

Division of Planning Filing & Fee Schedule

The official filing schedule is adopted by the Planning Commission annually, so dates are subject to change. See the Division of Planning’s “Official Meeting and Filing Schedule” for the exact date each month.

The filing location is always: Division of Planning Office 101 E. Vine St., 7th Floor Lexington, KY 40507 The official filing fees are occasionally revised. See the Division of Planning’s “Official Filing Fee Schedule” for the most recent information.

Upon filling out the application online completely, a record number will automatically be assigned to each case (PLN-MJDP-21-##### ), which can be used to track the application throughout the process.

The filing deadline for Planning Commission applications is by 4:00 p.m. typically on the first Monday of the month. A nonrefundable filing fee of $450 in the form of a check or money order made payable to “Lexington-Fayette Urban County Government” or “LFUCG” is also collected at this time. *A separate filing fee and additional application materials are required for a preliminary development plan associated with a Zone Change (see Section 05 Zone Change).

DEVELOPMENT HANDBOOK

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS

2 LEX

Our Committee Structure The Planning Commission uses a unique structure of three different committees to help aid them in making their recommendation: Technical Review, Subdivision, and Zoning.

For a detailed look at how Lexington’s Division of Planning runs their committees please see the following in the Appendix.

What is the Technical Review Committee?

What is the Subdivision Committee?

What is the Zoning Committee?

What is a sign off?

The system used by the Division of Planning is a conditional approval system. Planning Services Staff develops conditions for the approval of an application, however, additional conditions may be required by an affiliated division and/or organization involved in the TRC process. For example, a TRC member from the Fire Department will verify that the application meets the relevant fire codes and standards.

Members of the TRC act as a “sign off” by providing comments on the assigned condition, and then assessing whether or not the comment has been resolved by the Applicant. If yes, the TRC member will approve (a.k.a. sign off) on the condition. All conditions must be resolved prior to receiving plan certification.

4-6

STAFF REVIEWS AND PROVIDES A RECOMMENDATION WEEK 2

Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information, if needed.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with Article 21 - Development Plans of the Zoning Ordinance?

YES

If there are no errors, Planning Services Staff adds the application to the agenda for upcoming Committee reviews.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant’s Design Professional to address any remaining errors or incomplete items. The Applicant then resubmits in person and through the Accela Citizen Portal.

Planning Services Staff prepares staff report and presentation for Technical Review Committee (TRC)

Planning Services Staff reviews the application materials, the area context, and the Zoning Ordinance and Subdivision Regulations to create a staff report, to be distributed on the day of the Technical Review Committee meeting. The staff report is a document generated to advise the Planning Commission in making their determination regarding the application. It includes: •

Project name, location, and Council District

•

Staff recommendation

•

Requirements/conditions for plan approval

•

Notes relevant to the plan

If the development plan is associated with a concurrent Zone Change request, there will be an additional staff report the Planning Services Staff is required to create for the associated Zone Change, for use by the Zoning Committee.

LEX

TRC members review application and comment in the Accela Citizen Portal

Each member of the TRC reviews the application materials through the lens of their respective governmental division or organizations (for example postal service or utility company). This review occurs at the same time that Planning Services Staff performs their review of the application. TRC members enter comments related to the application in the Accela Citizen Portal, where the Applicant and Planning Services Staff may review the comments prior to the TRC meeting.

The Applicant has about 2-3 weeks between the submission of the application and the Technical Review Committee meeting. During that window, the Applicant may review comments on the Accela Citizen Portal but it is advised that the Applicant not submit a revised plan until after TRC to avoid confusion over which version TRC members should review.

CITY OF LEXINGTON - DIVISION OF PLANNING

3

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

COMMITTEES REVIEW AND PREPARE RECOMMENDATIONS WEEK 3 LEX

TRC provides their recommendation

The TRC consists of a wide variety of professionals from many levels of LFUCG and development-related utilities and other agencies. TRC typically meets the last Wednesday of every month, at 8:30 a.m. at the Division of Planning Office.

TRC Members

TRC is staffed and facilitated by: •

Division of Planning

•

Division of Environmental Services

•

Division of Traffic Engineering

•

Division of Engineering

•

Division of Fire and Emergency Services

•

Division of Parks and Recreation

During the TRC meeting, a member of Planning Services presents the basics of each plan. The members of the Committee will then discuss any specific concerns found during their review of the plan. TRC members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

•

Division of Waste Management

•

Division of Water Quality

•

Addressing/E-911 Office

•

Lexington Police Department

TRC members discuss their comments with each other, the Applicant, and Planning Staff. The staff report, comments on the Accela Citizen Portal, and other discussions held between Planning Staff, TRC members, and the Applicant form the basis for a TRC member to determine what specific conditions must be met prior to “signing off” on an application.

•

Division of Building Inspection

•

Windstream

•

MetroNet

•

Kentucky Utilities

The TRC can recommend:

•

Kentucky American Water

•

Columbia Gas

•

U.S. Postal Service

•

Health Department

•

Fayette County Public Schools

•

Kentucky Transportation Cabinet District 7

•

USDA – Natural Resources Conservation Service

TRC is staffed and facilitated by the Division of Planning, and plans are reviewed by case type (in order – final subdivision plans, preliminary subdivision plans, Development plans, zoning development plans, minor plans), then sequentially by case number. Either the Applicant or the representative of the Applicant, typically an engineer, surveyor, landscape architect, and/or lawyer, is strongly advised to be at this meeting.

•

APPROVAL – the Committee can recommend a conditional approval, which still include a list of conditions that will need to be addressed prior to plan certification.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the Subdivision Committee.

•

POSTPONEMENT – the Committee can recommend a postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask for a postponement or continue in the process.

•

DISAPPROVAL – the Committee can recommend disapproval if they feel that the application is inappropriate. The Applicant can then decide whether to continue on without the approval of the Committee.

Applicants may submit revisions for re-review by TRC members

The Applicant has the option to communicate with TRC members to address issues with the application and submit revisions prior to Subdivision Committee Meeting for Planning Services Staff to include as revised conditions on the plan.

Revisions must be submitted at least 48 hours prior to Subdivision Committee.

DEVELOPMENT HANDBOOK

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS WEEK 4 LEX

Subdivision or Zoning Committee?

All major development plans are subject to review by the Subdivision Committee. This committee reviews the outcomes of the TRC, provides feedback to the Applicant, and passes on a recommendation to the full Planning Commission.

The Zoning Committee also considers preliminary development plans, but only as supporting material associated with a zone change request. While the Zoning Committee is responsible for making a recommendation on the proposed zone change, they do not make a recommendation on the plan itself.

4-8

Subdivision Committee provides a recommendation

The Subdivision Committee is composed of half the members of the Planning Commission, and representatives of the Divisions of Traffic Engineering and Engineering. This committee meets in the morning on the first Thursday of each month, at 8:30 a.m. in the Division of Planning Office.

This is typically one week following the TRC, and one week prior to the Planning Commission Subdivision Items Public Meeting. For plans that are submitted in conjunction with a Zone Change request, the Subdivision Committee’s recommendation is heard at the Planning Commission Zoning Items Public Hearing, which is three weeks after the Subdivision Committee meeting.

A member of Planning Services Staff presents the basics of each plan and the outcomes of the TRC. The Committee members discuss any specific concerns or issues they may have. During the meeting, members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

The Subdivision Committee can recommend: •

APPROVAL – the Committee can recommend a conditional approval, but this will still include a list of conditions that will need to be addressed prior to plan certification.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the full Planning Commission at the Planning Commission Subdivision Items Meeting or Zoning Items Public Hearing (whichever applies).

•

POSTPONEMENT – the Committee can recommend a postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask the Planning Commission for a postponement or continue on in the process.

•

DISAPPROVAL – the Committee can recommend disapproval if they feel that the application is inappropriate. The Applicant can then decide whether to continue on to the full Planning Commission without the approval of the Committee.

CITY OF LEXINGTON - DIVISION OF PLANNING

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

Applicant considers feedback and next steps

Based on feedback and recommendations from Planning Staff and Committee review, the Applicant can choose to: •

PROCEED to full Planning Commission. The Applicant is asked to submit a color rendering (aka “color up”) in advance of the Planning Commission meeting. If needed, Planning Services Staff revises the agenda with updated information from the Applicant, including any revised conditions.

A “color up” of the development plan must be submitted at least 48 hours prior to the Planning Commission Subdivision Items Meeting or Zoning Items Public Hearing (whichever applies). The Division of Planning has guidance for the required color rendering that should be followed.

•

REQUEST A POSTPONEMENT by notifying Planning Services Staff that the Applicant wants to postpone in writing, along with a projected timeline. Planning Services Staff adds the item to the agenda. The Applicant should still plan to attend the Planning Commission meeting to address current questions/concerns and state their projected timeline, or declare an indefinite postponement.

When the Applicant is prepared to move forward, either they can, or members of Planning Staff or Committee members, can request that the application be returned to Committee, particularly when there are substantial issues or changes to the plan (returning the application to the beginning of Step 3 on page 4-7).

If the application does not need to return to Committees, it may be added to the appropriate Planning Commission hearing or meeting.

•

WITHDRAW the application, with the opportunity to reapply at any time. The Applicant submits an official letter of withdrawal to Planning Services. Planning Services closes out the application in the Accela Citizen Portal and files physical documents.

DEVELOPMENT HANDBOOK

Which hearing/ meeting applies?

There are key differences between public hearings and public meetings.

In the case of development plans, it is important to know which one applies to the application.

Planning Commission Zoning Items Public Hearing Preliminary subdivision plans and preliminary development plans associated with a zone change will be heard at this meeting. The commission will take action on agenda items at that time.

Planning Commission Subdivision Items Public Meeting - Subdivision plans and development plans that are not tied to a zone change are discussed at this meeting. The commission will take action on agenda items at that time.

Urban County Council Public Hearing - The Planning Commission forwards their recommendations on zone change requests to the Urban County Council for a final decision, which may include a public hearing. Note, the companion development plan is subject only to approval by the Planning Commission.

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS

4

PLANNING COMMISSION RECOMMENDS APPROVAL WEEK 5 (OR 7)*

How is the Consent Agenda used?

Also known as, “No Discussion Items” on the Planning Commission Subdivision Items Public Meeting agenda, these are items considered to require no discussion. Cases on the Consent Agenda must meet ALL of the following criteria: 1. The Subdivision Committee recommendation is for approval.

2. The Applicant agrees with the Subdivision Committee recommendation and conditions listed on the agenda.

3. No discussion is sought by the Commission.

4. No person present at the meeting objects to the Commission acting on the matter without discussion.

5. The matter does not involve a waiver of the Land Subdivision Regulations.

The Planning Commission Chair will ask if there are any cases on that list which either the Planning Commission or member of the public wishes to discuss. If further discussion is requested that item is “pulled” from the Consent Agenda for a full discussion later in the agenda. All of the remaining items can be recommended for approval with a single motion.

Note, there is no Consent Agenda for the Zoning Public Hearing. In its place, the commission may choose to do an “abbreviated hearing” for a zoning item that does not require a full discussion and receives no public opposition.

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Planning Commission Public Meeting/Hearing

Development plans and subdivision items that are not associated with a zone change will be heard at the Planning Commission Subdivision Items Public Meeting. This meeting is held in the Government Center Building’s Council Chambers on the second Thursday of the month*, unless otherwise stated. It occurs one week following the Subdivision Committee meeting.

For plans that are submitted in conjunction with a zone change request, the Commission’s review is heard at the time the zoning is reviewed, on the fourth Thursday of the month*, during the Planning Commission Zoning Items Public Hearing. *Week 5 if discussed at Subdivision Items Meeting; week 7 if heard at Zoning Items Public Hearing

The agenda will generally outline the order in which cases will be heard.

Typically, postponements and withdrawals are heard first, followed by Consent Agenda items. All other items will be heard in the order of the agenda.

All applicants must attend, or have an authorized representative attend the hearing or meeting when the application will be considered or the application is likely to be postponed for one month. Planning Commission must take action within 90 days of the application date. The exception is if the Applicant chooses to postpone themselves, thereby extending the timeline.

For a detailed look at how the City of Lexington runs their Planning Commission hearings and meetings, please see “What is the Planning Commission Hearing?” in Appendix I. The Planning Commission can take the following actions: •

APPROVAL WITH CONDITIONS – Applicant updates plan to fully comply with any conditions of approval and submits the plan to be certified by the Commission’s Secretary.

APPROVAL – if the Planning Commission votes to approve, the development plan is ready to be certified by the Commission’s Secretary with no further corrections or revisions of the plan required by the Applicant.

•

POSTPONEMENT – if the Planning Commission votes to postpone because the Applicant is providing additional information or significantly changing their application the Applicant is given the opportunity to address issues and resubmit their application to the Committees (returning the application to Step 3 on page 4-7).

If no significant changes are being made to the application but the Planning Commission would like to allow additional time for Planning Staff to work with the Applicant, the Planning Commission will typically postpone for one month to the next appropriate hearing or meeting date. Applicants must agree to any longer postponements, which can range from 60-90 days (120 days in the expansion area). There is also an option for indefinite postponement, if determined appropriate by the Applicant.

•

DISAPPROVAL – if the Planning Commission votes to disapprove,

CITY OF LEXINGTON - DIVISION OF PLANNING

PROJECT IN DEVELOPMENT; DRAFT UPDATED 06.15.2021 Planning Services Staff closes out the Accela Citizen Portal application and development is not allowed to proceed. The Applicant may reapply after one year’s time.

Applicants or an aggrieved party may appeal decisions to higher decision making bodies within 30 days. The first level of appeals is with the Circuit Court, then progresses to the District Court of Appeals, and finally the Supreme Court.

An Appeal of the Planning Commission’s recommendation must be made within the 30 days after the action was taken.

5

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES PLAN Compliant plan signed by Planning Commission’s Secretary

A compliant development plan will be signed by the Planning Commission’s Secretary. In the case that Planning Services Staff does not find the plan in conformance with the Planning Commission action they will contact the Applicant to make required corrections and resubmit for review.

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

Who can make an appeal?

Any person or entity, whether the Applicant, member of the public, or some other party, claiming to be injured or aggrieved by any final action of the Planning Commission has the option to appeal that decision. This may be the case with an approval or disapproval.

The contents of the Development Handbook do not explicitly cover appeals, as they are outside of the standard development review process. For more detailed information on the appeals process, consult the Kentucky Revised Statutes related to the appeals process for planning related decisions- KRS 100.347.

For development plans in association with a zone change, the Planning Commission Secretary has to sign and certify the plan within 14 days from date of approval. For all other plans the Secretary has 1 year from date of approval to sign and certify the plan.

Subdivision plans must meet all of the conditions laid out by the Planning Commission within 1 year of a Planning Commission action to get certified or the Applicant will need to seek an extension or reapproval by the Planning Commission.

The Applicant must submit the Final Development Plan for Commission consideration within 2 years of Planning Commission’s approval of the Preliminary Development Plan; otherwise, it becomes a disapproval.

DEVELOPMENT HANDBOOK

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS

Final Development Plan 6

APPLICANT FILES FINAL DEVELOPMENT PLAN APPLICATION See Step 1 on page 4-4 with the following exceptions to the application process:

7

•

Final Development Plan – Follow the Development Plan instructions outlined in Section 21-6 Contents and Format of Development Plans of the Zoning Ordinance. Final development plan information shall be of an exact nature, rather than approximate or general. Submit a reproducible mylar hard copy.

•

Tree Preservation Plan (TPP) – Required to be filed as a part of any initial application for approval of a final development plan. The TPP includes the findings of the TIM in relation to the final site design. If a TPP is not provided at the time of filing, the application shall not be considered as properly filed and may be rejected. The TPP shall contain at a minimum the information laid out in Article 26 - Tree Protection Standards of the Zoning Ordinance.

STAFF REVIEWS AND PROVIDES RECOMMENDATION See Step 2 on page 4-6

8

COMMITTEES REVIEW AND PROVIDE RECOMMENDATIONS See Step 3 on page 4-7

9

PLANNING COMMISSION RECOMMENDS APPROVAL See Step 4 on page 4-10

10

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES PLAN See Step 5 on page 4-11

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CITY OF LEXINGTON - DIVISION OF PLANNING

Certificates, Permits, & Inspections 11

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

PLANNING SERVICES STAFF FILES CERTIFICATE OF LAND USE RESTRICTION Certificate Filed with Fayette County Clerk The certificate shall set forth the: •

Property owner name and address

•

Property address

•

Subdivision or development name, if there is one

•

Division of Planning name and address, which maintains the original records containing the restriction

•

Type of land use restriction adopted or imposed

Any variances or conditional zoning conditions should be noted if applicable.

Planning Services Staff will file the Certificate of Land Use Restriction with the Fayette County Clerk’s office within 30 days of the Council decision at the Urban County Council Hearing.

12

APPLICANT APPLIES FOR BUILDING PERMIT(S) Applicant works with Building Inspection to file appropriate building permits The Applicant must obtain building permits for all structures shown on the Final Development Plan within 5 years of Planning Commission’s approval; otherwise, no further building permits shall be issued unless and until the plan is re-approved.

Building Inspection verifies appropriate conditions and ensures they are clear to move forward via Planning

13

CERTIFICATE OF OCCUPANCY

The Building Inspection Process

The Division of Planning is not directly involved in the development once the Applicant moves on to the building inspection and permitting stage, which may contain multiple steps within the building inspection process. The Applicant may repeat Steps 12 and 13 multiple times for a single plan depending on how many structures are present and the timing of construction.

This process will not be outlined within this handbook; questions can be directed to the Division of Building Inspection at buildinginspection@lexingtonky.gov

Building Inspection issues a Certificate of Occupancy upon findings of Final Inspection DEVELOPMENT HANDBOOK

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DEVELOPMENT PLANS STEP-BY-STEP PROCESS

Minor Development Plan Amendments

What makes a minor amendment minor?

The bulk of this section focuses on the process for major development plans, which involve a change on the site determined to be of major significance. This is not always the case, as some plans involve a slight change of only minor significance.

These generally relate to the shifting of previously approved spaces on an approved development plan.

The developer must adhere to the requirements set for minor plans in order for the amendment to qualify for the expedited process.

These prohibit 1) decreases in the overall land area and open spaces; 2) increases in floor area, lot coverage or dwelling units; 3) increase in number or size of signs; 4) changes in street cross-section or access points* *For more detailed information on what qualifies as a minor amendment, see Section 21-7 of the Zoning Ordinance.

The Applicant may need to amend their application. If the amendment is considered minor, Planning Staff can review and approve the plan without needing to go before the Committees and Planning Commission.

A

APPLICANT FILES MINOR AMENDMENT APPLICATION Applicant submits application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (lexingtonky.gov/ plans) (see Section 01 - Application Basics). The Applicant also submits three hard copies of the uploaded materials and filing fee to Planning Services Staff: •

Amended Development Plan – Follow the Final Development Plan instructions outlined in Sections 21-6 Contents and Format of Development Plans of the Zoning Ordinance noting specifically where the amendment is proposed compared to the certified plan on file.

•

Deed(s) to the property

There is no filing deadline for minor development plan amendment applications. A non-refundable filing fee of $250 in the form of a check or money order made payable to “LexingtonFayette Urban County Government” or “LFUCG” is collected..

Amendments to development plans that are considered to be significant/major will follow the same procedures outlined for final development plans in this section (Section 21-4).

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CITY OF LEXINGTON - DIVISION OF PLANNING

DEVELOPMENT PLANS STEP-BY-STEP PROCESS

B

STAFF REVIEWS AND PROVIDES RECOMMENDATION Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information from the Applicant or forward questions to other government agencies for further review, such as Traffic Engineering and E-911, if needed.

The initial review of the application by Planning Services Staff typically takes place between 2-3 days after the filing. The remaining timeline varies per application.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with Article 21 - Development Plans of the Zoning Ordinance?

C

YES

If there are no errors, Planning Services Staff passes along the Compliant Plan to be signed by the Commission’s Secretary.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant’s Design Professional to address any remaining errors or incomplete items. The Applicant then resubmits in person and through the Accela Citizen Portal.

PLANNING COMMISSION SECRETARY SIGNS & CERTIFIES PLAN See Step 5 on page 4-11

DEVELOPMENT HANDBOOK

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CITY OF LEXINGTON - DIVISION OF PLANNING

05:

Board of Adjustment

Zone Change

Subdivision Plans

DEVELOPMENT HANDBOOK

Development Plans

Zone Change

Zoning Ordinance Text Amendment

5-1

Planning Processes: Zone Change Request KEY ROLES IN THIS PROCESS: Applicant

Public

Mixed Planning Staff

Planning Services

Committees

Planning Urban CommissionCounty Council

Zone Changes (AKA Map Amendment Requests). This type is used to describe applications that request to change the zoning of a property to allow for some type of land use. An example would be if an applicant wishes to change an area zoned for townhomes to one that allows for a higher density multi-family project.

The Zone Change (or Map Amendment Request) process is guided by the Zoning Ordinance. The proposal for Zone Change may only originate with the Planning Commission, the Urban County Council, the owner of the subject property, or by a person with written authorization from the owner of the subject property. Per KRS 100 213, the Applicant must effectively demonstrate to the Planning Commission that the map amendment is in agreement with the adopted Comprehensive Plan. In the absence of such a finding, then the body must find that 1) the existing zoning is inappropriate and the proposed zoning is appropriate or 2) there have been major changes within the area which were not anticipated in the Comprehensive Plan.

Principal permitted uses, accessory uses, conditional uses and prohibited uses are identified for each zone. Principal and accessory uses are generally allowed “by right”, and can be pursued once all of the requisite permitting has been accomplished through the Division of Building Inspection. There are also a few “overlay” zones that accompany the underlying zoning designations for some select areas, such as local historic districts and agricultural markets and corridors.

Approximate Expected Timeline to Complete Process: 4 - 6+ months

Permitted Use

A permitted use is a use that is allowed as long as the landowner meets all of the other requirements of the particular zoning category.

Accessory Use

A use or structure subordinate / incidental to the principal use or building on a lot. No accessory structure can be constructed on a lot before a principal structure.

Conditional Use

A use which may be suitable only in specific locations and under certain conditions in the zone, and which would not have an adverse influence on existing or future development of the subject property or its surrounding neighborhood.

Prohibited Use

Any use of land, other than nonconforming, which is not listed as a permitted use or conditional use within a zoning district.

REASONS WHY YOU MIGHT NEED A ZONE CHANGE REQUEST: 1. Current land use does not meet your proposed or desired land use 2. Current land use is non-conforming and the owner/operator would like to expand that use This process document provides an example of the basic steps to approval and completion for this process. For a more complete illustration, please refer to the expanded process document.This illustration is presented for general information purposes only and is not a substitute for governing documents. All applicants should consult with the Division of Planning prior to filing and defer to the guidance provided for your specific circumstance. Further, requirements outside of the Division of Planning are beyond the purview of this document.

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CITY OF LEXINGTON - DIVISION OF PLANNING

FULL ZONE CHANGE PROCESS:

Zoning Map Amendment Sought

To view a more detailed, comprehensive workflow for this process, please visit the Division of Planning website- lexingtonky.gov/planning-resources

PREPARE APPLICATION 1 Applicant Engages with Stakeholders and Has Pre-App with Staff

2

Applicant Files Zoning Map Amendment Application

3

4 Staff Processes Application

PROFESSIONAL REVIEWS & PROCESSING 5

6 Staff Provides a Recommendation

Zoning Committee Reviews and Prepares Recommendation

7 Staff Posts Signs and Newspaper Notice

PUBLIC HEARINGS & LEGISLATIVE REVIEW 8

9

Planning Commission Recommends Approval

Staff Files Certificate of Land Use Restriction

11

Planning Commission Secretary Signs Compliant Plan

Zoning Map / Zoning Atlas Amended

DEVELOPMENT HANDBOOK

10

Council Conducts Legislative Readings or Holds Public Hearing

Notifications Distributed

Lexington’s Zoning Atlas, MapIt!, and Zone Finder Tools There are multiple tools hosted on the LFUCG Data Hub that provide a number of ways to explore zoning in the community.

Lexington’s Official Zoning Atlas provides an interactive web map showcasing all of the zones within the county - there are over 35! There are also layers for various overlays that can be toggled on and off.

The MapIt! tool also provides an interactive format to view local zoning. Though there are less overlays available, this tool has a “Near Me” and “Screening” feature that can be use to gather basic information about nearby addresses, such as zoning and neighborhood assocation.

The Zone Finder tool is more address specific, allowing users to search for zoning and overlay information and retrieve results for a specific site.

5-3

ZONE CHANGE STEP-BY-STEP PROCESS

Article 6 Amendments

Section 6-1 of the Zoning Ordinance deals directly with the procedures for filing a Zoning Map Amendment (aka Zone Change).

Prepare Application 1

APPLICANT ENGAGES WITH PLANNING STAFF & STAKEHOLDERS Project Feasibility Meeting

The Applicant has the option (and is strongly encouraged) to meet with a mix of staff from the Division of Planning, including Long-Range Planning, Transportation Planning, and Planning Services (known henceforth simply as Planning Staff) for a “Project Feasibility Meeting(s)” to explore options for a site, ask questions, and work with design and technical members of Planning Staff on an informal basis. This is a good way to test the waters on an exploratory basis and it is also an opportunity to begin to address some pitfalls the project may face once it comes time to apply.

Applicant engages with stakeholders

The Comprehensive Plan encourages anyone seeking a zone change to undertake “meaningful engagement” with stakeholders early and often throughout the process. For guidance on meaningful engagement and more, see the Public Engagement Toolkit.

Pre-Application Meeting

The Applicant is required to meet with Planning Staff for a “Pre-Application Meeting”. No application can be submitted unless an official Pre-Application Meeting has been held with Planning Staff for which a record is on file in the Planning Division Office.

Public Engagement Toolkit (PET)

The Toolkit goal is to offer developers guidance and tips for success, while simultaneously empowering Lexington residents to: •

Understand the development review process

•

Know where to find information about proposed developments

•

Recognize appropriate stages in the process to provide input

https://imaginelexington.com/PET

5-4

The purpose of this meeting is to discuss the requirements, procedures, and issues related to the zoning, land use, and proposed development plan, allowing Planning Staff to point out potential pitfalls the Applicant may face in the future. As a result, the Applicant is better prepared to alleviate possible conflicts recognized early-on in the process. While each meeting is different, these discussions between the Applicant and Staff will typically focus on: •

Recommendations from the adopted Comprehensive Plan

•

Existing conditions on the site

•

Necessary facilities, whether existing or to be provided

In addition to the historical context review, the current conditions, and the Comprehensive Plan recommendations, the Applicant will review a draft development plan. Staff will provide a brief review and indicate potential issues.

The Pre-Application Meeting will also include a discussion of the appropriate Placebuilder Place-Type(s) and Development Type(s) (see Section 01 - The Comprehensive Plan) from the Comprehensive Plan and how that would relate to the potential zone change being requested.

CITY OF LEXINGTON - DIVISION OF PLANNING

ZONE CHANGE STEP-BY-STEP PROCESS

Supportive information to help the Applicant prepare their application includes the following materials, provided by Planning Services Staff: •

Steps involved in Zone Map Amendments

•

Instructions for Completing the Zone Map Amendment Application

•

Filing Fee Schedule

•

Official Meeting and Filing Schedule

•

Guidance for Zone Change Justification

•

Excerpts from The Placebuilder

The Pre-Application Meeting must be done at least 5 business days before an application is submitted and is good for up to 3 months. An Applicant can renew their Pre-Application Meeting within the 3 months, so long as there have been no major changes in the ordinance or the development intent that would affect their application.

2

APPLICANT FILES ZONING MAP AMENDMENT APPLICATION

Who gets notified?

The Applicant is required to notify all property-owners within 500’ of the rezoning area; if the property is within or adjacent to an A-R zone, notification is required to the lesser of 2 adjacent properties or properties within 2400 feet.

To determine which properties to include, the Applicant is asked to create the following: •

Property information map – showing the parcel(s) under review with a 500’ buffer drawn from the property boundary.

•

List of surrounding property owners – indexing all property addresses (and any possible mailing addresses if it differs from the property address), as well as any neighborhood association(s)*, within the above property information map buffer.

WEEK 1

Applicant submits application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (see Section 01 Application Basics). The Applicant also submits hard copies of the uploaded materials to Planning Services Staff prior to the filing deadline: •

Development Plan – Follow the Development Plan instructions outlined in Section 21-6 Contents and Format of Development Plans of the Zoning Ordinance. Development Plan submission shall include a Tree Inventory Map or Tree Protection Plan.

•

Deed(s) to the property

•

•

Consent letter, contract or owner’s signature page – required if the Applicant is not the property owner.

Supplementary property information map (if required)

•

Supplementary property owner list (if required)

•

Justification letter and associated Development Criteria – A detailed project description, including the proposed zoning and PlaceType. Provide as many details as possible, and make sure that the description matches the development plan.

•

Legal description – One legal description is necessary for all pieces of the zone change.

•

Notification Package – The Applicant is asked to prepare materials and to identify all properties that must be notified by letter. The Applicant shall provide the following: Property identification map(s) and list of surrounding property owners <see Who gets notified? call-out box to the right>.

Stamped and addressed envelopes, one for each property owner and neighborhood association identified (neighborhood association envelopes do not need to be addressed, but must be stamped).

The Applicant can work with the Fayette County, Kentucky Property Valuation Administrator (PVA) to obtain this information. *The contact information for each neighborhood association must be obtained from the Division of Planning prior to filing the application. Be aware that this listing is continually updated, and use of the most current listing available is of paramount importance to prevent a delay to your request.

The Applicant shall place a copy of the notification letter and development plan in each envelope.

DEVELOPMENT HANDBOOK

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ZONE CHANGE STEP-BY-STEP PROCESS

A return address stamp is available for use in the Division of Planning Office, or the following return address may be added to the envelopes prior to submitting them to the Division of Planning:

LFUCG DIVISION OF PLANNING 200 E. MAIN STREET LEXINGTON, KY 40507 Duplicate envelopes are not required for a property owner that owns multiple properties in the notification area as long as they have a single mailing address. The envelopes should be standard business (4.25 x 9.5), no “easy close” type. They should not be sealed. Postage stamps, not a postage meter must be used. Envelopes must be stacked in the same order as shown on the list of property owners.

Note: Do not copy the notification letter, Development Snapshot, and development plan, or stuff the envelopes, until Planning Services Staff has confirmed that the materials are acceptable.

An application will not be considered as officially “filed” unless the online application is completely filled out, the hard copies are dropped off, and the fee is paid by the filing deadline.

Upon filling out the application online completely, a record number will automatically be assigned to each case (PLN-MAR-21-##### ), which can be used to track the application throughout the process.

Division of Planning Filing & Fee Schedule

The official filing schedule is adopted by the Planning Commission annually, so dates are subject to change. See the Division of Planning’s “Official Meeting and Filing Schedule” on the Planning Commission web page for the exact date each month.

The filing deadline for Planning Commission applications is by 4:00 p.m. typically on the first Monday of the month. A nonrefundable filing fee of $550 in the form of a check or money order made payable to “Lexington-Fayette Urban County Government” or “LFUCG” is also collected at this time. *A separate filing fee and additional application requirements are associated with an associated development plan (see Section 04 Development Pan).

The filing location is always: Division of Planning Office 101 E. Vine St., 7th Floor Lexington, KY 40507 The official filing fees are occasionally revised. See the Division of Planning’s “Official Filing Fee Schedule” for the most recent information.

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CITY OF LEXINGTON - DIVISION OF PLANNING

3

STAFF PROCESSES APPLICATION

ZONE CHANGE STEP-BY-STEP PROCESS

WEEK 2

Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information, if needed.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with Article 6 - Amendments of the Zoning Ordinance?

4

YES

If there are no errors, Planning Services Staff adds the application to the agenda for upcoming Committee review.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant to address any remaining errors or incomplete items.

The Applicant then resubmits in person and through the Accela Citizen Portal.

NOTIFICATION DISTRIBUTED Notification letters distributed

Planning Services Staff and the Applicant use the notification package from the application to send notification letters to property owners, and affected neighborhood associations (notified parties previously outlined in the Who gets notified? call-out box). This includes supplemental notice for agricultural zones if applicable.

Notification letters must be sent at least 21 days in advance of the Planning Commission Zoning Items Public Hearing.

DEVELOPMENT HANDBOOK

Development Snapshot Planning Services Staff creates a simple, reliable, and consistent handout that hits the highlights of each project up for a zone change known as the Development Snapshot (see Appendix II for an example).

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ZONE CHANGE STEP-BY-STEP PROCESS

Professional Reviews & Processing 5

STAFF PROVIDES A RECOMMENDATION Planning Services Staff prepares staff review materials

Planning Services Staff prepares and distributes review materials to the rest of the Division of Planning, including the original application packet and any updated materials.

Planning Staff makes recommendations

Planning Staff members from each section of the Division of Planning review each application and recommend approval, disapproval, or postponement based on compliance with the Zoning Ordinance. The discussions held during this meeting will help to form the staff report.

Urban Service Report

Included on each staff report for a zoning map amendment request, the Urban Service Report reviews the current context of the property, specifically in relationship to the infrastructure and services present in the area. This includes, but is not limited to, things such as roads, sidewalks, sanitary sewers, transit access, emergency services, and parks.

Our Committee Structure For a detailed look at how Lexington’s Division of Planning runs their committees please see the following in Appendix I.

Planning Services Staff prepares staff report and presentation for Zoning Committee

Planning Services Staff reviews the application materials, the area context, and the recommendations discussed during the staff review meeting to create a staff report to be distributed on the day of the Zoning Committee meeting.

The staff report is a document generated to advise the Planning Commission in making their determination regarding the application. It includes: •

Existing Zoning and Land Use

•

Urban Service Report

•

Description of Zone Change

•

Summary of Request - proposed zoning and land use, Place-Type and Development Type

•

Community Engagement

•

Property and Zoning History

•

Comprehensive Plan Compliance

•

Staff Recommendation

This will be in addition to the staff report and presentation that Planning Services Staff is required to create for the associated development plan, which will be used by the Technical Review and Subdivision Committees. For more on that process see Section 04 - Development Plan.

What is the Technical Review Committee?

What is the Subdivision Committee?

What is the Zoning Committee?

5-8

The Applicant has around 3-4 weeks between the submission of the application and the Zoning Committee meeting. During that window, the Applicant may address errors to the zone change application highlighted by Planning Services Staff.

CITY OF LEXINGTON - DIVISION OF PLANNING

6

ZONING COMMITTEE REVIEWS AND PREPARES RECOMMENDATION

ZONE CHANGE STEP-BY-STEP PROCESS

WEEK 4 LEX

Zoning Committee provides a recommendation

The Zoning Committee is composed of half the members of Planning Commission. This committee meets in the afternoon on the first Thursday of each month, at 1:30 p.m. in the Division of Planning Office.

This is typically three weeks prior to the Planning Commission Zoning Items Public Hearing. For development plans that are submitted in conjunction with a Zone Change request, the Subdivision Committee’s recommendation is heard at the Planning Commission’s Zoning Items Public Hearing (see Section 04 for more on Development Plans), which is two weeks after the Planning Commission Subdivision Items Meeting.

A member of Planning Services Staff presents the basics of the zone change application and the associated development plan, followed by a brief response by the Applicant or their representative. The Committee members discuss any specific concerns or issues they may have. During the meeting, members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

Subdivision or Zoning Committee?

All major development plans are subject to review by the Subdivision Committee. This committee reviews the outcomes of the TRC, provides feedback to the Applicant, and passes on a recommendation to the full Planning Commission.

The Zoning Committee also considers preliminary development plans, but only as supporting material associated with a zone change request. While the Zoning Committee is responsible for making a recommendation on the proposed zone change, they do not make a recommendation on the plan itself.

The Zoning Committee can recommend: •

APPROVAL – the Committee can recommend a conditional approval, but this will still include a list of conditions that will need to be addressed prior to the project receiving the zone map amendment.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the full Planning Commission at the Planning Commission Zoning Items Public Hearing.

•

POSTPONEMENT – the Committee can recommend postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask the Planning Commission for a postponement or continue on in the process.

•

DISAPPROVAL – the Committee can recommend disapproval if they feel that the zone change is inappropriate. The Applicant can then decide whether to continue on to the full Planning Commission without the approval of the Committee.

DEVELOPMENT HANDBOOK

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ZONE CHANGE STEP-BY-STEP PROCESS

Which hearing/ meeting applies?

There are key differences between public hearings and public meetings.

In the case of development plans, it is important to know which one applies to the application.

Planning Commission Zoning Items Public Hearing Preliminary subdivision plans and preliminary development plans associated with a zone change will be heard at this meeting. The commission will take action on agenda items at that time.

Applicant considers feedback and next steps

Based on feedback and recommendations from Planning Staff and Committee review, the Applicant can choose to: •

PROCEED to the Planning Commission Zoning Items Public Hearing.

The Applicant is asked to submit a color rendering (aka “color up”) in advance of the hearing or meeting. If needed, Planning Services Staff revises the agenda with updated information from the Applicant, including any revised conditions.

•

REQUEST A POSTPONEMENT by notifying Planning Services Staff that the Applicant wants to postpone in writing, along with a projected timeline. Planning Services Staff adds the item to the agenda. The Applicant should still plan to attend the Planning Commission meeting to address current questions/concerns and state their projected timeline, or declare an indefinite postponement.

If the Applicant plans to postpone indefinitely, they must submit a new notification letter, which will be sent out by Planning Services Staff with postponement content.

Planning Commission Subdivision Items Public Meeting - Subdivision plans and development plans that are not tied to a zone change are discussed at this meeting. The commission will take action on agenda items at that time.

Urban County Council Public Hearing - The Planning Commission forwards their recommendations on zone change requests to the Urban County Council for a final decision, which may include a public hearing. Note, the companion development plan is subject only to approval by the Planning Commission.

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If the Applicant plans to postpone with a new desired hearing date, they must submit new notification letters including the new date. The Applicant can then update the application and/or provide supplementary details. Planning Services Staff sends letters with postponement content when Applicant is ready to proceed.

When the Applicant is prepared to move forward, either they can, or members of Planning Staff or Committee members, can request that the application be returned to Committees, particularly when there are substantial issues or changes to the plan (returning the application to the beginning of Step 3 on page 5-7).

If the application does not need to return to Committees, it may be added to the agenda for the upcoming Planning Commission Zoning Items Public Hearing.

•

WITHDRAW the application, with the opportunity to reapply at any time. The Applicant submits an official letter of withdrawal to Planning Services. Planning Services closes out the application in the Accela Citizen Portal and files physical documents.

CITY OF LEXINGTON - DIVISION OF PLANNING

7

STAFF POSTS SIGNS AND NEWSPAPER NOTICE

ZONE CHANGE STEP-BY-STEP PROCESS

WEEKS 5-6

Planning Services Staff distributes public notice

Prior to the Planning Commission Zoning Items Public Hearing, Planning Services Staff does the following: •

Posts notification signs in a conspicuous place on the subject property with information on the upcoming zone change hearing. Signs must remain posted for 14 consecutive days prior to and through the Planning Commission Zoning Items Public Hearing.

Notification signs posted on property 2 weeks out from Planning Commission Zoning Items Public Hearing.

•

Prepares legal advertisement for the public hearing and posts to the Planning website. After the legal ad is posted, only action by the Planning Commission can postpone an application.

•

Advertises in the Lexington Herald Leader the upcoming meeting and a link to agenda on the Planning website between 7-14 days prior to the Planning Commission Zoning Items Public Hearing, typically the second or third Tuesday of the month.

•

Prepares agenda and minutes and e-mails to Planning Commission members, Applicant, and representative attorney(s), and posts the staff report to the Accela Citizen Portal.

Agenda posted 7-10 days out from Planning Commission Zoning Items Public Hearing.

•

Prepares presentation for Planning Commission Zoning Items Public Hearing.

DEVELOPMENT HANDBOOK

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ZONE CHANGE STEP-BY-STEP PROCESS

Public Hearings & Legislative Review WEEK 7

How is the Consent Agenda used?

Also known as, “No Discussion Items” on the Planning Commission Subdivision Items Public Meeting agenda, these are items considered to require no discussion. Cases on the Consent Agenda must meet ALL of the following criteria: 1. The Subdivision Committee recommendation is for approval.

2. The Applicant agrees with the Subdivision Committee recommendation and conditions listed on the agenda.

3. No discussion is sought by the Commission.

4. No person present at the meeting objects to the Commission acting on the matter without discussion.

5. The matter does not involve a waiver of the Land Subdivision Regulations.

The Planning Commission Chair will ask if there are any cases on that list which either the Planning Commission or member of the public wishes to discuss. If further discussion is requested that item is “pulled” from the Consent Agenda for a full discussion later in the agenda. All of the remaining items can be recommended for approval with a single motion.

Note, there is no Consent Agenda for the Zoning Public Hearing. In its place, the commission may choose to do an “abbreviated hearing” for a zoning item that does not require a full discussion and receives no public opposition.

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8

PLANNING COMMISSION RECOMMENDS APPROVAL Planning Commission Zoning Items Public Hearing

A Planning Commission Public Hearing for Zoning Items is a public meeting held in the Government Center Building’s Council Chambers on the fourth Thursday of the month. The hearing agenda will generally outline the order in which cases will be heard. Typically, postponements and withdrawals are heard first, followed by Consent Agenda items. Any cases up for discussion, with a recommendation of disapproval, or cases that have objectors present, will typically be shifted to the end of the hearing.

All applicants must attend, or have an authorized representative attend the hearing when the application will be considered or the application is likely to be postponed for one month. Planning Commission must take action within 90 days of the application date. The exception is if the Applicant chooses to postpone thereby extending the timeline.

For a detailed look at how the City of Lexington runs their Planning Commission hearings and meetings please see “What is the Planning Commission Hearing?” in Appendix I. The Planning Commission can make the following actions: •

APPROVAL / APPROVAL SUBJECT TO CONDITIONS– if the Planning Commission votes to approve, the case will continue on to the Urban County Council (Council).

•

POSTPONEMENT – if the Planning Commission votes to postpone

Applicant updates the development plan to comply with conditions set forth by the Planning Commission within 14 days. because the Applicant is providing additional information or significantly modifying their application the Applicant is given the opportunity to address issues and resubmit their application to the Committees (returning the application to Step 4 on page 5-7).

If no significant changes are being made to the application, but the Planning Commission would like to allow additional time for Planning Staff to work with the Applicant, the Planning Commission will typically postpone for one month to the next appropriate hearing date. The Planning Commission must take action within 90 days regardless.

CITY OF LEXINGTON - DIVISION OF PLANNING

•

DISAPPROVAL – if the Planning Commission votes to disapprove the application, the Applicant can still request to have their case heard before the Council.

When the Planning Commission recommends disapproval for a zone change, the development plan will be indefinitely postponed. If the Council later decides to approve the zone change, the development plan must return to the Planning Commission.

The Council can either reaffirm the recommendation made by the Planning Commission or have their own Public Hearing to review the proposed zone change.

The Council has to act within 90 days of the Planning Commission decision.

An Appeal of the Planning Commission’s recommendation must be made within the 30 days after the action was taken.

ZONE CHANGE STEP-BY-STEP PROCESS

What is the recommendation based upon?

Before recommending to the Council that a zone change be granted, the Commission shall find that it is in agreement with the Comprehensive Plan adopted by the Commission; or, in the absence of such a finding, that: a. The existing zoning classification for the property was inappropriate and the proposed zoning classification is appropriate; or b. There have been major changes of an economic, physical or social nature within the area, which were not anticipated in the Comprehensive Plan and which have substantially altered the area’s basic character.

Who can make an appeal?

9

PLANNING COMMISSION SECRETARY SIGNS COMPLIANT PLAN Compliant plan signed by Planning Commission’s Secretary and recommendations sent to Council

A compliant plan will be signed by the Planning Commission’s Secretary. The plan and report of the Planning Commission’s recommendation will be sent on to Council by Planning Services Staff with supporting materials.

The Planning Commission’s recommendation will be sent to Council 14 days from date of approval.

Any person or entity, whether the Applicant, member of the public, or some other party, claiming to be injured or aggrieved by any final action of the Planning Commission has the option to appeal that decision. This may be the case with an approval or disapproval.

The contents of the Development Handbook do not explicitly cover appeals, as they are outside of the standard development review process. For more detailed information on the appeals process, consult the Kentucky Revised Statutes related to the appeals process for planning related decisions- KRS 100.347.

Conditional Uses and Variances Allowed at the Time of Zoning

The Planning Commission may hear and act upon requested conditional uses and variances associated with a zone change. If they should choose to hear a conditional use or variance request, the Planning Commission can act in place of the Board of Adjustment. See Sec. 6-4 Commission Procedure of the Zoning Ordinance for more information.

DEVELOPMENT HANDBOOK

5-13

ZONE CHANGE STEP-BY-STEP PROCESS

10

COUNCIL CONDUCTS LEGISLATIVE READINGS OR HOLDS PUBLIC HEARING Council determines next steps

The Council has an additional 90 days from the Planning Commission Public Hearing to take one of the following steps: •

INACTION – if the Council chooses inaction then the Planning Commission’s recommendation stands.

•

NO PUBLIC HEARING – if the Council chooses to not hold a Public Hearing then the Council can do a first and second reading of the ordinance over the course of two Council hearings, resulting in the change of the zoning. This does not require a presentation by Planning Staff or the Applicant and is used in uncontested or less complex cases.

•

PUBLIC HEARING – if the Council chooses to hold an Urban County Council Public Hearing (Council Hearing), following a majority vote in work session, then the Applicant must follow a similar process to notify surrounding neighbors of the upcoming Public Hearing by posting signs on the property and mailing letters to nearby property owners (notified parties previously outlined in the Who gets notified? call-out box).

Within that 90 day window, the Council will hear the case. The Council shall allow Planning Staff testimony, the Applicant, protesters, and any other interested members of the public, and it shall allow parties to rebut the evidence presented by other parties.

Council Public Hearing

Similar to Planning Commission, a Council Hearing for Zoning Items is a public meeting held in the Government Center Building’s Council Chambers. The Council Hearing agenda will generally outline the order in which cases will be heard.

All applicants must attend, or have an authorized representative attend the Council Hearing when the application will be considered or the application is likely to be postponed for one month.

The Council can make the following rulings, but it takes a Council majority to override the Planning Commission’s recommendation: •

APPROVAL SUBJECT TO DEVELOPMENT PLAN – if the Council votes to approve, the case will move out of the Division of Planning, but in most cases many subsequent actions will be needed related to the development plan and eventual permitting before the Applicant can initiate the proposed activity.

•

DISAPPROVAL – if the Council votes to disapprove the application, the Zoning Map does not get amended, and the case cannot be heard again for one year, unless there are new grounds (such as a change of facts or conditions) that were not considered at the first hearing. Should things change, a new appeal can be requested before the one year expiration – known as an “Early Rehearing Request.” If the Planning Commission decides to rehear the Zone Change before the one year is up, the Applicant will be placed on the agenda according to the normal filing schedule.

The Applicant always has the ability to elevate their case and appeal it to the Circuit Court if they do not agree with the decision.

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CITY OF LEXINGTON - DIVISION OF PLANNING

11

LAND USE RESTRICTION FILED AND ZONING MAP AMENDED

ZONE CHANGE STEP-BY-STEP PROCESS

Certificate Filed with Fayette County Clerk The certificate shall set forth the: •

Property owner name and address

•

Property address

•

Subdivision or development name, if there is one

•

Division of Planning name and address, which maintains the original records containing the restriction

•

Type of land use restriction adopted or imposed

Any variances, conditional use permits, or conditional zoning conditions should be listed if applicable.

Planning Services Staff will file the Certificate of Land Use Restriction with the Fayette County Clerk’s office within 30 days of the Council decision at the Urban County Council Hearing.

Zoning Map/Atlas Amended Effective immediately of the Council decision the zoning change goes into effect. The official zoning map and online resources should reflect the changes within a few weeks..

DEVELOPMENT HANDBOOK

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THIS PAGE LEFT INTENTIONALLY BLANK

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CITY OF LEXINGTON - DIVISION OF PLANNING

06:

Board of Adjustment

Zoning Ordinance Text Amendment

Subdivision Plans

DEVELOPMENT HANDBOOK

Development Plans

Zone Change

Zoning Ordinance Text Amendment

6-1

Planning Processes: Zoning Ordinance Text Amendment (ZOTA) KEY ROLES IN THIS PROCESS:

Applicant

Public

Mixed Planning Staff

Planning Services

Committees

Planning Urban Commission County Council

Zoning Ordinance Text Amendments (ZOTAs) differ from map amendment requests in that they are typically broad policy changes within the Zoning Ordinance and are not tied to a specific property. These proposed changes are based on the needs of the community as a whole. Some examples of ZOTAs that were adopted in recent years include: •

Modifications to the allowable floor area ratio and lot coverage in multiple residential zones

•

Changes to parking requirements for mixed-income housing developments

A proposal for a ZOTA may originate with any person or governmental body. Each application is subject to review by the Planning Commission, with final action on the amendment resting with the Urban County Council.

A similar description and process applies to proposed changes to the Land Subdivision Regulations, which is the regulatory document that outlines the minimum infrastructure requirements for subdivisions.

Approximate Expected Timeline to Complete Process: 4 - 6+ months

Separating zoning regulation changes from long-range plans

As mentioned above, because of their broad, community-scale application, ZOTAs stand apart from a site-based rezoning.

In that same vein, it is important to also differentiate between ZOTAs and long-range plans and studies, such as the Comprehensive Plan. While they are closely related and influential upon each other, long-range plans are typically visionary and non-binding – acting to provide motivation, guidance, and research to support the vision for our community’s future.

“Non-binding” implies that the recommendations within long-range plans are not mandated as with the Zoning Ordinance or Land Subdivision Regulations, and thus serve as a nonregulatory initiative.

All ZOTAs involve careful consideration of the adopted Comprehensive Plan, as well as additional long-range plans and studies that pertain to the intent of the ZOTA. Regulatory changes like ZOTAs are a powerful implementation tool used to achieve the long-term vision set out in community plans, as they carry hefty legal authority and are binding to the land for which the regulations apply. ZOTAs may work to affect the scale, quality, and character of future development, as well as dimensional/quantifiable standards such as with parking and open space requirements.

REASONS WHY YOU MIGHT NEED A ZOTA 1. A text amendment changes the restrictions that apply to the different zones in the Urban County. If the current text of the Zoning Ordinance does not allow a type of land use, it may necessitate the modification of the text.

2. Current land use is non-conforming and the owner/operator would like to expand that use

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CITY OF LEXINGTON - DIVISION OF PLANNING

FULL ZOTA PROCESS:

Zoning Ordinance Text Amendment Sought

To view a more detailed, comprehensive workflow for this process, please visit the Division of Planning website- lexingtonky. gov/planning-resources

PREPARE APPLICATION 1

2 Applicant Engages with Planning Staff

Applicant Files Zoning Ordinance Text Amendment Application

3

4 Staff Processes Application

Notification Sent Out

PROFESSIONAL REVIEWS & PROCESSING 4

5 Staff Provides a Recommendation

Zoning Committee Reviews and Prepares Recommendation

6 Staff Posts Signs and Notices

PUBLIC HEARINGS & LEGISLATIVE REVIEW 7 Planning Commission Recommends Approval

8

Council Conducts Legislative Readings or Holds Public Hearing

9 Zoning Ordinance Text Amended

This process document provides an example of the basic steps to approval and completion for this process. For a more complete illustration, please refer to the expanded process document.This illustration is presented for general information purposes only and is not a substitute for governing documents. All applicants should consult with the Division of Planning prior to filing and defer to the guidance provided for your specific circumstance. Further, requirements outside of the Division of Planning are beyond the purview of this document.

DEVELOPMENT HANDBOOK

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ZOTA STEP-BY-STEP PROCESS

Prepare Application The following is the process for a Zoning Ordinance Text Amendment (ZOTA) filed by a person or group outside of the government. For inquiries into government-initiated ZOTAs please contact Planning Services Staff.

Article 6 Amendments

Article 6 of the Zoning Ordinance deals directly with the content and procedures for submission, review, and approval of a ZOTA.

1

APPLICANT ENGAGES WITH PLANNING STAFF Pre-Application Meeting

The Applicant is required to meet with a mix of staff from the Division of Planning, including Long-Range Planning, Transportation Planning, and Planning Services (known henceforth simply as Planning Staff) for a “Pre-Application Meeting”. No application can be submitted unless an official Pre-Application Meeting has been held with Planning Staff for which a record is on file in the Planning Division Office.

The purpose of this meeting is to discuss the requirements, procedures, and issues related to the ZOTA, allowing Planning Staff to point out potential pitfalls the Applicant may face further down the road. As a result, the Applicant is better prepared to alleviate possible conflicts recognized early-on in the process. The Pre-Application Meeting will also include a discussion of how the proposed ZOTA fits in with the Comprehensive Plan.

Supportive information to help the Applicant prepare their application includes the following materials, provided by Planning Services Staff: •

Steps involved in Zone Ordinance Text Amendments

•

Filing Fee Schedule

•

Official Meeting and Filing Schedule

The Pre-Application Meeting must be done at least 5 business days before an application is submitted and is good for up to 3 months. The Applicant can renew their Pre-Application Meeting within the 3 months, so long as there have been no major changes in the ordinance that would affect their application.

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CITY OF LEXINGTON - DIVISION OF PLANNING

2

APPLICANT FILES ZONING ORDINANCE TEXT AMENDMENT APPLICATION

ZOTA STEP-BY-STEP PROCESS

WEEK 1

Applicant submits application

The Applicant completes an application form and submits the following items online for documentation within the Accela Citizen Portal (see Section 01 Application Basics). The Applicant also submits hard copies of the uploaded materials to Planning Services Staff prior to the filing deadline: •

General information – Provide a letter of justification that states why the Applicant is seeking a ZOTA, and if applicable how it relates to the Comprehensive Plan

•

Proposed language

•

Letters of Notification – Letters of Notification to all registered Fayette County neighborhood associations must be submitted with the application in conformance with the sample provided at the PreApplication Meeting. The Applicant shall provide the following: Stamped and addressed envelopes, one for each neighborhood association identified in Lexington-Fayette County which must be obtained from the Division of Planning prior to filing the application.

Be aware that this listing is continually updated, and use of the most current listing available is of paramount importance to prevent a delay to your request. Neighborhood association envelopes do not need to be addressed, but must be stamped.

The Applicant shall place a copy of the notification letter and proposed language in each envelope.

A return address stamp is available for use in the Division of Planning Office, or the following return address may be added to the envelopes prior to submitting them to the Division of Planning:

LFUCG DIVISION OF PLANNING 200 E. MAIN STREET LEXINGTON, KY 40507 An application will not be considered as officially “filed” unless the online application is completely filled out, the notification letters and any supplemental items are dropped off, and the fee is paid by the filing deadline.

Upon filling out the application online completely, a record number will automatically be assigned to each case (PLN-ZOTA-21-##### ), which can be used to track the application throughout the process.

The filing deadline for Planning Commission applications is by 4:00 p.m. typically on the first Monday of the month. A nonrefundable filing fee of $500 in the form of a check or money order made payable to “Lexington-Fayette Urban County Government” or “LFUCG” is also collected at this time. However, there shall be no filing fee for an amendment requested by the Lexington-Fayette Urban County Council, the Commission, or any other governmental agency.

DEVELOPMENT HANDBOOK

Division of Planning Filing & Fee Schedule

The official filing schedule is adopted by the Planning Commission annually, so dates are subject to change. See the Division of Planning’s “Official Meeting and Filing Schedule” for the exact date each month.

The filing location is always: Division of Planning Office 101 E. Vine St., 7th Floor Lexington, KY 40507 The official filing fees are occasionally revised. See the Division of Planning’s “Official Filing Fee Schedule” for the most recent information.

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ZOTA STEP-BY-STEP PROCESS

3

STAFF PROCESSES APPLICATION WEEK 2

Planning Services Staff reviews application

This is a review of the application for completion and accuracy. Planning Services Staff will request additional information, if needed.

Does Planning Services Staff find the plan is consistent, complete, and in compliance with Article 6 of the Zoning Ordinance?

YES

If there are no errors, Planning Services Staff adds the application to the agenda for upcoming Committee review.

NO

If incorrect or incomplete, Planning Services Staff contacts the Applicant to address any remaining errors or incomplete items.

The Applicant then resubmits in person and through the Accela Citizen Portal.

Often times with a ZOTA, Planning Staff will work with the Applicant to help revise the wording of the actual text amendment to best align with the rest of the Zoning Ordinance.

The Zoning Ordinance allows the Planning Commission up to 6 months for consideration of ZOTAs. However, depending on the nature and magnitude of the changes proposed, the Planning Staff will work with the Applicant to ensure a timely scheduling of proposed text amendment requests. There is no timeline set for how long the Urban County Council may consider a proposed ZOTA. 4

NOTIFICATION DISTRIBUTED Notification letters distributed

Planning Services Staff and the Applicant use the notification package from the application to send notification letters to all neighborhood associations.

Notification letters must be sent at least 21 days in advance of the Planning Commission Zoning Items Public Hearing.

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CITY OF LEXINGTON - DIVISION OF PLANNING

Professional Reviews & Processing 5

ZOTA STEP-BY-STEP PROCESS

STAFF PROVIDES A RECOMMENDATION Planning Services Staff prepares staff review materials Staff review materials are prepared, which includes the original application packet and any updated materials, and distribute to Planning Staff.

Planning Staff makes recommendations

Planning Staff members from each section of the Division of Planning review each application and recommend approval, disapproval, or postponement based on compliance with the Zoning Ordinance. The discussions held during this meeting will help to form the staff report.

Planning Services Staff prepares staff report and presentation for Zoning Committee

Planning Services Staff reviews the application materials and the recommendations discussed during the staff review meeting to create a staff report to be distributed on the day of the Zoning Committee meeting. The staff report is a document generated to advise the Planning Commission in making their determination regarding the application. It includes: •

Description of ZOTA

•

Review of historical development of the zone and land use

•

Staff Recommendation

The Applicant has around 3-4 weeks between the submission of the application and the Zoning Committee meeting. During that window, the Applicant may work with Planning Services Staff to revise the wording for their ZOTA application.

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ZOTA STEP-BY-STEP PROCESS

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ZONING COMMITTEE REVIEWS AND PREPARES RECOMMENDATION WEEK 4 LEX

Zoning Committee provide a recommendation

The Zoning Committee is composed of half the members of Planning Commission. This committee meets in the afternoon on the first Thursday of each month, at 1:30 p.m. in the Division of Planning Office.

This is typically three weeks prior to the Planning Commission Zoning Items Public Hearing.

A member of Planning Services Staff presents the basics of the ZOTA, followed by a brief response by the Applicant or their representative. The Committee members discuss any specific concerns or issues they may have. During the meeting, members may ask the Applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

The Zoning Committee can recommend:

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•

APPROVAL – the Committee can recommend approval to continue on in the process.

•

REFERRAL – if the Committee does not feel comfortable making a recommendation based on the information presented they may choose to refer the application to the full Planning Commission at the Planning Commission Zoning Items Public Hearing.

•

POSTPONEMENT – the Committee can recommend a postponement if they feel that there are still a significant number of issues outstanding with the application. The Applicant can then decide whether to ask the Planning Commission for a postponement or continue on in the process.

•

DISAPPROVAL – the Committee can recommend disapproval if they feel that the ZOTA is inappropriate. The Applicant can then decide whether to continue on to the full Planning Commission without the approval of the Committee.

CITY OF LEXINGTON - DIVISION OF PLANNING

ZOTA STEP-BY-STEP PROCESS

Applicant considers feedback and next steps

Based on feedback and recommendations from Planning Staff and Committee review, the Applicant can choose to: •

PROCEED to the Planning Commission Zoning Items Public Hearing. .

Revisions may only be editorial in nature and may not change the intent of the ZOTA, otherwise it may trigger a re-review by Committees and re-notification.

•

REQUEST A POSTPONEMENT by notifying Planning Staff that the Applicant wants to postpone in writing, along with a projected timeline.

Planning Services Staff adds the item to the agenda. The Applicant should still plan to attend the Planning Commission meeting to address current questions/concerns and state their projected timeline, or declare an indefinite postponement.

If the Applicant plans to postpone indefinitely, they must submit a new notification letter, which will be sent out by Planning Services Staff with postponement content.

If the Applicant plans to postpone with a new desired hearing date, they must submit new notification letters including the new date. The Applicant can then update the application and/or provide supplementary details. Planning Services Staff sends letters with postponement content when the Applicant is ready to proceed.

When the Applicant is prepared to move forward, either they can, or members of Planning Staff or Committee members, can request that the application be returned to Committee, particularly when there are substantial issues or changes to the ZOTA (returning the application to the beginning of Step 4 on page 6-6).

If the application does not need to return to Committee, it may be added to the agenda for the upcoming Planning Commission Zoning Items Public Hearing.

•

WITHDRAW the application, with the opportunity to reapply at any time. The Applicant submits an official letter of withdrawal to Planning Services. Planning Services closes out the application in the Accela Citizen Portal and files physical documents.

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ZOTA STEP-BY-STEP PROCESS

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STAFF POSTS SIGNS AND NEWSPAPER NOTICE WEEKS 5-6

Planning Services Staff distributes public notice

Prior to the Planning Commission Zoning Items Public Hearing, Planning Services Staff does the following: •

Prepares legal advertisement for the public hearing and posts to the Planning website. After the legal ad is posted, only action by the Planning Commission can postpone an application.

•

Advertises in the Lexington Herald Leader the upcoming meeting and a link to the agenda on the Planning website between 7-14 days prior to the Planning Commission Zoning Items Public Hearing, typically the second or third Tuesday of the month.

•

Prepares agenda and minutes and e-mails to Planning Commission members, Applicant, and representative attorney(s), and posts the staff report to the Accela Citizen Portal.

Agenda posted 7-10 days out from Planning Commission Zoning Items Public Hearing.

•

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Prepares presentation for Planning Commission Zoning Items Public Hearing..

CITY OF LEXINGTON - DIVISION OF PLANNING

Public Hearings & Legislative Review

ZOTA STEP-BY-STEP PROCESS

WEEK 7

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PLANNING COMMISSION RECOMMENDS APPROVAL Planning Commission Zoning Items Public Hearing

A Planning Commission Zoning Items Public Hearing is held in the Government Center Building’s Council Chambers on the fourth Thursday of the month. The hearing agenda will generally outline the order in which cases will be heard. Typically, ZOTAs are heard at the end of the meeting.

All applicants must attend, or have an authorized representative attend the hearing when the application will be considered or the application is likely to be postponed for one month. Planning Commission must take action within 60 days or 6 months of the application date, depending on who initiated the application.

For a detailed look at how the City of Lexington runs their Planning Commission hearings and meetings please see “What is the Planning Commission Hearing?” in Appendix I.

Planning Commission shall hold a public hearing and vote to recommend approval or disapproval of the proposed amendment within 60 days of the date of filing for any Council initiated text amendment, or within 6 months of the date of filing for all others.

The Planning Commission can take the following actions: •

APPROVAL WITH CONDITIONS – Applicant updates ZOTA to fully comply with any conditions of approval and submits the ZOTA to be certified by the Commission’s Secretary.

•

APPROVAL – if the Planning Commission votes to approve, the ZOTA is ready to be signed into law by the Mayor with no further corrections or revisions of the ZOTA required by the Applicant.

•

POSTPONEMENT – if the Planning Commission votes to postpone because the Applicant is providing additional information or significantly changing their application the Applicant is given the opportunity to address issues and resubmit their application to the Zoning Committee (returning the application to Step 4 on page 6-6).

If no significant changes are being made to the application but the Planning Commission would like to allow additional time for Planning Staff to work with the Applicant, the Planning Commission will typically postpone for one month to the next appropriate hearing date. Applicants must agree to any longer postponements, which can range from 60-90 days. There is also an option for indefinite postponement, if determined appropriate.

•

DISAPPROVAL – if the Planning Commission votes to disapprove the Zoning Ordinance does not get amended.

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ZOTA STEP-BY-STEP PROCESS

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COUNCIL CONDUCTS LEGISLATIVE READINGS OR HOLDS PUBLIC HEARING Council determines next steps

The Council has an additional 90 days from the Planning Commission Public Hearing to take one of the following steps: •

NO PUBLIC HEARING – if the Council chooses to not hold a Public Hearing then the Council can do a first and second reading of the case over the course of two Council meetings ending in a recommendation of approval. This does not require a presentation by Planning Staff or the Applicant and is used in uncontested or less complex cases.

•

PLANNING AND PUBLIC SAFETY COMMITTEE - Council may choose to place the ZOTA in committee for further review and discussion.

•

PUBLIC HEARING – if the Council chooses to hold a an Urban County Council Public Hearing (Council Hearing) then the Applicant must follow a similar notification process for the upcoming Council Hearing as was done for Planning Commission by sending notification letters to all neighborhood associations.

The Council shall allow Planning Staff testimony, the Applicant, protesters, and any other interested members of the public, and it shall allow parties to rebut the evidence presented by other parties.

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CITY OF LEXINGTON - DIVISION OF PLANNING

ZOTA STEP-BY-STEP PROCESS

Council Public Hearing

Similar to Planning Commission, a Council Hearing for Zoning Items is a public meeting held in the Government Center Building’s Council Chambers. The Council Hearing agenda will generally outline the order in which cases will be heard.

All applicants must attend, or have an authorized representative attend the Council Hearing when the application will be considered or the application is likely to be postponed for one month.

The Council can make the following rulings, but it takes a Council majority to override the Planning Commission’s recommendation:

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•

APPROVAL – if Council votes to approve, the Zoning Ordinance gets amended.

•

DISAPPROVAL – if the Council votes to disapprove, the Zoning Ordinance does not get amended.

ZONING ORDINANCE TEXT AMENDED Zoning Ordinance Text Amended Effective immediately of the Council decision the official text of the ZOTA goes into effect. The online version of the Zoning Ordinance may not reflect the amendment right away as it is updated quarterly.

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CITY OF LEXINGTON - DIVISION OF PLANNING

Appendices APPENDIX I

Committee Meeting & Public Hearing One-Pagers....................................................................................A-4 What is the Technical Review Committee What is the Subdivision Committee?

What is the Zoning Committee?

What is the Board of Adjustment Hearing?

What is the Planning Commission Hearing?

APPENDIX II

Development Snapshot Example................................................................................................................A-15

APPENDIX III Summary of References..............................................................................................................................A-19

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CITY OF LEXINGTON - DIVISION OF PLANNING

APPENDIX I: Committee Meeting & Public Hearing One-Pagers DEVELOPMENT HANDBOOK

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What is the Technical Review Committee?

The Technical Review Committee (TRC) focuses on reviewing the technical aspects of a plan with each member focusing on specific items related to their field of expertise. This ensures that a plan is fully functional and in compliance with the various standards and regulations that guide development. The Technical Committee’s members, and their expertise, are relied upon by the Planning Commission when they make decisions about future development.

Where does TRC fall in the approval process?

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Subdivision (& possible Zoning) Committee Meeting* Planning Commission Hearing Urban County Council Decision* TRC typically meets the last Wednesday of every month, at 8:30 a.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is the first committee review of a plan that will take place following application, usually about 3 weeks after the plan is filed. *The Zoning Committee and the Urban County Council may view and discuss a plan that was filed in conjunction with a zoning change, but do not take any action.

How is the meeting run?

Who is on the TRC? Consisting of a wide variety of professionals from many levels of City government and development-related utilities and other agencies: • • • • • • • • • • • • • • • • • • • •

Division of Planning Division of Environmental Services Division of Traffic Engineering Division of Engineering Division of Fire and Emergency Services Division of Parks and Recreation Division of Waste Management Division of Water Quality Addressing/E-911 Office Lexington Police Department Division of Building Inspection Windstream Kentucky Utilities Kentucky American Water Columbia Gas U.S. Postal Service Health Department Fayette County Public Schools Kentucky Transportation Cabinet District 7 USDA – Natural Resources Conservation Service

*Committee membership list is available by request from Planning staff

TRC is staffed and facilitated by the Division of Planning, and plans are reviewed on a first come, first served basis on the applicant’s arrival.

Either the applicant or the representative of the applicant, typically engineer and/or lawyer, is strongly advised to be at this meeting. A member of Planning presents the basics of each plan and then the committee members discuss any specific concerns or issues they found in their review of the plan. Committee members are asked to review the plan and submit any conditions or comments regarding the plan prior to TRC. During the committee’s meeting, TRC members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements. The TRC members will need to provide a “sign-off” indicating the plan meets all of the requirements for a particular division, agency or utility if the plan is approved by the Planning Commission. The TRC can recommend: Approval

Referral

Postponement

Disapproval

From here, the plan progresses forward in the process to be reviewed by the Subdivision Committee, or in cases that a Development Plan is associated with a zone change, it will also be discussed at the Zoning Committee the following Thursday (typically the first Thursday of the month). The applicant can choose to make revisions and resubmit to Planning staff prior to the Thursday committee meeting, or the Planning Commission hearing, in hopes of getting to an approval recommendation, if the plan is not there yet.

What does the Technical Review Committee (TRC) review?

On any given day, the Technical Review Committee may review any or all of the following:

Purpose

TRC Role

Preliminary Subdivision Plan

Depicts lot layout, street details, utility information, etc., as part of a proposed subdivision

Determines if Plan is in compliance with Zoning Ordinance and Subdivision Regulations based on each committee member’s area of expertise; makes recommendation to the Subdivision Committee

Final Subdivision Plat (aka Final Record Plat)

Depicts all substantially complete infrastructure improvements, and legal lotting on the site

Determines if Plan is in compliance with Zoning Ordinance and Subdivision Regulations based on each committee member’s area of expertise; makes recommendation to the Subdivision Committee

Preliminary Development Plan (aka Zoning Development Plan)

Typically included with a zone change request; provides general depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning

Determines if Plan is in compliance with Zoning Ordinance and Subdivision Regulations based on each committee member’s area of expertise; makes recommendation to the Subdivision Committee and is viewed by the Zoning Committee

Final Development Plan

Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site

Determines if Plan is in compliance with Zoning Ordinance and Subdivision Regulations based on each committee member’s area of expertise; makes recommendation to the Subdivision Committee

Reapproval Items

Provides an applicant the opportunity to re-submit any plan which was previously certified, but for which building permits have not been obtained

Determines if the time elapsed since original approval has necessitated changes to the plan for health, safety, and welfare concerns, or because applicable ordinances or regulations have changed

Postponed Items

Any items that were postponed, either from a previous meeting or indefinitely at some point in the past. TRC review is not required unless a plan has significantly changed from its original version

If a plan has significantly changed, TRC will provide updates to their original comments, based on their areas of expertise

These are heard by the Planning Commission under certain circumstances, though are typically handled administratively

What is the Subdivision Committee?

The Subdivision Committee functions to review a proposed plan and consider the outcomes of the Technical Review Committee (TRC), then pass on a recommendation to the full Planning Commission.

Where does Subdivision Committee fall in the approval process?

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Subdivision (& possible Zoning) Committee Meetings* Planning Commission Hearing Urban County Council Decision*

Who is on the Subdivision Committee?

This committee is composed of six members of the Planning Commission, and representatives of the Divisions of Traffic Engineering and Engineering.

Certain additional members of Planning staff and the TRC may also be present.

This committee usually meets in the morning on the first Thursday of each month, at 8:30 a.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is typically one week following the TRC, and one week prior to the Planning Commission’s meeting devoted to development plan and subdivision requests.

For plans that are submitted in conjunction with a zone change request, the Commission’s review is heard at the time the zoning is reviewed, three weeks following the Subdivision Committee meeting. *The Zoning Committee and the Urban County Council may view and discuss a plan that was filed in conjunction with a zoning change, but do not take any action.

How is the meeting run?

The Subdivision Committee meeting is organized by an agenda, which is ordered based on the complexity of the discussion items reflected on the staff report. Either the applicant or the representative of the applicant, typically engineer and/or lawyer, is strongly advised to be at this meeting. A member of the staff presents the basics of each plan and the outcomes of the TRC. The committee members discuss any specific concerns or issues they may have.

During the committee’s meeting, members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements.

The Subdivision Committee can recommend: Approval

Referral

Postponement

Disapproval

From here, the plan progresses forward in the process to the Planning Commission Meeting on Subdivision Items, on the 2nd Thursday of the month at 1:30pm in the Council Chambers.

What does the Subdivision Committee review?

On any given day, the Subdivision Committee may review any or all of the following:

Purpose

Subdivision Committee Role

Preliminary Subdivision Plan

Depicts lot layout, street details, utility information, etc., as part of a proposed subdivision

Reviews the recommendation of the TRC and provides feedback to the applicant; makes recommendation to the full Planning Commission

Final Subdivision Plat (aka Final Record Plat)

Depicts all substantially complete infrastructure improvements, and legal lotting on the site

Reviews the recommendation of the TRC and provides feedback to the applicant; makes recommendation to the Planning Commission if applicable

Preliminary Development Plan (aka Zoning Development Plan)

Typically included with a zone change request; provides general depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning

Reviews the recommendation of the TRC and provides feedback to the applicant; makes recommendation to the Planning Commission

Final Development Plan

Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site

Reviews the recommendation of the TRC and provides feedback to the applicant; makes recommendation to the Planning Commission

Reapproval Items

Provides an applicant the opportunity to re-submit any plan which was previously certified, but for which building permits have not been obtained

Determines if the time elapsed since original approval has necessitated changes to the plan for health, safety, and welfare concerns, or because applicable ordinances or regulations have changed; if plan has changed, makes a new and/or updated recommendation to the Planning Commission

Postponed Items

Any items that were postponed, either from a previous meeting or indefinitely at some point in the past. TRC review is not required unless a plan has significantly changed from its original version

If a plan has significantly changed, the Subdivision Committee can review it and provide a new and/or updated recommendation to the Planning Commission

Subdivision Regulations Amendment (SRA)

Provides a means for the Planning staff, decision-makers, or a public applicant to update the text of Subdivision Regulations, based on the needs of the community as a whole, not the use of a specific property

Determines if the proposed change to the Subdivision Regulations is in agreement with the recommendations of the Comprehensive Plan and consistent with other regulations; makes recommendation to the Planning Commission

These are heard by the Planning Commission under certain circumstances, though are typically handled administratively

What is the Zoning Committee?

The Zoning Committee functions to review any proposed zone change (map amendment requests) or zoning ordinance text amendment, then makes a recommendation to the full Planning Commission.

Where does Zoning Committee fall in the approval process?

Who is on the Zoning Committee?

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Zoning / Subdivision Committee Meetings Planning Commission Hearing Urban County Council Decision

This Committee is composed of half of the members of the Planning Commission. Certain additional members of Planning staff may also be present.

This committee usually meets in the afternoon on the first Thursday of each month, at 1:30 p.m. in the Division of Planning Office, 101 East Vine Street, 7th floor Conference Room. This is typically one week following the TRC, and three weeks prior to the Planning Commission’s meeting devoted to zoning items.

In most cases, preliminary development plans are submitted in conjunction with a zone change request.

While the Zoning Committee does look at the Preliminary Development Plan, it is utilized as supporting material for the discussion regarding the zone change. The Subdivision Committee makes a recommendation regarding the Preliminary Development Plan.

How is the meeting run?

The Zoning Committee meeting is run based on a first come first serve basis. Either the applicant or the representative of the applicant, typically engineer and/or lawyer, should be at this meeting. A member of the Planning staff presents the basics of each zone change application and the associated development plan, followed by a brief response by the applicant or their representative. The Committee members discuss any specific concerns or issues they may have.

During the Committee’s meeting, members may ask the applicant (or their team) specific questions or provide feedback on what revisions will be needed to meet the city’s requirements, and indicate if additional information is desired for the public hearing.

The Zoning Committee can recommend: Approval

Referral

Postponement

Disapproval

From here, the plan progresses forward in the process to the Planning Commission Meeting on Zoning Items, on the 4th Thursday of the month at 1:30pm in the Council Chambers.

What does the Zoning Committee review?

On any given day, the Zoning Committee may review any or all of the following:

Purpose

Zoning Committee Role

Zoning map amendment (aka Map Amendment Request or zone change)

Provides a developer the means to change Determines if the proposed zone is in the zone of a property to accommodate a agreement with the Comprehensive Plan; desired use makes recommendation to the Planning Commission

Zoning Ordinance Text Amendment (ZOTA)

Provides a means for the Planning staff or a public applicant to update the text of Zoning Ordinance based on the needs of the community as a whole, not the use of a specific property

Determines if the proposed change to the Zoning Ordinance is in agreement with the recommendations of the Comprehensive Plan and consistent with other regulations; makes recommendation to the Planning Commission

Overlay Zones

Provides for the creation of special zoning districts, placed over an existing zone, which identifies special provisions; often relate to the adoption of design standards to conserve and protect neighborhood character

Determines if the proposed overlay zone is in agreement with the recommendations of the Comprehensive Plan and consistent with the requirements of the Zoning Ordinance; makes recommendation to the Planning Commission

What is the Board of Adjustment Hearing?

The Board of Adjustment Hearing is the official venue for the Board of Adjustment (BOA) to provide recommendations on variances, conditional use permits, and administrative review and appeals.

Where does the Board of Adjustment Hearing fall in the approval process?

Who is on the Board of Adjustment?

The Board of Adjustment is made up of seven volunteer members appointed by the Mayor with approval of the Urban County Council. Each of the board members come from diverse backgrounds, but all are Lexington residents.

Pre-Application Meeting (Optional) Application Review Public Notice Planning Staff Review Board of Adjustment Public Hearing The Board of Adjustment meets on the second Monday of the month at 1:30 p.m. Meetings are typically held in the Government Center, 200 East Main Street, 2nd Floor Council Chamber.

How is the meeting run?

Each item to be heard during the Board of Adjustment meeting is listed on the distributed agenda. The Board will hear uncontested cases that are recommended for approval first, after which the remaining cases are heard in the order displayed on the agenda. A member of the Planning staff presents the staff report and any additional recommendations made from any committees, such as the Landscape Review Committee and the Paris Pike Corridor Commission, that may have been called upon during the review process. This is done for each case on the agenda. Either the applicant or the representative of the applicant is then allowed to make a presentation. Following that, any other interested parties either in favor or opposition are allowed to state their case. The Board will also read any letters that have been submitted from members of the public. The applicant and staff are both provided the opportunity to respond to those comments.

All statements are given a time limit outlined by the BOAs adopted bylaws and printed on the agenda.

The Board of Adjustment then deliberates and can recommend: Approval

Continuance

Disapproval

Once approved, Planning staff will file the Certificate of Land Use Restriction with the Fayette County Clerk’s office within 30 days of the BOA decision.

What does the Board of Adjustment review?

At the hearing, the Board of Adjustment may review any or all of the following:

Request for Conditional Use Permit

Purpose

Board of Adjustment Role

Allows for a use specifically named in the Zoning Ordinance that may be suitable only in specific locations in the zone, if certain conditions are met. Typically, conditions are placed on these uses regarding things like the construction of the facility or operational aspects of the use

Determines if the conditional use would have an adverse influence on existing or future development of the subject property or another property in the neighborhood. Propose conditions that would allow for proper integration of the use into the area. Determines if site is adequate by way of public facilities and services to support the proposed conditional use.

If approved, the project may move forward through other necessary permitting and approval processes.

Request for Variance

Allows a change in a required dimensional element on a property, such as setback requirements; fence, building, or sign height requirements; and changes to landscape buffers

Determines if there are any special circumstances unique to the subject property that justify the request to alter the standard Zoning Ordinance requirement(s). Determines if the granting of the variance will not adversely affect the public health, safety or welfare of the community, will not alter the essential character of the general vicinity, will not create a hazard or a nuisance to the public, and will not allow unreasonable circumvention of the requirements of the zoning regulations.

If approved, the project may move forward through other necessary permitting and approval processes.

Administrative Appeals to the Board of Adjustment may be taken by any person or entity claiming to be injuriously Review and affected or aggrieved by an official action of Appeals the Division of Planning or Division of Building Inspection in the enforcement of the Zoning Ordinance, within 30 days of receiving notice of such action.

Hears and decides cases for which there is an allegation of an error in any order, requirement, decision, grant, or refusal made by the Division of Planning or the Division of Building Inspection in the enforcement of the Zoning Ordinance.

If approved, the project may move forward through other necessary permitting and approval processes.

How do I participate in the hearing as a citizen?

1. Sign in on the sign in sheet so that we have your name for the record.

2. Listen for the Chair to call for public comment for the case on which you wish to speak and follow their instructions.

3. Typically, you will be allowed 3 minutes to speak. Additional time may be requested and is subject to the Chair’s discretion.

What is the Planning Commission Hearing?

The Planning Commission Hearing is the official venue for the Planning Commission to approve subdivision plats and development plans and make recommendations to City Council for zone change requests; as well as, review and adopt the City’s comprehensive plan.

Where does the Planning Commission Hearing fall in the approval process?

Who is on the Planning Commission?

The Planning Commission is made up of 11 volunteer members appointed by the Office of the Mayor. They come from diverse backgrounds, but all are Lexington residents.

Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Zoning / Subdivision Committee Meetings Planning Commission Hearing Urban County Council Decision This Planning Commission usually meets in the afternoon on the second and fourth Thursdays of each month, at 1:30 p.m. in the Government Center, 200 East Main Street, 2nd Floor Council Chamber.

The Public Hearing on the second Thursday is focused on subdivision items that do not involve zone changes and occurs one week following the Subdivision Committee meeting. The Public Hearing on the fourth Thursday is scheduled for zoning cases, include zone changes (map amendment requests) and zoning ordinance text amendments, and occurs three weeks following the Zoning Committee meeting.

How is the meeting run?

The Planning Commission Hearing is run directly from the distributed agenda. A member of the Planning staff presents the staff report and the Zoning and/or Subdivision Committee’s recommendations for each case. Either the applicant or the representative of the applicant, typically engineer and/or lawyer, is then allowed to make a presentation. Following that, any other interested parties either in favor or opposition are allowed to state their case. The applicant and staff are both provided the opportunity to respond to those comments. All statements are given a time limit outlined by the Planning Commission’s adopted bylaws and printed on the agenda.

The Planning Commission then deliberates and can recommend: Approval

Postponement

Disapproval

In the case of a zone change or text amendment, the Planning Commission makes a recommendation to the Urban County Council. Within 90 days of the day of the Planning Commission decision, the Council can either ratify the recommendation made by the Planning Commission or have their own Public Hearing to review the proposed zone change. Requests for additional time must be made to the staff at least two days in advance.

What does the Planning Commission review?

On any given day, the Planning Commission may review any or all of the following: Purpose

Planning Commission Role

Can building take place?

Preliminary Subdivision Plan

Depicts lot layout, street details, utility information, etc., as part of a proposed subdivision

Determines if Plan is in compliance with the Zoning Ordinance and Subdivision Regulations; if so, approval is granted in a ministerial action

No building permits may be granted; nor may lots be sold or transferred, but site improvements can be undertaken

Final Subdivision Plat (aka Final Record Plat)

Depicts all substantially complete infrastructure improvements, and legal lotting on the site

Determines if Plan is in compliance with the Subdivision Regulations and, if applicable, a previously approved Preliminary Subdivision Plan; if so, approval is granted in a final ministerial action. Last official consideration of a major subdivision by the PC

Yes; once plan is signed or “certified” by PC Secretary or designee (Planning Director)

Preliminary Development Plan

Typically included with a zone change request; provides general depiction of buildings, parking, open space, roads, access points, etc., on a site proposed for rezoning

Considers whether Plan is in agreement with No the Comprehensive Plan and consistent with Subdivision Regulations and Zoning Ordinance, acknowledging its preliminary nature and that PC approval of a Final Development plan will be required prior to any development on the property

Final Development Plan

Provides exact depiction of all property improvements, including buildings, parking, open space, roads, access points, etc. on the development site

Considers whether Plan is consistent with any approved Preliminary Development Plan, and compliant with Zoning Ordinance and Subdivision Regulations; if compliant, approval is granted in a final action. If plan differs significantly, applicant will be expected to justify changes, and Commission will take that into consideration

Zoning Map Amendment

Provides a developer the means Determines if the proposed zone is in to change the zone of a property agreement with the Comprehensive Plan; makes to accommodate a desired use recommendation to the Urban County Council

N/A

Zoning Ordinance Text Amendment (ZOTA) or Subdivision Regulation Amendment (SRA)

Provides a means for the Planning staff, decision-makers, or a public applicant to update the text of the Zoning Ordinance or Subdivision Regulations, based on the needs of the community as a whole, not the use of a specific property

Determines if the proposed change to the Zoning Ordinance or Subdivision Regulations is in agreement with the recommendations of the Comprehensive Plan and consistent with other regulations; makes recommendation to the Urban County Council

N/A

Overlay Zones

Provides for the creation of special zoning districts, placed over an existing zone, which identifies special provisions; often relate to the adoption of design standards to protect neighborhood character

Determines if the proposed overlay zone is in agreement with the recommendations of the Comprehensive Plan and consistent with the requirements of the Zoning Ordinance; makes recommendation to the Urban County Council

N/A

These are heard by the Planning Commission under certain circumstances, though are typically handled administratively

(aka Zoning Development Plan)

(aka Map Amendment Request or zone change)

Yes

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CITY OF LEXINGTON - DIVISION OF PLANNING

APPENDIX II: Development Snapshot Example DEVELOPMENT HANDBOOK

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UPDATED 10.05.2019

F2 Companies

574 ANGLIANA AVE.

Multi-family apartment housing development in place of an existing tobacco storage warehouse.

Applicant F2 COMPANIES 6253 RIVERSIDE DRIVE, SUITE 150 DUBLIN, OH, 43017 mike@f2companies.com

Current Property Owner

Application Details Acreage: 5.6 net (5.91 gross) acres Current Zoning: Warehouse/Wholesale Business (B-4) Zone Proposed Zoning: High Density Residential (R-5) Zone Place-type / Development Type: 2nd Tier Urban*

For More information about the 2nd Tier Urban Place-Type see Imagine Lexington pages 279-290.

Description: The proposed development includes six (6) multi-family apartment buildings, with a total of 385 dwelling units. The proposed development represents a density of 68.75 dwelling units per acre. Associated with the dwelling units, the petitioner is seeking to include resident amenities on-site.

Public Engagement • • • •

Neighborhood Mailing Public Meeting 09/26/19 Other Something else

Status Public Engagement Pre-Application Meeting Application Review Planning Staff Review Technical Review Committee Zoning/Subdivision Committee Meetings Planning Commission Hearing Urban County Council Meeting

DISCLAIMER: Plans are subject to change. Visit the Accela Citizen Portal (lexingtonky.gov/plans) or contact Planning for the latest information.

You can also visit madeupwebsitehere.com for additional project information directly from the developer.

Latest Plan

UPDATED 10.05.2019

Water Resources, Civil Engineering, Geotechnical, Land Surveying, Materials Testing, and Construction Inspection Consultants 128 E. Reynolds Road Suite 150, Lexington, KY 40517 Ph.(859) 333-8015 - Fax: (859) 523-0095 www.visionengr.com

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CITY OF LEXINGTON - DIVISION OF PLANNING

APPENDIX III: Summary of References DEVELOPMENT HANDBOOK

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THINGS TO NOTE: •

References are listed in alphabetical order.

•

For references noted throughout the handbook that pertain to a specific article or section of a regulatory document, such as the articles or sections of the Zoning Ordinance and Land Subdivision Regulations, respective links in this section will take you to the full document rather than the specific article/section. From there, you may easily navigate to the specific article/section of interest.

•

Links to the full process diagrams will all be found on the Planning Resources Webpage.

2017 Rural Land Management Plan https://drive.google. com/file/d/1coWHS_ UlMWC7owAWVgFiL1OMMTIVmajG/ view

Accela Citizen Portal

https://aca-prod.accela.com/LEXKY/ Default.aspx https://lexingtonky.gov/plans

AgencyCounter - Lexington

https://lexingtonky.agencycounter.com

Become a Board or Commission Member Webpage

https://www.lexingtonky.gov/becomeboards-or-commissions-member

Board of Adjustment Website https://www.lexingtonky.gov/boardadjustment

Cane Run and Royal Spring Watershed-Based Plan Final Report https://eec.ky.gov/EnvironmentalProtection/Water/Reports/Reports/ NPS0608-CaneRun.pdf

Design Guidelines for the Courthouse Area

https://drive.google.com/file/d/1N64Vy2IafOTTvrJYYR4aBKqfUZLRLxv/ view

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Expansion Area Master Plan https://drive.google. com/file/d/1dSXQ47otkSME3QN4RvJybTf3fixKRDR/view

Fayette County, Kentucky Property Valuation Administrator https://fayettepva.com/

Land Subdivision Regulations for LexingtonFayette Urban County, Kentucky

https://drive.google.com/file/d/1LKC1w tknrxi0XMEjCizhunJkuu6PTYX8/view

Lexington Area Bicycle and Pedestrian Master Plan

Local Historic District and Landmark (H-1) Design Review Guidelines

https://drive.google. com/file/d/0B5KnQIn8_ iOQdHN5STR6M1g5RnM/ view?resourcekey=0-u2J4CUHVWwVD6v04PeU2A

KRS 100 (AKA Kentucky Revised Statutes Chapter 100, KRS Chapter 100) https://apps.legislature.ky.gov/law/ statutes/chapter.aspx?id=37543

Paris Pike Corridor Commission Website

https://www.lexingtonky.gov/boards/ paris-pike-corridor-commission

http://lexareampo.org/wp-content/ uploads/2018/04/BPMP-Master-PlanReduced.pdf

Placebuilder

Lexington-Fayette Urban County Government Zoning Ordinance

Planning Commission Webpage

https://library.municode.com/ky/ lexington-fayette_county/codes/ zoning_ordinance

LFUCG Division of Planning Departmental Webpage https://www.lexingtonky.gov/ departments/planning

https://imaginelexington.com/ placebuilder/full

https://www.lexingtonky.gov/planningcommission

Planning Resources Webpage https://www.lexingtonky.gov/planningresources

Public Engagement Toolkit https://imaginelexington.com/PET

CITY OF LEXINGTON - DIVISION OF PLANNING

Small Area Plans (and other Plans and Studies)

https://imaginelexington.com/resources

Steps involved in appeals to the BOA https://drive.google.com/file/ d/1kWqjXlwt6G-QTR4Pnwt61JQSCmYAhwF/view

Urban Design Decoder https://imaginelexington.com/ urbandesign

Your Parks, Our Future Master Plan

https://drive.google.com/file/d/1XfqW8K GlKQv5uUf7qGgwcNFVdFIyJaqE/view

Zone Finder Tool

https://lfucg.maps.arcgis.com/apps/ instant/lookup/index.html?appid= 53d4ecc4d0d04859b4c1e78a8d009325

Zoning Atlas

https://lfucg.maps.arcgis.com/apps/ webappviewer/index.html?id= 4d4c0d00ddcb4c2891589c36cbab7d8b

DEVELOPMENT HANDBOOK

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Do you have questions or feedback regarding the Development Handbook or other planning topics?

DIVISION OF PLANNING OFFICE Phoenix Building - 7th Floor

Stay up-to-date on the Development Handbook and other Division of Planning projects on social media!

101 E. Vine St., Lexington, KY 40507 Hours: Monday - Friday: 8 a.m. - 5 p.m.

Email us: planningmailbox@lexingtonky.gov Phone: (859) 259 - 3160 Website: lexingtonky/gov/planning

@imagine_lex