# Urban County Council - Special Meeting - 2nd Reading of Amended Zone Change Ord. - January 24, 2017 > Auto-transcribed civic record · January 24, 2017 - **Permalink**: https://meetings.lexingtonky.news/meeting/4153 - **Source video**: https://lfucg.granicus.com/player/clip/4153?view_id=14&redirect=true - **Date**: 2017-01-24 - **Last revised**: January 24, 2017 - **Length**: 2,343 words > ⚠️ **Auto-generated content.** The transcript on this page is the Granicus stenographer's live closed-captioning track, captured at the time of broadcast (typos and broken sentences common). Speaker labels come from the same track. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Verbatim wording and speaker attribution may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Urban County Council convened on January 24, 2017, at 3:00 PM in the Council Chambers in Lexington, Kentucky, with Vice-Mayor Kay presiding over the session. The meeting focused on a single agenda item involving the second reading of an amended zone change ordinance, which was ultimately approved by the council. During the course of the meeting, council members took three votes on various matters related to the proceedings. No public comments were heard during this session, indicating a streamlined meeting focused primarily on the legislative business at hand. The successful approval of the zone change ordinance represented the primary accomplishment of this council session. ## Attendance **Present:** Bledsoe, J. Brown, Evans, Farmer, Gibbs, Higgins, Lamb, Moloney, Mossotti, Plomin, Kay **Absent:** F. Brown, Henson, Scutchfield, Stinnett **Late:** None Eleven members were present for the January 24, 2017 meeting, with four members absent and no late arrivals recorded. ## Votes and Decisions The council took three votes on ordinance 1298-16 during the January 24, 2017 meeting, all related to zoning changes for property including 8385 Durbin Lane. **Amendment to Include 8385 Durbin Lane (1298-16)** Councilmember Evans motioned to amend the ordinance to include 8385 Durbin Lane, with a second by Councilmember Lamb. The amendment passed unanimously with all 11 members voting in favor: Bledsoe, J. Brown, Evans, Farmer, Gibbs, Higgins, Lamb, Moloney, Mossotti, Plomin, and Kay. **Amendment to Strike Prohibited Uses (1298-16)** Councilmember Farmer motioned to amend the ordinance to strike prohibited uses including churches, Sunday schools, and youth camps, with a second by Councilmember Bledsoe. The amendment passed on a roll call vote of 10-1. Voting in favor were: Bledsoe, J. Brown, Evans, Farmer, Gibbs, Higgins, Moloney, Mossotti, Plomin, and Kay. Councilmember Lamb cast the sole dissenting vote. **Final Zone Change Approval (1298-16)** Councilmember Plomin motioned for the zone change from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N), with a second by Councilmember Farmer. The final ordinance passed on a roll call vote of 10-1 with conditional zoning restrictions. The same voting pattern emerged, with Bledsoe, J. Brown, Evans, Farmer, Gibbs, Higgins, Moloney, Mossotti, Plomin, and Kay voting in favor, while Lamb again voted against the measure. All three votes involved the same ordinance number but addressed different aspects of the zoning change, with Councilmember Lamb being the only consistent opposition vote on the latter two motions. ## Contested Items The meeting featured one significant contested item that resulted in a split vote among council members. **Zone Change Ordinance Amendments** The primary point of contention involved proposed amendments to zone change ordinances, specifically regarding the removal of certain prohibited uses. The debate centered on an amendment to strike prohibited uses including Churches and Youth Camps from the ordinance language. This amendment generated significant disagreement among council members, ultimately resulting in a split vote of 10-1. The nature of the debate and the reasoning behind individual members' positions were not detailed in the available meeting materials, but the lopsided vote suggests that one council member held a substantially different view from the majority regarding the inclusion or exclusion of religious and youth facilities in the zoning restrictions. The amendment passed with the overwhelming support of ten council members, with only one member voting in opposition. This outcome effectively removed Churches and Youth Camps from the list of prohibited uses in the relevant zoning ordinance. *Note: Specific transcript timestamps are not available for this contested item discussion.* ## Second Reading of Amended Zone Change Ordinance The council conducted the second reading of Ordinance 1298-16, which proposes changing the zoning classification for 41.74 net acres from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N). The affected properties are located at 8291 & 8385 Old Richmond Road and 8385 Durbin Lane. The ordinance includes conditional zoning restrictions as part of the proposed zone change. Multiple council members participated in the discussion, including Vice-Mayor Kay, Evans, Farmer, Lamb, Moloney, and Mossotti. The Agricultural Natural Areas (A-N) zoning classification is designed to preserve agricultural land while providing additional environmental protections compared to the current Agricultural Rural (A-R) designation. This type of zoning change typically aims to balance development pressures with conservation goals in rural areas. The council ultimately approved the ordinance on second reading. As this was the second reading, the ordinance has completed the required legislative process and will take effect according to standard municipal procedures. The properties affected by this zoning change total 41.74 net acres and are situated in what appears to be a rural area of the jurisdiction, based on the Old Richmond Road location and current agricultural zoning. The conditional zoning restrictions attached to the ordinance likely specify particular limitations or requirements for future use of the properties under the new A-N classification. --- ## Decisions - **1298-16** — passed (11-0): Amend ordinance to include 8385 Durbin Lane - **1298-16** — passed (10-1): Amend ordinance to strike prohibited uses: Churches, Sunday Schools, and Youth Camps - **1298-16** — passed (10-1): Zone change from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N) --- ## Full transcript >> good afternoon. Welcome. I'd like to get started if we can. A special meeting of the urban county council second reading. First order of business is to call the roll. >> Ms. Plomin. >> yes. >> Ms. Scutchfield. >> yes. >> Mr. Stinnett. >> yes ma'am. >> Ms. Higgins. >> yes. >> Ms. Bledsoe. >> yes. >> Mr. Fred brown. >> yes. >> Mr. James brown. >> yes. >> Ms. Evans. >> yes. >> Mr. Farmer. >> yes, ma'am. >> Mr. Gibbs. >> yes. >> Ms. Henson. >> yes. >> Ms. Higgins. >> yes. >> vice mayor kay. >> yes. >> Ms. Lamb. >> yes. >> Mr. Moloney. >> yes. >> Ms. Mossoti. >> yes. >> Ms. Plomin. >> yes. >> Ms. Scutchfield. >> yes. >> Mr. Stinnett. >> yes ma'am. >> before I ask the clerk to give second reading in case people haven't been following this. this is not a regular meeting of the work session. This is a followup to a zone change hearing last thursday night and we had gotten to a point where we needed to do a re-reading, a new first reading of the proposed ordinance and scheduled a special meeting to have the second reading of the ordinance. So a continuation of that hearing. The hearing itself was closed. We are at the point where only council members are considered to be recognized for comments. If you would give us a second reading, please. >> motion to amend the ordinance before it receives second reading. >> before it receives second read snrg. >> correct. >> thank you. Council member evans. >> thank you, vice mayor. I move to amend ordinance number 1 to include the address of 8785 durbin lane. This is a material change that requires a new first reading. So moved. >> seconded. >> motion and second to amend to add that address. Any discussion on the motion? All those in favor please say aye. Opposed? Motion carries. We'll have the first reading of the motion as offended. Is there law? Before first reading? Council member farmer. >> am I correct that from thursday night's meeting, that there are seven types of uses that we took out, is that correct? In the way that it is couched today? There w that the council voted to exclude as permanent exclusions from this particular property in the a-n zone. Those that are in there that I think should remain based on commentary since then are cemeteries, creamer toes, mausoleums as one. Non-service facilities of public auto tilts and common carriers by rail including office garage and warehouse space as the second one. Third one outdoor rifle and other firing ranges and outdoor rodeos. Fourth being mining and/or quarrying of non-metallic objects and the fifth one being radio telephone and/or television transmitting or relay facilities. So for purposes of making the motion today, I would ask that we strike from the list of things that can't be had there one is churches, sunday schools and parrish houses and the second one is youth camps. So moved. >> second. >> motion and second to amend the ordinance as presently constructed. Discussion on the motion? Council member lamb. >> I just have to express my concern with these changes just because I just don't feel like that allowing these, removing these prohibited uses is a smart move for the environmentally sensitive area that we are talking about and I would like to urge my colleagues to think long and hard about this because once it's in there, it is do I change it so this is a serious change to it. I respect council member council member farmerrer's efforts to move forward with a change so that we can move forward with the zone change, but I do have strong concerns with removing these prohibited uses and I urge my colleagues to think really long and hard about that as well. Plus I believe that there is another option and that it's not the proper time to bring that while there is a motion on the floor, but I would like to have that opportunity after depending on what happens with this motion. Thank you. >> thank you. Council member mossotti. >> thank you vice mayor. I have a procedural question. Aren amendment. >> cowrnl ef's motion was to include the property address of durbin lane. Council member farmer's motion is to remove two of the conditions so it's two separate things. First reading will be for both things together. >> I guess my question is are she was making a motion to, because there was a change. So isn't that an amendment to the initial or our original motion because the original motion obviously didn't... >> no, because you've already acted on council member evans' motion so there is a second motion for you all to act on. >> can the law department give us advice as far as why we are amending this motion? Just want that for the record. >> council member evans made a motion to include the address durbin drive, which is what the material change which would require a new first reading. And so we'll have to do a first reading on that. Council member farmer is making a motion to remove two of the conditions which is also a material change that would require a first reading. So instead of doing two first readings the clerk will read it once giving it a new first reading with both of those changes. >> I guess I'm a little confused. >> vice mayor, May I... >> I yes, from the parliamentarian, council member lamb. >> and I apologize, I didn't hear everything you were saying because I was talking at the same time which I know is rude but... >> that's okay. >> my take on the situation right now, the reason that council member farmer's amendment would not be an amendment to council member evans' motion is because council member evans' motion has been made and voted on and that is off the table. Now what we have before us is council member farmer's motion which is separate. That's my. >> and I believe that's the advice we got from law. So that's... >> we said the same thing. >> all right. Cool. >> because I was listening to you and then... So it was a little difficult. Thank you. >> thank you. Council member moloney. >> I just want to say I'm going to support this motion for a couple of reasons. Originally when we did this, all these were in there. If we went ahead and that motion does not pass, planning commission would go on with these conditions in their and the one that I'm really concerned about is the quarry and I just I'm just hoping you stay there forever but I can't frm promise you that but whoever comes in there, I think, taking the quarry out is something very important to me because I know in my district what that does to the neighborhood, it does, especially the history of your place is bull down there. But understand these are conditions that have to go in front of a board of adjustment. I May not be here 30 years from now. And if it goes in front of a board of adjustment they have to go through the hearings, the signatures, for a church and activity youth activity, that's something 20 years from now that I think, I don't have a problem but the rest, a quarry, they have a lot of people with a lot of money, they can come in here and fight this. I support Mr. Farmer's motions so I hope my colleagues support it. I hope to see it taken out. >> council member farmer. >> thank you vice mayor just briefly the list I had read would be would not be possible in this zone. By leaving the churches, sunday schools parrishs and youth camps provides the opportunity for someone potential will I for this piece of property to pass for that use which would thn guarantee a hearing and a time and a place for folks not automatic thing it leaves those uses on the menu for options for this potentially in the future. >> a I ask a question regarding if these two issues were removed from poabted uses, May I ask the division of planning to explain the process that anybody, the owner of a property would have to go through in order for those prohibited uses for the churches, sunday schools and parrish houses an youth camps to be considered on that property. >> I think we can ask questions of law and if you think it's appropriate we can have a member of the planning staff also. Would you prefer... >> I would ask if. >> I would ask for Mr. Sahle to, please and thank you. >> good afternoon. If I understand the question, it is that if these two uses are removed from your ordinance they would still be probably future allowable conditional uses for this location if it were zoned a-n. The process that would be required of that would be an application to the board of adjustment which would require a public hearing at that body and they meet the last friday of every month most of the time so there would be notification and a public hearing before either of those uses would be possible at this location if they were removed from this list. >> just trying to make sure parliamentary procedures trying to be respectful. Is the notification process for the board of adjustment the same as for the planning commission as far as the certain radius and so forth and how does that work as it relates to out of county notification? Almost identical. Out of county is the same and radius is the same. What is different is supplemental notice. It's broader for conditional use than it is for zone change. It's almost twice the distance. It's up to one mile for conditional use. Only 2400 feet for zone change. >> thank you for your time. >> thank you vice mayor. >> thank you. I see no other speakers signed up. Iement going to resist the temptation to comment myself and call the vote electronically please. All in favor signify by saying yay. Opposed vote nay. Motion passes. That then requires a vote on the second reading with the two amendments. >> the clerk will now give it a new first reading. >> okay first reading as amended. >> ordinance as amended. Ordinance changing the zone from an agricultural rural a-r zone to an agricultural natural zone for... For property located at 8291 and 8385 old richmond road and 8385 durbin lane with conditional zoning restrictions boon creek properties L.L.C. District property 12. >> thank you. >> now I will entertain a motion to suspend the rules and give second reading. >> so moved. >> second. >> motion an seconded to suspend the rules and give second reading to the ordinance. Any discussion on the motion? >> council member lamb. >> I don't have a question on the motion. And yes, I'm going do this even though it might be out of order. Law department should she have not read it, should she have not added the word as amended at the end of that ordinance for first reading? To reflect the changes that we passed, prohibitive uses? >> I think it's fine. >> so the first reading reflected both of those amendments is that correct. >> correct because you are going to have on the record both of the motions made and passed and then the body of the ordinance is going to include the change but if you feel more comfortable adding as amended, you can but I think we both agree it's fine. >> I'm just speaking from a historical perspective which I cannot keep from doing that any time we amended anything in the body of it which would include prohibited uses, if we changed from what it had been prior, which we did, we read the ordinance to reflect as amended so I would feel more comfortable if it was read that way. >> nd again the ordinance and reflect it as amended. Ordinance changing the zone from an agricultural rural a-r zone to an agricultural natural zone 8291 and 8385 old richmond road and 8385 durbin lane with conditional zoning restrictions boon creek properties L.L.C. District property 12. I believe we nonetheless have a motion and second to suspend the rules and give second reading do we have to do it again. I need a new motion for a second to suspend the rules. >> so moved. >> second. >> motion and second to suspend the rules and give second reading. Is there any discussion on the motion? Seeing none, (All talking at once) Please say aye. Any opposed? I believe that reflects one no vote. That motion passes. We can have a second reading of the ordinance. Ordinance changing the zone from an agricultural rural a-r zone to an agricultural natural zone 8291 and 8385 old richmond road and 8385 durbin lane with conditional zoning restrictions boon creek properties L.L.C. District property 12. Council district 12. >> thank you. Motion to approval. Motion and second. Discussion on the motion? Please c >> Ms. Bledsoe. >> yes. >> Mr. Fred brown. >> yes. >> Mr. James brown. >> yes. >> Ms. Evans. >> yes. >> Mr. Farmer. >> yes, ma'am. >> Mr. Gibbs. >> yes. >> yes. >> Ms. Higgins. >> yes. >> vice mayor kay. >> yes. >> Ms. Lamb. >> no. >> Mr. Moloney. >> yes. >> Ms. Mossoti. >> yes. >> Ms. Plomin. >> yes. >> thank you very much. Vote reflects passage of the motion. Motion to adjourn. >> so moved. >> we stand adjourned. Five minute break and have the work session scheduled for this afternoon.