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Planning, Zoning and Annexation Committee

Tuesday, February 13, 2018 · 1:30 PM AM · Council Chambers

TL;DR

The Planning, Zoning and Annexation Committee met to discuss several zoning changes and land use ordinances. The committee recommended approval for multiple zoning changes, including residential and commercial property conversions. A key ordinance about demolishing historic buildings was temporarily tabled after amendment.

Key Decisions

  • Zoning Change for Fairground Road Property Passed with Amendments
  • Zoning Change from Residential to Commercial at Dixie Highway Passed
  • Zoning Change from Residential to Planned Employment Center Passed
  • Historic Buildings Demolition Ordinance Tabled
  • Closing Portion of Denham Road Recommended for Approval
Agenda PDF Minutes PDF

Agenda

  1. Call to Order

    Vice Chair Stuckel called the meeting to order at 1:36 p.m.

  2. Roll Call

    Vice Chair Stuckel introduced the committee members and non-committee members present. A quorum was established.

  3. Pending Legislation
  4. 1. AN ORDINANCE CLOSING A PORTION OF DENHAM ROAD NORTHEAST OF THE INTERSECTION OF DENHAM ROAD AND DRAYTON DRIVE AND BEING IN LOUISVILLE METRO (CASE NO. 17STREETS1013).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Engel, seconded by Committee Member Mulvihill, that this Ordinance be recommended for approval. Joe Reverman, Planning and Design Services, spoke to the item and gave a presentation. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar:

  5. 2. AN ORDINANCE CHANGING THE ZONING R-4 RESIDENTIAL SINGLE FAMILY TO PRD PLANNED RESIDENTIAL DISTRICT ON PROPERTY LOCATED AT 9213 FAIRGROUND ROAD CONTAINING 5.94 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 16ZONE1037). (AS AMENDED)
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Engel, seconded by Committee Member Mulvihill, that this Ordinance be recommended for approval. Joe Reverman, Planning and Design Services, spoke to the item and gave a presentation. Committee Member Engel and Paul Whitty, Jefferson County Attorney's Office, also spoke to the item. A motion was made by Committee Member Engel, seconded by Committee Member Mulvihill, that this Ordinance be amended as follows: - Add "with additional binding elements" at the end of the second WHEREAS statement - Add "and additional binding elements as follows, and a revision to binding element #8:" at the end of the first paragraph of Section I - Replace "$3,000" with "$10,000" in binding element #8 - Add binding element #17: "Developer shall complete all roadways in the development to Metro Public Works public road standards. Upon the completion of construction of the 28th home in the subdivision (being 80% of the total lots in the subdivision), the Developer shall post a bond, in an amount established by Metro Public Works, to complete the remainder of the roads in the subdivision, including the final coat of asphalt. The bond shall have the homeowner’s association as the beneficiary, and shall be released only upon a certification from Metro Public Works that the roads were built to public road standards, or if Metro Public Works won’t inspect, upon certification of a licensed engineer that the roads were built to Metro Public Works public road standards." - Add binding element #18: "All existing vegetation in the LBA along the western property line, adjoining Old Fairgrounds Woods, shall remain undisturbed (excluding the sewer connection as shown on the Development Plan and any required erosion control fencing), and Developer shall also plant along this western property line evergreen shrubs/trees that mature to a height no less than 8’ and form a solid screen at maturity. Developer shall also plant the same evergreen shrubs/trees along the eastern property line behind lots 33, 34, 35, and 37. The type and variety of the evergreen shrubs/trees to be approved by Department of Planning and Design staff. The shrubs/trees shall be maintained and remain in good condition in perpetuity." The motion to amend carried by a voice vote. The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business:

  6. 3. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 7650 DIXIE HIGHWAY CONTAINING 4.35 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 16ZONE1080).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Reed, seconded by Committee Member Engel, that this Ordinance be recommended for approval. Joe Reverman, Planning and Design Services, spoke to the item and gave a presentation. The motion carried by the following vote and the Ordinance was sent to Old Business:

  7. 4. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO PEC PLANNED EMPLOYMENT CENTER ON PROPERTY LOCATED AT 12413 OLD LAGRANGE ROAD CONTAINING 4.35 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1044).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Engel, seconded by Committee Member Reed, that this Ordinance be recommended for approval. Joe Reverman, Planning and Design Services, spoke to the item and gave a presentation. Vice Chair Stuckel and Paul Whitty, Jefferson County Attorney's Office, also spoke to the item. The motion carried by the following vote and the Ordinance was sent to Old Business:

  8. 5. AN ORDINANCE REPEALING AND REPLACING SECTION 150.110 OF THE LOUISVILLE/ JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") RELATING TO WRECKING OR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES (AMENDED BY SUBSTITUTION).
    Ordinance
    Action: untabled

    A motion was made by Committee Member Hollander, seconded by Committee Member Mulvihill, that this Ordinance be untabled. The motion carried without objection. Council Member Coan spoke to the item. A motion was made by Committee Member Hollander, seconded by Committee Member Mulvihill, that this Ordinance be amended by substitution with the attached document titled "O-387-17 PROPOSED CABS 021318 Replacing LMCO 150.110 Relating to Demo of Historic Structures". The motion to amend carried by a voice vote. A motion was made by Committee Member Reed, seconded by Committee Member Mulvihill, that this amended Ordinance be tabled. The motion to table carried by a voice vote. John Carroll, Jefferson County Attorney's Office, spoke to the item.

  9. 6. AN ORDINANCE AMENDING LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) SECTION 164.30 ET SEQ., THE SYSTEM DEVELOPMENT CHARGE, TO REQUIRE INCREASED CONTRIBUTIONS AND ELIMINATE THE SUNSET PROVISION.
    Ordinance
    Action: held

    This item was held in committee.

  10. 7. A RESOLUTION REQUESTING THE PLANNING COMMISSION TO REVIEW THE LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO THE PRESERVATION OF TREES AND TO INCREASE THE PERIMETER TREE PRESERVATION REQUIREMENTS.
    Resolution
    Action: held

    This item was held in committee.

  11. 8. A RESOLUTION REQUESTING THE LOUISVILLE/JEFFERSON COUNTY PLANNING COMMISSION TO ADOPT A REGULATION PROVIDING FOR APPEALS TO THE METRO COUNCIL IN SUBDIVISION CASES.
    Resolution
    Action: held

    This item was held in committee.

  12. Adjournment

    Without objection, Vice Chair Stuckel adjourned the meeting at 2:56 p.m. *NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on February 22, 2018.

  13. Note: Agendas are followed at the discretion of the Chair Person. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee.
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  15. Support Staff

    Paul Whitty, Jefferson County Attorney's Office John Carroll, Jefferson County Attorney's Office Travis Fiechter, Jefferson County Attorney's Office

  16. O-460-17 AN ORDINANCE CHANGING THE ZONING R-4 RESIDENTIAL SINGLE FAMILY TO PRD PLANNED RESIDENTIAL DISTRICT ON PROPERTY LOCATED AT 9213 FAIRGROUND ROAD CONTAINING 5.94 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 16ZONE1037). (AS AMENDED)
    Ordinance
    Action: amended
  17. 5. AN ORDINANCE REPEALING AND REPLACING SECTION 150.110 OF THE LOUISVILLE/ JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") RELATING TO WRECKING OR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES (AMENDED BY SUBSTITUTION).
    Ordinance
    Action: amended Passed
  18. Non-Committee Member(s)

    Council Member Barbara Sexton Smith (D-4) and Council Member S. Brandon Coan (D-8)

  19. Clerk(s)

    David B. Wagner, Assistant Clerk Lisa Franklin Gray, Assistant Clerk

  20. 5. AN ORDINANCE REPEALING AND REPLACING SECTION 150.110 OF THE LOUISVILLE/ JEFFERSON COUNTY METRO GOVERNMENT CODE OF ORDINANCES ("LMCO") RELATING TO WRECKING OR DEMOLITION OF HISTORIC BUILDINGS OR STRUCTURES (AMENDED BY SUBSTITUTION).
    Ordinance
    Action: tabled Passed