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Planning/Zoning, Land Design and Development Committee

Tuesday, December 5, 2017 · 1:30 PM AM · Council Chambers

TL;DR

The Planning/Zoning Committee held a meeting to review several zoning change proposals, primarily converting residential areas to commercial or manufacturing zones along Orell Road and Dixie Highway. Most proposed zoning changes were recommended for approval, with specific restrictions added to prevent hazardous material storage and ensure proper development.

Key Decisions

  • Zoning Change at 6605 West Orell Road (12.89 acres) Recommended for Approval
  • Zoning Change at 11905 Dixie Highway (2.2 acres) Recommended for Approval
  • Compensation for Planning Commission Members Approved with Amendments
  • Historic Building Demolition Ordinance Tabled
  • Blue Lick Road Zoning Change (0.65 acres) Forwarded Without Recommendation
Agenda PDF Minutes PDF

Agenda

  1. Call to Order

    Chair Person Flood called the meeting to order at 1:34 p.m.

  2. Roll Call

    Chair Person Flood introduced the committee members and non-committee members present. A quorum was established. Committee Member Ackerson arrived at 1:36 p.m. and Committee Member Engel arrived at 1:51 p.m.

  3. Pending Legislation
  4. 1. AN ORDINANCE CLOSING THE REMAINING PORTION OF AN UNNAMED 12 FOOT ALLEY NORTH OF FRANKLIN STREET TERMINATING AT NORTH SHELBY STREET CONTAINING 2,826 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 17STREETS1015).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Coan, 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 CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO CM COMMERCIAL MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 6605 WEST ORELL ROAD CONTAINING 12.89 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1019) (AS AMENDED).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Hollander, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Council Member Fowler spoke to the item. A motion was made by Chair Person Flood, seconded by Committee Member Ackerson, that this Ordinance be amended by adding the following Binding Element #8: A change in use requires review and approval by the Metro Council. The motion to amend carried by a voice vote. Paul Whitty, Jefferson County Attorney's Office, spoke to the item. A motion was made by Chair Person Flood, seconded by Committee Member Ackerson, that this amended Ordinance be amended by adding the following Binding Element #9: No storage of coal ash/fly ash or any hazardous chemical shall be permitted on this site. 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 14 Council Member Fowler had a vote on this zoning case and voted YES.

  6. 3. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY AND C-2 COMMERCIAL TO CM COMMERCIAL/ MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 11905 DIXIE HIGHWAY CONTAINING 2.2 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1022) (AS AMENDED).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Coan, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Paul Whitty, Jefferson County Attorney's Office, and Council Member Fowler spoke to the item. A motion was made by Chair Person Flood, seconded by Vice Chair Stuckel, that this Ordinance be amended by adding the following Binding Element #11: No storage of coal ash/fly ash or any hazardous chemical shall be permitted on this site. The motion to amend carried by a voice vote. Emily Liu, Planning and Design Services, spoke to the item. A motion was made by Chair Person Flood, seconded by Committee Member Engel, that this amended Ordinance be amended by adding the following Binding Element #12: The sidewalks along E. Orell Rd. shall be extended to the Orell Rd. intersection. 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 14 Council Member Fowler had a vote on this zoning case and voted YES.

  7. 4. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 8107 BLUE LICK ROAD CONTAINING .65 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1028) (AMENDMENT BY SUBSTITUTION).
    Ordinance
    Action: returned without recommendation Passed

    A motion was made by Vice Chair Stuckel, 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. Emily Liu, Planning and Design Services, and Paul Whitty, Jefferson County Attorney's Office, spoke to the item. A motion was made by Chair Person Flood, seconded by Committee Member Ackerson, that this Ordinance be amended by adding the following Binding Element #9: The business may not open until the proper change in use permits have been obtained and all the binding elements and conditions of approval have been met. The motion to amend carried by a voice vote. A motion was made by Chair Person Flood, seconded by Committee Member Engel, that this amended Ordinance be forwarded to Metro Council without a recommendation. The motion to forward to Metro Council without a recommendation carried by the following vote and the amended Ordinance was sent to Old Business:

  8. 5. AN ORDINANCE MAINTAINING THE ZONING AS OR-1 OFFICE/ RESIDENTIAL AND R-7 MULTI-FAMILY RESIDENTIAL ON PROPERTY LOCATED AT 5024 AND 5026 SOUTH THIRD STREET AND 307 KINGSTON AVENUE CONTAINING .44 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1036) (AMENDMENT BY SUBSTITUTION).
    Ordinance
    Action: returned without recommendation Passed

    A motion was made by Vice Chair Stuckel, seconded by Committee Member Coan, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Paul Whitty, Jefferson County Attorney's Office, and Ray Manley, District 21 Legislative Assistant, spoke to the item. A motion was made by Committee Member Coan, seconded by Committee Member Hollander, that this Ordinance be forwarded to Metro Council without a recommendation. The motion to forward to Metro Council without a recommendation carried by the following vote and the Ordinance was sent to Old Business:

  9. 6. AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-N NEIGHBORHOOD COMMERCIAL ON PROPERTY LOCATED AT 4922 BROWNSBORO ROAD CONTAINING 1.4 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1025).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Coan, 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. Committee Member Engel read a statement from Council Member Angela Leet. The motion carried by the following vote and the Ordinance was sent to Old Business:

  10. 7. 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: recommended for approval

    A motion was made by Committee Member Engel, seconded by Vice Chair Stuckel, that this Ordinance be recommended for approval. Committee Member Coan and Emily Liu, Planning and Design Services, spoke to the item.

  11. 8. AN ORDINANCE AMENDING LMCO CHAPTERS 32.840 AND 32.850 WITH RESPECT TO COMPENSATION FOR PLANNING COMMISSION AND BOARD OF ZONING ADJUSTMENT MEMBERS (AS AMENDED).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Engel, seconded by Committee Member Coan, that this Ordinance be recommended for approval. The following spoke to the item: - Emily Liu, Planning and Design Services - Paul Whitty, Jefferson County Attorney's Office - Chair Person Flood - Deborah Bilitski, Develop Louisville A motion was made by Committee Member Ackerson, seconded by Committee Member Engel, that this Ordinance be amended by: - Striking through '75' and replacing it with '100' on Line 4 of Section I - Striking through '2,250' and replacing it with '3,000' on Line 5 of Section I - Striking through '75' and replacing it with '100' on Line 4 of Section II - Striking through '2,250' and replacing it with '3,000' on Line 5 of Section II 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:

  12. 9. 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 per the request of Council Member Julie Denton as stated by Chair Person Flood.

  13. 10. AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON REZONING, CONDITIONAL USE PERMIT, MAJOR SUBDIVISION, AND PLAN CERTAIN, CATEGORY 2B AND 3 DEVELOPMENT PLAN APPLICATIONS FOR RESIDENTIAL DEVELOPMENT IN THE SYSTEM DEVELOPMENT CHARGE AREA.
    Ordinance
    Action: held

    This item was held in committee per the request of Council Member Julie Denton as stated by Chair Person Flood.

  14. 11. 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 per the request of Council Member Julie Denton as stated by Chair Person Flood.

  15. 12. 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 per the request of Council Member Julie Denton as stated by Chair Person Flood.

  16. Adjournment

    Without objection, Chair Person Flood adjourned the meeting at 3:09 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 December 14, 2017.

  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. O-409-17 AN ORDINANCE AMENDING LMCO CHAPTERS 32.840 AND 32.850 WITH RESPECT TO COMPENSATION FOR PLANNING COMMISSION AND BOARD OF ZONING ADJUSTMENT MEMBERS (AS AMENDED).
    Ordinance
    Action: amended
  19. O-387-17 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

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

  20. O-413-17 AN ORDINANCE MAINTAINING THE ZONING AS OR-1 OFFICE/ RESIDENTIAL AND R-7 MULTI-FAMILY RESIDENTIAL ON PROPERTY LOCATED AT 5024 AND 5026 SOUTH THIRD STREET AND 307 KINGSTON AVENUE CONTAINING .44 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1036) (AMENDMENT BY SUBSTITUTION).
    Ordinance
    Action: recommended for approval
  21. O-412-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 8107 BLUE LICK ROAD CONTAINING .65 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1028) (AMENDMENT BY SUBSTITUTION).
    Ordinance
    Action: amended
  22. O-412-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 8107 BLUE LICK ROAD CONTAINING .65 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1028) (AMENDMENT BY SUBSTITUTION).
    Ordinance
    Action: recommended for approval
  23. O-411-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY AND C-2 COMMERCIAL TO CM COMMERCIAL/ MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 11905 DIXIE HIGHWAY CONTAINING 2.2 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1022) (AS AMENDED).
    Ordinance
    Action: amended
  24. O-411-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY AND C-2 COMMERCIAL TO CM COMMERCIAL/ MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 11905 DIXIE HIGHWAY CONTAINING 2.2 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1022) (AS AMENDED).
    Ordinance
    Action: amended
  25. O-408-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO CM COMMERCIAL MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 6605 WEST ORELL ROAD CONTAINING 12.89 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1019) (AS AMENDED).
    Ordinance
    Action: amended
  26. O-408-17 AN ORDINANCE CHANGING THE ZONING FROM R-4 RESIDENTIAL SINGLE FAMILY TO CM COMMERCIAL MANUFACTURING AND CHANGING THE FORM DISTRICT FROM NEIGHBORHOOD TO SUBURBAN MARKETPLACE CORRIDOR ON PROPERTY LOCATED AT 6605 WEST ORELL ROAD CONTAINING 12.89 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 17ZONE1019) (AS AMENDED).
    Ordinance
    Action: amended
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  28. Clerk(s)

    David B. Wagner, Assistant Clerk

  29. Support Staff

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

  30. Non-Committee Member(s)

    Council Member Cindi Fowler (D-14)