Richmond commission adopts resolution recording withdrawal of Amberly Way rezoning request

The Richmond City Board of Commissioners on June 24 adopted Resolution 26-01 to record final action after counsel for Richmond Place LLC withdrew a request to rezone about 21.863 acres along Amberly Way to B3 (highway business).

The board’s action acknowledges the applicant’s written withdrawal but finds that a unilateral withdrawal does not constitute the board’s statutory “final action” under Kentucky law. The resolution rejects the planning and zoning commission’s recommendation to the extent the rejection is based on the applicant’s voluntary withdrawal and declares the resolution the board’s final action on the pending zoning map amendment.

The city attorney told the commission that state law requires the local legislative body to take explicit final action within 90 days or the planning commission’s recommendation may become final by operation of law. The attorney said the resolution gives the city a clear record of the board’s position and protects residents from a technical lapse that could allow the rezoning to take effect without a local vote.

The written withdrawal was submitted by Preston C. Worley, counsel for Richmond Place LLC, to City Manager Rob Minrich, the attorney noted. Commissioners discussed how the two-year moratorium in KRS 100.213(2) applies when a board takes a denial versus when an applicant voluntarily withdraws; the attorney and staff said a withdrawal alters the moratorium application but that the board still must take final action in the 90-day period.

After a motion to bring the resolution to the floor (mover not specified in the public record) and a second (recorded as Commissioner Newbie), the clerk recorded votes in favor by Commissioner Newbie, Commissioner Brewer, Commissioner Cole and Mayor Ble. The vote carried and the resolution was adopted; the pending ordinance tied to the public hearing was removed from the night’s docket.

Residents who had planned to address the hearing were allowed to speak for the record. Speakers including Richard Douglas Brown (149 Castlewood Drive), Penny Frederick (101 Castlewood), Joe Shum (Amberly Way), Ed Brown and Diana Botner told commissioners they opposed a zoning change to B3 for the Amberly Way parcel, citing traffic, pedestrian safety, neighborhood compatibility and potential property-value impacts. Richard D. Brown said the applicants offered no specific development plan and urged the commission to preserve the existing B1/P1 transition zoning buffer.

What happens next: the applicant may refile a new zoning application starting at the planning and zoning commission if and when it chooses; staff and the attorney said any resubmission would return to the planning commission for full review and a new record.

Resolution 26-01 and the statements made at the meeting are part of the public record; the planning commission’s earlier reconsideration (May 14, 2026) and the statutory citations referenced by the city attorney (KRS 100.21, KRS 100.3475, and KRS 100.213) were cited during the discussion.