Urban County Council Special Meeting - Zone Change Hearing

Summary

Meeting Overview

The Urban County Council met on November 27, 2012, at 6:00 p.m. in the Council Chambers at Lexington-Fayette Urban County Government, 200 E. Main St, Lexington, KY 40507. Mayor Jim Gray presided over the meeting.

The council considered one agenda item: an ordinance to change the zoning designation from B-1 to B-3 for properties located at 1949 Nicholasville Rd and 145 Collins Ln. This ordinance was approved. The council took five motions and votes during the meeting and heard 24 public comments from citizens.

Attendance

Present: Ellinger, Farmer, Ford, Gorton, Henson, Kay, Lane, Lawless, Martin, McChord, Myers, Stinnett, Beard, and Blues

Absent: Crosbie

Late: None

Votes and Decisions

Findings of Fact for Disapproval 3:31:53

A motion by Lawless, seconded by Blues, to approve findings that the proposed zone change is not in agreement with the Comprehensive Plan and should be disapproved failed on a roll call vote. The vote was 5 ayes to 9 nays. Those voting in favor were Gorton, Henson, Kay, Lawless, and Blues. Those voting against were Ellinger, Farmer, Ford, Lane, Martin, McChord, Myers, Stinnett, and Beard.

Findings of Fact for Approval 5:05:18

A motion by Martin, seconded by Beard, to approve findings that the proposed zone change is in substantial conformity with the Comprehensive Plan and appropriate for approval passed on a roll call vote. The vote was 9 ayes to 5 nays. Those voting in favor were Ellinger, Farmer, Ford, Lane, Martin, McChord, Myers, Stinnett, and Beard. Those voting against were Gorton, Henson, Kay, Lawless, and Blues.

Conditional Zoning Provisions 5:22:53

A motion by Martin, seconded by Lane, to approve conditional zoning provisions to protect adjacent property owners and ensure compatibility with the neighborhood passed unanimously on a roll call vote of 14 ayes to 0 nays. All members voted in favor. The conditions include prohibited uses, stormwater reduction, fencing and trees, maximum height, inclusion of conditions on the final development plan, and provisions if a hotel is not built.

Amendment to Ordinance 5:29:20

A motion by Martin, seconded by Myers, to amend the ordinance to include conditional zoning restrictions and clarify provisions if a hotel is not constructed passed unanimously on a roll call vote of 14 ayes to 0 nays. All members voted in favor.

Ordinance 1101-12 5:35:22

A motion by Ellinger, seconded by Myers, to pass Ordinance 1101-12, changing the zone from B-1 to B-3 with conditions for 1949 Nicholasville Rd and 145 Collins Ln, passed on a roll call vote of 11 ayes to 3 nays. Those voting in favor were Ellinger, Farmer, Ford, Henson, Lane, Lawless, Martin, McChord, Myers, Stinnett, and Beard. Those voting against were Gorton, Kay, and Blues. The ordinance includes B-3 zoning with prohibited uses, development as a hotel in conformity with renderings, 50 percent stormwater runoff reduction, an 8-foot fence with brick columns and evergreen trees, a maximum 4-story height, and inclusion of conditions on the final development plan.

Public Comment

The meeting included extensive public comment on the proposed zone change, with speakers divided between supporters and opponents of the project.

Support for the Zone Change

Thirteen speakers supported the proposal, primarily emphasizing economic development and neighborhood revitalization. Julie Butcher, a property owner across from the site, called the proposed hotel a safer and more attractive alternative to the current conditions [01:19:10]. Billy Sherrow highlighted potential jobs and increased property taxes [02:11:41], while Brad Pickerell praised the developer's efforts to address neighborhood concerns [02:14:56].

Local business owners expressed strong support. Danny Collins, co-owner of Southland Bowling Lanes, stated the hotel would bring customers to local businesses [02:18:22]. Pam Littleton called the $15 million investment vital for revitalizing the Southland Drive corridor [02:28:06]. Don Hurt, owner of Old Kentucky Chocolates, viewed the hotel as a strong anchor for the area [02:34:41].

Several neighbors supported the project after the developer made concessions. Amanda Hale cited the need for better use of the blighted property and the developer's commitment to stormwater mitigation [02:20:32]. Shirley Tipton supported the change after the developer reduced building height to four stories and committed to stormwater improvements, fencing, and screening [02:23:51].

Opposition to the Zone Change

Eleven speakers opposed the proposal, raising concerns about environmental impacts, neighborhood character, and precedent. Joseph Miller, spokesperson for the opposition, argued the zone change would harm property values and violate the Comprehensive Plan [01:33:19].

Environmental concerns centered on flooding. Tenlee Tarrier presented photos of repeated flooding on Goodrich Avenue and questioned whether the developer's stormwater plan would solve the problem [02:39:11]. Bill Fountain argued that proposed trees would not grow due to utility lines [02:36:24].

Residents expressed concerns about neighborhood character and personal impact. Clarissa Spawn worried the hotel would lead to generic box stores and destroy the area's unique character [02:47:44]. Megan Horn stated she would have reconsidered buying her home if she knew a hotel would be built nearby [02:46:42]. Candice Wallace argued the developer knew the property was B1 zoned when purchased and should not be allowed to change zoning for personal gain [02:55:53].

Sue Beard, a realtor, cited a study showing B3 zoning leads to higher rental rates and argued the neighborhood's character would be lost [02:57:01].

Contested Items

The November 27, 2012 meeting featured three significant areas of contention:

Zoning Change and Neighborhood Impact

A proposed zone change from B-1 to B-3 for a property adjacent to a residential neighborhood generated substantial community opposition. Residents, led by Joseph Miller and supported by over 200 neighbors through a petition, raised concerns about traffic, flooding, noise, and potential impacts to property values. The zoning change became the focal point of debate between the developer's interests and the neighborhood's desire to preserve its character and quality of life.

Developer Concessions and Precedent

The council was divided on whether the developer's proposed concessions were adequate justification for the zone change. The developer offered to reduce the hotel height to four stories and commit to stormwater mitigation measures. Council members disagreed on the significance of these concessions: some argued they were unprecedented and substantial enough to warrant approval, while others contended that the concessions were insufficient to overcome concerns about establishing an unfavorable precedent for future development in the area.

Procedural Dispute Over Public Testimony

A procedural disagreement emerged regarding the rules governing public participation. The question arose as to whether public speakers could be subject to cross-examination during the hearing. The presiding officer ruled that public speakers were not witnesses and therefore could not be cross-examined. This ruling prompted brief debate among council members about the appropriate procedures and rules for conducting the public hearing.

Ordinance changing zone from B-1 to B-3 for 1949 Nicholasville Rd and 145 Collins Ln

The Urban County Council held a special meeting to consider rezoning a property located at 1949 Nicholasville Rd and 145 Collins Ln from B-1 to B-3 zoning classification 0:00.

The hearing included presentations from multiple parties:

• Planning staff provided analysis and recommendations
• The petitioner presented the case for the zone change
• Opponents presented concerns about the proposed rezoning

Key speakers during the discussion included Bill Sallee, Bruce Simpson, and Joseph Miller.

The council heard public testimony from both supporters and opponents of the rezoning proposal. The discussion addressed the implications of changing the zoning classification from B-1 (limited business) to B-3 (general business), which would allow for different types of commercial development and uses on the property.

Outcome

The Urban County Council approved the zone change from B-1 to B-3 for the property at 1949 Nicholasville Rd and 145 Collins Ln. The approval included conditions that were established to address concerns raised during the hearing and to ensure compatibility with the surrounding area.