Urban County Council

Summary

Meeting Overview

The Urban County Council convened on January 18, 2024, at 6:00 PM in the Council Chambers in Lexington, KY, with Mayor Gorton presiding. The meeting focused primarily on zoning ordinances, with the council conducting first readings on five separate zoning change proposals affecting various properties throughout the county. These ordinances addressed conversions between different residential, business, and professional zones, including changes from Highway Service Business and Single Family Residential zones to Medium Density Residential, Professional Office to Neighborhood Business, Mixed Low Density Residential to Neighborhood Business, Agricultural Urban to Planned Neighborhood Residential, and Medium Density Residential to Downtown Frame Business zones.

During the session, the council took five votes and heard six public comments from community members. All five zoning ordinances received their first reading, representing the initial step in the legislative process for these proposed zoning changes. The meeting provided opportunities for public input on these zoning matters, which will affect land use and development patterns in various neighborhoods and commercial areas throughout Lexington-Fayette County.

Attendance

The following members were present at the January 18, 2024 meeting:

Present: • Plomin • Reynolds • Sevigny • Sheehan • Worley • Wu • F. Brown • J. Brown • Ellinger • Elliott Baxter • Fogle • Gray • LeGris • Lynch • Monarrez

All 15 members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The council conducted five votes during the January 18, 2024 meeting, with all motions passing unanimously with 15 members present.

Minutes Approval 0:00 Councilmember Ellinger motioned to approve minutes from the November 28, December 5, and December 7, 2023 meetings, seconded by Sevigny. The motion passed unanimously 15-0, with all members voting in favor: Plomin, Reynolds, Sevigny, Sheehan, Worley, Wu, F. Brown, J. Brown, Ellinger, Elliott Baxter, Fogle, Gray, LeGris, Lynch, and Monarrez.

Docket Item Removal 0:00 Reynolds motioned to remove item 2621-34 from the docket, seconded by Sevigny. The motion passed by voice vote 15-0, with all 15 members supporting the removal.

Mayoral Appointments 0:00 Fogle motioned to approve Communications from the Mayor regarding appointments, seconded by Gray. The motion passed unanimously 15-0, with all council members voting in favor.

Price Contracts 0:00 Wu motioned to approve Communications from the Mayor regarding price contracts, seconded by Plomin. The motion passed unanimously 15-0, with all members supporting the contracts.

Fire Discipline 0:00 Reynolds motioned to approve Fire Discipline matters, seconded by Elliott Baxter. The motion passed unanimously 15-0, with all council members voting in favor.

All votes demonstrated complete consensus among the 15 council members present, with no opposition or abstentions recorded on any of the five motions considered during the meeting.

Budget and Financial Actions

The meeting addressed multiple financial items totaling over $3.7 million in contracts, grants, and purchases.

Major Contracts and Purchases: • $1,512,563 for the purchase of one new Pierce Enforcer Aerial truck from Atlantic Emergency Solutions • $183,000 contract with Gresham Smith and Partners for construction administrative services related to the Town Branch Commons Corridor Project • $167,950 agreement with Interpersonal Frequency for cloud infrastructure for hosting public website • $149,250 contract with Cooperative Personnel Services d/b/a CPS HR Consulting for Fire Captains and Fire Majors Promotional Processes for the Division of Fire and Emergency Services • $68,136.72 in Professional Services Agreements with Sexual Assault Nurse Examiners including Kayla Keeping, Bethanie Logdon, Angela Wallace, Megan Magsam, Kristen Beers, and Marinda Beasley

Grant Awards and Applications: The city received significant grant funding, including $789,152 total from the Lexington-Fayette County Health Department for the Home Network Project ($711,152 initial grant plus $78,000 additional award). Additional grants included $164,664.46 from the Kentucky Energy and Environment Cabinet for the Litter Abatement Grant Funding Program and $103,367.98 from the Kentucky Department of Military Affairs for the Emergency Management Assistance Project.

Stormwater Quality Projects: Three Class A and Class B Incentive Grants were awarded totaling $180,130: $53,020 to Friends of Wolf Run, Inc., $54,450 to Sunny Slope Farms Homeowners Association, Inc., and $72,660 to Fayette County Public Schools.

Other Financial Actions: • $29,695 agreement with Love to Ride for professional services for the Lexington Area MPO • $29,346 amendment to agreement with University of Kentucky Research Foundation for the Barrier Free Re-Entry and Recovery Initiative • $10,100 agreement with Tapco/Vue Robotics for Road Weather Information Systems modems • $6,000 purchase of database access from iconnectiv, LLC

Public Comment

Six residents addressed the council during the public comment period, with the majority focusing on opposition to proposed zoning amendments affecting fueling stations.

Opposition to ZOTA Amendments

Four speakers voiced concerns about proposed amendments to the Zoning Ordinance Text Amendment (ZOTA):

• Bob Riley 0:00 expressed concerns about proposed amendments to zoning ordinances that would affect fueling stations, arguing they would create fuel deserts and limit consumer choice.

• Wes Rowe 0:00 voiced opposition to the zoning amendments, citing conflicts with existing laws and questioning the rationale behind certain restrictions.

• Brian Clark 0:00 argued that the proposed zoning amendments unfairly target fueling stations and could lead to unintended consequences like fuel deserts.

• Carlisle Clark 0:00 expressed that the zoning amendments would negatively impact small businesses and limit the ability to provide fuel options to the community.

Other Topics

Emma Curtis 0:00 thanked council members Lynch and Sevigny for their testimonies against state legislation that would limit local governance.

Katharine Perkins 0:00 thanked the council for their work and raised concerns about noise and lighting issues affecting residents.

The public comment period highlighted significant community opposition to the proposed zoning changes, with multiple speakers warning about potential negative impacts on fuel availability and small businesses in the area.

Appointments

The meeting included appointments and reappointments to various city boards and commissions.

Neighborhood Center Boards: • Paula Campbell-Rudd was reappointed to the Black & Williams Neighborhood Center Board • Patricia Hayden and Dale Morgan were reappointed to the Charles Young Neighborhood Center Board • Morgan Jones was appointed to the Charles Young Neighborhood Center Board

City Commissions: • Benjamin Taylor and Margaret Verble were reappointed to the Civil Service Commission • Ronald Delgado was appointed to the Human Rights Commission • Roxanne Cheney, Steven Katz, and Steven Tyner-Wilson were appointed to the Senior Services Commission

Economic Development and Tourism: • Daryl Smith was appointed to the Economic Development Investment Board • Kathy Artiles was reappointed to the Lexington Convention and Visitors Bureau Board of Directors

Public Safety and Health: • Michael Lally was reappointed to the Emergency Medical Advisory Board

Parks and Recreation: • Lena Campbell was reappointed to the Masterson Station Park Advisory Board • Edward Sheehy was reappointed to the Parks and Recreation Advisory Board

Transportation: • Cathy Taylor was reappointed to the Parking Authority Board

The appointments included a mix of new appointments and reappointments across sixteen positions on various municipal boards and commissions, covering areas from neighborhood services and parks to economic development and public safety oversight.

Contested Items

The primary contested item during the January 18, 2024 meeting involved proposed Zoning Ordinance Text Amendments (ZOTA) related to fueling stations, which drew significant community opposition.

Zoning Ordinance Text Amendments (ZOTA) - Fueling Stations

Several community members spoke against the proposed zoning amendments that would affect fueling stations within the jurisdiction. The opposition centered on two main concerns: the potential creation of "fuel deserts" in certain areas and the restriction of consumer choice regarding where residents could purchase fuel.

Speakers argued that the proposed amendments could limit the number or placement of fueling stations, potentially creating areas where residents would have limited access to fuel. They expressed concern that such restrictions could disproportionately impact certain neighborhoods or force residents to travel longer distances to purchase gasoline.

The community opposition also focused on consumer choice issues, with speakers contending that the zoning amendments would artificially limit competition among fuel retailers and reduce options for consumers. They argued that market forces, rather than zoning restrictions, should determine the location and number of fueling stations.

The specific details of the proposed amendments, the exact number of speakers who addressed the issue, and the ultimate outcome of the discussion were not detailed in the available information. However, the nature of the opposition suggests this was a significant policy matter that generated substantial community interest and concern about the potential impacts on local fuel accessibility and market competition.

Ordinance changing the zone from a Highway Service Business (B-3) Zone and Single Family Residential (R-1B) Zone to a Medium Density Residential (R-4) Zone

0:00

The council considered an ordinance to rezone 5.24 net acres located at 2200 Old Paris Road and 2324 Paris Pike from their current designations of Highway Service Business (B-3) Zone and Single Family Residential (R-1B) Zone to a Medium Density Residential (R-4) Zone.

This agenda item IV.1 represents a zoning change that would allow for medium-density residential development on the affected properties. The R-4 zoning classification typically permits higher density housing options compared to single-family residential zones while being less intensive than commercial highway service business uses.

The ordinance received its first reading during this meeting. No specific speakers were identified in the available meeting data for this particular agenda item, and no detailed discussion points or concerns were documented in the extracted information.

The outcome of this agenda item was completion of the first reading, which is the initial step in the ordinance approval process. As with most zoning changes, this ordinance would typically require multiple readings and potentially additional public input before final adoption.

The properties in question are situated along major transportation corridors - Old Paris Road and Paris Pike - which are significant thoroughfares that could influence the development potential and community impact of the proposed zoning change.

Ordinance changing the zone from a Professional Office (P-1) Zone to Neighborhood Business (B-1) Zone

0:00

The council considered an ordinance to rezone 0.6130 net acres located at 1617 Clays Mill Road from a Professional Office (P-1) Zone to a Neighborhood Business (B-1) Zone. This agenda item IV.2 was presented for first reading during the meeting.

The proposed zoning change would allow for expanded commercial uses at the Clays Mill Road property that are permitted under the Neighborhood Business classification but currently restricted under the Professional Office zoning designation.

No specific speakers were identified in the available meeting materials for this agenda item, and no detailed discussion points or concerns were documented in the provided transcript data.

The ordinance received its first reading during this meeting, which is the initial step in the legislative process for zoning changes. As a first reading, no final action was taken on the proposal, and the ordinance will need to proceed through additional readings and potential public hearings before final adoption.

The rezoning request follows standard municipal procedures for land use changes, requiring council review and approval to modify the existing zoning classification for the specified property on Clays Mill Road.

Ordinance changing the zone from a Mixed Low Density Residential (R-2) Zone to a Neighborhood Business (B-1) Zone

0:00

The council considered an ordinance to rezone 0.15 net acres located at 760 and 762 Florence Avenue from a Mixed Low Density Residential (R-2) Zone to a Neighborhood Business (B-1) Zone. This agenda item IV.3 represents a zoning change that would allow for neighborhood business uses on the small parcel.

The ordinance received its first reading during the meeting. No specific speakers were identified in the available meeting materials for this agenda item, and no details about the discussion, debate, or concerns raised were captured in the provided data.

The properties at 760 and 762 Florence Avenue encompass a relatively small area of 0.15 net acres that would transition from residential zoning that allows mixed low-density housing to a neighborhood business designation that typically permits small-scale commercial activities compatible with residential areas.

As this was the first reading of the ordinance, the item will need to return to the council for additional consideration before final adoption. The first reading represents the initial formal presentation of the proposed zoning change to the council and the public.

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

0:00

The council considered an ordinance to rezone 13.075 net acres located at 5447 Tates Creek Road from Agricultural Urban (A-U) Zone to Planned Neighborhood Residential (R-3) Zone. This agenda item IV.4 represents a first reading of the proposed zoning change.

The ordinance would allow for residential development on the property under the R-3 zoning classification, which typically permits planned neighborhood residential uses with specific design standards and density requirements. The Agricultural Urban zoning currently in place generally allows for limited residential development along with agricultural uses.

No specific speakers or detailed discussion points were recorded in the available meeting data for this agenda item. The item proceeded through its first reading as part of the regular legislative process, which requires multiple readings before final adoption.

The outcome of this agenda item was completion of the first reading. As an ordinance, this zoning change will require additional readings and potential public input before final approval. The first reading allows the proposal to advance through the legislative process while providing opportunity for further review and community feedback in subsequent meetings.

The property's location on Tates Creek Road places it in an area that has seen residential development pressure, making the transition from agricultural to residential zoning a consideration for planned growth management in the community.

Ordinance changing the zone from a Medium Density Residential (R-4) Zone to a Downtown Frame Business (B-2a) Zone

0:00

The council considered agenda item IV.5, an ordinance to rezone 2.143 net acres from Medium Density Residential (R-4) to Downtown Frame Business (B-2a) Zone. The affected properties are located at various addresses on East Maxwell Street and Stone Avenue.

This item was presented as a first reading of the ordinance, which is the initial step in the legislative process for zoning changes. The Downtown Frame Business (B-2a) Zone designation would allow for different types of commercial and mixed-use development compared to the current residential zoning.

No specific speakers were identified in the available meeting data for this agenda item. The item proceeded through first reading without recorded discussion or debate from council members or public comment.

The outcome was completion of the first reading, which allows the ordinance to advance to subsequent readings where more detailed discussion and final action would typically occur. First readings are generally procedural in nature, introducing the proposed zoning change to the official record before substantive deliberation in later meetings.

The rezoning affects multiple properties along East Maxwell Street and Stone Avenue, representing a transition from residential to commercial zoning that would align with downtown business district development patterns. The specific addresses and property details would be contained in the full ordinance text, which becomes part of the official record following the first reading.