RESOLUTION No. __________, Series 2020
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A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO DRAINAGE EASEMENTS AND DETENTION/RETENTION BASINS IN REAR YARD AREAS.
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SPONSORED BY: COUNCIL MEMBER JAMES PEDEN
WHEREAS, Chapter 7 of the Land Development Code (the “LDC”) regulated the subdivision of land; and
WHEREAS, Section 7.3.30.E of the LDC provides that no more than 15% of a required rear yard area may be occupied by a drainage easement or detention/retention basin; and
WHEREAS, Developers regularly request waivers of the 15% maximum requirement; and
WHEREAS, The Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) is concerned that factors such as lot width/depth, elevation changes, and building placement and orientation might result in properties where most or all of a required rear yard area may be devoted to drainage easements and/or detention/retention basins; and
WHEREAS, This concern is amplified in cases where density transfers are utilized to allow for the creation of lots which are smaller than would otherwise be allowed in a given zone; and
WHEREAS, The Council believes both the 15% base line and the creation of a maximum percentage should be considered by the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: The Planning Commission should undertake a review of the current Land Development Code and adopt amendments thereto to protect rear yard areas from undue encroachment of drainage easements and detention/retention basins.
SECTION II: This Resolution shall take effect upon its passage and approval.
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_______________________________ Sonya Harward Metro Council Clerk |
_____________________________ David James President of the Council |
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_______________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
R-081-20 Review LDC RE Rear Yard Drainage Easements (TF)