Planning and Zoning Committee

Agenda

1. Call to Order

   Chair Flood called the meeting to order at 1:01 p.m.

2. Roll Call

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

3. Pending Legislation
4. 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: untabled

   A motion was made by Committee Member Triplett, seconded by Committee Member Hollander, that this Ordinance be untabled. The following spoke to this item: - Chair Flood - Travis Fiechter, Jefferson County Attorney's Office - Joe Reverman, Planning and Design Services The following was discussed: - Questions and concerns regarding the Karst Report not being completed - Concerns about the traffic at the Gene Snyder intersetction - Questions and concerns about determining whether the Kentucky Glade Crest plant blooms in the area

5. 2. 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: recommended for approval
6. 3. AN ORDINANCE RELATING TO THE ZONING AND FORM DISTRICT OF PROPERTY LOCATED AT 6451 LADD AVENUE CONTAINING APPROXIMATELY 0.262 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0078).
   Ordinance
   Action: recommended for approval Passed

   A motion was made by Committee Member Triplett, seconded by Committee Member Arthur, 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: - Committee Member George - Brian Davis - Joe Reverman, Planning and Design Services - Chair Flood - Travis Fiechter, Jefferson County Attorney's Office - Council Member Bowens The following was discussed: - Question about what volume of traffic is expected in the area - Question about how much the traffic would increase with the industrial property on the other side of the tracks - Question about the frequency of semi trucks and when they load and unload - Question about whether the trucks would be using Lees Lane or Cane Run Road - Question about whether the developers plan to place signs directing trucks down Eureka Avenue - Question about hours of operation - Question about whether the intent is that the traffic to be deployed towards Cane Run Road The motion carried by the following vote and the Ordinance was sent to Old Business: District 1 Council Member Bowens had a vote on this zoning case and voted YES.

7. 4. AN ORDINANCE RELATING TO THE REVISED DISTRICT DEVELOPMENT PLAN AND ALTERNATE PLAN FOR ACCESS FOR PROPERTY LOCATED AT 8016 SHEPHERDSVILLE ROAD CONTAINING APPROXIMATELY 18.09 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 22DDP0001). (AS AMENDED)
   Ordinance
   Action: held

   This item was held in committee.

8. 5. A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE FLOYDS FORK SPECIAL DISTRICT IN CHAPTER 3, PART 1 OF THE LAND DEVELOPMENT CODE (“LDC”) (AS AMENDED).
   Resolution
   Action: recommended for approval

   A motion was made by Committee Member Triplett, seconded by Committee Member Hollander, that this Resolution be recommended for approval. The following spoke to this item: - Council Member Chambers Armstrong - Chair Flood - Council Member Piagentini The following was discussed: - Question and concerns about the environmental aspects in the Development Review Overlay ("DRO") - The purpose is to suggest that the recommendations in the South Floyd's Fork Vision Plan be reviewed by Planning Commission in order to determine whether they should be included in the revision of the DRO - The South Floyd's Fork Vision Plan was passed by Metro Council in 2020 - Planning and Designs Services is in support of the review - Questions and concerns about the language in the DRO The motion carried by a voice vote and the Resolution was sent to Old Business.

9. 6. 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 remained held in committee.

10. 7. 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.

11. 8. 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.

12. 9. 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 remained held in committee.

13. 10. 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: held

    This item was held in committee.

14. Adjournment

    Without objection, Chair Flood adjourned the meeting at 1:52 p.m.

15. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on June 9, 2022.
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18. Support Staff

    Travis Fiechter, Jefferson County Attorney's Office

19. 2. 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: recommended for approval Passed

    The following had further discussion on the Ordinance: - Committee Member Hollander - Committee Member George - Travis Fiecheter - Committee Member Triplett - Chair Flood - Joe Reverman, Planning and Design Services The following was discussed: - Concerns about traffic in the area - Concerns about whether the applicant has sought any variances or waivers for the project - Question about whether a reduction from three stories to two stories would be acceptable with the developer - Questions about whether they will be lowering the buildings on Lower Hunters Trace - Question about whether there are opportunities to enhance the overall area - There was a traffic study conducted to do additional planting to buffer the site from Lower Hunters Trace adjacent to the apartment building - Question about partnering with the developer for proposed sidewalks - Concerns and questions about the traffic flow The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business: District 12 Council Member Blackwell had a vote on this zoning case and voted NO.

20. 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 Arthur, that this Ordinance be tabled. The motion to table carried by a voice vote.

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23. Clerk(s)

    Cheryl Woods, Assistant Clerk Sonya Harward, Clerk

24. Non-Committee Member(s)

    Council Member Angela Bowens (D-1), Council Member Cassie Chambers Armstrong (D-8), Council Member Rick Blackwell (D-12), and Council Member Anthony Piagentini (R-19)

25. 2. 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: Amend - Failed Failed

    A motion was made by Committee Member Arthur, seconded by Committee Member Triplett, that this Ordinance be recommended for approval. Council Member Blackwell discussed a proposed amendment by substitution. The following spoke to this item: - Council Member Blackwell - Committee Member Hollander - Chair Flood - Travis Fiechter, Jefferson County Attorney's Office The following was discussed: - Questions and concerns about the density in the area - The distance from Dixie Highway to get public transportation with Transit Authority of River City is a concern - Question about whether assets were explored on the site to benefit the community - Concerns about three-story apartment building in an area mainly zoned R4 - Question about whether a two-story apartment building and patio homes would be better for the location - Concerns about the small three feet wide sidewalks A motion was made by Council Member Blackwell, seconded by Committee Member George, that this Ordinance be amended by substitution as shown in the attached document titled "O-119-22 PROPOSED CABS 053122 Zoning at 2328 & 2400 Lower Hunters Tr & 2403 Cady Ct.pdf". The motion to amend by substitution failed by the following vote: District 12 Council Member Blackwell had a vote on this amendment by substitution and voted YES.