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

---

[1] Kentucky  Department of Environmental Protection

ZALU minutes for Oct. 8 and Nov. 12, 2014

Minutes of Nov. 12, 2014 meeting of the Old Louisville Zoning and Land Use Committee [ZALU]

(November Minutes approved for publication at Dec. 10, 2014 ZALU meeting.)

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

Location: Old Louisville Information Center, Central Park

ATTENDANCE: BAJANDAS, WHITE, MARTIN, STEWART, JOHNSON, IMPELLIZZERI, PETERSON, LEE, ROSENBERG (ex OFFICIO)

ABSENT: Chuck Anderson,

GUESTS

DEBORAH BILITSKI (Wyatt, Tarrant and Combs) for Clariant Corporation

RICHARD ALLEN & JOE WEIS, Clariant Corp.

QUORUM: yes

Called to order by acting chair, Bob Bajandas,  at 7:05 p.m.

I   New business: one item.  Presentation by attorney and representatives for Clariant Corporation

Informational only, no action being requested of ZALU.

Subject:  modification of conditional use permit, which was approved last year by BOZA; to allow a Chemical Catalyst Manufacturing Facility; a new plant storage warehouse, between 11th and 12th, Wilson and Ormsby, not within Old Louisville boundaries.

Modifications to previously approved CUP:

Rail spur into facility, in original plans, has been dropped from plans.

Additions: 10,000 sq ft warehouse and Small pump house.& variance to allow set back from street.

Other than these changes, plans are the same.

Clariant Corp., continued.

Subject site described as vacant lot. Street trees to be added in the public right of way.

Questions from ZALU:

Purpose of pump house? A: Fire water protection

Will the water used in processing chemicals tie into the sewer system? 

     A: on site waste water treatment plant, then treated water discharges to MSD.

     A: all rain water from site runs to a retention pond for filtering into soil

     A:  basin reservoirs for fire water protection

Is fire protection equipment on site?  A: yes

What is the product of the company? A: Chemical manufacturing/processing

How many employees? 400 employees on subject site

What will be stored in warehouse? A: Magnesium chloride (salt type)

How much truck traffic? A:  10 trucks per month

What is current zoning. A: EZ1 Hazardous and objectionable use category

What about airborne odors? A: all EPA standards have been met.

Old business: one item

Property at 944 S. 6th Newman Spring Co.  Report by Stephen Peterson.

Metro Planning Staff determined that NCRs were lost.

NCRs case be appealed to BOZA on upcoming Monday 11/?

Metro Planning staff report will be circulated by email to all ZALU members for review in order to develop, propose, and come to a consensus on a position that ZALU could take. If approved by vote, the position would be put into a letter to be sent to BOZA. Other action may be determined once staff report is available.

Position that ZALU may take may be one or the other of the following propositions:

1) that ZALU support the Planning staff's 2007 determination that NCRs were lost, or

2) support the appellant's claim that Nonconforming use was continuously maintained 

Noted that appellant did not come to the OLNC or ZALU.

Adjourned at 7:30 p.m.

Minutes recorded by CTWhite. Published at http://www.oldlouisvillezoning.blogspot.com

October 8, 2014  meeting of Old Louisville Zoning and Land Use Committee [ZALU]

(October Minutes approved for publication at Dec. 10, 2014 ZALU meeting.)

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

Location: Old Louisville Information Center, Central Park

Called to order at 7:05 PM.

Attending members: Chuck Anderson, ZALU chair; Leah Stewart; Joe Impellizzeri;  Bob Bajandas;  Christopher White; Stephen Peterson; Mary Martin;  Howard Rosenberg (ex officio)

Absent: Erin Lee;  Lira Johnson;

Guests: Gary Kleier

Quorum: Yes

Called to order at 7:05 p.m.

I.  September minutes submitted  for approval. Changes discussed and agreed upon. Shall read: “1031 S. 6th:  Question  was raised as to the status of its mapping change.”  MSV Unanimous approval with revision. 

II. Realtor Letter.

Mary reports. Letter should come in three different forms, one for each neighborhood zoning sector, with specific information for a property listing relevent to each sector.  Mary will do a mock-up of the letters and have them sent out to all ZALU committees. Distribution to realtors will most likely be via email.  At this point, we presume that  David Williams of the OL Information Center will handle the emailing. Mary is thanked for her work on this matter.

III. OLNC motion to change the permitted uses for all commercial properties in the TNZD to match the list of permitted uses in the C2 or Commercial District zone as given in the Metro Land Development Code, Chp. 2.4.1. Chuck leads discussion among ZALU committee members.

IV. Old Business

A.       OLNC approved by motion and vote the ZALU proposal to send a letter to Councilman James supporting Councilwoman Hamilton’s call for a moratorium on new transitional housing in her district and the conducting of a study into how zoning codes inhibit or enable such housing. White reports that the OLNC motion reads: ZALU moves to have OLNC write and send a letter to Councilman David James supporting a 12-month moratorium in Chickasaw and Shawnee Park neighboroods that specifically tartets new construction and establishment of boarding and loding houses while also conducting a study of the zoning effects on and lack of controls over boarding and lodging houses. (Copied from the September 23, 2014 OLNC minutes.)

B.       Property at 109 W. Ormsby. Report by White. Enlargement of nonconforming use case going to district court.

Will continue to watch the property and the court case.

Adjourned at: 8:20 p.m.

Minutes recorded by CTWhite. Published at http://www.oldlouisvillezoning.blogspot.com

ZALU Minutes for 09.10.14 meeting

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

(Approved for publication on 10.08.14)

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

Location: Old Louisville Information Center, Central Park

Called to order at 7:05 PM.

Attending members: Chuck Anderson, ZALU chair; Leah Stewart; Lira Johnson;  Joe Impellizzeri;  Bob Bajandas;  Christopher White; Stephen Peterson.

Absent members: Erin Lee, Mary Martin

Others in attendance:  none

Quorum: √

Summary of actions: Moved/Second/Vote -     M/S/V on ZALU August 13 meeting minutes.

Order of Business

I. Minutes from August 13 meeting presented. Motion to accept / seconded / approved unanimously with changes.

II.  Old Business:

A.    TNZD revisions. Chuck Anderson reports that he has produced a new document that interleaves the recommended new language and commercial uses into the current published uses so listed in the Land Development Code [LDC] Appendix 2 “Traditional Neighborhood Zoning District” [TNZD]. Anderson hopes that this document will be easier to understand than the original spreadsheet developed by the TNZD Review Group. Chuck solicited opinions about the document, by email, from all ZALU members.

Legend for interpreting the document:

• Text highlighted in grey (print document) or yellow (digital file) indicates currently listed uses in Appendix 2
• Text that is struck through with a line is no longer allowed in the permitted uses of Appendix 2
• Text that is underlined is a recommended addition to the list of uses in Appendix 2

     

      B.   Realtor letter.  Christopher suggested that Mary Martin take on the retooling and improvement of the realtor letter and its distribution procedure.  White will send out by email, to ZALU members, a mark up of the letter.

      C.   Old Louisville Neighborhood Council [OLNC] tabled motion to support Councilwoman Hamilton’s proposed moratorium  and study of rooming /  transitional housing in her district .  Leah will attend the Sept. OLNC

D.    Legal and code definitions and permits. Lira reports -

1.     that parsing the definition of family has proved to be a dead end. Bob asks if the better tactic would be to change the density regulations in the Property Maintenance Code and that the word “overcrowding” be substituted for the word “density” in any brief that Lira prepares from her research.

2.     that  she examined the process for issuing a Certificate of Occupancy [COO]  in several other cities: Lexington KY and Dallas TX. Issues were how much local control isallowed under KY law and how inexpensive and simple a certification process could be.  Single-family dwellings controlled locally.

KY law allows for local ordinance to be stricter than the state code. Can “use” be recorded in COO?

a)     Bob notes that COO pertains only to construction permits, not to property changing hands

b)     Discussion point on terminology: would the term “certificate of use” better serve our purposes?  Language from Dallas codes examined. Lira will include this point in her brief.

c)     Tangent: Stephen recounts a Metro PDS planning seminar he attended which discussed new density numbers for neighborhoods and controls on “Conditional Use Permit”[CUP].

E. Ongoing property cases

1) 1388 S. 2nd. Review case information.  Joseph reports on what is observable vis a vis the meter manifold. White reported on rental listings at the property including a Unit #7 in accessory building.

      2)  944 S. 6^th. Stephen reports owner has retained a lawyer to contest the zoning violation. Other 
      activity on site suggests that compliance is not  happening.
      3) 109 W. Ormsby. White reports: case has been referred to district court though no court date
        scheduled as of this writing.
      4)  1031 S. 6^th. Question is raised as to the status of the recent mapping change of the property 
        proposed to the Metro Planning Commission. More information needed. Discussion deferred.

     

Adjourned 8:08 p.m.

Minutes of the ZALU meeting of Aug. 13, 2014

Minutes of the ZALU regular monthly public meeting of 8/13/14 (Approved on Sept. 10, 2014)

Location: Old Louisville Information Center

Attendance: Chuck Anderson, Chairman; Erin Lee; Lira Johnson; Mary Martin; Stephen Peterson; 

Leah Stewart; Christopher White; Joseph Impellizzeri; Bob Bajandas

Absent: None

Quorum: √

Guests: none

Called to order: 7:05p

Summary of actions: *Motion/Second/Vote M/S/V* on ZALU July 9 meeting minutes.

Order of business:

1. July 9, 2014 Minutes approved. Vote unanimous.

2. Report by Chuck Anderson: Subject: Councilwoman Bryant-Hamilton’s moratorium on rooming and transitional housing in District 5. In July, Chuck presented the ZALU proposal to the OLNC for its approval and action. OLNC tabled the proposal and sent it off to the Neighborhood Associations (NAs) for their advice and consent before OLNC votes on it.

7-9 Motion to have OLNC write and send a letter to CM James supporting the idea of: 1) Bryant-Hamilton’s moratorium specifically targeting boarding and lodging houses 2) a study of the zoning effects and lack of controls on boarding and lodging houses

3. ReportbyBobBajandas,ChristopherWhite,andLeahStewart Subject: Definitions of abandonment in the Metro codes and Kentucky statutes. Bob, Leah and Christopher determined that the Metro Land Development Code (LDC) and Metro VAPStat definition of abandoned property would be the focus of their discussions on language revisions. Specific proposal: that framing language be added to the beginning of LDC Chp. 1.3.1 which expressed the reason and long term goal for the zoning classification of “nonconformance” or “nonconforming use”; that the indicators and conditions which establish abandonment in LDC Chp. 1.3.1 conform to the language used by the Metro VAPStat program for determining an abandoned property; that the specific language for these two revisions would be drafted by Bajandas, Stewart and White, vetted at the August ZALU meeting before being presented to CM James both in an email and in a meeting with Bob, Leah, Christopher, and possibly Chuck, too.

4. Report by Lira Johnson 

Subjects:                                                                                                                                                                                                          1) Definitions of family. LDC Chp. 1.2 Definition of family read:

LDC 1.2 Definition of family: One or more persons occupying premises and living as one housekeeping unit using one kitchen, and distinguished from a group occupying a boarding and lodging house, fraternity or sorority house, a club, hotel, or motel.

Does HUD/FHA require such a definition in the local codes, or any definition of family in the local codes? No. FHA protects against any discrimination for familial kinship units. So, can family be defined differently than the LDC 1.2 definition? What can you limit that doesn’t impinge on “familial kinship units”? Lira suggests that revising the language of density of occupancy per sq. ft. might be a starting point and that any such revision should be bundled with the abandonment and nonconformance revisions given to CM James.

Subjects:                                                                                                                                                                                                          2) publication of nonconforming status and intent of owner to maintain nonconforming use. Should be published at time that a C.O.O is issued, ought to be published when other permits issued. Peterson highlights the problem with Metro’s lack of a required time period for processing and public recording of deed conveyances.

3. Old business

A. TNZD revisions. Chuck gives status report on condition of the revisions (as approved by ZALU in Sept. 2013).

B. B&B motion. Chuck gives the status of the B&B proposal approved by ZALU in spring 2013 and presented to OLNC. OLNC tabled the proposal expressing concerns that “permit by right” would deprive the neighborhood of notification when a new B&B enterprise was opened on a block. The TNZD Review Group of ZALU will need to reconvene in order to reconsider/rewrite the proposal. Leah states that a citywide “permit by right” for B&Bs is pending, though she doesn’t know the specific language of the code revision.

C. Property cases Case Z-14-04 944 S. 6th. Peterson reports on Newman Spring Company building. Zoning violation of the current use (as storage) has been cited by Metro. The case will stay active. Peterson will report when case develops.

Case Z-14-05 109 W. Ormsby Av. White reports. Case should stay open. Owner has been cited for zoning violation (enlargement of a nonconforming use) and a court hearing is in process.

Case Z-14-03 1444 S. 2nd. White reports. Case closed. SSNA will not appeal the Metro PDS determination of nonconformance as a triplex. Case to be moved to inactive status.

Other issues: 1379 S Brook. Lira reports. Has abandonment occurred? It is suggested that Lira call April Robbins. 1361 S. Brook. Lira reports. Issues there are not yet about zoning. 1388 S. 2nd. Questions about number of units remains unanswered. No survey of meters done. Joe will check. 1043 S. 1st: Chuck inquires. Bob will report. 1257 S. Brook. Mary reports on numerous citations from Metro against property.

D. ZALU letter to new owners regarding zoning issues. ZALU hasn’t reviewed letter in a long time. David Williams, new administrative secretary of the Information Center, will be briefed by Chuck on this matter. When current letter is found, it will be sent to ZALU committee for review.

4. New business: 

A. Shooting incident at 1435 S. 4th on weekend of PGA tournament. Police response is criticized. Chuck reports that questions were raised by neighbors about the zoning compliance of the property as to number of apartment units in the newly restored house. Several members of ZALU pointed out that the house is single-family because it was required to revert from its former multi-unit status back to single-family and that there are a large number (possibly 11) of students all on one lease at the house. 

B. PVA subscription. Anyone who wants the log-in credentials to the service should contact Christopher.

C. 942 S. 6th St. Stephen introduces the property and its issues, however, none yet appear as zoning items. 

Adjourned 8:20 p.m. 

Minutes kept by CTWhite