[Call to Order] [00:00:10] GOOD AFTERNOON AND WELCOME TO PLAIN AND ZONING COMMITTEE AND COUNCIL LUNGO MADONNA FLOOD CHAIR OF THE COMMITTEE TODAY, I'M JOINED BY MY VICE CHAIR COUNCILMAN SCOTT REED. I [Roll Call] COMMITTEE MEMBERS COUNCILMAN ANDREW OWEN COUNCILWOMAN JENNIFER CHAPPELL. COUNCILMAN FEL BETTS. SEAN COUNCILMAN ROBIN INGLE HAS AN EXCUSED ABSENCE WERE ALSO JOINED BY COUNCILMAN STUART BENSON COUNCILMAN ANTHONY THE ARGENTI COUNCILMAN, GEOR COY ARTHUR AND COUNCILWOMAN GETS A RU, UM WE ARE NOT GOING TO HEAR ITEM NUMBER THREE. THAT'S THE UH, EXECUTIVE SUMMARY IN ORDINANCE FOR REVISIONS OF THE DOWNTOWN OF MASTER PLAN THAT WILL BE IN OUR NEXT, UM, COMMITTEE AGENDA ALSO, BUT WE'LL HEAR IT THEN AND WE'RE GOING TO MOVE TO ITEM NUMBER TWO, WHICH IS AN ORDINANCE OF MANY THE METRO LAND DEVELOPMENT CODE RELATED TO THE FLOYD FOR SPECIAL ZONING OVERLAY. DISTRICT CASE NUMBER 22 L DC DASH 006. AND WE'VE ALSO BEEN JOINED BY COUNCILMAN RENO WEBER. IT'S AWESOME. WE NEED A MOTION. PROPERLY MOVED IN SECOND. GO AHEAD, BRIAN. ALL RIGHT. GOOD AFTERNOON. BRIAN DAVIS LOUIS METRO OFFICE OF PLANNING. UH, THIS IS, UH 22 L DC SIX FOR THE FLOYDS FOR SPECIAL ZONING OVERLAY DISTRICT. THANK YOU VERY MUCH. UH, SO THE REQUEST IS TO, UM UH, REPLACE CHAPTER THREE PART ONE OF THE LAND DEVELOPMENT CODE, UH, AS WELL AS TO CREATE CHAPTER 11, PART 12 OF THE LAND DEVELOPMENT CODE, WHICH IS ASSOCIATED WITH WAIVERS FOR THIS PARTICULAR SESSION, UH, TO CHAPTER THREE PART ONE. UM JUST SOME BACKGROUND HISTORY ABOUT FLOYD'S FORK IN THE AREA. UH BECAUSE, UH, I. I DID NOT GIVE THIS AT THE MARCH HERE. I GAVE IT TO JANUARY MEETING, BUT NOT AT THE MARCH. MEETING UM, PLAYING FOR FULLY FOR BEGAN AFTER THE ADOPTION OF THE 1979 COMPREHENSIVE PLAN. UH, IN 1980 THE COMPREHENSIVE PLAN. UH, THERE WAS AN IMPLEMENTATION STUDY DONE FOR THE ENVIRONMENTAL AND ESSENTIAL SERVICES CONSTRAINTS. UH, AND WITHIN THAT STUDY, THERE WAS A RECOMMENDATION TO REZONE FLOYD'S FOR IT TO ALLOW ONLY VERY LOW INTENSITY USES. UH, IN 1981. THERE WAS A FLOYD'S FORT MANAGE PLAN. UH, THAT WAS RECOMMENDED. UH AND THEN, UH, THIS DOCUMENT PROVIDED MEASURES TO PROTECT THE ENVIRONMENT AND PRESERVE SCENIC RESOURCES WITHIN THAT CORRIDOR. IN 1988 THIS WHENEVER THE SNYDER FREEWAY WAS BEING DEVELOPED, THERE WAS A SNYDER FREEWAY CORRIDOR STUDY. UH AND THEN, UH, IN WITHIN THAT IT IT IDENTIFIED FOR AS A RESOURCE THAT NEEDED TO BE PROTECTED. SO WHENEVER THEY WERE EVALUATING THE DIFFERENT ROUTES FOR THAT, UH, FULL FORK WAS ONE OF THE CONSIDERATIONS THAT THEY TOOK, UH IN 1991, A TASK FORCE WAS CREATED TO DEVELOP A PLAN FOR THE FLOYD'S FORK AREA, UH, WHICH CULMINATED IN THE CREATION OF THE FLOYDS FOR DEVELOPMENT REVIEW OVERLAY GUIDELINES, WHICH WERE ADOPTED IN 1993. THEN THERE WAS AN ACCOMPANYING AREA WIDE REZONING. UH, THAT REZONED UH, A LOT OF THE PARCELS WITHIN THAT DRO AREA THAT ARE SOUTH OF I 64 TO RR. UH, FLOYD'S FOR THE DRO IS COMPRISED OF 2483 PROPERTIES, WHICH TOTAL ABOUT 13,000 ACRES, WHICH IS APPROXIMATELY 20.42 SQUARE MILES. SO IN TERMS OF LIKE SIZE, UH, THAT IS A LARGER THAN THE CITY OF FRANKFURT. UH, IN TERMS OF LIKE THE, UH, THE AMOUNT OF SQUARE MILES THAT ARE WITHIN THIS PARTICULAR DISTRICT, UM 8911 OF THOSE ACRES UH, ARE ZONED RR, WHICH WE TALKED ABOUT IN THE PREVIOUS, UH, PREVIOUS SLIDE. UH, AND THEN BETWEEN 19 OR BETWEEN 2007 2022. THERE WERE 95 CASES THAT WERE REVIEWED UNDER THE DRO GUIDELINES. MOST OF THOSE ARE RELATED TO SINGLE LOT RESIDENTIAL DEVELOPMENT, WHICH YOU KNOW THERE ARE SOME COMMERCIAL DEVELOPMENT OR SOME MULTIFAMILY DEVELOPMENTS, BUT THE MAJORITY OF WHICH ARE JUST FOR SINGLE LOT RESIDENTIAL DEVELOPMENT. UM IN, UM AUGUST OF 2020 METRO COUNCIL FINALLY [2. O-060-24     AN ORDINANCE AMENDING THE METRO LAND DEVELOPMENT CODE RELATING TO THE FLOYDS FORK SPECIAL ZONING OVERLAY DISTRICT (CASE NO. 22-LDC-0006). 4/16/24  Planning and Zoning Committee  Held Action Required By:  October 2024 Sponsors: Madonna Flood (D-24) ] ADOPTED THE SOUTH FLOYD'S FORT VISION PLAN. UH UH, WITHIN THAT, UM UH, DOCUMENT THERE WAS A RECOMMENDATION TO ANALYZE AND REVISE THE FLUIDS FOR DRO IN ITS CURRENT STATE TO ELIMINATE REDUNDANCIES, PROVIDE A CLEAR STANDARDS AND TO REFLECT CURRENT NEEDS AND CONDITIONS. UH, BECAUSE IF YOU, UM YOU READ THE EXISTING CHAPTER THREE PART ONE. YOU KNOW THERE. THERE'S A LOT OF LANGUAGE IN THERE THAT IT'S KIND OF HARD TO MAKE A REGULATION OUT OF, AND SO IT'S REALLY HARD TO ENFORCE SOME OF THOSE. THOSE WHATEVER PEOPLE ARE BRINGING DEVELOPMENTS IN OR WE'RE GOING OUT AND HAVING TO INVESTIGATE, UH, THINGS ON SITES. UH, SO, UH, METRO COUNCIL PASSED A RESOLUTION IS NUMBER 71 IN SERIES 2022, WHICH ASK THAT, UH, THE OFFICE OF PLANNING TO, UM, TAKE A LOOK AT THIS, UH, CHAPTER THREE. PART ONE, WHICH WAS THAT RECOMMENDATION. UH AND SO, LOOK AT THAT. WE DID. UH AND SO, UH, WE HAD A NUMBER OF MEETINGS WITH STAKEHOLDERS AND INTEREST OF PARTIES THROUGHOUT THIS WHOLE PROCESS. UH THE FIRST UH, WHAT I CALL PUBLIC MEETINGS ON MAY 24TH 2023 AT THAT, UH, PARTICULAR MEETING. WE UM PASSED OUT QUESTIONNAIRES TO THE PEOPLE WHO [00:05:07] ATTENDED THE MEETING, UH, AND ASKED HIM, YOU KNOW WHAT WERE SOME OF THEIR THOUGHTS AND SOME OF THEIR GOALS FOR, UH, THE REDEVELOPMENT OF CHAPTER THREE PART ONE. UH, THAT QUESTIONNAIRE WAS THEN PUT OUT ON THE INTERNET . SO IF IT WAS, UH, ON OUR WEBSITE, UH, SO IF THERE WAS ANYONE WHO COULDN'T ATTEND THAT PARTICULAR MEETING THAT NIGHT, AND WE WELCOMED THEIR COMMENTS, UH, THAT WAS, UH, THAT COMMENT PERIOD WAS ABOUT A MONTH. UH IN THE JUNE OF, UH UH, IN JUNE OF 2023. WE PREPARED THE VERY FIRST DRAFT OF THE NEW REGULATIONS. UH, THERE WAS A 30 DAY REVIEW PERIOD THAT WAS TOOK PLACE FOR THAT FIRST DRAFT. SO BASICALLY THE ENTIRE MONTH OF JULY, UH, WAS USED AS A REVIEW PERIOD. SO THAT, UH, TO GIVE ANYONE WHO IS INTERESTED IN OPPORTUNITY TO SPEAK ON THE DRAFT. UH, SUBMIT COMMENTS TO US AND THEN, UM WE TOOK ALL THE COMMENTS THAT WE HAD RECEIVED. UH AND WE, UH UH, KIND OF DISCUSSED THOSE? UH, YOU KNOW WHAT WHAT WAS INCORPORATED INTO THOSE COMMENTS AT THE FIRST PLANNING COMMITTEE MEETING, WHICH WAS HELD IN AUGUST OF 2023. UH, AFTER THAT PLANNING COMMITTEE MEETING. THEY SAID, HEY, YOU KNOW, LET'S LET'S GET SOME MORE FEEDBACK, AND SO WE WENT BACK OUT. UH, WE CONTINUED TO MEET WITH STAKEHOLDERS AND DISCUSS THEIR CONCERNS. UH AND DISCUSS CONCERNS WITH INTERESTED PARTIES. UH, THE SECOND DRAFT WAS RELEASED AND THERE WAS A SECOND PLANNING COMMITTEE MEETING THAT TOOK PLACE ON NOVEMBER. 29TH 2023 AT THAT MEETING, THEY SAID WE WANT YOU TO GO OUT AND HAVE SOME MORE PUBLIC INPUT. AND SO WE HAD A PUBLIC OPEN HOUSE, UH, WHICH WAS CONDUCTED ON DECEMBER 12TH OF 2023. THIS LED TO THE CREATION OF THE THIRD DRAFT, WHICH WAS RELEASED ON DECEMBER 20. 2023 AND THEN ALL THE COMMENTS THAT WE HAD RECEIVED UP TO THAT POINT AND THIS THIRD DRAFT WAS FORWARDED TO THE PLANNING COMMISSION FOR CONSIDERATION. UM THE UH, FIRST PLANNING COMMISSION PUBLIC HEARING WAS HELD ON JANUARY. 4TH 2024 AT THAT MEETING, THE PLANNING COMMISSION CONTINUED THE CASE AND, UH, TASK STAFF WITH MEETING WITH INTERESTED PARTIES TO TRY AND FIND SOME RESOLUTION AND CONSENSUS TO A NUMBER OF OUTSTANDING COMMENTS, WHICH WERE PRESENTED AT PRESENTED AT THE MEETING. UM SO, UM, IN AN EFFORT TO DO THAT, UH, STAFF REACHED BACK OUT TO A NUMBER OF THE INTERESTED PARTIES THAT WE'VE BEEN, UH DISCUSSING THIS WITH FOR, UH, OVER THE LAST SEVERAL MONTHS. UH AND WE HAD AN ORGANIZATION MEETING ON JANUARY 23RD OF 2024. THE INTERESTED PARTIES WERE ASKED TO SUBMIT THEIR RED LINE VERSIONS OF THE DECEMBER 21ST DRAFT, WHICH WAS THAT DRAFT THAT WAS PRESENTED AT THE JANUARY 4TH MEETING. UH AND SO IF YOU GONE THROUGH THE FILE OR IF YOU'VE LOOKED ONLINE, THEN YOU'RE FAMILIAR WITH THE RED DRAFT, THE BLUE DRAFT AND THE GREEN DRAFT BECAUSE WE WERE WE, UH, HAD THREE DIFFERENT OF THESE RED LINE VERSIONS SUBMITTED TO US AND SO IN AN EFFORT TO TRY AND KEEP THEM ORGANIZED ON WHO'S WAS WHO'S UH, YOU KNOW, WE NAME THEM, AND SO THAT'S THAT'S WHAT WE WENT FORWARD. UM WE DID SOME RE RECEIVE SOME ADDITIONAL COMMENTS AS WELL. WHICH WE DISCUSSED THROUGHOUT THE COURSE OF THE, UH UH, UPCOMING MEETINGS . UH, BUT THE FOCUS WAS ON THE COMMENTS THAT WE RECEIVED IN THE RED BLUE AND THE GREEN DRAFTS. UH SO, UH, MEETINGS WERE CONDUCTED BY STAFF TO DISCUSS THE COMMENTS FROM THESE RED LINE DRAFTS. UH, WE, UM, INITIALLY, WE'RE GONNA HAVE THREE MEETINGS, BUT WE'RE HAVING SO MUCH FUN. WE DECIDED TO HAVE 1/4 1. AND SO, UH, THE, UH, THE NUMBER OF THE MEETINGS THAT WE HAVE WERE ON JANUARY 30TH FEBRUARY 9TH FEBRUARY, 16TH AND THEN THE LAST OF WHICH WAS ON MARCH, 1ST. UM 00. WE'LL GET TO THE PLAN QUESTIONS HERE. GIVE ME ANYWAY. SO AFTER THE MARCH 1ST HEARING, UH, WHAT WE DID WAS WE AGAIN TOOK ALL THE COMMENTS THAT WE HAD RECEIVED THROUGH THESE THIS NEW SET OF MEETINGS AND CREATED A NEW DRAFT AND SO SOME OF THE HIGHLIGHTS THAT WERE INCLUDED IN THE FIRST DRAFT, UH, AS WE CREATED TWO DIFFERENT TIERS OF REGULATED ACTIVITY. UH, IF YOU'VE LOOKED AT CHAPTER 3.1 NOW IT'S JUST KIND OF LIKE LISTED BULLET POINTS AND IT'S KIND OF HARD TO FOLLOW ABOUT WHAT IT IS YOU NEED. WHO NEEDS THEIR FULLEST FORK REVIEW WHAT CAN BE APPROVED AT STAFF LEVEL? WHAT HAS TO GO TO A COMMITTEE? AND SO WE TRIED TO CLARIFY THAT BY CREATING THE, UM THE TWO DIFFERENT LEVELS. UH, TIER ONE REGULATED ACTIVITIES. UH, WHICH, UH, CAN BE APPROVED BY THE PLANNING DIRECTOR OR THEIR DESIGNEES OF STAFF LEVEL. UH OR THE TIER TWO REGULATED ACTIVITIES, WHICH WILL GO TO THE PLANNING COMMISSION OR THEIR DESIGNEE. WHETHER THAT BE, UH, THE DEVELOPMENT REVIEW COMMITTEE OR THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE, ONE OF THEIR SUBCOMMITTEES. UH, ONE OF THE BIG THINGS THAT WAS INCLUDED IN THE, UH, IN IN THIS THIRD DRAFT WAS THE, UH, THE PROTECTED WATERWAY. BUFFERS UH, IF YOU'RE FAMILIAR WITH CHAPTER FOUR NOW, YOU KNOW THAT WE REQUIRE 100 FT. BUFFERS FROM BLUE LINE STREAMS. UH, ALL THE FEEDBACK THAT WE HAVE TALKED ABOUT THE IMPORTANT TRYING TO PRESERVE ADDITIONAL AREA AROUND FLOYD'S FORK. UH AND SO THE THIRD DRAFT, UH UH, PROPOSED TO INCREASE THAT THE BUFFER ALONG FLOYD'S 4 TO 200 FT , UH FROM THE TOP AS MEASURE MEASURE FROM THE TOP OF THE BANK, UH, AND THIS IS COMPRISED IN THE TWO DIFFERENT ZONES. UH THERE'S A 150 FT STREAM STREAM SIDE ZONE AND A 50 FT OUTER ZONE. AND SO, UH, YOU KNOW, THE THOUGHT THERE BEING THAT THE THAT 1ST 150 FT IS VERY IMPORTANT FOR WATER QUALITY. UH, FOR ANIMALS THAT THAT THAT MAY LIVE IN OR AROUND THE STREAM. UH AND SO THERE ARE ADDI ADDITIONAL [00:10:04] , UM, PROTECTION STANDARDS IN THE STREAMSIDE ZONE THAT AREN'T THERE IN THE OUTER ZONE. UH, FOR PERENNIAL STREAMS. UH, THE, UM, THE BUFFER WAS INCREASED TO 100 AND 25 FT. SO INSTEAD OF THE 100 FT, WHICH IS INCLUDED IN IN CHAPTER FOUR NOW, UH, FOR, UH, ANY PERENNIAL STRINGS THAT ARE WITHIN THE FLUIDS FOR DRO AREA. UH, THE BUFFER IS 100 AND 25. FT UH, AND THAT BREAKS DOWN IN THE 50 FT STREAM SIDE 50 FT MIDDLE ZONE, A 25 FT OUTER ZONE. UH, FOR INTERMITTENT STRENGTHS. WE UH WE, UH, DID NOT INCREASE. UH, THE, UH BUFFERING THERE? UH, WELL, I SAY WE DID INCREASE. MS D, CURRENTLY IN THE IN THE FLOODPLAIN REGULATIONS HAS A 25 FT STANDARD FOR, UM INTERMITTENT STREAMS. AND SO WE MIMIC THAT TO BE IN THE LAND DEVELOPMENT CODE, AND SO, UH, YOU KNOW THE THOUGHT BEING THERE FROM AN ENFORCEMENT STANDPOINT, IF THERE'S A VIOLATION, THEN EITHER WE, YOU KNOW, WE WOULD BE ABLE TO GO OUT AND SIGHT SOMEONE IF THEY WERE VIOLATING THAT, OR MS D COULDN'T SO IT KIND OF HELPS, UH, PROVIDE AN ADDITIONAL LEVEL OF PROTECTION THERE IN LAND DEVELOPMENT CODE THAT WASN'T THERE BEFORE. UH SO WE ALSO INCREASED BUFFERING AND SETBACKS ALONG DESIGNATED SCENIC CORRIDORS. UM THERE WAS A LOT OF DISCUSSION ABOUT MAXIMUM IMPERVIOUS SURFACE AND WHAT TO INCLUDE IN THE WE WOUND UP. UH, IN THIS DRAFT, UH, PRE, UM, RECOMMENDING A 50% MAXIMUM PERVIOUS SURFACE FOR DEVELOPMENT ON BOTS. UH, WE INCLUDED LANDING LIGHTING STANDARDS THAT ARE ABOVE AND BEYOND WHAT IS CURRENTLY IN CHAPTER FOUR. UM ALL MAJOR SUBDIVISION DEVELOPMENTS IN OUR FOUR AND R FIVE ZONING DISTRICTS. UH ARE WILL, UH, IF A DOCTOR WILL BE REQUIRED TO UTILIZE ONE OF THE FOLLOWING METHODS OF SUBDIVISIONS UH, ONE TRACKS OF FIVE ACRES OR MORE SO ANYTIME YOU DON'T HAVE SEWERS, UH, THE MINIMUM SIZE THAT YOU CAN HAVE IS FIVE ACRES AND SO YOU CAN CONTINUE TO DO LARGE TRACK DEVELOPMENT, WHICH IS VERY COMMON THROUGHOUT THE, UH, FLOYD'S FORK AREA. UH, THE CONSERVATION SUBDIVISION REGULATIONS. WHICH IS A MECHANISM THAT WE HAVE IN CHAPTER SEVEN OF THE LAND DEVELOPMENT CODE. UH, THAT, UH UH, YOU KNOW, CAN BE UTILIZED TO PRESERVE OPEN SPACE. AND UH UH, YOU KNOW, TREE CANOPY, UH, AND THINGS LIKE THAT, AND SO, UH, THAT IS AN OPTION THAT WOULD BE AVAILABLE, UM, THE MIXED RESIDENTIAL DEVELOPMENT INCENTIVES. UM WHEN THERE'S A MINIMUM OF 30% OF THE SITE, UH, DE DESIGNATED AS COMMON OPEN SPACE. UH, SO THE, UH, THE MRD. I REGULATIONS. YOU KNOW, THERE'S A, UH, A COMBINATION REQUIREMENT OF OPEN SPACE AND AFFORDABLE UNITS THAT ARE REQUIRED FOR THE SUBDIVISIONS LIKE THAT. AND SO WE WANTED TO BE ABLE TO, UM, CONTINUE TO UTILIZE THAT AS AN OPPORTUNITY TO POTENTIALLY, UM UH, HAVE AFFORDABLE HOUSING BE DEVELOPED OUT IN THE FLOYD'S FORK AREA. UH AND THEN THE 30% AGAIN MIMICS THE, UH, THE PERCENTAGE THAT IS REQUIRED FOR CONSERVATION SUBDIVISION REGULATIONS. AND SO THAT'S WHY THAT WAS INCLUDED. AND THEN THE DEVELOPMENT POTENTIAL TRANSFER REGULATIONS. UH, THIS IS A TYPE OF, UH, OF DEVELOP OF SUBDIVISION IN WHICH THE, UM UH, DEVELOPERS WILL, UH, PRESERVE AND PROTECT STEEP SLOPE AREAS AND THEY'RE ABLE TO TRANSFER UH, THE, UH, THE DEVELOPMENT POTENTIAL FOR THOSE AREAS ONTO THE REST OF THE SITE. UH, AND AGAIN, UH, TRYING TO INSTALL A 30% MINIMUM, UH FOR COMMON, OPEN SPACE TO MIMIC THE OTHER TYPES OF SUBDIVISIONS THAT WE HAVE IN THE, UH, THE REGULATIONS. FOR MULTIFAMILY RESIDENTIAL DEVELOPMENTS WITH 10 OR MORE DWELLING UNITS. THE DRAFT PROPOSES THAT THEY BE REQUIRED TO HAVE A MINIMUM OF 30% OF OPEN SPACE IN RELATION TO THE SIZE OF THE DEVELOPMENT SITE. UH, SO AGAIN, UH, THINKING ABOUT THE AMOUNT OF OPEN SPACE THAT IS, UH, THAT IS, YOU KNOW, WILL HELP BENEFIT THE AREA FROM AN ENVIRONMENTAL STANDPOINT, BUT THEN ALSO HELP TO PRESERVE SOME OF THE CHARACTER OF THE AREA. UH AND THEN WE DEVELOPED. UH THE, UH, THE NEW SECTION OF CHAPTER 11 CHAPTER 11 PART 12. THESE WOULD BE THE, UH, THE STANDARDS THAT WOULD BE PUT IN PLACE. UH, IF SOMEONE WERE TO REQUEST A WAIVER FROM THE CHAPTER THREE PART ONE REGULATIONS, UH THEN THEY WOULD NEED TO GO AND TRY TO MEET THE STANDARDS FOR UH UM OR BETTER SPELLED OUT IN CHAPTER 11 PART 12. ONE OF THE ONE OF THE HIGHLIGHTS THAT WE HAVE HERE IS JUST TALKING ABOUT ANY WAIVER APPLICATION THAT INVOLVES, UH THE, UH, FLOYDS FORK WATERWAY. THEN THEY'D BE REQUIRED TO, UH UM UH, PROVIDE, UH, AN INDEPENDENT, INDEPENDENT ENVIRONMENTAL ASSESSMENT, UH, TO SHOW THAT THEY ARE MEETING THESE FOUR DIFFERENT STANDARDS AND SO THAT YOU KNOW, THEY ARE THE ANY OF THE FOUR DIFFERENT, UH, REQUESTS, UH, THAT ENVIRONMENTAL ASSESSOR WOULD HAVE TO SHOW THAT THEY ARE, UH, EITHER NOT HAVING OR MINIMIZING THE IMPACT OF THE HEALTH OF THE OF THE WATERWAY. UH, YOU KNOW BY BY QUESTION THE WAIVER. UH, SO THE, UH, THE SECOND AND FINAL PLANNING COMMISSION PUBLIC HEARING WAS CONDUCTED ON MARCH 21ST 2024. THE MOTION WAS TO RECOMMEND APPROVAL OF THE AMENDMENT OF THE LAND DEVELOPMENT CODE RELATED TO THE FLOYDS FOR DRO, WHICH WOULD REPLACE THE EXISTING CHAPTER THREE PART ONE AS PRESENTED, UH, WITH, UH ONE MINOR CHANGE THAT THEY MADE AND I. I DIDN'T COVER IT, BUT I'M HAPPY TO TELL YOU WHAT IT IS, IF YOU'RE CURIOUS, [00:15:03] UH AND THEN, UH, CREATING CHAPTER 11, PART 12 THAT PASSED BY A VOTE OF 5 TO, UH TO 0 TO WITH ONE ABS. AND THAT'S ALL THAT I HAVE, UNLESS YOU HAVE ANY QUESTIONS FOR ME. UM I KNOW THAT COUNCILMAN UM P ARGENTI WILL HAVE SOME AMENDMENTS TO MAKE. UM BUT DOES ANYBODY HAVE ANY QUESTIONS ON THIS NOW, BEFORE WE MOVE TO, UM LET UH COUNCILMAN P ARGENTINA EXPLAIN HIS AMENDMENTS. ANY QUESTIONS? SEE NO ONE ONLINE AND I FAILED TO MENTION THAT THIS MEETING IS BEING HELD PURSUANT TO KRS 61.826 IN COUNCIL RULE OF A. WE WERE ALSO JOINED BY COUNCILMAN UM BAKER JUST AS SOON AS WE STARTED A DISCUSSION. SO UH, COUNCILMAN THE ARGENTINA FLOORS YOURS. THANK YOU. CAN YOU HEAR ME? OK, PERFECT. THANK YOU. THANK YOU, MADAM CHAIRWOMAN, UH, I WANNA BEGIN. UH, BY FIRST OF ALL, UH, THANKING MULTIPLE GROUPS, NOT THE LEAST OF WHICH IS PLANNING AND DESIGN AND WORK THAT RYAN DID. UH THIS IS THIS HAS BEEN AN ALMOST TWO YEAR PROCESS. UH, IT IT HAS NOW BEEN A YEAR AND A QUARTER WHERE IT'S BEEN VERY HOT AND HEAVY WORK THAT HAS BEEN DONE. AND I THINK, AS HE OUTLINED, UH, ONE THING THAT NOBODY COULD SAY ABOUT THIS IS THAT WE DID NOT ENGAGE ALL STAKEHOLDERS. STAKEHOLDERS THROUGH EVERY SINGLE PART OF THIS PROCESS. UM I DO WANNA THANK THOSE STAKEHOLDERS. THAT'S THE BROADER COMMUNITY THOSE THAT LIVE IN THE AREA AND THAT ARE INTERESTED IN THE HEALTH OF FLOYD'S FORK. I WANT TO THANK THE BUILDERS WHO ENGAGE IN THIS PROCESS. UH AND THEN AGAIN, PLANNING AND DESIGN. UM THE I WANT TO BE CLEAR AS I INTRODUCE THESE FEW AMENDMENTS WHAT WE'RE TRYING TO ACCOMPLISH HERE. WE'RE WALKING A VERY TIGHT TIGHT ROPE ON A DIFFERENT INTERESTS. ONE IS , UH, LAND USE, SO THE PEOPLE THAT LIVE THERE HAVE THE ABILITY TO USE THEIR LAND IN A WAY THAT, UH, YOU KNOW, THEY HAVE THE RIGHT TO USE THEIR LAND AS IT MAKES SENSE. UH, THERE'S DEVELOPMENT NEEDS IN OUR COMMUNITY. WE DO NEED TO DEVELOP AND HAVE MORE PEOPLE LIVE HERE. BUT OF COURSE, THAT ALL TO BE BALANCED AGAINST ENVIRONMENTAL PROTECTIONS. RIGHT AND EXTERNALITIES, UH, THAT HOW OTHER PEOPLE ARE IMPACTED IN, PARTICULARLY WHEN IT'S WATERWAY EVERY TIME SOMEBODY BUILDS PARTICULARLY UPSTREAM, IT IMMEDIATELY IMPACTS EVERYBODY DOWNSTREAM, SO WE'RE TRYING TO BALANCE ALL OF THESE INTERESTS, AND I WOULD ARGUE WITH THE AMENDMENTS THAT WERE PROPOSING TODAY, UH, ALONG WITH THE WORK THAT WAS ALREADY DONE BY THE PLANNING COMMISSION. WE HAVE ACCOMPLISHED JUST THAT. SO, UM INSIDE THE SYSTEM, AND I THINK IT WAS EMAILED TO MEMBERS OF THE COMMITTEE. UH YOU WILL SEE AN ATTACHMENT NAMED, UH, 0-060 DASH 24 PROPOSED ATTACHED ATTACHMENT A 0506244. IT'S FOR SPECIAL ZONING OVERLAY. THAT'S THE DOCUMENT THAT I'M REFERRING TO AND I'LL WALK THROUGH SOME OF THE PROPOSED AMENDMENTS AND THEN I'LL I'LL LEAVE IT TO. UH UH UM, COUNCILMAN, UH, RENA WEBER OR ANYBODY ELSE WHO WENT ON THE COMMITTEE WHO WANTS TO MAKE THIS AMENDMENT? UH AND THEN, UH AND THEN MOVE FORWARD WITH NEXT STEPS. SO FIRST OF ALL IN THE, UH, FIRST ON SECTION ME AT THE BEGINNING SO I CAN GET YOU THE RIGHT PAGES HERE. UM SO IN THE CHART ON PAGE TWO, SO 3.1 DASH TWO AT THE BOTTOM RIGHT HAND CORNER, UM AFTER SPEAKING WITH THE 21ST CENTURY PARKS ENDOWMENT , UH, THEY OWN ONE PARCEL OF LAND THAT'S INSIDE THE DRO. THAT IS THE ORGANIZATION. UH THAT IS RESPONSIBLE FOR, UH, CREATING A FISCALLY SUSTAINABLE PARKLANDS RIGHT. SO ALL OF THEIR ECONOMIC ACTIVITY MAKES THE PARKLAND SUSTAINABLE. UM WE HAVE THEM EXEMPT, UH, FROM WITH THAT ONE PARCEL THEY OWN. THAT'S INSIDE. THAT'S IMPACTED WITHIN THE DRO, UH BUT THEY ANY NEW ACQUISITIONS THAT THEY MAKE THAT AND ANYTHING THEY DO ON THAT PROPERTY. THEY WILL BE. UH UH, THERE WILL BE SUBJECT TO THE CONDITIONS OF THIS UPDATED CODE. UM THE NEXT SECTION WAS JUST TO MAKE MAKE SURE IT WAS CLEAR. WE WERE TALKING ABOUT AN AVERAGE OF 20 LIVING TREES PER 20,000 SQUARE FEET. SO UM, IT WAS JUST TO MAKE SURE WE WERE BEING CLEAR ON WE WERE TALKING ABOUT AVERAGES. IF YOU GO DOWN TO PAGE 43.1 DASH FOUR. WE DO REFLECT THAT WE HAVE THE ABILITY AS METRO COUNCIL PURSUANT TO SECTION 11.12 0.9 OF THE LAND DEVELOPMENT CODE TO REVIEW CASES THAT COME OUT OF THE PLANNING COMMISSION. IF WE IF WE, UH SEE FIT? UH, IT IS NOT A REQUIREMENT, BUT WE HAVE THE OPTION TO DO SO. WE WANTED TO MAKE SURE THAT WAS REFLECTED HERE. UM UNDER SECTION 3.1 0.3 THAT'S ON PAGE 3.1 DASH SIX UNDER PROTECTED WATERWAY SECTION TWO. NOW I'M GONNA GET A LITTLE TECHNICAL HERE. THERE IS A SECTION THERE'S WITHIN THE [00:20:04] WATERWAY. YOU HAVE A FLOOD PLAIN . YOU HAVE A FLOODWAY. YOU HAVE A CONVEYANCE ZONE. THE CONVEYANCE ZONE IS THE AREA OF WATER. WHERE IF YOU WERE TO BUILD, IT'S PART OF THE FLOOD PLAIN AND IF YOU BUILT IN THERE, THE DEPTH OF THE FLOODING IS SO IS DEEP ENOUGH THAT ANY CONSTRUCTION OR CHANGING OF THE LANDSCAPE WOULD HAVE SUBSTANTIVE IMPACT ON THE FORK. OUTSIDE OF THE CONVEYANCE ZONE. THE WHERE YOU'RE STILL IN THE FLOOD PLAIN A LOT OF THAT LAND EVEN ON 100 YEAR. FLOOD IS VERY SHALLOW, RIGHT SOGGY WATER OR SOGGY LAND. IT'S NOT LIKE YOU KNOW, UH 6 FT. DEEP FLOODING, RIGHT? IT'S VERY, VERY SHALLOW. AND WE HAVE THE FLOOD PLAIN ORDINANCE WHERE IF ANYBODY BUILDS IN THAT AREA, THEY HAVE TO OFFSET BY 1.5 ACRES TO EVERY ONE ACRE OF DEVELOPED LAND, SO IT ACTUALLY MAKES IT UH, EVEN MORE SUSTAINABLE AND PROTECTING WATER FROM MOVING DOWN THE FORK. UH, IF YOU BUILD INSIDE THE FLOOD PLAIN, SO WE DID CLARIFY THAT IF A CONVEYANCE ZONE EXISTS THAT, UH, YOU CANNOT BUILD WITHIN THE CONVEYANCE ZONE . UM IF A CONVEYANCE ZONE DOES NOT EXIST, THEN YOU'RE RESTRICTED FROM BUILDING IN THE FLOOD PLAIN, SO, WE HOPE THAT MS D FINISHES THE CONVEYANCE ZONE ON THE REST OF THE, UH, DRO. BUT UH, WE DID UPDATE THAT LANGUAGE TO BE MORE IN LINE WITH THE INTENT. UH, AND THE TRUE IMPACT ON BUILDING IN THE AREA. UNDER NUMBER FIVE. WE AFTER TALKING TO THE COMMUNITY AND THE DEVELOPERS, UH, WE CERTAINLY WANNA SEE MORE TREE PLANTINGS IN THE AREA AND ALTHOUGH THEY THE BUILDERS CANNOT TOUCH THE BUFFER ZONE AS FAR AS ALTERING AND CHANGING IT, DIGGING IT DOING ANYTHING IN THERE, THEY CAN PLANT TREES, SO WE UPDATED THE LANGUAGE TO ALLOW THEM TO PLANT TREES IN THE BUFFER ZONE. UH, IN THAT SECTION. UM ALBEIT THEY HAVE TO. THEY HAVE TO ABIDE BY NATIVE SPECIES THAT CAN'T BE PLANTING ANY TREE. IT'S GOTTA BE A NATIVE SPECIES, WHICH WE AMENDED IN 3.1 DOT DASH SEVEN. GOING DOWN TO, UH, 3.1 DASH EIGHT. THE BOTTOM OF THAT PAGE. WE DO REQUIRE DEVELOPERS TO FOLLOW CHAPTER 18 OF THE MS D DESIGN, MANUAL OR OTHER PROVEN LOW IMPACT DEVELOPMENT OR GREEN INFRASTRUCTURE PRACTICES. UH, WHEN MITIGATING STORMWATER IMPACTS, UH, AGAIN, MANY TIMES DEVELOPERS ARE ALREADY REQUIRED TO DO THAT. WE WANTED TO ENSURE IT WAS CODIFIED HERE. AND AGAIN THOSE STANDARDS ALREADY EXIST. UM THE, UH UNDER PAGE 3.1 DASH 10, WE DID REQUIRE A MINIMUM 25 FT VEGETATIVE BUFFER AROUND ANY NON RESIDENTIAL DEVELOPMENTS OR ANY COMMERCIAL DEVELOPMENT. THIS IS A RURAL AREA. WE WANT TO KEEP A RURAL FEEL TO IT. UH SO THERE ARE, UH SO WE DID, UH, THE COMMUNITY ASKED FOR A SMALL BUFFER ZONE AROUND OR SMALL VEGETATIVE ZONE TO BE PRESERVED AROUND, UH, COMMERCIAL DEVELOPMENT THERE. UM WE JUST MADE A SMALL CHANGE TO THE LIGHTING AND I THINK, WHICH WAS INTENDED, ALBEIT A TYPO ON NUMBER FOUR, WHICHEVER IS LESS RATHER THAN GREATER. AND THEN WE ARE REQUIRING SIGNAGE TO BE EXTERNALLY LIT TO REDUCE LIGHT BLEEDING INTO THE COMMUNITY. AGAIN IN A VERY RURAL AREA. UM AND THEN I THINK UH, THE WE UPDATED AS FAR AS THE ENVIRONMENTAL ASSESSMENT OF CERTAIN WAIVER REQUESTS THERE. WE DID CLARIFY THE LANGUAGE I. I SPOKE TO ENVIRONMENTAL SCIENTISTS IN THE AREA HEALTH OF THE FLOYD'S FORK WATERWAY IS NOT A RECOGNIZED TERM THAT ENVIRONMENTAL SCIENTISTS WILL USE. THEY USE THE TERM RECOGNIZED ENVIRONMENTAL CONCERN WHEN DOING ENVIRONMENTAL STUDIES . SO WE UPDATED THIS TO USE LANGUAGE THAT IN ENVIRONMENTAL EXPERTS WOULD USE WHEN IDENTIFYING USE RELATED TO, FOR EXAMPLE, A WATERWAY IN THIS CASE. AND THEN THE LAST CHANGE. UH WE MADE, UH, IS RELATED TO THE IMPERVIOUS SURFACE. I KNOW THAT PLANNING AND DESIGN AND RECOMMENDED A 50% IMPERVIOUS SURFACE. UH, MAXIMUM, WE ARE RECOMMENDING A 40% IMPERVIOUS SERVICE. MAXIMUM UM, THE COMMUNITY WANTED TO GO EVEN FURTHER. BUT THERE WAS THERE ARE AGAIN BALANCING CONCERNS HERE. UM WHERE WE DO NOT WANT TO CREATE A CIRCUMSTANCE WHERE NOTHING CAN BE BUILT. BUT WE CERTAINLY WANT, UM A CONSERVATION TYPE BUILT, UH, DESIGN TECHNIQUES TO BE USED AND WHEN MEETING WITH BUILDERS, WHAT I FOUND IS IF YOU'RE AT 50% IMPERVIOUS SURFACE, YOU CAN BASICALLY BUILD A STANDARD R FOUR. SUBDIVISION. IF YOU GO BELOW THAT, THEN IT REQUIRES BUILDERS TO USE CONSERVATION TECHNIQUES. AND WHEN I LOOKED AT [00:25:02] CONSERVATION SUBDIVISIONS IN THE AREA AND THAT ARE USED THROUGHOUT THE COUNTY, USUALLY THEY HIT, UM IN THE IN THE MID TO HIGH THIRTIES IN IMPERVIOUS SURFACE, SO THIS CHANGE WILL CERTAINLY ENSURE THAT, UH, CONSERVATION STANDARDS ARE USED AND WE DON'T OVERLY PAVE THE AREA, WHICH DOES ALTER HOW WATER MOVES, WHICH IS ONE OF THE MAJOR CONCERNS IN THE FLOYD'S FORK WATERWAY. SO ALL OF THOSE CHANGES TO SOME DEGREE OR ANOTHER OVER THE LAST SEVERAL WEEKS HAVE BEEN DISCUSSED WITH THE RELEVANT PARTIES. THE COMMUNITY, THE BUILDERS, UH AFTER SPEAKING WITH WITH MANY PEOPLE. THESE WERE RECOMMENDATIONS THAT WERE MADE TO THE PLANNING COMMISSION. THE PLANNING COMMISSION ADOPTED WHAT PLANNING AND ZONING PUT FORWARD. THEY DID NOT MAKE ANY SUBSTANTIVE CHANGES. AS BRIAN INDICATED. I THINK THIS MORE ACCURATELY REFLECTS WHAT, UH WHAT ALL PARTIES WERE LOOKING FOR, INCLUDING BUILDERS AND THE COMMUNITY TO AGAIN, UH, ADD A FEW MORE TWEAKS THAT WERE RECOMMENDED AT THAT MEETING, BUT JUST WERE NOT ADOPTED. SO IF, UM IF, UH, COUNCILMAN RENA WEBER OR OTHER MEMBERS OF THE COMMITTEE CAN DO THAT, AND I, AND I BELIEVE THERE MAY BE EVEN 11 OR TWO MORE SMALL CHANGES. UH, THAT MAY BE PROPOSED HERE AS WELL. SO UH, IF SOMEBODY WOULD MAKE THAT EMOTION, I WOULD APPRECIATE IT. OH, SORRY. I WAS JUST GONNA INTERJECT BECAUSE THERE WAS ONE CHANGE THAT WAS NOT MADE TO THE DOCUMENT. IT WAS CONCLUDED IN THE EMAIL, SO I JUST WANTED TO MAKE SURE THAT ENDS UP AS PART OF THE MOTION. UM THE THERE WAS A REQUEST TO MEN MAP A TO REFLECT THE INCLUSION OF OLD TAYLORSVILLE ROAD THAT ISN'T IN DRAFT, BUT IT WOULD NEED TO BE MADE. YES, THANK YOU. THAT SHOULD BE PART OF THE MOTION AS WELL, OF COURSE. A MOTION. PROBABLY MOVE THE SECOND ALL IN FAVOR OF THE AMENDMENT SIGNIFIED BY SAYING I THOSE OPPOSED BY LIKE SIGN. NO. THE MOTION PASSES. AND I THINK MADAM CHAIR COUNCILMAN RENA WEBER. THEY WANTED TO MAKE AAA RECOMMENDATION. YEP. I'LL DEFER TO, UH, THE COUNTY ATTORNEY FOR A COUPLE ADDITIONAL PIECES. YES UM, SO THE TWO ADDITIONAL CHANGES THAT WOULD BE MADE IS ON PAGE. 3.1 DASH EIGHT UNDER TREES AND VEGETATION. A NEW SEVEN WOULD BE ADDED, WHICH SAYS THE TREE CANOPY PRESERVATION REQUIREMENT SHALL BE 50% INSTEAD OF THE 20% SET FORTH IN SECTION 10.1 0.4. AND THEN IN ON 3.1 DASH 10 THAT PAGE UNDER G IMPERVIOUS SURFACE. UM AT THE END OF THAT SENTENCE, THERE WOULD BE A SEMICOLON AND IT SAYS , AND SHALL COVER NO MORE THAN 30% OF THE REGULATORY FLOODPLAIN ON EACH SITE. AND THOSE A RE THE TWO ADDITIONAL CHANGES. MOTION SECOND, ALL THOSE IN FAVOR OF THE AMENDMENT SIGNIFIED BY SAYING, II. I THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION CARRIES COUNCIL. UM KMAN RENO. WEBER, UM HAVE JENNIFER CHAPPELL AHEAD OF YOU. IS THAT OK? I DIDN'T KNOW IF YOU WERE FOLLOWING UP FROM BECAUSE YOU HAVE OTHER AMENDMENTS, RIGHT? THAT'S IT. OH, GOOD COUNCIL MEMBER JENNIFER CHAPPELL. UM, I WOULD LIKE TO GET BACK IN THE QUEUE AND SEE IF THERE ARE ANY MORE AMENDMENTS BEFORE I SPEAK. NO MORE AMENDMENTS. THERE'S NO MORE AMENDMENTS, OK? WELL THANKS TO EVERYONE AND AGAIN. I'M SO SORRY. PLEASE BEAR WITH ME. UM THANKS TO EVERYONE THAT'S BEEN WORKING ON THIS AS A FORMER JEFFERSON COUNTY SOIL AND WATER CONSERVATION DISTRICT SUPERVISOR . I RECALL THIS BEING A TOPIC OF DISCUSSION TOWARDS THE END OF MY TENURE WITH THE CONSERVATION DISTRICT. TO BE CLEAR. MY CONCERNS WERE CENTERED AROUND THE ENVIRONMENT AND NOT DEVELOPMENT. UNFORTUNATELY WITH THE BUSINESS OF CHURCHILL DOWNS BEING IN MY DISTRICT AND THAT LITTLE HORSE RACE HAPPENING THIS PAST WEEKEND PAIRED WITH MY SICKNESS. UM I HAVEN'T HAD THE OPPORTUNITY TO REALLY DIVE INTO THE CONCERNS THAT ARE IN MY INBOX REGARDING THIS LEGISLATION. SO WITH THAT. PAIRED WITH THE PROPOSED AMENDMENTS OR THE AMENDMENTS THAT WE'VE ADOPTED TODAY. UM I WOULD LIKE TO MAKE A MOTION TO TABLE THIS ITEM WITH THE PROMISE OF BEING BETTER PREPARED NEXT TIME. UM AND GIVING US THE ABILITY TO BETTER DIGEST THE FULL SCOPE OF WHAT IS ON THE TABLE. UM I KNOW THAT THIS HAS [00:30:01] BEEN SOMETHING THAT'S BEEN DISCUSSED FOR THE LAST TWO YEARS . UM AND I HOPE THAT TWO MORE WEEKS WELL BE UM OUT OF QUESTION FOR THIS. UM, IT'S VERY IMPORTANT THAT WE GET THIS RIGHT AND THAT WE MAKE SURE THAT THE WORK THAT THE FOLKS HAVE BEEN DOING, UH, WILL SERVE OUR COMMUNITY FOR YEARS AND YEARS TO COME. UM SO I'M GONNA MAKE THAT MOTION TO TABLE THIS TO OUR NEXT MEETING. UM IF ANYONE WOULD LIKE TO SECOND. THERE IS NO SECOND SO THE MOTION FAILS. COUNCILMAN RING. NO, WEBER. UH, I JUST WANNA SAY THANK YOU TO ALL THE PEOPLE WHO'VE BEEN BUT THE PARTICULAR THE COMMUNITY MEMBERS WHO HAVE PUT COUNTLESS VOLUNTEER HOURS TO THIS I MEAN, IT HAS BEEN. WE HAVE LISTENED AND HEARD AND FOUGHT AND NEGOTIATED AND UH, OVER THE LAST COUPLE OF DAYS , I'VE GOTTEN LARGELY VERY POSITIVE FEEDBACK. FROM THE RESIDENTS THAT THEY'RE CONCERNS WERE HEARD AND THAT WE'VE NEGOTIATED THE BEST DEAL POSSIBLE. UM SO I JUST I KNOW THAT THOSE THESE ARE UNPAID COMMUNITY MEMBER. WHO HAVE REALLY DONE THE WORK, AND THIS IS WHAT DEMOCRACY LOOKS LIKE, SO I'M GRATEFUL TO THEM. JUST WANTED TO SAY THAT ON THE RECORD THANK YOU, COUNCILMAN OWEN. THANK YOU. CHAIR I. I ALSO WANTED TO SAY THAT IT'S I THINK IT'S CLEAR TO ANYBODY LISTENING HERE. HOW COMPLICATED THIS CAN BE. UM AND SO EVERYBODY THAT'S WORKED ON THIS, UH, IT IT AND COUNCILOR MARINO WEBER IS EXACTLY RIGHT. UH AND I WANT TO SAY IN PARTICULAR TO COUNCILMAN THE ARGENTI. UM WHO, UH, A LARGE PART OF THIS AREA IS IN HIS DISTRICT AND I KNOW HE'S BEEN VERY INVOLVED, AND I DO THINK THAT WE AS A GROUP AS A METRO GOVERNMENT HAVE LISTENED VERY WELL IN THIS REGARD. UH, IN THIS INSTANCE, SORRY. UM AND WE'VE ARRIVED AT A PLACE UM, THAT THAT IS PRETTY DARN GOOD. UH, GIVEN A NEEDLE THAT WE WERE TRYING TO THREAD, SO I JUST WANTED TO SAY HOW COMPLICATED IT IS. HOW MUCH WORK WAS PUT IN HERE AND HOW MUCH I APPRECIATE THE PROCESS, UH, THAT OCCURRED TO GET WHERE WE ARE. THANKS. COUNCILMAN BENSON THANK YOU, MADAM CHAIR. UH, PROBABLY THE BIGGEST PART IS IN DISTRICT 20. NOT IN 19, BUT, UH, I'VE BEEN WORKING ON THIS FOR 20 YEARS WE'VE FUNDED THAT. FLOYD'S FORK STUDY $60,000 AND NUMBER OF THINGS AND I'VE TRIED TO LET PEOPLE IN THE DISTRICT TELL WHAT THEY WHAT THEY WANT. BECAUSE I KNOW WHEN I OPEN MY MOUTH. SOMETIMES PEOPLE THINK I'M ANOINTED WITH KNOWLEDGE AND I'M NOT AND I DON'T WANT PEOPLE TO GO WITH ME. I WANT TO GO. WHAT'S RIGHT? AND SO THERE'S A NUMBER OF THINGS. IT'S THAT WHEN I'M BEHIND THE SCENES, SOMETIMES I ASK BRIAN OR SOMEBODY ABOUT CERTAIN THINGS BECAUSE SOMETIMES PEOPLE LIKE TO EMBARRASS PEOPLE. IN A IN A SITUATION AND THINK THEY MAKE THEMSELVES LOOK GOOD. AND I NEVER WANT TO DO THAT, BECAUSE I DON'T THINK I CAN LOOK GOOD. BUT HERE'S ONE OF THE THINGS THAT SOMEWHAT BOTHERS ME LATER WE'RE GONNA HAVE TO DEAL WITH. I THINK MAYBE IT WON'T BOTHER NOBODY. BUT YOU KNOW, I UH UH, IN MY DISTRICT, THERE'S A WHOLE LOT OF THE JEAN JJ EXPRESSWAY. AND UH, THE GOVERNMENT CAME ALONG AND DIVIDED A LOT OF FARMS. A LOT OF THESE OLD PEOPLE. TO ME. THEY GOT J BY THE GOVERNMENT, YOU KNOW? HEY, YOU TAKE THIS OR THIS IS THE BIT YOU'RE GONNA GET AND BUY THE FARM AND HALF THE FARM IS IN LANDLOCK. THEY CAN'T DO NOTHING WITH IT. HOW MUCH IS IT WORTH? WELL THAT THAT STUFF BOTHERS ME. WE HAVE. WE HAVE DONE SOME THINGS HERE THAT THAT'S GONNA MAKE THINGS NICE FOR A LOT OF PEOPLE. BUFFER AREAS PROTECTING THE STREAM. ALTHOUGH THE WATER QUALITY DIDN'T COME FROM US, IT COMES FROM SHELBY COUNTY. UH AND SO I WE WE'RE LIMITED ON HOW MUCH WE CAN DO, BUT THIS BUFFER AREA THAT YOU KNOW NOW IT'S 200 FT AND WHATEVER, UH, BASICALLY THE PEOPLE WHO OWNS THAT PROPERTY, THEY CAN'T DO NOTHING WITH IT. IT'S BELONGS TO THE GOVERNMENT. KINDA. IN OTHER PAYING TAX ON IT. AND AGAIN, NO SAY HOW MUCH IS IT WORTH? YOU WANT TO SELL IT? WHO WANTS TO BUY SOMETHING YOU CAN'T DO NOTHING WITH AND SO TO ME. IF ANYTHING WE SHOULD DO IS TRY TO GET IT OFF THE TAX ROLLS. THOSE PEOPLE SHOULDN'T HAVE TO BE PAYING TAXES EVERY YEAR ON ON PROPERTY THAT IT BELONGS TO EVERYBODY. THEORETICALLY IT JUST JUST A THOUGHT I'M HAVING BECAUSE YOU TO PASS SOMETHING YOU NEED. 14 VOTES, UM AND OR IF WE CAN COME UP WITH SAYING, HEY, THIS IS THE TIME THAT MAYBE WE, UH, COMPENSATE THE PEOPLE AND, UH [00:35:01] AND OWN IT INSTEAD OF MAKING A FEW PEOPLE, UH, HAVE TO PAY AND EVERYBODY GETS A BENEFIT. SO THAT'S JUST A THOUGHT. IN MY MIND THE THERE HAS BEEN A LOT OF WORK ON THIS AND A LOT OF PEOPLE HAVE BEEN INVOLVED IN. UM AND I APPRECIATE ALL THEIR WORK. THANK YOU. YOU KNOW, THIS IS ONE AREA FLOYD'S FOR, BUT I DON'T THAT I DON'T THINK WE EVER EVER STOPPED TALKING ABOUT SINCE. THE COUNCIL SAT AND I DON'T THINK WE'LL EVER STOP BECAUSE WE'RE ALWAYS LOOKING TO IMPROVE WHAT WE GIVE TO FUTURE GENERATIONS. AND WE SHOULD. THAT'S WHY NOTHING IS WRITTEN IN STONE AS THOUGH IT WILL ADAPT TO THINGS AS THEY CHANGE. UM AND I LIKE THE, UM AMENDMENTS THAT WERE OFFERED TODAY BECAUSE I FEEL LIKE IT, UM NOT EVERYBODY'S GONNA BE HAPPY. BUT NOT EVERYBODY'S GONNA BE GLAD, EITHER, AND I THINK THAT'S A SIGN OF GOOD LEGISLATION WHEN EVERYBODY HAS TO CONCEDE A LITTLE BIT. TO MAKE THE BEST THAT WE CAN AT THE TIME. UH, IS THERE ANY BOND ONLINE THAT WISHES TO SPEAK OR ASK QUESTIONS. I SEE THEM. I BELIEVE WE'RE READY TO VOTE. CHERYL. OPEN. YES, HE SAID. CLOSING. CLOSE IS CLOSED. THERE ARE SIX YES, AND I'M SORRY. SIX YEARS AND ONE NO VOTE. AND THIS WILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. I WANNA THANK PLANNING AND DESIGN. UH, STAFF TOO, FOR EVERYTHING THAT THEY'VE DONE, UM , ON WORKING ILLNESS FOR THE PAST COUPLE OF YEARS, AND FOR THE PUBLIC AT LARGE, THANK YOU VERY MUCH. THANK YOU, MADAM CHAIR. THANK YOU COLLEAGUES. WE'RE MOVING ON TO DISCUSSION ITEM NUMBER ONE, WHICH, UH, IS ABOUT THE HOMELESS AND CRISIS SHELTERS. MR DAVIES. ALL RIGHT. GOOD AFTERNOON. YOU MAY RECALL [1. ID 24-0253     HOMELESS AND CRISIS SHELTERS – Brian Davis, Office of Planning] BACK IN FEBRUARY. UM, COUNCILMAN ARTHUR, UH, HELPED LEAD THROUGH A RESOLUTION ASKING OUR OFFICE TO TAKE A LOOK AT, UH, THE LAND DEVELOPMENT CODE AND SEE, UH, YOU KNOW, KIND OF LOOK AND SEE WHAT WE HAVE IN THERE IN REGARDS TO A HOMELESS SHELTERS AND CRISIS SHELTERS AND, UH, ASK US TO DO SOME RESEARCH ON THE TOPIC AND SEE WHAT UH SOME OTHER COMMUNITIES HAVE BEEN DOING. AND SO AT THIS TIME, I WANTED TO ASK, UH, JOE DOCTOR TO COME UP, AND, UH, BECAUSE HE HAS BEEN, UH, FIERCELY RESEARCHING THIS TOPIC, AND SO HE CAN PROVIDE THE INFORMATION. UH THAT, UH, THAT YOU ALL HAVE BEEN ASKING FOR, UH , YOU KNOW, ONE OF THE REASONS FOR THIS IS BECAUSE IN THAT RESOLUTION, IT ASKED US TO COME BACK WITHIN 60 DAYS OF PASSING TO GIVE YOU AN IDEA OF WHAT THAT INFORMATION IS THAT WE HAVE BEEN FIGHTING, AND SO THAT'S WHAT JOE'S GONNA PRESENT THIS TIME. THANK YOU. BREATHING. YEAH. ALL RIGHT. THANK YOU, BRIAN. AND UH UH, IT'S A PLEASURE TO BE BEFORE MEMBERS OF THE PLANNING AND ZONING COMMITTEE OF LOUISVILLE METRO COUNCIL. MY NAME IS JOEL. DO I'M THE PLANNING SUPERVISOR OF UH, WITH THE OFFICE OF PLANNING FOR THE BOARD OF ZONING ADJUSTMENT STAFF AS WELL AS, UH, LANE DEVELOPMENT CODE. UH REFORM . BUT TODAY I'M HERE TO TALK ABOUT HOMELESS IN CRISIS SHELTERS AND THE PRELIMINARY BACKGROUND RESEARCH THAT WE'VE CONDUCTED ON THIS TOPIC. UM SO I'LL JUST BEGIN WITH WHAT OUR CURRENT LAND USE REGULATIONS ARE FOR SHELTERS. THE LAND DEVELOPMENT CODE CURRENTLY DEFINES HOMELESS SHELTERS AS A FACILITY, THE PRIMARY PURPOSE OF WHICH IS TO PROVIDE TEMPORARY SHELTER AND LIVING QUARTERS. UM, THIS MAY INCLUDE OVERNIGHT SLEEPING ACCOMMODATIONS, UH, YOU MAY CHARGE OR YOU MAY NOT CHARGE YOU MAY PROVIDE MEALS, YOU MAY PROVIDE ADDITIONAL SOCIAL EDUCATION AND HEALTH SERVICES, AND THE FACILITY IS ALWAYS STAFFED. UM SO CURRENTLY WITHIN OUR LAND DEVELOPMENT CODE, AND WITHIN LOUISVILLE METRO HOMELESS SHELTERS ARE ALLOWED BY CONDITIONAL USE PERMIT AND ANY RESIDENTIAL ZONING DISTRICT, SO A CONDITIONAL USE PERMIT IS A PROCESS BY WHICH THERE'S A PRE APPLICATION. THERE'S A NEIGHBORHOOD MEETING. THERE'S A FORMAL APPLICATION, AND THERE'S A FORMAL PUBLIC HEARING BEFORE THE BOARD OF ZONING ADJUSTMENT, AND THE BOARD OF ZONING ADJUSTMENT TAKES FINAL ACTION ON THAT CONDITIONAL USE PERMIT. YOU KNOW THE REQUIREMENTS CURRENTLY FOR THIS CONDITIONAL USE PERMIT. WE NEED TO SEE A MANAGEMENT PLAN AND RULES OF CONDUCT. UH, THE RESIDENTIAL STRUCTURE MUST PRESENT REMAIN RESIDENTIAL IN CHARACTER. THERE'S NO SEPARATION [00:40:01] REQUIREMENT LIKE WE HAVE ON OTHER USES, BUT IT DOES INSTRUCT THE BOARD TO CONSIDER OTHER LOCATIONS OF GROUP HOUSING. UH THERE IS ALSO A LOCAL LICENSE REQUIRED, UM THIS LOCAL LICENSE IS REQUIRED FOR ALL GROUP HOUSING, INCLUDING, UM, SHELTER, SO TRANSITIONAL HOUSING, REHABILITATION. HOUSING. UM AND HOMELESS SHELTERS. UM THE STATE MAY ALSO NEED TO REVIEW AND APPROVE FOR SHELTERS THAT HAVE 16 OR MORE PEOPLE OR FOR SHELTERS THAT HAVE FIVE OR MORE PEOPLE AND PROVIDE MEDICAL CARE. UM WE ALSO HAVE SPECIAL STANDARDS IN OUR LAND DEVELOPMENT CODE THAT ALLOW FOR SHELTERS TO BE PERMITTED IN CERTAIN ZONING DISTRICTS IF THEY MEET A SPECIFIC SET OF STANDARDS . UM SO, UM, OCCUPANCY IS DETERMINED BY LAND SIZE, AVERAGE FAMILY SIZE AND FOR THE DWELLING UNITS, AND THEN YOU KNOW IT. TALKS ABOUT, YOU KNOW, GETTING THE LICENSE. UM UH, MAINTAINING SEPARATION. UM, CRISIS SHELTERS ARE NOT CURRENTLY DEFINED OR REGULATED IN OUR LAND DEVELOPMENT CODE. SO JUST TO GO TO LAND USE HISTORY ON SHELTERS HERE IN LOUISVILLE FROM 1931 TO 2010 SHELTERS WERE NOT EXPRESS REGULATED CRISIS SHELTERS ARE STILL NOT EXPRESS EXPRESSLY REGULATED. THEY'RE NOT DEFINED AT ALL IN OUR LAND DEVELOPMENT CODE, YOU KNOW, WE DO SEE THAT WELL FROM 1931 TO 2010 HOMELESS SHELTERS JUST DIDN'T EXIST IN OUR COMMUNITY THEY EXISTED. AND I'LL HAVE A LITTLE BIT MORE ON ON WHY THEY EXISTED HERE IN A LITTLE BIT, SO YOU KNOW, BETWEEN 1931 AND 2010. THERE ARE A NUMBER OF DIFFERENT USES THAT EXIST OUT THERE. INSTITUTIONS OF A PHILANTHROPIC NATURE ACCESSORY RESIDENTIAL USES ACCESSORY TO RELIGIOUS INSTITUTIONS. GOVERNMENT OPERATED SO COME 2010 . THERE IS A CASE NUMBER 14 879, WHICH WAS THE ADOPTED HOMELESS SHELTER STANDARDS, WHICH DEFINED HOMELESS SHELTERS OF THE BACKGROUND ON ON WHY THIS REGULATION CAME ABOUT A COMPLAINT WAS FILED WITH THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN NOVEMBER OF 2009 DEALING WITH A REQUEST FOR A HOMELESS SHELTER ON EAST BROADWAY AND BECAUSE THE LAND DEVELOPMENT CODE DID NOT REGULATE HOMELESS SHELTER. OR DEFINE HOMELESS SHELTERS. THE REQUEST ESSENTIALLY WAS DENIED. UM, SO A COMPLAINT WAS FILED. METRO AS A RESULT OF THIS COMPLAINT AGREED TO ADOPT RECOMMENDED L DC STANDARDS. UH, PRIOR TO DECEMBER OF 2010, AND THEY ADOPTED THOSE STANDARDS IN NOVEMBER, SO THIS WAS THE FIRST TIME HOMELESS SHELTERS WOULD BE DEFINED. UM AND WHERE WE WOULD GET THE FIRST INSTANCE OF PERMITTED WITH SPECIAL STANDARDS . CONDITIONAL USE PERMITS AND A LICENSE WAS, UH UH, REQUIREMENT WAS INTRODUCED IN 2010. IN 2021. THERE WERE UPDATES TO GROUP HOUSING. UH, METRO COUNCIL RECOGNIZED THAT BOARDING IN GROUP HOUSING WERE NOT ADEQUATELY REGULATED AND INSTRUCTED, PLANNING AND DESIGN SERVICES TO CARRY OUT A REVIEW OF LOCAL ORDINANCES. UH, THE UPDATES INCLUDED LANGUAGE CONSISTENCY BETWEEN GROUP HOUSING USES HOMELESS SHELTERS, REHABILITATION, HOME TRANSITIONAL HOUSING. UH CONSISTENCY BETWEEN LICENSING AND THE LOUISVILLE METRO CODE OF ORDINANCES ADDED A MANAGEMENT PLAN REQUIREMENT. RULES OF CONDUCT AND ADDITIONAL STANDARDS , AND THIS IS WHERE I GET TO THE EXISTENCE OF HOMELESS SHELTERS. I THINK A LOT OF THE HOMELESS SHELTERS ARE ASSOCIATED WITH RELIGIOUS ORGANIZATIONS. RELIGIOUS ORGANIZATIONS PROVIDE THOSE AS ACCESSORY USES ON THEIR GROUNDS AND PRIOR TO 2017 EXPRESS PERMISSION TO OPERATE A HOMELESS SHELTER AS AN ACCESSORY USE MAY NOT HAVE BEEN SPECIFICALLY REQUESTED BY THE OFFICE OF PLANNING BECAUSE PRIOR TO 2017, THERE WAS NO REQUIREMENT FOR RELIGIOUS INSTITUTIONS AND FAMILY ZONES TO REQUEST A CONDITIONAL USE PERMIT . SO NOW, IF A SHELTER IF A RELIGIOUS ORGANIZATION IN A SINGLE FAMILY ZONE WANTS TO OPEN A SHELTER OR ANY OTHER TYPE OF ACCESSORY SERVICE, AND THAT INVOLVES BUILDING A NEW STRUCTURE, IT WILL REQUIRE A CONDITIONAL USE PERMIT. SO A FEW NOTE FROM THE, UH, COALITION FROM THE HOMELESS ON JUST THE LOCAL CONDITIONS FOR SHELTERS, AND, UH, THIS WAS A GOOD CONVERSATION TO HAVE TO COMBINE WITH SOME OF THE RESEARCH THAT, UM, THAT I PUT TOGETHER THAT I'LL I'LL SHOW IN JUST A MINUTE, SO THE FAMILY SHELTER ECOSYSTEM NEEDS ADDITIONAL CHOICES TO FILL A GROWING DEMAND, SO THERE'S MORE DEMAND FOR SHELTERS FOR WOMEN AND CHILDREN AND FAMILIES. UM, AND MORE DEMAND FOR SPECIFIC NEEDS OF INDIVIDUALS SEEKING SHELTER. SHELTERS FACE IMMENSE PRESSURE ON WHITE FLAG DAYS OR, YOU KNOW WHEN THERE IS, UM YOU KNOW, HOT OR COLD, UH, WEATHER, AND THERE'S REALLY THREE TYPES OF THERE'S REALLY THREE PRIMARY TYPES OF SHELTER CONDITIONS. UM HERE IN LOUISVILLE. LOW BARRIER SHELTER, SO LOW BARRIER OF ENTRY . UM YOU MIGHT NOT HAVE TO GET OUT RIGHT AT DAWN. YOU MIGHT BE ABLE TO STAY A LITTLE BIT LONGER. THERE'S TRADITIONAL SHELTERS THAT YOU HAVE TO YOU KNOW YOU YOU GO IN IT DUST. YOU [00:45:04] HAVE TO LEAVE IT DAWN. THERE MIGHT BE STRICT REQUIREMENTS ON THE INDIVIDUALS WHO USE THAT FACIL FACILITY. AND THEN THERE'S JUST DAY SHELTERS. UM TRANSITIONAL FACILITIES ARE ALSO A GROWING MARKET AND POPULAR FOR FAMILIES. I KNOW WE'VE DONE, UM, SOME WORK AT AT SAINT JUDE'S SAINT VINCENT DE PAUL OVER ON ST CATHER STREET, UM FOR A PROPOSAL TO EXPAND THEIR OPTIONS TO, UH FAMILIES FOR WOMEN AND CHILDREN AND TO PROVIDE UNIT SPECIFICALLY FOR FAMILIES TO STAY TOGETHER. UM, THE PRIMARY NEEDS FOR THE LOCATION OF SHELTERS, YOU KNOW, ACCESS TO FOOD, PUBLIC TRANSIT, MEDICAL CARE AND OTHER SOCIAL SERVICES. SO IT FOR ALL LAND DEVELOPMENT CODE AMENDMENTS. YOU KNOW, WE'RE GOING TO LOOK AT WHAT PEER CITIES ARE DOING AND BY PURE CITIES, YOU KNOW, WE LOOK AT CHARLOTTE. WE LOOK AT NASHVILLE. WE LOOK AT INDIANAPOLIS AND THEN WE START LOOKING AT. OK WELL, WE ARE WE, UM ARE WE FINDING INFORMATION? ARE WE NOT FINDING INFORMATION? DO WE NEED TO LOOK AT OTHER CITIES AND PEEL FROM OTHER CITIES TO BRING THIS TOGETHER? UM SO WE LOOKED AT AT AT CHARLOTTE, NASHVILLE, INDIANAPOLIS, AUSTIN. I CAN I CAN GO THROUGH THERE, BUT BUT I ALSO WANTED TO LOOK AT, UM, SOME PLACES IN KENTUCKY, SO BOWLING GREEN WARREN LEX. 10 BECAUSE WE'RE BOTH UNDER THE SAME KRS. UM, WHAT I FOUND WAS IN THE I'M GONNA CALL THEM SMALLER LOCATIONS. THEY'RE NOT REALLY TOO SMALL. NASHVILLE INDIANAPOLIS. UM IT WE REALLY HAD TO GET AT CITIES THAT WERE EXPERIENCING A, UM A GREATER AMOUNT OF HOMELESSNESS IN A MUCH LARGER RATE. SO WE LOOKED AT CHICAGO, MINNEAPOLIS, UM AND SEATTLE, UH, FOR HOW THEY HAVE HAVE DEALT WITH THESE ISSUES, UM, OVER TIME. UM SO JUST AN OVERARCHING THEME THAT CAME ABOUT WHEN LOOKING AT HOMELESS SHELTERS WAS, UM, CITIES THAT EXPRESSLY REGULATED SHELTERS. UM CHARLOTTE, CHICAGO AND SEATTLE. SEPARATED UM, SHELTERS AND PROVIDED FOR, UH, REGULATIONS FOR DOMESTIC VIOLENCE SHELTERS, INCLUDING SEXUAL ABUSE AND HUMAN TRAFFICKING, UH DOMESTIC VIOLENCE, SHELTERS, ACCOMMODATING WOMEN AND FAMILY WERE THE LEAST RESTRICTED WHILE SINGLE MALE SHELTERS WERE THE MOST RESTRICTIVE. UM, CHICAGO DISTINGUISHED TRANSITIONAL SHELTERS. UM FROM, UH, A TEMPORARY OVERNIGHT SHELTERS. UM MINNEAPOLIS REGULATED BOTH EMERGENCY SHELTERS AND OVERNIGHT SHELTERS. THEY REQUIRED A CONDITIONAL USE PERMIT FOR OVERNIGHT AND OVERNIGHT, BUT THE REGULATIONS WERE DIFFERENT BETWEEN THEM AND ALSO HAD EXCEPTIONS FOR, UM SHELTERS ACCESSORY TO RELIGIOUS INSTITUTIONS. THEY ALSO CREATED SOMETHING THAT I DIDN'T SEE IN OTHER CITIES, AND THAT WAS A SPECIAL OVERLAY DISTRICT FOR THE LOCATION OF HOMELESS SHELTERS. UM, NOW, ULTIMATELY, I COULD NOT FIND THAT ON THE MAP, SO IT'S UNCLEAR WHETHER OR NOT THE DISTRICT HAS ACTUALLY BEEN PUT DOWN ON THE MAP, AND THERE'S A LITTLE BIT MORE RESEARCH TO DO ABOUT THAT TYPE OF, UM UM APPROACH. UM YOU KNOW, SEATTLE UTILIZED A LOT OF SPECIAL STANDARDS. UM YOU KNOW THEY REGULATE AGAIN. DOMESTIC VIOLENCE SHELTERS THEY WANT THEY , UM, UH, COMPILED A LOT OF THESE USES INTO A NEW TERM CALLED HUMAN SERVICE USES, SO THEY SEPARATED IT FROM A COMMERCIAL USE AND A RESIDENTIAL USE AND PUT IT INTO A NEW CATEGORY OF THIS IS A HUMAN SERVICE USE, AND THERE WERE A NUMBER OF DIFFERENT CATEGORIES OF USES AND TYPES THAT FELL UNDER THAT UMBRELLA. UM, LOOKING AT LEXINGTON. UM YOU KNOW THEY THEY ALLOW DAY SHELTERS IN THE OFFICE AND NEIGHBORHOOD BUSINESS DISTRICTS, CUPS AND ALL THE OTHER DISTRICTS JUST LIKE WHAT WE ALLOW. UM HERE THEY DID SPECIFICALLY DEFINE DAY SHELTER. WE DON'T DO THAT HERE. UM AND THEN AGAIN, LOOKING AT AUSTIN. THEY SEPARATE SHELTERS. UM BY YOU KNOW AGAIN, YOU SEE DOMESTIC VIOLENCE, VICTIMS OF CRIME ABUSE OR NEGLECT. SO UM, I THINK OVERALL IN LOOKING AT THE CITIES , A LOT OF THE CITIES TOOK, UM, A MORE IN DEPTH APPROACH WITH DEFINING THE SPECIFIC UM, DEMOGRAPHICS OF WHO NEEDS SHELTER. WOMEN FAMILIES, MEN. AND THEN BROKE DOWN SOME DIFFERENT CATEGORIES. AND I THINK THAT ALLOWED THESE OTHER CITIES TO HAVE, YOU KNOW, MORE PERMISSIVE REGULATIONS FOR, SAY, UH WOMEN AND FAMILIES THAT ARE HOMELESS. AND UM, YOU KNOW, THE MOST PERMISSIVE OR THE MOST UNREGULATED WAR, DOMESTIC VIOLENCE, SO PEOPLE FLEEING DOMESTIC VIOLENCE FLEEING ABUSE. FLEEING HUMAN TRAFFICKING. THOSE SHELTERS UM AND I, I CAN PULL THE SPECIFICS. IF THE QUESTION COMES UP, YOU KNOW THOSE SHELTERS WERE THE LEAST REGULATED IN MANY AREAS AND ALLOWED TO GO JUST ABOUT ANYWHERE WITH SPECIAL CONDITIONS. SO OUR NEXT STEPS ON ON THIS PROJECT, YOU KNOW, CONTINUE TO MEET WITH SUPPORT [00:50:07] GROUPS AND PROVIDERS. YOU KNOW, IT REALLY HELPS, YOU KNOW, IN RESEARCHING MEETING WITH THOSE PROVIDERS GOING BACK AND GETTING AN IDEA OF WHAT THOSE LOCAL CONDITIONS ARE SPECIFICALLY WHAT THE NEEDS ARE WITHIN THE SHELTERS. YOU KNOW WHAT THEY ENVISION THE FUTURE TO BE FOR THEIR SERVICES AND THEN AFTER THAT SCHEDULED COMMUNITY MEETINGS, MEET WITH INTERESTED PARTY GROUPS, A LOT OF THE THINGS THAT WE'VE BEEN DOING REALLY WELL WITH, YOU KNOW THE ENGAGEMENT ON THE FLOYDS FOR UH, OVERLAY, UH, THE ENGAGEMENT THAT WE DO THROUGH THE LAND DEVELOPMENT CODE REFORM, AND THEN WE'LL BEGIN INCORPORATING THESE CONVERSATIONS ON HOMELESS CRISIS HOMELESS IN CRISIS SHELTERS. YOU KNOW, WE HAVE CONVERSATIONS ABOUT THIS IN OUR LIBRARY HOUR CONVERSATIONS, BUT WE'LL BEGIN TO INCORPORATE THAT MORE IN OUR CONVERSATIONS. UM AT THE LOUISVILLE FREE PUBLIC LIBRARY. YOU KNOW WHERE THERE JUST ABOUT EVERY OTHER TUESDAY FOR FOUR HOURS TO HAVE OPEN CONVERSATIONS, SO THAT'S ALWAYS AN OPTION FOR CONTINUED ENGAGEMENT. YOU KNOW WITH THAT? I'M HAPPY TO TAKE ANY QUESTIONS AGAIN. THIS IS JUST KIND OF A PRELIMINARY OVERVIEW OF SOME, UH, INITIAL FINDINGS THAT WE PUT TOGETHER. SO AGAIN. THANK YOU. CAN I ASK JUST A QUICK QUESTION WHEN WE TALK ABOUT WHITE FLAGS. WHO DEFINES THAT. IS IT? JUST NOT? IT'S NOT DEFINED ANYWHERE, OR IS IT JUST UM I THAT. YEAH, AND THEY'RE SPECIFIC SHELTERS THAT PARTICIPATE IN WHITE FLAG. WELL I WHAT I'M THINKING ABOUT IS THE BAD WEATHER WE HAVE COMING TOMORROW NIGHT. IS THAT INCLUDED IN OUR DEFINITION OF WHITE FLAGS, AND IF IT'S NOT, I THINK IT NEEDS TO BE. THAT'S A REALLY YEAH. NO, THAT'S A REALLY INTERESTING QUESTION. AND I THINK PURSUING CHANGES LIKE THAT THROUGH LAND DEVELOPMENT CODE AND LOOKING AT OCCUPANCY CHANGES THIS CERTAINLY SOMETHING THAT WE CAN CONTINUE TO LOOK INTO. I THINK SOMEONE IN THE METRO EMPLOYEE. WE ID IDENTIFY YOURSELF. NO. YOU HAD SOMETHING TO SAY. YOU IDENTIFY YOURSELF FOR THE UH, RECORD AND COMMENT PLACE BECAUSE I KNOW YOU'RE VERY INVOLVED IN THIS. MY NAME IS JOHN PILBEAM, UH, ASSISTANT DIRECTOR OF RESILIENCE AND COMMUNITY SERVICES, AND I LEAD THE HOMELESS SERVICES TEAM. SO RIGHT NOW, WHITE FLAG IS BASED ON TEMPERATURE ONLY, SO IT'S BELOW 35 DEGREES AND ABOVE 90 DEGREES. IS WHAT'S DEFINED HIS WHITE FLAG. WE NEED TO CHANGE THAT. I'M SORRY. I JUST THINK THAT THAT'S NOT THE ONLY CRISIS THAT PEOPLE FACE OUT ON THE STREET. AND I THINK BAD WEATHER IS DEFINITELY A GO AHEAD, MR BAKER. UH, THINKING ABOUT HERE. UM IF THE DO YOU ALL ENACT WHEN THE STATE OF KENTUCKY, FOR INSTANCE, THERE IS A STATE OF EMERGENCY, UM THAT MAY BE COMING THROUGH IN THE EVENT OF THOSE DO YOU ALL MAKE ANY CHANGES? OR YOU JUST SAY, HEY, IT DOESN'T MEET THE TEMPERATURE GUIDELINE AND WE'RE JUST STICKING TO IT ARE OUT THERE ALL TODAY. THEY WERE OUT THERE YESTERDAY TRYING TO INFORM AS MUCH FOLKS AS WE COULD OF THE YOU KNOW. MEAN WEATHER OK , BUT IT'S JUST INFORMING THEM WITH RESOURCES OF WHERE THEY GO IN CASE OF IT, BUT IT'S NOT TREATED LIKE THE TRADITIONAL WHITE FLAG. NO, SIR. OK, THANK YOU. AND BAKER. IF I MAY EXPAND ON THAT, YOU KNOW, IN EMERGENCY SITUATIONS WHERE A STATE OF EMERGENCY IS DECLARED THAT IS NOT COVERED BY THESE REGULATIONS. THAT IS AN EMERGENCY DECLARED BY THE STATE AND SHELTERS, AS PROVIDED BY THE AMERICAN RED CROSS AND OTHER ORGANIZATIONS ARE NOT REGULATED BY THIS SECTION. OK, THANK YOU. DOES ANYONE ELSE HAVE ANY QUESTIONS? COMMENTS? UH, DID I WOULD SAY TO COY I THOUGHT YOU WERE IN THE QUEUE AND THAT DISAPPEARED NOW GO AHEAD. THANK YOU SO MUCH. AND THANK YOU TO EVERYONE WHO'S BEEN HELPING WITH THIS RESEARCH. BASED ON THE NOTES FROM THE COALITION FOR THE HOMELESS. WOULD YOU SAY THAT? YOU KNOW SO FAR. RECOMMENDATIONS WOULD INCLUDE ARE DEFINITIONS DIFFERENTIATING BETWEEN THE PRIMARY TYPES OF SHELTER, OF COURSE, LOW BARRIER TRADITIONAL DAY SHELTERS. BUT ALSO THIS MORE NUANCED, TRANSITIONAL OR CRISIS SHELTER WOULD YOU SAY SO FAR, YOU ARE RECOMMENDING THAT WE BREAK THOSE DOWN FURTHER. I. I THINK IT APPEARS FROM THESE LARGER CITIES THAT THAT'S YOU KNOW, A PRACTICE THAT WE SHOULD ABSOLUTELY LOOK INTO, UM, BASED ON THE NOTES FROM THE COALITION FOR THE HOMELESS AGAIN, THE NEED IS THE GREATER NEED AND THE DEMAND APPEARS TO BE FOR, UH, FAMILY SHELTERS, SHELTERS FOR WOMEN AND THEN LOOKING AT THE PURE CITIES, YOU KNOW. TO REGULATE THE SPECIFIC NEEDS OF THOSE, UH, THAT REQUIRE THE SERVICES SEEMS TO BE A BEST PRACTICE. AND IT SEEMED LIKE YOU KNOW WHERE WE SAY. CRISIS SHELTER, MAYBE TRANSITIONAL OR [00:55:02] EMERGENCY SHELTER. WAS USED ELSEWHERE. HAVE YOU SAW ANY OTHER? A WORD IS THAT ALIGN WITH WHAT WE WERE PUTTING TO THIS CRISIS? SHELTER YEAH. EMERGENCY SHELTERS, DOMESTIC VIOLENCE. UM I MEAN, THERE'S A LOT OF DIFFERENT CATEGORIES THAT WHEN WE'RE TALKING ABOUT DIFFERENT TYPES OF EMERGENCIES, YOU KNOW, WE KNEW THAT YOU KNOW THE WHITE FLAG SITUATION AND THE OCCUPANCY THAT'S YOU KNOW, FOR THOSE SHELTERS THAT HAVE A LICENSE THAT OCCUPANCY IS NOT CAPPED ON A WHITE FLAG DAY YOU CAN HAVE YOU KNOW MORE PEOPLE AND EXCEED THE OCCUPANCY. UM BUT ON IN ON, YOU KNOW, STATE OF EMERGENCY. IT'S NOT GONNA BE COVERED BY THE L DC, BUT FOR ALL THOSE OTHER TYPES OF EMERGENCIES THAT FAMILIES AND INDIVIDUALS ARE FACING. I THINK WE SHOULD ABSOLUTELY EXPLORE. UM LOOKING AT THE DIFFERENTIATION BETWEEN THOSE SPECIFIC NEEDS OF DIFFERENT DEMOGRAPHIC GROUPS. UH, JUST A FEW MORE QUESTIONS. HOUSE BILL 388 RESTRICTS US FROM AMENDING OUR LAND DEVELOPMENT CODE REGARDING RESIDENTIAL USES AND ASSISTANT COUNTY ATTORNEY SHARE WITH ME THAT THIS DOES APPLY TO OUR HOMELESS SHELTER REGULATIONS BECAUSE THEY ARE CLASSIFIED AS RESIDENTIAL USE. THAT ANY OF YOUR RESEARCH SHOW HOMELESS FILTERS CLASSIFY FOR RESIDENTIAL USE IN OTHER CITIES. IT. IT VARIED, BASED ON HOW THEY SPECIFIED THE USE. WAS IT A DOMESTIC VIOLENCE? SHELTER YOU KNOW? WAS IT A COMMERCIAL? UM BOARDING A COMMERCIAL TRANSITIONAL HOUSE. I DIDN'T SPECIFICALLY GO BACK AND IDENTIFY WITHIN THEIR CODE. WHETHER OR NOT THEY CLASSIFIED IT AS A RESIDENTIAL OR COMMERCIAL USE, BUT BY AND LARGE , THEY EITHER ALLOWED THINGS WITH SOME FORM OF SPECIAL STANDARD SAYING IF YOU MEET XYZ, YOU CAN JUST GO HERE OR REQUIRED A CONDITIONAL. UH, YOU KNOW, I. I DON'T KNOW THAT THE CITIES WENT SO FAR AS TO REQUIRE PUBLIC HEARINGS LIKE WE DO HERE. I THINK A LOT OF THEM VERY MUCH RELIED ON LET'S CREATE A SPECIFIC SET OF STANDARDS THAT EVERYONE CAN AGREE ON THROUGH A PUBLIC ENGAGEMENT PROCESS AND BRING THAT FORWARD TO IDENTIFY THOSE LOCATIONS. SO UM, I'LL CONTINUE TO LOOK AT THAT SPECIFIC ISSUE OF CLASSIFICATION OF RESIDENTIAL VERSE COMMERCIAL. WHAT I DID SEE WAS AND I MENTIONED THIS A LITTLE BIT IN. UH I BELIEVE IT WAS, UH, MINNEAPOLIS. THEY, UM OR SEATTLE . UM, THEY DEFINED IT AS A HUMAN SERVICE USE, SO THEY SEPARATED IT OUT AND MADE A NEW CLASSIFICATION FOR IT. UM, SEATTLE HAS THE MOST EXPANSIVE REGULATIONS I THOUGHT ON THE FULL SPECTRUM OF NEEDS FROM SHELTERS TO TRANSITIONAL HOUSING FACILITIES TO TRANSITIONAL ENCAMPMENT, UH, FACILITIES. SO UM, THERE'S A LOT IN THERE WHERE WE CAN THINK ABOUT REDEFINING THIS AS A RESIDENTIAL VERSA. COMMERCIAL USE. THANK YOU AGAIN. UM OF COURSE I WON'T BE ON METRO COUNCIL IN THE MORATORIUM IS EXPIRED, BUT I HOPE THAT WE CAN KEEP WORKING TOGETHER THROUGHOUT THE YEAR ON THE RECOMMENDATIONS, AND THE METRO COUNCIL CAN MAKE THOSE NECESSARY CHANGES IN 2025. THANK YOU, CHAIRWOMAN. THANK YOU , COUNCILMAN ARTHUR. UM Y'ALL CAN I ASK YOU JUST A QUICK QUESTION? I THOUGHT YOUR PRESENTATION WAS SPOT ON, AND I WAS WONDERING IF YOU COULD EMAIL THAT TO US TO HAVE HER REFERENCE TO AS WE GO FORWARD. YES. I BELIEVE IT'S ALREADY BEEN OPENED IT ONLINE. OK UH, WE JUST SENT OVER LIKE THIS AFTERNOON. SO, YEAH, WE'LL WE'LL SEND IT AT LIKE 1230 TO SHARE ALSO WE? WE'LL GET IT OUT. YEAH, I FOR SOME REASON, IT'S NOT BRING ON THAT. IT'S JUST GIVEN ME THAT, UM OH, NOW IT'S UP NOW. EARLIER, ONE UP, HUH? THANK YOU, THEN. THANK YOU VERY MUCH. HER AHEAD OF ME. MADAM CHAIR, MY, MY YOU PROB. NOT ON MINE, BUT GO AHEAD. UM THANK YOU CHAIR. UH, SO I. I HAD A QUE QUESTION ABOUT RELIGIOUS INSTITUTIONS. IT SEEMED LIKE IN YOU WERE. YOU TALKED ABOUT NEW CONSTRUCTION, REQUIRING AC UCUP AND ACCESSORY TO A RELIGIOUS BUILDING, LIKE I GUESS IF THERE'S A BUILDING ALREADY THERE, NOT REQUIRING TO, UM IS THAT WHAT I KIND OF HEARD YOU SAY THAT THE NEW CONSTRUCTION IS WHAT TRIGGERS THAT. YEAH, FOR RELIGIOUS INSTITUTIONS, I YOU KNOW THEY CAN PROVIDE A LOT OF ACCESSORY SERVICES. UM BUT ONCE THEY BEGIN NEW CONSTRUCTION, EVEN IF IT IS AN ACCESSORY SERVICE, OR YOU KNOW, LIKE A FOOD PANTRY. YOU KNOW, EVEN SOMETHING LIKE A FOOD PANTRY IF A RELIGIOUS INSTITUTION WANTED TO BUILD A NEW BUILDING TO HOUSE THAT FOOD PANTRY IN A SINGLE FAMILY ZONING DISTRICT, IT WOULD REQUIRE A CONDITIONAL USE PERMIT. SO ONE OF THE REASONS I'M ASKING IS BECAUSE I KNOW A LOT OF STATES ACROSS THE COUNTRY ARE LOOKING AT MAKING AFFORDABLE HOUSING DEVELOPMENT BY RIGHT ON RELIGIOUS INSTITUTION PROPERTIES [01:00:04] , AND I REALLY LIKE THAT. THE MOVE IN THAT DIRECTION. AND SO I THINK IT'S AN INTERESTING TO IN LIGHT OF A RELIGIOUS INSTITUTION BEING WILL FULFILL ITS MISSION. WHICH MANY WOULD BE ABLE TO DO IF THEY WERE ABLE TO BUILD AFFORDABLE HOUSING. SAME THING GOES WITH TRANSITIONAL OR OTHER TYPES OF SHELTERS. UM, I. I THINK IT'S UH I THINK IT'S I. I THINK ALLOWING THOSE THOSE INSTITUTIONS TO FULFILL THEIR MISSION ON PROPERTY THAT THEY OWN IS A GOOD IDEA. I GUESS I WOULD SAY AND, UM SO I JUST WANTED TO SAY THAT AND THEN THE SECOND THING IS, I GUESS WHEN YOU TALK ABOUT BREAKING OUT DIFFERENT UM DIFFERENT CATEGORIES OF SHELTERS IT THEN THE REGULATION RELATED TO THAT PARTICULAR TYPE, TRANSITIONAL OR , UM, WHATEVER ELSE THE TYPE IS, WOULD BE REGULATED SLIGHTLY DIFFERENTLY. BASED ON EACH USE. IS THAT KIND OF WHAT I'M HEARING? YES SO LIKE, IN ONE INSTANCE, EMERGENCY SHELTERS WERE DEFINED SEPARATELY FROM OVERNIGHT SHELTERS, AND THEY HAD DIFFERENT SEPARATION REQUIREMENTS. I MEAN, I JUST BECAUSE WE'VE WE'RE GOING THROUGH THIS IN IN DISTRICT NINE RIGHT NOW, AND I'M I'M ALWAYS VERY MUCH. KIND OF I FEEL CAUGHT IN THE MIDDLE, BECAUSE II, I UNDERSTAND NEIGHBORS WHO, WHENEVER SOMETHING LIKE THIS COMES TO THEIR NEIGHBORHOOD. THEY'RE VERY CONCERNED. I UNDERSTAND THAT THE SECOND PIECE OF THAT IS IF WE DON'T DO IT HERE. WE WON'T DO IT ANYWHERE, RIGHT? IF THAT NIMBYISM ENDS UP PLAYING OUT, SO I LIKE I LIKE THE IDEA OF BEING VERY SPECIFIC ABOUT DEFINING WHERE YOU CAN DO THIS. AND THEN IT JUST IS. UM BECAUSE OTHERWISE WE'LL GET CAUGHT IN A SCENARIO WHERE WE'LL NEVER DO ONE OF THESE AGAIN. SO AGAIN, I. I UNDERSTAND NEIGHBORS GETTING VERY CONCERNED ABOUT THESE THINGS. BUT I THINK DEFINING FOR ME, FOR EXAMPLE, A LOW, VERY LOW BARRIER TRANSITIONAL SHELTER THAT ALLOWED THE PEOPLE STAYING THERE TO CONTINUE USING DRUGS, FOR EXAMPLE. UM I WOULD FEEL DIFFERENTLY ABOUT THAT BEING NEXT TO MY HOUSE THAN SOMEBODY FLEEING DOMESTIC VIOLENCE, FOR EXAMPLE. UM SO I THINK THE MORE SPECIFIC WE CAN BE AND IDENTIFYING WHERE THEY CAN BE AND WHERE THEY CAN'T BASED ON WHAT TYPE THEY ARE IS WOULD BE VERY HELPFUL. YEAH. AGREED I THINK YOU KNOW, WE USE OUR PERMITTED WITH SPECIAL STANDARDS . UH, WE'VE WE'VE BEEN USING THOSE MORE REGULARLY. THEY DO EXPAND THE CODE, BUT THEY PROVIDE FLEXIBILITY FOR SPECIFIC USES TO LOCATE. IN SPECIFIC SITUATIONS. WE HAVE HAD REALLY GREAT SUCCESS WITH OUR CHILD CARE REGULATIONS AND IDENTIFYING SPECIFIC SITES LIKE THE REUSE OF NON RESIDENTIAL BUILDINGS. SO YOU KNOW, CHURCHES AND PARISHES THAT ARE NOW SITTING VACANT. LET'S PUT THOSE BACK TO USE, YOU KNOW, CORNER LOTS. YOU KNOW, CORNER LOTS INTERSECTING TWO STREETS. YOU'VE GOT A LOT MORE TRAFFIC, YOU KNOW, SO WE'VE HAD A LOT OF SUCCESS WITH OUR LOOKING AT THOSE SPECIAL SITUATIONS OR LOOKING AT, YOU KNOW, THE REUSE OF BUILDINGS AND PRIORITIZE THOSE AND MADE THAT PROCESS EASIER TO LOCATE INSTEAD OF GOING THROUGH A MORE EXHAUSTIVE PUBLIC HEARING PROCESS. AND I JUST THANK YOU AND I. I JUST HAVE ONE MORE THING. I REMEMBER WHEN, UM, COUNCILMAN ARTHUR BROUGHT THIS UP. UM WHEN? WHEN YOU ASK YOU GUYS TO TAKE A LOOK AT THIS? ONE OF THE QUESTIONS THAT WAS FLOATING AROUND THEN WAS, UM NONPROFIT AND OTHER RELIGIOUS INSTITUTIONS ASKING US THE QUESTION DURING EMERGENCIES IF THEY COULD PROVIDE SHELTER DURING THAT EMERGENCY. THE ANSWER TO THAT I THINK IS YES, BUT I WANTED TO KIND OF ASK THAT. QUESTION MORE. CLEARLY. LET'S SAY AND LET'S WE'VE TALKED ABOUT TWO THINGS HERE ONE. LET'S SAY THE STATE DECLARES A STATE OF EMERGENCY. I THINK THAT OPENS THINGS. UH, OPENS ORGANIZATIONS UP TO BE ABLE TO DO THINGS THAT THEY OTHERWISE WOULDN'T BE ALLOWED TO DO. SO I THINK IN THAT CASE, IT WOULD BE MOST DEFINITELY. YES WHAT I DON'T KNOW IS DURING A WHITE FLAG EVENT OR SOME EVENT LIKE THAT, WHETHER, UH, A. IF A CHURCH HAD A SCHOOL NEXT TO IT, THEY COULD PROVIDE TEMPORARY SHELTER DURING THAT KIND OF EVENT BASED ON OUR CURRENT CODE. BASED ON THE LAND DEVELOPMENT CODE, AS CURRENTLY WRITTEN, UH IT'S A PRETTY GRAY AREA. UM BECAUSE IT'S STILL GOING TO REQUIRE A LICENSE. YOU KNOW FOR E, EVEN IF IN, YOU KNOW, STATE OF EMERGENCY NOW UM, BUT ON A DAY THAT'S JUST DECLARED A WHITE FLAG DAY. IT'S MY UNDERSTANDING THAT THOSE FACILITIES NEED TO HAVE A LICENSE TO OPERATE, AND THEN THE WHITE FLAG ALLOWS THEM TO GO ABOVE OCCUPANCY STANDARDS. THAT'S THAT'S MY UNDERSTANDING. UM SO IF WE WANT JOHN CONCUR IF HE WANTED TO, UM OPEN THAT UP A [01:05:05] LITTLE BIT RIGHT AND SAY DURING CERTAIN EVENTS. AND WE CAN DEFINE THOSE EVENTS. AND WHERE WOULD WE? WHERE WOULD WE ADDRESS KIND OF THAT ISSUE? HOW WOULD WE ? HOW WOULD WE DEFINE THAT IN OUR CODE? OR IN OUR ORDINANCES? MORE SPECIFICALLY, WHERE WOULD WE DO THAT? I THINK I THINK WITH WITH A CHANGE LIKE THAT WE WOULD HAVE TO MAKE SURE THAT THE LOUISVILLE METRO CODE OF ORDINANCES IS CONSISTENT WITH THE LAND DEVELOPMENT CODE AND OPENING UP. DIFFERENT UH, EMERGENCY TYPE SHELTERS, MAKING SURE THAT THEY'RE STILL LICENSED. AND YOU KNOW, WE DON'T WANT TO CREATE AN UNSAFE SITUATION OR OR A HAZARD, EVEN DURING AN EMERGENCY. SO UM, YOU KNOW, CONTINUE TO WORK WITH, UH, YOU KNOW, FIGURE OUT WHAT'S IN THE LOUISVILLE METRO CODE OF ORDINANCES FURTHER ABOUT THESE EMERGENCIES, UM, AND CONTINUE TO WORK WITH, UM DIFFERENT AGENCIES TO ADDRESS THAT ISSUE. WELL, I. I THINK WE CAN DEAL WITH SOME OF THAT THROUGH PERMITTED WITH SPECIAL STANDARDS. FROM MY PERSPECTIVE AS CERTAINLY AS WEATHER EMERGENCIES BECOME MORE AND MORE FREQUENT. I THINK AS A CITY WE NEED TO HAVE AS MUCH FLEXIBILITY AS WE CAN HAVE. IT'S POSSIBLE TO DO THE RIGHT THING. UM, SO I'M I'M I THINK. THAT'S SOMETHING WE SHOULD TAKE A LOOK AT. COUNCILMAN ARTHUR CAN I ASK A QUESTION OF PIGGYBACKING ON HIS LAST STATEMENT? THAT'S FINE. I CAN GO OUT. SO WHAT WOULD HAPPEN IF SOMEONE WENT BEYOND WHAT'S ON THE BOOKS FOR THAT ONE EVENT? WHAT'S GONNA HAPPEN? A GREAT QUESTION. WHAT I HEARD HIM SAY IS IT WAS GRAY. YEAH, I'M JUST I'M JUST AND I'M JUST THINKING HUMAN LIFE OVER. A LOT OF THINGS TO ME TAKES PRECEDENCE OVER. I THINK THAT'S WHAT MAKES IT VERY GRAY. COUNCILMAN ARTHUR THIS MAY BE A QUESTION FOR THE HOMELESS SERVICEDIVISION. BUT COULD YOU CLARIFY OPERATION WHITE FLAG? IT'S ESSENTIALLY NOT ENFORCING THE RESTRICTIONS ON DINANCES.ND I OR ABOVE 95E OF DEGREES. HEAT INDEX. SO WHAT THAT ALLOWS IS, UM, THOSE WHITE FLAG. UM SHELTERS TO BE ABLE TO PUT MORE PEOPLE INTO THOSE SHELTERS DURING THAT TIME. SO THAT LIKE IF IT'S A WHITE FLAG THAT THEY COULD STAY OPEN, THEY WOULD STAY OPEN AND HAVE FOLKS IN ALL DAY LONG. BUT BUT JUST TO BE CLEAR, AND MAYBE IT'S A COUNTY ATTORNEY. QUESTION IS, IS WHITE FLAG CODIFIED IN OUR LAWS? I DON'T KNOW. OFF THE TOP OF MY HEAD. I'M RUNNING A SEARCH RIGHT NOW. OK AND I JUST ASK THAT QUESTION BECAUSE I'VE LOOKED AND MAYBE I JUST DIDN'T LOOK IN THE RIGHT PLACE. THAT'S AN OPPORTUNITY FOR METRO COUNCIL AS WE MAKE THE WELL AS YOU ALL MAKE THESE CHANGES NEXT YEAR. TO LOOK INTO. IT MIGHT BE SOMETHING THAT WE WANNA GO AHEAD AND MAKE INTO LAW JUST TO MAKE SURE IT'S PERMANENT REGARDLESS OF WHO'S ON COUNCIL WHO THE MAYOR IS LIKE YOU SAID DO THE RIGHT THING. THANK YOU. THAT'S ALL I HAVE. ANY ANY OTHER QUESTIONS OR COMMENTS AND JUST TO FOLLOW UP ON THAT QUESTION. I'VE JUST RUN A SEARCH, AND IT'S NOT PULLING UP WHITE FLAG. OK? THANK YOU. THAT'S SOMETHING WE CAN MAYBE WORK ON. THANK YOU, JOEL FOR YOUR PRESENTATION. THANK YOU. THERE IS NO OTHER BUSINESS IN FRONT OF THIS COMMITTEE. BUT NEXT TIME, UM WE WILL DISCUSS THE, UM UH, DOWNTOWN MANAGEMENT PEACE. AND THERE MAY BE OTHER THINGS COMING OVER FROM PLANNING COMMISSION. MAYBE OK, THANK YOU [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.] FOR THAT. OBJECTION. WE'RE ADJOURNED. YEAH. * This transcript was compiled from uncorrected Closed Captioning.