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, November 12, 2019 1:00 PM Council Chambers THIS IS CONSIDERED A SPECIAL MEETING Call to Order Chair Person Flood called the meeting to order at 1:03 p.m. Roll Call Chair Person Flood introduced the committee members and non-committee members present. A quorum was established. Committee Member Dorsey arrived at 1:05 p.m. Vice Chair Reed left at 2:53 p.m. Present: 6- Chair Person Madonna Flood (D-24), Vice Chair Scott Reed (R-16), 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) Excused: 1- Committee Member Barbara Shanklin (D-2) Non-Committee Member(s) Council Member Barbara Sexton Smith (D-4), Council Member Brandon Coan (D-8), and Council Member Bill Hollander (D-9) Support Staff John Carroll, Jefferson County Attorney's Office Travis Fiechter, Jefferson County Attorney's Office Laura Ferguson, Jefferson County Attorney's Office Clerk(s) David B. Wagner, Assistant Clerk Connie Dearing, Assistant Clerk Louisville Metro Government Page 1 Planning and Zoning Committee Action Summary - Final November 12, 2019 Special Discussion 1. ID 19-1893 Review of the Landmarks Commission Designation of Holy Name Complex (2914 S. 3rd St. & 2911 S. 4th St. - 19DESGNATION1000) as a Local Landmark - THIS IS NOT A PUBLIC HEARING AND NO PUBLIC COMMENT WILL BE TAKEN Attachments: 19DESGNATION1000.pdf Transmittal_Holy Name Complex_All Docs.pdf FW Courtesy Copy Landmark Designation Review Notice - Holy Name Complex (19DESGNATION1000).pdf Holy Name Complex - Landmark Review Notice.pdf 19DESGNATION1000_Notice Mailing Labels.pdf The following spoke to the item: - Chair Person Flood - Cynthia Elmore, Develop Louisville, who also gave a presentation - Council Member Coan - Committee Member Dorsey - Committee Member Winkler - Committee Member Triplett Louisville Metro Government Page 2 Planning and Zoning Committee Action Summary - Final November 12, 2019 Pending Legislation 2. O-371-19 AN ORDINANCE CLOSING THE REMAINING PORTION OF OLD FACTORY LANE CONTAINING 9,435 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 19STRCLOSURE0005). Sponsors:Primary Madonna Flood (D-24) Attachments: 19-STRCLOSURE-0005.pdf O-371-19 V.1 110719 Closure of Remainder of Old Factory Ln 19STRCLOSURE0005.pdf O-371-19 V.1 110719 ATTACH Closure Plat 19STRCLOSURE0005.pdf 19-STRCLOSURE-0005 Staff Reports.pdf 19-STRCLOSURE-0005 Other Minutes.pdf 19-STRCLOSURE-0005 Legal Description.pdf 19-STRCLOSURE-0005 Oct. 17, 2019 PC Mins.pdf A motion was made by Committee Member Winkler, seconded by Committee Member Dorsey, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Chairperson Flood stated Council Member Anthony Piagentini (R-19) informed her that he had no objection to the request. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar: Yes: 6- Flood, Reed, Dorsey, Triplett, Winkler, and Engel Excused: 1- Shanklin Louisville Metro Government Page 3 Planning and Zoning Committee Action Summary - Final November 12, 2019 3. O-372-19 AN ORDINANCE CHANGING THE ZONING FROM R-4 SINGLE FAMILY RESIDENTIAL TO C-1 COMMERCIAL ON PROPERTY LOCATED AT 12903, 12910, AND 12920 FACTORY LANE CONTAINING 0.65 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0025). Sponsors:Primary Madonna Flood (D-24) Attachments: 19-ZONE-0025.pdf O-372-19 V.1 110719 Rezoning from R4 to C1 at 12903-12920 Factory Ln 19ZONE0025.pdf 19-ZONE-0025 Other Minutes.pdf 19-ZONE-0025 Staff Reports.pdf 19-ZONE-0025 Legal Description.pdf 19-ZONE-0025 Applicant Booklet.pdf 19-ZONE-0025 Plan.pdf 19-ZONE-0025 Oct. 17, 2019 PC Mins.pdf A motion was made by Committee Member Winkler, seconded by Committee Member Dorsey, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Chairperson Flood stated Council Member Anthony Piagentini (R-19) informed her that he had no objection to the request. The motion carried by the following vote and the Ordinance was sent to Old Business: Yes: 6- Flood, Reed, Dorsey, Triplett, Winkler, and Engel Excused: 1- Shanklin Louisville Metro Government Page 4 Planning and Zoning Committee Action Summary - Final November 12, 2019 4. O-373-19 AN ORDINANCE CHANGING THE ZONING FROM R-6 RESIDENTIAL MULTI-FAMILY AND OR-2 OFFICE-RESIDENTIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 768, 810, AND 850 BARRET AVENUE AND 1236 EAST BRECKENRIDGE STREET CONTAINING 9.6742 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0046). Sponsors:Primary Madonna Flood (D-24) Attachments: 19-zone-0046.pdf O-373-19 V.1 110719 Rezoning from R6 & OR2 to C2 at 768-850 Barret Ave 19ZONE0046.pdf 19-ZONE-0046 PC Minutes (1).pdf 19-ZONE-0046 Other Minutes.pdf 19-ZONE-0046 Staff Reports.pdf 19-ZONE-0046 Public Materials.pdf 19-ZONE-0046 Miscellaneous.pdf 19-ZONE-0046 Oct 17, 2019 PC Mins.pdf A motion was made by Committee Member Triplett, seconded by Committee Member Dorsey, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Council Member Sexton Smith also spoke to the item. A motion was made by Committee Member Engel, seconded by Committee Member Winkler, that this Ordinance be tabled. The motion to table carried by a voice vote. Louisville Metro Government Page 5 Planning and Zoning Committee Action Summary - Final November 12, 2019 5. O-374-19 AN ORDINANCE CHANGING THE ZONING FROM C-1 COMMERCIAL TO C-2 COMMERCIAL ON PROPERTY LOCATED AT 4910 POPLAR LEVEL ROAD CONTAINING 0.75 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0019). Sponsors:Primary Madonna Flood (D-24) Attachments: 19-ZONE-0019.pdf O-374-19 V.1 110719 Rezoning from C1 to C2 at 4910 Polar Level Rd 19ZONE0019.pdf 19-ZONE-0019 Other Minutes.pdf 19-ZONE-0019 Staff Reports.pdf 19-ZONE-0019 Legal Description.pdf 19-ZONE-0019 Plan.pdf 19-ZONE-0019 Oct. 17, 2019 PC Mins.pdf A motion was made by Committee Member Winkler, seconded by Vice Chair 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: Yes: 4- Flood, Reed, Winkler, and Engel Excused: 1- Shanklin Absent: 2- Dorsey, and Triplett Louisville Metro Government Page 6 Planning and Zoning Committee Action Summary - Final November 12, 2019 6. O-375-19 AN ORDINANCE CHANGING THE ZONING FROM R-5 RESIDENTIAL SINGLE FAMILY TO OR OFFICE/RESIDENTIAL ON PROPERTY LOCATED AT 3822 TAYLORSVILLE ROAD AND 3004 MELBOURNE AVENUE CONTAINING 50,000 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0029). Sponsors:Primary Madonna Flood (D-24) Attachments: 19-ZONE-0029.pdf O-375-19 V.1 110719 Rezoning from R5 to OR at 3822 Taylorsville Rd & 3004 Melbourne Ave 19ZONE0029.pdf 19-ZONE-0029 PC Mins (1).pdf 19-ZONE-0029 Other Minutes.pdf 19-ZONE-0029 Staff Reports.pdf 19-ZONE-0029 Legal Description.pdf 19-ZONE-0029 Finding of Facts.pdf 19-ZONE-0029 Justification Statement.pdf 19-ZONE-0029 Applicant Booklet.pdf 19-ZONE-0029 Plan.pdf 19-ZONE-0029 Oct. 17, 2019 PC Mins.pdf A motion was made by Committee Member Winkler, seconded by Committee Member Dorsey, that this Ordinance be recommended for approval. Brian Davis, Planning and Design Services, spoke to the item and gave a presentation. Chair Person Flood also spoke to the item. The motion carried by the following vote and the Ordinance was sent to Old Business: Yes: 5- Flood, Reed, Dorsey, Winkler, and Engel Excused: 1- Shanklin Absent: 1- Triplett Louisville Metro Government Page 7 Planning and Zoning Committee Action Summary - Final November 12, 2019 7. O-377-19 AN ORDINANCE CLOSING AN UNNAMED ALLEY EAST OF ETLEY AVENUE AND BEING IN LOUISVILLE METRO (CASE NO. 18STREETS1021). Sponsors:Primary Madonna Flood (D-24) Attachments: O-377-19 V.1 110719 Closure of Unnamed Alley E of Etley Ave 18STREETS1021.pdf O-377-19 V.1 110719 ATTACH Closure Plat 18STREETS1021.pdf 18STREETS1021 Staff Report.pdf 18STREETS1021 Legal Description.pdf 18STREETS1021 Oct. 17, 2019 PC Mins.pdf This item was held in committee. 8. O-378-19 AN ORDINANCE CHANGING THE ZONING FROM C-2 COMMERCIAL TO PDD PLANNED DEVELOPMENT DISTRICT ON PROPERTY LOCATED AT 2294, 2300, 2338, (TB 74A LOTS 12 & 15), & 2340 LEXINGTON ROAD & 2501, 2503, 2509, 2511, & 2515 GRINSTEAD DRIVE CONTAINING 3.523 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 16ZONE1044). Sponsors:Primary Madonna Flood (D-24) Attachments: O-378-19 V.1 110719 Rezoning from C2 to PDD at 2294-2340 Lexington Rd & 2501-2515 Grinstead Dr 16ZONE1044.pdf 16ZONE1044 PC Minutes (1).pdf 16ZONE1044 Other Minutes.pdf 16ZONE1044 LDT Minutes.pdf 16ZONE1044 LDT Staff Report.pdf 16ZONE1044 Staff Reports.pdf 16ZONE1044 Legal Description.pdf 16ZONE1044 Applicant Justification.pdf 16ZONE1044 Traffic Study.pdf 16ZONE1044 Neighborhood Plan.pdf 16ZONE1044 Booklet.pdf 16ZONE1044 Pattern Book.pdf 16ZONE1044 Public Materials (1).pdf 16ZONE1044 Public Materials (2).pdf 16ZONE1044 Plan.pdf 16ZONE1044 Oct. 17, 2019 PC Mins.pdf This item was held in committee. Louisville Metro Government Page 8 Planning and Zoning Committee Action Summary - Final November 12, 2019 9. O-356-19 AN ORDINANCE CLOSING A PORTION OF SOUTH 4TH STREET BETWEEN OAKDALE AVENUE AND AN UNNAMED ALLEY APPROXIMATELY 1,232 FEET SOUTH OF THE OAKDALE AVENUE INTERSECTION AND BEING IN LOUISVILLE METRO (CASE NO. 19STREETS1002). Sponsors:Primary Madonna Flood (D-24) Attachments: 102919 19STREETS1002.pdf O-356-19 V.1 102419 Closing Portion of S 4th St between Oakdale Ave and Unnamed Alley 19STREETS1002.pdf O-356-19 V.1 102419 ATTACH Street Closure Plat 19STREETS1002.pdf 19STREETS1002 Staff Reports.pdf 19STREETS1002 PC Minutes.pdf 19STREETS1002 LDT Minutes.pdf 19STREETS1002 Legal Description.pdf A motion was made by Committee Member Winkler, seconded by Committee Member Dorsey, that this Ordinance be untabled. The motion carried without objection. The following spoke to the item: - Brian Davis, Planning and Design Services, who also gave a presentation - Committee Member Dorsey - Vice Chair Reed - Jeff Brown, Public Works and Assets - Council Member Sexton Smith The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business: Yes: 5- Flood, Reed, Triplett, Winkler, and Engel Present: 1- Dorsey Excused: 1- Shanklin A motion was made by Committee Member Engel, seconded by Committee Member Winkler, that this Ordinance be reconsidered. The motion to reconsider carried without objection. Committee Member Triplett stated he would abstain from voting on this item due to a potential conflict of interest. The motion to recommend for approval carried by the following vote and the Ordinance was sent to Old Business: Yes: 4- Flood, Reed, Winkler, and Engel Present: 1- Dorsey Excused: 1- Shanklin Louisville Metro Government Page 9 Planning and Zoning Committee Action Summary - Final November 12, 2019 Abstain: 1- Triplett 10. O-259-19 AN ORDINANCE AMENDING THE METRO LAND DEVELOPMENT CODE RELATING TO TREES AND TREE CANOPY (19AMEND1003)(AS AMENDED). Sponsors:Primary Bill Hollander (D-9) and Primary Madonna Flood (D-24) Attachments: O-259-19 V.2 CAM 111219 Case No 19AMEND1003.pdf 19amend1003_MC PRES_102919.pdf 19amend1003_MC PRES_101519.pdf O-259-19 V.1 082219 Case No 19AMEND1003.pdf 19AMEND1003.pdf 19AMEND1003_Davey Urban Tree Canopy Assessment 2015.pdf 19amend1003_Ordinance_072619.pdf 19AMEND1003_other min.pdf 19AMEND1003_pc hearing 07.24.2019 mins.pdf 19amend1003_Planning Committee minutes.pdf 19amend1003_Public Comment and Presentations.pdf 19AMEND1003_staff reports.pdf Tree Removal Permit Example.pdf A motion was made by Committee Member Winkler, seconded by Committee Member Engel, that this Ordinance be untabled. The motion carried without objection. Julia Williams, Planning and Design Services, spoke to the item and gave a presentation. A motion was made by Chair Person Flood, seconded by Committee Member Dorsey, that this Ordinance be amended as follows: - Strike "that existing tree canopy coverage" and insert "the site area covered with existing tree canopy" at the end of the second sentence of the second paragraph in Subsection 10.1.4A on Page 4 The motion to amend carried by a voice vote. The following spoke to the item: - Council Member Hollander - Council Member Sexton Smith - Committee Member Winkler - Chair Person Flood - Council Member Coan Louisville Metro Government Page 10 Planning and Zoning Committee Action Summary - Final November 12, 2019 A motion was made by Committee Member Winkler, seconded by Vice Chair Reed, that this amended Ordinance be amended as follows: - Strike "30" and insert "50" in Line 18 of Subsection 10.2.8A on Page 11 The motion to amend carried by a voice vote. A motion was made by Committee Member Winkler, seconded by Committee Member Triplett, that this amended Ordinance be amended as follows: - Insert "Trees within major subdivisions may be planted on private lots as shown on the approved landscape plan. Those trees shall be used to calculate the overall tree canopy for a major subdivision. Enforcement for trees planted on private lots pursuant to an approved landscape plan shall occur only if the overall major subdivision is not meeting the minimum tree requirement." at the end of Subsection 10.1.5C The motion to amend carried by a voice vote. Committee Member Engel and Vice Chair Reed spoke to the item. A motion was made by Committee Member Dorsey, seconded by Committee Member Winkler, that this amended Ordinance be tabled. The motion to table carried without objection. 11. O-340-19 AN ORDINANCE APPROVING THE SOUTH FLOYDS FORK VISION PLAN AND APPROVING ITS EXECUTIVE SUMMARY AS AN AMENDMENT TO THE PLAN 2040 COMPREHENSIVE PLAN (CASE NO. 19AREAPLAN0002). Sponsors:Primary Madonna Flood (D-24) Attachments: O-340-19 V.1 101019 South Floyds Fork Vision Plan 19AREAPLAN0002.pdf 19AREAPLAN0002 south_floyds_fork_executive_summary.pdf 102919 South Floyds Fork Metro Council.pdf 19AREAPLAN0002_Public Materials.pdf 19AREAPLAN_Minutes.pdf 19AREAPLAN0002_Legal Description.pdf 19AREAPLAN0002 South Floyds Fork Vision Plan PC Staff Report.pdf 19AREAPLAN0002 south_floyds_fork_plan.pdf 19AREAPLAN0002 south_floyds_fork_appendix.pdf This item remained tabled in committee. Louisville Metro Government Page 11 Planning and Zoning Committee Action Summary - Final November 12, 2019 12. O-370-19 AN ORDINANCE AMENDING SECTION 6.1.3 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING ACCESS ROADWAYS FOR RESIDENTIAL DEVELOPMENTS (CASE NO. 19-LDC-0001). Sponsors:Primary Madonna Flood (D-24) Attachments: O-370-19 V.1 110719 Amend LDC 6.1.3 for Access Roadways for Residential Developments 19LDC0001.pdf O-370-19 V.1 110719 ATTACH Amend LDC 6.1.3 19LDC0001.pdf 19-LDC-0001 Staff Report.pdf 2019.10.17 Amended PC Minutes Case No. 19-LDC-0001.pdf This item was held in committee. Special Discussion The following spoke to potential schedule changes for the final Planning and Zoning Committee meeting of the year due to the high volume of cases to be transmitted from Planning and Design Services: - Chair Person Flood - Emily Liu, Planning and Design Services - Committee Member Engel Adjournment Without objection, Chair Person Flood adjourned the meeting at 3:00 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 November 21, 2019. Louisville Metro Government Page 12