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Planning and Zoning Committee

Tuesday, June 14, 2022 · 1:00 PM AM · Council Chambers/Virtual

TL;DR

The Planning and Zoning Committee reviewed several zoning proposals for properties around Louisville Metro, including changes to land use and development plans. Multiple zoning ordinances were recommended for approval, with some modifications and one significant case being tabled for further review.

Key Decisions

  • Zoning for Old Preston Highway Properties Recommended for Approval
  • Zoning for Chenoweth Run Road Property with Parking Waiver Recommended for Approval
  • Freys Hill Road Property Zoning Amended by Substitution
  • Closure of Portion of Fegenbush Lane Right-of-Way Tabled
  • Original Highlands Neighborhood Association Recognition Tabled
Agenda PDF Minutes PDF

Agenda

  1. Call to Order

    Vice Chair Reed called the meeting to order at 1:09 p.m.

  2. Roll Call

    Vice Chair Reed introduced the committee members and non-committee members present. A quorum was established. *NOTE: All committee members and non-committee members present attended in Chambers, except Vice Chair Reed, Council Member Fox, Council Member Winkler, and Council Member Holton-Stewart, 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: recommended for approval
  5. 2. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 3323 AND 3325 FREYS HILL ROAD CONTAINING APPROXIMATELY 15.22 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0102). (AMENDMENT BY SUBSTITUTION)
    Ordinance
    Action: amended

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, 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 Winkler - Vice Chair Reed - Committee Member Hollander The following was discussed: - A proposed amendment by substitution that would overturn the Planning Commission's decision - Question about whether there were any flaws in the traffic study - Concerns over the absence of a public hearing - Question about whether the ingress and egress point off Westport Road is too narrow - Concerns that there has not been any mini storage unit built that was zoned and approved with binding elements in the area - Concerns that the property does not have connectivity to Westport Road - Concerns that there is not enough space to allow two entrances at the access point A motion was made by Council Member Winkler, seconded by Committee Member Triplett, that this Ordinance be amended by substitution as shown in the attached document titled "O-185-22 V.2 CABS 061422 Zoning Change 3323 and 3325 Freys Hill Rd.pdf". The motion to amend by substitution carried by a voice vote.

  6. 3. AN ORDINANCE RELATING TO THE ZONING AND FORM DISTRICT OF, AND REVISED DETAILED DISTRICT DEVELOPMENT PLAN FOR, PROPERTIES LOCATED AT 3200 AND 3201 DUPIN DRIVE AND 5400 MINOR LANE CONTAINING APPROXIMATELY 2.63 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0162). (AS AMENDED)
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, 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 Fox - Committee Member George The following was discussed: - This is Phase II of the Airport Logistics Airpark development project - Question about whether there is a warehouse located to the south of the development - The development will create jobs The motion carried by the following vote and the Ordinance was sent to Old Business: District 13 Council Member Fox had a vote on this zoning case and voted YES.

  7. 4. AN ORDINANCE RELATING TO THE ZONING OF, AND ASSOCIATED PARKING WAIVER FOR, PROPERTY LOCATED AT 3106 CHENOWETH RUN ROAD CONTAINING APPROXIMATELY 1.88 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0135). (AS AMENDED)
    Ordinance
    Action: recommended for approval Passed

    The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business:

  8. 5. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 905 EAST OAK STREET CONTAINING APPROXIMATELY 0.086 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 22ZONE0009). (AS AMENDED)
    Ordinance
    Action: held

    This item was held in committee.

  9. 6. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 8315 NASH STREET CONTAINING APPROXIMATELY 2.29 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0164).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). Council Member Fox spoke to this item and stated he was in support of the zoning change. The motion carried by the following vote and the Ordinance was sent to Old Business: District 13 Council Member Fox had a vote on this zoning case and voted YES.

  10. 7. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 10310 AND 10312 STONESTREET ROAD CONTAINING APPROXIMATELY 3.6 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0150). (AS AMENDED)
    Ordinance
    Action: held

    This item was held in committee.

  11. 8. 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.

  12. 9. 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: withdrawn

    This item was withdrawn.

  13. 10. 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.

  14. 11. 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.

  15. 12. 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: recommended for approval
  16. 13. 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 remained held in committee.

  17. 14. AN ORDINANCE RELATING TO THE REVISED DISTRICT DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11905 DIXIE HIGHWAY CONTAINING APPROXIMATELY 2.19 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 22DDP0009).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance to be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). Council Member Fowler stated that in 2018, the plan was approved without the approval of Metro Council, and that she would be voting yes. The motion carried by the following vote and the Ordinance was sent to Old Business:

  18. 15. A RESOLUTION RECOGNIZING THE ORIGINAL HIGHLANDS NEIGHBORHOOD ASSOCIATION AND THE OFFICIAL NEIGHBORHOOD MAP OF THE ORIGINAL HIGHLANDS NEIGHBORHOOD.
    Resolution
    Action: recommended for approval
  19. Adjournment

    Without objection, Vice Chair Reed adjourned the meeting at 2:03 p.m.

  20. Note: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council meeting on June 23, 2022.
  21. 2. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 3323 AND 3325 FREYS HILL ROAD CONTAINING APPROXIMATELY 15.22 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0102). (AMENDMENT BY SUBSTITUTION)
    Ordinance
    Action: recommended for approval Passed

    The motion to recommend for approval carried by the following vote and the amended Ordinance was sent Old Business: District 17 Council Member Winkler had a vote on this zoning case and voted YES.

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  25. Clerk(s)

    Cheryl Woods, Assistant Clerk Sonya Harward, Clerk

  26. Non-Committee Member(s)

    Council Member Council Member Mark Fox (D-13), Council Member Markus Winkler (D-17), and Council Member Amy Holton Stewart (D-25)

  27. 12. 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 Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be recommended for approval. The following spoke to this item: - Committee Member Hollander - Travis Fiechter, Jefferson County Attorney's Office - Committee Member George The following was discussed: - Question about whether this is a large right-of-way - Question about how this development would benefit the community as a right-of-way - Question about whether this development would produce tax benefits once it is built A motion was made by Committee Member Hollander, seconded by Committee Member Triplett, that this Ordinance be tabled. The motion to table carried by a voice vote.

  28. 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 Passed

    The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business:

  29. Support Staff

    Travis Fiechter, Jefferson County Attorney's Office

  30. 15. A RESOLUTION RECOGNIZING THE ORIGINAL HIGHLANDS NEIGHBORHOOD ASSOCIATION AND THE OFFICIAL NEIGHBORHOOD MAP OF THE ORIGINAL HIGHLANDS NEIGHBORHOOD.
    Resolution
    Action: tabled

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be recommended for approval. A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be tabled. The motion to table carried by a voice vote.

  31. 4. AN ORDINANCE RELATING TO THE ZONING OF, AND ASSOCIATED PARKING WAIVER FOR, PROPERTY LOCATED AT 3106 CHENOWETH RUN ROAD CONTAINING APPROXIMATELY 1.88 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 21ZONE0135). (AS AMENDED)
    Ordinance
    Action: amended

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, gave a presentation on the Planning Commission's recommendation (see attached). Travis Fiechter, Jefferson County Attorney's Office, read the following Binding Element into the record: "8. Any significant changes or alterations to the proposed structures (e.g. building height, number of units, number of buildings), any increase in density on the property, any changes in use on the property, and/or any amendments to the binding elements shall be reviewed before the Planning Commission with final action to be determined by Metro Council." The following spoke to this item: - Committee Member Triplett - Brian Davis The following was discussed: - Question about whether the reduced parking spaces will be used in another manner A motion was made by Committee Member Engel, seconded by Committee Member Triplett, that this Ordinance be amended to add the Binding Element previously read into the record. The motion to amend carried by a voice vote.

  32. 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: amended

    A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be recommended for approval. The following spoke to this item: - Committee Member Engel - Travis Fiechter, Jefferson County Attorney's Office The following was discussed: - Question about whether the developer agreed with the Binding Elements A motion was made by Committee Member Triplett, seconded by Committee Member Engel, that this Ordinance be amended as shown in the attached document titled "O-157-22 V.2 CAM 061422 Zoning at 10410 & 10414 Old Preston Highway.pdf". The motion to amend carried by a voice vote.