Eastwood Fisherville
APPROVED: 9/19/24
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:
LDC Sec 7.3.10A sets an 18’ width objective standard re: the primary means of access. (Underline his, bold added).
An underpinning principle of all administrative law is that regulations must contain objective standards; subjective ones being illegal. (Bold added)
No one argues with that very specific 18’ width [requirement]
However, in a ministerial subd case…a developer’s obligations really can only be extended, under the formulation of LDC Section 7.3.10A in combination with the System Develop Charge Ordinance, to the following: (a) dedication of additional right-of-way, (b) frontage improvements, (c) assurance of an 18-road access from the nearest arterial (bold added)
All off-site improvements (other than any referenced widening of the access road or roads to 18’, which is an objective standard known to the developer going in) are to be paid through the Road System Develop Charge. (Bold added)
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.