Boone Fiscal Court considers new procedures for ordinances relating to zoning changes


By Patricia A. Scheyer
NKyTribune reporter

Boone County Judge Executive Gary Moore prefaced the regular meeting of the Boone County Fiscal Court last week by explaining that they are trying out a new procedure when it comes to ordinances containing zoning changes.

“We will have a presentation, we’ll have discussion with the community, on each item, along with the commissioners and staff,” Judge Moore. “If, for some reason, the majority of the fiscal court, the commissioners and I, feel like we’re not ready to do the first reading yet, we can table that and delay it to the next meeting or a future meeting. Our county attorney, Jordan Turner, and my office have come up with this procedure.”

Judge Executive Gary Moore explained the new procedure for zoning changes. (Photo by Patricia Scheyer/NKyTribune)

He said those ordinances that have a first reading which will change zoning maps in some way will have a presentation at the beginning of the meeting. The applicant for the zoning change will present their case, and if there is any opposition, from companies or residents, they will have a chance to talk. If the commissioners want to proceed with the first reading after they have listened to everyone, they can proceed with the first reading.

“My recommendation would be to have the staff continue to come and present like they always do, and put it under the presentation part of the agenda,” County Attorney Jordan Turner explained, reviewing and repeating some of what the Judge said. “After the staff presents we would open it up again, like we always have, for an argument style hearing where we hear from both sides; we want to keep that consistent with the record that has already been established by the planning commission. After that point of our meeting closes, after discussion from proponents and opponents, closes, we basically need the court to direct the staff which way they would like to go.”

If there appeared to be a problem, such as not enough information, or questions that the applicant cannot, or had not, answered to the satisfaction of the commissioners, a new public hearing can be requested.

Commissioner Chet Hand had objected in the past to business as usual in the approval of ordinances with zoning changes, because he had stated that if the Planning Commission approved a project with conditions, and one of those conditions, for instance, demanded that a traffic study be conducted, he said he would like that study to have been completed before the first reading of an ordinance, so the commissioners would be able to view the results of the study before voting on the ordinance.

At this meeting there were three ordinances containing zoning changes, which were all approved unanimously by the Planning Commission, some with conditions.

The first was a request for a zoning map amendment from Rural Suburban to Industrial One for a one acre tract of land located at 5460 to 5468 Limaburg Road. That one acre is adjacent to a 27.4 acre tract which is already zoned Industrial One, and the applicant would like the extra acre to be in the same zone.

County Commissioners Cathy Flaig, Chet Hand and Jesse Brewer were split on authorizing a new public hearing but the motion passed. (Photo by Patricia Scheyer/NKyTribune)

The second was a request for a zoning map amendment from Agricultural Estate to Industrial One for a 3.58 acre tract of land located along the northeast side of Dolwick drive at the Boone/Kenton border line. They also want a variance to reduce the minimum required landscape buffer yard, on the same 3.58 acres, from 80 feet to 47.2 feet.

The third was a request for a zoning map amendment from Rural Suburban Estates/Planned Development and Suburban Residential One to Rural Suburban/Planned Development for a 50.78 acre tract of land along the north side of Burlington Pike, between Main Street and Caroline Williams Way. The applicant also wants the same zone change for a .76 acre piece of land located at 6539 and 6540 Hammer court in Burlington.

After listening to the first and the third applicant requests, Commissioners indicated that they were willing to proceed with the first readings of the ordinances.

The second request, however, took a great deal of time, with the applicant speaking, and then the opposition protesting, and three different people spoke in opposition.

Since both sides said that a portion of information should have been considered on the record, things seemed fairly clear to the court.

“One thing I noticed in the record here was that Mr Smith, the applicant, actually wanted to include a presentation with more information but wasn’t allowed to do so because it wasn’t on the record,” said Commissioner Hand. “We also have the opposition that wants to include more information on the record that’s not part of the record. I think we have a great test case for doing a public hearing right now. I’d like to see both of those items on the record to hear what the opposition wants and what the applicant wants.”

Hand also wanted to see more about the previous hearing in 2011 where the fiscal court overturned the recommendation of the Planning Commission on virtually the same issue from this company.

Judge Moore said December 5 was the end of the 90 days that they have to act on the issue, but there is a fiscal court meeting on December 5 at 8:30 a.m. County Administrator Matthew Webster said there won’t be a problem with the timing of the 90 days.

Judge Moore also said that this was new territory for the court, and Commissioner Cathy Flaig concurred. He stated that it is a unique situation.

When it came time to vote to table the first reading and hold a new public hearing, Commissioner Flaig voted no, and Commissioner Brewer, Commissioner Hand, and Judge Moore voted yes.

From the discussion, it appears they will try to set the new public hearing for November 14, at the beginning of the regular meeting, but that was not set in stone, and CAO Webster said they will advertise the time when it is set, according the law.


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