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[Call to Order]

[00:00:05]

HELLO. WELCOME TO THE REGULARLY SCHEDULED MEETING OF THE PLANNING AND ZONING ZONING COMMITTEE. IT'S TUESDAY, JUNE 17TH, 1:02 P.M. I'M CHAIR. I'M THE CHAIR OF THE COMMITTEE,

[Roll Call]

ANDREW OWEN. I'M JOINED BY MY VICE CHAIR, SCOTT REED, HERE IN CHAMBERS. I'M JOINED BY COMMITTEE MEMBER BETSY ROONEY. COMMITTEE MEMBER KEVIN BRATCHER. I'M JOINED BY COUNCILMAN HERNDON. COMMITTEE MEMBER SEAN IS HERE AND WILL BE BACK IN THE CHAMBER SHORTLY. COMMITTEE MEMBER JOSE RAYMOND HAS AN EXCUSED ABSENCE, AND I'M SURE WE'LL BE JOINED BY THE REST OF THE MEMBERS SHORTLY. WE'RE GOING TO MOVE A COUPLE OF THINGS AROUND ON THE AGENDA. WE'RE GOING TO START WITH ITEM 13. OH, I ALSO NEED IS THERE ANYBODY. NOBODY'S ONLINE. SO I GUESS WE DON'T NEED TO READ THE VIRTUAL DISCLAIMER. SO WE'RE GOING TO START WITH ITEM 13 WHICH IS 014525. AN ORDINANCE RELATING TO THE PLANNED DEVELOPMENT OPTION FOR PROPERTY LOCATED AT. NO. I'M SORRY, THAT'S NOT THE ONE. THAT'S NOT IT. WE'RE GOING TO START WITH ITEM 14. R-07325. A

[14. R-073-25     A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW AN AMENDMENT TO THE LAND DEVELOPMENT CODE (“LDC”) TO ADOPT THE ALTERNATIVE REGULATIONS FOR ZONING MAP AMENDMENT PROCEDURES AS OUTLINED IN KRS 100.2111. Action Required By: December 12, 2025 Sponsors: Andrew Owen (D-9) ]

RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW AN AMENDMENT TO THE LAND DEVELOPMENT CODE TO ADOPT THE ALTERNATIVE REGULATIONS FOR ZONING MAP AMENDMENT PROCEDURE AS OUTLINED IN KRS 100.2111. CAN I GET A MOTION? MOTION PROPERLY MOVED AND SECONDED. BRIAN, I'LL DEFER TO THE COUNTY ATTORNEY'S OFFICE. COUNTY ATTORNEY. TRAVIS. ASSISTANT COUNTY ATTORNEY. SO THIS IS AN IDEA THAT'S BEEN FLOATED AROUND FOR A WHILE. SOME OTHER COUNTIES DO IT AS WELL.

FOR THE DEVELOPMENT PROCESS TO OCCUR, IT'S GENERALLY SIMILAR TO WHAT COUNCIL CURRENTLY SEES, BUT LOUISVILLE METRO CURRENTLY SEES. I THINK THE MAJOR EXCEPTION HERE WOULD BE THAT UNANIMOUS DECISION FROM THE PLANNING COMMISSION WOULD NOT AUTOMATICALLY COME TO COUNCIL. THERE'S A PROCEDURE IN THE KRS FOR THAT TO SORT OF BE CALLED UP, EITHER FROM ANY AGGRIEVED PARTY OR FROM COUNCIL ITSELF. THIS IS JUST SORT OF THE INITIATING RESOLUTION TO REVIEW A POTENTIAL CHANGE TO THAT PROCESS CAN ANSWER ANY OTHER QUESTIONS. BUT THAT'S THAT'S WHAT THIS RESOLUTION DOES. ONE OF THE THINGS THAT WE DIDN'T SPEND A LOT OF TIME ON, BUT I THINK IT'S IMPORTANT TO NOTE THAT ANYTHING THAT DOESN'T COME IN FRONT OF US, THE STAFF DOESN'T HAVE TO SPEND NEARLY AS MUCH TIME ON. SO I THINK FROM ONE OF THE THINGS THAT'S KIND OF A SILVER LINING HERE IS THAT IT KIND OF RELIEVES SOME OF THE LOAD FROM FROM OUR PLANNING STAFF, WHICH IS, I DON'T KNOW, BRIAN, MAYBE, MAYBE FROM MY PERSPECTIVE IS A GOOD THING. LET'S SEE HERE. ANYBODY I DON'T SEE ANYBODY IN THE QUEUE. ANYBODY HAVE ANY QUESTIONS OR COMMENTS ABOUT THIS ITEM? OKAY.

SO THIS IS A RESOLUTION THAT CALLS FOR A ROLL CALL VOTE. SORRY VOICE. THANK YOU. A VOICE VOTE. ALL THOSE IN FAVOR, PLEASE SAY AYE. ALL THOSE AGAINST. PLEASE SAY NAY. THE AYES HAVE IT. FOR NOW, LET'S PUT IT ON THE CONSENT CALENDAR AND WE'LL SEE. SEE WHERE WE GO FROM THERE. ALL RIGHT. THE NEXT ITEM IS ITEM. 15 R-07525. A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW

[15. R-074-25     A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW AN AMENDMENT TO THE LAND DEVELOPMENT CODE (“LDC”) CHAPTER 1 TO EXTEND THE EXPIRATION DATE OF APPROVED DEVELOPMENT PLANS FOR AFFORDABLE HOUSING TO 5 YEARS. Action Required By: December 12, 2025 Sponsors: Andrew Owen (D-9) ]

AN AMENDMENT TO THE LAND DEVELOPMENT CODE, CHAPTER ONE, TO EXTEND THE EXPIRATION DATE OF APPROVED DEVELOPMENT PLANS FOR AFFORDABLE HOUSING TO FIVE YEARS. COULD I GET A MOTION? MOTION. MOTION. PROPERLY MOVED AND SECONDED. TRAVIS, ARE YOU GOING TO SPEAK TO THIS ONE AS WELL, PLEASE? SURE. SO THE BASIC CONCEPT HERE, GENERALLY DEVELOPMENT PLANS HAVE A TWO YEAR EXPIRATION DATE. AND IF YOU DON'T TAKE A SUBSTANTIAL STEP AS DEFINED BY THE LAND DEVELOPMENT CODE, THEN YOU HAVE TO SEEK EXTENSIONS OF THOSE. THE FIRST ONE IS GENERALLY SORT OF GIVEN A STAFF LEVEL. AFTER THAT IT GOES TO PLANNING COMMISSION HEARING FOR ADDITIONAL EXTENSIONS. I HAVE BEEN TOLD THAT, AND I KNOW THAT AFFORDABLE DEVELOPMENTS HAVE A LOT OF SORT OF DEPENDING ON WHETHER STATE OR FEDERAL OR ACOMBINATION COMPLICATED DEADLINES TO TRY TO ALL MEET AT ONCE IN THAT TWO YEAR TIMELINE ISN'T ALWAYS FEASIBLE FOR THEM TO ACTUALLY GET FUNDING. AND SO SOME OF THESE WERE BEING GRANTED OR REQUESTED WITH SOME REGULARITY. AND SO EXTENDING THE FIVE YEAR WINDOW FOR AFFORDABLE PROJECTS WILL INCREASE THE LIKELIHOOD THAT THEY DEVELOP WITHOUT HAVING TO COME BACK AND REQUEST EXTENSIONS. AFTER THAT FIVE YEAR PERIOD, THEY'D BE ON THE NORMAL TRACK SO THEY COULD REQUEST ADDITIONAL TWO YEAR EXTENSIONS, ONE FROM STAFF, ONE FROM PLANNING COMMISSION AND SO ON. BUT IT WOULD JUST BE THAT INITIAL PERIOD. IT'S ALSO WORTH

[00:05:05]

NOTING THIS IS FOR WHAT I WHAT I CALL A BIG AFFORDABLE PROJECTS. IT'S NOT JUST THROWING AROUND THE TERM AFFORDABLE, IT'S ACTUALLY DEFINED THAT IT BE CONTAINED IN THE BINDING ELEMENTS OR CONDITION OF APPROVAL OR SOME SUCH. AND IF FOR SOME REASON A PROJECT WERE TO MOVE AHEAD, GET ALL THE WAY THROUGH THE PROCESS AND THEN REVERSE COURSE AND NOT BEING AFFORDABLE PROJECT, WE'D HAVE SOME SORT OF ACCOMPANYING FORM THAT WOULD REQUIRE THEM TO PAY, OR RATHER, WOULD REDUCE THEIR EXPIRATION BACK DOWN TO THAT TWO YEARS. SO IT'LL BE A LITTLE BIT MORE LANGUAGE THAN WE'RE USED TO, NOT SOMETHING YOU ALL WOULD NECESSARILY SEE, PROBABLY AN AFFIDAVIT OR THE LIKE IN SOME CONDITIONS. THAT'S THE THOUGHT PROCESS AND I CAN ANSWER ANY QUESTIONS. DON'T SEE ANYBODY IN THE QUEUE. ANYBODY HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS RESOLUTION. WITHOUT FURTHER QUESTIONS THIS CALLS FOR A VOICE VOTE. ALL THOSE IN FAVOR, PLEASE SAY AYE. AYE. THOSE OPPOSED THE AYES HAVE IT. WE'LL ALSO MOVE THIS TO CONSENT FOR NOW. OKAY. I THINK WE'LL GO AHEAD AND GO BACK TO ITEM NUMBER ONE. AT THIS POINT I WANT TO WAIT FOR OH.

COUNCILWOMAN CHAPPLE HAS JOINED US VIRTUALLY. AND COMMITTEE MEMBER SHAMIKA PARISH RIGHT, HAS JOINED US VIRTUALLY AS WELL. NOW WE HAVE TO. YEAH. SO BECAUSE WE'VE BEEN JOINED BY MEMBERS VIRTUALLY, WE NEED TO READ THE DISCLAIMER INTO THE RECORD. CHERYL, CAN YOU DO THAT FOR US, PLEASE? THIS MEETING IS BEING HELD PURSUANT TO CARRY 61.826 AND COUNCIL RULE FIVE EIGHT READ IN FULL. WE'VE ALSO BEEN JOINED BY COUNCIL COUNCILMAN JEFF HUDSON. HE'S BEEN HERE BASICALLY SINCE THE BEGINNING, AND I FAILED TO ACKNOWLEDGE HIS PRESENCE. SO SORRY ABOUT THAT.

SO. COUNCILWOMAN CHAPPLE IS JOINING US TO DISCUSS ITEM NUMBER EIGHT. SO I THINK. WHICH WHICH ITEM IS IT, COUNCILWOMAN CHAPPLE, ITEMS TWO AND EIGHT, TWO AND EIGHT. YES. ALL RIGHT.

WELL, LET'S OKAY, LET'S LET'S GO AHEAD AND START WITH WITH GO BACK TO THE TOP OF THE OF THE

[1. O-110-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 8803-8897 OLD BARDSTOWN ROAD CONTAINING APPROXIMATELY 6.02 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0105). 6/3/25 Planning and Zoning Committee  Held Action Required By July 9, 2025 Sponsors: Andrew Owen (D-9) ]

AGENDA. AND WE'LL START WITH ITEM NUMBER ONE. AND THEN WE'LL GET TO THOSE SHORTLY. ITEM NUMBER ONE IS 0-1 TEN 11025. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 8803 TO 8897 OLD BARDSTOWN ROAD, CONTAINING APPROXIMATELY 6.02 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 24, ZONE 0105. CAN I GET A MOTION? MOTION PROPERLY MOVED AND SECONDED.

BRIAN. ALL RIGHT. GOOD AFTERNOON, BRIAN DAVIS, LOUISVILLE METRO OFFICE OF PLANNING. THIS IS ORDINANCE O, DASH 110, DASH 25 AND PLANNING COMMISSION DOCKET NUMBER 24 0105 FOR THE GOODWILL AT OLD BARDSTOWN ROAD. THE PROPERTY IS LOCATED AT 83. AND ACTUALLY IT'S 8807 WE DISCOVERED THIS MORNING. SO THAT WAS A TYPO. OLD BARDSTOWN ROAD THE PROJECT IS LOCATED IN METRO COUNCIL DISTRICT 22, THE PROPERTY'S EXISTING RESIDENTIAL PROPERTY.

THEY ARE PROPOSING AN OFFICE AND COMMERCIAL TYPE OF USE HERE ON THE SITE. HERE ON THE AERIAL PHOTO, YOU CAN SEE THAT IT'S LOCATED ON THE PIECE OF PROPERTY LOCATED BETWEEN OLD BARDSTOWN ROAD AND BARDSTOWN ROAD AT FAIRMOUNT ROAD. THE PROPERTY IS CURRENTLY ZONED PRIMARILY OUR FORTH A LITTLE BIT OF C1, AS YOU CAN SEE, LOCATED ON THE NORTHERN END OF THE PROPERTY. LOCATED IN NEIGHBORHOOD FORM DISTRICT. THE APPLICANT IS PROPOSING TO CHANGE THE ZONING TO C1 AND OR R1, SO THE CHANGE IN ZONING IS REQUEST THAT IS BEFORE US TO CHANGE FROM R4 AND C1 TO C1 AND OR R1. THE PLANNING COMMISSION TOOK ACTION ON WAIVERS AND VARIANCES, AND THEN THERE IS A REVISED DETAILED DISTRICT DEVELOPMENT PLAN WITH BINDING ELEMENTS ASSOCIATED WITH THIS. THE PROPERTY IN QUESTION IS APPROXIMATELY SIX ACRES. THEY'RE PROPOSING THREE DETACHED STRUCTURES FOR OFFICES AND ONE 16,000 SQUARE FOOT STRUCTURE FOR RETAIL. A PORTION OF THE SITE, AS YOU SAW IN THAT MAP, IS CURRENTLY ZONED C1, WHICH IS UNDER CASE NUMBER NINE, 67, 88, WHICH IS SUBJECT TO GENERAL PLAN BINDING ELEMENTS. THIS IS THE DEVELOPMENT PLAN THAT WAS REVIEWED BY THE PLANNING COMMISSION. SO YOU CAN SEE THE PROPOSED BUILDINGS HERE. WE DO HAVE SOME ELEVATIONS AND RENDERINGS THAT WERE PROVIDED BY THE APPLICANT AS PART OF THEIR TESTIMONY TO PLANNING COMMISSION MEETING. HERE IS AN ELEVATION FOR THE PROPOSED GOODWILL DONATION CENTER. THIS IS ANOTHER ELEVATION OF THAT BUILDING AND ANOTHER. AND THEN YOU CAN SEE THE PROPOSED DESIGN OF THE OTHER

[00:10:09]

THREE BUILDINGS IN ADDITION TO THE GOODWILL CENTER SHOWN HERE ON THIS ELEVATION, AND A ZOOM IN OF THOSE THREE. SO THIS IS THE SUBJECT PROPERTY. AGAIN, THERE'S AN EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURE THAT WILL BE REMOVED. THESE ARE SOME ADJACENT PROPERTIES. THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON JUNE 5TH, 2020 FOR LAND DEVELOPMENT.

TRANSPORTATION COMMITTEE MEETING WAS ON FEBRUARY 13TH, 2025, AND THEN THE PLANNING COMMISSION PUBLIC HEARING WAS ON APRIL 10TH, 2025. THE PLANNING COMMISSION MADE A MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING FROM R4, C1 TO O, R ONE AND C1 THAT PASSED BY A VOTE OF 8 TO 0. THAT'S ALL THAT I HAVE. ANY QUESTIONS FOR ME? SO THIS IS AN THIS JUST IN COUNCIL DISTRICT 22. I'M SURE COUNCILMAN BRADSHAW WOULD LIKE TO SPEAK TO IT BEFORE MAYBE WE GET STARTED HERE. WELL, I'M CONFUSED ON WHERE I THOUGHT I WAS UP TO DATE ON THIS. WHERE ARE THE ENTRIES TO IT? WHAT ROADS ARE THE ENTRIES? SO ALL THE ENTRANCES COME OFF OF OLD BARDSTOWN? WELL, THERE'S ENTRANCES OFF OF OLD BARDSTOWN ROAD, AND THEN THERE'S ALSO ENTRANCE INTO THE GOODWILL DONATION CENTER FROM FAIRMOUNT. SO THERE'S NO THERE ARE NO IN AND OUT POINTS OF EGRESS TO BARDSTOWN ROAD. YEAH. SO THERE'S THREE ENTRIES. SO YOU HAVE AN ENTRANCE HERE. THIS IS. YEAH. OKAY. SO IT'S KIND OF HARD TO SEE WITH THE CONTOURS ON THIS ONE. BUT THE YOU HAVE THE ENTRANCE INTO THE DONATION CENTER FROM FAIRMOUNT ROAD. AND THEN LET ME LOOK HERE, MAN. THERE'S ONE RIGHT HERE ON THE FAR NORTH END OF THE PROPERTY.

THEN YOU HAVE A YOU JUST WALKED OVER THE OTHER ONE. WOW. THIS IS HARD TO READ. THE OTHER ONE IS BETWEEN THE DONATION CENTER AND THEN THE 6000 SQUARE FOOT PROPOSED BUILDING. SO RIGHT HERE. YEAH. SO THERE ARE THREE POINTS OF EGRESS INTO THE PROPERTY. OKAY. YEAH. THIS WAS WELL ON ITS WAY WHEN I TOOK OFFICE. AND YOU KNOW, IT'S IT GOODWILL'S A VERY GOOD OPERATION AND IT'S JUST MY POOR LITTLE ROADS OUT THERE ARE GETTING JUST HAMMERED. THAT OLD BARDSTOWN ROAD, IT'S BARELY 18FT WIDE. WE'RE JUST KEEP ADDING TO IT. BUT ARE YOU ASKING ME TO MOVE IT, CHAIRMAN OR NO? OKAY. NO, I JUST THOUGHT YOU MIGHT WANT TO. THAT CONCLUDES MY COMMENT. SINCE IT'S IN YOUR DISTRICT. THANK YOU. BRIAN, IS THIS WAS THERE WAS A WAS I READING IS THIS THE ONE I WAS READING ABOUT? THERE WAS A FEE IN LIEU THAT WAS GOING TO BE PAID FOR LACK OF SIDEWALK ALONG BARDSTOWN ROAD. IS THAT WAS THAT THIS ONE? CAN YOU SPEAK TO THAT A LITTLE BIT? IT. WHILE YOU'RE LOOKING FOR THAT I'LL, I'LL TURN IT OVER TO COUNCILMAN BATSON. YOU CAN ASK HIS QUESTION. THANK YOU, MR. CHAIR. BRIAN, THANK YOU FOR BEING HERE. THANKS FOR THE PRESENTATION. OBVIOUSLY, YOU'RE GOING TO HAVE SOME QUESTIONS THAT YOU'RE LOOKING AT FOR CHAIR, BUT MY QUESTIONS ARE, I GUESS, IN REGARDS TO INFRASTRUCTURE. RIGHT. SO BARDSTOWN ROAD OBVIOUSLY IS A PRETTY GOOD SIZE. AND THIS IS THE ENTRY POINTS ARE GOING TO COME IN OFF OF FAIRMOUNT ROAD AS WELL AS OLD BARDSTOWN ROAD WITH THOSE THOSE I'M LOOKING AT THE PHOTO WITH THE SITE VIEW OF THE ACTUAL ROADS. THEY'RE OLD. THEY LOOK LIKE OLD COUNTY ROADS. I MEAN, ARE WE GOING TO BE DOING ANYTHING FROM PUBLIC WORKS SIDE, OR IS THE DEVELOPER GOING TO BRING THESE ROADS UP TO CODE TO BE ABLE TO HANDLE THAT TYPE OF TRAFFIC AND INFRASTRUCTURE? AND THEN MY SECOND QUESTION IS, IS THERE A STOPLIGHT AT THE INTERSECTION OF FAIRMOUNT AND BARDSTOWN ROAD OR OLD BARDSTOWN ROAD FOR THE TRAFFIC THAT'S GOING TO INCREASE THERE? I DON'T THINK THERE'S A LIGHT AT EITHER ONE OF THOSE INTERSECTIONS. THE ON THE ON OLD BARDSTOWN ROAD AND FAIRMOUNT. THERE ARE NO PROPOSED WIDENING SHOWN ON THE PLAN. I MEAN, THEY'LL OBVIOUSLY HAVE TO DO CUTS TO PUT IN THE NEW INGRESS AND EGRESS POINTS, BUT THERE ARE THERE'S NOT A WIDENING THERE. SIDEWALK WILL BE PROVIDED ALONG. OLD BARDSTOWN ROAD AND

[00:15:04]

THEN A PORTION OF FAIRMOUNT. BUT THEN FEE AND LOU WILL BE USED TO SATISFY THE REQUIREMENT ALONG BARDSTOWN ROAD AND THE REMAINDER OF FAIRMOUNT ROAD. I AND THERE'S NO IS THERE A STOPLIGHT ON THE STATE ROAD OF BARDSTOWN ROAD THAT THE BIGGER PORTION OF IT I DON'T. COMING INTO FAIRMOUNT, I DON'T THINK THERE IS AT THAT LOCATION. I'M LOOKING AT THE AERIAL. I'M NOT SEEING ANY ANYTHING ON THE PAVEMENT THAT INDICATES THAT THERE'S A STOPLIGHT THERE WITH MR. CHAIR, WITH ALL DUE RESPECT, I THINK THAT I, I THINK THESE DEVELOPMENTS NEED TO HAPPEN, AND I THINK WE ARE ON THE RIGHT TRACK OF POSITIVE NET POSITIVE GROWTH IN OUR COMMUNITIES. BUT TO COUNCILMAN BRADSHAW'S POINT, I THINK IT'S HARD TO IT'S A PRETTY INTENSIVE COMMERCIAL DEVELOPMENT. IT'S GOING TO CREATE A LOT OF MOVEMENT. AND THEY'RE ALREADY HAVING SOME STRUGGLES ON BARDSTOWN ROAD. WHAT DO WE DO IN THE SENSE OF LOOKING AT SOME OF THESE CONCERNS BEFORE WE CAN WE CAN MOVE THIS AND SEE IF WE CAN DO ANYTHING TO MITIGATE SOME OF THAT RISK. SAFETY WISE, I GUESS YOU WOULD SAY YOU'RE ASKING ME THAT QUESTION. WELL, I'LL JUST I'LL JUST SAY THAT IN THE TRAFFIC IMPACT STUDY THAT WAS PROVIDED ON BEHALF OF THIS, WHEN YOU'RE LOOKING AT THE BUILD VERSUS NO BUILD, YOU'RE LOOKING AT PRIMARILY GOT A MIX. IT'S PRETTY CRAZY. BUT SO AT OLD BARDSTOWN ROAD AND AT FAIRMOUNT ROAD, YOU HAVE EXISTING SEE WITH THE BUILD TO BE A C IN THE AM AND THEN A B TO A, C AND A PM AT AT OLD BARDSTOWN ROAD AT THE NORTHERNMOST ENTRANCE, YOU'RE GOING YOU'D HAVE A B AND AN A FOR AM AND PM. SO I MEAN THE ONLY THE WORST. THE WORST CASE HERE IS A FAIRMOUNT ROAD EASTBOUND WOULD GO FROM A C TO A D IN THE AM, BUT THEN IT WOULD BE A B. IT WOULD REMAIN A B IN THE PM. SO A LITTLE BIT OF IMPACT ON MORNING TRAFFIC ON EASTBOUND FAIRMOUNT ROAD. BUT THE OTHER SCENARIOS ARE ARE RELATIVELY. YOU KNOW, B'S AND C'S. SO I MEAN I, I THINK WE'RE WE'RE LOOKING AT A FEW THINGS.

THE SYSTEM DEVELOPMENT CHARGE THAT WE'RE LOOKING INTO TO SEE IF WE CAN TRY TO HELP BRING OUR INFRASTRUCTURE UP TO UP TO PAR. BUT THEN I WOULD ALSO SAY, AND I KNOW THE MAYOR IS GOING TO TALK TO THE STATE LEGISLATURE ABOUT THIS, BUT YOU GO OUT IN THE STATE AND THEY'VE GOT BEAUTIFUL ROADS ALL OVER THE PLACE, MANY OF THEM THAT HAVE NO TRAFFIC ON THEM AT ALL. AND SO WE'VE HAD A STRUCTURE FOR YEARS THAT SENDS WAY MORE OF OUR INFRASTRUCTURE MONEY FOR OUR ROAD MONEY OUT IN THE STATE THAN TO JEFFERSON COUNTY. AND I WOULD HOPE THAT THE MAYOR AND THE STATE LEGISLATURE CAN WORK TOGETHER TO BRING SOME OF THAT MONEY INTO JEFFERSON COUNTY SO WE CAN BRING THE INFRASTRUCTURE UP, BECAUSE OTHERWISE WE'RE GOING TO HAVE NO ECONOMIC DEVELOPMENT, NO GROWTH.

AND IF JEFFERSON COUNTY DOESN'T HAVE ANY GROWTH, THEN THE STATE OF KENTUCKY DOESN'T HAVE ANY GROWTH. I MEAN, IT KIND OF COMES DOWN TO THAT. SO I'M HOPING THAT THAT CONVERSATION WE HAD AND WE CAN MAKE SOME PROGRESS THERE. YES. TO MY POINT, I THINK I DON'T DISAGREE WITH YOU, CHAIR.

I, I, I GUESS THE QUESTION GOES BACK TO, TO BRIAN IS, IS THERE ANYTHING WE CAN DO TO ADD SOME A STOPLIGHT, ADD THE TURNING LANES, ADD THE INFRASTRUCTURE THAT NEEDS TO BE DONE ON OLD BARDSTOWN ROAD AND FAIRMOUNT AND STATE ROAD. BARDSTOWN ROAD 31 W UP THERE SO WE CAN TO MAKE THIS HAPPEN. I DON'T THINK WE WANT TO SAY NO TO THIS. I THINK WE JUST WANT PUBLIC SAFETY TO BE TOP OF MIND. AS WE KNOW FROM A COUPLE MEETINGS BACK, WE HAD THE SITE, THE TRAFFIC STUDY GUYS IN HERE AND BASICALLY SAID WE DO KIND OF WHAT THE DEVELOPER REALLY WANTS ESSENTIALLY, AND THERE'S NO RECOURSE OR ACCOUNTABILITY AND, AND FOLLOW UP AFTER, AFTER IT'S BEEN DEVELOPED. SO I'M JUST TRYING TO FORWARD THINK HERE AND TRYING TO HELP MOVE THIS ALONG. AT THE SAME TIME, IN ALL FAIRNESS, I DON'T THINK THAT'S WHAT I HEARD FROM THE TRAFFIC STUDY GUYS THAT THEY HAVE PROFESSIONAL ACCOUNTABILITY. I DID HEAR THEM SAY THEY DON'T GO BACK YEARS LATER AND LOOK AT THE TRAFFIC STUDY AND AT LEAST NOT EVERY TIME TO SEE IF THEIR PREDICTIONS WERE CORRECT. I DID HEAR THAT, BUT I DID NOT HEAR THAT THEY BASICALLY DO THE BIDDING OF THE DEVELOPERS. AND SO I JUST WANTED TO I DIDN'T HEAR THAT. SO. RIGHT. AND UNTIL THE TRAFFIC WARRANTS A SIGNAL, I MEAN, THERE'S NOTHING THAT WE CAN DO. I MEAN, IF WE IF WE KNEW THAT THE TRAFFIC THAT WAS GOING TO BE GENERATED FROM THIS WAS GOING TO PUSH IT BEYOND THE WARRANTS THAT THE STATE USES TO

[00:20:01]

INSTALL TRAFFIC SIGNALS, THEN WE COULD ASK FOR A CONTRIBUTION THERE. BUT BUT THIS ISN'T GENERATING THAT ENOUGH OF ENOUGH TRAFFIC ON ITS OWN TO MAKE THAT KIND OF REQUEST WITH THIS PARTICULAR DEVELOPMENT AT THIS TIME. AGAIN, BECAUSE THE WARRANTS AREN'T THERE AT FAIRMOUNT AND IN BARDSTOWN ROAD. VICE CHAIR READ. WELL, I WAS GOING TO WITHDRAW BECAUSE COUNCILMAN BRADSHAW ESSENTIALLY SAID WHAT I WAS GOING TO SAY. SO THE DEVELOPER COMMISSION, THE TRAFFIC STUDY, CORRECT? CORRECT. OKAY. AND OLD BARDSTOWN ROAD IS NOT A STATE ROAD, CORRECT? BARDSTOWN ROAD IS A STATE ROAD. SO I GUESS MY QUESTION WOULD BE, DO WE KNOW THE CONDITION OF THAT ROAD? DO WE KNOW HOW THAT ROAD'S BEEN RATED? IS IT SLATED TO BE IMPROVED IN ANY WAY PAVED IN THE NEAR FUTURE? IS IT ON THIS YEAR'S PAVING PLAN? I MEAN, THERE AREN'T ANY NOTES IN THE PLAN ABOUT ANY FUTURE PAVEMENTS ALONG THE ROAD. I MEAN, AGAIN, NOTHING WAS REQUIRED ALONG THE OLD BARDSTOWN ROAD FRONTAGE. SO LIKE, YOU KNOW, BETWEEN PUBLIC WORKS AND THE FIRE COMMENTS THAT WE RECEIVED, NOBODY REQUESTED THAT IT BE WIDENED IN THIS PARTICULAR LOCATION. OKAY. THANK YOU. COUNCILOR. COUNCILMAN BRADSHAW. YES, MR. CHAIR, I WAS JUST GOING TO KIND OF EXPOUND ON YOUR QUESTION. YOU'RE ABSOLUTELY RIGHT. WE GET THE LAST STUDY OR THE LAST. PROGRAM I HEARD WE GET 40 TO $0.45 ON THE DOLLAR OF THE GAS TAX WE SEND TO FRANKFORT AND JEFFERSON COUNTY. AND BELIEVE ME, THERE'S BEEN A LOT OF DISCUSSION ON THAT. BUT THE THING IS, YOU HAVE THIS FORMULA OF FIFTHS AND YOU HAVE 16% OF THE LEGISLATURE IN JEFFERSON COUNTY, AND 16 JUST CAN'T PULL THE DAY WHEN YOU HAVE 100, YOU KNOW, SAY YOU HAVE 100 STATE REPS, YOU GOT 16. YOU KNOW, THEIR FRIENDS, THEIR FAMILY, WHATNOT. BUT WHY WOULD THEY GIVE UP THE DOLLARS THAT THEY'RE GETTING? AND IT'S JUST A REAL SCREWBALL SYSTEM. THIS FORMULA FITS AND JEFFERSON COUNTY GETS GETS REALLY THE SHORT END OF THE STICK. I APPRECIATE COUNCILMAN BACHON AND HIS CONCERNS ON THAT.

I THOSE CONCERNS, LIKE I SAID, THIS WAS ALREADY IN THE PIPELINE. APPARENTLY SOME BINDING ELEMENTS HAD ALREADY BEEN AGREED TO WHEN I TOOK OFFICE. SO, YOU KNOW, I, I DON'T WANT TO GET US A BAD REPUTATION IF WE DON'T FOLLOW THROUGH. BUT I AM SERIOUSLY, YOU KNOW, I HAVE A HECK OF A RESUME IN POLICY MAKING, AND BUT THIS PLANNING AND ZONING PROCEDURES IS JUST LIKE DAY ONE FOR ME. I JUST I DON'T UNDERSTAND A SYSTEM WHERE I GOT TO KEEP MY MOUTH SHUT ON SO MANY THINGS IN THIS COMMITTEE OR THE SOME, SOME FOLKS WILL TAKE IT TO THE COURTS. I'M NOT USED TO NOT STANDING UP FOR WHAT THE CITIZENS OF MY DISTRICT WANT. I'M TRYING TO FINAGLE MY WAY AND LEARN THE WAYS TO BE EFFECTIVE ON SURE, WE LOVE IT, SAY FERN CREEK, AND THIS AFFECTS ALL OF YOU GUYS. I'M NOT SAYING THIS IS ONLY FERN CREEK, BUT THAT IS MY DISTRICT, MY HOME.

AND SURE, I IT'S GREAT THAT PEOPLE WANT A PART OF FERN CREEK. IT'S, IT'S GOT A LOT OF FARMLAND AND TREES AND WHATNOT. AND PEOPLE WANT TO COME OUT THERE AND IT'S A GROWING AREA, BUT I AM JUST TRYING MY BEST TO WALK IN THIS MINEFIELD OF HOW TO REPRESENT MY DISTRICT AND ALSO BRING GOOD, RESPONSIBLE DEVELOPMENT, BECAUSE IT JUST SEEMS LIKE THE RUBBER STAMP GETS THE GETS THE GO AHEAD. SO EASY FROM WHAT I'VE SEEN AND THAT'S AND THAT'S JUST YOU KNOW, I KNOW THAT WE HAVE PROPERTY RIGHTS VERSUS NEIGHBOR RIGHTS AND THAT'S THAT IS SOMETHING USUALLY THE COURTS STEP IN ON. BECAUSE AMERICA'S PROMISE IS THAT EVERYBODY HAS A RIGHT TO THEIR PROPERTY AND WHAT TO DO WITH THEIR OWN PROPERTY. BUT, YOU KNOW, I'M JUST TRYING MY BEST TO FIGURE OUT A WAY. AND I'VE LEARNED FROM SOME GREAT FOLKS ON THE COUNCIL AND IN THE PLANNING COMMISSION AND. AND TO REPEAT MYSELF FOR THE THIRD TIME, THIS THING HAS ALREADY BEEN IN THE PIPELINE. SO I SAY LET'S VOTE ON IT. COUNCILMAN HUDSON. YEAH, I THINK, I THINK I HEARD TESTIMONY HERE THAT THERE'S NO NEW ROAD DEVELOPMENTS. ON THE BOOKS. AND I WOULD JUST QUESTION THAT THE COOPER CHAPEL CONNECTOR IS LIKE A HALF MILE SOUTH OF THIS, WHICH WILL DRAW A HUGE AMOUNT OF TRAFFIC THAT I THINK THAT THAT PROJECT NEEDS TO BE CONSIDERED IN THE DECISION MAKING PROCESS

[00:25:01]

OF THIS PROJECT. GOT IT. ALL RIGHT. YEAH. ANYBODY ELSE HAVE QUESTIONS OR CONCERNS? I DON'T HAVE ANYBODY ELSE IN THE QUEUE HERE. MR. CHAIR, NOT TO INTERRUPT. THERE IS AN AMENDMENT ON THE SYSTEM. I DON'T KNOW IF THAT WAS GOING TO BE CALLED OR DISCUSSED, BUT I JUST THOUGHT I'D POINT THAT OUT. THERE'S A PROPOSED AMENDMENT ON THE SYSTEM FOR THIS CASE. OKAY. CAN YOU CAN YOU GIVE US A LITTLE COLOR ON THAT AMENDMENT, PLEASE? SURE. SO IT WOULD LIMIT THE. STORY NUMBER STORIES ON THE C-1 PORTION OF THE SITE TO ONE STORY, AND THE BUILDING HEIGHT TO 25FT. IT WOULD LIMIT THE STORIES ON THE OR PORTION OF THE SITE TO TWO STORIES AND 35FT. AND THEN THERE'S A LIST OF USES PROPOSED TO BE BOUND OUT, SIMILAR TO THE OTHER TWO CASES ALONG BARDSTOWN ROAD THAT WERE IN COUNCILMAN BRADSHAW'S DISTRICT LAST CYCLE. I THINK IT'S A MIRROR OF SOME OF THOSE, SOME OF THE MORE, YOU KNOW, TRAFFIC CONTENTS OR OTHERWISE IMPACTFUL USES. I CAN READ ALL THOSE IF THAT'S HELPFUL. AGAIN. SO WHO IS WHO WHO'S AMENDMENT IS THIS? WHO PROPOSED THIS AMENDMENT? I MEAN, IT'S ONE I'VE BEEN WORKING ON COUNCILMAN BRATCHERS OFFICE WITH I DIDN'T KNOW. IT. WHAT SHOULD I CALL THAT AMENDMENT? IS THAT HOW IT WORKS? OR IS THE BINDING ELEMENT ALREADY ATTACHED, OR DO I KNOW IT'S NOT ATTACHED? IT'S NOT ON THE CASE YET. IT IS ON THE SYSTEM. BUT JUST SORT OF AS A PROPOSAL, I DON'T THINK AS A NONMEMBER. CAN HE, CAN HE MAKE THE MOTION FOR AN AMENDMENT IF IT'S IN HIS DISTRICT? I KNOW HE COULD VOTE. WELL, I AM A MEMBER.

MEMBER OF THIS COMMITTEE? YEAH. HE'S A HE'S A MEMBER OF THE COMMITTEE TOO. YEAH. SORRY. SO YES, YOU CAN MAKE THE MOTION, BUT IT'S NOT NOT FORMALLY ACCEPTED YET. NO. NO. ACCEPTED BY WHO? BY THE COMMITTEE. SO GO AHEAD AND MAKE THE MOTION AND WE'LL VOTE. WE? AND BECAUSE GOODWILL HAS ACCEPTED IT. RIGHT. YES. YEAH. THEY THEY'VE AGREED. RIGHT. YEAH. YEAH. ALL RIGHT.

I'LL CALL THAT AMENDMENT OKAY. BINDING ELEMENT. ALL RIGHT I GET A SECOND SECOND AMENDMENT MOVED AND SECONDED. ALL THOSE IN FAVOR, PLEASE SAY AYE. ALL THOSE OPPOSED. ALL RIGHT. THE AMENDMENT HAS PASSED, MR. CHAIR. YES. COUNCIL. COUNCILWOMAN. PARISH. RIGHT. I JUST WANT TO SAY THANK YOU. THANKS. HEARING THE COMMENTARY ON THIS, I DON'T HAVE A DOG IN THIS FIGHT TOO MUCH, BUT WE DID GET SOME EMAILS FROM PEOPLE. I JUST WANT TO SAY THAT I AGREE WITH COUNCILMAN BRADSHAW, AS I SEE THE SAME STRUGGLES WITH JUST TRYING TO FOR THINGS THAT HAPPEN TO COUNCIL PEOPLE BEFORE ME, TRYING TO GET A FENCE REPLACED, WHERE PEOPLE WERE DISPLACED WHEN THE AIRPORT WAS BUILT, AND JUST WATCHING HOW COMPLICATED THIS IS, IT MAKES IT HARD. AND THE REASON WHY I'VE BEEN TRYING TO GET ON THE PLANNING AND ZONING COMMITTEE IS SO THAT WE CAN WE CAN RIGHT SOME OF THOSE WRONGS. SO I'M ENCOURAGED THAT WE CAN DO BETTER. WE CAN WORK ON LEGISLATION ALL YEAR ROUND AND THAT WE CAN GET THIS IN A BETTER WAY. BUT I AGREE WITH WHAT I'VE HEARD. AND IN THE STRONGEST LAWS ARE AROUND LAND OWNERSHIP, AND IT REALLY MAKES IT REALLY HARD AND COMPLICATED. BUT JUST SEEING WHAT YOU'RE EXPERIENCING THERE, WHAT WE'RE EXPERIENCING WITH TRYING TO GET A FENCE PLACED ON MANSLICK, WHERE SENIORS ARE TRYING TO JUST MAKE SURE THAT THEY HAVE WHAT THEY NEED. THAT IS THAT'S THE PART THAT MAKES IT FRUSTRATING WITH THIS JOB. SO I JUST WANT TO SAY THAT I HEAR THAT. I ALSO HEAR THAT IT'S BEEN IN THE PIKE, AND I KNOW THAT GOODWILL HAS COME BACK AND THEY AGREE WITH THE BONDING ELEMENTS. SO I WANT TO I WANT TO SUPPORT THIS BECAUSE IT'S BEEN DOWN, YOU KNOW, IT'S ALREADY BEEN IN PLAY. BUT JUST HOPING THAT WE AS A PLANNING, PLANNING AND ZONING COMMITTEE COULD DO MORE TO DEAL WITH SOME OF THESE ISSUES ON THE FRONT END. THANK YOU. THANK YOU. COUNCIL MEMBER BATSON, JUST IN, THIS MIGHT BE A QUESTION FOR TRAVIS. DO WE NEED TO ADD THAT STANDARD BINDING ELEMENT? TRAVIS. IT IS ALREADY ON THE AMENDMENT ON THE SYSTEM. SO AS LONG AS WE'RE ADOPTING THAT AS IS, THERE'S NO ADDITIONAL ACTION NEEDED. THANK YOU. OKAY. I DON'T HAVE ANYBODY ELSE IN THE SYSTEM. ANYBODY ELSE HAVE QUESTIONS OR CONCERNS ABOUT THIS? OKAY. TIME TO VOTE. CHERYL, CAN YOU BRING IT UP TO. OH, YOU DIDN'T READ THE AMENDMENT. OH, COMMITTEE MEMBER PARRISH. RIGHT. YES. CHERYL. THANK YOU, THANK YOU.

SEVEN YES VOTES. THANK YOU. CHERYL SEVEN YES VOTES. THIS WILL MOVE TO OLD BUSINESS ON THE NEXT METRO COUNCIL AGENDA. ALL RIGHT. NEXT ITEM ON THE AGENDA IS NUMBER 20-12025. AN ORDINANCE

[2. O-120-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 1325 TEXAS AVENUE CONTAINING APPROXIMATELY 0.1387 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0133). 6/3/25 Planning and Zoning Committee  Held Action Required By July 23, 2025 **Council Member Jennifer Chappell (D-15) can vote on this zoning change** Sponsors: Andrew Owen (D-9) ]

RELATING TO THE ZONING OF PROPERTY LOCATED AT 1325 TEXAS AVENUE, CONTAINING APPROXIMATELY

[00:30:05]

0.1387 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 24 0133. CAN I GET A MOTION? MOTION SECOND, PROPERLY MOVED AND SECONDED. RYAN. OKAY, THIS IS ORDINANCE 120 DASH 25 FOR PLANNING COMMISSION DOCKET NUMBER 24 0113 FOR TEXAS DAILY AND RESTAURANT. THE PROPERTY, LOCATED AT 1325 TEXAS AVENUE, IS LOCATED METRO COUNCIL DISTRICT 15. THIS IS AN OUTLINE OF THE PROPERTY SHOWN ON AERIAL PHOTO. THE EXISTING USE IS OFFICE, RESIDENTIAL AND APPLICANT PROPOSING COMMERCIAL USE. THIS IS A ZONING OF THE AREA AS. AS YOU CAN SEE, THE PROPERTY IS CURRENTLY ZONED R1 LOCATED IN TRADITIONAL NEIGHBORHOOD FORM DISTRICT. THEY ARE PROPOSING TO GO TO C1. YOU CAN SEE THAT THE PROPERTY SURROUNDING ARE PRIMARILY R5, AND THEN YOU HAVE C1 BACK UP TOWARDS WHAT IS THAT GOSS AVENUE. SO THE REQUEST IS A CHANGE OF ZONING FROM OR ONE TO C1. THE PROJECT WAS PREVIOUSLY REZONED FROM R5 TWO R1 UNDER DOCKET NUMBER 22, ZONE 132. THE SITE CONSISTS OF ONE PARCEL WITH THE MIXED USE STRUCTURE AND A DETACHED GARAGE. THE DETACHED GARAGE WILL BE CONVERTED INTO A RESTAURANT. THE MAIN STRUCTURE WILL BE USED AS A RESTAURANT AND DELI WITH OUTDOOR SEATING. THIS IS THE DEVELOPMENT PLAN THAT WAS PROVIDED BY THE APPLICANT WITH THE APPLICATION, SO YOU CAN SEE THAT THERE THE EXISTING STRUCTURES WOULD REMAIN AND THEN THEY WOULD BE ADDING JUST A DUMPSTER AREA AND THEN AN OUTDOOR DINING PATIO, WHICH YOU CAN SEE SHOWN IN THE HATCH LINE HERE. THIS IS A PHOTOGRAPH OF THE SUBJECT PROPERTY. THIS IS THE VIEW FROM ASH STREET. HERE'S ANOTHER VIEW FROM TEXAS AVENUE LOOKING ONTO THE SITE. THESE ARE SOME OF THE ADJACENT PARCELS OR ADJACENT PROPERTIES ARE LOCATED IN THE VICINITY OF THE STRUCTURE. THE APPLICANT CONDUCTED A NEIGHBORHOOD MEETING ON SEPTEMBER 30TH, 2020 FOR LAND DEVELOPMENT TRANSPORTATION COMMITTEE MEETINGS. ON MARCH 13TH, 2025. THE PLANNING COMMISSION HELD A PUBLIC HEARING. ON APRIL 24TH, 2025. THE MOTION WAS TO RECOMMEND DENIAL OF THE CHANGE IN ZONING FROM R1 TO C1 THAT PASSED BY A VOTE OF 7 TO 0. THAT'S ALL I HAVE. UNLESS YOU HAVE ANY QUESTIONS FOR ME, I'M GOING TO TURN THIS OVER TO COUNCILWOMAN CHAPEL BECAUSE SHE MAY HAVE SOME INFORMATION ON THIS CASE FOR US BEFORE WE START DEBATING ITS MERITS. COUNCILWOMAN CHAPEL, THANK YOU SO VERY MUCH, CHAIR. OWEN. WELL, I WILL BE SPEAKING IN DIRECT CONTRADICTION TO WHAT COUNCILMAN BRATCHER WAS JUST SPEAKING ON. AND I THINK BY THE END OF THIS, YOU'LL PICK UP ON THAT A LITTLE BACKGROUND IN 2023, WHEN I FIRST GOT ON METRO COUNCIL, THIS PROPERTY WAS REZONED FROM R5 TO R1, AND THIS WAS TO ACCOMMODATE A BARBER SHOP THAT HAD BEEN OPERATING IN THAT SPACE. I HAVE LIVED IN MY HOME FOR 15 YEARS, WHICH IS ONE BLOCK AWAY FROM THIS LOCATION. IF I GO OUT MY FRONT DOOR, I CAN SEE THE FRONT DOOR OF THIS PROPERTY.

I'VE ONLY KNOWN THIS LOCATION TO BE A BARBER SHOP, A SNEAKER SHOP, OR VACANT. THIS LOCATION IS A BLOCK AWAY FROM THE INTERSECTION OF GOSS AND TEXAS, WHERE BEAN COFFEE, THE PEARL AND NEON VINTAGE OR SORRY NEON FLEA ARE LOCATED. IF YOU GO ANOTHER BLOCK IN THE OTHER DIRECTION TO HICKORY STREET, YOU WILL FIND POP'S PLACE, JAYMAR SUSHI, AND THE ALL WOOL AND A YARD WIDE DEMOCRATIC CLUB. IF I CONTINUE GOING OUT, BLOCK BY BLOCK WILL BE HERE FOR A LONG TIME.

OTHERWISE I RECOMMEND THAT YOU COME VISIT SCHNITZELBURG. WE HAVE A LOT OF WONDERFUL LOCAL BUSINESSES. THIS PARTICULAR BUILDING WILL BE A REUSE OF THE EXISTING SPACE. THE SECOND FLOOR IS ALREADY A SHORT TERM RENTAL. THE BUILDING SITS ON THE NUMBER 43 BUS LINE. SO IF I CAME TO CITY HALL FROM MY HOME, I WILL BE CATCHING THAT 43 BUS LINE ONE BLOCK AWAY AT THIS LOCATION. AND BOTH THE PROPERTY OWNER AND THE TENANTS LIVE LESS THAN TWO BLOCKS AWAY FROM THIS PROPERTY, AS YOU CAN SEE IN THE RECORD. AND I HOPE THAT YOU'VE HAD A CHANCE TO LOOK IT OVER. BUT THERE'S BOTH OPPOSITION AND SUPPORT FOR THIS PROJECT. THE OPPOSITION EXPRESSES CONCERNS OVER THE DANGEROUS ROADWAY, WHICH WILL REMAIN DANGEROUS NO MATTER WHAT. THIS PROPERTY IS ZONED AS. SORRY THAT OKAY. AND IT WILL REMAIN DANGEROUS NO MATTER WHAT. THIS PROPERTY IS

[00:35:01]

ZONED AS. AND MY OFFICE HAS BEEN CHAMPIONING CHANGES TO THIS INTERSECTION. ALTHOUGH WE HAVEN'T BEEN ABLE TO GET TRACTION WITH PUBLIC WORKS. BUT I DON'T FEEL LIKE THAT SHOULD IMPACT THIS CASE. THERE'S ALSO OPPOSITION OVER THE SALE OF ALCOHOL, BUT I WILL REMIND EVERYONE ON THIS COMMITTEE AND ON THE PLANNING COMMISSION THAT IS NOT DETERMINED BY ZONING AND THAT IS DICTATED AT THE STATE LEVEL. THAT'LL BE A SEPARATE HEARING IF YOU'D LIKE TO GIVE PUBLIC COMMENTS ON THAT. THE PROJECT PROPOSES AN OUTDOOR DINING AREA ON THE PROPERTY, WHICH IS A CONCERN FOR OUTDOOR NOISE, WHICH I BELIEVE CAN BE ADDRESSED THROUGH BINDING ELEMENTS OR ALTERATIONS TO THE EXISTING PLAN. AND I WOULD LIKE TO NOTE THAT THERE IS ALREADY A BINDING ELEMENT ON THIS THAT WOULD PREVENT OUTDOOR MUSIC OR ENTERTAINMENT ON THE PROPERTY.

WHILE I UNDERSTAND AND EMPATHIZE WITH THESE CONCERNS, I LITERALLY HAVE A BEER GARDEN IN MY BACKYARD. LITERALLY. I DON'T WANT TO PREVENT A LOCAL BUSINESS BY LOCAL PEOPLE WHO ARE COMMITTED TO CURATING EXCEPTIONAL DINING EXPERIENCES FROM OCCUPYING THIS SPACE. MAYBE I'M SELFISHLY LOOKING FORWARD TO BUYING A QUART OF POTATO SALAD AT A DELI DOWN THE STREET FROM MY HOUSE. THAT, TO ME, IS A FAR CRY FROM A LOT OF THE WATERING HOLES THAT WE SEE POPPING UP AROUND HERE. SIMPLY PUT, I BELIEVE THAT THE PLANNING COMMISSION GOT THIS ONE WRONG.

AND ALTHOUGH I BELIEVE THAT BIAS WAS EXPRESSED. ALTHOUGH I BELIEVE BIAS WAS EXPRESSED BY OUR PLANNING COMMISSION, I DO BELIEVE THIS GOES TO HIGHLIGHT ONE OF THE MORE PROBLEMATIC ISSUES THAT WE HAVE WITH OUR NOTICES, AND THE INFORMATION THAT IS BEING PRESENTED FOR CONSIDERATION. REMEMBER, THIS PROJECT WAS APPROVED BY PLANNING AND DESIGN. THE STAFF FINDS THAT THE. AND THIS IS ME READING DIRECTLY FROM THE REPORT. STAFF FINDS THAT THE PROPOSED ZONING CHANGE MEETS THE GUIDELINES OF THE COMPREHENSIVE PLAN, THE WAIVER AND REVISE DETAILED DISTRICT DEVELOPMENT PLAN ARE ADEQUATELY JUSTIFIED AND MEET THE STANDARDS OF REVIEW FOR THE LAND DEVELOPMENT CODE. WITH NO OBVIOUS RED FLAGS OR, IN MY OPINION, REASON FOR DENIAL. I CAN'T UNDERSTAND WHY OUR PLANNING COMMISSION DENIED THIS 7 TO 0. THERE WASN'T A SINGLE PERSON ON OUR PLANNING COMMISSION THAT SAID, HEY, WHY ARE WE VOTING NO FOR THIS? AND I THINK THAT THAT IS PROBLEMATIC. SO I AM. WELL, I ALSO SORRY I SKIPPED THIS PART. HAD THE APPLICANT, TENANT, NEIGHBORHOOD OR OTHERWISE ANYONE ELSE ANTICIPATED THIS BEING SUCH A CONTROVERSIAL CASE OR IT BEING DENIED. I CAN PROBABLY GUARANTEE THAT THERE WOULD BE MORE LETTERS OF SUPPORT FOR THIS THAN THERE WOULD BE LETTERS AGAINST. I COULD BE WRONG, BUT WE CAN SEE.

SO I'M REQUESTING THAT THIS LEGISLATION BE AMENDED, AND I HAVE A PROPOSED AMENDMENT, AND IT SHOULD BE IN THE SYSTEM THAT THE THIS BE SENT TO THE PLANNING COMMISSION TO CONSIDER A CR ZONING AND THE PLANNING COMMISSION GIVE THIS FURTHER CONSIDERATION. AND I AM ASKING MY COLLEAGUES TO JOIN ME IN DOING SO. I CAN ANSWER ANY QUESTIONS TO WHATEVER EXTENT, BUT I JUST WANTED TO SPEAK MY PIECE AND HOPEFULLY WE CAN MAKE SURE THAT WE'RE GETTING A GOOD LOCAL BUSINESS IN THIS WONDERFUL NEIGHBORHOOD SPACE. THANK YOU. BRIAN, I, I DIDN'T SEE ANYTHING EITHER WHERE THE PLANNING COMMISSION GAVE A WHOLE LOT OF EXPLANATION FOR THE DENIAL. DID I MISS SOMETHING IN THAT REGARD? IF YOU WATCH THE VIDEO, THERE WAS THERE WAS DISCUSSION ABOUT TRAFFIC GENERATION AND POTENTIAL THERE, YOU KNOW, IN THE LAND DEVELOPMENT CODE AND TRADITIONAL FORMS, WHEN YOU'RE REUSING A STRUCTURE, THERE ARE NO PARKING MINIMUMS. AND SO BUT THERE WAS THERE ALL THE MEMBERS EXPRESSED CONCERN ABOUT TRAFFIC GENERATION. AND THEN THAT KIND OF NEXT STEP, GOING FROM AN R1 TO A COMMERCIAL USE. AND THAT THAT WAS SOME OF THE DISCUSSION THAT WAS, THAT WAS HAD DURING THEIR, THEIR, YOU KNOW, THE, THE WHEN THEY, WHEN THEY WERE GIVEN THEIR OPINIONS. OKAY. COUNCILWOMAN RUBY. SO WITH WITH PARKING BEING A CONCERN, HOW MANY DINERS ARE THEY EXPECTED TO HAVE AT THIS? IT DOESN'T SEEM LIKE IT'S A VERY BIG PLACE. IT WOULDN'T GENERATE THAT MUCH TRAFFIC. I MEAN, AGAIN, YOU'RE LOOKING AT A AT A VERY MUCH LOCAL, YOU KNOW, NEIGHBORHOOD LEVEL ESTABLISHMENT. IT'S NOT NECESSARILY GOING TO BE, YOU KNOW, IT'S CERTAINLY NOT OUT FOR, FOR A DRIVE THROUGH OR ANYTHING LIKE THAT. AND, YOU

[00:40:03]

KNOW, THERE'S NO PARKING ON SITE. SO I MEAN, ANY, ANY PARKING WOULD BE ON SITE ON, ON THE STREET. SO. YOU KNOW, I AND THERE WAS NO TRAFFIC STUDY THAT WAS REQUIRED OF THIS DEVELOPMENT. SO DO WE HAVE ANY IDEA I GUESS PER FIRE MARSHAL, HOW MANY PEOPLE THEY'RE ALLOWED TO HAVE IN THERE? I DON'T KNOW IF THAT WAS NECESSARILY DISCUSSED AS PART OF THIS AND THE STRUCTURE. THE FOOTPRINT OF THE STRUCTURE IS 1300 SQUARE FEET. IT'S A TWO STORY BUILDING, BUT I DON'T I DON'T THINK BOTH. YOU KNOW, THE SECOND FLOOR IS FOR SHORT TERM RENTALS. YOU'D ONLY BE LOOKING AT ABOUT 1000FT ON THAT FIRST FLOOR. I DON'T KNOW THE FIRE MARSHAL RULES ON THAT, BUT YEAH, IT DOESN'T SOUND TO ME LIKE YOU'RE GOING TO BE GENERATING THAT MUCH TRAFFIC, FRANKLY. OKAY. THANK YOU, VICE CHAIR REED. THANK YOU, MR. CHAIR. QUESTIONS FOR COUNCILMAN CHAPPELL. HOW MANY BUSINESSES WITHIN A CERTAIN SQUARE MILE ARE CURRENTLY ZONED FOR COMMERCIAL IN THAT AREA? I HAVE NO IDEA. SO ARE WE TALKING ABOUT A FRIEND ON THE PLANNING, PLANNING AND DESIGN? I MEAN, I DON'T HAVE A NUMBER PER SE, BUT I MEAN, AS YOU GO TO THE NORTHEAST ON TEXAS TOWARDS GOSS AVENUE, THEN GOSS AVENUE IS PRIMARILY COMMERCIAL. AND SO OVER THERE YOU HAVE, YOU KNOW, A NUMBER OF COMMERCIALLY ZONED BUSINESSES THAT ARE ALONG THAT FRONTAGE. OKAY. AND I DON'T KNOW THE AREA VERY WELL, BUT HOW FAR IS THAT FROM? I MEAN, IT'S A BLOCK FROM GOSS. I MEAN, HERE'S THE AREA. OH, CHERYL, CAN YOU PUT THE THING BACK UP? THANK YOU. SO THE SITES IN RED HERE AND THEN THIS IS GOSS AVENUE RIGHT HERE OKAY. SO IT'S A IT'S A BLOCK AWAY. SO IF WE CAN KEEP THAT UP, THE BUSINESS THAT'S ON THE CORNER WITH THE LARGE PARKING LOT ON GOSS, I MENTIONED THE THREE BUSINESSES BEING PEARL AND NEON FLEA. THAT'S RIGHT THERE. BUT THAT ONE IS A TOOL REPAIR COMPANY. SO IF YOU HAVE LIKE A DRILL THAT GOES BAD YOU CAN TAKE IT THERE. THE LARGE PARKING LOT RIGHT THERE, THAT IS A KROGER. AND THERE'S A TON OF OTHER BUSINESSES THERE SUCH AS TAX, A TAX PLACE, CHIROPRACTOR, CHINESE FOOD. AND THEN AT THE OTHER END OF GOSS, YOU HAVE MILLWORKS PLACE. YOU HAVE LOUISVILLE VEGAN JERKY IN THERE, FACTORY AND FACILITY. BUT IN BETWEEN THOSE POINTS YOU HAVE. A MYRIAD OF BUSINESSES. YEAH. SO THIS ISN'T ANYTHING THAT WOULD BE, YOU KNOW, EARTH SHATTERING IN TERMS OF BEING COMPLETELY NEW TO THE AREA. SO I GUESS IT'S THE POINT THAT I'M TRYING TO MAKE. AND I WAS TELLING COUNCILMAN OR CHAIR OWEN A MINUTE AGO, IN ALL THE YEARS I'VE BEEN ON PLANNING AND ZONING, I BELIEVE THIS IS THE FIRST TIME THAT I'VE SEEN A COUNCIL REP WANTING TO OVERTURN AN UNANIMOUS VOTE IN DENIAL. SO I THINK THIS IS A VERY UNIQUE SITUATION, AND I WOULD BE VERY SUPPORTIVE OF SENDING IT BACK FOR REEVALUATION. SO I'LL JUST ADD THAT THAT THIS NEIGHBORHOOD IS ONE OF THE FEW HISTORICAL NEIGHBORHOODS THAT WHERE CORNER COMMERCIAL WAS THE EVERY CORNER JUST ABOUT HAD COMMERCIAL ON IT HISTORICALLY. AND NOT ALL OF THEM CONTINUE TO, BUT MOST OF THEM STILL DO HAVE CORNER COMMERCIAL. SO THIS IS NOT OUT OF THE ORDINARY IN THAT NEIGHBORHOOD. SO THIS IS LIKE THAT. LET'S SEE HERE I HAVE COUNCILWOMAN CHAPPELL. DID YOU GET TO SAY WHAT YOU WANTED TO SAY? NO, I DID WANT TO SAY THAT WHEN WE'RE CONSIDERING THESE CASES, WE NOT ONLY NEED TO CONSIDER THE NEIGHBORHOODS AND AREAS THAT THEY'RE GOING INTO, BUT ALSO WHAT THE FUTURE OF THOSE AREAS COULD BE. AND AS SOMEBODY THAT'S A PROPONENT OF GOOD URBAN DESIGN THAT ENCOURAGES WALKABILITY, I WOULD LIKE TO ENCOURAGE OUR COMMITTEE TO LOOK AT THIS AND SAY PARKING WOULD BE AN ISSUE IF YOU'RE TRYING TO PARK AT THE DOOR, IF YOU'RE TRYING TO PARK SO YOU DON'T HAVE TO WALK MORE THAN 50FT TO GET IN THE DOOR, THEN THAT MIGHT BE PROBLEMATIC. BUT THAT'S PROBLEMATIC ALREADY.

YOU'RE PROBABLY NOT GOING TO DO THAT. AND FOR MYSELF, I HAVE I DO NOT HAVE A GARAGE, I DON'T HAVE OFF STREET PARKING, AND I HAVE TO CHECK MYSELF WHEN I AM NOT ABLE TO PARK RIGHT IN FRONT OF MY HOUSE. A LITTLE TINY BIT OF ME GETS REALLY ENRAGED. BUT THEN I HAVE TO SAY, HEY, IF I WANT TO WALK LIVE IN A WALKABLE NEIGHBORHOOD THAT HAS THESE KIND OF AMENITIES AND THESE KIND OF BUSINESSES, I NEED TO LEARN TO SACRIFICE A LITTLE BIT. AND THAT MIGHT MEAN PARKING AROUND THE

[00:45:04]

CORNER. AND SO HOPEFULLY THE RESIDENTS WILL HAVE THEIR PARKING. LIKE I SAID, I LIVE ACROSS THE STREET FROM A RESTAURANT, AND YOU KNOW, FROM THE TIME THAT I AM HERE IN THE MORNING AND THE TIME THAT I'M HERE AT NIGHT, IT'S KIND OF OPPOSITE SCHEDULES OF PARKING.

AND SO I HOPE THAT RESIDENTS ARE ABLE TO HAVE THEIR PARKING, AND THEN THOSE WHO ARE COMING TO VISIT HAVE TO PARK A LITTLE BIT FURTHER. BUT GOODNESS GRACIOUS, I HOPE YOU ENJOY OUR BEAUTIFUL NEIGHBORHOOD WHILE ON YOUR WALK. COUNCILMAN HUDSON. THANK YOU CHAIR. I HAVE HEARD SEVERAL TODAY TALK ABOUT THE RESULTS OF THE TRAFFIC STUDY THAT THE COMMISSION LOOKED AT AND DISMISSED IT, SAYING, WELL, WE REALLY KNOW THE AREA WE ARE WILLING TO SACRIFICE THOSE KINDS OF THINGS. AND I JUST FIND IT IRONIC THAT WHEN WE'RE TALKING ABOUT A TRAFFIC STUDY THAT COMES FROM THE TRAFFIC COMMISSION FOR AN AREA OUTSIDE THE WATTERSON THAT SAYS IT'S GOING TO BE MINIMAL IMPACT, BUT THE PEOPLE THAT LIVE IN THOSE AREAS AND KNOW THAT IT'S GOING TO BE AN IMPACT ARE TOLD. TRUST THE TRAFFIC STUDY. AND IN THIS CASE, WE JUST WANT TO WAIVE THAT OFF.

THAT'S ALL I'M GOING TO SAY. THANK YOU. WELL, THERE WAS NO JUST FOR CLARIFICATION. THERE WAS NO TRAFFIC STUDY FOR THIS ONE BECAUSE IT DIDN'T GENERATE ENOUGH TRIPS TO WARRANT SUCH. SO BUT DIDN'T WE JUST TALK ABOUT PARKING? ISN'T THAT PART OF THE TRAFFIC STUDY. WELL WE SO THE THERE THERE'S WELL THERE'S NO PARKING REQUIREMENT FOR THE SITE EITHER BECAUSE OF THE PARKING RULES. BUT THAT WAS SOME OF THE DISCUSSION THAT THE PLANNING COMMISSION HAD, AND THAT WAS BROUGHT UP BY SOME OF THE OPPOSITION WHO WERE THERE THAT DAY. THEY WERE JUST CONCERNED ABOUT ADDITIONAL OVERLOADING, THE ON STREET PARKING THAT IS IN THE AREA. WELL, I WASN'T GOING TO BRING THIS UP, BUT NOW THAT WE'RE IN IT, I ALSO FIND IT IRONIC THAT WHEN THE PLANNING COMMISSION VOTES IN A VERY NARROW 4 TO 3 VOTE, WE HAVE TO TRUST THE PLANNING COMMISSION WHEN THEY COME WITH A SOLID SEVEN TO NOTHING. WE WANT TO TURN IT AROUND. I JUST FIND THAT LAUGHABLE. COUNCILMAN. YEAH. SO THANK YOU. MY I HAVE MAYBE TWO QUESTIONS HERE, RIGHT? ONE IN REGARDS TO THE TRAFFIC AND WHATNOT. AND THEN TWO, WE SEND THIS BACK, BRIAN. AND MAYBE THIS IS A QUESTION FOR YOU. WE SEND THIS BACK TO THE PLANNING COMMISSION AND THEY COME BACK WITH A ANOTHER SEVEN ZERO DENIAL. WHAT IS THAT? WHAT ARE WE WHAT IS THAT. WHAT DOES THAT LOOK LIKE? I'VE NEVER SEEN THAT. I MEAN, WE I MEAN, IF Y'ALL I MEAN, WE'VE HAD CASES WHERE THEY IT HAS BEEN REMANDED BACK TO THE PLANNING COMMISSION AND THEN THE DECISION DID NOT CHANGE OR THE RECOMMENDATION OR THE RECOMMENDATION DID NOT CHANGE. AND SO BUT I MEAN, BASICALLY, IF YOU'RE SENDING IT BACK, WE WOULD CONDUCT A NEW HEARING AND THEN THEY WOULD MAKE A RECOMMENDATION BASED ON THE NEW HEARING THAT THEY CONDUCT. RIGHT. AND IN THIS CASE, THE AMENDMENT BY SUBSTITUTION WOULD BE FOR THE PLANNING COMMISSION TO CONSIDER WHETHER CR ZONING IS APPROPRIATE, AS OPPOSED TO THE C1 ZONING, WHICH IS A LITTLE MORE INTENSE. THAT WAS HEARD BY IT ORIGINALLY, CR IS MORE INTENSE THAN C1, C1 IS MORE INTENSE, CR IS LESS INTENSE.

OKAY. WHAT IS THE CRIME STUDY IN THAT AREA? RISK TERRAIN MANAGEMENT ON THAT SPACE? MAYBE THAT'S AN ISSUE OF WHY THE PARKING IS AND THE TRAFFIC IS GOING TO BE HEAVY. I'M JUST I'M JUST TRYING TO UNDERSTAND. WHAT WAS IN THEIR HEAD. WHY THE SEVEN ZERO. BUT ALSO JUST GET SOME CLARITY HERE. AND THIS IS LAURA FERGUSON, ASSISTANT COUNTY ATTORNEY. I SAT IN ON THAT HEARING AT PLANNING COMMISSION. AND IN ADDITION TO WHAT BRIAN SAID, I THINK SOME OF THE CONCERNS WERE THE OUTDOOR DINING IN SUCH CLOSE PROXIMITY TO THE IMMEDIATE HOUSES, BECAUSE THE PEOPLE WHO CAME AND SPOKE IN OPPOSITION WERE THE PEOPLE WHO WERE RIGHT NEXT DOOR. THE ONE WOMAN TALKED ABOUT HOW WERE SOME OF THE RESTAURANT, WHICH IS THE GARAGE, WAS LITERALLY THREE FEET FROM HER BACK DOOR. ANOTHER ONE TALKED ABOUT HOW THEIR PROPERTY BOUNDED ON IT. SO I THINK SOME OF THE CONCERNS OF THE COMMISSIONERS, IN ADDITION TO THE PARKING, WAS THE INTENSITY OF THE USE AS OPPOSED TO OR WHICH IS A BARBER SHOP, THIS OUTDOOR DINING, THE IMPACT ON THE IMMEDIATE NEIGHBORS WHO DID SHOW UP FOR THEY WERE THE ONES WHO SPOKE IN OPPOSITION. OKAY, MR. CHAIR, CAN I ASK A FOLLOW UP, PLEASE? GO AHEAD. AND I DON'T KNOW IF IT'S WARRANTED IN THIS COMMITTEE OR NOT, OR IF IT'S AN OFFLINE QUESTION, BUT IF IT WAS SENT BACK AND MAYBE I'M ASKING FOR PERSONAL OPINION. MISS FERGUSON, FROM C1 TO CR, IS THAT MORE LIKELY TO CHANGE THEIR

[00:50:07]

OPINION? I DON'T KNOW, I HONESTLY DON'T KNOW. WOULD THE WITH YOUR EXPERIENCE, WOULD THAT BE BETTER FOR THE CONSTITUENTS OF THAT DIRECT AREA? I THINK THE MAIN CHANGE BETWEEN CR AND C1 AS APPLIED TO THIS PARTICULAR PROPERTY IS THAT WHEN YOU ARE A CR ZONE, YOU CAN ONLY REALLY HAVE OUTDOOR DINING AND OUTDOOR ALCOHOL FOR SIX MONTHS OF THE YEAR, SEASONAL AS OPPOSED TO C1 WHERE IT'S YEAR ROUND. UNDERSTOOD. THANK YOU. SO WE HAVE AN AMENDMENT ON THE TABLE, COUNCILWOMAN CHAPPELL. THANK YOU, THANK YOU. IT'S NOW OKAY. NOW I CAN REQUEST TO SPEAK. SO REGARDING CRIME, I DON'T I DON'T KNOW WHAT THE CRIME IS. I LIVE IN A VERY SAFE NEIGHBORHOOD AND I'M PRIVILEGED TO DO SO. HOWEVER, I WOULDN'T LEAVE MY CAR UNLOCKED AT NIGHT BECAUSE THERE MIGHT BE SOMEBODY THAT COMES, A KID THAT COMES AROUND AND TRIES THE DOOR HANDLES. BUT I ALSO WOULDN'T LEAVE MY CAR UNLOCKED ON MY PARENTS CUL DE SAC. SO JUST WANTED TO SAY THAT, AND I DON'T. CRIME AND ZONING. I DON'T KNOW HOW THOSE TWO IMPACT ONE ANOTHER. ALSO, AS I UNDERSTAND IT, ALL OF THE TERMS CAN BE NEGOTIATED WHEN IT'S SENT BACK TO THE PLANNING COMMISSION. SO RIGHT NOW, THE HOURS OF OPERATION I THINK ARE LIMITED TO 11 P.M. THAT COULD BE AMENDED TO WHERE THERE'S NO OUTDOOR HOURS AFTER 9 P.M, THERE'S NO A SMALLER OUTDOOR AREA. THERE'S, YOU KNOW, LIKE I THINK THAT GOING INSTEAD OF SAYING NO TO THIS COMPLETELY, I THINK THAT WE NEED TO SEND IT BACK AND THERE NEEDS TO BE MORE EARNEST CONVERSATION IN IT, INSTEAD OF PEOPLE FEELING LIKE THEY REALLY NEED TO DRAW A LINE IN THE SAND. AND I THINK THAT COUNCILMAN HUDSON BRINGS UP SOME VERY VALID POINTS, ALTHOUGH IT DOES HIGHLIGHT A GREATER ISSUE WITH OUR CITY COUNTY MERGER AND THE IDEOLOGY OF THOSE WHO LIVE IN MORE DENSELY POPULATED AREAS VERSUS THOSE WHO CHOOSE TO LIVE IN A MORE SUBURBAN SETTING. AND SO A LOT OF TIMES, OUR IDEAS WILL NOT MELD. BUT I WOULD ALSO LIKE ACKNOWLEDGMENT THAT MY NEIGHBORHOOD IS NOT YOUR NEIGHBORHOOD. AND THAT'S ALL I HAVE TO SAY. VICE CHAIR. THANK YOU, MR. CHAIR. THIS WILL BE A QUICK QUESTION IN THE PLANNING COMMISSION MEETING, DID THEY CITE THE CURRENT COUNCIL NOISE ORDINANCE IN WITH REGARD TO NOISE? DID THEY MAKE MENTION OF THAT? I MEAN, THERE WAS TESTIMONY ON BEHALF OF THE FROM THE OPPOSITION CITING NOISE CONCERNS. I MEAN, I DON'T I DON'T THINK THE EXISTING SITE HAS ANY KIND OF NOISE ISSUES, BUT THEY, YOU KNOW, THEY WERE CONCERNED ABOUT THE PROPOSED USE AND POTENTIAL NOISE THAT MAY COME UP. I MEAN, WE TYPICALLY HAVE. AND IF YOU LOOK, THERE'S USUALLY A BINDING ELEMENT THERE THAT LIKE MUSIC AND SPEAKERS CAN'T BE HEARD BEYOND THE PROPERTY LINE AND THINGS LIKE THAT. AND THOSE ARE IN COMPLIANCE WITH THE NOISE ORDINANCE, WHICH IS, YOU KNOW, ENFORCED BY THE LAPD. YEAH. AND I DON'T REMEMBER THE SPECIFICS, HOW MANY FEET, ETCETERA. BUT THEY DID NOT MAKE MENTION OF THE NOISE ORDINANCE WITH REGARD TO THIS PARTICULAR ESTABLISHMENT PROJECTING OUT THAT FAR OR ANYTHING LIKE THAT. I DON'T RECALL THERE BEING ANY DISCUSSION ABOUT HOW FAR NOISE MAY GO BEYOND THE PROPERTY LINE FOR, OKAY. ARE THERE ANY OTHER ESTABLISHMENTS THAT HAVE OUTDOOR DINING IN THAT AREA? I'D HAVE TO GO BACK AND LOOK. I MEAN, I THINK YOU HAVE SOME OUTDOOR DINING AREAS UP ALONG GOSS AVENUE, BUT I DON'T KNOW ABOUT THE MERRIWEATHER HOP. HOUSE, PIZZA AF, THE POST, JUST TO NAME A FEW. NORTH OF BOURBON. YEAH, I MEAN A TON. OKAY, SO I JUST WE'RE HOLDING THREE OTHER ITEMS TODAY TO ALLOW THE PERSON IN THE DISTRICT WHERE THAT PROPOSAL IS TO NEGOTIATE WITH THE APPLICANT AND TRY TO COME TO SOME SORT OF CONSENSUS. AND IN THIS CASE, THE WAY I UNDERSTOOD IT FROM COUNCILWOMAN CHAPPELL IS IT SOUNDED LIKE THE APPLICANTS WERE REALLY SURPRISED THAT THEIR PROPOSAL WAS DENIED. AND SO THEY WERE COMPLETELY CAUGHT FLAT FOOTED. AND SO WHAT I THINK WE'RE DOING HERE BY IF WE CHOOSE TO REMAND IT BACK TO THE PLANNING COMMISSION, WE'RE WE'RE CREATING AN OPPORTUNITY FOR THAT DISCUSSION TO TAKE PLACE. &-PT

[00:55:05]

THE COMMITTEE LEVEL OR TABLING IT. SO THAT'S WHY I'M GOING TO BE IN SUPPORT OF THIS, TO HOPEFULLY GET THEM BACK IN CONVERSATION SO THEY CAN WORK SOME OF THESE THINGS OUT, HOPEFULLY. AND IF IT COMES BACK TO US WITH A RECOMMENDATION TO DENY, I THINK THEN THEN THAT I DON'T THINK ANY HARM WILL BE DONE IF, IF, IF THAT, IF THAT OCCURS. SO, COUNCILWOMAN. THANK YOU. JUST ONE QUICK QUESTION. WHAT IS DESIGNED AS A BARRIER TO SEPARATE THE OUTDOOR DINING AREA FROM THE HOUSE NEXT DOOR? I WAS THINKING TO DOUBLE CHECK. SO IN ORDER TO PROVIDE THE BUFFER, THEY WOULD BE REQUIRED TO HAVE THE LBA AND THEN A FENCE, ELBA'S LANDSCAPE BUFFER AREA AS WELL AS THE FENCE. AND SO YOU'D HAVE A PROBABLY AN EIGHT FOOT FENCE THAT WOULD BE PROPOSED THERE.

AND THEN TO THE TO THE REAR OF THE LOT THAT, THAT THAT GARAGE BASICALLY FORMS A BARRIER BETWEEN IT AND THE PROPERTIES THAT ARE LOCATED KIND OF TO THE SOUTH OF IT. SO, I MEAN, YOU KNOW, YOU WOULDN'T HAVE A WELL, THEY'RE THEY'RE STILL SHOWING LANDSCAPE BUFFER AREA BACK THERE OR SOME. BUT THEN, YOU KNOW, YOU, YOU PRIMARILY HAVE THE BUILDING ACTING AS THE BUFFER BETWEEN THE OUTDOOR AREAS AND ANYTHING TO THE SOUTH. BUT THEN YEAH, GOING BACK UP TOWARDS GUS, YOU WOULD THERE WOULD BE SOME FENCING. AND HOW FAR IS THE PROPERTY LINE FROM THE HOUSE NEXT DOOR THAT IT'S NOT SHOWN ON THE PLANS? I'M NOT SURE. I MEAN, IT'S. I DON'T HAVE A WAY OF MEASURING THAT. SORRY. YEAH. THAT'S FINE. I, I WILL BE VOTING IN SUPPORT OF SENDING THIS BACK.

I'M JUST CURIOUS. I WANT TO MAKE SURE THE NEIGHBORS ARE TAKEN CARE OF. THANK YOU. SO WHAT DO WE NEED TO DO HERE THEN? DO WE HAVE. I DON'T KNOW THAT THERE'S AN AMENDMENT IN THE SYSTEM, RIGHT? YEAH. LAURA FERGUSON, I BELIEVE THERE'S AN AMENDMENT IN THE SYSTEM. IF NOT, I CAN READ IT INTO THE RECORD. SO IF SOMEBODY WANTS TO MOVE THAT IN, YOU COULD VOTE ON THAT AMENDMENT BY SUBSTITUTION. OKAY. CAN IT CAN I GET A I JUST WANTED TO SAY REALLY QUICK IN THE DOCUMENTS THAT'S PROVIDED WITH THIS CASE, THE VERY LAST ONE, 24 DASH ZONE DASH 0133 BOUNDARY EXHIBIT. THAT IS A GOOD OVERVIEW AND KIND OF GIVES A LITTLE BIT OF MEASUREMENT ON THE PROPERTY. AND THEN THE NEXT DOOR NEIGHBOR. BUT REMEMBER THIS PROPERTY SITS ON A CORNER. SO IT ONLY HAS A NEIGHBOR TO THE SIDE AND A NEIGHBOR TO THE BACK. AND THE GARAGE SPANS THE ENTIRETY OF THE BACKYARD. SO THAT IN ITSELF IS A BUFFER. AND I JUST WANT TO LET YOU ALL SEE THAT, LAURA, DO WE KNOW, DO WE THINK THAT COUNCILWOMAN CHAPPELL, EVEN THOUGH SHE'S NOT A MEMBER OF THE COMMITTEE, CAN MOTION THAT AMENDMENT? YEAH, WE WERE JUST TALKING AMONGST OURSELVES BECAUSE IT'S SHE'S ALLOWED A VOTE BECAUSE IT'S IN HER DISTRICT. SHE COULD ALSO MOVE TO INTRODUCE THE AMENDMENT. OKAY. SO WE SO, COUNCILWOMAN CHAPPELL, DO YOU WANT TO JUST OFFICIALLY MAKE THAT MOTION? I'LL MAKE THAT MOTION. DO I HAVE A SECOND? PROPERLY MOVED AND SECONDED. ALL THOSE IN FAVOR OF THE AMENDMENT, PLEASE SAY I, I AYE. THOSE OPPOSED. I THINK THE AYES HAVE IT. SO WE HAVE THE AMENDED VERSION IN FRONT OF THAT A STUDENT COUNCIL. DID YOU WANT TO DID YOU HAVE SOMETHING THAT YOU WANTED TO VICE CHAIR READ. ARE YOU IN THE SYSTEM THAT YOU KNOW OKAY. OKAY CHERYL, CAN WE HAVE A ROLL CALL? VOTE ON THE AMENDMENT.

COUNCILMEMBER PARIS. RIGHT. THANK YOU. CHAIR. VOTE YES IS TO SEND IT BACK RIGHT FOR THE AMENDMENT. YES, YES. THANK YOU. COUNCIL MEMBER CHAPPELL. YES. VOTING'S CLOSING. CHAIR. YOU HAVE FOUR YES VOTES, THREE NO, AND ONE PRESENT. OKAY. THE AMENDMENT PASSES, SO WE HAVE THE AMENDMENT IN FRONT OF US. DO I HAVE ANY MORE DISCUSSION OR CONVERSATION ABOUT WHAT'S. SO CHECK? NO CHAPEL VOTED. SO THERE'S FOUR YES VOTES. SORRY. SO ANY OTHER CONVERSATION ABOUT

[01:00:03]

THIS. OKAY. SO WE HAVE THE AMENDED VERSION IN FRONT OF US. CHERYL CAN YOU OPEN THE VOTING.

COUNCIL MEMBER CHAPEL? YES. I'M SORRY. COUNCIL MEMBER CHAPEL. YES, COUNCIL MEMBER. PARIS, RIGHT. YES. COUNCILMEMBER BIRCHER, I'M SO CONFUSED. WHAT? YOU'RE VOTING YES FOR. SINCE YOU'RE VOTING FOR THE AMENDED VERSION TO PRESENT. COUNCIL MEMBER PRESENT. VOTING. OKAY.

HOW DID THEY VOTE IN. THE. CHAIR? YOU HAVE FOUR YES VOTES. AND? FOUR FOUR PRESENT VOTES. OR YOUR FOUR. OKAY WILL BE. YES THREE. YES FOUR. I DON'T KNOW WHAT WAS THAT? COUNCILWOMAN CHAPEL. OH, I SAID THAT BEFORE. IT WAS FOUR AND FOUR, BUT IT LOOKS LIKE IT'S THREE AND FOUR.

SO I THINK IT'S FOUR. IT'S MOVED FORWARD WITHOUT RECOMMENDATION. NO, IT'S FOUR 4404. RIGHT. WHICH MOVES FORWARD WITH WITH A APPROVED RECOMMENDATION. RIGHT. THIS IS LAURA FERGUSON I THINK SHE'S BECAUSE THAT DOESN'T REFLECT HER VOTE. RIGHT. SO HER VOTE GETS ADDED TO THE SUMMARY, WHICH IS HOW IT'S MADE FOR THANK YOU. AND SO THAT WILL BE ON OLD BUSINESS AT THE NEXT COUNCIL MEETING. THANK YOU. WE'LL MOVE ON TO THE NEXT ITEM. ITEM NUMBER 30-12512125. AN ORDINANCE

[3. O-121-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 6422 AND 6808 BILLTOWN ROAD CONTAINING APPROXIMATELY 21.5 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0137). 6/3/25 Planning and Zoning Committee  Held Action Required By July 23, 2025 Sponsors: Andrew Owen (D-9) ]

RELATING TO THE ZONING OF PROPERTIES LOCATED AT 64, 22 AND 6808 OLD TOWN ROAD, CONTAINING APPROXIMATELY 21.5 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER. IS THIS ONE THAT I'M SUPPOSED TO BE HOLDING. NO. CASE NUMBER 24. ZONE 0137. CAN I GET A MOTION? PROPERLY MOVED AND SECONDED. BRIAN OKAY, THIS IS CASE NUMBER ZERO. DASH 121 DASH 25 FOR PLANNING COMMISSION.

DOCKET NUMBER 24, ZONE 137 FOR BILLTOWN MIXED USE. THE PROPERTY IS LOCATED AT 6422 BILLTOWN ROAD. THIS IS LOCATED IN METRO COUNCIL DISTRICT 22. THE PROPERTY IS OUTLINED IN THE HEAVY RED. HERE IS CURRENTLY A RESIDENTIAL SLASH AGRICULTURAL USE. THE APPLICANT IS PROPOSING RESIDENTIAL COMMERCIAL USE. THIS IS A ZONING OF. THE AREA IS CURRENTLY ZONED R4. THE APPLICANT'S PROPOSING R6 AND C1. THE YOU HAVE PRIMARILY R4 AND THEN YOU HAVE SOME C1 ON THE OPPOSITE SIDE OF BILLTOWN ROAD HERE. SO THE REQUEST BEFORE YOU IS A CHANGE IN ZONING FROM R4 TO R6 AND C1. THE PROJECT'S APPROXIMATELY 21.5 ACRES. THEY'RE PROPOSING THREE C1 TRACKS AND THEN ONE R6 TRACKS TRACK, WHICH WOULD BE YOU'D HAVE MULTIFAMILY RESIDENTIAL ON THAT SITE. SO THE THIS IS THE MAKEUP HERE. SO WHERE GAIL HOUSE COMES ACROSS TOWN OR WOULD COME ACROSS BILLTOWN ROAD, YOU HAVE COMMERCIAL PROPOSED COMMERCIAL ALONG THAT FRONTAGE AND THEN MULTIFAMILY FRONTAGE THAT WOULD EXTEND BACK BEHIND THAT DOWN TO THE GENE SNYDER FREEWAY. SO THESE ARE SOME OF THE ELEVATIONS THAT WERE PROVIDED FOR ONE OF THE COMMERCIAL USES, WHICH WOULD BE A PROPOSED WAWA. THE APPLICANT IS PROPOSING SOME ROAD IMPROVEMENTS IN THE AREA IN ORDER TO FACILITATE THE ADDITIONAL TRAFFIC THAT WOULD BE GENERATED BY THE COMMERCIAL AND THE MULTIFAMILY USES, SO YOU CAN SEE THE ADDITIONAL LANE WIDTHS AND TURNING LANES THAT WOULD BE PROVIDED AT THE GAIL HOUSE LANE AND MILLTOWN ROAD INTERSECTION OR INTERSECTION. THIS IS THE SUBJECT PROPERTY LOOKING INTO THE SUBJECT SITE. THIS IS THE REAR OF THE SITE. AND THEN THIS IS THE EXISTING INTERSECTION AT BILLTOWN GAIL HOUSE LANE. SO THE APPLICANT CONDUCTED THEIR NEIGHBORHOOD MEETING ON SEPTEMBER 10TH, 2020 FOR THE LAND DEVELOPMENT TRANSPORTATION

[01:05:04]

COMMITTEE MEETING WAS ON MARCH 13TH, 2025. THE PLANNING COMMISSION PUBLIC HEARING WAS ON APRIL 24TH, 2025. THE MOTION WAS TO RECOMMEND APPROVAL. THE CHANGE IN ZONING FROM R4 TO R6 AND C1 THAT PASSED BY A VOTE OF 7 TO 0. THAT IS ALL THAT I HAVE FOR YOU. UNLESS YOU HAVE ANY QUESTIONS FOR ME. THANK YOU. BRIAN. COUNCILMAN HUDSON. OKAY. OH, COUNCILMEMBER HATCHER, I WOULD LIKE TO MOVE THE BINDING ELEMENTS, THE STANDARD ONE. AND ANY OTHERS. I CAN. YES. SO THERE IS AN AMENDMENT THAT'S IN THE SYSTEM. SO THIS WOULD LIMIT BUILDINGS IN THE C1 ZONE PORTION OF THE SITE TO TWO STORIES. THERE IS NOT A SIMILAR SORT OF LIMIT ON THE R6 PORTION. IT'S ALREADY GOT PROPOSED THREE STORIES FOR THE APARTMENTS THERE. THERE ARE SOME USES BEING BOUND OUT AS WELL IN THE C1 PORTION, THAT SAME SORT OF BANKS, CREDIT UNIONS, SAVINGS AND LOAN LANGUAGE FROM BEFORE, BOWLING ALLEYS, CHARITABLE GAMING FACILITIES, DRY CLEANING, DYEING, PRESSING, ETC. DWELLINGS MULTIPLE FAMILIES. IF THE DENSITY EXCEEDS 17.42 DWELLING UNITS PER ACRE. SO IF THE COMMERCIAL PORTION WERE TO REDEVELOP TO MULTIFAMILY, IT'D BE LIMITED TO R6 DENSITY, EXTENDED STAY LODGING, HOTELS AND MOTELS, PACKAGED LIQUOR STORES, AND PAWN SHOPS. THOSE ARE ALL THE ADDITIONAL BINDING ELEMENTS THAT ARE PROPOSED AND I CAN ANSWER ANY QUESTIONS. DOES THAT COVER WHAT YOU EXPECTED TO BE ON THERE, COUNCILMAN BRASHER? YES, SIR. OKAY. ANYBODY ELSE? I DON'T HAVE ANYBODY ELSE IN THE QUEUE. ANYBODY ELSE HAVE ANYTHING ON THIS ONE? OKAY. COUNCIL COUNCILWOMAN. OKAY, NOW TURN THE MICROPHONE ON. OKAY. SO THANK YOU VERY MUCH I. OKAY. TRACT ONE IS A WAWA. CORRECT? CORRECT. OKAY. AND TRACT FOUR LOOKS LIKE MULTIFAMILY HOUSING. CORRECT. WHAT ARE TWO AND THREE. SO ON TWO THEY HAVE A LIKE A COFFEE PLACE. IT'S A GENERAL PLAN ON THAT PORTION. AND THEN ON TRACK FOUR TRACK THREE.

SORRY. THEY'RE SHOWING PROPOSED RESTAURANT WITH OUTDOOR SEATING ON THAT SITE. OKAY. HOW MANY UNITS ARE IN THE MULTIFAMILY HOUSING? 240. THIS IS A HUGE, INTENSE DEVELOPMENT ON WHAT IS CURRENTLY A RURAL ROAD. OKAY. THANK YOU. SO IT'S YOU KNOW, IT'S RIGHT ON THE RIGHT NEXT TO THE INTERCHANGE. AND YOU KNOW, IN IN MY LITTLE WORLD BUILDING NEXT TO INTERSTATE INTERCHANGE IS THE WAY WE SHOULD BE DOING ALL OF OUR BUSINESS. BUT BILLTOWN IS A DECENT ROAD AND IT'S SO CLOSE TO THE INTERCHANGE, I DON'T THINK IT'S GOING TO ADD THAT THE TRAFFIC WILL BE SLIGHT. THANK YOU. I ALSO WANT TO POINT OUT THAT IT IS A MIXED USE DEVELOPMENT, AND WE HEAR ALL THE TIME FROM OUR COLLEAGUES THAT ARE TRYING TO ENCOURAGE MIXED USE DEVELOPMENT IN THEIR DISTRICTS. AND SO I JUST I JUST WANT TO CALL THAT OUT BECAUSE I APPRECIATE, YOU KNOW, WHEN DEVELOPERS DO BRING US THINGS THAT WE HAVE BEEN ASKING FOR. SO I JUST WANTED TO CALL THAT OUT. ANYBODY ELSE HAVE ANYTHING ON THIS ONE WITHOUT ANY FURTHER QUESTIONS? CHERYL, CAN YOU. OH, I'M SORRY, WE HAVE DO WE GET THE AMENDMENT? DO WE GOT A SECOND? YES. WE HAVE THE AMENDMENT IN FRONT OF US. ALL THOSE IN FAVOR, PLEASE SAY AYE. ALL THOSE AGAINST. NAY, ALL THOSE AGAINST. PLEASE SAY NAY. THE AMENDMENT PASSES. SO NOW WE HAVE THE AMENDED ORDINANCE IN FRONT OF US. ANYBODY ELSE HAVE ANY ANY COMMENTS BEFORE WE VOTE ON THE AMENDED ORDINANCE? CHERYL, CAN YOU OPEN THE VOTING, PLEASE? COUNCIL MEMBERERRY RIGHT. YES. THANK YOU. VOTING.

CLOSING. CHAIR. YOU HAVE SEVEN YES VOTES. WITH SEVEN YES VOTES. THIS WILL BE MOVED TO OLD BUSINESS ON THE COUNCIL AGENDA. METRO COUNCIL AGENDA. THE NEXT ITEM ON THE AGENDA IS NUMBER

[4. O-141-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 8000 BROAD RUN ROAD CONTAINING APPROXIMATELY 107 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0112). Action Required By: August 13, 2025 Sponsors: Andrew Owen (D-9) ]

40-141254 IS ONE. WE'RE HOLDING I THINK. IT'S OKAY. WE'LL BE HOLDING NUMBER FOUR. NUMBER FIVE. YEAH OKAY. CHAPTER. COUNCILMAN HUDSON'S DONE YOU A SOLID COUNCILWOMAN CHAPPELL.

[01:10:03]

WE'LL WE'LL MOVE TO EIGHT WHILE WE HAVE YOU HERE. SO WE'LL GO TO 0-14625. AN ORDINANCE RELATING

[8. O-146-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 3145 R, 3147, 3151 AND 3153 SOUTH THIRD STREET CONTAINING APPROXIMATELY 0.54 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 25ZONE0006). Action Required By: August 13, 2025 **Council Member Jennifer Chappell (D-15) can vote on this zoning change** Sponsors: Andrew Owen (D-9) ]

TO THE ZONING OF PROPERTIES LOCATED AT 3145 R, 31, 47, 31, 51 AND 3153 SOUTH THIRD STREET ROAD, CONTAINING APPROXIMATELY 0.54 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 25 0006. CAN I GET A MOTION? PROPERLY MOVED AND SECONDED. THANK YOU, COUNCILMAN HUDSON, FOR REMINDING ME. APPRECIATE IT. BRIAN. ALL RIGHT. THANK YOU VERY MUCH. THIS IS ORDINANCE OH ONE 4625 FOR CASE FOR DOCKET NUMBER 25 0006 FOR DUTCH BROTHERS COFFEE SHOP. THE PROPERTY IS LOCATED AT 3145 THE 3153 SOUTH THIRD STREET IS LOCATED METRO COUNCIL DISTRICT 15. THIS IS A VERY CLOSE UP VIEW OF THE AERIAL PHOTO OF THE SITE. SO THIS IS THE CORNER PROPERTIES OFF OF SOUTH THIRD STREET THAT GO. ALONG CENTRAL STATION BOULEVARD BACK TO THE KROGER, WHICH YOU'LL SEE ON THIS ZOOM OUT HERE. SO YOU HAVE CORNER PROPERTIES HERE. AND THEN YOU HAVE THE SHOPPING RETAIL DEVELOPMENT TO THE REAR. THE PROPERTY IS CURRENTLY ZONED R6. THE APPLICANT IS PROPOSING TO CHANGE THAT TO C1. SO THE REQUEST BEFORE YOU IS CHANGE THE ZONING FROM R6 TO C1. THERE ARE FOUR VACANT PROPERTIES WHICH WILL BE CONSOLIDATED INTO ONE HALF ACRE PROPERTY. AND THEN THERE WOULD BE A DRIVE THROUGH COFFEE SHOP WITH A WALK UP WINDOW PROPOSED ON THE SITE.

THIS IS THE SITE DEVELOPMENT PLAN THAT WAS PROVIDED BY THE APPLICANT AND REVIEWED AT THE PLANNING COMMISSION MEETING. SO THE BUILDING WOULD BE LOCATED UP ON THE THIRD STREET FRONTAGE, AND THEN ALL THE ACCESS WOULD COME OFF THROUGH THE THROUGH THE REAR BACK THERE TOWARDS THE, YOU KNOW, WITHIN THE RETAIL DEVELOPMENT PORTION OF THAT. AND THEN YOU WOULD HAVE A WALK UP WINDOW ALSO. SO THIS IS A PHOTO OF THE EXISTING PROPERTY RIGHT HERE. THE VACANT PART. THESE ARE JUST SOME SURROUNDING VIEWS OF THE AREA. THE NEIGHBORHOOD MEETING WAS CONDUCTED ON DECEMBER 18TH, 2020 FOR LAND DEVELOPMENT. TRANSPORTATION TRANSPORTATION COMMITTEE MEETING WAS ON MARCH 27TH, 2025. THE PLANNING COMMISSION CONDUCTED A PUBLIC HEARING ON MAY 15TH. THE MOTION WAS TO RECOMMEND APPROVAL. THIS CHANGE IN ZONING FROM R6 TO C1 THAT PASSED BY A VOTE OF 9 TO 0. THAT'S ALL I HAVE, UNLESS YOU HAVE ANY QUESTIONS FOR ME.

COUNCILMEMBER CHAPPELL, WOULD YOU LIKE TO SPEAK TO THIS SINCE IT'S IN YOUR DISTRICT AND YOU'VE BEEN WAITING TO SPEAK TO IT? SURE. NO PROBLEM. WELL, ALSO, I THINK THAT THEY GOT THIS ONE WRONG WITH THE 9 TO 0 VOTE. I'M JUST KIDDING. I'M JUST KIDDING. HOPEFULLY THIS ONE ISN'T AS CONTENTIOUS YOU GUYS. SO AS WE HEARD, IT'S A DUTCH BROTHERS COFFEE. I'M NOT INTO COFFEE. I DON'T EVEN KNOW IF I'M REALLY THAT INTO DRIVE THRUS, BUT I THINTHAT THE NEIGHBORHOOD WOULD EASILY ABSORB THIS AA DUTCH BTHERS COFFEE. IOT GETTG TH PUBLI CMENT TO LO, B I SURAT T BICE ON AT'ST THEDJOININGARCEL XT DOOR. BUT OTHERWISE, I THINK THAT THIS HAS MY APPROVAL. I THINK NEIGHBORS AND PEOPLE IN THE AREA ARE EXCITED ABOUT A DUTCH BROTHERS COFFEE. I MENTIONED THIS TO CHURCHILL DOWNS AND INTERESTINGLY, THEY THIS WAS BACK IN APRIL, BUT THEY SAID THAT DUTCH BROTHERS MAY HAVE A HORSE CONTENDING IN THE KENTUCKY DERBY THIS PAST YEAR. I DON'T KNOW IF THAT WAS EVER PROVEN TO BE TRUE OR NOT, BUT HERE NOR THEY'RE ASKING FOR YOU ALL TO VOTE YES ON THIS.

COUNCILMAN THREE YOU HAVE QUESTIONS ABOUT THIS. THANK YOU VERY MUCH. FIRST OF ALL, THAT'S RIGHT OUTSIDE MY FAVORITE KROGE. AND STARBUCKS ACTUALLY HAS A STORE IN THE KROGER, TOO.

THEY'RE GOING TO BE HAVING SOME COMPETITION, BUT IT IS A STEP UP FROM THE DOLLAR TREE THAT WAS ORIGINALLY PROPOSED THERE. SO I'M HAPPY FOR THAT. I'VE GOT A QUESTION THOUGH ABOUT THE LAYOU, BECAUSE THE PROPERTY LINES LEAVE OUT THAT WEIRD LITTLE WEIRD, WEIRD LITTLE RECTANGLE. WHAT IS GOING TO BE DONE WITH THAT? THAT APPEARS TO BE RIGHT OF WAY. THAT'S RIGHT OF WAY, YES. OKAY.

SO IS IT SUPPOSED TO BE LEFT AS GRASS? IS IT GOING TO BE LANDSCAPED? DO WE KNOW ANYTHING

[01:15:01]

ABOUT THAT? THEN IT WILL BE WHATEVER. LOUISVILLE METRO DEPARTMENT OF TRANSPORTATION WANTS IT TO BE. SO YEAH, IT'LL BE JUST LEFT AS IS. YES. OKAY. COUNCILMAN CHAPPELL, WE HAVE TO FIGURE OUT SOMETHING TO DO WITH THAT BECAUSE WE KNOW IF WE DON'T HAVE A GOOD USE FOR IT, IT'LL HAVE A PROBLEM. USE. THANK YOU. I DON'T HAVE ANYBODY ELSE IN THE QUEUE. ANYBODY ELSE HAVE QUESTIONS OR CONCERNS? ALL RIGHT. CHERYL, CAN YOU OPEN UP THE VOTING, PLEASE? COUNCIL MEMBER PARIS. RIGHT. YES. COUNCIL MEMBER CHAPPELL. YES. HOLDINGS. CLAUSEN CHAIR. YOU HAVE EIGHT YES VOTES. ALL RIGHT. WITH EIGHT YES VOTES, THIS WILL BE FORWARDED TO OLD BUSINESS ON THE METRO COUNCIL AGENDA. THANK YOU. THANK YOU, COUNCILWOMAN CHAPPELL. NEXT ITEM ON THE

[5. O-142-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 6700 STRAWBERRY LANE CONTAINING APPROXIMATELY 0.645 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0126). Action Required By: August 27, 2025 Sponsors: Andrew Owen (D-9) ]

AGENDA IS ITEM NUMBER SIX. FIVE. IS THAT WHAT I HAVE? ITEM NUMBER 50-14225. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 6700 STRAWBERRY LANE, CONTAINING APPROXIMATELY 0.645 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 24, ZONE 0126. CAN I GET A MOTION PROPERLY MOVED AND SECONDED. RYAN. OKAY, THIS IS CASE NUMBER DASH ONE 4225 FOR DOCKET NUMBER 24, ZONE 126 AUTO BODY SHOP. THE PROPERTY IS LOCATED AT 6700 STRAWBERRY LANE. IS LOCATED METRO COUNCIL DISTRICT 25. THIS IS THE EXISTING AERIAL PHOTO OF THE SITE. YOU CAN SEE IT'S AN EXISTING COMMERCIAL USE WHICH WILL CONTINUE TO BE COMMERCIAL. IT'S LOCATED AT THE INTERSECTION OF STRAWBERRY LANE AND ESTELLE AVENUE. THE APPLICANT IS REQUESTING A CHANGE IN ZONING FROM C1 TO C2. AS STATED HERE, SO IT'S APPROXIMATELY 0.6 ACRES. IT IS A. THE APPLICANT IS PROPOSING A TEN BAY AUTO REPAIR GARAGE, SO WITH MORE THAN WHAT C1 WOULD PERMIT, THAT'S WHY THEY'RE REQUESTING THE C2. THE EXISTING BUILDING IS TO BE DEMOLISHED, AND THEN THE ENTIRE SITE WILL BE ENCLOSED BY A FENCE WITH ACCESS VIA ESTELLE AVENUE THROUGH A PROPOSED GATE. THE COMMERCIAL USE IS LOCATED TO THE NORTH AND THE WEST OF THE SITE, WITH RESIDENTIAL TO THE SOUTH, WHICH YOU'LL SEE IN A MOMENT. SO THIS IS THE A PORTION OF THENT.U CAN SEE THE TWO PROPOSED BUILDINGS HERE. ACCESS WOULD COME OFF OF ESTELLE AVENUE. AND THEN YOU HAVE PARKING WHICH WOULD BE LOCATED BEHIND THE FRONT. SO LIKE THE STRAWBERRY LANE IS OVER HERE ON THIS SIDE OF THE PICTURE TO THE RIGHT. THESE ARE SOME ELEVATIONS THAT THE APPLICANT PROVIDED. SO THIS WOULD BE FACING THE ESTELLE AVENUE FRONTAGE. THIS IS THE ELEVATIONS TO SHOW WHAT THE ELEVATIONS WOULD LOOK LIKE FROM STRAWBERRY LANE. THIS IS THE FRONT OF THE SITE LOOKING FROM STRAWBERRY LANE INTO THE SITE. SO YOU CAN SEE THE EXISTING STRUCTURE THAT IS THERE WHICH WOULD BE REMOVED. THESE ARE SOME OF THE SURROUNDING PROPERTIES. MORE SURROUNDING PROPERTIES. THE APPLICANT CONDUCTED A NEIGHBORHOOD MEETING ON JULY 23RD, 2020 FOR THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE. MEETING WAS ON MARCH 27TH OF THIS YEAR, AND THE PLANNING COMMISSION PUBLIC HEARING WAS ON MAY 29TH. THE MOTION WAS TO RECOMMEND APPROVAL THAT CHANGE IN ZONING FROM C1 TO C2, AND THAT PASSED BY A VOTE OF 9 TO 0. THAT'S ALL I HAVE. ANY QUESTIONS FOR ME? THIS IS IN COUNCILMAN JONES DISTRICT. IS IT CORRECT? YES. WOULD YOU LIKE TO SPEAK TO IT, PLEASE? YEAH, I'D BE HAPPY TO SPEAK TO IT. THANK YOU. SO OBVIOUSLY, IT'S A DILAPIDATED AREA. WE WANT TO SEE IMPROVEMENT. WE WANT TO SEE GROWTH. THEY'RE GOING TO TEAR THE BUILDING DOWN, AND THEY'RE GOING TO BUILD A NEW STRUCTURE WITH, YOU KNOW, A GOOD MODERN LOOK. CORRECT ME IF I'M WRONG. IN OUR BINDING ELEMENTS. WE GOT WE MADE SURE THAT THERE WAS NO PACKAGE. LIQUOR STORE SMOKE, RETAIL GAME ROOMS, TATTOO AND PIERCING PARLORS. IS THAT CORRECT? AND THEN AGAIN, WE WANT TO MAKE SURE THAT THE BINDING ELEMENTS ARE HELD TO ON THIS, AS WELL AS A GOOD MODERN LOOK FOR THE FOR THE AREA IN THE COMMUNITY. ONE THING I DIDN'T SEE ON THERE, BRIAN, IS THE SIDEWALKS. ARE THEY GOING TO BE PUTTING SIDEWALKS IN? SO THEY SHOW THERE'S A 4.5FT SIDEWALK ALONG STRAWBERRY LANE, WHICH WILL BE BROUGHT UP TO CURRENT ADA AND METRO STANDARDS. AND THEN THERE'S A FIVE FOOT SIDEWALK FOR ESTELLE AVENUE.

OKAY. AND THEN MY FINAL QUESTION ON THIS. IS THERE A WAY IN THIS MIGHT BE A QUESTION FOR TRAVIS TO. I'M TRYING TO FIND THE RIGHT WORDS TO LIMIT THE AMOUNT OF TIRES LEFT ON THE PROPERTY, NOT COVERED OR IN A BAY OF SOME SORT. IT'S JUST BEEN BROUGHT TO MY ATTENTION OVER A COUPLE OTHER

[01:20:03]

CASES IN THE DISTRICT. WE HAVE ONE PLACE OVER OLD THIRD STREET THAT HAD ABOUT A THOUSAND TIRES JUST SITTING OUTSIDE AT ONE POINT, AND WE WANT TO DO SOMETHING TO MITIGATE THAT AND FIGURE THAT OUT. IS THERE IS THERE SOMETHING IN HERE WE CAN INCORPORATE THAT? SO THAT KIND OF OUTDOOR STORAGE, I THINK WOULD BE SORT OF GENERALLY PROBLEMATIC FROM A ZONING PERSPECTIVE. IF YOU WANT TO I HATE TO ON THE FLY GIVE YOU THE SORT OF ABSOLUTE NUMBER ON WHAT A VISIBLE TIRE OUTDOOR MIGHT BE, BECAUSE YOU CAN PROBABLY ADVERTISE A PRODUCT SORT OF ON A CORNER IF YOU WANTED. SO NOT SOMETHING WE CAN DO ON THE FLY. I'M HAPPY TO TAKE A LOOK. YEAH.

CAN WE JUST LOOK AT IT? WE CAN'T MOVE. MOVE TODAY. LET'S LOOK AT IT OVER THE NEXT WEEK AND THEN COME, COME BACK TO IT BEFORE. BEFORE IT COMES TO THE FULL COUNCIL. SURE. THANK YOU.

ANYBODY ELSE WITH QUESTIONS OR CONCERNS ABOUT THIS ONE? CHERYL, IF YOU'LL OPEN UP THE ROLL CALL, VOTE, PLEASE. VOTING IS OPEN. THANK YOU. COUNCIL MEMBER. PARIS RIGHT THERE. COUNCILMEMBER PARIS, RIGHT. YES. THANK YOU. VOTING IS CLOSING. CHAIR. YOU HAVE SEVEN YES VOTES. THANK YOU.

SEVEN YES VOTES. THIS WILL BE MOVED TO OLD BUSINESS ON THE METRO COUNCIL AGENDA. NEXT ITEM ON THE AGENDA IS ITEM NUMBER 60-14325. AN ORDINANCE RELATING TO THE ZONING OF PROPERTY

[6. O-143-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTY LOCATED AT 941 EAST MAIN STREET CONTAINING APPROXIMATELY 0.382 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0132). Action Required By:August 27, 2025 **Council Member Ken Herndon (D-4) can vote on this zoning change** Sponsors: Andrew Owen (D-9) ]

LOCATED AT 941 EAST MAIN STREET, CONTAINING APPROXIMATELY 0.82 ACRES AND BEING IN LOUISVILLE METRO. CASE NUMBER 24, ZONE 0132. CAN I GET A MOTION PROPERLY MOVED AND SECONDED.

BRIAN. OKAY, THIS IS ORDINANCE ZERO OR OH 143 DASH 25 FOR PLANNING COMMISSION DOCKET NUMBER 24, ZONE 132. THE PROPERTY IS LOCATED AT 941 EAST MAIN STREET. THIS IS LOCATED METRO COUNCIL DISTRICT FOUR. THE PROPERTY IS OUTLINED IN RED HERE. AS YOU CAN SEE, IT'S AN EXISTING COMMERCIAL AREA AND THEY'RE PROPOSING COMMERCIAL. THE EXISTING ZONING IS AT THE FRONT. SO ALONG THE EAST MAIN STREET FRONTAGE IS CM AND THEN AT THE REAR IT'S R-6. THEY'RE PROPOSING TO REZONE ALL THIS TO C2. SO THE REQUEST IS A CHANGE IN ZONING FROM R6 AND CM TO C2.

THE EXISTING PARKING LOTS PREVIOUSLY PREVIOUSLY ARE SERVED. THE PLUMBERS SUPPLY BUILDING THAT IS PROPOSING TO REZONE TO C2 FOR TO ALLOW FOR THE CONTINUED USE OF THE EXISTING PARKING LOT. SO AS YOU CAN SEE, IT WILL CONTINUE TO OPERATE AS A PARKING LOT AND WOULD BE REZONED TO C2. THIS IS JUST SOME PHOTOS OF THE EXISTING PROPERTY HERE. AND THEN THESE ARE SOME OF THE ADJACENT PROPERTIES. THIS IS BACK TOWARDS THE REAR SORRY. AND THEN THIS IS ACROSS ACROSS MAIN STREET RIGHT ACROSS FROM THE LINCOLN SCHOOL. SO THE APPLICANT CONDUCTED A NEIGHBORHOOD MEETING ON SEPTEMBER 26TH, 2020 FOR THE LAND DEVELOPMENT TRANSPORTATION COMMITTEE. MEETING WAS ON MAY 8TH AND THEN THE PLANNING COMMISSION PUBLIC HEARINGS ON MAY 29TH, 2025. THE MOTION TO RECOMMEND APPROVAL OF THE CHANGE IN ZONING WAS FROM R6 TO CM, PASSED BY A VOTE OF 9 TO 0. THAT'S ALL I HAVE. ANY QUESTIONS FOR ME? THANK YOU. RYAN.

COUNCILMAN HERNDON WAS HERE EARLIER AND HAD GOT CALLED AWAY, BUT HE HAS EXPRESSED HIS SUPPORT FOR THIS FOR THIS ITEM. IT'S IN HIS DISTRICT COUNCIL, DISTRICT FOUR. LET'S SEE HERE, COUNCILMAN BASHAM. THANK YOU, MR. CHAIR. JUST JUST FOR CLARITY, WE'RE REZONING THE PARKING LOT TO C2 TO LEAVE IT AS A PARKING LOT. IS THAT CORRECT? THAT IS CORRECT. THAT HERE. THAT RIGHT? YES.

OKAY. DO WE NEED TO ADD A STANDARD BINDING ELEMENT TO THAT. AND IF THERE'S ANY CHANGES OR WHATNOT TO COME BACK TO COUNCIL. I. JUST OUT OF PRECAUTION I WOULD ASK FOR IT IN MY DISTRICT THAT WAY. BUT I WAS JUST COUNCILMAN HERNDON DIDN'T ASK FOR IT. SO I THINK WE'LL JUST MOVE FORWARD AS IT IS. OKAY. ANYBODY ANY OTHER QUESTIONS OR CONCERNS? CHERYL, IF YOU OPEN UP THE ROLL CALL, VOTE. COUNCILMEMBER PARIS. RIGHT? YES. VOTING'S CLOSING CHAIR, YOU HAVE SEVEN YES VOTES. THE SEVEN YES VOTES. THIS WILL BE MOVED TO OLD BUSINESS ON THE

[7. O-144-25     AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 4201 TAYLOR BOULEVARD AND 1056 BLUEGRASS AVENUE CONTAINING APPROXIMATELY 1.7 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 24ZONE0138). Action Required By: August 13, 2025 Sponsors: Andrew Owen (D-9) ]

METRO COUNCIL AGENDA. THE NEXT ITEM IS NUMBER 70-14425. AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 4201 TAYLOR BOULEVARD AND 1056 BLUEGRASS AVENUE, CONTAINING APPROXIMATELY 1.7 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 24, ZONE 0138. CAN I GET A MOTION? PROPERLY MOVED, PROPERLY MOVED AND SECONDED. BRIAN OKAY, THIS IS OH, DASH 144

[01:25:03]

DASH 25 FOR PLANNING COMMISSION NUMBER 24, ZONE 138 FOR MEDICAL OFFICE. THE PROPERTY IS LOCATED AT 4201 TAYLOR BOULEVARD AND 1056 BLUEGRASS AVENUE. LOCATED METRO COUNCIL DISTRICT 21. THIS IS AN AERIAL PHOTO OF THE EXISTING SITE. TAYLOR BOULEVARD IS OVER ONTO THE LEFT SIDE OF THE PHOTO. IT'S CURRENTLY AN INSTITUTIONAL USE AND THE APPLICANT'S PROPOSING COMMERCIAL USE HERE ON THE SITE. SO THE REQUEST AGAIN IS A CHANGE IN ZONING FROM R5 TO C1. YOU CAN SEE THAT THERE IS A COMBINATION OF R5 ALONG BLUEGRASS AVENUE AS YOU GO TO THE TO THE EAST AND THEN ALONG TAYLOR BOULEVARD, YOU HAVE A COMBINATION OF C1 AND C2 ZONINGS. SO THE REQUEST BEFORE YOU CHANGE THE ZONING FROM R5 TO C1 SITES, APPROXIMATELY 1.7 ACRES, THEY'RE PROPOSING A NEIGHBORHOOD HEALTH CENTER. NO NEW CONSTRUCTION IS PROPOSED. AND THEN TAYLOR BOULEVARD IS AN ARTERIAL LEVEL ROADWAY WITH A MIXTURE OF INTENSITIES AND DENSITIES AND ZONING, AS YOU SAW ON THE ON THE MAP. SO THIS IS THE DEVELOPMENT PLAN THAT WAS PROVIDED BY THE APPLICANT. THE AGAIN, THERE WOULD BE NO NEW CONSTRUCTION. THEY'D BE UTILIZING THE EXISTING STRUCTURES ON THE SITE, AS WELL AS EXISTING PARKING AND IN THE EXISTING CURB CUTS. SO THIS IS A PHOTO OF THE SITE LOOKING FROM TAYLOR BOULEVARD AT THE STRUCTURE. THIS IS ANOTHER PICTURE LOOKING ALONG BLUEGRASS AVENUE. ADJACENT PROPERTIES. THE APPLICANT CONDUCTED A NEIGHBORHOOD MEETING ON MARCH 26TH, 2020 FOR LAND DEVELOPMENT. TRANSPORTATION COMMITTEE MEETING WAS ON MARCH 27TH, 2025. THE PLANNING COMMISSION PUBLIC HEARINGS ON MAY 15TH, 2025, AND THERE WAS A MOTION TO RECOMMEND APPROVAL OF THIS CHANGE IN ZONING FROM R5 TO C1 THAT PASSED BY A VOTE OF 9 TO 0. THAT'S ALL I HAVE. UNLESS YOU HAVE ANY QUESTIONS FOR ME. THANK YOU.

BRIAN. I'LL TURN IT OVER TO COUNCILWOMAN RUBY, WHO CAN SPEAK TO IT IS IN HER DISTRICT. THANK YOU VERY MUCH. SO THIS IS A FORMER CHURCH, AND AS WE KNOW, CHURCHES IN THEIR SIZE AND THEIR SHAPE AND EVERYTHING CAN SOMETIMES BE A CHALLENGE FOR HOW TO REDEVELOP. SO THIS IS BEING REDEVELOPED AS A MEDICAL CLINIC. AND HE WE'VE MET WITH THE DEVELOPER THERE AND HE'S HOPING TO EVENTUALLY PUT IN A NURSING SCHOOL. AND HE'S EAGER TO WORK WITH THE COMMUNITY TO ENSURE THEY STILL HAVE ACCESS. THERE'S A BASKETBALL COURT BACK THERE, AND HE EXPRESSED VERY MUCH INTEREST IN SUPPORTING OUR COMMUNITY. AND SO WE ARE IN FULL SUPPORT OF THIS DEVELOPMENT. BUT YOU CAN ALSO LET YOU KNOW THAT THAT THAT MAKES THE FOURTH CORNER ON THAT INTERSECTION WILL BE COMMERCIAL. SO YOU'VE GOT A BODY SHOP ACROSS TAYLOR BOULEVARD, YOU'VE GOT THORNTON'S CATTY CORNER, AND THEN YOU'VE GOT A DOLLAR DOLLAR GENERAL ACROSS ACROSS BLUEGRASS. SO THAT'S ALL FOUR CORNERS OF THIS COMMERCIAL AREA. SO I'M IN FULL SUPPORT OF THIS. THANK YOU.

THANK YOU. DON'T THINK I HAVE ANYBODY ELSE IN THE QUEUE. ANYBODY ELSE WITH QUESTIONS OR CONCERNS. NO QUESTIONS OR CONCERNS CHERYL, IF YOU'LL OPEN UP THE ROLL CALL, VOTE. COUNCIL MEMBER. PARISH. RIGHT. YES. COUNCIL MEMBER. HUDSON. BOWDEN'S CLOSING CHAIR. YOU HAVE SIX YES VOTES. WE SIX VOTES. THIS WILL BE PASSED ON TO THE OLD, OLD BUSINESS ON THE METRO COUNCIL AGENDA. THAT WAS ITEM NUMBER SEVEN. WE'VE DONE ITEM NUMBER EIGHT. WE'LL BE HOLDING NUMBERS NINE AND TEN. I KIND OF WANT TO SKIP TO ITEM NUMBER 13, WHICH IS 0-14525. AN ORDINANCE RELATING

[13. O-145-25     AN ORDINANCE RELATING TO THE PLANNED DEVELOPMENT OPTION FOR PROPERTY LOCATED AT 2004 BANK STREET CONTAINING APPROXIMATELY 0.12 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 25-CAT3-0001). Action Required By: December 12, 2025 Sponsors: Andrew Owen (D-9) ]

TO THE PLANNED DEVELOPMENT OPTION FOR PROPERTY LOCATED AT 2004 BANK STREET, CONTAINING APPROXIMATELY 0.12 ACRES AND BEING IN LOUISVILLE METRO CASE NUMBER 22 FIVE DASH CAT CAT 3-0001. CAN I GET A MOTION PROPERLY MOVED? AND A SECOND PROBABLY MOVED AND SECONDED.

BRIAN. OKAY, THIS IS ORDINANCE 0-1 4525 FOR PLANNING COMMISSION DOCKET NUMBER 25, CAT 30001 FOR BANK STREET DUPLEX PROPERTIES LOCATED AT 2004 BANK STREET, IS LOCATED METRO COUNCIL DISTRICT FIVE. THIS IS AN OUTLINE OF THE PROPERTY HERE IN THE TURQUOISE. THAT'S THE EXISTING STRUCTURE, CURRENTLY RESIDENTIAL IN NATURE. THEY ARE PROPOSING TO LEAVE THAT. AS YOU CAN SEE, THIS PROPERTY IS LOCATED NEAR THE INTERSECTION OF BANK STREET AND 20TH STREET. SO HERE IS THE ZONING MAP OF THE AREA. THE PROPERTY IS ZONED U IN, WHICH IS URBAN NEIGHBORHOOD. IT'S LOCATED IN THE TRADITIONAL NEIGHBORHOOD FORUM DISTRICT. SO THE URBAN NEIGHBORHOOD. SO THE REQUEST BEFORE YOU TODAY IS FOR AN URBAN NEIGHBORHOOD PLAN DEVELOPMENT OPTION, WHICH IS SOMETHING THAT IS PERMITTED IN THE LAND DEVELOPMENT CODE, WHICH WOULD PERMIT TO CONVERT THE EXISTING STRUCTURE INTO TWO DWELLING UNITS. THE SITE IS APPROXIMATELY 0.12 ACRES. IT'S NEAR THE INTERSECTION OF NORTH 20TH STREET AND BANK STREET. THEY'RE PROPOSING TO UTILIZE THE PLAN

[01:30:04]

DEVELOPMENT OPTION AVAILABLE WITHIN THE UN ZONING DISTRICT TO CONVERT THE STRUCTURE INTO A DUPLEX. OFF STREET PARKING IS AVAILABLE FROM THE ALLEY AND ON BANK STREET. SO THIS IS THE EXISTING STRUCTURE. HERE YOU SEE THE OUTLINE. THE ALLEY DOES COME OVER. AND THEN THERE'S A ROOM FOR PARKING OFF STREET BEHIND THE STRUCTURE. THE STRUCTURE ITSELF IS APPROXIMATELY. THE BUILDING FOOTPRINT IS APPROXIMATELY 1450 FOUR SQUARE FEET. THIS IS A VIEW OF THE PROPERTY FROM GOOGLE STREET VIEW. LOOKING FROM BANK STREET AT THE FRONT OF THE OF THE OF THE STRUCTURE. THESE ARE SOME OF THE ADJACENT PROPERTIES. SO THE PLANNING COMMISSION CONDUCTED A PUBLIC HEARING ON THIS ITEM ON MAY 29TH, 2025. THERE WAS A MOTION TO RECOMMEND APPROVAL, THE PLAN DEVELOPMENT OPTION IN THE UN ZONING DISTRICT, AND THAT PASSED BY A VOTE OF 9 TO 0. AND THAT'S ALL I HAVE. ANY QUESTIONS FOR ME? THANK YOU. BRIAN, I DON'T WANT TO BELABOR THIS POINT TOO MUCH. I'M PRETTY UNFAMILIAR WITH THE UN ZONING. HOW MANY HOW BROAD IS THAT ZONING ACROSS JEFFERSON COUNTY? DO WE HAVE A LOT OF PLACES THAT HAVE THAT ZONING? WE DON'T HAVE A LOT OF PLACES. NOW. ONE OF THE THINGS THAT CAME OUT OF THE PORTLAND NEIGHBORHOOD PLAN WAS A REZONING OF A LOT OF THE RESIDENTIAL AREAS FROM R6 TO UN. AND SO THIS WAS AN AREA WIDE REZONING. IT WAS COMPLETED ABOUT EIGHT YEARS AGO. IF I HAD TO PUT A DATE ON IT. AND ONE OF AND ONE OF THE DIFFERENCES IN THAT ZONING IS THIS OPTION TO DO A CATEGORY THREE REVIEW TO GO FROM ONE UNIT TO TWO. THAT IS CORRECT. YES. SO THERE'S A UN PLAN DEVELOPMENT OPTION FOR THAT IN THE TRADITIONAL NEIGHBORHOOD FORM DISTRICT. AND SO YEAH, IT'S KIND OF A UNIQUE THING THAT'S PERMITTED. BUT BUT WHEN PEOPLE REQUEST THAT IT HAS TO GO TO THE TO THE FULL PLANNING COMMISSION AND THEN ON TO METRO COUNCIL FOR FINAL. AND THAT'S WHAT'S THAT'S WHAT I WAS GETTING READY TO SAY.

IT'S SURPRISED ME THAT WITH THAT BUILT IN, THAT IT STILL HAS TO GO TO THE FULL PLANNING COMMISSION AND FULL METRO COUNCIL. RIGHT. IT'S AN INTERESTING IT SEEMS LIKE IT OUGHT TO BE A QUICK AND EASY THING WITH A CATEGORY THREE REVIEW, BUT THEN IT HAS TO GO THROUGH THE FULL, FULL PROCESS, WHICH SEEMS SURPRISING TO ME, BUT CORRECT. OKAY, SO WE DID A SIMILAR THING. IT WASN'T THE UN ZONING. I THINK IN OUR LAST MEETING IN IN DISTRICT FIVE. I HAVE NOT HEARD FROM COUNCILWOMAN PURVIS ON THIS, BUT SINCE SHE APPROVED THE ONE THAT WE DID LAST WEEK THAT WAS VERY SIMILAR, CHANGING A SINGLE FAMILY INTO A DUPLEX, MY SUGGESTION IS TO GO AHEAD AND PASS THIS THROUGH TO FULL COUNCIL. ANYBODY ELSE HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS? CHERYL, CAN YOU OPEN UP THE ROLL CALL? PLEASE? VOTING IS OPEN. COUNCIL MEMBER PARIS, RIGHT? YES. VOTING IS CLOSING. CHAIR. YOU HAVE SIX YES VOTES. THANK YOU. WITH SIX YES VOTES WILL BE MOVED ON TO OLD BUSINESS ON THE METRO COUNCIL AGENDA. MR. CHAIR, FOR WHAT IT'S WORTH, THIS COULD GO TO CONSENT BECAUSE IT'S NOT REZONING. BUT LET'S MOVE IT TO CONSENT THEN. AND IF.

COUNCILWOMAN, I'LL MAKE A NOTE TO CHECK WITH COUNCILWOMAN PURVIS IF SHE WANTS TO. MOVE IT TO OLD BUSINESS. THANK YOU. TRAVIS. SO IT'S 235. WE HAVE TWO MORE ITEMS ON THE AGENDA THAT ARE ORDINANCE RELATING TO TRANSITIONAL HOUSING. I'M SOMEWHAT HESITANT TO GET STARTED. I DON'T KNOW HOW LONG THESE ARE GOING TO TAKE. IS THERE ARE THESE THESE ARE TRAVIS ARE THESE ITEMS THAT HAVE A TIME FRAME ON THEM? THEY DON'T OTHER THAN COUNCIL'S OWN SORT OF SIX MONTH THEORY, BUT AS LONG AS THE PLANNING DIRECTION, AS LONG AS THE PLANNING COMMISSION HAS ISSUED ITS RECOMMENDATION, YOU ALL HAVE A LONG PERIOD OF TIME TO RESPOND TO LDC CHANGES. OKAY, BRIAN, UNLESS IT'S I THINK THE ARE YOU GUYS REALLY WANTING US TO MOVE THIS? I THINK THE ARE 58R5B TRANSITIONAL HOUSING ONE SHOULD GO QUICKLY OKAY. OTHER ONE IF YOU WANT TO WAIT ON THAT THEN I THINK THAT WOULD PROBABLY BE A GOOD IDEA BECAUSE WE DON'T HAVE A WHOLE LOT OF NEW BUSINESS COMING TO YOU ALL. SO WHEN WE COME BACK, WE CAN REALLY SPEND SOME TIME ON IT. THEN WE'LL

[12. O-140-25     AN ORDINANCE AMENDING SECTION 4.3.14 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE (“LDC”) REGARDING DENSITY/OCCUPANCY REQUIREMENTS FOR TRANSITIONAL HOUSING PERMITTED BY RIGHT WITH SPECIAL STANDARDS IN R-5A AND R-5B ZONING DISTRICTS (CASE NO. 24-LDC-0012). Action Required By: December 12, 2025 Sponsors: Andrew Owen (D-9) ]

WE'LL HOLD ITEM 11 AND WE'LL MOVE ON THEN TO ITEM 12 WHICH IS 0-14025. AN ORDINANCE AMENDING SECTION 4.3.14 OF THE LOUISVILLE METRO LAND DEVELOPMENT CODE REGARDING DENSITY OCCUPANCY REQUIREMENTS FOR TRANSITIONAL HOUSING PERMITTED BY RIGHT, WITH SPECIAL STANDARDS IN R5 AND R5 ZONING DISTRICTS. CASE NUMBER TWO FOUR DASH LDC DASH 0012. CAN I GET A MOTION? MOTION, MOTION PROPERLY MOVED AND SECONDED. ALL RIGHT. READY. GOOD AFTERNOON, JOE HABERMAN, OFFICE OF PLANNING. OKAY. THANK YOU JOE. SO THIS IS A RELATIVELY STRAIGHTFORWARD AMENDMENT. SO

[01:35:03]

THE REASON WHY WE TOOK UP THIS PROJECT WAS AT THE REQUEST OF METRO COUNCIL, A RESOLUTION WAS PASSED ASKING US TO TAKE A LOOK AT THE DENSITY ALLOWED FOR TRANSITIONAL HOUSING VERY NARROWLY IN THE R5 AND R5 ZONING DISTRICTS. AND THE CODE USES THE TERM DENSITY. BUT WE ARE TRYING TO CLARIFY THAT IT REALLY MEANS OCCUPANCY IN THIS CONTEXT. IT'S NOT THE NUMBER OF DWELLING UNITS NECESSARILY, IT'S THE NUMBER OF PEOPLE THAT CAN BE ON THE SITE, THE NUMBER OF BEDS. AT THE SAME MEETING, COUNCIL ALSO PASSED THE ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THESE TYPES OF APPLICATIONS. UNTIL WE ARE ABLE TO COMPLETE OUR REVIEW JUST FOR SOME HISTORY, THE INITIAL OCCUPANCY DENSITY STANDARDS WERE PUT INTO PLACE IN 2010. THAT IS, WHEN COUNCIL CREATED THE TRANSITIONAL HOUSING USE TYPE. PREVIOUSLY, THEY WERE REGULATED A LITTLE BIT DIFFERENTLY, SOME AS BOARDING HOMES, SOME AS REHABILITATION HOMES. THERE WAS SOME ADDITIONAL CLARITY ADDED AT THAT POINT. THEN TEN YEARS LATER, WE STARTED DOING SOME ADDITIONAL REVISIONS TO UPDATE THOSE REGULATIONS THAT WERE ADOPTED LATER IN 2021, WHERE WE ADDED SOME IMPROVEMENTS TO THE STANDARDS AND SOME OTHER THINGS RELATED TO TRANSITIONAL HOUSING. BUT THIS PARTICULAR PROVISION, THE OCCUPANCY ALLOWED ON ANY OF THE ZONING DISTRICTS, NOT JUST R5 AND R5, BE THEY WERE NOT ADJUSTED AT THAT TIME. WE DID NOT, AS PART OF THAT PROCESS, GET A LOT OF FEEDBACK ONE WAY OR THE OTHER THAT THE OCCUPANCY ALLOWANCES WERE INAPPROPRIATE. AND I'LL JUST CLARIFY, THIS MIGHT BE ON THE NEXT SLIDE, BUT THE WAY IT WORKS IS THERE'S ESSENTIALLY A BY RIGHT OCCUPANCY ALLOWANCE. IF YOU DON'T MEET THAT THEN YOU APPLY FOR A CONDITIONAL USE PERMIT. SO THERE'S NOT NECESSARILY A CAP IN THE ZONING. THERE MIGHT BE A CAP BY BUILDING CODE OR OTHER OCCUPANCY REQUIREMENTS. BUT BASICALLY IF YOU ARE UNDER THIS LIMIT, YOU CAN BE APPROVED ADMINISTRATIVELY WITH THE LICENSE. AND IN SOME CASES YOU MIGHT NEED SOME BUILDING PERMITS, BUT YOU DON'T NEED TO GO TO A HEARING. IF YOU GO OVER THAT LIMIT, YOU HAVE TO HAVE A HEARING, WHICH IS USUALLY BY THE BOARD OF ZONING ADJUSTMENT. IF IN CONCERT WITH A REZONING, IT COULD BE HEARD BY THE PLANNING COMMISSION. SO JUST SO THAT EVERYBODY UNDERSTANDS HOW WE APPROACH TRANSITIONAL HOUSING, IT IS THERE'S SEVERAL TYPES OF GROUP HOUSING THAT WE REGULATE BOARDING HOMES, TRANSITIONAL HOUSING AND REHABILITATION HOMES, AND TO A DEGREE, HOMELESS SHELTERS. THEY ALL HAVE THEIR OWN UNIQUE STANDARDS, THEIR OWN UNIQUE PLACES WHERE THEY'RE ALLOWED BY RIGHT, WHERE THEY'RE ALLOWED BY RIGHT, IF THEY MEET SOME STANDARDS, AND WHERE A CONDITIONAL USE REQUIREMENT IS, IS THERE. AND IN SOME CASES, THERE'S ZONING DISTRICTS WHERE THEY MAY BE PROHIBITED. BUT GENERALLY TRANSITIONAL HOUSING IS ALLOWED EVERYWHERE CONVENTIONAL HOUSING IS ALLOWED. AND THAT WAS PART OF THE 2010 ORDINANCE, WAS TO MAKE SURE THAT THAT WAS CLEAR. SO AGAIN, THIS HAS TO DO EXCLUSIVELY WITH R5 AND R5. B. SO THE WAY THE FORMULA WORKS NOW AS TO WHAT IS ALLOWED BY RIGHT IT IS YOU TAKE THE DENSITY OF THAT IS ALLOWED FOR THE NUMBER OF DWELLING UNITS ON THE PROPERTY. THAT IS KIND OF THE KEY COMPONENT, AS WELL AS THE AVERAGE FAMILY SIZE, NOT HOUSEHOLD SIZE, AS SET FORTH IN THE CENSUS. SO IF THE BUILDING IS A DWELLING UNIT, IT'S 12 PER ACRE. IT IF IT IS CONSTRUCTED UNDER COMMERCIAL CODE, IT'S 35 PER ACRE. BECAUSE YOU MULTIPLY THAT FURTHER BY THE AVERAGE FAMILY SIZE. I'LL JUST NOTE THAT WHILE THE CODE ALLOWS THOSE TWO OPTIONS, IT'S THE CURRENT INTERPRETATION BY CODES AND REGS THAT ALL THESE STRUCTURES NEED TO MEET COMMERCIAL CODE. IN EFFECT YOU'RE LOOKING AT THE SECOND NUMBER. SO FOR R5 A YOU'RE LOOKING AT 35 PEOPLE PER ACRE IS WHAT IT'S ALLOWED.

THAT'S THE OCCUPANCY AND R5 B IT'S A LITTLE BIT DIFFERENT. THE DENSITY IS BASED ON LOTS, NOT NECESSARILY BASED ON THE ACREAGE OF THOSE LOTS. SO IT'S TWO PER LOT IF THE STRUCTURE IS BUILT AS A DWELLING UNIT UNDER RESIDENTIAL CODE, IT'S FIVE PER LOT. IF IT'S BUILT UNDER COMMERCIAL CODE. AND AGAIN, AS OF NOW, WE REQUIRE ALL THESE TO MEET THE COMMERCIAL CODE. SO IT'S REALLY FIVE PER LOT. SO SINCE 2021 WHEN WE LAST DID THAT UPDATE, WE HAVE RECEIVED COMMENTS THROUGH ENFORCEMENT ACTION, THROUGH SOME OTHER REVIEWS OF THE LICENSING APPLICATIONS. AND SOME PEOPLE ARE CONCERNED THAT WHEN YOU HAVE A VERY LARGE R5 A PROPERTY, IT COULD RESULT IN A VERY HIGH OCCUPANCY. BECAUSE ONE THING THAT THE REQUIREMENT CURRENTLY DOESN'T TAKE INTO CONSIDERATION IS HOW MANY DWELLING UNITS ARE ON SITE. IT JUST IS. THIS IS THE

[01:40:01]

NUMBER OF PEOPLE THAT CAN BE ON THAT PROPERTY BASED ON THAT FORMULA THAT I JUST SHOWED YOU.

SO YOU COULD HAVE MORE OR LESS UNITS THAN NORMALLY ALLOWED, AND NORMALLY IT'S GOING TO BE LESS.

BUT IF YOU'RE ZONING ALLOWS 12 DWELLING UNITS, YOU'RE NOT REQUIRED TO HAVE 12. YOU MIGHT ONLY HAVE ONE OR A FEWER NUMBER. IN SOME CASES IT MIGHT BE MORE. IN NON-CONFORMING SITUATIONS, YOU MIGHT HAVE A SITUATION WHERE IT WAS BUILT BEFORE THAT ZONING WAS APPLIED. SO IT HAS A HIGHER NUMBER. SO BUT IT THE REALITY IS THE FORMULA DOESN'T TIE INTO THAT. SO YOU CAN END UP WITH A VERY HIGH NUMBER AND ONLY ONE BUILDING ON THE PROPERTY. SO AGAIN LOOKING AT R5 AND R5, B WHILE THEY ARE CLASSIFIED AS MULTI-FAMILY ZONES AND THE LAND DEVELOPMENT CODE, THEY'RE A LITTLE BIT DIFFERENT. THEY HAVE THE LOWEST DENSITIES THAN OTHERS. THAT'S WHY THEY'RE KIND OF SUBSETS OF R5. AND IN R5 A WHAT YOU SEE IS GENERALLY SINGLE FAMILY HOUSING. EVEN THOUGH IT'S MULTIFAMILY, IT'S MULTIFAMILY TYPICALLY PER LOT, NOT NECESSARILY MULTIFAMILY AND CONSTRUCTION. SO YOU SEE A LOT OF ATTACHED AND DETACHED STRUCTURES. AND THEN AN R5, B, YOU TYPICALLY SEE DUPLEXES. IT'S MORE OF A TWO FAMILY ZONING. SO THIS IS A MAP THAT IS PROBABLY A LITTLE BIT DIFFICULT TO READ. BUT THE POINT OF THE MAP IS TO SHOW THAT THESE DISTRICTS ARE LOCATED THROUGHOUT JEFFERSON COUNTY. THEY'RE NOT NECESSARILY ISOLATED IN ONE AREA OR ANOTHER.

YOU CAN FIND THEM PRETTY MUCH IN EVERY COUNCIL DISTRICT. AND WE'RE LOOKING AT A LITTLE BIT OVER 3000 PARCELS THAT ARE ZONED R5 AND A LITTLE BIT OVER 1000 PARCELS THAT ARE ZONED R5, B AND JUST ANOTHER NOTE, THIS IS PROBABLY THE MOST MINOR CHANGES IN THERE. THE FAMILY SIZE, AS IS DICTATED BY CENSUS. SO IN THE EXAMPLE THAT'S IN THE CODE NOW IT'S 2.98. SINCE THAT 2010, THAT NUMBER HAS GONE DOWN VERY MODESTLY TO 2.97. THE CODE, AS IT'S WRITTEN CONTEMPLATES CHANGE. SO IT'S OKAY. WE USE THE 2.97 NOW, BUT WE JUST WANT TO UPDATE THAT. BUT WHILE WE'RE DOING THAT, IT REFERS TO DECENNIAL DATA. AND DECENNIAL DATA DOESN'T CAPTURE FAMILY SIZE. IT CAPTURES HOUSEHOLD SIZE, WHICH IS A DIFFERENT NUMBER. IT'S USUALLY A LITTLE BIT LOWER BECAUSE IT TAKES INTO ACCOUNT ONE PERSON HOUSEHOLDS. SO TO ADDRESS THE CONCERN THAT COUNCIL SET FORTH IN THE RESOLUTION, WE CAN CONTINUE TO ALLOW TRANSITIONAL HOUSING IN R5 AND R5 BE. BUT WE CAN ADJUST THAT BY RIGHT DENSITY DOWN TO THE SAME STANDARD THAT WE USE FOR SINGLE FAMILY ZONES, WHICH IS THREE PER DWELLING UNIT OR LOT. THAT'S WHAT IT IS FOR SINGLE FAMILY. DOESN'T MATTER WHAT TYPE OF SINGLE FAMILY, IT'S THREE PER LOT. IF YOU GO ABOVE THAT, YOU NEED A CONDITIONAL USE PERMIT. SO WE'RE NOT SAYING IF YOU GO ABOVE THREE YOU CAN'T DO IT. WE'RE SAYING NOW YOU NEED TO HAVE A HEARING. THE BOARD OF ZONING ADJUSTMENT CAN LOOK AT THAT CASE, LOOK AT ANY CIRCUMSTANCES AND EITHER DENY IT OR ADD ADDITIONAL CONDITIONS TO MAKE SURE THAT NEIGHBORS DON'T HAVE ANY ADVERSE IMPACTS ON THEM. AND THEN WE ALSO JUST WANT TO REORGANIZE THAT SECTION AS IT'S WRITTEN NOW, IT'S A LONG, MEANDERING PARAGRAPH THAT IS VERY DIFFICULT TO READ. WE WANTED TO BREAK IT APART BY THE THREE DISTINCT SITUATIONS FOR ZONING, TO KIND OF CLARIFY WHAT APPLIES IN EACH ZONING CATEGORY. SO WE JUST WANTED TO TAKE THIS OPPORTUNITY TO REFORMAT THAT TO MAKE IT EASIER TO READ. THAT'S WHY IT LOOKS LIKE THERE'S A LOT MORE CHANGES THAN THERE ARE WITH STRIKETHROUGH AND UNDERLINES. SO WITH THAT, THE PLANNING COMMISSION HELD A PUBLIC HEARING ON MAY 15TH, 2015. THEY VOTED UNANIMOUSLY TO RECOMMEND APPROVAL OF THIS CHANGE, NOT ONLY TO METRO COUNCIL, BUT TO THE CITIES WITH SUBURBAN ZONING AUTHORITY. AND ONE MEMBER WAS ABSENT, AND THE PLANNING COMMITTEE HELD THEIR MEETING TO REVIEW THE APPLICATION OR THE CASE ON APRIL 21ST, 2025. WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU, JOE COUNCILWOMAN. THANK YOU VERY MUCH. SO MY FIRST QUESTION REGARDS WITH CONDITIONAL USE PERMITS FOR SHORT TERM RENTALS. IF THEY'RE HAVING PROBLEMS WITH SHORT TERM RENTAL, WE CAN PULL THEIR CUP. THAT THAT THAT THAT CAN BE AS A PENALTY. AND THERE'S NO SUCH THING OVER HERE WITH A GROUP HOME. AND WE KNOW THAT NOT NOT ALL OF OUR GROUP HOMES ARE OPERATED. REPUTABLY. AND I WOULD LIKE TO SEE SOME SORT OF AN ENFORCEMENT MECHANISM ADDED TO ENSURE THAT IF THEY'RE NOT DOING THINGS IN THE WAY THAT WE WISH, THAT THEIR CUP OR WHATEVER CAN BE PULLED. SO GOOD NEWS THERE. IT'S NOT IN THE DRAFT THAT I

[01:45:04]

PROVIDED BECAUSE IT'S IN A LATER SECTION, AND I WAS TRYING TO KEEP IT AS CONDENSED AS POSSIBL.

IN 2021, WE ADDED SOMETHING SIMILAR TO TRANSITIONAL HOUSING AND REHABILITATION HOMES AND BOARDING HOMES THAT WE HAD IN PLACE FOR SHORT TERM RENTALS. SO IN SUMMARY, WE CAN REVOKE ANY CONDITIONAL USE PERMIT FOR NONCOMPLIANCE WITH THE TERMS OF THE CONDITIONAL USE PERMIT. WE DON'T NEED TO HAVE SPECIAL LANGUAGE TO THAT. BUT WHAT WE DID FOR TRANSITIONAL HOUSING IN 2021 IS WE ADDED LANGUAGE THAT WOULD AUTOMATICALLY TRIGGER THAT PROCESS, WHICH IS TO SUBSTANTIATED COMPLAINTS. AND A, I BELIEVE, ONE YEAR PERIOD. SO THAT'S ALREADY ON THE BOOKS. WE ALWAYS CAN TAKE A LOOK AT THAT AND SEE IF THAT'S, YOU KNOW, APPROPRIATE MOVING FORWARD. BUT THERE IS SOMETHING IN THERE. BUT EVEN IF IT WEREN'T IN THERE, WE CAN ALWAYS REVOKE A CONDITIONAL USE PERMIT. THERE'S A PROCESS FOR IT. IT'S SET FORTH IN STATE LAW. WE HAVE TO HAVE A REVOCATION HEARING. BUT IT'S SOMETHING THAT WE CAN DO. OKAY. I'M VERY GLAD TO HEAR THAT. THEN MY NEXT QUESTION INVOLVES DENSITY OF TRANSITIONAL HOUSING UNITS, BECAUSE THEY SEEM TO BE FALLING INTO THE SAME NEIGHBORHOODS OVER AND OVER AGAIN. AND I KNOW THIS IS A VERY COMPLICATED ONE, AND IT'S SOMETHING THAT'S GOING TO ENTAIL GREATER DISCUSSION, BUT I WOULD LIKE TO SEE SOME SORT OF AN ADDITION TO THE ORDINANCE THAT PREVENTS AN OVERWHELMING DENSITY. SO AGAIN, WE'RE WE'RE NOW SEEING THE IMPLEMENTATION OF THE 2021 CHANGES. I'LL NOTE THAT IN 2021, COUNCIL HAD THAT CONCERN. AND THEIR SOLUTION AT THAT TIME WAS TO ADD A 1000 FOOT SEPARATION REQUIREMENT BETWEEN SITES REQUIRING THE CONDITIONAL USE PERMIT. SO THAT HAS ALREADY BEEN IMPLEMENTED AND IS PART OF THE REVIEW FOR CONDITIONAL USE. WHAT OFTEN COMES UP IS IT DOESN'T TAKE INTO ACCOUNT THE ONES THAT ARE PERMITTED BY RIGHT, OR THE ONES THAT ARE IN EXISTENCE UNLAWFULLY, BUT THERE IS AN ATTEMPT AT TRYING TO ADDRESS THAT ISSUE IN THE EXISTING ORDINANCE, BUT IT'S ONLY BEEN IN EFFECT FOR FOUR YEARS. OKAY, SO AT THIS POINT, AS NOTED, WE HAVE ONES THAT ARE OPERATING UNLAWFULLY THAT DON'T HAVE TO MEET THAT STANDARD. SO I STILL HAVE CONCERNS ABOUT THIS. AND I WOULD LIKE TO DISCUSS THIS FURTHER AT SOME LATER DATE.

THANK YOU. COUNCILMAN HUDSON. THANK YOU. CHAIR, I'M JUST GOING TO PREFACE MY COMMENTS HERE WITH I'M ABOUT AS DUMB AS A BAG OF HAMMERS WHEN IT COMES TO THIS TOPIC. SO MY QUESTIONS ARE GOING TO BE TO HELP EDUCATE ME ON THIS, ON TRANSITIONAL HOUSING. IF A SINGLE FAMILY HOME IN NEIGHBORHOOD X HAS 30 PEOPLE LIVING IN IT IS THAT SOMETHING THAT WOULD FALL UNDER THE DEFINITION OF TRANSITIONAL HOUSING, OR IS THAT JUST A VIOLATION OF THE CODE? IT WILL DEPEND. SO FIRST OFF, THERE'S OCCUPANCY REQUIREMENTS THAT A, A LARGE NUMBER OF PEOPLE IN WHAT WAS BUILT AND PERMITTED AS A SINGLE FAMILY HOME THAT THEY WILL HAVE TO MEET REGARDLESS WHETHER IT'S JUST A REGULAR CONVENTIONAL RENTAL, A BOARDING HOME, TRANSITIONAL HOME, THEY'LL HAVE TO MEET THOSE. AND IT'S BASICALLY FOR THE SLEEPING AREAS. YOU NEED A CERTAIN SQUARE FOOTAGE. SO THAT'S A PROPERTY MAINTENANCE REGULATION THAT ADDRESSES THIS ISSUE. BUT AS FAR AS THE DIFFERENCE BETWEEN TRANSITIONAL AND OTHER TYPES OF GROUP HOUSING, A BOARDING HOME IS TYPICALLY WHERE EACH BOARDER RENTS A ROOM. THAT'S HOW WE DEFINE IT. SO THEY SHOULDN'T REALLY BE SHARING ROOMS. THE WAY THE ORDINANCE IS WRITTEN, THOSE HAVE TO BE LICENSED TO BE LEGAL.

THEN YOU HAVE TRANSITIONAL HOUSING WHERE THEY CAN SHARE A ROOM. THEY'RE STILL HELD TO THOSE OCCUPANCY STANDARDS, SO THEY CAN'T PUT A LOT OF PEOPLE IN A SPACE UNLESS IT MEETS THOSE REQUIREMENTS IN THE PROPERTY MAINTENANCE CODE. BUT THE DIFFERENCE BETWEEN TRANSITIONAL HOUSING AND BOARDING HOME IS THERE'S TRANSITIONAL HOUSING IN THE ORDINANCE IS A TEMPORARY SITUATION FOR THE TENANTS OR THE OCCUPANTS. AND THERE'S SOME KIND OF SUPPORTIVE, YOU KNOW, SERVICE AS PART OF THE HOUSING, WHETHER THAT'S, YOU KNOW, BRIDGING FROM HOMELESSNESS OR RECOVERY HOUSING. THERE'S SOMETHING THERE THAT THEY'RE GETTING SOME KIND OF SUPPORT TO MOVE ON TO ANOTHER HOUSING. AND THEN YOU HAVE THE REHABILITATION HOMES, WHICH ARE MORE NONRESIDENTIAL IN NATURE, SOMETIMES HAVE MEDICAL COMPONENTS OR MORE SECURITY COMPONENTS TO THEM. AND THOSE ALWAYS REQUIRE A CONDITIONAL USE PERMIT. SO THERE'S KIND OF A, YOU KNOW, A SPECTRUM THAT YOU GO

[01:50:08]

ACROSS. SO TRANSITIONAL IS KIND OF IN THE MIDDLE. IT'S GROUP HOUSING WITH SOME SUPPORTIVE SERVICES. BUT THE EXAMPLE I'M LOOKING FOR IS THE FITS. NONE OF THOSE DEFINITIONS. IT'S JUST IT'S JUST A, A BIG FAMILY LIVING IN A THREE BEDROOM HOUSE. SO THAT WOULD THAT BE SOMETHING THAT WOULD BE CITED BY NOT NECESSARILY BY ZONING. WE WOULD LOOK AT WHETHER THEY LIVE AS A HOUSEKEEPING ESTABLISHMENT, TRULY LIVING AS ONE HOUSEHOLD. IF THEY PASS THAT TEST, IT'S NOT A ZONING CONCERN. BUT THEN PROPERTY MAINTENANCE CAN LOOK AT THE OCCUPANCY REQUIREMENTS AND SEE IF THEY'RE EXCEEDING THOSE. AND THAT COULD BE A VIOLATION OF HAVING TOO MANY PEOPLE IN A STRUCTURE. AND THAT REQUIREMENTS IN METRO CODE, I BELIEVE. CHAPTER 156 THANK YOU. THANK YOU CHAIR. COUNCILMEMBER. THANK YOU, MR. CHAIR. OBVIOUSLY I PUT THIS RESOLUTION UP A COUPLE MONTHS BACK, AND I JUST WANT TO THANK YOU, JOE, FOR YOUR WORK ON THIS AND YOUR TEAM. SO A COUPLE QUESTIONS I WANT TO GET SOME CLARITY ON AND WE CAN KIND OF MOVE FORWARD. CAN YOU EXPLAIN THE BUY WRITE REQUIREMENTS ON THIS. FROM STANDARDS OR THE PROCESS? YEAH. FROM THE FIRST OR SECOND SLIDE THAT YOU HAD UP THERE THAT EXPLAINED THAT, YOU KNOW, IF YOU HAVE THIS YOU'RE BY RIGHT ALLOWED TO DO THIS. AND IF YOU'RE NOT YOU HAVE TO GET THE CUP OKAY. SO GENERALLY IN THE LAND DEVELOPMENT CODE YOU HAVE BUY RIGHT USES THAT YOU CAN JUST DO. IF YOU MEET THE DEFINITION OF THAT USE THEN YOU HAVE BUY RIGHT WITH STANDARDS WHICH YOU CAN DO IF YOU MEET ALL OF THOSE STANDARDS. SO WITH TRANSITIONAL HOUSING, THERE ARE SEVERAL STANDARDS THAT YOU HAVE TO MEET TO BE PERMITTED BY. RIGHT. SO OCCUPANCY IS ONE OF THEM. SO THIS IS PROBABLY THE MOST IMPORTANT ONE. BUT THERE'S SEVERAL OTHER ONES THAT YOU HAVE TO MEET IN TERMS OF BEING ABLE TO BE ALLOWED WITHOUT A SPECIAL PROCESS OR A CONDITIONAL USE PERMIT. IF YOU ARE BY RIGHT WITH SPECIAL STANDARDS, YOU NEED A LICENSE FROM THE OFFICE OF OUR DEPARTMENT OF CODES AND REGULATIONS, AN ANNUAL LICENSE WHICH THEY REVIEW FOR ZONING COMPLIANCE, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH OTHER AGENCIES. AND THAT'S ISSUED ANNUALLY. AND THERE'S A RIGHT OF INSPECTION. SO IF YOU ARE PERMITTED BY RIGHT, THAT'S WHERE YOU WOULD FALL UNDER. IF YOU DON'T MEET ANY OF THOSE OTHER STANDARDS, YOU HAVE TO GO TO THE BOARD OF ZONING ADJUSTMENT AND GET A CONDITIONAL USE PERMIT. THEN YOU STILL NEED THAT ANNUAL LICENSE WHERE IT COULD BE INSPECTED EACH YEAR. OKAY. SECOND QUESTION. JUST SO TO BE CLEAR, THIS AMENDMENT PUTS R5 AND R5 B IN THE SAME CATEGORY AS R4, CAPPING THE OCCUPANCY TO BE THREE BEDS, CORRECT? YES.

DO YOU HAVE ANY FURTHER QUESTIONS? I THINK WE HAVE MORE TO COME TO THIS, BUT AT THIS MOMENT I THINK WE CAN MOVE. I DON'T HAVE ANYBODY ELSE IN THE QUEUE. WE'RE AT 255. OH, COUNCILWOMAN PARISH, RIGHT. THANK YOU. I JUST WANTED TO STATE THAT I KNOW THERE'S BEEN A LOT OF WORK ON THIS, SO I KNOW THAT COUNCILMAN VACHON HAS WORKED ON THIS, AND I THINK IT'S A STEP IN THE RIGHT DIRECTION. I ALSO KNOW THAT THOSE OF US WHO'VE HAD SMALLER CITIES IN THEIR DISTRICT, YOU KNOW, THAT MEANS THAT, LIKE, FOR INSTANCE, FOR THE CITY OF SHIVELY, THERE'S A WHOLE PROCESS FOR THAT AS WELL. AND I THINK THERE'S A LITTLE MORE ALIGNMENT WITH SOME OF THAT STUFF, IF I'M NOT MISTAKEN. I JUST WANT TO MAKE SURE THAT THERE IS CLARITY AND EQUITY FOR HOW PEOPLE DO THIS. BECAUSE IN WHAT I'VE SEEN, AS I'VE DOOR KNOCKED ALL OVER THE CITY, IS THAT SOME PEOPLE ARE DOING THIS ON THEIR OWN. THEY'VE LET PEOPLE COME LIVE WITH THEM AND THINGS LIKE THAT. AND I'VE NEVER SEEN LIKE 30 PEOPLE LIVING IN A PLACE. BUT I HAVE SEEN WHERE PEOPLE HAD PEOPLE STAYING THERE THROUGH, THEY JUST GOT OUT OF JAIL OR TRANSITIONING OR EVEN MEDICAL RESPITE BECAUSE THEY HAVE NOWHERE TO STAY. SO I THINK THERE'S MORE TO THIS. BUT I THINK RIGHT NOW I THINK THAT IF WE HAVE MORE UNDERSTANDING, THIS IS A STEP IN THE RIGHT DIRECTION. SO I WANT TO THANK YOU ALL FOR WORKING ON IT. THANK YOU. WE HAVE VERY LITTLE TIME LEFT. I, I KNOW THAT THERE ARE. TIME IS OF THE ESSENCE ON THIS, BUT I DO THINK THAT IT'S A FAIRLY COMPLICATED ISSUE. I FEEL A LITTLE BIT LIKE COUNCILMAN HUDSON ON THIS, BUT IT'S NOT IT'S NOT BECAUSE WE'RE WE'RE WE'RE NOT THE BRIGHTEST BULBS, COUNCILMAN HUDSON, BUT IT'S BECAUSE IT'S PRETTY COMPLICATED BETWEEN THE DIFFERENT TRANSITIONAL AND BOARDING HOUSE AND THAT SORT OF THING. SO I DON'T KNOW HOW THE COMMITTEE FEELS, BUT I THINK TABLING IT

[01:55:04]

FOR AND COMING BACK TO IT AT OUR NEXT MEETING MAKES SENSE TO ME. BUT BUT IF THAT'S NOT SOMETHING THAT YOU GUYS WANT TO DO, I'M OKAY WITH GOING AHEAD AND VOTING AS WELL. CAN I CAN I SPEAK PLEASE? YEAH. SO WITH THE QUESTIONS ARE VERY VALID. BUT WE HAVE IN WORKS IS WE'VE WORKED WITH CODES AND REGS AND THE STATE WITH A NEW PROGRAM THAT THEY HAVE TO CERTIFY TRANSITIONAL HOUSING BUSINESSES. AND IF CODES AND REGS IS TO GET A COMPLAINT IN REGARDS TO WHAT THEY THINK IS A TRANSITIONAL HOUSE, CAPE CAPER WILL GO AND INSPECT TO MAKE SURE THAT THESE FOLKS ARE CERTIFIED IN CONJUNCTION WITH CODES AND REGS, TO MAKE SURE THESE PEOPLE ARE IN LINE AND ARE ABIDING BY THE LAW. AND WE HAVE THAT COMING VERY SOON TO THE COMMITTEE. SO I THINK THIS IS A STEP IN THE RIGHT DIRECTION TO GET TO THAT STEP. SO BY THAT, DO YOU OR DO YOU FEEL COMFORTABLE GOING AHEAD AND VOTING ON THIS PIECE AND THEN HAVING THE OTHER ONE COME AND VOTING ON THAT? YES. OKAY. YES. ANYBODY ELSE HAVE ANY QUESTIONS OR CONCERNS ABOUT THIS. AND OTHERWISE WE'LL GO AHEAD AND HAVE A VOTE. OKAY CHERYL, OPEN THE VOTING PLEASE.

VOTING IS OPEN. COMMITTEE MEMBER PARRISH. RIGHT. YES. THANK YOU. VOTING IS CLOSING. CHAIR. YOU HAVE. SEVEN YES VOTES. THANK YOU. WITH SEVEN YES VOTES, THIS WILL BE FORWARDED TO OLD BUSINESS ON THE METRO COUNCIL AGENDA. IT CAN GO IF YOU'D LIKE. I, I THINK WITH I THINK WE MIGHT WANT TO HAVE A LITTLE DISCUSSION ABOUT ARE YOU CAN YOU BE PREPARED TO HAVE JUST GIVE US A KIND OF SOME CONTEXT AND LET US KNOW WHERE THINGS STAND? YES, COUNCILMAN. YES. GREAT. I THINK GOING ON OLD BUSINESS MAKES SENSE FOR THIS ONE. OKAY. WE DID MAKE IT THROUGH OUR AGENDA TODAY, SO THAT WAS

* This transcript was compiled from uncorrected Closed Captioning.