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File #: O-646-21    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 11/29/2021 In control: Planning and Zoning Committee
On agenda: 12/16/2021 Final action: 12/16/2021
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.
Sponsors: Nicole George (D-21)
Attachments: 1. O-646-21 V.1 120221 DDP-0048 Rejection.pdf, 2. ORD 194 2021.pdf

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)