OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Louisville Metro Planning and Zoning Committee Meeting - March 7, 2023

Metro Council & CommitteesTuesday, March 7, 2023
BodyLouisville, Kentucky
SessionMetro Council & Committees
DateTuesday, March 7, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:09

Really, really.

1:05

Yeah, yeah, yeah.

1:08

Yes.

1:11

It's gotten better now though, because like this year, at least they're on the same schedule.

1:15

Because you know, when you have like a middle or high school or an elementary kid, then it's like, oh, just all jumbled up.

1:30

No.

1:51

Right, they could have gone ahead, baby.

1:59

Yeah, Sunday we're driving around, so that's like most cool tomorrow.

2:04

Like there's there's not a little school tomorrow that's like ten minutes later we'll get the day, so like there we go.

2:32

Right, yeah.

2:33

Yeah.

3:35

And they say, well, we'll we'll have more common technology maybe.

4:03

That that that was her and that has been her issue where they're trying to sit.

4:08

They go well, they go up to uh yeah.

4:17

So planning and Planning and zoning will begin in approximately forty-five seconds metro TV.

5:36

Good afternoon, and welcome to Planning and Zoning Committee.

5:39

I'm Councilwoman Madonna Chair.

5:41

I'm joined by my vice chair, Councilman Scott Reed.

5:45

I'm also joined by committee members, Councilwoman Jennifer Chapel, Councilwoman Betsy Ruey, Councilman Kal Khalil Batchon.

5:55

And we also are joined by Councilman Piagentini, who does who does have an item on our agenda.

6:03

These the following items will be held today and not heard on the agenda.

6:07

They're items number one, two, eight, nine, and eleven with the possibility of number three being held.

6:20

Yes, if you are a council member, you must keep your um in your virtually, you must have your camera on at all times.

6:29

Um could whoever is TB identify themselves, please.

6:35

Maybe it's the one to there he is.

6:39

We're joined by Councilman Baker.

6:50

Yeah, I guess we're not just I can't think of but no, that's the also this meeting is being held pursuant to KRS sixty-one point eight two six and council rule five A.

7:19

Councilman Piagentini, would you like us to hear your legislation first?

7:24

Since if you don't mind, Madam Chair, that'd be great.

7:26

Thank you.

7:27

Let me go to item number 10.

7:42

Uh, for those who were um may want need to help address this.

7:46

It's a resolution requesting the planning commission review the Louisville Metro Land Development Code LDC relating to notices.

7:58

Looking for a motion.

7:59

Motion read.

8:00

Second.

8:01

Properly moved by Councilman Reed, second by Councilman Batchon.

8:04

We are ready for discussion, and I will chair will recognize Councilman uh Anthony Piagentini.

8:11

Thank you, Madam Chair.

8:12

Uh so colleagues, this is a resolution uh calling for the planning commission to look at uh really two things to add to the land development code around notifications.

8:24

Uh so this came up related to at least one, but I would argue I've got uh evidence of having this issue with with multiple cases uh or at least citywide, that number one with the amount of suburban cities that we have.

8:41

Uh one of the issues, if you will, it's not an issue, it's just one of the truth, one of the facts related to how we notify residents is we notify the resident, we don't notify suburban cities when a resident is affected by a development.

8:58

Uh so for example, if you have a uh a development that requires a tier one notification, and one of those tier one notification residences are inside a suburban city, that resident will receive the notification.

9:17

Or they don't receive a notification.

9:19

They could sign up for the listserv like the members of the general public, but they don't get a notification.

9:24

One number one in section one here asks that the planning commission uh explore providing suburban cities, providing notice to suburban cities when a property within their jurisdiction is entitled to notice of a planning and zoning matter.

9:38

I want to be super clear.

9:40

This does not notify everybody in the suburban city, it just notifies whatever is listed as their city hall, right?

9:50

So that's number one, right?

9:52

Just to provide additional visibility to that suburban city and working with uh developed Louisville.

10:00

This didn't seem uh this was something that was operationally uh doable.

10:04

Uh they could of course speak for themselves.

10:06

I don't want to misrepresent their comments to me, but they indicated this was a possibility because uh the good news is suburban cities have very clear, delineated lines, so when the maps are constructed, uh these they can determine whether or not residents are within those suburban cities.

10:22

As a matter of note, before I get to two, I did also ask that we attempt to do this with uh HOAs or homeowners associations.

10:30

Uh the lines are unclear related to HOAs, number one, and number two, we really don't have or require HOAs to have this regimented database of registrations and who's liable and et cetera.

10:43

So we'll encourage HOAs to continue to use the lidserv process, but since the suburban cities are other government agencies that are planning and zoning has uh may impact in some cases, we want them to be notified.

10:57

Number two, uh you'll notice that there is an amendment, and I'm going to ask if a colleague of mine uh from on this committee could propose all the amendments I have here.

11:07

I'll read one here and then I'll clarify one that's above uh that links to this.

11:11

But in talking with developed Louisville about number two, the issue here uh to describe the problem is that right now tier one notifications which are sent out by the developer are done in any one of a myriad of ways, right?

11:28

Theoretically, an infinite number of ways.

Discussion Breakdown — Share of Meeting
Zoning Regulation█████████████████████████████████████████████66%
Public Engagement██████████15%
Transportation Safety█████8%
Miscellaneous██3%
Affordable Housing██3%
Procedural1%
Public Transportation1%
Public Works1%
Public Safety1%
Summary of Proceedings

Louisville Metro Planning and Zoning Committee Meeting - March 7, 2023

The Planning and Zoning Committee met on Tuesday, March 7, 2023, from 1:03 PM to 2:58 PM in Council Chambers and virtually. Chair Madonna Flood presided; seven committee members were present (Baker, Chappell, Reed, Ruhe, Engel, Flood, Batshon) plus non-committee member Piagentini. The committee considered twelve pending items and held a special discussion on planning and zoning processes. Several zoning ordinances were recommended for approval, one was tabled, and a resolution was amended and advanced.

Discussion Items

  • O-022-23 (1920 & 1922 Herr Lane) – Held in committee.
  • O-031-23 (768, 810, 850 Barret Ave & 1235 E Breckinridge St) – Held in committee.
  • O-034-23 (1239 S Clay Street) – Approved 7-0 (motion by Engel, second by Batshon). The Planning Commission recommended rezoning 0.0978 acres from R6 to UN (urban neighborhood) to allow a semi-detached duplex on two subdivided lots. No opposition was voiced; committee members noted this addresses missing middle housing. Questions were raised about maintenance of shared walls, but the county attorney advised such private agreements need not be regulated in this case. Sent to old business.
  • O-035-23 (4500 S Hurstbourne Parkway) – Approved 7-0 (motion by Reed, second by Batshon). The Planning Commission recommended rezoning 0.92 acres from C-1 to C-2 for a Christian Brothers Automotive repair facility within the Meyer Shopping Center. No one spoke in opposition. Binding elements include no outdoor storage, a 24-hour limit on vehicles, trash collection after 6 AM, and construction of two transit shelters within 60 days. Sent to old business.
  • O-036-23 (10001 Vista Hills Boulevard) – Approved 7-0 (motion by Engel, second by Reed). The Planning Commission recommended rezoning 1.022 acres from R-R to R-5 to create four single-family lots. Concern was raised about encroachment on the Barstown Parkway buffer. Staff noted the encroachment is limited to one lot and is justifiable due to lot shape and existing structures. An amendment will be added stating this is not precedent-setting. Sent to old business.
  • O-037-23 (7717 & 7721 St. Andrews Church Road) – Tabled after an amendment. The Planning Commission recommended rezoning 1.97 acres from R-6 to C-N for a Dollar General store. Three people spoke in opposition at the planning commission hearing. The committee added binding element #14 (requiring future changes to go through planning commission and Metro Council). Concerns were raised about traffic, lack of connection to Cardinal Oaks Drive (private road), sidewalk safety near schools, and flooding. A motion to table carried by voice vote for further study.
  • O-032-23 (814 Vine Street) – Held in committee.
  • O-033-23 (E Washington Street closure) – Approved 7-0 (motion by Engel, second by Baker). The Planning Commission recommended closing a 0.08-acre portion of East Washington Street adjacent to I-64 East ramp. The applicant owns properties on both sides. No opposition. Sent to the consent calendar.
  • O-113-22 (delinquent taxes and zoning applications) – Sponsorship withdrawn by Chair Flood; she indicated it will be reintroduced with cleaner amendments.
  • O-013-23 (11905 Dixie Highway) – Held in committee.
  • R-009-23 (review LDC for revised development plans) – Held in committee.
  • R-015-23 (review LDC relating to notices) – Amended and recommended for approval (motion by Reed, second by Batshon). Sponsor Piagentini explained the resolution asks the planning commission to study: (1) notifying suburban cities about zoning matters affecting their residents, and (2) creating a more centralized process for mailing Tier 1 notices to reduce variability. The amendment clarified that the mailing process review should include procedures but not necessarily mandate PDS to send the notices, while also examining cost responsibility (paid by applicants). A technical correction was noted. The amended resolution passed by voice vote and went to old business.

Special Discussion

  • ID 23-0160 – All Things Planning and Zoning: Julia Williams of Planning and Design Services presented an overview of zoning districts, form districts, the Land Development Code, notification processes, and public resources. Topics included the two-tier zoning system, roles of the Board of Zoning Adjustment and Planning Commission, and how citizens can access information via the Accela portal, weekly activity reports, and the Lexington Code. Council members asked about the process and were advised by Travis Fiechter (County Attorney) on the importance of avoiding prejudgment and limiting involvement before the planning commission record is complete. The discussion will continue at the next meeting.

Key Outcomes

  • Recommended for approval (to full council): O-034-23, O-035-23, O-036-23 (all by 7-0 votes).
  • Recommended for approval and sent to consent calendar: O-033-23 (7-0).
  • Recommended for approval (amended): R-015-23 (voice vote).
  • Tabled: O-037-23 (voice vote).
  • Sponsorship withdrawn: O-113-22.
  • Held in committee: O-022-23, O-031-23, O-032-23, O-013-23, R-009-23.
  • Items sent to old business or consent calendar will be heard at the Metro Council meeting on March 16, 2023.

Meeting Transcript

Really, really. Yeah, yeah, yeah. Yes. It's gotten better now though, because like this year, at least they're on the same schedule. Because you know, when you have like a middle or high school or an elementary kid, then it's like, oh, just all jumbled up. No. Right, they could have gone ahead, baby. Yeah, Sunday we're driving around, so that's like most cool tomorrow. Like there's there's not a little school tomorrow that's like ten minutes later we'll get the day, so like there we go. Right, yeah. Yeah. And they say, well, we'll we'll have more common technology maybe. That that that was her and that has been her issue where they're trying to sit. They go well, they go up to uh yeah. So planning and Planning and zoning will begin in approximately forty-five seconds metro TV. Good afternoon, and welcome to Planning and Zoning Committee. I'm Councilwoman Madonna Chair. I'm joined by my vice chair, Councilman Scott Reed. I'm also joined by committee members, Councilwoman Jennifer Chapel, Councilwoman Betsy Ruey, Councilman Kal Khalil Batchon. And we also are joined by Councilman Piagentini, who does who does have an item on our agenda. These the following items will be held today and not heard on the agenda. They're items number one, two, eight, nine, and eleven with the possibility of number three being held. Yes, if you are a council member, you must keep your um in your virtually, you must have your camera on at all times. Um could whoever is TB identify themselves, please. Maybe it's the one to there he is. We're joined by Councilman Baker. Yeah, I guess we're not just I can't think of but no, that's the also this meeting is being held pursuant to KRS sixty-one point eight two six and council rule five A. Councilman Piagentini, would you like us to hear your legislation first? Since if you don't mind, Madam Chair, that'd be great. Thank you. Let me go to item number 10. Uh, for those who were um may want need to help address this. It's a resolution requesting the planning commission review the Louisville Metro Land Development Code LDC relating to notices. Looking for a motion. Motion read. Second. Properly moved by Councilman Reed, second by Councilman Batchon. We are ready for discussion, and I will chair will recognize Councilman uh Anthony Piagentini. Thank you, Madam Chair. Uh so colleagues, this is a resolution uh calling for the planning commission to look at uh really two things to add to the land development code around notifications. Uh so this came up related to at least one, but I would argue I've got uh evidence of having this issue with with multiple cases uh or at least citywide, that number one with the amount of suburban cities that we have. Uh one of the issues, if you will, it's not an issue, it's just one of the truth, one of the facts related to how we notify residents is we notify the resident, we don't notify suburban cities when a resident is affected by a development. Uh so for example, if you have a uh a development that requires a tier one notification, and one of those tier one notification residences are inside a suburban city, that resident will receive the notification. Or they don't receive a notification. They could sign up for the listserv like the members of the general public, but they don't get a notification. One number one in section one here asks that the planning commission uh explore providing suburban cities, providing notice to suburban cities when a property within their jurisdiction is entitled to notice of a planning and zoning matter. I want to be super clear. This does not notify everybody in the suburban city, it just notifies whatever is listed as their city hall, right? So that's number one, right? Just to provide additional visibility to that suburban city and working with uh developed Louisville.

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