Erlanger council caucus reviews Dalek text and map amendments, schedules first reading in November

Erlanger City Council caucus members on Tuesday discussed two related zoning proposals: a text amendment removing a requirement for single‑detached garages in multifamily zones and a map amendment request from Corporex to allow multifamily housing in a business‑park parcel referred to in the discussion as the Dalek parcel. The items already received favorable, unanimous votes at the Kenton County Planning Commission (KCPC) on Oct. 2 and will be scheduled for first reading at the November council meeting and a second reading in December.

The text amendment would remove the multifamily requirement to provide a detached garage space for each unit — an element city staff and developers said can be infeasible for larger multifamily developments. Mark, a city staff member involved in the application, noted the Commonwealth Station development on Riggs Avenue had 10 multifamily units and would have been required to find space for 10 garage units under the prior rule.

City attorney Gatlin advised council members that because KCPC conducted the public hearing, the council should rely on the record created there rather than accept new testimony that could introduce issues under Kentucky law. Gatlin explained that state statute (referred to in the meeting as KRS public‑hearing requirements) contemplates one public hearing and warned council members that allowing new evidence at the council stage can create due‑process problems for the city and potential litigation. He also noted a 90‑day window can limit the council’s ability to overturn a planning commission recommendation if the city must re‑notice a new hearing.

Several council participants expressed support for multifamily housing — saying it is “desperately needed” and referencing regional housing studies — while also raising practical concerns about public input at the council phase. One council participant said they would support the zone change but reminded colleagues that the council had removed multifamily from the business‑park zone in a July 19, 2022, caucus meeting and suggested the earlier change had contributed to current complications.

Council members agreed to proceed with the ordinance readings on the schedule described by staff and counsel. No final legislative action or vote on either amendment occurred during the caucus; the matters were set for the formal first reading at the November council meeting and a second reading in December, within the 90‑day statutory period described by counsel.

Votes at this caucus: none. Formal readings and any votes will occur at the November and December council meetings.