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

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