# General Government and Planning Committee - February 14, 2023 > Auto-transcribed civic record · February 14, 2023 - **Permalink**: https://meetings.lexingtonky.news/meeting/5760 - **Source video**: https://lfucg.granicus.com/player/clip/5760?view_id=14&redirect=true - **Date**: 2023-02-14 - **Last revised**: February 14, 2023 - **Length**: 1,558 words > ⚠️ **Auto-generated content.** Audio from the official Granicus video was auto-transcribed with OpenAI's open-source Whisper large-v3-turbo model, run locally by The Lexington Times. Structured facts were extracted with GPT-4o; the narrative summary was written by Anthropic Claude. Verbatim wording may contain errors. See [methodology](https://meetings.lexingtonky.news/about/methodology) or [report a correction](mailto:editor@lexingtonky.news). --- ## Meeting Overview The General Government & Planning Committee convened on February 14, 2023, at 1:00 PM with P. Worley presiding as the meeting officer. The committee addressed three agenda items during the session, focusing primarily on zoning and administrative matters. The main substantive action taken was the approval of PLN-ZOTA-22-00015 Intents ZOTA, a zoning ordinance text amendment. The committee conducted four votes throughout the meeting and heard no public comments during the session. Additional agenda time was dedicated to committee announcements and reviewing items referred to the committee for future consideration. ## Attendance All members were present for the February 14, 2023 meeting. **Present:** • P. Worley • K. Plomin • D. Wu • J. Brown • C. Ellinger • S. Lynch • H. LeGris • L. Sheehan • W. Baxter • J. Reynolds **Absent:** None **Late:** None ## Votes and Decisions The committee took four votes during the February 14, 2023 meeting, all conducted by voice vote and all passing unanimously. **Zoning Ordinance Text Amendment Language** [timestamp: 00:00] The committee voted to add language to a zoning ordinance text amendment. The motion passed by voice vote with no opposition recorded. **Committee Approval for Zoning Amendment** [timestamp: 00:00] A second motion was made to move the zoning ordinance text amendment out of committee with approval to the full council. This motion also passed by voice vote. **Rules Suspension for Immediate Reporting** [timestamp: 00:00] The committee voted to suspend the rules and report the zoning ordinance text amendment out immediately rather than following the standard timeline. The motion passed by voice vote. **Removal from Referral List** [timestamp: 00:00] The final vote concerned removing an item that had been placed on the referral list by Councilmember Lamb. The motion to remove this item passed by voice vote. All four motions were conducted as voice votes rather than roll call votes, so individual member positions were not recorded. No opposition, abstentions, or conditions were noted for any of the votes. The specific names of the members making the motions and providing seconds were not captured in the meeting record. ## PLN-ZOTA-22-00015 Intents ZOTA [timestamp: 00:00] The council discussed PLN-ZOTA-22-00015, a zoning ordinance amendment focused on modernizing the intents section of zoning categories. J. Reynolds served as the key speaker for this agenda item. The proposed ordinance centers on updating and clarifying the language within the intents sections of various zoning categories without introducing new permitted uses. This modernization effort aims to improve the clarity and readability of existing zoning regulations while maintaining the current scope of allowable activities within each zoning district. The discussion emphasized that this amendment represents a technical update rather than a substantive policy change. The intent is to ensure that zoning language is more accessible and understandable to both city staff and the public, while preserving the existing regulatory framework. The council approved the ordinance amendment, indicating consensus that the proposed language improvements would benefit the administration and interpretation of zoning regulations without altering the fundamental character or permitted uses within the affected zoning districts. This type of zoning text amendment reflects ongoing municipal efforts to maintain current and effective land use regulations through periodic updates to improve clarity and eliminate potential ambiguities in zoning code language. ## Committee Announcements [timestamp: 00:00] During the Committee Announcements portion of the February 14, 2023 meeting, P. Worley led a discussion regarding the formation of new subcommittees to address key operational areas. The primary focus of the announcements centered on establishing two specific subcommittees: • **Public Input Subcommittee** - This subcommittee would be tasked with developing processes and procedures for gathering and incorporating public feedback into the committee's work • **Council Rules Subcommittee** - This subcommittee would focus on reviewing and potentially revising existing council rules and procedures P. Worley presented these subcommittee proposals as part of the committee's ongoing organizational efforts. The discussion was informational in nature, with the announcements serving to inform committee members about the planned subcommittee structure and their respective areas of responsibility. No specific timeline was provided for when these subcommittees would be formally established or begin their work. The agenda item concluded without any formal action being taken, as this was designated as an informational discussion rather than a decision-making session. The formation of these subcommittees appears to be part of a broader effort to enhance the committee's operational effectiveness and public engagement capabilities. ## Items Referred to Committee [timestamp: 00:00] The committee reviewed items that had been referred for consideration. P. Worley served as the key speaker for this agenda item. The discussion included the removal of an item that had been previously placed on the committee's agenda by Councilmember Lamb. The specific details of the removed item and the reasons for its removal were part of the committee's review process. This was an informational item that allowed the committee to maintain awareness of their current workload and any changes to previously scheduled business. The review of referred items helps ensure proper tracking and management of the committee's agenda and responsibilities. The outcome was informational, with no formal action taken during this portion of the meeting. --- ## Decisions - **Motion** — passed (0-0): Add language to the zoning ordinance text amendment - **Motion** — passed (0-0): Move the zoning ordinance text amendment out of committee with approval to the full council - **Motion** — passed (0-0): Suspend the rules and report the zoning ordinance text amendment out today - **Motion** — passed (0-0): Remove an item placed by councilmember Lamb from the referral list --- ## Full transcript Music Thank you. Thank you. Thank you. Thank you. Any discussion, changes, concerns? Hearing none, all those in favor say aye. Aye. Any opposed? Hearing none, that passes. Next item is the ZOTA for the intense number two. I will turn this over to Council Member Reynolds here shortly, but if you'll remember, Council Members, we had a presentation on this last month. There were several questions. There were some items missing in the packet versus the presentation given, And so we ask that this be brought back up again this month, and hopefully everybody will have an opportunity to get their questions answered or get them answered today. So, Council Member Reynolds. Thank you, Chair, and thank you so much to Planning for being willing to come up and kind of clarify some things. So I had quite a few folks reach out to me and just express their concerns for the intents, especially related to R2. And so I was just hoping that you could kind of clarify today what is happening and what is not happening. Thank you very much. This text amendment is really focused on the modernization of the intense section of each of the zoning categories. This does not add any new uses to any zoning categories, but it does update the connection between the comprehensive plan and the zoning ordinance, specifically during the zone change process. For the R2 zone, what this is really doing is just clarifying and modernizing that language. It does not add any uses, nor does it prohibit any uses that are currently allowable in the zone. Some of the added language does allow for some greater understanding about what is currently allowed. Not adding in the future or not reviewing anything that would be new to the zone, just what is currently allowed within the zone and making connections to the current comprehensive plan. Thank you. So we're not changing the R2 zone. We're just explaining right now what it already does. That is correct. Thank you for that clarification. Colleagues, if you have questions, I invite you to log in. I don't see any questions. Council members, if I could point you to page 45 in the packet. This is where a red line of the actual proposed changes to the zoning ordinance text that this ZODA would accomplish and that we would be moving forward. If I could point you to a paragraph that I ask the Department of Law and Planning to write up and add in the interpretation section, where it says the intent section preceding each zoning category is to clarify the application of the comprehensive plan during the establishment of the zone and provide additional guidance for consideration. Such intent section is neither exhaustive nor preclusive of any specific provision in each zoning category. If you'll remember, the questions that I asked last month were twofold. One, if this is meant to be a guide back to the comprehensive plan, which is not a binding document, but just a guide, if we codify those sort of guiding languages, then are we making them mandatory? And the opinion I got from law was no, but if we want some language that makes it more clear what we're doing here, this would be an appropriate way to do it. And then second, some of the intent sections listed out certain uses within that zone, but they were not exhaustive. And so I wanted to make sure that we didn't get into an argument where somebody says, well, the legislative body made a list, and they didn't include something, so they didn't intend to put it in there. And so instead of going through each individual zoning category and making sure that the including but not limited to, and this is just a guide language, it was laws thought that the best way to do that is in the interpretation section of the zoning ordinance to add this statement about the intents. So without turning over the chair unless I need to to make a motion, if that is in agreement with everyone and everyone thinks that that's appropriate, then the chair would entertain a motion to add that to the recommended ZODA that came to us from planning. Second. Second. Thank you. We have a motion to second. All those in favor? I've got a question, Chair. Sorry. Council Member Brown. Thank you, Chair. I just want to reach out to Director Duncan. So this language you got, Council Member, came from the Law Department to address your concerns? That's correct. Okay. Director, do you have any issues with this language, and does it do anything to interfere with the intent of the Intent Zota or anything with the Comprehensive Plan? No, sir, Mr. Brown. We work closely with law, and we believe this enhances the language of the ordinance, And we also concur that by putting it in the interpretation section, that makes it a more efficient application. But it does not in any way impede future work of the comprehensive plan or any of the zoning ordinance. Okay. All right. Thank you. Thank you, Chair. Thank you. The motion to second to add this language to the zoning orders text amendment is on the table. All those in favor? Aye. Any opposed? Thank you. Now turn it back to Councilmember Reynolds. What's your pleasure regarding the item in general? Would you like to move it forward? I think we can move it forward. I just want to state that I know that there's talk of other things coming down the line that might make a change to R2 and maybe even other zones. And I just want to state that as council, we would like a heads up on that and to be fully educated on that before it comes before us. But I'm ready to move this forward. Thank you, Council Member. Then the Chair would entertain a motion to move this item out of committee with approval towards the full Council. So moved. Motion is second. Is there any discussion? Hearing none, all those in favor? Any opposed? That motion passes. Then I leave the committee's pleasure as to whether they want to wait for the normal course and that to be reported out in March or whether we would like to have a motion to have that reported out today. I don't think that planning seemed to think it was entirely time sensitive, but they did want to move it forward, and we kind of promised them that when we put it into committee last month. Chair, I would make a motion to spin the rules and give second reading. Is it a suspension of the rules, or is it just to give it a second? To have it reported out today. To have it reported out. Second. Our motion is second to have this item reported out with the committee summary work session today. Any discussion? All those in favor? Any opposed? Thank you. We'll report that out today. All right. The next item on our agenda are committee announcements. If you'll remember, we have two items that were referral items that we decided to handle as subcommittees. After discussion with the vice mayor and the law department and the various staff folks, we thought that subcommittee as opposed to task force or working group was the best way. So the first I want to address is the public input committee that's going to discuss and bring stakeholders in to talk about how we address public comment in our meetings. And so that group will be chaired by Council Member Legree, and also serving on that will be Council Member Ellinger, Council Member Lynch, Council Member Plowman, Council Member Sheehan, and Vice Mayor Wu. I just want to make that formal subcommittee, creation of that subcommittee right here. And then the next is just the council rules committee. And while the public comment may ultimately be merged into a council rule, it's not necessarily that way. And our council rules need addressing otherwise. So that committee will create that right subcommittee right now. And that will be chaired by Council Member Baxter. Serving on that committee will also be Vice Mayor Wu, Council Member Reynolds, Council Member Ellinger, and Council Member Lynch. So thank you to all the Council Members that are willing to do that. The next item is items referred to committee with our back page. And I think we addressed all these last month, but there is one that Council Member Lamb had placed in committee, number two, that no one came forward to pick that up. or decide exactly how they wanted to proceed with that. So unless someone is wanting to take that on, I would entertain a motion to remove that from the referral list. So moved. I have a motion. Do I have a second? Second. Motion is second. Is there any discussion? All those in favor, please say aye. Any opposed? Thank you. We'll remove that item from the committee. currently. With that, I think that everything else we addressed last month and we'll continue moving forward. Council members, thank you. That's the end of our agenda. We stand adjourned. I'm going to go to the next video.