Why no one is happy with state-mandated overhaul of Lexington zoning ordinances
A state-mandated overhaul of Lexington’s planning ordinances designed to speed-up approval of projects met with resistance and complaints Tuesday from developers, council members and neighborhoods alike.
The Lexington-Fayette Urban County Council will discuss the overhaul of the ordinance at a May 13 meeting after extensive discussion and comments during two meetings on Tuesday.
The council was supposed to take its first vote during Tuesday’s work session, but because of the questions and concerns raised, it voted to delay voting until May 13.
In 2024, the Kentucky General Assembly passed House Bill 443, which directed cities and counties to change zoning ordinances to make them more objective and also allow for more staff or administrative review rather than public hearings.
Commerce Lexington, the city’s business chamber, lobbied the legislature to pass the bill, legislative lobbying records show. Builders have complained for years it takes too long to get developments through Lexington’s planning process.
Now, those same developers who lobbied for the changes in Frankfort don’t want the city to pass the new objective standards, which they say are too strict or onerous. Neighborhoods, meanwhile, are concerned about the lack of public input.
Lexington Council member Emma Curtis said she hoped the legislature was paying attention and would work with the city before passing legislation that affects Lexington. City planners said no one from the legislature talked to planning staff before passing the bill.
Some legislators have said the intent was not to take away public comment. However, the bill clearly calls for administrative or staff approval rather than public hearings, Curtis and city officials said.
“It has put us in a difficult position,” Curtis said. “We are all looking for the best bad option.”
How the process works
The city has worked for more than a year on the changes to comply with HB 443. The Planning Commission voted in April to approve the changes.
Under the changes, no public hearing would be required if a developer files a development plan for a new project that does not include a zone change. If the developer meets all the criteria, staff could approve that development plan within 30 days, said Keith Horn, the commissioner of planning and preservation during the council’s General Government and Planning Committee on Tuesday.
If the developer asked for a waiver of any of the city’s planning rules or a health and public safety issue is raised, a public hearing on that final development plan before the planning commission would be conducted, Horn said.
Adjacent property owners of the proposed development would be notified if a waiver is filed and could speak before the planning commission.
Daniel Crum, principal planner, said Tuesday the impetus behind the changes was to make all of the city’s rules objective and not subjective.
“We had to make sure we were not leaving any subjective language,” Crum said.
There is no requirement to separate an entry into a development from a railroad crossing. Under current land use ordinances would require a developer to meet with city traffic engineers, who would have discretion on where that entry would be placed.
Under the changes, those standards are now set out in the ordinance, Crum said.
Crum said city planners made multiple changes to the proposed ordinance after speaking with developers and neighborhoods.
The lack of a public hearing on final development plans is concerning for neighborhoods who often find it tricky to navigate a sometimes byzantine planning process, said Walt Gaffield, president of the Fayette County Neighborhood Association.
Less public comment could translate to bad development, he said.
Meanwhile, builders and developers say the new objective standards are too rigid and could slow approval of development plans.
“Commerce Lexington opposes the division of planning’s attempt to fast-track new regulations that will make infill and redevelopment even more costly and cause additional and unnecessary delays. Higher costs equal less infill and redevelopment,” said Carla Blanton, president of the board of Commerce Lexington.
Blanton urged the council not rush through approval of the changes.
But the city is running out of time. House Bill 443 directs the city to have the changes in place by July 1.
Crum said if the city doesn’t make the changes it could face lawsuits.
