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File #: O-587-20    Version: Name:
Type: Ordinance Status: Passed
File created: 12/7/2020 In control: Metro Council
On agenda: 1/28/2021 Final action: 1/28/2021
Title: AN ORDINANCE RELATING TO THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE REVISED DISTRICT DEVELOPMENT PLAN PROPOSED IN CASE NO. 20-DDP-0047 (AMENDMENT BY SUBSTITUTION).
Sponsors: Nicole George (D-21)
Attachments: 1. O-587-20 V.2 FABS 012821 Revised District Dev 20-DDP-0047.pdf, 2. O-587-20 PROPOSED FABS Revised District Dev 20-DDP-0047.pdf, 3. O-587-20 V.1 121020 Revised District Dev 20-DDP-0047 .pdf, 4. BAE Systems Expansion Presentation.pdf, 5. 20-DDP-0047_Staff Pres.pdf, 6. 20-DDP-0047_Appeal_Staff Report Addendum_111920.pdf, 7. 20-DDP-0047_DRC Staff Report_101420.pdf, 8. 9-14-04 Development Plan, Approved 2004.pdf, 9. 20-DDP-0047_Applicant Waiver Justification.pdf, 10. 20-DDP-0047_Landscape Exhibit_100520.pdf, 11. 20-DDP-0047_Plan_100520.pdf, 12. 20-DDP-0047_Staff Pres_DRC_101420.pdf, 13. 20-DDP-0047_Staff Pres_DRC_101420.pdf, 14. 20-DDP-00471_DRC 2020-10-14.pptx.pdf, 15. 20-DDP-00471_DRC Applicant Presentation 2020-10-14.pdf, 16. Appeal Request HG.pdf, 17. Mailing Affidavit PC.pdf, 18. 20-DDP-0047_MainFile_11.19.20.pdf, 19. 20-DDP-0047_Plan_11.19.20.pdf, 20. ORD 003 2021.pdf

ORDINANCE NO. _____, SERIES 2021

TITLE

AN ORDINANCE RELATING TO THE DECISION OF THE PLANNING COMMISSION TO APPROVE THE REVISED DISTRICT DEVELOPMENT PLAN PROPOSED IN CASE NO. 20-DDP-0047 (AMENDMENT BY SUBSTITUTION).

BODY

SPONSORED BY: COUNCIL MEMBER NICOLE GEORGE

 

WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) has reviewed the evidence presented at the public hearing held by the Louisville Metro Planning Commission (the “Planning Commission”) and the findings and decision of the Planning Commission as set out in the minutes and records of the Planning Commission in Case No. 20-DDP-0047; and

WHEREAS, the Planning and Zoning Committee of the Council held a public hearing on 20-DDP-0047 on January 12, 2021; and

WHEREAS, the plan approved by the Planning Commission included a 30-ft encroachment into what was believed to be a 50-foot require setback; and

WHEREAS, the mitigation efforts proposed by the applicant would place a burden on the abutting residential property to report noncompliance; and

WHEREAS, the abutting residential property, a roughly 500-unit apartment complex formerly known as the historic Americana Apartments which once served as barrack-like housing for those employed at the former Naval Ordinance Station, is now inhabited largely by immigrants and refugees who have no such connection to the site’s current usage; and

WHEREAS, at that hearing the applicant presented a revised plan which would increase the setback beyond what was proposed at the Planning Commission; and

WHEREAS, at that same hearing it was revealed that the M-2 use which the applicant originally proposed requires a 200-foot setback per Land Development Code Section 2.6.1.A.1; and

WHEREAS, the 200-foot setback is meant to protect neighboring residential properties from some of the potentially serious intrusions created by an M-2 use, such as noise, pollution, light, and general safety; and

WHEREAS, the revised plan shown to the Planning and Zoning Committee proposed a 90-foot setback, necessitating a waiver of 110 feet; and

WHEREAS, the public was not adequately notified of either the 200-foot setback or the revised plan to provide adequate comment on the proposal; and

WHEREAS, the plan approved by the Planning Commission represented an even more significant intrusion into that 200-foot setback; and

WHEREAS, the Council finds that a waiver allowing a 30-foot encroachment into the 50-foot setback as discussed by the Planning Commission was inappropriate to grant under the circumstances; and

WHEREAS, the Council finds that a waiver allowing a 110-foot encroachment into the 200-foot setback would also have been inappropriate to grant under the circumstances; and

WHEREAS, the Council rejects the findings of the Planning Commission for the revised district development plan in Case No. 20-DDP-0047 and rejects the recommendation of the Planning Commission as set out in said minutes and records, leaving the district development plan which existed before that hearing in place.

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

 

                     SECTION I:                     That the revised district development plan for the property located at 105 Rochester Drive and being in Louisville Metro, as proposed and more particularly described in the minutes and records of the Planning Commission in Case No. 20-DDP-0047, is hereby rejected.

                     SECTION II:                     This Ordinance shall take effect upon its passage and approval.

 

 

______________________________                                          ______________________________

Sonya Harward                                                                                                         David James

Metro Council Clerk                                                                                                         President of the Council

 

 

 

______________________________                                          ______________________________

Greg Fischer                                                                                                                              Approval Date

Mayor

 

 

APPROVE AS TO FORM AND LEGALITY:

 

Michael J. O’Connell

Jefferson County Attorney

 

 

By: ___________________________

 

O-587-20 20-DDP-0047 Rejection.docx (TF)