Urban County Council Special Meeting - Public Hearing

Summary

Meeting Overview

The Urban County Council met on February 26, 2013, at 6:00 p.m. in the Council Chambers of Lexington-Fayette Urban County Government. Chuck Ellinger presided over the meeting, which addressed one agenda item focused on a zoning change. The Council considered an ordinance on second reading to change the zoning designation from R-1D to R-4 for property located at 116 and 118 Simpson Avenue, 1100-1110 Prospect Avenue, and portions of 101 and 103 Burley Avenue. The ordinance was approved. During the meeting, the Council took four motions to a vote and heard five public comments from citizens.

Attendance

Present: Chuck Ellinger, Kay, Lawless, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Farmer

Absent: Ford, Henson, Lane, Clarke

Late: None

Votes and Decisions

Ordinance 0072-13: Initial Zoning Change Motion 1:14:04

Ms. Lawless moved for approval of an ordinance changing zoning from R-1D to R-4 for property at 116 and 118 Simpson Ave., 1100-1110 Prospect Ave., and portions of 101 and 103 Burley Ave. The motion failed with no votes recorded.

Ordinance 0072-13: Findings of Fact 1:17:59

Ms. Akers moved, seconded by Mr. Myers, to approve the findings of fact for approval from the Planning Commission regarding the zone change request. The motion passed by roll call vote with 9 ayes and 1 nay.

• Voted For: Kay, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Ellinger, Farmer
• Voted Against: Lawless

Ordinance 0072-13: Adoption of Zoning Ordinance 1:18:30

Mr. Kay moved, seconded by Mr. Farmer, to adopt the ordinance changing zoning from R-1D to R-4 for the specified properties. The motion passed by roll call vote with 9 ayes and 1 nay.

• Voted For: Kay, Mossotti, Myers, Scutchfield, Stinnett, Akers, Beard, Ellinger, Farmer
• Voted Against: Lawless

Adjournment 1:19:04

Mr. Stinnett moved, seconded by Mr. Myers, to adjourn the meeting. The motion passed unanimously.

Public Comment

Five members of the public provided comments during the meeting, raising concerns about the proposed development's impacts on the neighborhood and environment.

Ken Cooke 27:29 expressed concern that the proposed development would bury the North Fork of Vaughan's Branch, a significant stream that drains 350 acres of the University of Kentucky campus. He questioned how the project would manage stormwater flow, velocity, and downstream impacts.

Priscilla Pemberton 31:17 opposed the zone change, citing concerns about increased congestion, lack of sidewalks and streetlights, and the perceived negative impact of student housing on the neighborhood's character and safety.

John Miniard 34:55 shared concerns about traffic congestion, lack of sidewalks, and disruptive student activity, including loud parties and crime. He cited personal experiences with police inaction and dangerous driving conditions.

Ginny Daley 37:28 highlighted multiple concerns including increased traffic volume, parking issues, stormwater runoff, noise, and crime. She also noted the lack of affordable housing and argued that the development contradicts the Comprehensive Plan and harms the existing neighborhood.

Amy Clark 44:34 supported concerns about the area's existing hyper-density, noting that the proposed development would exacerbate issues related to poverty, crime, and stormwater. She argued that the development would not respect the neighborhood's scale or character.

The public comments collectively addressed environmental impacts, traffic and parking concerns, neighborhood safety and quality of life, and consistency with planning documents.

Contested Items

The meeting featured three significant areas of contention regarding the proposed development:

Zoning Change Justification

Council Member Lawless challenged the staff's rationale for the zone change, arguing that a prior R-1T rezoning in the area had not been properly vetted. Lawless contended that allowing such "spot zoning" would undermine the Comprehensive Plan and erode neighborhood character. This disagreement resulted in a split vote among council members.

Stormwater and Environmental Impact

Multiple residents expressed concerns about the proposed development's environmental effects. Specifically, they raised issues regarding the North Fork of Vaughan's Branch, including the burial of a stream and what they characterized as inadequate stormwater management. Residents argued that these impacts would increase flooding and degrade water quality in the area.

Traffic and Safety Concerns

Residents reported experiencing increased traffic, dangerous driving, and crime related to existing student housing in the area. They cited specific incidents involving parties, police inaction, and parking congestion. Residents argued that the proposed development would exacerbate these existing problems, creating additional safety hazards for the community.

Ordinance – Second Reading: Changing zone from R-1D to R-4 for property at 116 and 118 Simpson Ave.

The Urban County Council held a public hearing on a proposed zoning change from Single Family Residential (R-1D) to High Density Apartment (R-4) for a 1.976 net acre parcel located in Council District 3. The affected properties included 116 and 118 Simpson Ave., 1100-1110 Prospect Ave., and portions of 101 and 103 Burley Ave. 7:54

The Planning Commission had previously recommended approval of the zoning change, citing a recent unanticipated zone change to R-1T in the adjacent area as justification for the proposal.

Key speakers during the discussion included Bill Sallee, Darby Turner, Ken Cooke, Priscilla Pemberton, John Miniard, Ginny Daley, and Amy Clark.

Opponents of the zoning change raised several concerns about the proposed development:

• Stormwater management and drainage issues
• Traffic impacts on the surrounding area
• Potential increases in crime
• Effects on neighborhood character

Despite the opposition voiced during the public hearing, the Urban County Council voted to approve the ordinance by a vote of 9-1, moving forward with the zoning change from R-1D to R-4 for the specified properties.