Ordinance No. __________, Series 2015
TITLE
AN ORDINANCE RELATING TO AMENDING SECTION 4.2 OF THE LAND DEVELOPMENT CODE WITH RESPECT TO METHADONE CLINICS (AS AMENDED).
BODY
Sponsored By: Councilmembers Ackerson, Shanklin, Woolridge, James, Blackwell, Aubrey Welch, Johnson and Yates
WHEREAS, methadone clinics are currently classified as “Hospitals, Clinics and other Medical Facilities” but do not require a Certificate of Need from the Commonwealth of Kentucky; and
WHEREAS, the lack of a Certificate of Need requirement places such clinics outside of the Land Development Code definition and therefore making methadone clinics a land use permitted by right in all zoning districts and not required to obtain a conditional use permit; and
WHEREAS, methadone clinics can be destabilizing and threaten the safety and security of single family neighborhoods; and
WHEREAS, Metro Council seeks to add clarity and certainty for the location of methadone clinics for the benefit of those needing clinic services and the community.
BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT (THE COUNCIL) AS FOLLOWS:
SECTION I: The Louisville Metro Council requests that the Louisville Metro Planning Commission, through its staff at Louisville Metro Planning and Design Services, research the proposed text amendment to Section 4.2 of the Land Development Code, as set forth herein Section II below, hold a duly-noticed public hearing where Planning and Design’s findings can be presented and members of the public can be heard, and, thereafter, the Planning Commission shall forward its recommendation on the proposed text amendment to the Metro Council and to other legislative bodies with zoning authority and located within Louisville Metro.The Land Development Code Section 4.2 for all of Louisville-Jefferson County is amended to include a new Section 4.2.30:
Methadone Clinics may be allowed in the M-1, M-2, M-3 and EZ-1 districts upon the granting of a conditional use permit with the following requirements:
• HOURS OF OPERATION
• SECURITY PLAN
• INSURANCE REQUIREMENTS
• AVAILABILITY OF PUBLIC TRANSPORTATION
SECTION II: The Land Development Code Section 4.2 for all of Louisville-Jefferson County is amended to include a new Section 4.2.30:
Methadone Clinics may be allowed in the M-1, M-2, M-3 and EZ-1 districts upon the granting of a conditional use permit with the following requirements:
• HOURS OF OPERATION
• SECURITY PLAN
• INSURANCE REQUIREMENTS
• AVAILABILITY OF PUBLIC TRANSPORTATION
Existing Sections 4.2.30 to 4.2.61 are renumbered as 4.2.31 to 4.2.62.
SECTION III: Existing Sections 4.2.30 to 4.2.61 are renumbered as 4.2.31 to 4.2.62.
This Ordinance shall take effect upon its passage and approval.
SECTION IV: This Ordinance shall take effect upon its passage and approval.
|
_______________________________ H. Stephen Ott Metro Council Clerk |
_____________________________ David W. Tandy President of the Council |
|
_______________________________ Greg Fischer Mayor |
_____________________________ Approval Date |
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
BY: ____________________________
G:\ROC\PAUL WHITTY\METHADONE CLINICS\10-29-15