ORDINANCE NO. _____, SERIES 2021
TITLE
AN ORDINANCE RELATING TO THE DECISION OF THE DEVELOPMENT REVIEW COMMITTEE OF THE PLANNING COMMISSION TO APPROVE THE REVISED DISTRICT DEVELOPMENT PLAN PROPOSED IN CASE NO. 21-DDP-0048.
BODY
SPONSORED BY: COUNCIL MEMBER NICOLE GEORGE
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) has reviewed the evidence presented at the public hearing held by the Development Review Committee of the Louisville Metro Planning Commission (the “DRC”) and the findings and decision of the DRC as set out in the minutes and records of the DRC in Case No. 21-DDP-0048; and
WHEREAS, the Planning and Zoning Committee of the Council held a review of the record on 21-DDP-0048 on November 16, 2021; and
WHEREAS, the DRC held three separate public hearings on the plan (September 1, September 15, and October 6, 2021), raising and discussing a variety of transportation-related issues; and
WHEREAS, one such issue was the state of Meadow Avenue, which abuts the property to the south and is narrow at just 18 feet wide. Commissioner Brown from Louisville Metro Public Works raised concerns about adding any additional traffic to this sub-standard road; and
WHEREAS, another such issue was that of ingress and egress to/from the site. The proposed site circulation would have buses entering the site from Preston Highway and leaving through Meadow. There was substantial concern about buses attempting to turn left from Meadow onto Preston, as that is the shortest route to an interstate highway but would risk major congestion and traffic accidents at this busy, unsignalized intersection; and
WHEREAS, another issue of concern was internal site circulation, as the small size of the site, combined with the large size and turning radiuses of the buses which are central to the proposed use leaves minimal room for maneuvering and error; and
WHEREAS, all of these discussed issues are exacerbated by conditions on Preston Highway, which is one of the busiest and most dangerous streets in Louisville Metro; and
WHEREAS, there is minimal parking available on site, less than would be able to accommodate sufficient passengers to fill even one bus, much less two; and
WHEREAS, while the DRC added some binding elements to discourage some actions of concern, such as a turn down Meadow away from Preston and a left turn onto Preston from Meadow, these binding elements are difficult to enforce, requiring Planning and Design Services’ limited enforcement staff to monitor for violations which take only minutes at a time to commit, increasing both the risk for violations and the burden on neighbors to attempt to report them; and
WHEREAS, the Council finds that the approval of the Revised Detailed District Development plan was inappropriate to grant under the circumstances;
WHEREAS, the Council rejects the findings of the DRC for the revised district development plan in Case No. 21-DDP-0048 and rejects the decision of the DRC as set out in said minutes and records, leaving the district development plan which existed before that hearing in place.
NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISIVLLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: That the revised district development plan for the property located at 4826 Preston Highway and being in Louisville Metro, as proposed and more particularly described in the minutes and records of the Development Review Committee of the Planning Commission in Case No. 20-DDP-0048, is hereby rejected.
SECTION II: This Ordinance shall take effect upon its passage and approval or otherwise becoming law.
______________________________ ______________________________
Sonya Harward David James
Metro Council Clerk President of the Council
______________________________ ______________________________
Greg Fischer Approval Date
Mayor
APPROVE AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ___________________________
O-646-21 21-DDP-0048 Rejection.docx (TF)