August 2016: No ZALU meeting convened in August

Because no ZALU meeting was convened in August 2016, 

the July meeting minutes are not yet available.

June 2016 ZALU Meeting Minutes

ZALU MEETING

June 8, 2016

In attendance: Chuck Anderson, Bob Bajandas, Lira Johnson, Mary Martin, Stephen Peterson, Leah Stewart

Absent: Ken Maguire

General discussion was held on the short term rental ordinance. No action taken.   

Will continue to monitor

General discussion on changes to commercial uses within TNZD.  No action taken.  

Will continue to monitor.

The realtor letter was discussed.  Have asked Eric Cowley to check into.

1025 South 2nd Street - it has been stated that this property will become a rehab center.   Bob Bajandas will discuss this use with Brian Mawbry as there are many questions about it being allowed in the TNZD.  Bob will report at next ZALU meeting.

Minutes prepared by

Chuck Anderson

March 2016 ZALU Meeting Minutes (out of order)

ZALU Meeting 03/09/2016 @ 7:00 PM

Members in attendance 

Chuck Anderson

Mary Martin

Bob Bajandas

Lira Johnson

Eric Cowley

Ken McGuire

Absent
Stephen Peterson
Leah Stewart

Meeting called to order @ 7:10 PM

February 2016 Minutes Approved with changes

LG&E Building Rehabilitation (Status Update):

See email from Bill Weyland to Bajandas No issues with opening of cap

Liquor License Applications: Should ZALU pursue Liquor Licensing issues, Anderson to send out ZALU Charter
 

TNZD (Status Update): Brian Mabry sent out changes

New Business: Two instances of residences currently advertised as “home for rent” while being used as multi- family. Are non-conforming rights negated by advertising as prior mentioned? Can a property transfer back to non-conforming multifamily use? Approximately 1600 Block of S 4th Street and a duplex on approximate 1700 block of S 2nd Street. Check Anderson to request clarification to Steve Hendricks —Mary Martin to supply Chuck Anderson with specific information on the situations.

Possibility of a new ZALU Member?

Motion to adjourn at 7:48P

May 2016 ZALU - No meeting

April 2016 ZALU Meeting minutes (out of order)

ZALU Meeting 04/13/2016 @ 7:00 PM

Meeting called to order @ 7:04 PM

March 2016 Minutes Approved without changes

TNZD (reference attachment 1 — Email from Brian Mabry) two issues with proposed changes

Motion to support correction in referenced email passed unanimously. (initiated by Mary

Martin seconded by Ken McGuire)

Short Term Rental Ordinance (reference attachment 2 — Staff Report from April 11, 2016 Meet-

ing)

Several houses west of the Rudyard Kipling are bringing up questions on appropriateness. All

work has been cleared by landmarks and permits in place.

Text amendment and mapping changes minutes from Brian Mabry — Watch for next meeting

and maintain those changes in the minutes are ONLY those changes presented to Metro Coun-

cil.

Motion to adjourn at 7:56 PM

Feb 2016 ZALU Meeting minutes (out of order)

ZALU Meeting 02/10/2016 @ 7:00 PM

Chuck Anderson
Mary Martin (Absent)
Bob Bajandas
Stephen Peterson
Lira Johnson (Absent)
Eric Cowley
Leah Stewart

Old Louisville Zoning and Land Use [ZALU] committee
February 10, 2016
Meeting called to order @ 7:01 PM

January 2016 Minutes Approved

LG&E Lot
Engineer to be contacted & Open Records Requested from KY to discover reasoning be hind fresh topsoil and concrete demo

1608 S 2ND Street
Large gravel which has deemed as a non-conforming use.  To be reported to 311


RPM Development
New Development Company

Student Housing on Hill between 2nd and 3rd
Low Income Tax Credit Development may have approximately 20 years remaining prior to tax credit expiration.  University students are specifically exempted from applying for these properties.

New Business
Eric Cowley set up auto notification to David Williams’ email to notify all new listings in Old Louisville to send out realtor letters.


Motion to adjourn at 7:47

OLD LOUISVILLE/LIMERICK

TRADITIONAL NEIGHBORHOOD ZONING DISTRICT

                                                                       TNZD

                                      To see enlarged map and view map details,

go to the link TNZD Map: OldLouisville/Limerick 

in the right side bar---->

Planning Commission makes its recommendations on the rezoning of Old Louisville

On March 21, 2016:
the Planning Commission moves on Proposed Map Change 
· Denial of the Staff recommendation to extend Neighborhood Center and 
Neighborhood Center-Transition westward along Oak Street and approval 
of the recommendation to extend the Neighborhood Center Edge Transition 
at W. Oak and S. 7th two properties southward along 7th.

The Planning Commission moves on Proposed Change in Permitted Uses
· Approval of the Staff recommendation to allow C-2 uses in Neighborhood 
Center with the following exclusions, which would be prohibited: 
Automobile parking areas, public and private; 
Automobile rental agencies; 
Automobile rental agencies with no more than 25 rental passenger vehicles 
stored on site, and no more than two service bays for cleaning or maintenance, 
and having no repair or storage/dispensing of fuel; 
Automobile sales agencies; 
Used car sales areas, provided that no repair or reconditioning of automobiles 
or storage of parts shall be permitted except when enclosed in a building.
· Approval of the Staff recommendation to allow C-2 uses 
in Neighborhood Center-Transition with the following exclusions, which would be prohibited: 
Automobile rental agencies; 
Automobile repair garages; 
Automobile sales agencies; 
Automobile service station; 
Boat Sales and related storage; 
Car washes having prior approval by the agency responsible for transportation planning; 
Outdoor entertainment (with Conditional Use Permit); 
Used car sales areas, provided that no repair or reconditioning of automobiles or storage 
of parts shall be permitted except when enclosed in a building.
· Denial of the Staff recommendation to permitting subject to standards live/work units 
in Neighborhood General.
· Approval of other use-related Staff recommendations.
The Planning Commission moves on Proposed Change in Sign Standards
· Approval of Staff recommendations.

These recommendations will now go to Metro Council and will be on their discretion 
in regard to how quickly these are acted upon.

History of current recommended changes to the zoning in Old Louisville.

A brief history of the Old Louisville Neighborhood Council recommendations for changes to the Traditional Neighborhood Zoning of Old Louisville - what these were and what these became.

In 2002 the city of Louisville added to its existing body of zoning codes and land uses classifications a new planned neighborhood form and zoning district called the Traditional Neighborhood Zoning or TNZD, which was designed to fit the particularities of the Old Louisville/Limerick Historic Preservation District to foster the careful preservation, rehabilitation and redevelopment of this unique neighborhood, in essence to link zoning to a historical neighborhood form.

In late 2011, as Old Louisville/Limerick was recovering from the recession and foreclosure crisis of the previous mid decade, the Old Louisville Neighborhood Council (OLNC) under its chair at that time, Joan Stewart, commissioned its Zoning and Land Use Committee to gather an ad hoc group to review the TNZD in the light of concerns that the commercial components of the neighborhood, particularly around Fourth and Oak streets, were not recovering and remained largely undeveloped, often vacant, and squalid in appearance. The questions at hand were whether the TNZD had too tightly restricted the commercial uses of property and too conservatively partitioned commercial from residential, and whether the TNZD might be amended to stimulate more, and more useful, commercial development in 
the neighborhood without harming the residential uses and investment, the latter residential component being the great success story of the TNZD and its allied Landmarks regulations.

The TNZD Review Group first met on January 24, 2012. Its membership included ten residents of Old Louisville and five Metro officials representing Codes & Regulations, Planning and Design Services, Metro Council, and the Mayor's office. From a set of 15 broad concerns it identified a short list of issues in the form of questions it would investigate and about which it would ultimately make recommendations to the OLNC. These questions were:

-what is best use of residential properties of particularly large square foot area?

-does TNZD encourage desirable enterprise in the commercial areas of the district?

-is there enough area available along Oak Street for increasing desirable enterprise?

-can single-family residences allow live/work use?

-are the geographic boundaries that delineate use areas too hardened?

-can residential homes in transition areas be redeveloped for retail space?

-are new taverns, prohibited in residential areas, desirable in the commercial areas?

Over that year the number of issues was reduced to a main interest in expanding the TNZD listings of commercial uses allowed in the mapped commercial areas of Old Louisville.

In January 2013 additional issues of B&Bs and signage were brought into regular discussions.  By the end of 2013 the only specific change to the TNZD that was promoted to the OLNC and approved by vote was a motion to modify the signage regulations. 

In January 2014 the TNZD Review Group announced to the OLNC that it had completed its review and it was preparing the documentation of its recommendations for the expanded lists of commercial uses in the mapped commercial areas. It was intended that these recommendations would be the basis for a motion and discussions by the OLNC. The documentation was not forthcoming until the fall of 2014. By that time a new chairman for the OLNC, Howard Rosenberg, had gathered a group of business interests “to look at what currently supports businesses in Old Louisville and what currently does not support businesses.  I have asked the group to come back to the OLNC with specific recommendations.” Howard Rosenberg: email of April 3, 2014.

On September 23, 2014, an ad hoc business task force, extra to the Old Louisville Neighborhood Council [OLNC] but advising OLNC chairman Howard Rosenberg, presented to the OLNC a motion to modify the TNZD in these terms:

...[that] permitted uses for all business properties [in the Old Louisville Traditional Neighborhood Zoning District] 

        be changed to match the permitted business uses in other similar urban districts in Metro Louisville.

The motion was hotly debated in the OLNC throughout October and November and it was deemed too poorly constructed and worded to survive any scrutiny. In December of 2014 a new motion was offered; it recommended

...[that] the permitted use list from C2 zoning classification be incorporated...as the permitted use list 

for Neighborhood Center and Neighborhood Center Edge Transition [mapped] components
        [and] the permitted use list from the C2 zoning classification minus Outdoor Entertainment, which would be 

permitted only by Conditional Use Permit, be incorporated...as the permitted use list for Neighborhood

Transition [component.] We recommend adopting the permitted use list prepared by the TNZD 

Review ad hoc committee for Corner Commercial within the Neighborhood General component.

The December motion reflected a compromise that gave a nod to the strong opposition that was voiced against any incursion of the extensive C2 commercial uses into the residential Neighborhood General component as well as consistent anxiety about outdoor entertainment in commercial transition areas close to residential homes and life.  

It was this motion -the scope of which was limited to expanding only the permitted commercial uses in the mapped commercial components of the Old Louisville TNZD- that the OLNC approved by vote February 24, 2015

and gave to Councilman David James to promote to the Metro Council in tandem with the November 2013 OLNC

approved change to signage regulations.

On March 26, 2015 Councilman David James introduced to Metro Council a resolution that changed the scope of the motion approved by the OLNC.  The main points of the councilman’s resolution can be summarized as:  

“[R]equesting the Planning Commission, through its staff in Louisville Metro Planning and Design, to evaluate the 
Traditional Neighborhood Zoning District (TNZD) regulations particularly as those regulations relate to” 

 

#1 signage on properties within the TNZD and...

#2 the list of land uses currently set forth in the TNZD Plan Report to determine effectiveness in meeting TNZD goals

#3 the current Neighborhood Center boundary on the TNZD Plan map to determine whether it should be extended  

[Resolution #40 Series 2015]

A startling novelty not discussed before nor approved by the OLNC is point #3: extending a current mapped boundary.

The OLNC did not ask for such a measure, in fact, during the months of debate the motion was 
repeatedly and explicitly presented as not involving a map change. The OLNC approved only 
a measure for new lists of uses in the currently mapped commercial components of the neighborhood.
Objection to this enlargement and distortion of the scope and intention of the original OLNC motion
was delivered to Councilman James when he attended the OLNC monthly meeting of April 28, 2015.
An objection was also made by email to the counsel for the Planning Commission, county attorney Jonathan Baker on April 29, 2015. 

This year, at a January 12, 2016 public hearing in Old Louisville, and again on January 28 before the Metro Land Development & Transportation committee, the Planning and Design staff presented their recommendations for changing the TNZD which included not only a redrawing of the mapped boundary of the Neighborhood Center commercial area at Fourth and Oak streets as prompted by Councilman James’ resolution #40 but, also, a staggering enlargement and redrawing of a second commercial component, the Neighborhood Center Transition extending its mapped boundaries over blocks and blocks of stable residential neighborhood along the full length of Oak street from 7th street on the west to the I65 on the east.  

Compiled by C.T. White, who was the scribe for ZALU and the TNZD Review Group. The above account was compiled from the minutes and notes of the OLNC, ZALU, & TNZD Review Group meetings as well as from public emails & minutes distributed broadly on the OLNC listserv. 

Minutes for the OLNC monthly meeting minutes for year 2014 can be found at

http://oldlouisville.org/olnc-meeting-minutes.

Year 2015 OLNC meeting minutes can not be found at the oldlouisville.org website, which is out of date;

these minutes can be found at http://www.secondstreetna.org/6.html

How Neighbors Establish Standing to Challenge Zoning Rulings

NEIGHBORS CHALLENGING ZONING RULINGS BY ADMINISTRATIVE BODIES

If you are visiting the Old Louisville Zoning Issues Blog then it's likely that this link would be of interest to you.

 

Metro Planning Commision Public Hearing on TNZD is postponed to 3/21

The upcoming Feb. 18 (original date) public meeting of the Louisville Metro Planning Commission has been postponed to March 21 at 6PM, Old Jail Bldg. 6th & Liberty. Changes to the Old Louisville Traditional Neighborhood Zoning District map and language will be considered and PUBLIC COMMENTS WILL BE TAKEN. Speakers must sign up before the start of the meeting.

Upcoming Metro hearings on Zoning Change in Old Louisville Historic District

Upcoming hearings in 2016 on changes to our neighborhood zoning. 

This is the best info so far, provided by Metro Planning Staffer Brian Mabry.
Land Development & Transportation Committee – Thur 1/28/16 – 1 PM – 

Old Jail Building. 514 W. Liberty St.

Some public input may be solicited.

 

Jan. 2016 minutes: Zoning and Land Use (ZALU) Committee

Zoning and Land Use Committee of the Old Louisville Neighborhood Council
ZALU Meeting 01/13/2016 @ 7:00 PM
Location: Old Louisville Historic Visitors and Information Center

Chuck Anderson 

Mary Martin (Absent)

Bob Bajandas

Stephen Peterson

Lira Johnson 

Eric Cowley

Leah Stewart

Meeting called to order @ 7:01 PM

December Minutes Approved

TNZD Proposed Changes from 01/12/2016 Meeting

Moving TNZD from appendix to code (Resolution 040-2015) should have no bearing other than the physical location of the text.

Neighborhood Center - Alternative 1 — Accept Planning & Design’s staff recommendation per the January 12, 2016 presentation.

Neighborhood Center Transition - Alternative 2 — Accept Planning & Design’s recommendation per the January 12, 2016 presentation.

Institutional Definition — Broadening definition of institutional uses.  Planning & Design’s recommendation was outside of the original OLNC requested changes, request explanation for motivation to broaden definition, clarify non-residential versus multi-family.

Neighborhood Center Edge Transition - Planning & Design has since changed from the recommendation presented on January 12, 2016.

Sign recommendations — Conflicts with Landmarks

Map Changes — Extension of of Neighborhood Center and Neighborhood Center Transition

ZALU approves of Planning and design staff recommendation only in the regard of those changes initiated by OLNC which included: 

1. Neighborhood Center (Alternative 1 Changes proposed on 01/12/2016), 
2. Neighborhood Center Transition (Alternative 2 changes proposed on 01/12/2016), 
3. Corner Commercial (no changes from the original requests from OLNC as proposed on 1/12/2016) and
4. Neighborhood Center Edge Transition to be those same uses as Planning and Design’s Alternative 1 Changes for Neighborhood Center.

ZALU cannot support those changes proposed by Planning and Design outside and beyond those changes originally requested by OLNC, including but not limited to: Institution Definition, Map Changes to extend Neighborhood Center and Neighborhood Center Transition, and  any additional uses proposed for neighborhood general. 

Motion to adjourn at 8:36

December 2015 ZALU meeting minutes

ZALU Meeting 12/09/2015 @ 7:00 PM

Chuck Anderson Mary Martin Bob Bajandas Stephen Peterson (Absent) Lira Johnson

Eric Cowley Joe Impellizzeri (Absent) Leah Stewart

Meeting called to order @ 7:03 PM

November 11, 2015 Minutes approved

Small Cell Network Facility Installation

Tanya Rosin - Crown Castle

Node No 920876 installation for Verizon at 1st & Hill St by new installation of wood utility 

due to existing pole housing traffic signal; new pole will be installed in pubic right of way.

Small Cell Coverage — covers a small area where signal strength is weak.

RF Study shows the installation would be within FCC regulations.

Short Term Rentals

Latest short term rental ordinance revision includes the following:

Registration fee of $25; the host of the short term rental must reside within 50 miles; 

no more than 2 occupants per bedroom plus 2; fines 100 to 1,000 for 1st offense 

and 1,000 to 5,000 for 2nd offense.

Motion to adjourn at 7:46 PM

Recorded by ??

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.