Ad Hoc Committee on Land Development Code

Monday, June 20, 2016 · 3:00 PM AM · Council Chambers

TL;DR

The Ad Hoc Committee on Land Development Code met to update regulations for short-term rental properties like Airbnb. The amendments include new parking requirements, complaint procedures, and specific zoning conditions for rentals in commercial areas. These changes aim to balance property owners' rental rights with neighborhood concerns.

Key Decisions

  • Short-Term Rental Parking Requirements Passed
  • Complaint and Revocation Procedures for Short-Term Rentals Passed
  • Zoning Conditions for Commercial Area Short-Term Rentals Passed
Agenda PDF Minutes PDF

Agenda

  1. Support Staff

    Jon Baker and Paul Whitty, Jefferson County Attorney's Office

  2. Clerk

    H. Stephen Ott, CKMC

  3. O-122-16 AN ORDINANCE AMENDING THE FOLLOWING SECTION OF CHAPTERS 1, 2 AND 4 OF THE LAND DEVELOPMENT CODE PERTAINING TO SHORT TERM RENTALS OF DWELLING UNITS-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002). (AS AMENDED)
    Ordinance
    Action: amended Passed

    Joe Haberman, Planning and Design Services, spoke to the item. A motion was made by Chairperson Peden, seconded by Committee Member Hollander, that Exhibit A of the Ordinance be amended as follows: Under 4.2.61, D. - Change "This provision cannot be waived." to "This provision shall not be waived or adjusted." Under 4.2.61, G. - Replace, "The dwelling unit shall have an appropriate amount of parking available for guests." with "There shall be a sufficient amount of parking available for the host and guests, as determined by the Board of Zoning Adjustment. The amount and location of parking shall be based on the land uses and density of the immediate vicinity. Any parking surface that is added to accommodate the short term rental use shall be removed when the short term rental use is terminated". Under 4.2.61, - Add new section "I." which reads, "If the property is subject to two (2) or more substantiated civil and/or criminal complaints, the Board of Zoning Adjustment may revoke the approval pursuant to section 11.5A.6". Under 4.3.20, D. - Insert after "...residence or duplex..." the following, "unless the dwelling unit is located on property zoned C-R, C-N, C-1, C-2 or C-3 and the property meets all of the following criteria: 1. The property is within 200’ of a TARC route; 2. The property is within .75 miles of a public park; and 3. The property is within one mile of a National Register District or Local Preservation District. And change "This provision cannot be waived." to "This provision shall not be waived or adjusted". Under 4.3.20, G. - Replace, "The dwelling unit shall have an appropriate amount of parking available for guests." with "There shall be a sufficient amount of parking available for the host and guests, as determined by the Planning Director. The amount and location of parking shall be based on the land uses and density of the immediate vicinity. In the event that a complaint(s) is filed concerning the lack of adequate parking, the Planning Director may require that the host submit a parking study to Planning & Design Services. If the parking study concludes that there is inadequate parking available to the host and guests, the host shall either a) increase the amount of parking or b) discontinue the short term rental use. Under 4.3.20, G. - Add new section "J." which reads, "If the property is subject to two (2) or more substantiated civil and/or criminal complaints, the Planning Director may revoke the approval." The motion to amend carried by a voice vote.

  4. O-122-16 AN ORDINANCE AMENDING THE FOLLOWING SECTION OF CHAPTERS 1, 2 AND 4 OF THE LAND DEVELOPMENT CODE PERTAINING TO SHORT TERM RENTALS OF DWELLING UNITS-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002). (AS AMENDED)
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Flood, seconded by Vice Chair Hollander, that this Ordinance as amended be recommended for approval. The motion to approve carried by the following vote and the Ordinance as amended was sent to Old Business:

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  6. Call to Order

    Chair Person Peden called the meeting to order at 3:04 p.m.

  7. Roll Call

    Chair Person Peden introduced the committee members present. A quorum was established. Committee Member Cheri Bryant Hamilton (D-5) arrived at 3:07pm and left at 3:25pm

  8. Pending Legislation
  9. 1. AN ORDINANCE AMENDING THE FOLLOWING SECTION OF CHAPTERS 1, 2 AND 4 OF THE LAND DEVELOPMENT CODE PERTAINING TO SHORT TERM RENTALS OF DWELLING UNITS-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002). (AS AMENDED)
    Ordinance
    Action: untabled

    A motion was made by Vice Chair Hollander, seconded by Committee Member Flood, that this Ordinance be untabled.

  10. 2. AN ORDINANCE AMENDING SECTION 5.12.2 OF THE LAND DEVELOPMENT CODE PERTAINING TO OUTDOOR AMENITIES/ FOCAL POINT(S) - APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1003) (AS AMENDED).
    Ordinance
    Action: held

    This item remained Held.

  11. 3. AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF CHAPTERS 6 AND 9 OF THE LAND DEVELOPMENT CODE, INCLUDING APPENDIX 6E, PERTAINING TO MOBILITY AND PARKING STANDARDS-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A-WHICH IS PART OF A CONTINUING EFFORT TO UPDATE THE ZONING REGULATIONS FOR LOUISVILLE METRO (CASE NO. 14AMEND1003).
    Ordinance
    Action: held

    This item remained Held.

  12. 4. AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE LAND DEVELOPMENT CODE AS PART OF A CONTINUING EFFORT TO UPDATE THE ZONING REGULATIONS FOR LOUISVILLE METRO (CASE NO. 14AMEND1003).
    Ordinance
    Action: held

    This item remained Held.

  13. Adjournment

    Without objection, Chair Person Peden adjourned the meeting at 4:02 p.m. *NOTE: Items sent to the Consent Calendar or Old Business will be heard before the full Council at the Metro Council Meeting on June 23, 2016.

  14. Note: Agendas are followed at the discretion of the Chair Person. While an item may be listed, it does not mean all items will be heard and/or acted upon by the Committee.