# Special Urban County Council Meeting - August 19, 2008 > Auto-transcribed civic record · Council · August 19, 2008 - **Permalink**: https://meetings.lexingtonky.news/meeting/573 - **Source video**: https://lfucg.granicus.com/player/clip/573?view_id=14&redirect=true - **Date**: 2008-08-19 - **Body**: Council - **Last revised**: March 2, 2026 - **Length**: 1,138 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed by OpenAI Whisper-1. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude Sonnet. Speaker labels and verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The Lexington-Fayette Urban County Government Council convened on August 19, 2008, at 6:00 P.M. in Lexington, Kentucky, with Council Member Ellinger presiding over the session. The meeting focused on a single agenda item involving a zoning change ordinance that would reclassify certain properties from P-1 to B-2A and from R-3 to B-2A zones. During the proceedings, the Council heard one public comment and conducted one official vote on the proposed zoning ordinance. The primary business of the evening was successfully completed when the Council approved the ordinance changing the zone classifications as proposed. The meeting represented a focused session addressing specific zoning matters affecting the urban county's land use planning and development regulations. ## Attendance The Council meeting on August 19, 2008 had 11 members present and 4 members absent. **Present:** • Ellinger • McChord • Myers • Stevens • Stinnett • Beard • Blevins • Blues • Crosbie • DeCamp • James **Absent:** • Gorton • Gray • Henson • Lane No members arrived late to the meeting. ## Votes and Decisions The Council took one recorded vote during the August 19, 2008 meeting. **Zone Change Ordinance - 522-528 East Main Street and 109 Kentucky Avenue** Council Member DeCamp moved to approve an ordinance changing the zoning from Professional Office (P-1) to Downtown Frame Business (B-2A) for properties located at 522-528 East Main Street and 109 Kentucky Avenue. The motion was seconded by Council Member McChord. The ordinance passed unanimously on a roll call vote with 11 ayes and 0 nays. All present council members voted in favor: - McChord - Myers - Stevens - Stinnett - Beard - Blevins - Blues - Crosbie - DeCamp - Ellinger - James The zone change approval was subject to certain use restrictions imposed as conditions of granting the zone change, though the specific restrictions were not detailed in the available meeting data. ## Public Comment During the public comment period, one speaker addressed the Council regarding a zoning matter. Rush Scott spoke to confirm that an agreement had been reached with the applicant regarding a zone change issue. Scott stated that due to this agreement, she was withdrawing her previous objection to the matter. No additional details were provided about the specific nature of the agreement or the zone change in question. No other members of the public provided comments during this portion of the meeting. *Note: Specific timestamps were not available for this public comment period.* ## Contested Items The Council meeting on August 19, 2008, featured one contested item that generated community opposition before ultimately being resolved. **Zone Change for 522-528 East Main Street and 109 Kentucky Avenue** A proposed zone change for properties located at 522-528 East Main Street and 109 Kentucky Avenue initially faced opposition from a neighboring resident. Rush Scott, a neighbor to the proposed development, raised concerns about the zoning change request. The nature of Scott's specific objections was not detailed in the available meeting materials, but the opposition was significant enough to require direct negotiation between the concerned neighbor and the property applicant. Through discussions between the parties, they were able to reach a mutually acceptable agreement that addressed Scott's concerns. Following the resolution of the neighbor's opposition through this private agreement, the contested nature of the item was resolved, allowing the Council to proceed with consideration of the zone change request without further community opposition. The successful resolution of this dispute demonstrates how direct communication between applicants and concerned neighbors can often address zoning concerns before they require extensive Council intervention or public hearings to resolve conflicts. ## Ordinance changing the zone from P-1 to B-2A and R-3 to B-2A The Council considered an ordinance to rezone certain properties from P-1 (Public) and R-3 (Residential) to B-2A (Downtown Frame Business) zone, subject to use restrictions. Key speakers during the discussion included Hugh Bennett, Roland Vaughn, Dick Murphy, and Rush Scott, who presented information and participated in the debate regarding this zoning change. The ordinance would establish Downtown Frame Business zoning for the affected properties, which typically allows for commercial uses that complement downtown business districts while maintaining compatibility with surrounding areas. The B-2A designation includes specific use restrictions to ensure appropriate development standards. The Council ultimately approved the ordinance, allowing the zoning change to proceed as proposed. *Note: Specific transcript timestamps are not available for this agenda item.* --- ## Decisions - **Motion** — passed (11-0): An Ordinance changing the zone from a Professional Office (P-1) zone to a Downtown Frame Business (B-2A) zone for properties located at 522-528 East Main Street and 109 Kentucky Avenue. --- ## Full transcript Mr. McCord? Here. Mr. Myers? Here. Dr. Stevens? Present. Mr. Stennett? Yes, ma'am. Mr. Beard? Present. Mr. Blevins? Here. Mr. Blues? Here. Ms. Crosby? Here. Mr. DeCamp? Here. Mr. Ellinger? Here. Ms. Gorton? Mr. Gray? Ms. Henson? Ms. James? Here. And Mr. Lane? Thank you. We have a quorum at this point. What would be the proper procedure, counsel? Because we have had the two parties have come with an agreement on what they want to do, so what would be the proper procedure? I think that there are no other people in the opposition here to speak, are there? Seeing none. I think it would be appropriate for you to go ahead and announce the agreement concerning procedure, have both parties on the record indicate that that is what they had agreed to, and then proceed. You'll need to swear the witnesses in. That will be the next step after you do that. Okay. If anybody is going to speak, would they please stand up? Chuck, hang on. Council Member Ellinger, hang on just a second. We've got to do the second reading of the ordinance. Okay. If you would, please do second reading. Thank you. Ordinance number one, an ordinance changing the zone from a professional office P1 zone to a downtown frame business B2A zone for 0.16 net, 0.19 gross acre and from a planned neighborhood residential R3 zone to a downtown frame business B2A zone for 0.24 net, 0.42 gross acre for properties located at 522 through 528 East Main Street and 109 Kentucky Avenue, subject to certain use restrictions imposed as conditions of granting the zone change, Hugh Bennett and Roland Vaughn. At this point, is there anybody who is going to be speaking? If they would, please stand, raise your right hand and be sworn in. Yes, please. Do you swear to tell the whole truth, none but the truth? I do. Thank you. At this point, if we could have the council come up here and explain to the audience and the council what you all have decided, please. Thank you, Mr. Ellinger. I'm Dick Murphy. I represent the applicant on this case and we had, as you saw, prior to the meeting start, we had some discussions. Rush Scott is here, who is a next door neighbor. She and her father had objected at the planning commission hearing. We talked to them and reached an agreement that we'll terminate proceedings in this and you all would go ahead and give approval to the zone change. It will involve us filing a variance at the Board of Adjustment and some other matters, which we've reached an agreement between ourselves on. So, at this point, I think it's appropriate for you all to take a vote. Ms. Scott may want to stand up and confirm here if she wants to on that, but we have reached an agreement here. Would you like to give your name and address and affirm? My name is Rush Scott. I live at 113A Kentucky Avenue, the property adjacent to the proposal. I confirm everything that Mr. Murphy has just previously stated. Thank you. Are there any discussion from council members? Mr. Blevins? So, there's no need to adjust the findings of fact or anything from the planning commission. We're going to approve it as is. I just want to make sure you understand this is your last chance to get any of this into the record and if we do what I just said, they can walk out without doing anything that they've agreed to, at least is the way I read it. Are you sure that's what you want to do? The only thing we can bind them with is what we do is any parts of conditions on this zone change hearing tonight unless you all have something in writing or some other agreement. And I'm not saying that Mr. Murphy would do that. I'm just saying this is what you're walking away from. If you would just come to the mic, please, just for the record, I'm sorry. I am aware, thank you. Mr. Murphy and I have agreed and understand fully. Thank you. Is there any other council members? At this point, Commissioner, I ask you, would they go ahead and do the findings of fact then? I want to make sure I understand. Is the appeal, Dick, being withdrawn? As I understand, that's what the agreement is? Yes, the appeal is being withdrawn and so I think you can just take your vote on an ordinance as on any other case where you don't have a hearing on it. So, Ms. Scott, you're waiving your right to a public hearing and you're satisfied with the recommendation of the Planning Commission? Based on what Mr. Murphy and I spoke about, we will be filing and so what is this that we are going to be doing? A variance request. With the variance request, that will meet certain obligations. Yes. So you're withdrawing? Based on that and based on what we have talked about, I do withdraw. Okay, very good. Mr. DeCamp? Mr. Chairperson? Okay, I'm sorry. Yeah, I think it would be appropriate, Council Member DeCamp, based on what was just testified to, that you all can go ahead and approve the ordinance at this point. Right, I make a motion that... I'm sorry, the findings... Well, actually, you're adopting the recommendation of the... Right, so we don't have to do the findings, in fact. I believe that would be correct. You're simply adopting the recommendation of the Planning Commission. I make a motion that we adopt the findings, which are in front of us, that have been forwarded by the Planning Commission. We have a motion and a second. Any discussion? Could you take the vote, please? Who seconded that, please? Mr. McChord? And the motion was again to... Would you restate the motion, Mr. DeCamp? To approve this zone forwarded from the Planning Commission. Okay, Mr. McChord? Yes. Mr. Myers? Yes. Dr. Stephens? Aye. Mr. Stennett? Yes, ma'am. Mr. Beard? Aye. Mr. Blevins? Aye. Mr. Blues? Yes. Ms. Crosby? Yes. Mr. DeCamp? Yes. Mr. Ellinger? Yes. Ms. James? Yes. I believe that is everybody. That is passed. Do I have a motion to adjourn? Before you do, I want to apologize to everyone here about the Law Department not having a representative here this evening. I'm very, very sorry for the confusion and the delay that you all experienced. Thank you. There was actually a miscommunication because it wasn't on our work docket, so I'm sure there was some confusion on that. We apologize to everybody who's been waiting around in the audience, too, for not being here and not starting on time. But thank you, and we are adjourned.