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Shepherdsville council holds first reading to block rezoning for Oak Grove townhomes after legal concerns
Summary
The Shepherdsville City Council read an ordinance to override a county planning commission recommendation to rezone a 1.22‑acre parcel at 800 Beech Grove Road for townhomes. The applicant proposed revisions and a neighborhood meeting; the city attorney warned accepting a withdrawal as "final action" could be legally risky under state statute.
Shepherdsville’s City Council held a first reading on Aug. 26 of an ordinance that, if adopted, would prevent rezoning of a 1.22‑acre parcel at 800 Beech Grove Road for a proposed townhome development.
The rezoning would have changed Parcel 037C 0001001 from R‑1 (single‑family residential) to R‑3 (medium‑density residential). The Bullitt County Joint Planning Commission had recommended approval; the applicant asked the council to accept a withdrawal letter to allow revisions and to waive the county’s one‑year restriction on reapplying.
City Attorney (speaker 3) told the council he "doesn't think that that is the way the statutes read," warning the council that treating a developer’s withdrawal as "final action" could conflict with the 90‑day timeline and risk a legal challenge. The attorney said there is limited case law on the question and characterized the legal risk as "very, very, very small" but real.
Emily, representing the applicant, said the developer would hold a neighborhood meeting on Sept. 9 to present a revised plan and send notice to adjoining property owners; she asked the council to accept the withdrawal so the applicant could rework designs without waiting the year. "We're not planning on submitting anything before the eighth," she said, adding the applicant was willing to sign documents stating it would not appeal.
Council members stressed they would want to see substantive changes before supporting any waiver of the one‑year rule. One councilor framed the question as whether the applicant’s next submittal would be "substantial" enough to satisfy neighbors and the council; another noted the city recently adopted a comprehensive plan that recommends about eight townhomes per acre for medium density, while the applicant’s plan proposed roughly 18–19 units.
The ordinance read at the meeting (025029) was introduced as a first reading; the council did not take a final vote. City staff and the applicant intend to hold the neighborhood meeting before the council’s Sept. 8 meeting; the attorney said two readings would be required if the council chooses to override the planning commission before the 90‑day deadline.
What happens next: the applicant plans a neighborhood meeting on Sept. 9; council members asked to receive the revised plan before the council’s next meeting so they can decide whether to move forward with a second reading and final vote.
