Special Urban County Council Meeting

Summary

Meeting Overview

The Lexington-Fayette Urban County Government Council met on October 28, 2008, at 6:00 p.m. in Lexington, Kentucky, with Vice-Mayor Jim Gray presiding. The council considered one agenda item: an ordinance proposing to change a property's zoning classification from Agricultural Urban (A-U) to Planned Unit Development-1 (PUD-1). The council took two votes during the meeting and heard eleven public comments. The proposed zoning change was denied.

Attendance

Present: Jim Gray, Ellinger, Gorton, Henson, James, Lane, McChord, Stevens, Beard, Blevins, Blues

Absent: DeCamp, Myers, Stinnett, Crosbie

Late: None reported

Votes and Decisions

Adoption of Findings of Fact for Zone Change Disapproval

A motion to adopt findings of fact for disapproval of the zone change from Agricultural Urban to Planned Unit Development-1 was made by Blevins and seconded by McChord. The motion passed by roll call vote with 9 ayes and 2 nays. 10:05:00

Voting in favor were: Ellinger, Gorton, Gray, Henson, James, McChord, Beard, Blevins, and Blues.

Voting against were: Lane and Stevens.

Vote on Zoning Ordinance

A roll call vote was held on the ordinance to change zoning from Agricultural Urban to Planned Unit Development-1. The ordinance failed with 2 ayes and 9 nays. 10:35:00

Voting in favor were: Lane and Stevens.

Voting against were: Ellinger, Gorton, Gray, Henson, James, McChord, Beard, Blevins, and Blues.

Public Comment

Eleven speakers addressed the meeting with concerns about the proposed development project.

Density and Land Use

John Yozwiak argued that 36% of the gross acreage is unusable, which inflates the density calculation and effectively pushes the development toward high-density levels despite the medium-density designation 1:04:15.

Traffic and Transportation

Marvin Mills expressed concern that connecting the development to Agape Drive would increase traffic fivefold, creating safety hazards and disrupting neighborhood tranquility 1:06:29. David Kolpek noted that Agape Drive is only 30 feet wide and would become unsafe if used as a through street with increased traffic 2:02:59.

Environmental and Natural Features

Lauren Larson highlighted the 300-year-old Bur Oak tree as a significant natural feature and urged protection of its root zone, citing environmental and historical importance 1:18:56. Cindy Rullman used a metaphor comparing the Bur Oak to a priceless piece of art, arguing that destroying it would be an act of senseless vandalism 1:50:16.

Geological and Soil Concerns

Roger Marion warned of potential damage from blasting and excavation in karst terrain, citing risks to groundwater, soil stability, and nearby structures 1:24:12. Janice Parsons raised concerns about potential hazardous chemicals in the soil from past use of the property as a mulch and topsoil site 2:05:40.

Planning and Development Process

Kim Crosetti opposed the PUD-1 approval due to the lack of a finalized development plan and the absence of a Greenway Manual, fearing poor planning and increased crime risk 1:35:58. Fred Wohlstein suggested that if the zone change proceeds, strict conditions must be imposed, including no Agape connection, traffic mitigation, and preservation of natural areas 1:47:05.

Schools and Infrastructure

Tianxian Li raised concerns about increased student load on Dunbar High School and the elementary school due to the proposed 192 townhomes 1:58:28.

Flooding and Property Values

Christina Dudek expressed concern about increased flooding in the South Elkhorn Creek area and warned that overdevelopment could negatively impact property values 2:00:47.

Contested Items

The October 28, 2008 meeting featured three major areas of contention:

PUD-1 Zoning and Development Plan

The council was deeply divided on whether to approve a PUD-1 zone change without a finalized development plan. The vote split the council, with strong opposition from residents and some council members who raised environmental, traffic, and procedural concerns. The core disagreement centered on whether approving the zoning change in advance of a completed development plan was appropriate or premature.

Bur Oak Tree Protection

A heated discussion emerged regarding a 300-year-old Bur Oak on the proposed development site. Multiple speakers, including experts and residents, emphasized the ecological and historical significance of the tree. Advocates demanded a 150-foot root zone buffer and strict development restrictions to preserve the tree. The dispute reflected broader concerns about environmental protection versus development priorities.

Agape Drive Connectivity

Residents of Dogwood Trace strongly opposed connecting the new development to Agape Drive. Their opposition centered on three main concerns: increased traffic through their neighborhood, safety risks, and loss of neighborhood character. This item represented direct community resistance to a specific infrastructure component of the proposed development plan.

Ordinance changing zone from Agricultural Urban (A-U) to Planned Unit Development-1 (PUD-1)

The council considered a rezoning request for 24.88 net acres located at 4500 Old Schoolhouse Lane from Agricultural Urban (A-U) to Planned Unit Development-1 (PUD-1) zoning 2:47. The proposal included conditions on landscape and buffering requirements.

Applicant's Position

Premier Villages, the applicant, presented arguments in favor of the rezoning. The applicant characterized the proposed development as innovative and stated that it aligned with the comprehensive plan for the area.

Concerns Raised by Opponents

Several concerns were raised during public comment and discussion:

• Traffic impacts - Opponents expressed concerns about traffic generated by the development
• Environmental impact - Questions were raised about the environmental effects of the project
• Bur Oak tree - Specific concern was raised regarding a Bur Oak tree on or near the property
• Incomplete development plan - Opponents noted that a finalized development plan had not been presented

Key Speakers

The following individuals participated in the discussion: Jimmy Emmons, Bill Lear, Marvin Mills, Lauren Larson, Roger Marion, Kim Crosetti, and Fred Wohlstein.

Outcome

The council denied the rezoning request.