[1. O-141-24 AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 410-418 AND 436-438 EAST MAIN STREET AND 110 SOUTH JACKSON STREET CONTAINING APPROXIMATELY 1.97 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0012). 7/16/24 Planning and Zoning Committee Held Action Required By: August 30, 2024 **Council Member Jecorey Arthur (I-4) can vote on this zoning change** Sponsors: Madonna Flood (D-24) ]

AT 410 THROUGH 418 AND 436 TO 438 EAST MAIN STREET AND 110 SOUTH JACKSON STREET, CONTAINING APPROXIMATELY 1.97 ACRES AND BEING A LITTLE METRO. CASE NUMBER 24, ZONE 0012. MOTION SECOND, PROPERLY MOVED IN SECOND. WE'RE READY FOR DISCUSSION. BRIAN DAVIS, LOUISVILLE METRO OFFICE OF PLANNG, IS IPLANNG COMMISSION DOCKET NUMBER 24, ZONER ANS THERWEHE PROJECTS, AND, HE PROPERTIES IN QUESTION ARE 14 THROUGH FOUR, 38 EAST MAIN STREET. THIS PROPERTY IS LOCATED IN METRO COUNCIL DISTRICT FOUR, THIS IS AN AERIAL PHOTO OF THE SITE, AS YOU CAN SEE, IT'S CURRENTLY, UTILIZED AS A SURFACE PARKING LOT, THE APPLICANT IS PROPOSING TO REZONE THE PROPERTY AND DEVELOP IT FOR INDUSTRIAL USE, THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF, OF SOUTH JACKSON AND EAST MAIN STREET, THE CURRENT ZONING IS C THREE, YOU CAN SE THAT THE, THE APPLICANT IS PROPOSING TO CHANGE THE ZONING TO EASY ONE, THE YOU DO HAVE EASY ONE LOCATED ACROSS, SOUTH JACKSON STREET. THAT'S THE EXISTING, ANGEL'S ENVY FACILITY, AND THEN YOU HAVE A MIX OF, C3 AND THEN M2 AS WELL AS, SLUGGER FIELD, WHICH IS CM. SO YOU HAVE A KIND OF A VARIETY OF, QUASI INDUSTRIAL USE. ZONING DISTRICTS IN THIS PARTICULAR AREA ALONG MAIN STREET, SO THE REQUEST IS A CHANGE OF ZONING FROM C THREE TO EZ ONE ENTERPRISE ZONE, ON APPROXIMATELY 1.97 ACRES, YOU SAW IN THE AERIAL PHOTO IS CURRENTLY A SURFACE PARKING LOT. THE SITE WAS PREVIOUSLY APPROVED FOR A MIXED USE DEVELOPMENT, HOWEVER, WE HAVE A NEW, APPLICANT, AND THEY ARE PROPOSING A DISTILLERY, THIS EXPANSION WITH EVENT SPACE, WITH THE TOTAL SQUARE FOOTAGE OF ONE

[00:10:06]

OF ABOUT 147,000FT■!S UNDER ROO, THE SITE IS LOCATED WITHIN THE DOWNTOWN DEVELOPMENT REVIEW OVERLAY DISTRICT. AND, THE DROW ACTUALLY APPROVED THE DESIGN OF THE NEW DEVELOPMENT UNDER DOCKET 23. OVERLAY 78, THAT WAS AT THEIR FEBRUARY 14TH, 2024 MEETING, TRUCK ACCESS WILL COME FROM SOUTH JACKSON STREET, KIND OF PARALLEL TO AN EXISTING ALLEY THAT'S THERE, AND THEN EXIT OUT ON THE EAST MAIN STREET, AND THEN THIS BUILDING WOULD BE CONNECTED, TO THE EXISTING DISTILLERY BY, A PAIR OF, PEDWAYS, WHICH YOU'LL SEE ON THE DEVELOPMENT PLAN, SO THIS IS THE DEVELOPMENT PLAN, THE, THE PRIMARY BUILDING HAS BEEN PUSHED OVER TO THE, TO BE ON THE CORNER THERE AT EAST MAIN STREET AND SOUTH JACKSON STREET, THERE WILL BE A PROPOSED PEDWAY, HERE. AND THEN ANOTHER ONE A LITTLE FURTHER SOUTH, RIGHT HERE, ACCESS TO THE SITE COMES IN HERE, PARALLEL TO THE EXISTING BILLY GOAT, STRUT ALLEY. SO THE TRUCKS WOULD COME IN, INTO THE, KIND OF THE LOADING UNLOADING, AREA, BACK INTO, THE AREAS TO BE UNLOADED. AND LOADED, AND THEN EXIT BACK OUT ONTO EAST MAIN STREET, THESE ARE SOME OF THE PROPOSED RENDERINGS OF THE FACILITY, THAT THE APPLICANT PROVIDED AS PART OF THE, THEIR APPLICATION. THE DESIGN IS MEANT TO MIMIC THE EXISTING ANGEL'S ENVY FACILITY, WHICH IS LOCATED IMMEDIATELY TO THE WEST OR TO THE EAST. SORRY AND THEN THIS PARTICULAR RENDERING SHOWS THE, PROPOSED SCREENING ALONG THE WEST SIDE OF THE PROPERTY, THERE IS AN EXISTING, RESIDENTIAL, BUILDING LOCATED IMMEDIATELY TO THE WEST OF THE OF THIS PARTICULAR PROPERTY, AND SO THE APPLICANT WORKED WITH, REPRESENTATIVES FROM THAT, FROM THAT BUILDING, TO COME UP WITH THE SCREENING SCHEME. SO A COMBINATION OF FENCING AND PLANTINGS THAT WOULD BE DONE IN ORDER TO HELP TO BREAK THE VISUAL AND THE AUDIO. POTENTIAL AUDIO, YOU KNOW, SOUNDS COMING FROM THE FACILITY, SO THIS IS A PICTURE OF THE SUBJECT PROPERTY, THIS IS LOOKING, INTO THE SITE. THIS IS OVER HERE IS THE, SLUGGER FIELDS. THIS IS LOOKING BACK TOWARDS, MAIN STREET, THIS IS LOOKING FROM MAIN STREET INTO THE PROPERTY, THIS IS THE ADJACENT, ANGEL'S, ENVY DISTILLING SITE, THAT WE'VE TALKED ABOUT, THIS IS SLUGGER FIELD, WHICH IS LOCATED NORTH OF IT, AND THEN THIS IS THE RESIDENTIAL BUILDING THAT WE WERE TALKING ABOUT THAT'S LOCATED IMMEDIATELY TO THE WEST, THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON JANUARY 11TH,TING WAS ON APRIL 18TH, 2024, AND THE PLANNING COMMISSION PUBLIC HEARING WAS ON MAY 30TH, 2024, THE PLANNING COMMISSION'S MOTION WAS TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM C THREE TO S ONE THAT PASSED BY A VOTE OF 5 TO 0. THAT'S ALL THAT I HAVE. UNLESS YOU HAVE ANY QUESTIONS FOR ME. THANK YOU. BRIAN, WE WERE JOINED BY COUNCILMAN. PHILIP BAKER BY COUNCILMAN BEN WEBER, AND BY COUNCILMAN ARTHUR, JECOREY. ARTHUR. VIRTUALLY. SO. THEREFORE, THIS MEETING IS BEING HELD PURSUANT TO KRS 61.826 AND COUNCIL RULE FIVE, A. COUNCILMAN REED. THANK YOU, MADAM CHAIR.

BRIAN, DID ANYONE SPEAK OUT IN OPPOSITION TO THIS, NO, THAT, YOU KNOW, WE HAD, WE HAD RECEIVED SOME COMMENTS, BECAUSE OF THE, YOU KNOW, THE LOCATION OF THE OF THE TRUCK AREA, ON THE WEST SIDE. BUT, LIKE, BETWEEN LDMTX AND THE PLANNING COMMISSION, THE, THE APPLICANTS MET WITH, REPRESENTATIVE FOR THE RESIDENTS OF THAT BUILDING, AND THEY, THEY REALLY KIND OF WORKED EVERYTHING OUT, BECAUSE OF THE SCREENING ISSUE. OKAY, GOOD. THANK YOU. YEAH. SO WE'RE, STEVE PORTER WITHDREW HIS OPPOSITION AND THERE'S, QUITE A FEW BINDING ELEMENTS. I THINK THAT ADDRESS A LOT OF THINGS ON THE PROPERTY. RIGHT. COUNCILMAN ARTHUR, DID YOU WANT TO ADDRESS US? NO.

THANK YOU TO THE APPLICANT FOR WORKING THINGS OUT WITH RESIDENTS. I DID HAVE A QUESTION, CHAIRWOMAN. IS YOUR STANDARD LANGUAGE ALREADY APPLIED TO THIS? WE'LL HAVE TO MOVE THAT IN A IN A FORM OF A BINDING ELEMENT. AND THAT WAS MY NEXT QUESTION FOR YOU. IF THAT'S OKAY. ABSOLUTELY. OKAY. BEFORE WE GET INTO DOING THAT, I'LL RECOGNIZE COUNCILMAN BATSON JUST FOR THE RECORD, WE'LL TA MICRO ANGEL'S ENVY DISTILLERY IN DISTRICT 25, IF YOU'RE INTERESTED. WE'LL, HAPPY TO HAVE THOSE CONVERSATIONS. DISTRICT DISTRICT 24 WOULD LIKE TO HAVE ONE OF THOSE TWO, SO I DON'T WANT TO HEAR NOTHING. IT'S SO FUNNY THAT YOU SHOULD MENTION THAT, BECAUSE MY SISTER, MY BROTHER IN LAW IS FROM CANADA, AND THEY WERE SPEAKING TO ME

[00:15:02]

YESTERDAY ABOUT HOW OF WAWA. OKAY THEN, TRAVIS, COULD YOU READ FOR BINDING? IT'LL BE BINDING. NO BINDING NUMBER 17. THE ADDITION OF THE STANDARD BINDING ELEMENT. YES, I CERTAINLY CAN. TRAVIS FRASER, ASSISTANT COUNTY ATTORNEY, ALL INSTRUMENTAL. LET ME START AGAIN. ANY SIGNIFICANT INCREASES TO THE PROPOSED STRUCTURES, E.G, 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 A PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMMITTEE THEREOF, AND OR ANY AMENDMENTS TO THE BINDING ELEMENTS OTHER THAN I. THE ADDITION OF NEW BINDING ELEMENTS TO I CHANGE THE BINDING ELEMENT 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 I MOVE THAT BINDING ELEMENT.

SECOND, ALL THOSE IN FAVOR OF THE BINDING ELEMENT NUMBER NINE SIX, 17 ALL SIGNIFY BY SAYING I.

AYE. THOSE OPPOSED BY LIKE SIGN SEEING NONE. THE MOTION CARRIES. COUNCILMAN OWEN THANK YOU.

CHAIR. I JUST WANTED TO ACKNOWLEDGE WHAT, ANY ANY TIME YOU HAVE A SURFACE PARKING LOT IN IN A DOWNTOWN, IT CREATES A GAP IN THE ACTIVITY OF THAT DOWNTOWN. SO I THINK ANYTHING THAT WE CAN DO TO ENCOURAGE OWNERS OF THOSE LOTS OR, DEVELOPERS THAT ARE INTERESTED IN DEVELOPING IN DOWNTOWN TO DEVELOP ON THOSE LOTS, WE OUGHT TO DO. AND I CERTAINLY, APPRECIATE THE APPLICANT. DOING THAT IN THIS CASE, AND IT'S GOING TO MAKE THAT SECTION, THAT BLOCK THAT COUPLE OF BLOCKS OF DOWNTOWN LOUISVILLE THAT MUCH LIVELIER, SAFER. ALL OF THE THINGS THAT WE WANT FOR DOWNTOWN. SO I JUST WANTED TO KIND OF SAY THAT OUT LOUD. THANK YOU. COUNCILMAN WEBER. I JUST THAT WAS EXACTLY THE SENTIMENT THAT I WANTED TO SAY. AND I WILL ALSO ADD TO THAT, I REALLY APPRECIATE THE EFFORTS BEING MADE HERE TO ENGAGE WITH THE NEIGHBORHOOD AND TO ADDRESS THEIR CONCERNS IN WAYS THAT WERE THOUGHTFUL, SO THANK YOU FOR ALL THE WORK THAT'S BEEN DONE ON THIS. I THINK IT'S GOING TO MAKE OUR CITY BETTER. AND COOLER, AND I'M ALWAYS IN FAVOR OF THAT. OH, I THINK I FAILED TO MENTION THAT WE WERE JOINED BY COUNCILWOMAN JENNIFER CHAPPELL TO, BACK WHEN, JACKERY WAS LOGGING IN. SO THEY WERE BOTH ON ON HERE. DID YOU HAVE ANY QUESTIONS? COUNCILWOMAN CHAPPELL? NO. OKAY ANY OTHER QUESTIONS OR COMMENTS ABOUT THIS ZONING? I WAS SNAPPING TO AGREE WITH, BOTH COUNCILMAN OWEN AND, RENA WEBER. THANK YOU. WITHOUT OBJECTION. THEN I THINK WE'RE READY TO VOTE. CHERYL, IF YOU'LL OPEN THE VOTING. VOTING IS OPEN.

I'M SORRY. NO. YOU'RE FINE. COUNCIL MEMBER CHAPPELL. YES AND COUNCILMAN ARTHUR, PLEASE. YES, COUNCILMAN. ARTHUR. OKAY. SORRY. CHERYL THAT'S OKAY. SO WITHOUT OBJECTION, VOTING IS CLOSING.

THAT IS NINE YES VOTES. AND THIS WILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. THANK YOU.

COUNCILMAN ARTHUR. IF YOU'LL HOLD ONE SECOND, PLEASE. MOVING ON TO ITEM NUMBER TWO, WHICH IS

[2. O-156-24 AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 1113 AND 1115 LOGAN STREET CONTAINING APPROXIMATELY 0.17 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0024). Action Required By: September 6, 2024 **Council Member Phillip T. Baker (D-6) can vote on this zoning change** Sponsors: Madonna Flood (D-24) ]

AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 1113 AND 1115 LOGAN STREET, CONTAINING APPROXIMATELY 0.17 ACRES AND BEING A LITTLE METRO CASE NUMBER 24, ZONE 0024.

MOTION PROPERLY MOVED IN SECOND. WE'RE READY FOR DISCUSSION. OKAY. THIS IS RELATED TO PLANNING COMMISSION DOCKET NUMBER 24, ZONE 28 FOR 1113 1115 LOGAN STREET, 1113 1115 LOGAN STREET IS THE ADDRESS, FOR THE PROPERTY THAT'S LOCATED, METRO COUNCIL DISTRICT SIX, THIS IS AN OUTLINE OF THE SUBJECT PROPERTY. AS YOU CAN SEE, IT'S ALREADY, DEVELOPED, THERE'S A COMMERCIAL AND RESIDENTIAL MIXED OF COMMERCIAL AND RESIDENTIAL USE ON THE PROPERTY. THE APPLICANT IS PROPOSING COMMERCIAL USE ON THE PROPERTY, THE EXISTING ZONING IS R2. IT'S LOCATED IN A TRADITIONAL NEIGHBORHOOD FORM DISTRICT. THEY ARE PROPOSING TO CHANGE THAT TO C1, SO THE REQUEST IS TO GO FROM R2 TO C1 OR APPROXIMATELY 0.17 ACRES, THE APPLICANT IS PROPOSING TO RENOVATE THE EXISTING STRUCTURE FOR A, FOR A RESTAURANT AND RETAIL USE, LOGAN STREET, NORTH

[00:20:01]

OF MARY STREET, IT'S LOCATED ON LOGAN STREET, NORTH OF MARY STREET IN THE SHELBY PARK AREA, THE DRIVEWAY IS TO BE REMOVED. AND SO THE CURB AND VERGE WILL BE RESTORED, IN FRONT OF THE PROPERTY, ALONG LOGAN STREET. THIS IS THE DEVELOPMENT PLAN, SO, NO SIGNIFICANT CHANGES TO THE STRUCTURE. ARE BEING PROPOSED. AND THEN THIS IS THE AREA WHERE THE EXISTING DRIVEWAY COMES OFF OF, OF LOGAN STREET, INTO THE SITE SO THAT WILL BE, KIND OF BROUGHT BACK INTO, YOU KNOW, KIND OF WITH, WITH COMPLIANCE WITH THE SIDEWALK AND THE VERGE, AT THE FRONT, SO THIS IS A PHOTO OF THE SUBJECT PROPERTY LOOKING FROM LOGAN STREET INTO THE PROPERTY, THESE ARE JUST SOME OF THE ADJACENT SITES. YOU HAVE A MIX OF OFFICE AND RESIDENTIAL. COMMERCIAL, THROUGHOUT THIS PARTICULAR AREA, WE'VE SEEN A NUMBER OF ZONINGS, IN THIS PARTICULAR AREA HERE RECENTLY, SOME MORE PHOTOS OF ADJACENT SITES, THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON NOVEMBER 28TH, 2023, LAND DEPARTMENT TRANSPORTATION TRANSPORTATION MEETING IS ON MAY 23RD, 2024, AND THEN THE PLANNING COMMISSION PUBLIC HEARINGS ON JUNE 20TH, 2024, THE PLANNING COMMISSION'S MOTION WAS TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING, FROM R2 TO C1, AND THAT PASSED BY A VOTE OF 8 TO 0. THAT'S ALL THAT I HAVE. HAVE ANY QUESTIONS FOR ME? I JUST HAVE A TECHNICAL QUESTION BEFORE WE GO FORWARD, ON THE PLANNING COMMISSION, MINUTES THAT ARE TRANSMITTED, IT SAYS THE CHANGE IN ZONING IS FROM R1 TO C2. DO WE NEED TO JUST SAY THAT'S A CLERICAL ERROR OR TYPE OF TYPOGRAPHICAL ERROR? BECAUSE I KNOW THE RECORD SHOWS IT'S OR TO C1. JUST A MINUTE, MADAM CHAIR. I WANT TO MAKE SURE WE HAVE ALL THE REFERENCES WHERE THAT MAY HAVE BEEN INCORRECT. SORRY, I DON'T HAVE A COPY OF THE MINUTES OF MY FILE, SO I CAN'T LOOK. I DIDN'T RECALL ANYTHING, ANOTHER STAFF REPORT REFERS TO FROM R2 TO C1, AND THERE WAS ANOTHER, DOCUMENT I SAW TOO. BUT THE PLANNING COMMISSION MINUTES SAYS IT'S TO C2 IN THE MOTION ITSELF CORRECTLY DESIGNATES CSC C1. YES. JUST THE JUST THE TITLE ON THAT PAGE. SO CAN WE JUST DO WE NEED TO CHANGE IT ON THE PLANNING COMMISSION MINUTES OR JUST SAY THAT IT'S A. YEAH, THAT'S JUST A TYPO. WE CAN MAKE THAT CORRECTION. WE CAN WE CAN RE-UPLOAD THOSE TO WE CAN DO ANYTHING THEN, NOTHING WE NEED TO DO FOR THE MOTION TODAY. NO, BUT WE CAN GET THAT, CORRECTED. OKAY. THANK YOU. COUNCILMAN BAKER. THANK YOU, MADAM CHAIR.

AND A GREAT CATCH, JUST, BECAUSE IT WAS IN MY DISTRICT, I WANT EVERYBODY TO KNOW THAT THAT COMMUNITY INPUT, NO OPPOSITION LOOKED AT THE MINUTES. THERE WERE NO OPPOSITION. AND IT LOOKS LIKE THERE WAS. NOTICE THAT GOING ON SURROUNDING AREAS. SO GREAT PROJECT AND JUST ANOTHER COMMERCIAL FOR DISTRICT SIX. THESE ARE THE TYPE OF DEVELOPMENTS, DISTRICT SIX IS DEFINITELY BUDDING. YOU'RE LOOKING AT THESE MIXED USE. THE RESTAURANT USE AND ALL KINDS OF GREAT THINGS. SO MESSAGE TO, THE GENERAL PUBLIC IS IF YOU'RE LOOKING TO DO BUSINESS AND LOOKING FOR A GREAT AREA TO DO IT, COME ON TO DISTRICT SIX. SO THANK YOU, MADAM CHAIR. THANK YOU, COUNCILMAN BAKER. YEAH, WE'RE GONNA ALL PLUG OUR DISTRICTS TODAY. YEAH. AND WHAT AND WHAT DOES IT AND WHAT DOES IT HURT? WE? ONE OF US MIGHT GET LUCKY. COUNCILMAN OWEN. THANK YOU. CHAIR, I AGAIN, I'LL JUST BE VERY BRIEF, BUT I THINK IT'S SUPER EXCITING THAT THIS IS HAPPENING. ALONG LOGAN STREET, IF YOU GO BACK FIVE, SIX, EIGHT YEARS, LOGAN STREET, IT DID NOT LOOK LIKE THIS. THERE WERE NOT THE NEIGHBORHOOD AMENITIES. THERE ARE CURRENTLY. AND I THINK IT'S THE SIGN OF A VERY HEALTHY, LOCAL URBAN, HISTORIC NEIGHBORHOOD. AND I JUST WANT TO, KIND OF. LORD THAT I THINK. I THINK IT'S A GREAT SIGN FOR THAT NEIGHBORHOOD AND A GREAT SIGN FOR LOUISVILLE. THANK YOU. COUNCILMAN BAKER, DO YOU WANT TO ADD THE STANDARD BINDING ELEMENT, ON THIS PROPOSAL? YES. THAT'S RIGHT. OKAY. I GUESS I'LL HAVE A MOTION TO HAVE A STANDARD BINDING ELEMENT. OKAY I'LL HAVE, TRAVIS TO READ IT INTO THE RECORD, PLEASE. I'D BE HAPPY TO.

IT'LL BECOME BINDING ELEMENT NUMBER SEVEN. ANY SIGNIFICANT INCREASE TO THE PRO STRUCTURES, E.G. 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 A PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMMITTEE THEREOF, AND OR ANY AMENDMENTS TO THE BINDING ELEMENTS OTHER THAN I. THE ADDITION OF NEW BINDING ELEMENTS TO I CHANGE 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.

HE WAS PROPERLY, MOVED AND NEED A SECOND, SECOND, PROPERLY MOVED AND SECOND. ALL THOSE IN FAVOR

[00:25:05]

SIGNIFY BY SAYING I, I THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION CARRIES SO ANY OTHER QUESTIONS OR COMMENTS ABOUT THIS PIECE OF LEGISLATION? SEEING NO ONE IN THE QUEUE, WE'RE READY TO VOTE. CHERYL. DO YOU WANT TO ASK COUNCILWOMAN CHAPEL PRESENT.

YES SO? SO WITHOUT OBJECTION, VOTING IS CLOSING. THERE ARE SEVEN YES VOTES AND ONE VOTING PRESENT IN. THEY'LL STILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. MOVING ON TO ITEM NUMBER THREE IS AN ORDINANCE RELATED TO THE ZONING OF PROPERTIES LOCATED AT 97, 13 AND 9715 STARLET DRIVE, CONTAINING APPROXIMATELY 0.513 ACRES AND BEING A LITTLE METRO CASE NUMBER 24, ZONE 0028 SECOND. PROPERLY MOVED IN SECOND. WE'RE READY FOR DISCUSSION. OKAY. THIS IS

[3. O-157-24 AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 9713 AND 9715 STARLET DRIVE CONTAINING APPROXIMATELY 0.513 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0028). Action Required By: September 6, 2024 **Council Member Dan Seum, Jr. (R-13) can vote on this zoning change** Sponsors: Madonna Flood (D-24) ]

[00:30:04]

THEY'RE SHOWING IT TO BE CONSOLIDATED ALSO. GOT IT, SO, YOU KNOW, AT SOME POINT THAT MAY BE DEVELOPED AS WELL, AND IT WOULD THE STANDARD BINDING ELEMENT WOULD CAPTURE THAT.

OKAY. IS THAT OKAY? COUNCILMAN SIMON, IF WE ADD THE STANDARD BINDING ELEMENT. YES YES, CHAIR.

OKAY. IT WOULD BE BINDING ELEMENT NUMBER NINE. IF YOU DON'T MIND. TRAVIS. SORRY. HAPPY TO ANY SIGNIFICANT INCREASES TO THE STRUCTURES E.G. 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 PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMMITTEE THEREOF, AND OR ANY AMENDMENTS TO THE BINDING ELEMENTS OTHER THAN I. THE ADDITION OF NEW BINDING ELEMENTS TO I CHANGES TO BINDING ELEMENTS THAT MERELY UPDATE THE PUBLIC HEARING DATE, OR THREE. 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. PROBABLY MOVING SECOND. ALL IN FAVOR SIGNIFY BY SAYING AYE. THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION CARRIES, COUNCILMAN SAM, DID YOU HAVE ANYTHING YOU WANTED TO ADD ON THIS? ONLY THING I WANTED TO ADD IS THAT THE RESIDENTS HAVE AN ISSUE WITH THE WITH THE ADJUSTMENTS. SO WE'RE GOOD TO G, I SEE NO ONE ELSE IN THE QUEUE, SO I'M GOING TO TAKE THAT AS A SIGN THAT WE'RE READY TO VOTE. PLEASE OPEN.

WITHOUT OBJECTION, VOTING IS CLOSING. EXCEPT FOR, OH, I'M SORRY, WE NEED TO ASK COUNCILMAN SAM, COUNCIL MEMBER SIGN. YOUR VOTE. YES WITHOUT OBJECTION. VOTING IS CLOSING. THERE ARE NINE YES VOTES, AND THIS WILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. MOVING ON TO AN ORDINANCE RELATED TO THE ZONING OF PROPERTIES LOCATED AT 908 AND 910 SOUTH ENGLISH STATION ROAD,

[4. O-158-24 AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 908 AND 910 SOUTH ENGLISH STATION ROAD CONTAINING APPROXIMATELY 12.68 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0014). Action Required By: September 6, 2024 **Council Member Kevin Kramer (R-11) can vote on this zoning change** Sponsors: Madonna Flood (D-24) ]

CONTAINING APPROXIMATELY 12.68 ACRES AND BEING LOUISVILLE METRO CASE NUMBER 2024, ZONE 001 FOR A SECOND. PROPERLY MOVED IN SECOND. WE'RE READY FOR DISCUSSION. OKAY. THIS IS PLANNING COMMISSION DOCKET NUMBER 24, ZONE 14 FOR SOUTH ENGLISH STATION ROAD MINI WAREHOUSE, THE PROPERTY IS LOCATED AT 9089 TEN SOUTH ENGLISH STATION ROAD. LOCATED METRO COUNCIL DISTRICT 11, THIS IS THE SUBJECT PROPERTY OUTLINED IN BLUE HERE, YOU CAN SEE THAT THE FRONTAGE IS ON SOUTH ENGLISH STATION ROAD, AND THEN GOES, TO THE, TO THE WEST, WITH A LOT OF FRONTAGE ALONG THE I-64 RIGHT OF WAY CORRIDOR, THE EXISTING USE IS RESIDENTIAL. THE APPLICANT'S PROPOSING AN INDUSTRIAL USE ON THE SITE. THIS IS THE PROPERTY IS CURRENTLY ZONED R4, THEY ARE PROPOSING OR REQUESTING A CHANGE TO CM, WHICH IS COMMERCIAL MANUFACTURING. SO THE REQUEST IS A CHANGE IN ZONING FROM R4. TO CM COMMERCIAL MANUFACTURING ON 12.58 ACRES. THERE ARE TWO PARCELS, WITH SINGLE FAMILY STRUCTURES, ONE OF THOSE IS TO BE REMOVED. THE NORTHERN MOST OF THOSE, THE SOUTHERNMOST, STRUCTURE IS GOING TO BE, MODIFIED AND RENOVATED TO BE THE OFFICE FOR THE, FOR THE PROPOSED PROPOSAL. SO NOT BOTH ARE BEING, DEMOLISHED. THE APPLICANT IS PROPOSING CLIMATE CONTROLLED AND ON CLIMATE CONTROLLED MINI WAREHOUSE UNITS AND THEN RV AND BOAT STORAGE PARKING ON THE SITE, AS FAR AS THE BUILDINGS, THERE WILL BE ONE THREE STORY BUILDING, WHICH WILL BE APPROXIMATELY 72,000FT■!S TOTAL, AND THEN THREE ONE STORY BUILDINGS WITH THE TOTAL SQUARE FOOTAGE OF 56,000FT■!S, THIS IS THE DEVELOPMENT DEVELOPMENT PLAN, SOUTH ENGLAND STATION ROAD IS LOCATED ON THE RIGHT SIDE OF THE, THE PICTURE THAT YOU'RE LOOKING AT, SO THE THREE STORY BUILDING IS THE GRAY ONE UP HERE TOWARDS THE FRONT, IMMEDIATELY NEXT TO SOUTH ENGLAND STATION ROAD, THERE'S THEN A LARGE, TRANSMISSION LINE EASEMENT AREA, IN WHICH THEY ARE NOT ALLOWED TO, CONSTRUCT ANY ADDITIONAL BUILDINGS. AND SO THEY'RE PROPOSING THE GRAVEL OUTDOOR, BOAT AND RV STORAGE WITHIN THAT AREA, AND THEN IN TOWARDS THE BACK OF THE SITE, YOU CAN SEE THE THREE, KIND OF MORE LINEAR ONE STORY MINI STORAGE BUILDINGS THAT THE APPLICANT IS PROPOSING ON THE SITE. THESE ARE THE, ELEVATIONS THAT THE APPLICANT PROVIDED, AS PART OF THEIR PRESENTATION TO THE PLANNING COMMISSION PUBLIC HEARING, MORE ELEVATIONS OF WHAT THE ONE STORY BUILDINGS WOULD LOOK LIKE. THIS IS JUST A PHOTO OF THE SUBJECT PROPERTY LOOKING FROM, SOUTH ENGLISH STATION ROAD INTO THE SITE, AND THEN THIS IS, GOOGLE STREET VIEW FROM I-64 OVER TOWARDS THE SITE. YOU CAN SEE THAT, THE ELEVATION OF THE SITE IS, HIGHER THAN THAT OF I-64. AND THEN THERE'S, THERE'S A NUMBER OF TREES THAT ARE LOCATED IN THAT RIGHT OF WAY, SO YOU WOULDN'T REALLY GET A WHOLE LOT OF VISIBLE, YOU KNOW, SIGHT

[00:35:02]

LINES INTO THE, INTO THE SITE, THIS IS ANOTHER PHOTO OF THE SUBJECT PROPERTY. AND THEN ADJACENT PROPERTIES, THE YOU HAVE A MULTIFAMILY ACROSSING, SOUTH ENGLAND STATION ROAD.

THAT'S PROPOSED, AND THEN MULTIFAMILY LOCATED IMMEDIATELY TO THE NORTH AS WELL. THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON JANUARY 30TH, 2020 FOR LAND DEVELOPMENT TRANSPORTATION COMMITTEE MEETING WAS ON MAY 9TH, 2024. AND THEN THE PLANNING COMMISSION PUBLIC HEARINGS ON JUNE 6TH, 2024, THE PLANNING COMMISSION MADE A MOTION TO RECOMMEND APPROVAL AND CHANGE THE ZONING FROM R4 TO CM, AND THAT PASSED BY A VOTE OF 4 TO 1. THAT'S ALL THAT I HAVE.

ANY QUESTIONS FOR ME? THIS ISN'T COUNCILMAN KRAMER'S, AREA, AND HE DID GET ALL OF HIS QUESTIONS ANSWERED ONCE THEY LOOK THROUGH THE ALL OF THE BINDING ELEMENTS. BUT I HAD A QUESTION TO START OFF WITH. ARE ALL THE BOATS TO BE TARPED OR IS JUST IF THEY JUST CHOOSE TO TARP THEM, IT HAS TO BE THAT COLOR. IT WAS A BINDING ELEMENT. NUMBER 11. I THINK IT'S ONLY IF THEY CHOOSE TO BE TARPED. OKAY AND THE ONLY OTHER QUESTION I HAD WAS, JUST FROM PAST EXPERIENCE ON BOAT AND, RV STORE OUTSIDE STORAGE, CAN IS THERE ANY MAYBE I NEED TO LET, TRAVIS FEASTER TAKE, YOU KNOW, TAKE THIS BACK AND TALK TO THE APPLICANT LATER ON. IS THAT, THAT. NO WRECKED OR INOPERABLE VEHICLES TO BE STORED ON THERE, LIKE THE BOATS OR, RVS? I'M JUST SAYING, BUT JUST FROM PAST EXPERIENCE, I'VE SEEN THAT HAPPEN. AND THAT NOTHING MESSES UP A STORAGE AREA WHEN THEY'RE RIGHT UP AGAINST THE FENCE. AND THERE'S A LOT OF JUNK THAT'S NOT OPERABLE, AND IT JUST SITS THERE FOREVER. AND EVER, THAT IS A MORE SUBSTANTIVE BINDING ELEMENT THAT KIND OF WOULD NEED TO TALK TO THE APPLICANT ABOUT, IT'S UP TO YOU ALL WHETHER YOU TAKE ACTION TODAY, AND WE CAN DISCUSS IT BETWEEN NOW AND COUNCIL OR WHETHER YOU LET HER HOLD IT HERE FOR THOSE DISCUSSIONS TO TAKE PLACE. NO. IF YOU CAN JUST TALK TO THE APPLICANT BEFORE IT GOES TO THE TO THE METRO COUNCIL, I WOULD JUST WOULD LIKE TO BE THAT ONE OF THE CONSIDERATIONS. AND THEN, I WAS ASKED BY COUNCILMAN KRAMER'S OFFICE TO ADD OUR STANDARD BINDING ELEMENT, WHICH WOULD BE BINDING ELEMENT NUMBER 17. AND I CAN READ THAT IN ANY SIGNIFICANT INCREASES TO THE PRO STRUCTURES, E.G. INCREASES IN BUILDING HEIGHT, NUMBER OF UNITS, NUMBER OF BUILDINGS, ANY INCREASE IN DENSITY IN THE PROPERTY, ANY CHANGES IN USE IN THE PROPERTY WHICH DIRECTLY OR INDIRECTLY REQUIRE A PUBLIC HEARING BEFORE THE PLANNING COMMISSION OR SUBCOMMITTEE THEREOF, AND OR ANY AMENDMENTS TO THE BINDING ELEMENTS OTHER THAN I. THE ADDITION OF NEW BINDING ELEMENTS TO I CHANGE 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. MOVE THAT AMENDMENT SECOND PROBABLY MOVED, AND SECOND, ALL THOSE IN FAVOR OF THE AMENDMENT SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION CARRIES AND COUNCIL. MADAM CHAIR, I APOLOGIZE IF I COULD CORRECT ONE THING. THERE'S AN INTERESTING SERIES OF VOTES HERE. THERE'S SOME ABSTENTIONS AND IT KIND OF JUMPS AROUND, BUT I THINK THE VOTE ON THE REZONING ITSELF WAS A 4 TO 2 VOTE, NOT A 4 TO 1 VOTE, ON PAGE 19 OF THE MINUTES. SO I JUST WANTED TO CLARIFY THAT THERE WERE TWO VOTES IN OPPOSITION FOR THE REZONING. AGAIN, THAT CHANGED FOR SOME OF THE OTHER INDIVIDUAL MOTIONS. SORRY ABOUT THAT. YEAH, IT HAPPENS. THANK YOU.

COUNCILWOMAN CHAPEL. HELLO. YOU'LL HAVE TO FORGIVE ME TODAY. MY BRAIN'S A LITTLE SCRAMBLED EGGS. AFTER A ROUSING WORLD CHAMPIONSHIP, DAINTY CONTEST YESTERDAY, IT WAS A GOOD TIME.

THANKS FOR ALL THAT CAME. BUT JUST A COUPLE OF THINGS, BECAUSE THIS IS A LITTLE RED FLAG FOR ME, FIRST OFF, I THINK THAT YOU TOUCHED ON IT. THE PARKING WAIVER, WHAT WAS REQUIRED, AND THEN WHAT DOES THE WAIVER GRANT THEM? SO WITH THE MINI STORAGE, THE REQUIRED PARKING, THE MINIMUM WAS 23 SPACES. THEY WER, AND THE MAXIMUM WAS 59. THEY WERE ONLY REQUESTING 16 SPACES ON THE SITE. SO LESS THAN THE, THE REQUIRED. SO IT SEEMS LIKE FOR THE USE THAT DOESN'T SEEM LIKE A BIG DEAL, I DO WANT TO SAY THAT, LIKE, MINI STORAGE IS ALWAYS KIND OF GROSS TO ME BECAUSE HUMANS LIVE WITH TOO MUCH STUFF, BUT IT'S SAD TO SEE US LOSING TWO RESIDENTIAL PROPERTIES. FOR STORAGE. BUT HERE NOR THERE. I'VE GOT MORE QUESTIONS. CAN TREE CANOPY NOW WHAT IS IT? AND WHAT IS TO BE PRESERVED? AND THEN WHAT WILL IT BE AFTER DEVELOPMENT, SO THE

[00:40:04]

EXISTING CANOPY, ON THE SITE WAS 21.8%. I'M SORRY, WHAT WAS THAT, 21.8? OKAY, THEY ARE NOT PROPOSING ANY PRESERVATION, AND THEN, SO THEY WOULD HAVE TO OR. I'M SORRY, THEY ARE PROPOSING 6.5% FOR TO BE PRESERVED AND THEN TO GET UP TO THE REQUIRED 35%, THEY WOULD THEN DO NEW PLANTINGS THAT WOULD CALCULATE TO 28.5% OF THE SITE. OKAY. SO THEY'RE KEEPING ABOUT A THIRD OF THE EXISTING TREE CANOPY THAT'S ON THE SITE. THEY'RE PRESERVING THAT RIGHT. AND I SAW MENTIONED THAT THIS GOES AGAINST THE CURRENT COMPREHENSIVE PLAN FOR THIS AREA. CAN YOU TALK ABOUT HOW IT GOES AGAINST THAT COMPREHENSIVE PLAN? SO WITH WITH MANY STORAGE IS TRICKY SOMETIMES BECAUSE THE TREND THAT WE'VE SEEN IS THAT MORE AND MORE, THESE TYPES OF FACILITIES ARE BEING LOCATED IN MORE RESIDENTIAL AREAS, ESPECIALLY IN AREAS WHERE YOU HAVE MULTIFAMILY RESIDENTIAL, OUR CODE ISN'T REALLY SET UP FOR THAT, BECAUSE, AGAIN, YOU HAVE TO HAVE LIKE A CM OR AN INDUSTRIAL ZONING, OR YOU HAVE TO HAVE A C2 WITH A CONDITIONAL USE PERMIT, AND SO THAT IS KIND OF WHAT THE, THE FINDING, IN THE, IN THE STAFF REPORT IS ALLUDING TO IS THAT YOU'VE GOT, YOU KNOW, WHAT'S ESSENTIALLY CLASSIFIED AS A, AS AN INDUSTRIAL, USE BEING LOCATED IN A NEIGHBORHOOD, FORM DISTRIC, IN AN AREA THAT'S PRIMARILY RESIDENTIAL, AND SO THAT'S KIND OF WHERE THAT COMMENT COMES FROM, COMES FROM IN A STAFF REPORT. THANK YOU. THAT'S ALL MY QUESTIONS. SIR, ANY QUESTIONS OR COMMENTS? SEEING NOTHING IN THE QUEUE, I THINK WE'RE READY TO VOTE.

COUNCILMEMBER. GOING TO CLOSING. WITHOUT OBJECTION. VOTING IS CLOSING.

THERE ARE EIGHT YES VOTES. AND THIS WILL OR EXCUSE ME, I JUST. YEAH, I WAS LOOKING AT THE OTHER ONE SEVEN YES VOTES AND ONE NO PRESENT VOTE. IS IT PRESENT BECAUSE IT DOESN'T SAY IN MINE.

OKAY. ONE PRESENT VOTE. OKAY SO IT'LL STILL GO TO OLD BUSINESS AT OUR NEXT COUNCIL MEETING. AND TRAVIS, IF YOU'LL ASK ABOUT THAT BINDING FOR ME, I WOULD APPRECIATE IT. I'M SORRY I SPRUNG IT ON YOU AT THE LAST MINUTE. QUITE ALL RIGHT, ITEM NUMBER FIVE IS BEING HELD TODAY, SO WE'RE GOING TO GO TO ITEM NUMBER SIX, WHICH IS A RESOLUTION REQUESTING THAT THE

[6. R-064-24 A RESOLUTION REQUESTING THAT THE PLANNING COMMISSION, THROUGH THE LOUISVILLE METRO OFFICE OF PLANNING AND PURSUANT TO SECTION 6.3.3 OF THE LAND DEVELOPMENT CODE (“LDC”), INITIATE THE STREET CLOSURE PROCEDURE TO PERMANENTLY CLOSE THE PORTION OF EAST ST. CATHERINE STREET BETWEEN LOGAN STREET AND STEVE MAGRE ALLEY LOCATED IN LOUISVILLE METRO. Action Required By: January 2024 Sponsors: Phillip T. Baker (D-6) ]

PLANNING COMMISSION THROUGH THE LOUISVILLE METRO OFFICE OF PLANNING AND PURSUANT TO SECTION 6.3.3 OF THE LAND DEVELOPMENT CODE, INITIATE THE STREET CLOSURE PROCEDURE TO PERMANENTLY CLOSE A PORTION OF EAST STREET, EAST STREET, OR EAST? IS THAT SUPPOSED TO BE EAST? SAINT CATHERINE'S EAST, SAINT EAST, SAINT CATHERINE STREET BETWEEN LOGAN STREET AND STEVE. MORAY ALLEY, LOCATED IN LOUISVILLE. METRO MOTION PROPERLY MOVED IN SECOND. WE'RE READY FOR DISCUSSION. I DON'T HAVE ANYTHING. THE ONLY QUESTION I HAVE IS, HAS THERE BEEN A SURVEY OF THIS AREA COMPLETED? DO WE KNOW? COUNCILMAN BAKER, GO AHEA. ALL RIGHT. YEAH SO THIS ALLEY IS RIGHT. YES. WE, SURVEYED. THERE'S ONLY PROBABLY ABOUT 2 OR 3 HOUSES RIGHT THERE. BUT IF YOU KNOW WHERE LOGAN STREET MARKET IS AND IF YOU'RE FACING THE BUILDING, THE RIGHT SIDE OF THE BUILDING. BUILDING, THEY ALREAD. HAVE, STREET CAKES AND THINGS LIKE THAT. AND SO THE ALLEY WILL BE CLOSED FROM THERE UNTIL THE BACK. STEVE MARGARET ALLEY TO HELP IMPROVE, YOU KNOW, FOR TRAFFIC FLOW, FOR PEOPLE TO GET IN AND OUT. SO THERE'LL BE A WAY FOR RESIDENTS TO STILL GET IN AND OUT BECAUSE THERE'S A NICE LITTLE ROAD THAT GOES BEHIND IT. AND SO, YES, WE'VE COMMUNICATED WITH THE RESIDENTS OF THE PLACE AND ALSO LOGAN, THE LOGAN STREET MARKET. AND SO, THE ATTEMPT IS

[00:45:07]

JUST TO MAKE IT LEGITIMATE. THEY'RE ALREADY KIND OF OPERATING THE WAY IF YOU GO ON THE RIGHT SIDE OF WHERE IT'S LIKE CHAIRS AND PICNIC TABLES, AND I THINK THERE'S FELT CARPET OR TURF, I GUESS, WOULD BE THE RIGHT TERM. SO YEAH. OKAY NOW WE'LL BE REACHING OUT THOUGH.

COUNCIL WOMAN CHAPEL OKAY. I WAS JUST WONDERING, SO THIS IS GOING TO BE A STREET CLOSURE, BUT THE STREET WILL STILL BELONG TO LOUISVILLE METRO. AND IS IT BEING DEEDED TO A PRIVATE ENTITY SUCH AS LOGAN STREET MARKET OR FERGUSON ASSISTANT COUNTY ATTORNEY? SO WHAT THIS DOES IS THIS IS JUST A RESOLUTION INITIATING THE PROCESS. SO THERE WOULD BE AN APPLICATION FILED.

PUBLIC WORKS DOES AT AT TIMES PLANNING DOES IT AT TIMES. AND SO IT WOULD GO THROUGH THE NORMAL PUBLIC PROCESS. SO IT WOULD GO TO PLANNING COMMISSION. AND THEN IT WOULD COME BACK AS AN ACTION BY PLANNING COMMISSION WITH A RECOMMENDATION FOR COUNCIL TO TAKE ACTION ON. NOW, TO ANSWER YOUR QUESTION, AT THE END OF THE DAY, IF IT GOES TO THE WHOLE PROCESS AND THE RECOMMENDATION IS THAT THIS LITTLE PARTIAL BLOCK IS CLOSED, IT WOULD NO LONGER BE A METRO ROAD, IT WOULD NO LONGER BE A METRO RESPONSIBILITY. AND HALF WOULD REVERT TO EACH PROPERTY OWNER ON EITHER SIDE, JUST PAST STEVE. MARGARET ALLEY. THERE'S IT DOESN'T THERE'S THE RAILROAD, BUT THERE'S NO CROSSING THERE. SO IT'S ESSENTIALLY A DEAD END. SO THIS IS LIKE A STUB OF A DEAD END. IF YOU LOOK AT THE IF YOU LOOK AT A MAP OF IT. SURE. I'M VERY FAMILIAR WITH IT. AND IT'S OFTEN CLOSED SO I CAN UNDERSTAND THIS, IS, IS THAT STANDARD THEN IS WHEN SOMETHING'S CLOSED DOWN, IT'S JUST KIND OF LIKE SPLIT UP IT TYPICALLY WHEN YOU'RE CLOSING A PUBLIC RIGHT OF WAY, IT REVERTS BACK TO THE OWNERS ON THE ADJOINING SIDE, BECAUSE THAT'S PROBABLY HOW IT WAS CREATED IN THE FIRST PLACE. IN MOST INSTANCES, LUCKY DUCKS. AND WHEN YOU LOOK AT SORRY, MADAM CHAIR, OKAY. AND FOR COUNCIL MEMBERS, WHEN YOU LOOK AT IT, IF YOU HAVEN'T, IF YOU'RE NOT FAMILIAR, IT ALMOST LOOKS LIKE A DEAD END. IF YOU DON'T, YOU ALMOST HAVE TO GO ALL THE WAY TOWARDS THE END BEFORE YOU EVEN SEE THAT STEVE MARGARET ALLEY. SO JUST TRYING TO INITIATE THE PROCESS SO WE CAN GO THROUGH THE STEPS OF CLOSING IT. COUNCILMAN OWEN. THANK YOU. CHAIR, I JUST WAS WONDERING HOW WHAT WOULD THE IMPETUS WAS DID THIS COME FROM THE COMMUNITY TO YOUR OFFICE, OR HOW DID HOW WAS THAT? YEAH, THE COMMUNITY ASKED IT. AND SO, INITIATING WHAT WAS THE, THE PROCESS. SO THERE WAS IT STARTED WITH, IN PARTICULAR LOGAN STREET MARKET AND A NEIGHBOR THAT WAS ADJACENT TO IT SAYING, YOU KNOW, WE'RE GETTING IN THE MIX OF HOW IT'S DONE, AND THEY'RE BASICALLY SAYING, WELL, THE NEIGHBORS ARE SAYING, WELL, WE DON'T HAVE ANY CONTROL OF THAT. AND SO IT GOT PUNTED INTO, OUR OFFICE. AND THEN SO WE START ASKING THOSE QUESTIONS. AND SO THE BEST WAY WAS TO PRESUME THAT WHAT WE FOUND TODAY, IT PROBABLY IS A BETTER WAY. BUT TO START A RESOLUTION TO GET THE BALL ROLLING AND THEN THE REST KIND OF PLAYS ITSELF OUT. GREAT.

THANK YOU. JUST WONDERING. NOPE. NO PROBLEM. COMMENTS. WITHOUT OBJECTION, THIS IS A RESOLUTION ALLOWING FOR A VOICE VOTE. ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED BY LIKE SIGN HEARING NONE. THE MOTION PASSES AND THIS WILL GO TO CONSENT CALENDAR AT OUR NEXT COUNCIL MEETING WE'RE GOING TO DROP DOWN TO ITEM NUMBER H. WELL ITEM NUMBER EIGHT WHICH WILL ACTUALLY REQUIRE, A MOTION TO UNTABLE. IT'S AN ORDINANCE AMENDING SECTION 1.2.2 AND CREATING SECTIONS 4.2.67, 4.3.30 AND 4.3.31 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE REGARDING MEDICAL CANNABIS, MARIJUANA USE CASE NUMBER 24 LDC 007 MOTION PROPERLY MOVED IN SECOND FOR A TABLING ALL THOSE THINGS. ALL THOSE IN FAVOR SIGNIFY BY SAYING I. I THOSE

[8. O-130-24 AN ORDINANCE AMENDING SECTION 1.2.2 AND CREATING SECTIONS 4.2.67, 4.3.30 AND 4.3.31 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING MEDICAL CANNABIS (MARIJUANA) USE (CASE NO. 24-LDC-0007). 7/16/24 Planning and Zoning Committee Tabled 6/11/24 Planning and Zoning Committee Tabled Action Required By: December 2024 Sponsors: Madonna Flood (D-24), Jecorey Arthur (I-4)]

OPPOSED BY LIKE SIGN HEARING NONE. WE'RE READY FOR DISCUSSION AND I THINK I'LL TURN THIS OVER TO I THINK THAT WE DISCUSSED LAST TIME, THAT WE WERE GOING TO DO AN AMENDMENT BY SUBSTITUTION THAT'S BEEN ONLINE, FOR ALL OF US TO LOOK AT. AND SO IN CASE WE HAVE ANY QUESTIONS, I'M LOOKING FOR, A MOTION TO, MOVE THE AMENDMENT BY SUBSTITUTION. SECOND, PROPERLY MOVED IN SECOND, AND WE'RE READY FOR DISCUSSION. COUNCILMAN SAM. THANK YOU, MR. CHAIR. THIS AMENDMENT BY SUBSTITUTION. WAS BROUGHT ABOUT BECAUSE, AMENDMENTS WERE BROUGHT IN THAT BRINGING MORE SPACE BETWEEN, DISPENSARY THAT WAS, I BELIEVE, UNNECESSARY. WE ALREADY HAVE

[00:50:02]

EXISTING EXISTING LAW WITHIN THE STATE OF REGULATIONS. SAYS THAT IT CAN'T BE WITHIN 1000FT OF A SCHOOL OR A DAYCARE CENTER. AND WE WERE WORRIED ABOUT ALL THE OTHER, PLACES THAT WE WERE NOT ALLOWED TO PUT A DISPENSARY. AND THOSE WHO ARE TRYING TO APPLY FOR LICENSE, IT WAS SO AMBIGUOUS THEY COULDN'T MAKE A PLAN. THEY WOULDN'T KNOW WHERE TO PUT IT. SO WE AMENDED SOME OF THE LANGUAGE AND I'M I'M ASKING FOR PASSAGE OF THIS AMENDMENT. OWN THANK YOU, CHAIR. I KIND OF WANTED TO I SAID THIS AT THE COUNCIL THE LAST COUNCIL, THE WHOLE MEETING. BUT I THINK FROM I JUST WANT TO TALK ABOUT THIS FROM MY PERSPECTI WHEN I FIRST STARTED READING THE, THE LANGUAGE OF THE LEGISLATION, I THINK I WAS LOOKING AT IT FROM A, FROM A CERTAIN PERSPECTIVE.

AND THEN BASED ON THE CONVERSATION THAT WEE HA BOTH AT OUR LAST MEETING AND THEN SINCE I THINK IT'S KIND OF BECOME MORE FORMALIZED IN MY HEAD, WHAT THIS REALLY IS, AND I SEE IT MORE LIKE A PHARMACY THAN ANYTHING ELSE NOW. AND THAT'S NOT REALLY THE WAY I WAS LOOKING AT IT WHEN WE FIRST STARTED. SO FOR ME, THIS HAS BEEN SOMEWHAT OF AN EVOLUTION IN IN THINKING, AND SO I THINK THE, THE AMENDMENT, BY SUBSTITUTION THAT'S BEEN PROPOSED, IT DOES DOES AN EXCELLENT JOB OF, OF DEALING WITH THIS AS, AS A MEDICAL FACILITY, AS A PHARMACY, WHICH IS REALLY WHAT IT IS. AND SO I'M GOING TO BE SUPPORTIVE OF THE, THE AMENDMENT, AND I HOPE THE REST OF MY COLLEAGUES CAN BE AS WELL. THANK YOU. COUNCIL MEMBER ENGEL THANK YOU, MADAM CHAIR, I WILL BE, A NO VOTE. A STRONG NO VOTE ON THIS LEGISLATION. AND I'LL TELL YOU WHY I IT'S PREPOSTEROUS TO THINK THAT THIS THING SHOULD GO TO THE PHARMACY. IF THE PHARMACIES IF THIS WAS TRULY MEDICINE, THE PHARMACIES WOULD BE JUMPING ALL OVER THIS THING. IT'S INSANE TO THINK THAT THE PHARMACY WOULD WOULD, WOULD HANDLE THIS PARTICULAR PRODUCT. AND LET ME JUST SAY THIS 1 IN 10 PEOPLE WHO USE MARIJUANA WILL BECOME ADDICTED. AND THIS RISES WHEN STARTED BELOW THE AGE OF 18. IT GOES TO 1 IN 6. NOW THE SPONSOR WILL TELL YOU IN MANY THAT WILL SPEAK IN FAVOR OF THIS IS THIS IS JUST MEDICAL. THIS IS JUST MEDICINE. THIS IS JUST MEDICAL MARIJUANA. IT'S NOT. AND I LET ME, FOR THE RECORD, MADAM CHAIR, SAY THAT IF IT WAS TRULY JUST MEDICINE, I DON'T WANT TO I WOULD NOT WANT TO GET IN THE WAY. I HAVE HAD FAMILY MEMBERS WITH CANCER. I HAVE HAD, YOU KNOW, WE HAVE MILITARY FOLKS THAT ARE DESERVE OF ANYTHING THAT WILL REDUCE THEIR PAIN. I AM NOT STANDING IN FRONT IN IN THE WAY OF THAT. THAT IS NOT WHAT I'M. BUT THE SPONSOR WILL TELL YOU. HE WILL TELL YOU THAT THIS IS HEADED TOWARDS REC LEGALIZATION OF RECREATIONAL MARIJUANA. I'VE HEARD HIM SAY I. I'VE HEARD HIM LOBBY THIS COUNCIL FOR YEARS ON THIS. THIS IS PERSONAL TO ME. AND BY THE WAY, THAT STAT 1 IN 10 CAME FROM THE SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION AS SAM HSA, I BASICALLY LOST A BROTHER THAT I TRULY BELIEVE STARTED WITH MARIJUANA, AND IT WENT FURTHER. NOW THAT'S JUST PERSONAL TO ME. I'M NOT ASKING FOR ANY SYMPATHY, I'M JUST SAYING I, I SPEAK ON A PERSONAL BASIS AND I'VE WATCHED OTHERS WHAT MARIJUANA DOES TO THEM AND I PERSONALLY HAVE AN EXPERIENCE OF THIS. AND QUITE HONESTLY, IT WASN'T ALL NEGATIVE. IT WASN'T ALL NEGATIVE. THIS STUFF AFFECTS NOT EVERYBODY THE SAME WAY. I'M NOT SAYING THAT THIS THIS IS TOTALLY HARMFUL AND EXTREMELY, EXTREMELY HARMFUL TO AND TO EVERYBODY. I'M JUST SIMPLY SAYING I'VE GOT PERSONAL, A PERSONAL STORY THAT I'M GOING TO STAND AGAINST THIS. AND SO I WANTED TO SPEAK, I WANTED TO SPEAK ON IT. NOW, LET ME JUST SAY THIS ALSO, I'VE TRAVELED TO DENVER WITH THE, WITH THE GLIDE TRIP AND ANYBODY THAT WAS ON. I'M TRYING TO LOOK BACK AT THE GLIDE, GLIDE TRIP REPRESENTATIVES. BUT DENVER WILL ALSO TELL YOU. OKAY. YES, THEY HAD A SPIKE IN REVENUE WHEN THEY

[00:55:06]

LEGALIZED MARIJUANA. ABSOLUTELY BUT THEY WERE ALSO VERY, VERY UPFRONT ON THE SOCIAL EFFECTS OF LEGALIZING MARIJUANA AND THEIR CITY. SO, FOLKS, LET'S NOT KID OURSELVES HERE, OKAY? IT'S NOT ALL. WELL, IT IS SORT OF ALL ABOUT IT TYPICALLY IS IN LIFE ALL ABOUT FOLLOWING THE MONEY.

FOLLOW THE MONEY. SO I WILL STAND AGAINST THIS, AND, AND MY AND I WILL BE RECORDED AS A NO VOTE. THANK YOU. THANK YOU, COUNCILMAN ENGEL. AND I RESPECT YOUR OPINION. I MAY NOT AGREE TOTALLY WITH IT, BUT I DO RESPECT, YOUR PERSONAL STORY, COUNCILMAN BAKER, THANK YOU, MADAM CHAIR, AND COUNCILMAN ENGEL'S SAYING SAME THING, MY HEART GOES OUT TO YOU ABOUT THAT PERSONAL STORY. AND SO I DON'T DON'T WANT YOU TO TAKE ANYTHING I SAY BECAUSE I HAVE A GREAT DEAL OF RESPECT, FOR YOU. I DO, I DO WANT TO. I WILL BE A YES VOTE. AND I WANT TO, GIVE COLLEAGUES A DIFFERENT, PERSPECTIVE AS WELL. MEDICINAL MARIJUANA IS IT IS MEDICINE.

THERE ARE PEOPLE WHO DEVOTE THEIR ENTIRE LIVES TO, TO LOOK AT, HOW IT'S REGULATED AND, AND HOW IT CAN BE EFFECTIVE WHEN IT COMES TO THINGS SUCH AS EPILEPS, SUCH AS PAIN MEDICATION AND THINGS THAT ARE SO. AND BY NO MEANS DO I WANT TO DISCOUNT ANYTHING TT'S BEEN SAID BEFORE. BUT ALSO, COLLEAGUES, I WANT YOU TO LOOK AT SOME OF THE NARRATIVE, TO HAVE THE REAL CONVERSATION. SOME OF THE NARRATIVE THAT CAME FROM MARIJUANA. THERE'S A DEEPER, DARKER HISTORY, THAT IS TIED TO RACE AND OTHER ISSUES. AND THIS IS AND IN FACT, THIS IS NOT PULLING THE RACE CARD. IT JUST SIMPLY IS BACK ON HOW WE'VE DEVELOPED OUR DISTASTE AS AMERICANS, AS LOUISVILLIANS AND SO FORTH AND SO ON, ON OUR VIEWPOINT TOWARD THAT. THE THIRD THING IS ALSO, LET'S NOT REMIND OURSELVES WE ARE IN THE BOURBON CODE, COUNTRY AND IN GAMBLING.

YOU KNOW, WHERE WE HAVE THE BIGGEST SPORTING EVENT FOR GAMBLING, WHERE SOME PEOPLE WOULD SAY WE'RE CRAZY. WHEN THE BOURBON INDUSTRY, YOU KNOW, THEY'RE THE US DA AND YOU CAN LOOK IT UP, HAS REPORTED TO NO DEATHS, WERE OVERDOSING OFF OF MARIJUANA. YOU KNOW, WHEN WE'RE TALKING ABOUT IN THE SPIRIT OF RELATIVITY, OF WHEN WE'RE LOOKING AT THE SPIRITS INDUSTRY AND SOME OF THE OTHER THINGS, HECK, EVEN JUST RIDING IN OUR CARS DOWN THE STREET, WE ARE LESS AT RISK OF SMOKING A JOINT OR USING A CBD OIL OR SOME DERIVATIVE. THEN IF WE ARE ACTUALLY DRIVING OR EVEN JUST WALKING IN OUR HOME, YOU KNOW, THE OTHER IS THAT YOU TOUCHED ON IS THE FINANCIAL ASPECT THAT, YOU KNOW, STATES AFTER STATES IT IS APPROVED IN AND HALF THE STATES IN THE UNITED STATES. AND THERE IS POSITIVE DATA POINTS AND SUBSETS THAT WE CAN LOOK DIRECTLY TO THAT HAS BEEN USEFUL IN THOSE AREAS FOR OUR OWN TAX REVENUE AND OTHER PURPOSES, AND, IN OVERALL, YOU KNOW, I COULD I COULD DRIVE THIS POINT ON WHETHER IT IS RECREATIONAL OR MEDICINAL. YOU KNOW, I'M I'M SOMEONE WHO'S FOR BOTH, NOT BECAUSE OF A LOVE OR AN ADDICTION FOR MARIJUANA, BUT WHEN YOU LOOK AT THE HOLISTIC NATURE OF MARIJUANA, THE HISTORY OF IT AND THE, YOU KNOW, AND FROM EVERY ASPECT, I MEAN, YOU CAN ACTUALLY BUILD WITH THINGS USING CBD, YOU KNOW, THERE'S CONSTRUCTION MATERIALS. I MEAN, THERE'S A WHOLE USE OF MATERIALS THAT ARE CAN BE IMPACTFUL TO OUR ECONOMY AND TO OUR LIVES. AND OF COURSE, IN THIS INDUSTRY, MEDICINE. AND SO EVEN I'M IN THE SCHOOL SYSTEM LAST YEAR SAYS I'M ALSO IN THE SCHOOL SYSTEM. AND A LOT OF YOU ALL SAW IN THE PAPER THAT JC, BECAUSE OF THIS ISSUE, THAT JC WHETHER YOU LIKE IT OR NOT, IT YOU KNOW, SCHOOL SYSTEMS ARE ACTUALLY ADMINISTERING THAT MEDICINE TO OUR STUDENTS. AND SO THIS IS NOT A PHILIP BAKER SAYING, HEY, THIS IS MEDICINE. I DO NOT BELIEVE IT'S DANCE TIME OR ANY OTHER SPONSOR. AND I'M NOT DIRECTING THIS IN A NEGATIVE WAY. JUST SAYING I DON'T THINK IT'S JUST SOMETHING THAT ANYONE IN THIS ROOM CAME UP. THERE ARE PEOPLE WHO DEVOTED THEIR LIVES.

THERE'S RESEARCH, THERE'S DATA, AND THERE'S OTHER STATES. AND I, I REALLY BELIEVE THAT WE'RE BEHIND ON THIS, THIS CONVERSATION. AND I BELIEVE IT'S ARCHAIC TO THINK THAT WE CAN'T MOVE THE CITY FORWARD WITH THE MARIJUANA INDUSTRY. AND SO I'LL BE A COMPLETE. YES, VOTE. AND THE MORE THE LESS REGULATIONS THAT WE HAVE ON THIS, THE BETTER FOR LOUISVILLE, I BELIEVE. SO I ENCOURAGE MY COLLEAGUES TO DO THE SAME. THANK YOU. I JUST WANT TO MAKE SURE THAT IT'S CLEAR THAT, NO, EVERYBODY UNDERSTANDS THAT NOBODY'S GOING TO BE SMOKING ANYTHING. YES. AND I AND I APOLOGIZE. NO, NO, NO THAT'S OKAY BECAUSE IT'S STILL OUT IN THE PUBLIC. PEOPLE ARE THINKING THAT WE'RE GOING TO TURN AROUND AND GIVE SOMEBODY A DOOBIE AND LET THEM KNOW, SORRY, FROM THE

[01:00:05]

70S. THEY'RE GOING TO LET THEM SMOKE, AS THEY DRIVE DOWN THE STREET. THAT'S NOT WHAT THIS IS.

AND I ACCIDENTALLY KNOCKED OFF COUNCILMAN. READ YOUR NEXT. SORRY ABOUT THAT. IT'S OKAY.

THANK YOU. MADAM CHAIR, YOU KNOW, TO ME, THIS IS. AND THERE'S NOBODY ON THIS COUNCIL THAT I RESPECT MORE THAN COUNCILMAN ENGEL. NOBODY HE'S A GREAT COUNCILMAN, AND HE'S A GREEN BAY PACKER FAN. SO WHAT SORT OF. WHAT'S WHAT'S THERE NOT TO LIKE? BUT SERIOUSLY, TO ME, THIS IS, WE'RE NOT TALKING ABOUT RECREATIONAL MARIJUANA RIGHT NOW. WE'RE TALKING ABOUT MEDICAL MARIJUANA. AND THAT'S THE ISSUE THAT'S BEFORE US. YOU KNOW, I THINK THAT WHEN THE TIME COMES, IF IT COMES, IT MAY NEVER COME. BUT IF IT DOES, THEN THEN AT THAT POINT, WE'LL HAVE THIS DISCUSSION ABOUT RECREATIONAL MARIJUANA. THE I REMEMBER THE SPONSOR COMING IN, SEVERAL YEARS AGO WITH HIS DAD, WHO WAS A CANCER PATIENT, LOTS OF PEOPLE HAVE COME HERE AND THEY'VE TALKED ABOUT THE MEDICINAL BENEFITS OF MEDICAL MARIJUANA AND HOW IT WOULD HELP THEM. IF, IF IT WERE LEGAL. AND I WAS CONVINCED YEARS AGO THAT IT WAS SOMETHING THAT WAS NECESSARY FOR CANCER PATIENTS, FOR PTSD POST TRAUMATIC STRESS DISORDER, EVEN AS A, AS A WAY TO WITHDRAW FROM OPIOID ADDICTION. SO, YOU KNOW, THE SPONSOR TO ME HAS DONE A YEOMAN'S JOB OF, YOU KNOW, CLARIFYING HIS ARGUMENT AND MAKING IT AS SUCH THAT THIS REALLY IS A MEDICAL ISSUE. AND, AND I AGREE WITH HIS, HIS ORDINANCE IN TERMS OF, YOU KNOW, MAKING IT AS IS, LESS ONEROUS AS POSSIBLE FROM A REGULATION STANDPOINT AND FROM A DIFFICULTY STANDPOINT AND MIRRORING THE STATE, STATUTE AS MUCH AS POSSIBLE. SO, I'M A VERY SUPPORTIVE. YES ON THIS, AND I CONGRATULATE HIM. THANK YOU. THANK YOU, COUNCILMAN SAM. THANK YOU, MADAM CHAIR. IN ANSWER TO SOME OF THE. ARGUMENTS BY MY COLLEAGUE, CANNABIS WAS IN THE PDR UNTIL 1942. PRESCRIBED SUCCESSFULLY BY THE DOCTORS, UNTIL THIS RACIST PROHIBITION CAME ABOUT, IT IS PERSONAL WITH ME BECAUSE MY FATHER DID HAVE CANCER. HE HAD HALF HIS GUTS CUT OUT. AND AS HE SAID, STATED ON THE SENATE FLOOR AT 80 YEARS OLD THAT THEY GAVE HIM THAT BOTTLE OF OXYCONTIN AND HE THREW IT IN THE TRASH, AND HE LIT UP A JOINT BECAUSE IT HELPED HIM WITH THE, THE, RADIATION TREATMENTS AND STUFF HE WAS GETTING. I WAS A, A ADVOCATE FOR OUR VETERANS WHO ARE EXPERIENCING PTSD. WE HAD THEM IN FRONT OF COMMITTEE, AND THEY WERE TALKING ABOUT THE HORRORS OF WAR AND WAKING UP WITH THE NIGHTMARE OF THE HORRORS AND LOSING BODY PARTS. AND INSTEAD OF TAKING A BULLET AND BLOWING THEIR HEAD OFF, THEY COULD GO TO THEIR CABINET AND GET A PIPE AND TAKE A COUPLE TOKES OFF THAT PIPE. THEY'D BE A CRIMINAL, BUT THEY WERE ABLE TO GO BACK TO SLEEP. SO YES, THIS IS PERSONAL WITH ME. I USE CANNABIS MEDICINALLY FOR MANY SYMPTOMS THAT I DON'T WANT TO HAVE TO TAKE CHEMICALS THAT ARE DONE IN A PETRI DISH, AND THAT GETS ME ADDICTED. AS FAR AS PEOPLE USING CANNABIS AS A GATEWAY, THE GATE, THE CANNABIS DOES NOT KILL THAT WORM INSIDE THAT THEY'RE TRYING TO KILL. THAT'S WHY THEY GO ON TO A DIFFERENT DRUG, A HARDER DRUG THAT'S WHY CANNABIS DOES NOT CONTROL WHAT THAT WORM IS CONTROLLING INSIDE. SO, WITH ALL SYMPATHY TO ANYONE WHO'S LOST A LOVED ONE TO THROUGH DRUG ADDICTION, AND THEY, THEY ALWAYS REVERT BACK TO THE CANNABIS AS THE GATEWAY. BUT I COULD ASSURE YOU THAT THERE WERE DRUGS INVOLVED WELL BEFORE THAT. ALCOHOL, NICOTINE. AND ONE THING I WOULD ALSO WANT TO, TO, TO SAY IS THAT CANNABIS HAS NEVER KILLED THE FIRST PERSON, NEVER. ALCOHOL HAS KILLED MILLIONS.

LOOK IT UP, THIS IS NOT FOR RECREATIONAL. THIS IS FOR MEDICINE. THIS IS FOR PATIENTS WITH CANCER, DEBILITATING DISEASES, PTSD. LET'S TREAT IT LIKE THAT. WHEN WE GET TO THE DISPENSARIES FOR RECREATIONAL, THAT'S AN ENTIRELY DIFFERENT SUBJECT. AND THAT'S A DIFFERENT SET OF RULES THAT WE ARE ASSURED WILL HAVE TO GO THROUGH. BUT RIGHT NOW, WE ARE DEALING WITH PEOPLE WITH CANCER, PTSD, AND THIS IS MEDICINE. LET'S NOT MAKE IT HARDER ON THESE PATIENTS TO GET THEIR MEDICINE. THANK YOU. COUNCILWOMAN CHAPEL. THANK YOU, I DON'T THINK THAT I HAVE MUCH

[01:05:02]

TO SAY THAT HASN'T ALREADY BEEN SAID, BUT I WOULD JUST ECHO I DON'T KNOW WHAT THE STATISTICS ARE IN ADDICTION AND ALCOHOLISM, BUT I THINK THAT THAT'S IMPORTANT TO CONSIDER. ALSO, IN A CITY TOUTED FOR ITS BOURBONISM AND A STATE TOUTED FOR ITS BOURBON, AND OFTEN WE TALK IN EXTREMES AND WHILE I HEAR EVERYONE SAYING, THIS IS USED IN CANCER TREATMENTS AND OF COURSE IT IS, BUT IT'S ALSO USED TO TREAT A MYRIAD OF THINGS, FROM GLAUCOMA TO ANXIETY, AND I THINK THAT, IT'S MORE COMMONPLACE THAN I THINK A LOT OF PEOPLE CONSIDER, AND I'D SAY I'D PROBABLY BE A LITTLE MONSTER TO MYSELF. AND OTHERS IF I DIDN'T HAVE, MEDICATION IN THAT WAY FROM CANNABIS, I'VE ALSO VISITED, I THINK DISPENSARIES IN SIX STATES, AND THEY'VE ALL BEEN VERY CLEAN, MODERN AND VERY, VERY SECURE FACILITIES, SHOWING YOUR ID WHEN YOU WALK IN, TALKING TO REPRESENTATIVES. ONLY ONE ENTRANCE, I THINK THAT ONE OF THE THINGS THAT WE TALK ABOUT IS KENTUCKY'S NOT ALWAYS THE FASTEST STATE TO DO SOMETHING, BUT I THINK THAT THAT ALWAYS GIVES US THE OPPORTUNITY TO SEE HOW OTHERS HAVE FUMBLED BEFORE US AND SO I THINK THAT, YOU KNOW, AS WE'RE INCHING TOWARDS LEGALIZATION FOR REC RECREATIONAL MARIJUANA, I THINK THAT WE HAVE THE OPPORTUNITY TO DO THIS RIGHT. AND I HOPE THAT THAT WE ARE ABLE TO EXPAND OUR CANNABIS INDUSTRY RESPONSIBLY. AND WITH ALL OF THAT SAID, THE WAY THINGS ARE GOING, DISTRICT 15, I THINK THAT WE WOULD LOVE TO HOST A DISPENSARY. MAYBE DISTRICT 25, SINCE THEY'RE ALWAYS ASKING FOR STUFF TO. YOU WANT TO REMIND US HOW MANY DISPENSARIES WE'RE GOING TO GET, LAURA? TWO. TWO ARE IN THE LEGISLATION. COUNCILMAN ARTHUR. THANK YOU. CHAIRWOMAN. I CO-SPONSORED THE INTRODUCED LEGISLATION. I WANT TO MAKE SURE AS WE VOTE ON THE AMENDED ONE.

I'M A CO-SPONSOR OF THAT AS WELL. AND THANK YOU ALL FOR YOUR WORK ON THIS. I THINK THERE'S THREE ON THERE. COUNCILMAN SAM, MYSELF AND COUNCILMAN ARTHUR. AND IF ANYBODY ELSE WANTS TO JOIN, THEY CAN DO SO. COUNCILMAN SAM, THANK YOU, MR. CHAIR. ONE LAST THING IS THIS. MEDICAL CANNABIS WILL BE PRESCRIBED BY YOUR DOCTOR. YOU WILL HAVE TO HAVE A BONA FIDE RELATIONSHIP WITH YOUR DOCTOR JUST TO GET THIS REFERRAL. THIS IS NOT GOING TO BE THE WILD WEST. IT'S NOT GOING TO BE PEOPLE OUT LIKE I SAID, GOING AND SMOKING THEIR MEDICINE IN THE MIDDLE OF INTERSECTION, DOING WHIRLING DERVISHES, LISTENING TO THE GRATEFUL DEAD. IT'S NOT LIKE THAT. SO PLEASE DON'T CONSIDER IT THAT WAY. WE'LL GET TO THE RECREATIONAL WHEN THAT TIME COMES. BUT LET'S LET THE PATIENTS GET ALL THE HELP THEY CAN GET. THANK YOU. I JUST WANT TO REITERATE, YOU KNOW, BECAUSE I THINK I DID A COMPLETE TURNAROUND BACK YEARS AGO, AFTER MY SON WAS INJURED IN THE IRAQ BECAUSE, WHEN YOU HAVE A NEUROLOGIST TELL YOU THAT FOR NEURO NEUROPATHIC PAIN, THE ONLY THING THEY GIVE YOU IS AN OPIOID AND MOUNDS OF OPIOIDS, BECAUSE IT'S NOT JUST YOU TAKE OXYCONTIN, YOU MIGHT BE TAKING OXYCONTIN AND MORPHINE, OR YOU MIGHT BE TAKING A NUMBER OF PAIN MEDICINES TO TRY TO DEAL WITH NEURO NEUROPATHIC PAIN. WHEN THE DOCTOR LOOKED AT ME AND SAID, THE MEDICINE THAT HE'S GOING TO NEED JUST TO LIVE EACH DAY WILL KILL HIM, HIS LIFE EXPECTANCY IS 20 YEARS FROM THE DATE OF INJURY, AND IT'S NOT FROM HIS.

IT'S NOT DIRECTLY THE INJURY. IT'S THE NEURO NEUROPATHIC PAIN THAT THEY CAN'T GET RID OF. AND THEN WHEN THE DOCTOR LOOKED AT ME AND SAID, HE NEEDS TO MOVE TO ANOTHER STATE THAT HAS ALREADY LEGALIZED MEDICAL CANNABIS BECAUSE THAT IS HIS ONLY HOPE TO NOT DIE AT A YOUNG AGE BECAUSE OF THE MEDICINE IS MORE HARMFUL THAN ALMOST HIS INJURIES, IF YOU WILL. COUNCILMAN BAKER, YEAH, I JUST STILL DIGESTING WHAT YOU WERE SAYING, BUT I WANTED TO, BE A CO-SPONSOR ON THIS BILL. IF YOU IF STILL TIME IF IT WAS OKAY. THANK YOU. THANK YOU. CHAIR, I WOULD JUST BRING UP A POINT OF ORDER THAT A LOT OF THE CONVERSATION TODAY HAS BEEN AROUND THE LEGALIZATION OF CANNABIS, AND THAT'S NOT WHAT THIS ORDINANCE IS ABOUT. IT'S ABOUT WHERE IT'S GOING TO BE.

THIS IS A ZONING ORDINANCE. WE'RE NOT WE'RE NOT HERE TO DISCUSS THE MERITS OF CANNABIS OR NOT. IT'S WHERE ARE WE GOING TO PUT IT. THAT'S ALL I WOULD SAY. THANK YOU. THANK YOU, MR.

[01:10:07]

HUDSON. ANYBODY ELSE IN THE QUEUE? OH, YOU WITHDREW. I'M SORRY I'M GETTING SO MANY WARNINGS. ON MY CELL PHONES RIGHT NOW BECAUSE OF THE WEATHER. I'M SORRY. I DIDN'T SEE IT. COUNCILMAN SIGN. THANK YOU, MR. CHAIR. TO MY COLLEAGUE. YOU'RE RIGHT. THIS IS ABOUT WHERE THESE GO AND WE KEEP CONFLATING RECREATIONAL WITH MEDICAL WHEN WE'RE DETERMINING WHERE THESE ARE GOING. AND THAT'S WHY I'M HERE. TO BEGIN WITH. BECAUSE WHERE WE'RE PUTTING THEM, WE'RE CONFLATING WITH, SMOKE SHOPS AND VAPE SHOPS AND WHERE WE MAY BE PUTTING RECREATIONAL SHOPS. THIS IS NOT THAT. AND BUT WE ARE CONFLATING IT WITH WHERE WE WANT TO PUT THEM. AND I'M TRYING TO DISPEL THAT AS WE SPEAK. THANK YOU. ANY OTHER COMMENTS OR CON BEFORE WE ENTERTAIN A VOTE, SEEING NONE, WE'LL OPEN THE VOTING. OH DO WE? I THOUGHT, OH, I DON'T THINK WE VOTED ON THE AMENDMENT YET. OKAY. ALL THOSE IN FAVOR OF THE AMENDMENT BY SUBSTITUTION SIGNIFY BY SAYING AYE. AYE THOSE OPPOSED BY LIKE SIGN NO. THE MOTION CARRIES. NOW WE'RE OPEN FOR VOTING.

YEAH THERE'S BEEN A LOT OF, WI-FI ISSUES IN THIS BUILDING. YEAH OKAY. JUST A SECOND, FOLKS.

HE'S REFRESHING. NO, I HAD TO REENTER EVERYTHING ON, DOWNSTAIRS, TAKE THE WI-FI OFF AND REINSTALL IT. FOR THE LAST THREE TIMES I'VE BEEN DOWN IN TRYING TO USE IT. YEAH THERE WE GO. THERE. VOTING IS OPEN. RIGHT NOW. DISAPPEARED. OKAY, YOU'RE GOING TO READ IT OPENED AND THEN IT CLOSED BEFORE EVERYBODY FINISHED VOTING. IT SHOULD BE OPEN NOW. YES. OKAY. COUNCIL MEMBER OWEN. YES. BUILDINGS CLOSING. UPON ASSUMING WITHOUT OBJECTION, VOTING IS CLOSING.

THERE ARE SEVEN YES VOTES AND ONE NO VOTE. AND THIS WILL GO TO THE OLD BUSINESS AT OUR NEXT COUNCIL MEETING. MOVING BACK TO ITEM NUMBER SEVEN, WHICH IS THE LAST ORDER OF BUSINESS FOR THIS

[7. O-129-24 AN ORDINANCE AMENDING SECTIONS 1.2.2 AND 4.3.26 AND CREATING SECTION 4.4.13 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) AND AMENDING SECTION 90.11 OF THE LOUISVILLE METRO CODE OF ORDINANCES (“LMCO”) REGARDING SMOKING RETAIL STORES (CASE NO. 23-LDC-0002). 7/16/24 Planning and Zoning Committee Held 6/11/24 Planning and Zoning Committee Tabled Action Required By: December 2024 Sponsors: Madonna Flood (D-24) ]

COMMITTEE, WHICH IS AN ORDINANCE AMENDING SECTIONS 1.2.2 AND 4.3.26 AND CREATING SECTION 4.4.13 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE AND AMENDING SECTION 90.11 OF THE LOUISVILLE METRO CODE OF ORDINANCES REGARDING SMOKING RETAIL STORES. CASE NUMBER 23 LDC 0002. I THINK YOU PROBABLY MOVED IN A SECOND. WE'RE READY FOR DISCUSSION.

WE PRESENTED THIS ORIGINALLY ON AT THE JUNE 11TH, PLANNING AND ZONING COMMITTEE MEETING, AND IT WAS TABLED AT THAT DATE. I DON'T HAVE ANY ADDITIONAL INFORMATION TO PROVIDE AT THIS TIME.

COUNCILMAN HUDSON, THANK YOU. CHAIR, I WANT TO RECOGNIZE, COUNTY ATTORNEY LAURA FERGUSON FOR HER HELP ON THIS. BEN RENO WEBER, KAHLIL BASKIN, THE MAYOR'S OFFICE OF PLANNING COMMISSION, HEALTH DEPARTMENT CODES AND REGS. THERE'S BEEN A LOT OF INPUT ON THIS. AND AT THE RISK OF CONFLATING THE ORDINANCE THAT WE JUST VOTED ON, THESE ARE VERY SIMILAR IN LANGUAGE, BUT

[01:15:09]

VERY DIFFERENT IN APPLICATION, TO COUNCILMAN SAM'S POINT, THIS IS FOR THE REGULATION OF WHAT'S COMMONLY REFERRED TO AS VAPE SHOPS, NOT CANNABIS DISPENSARIES. AND THAT'S, THAT'S THAT'S A IMPORTANT DISTINCTION. WE'VE CRAFTED THE LANGUAGE THAT, RESTRICTS WHERE VAPE SHOPS CAN BE LOCATED. AND OPERATED, AND THE, CONSEQUENCES OF VIOLATING THOSE CODES IN THE ZONING REGULATIONS, I'D BE HAPPY TO HAPPY TO ANSWER ANY QUESTIONS THAT ANYBODY MIGHT HAVE ON THIS.

SUBSTITUTION, LAURA FERGUSON, ASSISTANT COUNTY ATTORNEY. I BELIEVE THERE'S AN AMENDMENT, A PROPOSED AMENDMENT IN THE SYSTEM. YES, I WAS NOT AN AMENDMENT, BUT SUBSTITUTION.

IT'S AN AMENDMENT THAT SHOWS THE ADDITIONS AND CHANGES. AND THEN THERE'S ONE AMENDMENT TO THAT AMENDMENT. YEAH, ONE ADDITIONAL CHANGE, ONE ADDITIONAL CHANGE ON PAGE SEVEN. SUBSECTION F, IT SAYS ANY LICENSE UNDER THIS SECTION MAY BE DENIED, SUSPENDED OR REVOKED, YADA, YADA. I WANT TO CHANGE THAT TO ANY LICENSE UNDER THIS SECTION SHALL BE DENIED. INSTEAD OF MAY BE DENIE.

BUT OTHER THAN THAT, I THINK THIS IS THIS AMENDMENT IS GOOD TO GO. SO I DON'T KNOW HOW TO PART OF THE MATERIAL WE HANDLE THAT WE NEED A MOTION TO CHANGE THAT, THAT LANGUAGE. I THINK YOU COULD DO AN A MOTION TO AMEND THE ORDINANCE WITH WHAT'S IN THE SYSTEM, WITH ONE ADDITIONAL CHANGES NOTED BY COUNCILMAN HUDSON. OKAY. SO I DON'T THINK ANY OF THE AMENDMENTS BEFORE US YET. YEAH AND LET'S REMEMBER, I'M NOT A MEMBER OF THIS COMMITTEE, SO I DON'T KNOW IF I CAN MAKE THAT AMENDMENT SO I CAN MAKE THAT. SO I MEAN, I'LL MAKE THE MOTION TO, SO I MAKE THE MOTION TO DO THE AMENDMENT ON THE DRAFT THAT WE'VE HAD BEFORE US, I KNOW, THANK YOU, COUNTY ATTORNEY LAURA, FOR HELPING US GO THROUGH THIS. AND I APOLOGIZE TO THE COMMITTEE FOR SENDING IT OUT SO LATE, WE WORKED ON THIS TIRELESSLY TILL LATE LAST NIGHT AND TRYING TO FINALIZE SOME OF THE DETAILS ON THIS, SO, WE HAVE THAT AMENDMENT, THAT WE NEED TO MAKE THE MOTION ON AND THEN MAKE SOME ADJUSTMENTS TO THAT AMENDMENT. JUST QUICK, SMALL MINOR ADJUSTMENTS IN ADDITION TO WHAT'S IN THE SYSTEM. THERE'S JUST ONE ADDITIONAL CHANGE, WHICH WOULD BE, ON PAGE SEVEN OF THE ORDINANCE AND F THAT THE MAY WOULD BE REPLACED WITH A SHALL. AND THEN I SEEN ONE MORE THAT I DIDN'T GET TO CATCH YOU ON. AND I'M SO SORRY. NO PROBLEM. BUT ON PAGE THREE WE MARK OUT THE DERIVED FROM THE CANNABIS PLANT. WE NEED TO PUT THAT BACK IN BECAUSE IF IT'S ANY ANY SUBSTANCE THAT WOULD BE DERIVED FROM THAT COULD BE I HAD. IF IT HELPS, I HAD TAKEN OUT THE DERIVED FROM A CANNABIS PLANT BECAUSE WE HAD THE DEFINITION OF CANNABINOID ADDED. OKAY. SO THANK YOU. THE DEFINITION REPLACED. MY APOLOGIES THERE. SO THAT'S THE ONLY REASON IT WAS STRUCK. SO WE NOW HAVE A DEFINITION. GOOD. THANK YOU SO MUCH FOR THAT. SO I MAKE THE MOTION TO MOVE THE AMENDMENT, AND THE SECOND AMENDMENT, IF THAT'S POSSIBLE. THE AMENDMENT YOU WANT TO AMEND BASED ON WHAT'S IN THE SYSTEM WITH THE ONE ADDITIONAL CHANGE TO REPLACE THE MAY WITH THE SHOW. YES, PLEASE. YEAH SECOND, PROBABLY PROPERLY MOVED IN. SECOND, ALL THOSE IN FAVOR OF THE AMENDMENT SIGNIFY BY SAYING AYE. AYE. THOSE OPPOSED BY LIKE, SIGN HEARING NONE. THE MOTION PASSES. SORRY, I'M TRYING TO GET BACK TO THIS SCREEN. COUNCILMAN BACHON OKAY, SO THANK YOU ALL AGAIN. I APOLOGIZE FOR, FOR THE LATE, SENDING THIS OUT, BUT WOULD IT BE WISE FOR US TO GO OVER SOME OF THOSE CHANGES, LAURA, OR, HAVE SOME OF THE DISCUSSION ON THAT? WE CAN DO IT HOWEVER YOU LIKE. I MEAN, I'M HAPPY TO WALK THROUGH THE DOCUMENT AND EXPLAIN THE CHANGES, IF THAT WOULD HELP, I'M IF ANYBODY WANTS TO HEAR THAT. I MEAN, I I'M FINE WITH IT, I UNDERSTAND IT. I JUST HAVE A GENERAL QUESTION, THOUGH, AND THIS MAY NOT EVEN BE SOMETHING THIS BODY TAKES CARE OF, BUT IN THE LAW, IS IT 21 TO SELL TOBACCO PRODUCTS OR IS IT 18? IT'S A I CAN'T REMEMBER IF IT WAS CHANGED SOMEWHERE. I JUST REMEMBER IT WAS DONE. I JUST