Planning and Zoning Committee

Agenda

1. Call to Order

   Chair Flood called the meeting to order at 1:03 p.m.

2. Roll Call

   Chair Flood introduced the committee members and non-committee members present. A quorum was established. *NOTE: All Committee members and non-committee members present attended virtually, except Chair Flood, Committee Member Hollander, Committee Member Triplett, Committee Member George, and Committee Member Engel, who attended in Chambers.

3. Special Discussion
4. Pending Legislation
5. 1. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 10410 AND 10414 OLD PRESTON HIGHWAY CONTAINING APPROXIMATELY 9.93 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0104). (AS AMENDED)
   Ordinance
   Action: recommended for approval

   A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). The following spoke to this item: - Chair Flood - Brian Davis - Committee Member Hollander The following was discussed: - Question about whether anything will be done to mitigate the traffic - The development plan does not include any additional traffic proposals - Question about who determines when a Global Outstanding Assessment (GOA) technical consultant will be contacted - Question about whether a traffic study was done - Question about whether a traffic signal will be installed in light of the State budget - Question about whether Old Preston Highway is now owned by Metro Government

6. 2. AN ORDINANCE AMENDING THE METRO LAND DEVELOPMENT CODE RELATING TO TRUCK PARKING REQUIREMENTS (CASE NO. 21-LDC-0010). (AS AMENDED)
   Ordinance
   Action: held

   This item was held in committee.

7. 3. A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE METRO LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO LEGISLATIVE BODY REVIEW OF COMMISSION ACTION ON DEVELOPMENT PLANS AND THE “TWO-YEAR RULE.”
   Resolution
   Action: held

   This item remained held in committee.

8. 4. AN ORDINANCE CREATING A NEW SECTION TO LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES (“LMCO”) CHAPTER 153 REGARDING THE EVIDENCE AND BASIS FOR DECISIONS OF THE LEGISLATIVE COUNCIL OF LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT IN ZONING CASES.
   Ordinance
   Action: held

   This item remained held in committee.

9. 5. A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE METRO LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO TREES AND TREE CANOPY (AS AMENDED).
   Resolution
   Action: recommended for approval Passed

   A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Resolution be recommended for approval. The following spoke to this item: - Council Member Winkler - Committee Member Hollander - Joe Reverman, Planning and Design Services - Committee Member Arthur - Committee Member George - Chair Flood The following was discussed: Council Member Winkler stated that when the Tree Ordinance was passed that Metro Council made a provision to exempt properties that were actively being developed. He also stated that Metro Council failed to account for infrastructure that was already partially developed, resulting in the undeveloped portions being subject to different requirements than the already developed ones. - Question about whether the Planning Commission should review and make adjustments - Question about what "pre-existing site" means - The preservation requirements exempt general plans and preliminary subdivision plans that were approved prior to the date of adoption - Question about whether Metro Council would know what sites are potentially going to be reduced or reversed for the tree canopy requirement - Question and concerns about tree canopy requirements for industrial and warehouse areas - "General Development Plans" are larger sites that show how the lot will be subdivided and where roads will be located - "Detailed Development Plans" are approved with the intent to pull permits The motion carried by the following vote and the Resolution was sent to Old Business:

10. 6. AN ORDINANCE CREATING A NEW SECTION TO LOUISVILLE/ JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES (“LMCO”) CHAPTER 153 REGARDING THE PROCESSING OF APPLICATIONS FOR ZONING MAP AMENDMENTS IF THERE ARE DELINQUENT TAXES OR VALID LIENS HELD BY LOUISVILLE METRO GOVERNMENT THAT ARE UNPAID (AS AMENDED).
    Ordinance
    Action: held

    This item was held in committee.

11. 7. AN ORDINANCE RELATING TO THE CLOSURE OF A PORTION OF THE RIGHT-OF-WAY OF FEGENBUSH LANE ADJACENT TO 5905 FEGENBUSH LANE CONTAINING APPROXIMATELY 3.87 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 22STRCLOSURE0004) (AS AMENDED).
    Ordinance

    A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). The following spoke to this item: - Chair Flood - Committee Member Engel - Committee Member Hollander - Brian Davis - Travis Fiechter, Jefferson County Attorney's Office - Committee Member George The following was discussed: - Question about the location of the right-a-way on the conceptual exhibit (see attached) - Question and concerns about whether Metro Government is giving the developer four acres of land without getting paid for it - Questions and concerns about the developers motivation to close the road - Concerns about there being no development plan - Question about whether it is unusual to close a right-a-way prior to getting a development plan - Question about whether the sell of a closed right-a-way is illegal under State law - The street closure is not connected to a rezoning - The land is now unused by Metro Government

12. 8. AN ORDINANCE RELATING TO THE CLOSURE OF A PORTION OF TWO UNIMPROVED ALLEYS ADJACENT TO 1391 DIXIE HIGHWAY CONTAINING APPROXIMATELY 2,250 SQUARE FEET EACH (4,500 SQUARE FEET TOTAL) AND BEING IN LOUISVILLE METRO (CASE NO. 22STRCLOSURE0007).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). The motion carried by the following vote and the Ordinance was sent to the Consent Calendar:

13. 9. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 2328 AND 2400 LOWER HUNTERS TRACE AND 2403 CADY COURT CONTAINING APPROXIMATELY 11.27 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0134). (AS AMENDED)
    Ordinance

    A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). The following spoke to this item: - Council Member Blackwell - Brian Davis - Travis Fiechter, Jefferson County Attorney's Office - Committee Member Triplett - Committee Member George - Committee Member Arthur - Committee Member Hollander - Chair Flood The following was discussed: - Concerns about the traffic flow in the area - Questions and concerns about transitioning from single family homes to three-story apartments - Questions and concerns about the density in the area - Questions about the length of the turn lane - The length of the turn lane is 75 feet - Question about whether the fence would be on the Cady Drive side - Question about whether the fence would keep Shacklette Elementary School seperated - Questions and concerns about the property density and size - Question about whether there is an entrance to the development from Cady Court - The development has two egress points to it - Concerns about crime and section-8 in the area - Homeowners' are concerned regarding property value in the area

14. 10. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 1203 PAYNE STREET CONTAINING APPROXIMATELY 0.11 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0068).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). Committee Member Hollander spoke on this item and stated he was in support of this zoning change. The motion carried by the following vote and the Ordinance was sent to Old Business:

15. Adjournment

    Without objection, Chair Flood adjourned the meeting at 2:39 p.m.

16. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on May 19, 2022.
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18. Non-Committee Member(s)

    Council Member Angela Bowens (D-1), Council Member Rick Blackwell (D-12), and Council Member Markus Winkler (D-17)

19. Clerk(s)

    Cheryl Woods, Assistant Clerk Sonya Harward, Clerk

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22. 1. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 10410 AND 10414 OLD PRESTON HIGHWAY CONTAINING APPROXIMATELY 9.93 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0104). (AS AMENDED)
    Ordinance
    Action: tabled

    A motion was made by Chair Flood, seconded by Committee Member Triplett, that this Ordinance be tabled. The motion to table carried by a voice vote.

23. 9. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 2328 AND 2400 LOWER HUNTERS TRACE AND 2403 CADY COURT CONTAINING APPROXIMATELY 11.27 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0134). (AS AMENDED)
    Ordinance
    Action: tabled

    A motion was made by Committee Member Arthur, seconded by Committee Member Hollander, that this Ordinance be tabled. The motion to table carried by a voice vote.

24. Support Staff

    Travis Fiechter, Jefferson County Attorney's Office

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26. 7. AN ORDINANCE RELATING TO THE CLOSURE OF A PORTION OF THE RIGHT-OF-WAY OF FEGENBUSH LANE ADJACENT TO 5905 FEGENBUSH LANE CONTAINING APPROXIMATELY 3.87 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 22STRCLOSURE0004) (AS AMENDED).
    Ordinance
    Action: tabled

    A motion was made by Chair Flood, seconded by Committee Member Hollander, that this Ordinance be tabled. The motion to table carried by a voice vote.

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