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File #: R-080-20    Version: 1 Name:
Type: Resolution Status: Passed
File created: 6/5/2020 In control: Planning and Zoning Committee
On agenda: 6/25/2020 Final action: 6/25/2020
Title: A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO DEVELOPMENT ON STEEP SLOPES.
Sponsors: James Peden (R-23)
Attachments: 1. R-080-20 V.1 061120 PC to Review LDC for Steep Slopes Development.pdf, 2. RES 065 2020.pdf

RESOLUTION No. __________, Series 2020

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A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO DEVELOPMENT ON STEEP SLOPES.

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SPONSORED BY: COUNCIL MEMBER JAMES PEDEN

 

WHEREAS, Section 4.7 of the Land Development Code (the “LDC”) is meant to guide development in steeply sloped or unstable hillside areas; and

WHEREAS, Section 4.7.5 of the LDC regulates land disturbing activity on slopes greater than 20%; and

WHEREAS, Section 4.7.7 of the LDC allows a development potential transfer for major subdivision development proposals which permanently preserve areas of the site with slopes greater than 20%; and

WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) is concerned that the current language and requirements of Chapter 4.7 may not adequately protect steep slopes and may be overly generous in their allowed development potential transfer calculations; and

WHEREAS, the Council does not believe that steep slopes which are claimed as “preserved” for purposes of Section 4.7 of the LDC should be allowed on residential lots, but should instead be contained solely in permanently protected open space;

NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:

 

SECTION I:                     The Planning Commission shall undertake a review of the current Land Development Code and adopt amendments thereto to strengthen regulations regarding development on steep slopes.

SECTION II:                      Per KRS 100.211 (3), the Planning Commission shall hold at least one (1) public hearing and make a recommendation to Metro Council within sixty (60) days of its receipt of this Resolution (as modified by Senate Bill 150).  If the Planning Commission fails to issue a recommendation within that period, Metro Council reserves the right to move forward without such recommendation.

SECTION III:  This Resolution shall take effect upon its passage and approval.

 

 

 

_______________________________ Sonya Harward Metro Council Clerk

_____________________________ David James President of the Council

 

 

 _______________________________ Greg Fischer Mayor

 _____________________________ Approval Date

 

 

APPROVED AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

BY:  ____________________________

 

R-080-20 Review LDC RE Steep Slopes (TF)