By Gage Wilson
For Glasgow News 1
Glasgow City Council voted 7-2 Monday evening to table a proposed rezoning for a piece of property on West Washington Street, delaying consideration as a legal challenge involving the property awaits a court hearing next week.
The decision came after council members received requests from nearby residents to oppose the proposal, which would rezone approximately 2.94 acres at 318 W. Washington St. from medium-density residential and office-professional classifications to R-4, a medium-density multifamily residential district. The property is owned by the Barren County Fiscal Court, and Hero Foundation Inc. has proposed building a 75-unit affordable senior housing development on that property.
Councilwoman Marna Kirkpatrick made the motion to table the ordinance, pointing to an Oct. 19 hearing involving a lawsuit filed by residents challenging the Joint City-County Planning Commission’s recommendation to approve the rezoning.
“I’m not against affordable housing for the seniors,” Kirkpatrick said. “My thing is should we not wait till after the litigation and then bring it before the council.”
City Attorney Rich Alexander explained that Kentucky law establishes a 90-day period involving the Planning Commission’s recommendation and the council’s consideration of a proposed zoning change.
“The statute says in regard to zoning changes, that the Planning Commission is required to forward their recommendations to the city council for consideration within 90 days of the final action taken,” Alexander said.
Kirkpatrick questioned what would happen if the council exceeded that period, although Alexander did not have an immediate answer regarding the potential consequences.
Under Kentucky Revised Statute 100.211, local legislative bodies are generally required to take final action on a proposed zoning map amendment within 90 days of the Planning Commission’s final action. Kentucky courts have held that failure to act within the prescribed period can result in the commission’s recommendation becoming effective by operation of law.
With the Planning Commission having unanimously recommended approval on Aug. 17, the 90-day period would ordinarily expire in mid-November. Whether the pending litigation affects that deadline remains unclear.
“I just feel like since there is litigation started, I feel like as the governing body for the city we need to sit back,” Kirkpatrick said.
While Kirkpatrick’s concerns centered on the pending litigation, Councilman Randy Wilkinson raised questions about the potential impact of the development on city infrastructure and services.
Wilkinson noted that West Washington Street has previously been identified by the city’s infrastructure committee as one of Glasgow’s narrower roads, questioning whether the additional traffic generated by a 75-unit development had been evaluated.
“Has there been any sort of traffic study as far as adding that much traffic?” Wilkinson asked.
“There was no traffic study submitted during the application process,” Planning Director Kevin Myatt responded.
“We’ve heard several concerns about that,” Wilkinson said.
Wilkinson also questioned whether the city had assessed the development’s potential financial impact on police, fire and infrastructure services. Myatt said those figures were not available, emphasizing that the matter before the council concerned the property’s zoning rather than approval of a specific development plan.
“There’s not been a development plan given to the Planning Commission, there may not be a development plan submitted to the Planning Commission,” Myatt said. “This is just the rezoning of the parcel of land right now.”
Wilkinson also questioned whether the property’s historic status would place additional requirements on future construction.
“There are no design guides within the city limits other than the historic overlay,” Myatt explained. “That property does not lie within that district.”
“It being on the national historic registry or something like that, simply means that it is available for federal or state grants,” said Myatt.
The proposed Highland Heights development is being pursued by the Hero Foundation, the non-profit part of the Glasgow Housing Authority, in partnership with Wabuck Development Company. The project would replace the former Barren County Health Department building with affordable housing intended primarily for residents 55 and older.
During an Aug. 17 hearing, the Joint City-County Planning Commission unanimously recommended approval of the rezoning, citing the property’s proximity to existing residential and commercial uses and the community’s continuing housing needs.
However, neighboring residents have raised concerns about traffic, population density and the development’s compatibility with surrounding properties. Those objections have since become part of a legal challenge to the commission’s recommendation.
Monday’s vote leaves the rezoning unresolved, with councilmen Terry Bunnell and Freddie Norris casting the only votes against tabling the ordinance.
A hearing in the pending lawsuit is scheduled for Oct. 19, although the council did not establish a date for reconsidering the rezoning.
Key Fact:
• Glasgow City Council voted 7-2 to table a rezoning ordinance for a proposed 75-unit affordable senior housing development.
• The project would redevelop the former Barren County Health Department property at 318 W. Washington St.
• A lawsuit filed by nearby residents challenges the planning commission’s unanimous recommendation to approve the rezoning.
• A court hearing in the case is scheduled for Oct. 19.
• Council members cited pending litigation, traffic, density and infrastructure questions in delaying action.
• State law generally requires final action on zoning map amendments within 90 days of planning commission decisions, raising timing questions for the council.
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