The Spencer County Fiscal Court on Dec. 1 amended action on a controversial rezoning request to ask planning and zoning for a targeted finding on whether Kentucky Transportation Cabinet (KYTC) approval of a commercial entrance is required before a land-use change.

The case involved two small parcels owned by Norman Harden seeking conversion from AG‑1 (agricultural) to B‑2 (general commercial). Planning staff told the court it had recommended denial, citing open questions about driveway/entrance access and state-transportation permitting. Commissioners debated whether the KYTC must first approve a commercial entrance and whether the applicant had provided a sufficient development plan.

“To deny it but also that the, all fees that was applied to it could be used later if they want to reapply,” a commissioner said during discussion, and another commissioner proposed a narrower approach: rather than final denial, send the matter back to planning and zoning to obtain specific facts and findings addressing whether KYTC approval is a prerequisite.

Commissioner Jim moved to amend the motion so the court would request specific facts and findings from planning and zoning about KYTC entrance requirements; the amendment was seconded and carried on a recorded voice/roll-call vote of 6–0. The judge said this step would not discard prior work but would allow the court and planning commission to get a clearer, legally informed path forward.

The proposal drew comments from an audience member who said the property owner would pursue all legal remedies if officials infringed property rights. Bobby Smith, during public comment, warned: “You all vote the way you wanna vote and I’ll do what I have to do,” and asked that his letter be entered into the public record.

What’s next: Planning and zoning will be asked to return with targeted findings about whether KYTC approval of a commercial entrance is required before a rezoning decision; the court’s action preserves the applicant’s paid fees so a subsequent application would not require a new fee payment if the applicant chooses to reapply.

Provenance: Planning & zoning presentation and the amendment appear in the meeting record beginning with the second‑reading introduction for Harden’s request and continuing through the amendment and roll call (topic introduction SEG 267; topic finish SEG 714).