Jan 21, 2025 Planning and Zoning Committee - This Is Considered A Special Meeting (trimmed)

[Call to Order]

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ALL RIGHT. WELCOME TO THE TUESDAY, JANUARY 21ST SPECIAL MEETING OF PLANNING AND ZONING

[Roll Call]

[1. O-011-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 703, 707, 709, 711, 727, 731 AND 747 EAST JEFFERSON STREET, 218 AND 220 SOUTH SHELBY STREET, AND 223, 225 and 227 SOUTH CLAY STREET CONTAINING APPROXIMATELY 2,45 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0004). Action Required By February 21, 2025 **Council Member Ken Herndon (D-4) can vote on this zoning change** Sponsors: Markus Winkler (D-17) ]

AND THE PROPOSAL IS ALSO INDUSTRIAL AND COMMERCIAL. THE EXISTING ZONING THAT THERE'S A PIECE IN THE MIDDLE THAT'S ALREADY ZONED S ONE. AND THEN ON THE TWO SIDES TO FILL OUT THE BLOCK THAT'S ZONED EASY ONE OR I'M SERIES C TWO IN THE TRADITIONAL NEIGHBORHOOD FORM DISTRICT. IT'S PROPOSED FOR THE WHOLE BLOCK TO GO TO EASY ONE. THE REQUEST WAS A CHANGE IN ZONING FROM C2 TO EASY ONE. AND THERE'S A REVISED DISTRICT DEVELOPMENT PLAN ASSOCIATED WITH THE SITE. THE SUMMARIES THAT RABBIT HOLE DISTILLERY WOULD LIKE TO EXPAND WITH EVENT SPACE AND RETAIL. THERE'S TRUCK LOADING AND MANEUVERING TO BE RELOCATED FROM JEFFERSON STREET TO A COVERED OFF STREET DOCK ALONG CLAY STREET. SO THIS IS THE APPLICANT'S DEVELOPMENT PLAN. CURRENTLY, THERE'S LOADING DOCKS ALONG EAST JEFFERSON, AND SO THOSE ARE PROPOSED TO BE MOVED TO THIS AREA WITH A COVERED DOCK WHICH IS LOCATED ON THAT CORNER. AND THEN SOME OTHER PROPOSALS FOR THE SITE ARE RETAIL, GIFT SHOP, BAR, TASTING AREA, SOME OFFICES AND OTHER RETAIL. SO THIS IS THE ELEVATION OF THE SITE. THEY ARE KEEPING TWO OF THE EXISTING STRUCTURES ON THE SITE. ONE LOCATED ON JEFFERSON AND THE OTHER ON SHELBY. SOME OTHER RENDERINGS OF THE PROPERTY. THE SOUTH CLAY STREET RENDERING. THIS IS THE SOUTH SHELBY STREET RENDERING.

AND THEN THE ALSO SOUTH CLAY STREET. THIS IS ONE OF THE STRUCTURES TO BE REMOVED. EAST JEFFERSON STREET. THESE ARE STRUCTURES TO BE REMOVED. SO THE APPLICANT HAD HELD A NEIGHBORHOOD MEETING ON MARCH 30TH, 2023, AS WELL AS DECEMBER 18TH, 2023. THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE MEETING WAS HELD ON MAY 23RD, 2024, WITH THE PLANNING COMMISSION PUBLIC

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COUNCILMAN. HUDSON. YES. THIS IS CHAIR. YOU HAVE SEVEN YES VOTES. 77 YES VOTES. IT PASSES AND WILL BE SENT TO THE CALENDAR. OLD BUSINESS? YEAH, TO THE OLD BUSINESS CALENDAR. NEXT ORDER OF

[2. O-012-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 7203 EAST MANSLICK ROAD CONTAINING APPROXIMATELY 6.77 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0079). Action Required By February 21, 2025 Sponsors: Markus Winkler (D-17) ]

JULIA, WOULD YOU BE DOING THIS ONE AS WELL? YES. THANK YOU. ALL RIGHT. THIS IS 24 ZONES, 0079.

THIS IS LOCATED IN COUNCIL DISTRICT 23 ON 7203 EAST MANSLICK ROAD. THE EXISTING ZONING IS RESIDENTIAL AND THE PROPOSED USE IS ALSO RESIDENTIAL. THE ZONING IS R4 CURRENTLY WITH A PROPOSED TO BE PRE PLANNED RESIDENTIAL DISTRICT. THERE WAS A REQUEST FOR A CHANGE IN ZONING FROM R4 SINGLE FAMILY TO PRE PLANNED RESIDENTIAL DISTRICT. THERE WAS ALSO A MAJOR PRELIMINARY SUBDIVISION AND A DETAILED DISTRICT DEVELOPMENT PLAN. IT'S ONE UNDEVELOPED PARCEL. CURRENTLY, THE PROPOSALS FOR A 40 LOT SUBDIVISION. THEY WILL BE ATTACHED TOWNHOME STYLE. THERE ARE STUB CONNECTIONS CARRIED THROUGH THE SITE AND THE HIVE NEIGHBORHOOD PLAN APPLIED TO THE SITE. SO THIS IS THE APPLICANT'S DEVELOPMENT PLAN, WHICH CONTINUES ROME BEAUTY WAY. THROUGH BRAEBURN RIDGE AND THEN OLD BATES ROAD, CONNECTING OUT TO MANSLICK ROAD. THESE ARE ELEVATIONS OF WHAT THE SITE IS ANTICIPATED TO LOOK LIKE.

SOMETHING SIMILAR TO WHAT IS SHOWN HERE. THIS IS CURRENTLY THE SUBJECT PROPERTY WHICH IS VACANT. SOME ADJACENT PROPERTY. RESIDENTIAL TO THE EAST AND THE CEMETERY TO THE WEST. THE

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CHAIR. MY ONLY I'M GOING TO BE A YES VOTE ON THIS. BUT I DO HAVE A CONCERN ABOUT THE STUB INTO MANSLICK ROAD. MANSLICK IS A VERY, VERY NARROW RURAL ROAD, AND THE SHOULDERS DROP OFF DRASTICALLY. WAS THERE ANY CONSIDERATION OR STUDY GIVEN IN THE IN THE. PREPARATION OF THE PLAN ON THE TRAFFIC THAT WOULD BE DUMPING OUT ONTO MANSLICK ROAD? SO THE MANSLICK ROAD ENTRANCE IS THE PRIMARY ENTRANCE INTO THE SITE. LET ME. THEY DIDN'T NECESSITATE A TRAFFIC STUDY. YEAH, I'LL GO AHEAD. BRIAN DAVIS. OFFICE OF PLANNING. SO WITH THIS ONLY BEING 40 UNITS, IT DIDN'T NECESSITATE A TRAFFIC STUDY. AND SO THERE WERE THERE WASN'T ANY KIND OF ADDITIONAL THING THAT WAS REQUIRED OF THIS. AND SO, YOU KNOW, WE JUST LOOKED AT THE PROJECT AND LOOKED AT WHAT REQUIREMENTS WOULD BE REQUIRED ALONG THE FRONTAGE OF MANSLICK THERE. AND SO THE APPLICANT DOES SHOW SOME, SOME IMPROVEMENTS THERE. BUT THEN YOU KNOW, AGAIN YOU HAVE THE, THE TWO DIFFERENT CONNECTIONS THAT GO BACK INTO THE SITE. AND SO THOSE WERE, YOU KNOW, ALL THAT WAS CONSIDERED ADEQUATE FOR THE FOR THE PROPOSAL. SO DID I JUST HEAR YOU SAY THERE ARE SOME PLANNED IMPROVEMENTS ON THE ON THE MAIN ENTRANCE. BECAUSE I MAYBE I MISSED THAT IN THE PRESENTATION. I DON'T SEE IT ON THAT PLAN RIGHT THERE. SO THERE'S SO AGAIN IT'S KIND OF UNIQUE BECAUSE YOU DON'T HAVE A WHOLE LOT OF FRONTAGE ON MANSLICK ROAD. AND SO YOU KNOW THEY ARE SHOWING THE SIDEWALK BEING PROPOSED ALONG MANSLICK. THE PAVEMENT WIDTH IS.

THAT'S NOT SHOWN ON HERE. BUT YOU KNOW, THEY ARE THEY ARE PROPOSING ADDITIONAL RIGHT OF WAY ALONG MANSLICK. AND SO WE WOULD WE WOULD TAKE A LOOK AT THAT. I KNOW THERE WAS A LOT OF CONCERN ABOUT THE ALIGNMENT WITH OLD BATES AND MAKING SURE THAT THAT CAME INTO THAT, THAT THE ENTRANCE THERE LINED UP AS MUCH AS POSSIBLE. IS THE EXISTING LOCATION OF OLD BATES ON THE ON THE OPPOSITE SIDE OF MAYFIELD ROAD. AND SO THAT WAS, YOU KNOW, TAKEN INTO CONSIDERATION WHEN WE WERE LOOKING AT THE LOCATION OF THAT PARTICULAR ENTRANCE. I JUST WANT MY CONCERN ON THE RECORD.

SO THANK YOU FOR THAT. THANK YOU, MR. CHAIR. SURE. COUNCILMAN BRADSHAW IS PROBABLY PROBABLY MY NEIGHBOR WOULD KNOW HERE. WAS THIS DEVELOPMENT? WAS IT AT THE FIRST GO AROUND? WAS IT GAS STATION? NO, NO. YOU'RE THINKING OF A PARCEL AT THE CORNER OF MANSLICK AND CHURCH ROAD. THANK YOU. DIFFERENT. DIFFERENT PROJECT. THANK YOU SIR. ANY OTHER QUESTIONS? I DON'T HAVE ANYONE IN THE QUEUE WITHOUT FURTHER QUESTIONS. IT'S AN ORDINANCE CALLING FOR A ROLL CALL. VOTE? VOTE IS CLOSING. CHAIR, YOU HAVE SEVEN YES VOTES. WITH SEVEN YES VOTES. IT PASSES AND WILL BE MOVED TO OLD BUSINESS. NEXT ORDER OF BUSINESS, NUMBER THREE. 001325.

[3. O-013-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 6703 AND 6705 ROCKY LANE AND 6707 BEULAH CHURCH ROAD CONTAINING APPROXIMATELY 1.24 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0081). Action Required By February 21, 2025 Sponsors: Markus Winkler (D-17) ]

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THE ADJACENT PARCELS WERE REZONED RECENTLY FOR HIGHER RESIDENTIAL USE AND COMMERCIAL USE UNDER 23 ZONE 0030. THE PRIMARY ACCESS WILL BE VIA ROCKY LANE, WHICH PROVIDES CONNECTION TO BOTH BEULAH CHURCH AND DAMASCUS ROADS. AND THEN THERE'S SOME AREAS OF WETLANDS, AND THOSE ARE PROPOSED TO BE PRESERVED WITH SOME TREE PRESERVATION AREAS. SO THIS IS THE APPLICANT'S DEVELOPMENT PLAN. THOSE TREE PRESERVATION AREAS ARE LOCATED ALONG DAMASCUS ROAD AND TO THE REAR OF THE SITE. ACCESS ON ALONG ROCKY LANE. AND THEN THERE'S ALSO CROSS ACCESS PROVIDED AS WELL. THESE ARE THE ELEVATIONS THAT THE APPLICANT PROVIDED. PHOTOS OF THE SUBJECT PROPERTY. IT'S THE TREED AREA OVER HERE. AND THEN THIS IS ALONG ROCKY LANE.

THE ADJACENT SITES. THIS IS LOOKING NORTH ON BEULAH CHURCH ROAD AND THE NON RESIDENTIAL NORTH OF THE SUBJECT SITE. SO THIS IS THE SUBJECT SITE HERE. SO THE APPLICANT HELD THEIR NEIGHBORHOOD MEETING ON JUNE 27TH 2020 FOR THE LAND DEVELOPMENT TRANSPORTATION MEETING WAS HELD ON OCTOBER 24TH, 2020 FOR THE PLANNING COMMISSION. PUBLIC HEARING WAS HELD ON NOVEMBER 21ST WITH A MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM R4 TO C1 BY A VOTE OF 7 TO 0. ARE THERE ANY QUESTIONS? I WANT TO RECOGNIZE THAT WE'VE BEEN JOINED BY COUNCILWOMAN PARISH. RIGHT. THIS PROJECT IS IN COUNCIL DISTRICT 23, JEFF HUDSON'S DISTRICT. I'LL TURN IT OVER TO HIM. TO HIM FOR COMMENT. THANK YOU. CHAIR. YEAH, THIS THIS PROJECT IS PART AND PARCEL OF A MUCH LARGER PROJECT KNOWN AS BEULAH CROSSINGS. THE REASON IT'S SEPARATE IS BECAUSE THIS PARTICULAR PARCEL OF LAND DIDN'T LINE UP WITH THE TIMING WITH THE REST OF THE BIG PROJECT, SO IT'S JUST A TIMING ISSUE. FULLY SUPPORT THIS AND WOULD APPRECIATE THE SUPPORT OF THE REST OF THE COMMITTEE. THANK YOU. THANK YOU. ANY OTHER QUESTIONS? I DON'T HAVE ANYBODY IN THE QUEUE. MISTER CHAIR, I WOULD LIKE TO MAKE A COMMENT.

YES, COUNCILWOMAN. PARISH. RIGHT. THANK YOU. I WANT TO HONOR THE LEADERSHIP OF COUNCILMAN HUDSON. I DO WANT TO SAY THAT MY OFFICE RECEIVED TWO EMAILS IN OPPOSED TO THIS. WAS THERE ANYTHING THAT REALLY RESONATED WITH COMMUNITY THAT WE SHOULD KNOW ABOUT? OR IS THERE ANY, YOU KNOW, HAVE YOU HEARD FROM ANYONE IN OPPOSITION FROM THE COMMUNITY? I JUST WANT TO HONOR THAT. THOSE FOLKS REACHED OUT AND ASKED US TO NOT SUPPORT THIS. YEAH. YEAH. I'LL RESPOND.

COUNCILMAN HUDSON. YEAH, I, I HAVE I DON'T KNOW OF ANY PROJECT THAT THERE'S NOT ALWAYS SOME OPPOSITION TO. BUT THIS PARTICULAR PROJECT BEING RIGHT ON THE CORNER, THE NORTHWEST CORNER OF THE MUCH LARGER PROJECT. MOST OF THE PUSHBACK I HAVE SEEN IS THE TREE PRESERVATION. THIS PROJECT MEETS THE CONFORMANCE OF THE TREE PRESERVATION. OTHER THAN THAT, I'M NOT AWARE OF ANY. THANK YOU. THANK YOU. ANY OTHER QUESTIONS, COUNCILMAN? COUNCILWOMAN. RUBY.

THANK YOU. I NOTICE A THING ABOUT THE WETLANDS ON THERE, BUT THEN I SEE A WETLANDS DETERMINATION LETTER THAT SAYS THERE IS NO SIGNIFICANT WETLANDS. CAN YOU SHOW ME A LITTLE CLOSER OR SOMETHING? WHAT THEY WERE TALKING ABOUT IN THERE THAT YOU'RE PRESERVING? WHILE STAFF'S TAKING A LOOK, I THINK I CAN BRIEFLY ADDRESS SORT OF THIS GENERALLY. TRAVIS ASSISTANT COUNTY ATTORNEY. SO THAT LETTER THAT'S IN THE RECORD INDICATES THAT THERE AREN'T ANY JURISDICTIONAL WETLANDS ON SITE. SOMETIMES THEY'RE SORT OF LOCALLY REFERRED TO WETLANDS THAT DON'T TECHNICALLY MEET THE ACTUAL DEFINITION FOR PRESERVATION PURPOSES. IT LOOKS TO ME LIKE THAT'S PROBABLY WHAT WENT ON HERE, BECAUSE I'M NOT SEEING ANYTHING ON THE ON THE

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OKAY. THANK YOU. AND THERE WERE SOME AREAS ON THE ON THE MAIN PLAN. THERE WERE A COUPLE OF DIFFERENT WETLAND AREAS THAT WERE IDENTIFIED. AND THEY'RE EITHER GOING TO BE MITIGATED OR PRESERVED ON THAT PLAN, BUT YET NOTHING ON THIS SITE, NOTHING SIGNIFICANT. THANK YOU. MR. CHAIR, I HAVE A CORRECTION. COUNCILWOMAN PARISH. RIGHT. YES. I JUST WANTED TO MAKE SURE THAT COUNCILMAN HUDSON KNEW THAT. NOTE THAT THE EMAILS I GOT WAS FOR THE ONE IN COUNCILMAN VACHON'S DISTRICT, SO I APOLOGIZE. I HAVE MY LEGISLATIVE AIDE. JUST LET ME KNOW THAT THOSE WERE THE ONES. SO I JUST WANT TO SAY I HAVE NOT RECEIVED ANY OPPOSITION FOR YOUR PROJECT.

THANK YOU. THANK YOU. ANYONE ELSE WITH QUESTIONS? WITH NO FURTHER QUESTIONS. THIS IS AN ORDINANCE REQUIRING A ROLL CALL VOTE. COUNCIL MEMBER. PARISH. RIGHT. YES. VOTING IS CLOSING.

SHERIFF. EIGHT. YES. VOTES. WITH EIGHT YES VOTES. THIS PASSES AND WILL BE FORWARDED TO OLD BUSINESS. NEXT PIECE OF BUSINESS IS NUMBER 40001425. AN ORDINANCE RELATING TO THE ZONING OF

[4. O-014-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 11800 AND 11806 EAST ORELL ROAD CONTAINING APPROXIMATELY 1.64 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0100). Action Required By February 21, 2025 **Council Member Crystal Bast (R-14) can vote on this zoning change** Sponsors: Markus Winkler (D-17) ]

THERE WAS A REQUEST FOR A CHANGE IN ZONING FROM R4 TO C1. COMMERCIAL WITH A DISTRICT DEVELOPMENT PLAN WITH BINDING ELEMENTS. THE CASE IS INVOLVES TWO UNDEVELOPED PARCELS WITH A PROPOSAL FOR A MCDONALD'S RESTAURANT WITH A DRIVE THRU. THIS IS THE APPLICANT'S DEVELOPMENT PLAN, SHOWING ACCESS OFF OF DIXIE HIGHWAY AS WELL AS FLOWER VEIL LANE. THESE ARE THE ELEVATIONS THAT WERE PROVIDED. THIS IS THE SUBJECT PROPERTY. THIS IS ALONG DIXIE HIGHWAY. AND THEN FLOWER VALE AND EAST RAIL HERE. ADJACENT PROPERTIES. THIS IS ACROSS FLOWER VALE AND THEN NONRESIDENTIAL ACROSS DIXIE HIGHWAY. RESIDENTIAL ACROSS EAST RAIL. AND THEN THERE'S ALSO RESIDENTIAL TO THE SOUTH ALONG EAST RAIL WHICH ARE THE ADJACENT PARCELS. THE APPLICANT HELD THEIR NEIGHBORHOOD MEETING ON JULY 24TH, 2020 FOR THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE. MEETING WAS HELD ON OCTOBER 24TH, 2020 FOR. THE PLANNING COMMISSION HELD ITS PUBLIC HEARING ON NOVEMBER 21ST, 2024, WITH A MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM R4 TO C1 BY A VOTE OF 7 TO 0. ARE THERE ANY QUESTIONS? THANK YOU. THIS THIS PROJECT IS IN COUNCIL DISTRICT 14. WHICH IS COUNCILWOMAN BEST? COUNCILMAN BACON HAVE HAVE YOU SPOKEN TO COUNCILWOMAN BAT? YES, I'VE SPOKEN TO COUNCILWOMAN BASS A FEW MINUTES AGO, AND SHE HAS A FEW CONCERNS IN REGARDS TO SOME OF THE TRAFFIC STUDIES AND WHATNOT. SO I THINK WHAT WE NEED TO DO, OBVIOUSLY, AS I AND PRO DEVELOPMENT, WE NEED TO SEE STRUCTURES AND DEVELOPMENT HAPPENING SOUTH OF DIXIE HIGHWAY. I'M GOING TO IN FAVOR WITH HER MOTION TO TABLE THIS SO SHE CAN DO SOME DIGGING ON THIS AND SEE WHAT WE CAN DO IN REGARDS TO MAKING SURE THE TRAFFIC PATTERN AND INCREASED TRAFFIC THAT'S GOING TO HAPPEN THERE ON FLIER VILLE ROAD IS

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AND IT'S ALREADY A HEAVILY TRAFFICKED AREA WITH TWO LANE, TWO LANE ROAD THERE. SO I'M GOING TO DEFER AND MAKE THE MOTION TO TABLE ON THIS ONE. SO SHE CAN GET SOME DIGGING DONE ON THAT AND UNDERSTAND THE PROCESS A LITTLE BIT BETTER. DO WE HAVE A SECOND FOR THAT MOTION.

SECOND. PROPERLY SECONDED. WE NEED TO VOTE ON THE TABLING. DO WE DO WE CAN DO A VOICE VOTE ON THE TABLE. SO ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED. SO THE AYES HAVE IT. SO THIS WILL BE TABLED. CHAIR. YEAH. CAN I ASK WHAT THE TIMELINE IS ON THIS PARTICULAR ONE. SO WE CAN EXPEDITE THE PROCESS AND MAKE SURE THAT WE'RE MOVE THIS FORWARD. NEXT MEETING ONE WAY OR THE OTHER. SO YEAH. SO ACTION IS REQUIRED BY FEBRUARY 21ST. SO WE HAVE SOME TIME. SO THIS WILL COME UP AT OUR AT OUR NEXT COMMITTEE MEETING. SOUNDS GOOD. THANK YOU. THANKS. ALL RIGHT.

NEXT ITEM OF BUSINESS IS NUMBER FIVE. 00-01525. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 6101 TO 6107 SOUTHSIDE DRIVE, 101 TO 111 STEEDLY DRIVE AND 6312. R JOY

[5. O-015-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 6101-6107 SOUTHSIDE DRIVE, 101-111 STEEDLY DRIVE AND 6312 R KENJOY DRIVE CONTAINING APPROXIMATELY 11.78 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0101). Action Required By February 21, 2025 Sponsors: Markus Winkler (D-17) ]

ZONE 0101. FABRICATED METALS EXPANSION. THIS IS LOCATED IN COUNCIL DISTRICT 25 WITH ADDRESSES ALONG SOUTHSIDE DRIVE. STEEDLY DRIVE AND KENDALL DRIVE. IT'S LOCATED IN THE SUBURBAN WORKPLACE FORUM DISTRICT. THE EXISTING USE OR THE EXISTING? WELL, THERE'S NOT REALLY AN EXISTING USE ON THIS RIGHT NOW, BUT COMMERCIAL ZONING IS A EXISTING. IT'S PROPOSED FOR INDUSTRIAL. THE EXISTING ZONING IS C2 IN THE SUBURBAN WORKPLACE FORUM DISTRICT, WITH A PROPOSAL FOR M3. THE REQUEST WAS A CHANGE IN ZONING FROM C TWO COMMERCIAL TO M3 INDUSTRIAL, AND A DISTRICT DEVELOPMENT PLAN. SO THERE'S EIGHT CONTIGUOUS PARCELS. THIS NONE OF THE STRUCTURES ARE PROPOSED TO BE PRESERVED. THE PROPOSALS FOR A MANUFACTURING STRUCTURE. THERE WAS A PREVIOUS CASE ON THE SITE, 21 00161, WHICH REZONE THE SITE FROM R4 TO C2 FOR CONTRACTOR SHOPS AND RETAIL. THIS IS THE APPLICANT'S DEVELOPMENT PLAN. HIGHLIGHTED IS THE PORTION THAT IS PROPOSED TO BE REZONED FROM COMMERCIAL TO INDUSTRIAL. THESE ARE THE ELEVATIONS PROVIDED BY THE APPLICANT. THIS IS A SUBJECT PROPERTY CURRENTLY AND THEN THE ADJACENT PROPERTY. WE HAVE THE FORMER NAVAL ORDNANCE PROPERTY AND THEN THERE'S RESIDENTIAL ACROSS SOUTHSIDE DRIVE. THERE'S RESIDENTIAL ACROSS STEEDLY DRIVE AND THEN INDUSTRIAL ALONG. ENJOY. THE APPLICANT HELD THEIR NEIGHBORHOOD MEETING ON JULY 24TH, 2024 WITH THE LAND DEVELOPMENT AND TRANSPORTATION COMMITTEE MEETING ON OCTOBER 24TH, 2024. THE PLANNING COMMISSION HELD ITS PUBLIC HEARING ON NOVEMBER 21ST, 2024. THERE WAS A MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM C2 TO M3, BY A VOTE OF 6 TO 1. ARE THERE ANY QUESTIONS? THANK YOU. WE'LL START WITH THIS IS IN COUNCIL DISTRICT 25. SO WE'LL START WITH COUNCILMAN BACHON. YEAH. THANK YOU, MR. CHAIR. A COUPLE OF THINGS I WANT TO TOUCH ON HERE. FIRST, MY FIRST QUESTION IS, WHAT WAS THE NO VOTE? CAN YOU TELL ME WHAT? WHAT THE. I WAS LOOKING FOR IT IN THE MINUTES. I COULDN'T FIND IT. WHAT EXACTLY WAS THE NO VOTE? THE NO VOTE WAS FROM THE CHAIR. WHO THOUGHT THAT C2 WAS MORE APPROPRIATE FOR THE SITE. OKAY. IN REGARDS TO THE PROCESS, I'M GOING TO TOUCH ON A COUPLE OF DIFFERENT THINGS HERE, IF THAT'S OKAY. BUT IN REGARDS TO THE PROCESS, GOING BACK IN AND LOOKING AT SOME OF THE VIDEOS AND LISTENING TO SOME OF THE CONCERNS OF THE OF THE TWO OPPOSITIONS ON RECORD. WE HAD NO SPANISH SPEAKER. MODERATOR THERE TO INTERPRET. SOME OF THOSE INDIVIDUALS THAT LIVE IN THAT COMMUNITY. WHO ARE OF DIFFERENT LANGUAGES AND DESCENTS AND, AND DON'T SPEAK THAT WELL OF ENGLISH. SO WE NEED TO MAKE SURE, I THINK ON THE PROCESS SIDE TO COVER THAT, MAKING SURE THAT WE ARE HEARING THE VOICES OF THOSE WHO DO NOT SPEAK ENGLISH. RIGHT. I TALKED TO TRAVIS AND IN REGARDS TO SOME POSSIBLE BINDING ELEMENTS. I

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THEY EMPLOY 250 PEOPLE ON THE 18 ACRES THAT THEY'RE CURRENTLY. THEY'RE RIGHT ACROSS THE STREET FROM KIM-JOY. THEY EMPLOY OF THOSE 250. 22 DIFFERENT LANGUAGES FROM 18 DIFFERENT COUNTRIES THAT COME FROM THAT COMMUNITY. 45% OF THEIR EMPLOYMENT BASE COME WITHIN FIVE MILES OF THAT FACTORY. 28% OF THEM LIVE WITHIN THE 400 214 ZIP CODE. I HAVE MY BIGGEST MY BIGGEST POINT HERE I THINK I WANT TO MAKE IS WE HAVE TWO ON THE RECORD IN OPPOSITION AT THE PLANNING HEARING, AND WE VALUE AND APPRECIATE THEIR INPUT AND THEIR COMMUNITY ADVOCACY. BUT MY ISSUE IS IN THE 11TH HOUR, WE GET 45 EMAILS IN OPPOSITION TO THIS. WHEN WE HAVE THE NEIGHBORHOOD MEETINGS FOR A REASON. I WANT TO HEAR EVERY VOICE, AND I WANT TO HEAR EVERY OPPOSITION WITH FACTS. BUT IT'S HARD FOR ME TO SAY NO TO THIS WHEN THE EXISTENCE OF THIS ORGANIZATION, THIS COMPANY IS PROVIDING A SERVICE AND A POSITIVE NET INCOME DEVELOPMENT FOR THIS COMMUNITY. AND I'LL LEAVE IT AT THAT RIGHT NOW. AND IF THERE'S ANY OTHER OPPOSITION, I'M HAPPY TO ANSWER SOME QUESTIONS OR, OR TOUCH ON THOSE POINTS. BUT TRAVIS, I THINK WE TALKED ABOUT A LITTLE BIT IN REGARDS TO MAYBE ADDING SOME BINDING ELEMENTS IN REGARDS TO HAZARDOUS MATERIALS BEING USED ON THE SITE. AND ADDRESSING THOSE ISSUES, AS I LOOKED AT THE LDC FOR M3. I WOULD ALSO LIKE TO POINT OUT MAYBE ADDING NO ADULT ENTERTAINMENT. NO STORAGE OF COAL AND GAS. AND I GUESS YOU AND I CAN KIND OF GO THROUGH THAT LANGUAGE BETWEEN NOW AND THE NEXT COUNCIL MEETING, BUT LADIES AND GENTLEMEN, I LOOK FOR YOUR SUPPORT IN REGARDS TO THIS IS A POSITIVE OUTCOME FOR THE COMMUNITY. THIS IS PUTTING 40 PLUS PEOPLE ADDITIONAL TO WORK FROM THAT COMMUNITY THAT IS IN POVERTY, THAT ARE HIGH PAYING JOBS. I THINK WE NEED TO LOOK AT THIS IN THAT, IN THAT MANNER. THANK YOU. COUNCILMAN. COUNCILMAN. COUNCILWOMAN. RUBY.

THANK YOU VERY MUCH. THANK YOU FOR NOTING ALL THE DIVERSITY IN THE COMMUNITY AND THE DIVERSITY THERE AT THE EMPLOYER. I'M REALLY HAPPY TO SEE THAT. A LITTLE BACK STORY. WHEN THAT AREA WAS ZONED TO C2 COMMERCIAL, I ACTUALLY SPOKE AT THAT ZONING HEARING. AND THE MAIN ARGUMENT THAT WE HAD AT THAT POINT WAS WE DIDN'T WANT ADDITIONAL TRUCK TRAFFIC COMING THROUGH THE COMMUNITY BECAUSE DESPITE ANYTHING THAT ANYBODY DOES, THE TRUCKS ARE GOING TO COME TO WHERE THE TRUCKS ARE GOING TO COME, AND IT'S BASICALLY ON GOOGLE MAPS, AND GOOGLE MAPS IS SAYING TO COME DOWN SOUTH, DOWN SECOND STREET, DOWN SOUTH SIDE DRIVE, AND THAT'S THROUGH RESIDENTIAL AREAS, AND THEN IT'S GOING TO TURN, IT'S GOING TO GO ONTO STEELE AND JOY, WHICH ONCE AGAIN IS RESIDENTIAL AREAS. SO IT'S GOING TO HAVE A SIGNIFICANT IMPACT ON THE PEOPLE WHO LIVE THERE IN THAT COMMUNITY. OUR ROADS WERE NEVER BUILT TO WITHSTAND THE HEAVY TRUCK TRAFFIC THAT COMES THROUGH THERE DAY AFTER DAY. THE NEIGHBORS HOMES WERE NOT BUILT FOR THAT.

IN ADDITION, THIS DEVELOPMENT, THE WAY IT'S PROPOSED, IS HUGE, AND IT'S GOING TO BE RIGHT ACROSS THE STREET FROM MY CONSTITUENTS, WHO ARE LARGELY SPANISH SPEAKING. IT'S GOING TO BE NEXT DOOR TO A VIETNAMESE CONVENT. AND THESE FOLKS KNOW THEY DIDN'T SHOW UP AT THE COMMUNITY MEETING BECAUSE I'M SURE THEY SAW A SIGN POSTED THERE AND GO, I DON'T EVEN KNOW WHAT THAT SAYS OR WHAT IT MEANS. SO MY CONSTITUENTS ARE ASKING THAT IT BE TABLED, OR ACTUALLY MY CONSTITUENTS ARE ASKING TO BE KILLED. I REALIZE GIVEN THE SIGNIFICANT DEVELOPMENT THAT IS IN THIS, I DO ASK THAT IT BE TABLED AND THAT WE BE ABLE TO TALK TO THE DEVELOPER AND SEE WHAT ELSE WE CAN DO TO MITIGATE THE IMPACT ON THE COMMUNITY, BECAUSE THESE FOLKS WITH THE HEAVY INDUSTRY NEAR THEM, IT AFFECTS THE QUALITY OF LIFE IN THAT NEIGHBORHOOD AND ANYTHING WE CAN DO TO IMPROVE THE QUALITY OF LIFE FOR THOSE NEIGHBORS. I THINK WE NEED TO FOCUS ON THAT.

SO I AM ASKING RIGHT NOW THAT WE TABLE THIS. I'VE SPOKEN TO TRAVIS, AND TRAVIS SAYS WE HAVE

[00:35:04]

COUNCIL MEMBER. PARISH. RIGHT. YES. TO TABLE IT. CHAIR. YOU'VE GOT FIVE NO VOTES AND THREE YES VOTES. SO THE MOTION TO TABLE HAS FAILED. SO DO WE HAVE ADDITIONAL QUESTIONS OR COMMENTS? I WILL JUST FOR A SECOND. WHAT WHAT DO WE DO IN GENERAL? IT DOES SOUND LIKE WE NEED TO DO A BETTER JOB OF DETERMINING WHO OUR AUDIENCE IS. AND IF THAT AUDIENCE IS SPEAKS A DIFFERENT LANGUAGE, IT IT WOULD BE HELPFUL TO KNOW THAT GOING IN TO SOME OF THESE, YOU KNOW, NEIGHBORHOOD MEETINGS SO WE CAN MAKE SURE THAT THERE'S THERE ARE THINGS THAT AREN'T LOST IN TRANSLATION. HOW DO WE DO? HOW DO WE DO THAT NOW TO TRY TO ENSURE THAT WE'RE REACHING EVERYONE FROM A LANGUAGE, CULTURAL AND LANGUAGE STANDPOINT? YEAH. BRIAN DAVIS, OFFICE OF PLANNING. SO WHEN WE'RE MADE AWARE OF THIS, WE DO TRY TO REACH OUT AS MUCH AS POSSIBLE. WE'VE HAD SOME CASES RECENTLY WHERE, YOU KNOW, FOR EXAMPLE, WE KNOW THAT THERE WAS A LARGE HISPANIC POPULATION. AND SO IN THAT CASE, WE SENT NOTICES OUT IN SPANISH. AND THEN WE MADE SURE THAT WE HAD INTERPRETERS PRESENT AT OUR HEARING. SO, YOU KNOW, WHEN WE WHEN WE KNOW WE DO MAKE EFFORTS TO, TO WORK WITH EITHER THE COUNCIL REPRESENTATIVES OR, YOU KNOW, WITH AMOS TO, TO HELP IDENTIFY THOSE POPULATIONS. AND YOU KNOW, HOW BEST WE CAN COMMUNICATE WHAT'S GOING ON AND WHAT THE REQUESTS ARE AND THINGS LIKE THAT. NOW, IN THIS PARTICULAR SITUATION, WE IT'S KIND OF UNIQUE BECAUSE WE WERE AT THE HEARING. AND THE PERSON WHO WANTED TO SPEAK WAS ACTUALLY IN WEBEX. AND SO THEY, THEY WEREN'T PRESENT LIKE PHYSICALLY ON THE SITE. AND SO THEY HAD REACHED OUT TO I THINK YOU WERE RUNNING THE MEETING. RIGHT. YOU WANT TO TALK ABOUT THAT A LITTLE BIT? RIGHT. SO I WAS HOSTING THE MEETING AND SO I WAS ABLE TO COMMUNICATE WITH THEM THROUGH GOOGLE TRANSLATE. AND, YOU KNOW, NOT THE BEST OBVIOUSLY, BUT WE WERE ABLE TO COMMUNICATE WITH EACH OTHER. SO I WAS ABLE TO CUT AND PASTE AND PUT IN GOOGLE TRANSLATE TO IDENTIFY WHAT THEIR CONCERNS WERE. AND THEY WERE AN ADJACENT PROPERTY OWNER, LIKE, DIRECTLY ADJACENT. BUT BECAUSE OF SWEARING IN AND. THE NOT BEING, YOU KNOW, NOT JUST PUTTING ALL OUR FAITH IN GOOGLE TRANSLATE TO MAKE SURE THAT, YOU KNOW, THERE WAS SOME JUST, YOU KNOW, IT'S NOT GOING TO BE PERFECT. AND WE WANTED TO MAKE SURE THAT WHATEVER THEY WERE SAYING GOT TRANSLATED PROPERLY, NOT NECESSARILY THROUGH GOOGLE TRANSLATE. AND SO THE CHAIR DID SAID THAT WE CANNOT ACCEPT THEIR, YOU KNOW, LIKE THIS COMMUNICATION THROUGH WEBEX AND IN GENERAL, YOU KNOW, WEBEX COMMUNICATION IS NOT PART OF THE RECORD. BUT WE ATTEMPTED TO SEE IF THERE COULD BE SOME SOMETHING THAT WE COULD DO TO ACCOMMODATE THIS PERSON. BUT THE CHAIR, IN SPEAKING WITH THE COUNTY ATTORNEY AT THE TIME, DID NOT ENTERTAIN THAT BECAUSE OF THE.

INEFFICIENCY OF GOOGLE TRANSLATE. SO THERE'S TWO POINTS HERE. ONE, I GUESS, HOW DO WE NORMALLY WHO NORMALLY FLAGS YOU GUYS TO THIS LIKE TO THIS NEED? AND HOW DO WE MAKE THAT FLAGGING OF WHO THE POPULATION IS MORE CONSISTENT. RIGHT. WHO NORMALLY FLAGS YOU? I MEAN A LOT OF TIMES WE'LL HEAR FROM LIKE, ESPECIALLY IF IT'S AN APPLICANT WHO IS REQUESTING SOME SORT OF TRANSLATION SERVICES AT THE HEARING, THEN THEY'LL REACH OUT TO US AND THEN WE'LL GO THROUGH CATHOLIC SERVICES, WHICH IS THE CITY WORKS WITH, TO MAKE SURE THAT WE HAVE A TRANSLATOR ON

[00:40:04]

WHAT KIND OF WORK DO THEY DO EXACTLY? DO WE KNOW THAT THERE'S A THERE'S A THERE'S A IT'S ON THE POWERPOINT. THEY DID THEY BUILT CABINETS. SO LIKE LGA CABINETS LIKE FOR THE POWER SUPPLY BOXES, AT&T CABINETS THAT YOU KNOW RUN THOSE. SO IT'S WELL IS IT WELDING AND SOME WELDING AND SOME JUST FABRICATED METAL METAL CABINETS. YEAH. OKAY. I KNOW IT WAS ON THE POWERPOINT.

YEAH. OKAY. SO I WANTED TO JUST WEIGH IN ON THIS BECAUSE A LOT OF PEOPLE HAVE REACHED OUT SPECIFICALLY TO MY OFFICE BECAUSE THEY'RE THEY'RE EQUATING HAVING INDUSTRIAL NEXT TO RESIDENTIAL TO THE EXPLOSION THAT HAPPENED IN MY DISTRICT AT THE END OF LAST YEAR. AND I CERTAINLY UNDERSTAND, YOU KNOW, WHY THEY WOULD MAKE THAT CONNECTION. I THINK I THINK SPECIFICALLY THE KIND OF WORK THAT'S DONE HERE, COMPARED TO THE WORK THAT WAS DONE AT JAIVARDHAN IS, IS VERY, VERY DIFFERENT. JAIVARDHAN COOKS WITH HIGH PRESSURE COOKERS THAT HAVE THE POTENTIAL TO FRANKLY, EXPLODE. AND METAL FABRICATION IS NOT NEARLY THAT INTENSE OF A USE. SO. SO AS IT RELATES TO THIS USE, I WOULD AND IN ITS EXPANSION AND EXPANSION, AND IT'S A BASICALLY A PIECE OF THE ENORMOUS INDUSTRIAL COMPLEX AROUND NAVAL ORDNANCE, ALL THAT I WOULD BE, YOU KNOW, INCLINED TO I MEAN, IT SOUNDS LIKE A GREAT THING, BUT I JUST WANTED TO BRING THAT TO PEOPLE'S ATTENTION BECAUSE PEOPLE HAVE REACHED OUT TO ME SPECIFICALLY AS IT RELATES TO JAIVARDHAN AND TO ME, IT JUST FEELS A LITTLE BIT DIFFERENT. SO I JUST WANTED TO SAY THAT FOR THE RECORD, COUNCILMEMBER VACHON, DO YOU STILL HAVE? YEAH. THANK YOU.

CHAIR. THANKS FOR YOUR, YOUR YOUR FEEDBACK THERE AND I AND I AND I THINK THAT'S ONE OF THE BIGGEST CONCERNS THAT WE'RE FACING WITH SOME OF THE OPPOSITION. AND I CAN RELATE TO THAT. I CAN APPRECIATE THE CONCERNS. BUT LET'S NOT MISS THE, THE POINT HERE. RIGHT.

WE'RE CREATING 40 PLUS NEW JOBS IN THIS PARTICULAR LOCATION. THEY'RE LOOKING AT ANOTHER LOCATION AS WELL IN JEFFERSON COUNTY TO BUILD ANOTHER PART OF THEIR EXPANSION PROJECT. THIS IS A $20 MILLION INVESTMENT INTO THE COMMUNITY. THAT'S HUGE FOR A COMMUNITY THAT IS SO DIVERSE AND WITH FULL OF REFUGEES AND JUST SO MANY DIFFERENT AREAS OF POVERTY, THAT THIS CAN CREATE SOME GENERATIONAL WEALTH IN THAT COMMUNITY BECAUSE THEY'RE HIRING FROM IN THE COMMUNITY THAT ARE GOING TO BUY THOSE HOMES, THEY'RE GOING TO INVEST IN THAT AREA. AS BAD AS WE WOULD LIKE TO SEE RESIDENTIAL AND, AND, YOU KNOW, A RESIDENTIAL NEIGHBORHOOD THERE AND SO ON AND SO FORTH.

LET'S NOT LET'S NOT FALL SHORT OF THAT'S AT THE NAVAL ORDNANCE SITE. AND THE ENVIRONMENTAL CONCERNS WITH THAT LAND. FROM OVER THE YEARS. AND, AND THIS COMPANY IS, IS MITIGATING THOSE,

[00:45:02]

SECOND PART IS IN REGARDS TO THE PROCESS, COUNCILMAN OWEN ALLUDED TO THIS A SOMEWHAT, BUT HOW CAN WE DO BETTER AS A CITY, AS A PLANNING COMMISSION, AS A PLANNING STAFF, IN REGARDS TO MAYBE ALLOWING THE WEBEX TO BE ON RECORD WITH SOME TYPE OF METRICS OR, OR WHAT DO WE NEED TO DO TO MAKE THAT HAPPEN? I REALLY APPRECIATE BRIAN DAVIS'S COMMENT IN REGARDS TO REACHING OUT TO THE COUNCIL MEMBERS BEFOREHAND TO SEE WHAT THE DEMOGRAPHICS OF THE NEIGHBORHOOD IS, AND I THINK WE SHOULD MOVE ON THAT NOW. RIGHT. BUT TO THE POINT, LET'S HOW DO WE MAKE SURE THAT THESE FOLKS ARE BEING HEARD ON THE RECORD WITH THE PROPER TRANSLATION? I THINK THAT MIGHT BE A GOOD QUESTION FOR THE COUNTY ATTORNEY. SO WE'VE BEEN WORKING WITH THEM, YOU KNOW, LIKE ON THE FLY AT THE MEETING AND TO SEE WHAT WE CAN DO. WE KNOW THAT GOOGLE TRANSLATE DOES WORK, BUT IT'S NOT EXACT. SO I DON'T KNOW IF YOU WANT TO WEIGH IN ON THAT, TRAVIS. SURE. I THINK PART OF THE PROBLEM HERE, TOO, IS, IS SETTING ASIDE THE TRANSLATION ISSUE FOR A MOMENT.

PLANNING COMMISSION, BOARD OF ZONING ADJUSTMENT, LANDMARKS COMMISSION, ANYONE? ANY BOARD THAT I'M AWARE OF IN METRO THAT CURRENTLY ALLOWS A VIDEO PARTICIPATORY OPTION FOR THE PUBLIC. DOESN'T CONSIDER CHAT TO BE A BENEFICIAL PART OF THE RECORD, AND THERE ARE SOME GOOD REASONS FOR THAT. I MEAN, SOMEONE COULD TYPE A WHOLE NOVEL IN THE CHAT AND THEN WHAT DO YOU DO? SIT THERE AND READ IT OUT. SO EVERY COMMISSIONER AND THE AUDIENCE CAN HEAR AND REACT TO IT. THERE COULD BE ALL SORTS OF EXPLETIVES, ETC, SO THAT THE CHAT HAS NOT HISTORICALLY BEEN CONSIDERED PART OF THE RECORD. THERE'S ALSO THE SWEARING IN, RIGHT? I CAN SEND A CHAT WITHOUT EVER HAVING TO RAISE MY RIGHT HAND AND TAKE AN OATH TO TELL THE TRUTH, ETC. SO THAT IS A THRESHOLD ISSUE HERE. AND ALLOWING CHAT TO BE PART OF THE RECORD, IF IT'S IN ANOTHER LANGUAGE SEEMS STRANGE. PEOPLE CAN JUST TRANSLATE THEIR OWN COMMENTS THAT THEY DON'T WANT TO GET SWORN IN FOR AND TO WHATEVER LANGUAGE THEY WANT, AND THEN WE HAVE TO BACK REVERSE TRANSLATE THEM AND READ IT IN. SO THERE'S A THERE'S A BURDEN THERE. I DO THINK STAFF DOES A GOOD JOB OF, OF DOING THEIR BEST TO FIND TRANSLATORS WHEN THEY DO HAVE NOTICE. THERE ARE SOME INDIVIDUALS OF STAFF WHO ARE MULTILINGUAL WHO HAVE OCCASIONALLY STEPPED IN ON SHORT NOTICE, BUT THOSE FOLKS CANNOT BE EXPECTED TO BE AT EVERY MEETING. YOU DON'T KNOW WHO'S SPEAKING, WHAT LANGUAGE EXACTLY IS GOING TO SHOW UP AT ANY GIVEN MEETING. SO I SHORT OF HAVING SOME SORT OF METRO TRANSLATION OFFICE THAT HAS A EXTENSIVE STAFF OF MULTILINGUAL INDIVIDUALS THAT ARE AVAILABLE AT A MOMENT'S NOTICE, WE ARE GOING TO FALL SHORT HERE IN IN SOME CASES, UNFORTUNATELY. SO IT IS A PIECE ABOUT NOTICE ABOUT US TRYING TO GET EARLY CONTACT LIKE LIKE JULIA AND BRIAN ALLUDED TO. SOMETIMES DEVELOPERS DO LET US KNOW THAT THERE'S A LARGE POPULATION OF A GIVEN LANGUAGE, SO THAT WE DO HAVE THAT HEADS UP. SOMETIMES STAFF IS JUST GENERALLY AWARE, BUT YOU KNOW, YOU MAY HAVE SOMEONE WHO SPEAKS RUSSIAN, WHO HAPPENS TO OWN A SINGLE LOT RIGHT NEXT TO A PROPERTY. AND UNLESS THEY REACH OUT AHEAD OF TIME, WE CAN'T GO DOOR TO DOOR AND SAY, HEY, YOU KNOW, DO ANY OF YOU NEED ANY SORT OF TRANSLATION SERVICES DAY OF. SO THERE ARE SOME ISSUES HERE. BUT BUT AS YOU JUST SAW RECENTLY IN THE. IN THE CASE WITH THE TRAILER PARK, YOU KNOW, WHEN WE DO HAVE NOTICE, WE CAN TAKE AFFIRMATIVE STEPS TO, TO ADAPT TO THE SITUATIONS. THANK YOU TRAVIS. WITH THAT BEING SAID, THOUGH, IN GENERALLY THOUGH GENERALLY, LET'S SAY THE CHAT IS NOT ON THE RECORD, BUT IF THEY WERE VIDEOED IN AND IS THAT A PART OF THE RECORD? CERTAINLY. SO THE INDIVIDUALS WOULD VIDEO IN AND, YOU KNOW, TAKE THE OATH AND SPEAK, ETC. LIKE I SAID, CHAT JUST HAS SOME SOME ADDITIONAL ISSUES WITH IT.

OKAY. WHERE DO YOU FEEL THAT WE ARE? DO YOU FEEL THAT WE CAN BE OPTIMISTIC IN REGARDS TO ADDING THOSE BINDING ELEMENTS BETWEEN NOW AND THE NEXT COUNCIL MEETING? SURE. I MEAN, WE'LL HAVE TO REACH OUT TO THE DEVELOPER AND SEE WHAT THEY'RE WILLING TO AGREE TO. I, YOU KNOW, HAZARDOUS MATERIALS IS NOT A NECESSARILY A DEFINED TERM HERE. SO WE'RE GONNA HAVE TO GO THROUGH WHAT WE MIGHT WANT TO FIND OUT AS FAR AS THE LIST OF USES, WE CAN WORK WITH YOUR OFFICES AND SEE SOME APPLICANTS ARE REALLY WILLING TO BIND OUT USES AND SAY, NOPE, THIS IS MY PLAN. I DON'T REALLY CARE ABOUT THE OTHER ONES. SOME ARE VERY HESITANT BECAUSE THEY'RE WORRIED ABOUT THE FUTURE VALUE OF THE PROPERTY. SO I'LL SPEAK WITH THEM AND SEE. WE I THINK THERE IS ENOUGH TIME TO HAVE THOSE DISCUSSIONS AS TO WHETHER OR NOT THEY'LL ACCEPT THEM. I CAN'T SPECULATE, AND DO WE NEED TO GO AHEAD AND ADD THE BINDING ELEMENT THAT COUNCILWOMAN FLOOD USED TO ADD ON EVERY DEVELOPMENT? IS THIS ONE OF THOSE ONES WHERE WE NEED TO

[00:50:02]

YOUR CALL. I'D PROBABLY LIKE TO JUST GO AHEAD AND GET IT OUT OF THE WAY SO WE DON'T FORGET ABOUT IT. OKAY. TRAVIS, CAN I ASK BEFORE YOU? WOULD THAT STANDARD BINDING ELEMENT PREVENT. ONE OF THE QUESTIONS THAT I'VE RECEIVED IS M3 IS AN AWFULLY INTENSE INDUSTRIAL USE. AND IF THIS LEFT, THEN SOMETHING VERY, VERY INTENSE COULD GO THERE. WOULD THIS STANDARD BINDING ELEMENT THAT YOU'RE THAT WE'RE GETTING READY TO READ INTO THE RECORD. WOULD IT PREVENT THAT FROM HAPPENING WITHOUT IT COMING BACK TO US? THE ANSWER IS MAYBE UNFORTUNATELY. I MEAN, YOU KNOW, THE STANDARD BINDING ELEMENT COVERS A NUMBER OF SITUATIONS, RIGHT? IT'S LARGELY CHANGES TO PHYSICAL STRUCTURES, YOU KNOW, INCREASE IN SIZE, ETC. SO IF SOMEONE WAS PROPOSING TO EXPAND ON SITE, THEN THAT WOULD CERTAINLY CATCH IT. INCREASES IN DENSITY PROBABLY NOT RELEVANT.

BUT IF THERE WERE TO HAPPEN TO BE SOME RESIDENTIAL COMPONENT, ADDED CHANGES TO THE BINDING ELEMENTS THAT COULD BE RELEVANT, ESPECIALLY IF WE HAVE SOME USES BOUND OUT IN SOME FUTURE. USER WANTED TO PURSUE ONE OF THOSE THAT WOULD KICK IT TO COUNCIL. AS FAR AS A CHANGE IN USE THAT DIRECTLY OR INDIRECTLY REQUIRES A PUBLIC HEARING. THAT ONE'S A LITTLE BIT TRICKIER. IF SOMEONE CAN COME IN AND JUST USE THIS WAREHOUSE AS IS, AND THEY DON'T NEED A WAIVER OR A VARIANCE OR A CUP OR ANYTHING, THAT PROBABLY WOULDN'T BE CAPTURED. SO IT'S GOING TO BE REALLY DEPENDENT ON THE ON THE APPLICANT. SO THERE WOULD BE SOME PIECES THAT WOULD STILL REQUIRE A WAIVER OR A CUP OR SOME KIND OF VARIANCE. YEAH. THEORETICALLY THERE COULD BE SOME. YEAH. OKAY. THANK YOU.

YOU'RE WELCOME. THIS WOULD BECOME BINDING ELEMENT NUMBER 11. AND IT WOULD READ AS FOLLOWS. ANY SIGNIFICANT INCREASES 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 A 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. SO THAT'S AN AMENDMENT REQUIRING A VOICE VOTE. OH, CAN I GET A MOTION IN A SECOND? PROPERLY MOVED AND SECONDED. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE? ALL THOSE AGAINST. SAY NAY. THE AYES HAVE IT. I HAVE COUNCILWOMAN RAYMOND IN THE QUEUE. YES. THANK YOU. THIS HAS BEEN A REALLY INTERESTING AND INFORMATIVE CONVERSATION AT MY FIRST MEETING. I WANTED TO ASK, I UNDERSTAND THAT THIS SITE AND I KNOW IT'S ALREADY IN PRODUCTION, BUT I UNDERSTAND THAT THIS SITE IS EITHER ACROSS THE STREET FROM OR VERY NEAR BY A CHILD CARE CENTER AS WELL AS A BALLPARK. AND I WANTED TO ASK, AND YOU STARTED TO TALK ABOUT THE ENVIRONMENTAL IMPACT. WHAT DOES THE COMPANY DO, OR WHAT WILL THE CITY DO TO ENSURE THAT AIR QUALITY, SOIL QUALITY ARE NOT MADE WORSE BY FUTURE USES OF THIS SITE? CHAIR. MAYOR. YES, COUNCILWOMAN. LET'S BE CLEAR HERE. GUYS, THANK YOU FOR YOUR YOUR COMMENTS. COUNCILWOMAN RAYMOND, THE BALLPARK IS ON THE NAVAL ORDNANCE SITE. OKAY. THAT IS PHYSICALLY ON THAT PROPERTY RIGHT IN FRONT OF THE NAVAL ORDNANCE. NAVY BASE, RIGHT IN FRONT OF BY ON THE SAME PROPERTY OF RAYTHEON. IT'S ALL ON THE SITE. SO IF WE'RE CONCERNED ABOUT THAT ENVIRONMENTAL IMPACT, THE BASEBALL FIELD IS LITERALLY ON THAT SITE. THIS ONE IS IN CONJUNCTION AND ADJACENT TO IT WITHIN A COUPLE HUNDRED YARDS. SO I'M MORE CONCERNED IF WE WERE GOING TO TALK CONCERNS ABOUT ENVIRONMENTAL OF THE BALL FIELD BEING ON THAT 99 YEAR LEASE WITH THE CITY ON THAT SITE VERSUS THIS ENVIRONMENTAL CONCERN. SO MY ENVIRONMENTAL CONCERNS, OBVIOUSLY THEY'RE THEY'RE THEY'RE SLIM, BUT THERE'S YOU'VE GOT MORE PROBLEMS ON THE SITE ITSELF THAN YOU DO WITH THIS SITE. IF THAT ANSWERS YOUR QUESTION. IT HELPS. THANK YOU.

OKAY. AND OF COURSE, WE KNOW THAT THINGS CAN BE NOT GREAT AND THEY CAN GET WORSE. RIGHT. THANK YOU. COUNCILWOMAN RUBY. THANK YOU. THANK YOU FOR THIS. THIS EXTENDED DISCUSSION ABOUT LANGUAGE ACCESS. SO THE CITY DOES HAVE A LANGUAGE ACCESS LINE. AND ARE YOU ALL AWARE OF THAT? YES. WE'RE AWARE. IT'S JUST IN A MOMENT'S NOTICE. AND IT ALSO JUST DEPENDS ON THE TIME. LIKE, LIKE BRIAN HAD ATTESTED, YOU KNOW, THIS WAS A LONGER MEETING AFTER FIVE. SO, YOU KNOW, I DON'T KNOW THAT WE WOULD NECESSARILY BE ABLE TO GET HOLD OF SOMEONE AFTER FIVE, YOU KNOW, BECAUSE IT'S NOT DURING REGULAR BUSINESS HOURS. BUT WE ARE AWARE AND USE AND HAVE BEEN

[00:55:01]

REALLY APPRECIATE IT BECAUSE THAT WAS DEFINITELY AN ISSUE THERE WITH SOMEBODY NOT BEING GIVEN THE OPPORTUNITY TO SPEAK BECAUSE OF THE BARRIER. SO I HOPE YOU REACH OUT TO THE OFFICE OF IMMIGRANT AFFAIRS AND GET FULL INSTRUCTION ON HOW TO DO THAT, BECAUSE IT SHOULD BE AVAILABLE. RIGHT? THANK YOU. COUNCILMAN BRADSHAW. I TAKE IT THAT WE'RE TALKING ABOUT THE NEIGHBORHOOD MEETING, RIGHT WHEN WE'RE TALKING ABOUT THE TRANSLATOR. WHY WOULDN'T THAT BE ON THE BURDEN OF THE PRESENTER THAT WAS AT THE PLANNING COMMISSION MEETING? I'M NOT SURE IF THERE WAS ANYBODY THAT HAD LANGUAGE ACCESS ISSUES AT THE NEIGHBORHOOD MEETING, BUT THIS WAS DURING THE PLANNING COMMISSION MEETING. OH, OKAY. DO WE HAVE ANY OTHER QUESTIONS HERE REGARDING THIS ONE? I DON'T I HAVE MY HAND UP. OH, YEP. COUNCILWOMAN PARISH. RIGHT.

THANK YOU. I KNOW IT'S HARD WHEN YOU'RE ONLINE. I TRIED TO RAISE MY HAND. ALSO, COUNCILMAN LINENGER HAS HIS UP, BUT I WANT TO THANK COUNCILMEMBER SEAN. I KNOW OUR UNSPOKEN AND UNSPOKEN RULES ARE TO. IF SOMETHING IS IN SOMEONE'S DISTRICT, YOU JUST USUALLY HONOR IT. THE ISSUES THAT CAME UP. I APPRECIATE YOU ACKNOWLEDGING THE LANGUAGE BARRIER, AND I APPRECIATE YOU ADDING THE BINDING ELEMENT. THE REASON WHY I SUPPORTED WHAT COUNCILWOMAN RUIZ SAID IS BECAUSE OF THERE WERE SOME THINGS THAT WAS MISSED. AND I DEFINITELY LOVE ANYTHING THAT GIVES US MORE LIVABLE WAGE JOBS AND THINGS LIKE THAT. SO JUST BECAUSE I'M GOING TO VOTE PRESENT BECAUSE OF THE I DON'T KNOW ENOUGH FROM THE FOLKS AROUND WHAT HAPPENED. AND I FEEL LIKE THIS IS WENT IN DIFFERENT DIRECTIONS. THAT TO ME SHOWS WHY IT SHOULD HAVE BEEN TABLED TO ANSWER MORE OF THESE QUESTIONS. BUT I WANT TO RESPECT ALL THE WORK THAT'S HAPPENED BEFORE FOR THIS. SO I JUST WANT TO THANK YOU FOR AT LEAST ADDING THE BINDING ELEMENTS, AND THEN ALSO ACKNOWLEDGING THAT THERE WAS SOME MISSED OPPORTUNITIES TO GET ALL OF THE INPUT FROM THE PEOPLE WHO, YOU KNOW, SUPPORTED AND DON'T. THANK YOU. THANK YOU, COUNCILMAN LEONARD. DO YOU STILL HAVE A COMMENT? YES. I JUST WANTED TO SAY THAT THERE WAS A QUESTION EARLIER ABOUT WHEN THIS WAS ORIGINALLY REZONED FROM RESIDENTIAL. THE IT HAPPENED THERE WAS A PLANNING AND ZONING MEETING ON OCTOBER 18TH OF 2022. PRIOR TO THAT, THE ORIGINAL REQUEST FOR THE PROPERTY HAD BEEN FOR THIS TO BE TO COME THAT THEY'D ORIGINALLY ASKED FOR CM AND THEY HAD BEEN AMENABLE TO CHANGING IT. THAT BACK TO C2 BEFORE IT WAS PASSED THROUGH THE METRO COUNCIL DUE TO RESIDENT CONCERNS. SO THAT WAS BACK, YOU KNOW, TWO AND A HALF YEARS AGO, IT HAD BEEN RAISED BEFORE AND THEN AMENDED TO C2 BASED ON RESIDENT CONCERNS. I JUST WANTED THAT IN THE RECORD. COUNCILMAN HUDSON. THANK YOU. CHAIR. SO I ACTUALLY WAS AN EMPLOYEE OF NAVAL ORDNANCE FOR 12 YEARS AND HAVE A MAYBE A LITTLE INSIDE BASEBALL, NO PUN INTENDED THERE OF THE WORKINGS OF THAT OF THAT FACILITY. IT IS PROBABLY 80% METAL FABRICATION, WHICH IS WHAT THIS IS. IF THERE'S AN ENVIRONMENTAL CONCERN, IT'S PROBABLY FAR OUTWEIGHED BY BUILDING E THERE AT NAVAL ORDNANCE, WHERE THEY DO METAL PLATING AND COATING A LOT OF CHEMICALS INVOLVED IN THAT. I DON'T I DON'T KNOW FOR CERTAIN, BUT I'M PRETTY SURE THAT THIS PROPOSAL DOESN'T INVOLVE INVOLVE THAT KIND OF WORK. BUT I SAY THAT TO SAY THAT EXPERTISE OF CONTAINING ENVIRONMENTAL CONCERNS IS ALREADY THERE AT THAT, AT THAT SITE. I FIND IT A LITTLE IRONIC THAT AT THE NEIGHBORHOOD MEETING AND AT THIS MEETING, WE HAVE FOCUSED MUCH OF OUR ATTENTION ON THE CONCERNS OF

[01:00:02]

SO WITH SIX. YES ONE. NO AND ONE PRESENT. THIS PASSES AND WILL BE FORWARDED TO OLD BUSINESS. THE

[6. O-016-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 120 NORTH 42ND STREET CONTAINING APPROXIMATELY 0.12 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24-ZONE-0109). Action Required By February 21, 2025 **Council Member Donna Purvis (D-5) can vote on this zoning change** Sponsors: Markus Winkler (D-17) ]

THIS PROJECT IS LOCATED IN COUNCIL DISTRICT FIVE. SO, COUNCILWOMAN PURVIS. THANK YOU, MISTER CHAIR. I AGREE WITH THE PLANNING COMMISSION'S UNANIMOUS VOTE TO DENY THIS. CHANGE THIS.

I'VE HEARD FROM QUITE A FEW NEIGHBORS STAKEHOLDERS IN THE IMMEDIATE AREA. THEY ARE NOT IN FAVOR OF THIS ZONING CHANGE FOR VARIOUS REASONS. ONE HAS BEEN THE STREET IS VERY NARROW, AND I'M SURPRISED THAT LOOKING AT THE PICTURES THAT WERE PRESENTED, I'M SURPRISED NOT TO

[01:05:05]

THANK YOU. THANK YOU, COUNCILMAN REED. DO WE HAVE ANY OTHER QUESTIONS? I WAS JUST I WAS IN THE QUEUE TO POINT OUT THAT. OUT THE VOTE? YES. FOR THE DENIAL. CORRECT. YEAH. YEAH. ANY OTHER QUESTIONS OR CONCERNS? WITHOUT FURTHER QUESTIONS OR CONCERNS, WE'LL OPEN IT UP FOR A ROLL CALL. VOTE. COUNCIL MEMBER. PERRY. RIGHT. PRESENT, PLEASE. COUNCIL MEMBER. PURVIS. YES.

YES. VOTE IS CLOSING. CHAIR. YOU HAVE EIGHT YES VOTES AND ONE PRESENT. THE ORDINANCE PASSED AND WILL BE FORWARDED TO OLD BUSINESS. NEXT ITEM OF BUSINESS IS NUMBER 70-02425. AN ORDINANCE AMENDING THE LOUISVILLE METRO LAND DEVELOPMENT CODE REGARDING ZONING ENFORCEMENT. CASE NUMBER

[7. O-025-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 338 NORTH 25TH STREET CONTAINING APPROXIMATELY 1.44 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0085). **Council Member Donna Purvis (D-5) can vote on this zoning change** Sponsors: Markus Winkler (D-17) ]

THE REQUEST WAS FOR A CHANGE IN ZONING FROM R6 MULTIFAMILY TO C1 COMMERCIAL, WITH THE DISTRICT DEVELOPMENT PLAN. THE PROJECT INVOLVES ONE PARCEL DEVELOPED WITH CURRENTLY AN INSTITUTIONAL STRUCTURES. ONE STRUCTURE IS CURRENTLY IN USE AS A RESTAURANT, AND THEN THE PROPOSAL IS FOR THAT RESTAURANT TO BE A FULL TIME RESTAURANT. USE. THIS IS THE APPLICANT'S DEVELOPMENT PLAN. THESE ARE PHOTOS OF THE SUBJECT PROPERTY. YOU CAN SEE THE. IT'S AN INSTITUTIONAL CURRENTLY AN INSTITUTIONAL USE. THERE'S RESIDENTIAL ACROSS 11 STREET AND RESIDENTIAL PARK ACROSS NORTH 25TH STREET. RESIDENTIAL ACROSS SAINT CECILIA STREET AND SAINT CECILIA'S SENIOR APARTMENTS TO THE NORTHWEST OF THE SITE. I'M SORRY I READ THE WRONG SEVEN.

SEVEN. I WAS READING AN OLD AGENDA THAT I HAD, AND SO I READ WHAT WAS NUMBER SEVEN ON THE PRELIMINARY AGENDA INSTEAD OF THE CURRENT NUMBER SEVEN. SO I THINK I NEED TO REREAD THAT. SO NUMBER SEVEN IS 0-02525. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 338 NORTH 25TH STREET, CONTAINING APPROXIMATELY 1.44 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 24, ZONE E0085. READ IN FULL. I'M GLAD SOMEBODY WAS PAYING ATTENTION BECAUSE I CLEARLY WAS LIKE, I'M GOING WITH THIS. YOU YOU HAD IT RIGHT AND I HAD IT WRONG. OKAY. SO THE APPLICANT HELD A NEIGHBORHOOD MEETING ON SEPTEMBER 12TH, 2023. THE LAND DEVELOPMENT TRANSPORTATION MEETING WAS HELD ON NOVEMBER 14TH, 2024, WITH THE PLANNING COMMISSION HOLDING ITS

[01:10:02]

SORRY, MISTER CHAIR. MAYOR. SORRY. THE. THERE'S A CURRENT RESTAURANT ON THE SPACE NOW THAT ONLY OPERATES ON FRIDAYS. IS THAT CORRECT? THAT'S CORRECT. OKAY. AND IS THAT WHAT'S THE REASON WHY THEY ONLY OPERATE ON FRIDAYS? BECAUSE THEY'RE IN A RESIDENTIAL ZONING DISTRICT? OR IS THERE A CUP OR SOMETHING? RIGHT. THEY DON'T HAVE THE ZONING RIGHT NOW TO OPERATE EVERY DAY. AND SO THAT'S THAT'S WHY THEY WERE ASKING FOR THAT ZONING SO THAT THEY CAN OPERATE DAILY. UNDERSTOOD. THANK YOU. COUNCILWOMAN PURVIS. THANK YOU, MISTER CHAIR. I SUPPORT THIS ZONING REQUEST. LOVE CITY IS THE APPLICANT. I HAVE WORKED WITH THEM IN THE PAST. THEY ARE GREAT COMMUNITY PARTNERS. THEY'VE GOTTEN A LOT OF SUPPORT FROM THE STAKEHOLDERS IN PORTLAND. THEY DO A GOOD JOB. THERE ARE OTHER THINGS THAT THEY DO IN THE PORTLAND COMMUNITY AS WELL AS FAR AS EDUCATION AND TRAINING. AND SO I SUPPORT THIS. THEY ARE FAITH FOUNDATION. AND THEY'VE BEEN AN ADDED PLUS IN THE PORTLAND COMMUNITY. SO I DEFINITELY SUPPORT THIS BEING GRANTED TO THEM. THANK YOU. THANK YOU. ANY OTHER COUNCILWOMAN RUBY. THANK YOU. I JUST WANT A CLARIFICATION. SO THE REZONING, THE ENTIRE LOVE CITY SITE. CORRECT. THE REZONING, THE WHOLE LOT? YES. OKAY. SO WHAT BUILDING IS BEING USED AS A RESTAURANT, THEN? IT'S MY UNDERSTANDING. IT'S THIS EXISTING BRICK BUILDING HERE. OKAY. AND THE REST OF IT IS PART OF LOVE CITY, THEN? IT'S STILL INSTITUTIONAL. USED? YES. OKAY. THANK YOU. ANYONE ELSE? QUESTIONS? CONCERNS? I DON'T HAVE ANYBODY ELSE IN THE QUEUE. WITHOUT ANY FURTHER QUESTIONS OR CONCERNS. WE'LL OPEN THE ROLL CALL. VOTE. COUNCIL MEMBER PERISH, RIGHT? YES. COUNCIL MEMBER. VACHON. YES. COUNCIL MEMBER. PURVIS. YES. VOTING IS CLOSING. CHAIR. YOU HAVE NINE YES VOTES WITH NINE. YES. VOTE. THIS ORDINANCE PASSES AND WILL BE FORWARDED TO OLD BUSINESS.

[01:15:02]

[8. O-026-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 4217 TAYLOR BOULEVARD CONTAINING APPROXIMATELY 0.334 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0117). Sponsors: Markus Winkler (D-17) ]

AYES HAVE IT. SO THIS HAS BEEN TABLED TO THE NEXT COMMITTEE MEETING. OKAY. NEXT ORDER OF BUSINESS IS NUMBER NINE. 0288-2 FOR AN ORDINANCE AMENDING CHAPTER 156 OF THE LOUISVILLE METRO CODE OF ORDINANCES RELATING TO THE REDUCTION OF FINES AND COSTS FOR OWNER OCCUPIED PROPERTIES. MOTION PROPERLY MOVED AND SECONDED. JULIA. SO THIS IS NOT SOMETHING THAT WAS INITIATED BY THE OFFICE OF PLANNING. SO. COUNCILMAN VACHON, IS THIS SOMETHING YOU CAN SPEAK TO AS ONE OF THE SPONSORS? AND KIND OF GET TO. WHAT WE ON NON REDUCTION OF FINES. AUNT TAMMY OR ITEM NINE CAN WE. COUNCILWOMAN PURVIS AND MYSELF ARE WORKING ON THIS. CAN WE MOTION TO TABLE THIS ONE AS WELL PLEASE. SO ACTUALLY SINCE YOU HAVEN'T SPOKEN ON THIS ONE, YOU CAN JUST WITHDRAW THE MOTION BECAUSE LAST TIME YOU SPOKE AND NOW THAT NO ONE HAS TAKEN A MOTION AND YOU JUST TAKE AN EMOTION AND YOU JUST PUT YOUR I WITHDRAW THE MOTION.

SORRY, I WAS ON THE CHILI.

WITHDRAW THAT MOTION. THANK YOU. MOTION. WITHDRAWN. THE NEXT ORDER OF BUSINESS IS NUMBER TEN.

[10. O-023-25     AN ORDINANCE AMENDING SECTION 11.4.7 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING NEIGHBORHOOD MEETING REQUIREMENTS FOR REVISED DEVELOPMENT PLANS (CASE NO. 24-LDC-0009). Sponsors: Markus Winkler (D-17) ]

[01:20:05]

TIME TO GET TO THE FINISH LINE. COST. YOU KNOW, YOU'RE ADDING ANOTHER MEETING AND THEN THE ABSOLUTE NECESSITY TO ACTUALLY HAVE THE MEETING AND THE PURPOSE OF THE MEETING ITSELF, WHICH IS WHY THE AMENDMENT COMES ALONG WITH A ABOUT A PARAGRAPH OF LANGUAGE THAT YOU HAVE TO INCLUDE ON YOUR NEIGHBORHOOD MEETING LETTER THAT SPECIFICALLY ANNOUNCES THE PURPOSE OF THE

[01:25:04]

COUNCILMAN BRATCHER, CAN YOU TELL ME NOW, RIGHT NOW, IF, SAY, YOU HAVE A PUBLIC MEETING FOR A RESTAURANT AND THEN THEY CHANGE IT TO A CAR WASH, IS THAT IS THAT POSSIBLE WITHOUT A ZONING CHANGE NOW. SO IF THE IF THE ZONING, SAY, IS CAR WASHES C1 SO A CAR WASH IS C1, IF THE SITE IS ALREADY ZONED C1 AND THEY WANT TO GO FROM A CAR WASH TO A RESTAURANT, THAT'S PERMITTED. IF THE SITE WAS, HOWEVER, REZONED, YOU MEAN PERMITTED UNDER THIS BILL? THIS ORDINANCE. OKAY, I'LL I'LL TAKE A STEP BACK THEN. YEAH. SO IF IN THIS PROPOSAL, THEY SAY RECEIVED A REZONING IN 2023 AND THAT REZONING WAS FOR A THE ZONING DISTRICT WAS FOR C1 AND THE PROPOSED USE WAS A CAR WASH. TO THEN COME BACK AND DO A RESTAURANT, THEY WOULD BE REQUIRED TO HOLD A NEIGHBORHOOD MEETING. ANOTHER NEIGHBORHOOD MEETING. THEY WOULD BE REQUIRED TO HOLD A NEIGHBORHOOD MEETING BECAUSE OF THE ZONE CHANGE TO A RESTAURANT BECAUSE OF THE USE CHANGE TO A RESTAURANT. SO THE ZONING CHANGE REQUIRES A NEIGHBORHOOD MEETING PRIOR TO THE ZONING APPLICATION BEING FORMALLY FILED. THIS IS AN ADDITIONAL NEIGHBORHOOD MEETING FOR THOSE REVISED PLANS. SO YOU'RE REVISING THE DEVELOPMENT THAT WAS SHOWN ON THE REZONING. SO IN YOUR CASE, THE REZONING IN 2023, THEY HAD A NEIGHBORHOOD MEETING. THEY WENT TO THE PLANNING COMMISSION. THEY GOT FINAL ACTION BY METRO COUNCIL. IT'S NOW TWO YEARS FROM THAT DATE IF THIS PASSES. AND THEY WANTED TO REVISE THAT PLAN TO BE A RESTAURANT, THEY WOULD THEN NEED TO GO BACK AND HOLD A NEIGHBORHOOD MEETING BEFORE THEY THEN FILE THE REVISED DETAILED DISTRICT DEVELOPMENT PLAN. AND THEN THAT PLAN WOULD IN ALL LIKELIHOOD, HAVE TO GO TO A PUBLIC MEETING BEFORE THE PLANNING COMMISSION OR ITS DESIGNEE. AND IF THAT PLAN CONTAINED THE STANDARD BINDING ELEMENT LANGUAGE, IT MAY CONTAIN TWO ADDITIONAL PROCESSES, ONE AT THE NEIGHBORHOOD MEETING, AND THEN ONE WOULD BE A PLANNING COMMISSION RECOMMENDATION TO METRO COUNCIL. THANK YOU.

COUNCILMAN HUDSON. THANK YOU. CHAIR. SO OUT OF THE GATE, I'M GOING TO BE A YES VOTE TODAY.

BUT IF IT ENDS UP GOING TO CONSENT, I'M GOING TO LATER ASK THAT IT BE TAKEN OFF AND PUT ON OLD BUSINESS, BECAUSE I THINK WE NEED TO HAVE SOME FURTHER DISCUSSIONS ON THIS. I THINK THE CONVERSATIONS THAT WE'RE HAVING RIGHT NOW ARE INDICATIVE OF WHY IT WAS A SPLIT VOTE. I CAN SEE BOTH SIDES OF THIS. I NEED TO UNDERSTAND IT MORE. BUT YEAH, I'LL BE. SO YOU WOULD PREFER TO FORWARD IT OUT OF COMMITTEE AND HAVE THAT CONVERSATION AT FULL METRO COUNCIL, RATHER THAN POTENTIALLY TABLING IT HERE AND HAVING ADDITIONAL CONVERSATION AT COMMITTEE. EITHER WAY, I'M AT THE END OF THE DAY, WE NEED TO HAVE MORE CONVERSATION ON IT. MAYBE. MAYBE IT'S MORE TIDY TO TABLE IT AND HAVE FURTHER CONVERSATION HERE BEFORE IT GOES TO COUNCIL. SO MOVE TO TABLE. I HAVE A SECOND, SECOND, SECOND THAT. SO WE'VE GOT A MOTION TO TABLE THE AMENDMENT. ALL ALL ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED THE AYES HAVE IT. THE THANK YOU CHAIR. THE ORDINANCE HAS BEEN TABLED. SO WE HAVE. LET'S SEE. DO WE WANT TO GO BACK TO NINE. OKAY. WE'RE GOING TO GO BACK TO. NUMBER 90288-2 FOR AN ORDINANCE AMENDING CHAPTER 156 OF THE

[9. O-288-24     AN ORDINANCE AMENDING CHAPTER 156 OF THE LOUISVILLE METRO CODE OF ORDINANCES RELATING TO THE REDUCTION OF FINES AND COSTS FOR OWNER OCCUPIED PROPERTIES. 12/3/24  Planning and Zoning Committee Tabled Action Required By:  May 21, 2025 Sponsors: Donna L. Purvis (D-5), Khalil Batshon (R-25)]

[01:30:03]

THEY'RE LOSING THEIR HOMES BECAUSE OF THESE THESE LIENS. AND I FEEL LIKE THAT IF WE CAN WAIVE THESE FINES AND LIENS FOR INVESTORS TO BUY UP THESE PROPERTIES, I THINK THE NEXT, THE NEXT BEST THING IS TO BE CONSIDERATE OF THESE ELDERLY PEOPLE THAT ARE HAVING A HARD TIME MAKING ENDS MEET, NOT KICK THEM OUT OF THEIR HOMES, GIVE THEM A LIEN REDUCTION, AN AMNESTY LIEN AMNESTY, SO THAT THEY CAN PAY FOR THESE LIENS AND SET UP A AFFORDABLE PAYMENT PLAN. THEY CAN DO THIS. I THINK WE HAVE IN THE LEGISLATION ONCE EVERY FIVE YEARS, BUT IT IS FOR OWNER OCCUPANTS ONLY. AND I WILL NOW YIELD THE FLOOR TO MY COLLEAGUE, COUNCILMAN VACHON.

COUNCILMAN VACHON, THANK YOU, CHAIR. THANK YOU, COUNCILWOMAN PURVIS. SO JUST SO WE CAN COVER SOME OF THE BASES HERE AND SOME OF THE SOME OF THE FACTS IN SECTION D, WE'RE TALKING ABOUT IF THE LIEN EXCEEDS 15, NOT TO EXCEED $15,000, BUT WE ARE GOING TO WAIVE 40% OF THAT AND SET UP A PAYMENT PLAN FOR THESE SENIORS THAT HAVE BEEN IN THESE HOMES AND RESIDENTS FOR A PROCEEDING OF 15 YEARS. SO IT'S NOT AN ELDERLY JUST MOVED INTO A HOUSE THAT'S BEEN THERE FOR FIVE YEARS. THAT'S 65 AND OVER CAN GET THIS OPPORTUNITY. THEY'VE HAD TO HAVE BEEN THERE FOR AT LEAST 15 YEARS AND HAVE HAD THESE LIENS THAT HAVE OCCURRED. SO WE'RE LOOKING TO, TO ADDRESS THAT ISSUE. THE QUESTION I DON'T REMEMBER, TRAVIS, MAYBE YOU CAN ANSWER THIS WITH THIS. DO WE GIVE THEM THE OPPORTUNITY TO ALSO REPAIR THE ISSUES THAT THEY HAVE? THE LIENS ON? THERE'S SOMETHING TO JUST I THOUGHT ABOUT A MINUTE AGO, AND I WANT TO MAKE SURE WE ADDRESS THAT, TO GIVE THEM THE OPPORTUNITY TO GET THAT REPAIRED, MAKE THIS GRANT, TO WAIVE THAT FOR THEM WITH THE PAYMENT PLAN ON THE ADDITIONAL 60% SO THAT THEY HAVE THE OPPORTUNITY TO PAY AND STAY IN THEIR HOMES AND NOT BE FORCED TO LEAVE, YOU KNOW, TO KIND OF A CAVEAT TO THAT, AS I KNOW THAT THE STATE IS WORKING ON, YOU KNOW, LOOKING AT POTENTIAL. WAIVING THE TAX, THE PROPERTY TAX ON ELDERLIES THAT OWN THEIR HOMES FOR X AMOUNT OF METRICS, WHATEVER THAT IS. BUT, YOU KNOW, I THINK WE'RE KIND OF IN LINE WITH WHAT THE STATE'S DOING IN, IN SORT OF A PERSPECTIVE THERE.

YOU KNOW, WHEN OMB AND CODES AND REGS WERE HERE LAST TIME WE TALKED ABOUT THIS, WE ASKED FOR A FINANCIAL IMPACT STATEMENT. AND WE WE'VE NEVER RECEIVED THAT. SO I LOOK TO MOVE THIS TODAY. AND I LOOK FOR YOUR SUPPORT AND MAKING SURE THAT WE TAKE CARE OF OUR ELDERLY. WE TAKE CARE OF OUR 65 AND OVER THAT THAT ARE FALLEN. AND, YOU KNOW, THIS TERRIBLE ECONOMY THAT WE'VE WE'VE SUFFERED AND GIVE THEM AN OPPORTUNITY TO GET OUT OF THAT. DID I SEE DO WE HAVE ANY IDEA HOW MANY PEOPLE, HOW MANY INSTANCES WE'RE TALKING ABOUT, HOW MANY PEOPLE WE'RE TALKING ABOUT I DIDN'T SEE DO WE HAVE A CONCRETE IDEA ABOUT THAT? I WOULD DEFER TO COUNCILWOMAN PURVIS. I DON'T HAVE THAT. THAT NUMBER OFFHAND. SO I APOLOGIZE FOR NOT HAVING THOSE NUMBERS THERE SO I CAN SPEAK ON MY NUMBERS. IN DISTRICT FIVE. WE HAVE $5 MILLION WORTH OF LIENS ON PROPERTIES. HOW MUCH OF THAT THAT IS SINGLY OCCUPIED? I CAN'T SPEAK ON. BUT THIS, THIS BIG NUMBER. SO WE SEE SENIORS, WE'VE SEEN SENIORS LOSE THEIR HOMES BECAUSE OF LIENS. SO I WAS KIND

[01:35:04]

YOU KNOW, I'M STILL GETTING CONCERNS JUST ABOUT THEIR STUFF NOT BEING FIXED. SO, I MEAN, IF WE CAN FIND SOMEBODY THAT REALLY JUMPS ON TOP OF JUST KIND OF REALLY JUMPING ON TOP OF YOU, THESE SENIORS AND NOT EVEN JUST SENIORS, BUT THE DISABLED, BECAUSE YOU DON'T HAVE TO BE A SENIOR TO BE DISABLED. IT COULD BE SOMEBODY THAT HAS A DISABILITY THAT OWNS A PROPERTY AND JUST CANNOT, YOU KNOW, FIND SOMEONE TO FIX THEIR GUTTERS. I THOUGHT MR. PRICE WAS IN THE PROCESS OF DESIGNING SOMETHING THAT WOULD REFLECT TO THAT, TO HELP THAT AS WELL. SO I'M DEFINITELY, YOU KNOW, IN SUPPORT. I DON'T KNOW IF WE GO AHEAD AND PASS THIS AT A COMMITTEE AND THEN WORK WITH MR. PRICE, YOU KNOW, OR, OR WHAT THAT WOULD LOOK LIKE. BUT THAT NUMBER IS THAT NUMBER JUST IN THAT ONE DISTRICT IS HORRIBLE. SO I JUST DEFINITELY WANT TO LOOK INTO TRYING TO SEE IF WE CAN GET THAT DATA SOON. CAN I RESPOND TO COUNCILWOMAN HAWKINS, COUNCILWOMAN PURVIS, CAN I RESPOND TO COUNCILMAN? YEAH, COUNCILWOMAN HAWKINS, DISTRICT FIVE. THAT IS THE HIGHEST NUMBER THROUGHOUT THE 26 DISTRICTS. SO DISTRICT FIVE HAS THE MOST LIENS ON PROPERTIES THROUGHOUT THE 26 DISTRICTS. YES. YOU TOOK THE WORDS RIGHT OUT OF MY MOUTH EARLIER WITH THE COMMENT ABOUT DO WE FIX THE ROOT CAUSE? SO THANK YOU FOR THAT AND I'LL WITHDRAW. SO A COUPLE OF THINGS HERE. FOR ME, IT SEEMS LIKE THE INTENT BEHIND THIS LEGISLATION IS GOOD. AND I THINK WE'RE THIS IS SOMETHING WE DEFINITELY OUGHT TO LOOK INTO. MY CONCERN AT THIS POINT IS WE DON'T HAVE A FINANCIAL IMPACT STATEMENT. SO WE HAVE NO IDEA WHAT THIS IS GOING TO END UP COSTING US. WE HAVE SOME IDEAS OR. DEPARTMENT HEAD PRICE HAS SOME IDEAS THAT

[01:40:01]

COUNCILWOMAN PURVIS AND I WANTED TO SAY OMB WAS VERY AGGRESSIVE IN COMING HERE. THE LAST TIME WE HEARD THIS, WITHOUT ANY DATA AND CLAIMING TO HAVE THIS ALREADY, THIS PROGRAM ALREADY IN EFFECT.

AND IT IS NOT THE SAME AT ALL. AND THEN, YOU KNOW, MAKING THE STATEMENT THIS IS GOING TO HAVE AN IMPACT ON THE GENERAL BUDGET. IT WILL NOT, ESPECIALLY WHEN YOU'RE TALKING ABOUT A PROGRAM THAT HAS BEEN ROLLED OUT TO ELIMINATE LIENS AND WHATEVER ON A LOT OF THE PROPERTIES, PARTICULARLY IN DISTRICT FIVE, FOR INVESTORS TO TAKE AND FIX AND PUT BACK ON THE MARKET. IF THIS IS SOMETHING IF THEY'RE NOT CHALLENGING HOW THIS IS GOING TO IMPACT THE CITY FINANCIALLY TO ALLEVIATE THESE THESE LIENS FOR INVESTORS, WHILE WE'RE GETTING A PUSH BACK ON THESE TO ELIMINATE THESE FEES FOR SENIORS THAT ARE LIVING IN THEIR HOMES, WE DIDN'T DO A STUDY AT ALL. AND SO I'M CONCERNED ABOUT THAT. WE CAN DO THIS FOR INVESTORS TO COME AND GRAB UP, YOU KNOW, FIVE, TEN, 15 PROPERTIES AT A TIME. AND WE'RE JUST GOING TO GET RID OF THE FEES. BUT WHEN WE TALK ABOUT SENIORS TO STAY IN THEIR HOMES, ALL OF A SUDDEN WE HAVE TO DO ALL THESE STUDIES. ALL OF A SUDDEN WE HAVE TO KNOW THIS. WE HAVE TO KNOW THAT. COUNCILMAN VACHON, LOOK, I AGREE WITH COUNCILWOMAN PURVIS, BUT TO SHOW A COMPROMISE HERE, I, I WOULD, I WOULD SUNLIGHT THE DATE TO IF WE'RE GOING TO WE'VE REQUESTED I SAT RIGHT HERE AND I REQUESTED THOSE FINANCIAL IMPACT STATEMENTS AND I GOT NOTHING. I'VE BEEN CRICKETS. SO IF WE FORMALLY MAKE THOSE REQUESTS FOR FINANCIAL IMPACT STATEMENT AND THE STUDIES FROM DIRECTOR PRICE, I WOULD LIKE TO MAKE SURE THAT WE MOVE THIS AND HAVE THE CONVERSATION BY NEXT COMMITTEE MEETING TO MAKE SURE WE MOVE THIS FORWARD. I THINK WE HAVE TO FILE OFFICIAL PAPERWORK TO MAKE THAT A FORMAL REQUEST TO OMB. IS THAT TRUE, SONIA? YES. SO THERE'S ACTUALLY SO ONCE YOU MAKE THAT MOTION AND SAYS IT'LL TABLE IT, BUT YOU ALSO THERE IS PAPERWORK WHICH I'VE ACTUALLY FORWARDED TO TRAVIS TO HELP. IF YOU ALL WANTED TO DO THAT, PLEASE. AND IT'S A LITTLE BIT OF A PROCESS. AND I CAN TELL YOU NOW THAT WE HAVE ANOTHER FINANCIAL IMPACT STATEMENT GOING ON ABOUT ANOTHER ITEM. IT SOUNDS LIKE IT'S GOING TO TAKE SOME GOOD TIME. IT'S NOT GOING TO BE READY IN TWO WEEKS. AND MY ARGUMENT IS GOING TO BE THE SAME REQUEST THAT THOUGH, WHETHER THEY BRING A STATEMENT OVER OR NOT, MY ARGUMENT IS GOING TO BE THE SAME. YOU ARE WAIVING THESE FEES FOR INVESTORS TO BUY THESE ABANDONED VACANT PROPERTIES, BUT YOU WILL NOT CONSIDER WAIVING OR NOT NOT EVEN WAIVING DISCOUNTING THE AMOUNTS OWED BY SENIORS OR DISABLED PEOPLE NOT EVEN WAIVING, WHEREAS YOU'RE TOTALLY WAIVING ALL THE FEES ON THESE VACANT PROPERTIES FOR INVESTORS TO TAKE AND FIX UP, WHICH IS GOOD. THANK YOU. IT'S GOING TO ADD VALUE TO THE NEIGHBORHOODS, BUT WE'RE FIGHTING OVER GIVING A 40% DISCOUNT FOR SENIORS TO STAY IN THEIR HOUSES. IT'S NOT A GOOD LOOK. COUNCILMAN HUDSON. YEAH.

WITH ALL DUE RESPECT TO MY COLLEAGUE, I'M NOT FIGHTING. YEAH. FIGHTING THIS. I WOULD LIKE TO SEE SOME MORE INFORMATION ON IT. AND TO ANSWER MY COLLEAGUE'S QUESTION ABOUT WHY DO WE DO IT FOR INVESTORS WITHOUT ANY OF THIS STUFF THAT THOSE STUDIES WERE DONE FOR THE FOR THE MOVE THAT THE MAYOR PROPOSED TO. PUT. DID YOU. OH, I'M SORRY, I THOUGHT SHE WAS MOTIONING AT ME. IN MY CONVERSATIONS WITH THE MAYOR BEFORE THIS CAME, CAME TO BE WITH THE INVESTORS. THERE WAS FINANCIAL IMPACT STATEMENTS DONE, BUT IT DIDN'T COME TO US FOR A VOTE, SO WE DIDN'T GET THEM. BUT. IN THE CONVERSATION THAT THE CHAIR JUST PROPOSED.

[01:45:03]

THE EYES HAVE IT. SO WE HAVE. WHAT ELSE DO WE NEED TO DO, SONIA. THAT'S THAT'S EVERYTHING.

SO IT'S AUTOMATICALLY TABLED TO THE NEXT COMMITTEE MEETING. DO YOU WANT TO DO THE PAPERWORK FOR IT? YES. I'LL MAKE SURE I GET. THANK YOU. SO WE HAVE A LITTLE BIT OF TIME HERE TO TRY TO MAYBE GET TO THE LAST NUMBER 11. IS THAT WHAT'S IN FRONT OF US NOW, CHAIR, MAY I ASK A CLARIFYING QUESTION ON THAT? YOU MAY. SO DOES THAT COME BEFORE US AT THE NEXT COMMITTEE MEETING OR WHEN WE RECEIVE A FINANCIAL IMPACT STATEMENT? IT SOUNDS LIKE SONIA WAS SAYING THAT THE FINANCIAL IMPACT STATEMENT THAT OMB IS WORKING ON RIGHT NOW, IT'S GOING TO TAKE SOME TIME. SO IT MAY NOT COME TO US IN, IN BEFORE THE NEXT COMMITTEE MEETING. I MEAN, IN A PERFECT WORLD, THEY'D HAVE IT DONE AND WE'D HAVE IT, YOU KNOW, IS THERE ANY MECHANISM TO ENSURE THAT IT'S NOT? YES. IT'S HELD INDEFINITELY. SO WE'LL HAVE WHEN TRAVIS WRITES HELPS WRITE IT, WE CAN REQUEST THE TIME. AND SINCE THERE THERE IS SOME INFORMATION, RIGHT, IT MIGHT BE ABLE TO TALLY BECAUSE THEY'RE GOING TO REACH OUT TO THE DEPARTMENT, WHICH IS PROBABLY RICHARD'S PRICE DEPARTMENT. AND IF HE HAS THAT INFORMATION AVAILABLE IT COULD BE BACK WITHIN DAYS. SO IT'S JUST THE OTHER ONE. IT'S JUST THERE'S A LOT MORE INTO IT. WE CAN REQUEST A TIME PERIOD. OKAY. SO THE REQUEST WOULD BE THAT WE HAVE IT BACK BEFORE THE NEXT COMMITTEE MEETING, IF AT ALL POSSIBLE.

AND. THE NEXT ORDER OF BUSINESS. NUMBER 11 0-02425. AN ORDINANCE AMENDING THE LOUISVILLE METRO

[11. O-024-25     AN ORDINANCE AMENDING THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING ZONING ENFORCEMENT (CASE NO. 24-LDC-0011). Sponsors: Markus Winkler (D-17) ]

AND I'LL GET INTO THAT IN A SECOND, AND I'LL TRY TO GET THROUGH THIS AS QUICK AS POSSIBLE IN THE INTEREST OF TIME. AND THEN THERE'S SOME ANOTHER OPPORTUNITY TO KIND OF CODIFY SOME OF THE OTHER POLICIES THAT WE'VE HAD RELATED TO THE FINE SCHEDULE AND RELATED TO HOW WE ENTER PROPERTIES WHERE WE DON'T HAVE PERMISSION OR NEED TO GET PERMISSION TO ENTER THOSE

[01:50:02]

SO THE OFFICER WILL GIVE THAT. THEN THEY'LL TYPICALLY GIVE TIME TO CORRECT OR TO FILE AN APPEAL, WHICH IS GENERALLY 30 DAYS. BUT THEY HAVE SOME DISCRETION AS TO WHEN THEY WANT TO COME BACK. IF THEY COME BACK AND THE VIOLATION IS STILL THERE, THEY ISSUE A CITATION. UNDER STATE LAW, THAT CITATION HAS TO CARRY A FINE BETWEEN 10 AND $500. THAT IS WHERE SOME DISCRETION COMES INTO PLAY. SO KEEP IN MIND WHEN WE RECOMMEND HOW TO CODIFY THAT FINE SCHEDULE. THAT'S WHERE IT'S COMING FROM. THAT'S A LOT OF DISCRETION TO GIVE AN OFFICER AND FOR CONSISTENCY PURPOSES.

AND THEN IF IT'S NOT REMEDIED AND IT'S NOT APPEALED RIGHT NOW WE REFER TO DISTRICT COURT.

THAT'S WHY OUR CURRENT PROCESS IS CRIMINAL IN NATURE, BECAUSE IT ULTIMATELY GETS ADJUDICATED THERE IN DISTRICT COURT. SO RIGHT NOW WE'RE FINDING THAT THE PROCESS CAN BE IMPROVED BY GIVING THE OPTION OF DOING A CIVIL CITATION. WE'LL KEEP THE OTHER OPTION IN PLACE FOR SEVERAL REASONS. ONE, WE MIGHT WANT TO USE IT IN CERTAIN CIRCUMSTANCES, BUT ALSO THAT WILL GIVE US SOME TIME TO MAKE SOME OTHER IMPROVEMENTS. WE MAY HAVE TO BRING ANOTHER ORDINANCE TO COUNCIL TO AMEND METRO CODE, DEPENDING ON WHETHER OR NOT WE WANT TO UTILIZE THE EXISTING CODE ENFORCEMENT BOARD AND THE EXISTING LIEN STRUCTURE THAT WE APPLY TO PROPERTY MAINTENANCE.

BUT IN LOOKING AT SOME OF THE OTHER CITIES, NAMELY FAYETTE COUNTY AND LEXINGTON AND BOWLING GREEN AND WARREN COUNTY, THEY HAVE BOTH ALREADY DONE THIS. SO IT'S BEEN DONE IN OTHER PLACES, AND THEY BOTH LEFT IT AS AN OPTION SO THAT THEY CAN DO ENFORCEMENT UNDER THE PROCESS THAT WE USE OR THIS OTHER PROCESS. AND WHAT IT EFFECTIVELY DOES IS IT HANDLES ENFORCEMENT A LITTLE BIT MORE LIKE A PROPERTY MAINTENANCE CASE, WHERE YOU CAN TAKE SOME CASES TO A CODE ENFORCEMENT BOARD, WHICH IS AN ADMINISTRATIVE BOARD PUT TOGETHER AND UNDER THE CONTROL OF METRO COUNCIL RATHER THAN DISTRICT COURT. AND THE REASON FOR THAT IS OUR OUR PROCESS OF USING DISTRICT COURT HAS NOT ALWAYS BEEN EFFECTIVE FROM THE VIEW OF METRO AND FROM THE VIEW OF NEIGHBORS WHO ARE CONCERNED ABOUT ZONING VIOLATIONS. IT TAKES A LONG TIME. THE OUTCOMES ARE SOMEWHAT OUT OF OUR CONTROL. IT'S JUST NOT A GOOD TOOL FOR GETTING COMPLIANCE. SO HAVING ANOTHER OPTION COULD BE HELPFUL IN GETTING COMPLIANCE IN A QUICKER MANNER. SO WITH THAT, THERE'S ALSO SOME ISSUES WHERE THE COURT CAN DISMISS PENALTIES THAT HAVE BEEN ASSIGNED. AND THAT'S KIND OF OUT OF OUR CONTROL TOO. BUT IF WE MOVE TO CIVIL, WE CAN TAKE CERTAIN THINGS TO THAT CODE ENFORCEMENT BOARD. SOME THINGS WOULD STILL NEED TO GO TO THE BOARD OF ZONING ADJUSTMENT BECAUSE THEY HEAR VERY ZONING RELATED INTERPRETATIONS HAVE TO GO TO THE BOARD OF ZONING ADJUSTMENT, BUT OTHER THINGS COULD GO TO THE CODE ENFORCEMENT BOARD. AND THEN AFTER THE PROCESS, METRO COULD HAVE THE ABILITY TO PLACE LIENS ON UNPAID FINES, WHICH IS SOMETHING WE CAN'T DO UNDER THE CURRENT ORDINANCE. SO THAT WOULD GIVE ANOTHER WAY TO ENSURE COLLECTION OF FINES THAT HAVE BEEN ISSUED, WHICH IN TURN SHOULD ENCOURAGE MORE PEOPLE TO COME INTO COMPLIANCE, KNOWING THAT EVENTUALLY THAT WE HAVE A MECHANISM TO COLLECT WHAT FINES ARE ASSESSED. SO WITH THAT, OUR PROPOSED CHANGES ARE RELATIVELY SIMPLE IN THE GRAND SCHEME OF WHAT OTHER THINGS WE HAVE PROPOSED. SO THE FIRST IS THAT WE WOULD CREATE A NEW OPTION OF BEING ABLE TO PROCESS THESE CITATIONS CIVILLY. AND AGAIN, THE ONLY BIG DIFFERENCE MECHANICALLY IT WOULD WORK THE SAME. IT WOULD JUST ULTIMATELY IF THEY WERE WE WOULD ALSO LIKE TO CODIFY THE FINE SCHEDULE. RIGHT NOW, THE OFFICER HAS DISCRETION TO 5 TO $500, AND WE HAVE A NUMBER OF OFFICERS OUT ENFORCING. AND WE IF WE WANT CONSISTENCY, THE BEST WAY TO DO IT IS TO CODIFY IT. AND SOME OTHER CITIES HAVE DONE IT. STATE LAW ONLY REQUIRES IT TO BE WITHIN THAT RANGE. SO THE WAY THAT WE'RE PROPOSING IT IS WHAT FOLLOWS THE STANDING POLICY IS $100 FOR THE FIRST CITATION, 200 FOR THE SECOND, 300 FOR THE THIRD, 400 FOR THE FOURTH, AND 500 FOR EVERY ADDITIONAL CITATION AFTER THAT. THAT'S CONSISTENT WITH WHAT PROPERTY MAINTENANCE DOES ON A CASE BY CASE BASIS. THE CODE ENFORCEMENT BOARD CAN WAIVE FINES OR CONDITIONALLY DISCHARGE THEM. SO THERE IS A MECHANISM IF THE FINE ISN'T RIGHT IN A GIVEN CASE TO GET RELIEF TO THAT. BUT THAT WOULD ENSURE CONSISTENCY IN TERMS OF HOW THE OFFICERS

[01:55:06]

SO WITH THAT, THIS WENT THROUGH THE PLANNING COMMISSION, AND THEY RECOMMENDED UNANIMOUSLY TO APPROVE THE CHANGES AS PROVIDED. AND I'D BE HAPPY TO ANSWER ANY QUESTIONS. WE'RE KIND OF RUNNING UP AGAINST IT ON TIME, BUT COUNCILMAN HUDSON. YEAH, I'LL BE QUICK. I AM BEHIND THIS 1,000%.

THANK YOU FOR DOING THIS. THANK YOU FOR BRINGING IT TO US. I HAVE ONE QUESTION. LAST, LAST YEAR, THE STATE LEGISLATURE PASSED A LAW PROHIBITING RETAIL TOBACCO STORES, COMMONLY KNOWN AS VAPE SHOPS, FROM SELLING PRODUCT THAT IS NOT FDA APPROVED. DOES THAT ENFORCEMENT FALL UNDER CODES AND REGS, OR DOES IT FALL UNDER SOME OTHER DEPARTMENT? WE MAY ASSIST BECAUSE THAT'S IN A STATE LAW AND IT'S NOT IN OUR LOCAL LAW. IT'S OUTLINED IN THE STATUTE. I LOOKED THAT UP KNOWING THAT THIS QUESTION MAY COME AND IT SAYS ANY PEACE OFFICER MAY CITE UNDER THAT. SO THAT WOULD INCLUDE ABC OFFICERS IF THEY'RE INVOLVED OR LOCAL POLICE GIVEN WHERE THE LOCATION IS, I THINK THEY WOULD CITE IT. BUT IF THERE WERE CHANGES, I SUPPOSE THAT OUR CODE ENFORCEMENT OR HEALTH DEPARTMENT THAT ENFORCE OUR TOBACCO LICENSE MIGHT BE EMPOWERED TO CITE UNDER THAT, IF THEY'RE DEFINED AS A PEACE OFFICER, THAT PARTICULAR PERSON ISSUING A CITATION. THANK YOU FOR THAT ANSWER. I'LL BE GETTING BACK WITH YOU, COUNCILMAN VACHON, QUICKLY. I WOULD LIKE TO IF THERE WAS AN OPPORTUNITY TO BE A CO-SPONSOR, I'D BE A CO-SPONSOR ON THIS. AND I WOULD LIKE TO HURRY UP AND PASS THIS SO THEY CAN GET TO WORK, BECAUSE THERE IS MANY CASES THAT WE NEED TO BE ABLE TO GET IN AND CITE THE ZONING SITUATIONS, ESPECIALLY IN DISTRICT 25 AND SOME OF THE SURROUNDING DISTRICTS. SO THANK YOU, JOE, FOR ALL YOUR WORK AND YOUR EFFORTS AND YOUR TEAM FOR PUTTING THIS TOGETHER. IT'S TREMENDOUSLY APPRECIATED. THANK YOU. YEAH. AND I'LL SAY QUICKLY TOO, I THIS IS THIS GIVES US MORE FLEXIBILITY, MORE OPTIONS.

AND WE'LL GET US BETTER IN MY OPINION, WILL GET US BETTER RESULTS TOO. SO IT'S I'M EXTREMELY SUPPORTIVE OF THIS AS WELL. I DON'T HAVE ANYBODY ELSE IN THE QUEUE. ANYBODY ELSE HAVE ANYTHING. QUICKLY, BEFORE WE GO AHEAD AND VOTE, I HAVE A QUICK, QUICKLY. I'LL BE REALLY QUICK.

YES, COUNCILWOMAN. PARISH. RIGHT. YES. I THINK THIS IS A GOOD INITIATIVE AS IT LINES UP WITH WHAT CODE? WITH THE OTHER PARTS ARE DOING. MY CONCERN IS THAT A LOT OF TIMES THESE ARE HAPPENING WITH ENTITIES THAT LIVE OUTSIDE OF OUR STATE AND JURISDICTION, THAT OWN SOME OF THESE PROPERTIES. DO YOU FEEL LIKE THIS WILL STILL BE EFFECTIVE FOR THEM IN GETTING THOSE THOSE PERPETRATORS, I MEAN, NOT PERPETRATORS, BUT THOSE FOLKS WHO WHO ARE NOT HONORING OUR THE COMMUNITIES AND NEIGHBORHOODS THE RIGHT WAY. I THINK IT WILL BE MORE EFFECTIVE BECAUSE ULTIMATELY, WHEN YOU END UP BEFORE DISTRICT COURT, YOU HAVE TO SERVE THEM TO APPEAR BEFORE DISTRICT COURT AND SERVING PEOPLE THAT LIVE OUTSIDE THE COUNTY IS VERY DIFFICULT AND CHALLENGING. NOW, IF THEY LIVE OUTSIDE, WE'D BE ABLE TO CONTINUE FINING THEM AND PUT LIENS ON THE PROPERTY AND ENSURE THAT THE PENALTIES ARE AT LEAST PAID. OKAY. THANK YOU. THANK YOU JOE. WITHOUT FURTHER QUESTIONS, WE'LL OPEN THIS FOR A ROLL CALL. VOTE. COUNCIL MEMBER. PARISH.

RIGHT. YES. CHAIR. YOU HAVE EIGHT? YES. WITH EIGHT YES VOTES. THIS ORDINANCE PASSES AND THIS WILL GO TO CONSENT CALENDAR. ANYBODY HAVE ANY. YEAH. CONSENT CALENDAR. IF WE NEED TO CHANGE IT WE CAN WITH NO FURTHER BUSINESS IN FRONT OF US.

* This transcript was compiled from uncorrected Closed Captioning.