Urban County Council Special Meeting - Zoning Hearing

Summary

Meeting Overview

The Urban County Council met on January 22, 2013, at 6:00 p.m. in the Council Chambers under the presiding leadership of Linda Gorton. During this session, the Council considered one agenda item: an ordinance to create a Historic District (H-1) Overlay Zone covering approximately 37.85 net acres (approximately 51.14 gross acres). The Council took two votes and heard five public comments during the meeting. The proposed Historic District overlay ordinance was approved.

Attendance

Present: Clarke, Ellinger, Ford, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Scutchfield, Akers, and Beard

Absent: Farmer, Lane, and Stinnett

Late: None

Votes and Decisions

Motion 1227-12: Adoption of Findings of Fact for Historic District (H-1) Overlay Zone 4:47:17

The Council voted to adopt the findings of fact from the Planning Commission regarding the creation of a Historic District (H-1) Overlay Zone. The motion was made by Kay and seconded by Akers. The vote passed by roll call with 11 ayes and 1 nay.

Voting in favor: Clarke, Ellinger, Ford, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Akers, and Beard

Voting against: Scutchfield

Motion 1227-12: Approval of Ordinance Creating Historic District (H-1) Overlay Zone 4:48:21

The Council voted to approve an ordinance creating a Historic District (H-1) Overlay Zone for approximately 37.85 net acres in Council District 5. The motion was made by Kay and seconded by Ford. The vote passed by roll call with 11 ayes and 1 nay.

Voting in favor: Clarke, Ellinger, Ford, Gorton, Henson, Kay, Lawless, Mossotti, Myers, Akers, and Beard

Voting against: Scutchfield

Public Comment

Five residents spoke during the public comment period, offering both support for and opposition to the H-1 overlay designation.

Support for the Overlay

Tony Chamblin, president of the Ashland Park Neighborhood Association, spoke in favor of the H-1 overlay 49:29. He emphasized the need to protect the neighborhood's historic and architectural integrity, citing a recent teardown and the threat of commercial development. Chamblin highlighted strong community support for the designation and noted economic benefits from prior H-1 designations.

David Berg, a long-time resident of South Ashland Avenue, shared his personal experience with the 1989 H-1 overlay 1:08:37. He described how the designation saved his street from deterioration and transformed it into a vibrant, well-maintained neighborhood, underscoring the long-term benefits of historic preservation.

Opposition to the Overlay

David Minko opposed the H-1 overlay, raising concerns about the voting process 3:06:08. He cited a low response rate and late postcards that he argued skewed results. Minko called for a new, unbiased survey and expressed concern that the process excluded residents who opposed the overlay.

Jim Van Meter criticized the proposed boundary of the overlay 3:12:18. He argued that splitting Ashland Park in half undermines the historical and architectural integrity of the Olmsted-designed layout, particularly the central medians and green spaces.

Keith White, a resident of Slashes Road, claimed that his neighborhood was coerced into the H-1 overlay without proper notice or opportunity to participate 3:18:19. He characterized the process as a "railroading" that violated democratic principles.

Contested Items

The January 22, 2013 meeting featured three significant areas of disagreement among council members and citizens.

Boundary of H-1 Overlay Zone

Council members and citizens debated the proposed boundary of the H-1 overlay zone, with particular contention over whether the boundary was arbitrary. Specific concerns included the exclusion of areas south of Slashes Road and the inclusion of Hanover Towers. Opponents argued that Hanover Towers did not fit the historic character of the neighborhood and questioned the logic behind these boundary decisions.

Voting Process and Notification

A procedural dispute arose regarding the validity of the postcard survey used to gauge community support. Opponents challenged the survey's legitimacy on multiple grounds: late submissions were accepted, certified mail notification was not used, and Hanover Towers residents were included in the survey despite questions about their inclusion in the overlay zone itself. Critics argued these factors created bias and lacked transparency in the decision-making process.

Property Rights vs. Historic Preservation

A heated discussion emerged between those prioritizing individual property rights and those supporting historic preservation. Speakers including Frank Harris and Jenny Saville argued that H-1 zoning constitutes an infringement on individual property rights and represents government overreach. In contrast, supporters of the overlay zone emphasized the long-term community benefits and the importance of protecting the neighborhood's historic character. This fundamental disagreement reflected differing philosophies about the balance between private property interests and community preservation goals.

An Ordinance creating a Historic District (H-1) Overlay Zone for approximately 37.85 net (approximately 51.14 gross) acres

2:17

The council considered an ordinance to establish an H-1 historic district overlay zone covering approximately 37.85 net acres (51.14 gross acres) in Council District 5. The proposed overlay zone would apply to properties along Desha Road, Fincastle Road, Fontaine Road, South Hanover Avenue, East High Street, Richmond Road, and Slashes Road.

Support and Recommendations

The Planning Commission and the Board of Architectural Review both supported the ordinance, providing findings of fact that formed the basis for council consideration.

Public Testimony

The council heard extensive public testimony from both proponents and opponents of the historic district designation. Key speakers included Bill Sallee, Randy Shipp, Fred "Bo" Fugazzi, Stephen Vicroy, Tony Chamblin, David Minko, and Jim Van Meter, who presented various perspectives on the proposal.

Council Action

The council approved the ordinance after adopting the Planning Commission's findings of fact. This action established the H-1 overlay zone for the specified properties in the district.