Urban County Council Special Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on February 8, 2011, at 5:00 p.m. in Lexington, Kentucky, with Mayor Gray presiding. The council considered one agenda item during the meeting: an ordinance to change the zoning designation for properties at 578 Woodland Ave. and 505 Columbia Ave. from a Two-Family Residential (R-2) zone to a Planned Neighborhood Residential (R-3) zone. This ordinance was approved. The council took two motions and votes during the session and heard ten public comments from members of the community.

Attendance

Present: Henson, Kay, Lawless, McChord, Stinnett, Beard, Blues, Crosbie, Ellinger, Farmer, Ford, Gorton

Absent: Lane, Martin, Myers

Late: None reported

Votes and Decisions

Adoption of Findings of Fact for Disapproval of the Zone Change 2:22:51

Motion by Lawless, seconded by Blues. This motion failed on a roll call vote with 6 ayes and 5 nays.

Voting in favor: Henson, Kay, Lawless, Blues, Ford, Gorton

Voting against: McChord, Stinnett, Crosbie, Ellinger, Farmer

Vote on the Zone Change Ordinance 2:27:11

Motion by Stinnett, seconded by Ellinger. This motion passed on a roll call vote with 5 ayes and 6 nays.

Voting in favor: McChord, Stinnett, Crosbie, Ellinger, Farmer

Voting against: Henson, Kay, Lawless, Blues, Ford, Gorton

The zone change ordinance was approved with conditional zoning restrictions: no more than two residential dwelling units; use limited to single-family detached, two-family dwelling, or any conditional use approved by Board of Adjustment or Planning Commission.

Public Comment

The meeting included public comment from ten speakers addressing a proposed rezoning matter, with opinions divided between those supporting and opposing the zone change.

Support for the Proposal

Ben Harper 31:22 spoke in support of the fraternity house, highlighting the organization's long-standing positive relationship with neighbors and its commitment to scholarship, community service, and maintaining property standards.

Bill Lear 34:02 affirmed that the property has long served as student housing and characterized the proposed use as a low-intensity, stable improvement consistent with the area's character.

Tom Block 36:55 responded to objections raised by the Bluegrass Trust, expressing surprise at their position and noting the fraternity had no prior knowledge of historical significance. He emphasized the project's environmental and community benefits.

Keith Ellis 43:00 praised the fraternity's strong academic performance, community service, and responsible behavior, stating it has never had a risk management violation in six years.

Bill Martin 46:16 emphasized the multiple layers of oversight—house corporation, advisors, university, and international headquarters—that ensure the chapter remains responsible and accountable.

Opposition to the Proposal

Kate Savage 50:08 opposed the rezoning due to concerns over parking congestion, traffic, and the precedent it would set for future developments, emphasizing that the proposed building would place additional stress on an already overburdened neighborhood.

Ted Cowan 1:00:24 urged the Council to pause and engage in broader planning with the university and neighborhoods to address Greek housing needs collectively, rather than approving isolated zone changes.

Janet Cowan 1:07:56 expressed concern that allowing the rezoning would erode the character of the residential neighborhood and set a precedent for further changes, potentially leading to the loss of single-family homes.

Rose Garden 1:11:54 argued that the neighborhood should remain residential and that the university should find space for Greek organizations on its own land rather than expanding into residential zones.

Pat Lawrence 1:13:31 stated that the neighborhood is not against students or fraternities, but opposes any rezoning of Columbia Heights, emphasizing that the vote is about protecting neighborhood character.

Contested Items

The meeting featured three significant areas of disagreement:

Spot Zoning and Precedent

Community opponents raised concerns that the rezoning proposal would establish a dangerous precedent for future changes in the R1/R2 neighborhood. They argued that approving this rezoning would undermine years of community effort to preserve the residential character of the area through the ZODA initiative.

Parking and Traffic Concerns

A split vote emerged over parking and traffic adequacy. Significant debate occurred regarding whether the proposed six parking spaces would be sufficient to accommodate the fraternity's 50 members and event-related traffic. Disagreement centered on conflicting claims about the availability of nearby university parking as an alternative solution.

Use of Architectural Renderings

A procedural dispute arose concerning the admissibility of architectural renderings as evidence. This disagreement led to a motion to remove and redact the renderings from the record in accordance with Council rules.

An Ordinance changing the zone from a Two-Family Residential (R-2) zone to a Planned Neighborhood Residential (R-3) zone

2:45

The Council held a public hearing on a proposed zone change for property located at 578 Woodland Ave. and 505 Columbia Ave. The ordinance sought to rezone the corner property from Two-Family Residential (R-2) to Planned Neighborhood Residential (R-3) to permit construction of a fraternity house with conditional use and dimensional variance.

Applicant Presentation

The applicant presented a LEED Platinum study lodge design that emphasized environmental sustainability and community benefits. The proposal highlighted the environmental performance standards and design features of the planned structure.

Planning Commission Recommendation

The Planning Commission had previously reviewed the proposal and recommended conditional approval of the zone change.

Public Hearing Discussion

Key speakers during the hearing included Jimmy Emmons, Ben Simmons, Kate Savage, Ted Cowan, Janet Cowan, Rose Garden, Pat Lawrence, Ben Harper, Bill Lear, Tom Block, Keith Ellis, and Bill Martin.

Opponents of the proposal raised several concerns: - Parking availability and capacity - Traffic impacts on the surrounding neighborhood - Potential precedent for similar zone changes in the area - Effects on neighborhood character

Outcome

The ordinance was approved.