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Planning, Zoning and Annexation Committee

Tuesday, July 31, 2018 · 1:30 PM AM · Council Chambers

TL;DR

The Planning, Zoning and Annexation Committee met to review several zoning change proposals for properties around Louisville Metro. Multiple residential areas were considered for rezoning to commercial or higher-density residential use, with most proposals being recommended for approval. The committee also addressed a controversial landmarks designation case.

Key Decisions

  • Zoning Change for Progress Boulevard Passed
  • Bardstown Road Zoning Proposal Denied
  • Landmarks Commission Property Designation Overturned
  • Closing of Lipps Lane Approved
  • Closing of Old 18th Street and Old Dixie Highway Approved
Agenda PDF Minutes PDF

Agenda

  1. Call to Order

    Chair Person Flood called the meeting to order at 1:33 p.m.

  2. Roll Call
  3. Pending Legislation
  4. 1. AN ORDINANCE CLOSING A PORTION OF LIPPS LANE ON THE WEST SIDE OF JEFFERSON BOULEVARD NORTH OF BATES AVENUE AND BEING IN LOUISVILLE METRO (CASE NO. 17STREETS1002).
    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. Brian Davis, 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 CLOSING PORTIONS OF OLD 18TH STREET AND OLD DIXIE HIGHWAY AND BEING IN LOUISVILLE METRO (CASE NO. 17STREETS1027).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Reed, that this Ordinance be recommended for approval. Brian Davis, 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:

  6. 3. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 4501 AND 4505 PROGRESS BOULEVARD CONTAINING 12.16 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1046) (AS AMENDED).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Reed, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Council Member Shanklin also spoke to the item. A motion was made by Chair Person Flood, seconded by Vice Chair Stuckel, that this Ordinance be amended as shown in the attached document titled 'O-198-18 - PROPOSED Zoning at 4501 and 4505 Progress Blvd. (as amended 7-31-18).pdf'. 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: District 2 Council Member Shanklin had a vote on this zoning case and voted YES.

  7. 4. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO R-5 RESIDENTIAL SINGLE FAMILY ON PROPERTY LOCATED AT 6707 SHAFFER LANE CONTAINING 18.692 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1009).
    Ordinance
    Action: recommended for approval Passed

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

  8. 5. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 400 BULLITT LANE CONTAINING 4.85 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1048).
    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. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Chair Person Flood read a statement on behalf of Council Member Marilyn Parker in favor of the zoning change. The motion carried by the following vote and the Ordinance was sent to Old Business:

  9. 6. AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 5244 DIXIE HIGHWAY CONTAINING 7.75 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1010)(AS AMENDED).
    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. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Chair Person Flood stated Council Member Rick Blackwell wanted this passed by the committee to the full Council where he may propose an amendment to the Ordinance. The motion carried by the following vote and the Ordinance was sent to Old Business:

  10. 7. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO R-5 RESIDENTIAL SINGLE FAMILY ON PROPERTY LOCATED AT 7905 SMYRNA PARKWAY CONTAINING 10.907 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1012).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Reed, that this Ordinance be recommended for approval. Brian Davis, 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:

  11. 8. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 7500 BARDSTOWN ROAD CONTAINING 6.475 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1060).
    Ordinance
    Action: withdrawn

    Chair Person Flood stated she was withdrawing her sponsorship of this Ordinance and it therefore died in committee due to the lack of a sponsor.

  12. 9. AN ORDINANCE DENYING THE CHANGE IN ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 7500 BARDSTOWN ROAD CONTAINING 6.475 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1060)(AS AMENDED).
    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. Brian Davis, 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 Hollander, that this Ordinance be amended as shown in the attached document titled 'O-237-18 PROPOSED CAM Deny Zoning Change at 7500 Bardstown Road (7-30-18).pdf'. The motion to amend carried by a voice vote. The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business:

  13. 10. A RESOLUTION OVERTURNING THE DECISION OF THE LANDMARKS COMMISSION DESIGNATING THE PROPERTY LOCATED AT 3700 DUTCHMANS LANE IN LOUISVILLE METRO AS A LOCAL LANDMARK (CASE NO. 17DESGNATION1002) (AMENDMENT BY SUBSTITUTION).
    Resolution
    Action: recommended for approval Passed

    A motion was made by Committee Member Engel, seconded by Committee Member Hollander, that this Resolution be recommended for approval. Cynthia Elmore, Develop Louisville, spoke to the item and gave a presentation. Council Member Sexton Smith and Paul Whitty, Jefferson County Attorney's Office, also spoke to the item. The Clerk read the findings of fact into the record per the request of Council Member Sexton Smith and Chair Person Flood. Chair Person Flood requested there be a roll call vote taken instead of a voice vote. The motion carried by the following vote and the Resolution was sent to the Consent Calendar:

  14. 11. 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.

  15. 12. A RESOLUTION REQUESTING THE LOUISVILLE/JEFERSON COUNTY 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.

  16. Adjournment

    Without objection, Chair Person Flood adjourned the meeting at 2:42 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 August 9, 2018.

  17. 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.
  18. Clerk(s)

    David B. Wagner, CKMC

  19. Non-Committee Member(s)

    Council Member Barbara Shanklin (D-2) and Council Member Barbara Sexton Smith (D-4)

  20. O-198-18 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 4501 AND 4505 PROGRESS BOULEVARD CONTAINING 12.16 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1046) (AS AMENDED).
    Ordinance
    Action: amended
  21. page break
  22. Support Staff

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

  23. O-237-18 AN ORDINANCE DENYING THE CHANGE IN ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 7500 BARDSTOWN ROAD CONTAINING 6.475 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1060)(AS AMENDED).
    Ordinance
    Action: amended
  24. Roll Call

    Chair Person Flood introduced the committee members and non-committee members present. A quorum was established. Committee Member Mulvihill arrived at 1:36 p.m.