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File #: O-298-20    Version: Name:
Type: Ordinance Status: Passed
File created: 7/13/2020 In control: Metro Council
On agenda: 8/20/2020 Final action: 8/20/2020
Title: AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 917 & 919 FOUNTAIN AVENUE AND 4700 WESTPORT ROAD CONTAINING APPROXIMATELY 0.59 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0094)(AMENDMENT BY SUBSTITUTION).
Sponsors: Paula McCraney (D-7)
Attachments: 1. 0-298-20 V.2 CABS 082520 - Zoning at 917 and 919 Fountain and 4700 Westport.pdf, 2. 0-298-20 PROPOSED CABS 081120 - Zoning at 917 and 919 Fountain and 4700 Westport.pdf, 3. O-298-20 V.1 072320 - Zoning at 917 and 919 Fountain and 4700 Westport.pdf, 4. 19-ZONE-0094.pdf, 5. 19-ZONE-0094_Findings of Fact.pdf, 6. 19-ZONE-0094_Legal Discription.pdf, 7. 19-ZONE-0094_Other Minutes.pdf, 8. 19-ZONE-0094_Public Materials.pdf, 9. 19-ZONE-0094_Staff Reports.pdf, 10. 19-ZONE-0094_Development Plan.pdf, 11. 19-ZONE-0094_Public Hearing Minutes.pdf, 12. ORD 098 2020.pdf
Related files: 19-ZONE-0094
ORDINANCE NO. ______________, SERIES 2020
TITLE
AN ORDINANCE RELATING TO THE ZONING OF PROPERTIES LOCATED AT 917 & 919 FOUNTAIN AVENUE AND 4700 WESTPORT ROAD CONTAINING APPROXIMATELY 0.59 ACRES AND BEING IN LOUISVILLE METRO (CASE NO. 19ZONE0094)(AMENDMENT BY SUBSTITUTION).
BODY
SPONSORED BY: COUNCILWOMAN PAULA MCCRANEY

WHEREAS, The Legislative Council of the Louisville/Jefferson County Metro Government (the "Council") has considered the evidence presented at the public hearing held by the Louisville Metro Planning Commission and the recommendations of its Staff as set out in the minutes and records of the Planning Commission in Case No. 19ZONE0094; and
WHEREAS, The Planning Commission's vote on the rezoning resulted in a 3-3 tie and was therefore subject to further consideration by the Planning Commission for a period not to exceed thirty (30) days per KRS 211(2)(g); and
WHEREAS, The Planning Commission did not call for any additional testimony, further discuss the case, or take any additional vote on the matter during that thirty (30) day period; and
WHEREAS, The Planning Commission forwarded the application to the Council without a recommendation at the conclusion of that thirty (30) days as required by KES 211(2)(g); and
WHEREAS, The Council reads KRS 100.211(2)(g) as requiring some additional consideration after an initial tie including, at minimum, a business session discussion and follow-up vote to see if the tie might be broken; and
WHEREAS, Hearing and decision requirements contained in KRS Chapter 100 are currently suspended per Senate Bill 150(9)(a) due to the ongoing COVID-19 related state of emergency; and
WHEREAS, This suspension of relevant deadlines by the State legislature affords both the Planning Commission and Metro Council ample time to correct this oversight with respect to the requirements of KRS 100.211(g); and
WHEREAS, If the tie cannot be broken by a renewed vote, then the Council will ...

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