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OPENPUBLICA · PUBLIC MEETING RECORD

Record of Proceedings

Louisville Metro Planning & Zoning Committee Meeting - March 21, 2023

Metro Council & Committees — Tuesday, March 21, 2023

BodyLouisville, Kentucky

SessionMetro Council & Committees

DateTuesday, March 21, 2023

StatusFILED

Video Record

0:00 / 1:24:21

Transcript — VerbatimClick a timed line to jump · ⧉ to share it

3:36

Petrol TV will begin in approximately forty-five seconds.

4:17

Good afternoon, and welcome to Planning and Zoning.

4:20

I'm Councilwoman Madonna Flood, Chair of the Committee.

4:23

I'm joined by my vice chair today, Councilman Scott Reed, by committee members, Councilman Philip Baker, Councilman Ben Reno Weber, who's a new addition to the committee.

4:34

Welcome.

4:36

Council Councilmember Betsy Grewey, Councilmember Robin Ingle, Councilmember Khalil Batchon, and Councilwoman Jennifer Chapel.

4:46

We're also joined virtually by Councilmanwoman Cindy Fowler.

4:50

She has a piece of legislation in her district, and we're going to take that item first, and I think that's item number seven.

5:00

Um give you a few minutes or a few seconds to whatever you need to call that one up.

5:03

Also, this meeting is being held pursuant to KRS 61.826 and council rule 5A.

5:14

Go ahead.

5:15

Okay.

5:16

Oh, first order of business.

5:17

I guess I better read it into the record.

5:23

This is an ordinance relating to the revised district development plan for property located at one one z 11905 Dixie Highway, containing approximately 2.19 acres and being in Louisville Metro case number 22 DDP 0078.

5:40

Motion to approve.

5:42

Secondary.

5:44

Properly moved by Councilman Ingall and seconded by Councilman.

5:47

Excuse me, moved by Councilman Ingall and seconded by Councilman Reed.

5:50

We're ready for discussion, Julia.

5:51

Julia Williams, planning and design services staff.

5:55

This is case number 22 DDP 78.

6:01

This is located in Council District 14 in uh southwest Jefferson County.

6:09

Better no better.

6:15

Okay.

6:21

All right.

6:21

So this is the aerial view of the site.

6:24

Uh the existing use is commercial and industrial, and the proposed use is also commercial industrial.

6:31

Uh this is the zoning for the sites.

6:33

Currently zone CM in the suburban marketplace corridor form district along Dixie Highway.

6:40

Uh the request is a revived revised detailed district development plan with revisions to binding elements.

6:47

The applicant is proposing to add a trailer sales and storage business to a site that is currently under development for mini storage in the Valley Station area of southwestern Jefferson County uh Louisville Metro.

6:59

Uh the site was rezoned to CM with an approved development plan and binding elements under Docket 17 zone 1022.

7:06

The subject site is approximately 2.19 acres in the suburban marketplace corridor at the intersection of East Orel Avenue and Dixie Highway.

7:17

So this is the approved plan showing the uh many warehouses from 2017, and the 2022 approved plan again showing uh many warehouses, and then the proposed plan is to have some storage areas and then a little bit of mini warehouse.

7:40

So this is the subject site.

7:45

Different view of this of the subject site.

7:52

Uh the planning commission held a public hearing on January 5th, 2023.

7:56

Uh, no one spoke in opposition, and there was a motion to recommend approval of the revised plan by a vote of seven to zero.

8:04

And that's all I have.

8:05

Are there any questions?

8:09

I just have a question.

8:10

This was this a case where there was was there enforcement action or something?

8:14

Is that why the case is in front of us?

8:16

So there was a binding element that um said that any changes would have to come back to Metro Council, and over time they uh they did uh add on a or proposed a building a storage building, and then uh the binding element was missed early on, and so now they wanted to do something different, and that proposed change had to come back for before Metro Council to address that binding element.

8:46

Um can we go back to those the pictures?

8:49

Yeah, um yeah, go inside the one inside the lot, and those those are the type of trailers I take it.

8:57

Yes, and those are what are those the trailers that are permitted in this new zoning classification?

9:05

So those the new zoning classification meaning the truck parking.

9:11

Um so it it depends on the axles of uh how many axles they have.

9:16

So this would be one of those that would be permitted.

9:22

That would be permitted, yes.

9:23

Okay, all right.

9:26

This has multiple axles, like double axles.

9:31

Okay.

9:32

Um I think I need to recognize uh Travis Feaster, the county attorney at this point in time.

9:40

And unless someone else has questions, no one's in the queue.

9:44

Does anybody else have any questions or comments?

9:50

Go ahead, Councilman Bestone.

9:52

Sorry, thank I'm I guess I'm trying to understand exactly or is this needs to be rezoned or is it going up for or is he redeveloping the property?

Discussion Breakdown — Share of Meeting

Zoning Regulation█████████████████████████████████████████████75%

Procedural████7%

Public Safety███5%

Public Engagement███5%

Community Engagement███5%

Affordable Housing█2%

Transportation Safety█1%

Summary of Proceedings

Louisville Metro Planning & Zoning Committee Meeting - March 21, 2023

The Louisville Metro Planning and Zoning Committee met on March 21, 2023, at 1:00 PM in Council Chambers, adjourning at 2:23 PM. The committee considered seven pending zoning and development plan ordinances, held one item, and received a presentation on future discussion topics. Notable actions included a rare motion to forward a zoning case without recommendation and a failed amendment to deny a revised development plan.

Consent Calendar

None. All items were discussed individually.

Public Comments & Testimony

No public testimony was heard during the committee meeting; all public comments were previously submitted to the Planning Commission record.

Discussion Items

O-022-23 (1920 & 1922 Herr Lane, 8.11 acres): Request to rezone from R4 to R5A for a 72-unit townhome project. The property straddles Louisville Metro and Graymoor-Devondale, with the majority in Graymoor-Devondale. Council Member Paula McCraney (D-7) noted that the Graymoor-Devondale council was meeting that evening and requested deferral. Due to time constraints (next committee not until April 18, after the April 13 council meeting), the committee voted 8-0 (with one present) to forward the ordinance to Metro Council without a committee recommendation, allowing the council to act after Graymoor-Devondale’s decision. This is the second such occurrence in 20 years according to Chair Flood.
O-031-23 (768, 810, 850 Barret Ave & 1235 E Breckinridge St, 9.67 acres): Rezone from OR2, C2, R6 to Planned Development District (PDD) for mixed-use development at the former Urban Government Center. Council Member Phillip Baker (D-6) spoke in strong support, citing due diligence on traffic studies, affordable housing spread throughout the site, community benefits agreement, and a unanimous 7-0 Planning Commission recommendation. The committee voted 7-0 (with one present) to recommend approval.
O-032-23 (814 Vine St, 2.1014 acres): Planned Development Option and Pattern Book for 20 single-family lots (parking lot redevelopment). Related to O-031-23. Council Member Baker again supported. Committee voted 7-0 (with one present) to recommend approval.
O-037-23 (7717 & 7721 St. Andrews Church Road, 1.97 acres, as amended): Previously tabled; motion to untable passed 6-0 (with one present, one absent). Discussion centered on a proposed Dollar General store and neighborhood concerns about private road access (Cardinal Oaks Drive) and a bridge. County Attorney Travis Fiechter clarified ownership of Cardinal Oaks Drive as a common driveway owned by condo owners, with no obligation to grant access. Committee voted 6-0 (with one present) to recommend approval.
O-046-23 (223 & 225 S Spring St, 0.2122 acres): Rezone from R6/C1 to C1 for expansion of a bakery/cafe and addition of a short-term rental unit in Irish Hill. Council Member Andrew Owen (D-9) spoke in favor, calling it an example of a small local business to support. Committee voted 7-0 to recommend approval.
O-047-23 (3500 Lees Lane, 95.7 acres): Zoning and form district change; held in committee without discussion.
O-013-23 (11905 Dixie Highway, 2.19 acres): Revised Detailed District Development Plan for a trailer sales and storage business. A contentious item. Council Member Cindi Fowler (D-14) and County Attorney Travis Fiechter introduced a proposed amendment by substitution to deny the plan, citing ongoing violations of binding elements (trailers over 16 feet) and a history of non-compliance. The committee debated whether to overturn the Planning Commission’s unanimous 7-0 approval. The amendment failed 2-5 (Ruhe, Flood yes; Baker, Chappell, Reed, Engel, Batshon no). The original motion to recommend approval then passed 4-3 (Baker, Reed, Engel, Batshon yes; Chappell, Ruhe, Flood no; Reno-Weber present). Fowler warned that if approved, a zoning officer would cite the developer the next day for non-compliance.
R-009-23 (Resolution requesting Planning Commission review of LDC regulations for revised development plans): Held in committee.
Special Discussion (ID 23-0160): Emily Liu, Director of Planning and Design Services, announced that future committee discussions will cover the Board of Zoning Adjustment and zoning enforcement.

Key Outcomes

O-022-23: Forwarded to Metro Council without recommendation (8-0).
O-031-23: Recommended for approval (7-0).
O-032-23: Recommended for approval (7-0).
O-037-23: Untabled and recommended for approval (6-0).
O-046-23: Recommended for approval (7-0).
O-047-23: Held in committee.
O-013-23: Amendment to deny failed (2-5); original ordinance recommended for approval (4-3).
R-009-23: Held in committee.
All items sent to Old Business will be heard before the full Metro Council on April 13, 2023.

Meeting Transcript

Petrol TV will begin in approximately forty-five seconds. Good afternoon, and welcome to Planning and Zoning. I'm Councilwoman Madonna Flood, Chair of the Committee. I'm joined by my vice chair today, Councilman Scott Reed, by committee members, Councilman Philip Baker, Councilman Ben Reno Weber, who's a new addition to the committee. Welcome. Council Councilmember Betsy Grewey, Councilmember Robin Ingle, Councilmember Khalil Batchon, and Councilwoman Jennifer Chapel. We're also joined virtually by Councilmanwoman Cindy Fowler. She has a piece of legislation in her district, and we're going to take that item first, and I think that's item number seven. Um give you a few minutes or a few seconds to whatever you need to call that one up. Also, this meeting is being held pursuant to KRS 61.826 and council rule 5A. Go ahead. Okay. Oh, first order of business. I guess I better read it into the record. This is an ordinance relating to the revised district development plan for property located at one one z 11905 Dixie Highway, containing approximately 2.19 acres and being in Louisville Metro case number 22 DDP 0078. Motion to approve. Secondary. Properly moved by Councilman Ingall and seconded by Councilman. Excuse me, moved by Councilman Ingall and seconded by Councilman Reed. We're ready for discussion, Julia. Julia Williams, planning and design services staff. This is case number 22 DDP 78. This is located in Council District 14 in uh southwest Jefferson County. Better no better. Okay. All right. So this is the aerial view of the site. Uh the existing use is commercial and industrial, and the proposed use is also commercial industrial. Uh this is the zoning for the sites. Currently zone CM in the suburban marketplace corridor form district along Dixie Highway. Uh the request is a revived revised detailed district development plan with revisions to binding elements. The applicant is proposing to add a trailer sales and storage business to a site that is currently under development for mini storage in the Valley Station area of southwestern Jefferson County uh Louisville Metro. Uh the site was rezoned to CM with an approved development plan and binding elements under Docket 17 zone 1022. The subject site is approximately 2.19 acres in the suburban marketplace corridor at the intersection of East Orel Avenue and Dixie Highway. So this is the approved plan showing the uh many warehouses from 2017, and the 2022 approved plan again showing uh many warehouses, and then the proposed plan is to have some storage areas and then a little bit of mini warehouse. So this is the subject site. Different view of this of the subject site. Uh the planning commission held a public hearing on January 5th, 2023. Uh, no one spoke in opposition, and there was a motion to recommend approval of the revised plan by a vote of seven to zero. And that's all I have. Are there any questions? I just have a question. This was this a case where there was was there enforcement action or something? Is that why the case is in front of us? So there was a binding element that um said that any changes would have to come back to Metro Council, and over time they uh they did uh add on a or proposed a building a storage building, and then uh the binding element was missed early on, and so now they wanted to do something different, and that proposed change had to come back for before Metro Council to address that binding element. Um can we go back to those the pictures? Yeah, um yeah, go inside the one inside the lot, and those those are the type of trailers I take it. Yes, and those are what are those the trailers that are permitted in this new zoning classification? So those the new zoning classification meaning the truck parking. Um so it it depends on the axles of uh how many axles they have.

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