Danville-Boyle County Planning Commission v. Centre Estates

190 S.W.3d 354, 2006 Ky. App. LEXIS 86
CourtCourt of Appeals of Kentucky
DecidedMarch 24, 2006
DocketNos. 2004-CA-001568-MR, 2004-CA-001569-MR, 2004-CA-001682-MR, 2004-CA-001685-MR
StatusPublished
Cited by4 cases

This text of 190 S.W.3d 354 (Danville-Boyle County Planning Commission v. Centre Estates) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Danville-Boyle County Planning Commission v. Centre Estates, 190 S.W.3d 354, 2006 Ky. App. LEXIS 86 (Ky. Ct. App. 2006).

Opinion

OPINION

HENRY, Judge.

The Danville-Boyle County Planning Commission (Planning Commission), the Mayor and Board of Commissioners of the City of Danville (City) and Jim and Nancy Davis, landowners and intervening defendants, filed separate appeals from an Opinion and Order of the Boyle Circuit Court remanding this case to the Commission with directions that it adopt new findings and recommend a new zoning classification for undeveloped land owned by Centre Estates. Although each appellant viewed the issues presented on appeal with a different emphasis, their arguments substantially coincide. The issues presented for our determination are: 1) Whether the zone change' request failed to satisfy the statutory requirements found at KRS1 100.213(1); 2) Whether the zone change request was barred by the doctrine of administrative res judicata; 3) Whether the trial court had the authority to remand the case to the Planning Commission; and 4) Whether the trial court exceeded the permissible scope of its review and improperly substituted its judgment for that of the Planning Commission. Having con-[357]*357eluded that there is substantial evidence to support the City’s decision that the statutory requirements for a zone change were not met, we reverse.

Centre Estates owns over 70 acres of undeveloped land bordered on the north by U.S. 150 and on the east by Gose Pike in Danville. The property is currently zoned for agricultural-residential use (AR-1). The area to the north of the subject property, across U.S. 150, is heavily developed, containing restaurants, a shopping center and various businesses. Hotels and restaurants he to the west of the property. U.S. 150 intersects U.S. 127 a few hundred yards west of Gose Pike. Traffic is very heavy on both of these major highways.

In 1999, Centre Estates filed an application to change the zoning classification of the property from AR-1 to H-C (Highway Commercial). That application was denied. On December 26, 2002, Centre Estates filed another application to change the zoning of this 71.58-acre tract, intending to develop the area for primarily retail commercial uses such as restaurants, stores, and offices, and a shopping center area, which would accommodate larger retail stores. A lengthy public hearing was held before the Planning Commission on January 15, 2003, after which the matter was tabled until March 19, 2003. At the March meeting the Planning Commission voted on the request, and issued a nine-page document entitled “Findings and Recommendations on the Request of Centre Estates to Rezone 71.58 Net Acres Located on U.S. 150 By-Pass West of Gose Pike, Danville From AR-1 (Agricultural-Residential) to H-C (Highway Commercial).” This document contained a detailed summary of the proof presented both in support of, and in opposition to the zone change, as well as the pertinent statutory requirements, findings of fact and conclusions, and a recommendation to the Board of Commissioners of the City of Danville setting out five reasons why the request should be denied. Those reasons, summarized,2 were:

A) No significant changes in circumstances affecting the property has occurred since the denial of Centre Estates’ identical request in 1999; therefore the proposal should be denied under the doctrine of administrative res judicata.
B) The Zone Map Amendment requested by Centre Estates does not agree with the Future Land Use Plan for the City of Danville.
C) No major, unanticipated physical, social or economic change has occurred which has altered the basic character of the area.
D) “Although the existing AR-1 zoning may be inappropriate, the proposed H-C zoning was not demonstrated to be an appropriate use for the entire 72 acre parcel.”
E) “The Applicant failed to demonstrate or prove a compelling need for his zone change request.”

At its meeting on April 28, 2003, the City adopted the Commission’s Findings and Recommendations in toto, and denied Centre Estates’ zone change request. Centre Estates appealed the City’s decision to the Boyle Circuit Court.

In its Opinion and Order entered July 29, 2004, the Circuit Court found that Cen-tre Estates’ application “was not barred by administrative res judicata, but that the erroneous application of administrative res judicata by the Planning and Zoning Com[358]*358mission and the City did not deprive Plain-tifRAppellant of a fair hearing.” The court went on to find “that the City and the Planning Commission’s refusal to grant any zone change to the subject property is arbitrary because the City and Planning Commission found that the existing zoning is inappropriate, but made no finding as to the appropriate zoning classification(s).” In support of this ruling the court cited to City of Louisville v. Kavanaugh, 495 S.W.2d 502 (Ky.1973).

The Circuit Court cited the City’s adoption of Section 1790.2 of the Zoning Ordinance as its reason for holding that the Commission and the City were in error in finding that administrative res judicata barred Centre Estates’ application. As quoted by the court, that section provides that “the Planning Commission may prohibit for one (1) year the reconsideration of a map amendment identical to a denied map amendment.” The court held that because the City denied Centre Estates’ prior map amendment request more than one year earlier, the ordinance controls rather than the doctrine of administrative res judicata. The court nevertheless found that the erroneous application of that doctrine did not deprive Centre Estates of a fair hearing because full hearings were held on the application, and because the refusal to rezone was based on other grounds in addition to res judicata.

The Circuit Court’s ruling concluded as follows:

The Planning Commission made a finding which states: “Although the existing AR-1 zoning may be inappropriate, the proposed H-C zoning was not demonstrated to be an appropriate use for the entire 72 acre parcel. ” The Court finds that the Planning Commission found that the existing AR-1 zoning is not appropriate, but further finds that there is insufficient evidence to overturn the finding that H-C zoning was not appropriate for the entire parcel. For example, there was evidence presented of empty and available H-C land at a number of other locations in the vicinity. However, the Planning Commission made no finding as to which zoning classification(s) are appropriate and refused to grant any change to the existing zoning classification. Where the legislative body finds that the existing zoning is inappropriate but refuses to rezone, such refusal is arbitrary. City of Louisville v. Kavanaugh, Ky.App., 495 S.W.2d 502 (1973). The question then becomes what “disposition should be made by the circuit court.” Kavanaugh at 505. Under these circumstances, this Court holds that the matter should be remanded to the Planning Commission for adoption of findings, based on the record, as to the appropriate zoning classification(s) and a recommendation to rezone the property to such classifications. (Emphasis added).

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DANVILLE-BOYLE COUNTY v. Centre Estates
190 S.W.3d 354 (Court of Appeals of Kentucky, 2006)

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Bluebook (online)
190 S.W.3d 354, 2006 Ky. App. LEXIS 86, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danville-boyle-county-planning-commission-v-centre-estates-kyctapp-2006.