Planning and Zoning Committee

601 W. Jefferson Street Louisville Metro Government Louisville, KY 40202 Action Summary - Final Planning and Zoning Committee Chair Person Madonna Flood (D-24) Vice Chair Scott Reed (R-16) Committee Member Barbara Shanklin (D-2) Committee Member Keisha Dorsey (D-3) Committee Member Kevin Triplett (D-15) Committee Member Markus Winkler (D-17) Committee Member Robin Engel (R-22) Tuesday, June 18, 2019 1:30 PM Council Chambers Call to Order Chair Person Flood called the meeting to order at 1:34 p.m. Roll Call Chair Person Flood introduced the committee members and non-committee members present. A quorum was established. Committee Member Engel arrived at 1:37 p.m. Present: 7 - Chair Person Madonna Flood (D-24), Vice Chair Scott Reed (R-16), Committee Member Barbara Shanklin (D-2), Committee Member Keisha Dorsey (D-3), Committee Member Kevin Triplett (D-15), Committee Member Markus Winkler (D-17), and Committee Member Robin Engel (R-22) Non-Committee Member(s) Council Member Barbara Sexton Smith (D-4) Support Staff Paul Whitty, Jefferson County Attorney's Office Clerk(s) David B. Wagner, Assistant Clerk Louisville Metro Government Page 1 Planning and Zoning Committee Action Summary - Final June 18, 2019 Pending Legislation 1. O-180-19 AN ORDINANCE CLOSING A 15 FOOT ALLEY AT 2070 EASTERN PARKWAY AND BEING IN LOUISVILLE METRO (CASE NO. 18STREETS1029). Sponsors:Primary Madonna Flood (D-24) Attachments: 18STREETS1029.pdf O-180-19 V.1 061319 Closure of 15' Alley at 2070 Eastern Pkwy 18STREETS1029.pdf O-180-19 V.1 061319 ATTACH Alley Closure Plat 18STREETS1029.pdf 18STREETS1029_legal desc.pdf 18STREETS1029_Plat.pdf 18STREETS1029_Minutes.pdf 18STREETS1029_staff rpts.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Shanklin, 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: Yes: 7- Flood, Reed, Shanklin, Dorsey, Triplett, Winkler, and Engel Louisville Metro Government Page 2 Planning and Zoning Committee Action Summary - Final June 18, 2019 2. O-165-19 AN ORDINANCE CHANGING THE ZONING FROM OR-3 OFFICE-RESIDENTIAL TO C-2 COMMERCIAL ON PROPERTIES LOCATED AT 13811 WICKHAM GREEN WAY, 13820 OLD HENRY ROAD, 2600 JAMES THORNTON WAY, AND 2401 TERRA CROSSING BOULEVARD CONTAINING A TOTAL OF 8.37 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1055) (AS AMENDED). Sponsors:Primary Madonna Flood (D-24) Attachments: O-165-19 V.2 CAM 061819 Rezoning from OR3 to C2 at 13811 Wickham Green Way, 13820 Old Henry Rd, 2600 James Thornton Way and 2401 Terra Crossing Blvd 18ZONE1055.pdf 18ZONE1055.pdf O-165-19 V.1 052319 Rezoning from OR3 to C2 at 13811 Wickham Green Way, 13820 Old Henry Rd, 2600 James Thornton Way and 2401 Terra Crossing Blvd 18ZONE1055.pdf 18ZONE1055_PC min 04.18.19.pdf 18ZONE1055_LDT min 03.14.19.pdf 18ZONE1055_staff rpts.pdf 18ZONE1055_appl justification stmt.pdf 18ZONE1055_Approved Plan_04.18.19.pdf 18ZONE1055_legal desc A.pdf 18ZONE1055_traffic study.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Winkler, 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 the following statement on behalf of Council Member Anthony Piagentini: "Councilman Piagentini unfortunately is out of town on business and unable to attend today's committee meeting. He is in favor of the development. However, there is an intersection that he found a little troublesome and he has worked with Paul Whitty - and the developers are aware of this with no objections - to add an additional binding element." Paul Whitty, Jefferson County Attorney's Office, spoke to the item. A motion was made by Chair Person Flood, seconded by Committee Member Triplett, that this Ordinance be amended by adding the following Binding Element: "The applicant shall install way-finding signage within the traffic circle on James Thornton Way and at the access points on Tract 1 on Wickham Green Way and James Thornton Way advising drivers at the lighted intersection at Bush Farm Road and encouraging east bound traffic to use Bush Farm Road when exiting this site." Louisville Metro Government Page 3 Planning and Zoning Committee Action Summary - Final June 18, 2019 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: Yes: 7- Flood, Reed, Shanklin, Dorsey, Triplett, Winkler, and Engel 3. O-181-19 AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 1460-1464 DIXIE HIGHWAY CONTAINING 0.21 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1091). Sponsors:Primary Madonna Flood (D-24) Attachments: 18ZONE1091.pdf O-181-19 V.1 061319 Rezoning from C1 to C2 at 1460-1464 Dixie Hwy 18ZONE1091.pdf 18ZONE1091_PC Minutes_05.09.19.pdf 18ZONE1091_LDT Minutes_04.11.19.pdf 18ZONE1091_staff rpts.pdf 18ZONE1091_appl justification stmt.pdf 18ZONE1091_ApprovedPlan_05.09.19.pdf 18ZONE1091_legal desc.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Shanklin, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. A motion was made by Committee Member Dorsey, seconded by Committee Member Engel, that this Ordinance be tabled. The motion to table carried by a voice vote. Louisville Metro Government Page 4 Planning and Zoning Committee Action Summary - Final June 18, 2019 4. O-182-19 AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 1149 SOUTH SHELBY STREET CONTAINING 0.1 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE1000). Sponsors:Primary Madonna Flood (D-24) Attachments: 19ZONE1000.pdf O-182-19 V.1 061319 Rezoning from C1 to C2 at 1149 S Shelby St 19ZONE1000.pdf 19ZONE1000_PC Minutes_05.09.19.pdf 19ZONE1000_LDT Minutes_04.11.19.pdf 19ZONE1000_staff rpts.pdf 19ZONE1000_appl justification stmt.pdf 19ZONE1000_ApprovedPlan_05.09.19.pdf 19ZONE1000_legal desc.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Shanklin, 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: District 4 Council Member Sexton Smith had a vote on this zoning case and voted YES. Yes: 7- Flood, Reed, Shanklin, Dorsey, Triplett, Winkler, and Engel Louisville Metro Government Page 5 Planning and Zoning Committee Action Summary - Final June 18, 2019 5. O-184-19 AN ORDINANCE CHANGING THE ZONING FROM R-4 SINGLE-FAMILY RESIDENTIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 4141 BARDSTOWN ROAD CONTAINING 1.09 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 18ZONE1016) (AS AMENDED). Sponsors:Primary Madonna Flood (D-24) Attachments: O-184-19 V.2 CAM 061819 Rezoning from R4 to C2 at 4141 Bardstown Rd 18ZONE1016.pdf 18zone1016.pdf O-184-19 V.1 061319 Rezoning from R4 to C2 at 4141 Bardstown Rd 18ZONE1016.pdf 18ZONE1016_PC Minutes_05.09.19.pdf 18ZONE1016_LDT Minutes_04.11.19.pdf 18ZONE1016_staff rpts.pdf 18ZONE1016_appl justification stmt.pdf 18ZONE1016_appl karst soil exhibit.pdf 18ZONE1016_applicants photos.pdf 18ZONE1016_Approved Plan_05.09.19.pdf 18ZONE1016_legal desc.pdf 18ZONE1016_staff presentation.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Shanklin, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. A motion was made by Chair Person Flood, seconded by Committee Member Triplett, that this Ordinance be amended by inserting "by the property owner of 4141 Bardstown Road" at the end of Binding Element #9. The motion to amend carried by a voice vote. Chair Person Flood read the following statement on behalf of Council Member Pat Mulvihill: "He wanted to point out that no one spoke against the zoning request at the Planning Commission and the Commissioners voted unanimously in favor of the request. Therefore, he has no objections to this zoning request or any questions concerning the zoning request." The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business: Yes: 7- Flood, Reed, Shanklin, Dorsey, Triplett, Winkler, and Engel Louisville Metro Government Page 6 Planning and Zoning Committee Action Summary - Final June 18, 2019 6. R-062-19 A RESOLUTION INITIATING A REVIEW OF THE DECISION OF THE PLANNING COMMISSION APPROVING A REVISED DISTRICT DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 7504, 7506, 7508 BEULAH CHURCH ROAD IN LOUISVILLE METRO. Sponsors:Primary James Peden (R-23) Attachments: R-062-19 V.1 061319 Review of PC Approval of RDDP at 7504-7508 Beulah Church Rd.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Shanklin, that this Resolution be recommended for approval. Brian Davis, Planning and Design Services, and Paul Whitty, Jefferson County Attorney's Office, spoke to the item. The motion carried by a voice vote and the Resolution was sent to the Consent Calendar. 7. O-075-19 AN ORDINANCE REPEALING AND REPLACING SECTION 6.2.6 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE RELATING TO SIDEWALK FEE IN LIEU AND SIDEWALK WAIVERS (CASE NO. 19AMEND1002) (AMENDMENT BY SUBSTITUTION) (AS AMENDED). Sponsors:Primary Madonna Flood (D-24) Attachments: O-075-19 V.3 CABS 061819 Repeal and Replace LDC 6.2.6 - Sidewalk Fee in Lieu 19AMEND1002.pdf O-075-19 PROPOSED CABS 061819 Repeal and Replace LDC 6.2.6 - Sidewalk Fee in Lieu 19AMEND1002.pdf O-075-19 V.2 CABS 043019 Repeal and Replace LDC 6.2.6 - Sidewalk Fee in Lieu 19AMEND1002.pdf O-075-19 HANDOUT PROPOSED CABS 043019 - Peden.pdf O-075-19.pdf O-075-19 V.1 030719 Amend LDC 6.2.6.B.1 - Sidewalk Fee in Lieu 19AMEND1002.pdf 19AMEND1002 PC Minutes.pdf 19AMEND1002 Staff Report.pdf A motion was made by Committee Member Engel, seconded by Vice Chair Reed, that this Ordinance be untabled. The motion carried without objection. The following spoke to the item: - Paul Whitty, Jefferson County Attorney's Office - John Torsky, District 23 Legislative Assistant - Joe Reverman, Planning and Design Services Louisville Metro Government Page 7 Planning and Zoning Committee Action Summary - Final June 18, 2019 A motion was made by Chair Person Flood, seconded by Committee Member Engel, that this Ordinance be amended by substitution with the attached document labeled 'O-075-19 PROPOSED CABS 061819 Repeal and Replace LDC 6.2.6 - Sidewalk Fee in Lieu 19AMEND1002.pdf'. The motion to amend by substitution 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: Yes: 7- Flood, Reed, Shanklin, Dorsey, Triplett, Winkler, and Engel Adjournment Without objection, Chair Person Flood adjourned the meeting at 2:19 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 June 25, 2019. Louisville Metro Government Page 8