Second Public Hearing on Changes to the TNZD

Upcoming meeting of interest:
Re: Second Public Hearing on Changes to the TNZD
Tuesday 8/11 at 6PM
Historic Old Louisville Information & Visitors Center - Central Park

No ZALU meeting in July through October 2015

There was no regular monthly meeting of ZALU in July through October 2015.
ZALU = Zoning and Land Use Committee of the Old Louisville
Neighborhood Council.

Notice of July 8, 2015 Public Hearing: Changes to the TNZD

You are invited to attend a neighborhood meeting for a proposed TNZD (Traditional Neighborhood Zoning District) MAP CHANGE and LAND DEVELOPMENT CODE TEXT AMENDMENT.  The proposal is to: (1) Evaluate the TNZD regulations related to signage; (2) Evaluate the list of permitted uses in the TNZD; and (3) Examine the current Neighborhood Center boundary on the TNZD Map to determine whether it should be extended.

Subject Property: TNZD area of Old Louisville
Case Number:       15AREA1001
Case Manager:     Brian Mabry, AICP, Planning Coordinator (brian.mabry@louisvilleky.gov)

Date:        Wednesday, July 8, 2015
Time:        6:00 PM to 8:00 PM
Location:  Old Louisville Information Center, Central Park, 1340 S. 4th St.

To view documents related to this proposal, please visit:
Louisville Metro Planning and Design Services (Hours: 8:00 AM to 5:00 PM)
444 S. 5th St., 3rd Floor, Louisville, KY 40202
(502) 574-6230

Or visit louisvilleky.gov/government/planning-design for:
Meeting agendas and staff reports (typically available one week prior to meeting)
More information on zoning processes
Public comment opportunities
Applications for a petition for a night hearing, including procedures to change the time and/or location of a public hearing to 6:00 PM or later downtown, or to a convenient location.

A list of persons notified of this proposal is available in the case file.

Persons who desire special accommodations should contact the Planning Commission office at (502) 574-6230 at least one week prior to this meeting.  TDD users please use the Relay Service 1-800-648-6056.

Resolution to change the text and mapping of the TNZD

The following is the text of a resolution introduced by Louisville Metro Councilman David James.

APPROVED ON APRIL 24, 2015

RESOLUTION No. Q f-0, SERIES 2015

A RESOLUTION REQUESTING THE PLANNING COMMISSION, THROUGH STAFF IN LOUISVILLE METRO PLANNING AND DESIGN, TO: 1) EVALUATE THE TRADITIONAL NEIGHBORHOOD ZONING DISTRICT (TNZD) REGULATIO PARTICULARLY AS THOSE REGULATIONS RELATE TO SIGNA PROPERTIES WITHIN THE TNZD AND THE LIST OF LAND USES CURRENTLY SET FORTH IN THE "TRADITIONAL NEIGHBORHOOD ZONING DISTRICT REPORT FOR OLD LOUISVILLE/LIMERICK," APPENDIX 2B OF CHAPTER 2 THE LAND DEVELOPMENT CODE, TO DETERMINE WHETHER THE TN USE REGULATIONS ARE EFFECTIVELY ACHIEVING THE PUR ORIGINALLY OUTLINED IN THE TNZD PLAN AND WHETHER EXPANDIN LIST OF LAND USES TO INCLUDE MORE COMMERCIAL USES TO PRO ADDITIONAL ECONOMIC DEVELOPMENT AND OPPORTUNITIES IS BENEF TO THE TNZD; 2) EXAMINE THE CURRENT NEIGHBORHOOD C BOUNDARY ON THE TNZD PLAN WIAP TO DETERMINE WHETHER IT SHOU EXTENDED TO INCLUDE PROPERTIES ON ITS PERIPHERY AND NEARB HAVE COMMERCIAL CHARACTER THAT WOULD WARRANT THEIR IN IN THE NEIGHBORHOOD CENTER; AND 3) HOLD A PUBLIC HEARING AND MAK RECOMMENDATIONS TO THE LOUISVILLE METRO COUNCIL BASED U RECORD OF EVIDENCE ESTABLISHED FOR ENUNIERATED REQUESTS 1 A

SPONSORED BY: COUNCILMAN DAVID JAMES WHEREAS, the Metro Council wishes to support the ongoing prosperity of the

Old Louisville Neighborhood through the consideration of land use regulations that

promote existing and new business development in the Traditional Neighborhood Zoning District ("TNZD"), and;

WHEREAS, the Council understands that the original Old Louisville Neighborhood Plan and the Limerick Action Plan was adopted in 1982 and that the current list of land uses designated for properties located within the TNZD were compiled and recommended by a task force organized to review and make recommendations to amend the Old Louisville and Limerick Neighborhood Plans, which

was accomplished in 2000, and that that task force selected particular land uses for inclusion in said use listings with the intent to promote and to guide contemporary land

use proposals so that they may, incrementally, recreate a fabric of uses that both reflect

the original character of the neighborhoods and incorporate appropriate modern adaptations, and;

WHEREAS, the Council now desires to revisit this list of land uses and associated regulations to determine whether it is inclusive and flexible enough to promote the desired range of economic development and redevelopment opportunities, including those uses that meet changing needs, technologies, economics, and consumer preferences that were not originally contemplated at the time the current land use list was compiled, and;

WHEREAS, the Council further acknowledges that the task force also designated the intersection of 4th and Oak Streets as the core of the Neighborhood Center and,

accordingly, set the Neighborhood Center Boundary with the intent for those properties

located within the boundary to serve as the commercial center and main public meeting space for the surrounding neighborhoods, and;

WHEREAS, the Council believes that the Neighborhood Center Boundary should

be reexamined to determine whether properties on the boundary's periphery and/or

located nearby now contain characteristics that would warrant expanding the boundary,

possibly as far down as Oak Street, to include those properties within the Neighborhood Center, and;

WHEREAS, lastly, the Council understands that there seems to be confusion between applicable TNZD regulations and Landmark Guidelines as they relate to the approval and placement of signage on properties located within the TNZD, which makes it difficult for businesses to understand what type of signage is permitted on which property, and;

WHEREAS, the Council now wishes for all sign regulations within the TNZD to be reviewed and make recommendations on how to alleviate any conflicts between these TNZD regulations applicable to signage,

NOW THEREFORE BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF T LOUISVILLE/JEFFERSON COUNTV METRO GOVERNMENT AS FOLLOWS:

Section I: The Metro Council hereby requests that the Planning Commission, through its staff in the Department of Develop Louisville, evaluate the TNZD regulations, particularly as those regulations relate to signage on properties within the TNZD and the list of land uses currently set forth in the "Traditional Neighborhood Zoning District Plan Report for Old Louisville/Limerick," Appendix 2B of Chapter 2 of the Land Development Code, to determine: A) resolutions between any conflicts and/or confusion in local

regulations that pertain to signage on properties located within the TNZD; and B) the

effectiveness of current TNZD land use regulations based on whether those regulations

are achieving their purposes as originally outlined in the TNZD Plan, and particularly whether the current land use listing should be expanded to include additional

commercial uses.

Section II: The Metro Council hereby also requests that the Planning Commission examine the current Neighborhood Center boundary on the TNZD Plan Map to determine whether it should be extended, possibly as far as Oak Street, to include properties located either on its periphery or located nearby that have characteristics that would warrant their inclusion in the Neighborhood Center.

Section III: The Metro Council hereby requests that after the Planning Commission and Develop Louisville have accomplished Council's requests as outlined in Sections I and II above, the Planning Commission hold a duly noticed public hearing

to present its findings and make recommendations to the Metro Council on any proposed amendments to regulations related to signage and land uses on properties located within the TNZD as well as a recommendation related to whether an extension

of the Neighborhood Center boundary is warranted to include additional properties that now exhibit characteristics of the Neighborhood Center.

Section IV: This Resolution shall take effect upon passage and approval.

H. Stephen Ott/ Metro Council Clerk

Mayo

David W. Tandy President of the Counfci

Approved

Date

APPROVED AS TO FORM AND LEGALITY: Michael J. O'Connell LOUISVILLE METRO COUNCIL!

No ZALU meeting in June 2015

There was no regular monthly meeting of ZALU in June 2015

Draft of May 2015 meeting minutes for ZALU Committee

Draft of the minutes of the Zoning and Land Use [ZALU] Committee of the Old Louisville Neighborhood Council.[OLNC]

Meeting of Wednesday, May 13, 2015  

THIS DRAFT STILL REQUIRES APPROVAL BY VOTE AT NEXT ZALU MEETING.       

Location: Historic Old Louisville Information Center, Central Park

In attendance: Chuck Anderson (Chairman), Lira Johnson, Stephen Peterson, Mary Martin,     Bob Bajandas, Leah Stewart, Christopher White

Absent: Erinn Lee, Joe Impellizzeri.                          Guests: none

Quorum: Yes.

Summary: No motions or voting procedure transacted on any ZALU business.

CALLED TO ORDER: 7:03 p.m.

Old Business

I.  Minutes: As there was no April 2015 ZALU monthly meeting, the March 11, 2015 ZALU meeting minutes were approved for publication and distribution on April 16, 2015 by email and telephone voting by committee members.

II.  Letters to inform real estate listing agents of the particular TNZD code requirements for properties in the various component sectors of the historic district.

A. Production of large TNZD Map that included street numbers for all properties to facilitate easier property identification by TNZD component, especially as it expedites the sending out of Realtor Letters from the OLIC by the Center’s administrator, David Williams. Anderson reports. Production of the map has been accomplished and it is now available.

B. Three types of letters have been composed by Mary Martin.

  1.  Question of the usefulness of other types of letters (i.e. for Corner Commercial, Institutional, Neighborhood Center Transition Edge properties) was raised. It was generally agreed that no letter is needed for the so-called "Campus Edge Transition" properties because there is only one owner for that sector, and no separate letter needed for Neighborhood Center Transition Edge because it is already included in one of the letter forms.  Two additional letters (for the other district mapped components named above) will be generated by Mary Martin at her convenience. It is recommended that any multi-page letters should have numbered pages in order to preserve the sequence of certain content.

  2.  Discussion points: We haven't sent out any such letters in over a year, so some properties have been bought and changed/developed in the meantime which are in conflict with the codes.  We can't easily figure out what properties are being developed in non-compliant/nonconforming ways unless someone knows of such violations and informs members of ZALU. Example: 1213 S. 2nd St. Owner (deceased in 2014) had completely gutted the house "a long time ago" (according to a Realtor who walked through the house), and its been on the market and padlocked for some time. It is now being bought in "a short sale", not foreclosed. It is advertised as "five units" and the  potential buyer received nonconforming rights (NCRs) for three units from Metro..  Question raised about the legal standing of the person who requested the NCRs determination by Metro, and if the person is not the owner, nor in contract to purchase, what are the implications of this for ZALU having standing to request such a determination.

3. David Williams now has the tools and the letter forms to start sending out the letters. An MS Word document derived from the D. Bilitizky copy of the TNZD will be provided to Williams for each type of letter into which he can copy the various tables from the TNZD, which tables Anderson will provide with the assistance of Lira Johnson.

New Business

I. Hookah Bar opened at 7th and Hill. Not in the TNZD. Already established as operating business. It is felt to be a moot issue.      

II.  AirBnB.

A.  Anderson reports on a letter of complaint from a resident of Old Louisville who describes the case of a single-family residential property next to his home where the  owner is operating as a business enterprise the short-term rental of his house to parties in excess of 20 people a night through the AirBnB service on an ongoing basis, not just for the KY Derby weekend. Also, the property owner, the so-called "host" is not on site to manage any problems. Question: should ZALU take a position on the acceptability or not of these new AirBnB types of largely unregulated and "below the radar" enterprises in Old Louisville.

1. Discussion point: Metro has recently sent "cease and desist" letters to a small number of these enterprises citywide and is in process now in attempting to arrive at the best regulatory answer to this particular use of properties.

2. Discussion point: Stewart reports on and reads from a position statement produced for the Bed & Breakfast Association of Louisville and Kentucky Bed & Breakfast Association which proposes to Louisville Conventions Bureau and Metro Codes & Regs a regulatory framework for dealing with the AirBnB type of short term rentals of residential properties, the framework is essentially that no new regulatory laws be created, rather enforcement of existing regulations, inspections, permits and taxes be consistently applied to these new enterprises, and that the playing field be level for all short term residential accommodation businesses.

3. Question: what about those people who just rent out their house for Derby? what are such single event insurance issues for this type of occasional rental?

4. Discussion: Should ZALU sign on in support of the position statement of the Bed & Breakfast Associations?  ZALU members asked that Leah circulate, by email, the position statement to the ZALLU members for our review. Such a letter ought to try to strike a middle ground in the current debate so ZALU doesn't appear to be merely reactionary, we must state why we think it is good for the property owners and the neighborhood at large that the necessary protections offered by current regulations be equally applied to all short term residential rental enterprises.

B. Conclusion: General agreement that Anderson will send the B&B letter, as presented by Stewart, around to the ZALU committee and he will develop a motion to the OLNC indicating ZALU support of the B&B position statement on AirBnB rentals in the neighborhood and send this out to the committee for review.

V. Other business.

A. The resolution presented by Councilman James to Metro Council directing the Planning Commission to explore changes to the TNZD. White reviews one particular paragraph of the resolution that dealt with changing the boundary of the Neighborhood Center. The origin of this particular and specific directive idea remains unknown. CM James disavowed being its author as did the Attorney to the Planning Commission, Jonathan Baker. The problem is that the motion that came from the OLNC on desired changes in permitted uses and signage in the TNZD did not include specific language about a boundary change to any mapped component of the District Form.

1. It was a matter of dispute among the ZALU committee whether expanding the Neighborhood Center was a part of the 2014-15 public discussion of changes to permitted uses in the TNZD.

Stewart stated that she has never supported the change of any component boundaries because that would slow the implementation process and denied any part in authoring the motion.

2. Under the current codes, adding properties to the Neighborhood Center is complicated by the Land Development Code requirements for the Center component. It is hard to expand the Neighborhood Center into an area that has an historic building on it that's not at the street face. The Metro Council resolution doesn't ask to change the current codes, but to expand the boundary of the Neighborhood Center.

B. Has anyone seen the exact language of the Metro ordinance controlling for Boarding and Lodging Houses?  Peterson will find the document and forward to ZALU members.

Other business, continued.

C. Will the ZALU bylaws be revised by the current bylaws review subcommittee?

Anderson and Stewart serve on the subcommittee, their answer is: no. It will be recommended that the ZALU bylaws be incorporated within the larger OLNC bylaws.

D. Property cases

1. 1213 S. 2nd revisited. More discussion of "standing" in requests for Metro determinations.White will inquire of Metro PDS if indeed such a determination was formally issued, and will procure any documents related to the such determination of NCRs, and email them to any ZALU members who would want them for review

2.    1608 S. 2nd. White reports and will follow up after an update from April Robbins.

2. 109 W. Ormsby Ave. White reports and will update when new info is available.

Adjourned at 8:10 p.m.

ZALU Meeting Minutes of March 11, 2015

Minutes for March 11, 2015 meeting of Old Louisville Zoning and Land Use Committee [ZALU].
(Approved on 4.16.15 by a vote of ZALU committee members.)

Regular public meetings are held on second Wednesday of each month.

Location: Historic Old Louisville Information Center, Central Park.

Attending ZALU Committee members: Chuck Anderson, ZALU chair; Leah Stewart, Bob Bajandas,            

                             Christopher White, Lira Johnson, Stephen Peterson, Mary Martin.

Absent: Joe Impellizzeri, Erinn Lee.              Guests: None            Other attendees: None

Quorum: Yes

Called to order at 7:00 p.m.

I   [7:02p] February 2015 minutes submitted for review. MSV.  Approved unaninmously without changes.  

II. Old Business

A.    Edison Center project: Bajandas reports on the letter he drafted and sent to the developer.

[7:03 p.m.] The letter in support of the Edison Center project was changed from its original first draft. The revision drops language pertaining to hazardous materials because, given that the Center is committed as office space for the next 15 years and there were so many uses allowed in EZ1 zoning that were as or more objectionable than hazardous materials, and more likely to happen (for example: plasma centers and shooting ranges,) it did not make sense to focus on hazardous materials.    

[7:04 p.m.] Bajandas contacted the developer and raised the issue of an unsightly and unfriendly looking chain link fence appearing in the latest edition of the site plan but which had not appeared on the previous edition of the plan. The developer responded that the fence is a requirement of  the restrictions on the site by the current deed; Bajandas confirmed that the deed so expressed this condition “in order to prevent unathorized access to the property”. Stewart pointed out that if the developer wants to, a deed restriction can be lifted by the BOZA.

Question: Is fencing a zoning issue? Answer: yes, it is first a zoning issue before it is a PIC issue. The developer is pleased with the ZALU letter of support and its two expressed points. No further action needed at this time.

B. [7:11 p.m.] Letter to attorney Steve Porter. Subject: OLNC participation as a party in a lawsuit against Metro Planning Commission. See ZALU motion of 1/14/15. Anderson reports. Letter sent. At this time, no reply yet received from Porter. No action until Porter responds.

      C.   [7:12:40 p.m.] Outstanding property or zoning cases

     

1.     1379 S. Brook: Johnson updates on current conditions. Recent eviction of resident. Contractor on site said building to be gutted prior to development. Three meters seen by Johnson. Nothing going on. Will monitor. 

2.     Question: dumpsters and permits. Dumpsters on or crossing the public right of way require a Metro permit.

3.     522 W. St. Catherine: Peterson reports. Status: single family. Recently foreclosed. Under contract for sale. Appears abandoned and vandalized. Four meters on structure. Monitor and watch for permits being issued.

D. [7:23:40 p.m.] White asks about the current regulations on flashing or moving image signs in the TNZD? Anderson reports: review of signage in the TNZD is going to be a part of a resolution being put together by Metro Council for the Planning Commission. The OLNC had voted in 2014 to eliminate the signage regulations of the LDC Appendix 2b section 2.9 and that “Signage within the Traditional Neighborhood Zoning District shall comply with Landmark Design Guidelines and the Traditional Neighborhood Form District.  Where there is a conflict, the latest version of Landmark Design Guidelines shall govern.”[OLNC document “Signage Request” 3.20.2014. (Author?)]. Discussion continued on the particular issue of flashing signs hung on the inside of windows. Many contradictory understandings and opinions expressed by ZALU on definition of signs. No agreement reached. Anderson will send ZALU members the OLNC request for changes to signage regs.

      E.[7:30:10 p.m.] Informational letter to Realtors of new listings. Anderson reports. Martin objects to the idea of sending the letter selectively to realtors and asserts that documentation needs to be assembled and kept at the OLIC that shows that all of the realtors have been notified, that the letter has been sent to all, and the letter goes via email with a copy of the listing which will describe the status of the property as single or multi etc. If there is a question or a dispute about whether a property is listed correctly then further action by ZALU may be initiated. The OLIC administrator (David Williams) will need a TNZD map with neighborhood components and street addresses. It is likely that at least three letters will be needed to match the multiple use groups in the neighborhood. Must get the appropriate number of letters done immediately. Anderson will get/print the so-described TNZD map.

III    Adjourned at 7:55:25 p.m.                                                                  Minutes recorded by CTWhite

Minutes for ZALU meeting of February 11, 2015

Minutes for February 11, 2015 meeting of Old Louisville Zoning and Land Use Committee [ZALU].

(Approved for publication on March 11, 2015)

Regular public meetings are held on second Wednesday of each month.

Location: Old Louisville Information Center, Central Park.
Attending ZALU Committee members: Chuck Anderson, ZALU chair; Leah Stewart; Bob Bajandas;            

                             Christopher White; Lira Johnson, Erinn Lee;

Absent: Joe Impellizzeri; Stephen Peterson; Mary Martin.              Guests: None            Other attendees: None

Quorum: Yes

Called to order at 7:05 p.m.

Summary of two motions: Approval of minutes; Approval to direct Bajandas on letter points for Weyland Group.

I    Meeting minutes

A.   January 2015 minutes submitted for review. MSV. Approved unaninmously without changes.   [1’42”]

B.   Handling of minutes after approval. Anderson leads discussion. Upon ZALU approval, a PDF of the minutes are sent to David Williams, administrator of the OL Information Center for distribution to the OLNC chairman and association representatives. ZALU recommends that the minutes also be posted on OLNC/OLIC website. Since  ZALU’s process delays making minutes available until after approval in the following month, concern was raised about such delay and its implications for OLNC actions; all agreed that such a process was normal and that any motions, as well as a business summary from ZALU or PIC to the OLNC could still be expedited with or without minutes at hand. [6’45”]

II. Old Business

A.   Edison Center project: Rehabilitation of LG&E & CSX property at 1228 S. 7th St., by Bill Weyland group.

Developer is seeking a zoning change from M1 to EZ1 and has asked for a letter of support from OLNC.

Bajandas reviewed the topic and has drafted a letter.  Letter points discussed.

Issue 1, Adult entertainment: it is already prohibited so it is unneccesary for ZALU to address.

Issue 2, Potentially hazardous and nuisance uses -fire, explosion, noise, vibration, dust, etc.,- [KY Bldg. Code]  are permitted in M3, C2, & EZ1 zoning: Shall ZALU put a condition of use on hazardous materials in its letter or could the concern of ZALU be expressed without the language of conditional use? With the Mayor’s committment to the property for 15 years there is not likely a problem in the near future; but what happens after that, a different mayor, a different economy?

Issue 3, Landscaping in the future, after contamination abatement: our letter could convey our preference for some above ground landscaping (not involving trees) in the short term and, too, that at a point in the future after abatement is complete that landscaping be upgraded to meet Metro tree canopy requirements.

MSV that letter to Weyland Group make two suggestions (issues 2 & 3) for voluntary improvements, not binding elements, in the developer’s plan . Motion passes: 4-1.  [15 min.]

B.   Property cases
1.   Case Z-14-05: 109 W. Ormsby Ave. Enlargement of nonconforming use. White gives update.

      Owner’s lawyer appeared in Circuit Court on 1/28/15 and successfully forced Metro to refile the charge(s)

      against the property owner on technical grounds. ZALU will continue to track and update as action happens.
2.     1608 S. 2nd St. White reports. Rooming house was sold as a triplex. May or may not turn out to be

      zoning case; Metro Codes and Regulations has begun an investigation of the property. White will report again.
3.    1230 S. 3rd St. Anderson reports. History: house used as barber college then child care center, now vacant.
       Property should be watched. Sign indicates that property is for sale. Not a zoning issue at this point.
4.  504 W. Oak St. Anderson reports for Mary Martin (absent) on property. Issue: 2120 sqft area of living space and the
      advertised development potential as duplex conflicts with Neighborhood General requirements for 2250 sqft area in 
      primary unit.
5.   932 S. 5th St. Anderson reports for Stephen Peterson (absent) on property in SoBro district. History: quonset hut 
      structure formerly a Greek Orthodox church; currently used by another church congregation.
     No action by ZALU warranted at this time. [12’ 40”]

C.   Informational letter to Realtors of new listings. Anderson reports. Shall ZALU vet the realtor listings and decide who should/should not get a letter. General agreement: not all realtors nor all properties require a letter. Of concern are listings with incorrect development claims (single-family to triplex, basement units, etc.).

      More complete listing data is needed for ZALU to vet the listings. Suggestion that some realtors who frequently give incorrect information in listings may be uninformed of TNZD requirements and ought to be invited to meet with ZALU. Stewart prompts discussion of ZALU offering a realtor continuing education class for credit on TNZD matters. White and Johnson suggest ZALU develop a podcast or Powerpoint for posting online. [8’45”]

D.   OLNC participation as a party in a lawsuit against Metro Planning Commission. See ZALU motion of 1/14/15.

1.     Anderson will present the ZALU (1/14/15) motion to the OLNC at its February meeting.

2.     Anderson reports that OLNC executive officers say that they have filed the 501(h) election form. [2 min.]

III    Adjourned at 7:52 p.m.                                                                      Minutes recorded by CTWhite

ZALU minutes from meeting of January 14, 2015

Minutes for January 14, 2015 meeting of Old Louisville Zoning and Land Use Committee [ZALU].

(Approved for publication on February 11, 2015)

Regular public meetings are held on second Wednesdays of each month.

Location: Old Louisville Information Center, Central Park.

Attending ZALU Committee members: Chuck Anderson, ZALU chair; Leah Stewart; Bob Bajandas;            

                             Christopher White; Mary Martin; Lira Johnson.

Absent: Joe Impellizzeri; Erinn Lee; Stephen Peterson.                Guests: None            Other attendees: None

Quorum: Yes

Called to order at 7:12 p.m.

Summary of two motions: Approval of minutes; Approval of a proposal that the OLNC be a party to a lawsuit;

I.  December 2014 minutes submitted for review and publication.  MSV. Approved unaninmously. [38 sec.]

II. Old Business

A.    Could the OLNC participate as a party in a lawsuit? Why should ZALU even address this question?

Lira Johnson reports on IRS regulations regarding allowable activities of 501(c)(3) organizations. The only caveat: if purpose of a lawsuit is overtly political, then that could be an issue. The subject lawsuit involves the question of whether the Metro Planning Commission is lawfully constituted, in that its membership does not appear to meet Kentucky statutary requirements controlling for various kinds of representation, for example, minority representation and numbers of developers.  It is proposed, moved and seconded that:

The OLNC join a lawsuit brought by attorney Steve Porter in complaint against the Metro Planning Commission, Mayor Greg Fischer, and the Metro Council, which claims that the composition of the Planning Commission is in violation of Kentucky law and Louisville Metro ordinances in its composition of members.

The conditions of the OLNC joining the suit are as follows:

1. That no money is required of the OLNC to join the suit, as has been promised by Steve Porter, attorney  

     for the plaintiffs;

2. That Steve Porter is appointed to represent the OLNC as a party plaintiff in the suit.

The motion is amended to add the following condition:

3. That the OLNC secure a letter of engagement with attorney Porter stipulating the rights and responsibilities of both the OLNC and Porter once the OLNC joins the lawsuit.

The motion as amended is approved. 5-yes, 1-no. [25 min. 30 sec.]

B.    Edison Center project: Rehabilitation of LG&E & CSX property at 1228 S. 7th St., by Bill Weyland group.

Four issues: adult entertainment; hazardous waste processing; tree canopy; change of zoning to EZ1.

December discussion by ZALU of the project was left without any actionable proposals.

Discussion taken up again on binding elements related to tree canopy and hazardous waste issues.

Bob explains the difference in the meaning of “contamination” and “hazardous (explosive) materials”; he will draft the language for binding elements related two issues: explosive materials and adult entertainment.

Pros and cons of supporting or opposing the requested zoning change from M1 to EZ1. EZ1 offers greatest flexibility and range of industrial uses. Action again deferred until draft of language is presented to ZALU.

       [21 min.]

C.    Informational letter to Realtors of new listings. Mary Martin presents three forms of the letter.                                       Questions fielded about how the letters would be processed and sent by the OLIC administrator, and whether clickable hyperlinks will be included in the letters, and whether a multiple page format of each letter is too much(?)  Letters, as presented, are deemed acceptable. No motion required.[9 min.]

D.    Case Z-14-05: 109 W. Ormsby Ave. Enlargement of nonconforming use. White gives update.           Property owner to be arraigned in circuit court on Jan. 28. Discussion. No action requested. [3 min. 45 sec]

III.  New Business

            Chuck reports on an upcoming review of the charters of several OLNC committees including ZALU.            

Adjourned at 8:10 p.m.                                                                                   Minutes recorded by CTWhite

Minutes for ZALU meeting of December 10, 2014

Minutes for December 10, 2014 meeting of Old Louisville Zoning and Land Use Committee [ZALU]

Approved for publication on January 14, 2015.

Regular public meetings are scheduled on second Wednesday of each month.

Location: Old Louisville Information Center, Central Park.

Attending ZALU Committee members: Chuck Anderson, ZALU chair; Leah Stewart; Joe Impellizzeri;

Bob Bajandas;  Christopher White; Stephen Peterson; Mary Martin;  Lira Johnson

Absent: Erin Lee             Guests: None           Other attendees: Joan Stewart

Quorum: Yes

Called to order at 7:05 p.m.

I.  October and November 2014 minutes submitted  together for reading,  review and approval. Change to November minutes agreed upon; shall read: “Bob Bajandas,  Acting Chair”. MSV. Unanimous approval with one change. 

II. Old Business

A.  Business Group revision of a motion currently being considered by the OLNC. Topic: permitted uses in TNZD.

Leah Stewart reported for the Business Group

Incorporate by reference the list of permitted uses from C2 as the permitted use list in Neighborhood Center Edge Transition and Neighborhood Center.  Attach the list of permitted uses from C2 minus outdoor entertainment, which would be permitted only by Conditional Use Permit in Neighborhood Transition.

Adopt the ZALU TNZD Group's recommendations for Corner Commercial.

Discussion about: the wording of the revisions; how will Metro staff process and refine the wording;  the multiple lists of uses and erroneous information that are circulating in the neighborhood ; the status of the TNZD Review Group as a standing committee.  Issue was taken with the authority of the list of recommended uses from the TNZD Review Group and whether ZALU should have voted on the TNZD Group recommendations.

B.  Realtor letter(s). Mary Martin reported: three forms of the letter per three neighborhood sectors to be emailed and to include embedded internet links to relevant regulations and guidelines.

C. Summary of recent BOZA case in which ZALU participated: loss of nonconforming rights at the property 944 S. 6th St.;  BOZA rules for owner holding on to nonconforming rights.  Leah Stewart & Stephen Peterson reported.

III.  New Business

A.    Edison Center project: Rehabilitation of LG&E & CSX property at 1228 S. 7th St., by Bill Weyland group.

Bob Bajandas reported on project and on a request from Weyland for a ZALU letter supporting their project.

Issues:

-Project is asking for EZ1 zoning which allows adult entertainment and hazardous materials

-Could ZALU support an M3 zoning rather than EZ1? M3 zoning allows for restrictions on hazardous materials.

-Could ZALU recommend / insist on a binding element that proscribes adult entertainment and hazardous materials?

-Project seeks a landscaping waiver [Metro LDC 10.1.8  #18, “Tree Canopy waiver”] Can such a waiver include

1)  a condition that landscaping be provided when in the future the environmental issues cease and

2) in the meantime, in areas where parking is not shown on project plans,  that two-to-three-foot high knee walls and soil be provided for plantings of greenery and shrubbery

-How is waste material to be handled? ZALU could stipulate that not permitted would be any hazardous waste issues reviewed in the construction permitting process at the State [DEP][1] level.

Agreement by ZALU to strongly support the project with binding elements against adult entertainment and hazardous materials.  The issues surrounding the landscaping waiver were left unresolved; reluctance to include a binding element that provides/ requires for landscaping in the future when environmental issues are resolved/ceased.

Member,Peterson asks for clarification of the waiver issue and requested that ZALU include a binding element in its motion as concerns tree canopy in the future when/if conditions change.  Member Johnson asserted that such a conditional binding element would never sail legally.  No motion was ever finally articulated or voted upon.

B.   Parties sought to sign on to a lawsuit claiming illegal membership of the Metro Planning Commission

Leah Stewart reported on the claims and issues in the case brought by attorney Steve Porter. 

Issues: Can the OLNC participate in such a case because of the Council’s 501(c)(3) status? Should we be involved?

Answers needed before a motion or consensus can be sought.  Lira Johnson will research and report to ZALU.

Adjourned at 8:15 p.m.                                                                       Minutes recorded by CTWhite

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[1] Kentucky  Department of Environmental Protection