[00:00:32] LA. UM. SHE LET YOU HAVE A QUORUM WHENEVER YOU'RE READY. THANK YOU. METRO TV WILL BEGIN IN APPROXIMATELY 45 SECONDS. YOU GO EVERY YEAR. CHAIR. FLOOD YOU HAVE, UH, COUNCILMAN BET ON COUNCILMAN OWEN COUNCIL REO WEBER AND COUNCILMAN BAKER IN CHAMBERS AND TRAVIS. HOW. CHAMBERS. ARE YOU READY TO START? WE'RE READY. GREAT. THANK YOU. GOOD AFTERNOON AND WELCOME [Call to Order] TO PLANNING AND ZONING COMMITTEE AND COUNCILWOMAN MADONNA FLOOD CHAIR OF THE COMMITTEE. I'M [Roll Call] JOINED BY MY VICE CHAIR COUNCILMAN SCOTT REED, BY COUNCIL MEMBER UH COUNCILMAN PHILIP BAKER COUNCIL. BEN RENO WEBER COUNCILMAN ANDREW OWEN, COUNCILMAN KHALIL BEAN AND COUNCILMAN ROBIN INGLE HAS AN EXCUSED ABSENCE FOR TODAY'S MEETING. UH, YOU READ THE DISCLAIMER. CHERYL PLEASE. THIS MEETING HAS BEEN HELD PURSUANT TO KR 61.2826 IN COUNCIL ROOM FIVE, A R FOUR. THANK YOU, CHERYL. OUR FIRST ORDER OF BUSINESS IS AN ORDINANCE RELATED [1. O-032-24     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 4525 CANE RUN ROAD CONTAINING APPROXIMATELY 1.08 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 23ZONE0096). Action Required By:  April 18, 2024 **Council Member Tammy Hawkins (D-1) can vote on this zoning change**  Sponsors: Madonna Flood (D-24) ] TO THE ZONING OF PROPERTY LOCATED AT 4525 K RUN ROAD AND CONTAINING APPROXIMATELY 1.08 ACRES AND BEING LOUISVILLE METRO CASE NUMBER 23 ZONE 0096. SECOND . I NEED A MOTION IN A SECOND MOTION. PROPERLY MOVED IN SECOND . UM BEFORE WE MOVE FORWARD, CHERYL ARE THE COUNTY ATTORNEYS, UH IN CHAMBERS. YES MA'AM. TRAVIS IS IN CHAMBERS. OK? I DIDN'T SEE HIM. OK, GO AHEAD. I'M SORRY, BRIAN. NO, NO PROBLEM . GOOD AFTERNOON. BRIAN DAVIS LAW METRO, UH, OFFICE OF PLANNING. AND SHE IF YOU COULD TURN ON MY PRESENTATION, PLEASE. THANK YOU VERY MUCH. THIS IS PLANNING COMMISSION. DOCKET NUMBER 23 ZONE 96 FOR DEBS AUTO. UH, THE PROPERTY IS LOCATED AT 4525 CAN RUN ROAD IS LOCATED METRO COUNCIL DISTRICT ONE THIS IS AN AERIAL PHOTO OF THE SITE, UH, THAT YOU CAN SEE THE, UH, SINGLE FAMILY RESIDENCE THAT IS LOCATED AT THE FRONT OF THE PROPERTY. UH, THE APP IS PROPOSING TO CHANGE THE USE TO COMMERCIAL UH, THIS IS AN AREA UM OR OR ZONING MAP OF THE AREA. UH, YOU CAN SEE THERE ARE PORTIONS OF CANRON ROAD TO THE NORTH AND TO THE SOUTH THAT ARE COMMERCIALLY ZONED. UH, YOU HAVE A SINGLE FAMILY TO THE EAST AND THEN YOU HAVE A SINGLE FAMILY AND MULTIFAMILY TO THE WEST. UH, THE, UH, THE PROPER OUTLINED IN RED HERE IS CURRENTLY ZONED R FOUR. THEY ARE REQUESTING TO CHANGE TO AC TWO. SO THE REQUEST BEFORE YOU CHANGE IN ZONING FROM R FOUR TO C TWO ON THE, UH, 1.08 ACRE PROPERTY. UH, CURRENTLY DEVELOPED WITH THE SINGLE FAMILY RESIDENTIAL, WHICH YOU SAW IN THE AERIAL PHOTO. UH, THERE IS A SMALL OFFICE AND THEN AN AUTO DETAILING SHOP ON THE SITE. UH, THE PROPOSAL IS TO CONTINUE USING THE SITE FOR AUTO SALES AND REPAIR. UH, AND BRING THE USE INTO COMPLIANCE WITH ZONING. [00:05:01] UH THE CANE NEIGHBORHOOD PLAN STUDY AREA OR THE PROPERTY IS LOCATED WITHIN THE CANE. RUN UM, ROAD NEIGHBORHOOD PLAN. UH, BUT THERE IS NO SPECIFIC RECOMMENDATIONS FOR THE SITE IN THAT NEIGHBORHOOD. UH, PLAN. THIS IS A DEVELOPMENT PLAN THAT'S PROVIDED BY THE APPLICANT CAN RUN ROAD IS ON THE LEFT SIDE OF THE PHOTO. UH THEY, UH, THE SINGLE FAMILY STRUCTURE IS LOCATED HERE. UH THEN THEY HAVE, UM, ARE PROPOSING TO HAVE VEHICLE UH UH, SALES DISPLAY BEHIND THE STRUCTURE. UH UH, BETWEEN THE PRIMARY STRUCTURE AND THE, UH, AND THE ACCESS BUILDING, WHICH IS ON THE SITE, UH, WHERE THEY WOULD BE DOING, UH, SOME OF THE, UH, REPAIR AND THE DETAIL WORK. THIS IS A PHOTO OF THE SITE LOOKING FROM CANE RUN ROAD, UH, AT THE, UM AT THE SINGLE FAMILY STRUCTURE THAT EXISTS AT THE FRONT OF THE PROPERTY. UH, THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON MAY 1ST 2023. THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE MEETING WAS ON DECEMBER 14TH 2023 AND THEN THE PLANNING COMMISSION'S PUBLIC HEARING WAS ON JANUARY 18TH 2024 . THE PLANNING COMMISSION'S MOTION WAS TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM OUR FOUR TO C TWO AND THAT PASSED BY A VOTE OF 6 TO 2 AND THAT'S ALL THAT I HAVE. I HAVE QUESTIONS FOR ME. THANK YOU, BRIAN. UM I'LL START WITH THE FIRST QUESTION IS THIS UM THERE'S THAT YOU SAID. THEY'RE TRYING TO BRING THE PROPERTY IN COMPLIANCE . SO I TAKE IT. THEY WERE CITED FOR RUNNING A BUSINESS IN A RESIDENTIAL AREA. UH, WE DID NOT HAVE AN OFFICIAL, UH, VIOLATION OR CITATION ISSUED ON THIS PROPERTY. NO THIS WAS, UM THE APPLICANT CAME IN VOLUNTARILY TO, UM TO BRING IT INTO COMPLIANCE. UM AND, UM. IS THERE GONNA BE ANY TYPE OF FENCING FOR CARS WAITING TO BE REPAIRED? LET ME LOOK AT THE PLAN REAL FAST. I DIDN'T SEE ANY ANYTHING. UM. UNDER THE BINDING ELEMENTS OR ANYTHING STATING ANYTHING. SO I'M JUST WANTING TO. YEAH EVERYTHING BEHIND THE, UH, THE EXISTING SINGLE FAMILY STRUCTURE IS FENCED AND YOU CAN KIND OF SEE THAT ON THE AERIAL WHERE THEY HAVE, UM, LIKE A FENCE THAT THAT ALREADY GOES FROM THE FROM THE BACK OF THE HOUSE TO THE BACK OF THE PROPERTY ALONG BOTH PROPERTY LINES SO IT WILL BE FENCED IN BUT THEY'RE NOT GONNA PARK ANYTHING OUT FRONT IN THAT HUGE PARKING AREA. UH, JUST, UH, IT IT IS LISTED FOR JUST PARKING . SO UH, YOU KNOW, SO GENERAL PARKING FOR THE USE OF THE SITE WOULD BE IN FRONT OF, BUT THEY WOULD NOT. THERE. THERE WOULD BE , UH, YOU KNOW, ONE SPOT FOR THE HOUSE THAT'S LOCATED THERE IN FRONT OF THE, UH, IN FRONT OF THE STRUCTURE, BUT NO, NO OTHER, UH, VEHICLES WILL BE PARKED OUT IN FRONT OF THE, UH, THE EXISTING HOUSE. OK UH, CHERYL, YOU, UH AND SO YOU MAY HAVE TO HELP ME ON THIS BECAUSE ON MY, UM ONE OF THE, UH, IPAD, IT'S STILL SHOW SHOWING THAT YOU'RE WAITING OR WAITING FOR THE ORDINANCE. UH, WAITING ON THE ORDINANCE PORTION, AND I CAN'T SEE IF ANYBODY'S, UH, LOGGED IN TO ASK QUESTIONS. ONE SECOND, UM I DEF, UM, I KNOW. COUNCILWOMAN HAWKINS WOULD LIKE TO SPEAK. AND THEN YOU ALSO, I DIDN'T EVEN KNOW AND THEN YOU HAVE COUNT COUNCILMAN BAKER AS WELL. OK UM, LET THE RECORD SHOW I DID NOT SEE COUNCILWOMAN HAWKINS, UM, IN THE AUDIENCE WHEN WE WERE STARTING, SO SHE'S I'M SURE BEEN HERE SINCE WE STARTED. YES AND THEN COUNCILMAN BAKER DOES NOT WANT TO SPEAK. BUT COUNCILWOMAN HAWKINS DOES. THANK YOU. OK, UH, WE ASK COUNCILWOMAN HAWKINS. UM. SO IT LOOKS LIKE THAT, UM THE PREVIOUS OWNER WAS NOT DOING THINGS RIGHT? AND IT LOOKS LIKE THAT. THIS IS A NEW OWNER THAT'S TAKEN OVER THAT IS TRYING TO COME IN COMPLIANCE AND DO THE RIGHT THING IS WHAT I'M GATHERING. CORRECT THAT'S CORRECT. YES EXACTLY. SO AS LONG AS SOMEONE IS TRYING TO COME IN AND DO EXACTLY WHAT THEY NEED TO DO, UM, TO BRING EVERYTHING IN COMPLIANCE, UH, I DON'T HAVE ANY ISSUES. AND. COUNCILMAN HAWKINS, WOULD YOU, UM, OPEN TO THERE IS A BINDING ELEMENT CORRECT. UH THERE ARE YEAH, THE PLANNING COMMISSION ADDED A NUMBER OF BINDING ELEMENTS THAT WERE RELATED TO, YOU KNOW, MAKING SURE THAT CARS WOULD BE, UH, WOULD BE, YOU KNOW, PARKED BEHIND THE RESIDENTIAL STRUCTURE . UH, THERE'S A BINDING ELEMENT THAT SAYS THAT THE, UH THE RESIDENTS CAN'T BE USED AS A SHORT TERM RENTAL. UH, SO THERE ARE A NUMBER OF BINDING ELEMENTS THAT WERE ADDED BY THE PLANNING COMMISSION. UH, WHICH YOU CAN SEE IN THE, UH, IN THE PLAY ENGLISH IN MINUTES. ALL RIGHT. THANK YOU. COUNCILMAN HAWKINS, WOULD YOU BE OPEN TO ADDING OUR STANDARD BINDING ELEMENT IF THERE'S A CHANGE IN THE PLAN OR CHANGE IN USE SINCE IT'S C TWO, AND I, UH, RESIDENTIAL AREA THAT IT IF THERE'S A CHAIN, YOU KNOW OUR STANDARD BY NOW, BUT THERE'S ANY CHANGES COMES BACK IN FRONT OF THE METRO COUNCIL. DEFINITELY THAT'S WHAT I WAS ACTUALLY SPEAKING OUT. SO THANK YOU SO MUCH. WAS SPEAKING ON THAT [00:10:01] BRINGING IT BACK. IF IN THE EVENT IF THERE IS A CHANGE, THANK YOU SO MUCH. UH, MADAM TRAVIS. OH, YES, I GO AHEAD. THANK YOU. DRIVE RESOURCES COUNTY ATTORNEY ANY SIGNIFICANT INCREASES TO THE PROPOSED STRUCTURES, INCREASES IN BUILDING HEIGHT NUMBER OF UNITS, NUMBER OF BUILDINGS, ANY INCREASE IN DENSITY ON THE PROPERTY ANY CHANGES IN USE ON THE PROPERTY, WHICH DIRECTLY OR INDIRECTLY REQUIRE OUR PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMITTEE THEREOF, AND OR ANY AMENDMENTS TO THE BINDING ELEMENTS OTHER THAN I, THE ADDITION OF NEW BINDING ELEMENTS TO I CHANGES THE BINDING ELEMENTS THAT MERELY UPDATE THE PUBLIC HEARING DATE OR THREE. I UPDATING A PREVIOUS VERSION OF THIS BINDING ELEMENT TO REFLECT THE CURRENT LANGUAGE SHALL BE REVIEWED BEFORE THE PLANNING COMMISSION WITH FINAL ACTION TO BE DETERMINED BY METRO COUNCIL AND THAT WOULD BE A NEW BINDING ELEMENT. NUMBER NINE. UH, YOU SAY FINDING OUT NUMBER NINE. UH, YES, I HAVE THAT THEY HAVE. THERE'S 15 OF STAFF REPORT AND NOT THE MINUTES. THAT'S MY MISTAKE, RIGHT? YEAH. NUMBER 15. YEAH OK, OK, AND I MOVE THAT AMENDMENT. LOOKING FOR A SECOND. SECOND PROBABLY MAYBE THE SECOND . ALL THOSE IN FAVOR OF THE AMENDMENT SIGNIFIED BY SAYING, I, I THOSE OPPOSED BY LIKE SIGN. CARRY ON AND SEEING NONE. THE MOTION CARRIES. UM IS THERE ANY. WELL, MY SCREEN CLEARED, THEN WENT BACK TO THE SAME THING. SO I DON'T KNOW IF THERE'S ANYBODY ELSE IN IN THERE TO ASK QUESTIONS. MAYBE, UM, CAINE, RAY, CAN YOU SEE IT ON YOURS? THERE'S NO ONE ELSE TO SPEAK. I'M NOT. I'M NOT SEEING ANYONE. OK, THANK YOU. IT. AND UNFROZE, AND THEN IT WENT STRAIGHT BACK TO WHERE IT WAS FOR SOME REASON, OK, I THINK WE'RE READY TO VOTE SHE OFF YOUR OPEN VOTING. VOTING IS OPEN. COUNCILOR WOMAN, HAWKINS. COUNCILWOMAN CHAPEL. CAN I VOTE IF I HAVEN'T BEEN ACKNOWLEDGED BY THE CHAIRS? YES. I'M SORRY. I DIDN'T SEE I CAN'T. I CAN'T SEE EVERYBODY WHEN THEY COME BACK IN AFTER IT'S PERFECTLY FINE. I JUST SNUCK IN COUNT, UH, CHAIR, SO DON'T WORRY ABOUT IT. UM, BUT THAT'LL BE A YES. CHAIR. FLOOD. YOU HAVE EIGHT YES VOTES. OK, THEN THIS WILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. THANK YOU. MOVING ON TO ITEM NUMBER TWO WITH AN ORDINANCE RELATED TO THE CLOSURE OF A PORTION OF JEFFERSON COURT AND LARUE COURT, NELSON COURT AND ADJACENT [2. O-031-24     AN ORDINANCE RELATING TO THE CLOSURE OF A PORTION OF JEFFERSON COURT AND LARUE COURT, NELSON COURT AND ADJACENT ALLEYWAYS CONTAINING APPROXIMATELY 70,414 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 23STRCLOSURE0014). Action Required By;  August 2024 Sponsors: Madonna Flood (D-24) ] ALLEYWAYS CONTAINING APPROXIMATELY 70,414 SQUARE FEET AND BEING A LITTLE METRO CASE NUMBER 23 STREET CLOSURE 0014. MOTION READ. MOTION. PROBABLY MOVED IN SECOND AND WE'RE READY FOR DISCUSSION. OK, THIS IS PLAYING COMMISSION DOCKET NUMBER 23 STREET CLOSURE 14. OH, THAT'S OKAY. THANK YOU. UH SO THIS, UH THE, UH, THE STREETS IN IN QUESTION. UH, YOU HAVE PORTIONS OF JEFFERSON COURT LA LA RUE AVENUE NELSON COURT, AND THEN THE, UH, ASSOCIATED ALLEYS, UH, THAT ARE SURROUNDING THIS PROPERTY. UH THEY ARE LOCATED IN , UH, METRO COUNCIL DISTRICT. 21 THIS IS AN AERIAL PHOTO OF THE SITE. UM SO THE LONG TIME AGO WAS RESIDENTIAL. UH, THOSE PROPERTIES WERE ACQUIRED, UH, AS PART OF LIKE, AIRPORT NOISE MITIGATION. UH AND THEN THE APPLICANT HAS OR A PURCHASER HAS PURCHASED ALL THESE LOTS, UH, AND IS PROPOSING TO, UM, CONSTRUCT A WAREHOUSE ON THE PROPERTY. UH AND SO, UM, IN ORDER TO DO THAT THEY ARE REQUESTING THAT THE RIGHT OF WAYS THAT THAT STILL EXIST OUT THERE BE CLOSED. UH THIS IS THE ZONING MAP, SO THE MAJORITY OF THE PROPERTY IS OWNED M TWO, THERE'S A THERE'S A PIECE OF R FIVE AT AT THE FRONT. UH AND, UH, PART OF PART OF THE, UM, APPLICATION PACKET THAT THAT THE APPLICANT HAS REQUESTED WAS A CONDITIONAL USE PERMIT TO HAVE PARKING ON THAT R. FIVE PORTION. UH, SO IT DOESN'T NEED TO BE OWN. SO THE REQUEST BEFORE WE USE THE CLOSURE OF PUBLIC RIGHT OF WAY. UH AS YOU SAW ON THE PICTURE THE, UH THE AREAS, UH, PRIMARILY ZONED M TWO WITH SOME RR FIVE AND C ONE. IT IS LOCATED IN THE TRADITIONAL WORKPLACE FORM DISTRICT. UH, AGAIN, THE AFRICA IS PROPOSING TO CLOSE THE RIGHT OF WAY. UH, AND THEN THEY WOULD BE. UH UH UH, PROPOSING TO CONSTRUCT A TWO STORY 100,000 SQUARE FOOT WAREHOUSE, UH, WITH THE, UH, OFF STREET PARKING UP TOWARDS THE FRONT OF THE DEVELOPMENT. THE APPLICANT HAS AGREED TO PROVIDE EASEMENTS TO MS D FOR EXISTING UTILITY EQUIPMENT IN THE IN THE, UH, CLOSURE AREA. UH AND THEN THE APPLICANT WILL ALSO PROVIDE A 15 FT PRIVATE ACCESS EASEMENT TO MAINTAIN ACCESS TO THE EXISTING [00:15:02] BILLBOARD, UH, LOCATED AT THE REAR OF THE PROPERTY AND AT 717 JEFFERSON COURT. SO THIS IS THE, UH UH, CATEGORY THREE AND CONDITIONAL USE PERMIT PLAN? UH, THAT HAS BEEN REVIEWED AS PART OF THE APPLICATION. UH, SO YOU CAN SEE THE AVO WILL CONTINUE TO USE JEFFERSON COURT, UH, FROM, UH, PRESTON HIGHWAY BACK INTO THE SITE. UH, AND THEN THE WAREHOUSE BUILDING WOULD BE LOCATED ON THE SOUTHERN PORTION OF THE PROPERTY, UH, WITH THE MANEUVERING AND, UH, OVER HERE ON THE NORTH SIDE, AND THEN THE PARKING AREA THAT WAS DISCUSSED. THAT WAS PART OF THE CE P. UH, REQUEST. UH, THAT'S LOCATED IN THIS AREA HERE. UH, THIS IS JUST A UH UH, A RENDER. EXCUSE ME. A RENDERING APP WAS PROVIDED BY THE APPLICANT TO, UH, GIVE YOU A GENERAL IDEA OF WHAT THE BUILDING WOULD LOOK LIKE IN THE AREA. THIS IS THE PLAN THAT WAS PROVIDED TO SHOW THE AREAS OF CLOSURE. UH, SO EVERYTHING THAT IS HATCHED. THAT'S THE AREAS THAT ARE PROPOSED TO BE CLOSED. UM AT THE PLANNING COMMISSION HEARING, UH, SOME OF THE OWNERS OF THESE PROPERTIES THAT FRONT ON PRESTON HIGHWAY UH, WERE PRESENT WANTED TO MAKE SURE THAT THE ALLEY THAT ACCESSES THE REAR OF THEIR LOTS WASN'T ONE OF THE ONES THAT WAS PROPOSED TO BE CLOSED. UH IT IS NOT BEING PROPOSED TO BE CLOSED, SO THEY WERE OK WITH THE, UH UH, THE REST OF THE CLOSURES. HERE ARE SOME SITE PHOTOS OF THE SUBJECT PROPERTY. UH, AGAIN, YOU KNOW, FORMER RESIDENTIAL THAT, UH, THAT WAS ACQUIRED BY THE AIRPORT AND THEN EVENTUALLY TURNED OVER FOR, UH, POTENTIAL WAREHOUSE USE. UH, THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE HAD THEIR MEETING ON DECEMBER 14TH 2023. THE PLANNING COMMISSION PUBLIC HEARING WAS ON JANUARY 18TH 2024 AND THE PLANNING COMMISSION'S MOTION WAS TO RECOMMEND APPROVAL OF THE CLOSURE THAT PASSED BY VOTE OF 8 TO 0. THAT'S ALL THAT I HAVE LET YOU HAVE ANY QUESTIONS FOR ME? I'M SORRY. I CAN'T SAY AGAIN. IT'S BLOCKED OUT BY THE, UH, MOTION. SO UM, IS THERE ANYONE IN THE QUEUE? CHERYL YES, MA'AM. YOU HAVE A COUNCILWOMAN CHAPEL IN THE QUEUE. OK, COUNCILWOMAN CHAPPEL. THANK YOU CHAIR BEFORE I BEGIN. IS COUNCILMAN RUI OR ANYONE FROM HER OFFICE AVAILABLE TO SPEAK ON THIS OR DID SHE HAVE ANY COMMENTS TO OFFER? YES, COUNCILWOMAN, UH, RUI CONTACTED ME VIA EMAIL AND SAID THAT SHE DIDN'T KNOW IF SHE COULD MAKE IT IN TIME FOR THE MEETING. AND IF SHE WAS NOT HERE THAT SHE WAS SUPPORTIVE OF THIS CLOSURE THANK YOU SO VERY MUCH. I'M NOT NECESSARILY AGAINST THIS PROJECT BY ANY MEANS, BUT I WAS JUST WONDERING WHAT KIND OF WAREHOUSE AND ARE THESE MINI STORAGE UNITS. DO YOU ALL KNOW, I? I DON'T THINK THERE'D BE ANY STORES. I. I THINK IT'S JUST LIKE A WAREHOUSE. AND IF YOU LOOK AT THE, UM UH, AT THE DEVELOPMENT PLAN IN THE AREA, YOU CAN SEE WHERE THE TRUCKS ARE BACKING OUT BACK INTO THE DOCK. SO THAT WOULD THAT WOULD LEAD ME TO THINK IT'S NOT MANY STORES, BUT I. I DON'T HAVE THE CATEGORY THREE CASE FILE WITH ME, SO I DON'T I DON'T KNOW FOR A FOR SURE. OK, THANK YOU. OK? YEAH, IT'S NOT MANY WAREHOUSES. I'M BEING TOLD SO. THAT'S GOOD NEWS. PROBABLY A GOOD SPOT FOR THIS RIGHT NEXT TO UPS. THERE WAS ANYONE ELSE IN THE QUEUE. NO ONE ELSE WAS IN THE QUEUE. THANK YOU FOR ALL YOUR HELP, CHERYL. BUT THEN, UM, WE'RE READY TO VOTE. CHERYL. VOTING IS OPEN. VOTING IS CLOSING. CHAIR. FLOOD. YOU HAVE SEVEN YES VOTES. THANK YOU. AND SINCE THIS IS AN ALLEY, UM THESE ARE ALLEY CLOSURES. IT'LL GO TO CONSENT CALENDAR AT THE NEXT MEETING. MOVING ON TO ITEM NUMBER THREE IS IN OR RELATED TO [3. O-034-24     AN ORDINANCE RELATING TO THE CLOSURE OF AN APPROXIMATELY 200 FOOT PORTION OF WEST BRANDEIS AVENUE BETWEEN AN UNNAMED ALLEY AND SOUTH THIRD STREET CONTAINING APPROXIMATELY 11,998 SQUARE FEET AND BEING IN LOUISVILLE METRO (CASE NO. 23STRCLOSURE0036). Action Required By;  August 2024 Sponsors: Madonna Flood (D-24) ] THE CLOSURE OF APPROXIMATELY 200 FT PORTION OF WEST BRANDEIS AVENUE BETWEEN AN UNNAMED ALLEY IN SOUTH THIRD STREET CONTAINING APPROXIMATELY 11,998 SQUARE FEET AND BEING OF THE METRO CASE NUMBER 23 STREET CLOSURE 0036 MOTION SECOND. PROBABLY MAYBE THE SECOND. WE'RE READY FOR DISCUSSION. OK, THIS IS PLANNING COMMISSION. DOCTORS NUMBER 23 STREET CLOSER 36 FOR WEST BRANDEIS AVENUE. UH, THE PROPERTY IS, UH, A PORTION OF WEST BRANDEIS AVENUE, LOCATED METRO COUNCIL DISTRICT SIX. THIS AERIAL PHOTO. YOU CAN SEE THE AREA OF PROPOSED CLOSURE OUTLINED IN RED HERE. UH, IT STARTS AT SOUTH THIRD STREET AND THEN WORKS ITS WAY WEST, UM, AND THEN STOPS AT THE ALLEY. UH, THAT KIND OF SPLITS. BRANDEIS BETWEEN SOUTH THIRD AND SOUTH FOURTH STREET. UH, SO THIS GIVES YOU AN IDEA OF WHERE THIS IS UH, THIS IS THE ZONING IN THE AREA. UM THE APPLICANTS REQUESTING CLOSURE OF THE PUBLIC RIGHT AWAY FOR THIS 200 FT SECTION OF WEST BRANDEIS AVENUE. UM THE, UM. AT THE AT THE TIME OF THE PLAYING COMMISSION HEARING. THEY WERE [00:20:02] PENDING AN EASEMENT AGREEMENT WITH LG AND E FOR MAINTENANCE OF FACILITIES WITHIN THE RIGHT OF WAY, UH, WHICH THEY ARE CONTINUING TO WORK ON. ALL OTHER EFFECTIVE AGENCIES HAVE AGREED TO THE CLOSURE OR HAVE DECLINED TO COMMENT. UH, THIS IS THE CLOSURE PLANT. UH, SO AGAIN STARTS AT SOUTH THIRD STREET, WORKS ITS WAY WEST AND THEN STOPS AT THE, UM, WHERE THE ALLEY KIND OF TURNS AND GOES AROUND THE CARDINAL CENTER. LLC PROPERTY. UH, THE OWNER TO THE NORTH AND THE SOUTH OF THE PROPERTY IS THE UNIVERSITY OF LOUISVILLE. UH, AND SO THEY ARE THE PRIMARY APPLICANT ON THIS. LOCATION. THIS IS A PHOTO LOOKING FROM THIRD STREET DOWN. UH UH, WEST BRANDEIS AVENUE HERE SO YOU CAN SEE THE AREA THAT IS PROPOSED TO BE CLOSED. UH, THE INTENTIONS, UH, BASED ON THE APPLICATION IS JUST TO CONVERT IT TO PEDESTRIAN ACCESS. UH, THROUGH THE AREA AS YOU HAVE, UH, A NUMBER OF STUDENTS THAT TRAVERSE BETWEEN, UH, THE RESIDENTIAL HOUSING AND THEN OVER TO LIKE KIND OF THE EDUCATIONAL CAMPUS IF YOU WOULD THESE ARE SOME SITE PHOTOS OF THE, UH OF THE ADJACENT PROPERTIES. UH, THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE MEETING WAS ON JANUARY 11TH 2024. THE PLANNING COMMISSION. PUBLIC HEARING IS ON JANUARY 18TH 2024 AND THE PLANNING COMMISSION'S MOTION WAS THE RECOMMEND APPROVAL OF THE CLOSURE THAT PASSED BY A VOTE OF 8 TO 0. THAT'S ALL THAT I HAVE, UNLESS HAVE ANY QUESTIONS FOR ME. I JUST HAVE ONE QUESTION, BRIAN. UM WHAT HAPPENS IF THE AGREEMENT BETWEEN LG AND E AND U OF L CANNOT BE REACHED. I. I. NO UH II, I YOU KNOW, TYPICALLY, THEY WOULD HAVE TO JUST PRESERVE THAT IN AN EASEMENT, AND IT USUALLY ISN'T A BIG DEAL. UH SO I MEAN, WE WOULD WE COULD MAKE SURE THAT THAT IS, UM, FINALIZED BEFORE RECORDING THE, UH, THE STREET CLOSURE PLAT. OK? AND I WAS GONNA SAY WE COULD REACH OUT TO THE APPLICANT AND FIND OUT WHAT THEIR STATUS IS ON THAT ON THAT AGREEMENT. AND THIS IS IN COUNCILMAN BAKER'S DISTRICT THAT COUNCILMAN BAKER, I. I'M SURE YOU'RE IN THE QUEUE. I JUST CAN'T SEE THE QUEUE. SORRY OH, THAT'S FINE. THANK YOU, MADAM CHAIR. UM THIS IS A PORTION BY UNIVERSITY OF LOUISVILLE. THEY'VE HAD, UH, A LOT OF PUBLIC HEARINGS AND THINGS OF THAT NATURE. NO ONE HAS SPOKEN OUR POSITION. UM IT'S JUST A SMALL, UH, ALLEY CLOSURE. AND SO AS, UH, I'M IN FULL SUPPORT OF THIS AND I ASK MY COLLEAGUES TO BE IN FULL SUPPORT OF THIS AS WELL. THANK YOU. SHE FLOOD? UH, COUNCILWOMAN CHAPEL IS ALSO IN QUEUE. COUNCILOR ONE CHAPEL. HELLO. UM I WAS WONDERING WHAT YOU HAVE L PLANS TO DO WITH THIS SITE. ACCORDING TO THEIR APPLICATION. THEY'RE JUST GONNA CONVERT IT FOR PEDESTRIAN USE. UH, RIGHT NOW, UH, BECAUSE THERE IS A BIG CROSSING THERE AT BRANDEIS AND THIRD, UH, AS YOU GO TO OVER TO THE EAST, UH, SO THAT THAT IS THE, UH, INTENTIONS THAT THEY TOLD US ABOUT THANK YOU. THERE'S NO ONE ANSWER YOU. NO ONE ELSE. OK THANK YOU. UM THEN WE'RE READY FOR, UH, VOTING VOTING, PLEASE. CHERYL. BUILDINGS OPEN. CHAIR. FL. YOU HAVE SEVEN YES VOTES. THANK YOU. CHERYL ON THIS WILL GO TO CONSENT CALENDAR AT OUR NEXT COUNCIL MEETING. MOVING RIGHT ALONG TO ITEM NUMBER FOUR, WHICH IS OR RELATING TO THE AMENDMENT TO BINDING ELEMENTS FOR PROPERTY LOCATED AT 5217 SPRINGDALE ROAD CONTAINING AN APPROXIMATELY 17.97 ACRES AND BEING A LITTLE METRO CASE NUMBER 23 AMEND 0013. MOTION. MOTION. PROBABLY MOVED [4. O-035-24     AN ORDINANCE RELATING TO THE AMENDMENT TO BINDING ELEMENTS FOR PROPERTY LOCATED AT 5217 SPRINGDALE ROAD CONTAINING APPROXIMATELY 17.97 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 23AMEND0013). Action Required By;  August 2024 Sponsors: Madonna Flood (D-24) ] IN SECOND. WE'RE READY FOR DISCUSSION. OK THIS IS PLANNING COMMISSION DOCKET NUMBER 23 AMEND 13. THE PROPERTY IS LOCATED AT 5217 SPRINGDALE ROAD IN METRO COUNCIL DISTRICT, 16. UH, THIS IS THE SUBJECT SITE HERE. UH, YOU MAY RECALL THIS REZONING CAME THROUGH A COUPLE OF YEARS AGO. UH, SO THIS IS KIND OF, UH, IN THAT IN THAT DOUBLE TRIPLE BEND OF SPRINGDALE ROAD. UH, THIS IS THE J SNYDER FREEWAY THAT ABUTS THE PROPERTY TO THE, UH TO THE NORTH. UH THE PROPERTY WAS REZONED A FEW YEARS AGO TO R SEVEN. I INCLUDED BUYING ELEMENT THAT ANY CHANGES TO THE PLAN OR THE OR THE BINDING ILLNESS HAS TO COME BACK TO METRO COUNCIL. SO THAT'S WHY WE'RE HERE TODAY. THE REQUEST IS TO AMEND ONE OF THOSE BINDING AILMENTS IN SPECIFICALLY, UH, BINDING ELEMENT. EIGHT C FROM THE ORIGINAL PROOF APPROVAL READS THAT NO PARKING LOT OR STREET LIGHT FIXTURES SHALL BE MORE THAN 14 FT. HIGH UH, MEASURED FROM THE GROUND, UH, WHILE MOVING INTO CONSTRUCTION PHASE, IT WAS DISCOVERED THAT THE MINIMUM STANDARD POLE AVAILABLE FOR THE SITE WAS 16 FT HIGH. UH AND SO THE APPLICANT IS REQUESTING TO AMEND THE BINDING ELEMENT. UH, FROM 14 FT TO 16 FT , UH, THEY DID REACH OUT TO THE UH, HOMEOWNERS ASSOCIATION WHO HAD REQUESTED THAT BINDING ELEMENT. UH, PRIOR TO COMING, UH , TO PLANNING COMMISSION AND THEY WERE IN AGREEMENT WITH THAT CHANGE. UH, AND NO ONE SHOWED UP AT THE PLANNING COMMISSION [00:25:01] HEARING TO SPEAK IN OPPOSITION TO THAT, UH, TO THAT CHANGE, UH, SO AGAIN. HERE'S THE DEVELOPMENT PLAN THAT WAS APPROVED BEFORE IT'S A MIXTURE OF, UH, THERE'S SOME, UH, LIKE CONDOS ON THE FRONT AND THEN SOME MULTIFAMILY STRUCTURES THAT, UH, THROUGHOUT THE SITE. UH, THE PLAN PLANNING COMMISSION PUBLIC HEARING WAS ON JANUARY 18TH 2024 AND THE PLANNING COMMISSION'S, UH, MOTION WAS TO RECOMMEND APPROVAL . THE BINDING ELEMENT AMENDMENT THAT PASSED BY A VOTE OF 8 TO 0. THAT'S ALL THAT I HAVE YOU HAVE ANY QUESTIONS? THIS IS A COUNCILMAN REED'S DISTRICT COUNCILMAN REED, DID YOU WANT TO ADDRESS US? UH, YES, MADAM CHAIR. THIS IS THE LAVINO APARTMENT COMPLEX. AND IT'S ON THE SPRINGDALE ROAD. I DON'T HAVE A PROBLEM WITH THIS AT ALL. I GUESS MY ONLY OBSERVATION WOULD BE SINCE THEY BAKED THE 14 FT INTO THE DEVELOPMENT PLAN. SOMEBODY PROBABLY SHOULD HAVE KNOWN THAT THOSE WEREN'T IN STOCK. SO YOU KNOW, I'M KIND OF INCREDULOUS AS TO HOW IT COULD HAVE GOTTEN TO THIS POINT. BUT HERE WE ARE. IF THE HO A DOESN'T HAVE A PROBLEM WITH IT, AND CERTAINLY I DON'T THANK YOU. CHERYL. IS ANYONE ELSE IN THE QUEUE? NO ONE ELSE IS IN THE QUEUE, MA'AM. MADAM CHAIR. I APOLOGIZE. UH, CHAIRS SPEAK FOR ASSISTANT COUNTY ATTORNEY. I APOLOGIZE FOR INTERRUPTING. I'M JUST NOTICING. THIS DOES HAVE THE PREVIOUS VERSION OF THE STANDARD BINDING ELEMENT IN IT. SO IF WE WANTED TO GET SOME CLEANUP AND UPDATE THE LANGUAGE, THERE'S AN OPPORTUNITY TO YES, PLEASE. UM SO IT IT WOULD NOW READ ANY SIGNIFICANT INCREASE TO THE STRUCTURES EG INCREASE IN THE BUILDING HEIGHT, NUMBER OF UNITS, NUMBER OF BUILDINGS AND INCREASE IN DENSITY ON THE PROPERTY. ANY CHANGES IN USE ON THE PROPERTY, WHICH DIRECTLY OR INDIRECTLY REQUIRE PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMITTEE THEREOF, AND OR ANY AMENDMENTS TO THIS, THIS BINDING ELEMENT OTHER THAN I THE ADDITIONAL NEW BINDING ELEMENTS. TWO I CHANGES TO BINDING ELEMENT. I'M MERELY UPDATE THE PUBLIC HEARING DATE OR THREE. I UPDATING A PREVIOUS VERSION OF THIS BINDING ELEMENT TO REFLECT THE CURRENT LANGUAGE SHALL BE ROOTED FOR PLANNING COMMISSION, WITH FINAL ACTION TO BE DETERMINED BY METRO COUNCIL. SOME? YES, SOME THE SECOND. PROPERLY MOVED IN SECOND ALL THOSE IN FAVOR OF THE AMENDMENT TO THE BINDING ELEMENTS SIGNIFIED BY SAYING I. THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION CARRIES. OK UH WELL, THAT THAT WILL NEGATE MY, UH, QUESTION BECAUSE WE'VE MADE AN AMENDMENT. SO UH, I THINK WE'RE WE'RE READY, READY TO VOTE. VOTING IS OPEN. CHAIR. FLOOD. YOU HAVE SEVEN YES VOTES. THANK YOU. SO THIS WILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. UM, THAT'S ALL THE AGENDA HAS BEEN COMPLETED SO WITHOUT ANY FURTHER BUSINESS IN FRONT OF THE COMMITTEE WITHOUT OBJECTION, WE SHALL ADJOURN. [Adjournment Note: Agendas are followed at the discretion of the Chair. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee.] THANK YOU FOR ALL YOUR HELP CHERYL A * This transcript was compiled from uncorrected Closed Captioning.