[5:33] Open your document. There. [5:49] All right. So. [6:28] I don't know if [6:49] we all have to walk down. Here. [7:07] To turn off your house. [8:01] Yeah, [8:04] it's it's a county. So we had [8:08] to restart the whole computer. [8:10] But. But look, you don't need [8:27] it. No. [8:30] We've been waiting for [8:49] you. I'm just. I'm joking. [11:52] Okay? [11:54] Yeah, well, let's not look at [11:55] that right now. Let's start [12:12] with what we need. [12:41] Metro tv 30s. [13:01] Good afternoon and welcome to [13:02] the regularly scheduled [13:03] planning and Zoning committee [13:04] meeting. I am Scott Reed, the [13:06] vice chair of the committee. [13:08] Today is Tuesday, JUNE the 2nd. [13:10] And joining me in the chambers, [13:12] we have COUNCILWOMAN Parish [13:14] rights. We have COUNCILWOMAN [13:15] Raymond, we have COUNCILMAN [13:18] Hudson. We have COUNCILWOMAN [13:21] Rudy. We have COUNCILWOMAN [13:22] Jennifer Chappell. And online [13:24] we have Chair Owen. Just a [13:27] little bit of housekeeping. We [13:29] have item number five, which is [13:30] being held at the request of [13:34] the sponsor. And with that in [13:37] mind, we have starting off [13:38] ordinance pending legislation, [13:42] ordinance 0-127-26, an [13:43] ordinance relating to the [13:45] zoning of property located at [13:46] 3827 proper level road [13:48] containing approximately 0.22 [13:49] acres and being in Louisville [13:52] Metro. Case number 26. Zone [13:57] 0025 do have a motion motion. [14:01] Motion seconded. Julia. Oh I'm [14:05] sorry. Disclaimer. This meeting [14:08] is being held pursuant to carry [14:09] 61.826 and Council of five a [14:11] reading for. Thank you Cheryl. [14:13] Now to you, Julia. Julia [14:19] Williams Office of Planning. So [14:29] this is 26 zone 0025. This is [14:31] located at 3827 Poplar Level [14:35] Road in Council District ten. [14:37] The existing use is single [14:39] family. The proposed use is [14:42] multifamily. The existing [14:44] zoning is r five in the [14:45] neighborhood Forum district. [14:47] The proposed zoning is r six in [14:50] the neighborhood Forum district. [14:51] The request is for a change in [14:53] zoning from r five residential [14:56] to r six residential. There was [14:57] a waiver and a detailed [14:58] district development plan with [14:59] binding elements associated [15:02] with the site. The site is [15:04] approximately 0.22 acres. It's [15:06] an existing single family [15:07] structure to be converted to a [15:09] duplex with a detached third [15:11] dwelling unit in the rear. [15:13] There's no new construction or [15:15] expansion of the existing [15:17] structures. This is the [15:19] applicant's development plan, [15:20] showing the existing home in [15:24] the front and then the existing [15:25] accessory dwelling unit in the [15:28] rear. This is what the subject [15:29] property looks like along [15:32] Poplar Level Road. The rear of [15:34] the property along Jackson [15:40] Avenue. These are the existing [15:43] dwellings across the front of. [15:46] Along a level road. This is [15:48] facing northwest toward Poplar [15:51] Level Road and Trevilian Way [15:53] and then facing southeast [15:54] towards Pablo Level Road and [15:58] Grenade Avenue. The neighbor. [15:59] The applicant held their [16:01] neighborhood meeting on [16:03] FEBRUARY 25th, 2026. The [16:04] Planning Commission held their [16:06] public hearing on APRIL 23rd, [16:08] 2026, where there was a motion [16:09] to recommend approval of the [16:11] change in zoning, passing by a [16:14] vote of 7 to 1. Are there any [16:17] questions? Whose council [16:20] district is this? Oh, I'm sorry, [16:21] would you like to speak to it, [16:23] COUNCILMAN Raymond, please. [16:24] Well, first I wanted to ask if [16:26] if you understood why there was [16:29] a no vote. That commissioner [16:32] did not speak as to why they [16:35] voted no. Yes, I'll speak to it, [16:39] if I MAY. So this is a this is [16:41] a property. It's a five bedroom [16:42] house that was previously [16:45] rented out and that there's not [16:47] the market that there used to [16:48] be for renting five bedroom [16:49] houses. And so the owner of [16:51] this property is converting it [16:53] with only internal renovations. [16:55] And so that each floor is [16:56] rented. So it's essentially a [16:57] duplex. I went to the [16:58] neighborhood meeting. There was [16:59] no objection actually at the [17:00] neighborhood meeting was the [17:02] couple who were the current [17:03] tenants who were supportive of [17:04] this change. So I was actually [17:06] really disappointed by this one [17:07] no vote because it's delayed [17:10] the progress. And it's, it's we [17:12] talk about how things move [17:13] really slowly. This is a very [17:16] simple change that enhances the [17:17] neighborhood and is desired by [17:19] the residents. And it has still [17:21] taken months and months. So I [17:25] ask for your support. Thank you, [17:28] COUNCILMAN Owen. Thank you, [17:31] Vice Chair. Quick, quick [17:32] question. So is my [17:33] understanding. My understanding [17:37] is that this will go from a [17:39] single family with a cup for an [17:42] for an Adu, or was it a and [17:45] then and now it will just be a [17:47] multi-family. And so will this, [17:49] the the Adu will go away and [17:51] there will be three units of [17:52] multifamily rental. Is that my [17:55] is that a correct understanding? [17:58] I don't believe the site had a [18:00] cup for an accessory dwelling [18:04] unit. So it was being rented, [18:07] not as a as a short term rental, [18:09] but as a long term rental. [18:11] Previously the back of the, the [18:16] back unit. It's the I know the [18:18] young man who lives in the back. [18:21] It's the owner's son. And so do [18:23] we know again, I'm I'm I'm, I'm [18:25] a I'm for this. I was just [18:26] trying to get some [18:27] clarification. So so the [18:28] current tenants who now occupy [18:29] the entire house will now [18:31] occupy one floor. The young man [18:33] who lives in the Adu in the [18:35] back will stay there. And then [18:36] a new tenant will move on to [18:38] the second floor. Great. And I [18:40] just wanted to mention that, [18:43] you know, when we do break up a, [18:45] a five bedroom house, for [18:48] example, we do into two units, [18:50] we have created smaller units [18:52] that will be more affordable to, [18:55] to people. And I think that is [18:57] a net positive here. So just [18:58] wanted to highlight that. Thank [19:01] you very much. Thank you. Chair. [19:02] Any other comments? We have [19:04] been joined by COUNCILMAN [19:11] Vachon. Stewart. COUNCILMAN [19:15] Benson, you. Oh, I thought I [19:16] acknowledged you. COUNCILMAN [19:18] Benson is in the chambers as [19:23] well. With that, I think we're [19:38] ready to vote. On. Yes. Thank [19:46] you. Voting's closing. Vice [19:47] Chair Reed, you have eight yes [19:49] votes. Thank you very much. [19:51] This passes and we'll go to new [19:52] business at the next council [19:58] meeting. Next is item number [19:59] 0-137-26. An ordinance relating [20:01] to the area wide zoning of [20:04] property located at 1901 r [20:05] Payne Street, containing [20:08] approximately 3.09 acres and [20:09] being in Louisville Metro. Case [20:12] number 26, zone 0030. Do I have [20:17] a motion? Motion and seconded [20:18] chair Owen would like to speak [20:21] to this, I'm sure. Thank you, [20:23] Vice Chair Reed, this is a long [20:25] time coming. I'm excited about [20:27] this. So a couple of things I, [20:29] I want to highlight again here. [20:30] We've talked about this [20:33] previously, but I wanted to say [20:36] that, you know, this I don't [20:38] expect to be precedent. I do [20:40] not think that we as Metro [20:42] government should proactively [20:45] go after properties that are [20:46] historically that are [20:48] grandfathered in as industrial [20:50] zoning and pull the industrial [20:52] zoning designation out from [20:53] under companies who are [20:55] operating in in those locations. [20:57] I think that is bad practice, [20:59] bad business. And I do not [21:01] think that this should set that [21:02] precedent precedent. So I [21:04] wanted to say that, first and [21:07] foremost, in the case of this [21:09] property, the property has had [21:11] multiple explosions over the [21:14] years. At least two of those [21:17] explosions were deadly. And [21:19] frankly, the most recent [21:22] explosion. Is it's a small [21:24] miracle that it wasn't more [21:26] that it didn't take more lives [21:28] than it actually did. When you [21:30] you saw the the huge chunks of [21:31] metal that went flying [21:32] throughout the Clifton [21:34] neighborhood. And so once that [21:36] happened, the mayor came [21:38] forward and, and I was in full [21:39] agreement that this should [21:41] never operate as heavy [21:42] industrial again. And we [21:43] requested that the Planning [21:44] Commission take a look at what [21:46] this might look like to down [21:48] zone it. The recommendation was [21:50] to, to change from m-2, which [21:53] is a heavy industrial zoning [21:56] zoning designation to cm, which [21:58] does allow for some light [22:00] industrial zone, but also [22:02] allows for some housing, [22:03] multifamily housing and some [22:05] other things. So it, it adds [22:07] more flexibility to what the [22:09] property can be used for going [22:10] forward, which I think is a [22:13] good thing and does will make [22:15] it easier for the for the [22:17] company to sell going forward, [22:18] because they'll be more users [22:20] that that could potentially use [22:23] the property as opposed to a, a, [22:25] only a heavy industrial user [22:27] using the property. I wanted to [22:30] acknowledge that Commissioner [22:32] Lannert voted against this at [22:33] the Planning Commission. He was [22:35] the sole no vote at the [22:38] Planning Commission. And I do [22:40] respect Commissioner Lambert's [22:42] expertise as it relates to [22:43] industrial properties. He's. He [22:45] has brokered industrial [22:46] properties in Louisville for [22:48] the past four decades, and he [22:51] suggested that we were reducing [22:54] the value of the property by by, [22:55] by lowering the zoning, lower [22:58] the intensity of zoning from m2 [23:01] industrial to cm. Again [23:03] acknowledging his expertise. I [23:05] do have to disagree. In this [23:08] particular case, I think that [23:12] we have at. I think we've, like [23:14] I said previously, we've added [23:16] some value to the property in [23:18] the sense that we have added [23:19] the number of different uses [23:22] that can be used, that can be [23:23] taken advantage of at this site [23:25] going forward, which I think [23:28] adds some value. We have [23:29] allowed some light industrial [23:31] to continue here, which, you [23:33] know, could could obviously [23:35] turn into to future cash flow [23:37] at this site going forward. So [23:40] at the very most, I think we [23:41] have I don't think we have [23:43] reduced the value of this [23:45] property in making this zoning [23:46] change. One other thing and [23:49] then I'll, I'll I'll step back [23:52] here with the Planning [23:54] Commission, sorry, the planning [23:57] staff at Metro Government, [23:58] under the leadership of Brian [24:01] Davis, has reached out to [24:04] Geveden on a handful of [24:07] occasions since this process [24:10] has been in place. What what I [24:12] had requested from the company [24:15] is that they come out and [24:16] explicitly say that they they [24:18] were not against the change in [24:21] the zoning. They did not agree [24:22] to say that explicitly, but at [24:25] the same time, we have given [24:27] them multiple opportunities 4 [24:29] or 5 on 4 or 5 different [24:31] occasions to come out and say, [24:33] please don't do this. You are [24:35] really, you know, taking away [24:36] the value of the property by [24:38] doing this. And they have not [24:40] done that either. And I think [24:43] that their silence on that [24:45] should be there's something to [24:47] be said for the fact that they [24:48] did not take the 4 or 5 [24:50] opportunities to, to state [24:51] their opposition to this. And [24:53] so I think that's that's [24:55] important. So with all of that [24:57] said, I would really ask for [24:59] your support and hopefully we [25:01] can. The this change in zoning [25:03] will bring closure to the [25:04] neighborhood in a way that I [25:05] think will be incredibly [25:07] healing. So I ask for your [25:08] support and hope to move it [25:10] forward. Thank you. Thank you. [25:12] Chairman. Does anybody have any [25:20] questions? COUNCILMAN Bacon? [25:23] Thank you, Vice Chair Reed. And [25:25] thank you, Chair Owen, for your [25:26] explanation. And and just you [25:28] know, for the record, I want to [25:29] I've I've stated these issues [25:31] before, but I want to state [25:33] them again. And I think I think [25:34] we're opening up a can of worms. [25:36] Ladies and gentlemen, I think I [25:37] think we should allow the [25:39] market to play its role and do [25:42] what it needs to do, and not [25:45] rezone a property outside of [25:48] the scope of allowing the owner [25:50] to go through that zoning [25:52] process like they should. This [25:53] is going to increase the value [25:55] of the property. I can agree [25:56] with you on that. COUNCILMAN [26:00] Owen, and create a new market [26:01] value for this property to be [26:05] sold or redeveloped. I strongly [26:06] believe that we should not be [26:09] doing this for the purpose of [26:10] that. Owner needs to go through [26:11] this process like everybody [26:16] else does. Thank you. [26:17] COUNCILMAN. Any other questions? [26:18] Would you like to respond to [26:21] COUNCILMAN Owen? Okay. Any [26:26] questions? That said, I think [26:33] we're ready to vote. Chair Owen. [26:37] Yes. Thank you. Ordinance [26:42] closing. Vice chair Reed, you [26:44] have five yes votes and three [26:47] no's. Thank you. With that, [26:49] we'll go to new business. I'm [26:50] sorry, old business. In the [26:57] next council meeting. Next is [26:59] item number three, an ordinance [27:00] imposing a temporary moratorium [27:02] on rezoning conditional. And [27:06] this is item number 0-135-26. [27:07] An ordinance imposing a [27:09] temporary moratorium on [27:11] rezoning conditional use [27:12] permits and plan certain [27:13] category two b and three [27:15] development plan applications [27:17] relating to telecommunication [27:19] hotels and data centers pending [27:20] a review and recommended [27:21] changes by the Planning [27:23] Commission. Do I have a motion, [27:26] motion, motion and seconded? I [27:28] think we have COUNCILWOMAN [27:29] Chapel that would like to speak [27:36] to this. Sure. Thank. I used to [27:38] be on planning and zoning, and [27:43] our meetings were much longer. [27:47] Preface. No ai has been used to [27:48] write this plea and all the [27:52] words are my own, as is all of [27:53] my words I've said in this [27:56] chamber thus far. Colleagues, [27:58] we have kicked. This can far [28:00] enough down the road. On [28:01] JANUARY 23rd, the Planning [28:02] Commission was supposed to [28:03] release the recommendations for [28:05] the changes to the Land [28:08] Development Code regarding data [28:10] centers. 130 days have passed [28:12] since that deadline and we are [28:15] without recommendations. Still, [28:16] what's even more puzzling to me [28:18] is that recommendations were [28:21] published online on JANUARY 2nd, [28:23] and they were taken down just [28:25] hours later. It seemed like the [28:27] work was completed. So where [28:30] did it go? And to be clear, [28:32] these are recommendations that [28:33] we're waiting on. It's not [28:36] legislation and its final form. [28:37] They aren't automatic updates [28:39] to our land development code. [28:41] They're recommendations that [28:42] have the opportunity to be [28:44] molded, which will be subject [28:46] to public comment and will be [28:47] under review by this [28:49] legislative body. There's a lot [28:51] of work ahead of us, but we [28:52] can't move forward without the [28:55] foundation of these documents. [28:56] Data centers are a hot button [28:58] issue worldwide, and they're [28:59] certainly one that folks care [29:02] about here since they're in [29:03] their infancy. We don't [29:05] understand a lot of the [29:07] implications of a data center. [29:09] How big of a population does [29:12] one data center serve? How many [29:13] data centers does Louisville [29:17] need to power its population? [29:18] What communities outside of [29:20] Louisville benefit from data [29:23] centers located here? Do those [29:26] communities have buy in? [29:28] Louisville has more water than [29:29] anyone could than we could ever [29:31] need or use is something I've [29:34] heard before. But how much has [29:36] to be used in order for that [29:39] precious finite source to be [29:42] tapped and threatened? Solar [29:44] panel energy advances as [29:45] quickly as televisions do, and [29:46] computers are no longer the [29:50] size, as buildings. Look how [29:55] tiny this one is here. Does [29:57] technology in a data center [29:59] advance as quickly? And are the [30:00] monstrosities that we're [30:04] building now appropriate in 510 [30:08] years? I don't know the answers [30:09] to these questions, and I have [30:11] a slew of others that are going [30:13] around in my head, and I doubt [30:14] that anybody else in this room [30:16] has answers to these questions, [30:17] but I'm sure that you have a [30:20] whole lot more. I know that I [30:21] am not willing to let [30:23] Louisville be a guinea pig for [30:25] these data centers. It's [30:27] convenient to rally against a [30:28] moratorium when it's not your [30:30] backyard being threatened. And [30:31] let's be clear I live in a very [30:33] dense urban area, and I doubt [30:34] that a data center would ever [30:36] be coming to my backyard. [30:37] However, that doesn't mean that [30:40] I can't prevent myself from [30:42] fighting for someone that might [30:45] have one in their backyard. [30:46] Beyond that, we all pay a [30:48] monthly L.G.A bill and a bill [30:50] to Louisville Water. We're all [30:51] subjected to the same price [30:53] hikes, including the one that [30:55] msd is proposing right now. So [30:59] if you don't care about the [31:00] deforestation of data centers, [31:02] their light pollution, their [31:04] noise pollution, the creation [31:06] of a brown field, etc. Then [31:08] maybe you will care when your [31:09] water turns brown and your [31:11] electricity bills rival your [31:14] mortgage payment. Maybe these [31:17] are all fears, but they're not [31:19] ones that I want to test. Now [31:21] let me bring address some [31:23] concerns about the moratorium [31:24] that my colleagues have brought [31:27] up. First, there are no data [31:28] centers in the pipeline, so [31:31] this legislation would be moot. [31:32] GOD forbid that Louisville [31:34] metro government takes a [31:36] proactive approach to something. [31:37] Instead of laying in the weeds [31:40] and being reactive to something, [31:42] why are we too afraid to put [31:45] our residents over private [31:48] predatory development? Besides, [31:49] if plans for a new data center [31:51] were to be submitted tomorrow, [31:53] any action by Metro Council [31:55] would take little too late. Let [31:56] me remind you, we're about to [31:58] go on break for about three [32:03] weeks. It might be too late. A [32:03] moratorium will signal that [32:05] Louisville is closed for [32:07] business. How could we [32:08] insinuate that Louisville is [32:09] closed for business? When one [32:10] Louisville distributed these [32:12] talking points before Derby, [32:13] over 2 million packages moved [32:16] through ups every day, and we [32:18] just passed Memphis as the [32:20] largest air cargo hub in North [32:23] America. Louisville saw over $3 [32:24] billion in new capital [32:26] investment last year, an amount [32:28] that's on par with Austin, [32:31] Nashville and Raleigh. Ford is [32:33] reinventing the assembly line [32:34] in Louisville and how cars are [32:36] put together. Ge is building a [32:39] new 800 job, half a billion [32:40] factory, half $1 billion [32:42] factory that will manufacture a [32:44] washer and dryer units across [32:46] this, an area the size of 33 [32:48] football fields, slate auto and [32:50] new Jeff Bezos backed startup [32:53] is building an affordable ev in [32:55] their global customization hub [32:57] is right here in Louisville. [32:58] Taiwan based Foxconn is [33:01] investing $173 million into a [33:02] new facility that, for the [33:04] first time since the 1980s, [33:06] manufactured consumer [33:08] electronics at scale in America [33:12] in downtown, has over two $2.5 [33:13] billion in development underway. [33:15] That includes a 1000 room [33:16] convention hotel in Humana's [33:20] old hq and a new J.W. Marriott [33:22] hotel. And our airport is in [33:25] the middle of $1 billion [33:28] modernization, improving the [33:30] experience and the number of [33:33] flights. I've also heard the [33:34] administration has promised [33:36] these recommendations in JUNE, [33:38] and they're actively working on [33:39] tightening them up for [33:42] distribution. These [33:42] recommendations are coming to [33:44] us from the planning department [33:45] via the Planning Commission. [33:47] The administration will have [33:48] the same opportunity to offer [33:51] their feedback, as does Metro [33:52] Council and the public. When we [33:56] get these distributed. Besides, [33:57] why should we trust that we're [33:58] getting these recommendations [33:59] when we were told we were [34:01] getting them in JANUARY and [34:05] then in MAY, and now in JUNE. [34:07] And I also hear from my [34:10] colleagues, I never support [34:14] moratoriums, a moratorium on [34:15] moratoriums is a weird flex, [34:19] but okay, I'm sure that there's [34:20] other, more nefarious reasons [34:21] that would prevent a council [34:24] person from voting in support [34:26] of this moratorium, since there [34:27] are only assumptions, I'm not [34:29] going to address them, although [34:30] I can assure you that your [34:32] voters want this moratorium, [34:34] and I promise you that there is [34:36] no price worth the sale of your [34:43] dignity. I'm wrapping up. So. [34:46] You know you're coming, but I'd [34:49] love to read an email from my [34:53] friend David Kaplan. Who or [34:55] sorry, David Kaplan, who had [34:56] emailed all of the members of [34:57] the Planning and Zoning [34:59] committee this morning. And I [35:00] just want to read this email. [35:04] It's fairly short. My friend [35:06] Jennifer Chappell asked me to [35:07] reach out to seek your yes vote [35:09] on a moratorium for data [35:10] centers today. These centers [35:12] really intrigued me as I own a [35:14] parcel where one could be built. [35:16] If I were to build one, I would [35:18] wait until best management [35:19] practices are adopted regarding [35:21] them. As my friend Stuart [35:23] Benson will tell you, a [35:25] machinist or a builder, one [35:27] needs a blueprint or a diagram [35:28] to get the project done [35:30] correctly. This is what a [35:31] moratorium would provide, and [35:32] I'm puzzled at how the Office [35:34] of Planning started on this. [35:36] Then it suddenly disappeared. [35:38] But the Office of Planning has [35:41] made this common practice. They [35:42] have studied the Floyds Fork [35:44] watershed for decades without a [35:46] plan being adopted, not only a [35:48] major issue of our tax dollars, [35:49] but it's worth showing the rest [35:51] of the nation that we're not a [35:53] smart growth city building [35:55] without future generations in [35:57] mind. So let's pass this. These [35:59] are my own words. Now it's the [36:01] end of his email, but I just [36:03] want to encourage my colleagues [36:05] to vote yes on this so we can [36:07] pass this moratorium, get the [36:09] recommendations, have the tough [36:10] conversations that we need to [36:14] have, and update the ldc [36:15] responsibly so we don't sell [36:18] out any more of our communities. [36:22] Thank you. Thank you, [36:26] COUNCILMAN Chappell, what is [36:28] the length of the moratorium? [36:30] How long are we or is there a [36:33] length 180 days, which would be [36:36] six months? Okay. COUNCILMAN [36:38] Parrish. Right. Thank you, MR. [36:42] Chair. I don't I think [36:44] COUNCILWOMAN Chappell gave a [36:46] great explanation of all of [36:49] this. I've. And I've thought [36:50] about what I would say because [36:53] I have pre-typed message that I [36:54] wanted to use. But I just want [36:56] to say this makes sense. It [36:58] gives us an opportunity to be [37:01] proactive. This is what our [37:03] constituents are asking for. It [37:05] is in the backyard of my [37:06] district, even though the one [37:08] being built is in district one, [37:09] I can you can throw a rock over [37:12] into district three. I went to [37:13] some neighborhood meetings, and [37:16] I heard the concerns from [37:17] people who are living in those [37:18] communities who, who just found [37:20] out about it, who are still [37:22] trying to understand it. I then [37:25] drove and walked the property [37:28] with a constituent and it was [37:30] huge. And we and I know that [37:32] life thrives around water. I [37:34] know that we have a good source [37:35] of water, but we need to be [37:37] able to make decisions that [37:39] mean something to our community. [37:41] Louisville has never been [37:42] closed for business. There's [37:44] not a time I've seen Louisville [37:46] close for business. So I think [37:49] that if that is a concern, that [37:51] doesn't make sense to me. I [37:53] think the email from that [37:55] Jennifer read is so important. [37:57] This person is saying they have [37:59] a parcel that could be [38:01] considered for that, but they [38:03] would not build without having [38:05] these regulations in place. And [38:07] I think that with us going on [38:09] vacation with all the things [38:10] that are going on and how this [38:12] first one got in because of it [38:13] was already zoned, and it's [38:15] already ahead of the the laws [38:17] we have. The moratorium makes [38:19] sense. That's all we're asking. [38:21] Let's do something to show the [38:23] community we're listening. [38:25] Let's do something proactive. [38:26] Let's work together. This is [38:28] not negative. This is not [38:29] against business. This is not [38:31] us trying to shut down every [38:33] developer. This is saying to [38:34] the community that we hear you, [38:37] we heard you, and we're taking [38:42] action. Thank you. COUNCILWOMAN [38:45] Freeman. Yes. Is it appropriate [38:47] to ask the planning team [38:48] questions about the rollout of [38:53] the recommendations? I'm sorry. [38:55] MAY I ask the planning team [38:56] questions about that? Yes, yes, [38:57] yes. Could you all explain [38:59] better to us and to people [38:59] who've been watching but [39:00] haven't quite been able to [39:03] grasp it like me? Right. What [39:04] has been the timeline for the [39:06] recommendations? Why the delay [39:08] and when can we expect them and [39:09] what will they look like? Sure. [39:11] Now, so Brian Davis, the Office [39:14] of Planning in terms of when [39:15] you can expect something, we [39:16] are in the process of [39:18] finalizing a draft. We hope to [39:19] release it next week. So this [39:22] has been an this has been an [39:24] interesting and challenging [39:26] task for us to complete for a [39:27] number of reasons and. And [39:30] COUNCILWOMAN Chappell, you know, [39:31] addressed several of them just [39:32] because there isn't a whole lot [39:34] of information out there, a lot [39:35] of communities are all kind of [39:37] in the same spot and that, you [39:39] know, you have this use that is [39:40] a somewhat fairly new use, [39:41] especially when you think about [39:44] the hyperscale data centers and [39:45] people are treating it all [39:46] kinds of different ways [39:47] depending on how the [39:49] regulations are. We reached out [39:50] to some of the peer cities that [39:53] we speak with. And, you know, [39:55] they were treating data centers [39:56] anywhere from like an office, [39:58] like any other office use to, [39:59] you know, some sort of heavy [40:01] industrial use. And so, you [40:02] know, people are all over the [40:04] place in terms of how they're [40:06] dealing with those. And it's [40:08] been a topic where really, [40:09] every week there's new [40:11] information out there about, [40:13] you know, what goes on at the [40:14] data centers, how they're [40:15] operating, why they're [40:16] operating the way they do, and [40:17] how communities are dealing [40:18] with them. So it's something [40:19] that we, we've been watching [40:22] and kind of following, you know, [40:24] another challenge that that we [40:25] were kind of dealing with while [40:27] we were in the process of, of, [40:28] of, you know, doing all this [40:30] research was the state [40:31] legislation. And in the session [40:34] that we just concluded in APRIL, [40:35] there were five different bills [40:36] that were proposed that were [40:38] called an act relating to data [40:39] centers. And so, you know, kind [40:41] of the thought was like, you [40:42] know, before we put anything [40:44] out there, before we we do [40:45] anything with this draft, let's [40:46] watch and see what the state's [40:47] going to mandate, because we [40:49] didn't want to produce a [40:50] product that was going to be, [40:52] you know, essentially null and [40:53] void because of an action that [40:54] the state was going to be [40:56] taking. Now, none of those [40:57] wound up passing. But, you know, [40:59] they they were out there. And [41:00] if you've watched the [41:01] legislature in the last couple [41:03] of years, you know, you have to [41:04] wait until the last two days of [41:05] the session for anything, [41:07] because that's when everything [41:08] gets done. So we were watching [41:09] that. So as I stated, though, [41:11] we are in the process of [41:12] finalizing the draft, it'll be [41:14] in a form that is, well, it'll, [41:15] it'll look like a, like a [41:17] strike through of the current [41:18] ldc, because that's how we [41:19] write the the proposed [41:20] amendments when we do it, you [41:22] know, basically it's saying, [41:23] okay, this is going to be added, [41:25] this is going to be subtracted. [41:27] And so, you know, we we will be [41:28] releasing that document again, [41:30] hopefully next week. And, and [41:32] then once, once we do release [41:34] that, there will be a 30 day [41:35] public comment period in which [41:36] we take feedback on that. And [41:38] then we take that, take the [41:39] public feedback into [41:40] consideration before we [41:41] consider moving it for a public [41:42] hearing before the Planning [41:47] Commission. Thank you. A quick [41:49] follow up. It [41:51] coincidence that we're hearing [41:52] this moratorium ordinance, and [41:53] those are coming next week, [41:56] right. Did this force your hand [41:57] again? We've we've been working [41:58] on this, you know, as you all [42:00] know, for a while. And so, I [42:01] mean, you know, we just for [42:03] various reasons and obviously, [42:04] I, I would not, you know, the [42:06] moratorium probably did help to [42:08] accelerate things. But, you [42:10] know, I think in terms of [42:11] having a product where, you [42:13] know, we're addressing some of [42:14] the concerns that were that [42:15] were brought to us by the [42:16] community whenever we were [42:18] doing our round of public [42:19] engagement and, and getting the [42:21] feedback and getting all the [42:22] information that we've been [42:23] gathering. Now, it's taken a [42:25] while to put this together. [42:27] It's not been an easy thing. [42:30] Okay. Thank you. Just one [42:31] question for Brian before we [42:33] get to COUNCILMAN Chappell. [42:35] Many of our constituents, many [42:36] of my constituents, are asking [42:38] the question, how did they get [42:40] this last one in under the wire? [42:42] What happened? So there's a [42:43] classification in the land [42:45] Development code that talks [42:47] about data hotels. Would you [42:48] explain that a little bit, [42:50] please? Sure. So under the the [42:52] current regulations there's a [42:53] use in there called [42:55] telecommunication hotels, which [42:57] it's kind of an antiquated term [42:59] now given, you know, where [43:01] we're at, but it is a type of [43:02] data center. And so based on [43:04] the information that that, that [43:05] we have that's available out [43:07] there, then the interpretation [43:09] was made that data centers fall [43:11] under that particular type of [43:12] use under that category, you [43:14] know, similar to that. And so [43:17] that that is why the project [43:19] that was previously, you know, [43:21] proposed on Campground Road, it [43:23] was allowed to progress through [43:24] the system underneath that, [43:26] that interpretation, how many [43:27] if you had to guess how many [43:29] small data centers do we have [43:30] in the city? Depending on what [43:32] you read, they say there's as [43:34] many as three dozen or so of [43:36] the smaller data centers. And I [43:37] ink, you know, that they they [43:38] operate in all different type [43:40] of parts of the community. They [43:41] look like normal office [43:43] buildings or normal warehouse [43:44] buildings. You don't really [43:45] know what they are out there [43:48] right now. The big change in, [43:49] in, in the use has been just [43:52] the, the expansion of this into [43:53] these hyper hyperscale data [43:54] centers that you're seeing [43:55] developed in other communities [43:57] right now. And so that's, [43:58] that's what is really got the [43:59] attention of people is that, [44:01] you know, these larger [44:02] facilities that are taking up [44:03] massive pieces of land that you, [44:06] that, you know, MAY use a lot [44:07] of power and water and things [44:08] like that for their operations. [44:10] So that that's what got people [44:13] has gotten people's attention. [44:14] And so, you know, that that is [44:16] kind of like the, you know, why [44:18] you all created a request for [44:19] us to research this and kind of [44:21] re-explore that so that we can [44:23] kind of move away from that [44:24] interpretation that we had [44:26] before and, and better classify [44:28] this new use that's out there. [44:29] Okay. Thank you, COUNCILMAN [44:35] Chappell. I want to make clear [44:37] that I don't have any ill will [44:38] towards our planning department. [44:40] And I think that you all have [44:42] done a lot of work thus far. [44:43] And I just feel like your hands [44:47] have been tied behind your back. [44:48] You didn't tie your own hands, [44:51] right. But, you know, there [44:53] were public meetings that were [44:56] held and you all got [44:57] information. And I'm looking [44:59] forward to what you all put out. [45:02] I think it will be thoughtful, [45:04] but it leads me to my question. [45:07] This five page document that [45:10] was published and then taken [45:14] down. Who wrote it? Where did [45:16] the mistake happen? Was this, [45:19] you know, another cities and we [45:22] drafted our own, but it went to [45:23] an intern and they accidentally [45:25] published it on our website. Or [45:26] like, how did this happen? No, [45:28] we created that's kind of like [45:30] a first draft, a first run at [45:31] what, you know, we some of the [45:33] things that we were working on [45:34] based on the comments that we [45:36] had received and we were [45:37] planning on having a working [45:38] meeting with our, with the [45:39] planning committee to kind of [45:41] go through that and get some of [45:43] their feedback so that we could [45:44] then go back, you know, the the [45:46] agenda was published. Then we [45:47] got word that we weren't going [45:49] to be having the meeting [45:50] anymore. So we took the agenda [45:52] down. So because we lost, we, [45:53] we, we weren't going to have a [45:55] quorum at the meeting whenever [45:56] we were conducting that. When [45:57] was your next meeting? I don't [45:59] know when their next meeting [46:00] was. I mean, we, you know, [46:02] after after it was taken down, [46:03] then, you know, then, you know, [46:05] we had spoke with COUNCILMAN [46:06] Winkler and he's like, you know, [46:07] if you all need additional time [46:09] to research this, feel free to [46:11] do that. And so we just, we, [46:12] you know, we never got to a [46:14] point where we wanted to have [46:15] another working meeting with [46:16] the planning committee to talk [46:18] about this. Is Marcus your boss? [46:19] No, but he was the sponsor. [46:21] Anytime, anytime. There's a [46:23] sponsor for some legislation [46:25] that is proposed to us. And we [46:26] we will reach out to them and [46:28] give them updates on what's [46:29] going on with that. And so we, [46:31] you know, he, he knew that that [46:33] we had been doing a lot of [46:34] research and that, you know, [46:36] there was still a lot of things [46:38] coming in. And so we, we had [46:39] reached out to him just to see [46:41] what he, you know, what his [46:42] opinion was on the matter. Sure, [46:47] sure. Yeah. And I just want to [46:48] say, I understand that there [46:50] were things that were hpening [46:51] at the state level regarding [46:53] data centers, and that would [47:00] naturally. Naturally give you [47:02] pause. But I also want to say [47:04] to my colleagues that wouldn't [47:07] have had an impact on whether [47:09] or not we passed a moratorium. [47:11] So if anything, I'd like to [47:12] apologize to the public that we [47:18] have not addressed this sooner. [47:20] COUNCILMAN Hudson, thank you. [47:23] Chair, gen t testimony from [47:26] staff, I'd like to me to [47:30] table, please. Tre is [47:33] motion o the floor. I sry [47:35] Oh, son'm sry Tre [47:37] mionn e floor table. [47:38] This is aoice vote. Correct. [47:40] All those in favor say I can, I [47:42] can we can. I would like a roll [47:50] call. Vote please. Skirt. Vice [47:55] chair chair chair. Yeah. [47:56] COUNCILMAN Hudson, could could [47:58] I before before you make that [48:00] proposal, can we can I ask a [48:01] question, a follow up question [48:04] of Brian Davis. I think it's an [48:07] important clarification before [48:09] we make any motion going [48:10] forward. Is that something [48:11] you're willing to allow me to [48:12] do? I think the motion has [48:14] already been made and seconded. [48:19] I'll have to defer to the clerk. [48:23] How will withdraw my motion. [48:24] Thank you, chair, Vice Chair [48:25] Reed, can I ask Brian a [48:27] question here? Absolutely. [48:31] Thank you. Brian. So I think [48:34] one of the I think it's [48:38] important to to understand. So [48:41] what would the process be if [48:42] somebody wanted to, to reach [48:44] out to the to metro government [48:48] right now and say, we want to [48:50] create a hyperscale data center [48:54] or a data center of significant [48:56] size, what are. And we're still [48:58] kind of, you know, in this kind [49:00] of cat and mouse game of, of, [49:05] do we need to pass a moratorium [49:07] proactively or can we [49:09] effectively do an [49:10] administrative moratorium to [49:13] make sure that we do not have [49:15] any more of these, you know, [49:17] come down the pipeline before [49:19] we're ready for it? Can we talk [49:20] about that a little bit? [49:22] Because, I mean, my, my, my [49:25] preference right now, we have [49:26] effectively done an [49:28] administrative moratorium. We [49:30] do not have any more of these [49:31] proposed in front of us. And so [49:34] since JANUARY, we have [49:36] effectively enacted an [49:38] effective administrative [49:41] moratorium. So can you talk to [49:42] us a little bit about what that [49:44] process looks like and whether [49:45] we run the risk of allowing [49:47] another one of these to go [49:51] through the pipeline without [49:55] being more proactive about it? [49:57] Yes. I I'm reading the language [49:58] of the moratorium right now to [50:01] see how it's worded. Yeah. So, [50:05] so as well as wording the [50:06] moratorium, you know, if that [50:07] were passed, any applications [50:09] would be would be frozen as is [50:10] unless they have a public [50:12] hearing scheduled, you know, [50:13] administratively. I mean, I [50:15] think you're correct. I mean, I [50:16] think there's a lot of [50:17] hesitation for anyone to come [50:19] and submit an application for [50:20] any kind of changes related to [50:22] that. Middletown did pass a [50:23] moratorium. So if someone were [50:24] to come in and ask something [50:26] about a property there, I mean, [50:27] we we would obviously say, well, [50:28] Middletown's past moratorium, [50:29] we're not accepting the [50:39] application. I mean. This [50:41] moratorium sitting in committee, [50:43] we table it and it's sitting in [50:45] committee. Could we then pass [50:47] the moratorium like we had [50:49] talked about previously, when [50:50] COUNCILMAN Winkler had had [50:52] brought this to our committee [50:53] previously. And that's what our [50:55] plan was to let it sit in [50:57] committee. And if somebody [50:59] actually filed an application, [51:01] we thought that we could then [51:02] at the next committee meeting, [51:03] planning and zoning committee [51:05] meeting, we could then pass the [51:07] moratorium to to halt any [51:08] future development going [51:10] forward. Would that be an [51:12] effective approach here, or are [51:13] we running the risk that that [51:15] somebody would get in under the [51:17] wire? I mean, I think someone [51:18] could they could if they were [51:19] to submit an application, there [51:22] is no way that that we would [51:25] schedule a public hearing [51:26] planning and zoning committee [51:28] here. So I think if you know, [51:30] if if you know, if we this item [51:32] were tabled today and then [51:33] someone submitted a pre app [51:34] tomorrow, they're, they're not [51:36] going to have an opportunity to [51:37] get to a public hearing prior [51:39] to you all being able to take [51:40] action in two weeks on this [51:42] item. So I, I don't think we [51:44] run the risk of, of, you know, [51:46] something coming in and getting [51:47] in under the wire in terms of, [51:49] of scheduling a public hearing, [51:52] as is worded in the proposed [51:53] moratorium. Okay. I think [51:55] that's important because, I [51:57] mean, I do not want another [51:59] data center to move quicker [52:02] than we're able to respond. And [52:04] I I'm not stupid. I understand [52:06] that politically, the right [52:08] thing to do here is to be [52:10] proactive and pass a moratorium. [52:11] But just because it's [52:12] politically the right thing to [52:15] do doesn't mean to me that [52:16] we've been effective at [52:17] administratively stopping these. [52:19] And I think we can be [52:20] continuously continue to be [52:22] effectively effective at [52:23] administrating, iteratively [52:25] stopping this. And while it MAY [52:28] not mean anything to some [52:30] people, to me, a moratorium [52:33] should be the absolute last [52:34] resort. And we have another [52:36] option here, and that is to [52:38] basically sit, have this sit in [52:40] in committee and use it if we [52:42] need it. And to me, that's [52:44] another option that we can use [52:46] and a better option than [52:48] actually the last resort, which [52:50] is what is proposed here. So i [52:53] will not because I want another [52:55] data center to move quicker [52:58] than we're able to. I am 100% [52:59] confident that using this [53:02] strategy, we will able to keep [53:04] any data centers from moving [53:06] forward. I will be supporting [53:08] tabling this so we can leave it [53:10] in our back pockets and use it [53:12] when we need it, because I [53:15] again, I believe a moratorium. [53:16] Governments passing moratoriums [53:19] should be used as a absolute [53:22] last resort. Thank you, thank [53:24] you, thank you. CHAIRMAN. I [53:26] think I'd like to get a legal [53:30] interpretation here. Legally. [53:33] Can we stop something if [53:35] somewhere someone were to, you [53:37] know, apply make an application [53:39] for data center and we've got [53:43] this moratorium tabled. Can we [53:46] as a as a body then take a vote [53:47] at the next or an upcoming [53:48] planning and zoning committee [53:51] meeting and effectively impose [53:53] the moratorium in time to stop [53:55] it? Travis Feaster, assistant [53:57] county attorney here. So very [53:59] broadly, this is sort of a [54:00] vested rights conversation. [54:01] It's part of the reason why we [54:03] draft the moratorium to deal [54:05] with items that have been [54:06] scheduled for a public hearing [54:08] ady. Can can move forward [54:09] somewhere along the process. [54:10] You do have a sort of right, [54:11] your application being heard [54:12] and going through the process. [54:14] And the question is sort of [54:15] where that occurs. There's not [54:18] a hard and fast case or statute [54:19] in Kentucky to determine where [54:21] that is. But based on the case [54:22] law, we think it's [54:23] approximately at that sort of [54:24] public hearing phase where all [54:26] the agencies have commented, [54:27] they've gotten all the proper [54:28] stamps and approvals. The only [54:29] thing left is for Metro [54:31] government to hear it. And if [54:32] at that point, Metro government [54:33] says, actually, no, we're not [54:35] going to, that's potentially an [54:36] issue. So if it is earlier in [54:37] that process, you know, [54:38] pre-application or an [54:39] application, but still an [54:41] agency reviews those sorts of [54:42] things, that's where we felt [54:43] comfortable. Again, we don't [54:45] have a hard and fast case to [54:46] point to, but it sounds like if [54:48] we could catch a case in that [54:49] process, that'd be acceptable. [54:51] On the other hand, if case got [54:52] scheduled before council took [54:53] action, then we would start [54:55] having some tough conversations. [54:56] Okay. Thank you, COUNCILMAN [54:57] Parrish. Right. Thank you. MR. [54:59] MR. Chair, point of order, [55:00] COUNCILMAN Hudson. COUNCILMAN [55:06] Hudson, sorry about that. So I [55:08] guess I need to ask the clerk [55:09] for clarification here. I [55:30] withdrew my motion for. O q. [55:32] I'm going to allow COUNCILMAN [55:33] Hudson to make his motion to [55:36] table. Move to table, please. [55:39] Second, I have a motion and to [55:41] in a second, I think the [55:42] request was for voice, voice, [55:44] vote. I'm sorry. Roll call. [55:59] Vote. Chair. Owen. Yes. [56:01] Voting's closing. Vice-Chair [56:03] read. You have five yes votes [56:06] and three no. Thank you. It has [56:10] been tabled and. So we'll move [56:12] on to the next item, which is [56:17] item number 40-138-26. An [56:18] ordinance relating to the [56:19] detailed district development [56:21] plan for properties located at [56:25] 9718 Dixie highway and 5308 [56:26] Citation Road containing [56:27] approximately 2.7 acres and [56:29] being in Louisville Metro. Case [56:32] number 25ddp0085. Do I have a [56:37] motion? Motion. Motion seconded. [56:39] Julia. Julia Williams, Office [56:44] of Planning. This is 25ddp0085 [56:47] for chick fil a. This is [56:49] located at 9718 Dixie highway [56:56] in Council District 14. The [56:58] existing use is institutional [56:59] with a proposed use of [57:03] commercial. The property is [57:08] zoned c two. The request for [57:09] revised detailed district [57:11] development plan with binding [57:14] elements. The property is zoned [57:16] c two and the neighborhood [57:17] forum district. They're [57:18] proposing a restaurant, and [57:20] they're also proposing Fiesta [57:22] Way to be extended to connect [57:26] to Citation Road. This is the [57:27] applicant's development plan [57:29] where you can see Fiesta Way [57:31] connecting to citation, and [57:32] then the location of the [57:36] restaurant. So this is the [57:37] subject property view from [57:40] Dixie highway. Adjacent [57:41] property. The residential [57:46] located along Citation Road. [57:47] Residential. View from Fiesta [57:51] Way. Residential. View from [57:55] Bella Vista. Commercial view [57:59] across Dixie highway. So the [58:01] Planning Commission held their [58:03] public hearing on APRIL 2nd, [58:04] 2026, where there was a motion [58:05] to recommend approval of the [58:07] development plan, passing by a [58:09] vote of 8 to 0. Are there any [58:14] questions? Councilmember Sean? [58:18] Thank you, COUNCILMAN Read. I [58:19] don't really have any questions. [58:21] I would like to just make a few [58:22] comments, I guess, on behalf of [58:24] district 14 in support of this [58:28] development, the the developer [58:29] or the the restaurant that is [58:33] coming in is a well, well [58:36] established brand that the [58:38] community is has written [58:41] letters of support rather than [58:43] letters of opposition with. I [58:45] think 31 was the number to be [58:47] exact. I look forward to our [58:48] colleagues supporting this [58:51] development on Dixie highway as [58:52] it continues to grow and the [58:53] momentum is moving forward in [58:57] the right direction. Thank you. [58:59] What was the commission vote on [59:04] this 8 to 0. Travis, is this [59:05] another one of those situations [59:06] where this actually come to us [59:08] for a vote since it passed [59:09] unanimously? This is Laura [59:10] Ferguson, assistant county [59:11] attorney. This is a development [59:13] plan that had the council [59:15] review binding element, if I [59:16] remember correctly. Understand? [59:23] Cool. COUNCILWOMAN Marie. Thank [59:25] you. I read comments that came [59:27] in people very much in support [59:28] of the chick fil a, but they [59:32] were concerned about the exit [59:34] removing the dead end on Fiesta [59:37] Way. Is that still part of the [59:43] plan? Yes. There there's a [59:44] connection through Fiesta Way [59:46] to citation, so it won't be a [59:48] dead end anymore. It will go [59:50] through to citation. Do we have [59:52] any idea how much traffic [59:53] that's going to generate on [59:56] that road? I don't believe a [59:57] traffic study was required for [1:00:04] this development. Oh it was yes. [1:00:05] Yeah. There was a traffic study, [1:00:07] but I could see nothing in it [1:00:08] within the estimates of what's [1:00:22] going to happen to Fiesta. I [1:00:23] I'm not able to answer that [1:00:29] question. Okay. Thank you. Any [1:00:32] other questions from the [1:00:36] committee? Seeing none. This [1:00:43] requires a roll call vote. [1:00:49] Chair. Owen. Yes. Votes closing. [1:00:51] Vice chair rehab eight yes. [1:00:53] Votes. Thank you. And this will [1:00:54] go to old business at the next [1:00:56] council meeting. I am not [1:00:58] seeing anything else on our [1:00:59] agenda. Does anyone on the [1:01:00] committee have any questions or [1:01:04] anything they'd like to discuss? [1:01:06] Seeing none, we are adjourned. [1:01:23] Thank you.