Agenda - Planning Commission - 12/07/2006

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"\ October 25, 2006 - Page 5 Z.B. The county zoning code prohibited the approval of a boundary line adjust- ment that would result in a lot that did not qualify as a building site. The code defined "building site" as an area of land that met the requirements of various federal, state, and local land use regulations. Of particular importance was the requirement that a building site conform to the county's applicable restrictions on minimum lot area. In the A -10 zone, a lot could be no smaller than 10 acres. By looking to its minimum requirement for a construction site in an A-IO zone, rather than the primary issue of whether a 7.5-acre lot could be created in an A-lO zone in the fIrst place, the county would allow Parker to avoid the broader constraints of the local zoning code. Under the county's approach, it could have approved future boundary line adjustments, which were adjudicated without public notice, so landowners could avoid the formal short plat and subdivision processes otherwise required under the county code. Such a result would be contrary to the requirement that land use regulations be applied in a consistent, predictable, and logical manner. Enforcement - Developer has subdivision approval for almost 30 years Commission then begins to enforce code provisions, denies further development Citation: Sebastian-Voor Properties, ILCv.Lexington-Fayette Urban County Government, Court of Appeals of Kentucky, No. 2005-CA-000609-MR (2006) KENWCKY (09/01l06)-In 1963, Sebastian-VoorProperties,LLCbegan to develop Spindletop Estates within an agricultural zone in Lexington-Fayette County. The county approved a preliminl;lTy development plan for 122 one-acre lots, each with its own septic tarue. Sebastian did not submit all of the plans for the development, however, and the preliminary plan expired. In 1967, the planning and zoning code underwent severai revisions. Impor- tantly, minimum lot size in agricultural zones was established at 10 acres. Even so, over the next 29 years, Sebastian applied for and was granted approvalfor single-acre plats for all but 59 acres of the property. The last application for plat approval was in 1996. In 2002, Sebastian applied for a preliminary subdivision plan for the. remain- ip.g 59 acres' of the property. Following a hearing, the commission voted to deny approval, stating that the preliminary plan had long since expired and was not eligible for extension. In addition, the commission noted that Sebastian's plan did not meet several conditions for approval. Sebastian sued, and the court ruled in favor of the county. Sebastian ap- pealed, arguing that the commission could not change how it had enforced the local zoning code in Spindletop Estates after applying the law differently for nearly 30 years. DECISION: Affirmed. Any failure to administer the regulations correctly prior to 2002 did not @ 2006 Quinlan Publishing Group. Any reproduction is prohibited. For more information please call (617) 542-0048. 61