Urban County Council - Public Hearing Zone Change

Summary

Meeting Overview

The Urban County Council met on August 13, 2013, at 5:00 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, P-1, R-1E, and R-4 to B-6P for 3.1462 net acres located at 704 Euclid Ave. and 408, 412, 416, and 420 Marquis Ave. The ordinance was approved. During the meeting, the council took five motions and votes and heard twenty public comments.

Attendance

Present: Gorton, Henson, Kay, Lawless, Mossotti, Scutchfield, Beard, Clarke, Ellinger, Farmer, Ford

Absent: Lane, Myers, Stinnett, Akers

Late: None

Votes and Decisions

Motion 0650-13: Adopt findings of fact for disapproval of zone change for 420 Marquis Avenue 5:59:56

Motion by Lawless, seconded by Gorton. This motion failed by roll call vote with 3 ayes and 8 nays.

Voting in favor: Gorton, Henson, Lawless

Voting against: Kay, Mossotti, Scutchfield, Beard, Clarke, Ellinger, Farmer, Ford

Motion 0650-13: Adopt findings of fact for approval of zone change as recommended by Planning Commission 5:49:12

Motion by Farmer, seconded by Mossotti. This motion passed by roll call vote with 11 ayes and 0 nays.

Voting in favor: Gorton, Henson, Kay, Lawless, Mossotti, Scutchfield, Beard, Clarke, Ellinger, Farmer, Ford

Motion 0650-13: Adopt conditional zoning restrictions for the zone change 5:53:37

Motion by Farmer, seconded by Lawless. This motion passed by voice vote with 11 ayes and 0 nays.

The adopted conditions include: building height not to exceed 28 feet above finished floor elevation except for special design features; substantial conformity with approved architectural renderings; minimum 6-foot landscape area with 18-foot planted trees along Marquis Avenue; prohibition on property subdivision into commercial out lots; 8-foot privacy fence along rear boundary with supplementary plantings; restrictions on loudspeaker use except low-level amplification at drive-through pharmacy; requirement for delivery trucks to cut engines while parked; trash compactor use limited to 8 a.m. to 9 p.m.; and inclusion of a covered bus stop on Euclid Avenue in the final development plan.

Motion 0650-13: Amend the ordinance to include the adopted conditions 6:10:26

Motion by Farmer, seconded by Ellinger. This motion passed by roll call vote with 11 ayes and 0 nays.

Voting in favor: Gorton, Henson, Kay, Lawless, Mossotti, Scutchfield, Beard, Clarke, Ellinger, Farmer, Ford

Motion 0650-13: Second reading of the amended ordinance 6:16:28

Motion by Ellinger, seconded by Henson. This motion passed by roll call vote with 11 ayes and 0 nays.

Voting in favor: Gorton, Henson, Kay, Lawless, Mossotti, Scutchfield, Beard, Clarke, Ellinger, Farmer, Ford

Public Comment

The meeting included twenty public comments addressing the proposed zone change and Kroger expansion project.

Opposition to the Expansion

Multiple residents expressed concerns about the project's impact on the neighborhood. Linda Kelley, a Marquis Avenue resident, worried about structural damage to her home, located only three feet from the proposed drive-through and trash compactor [02:13:18]. Esther Murphy criticized the store's scale, comparing it to a prison or manufacturing plant and warning of increased traffic and noise [02:49:26]. Chuck Mallory presented photographs documenting hazardous current access conditions on Hollywood Drive and predicted the proposal would worsen the situation [02:53:13].

Daniel Cooper presented a graph showing the proposed store would be the fourth largest in the city, arguing the footprint is too large for the area [03:00:03]. Kate Savage presented 478 ink signatures and 102 online petition signatures opposing the expansion, stating the store does not fit the neighborhood [03:11:19].

Specific Neighborhood Concerns

Ann Sweeney raised concerns about construction disruption to elderly residents' store access [03:02:10]. Kelly Weber, assistant director at Ashland Terrace Retirement Home, highlighted pedestrian safety issues at the South Ashland and Ashland Terrace intersection and the lack of safe sidewalk access [03:05:26]. Celeste Lewis shared concerns about current noise and odor from the existing Kroger store and questioned how these issues would be mitigated [03:34:20].

Virginia Daley testified that her neighborhood is a food desert underserved by public transit and that the expansion would not address this need [02:48:14]. Debbie Salyer warned the expansion would worsen traffic congestion in a walkable neighborhood [03:24:01].

Design and Planning Issues

Nancy Stengel questioned whether the development set a dangerous precedent for infill projects and raised concerns about roof parking space sizes [02:55:47]. Pauline Rogers expressed concern the contemporary design was inappropriate for the historic neighborhood [03:30:00]. Kathy Franklin urged the council to reconsider the project to ensure it fit the urban core [03:32:12].

Mark Barker argued the zone change violated the comprehensive plan and zoning laws [03:26:19]. Pearl James criticized granting exceptions to corporate entities when smaller projects like church expansions were denied [03:17:01]. Ted Cowan posed a moral question about whether majority benefit justified harm to neighboring residents [03:20:16]. Ike Lawrence criticized the lack of representation from UK students and tenants [03:37:04].

Support for the Project

Jeb Emmons supported the zone change, arguing it would strengthen the neighborhood and set a positive precedent for infill development [03:42:54]. Graham Pohl, an independent architect, testified the project was responsive to community input and represented significant improvement over the current store [03:46:10]. Robin Michler supported the project but urged requiring a pedestrian entrance on Marquis Avenue and prohibiting drive-through facilities [03:51:52].

Contested Items

Zone Change for 420 Marquis Avenue

Council members were divided on whether to exclude the 420 Marquis Avenue lot from a proposed zone change. A motion to exclude the property from the zone change failed by a vote of 3-8, indicating that the majority of council members supported including the lot in the zone change despite the motion to exclude it.

Public Opposition to the Project

Over 20 residents and neighborhood associations voiced strong opposition to the project during the meeting. Opponents raised multiple concerns about the proposed development, including potential impacts from traffic and noise, loss of walkability in the area, and effects on neighborhood character. This substantial community opposition represented a significant point of contention during the proceedings.

Use of Architectural Renderings

A procedural dispute emerged regarding whether architectural renderings could be introduced as evidence or materials for council consideration. The renderings had been previously prohibited from use in the proceedings. The council ultimately approved a motion to allow the introduction of architectural renderings, contingent upon conditions of enforceability being met.

Ordinance changing zone from B-1, P-1, R-1E, and R-4 to B-6P for 3.1462 net acres

The Urban County Council held a public hearing on a proposed zone change affecting 3.1462 net acres at 704 Euclid Ave. and 408, 412, 416, 420 Marquis Ave. The proposal would change the zoning from Neighborhood Business (B-1), Professional Office (P-1), Single Family Residential (R-1E), and High Density Apartment (R-4) to Planned Shopping Center (B-6P).

The hearing included presentations from staff, the applicant Kroger Limited Partnership 1, and opposition groups including the Euclid League and Columbia Heights Neighborhood Association. Key speakers during the proceeding included Bill Sallee, Bruce Simpson, Amy Clark, Linda Kelley, Virginia Daley, Esther Murphy, Chuck Mallory, Nancy Stengel, Daniel Cooper, Ann Sweeney, Kelly Weber, Kate Savage, Pearl James, Ted Cowan, Debbie Salyer, Mark Barker, Pauline Rogers, Kathy Franklin, Celeste Lewis, Ike Lawrence, Jeb Emmons, Graham Pohl, and Robin Michler.

The public hearing format allowed for presentations from the applicant and opponents, followed by public comments and questions from council members. The discussion covered the proposed zone change and its implications for the affected properties and surrounding neighborhoods.

The ordinance was approved by the Urban County Council. The full hearing lasted approximately one hour and eleven minutes.