Eastwood Fisherville

APPROVED: 9/19/24

Case Manager: Dante. St. Germain

Representative: Bardenwerper, Talbott & Roberts, PLLC

Developer: JRS Investments, LLC

Design Engineer: Mindel Scott

Owner: JRS Investments, LLC

Eastwood Fisherville Residential

Case Number: 23-MSUB-0014

Location: Eastwood Fisherville Rd

FF DRO: No

Proposal: Build 206 houses and apartments in the Floyds Fork watershed. Proposal includes filling in floodplain, and wetlands.

Clearly the pavement is not 18'

The LDC gives no exceptions for railway overpasses.

LDC 7.3.10.A. states: "In order to be considered adequate, the street or combination of streets providing most direct means of access to an arterial level street shall have a minimum roadway width of 18 feet of pavement.” 

The roadway pavement must be 18’ the entire way to the arterial street; no other interpretation of this code exists. It is the width of the pavement from the proposed entrance to the closest arterial street. No exceptions are provided. This code is specific and measurable.


The development community has long claimed the absoluteness of this code. Attorney Bill Bardenwerper has previously testified to the “correct interpretations of LDC Section 7.3.10A. (see below).

He stated:

The illegally approved development at 2200 Eastwood-Fisherville Rd has two entrances. The northern entrance is across from Winding View Trail (38.20526143700262, -85.45243974474124) and the southern entrance is .~900’ south (38.20276889295003, -85.45394301993372). 

The north entrance is 2.31 miles from the most direct access to an arterial level street (Shelbyville Rd).

The south entrance is 2.24 miles from the most direct access to an arterial level street (Taylorsville Lake Rd/Taylorsville Rd intersection). 

The street or combination of streets providing the most direct means of access to an arterial level street is the southern route. This route has pavement that does not comply with the 18 feet requirement. The road narrows below 18’ prior to the Railroad Underpass, and narrows even further to 14’ during the Railroad Underpass. 

According to LDC 7.3.10 23-MSUB-0014 is non-compliant, Louisville Metro’s Transportation Department should not have approved the access, and the ministerial subdivision should not have been approved.