RESOLUTION NO. ___________, SERIES 2023
TITLE
A RESOLUTION REQUESTING THE PLANNING COMMISSION REVIEW THE METRO LAND DEVELOPMENT CODE REGULATIONS WITH REGARD TO APPLICATIONS FOR CERTAIN REVISED DEVELOPMENT PLANS.
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SPONSORED BY: COUNCIL MEMBER CINDI FOWLER
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the "Council") has recently exercised its powers under Section 11.7.5 of the Land Development Code (the "LDC") to review action by the Planning Commission on Development Plans; and
WHEREAS, other Development Plans have come before Council for review because of binding elements requiring Council review of those revised plans; and
WHEREAS, in reviewing these Development Plans, several plans have given the appearance of a "bait and switch", because the revised development plan coming before Council for review (i) proposes a dramatically different, usually more intense, use from the development plan that was previously approved as part of the zoning proposal, such as a change in use from commercial to industrial, or from single family residential to multi-family residential, and (ii) is filed in a relatively short period of time, three years or less, after the development plan associated with the zoning proposal was approved; and
WHEREAS, the Council wants to balance discouraging this type of activity while still allowing the majority of the revisions to development plans that occur as part of the development process to proceed; and
WHEREAS, the Council wishes to have the Planning Commission review amending the LDC to provide that, beginning with the effective date of the LDC amendment, once a detailed development plan has been approved in connection with a zoning approval (the "Original Plan"), an application for a revised detailed development plan that (i) requires a Category 3 review and (ii) proposes a different use for 30% or more of the square footage of the site from what was approved in the...
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