Urban County Council Meeting - Zoning Public Hearing

Summary

Meeting Overview

The Lexington-Fayette Urban County Government held a meeting on October 8, 2013, at 5:00 p.m. in the Council Chambers located at 200 E. Main Street, Lexington, Kentucky 40507. Chuck Ellinger presided over the session. The meeting addressed one agenda item: an ordinance to change zoning from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3), which was approved. During the meeting, the body took five votes and heard 19 public comments.

Attendance

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

Absent: Myers, Stinnett, Akers, Lane

Late: None

Votes and Decisions

Motion 0908-13: Disapproval of Zone Change 3:56:23 Clarke moved to adopt findings of fact in support of disapproval of a zone change from A-U to R-3 for 4500 and 4524 Old Schoolhouse Lane, seconded by Farmer. The motion failed on a roll call vote of 4 ayes to 6 nays. Voting in favor were Clarke, Farmer, Lawless, and Mossotti. Voting against were Scutchfield, Beard, Ellinger, Ford, Henson, and Kay.

Motion 0908-13: Approval with 75-Foot Buffer 4:03:00 Kay moved to adopt findings of fact for approval from the Planning Commission with a 75-foot buffer around the bur oak tree, seconded by Beard. The motion failed on a roll call vote of 7 ayes to 3 nays. Voting in favor were Scutchfield, Ellinger, Farmer, Ford, Henson, Kay, and Mossotti. Voting against were Beard, Clarke, and Lawless.

Motion 0908-13: Approval with 70-Foot Buffer 4:25:24 Mossotti moved to adopt findings of fact for approval from the Planning Commission with a 70-foot buffer around the bur oak tree, seconded by Lawless. The motion passed on a roll call vote of 8 ayes to 2 nays. Voting in favor were Scutchfield, Ellinger, Farmer, Ford, Henson, Kay, Lawless, and Mossotti. Voting against were Beard and Clarke.

Motion 0908-13: Second Reading of Ordinance 4:31:01 Kay moved for the second reading of an ordinance changing the zone from A-U to R-3 for 4500 and 4524 Old Schoolhouse Lane with conditions including a 70-foot buffer around the bur oak tree, seconded by Henson. The motion failed on a roll call vote of 7 ayes to 3 nays. Voting in favor were Scutchfield, Beard, Ellinger, Ford, Henson, Kay, and Mossotti. Voting against were Clarke, Farmer, and Lawless.

Motion 0908-13: Adoption of Ordinance 4:32:34 Ford moved to adopt the ordinance changing the zone from A-U to R-3 for 4500 and 4524 Old Schoolhouse Lane with conditions including a 70-foot buffer around the bur oak tree, seconded by Beard. The motion passed unanimously on a vote of 10 ayes to 0 nays.

Public Comment

Residents and community members raised extensive concerns about the proposed development across multiple categories:

Infrastructure and Traffic

Nancy Terhaar [01:01:42] expressed concern about inadequate infrastructure, noting that Agape Drive at 31 feet wide is insufficient for the proposed development and would create traffic hazards. Bob Pattie [01:04:31], speaking from experience as a traffic crew superintendent, emphasized that Old Schoolhouse Road is too narrow and structurally unsound for safe vehicle passage, particularly for school buses. Jan Geddes [01:06:50] argued that Agape Drive cannot qualify as a collector street at its current width and cannot be made conforming through parking prohibitions without a resident petition. John Yozwiek [01:09:46] raised concerns that the development depends on a bridge over South Elkhorn Creek to connect Twain Ridge, which is not being built and would cost over $3 million.

Environmental and Natural Resources

Lauren Larson [01:11:20] stressed that the 300–350-year-old bur oak tree requires a 72–180 foot root zone protection, and the proposed 50-foot buffer is inadequate. Dave Leonard [01:24:54] testified that the buffer is insufficient for a 72-inch diameter bur oak, recommending 75–100 feet to preserve the root system. Roger Marion [01:28:40] presented evidence that a pre-Columbian burial site may exist on the property based on updated aerial and topographic data, urging the Council to delay approval. Jason Sloan [02:36:57] noted that state and federal preservation officers have raised concerns about potential burial sites, emphasizing the need for thorough investigation.

Utilities and Water Quality

Kate Giuliani [01:33:39] highlighted that the South Elkhorn Pump Station is under EPA consent decree and the development would strain the system. Vicki Hohmburg [01:37:56] noted that South Elkhorn Creek exceeds fecal coliform standards and new development would worsen pollution through runoff.

Alternative Approaches

Gary Conrad [02:28:11] suggested low-density single-family zoning as an alternative. Horacio Zaglul [02:32:06] proposed the property be donated as a public park. Ron Begley [01:40:07] argued the development is redundant given existing construction nearby.

Council Member Comments

Council Member Henson [03:28:26] proposed a 75-foot buffer around the bur oak tree. Council Member Farmer [03:33:57] praised the neighborhood's participation. Council Member Lawless [03:20:38] emphasized that the Capacity Assurance Program prevents development without verified capacity.

Contested Items

The October 8, 2013 meeting included four major areas of contention:

Bur Oak Tree Protection

Residents and experts strongly opposed the proposed development due to risk of damage to a 300–350-year-old bur oak tree on the site. Community members and specialists presented concerns about the tree's vulnerability during construction. Multiple motions were made to impose buffer conditions of 70–75 feet around the tree to protect it from harm.

Agape Drive as Collector Street

A significant debate arose over whether Agape Drive, which is 31 feet wide, could serve as a conforming collector street for the development. Opponents argued the street is too narrow and unsafe for this purpose. Proponents countered that the street could be made compliant through the implementation of parking restrictions. The disagreement centered on whether existing infrastructure could be adequately modified to meet development requirements.

Archaeological Site (15FA3)

A heated discussion occurred regarding a potential pre-Columbian burial site designated as 15FA3. Conflicting claims emerged about whether the site was actually present on the property. State archaeologists provided updated evidence suggesting the archaeological site may still be intact, intensifying the dispute over the development's impact on cultural resources and the appropriate steps for protection or investigation.

Sewer and Stormwater Capacity

Residents presented evidence that the South Elkhorn Pump Station operates under an EPA consent decree, indicating existing regulatory violations. Community members opposed the development based on concerns that the proposed project would exacerbate existing sewer overflows and stormwater pollution problems in the area. This opposition was grounded in documented environmental compliance issues with current infrastructure.

Ordinance changing zone from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3)

The Council considered a zone change request for 24.88 net acres located at 4500 and 4524 Old Schoolhouse Lane. The proposal sought to change the zoning from Agricultural Urban (A-U) to Planned Neighborhood Residential (R-3).

Key Presentations and Testimony

Multiple speakers presented information and testimony during the meeting, including Bill Sallee, Bill Lear, Fred Wohlstein, Dan Danford, Lauren Larson, Dave Leonard, George Crothers, Kate Giuliani, Ron Begley, and Jason Sloan. Chuck Ellinger also participated in the discussion.

Concerns Raised

Public testimony addressed several substantive issues:

• Traffic impacts and infrastructure capacity
• Environmental impact concerns
• Tree protection, specifically regarding a bur oak tree on the property
• Archaeological concerns related to the proposed development

Conditions and Motions

The Council made multiple motions to adopt findings of fact with varying conditions. A key point of negotiation involved the buffer size around the bur oak tree, with discussions centering on appropriate protective measures. Restrictions on Agape Drive were also proposed as part of the conditions.

Outcome

The ordinance was approved. The final version included a 70-foot buffer condition around the bur oak tree. Council Members Clarke, Henson, Kay, Lawless, Mossotti, and Farmer participated in the vote.