Why residents are challenging rezoning for 75-unit West Washington development
Residents are asking the court to overturn the decision if it finds the approval unlawful or not supported by the required findings and evidence.
GLASGOW, Ky. — Six residents have filed a lawsuit challenging the Joint City-County Planning Commission’s approval of a rezoning request that could allow a 75-unit senior housing development on West Washington Street.
The appeal, filed Sept. 14 in Barren Circuit Court, challenges the commission’s Aug. 17 decision to rezone about 2.94 acres at 318 W. Washington St. from R-2, or medium-density residential, and OP, or office and professional, to R-4, or medium-density multifamily residential.
The property is owned by the Barren County Fiscal Court. The Hero Foundation Inc. is the applicant.
Brennan Crain
The proposed Highland Heights development would include a three-story, roughly 71,575-square-foot building with 75 one-bedroom apartments for seniors. It would replace the former Barren County Health Department building, along with existing greenspace and mature trees.
The lawsuit does not ask the court to decide whether the development should be built.
Instead, the residents are asking the court to determine whether the Planning Commission followed Kentucky law when it approved the zoning change and whether its decision was supported by enough evidence in the record.
Residents Josh Francis, Terryn Francis, Nicholas Boeneke, William F. Thomason Jr., David Ridings, Jaroline Ridings, Edward M. Glass and Dwayne D. Moseley filed the lawsuit together.
They are representing themselves in the case and do not have attorneys.
What the commission decided
The Planning Commission held a public hearing on Aug. 17, when several residents raised concerns about the development’s size, population, traffic and fit within the historic neighborhood.
David Ridings said he was concerned about a large increase in population on West Washington Street.
Dwayne Mosley raised similar concerns and asked how the development would look architecturally because Washington Street is a historic neighborhood.
Nicholas Boeneke raised concerns about population and traffic, as well as potential residents of the development.
Josh Francis said he moved to the neighborhood because it is one of Glasgow’s original historic neighborhoods. He asked whether the development could reflect the historic property and blend in with the neighborhood.
Brennan Crain
April Bowman, a development officer for Wabuck Development Company, said the company considers the historic nature of neighborhoods when planning developments.
Bowman also said elderly residents at Wabuck’s other developments generally generate less traffic because many do not have vehicles or drive often. She said the project would meet parking requirements, so residents would not need to park on the street.
The commission voted unanimously to approve the rezoning.
The motion stated that the property is “located in an area where commercial and residential areas and uses are in existence” and that the proposed development “will benefit the continued housing needs of the community.”
What the lawsuit argues
The appeal centers on whether those findings met the requirements of Kentucky law.
KRS 100.213 sets requirements for zoning map amendments, including findings supporting the change.
The lawsuit points to the commission’s Aug. 17 staff report, which acknowledged that the requested R-4 zoning was not consistent with the Future Land Use Projections Map in the 2024 Barren County Comprehensive Plan.
The plan identifies the property as “Residential Historic.”
The residents argue the commission’s record does not adequately explain why the existing zoning was inappropriate and why R-4 was appropriate, or otherwise establish the legal basis for the change.
The appeal also questions whether the commission adequately considered the development’s density, surrounding properties, historic character, roadway capacity and existing infrastructure.
The proposed development would have a single vehicle entrance onto West Washington Street.
The lawsuit points to actions taken by the City of Glasgow in June and July addressing parking and congestion concerns on the street. According to the filing, the city identified difficulties with two-way traffic passing safely when vehicles are parked on both sides.
The residents argue the record does not adequately support the staff report’s conclusion that the roadway has enough capacity for the development.
The lawsuit also acknowledges that water, sewer, electricity and fire hydrants are available but questions whether the existing infrastructure has enough capacity to serve the project.
Historic district
The property is within the Southwest Glasgow Residential District, which was added to the National Register of Historic Places in 1983.
The lawsuit includes documentation identifying the existing structure at 318 W. Washington St. as a contributing resource within the historic district.
The residents argue the commission’s decision does not adequately show that it considered the proposed building’s scale, density and compatibility with the surrounding historic neighborhood.
During the Aug. 17 hearing, Planning Director Kevin Myatt said Glasgow has not adopted specific architectural or design standards for the residential district that dictate how the building must look.
He said the Planning Commission could recommend or include architectural conditions as binding elements, but those conditions would ultimately require approval by the Glasgow City Council.
The commission also approved a binding element making the zone change conditional on the project receiving outside funding from the Kentucky Housing Corporation.
Glasgow Housing Authority and Hero Foundation Executive Director Sheri Lee agreed to the condition and said there would be no project to construct if the funding was not received.
Residents’ position
Terryn Francis, a West Washington Street property owner, said in a statement that the appeal is not an objection to affordable or multifamily housing.
“We’re not asking the court to decide whether it likes the proposed development,” Francis said. “We’re asking whether the Planning Commission followed the requirements that apply when a zoning change is approved, and whether there was enough evidence in the record to support that decision.”
Francis said residents want the decision carefully considered before it moves to the Glasgow City Council.
The project is not yet under construction. Wabuck is seeking low-income housing tax credits through the Kentucky Housing Corporation’s competitive funding process.
Lee said earlier this month that the development could fill immediately if it is funded and constructed. The Housing Authority has reported dozens of households age 55 and older on its housing waiting lists.
What happens next
The Barren Circuit Court will review the Planning Commission’s action to determine whether it complied with Kentucky law.
The residents are asking the court to overturn the decision if it finds the approval unlawful or not supported by the required findings and evidence. They also ask that the case be sent back to the Planning Commission for further proceedings, if appropriate.
Brennan Crain
The lawsuit represents the appellants’ allegations and legal arguments. The court has not ruled on the claims.
The Planning Commission declined to comment Monday, saying it could not comment on pending litigation. A hearing date had not been set.
The bottom line
The court challenge is about the rezoning decision, not whether the court approves of the proposed housing project.
The residents argue the Planning Commission’s record did not provide the findings and evidence required to change the property’s zoning to R-4.
The commission’s Aug. 17 vote approved the change unanimously, citing existing commercial and residential uses in the area and the community’s housing needs.
