Urban County Council - Zone Change Public Hearing

Summary

Meeting Overview

The Lexington-Fayette Urban County Government met on January 19, 2017, at 7:01 PM in the Council Chambers in Lexington, KY, with Vice-Mayor Kay presiding. The meeting focused primarily on a single agenda item involving a zone change from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N), which received its first reading during the session. The council conducted 6 motions and votes throughout the evening while hearing from 12 members of the public who provided comments on matters before the body. The meeting represented a focused session with substantial public engagement on the zoning matter under consideration.

Attendance

The following members were present at the January 19, 2017 meeting:

• Kay
• Stinnett
• Bledsoe
• F. Brown
• J. Brown
• Evans
• Farmer
• Gibbs
• Higgins
• Lamb
• Moloney
• Mossotti
• Plomin

Absent: • Henson • Scutchfield

No members arrived late to the meeting. A total of 13 members were present and 2 members were absent.

Votes and Decisions

The council conducted six votes during the January 19, 2017 meeting, primarily focused on zoning matters and procedural issues.

Motion to Adopt Opposition's Findings of Fact Ms. Plomin moved to adopt the Findings of Fact proposed by the opposition with the conditional zone change preserved, seconded by Ms. Mossotti. The motion failed unanimously with 0 ayes and 13 nays. All council members voted against: Stinnett, Bledsoe, F. Brown, J. Brown, Evans, Farmer, Gibbs, Higgins, Kay, Lamb, Moloney, Mossotti, and Plomin.

Motion to Adopt Planning Commission's Findings of Fact Mr. Stinnett moved to adopt the Findings of Fact approved by the Planning Commission, as amended, seconded by Mr. F. Brown. The motion passed with 8 ayes and 5 nays. Voting in favor: J. Brown, Evans, Gibbs, Kay, Lamb, Moloney, Mossotti, and Plomin. Voting against: Stinnett, Bledsoe, F. Brown, Farmer, and Higgins.

Motion to Amend Ordinance with Conditional Zoning Restrictions Ms. Lamb moved to amend the ordinance to reflect the addition of conditional zoning restrictions, seconded by Ms. Evans. The motion passed with the same 8-5 vote split as the previous motion, with identical voting patterns.

Motion to Suspend Rules for Second Reading Ms. Lamb moved to suspend the rules and give second reading to the ordinance, seconded by Ms. Plomin. This motion failed, though specific vote counts were not recorded.

Motion to Schedule Special Meeting Ms. Lamb moved to schedule a special Council meeting at 3:00 p.m. on January 24, 2017 for the purpose of having a second reading of the ordinance, seconded by Ms. Bledsoe. The motion passed by majority vote, with Stinnett, Bledsoe, F. Brown, Farmer, and Higgins noted as opposing.

Motion to Adjourn Mr. Farmer moved to adjourn, seconded by Mr. F. Brown. The motion passed unanimously.

Public Comment

Twelve members of the public provided comments during the meeting, with the majority addressing concerns about a development plan and zone change proposal.

Three speakers voiced support for the zone change: • Mr. Van Meter Pettit spoke in support of the zone change • Ms. Sarah Brown spoke in support of the zone change • Mr. Brian Clark spoke in support of the zone change

Nine speakers expressed opposition to the development plan, though some clarified their position on the zone change itself:

• Mr. Don Todd noted that the Associations do not oppose the zone change itself, but do oppose the development plan
• Ms. Joan Mayer stated she was not opposed to the zone change but expressed concerns about the possibility of increased traffic on her property

Several speakers filed exhibits with their testimony: • Ms. Deborah Garrison spoke in opposition and filed exhibits related to emails and KRS100.212 • Ms. Melissa Brown, President of the Boone Creek Neighborhood Association, spoke in opposition and filed several exhibits • Dr. Lisa Gannoe spoke in opposition and filed several exhibits • Mr. Charles Martin spoke in opposition and filed several exhibits • Ms. Amy Clark spoke in opposition and filed speaking notes

Additional speakers in opposition included: • Mr. Jim Lurton, who spoke about the nature of the property • Mr. Walter Gaffield

The public comments revealed a clear division between those supporting the zone change and neighborhood residents and associations opposing the associated development plan. Several speakers took the time to submit written materials and exhibits to support their positions, indicating significant community engagement on this issue.

*Note: Specific timestamps were not available for the public comment portion of this meeting.*

Contested Items

The January 19, 2017 meeting featured one primary contested item that generated significant community debate.

Zone Change for Boone Creek Properties

The proposed zone change for Boone Creek Properties faced substantial opposition from local residents and neighborhood associations. The contentious nature of this item stemmed from community concerns regarding the development plan associated with the zoning request.

Neighborhood associations voiced their opposition to the proposed changes, though the specific details of their concerns and the exact nature of the development plan are not detailed in the available meeting materials. The opposition appears to have been organized, with multiple community groups participating in the discussion.

The disagreement centered on the zoning modification request, which would have altered the permitted uses or development standards for the Boone Creek Properties site. Community members and neighborhood associations expressed concerns about how the proposed development would impact their area.

*Note: Specific transcript timestamps, participant names, voting outcomes, and detailed discussion points are not available in the provided meeting materials for this contested item.*

Zone Change from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N)

The council considered Ordinance 1298-16, which proposes to rezone 41.74 net acres located at 8291 & 8385 Old Richmond Road from Agricultural Rural (A-R) to Agricultural Natural Areas (A-N).

Key speakers during the discussion included Ms. Traci Wade, Mr. Richard Murphy, and Ms. Sara Smith, though specific details of their presentations and comments were not captured in the available meeting materials.

The proposed zone change would affect properties at two specific addresses on Old Richmond Road, transitioning the land use designation from the current Agricultural Rural classification to the more restrictive Agricultural Natural Areas zoning. The A-N designation typically provides greater protection for environmentally sensitive areas and natural resources while still allowing limited agricultural activities.

The ordinance received its first reading during this meeting. As is standard procedure for zoning changes, the item will require additional readings and public input before final adoption. No specific concerns or opposition were documented in the available meeting materials.

The 41.74 net acres represents a substantial area for rezoning consideration, and the change from A-R to A-N zoning suggests the properties may contain natural features or environmental characteristics that warrant the enhanced protections provided under the Agricultural Natural Areas classification.

The ordinance will proceed through the standard legislative process, with additional opportunities for public comment and council deliberation before any final decision on the zone change request.