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File #: R-081-20    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 DRAINAGE EASEMENTS AND DETENTION/RETENTION BASINS IN REAR YARD AREAS.
Sponsors: James Peden (R-23)
Attachments: 1. R-081-20 V.1 061120 PC to Review LDC for Drainage Easements & Detention Basins in Rear Yards.pdf, 2. RES 066 2020.pdf
RESOLUTION NO. __________, SERIES 2020
TITLE
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.
BODY
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.



_______________________________
Sonya Harward
Metro Council Clerk
_____________________________
David James
President of the Council



_______________________________
Greg Fischer
Mayor

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