Thursday, February 12, 2015

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

Tuesday, February 3, 2015

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




[1] Kentucky  Department of Environmental Protection