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Ad Hoc Committee on Land Development Code

Monday, November 14, 2016 · 3:00 PM AM · Council Chambers

TL;DR

The Ad Hoc Committee on Land Development Code met to discuss updates to local zoning regulations, with a significant focus on short-term rental rules for condominium owners. The committee passed an amended ordinance that allows homeowners to rent out their primary residence as a short-term rental, subject to specific notification and approval requirements from their condominium association.

Key Decisions

  • Short-Term Rental in Condominiums Passed (Amended)
  • Medical Clinic Zoning Amendments Recommended for Approval
  • Several Other Zoning Amendments Held in Committee
Agenda PDF Minutes PDF

Agenda

  1. Support Staff

    Jon Baker, Jefferson County Attorney's Office

  2. Clerk

    David B. Wagner, Assistant Clerk

  3. page break
  4. O-306-16 AN ORDINANCE AMENDING SECTION 4.2.61 OF THE LAND DEVELOPMENT CODE TO INCLUDE WITHIN THE LIST OF USES PERMITTED IN CERTAIN ZONING DISTRICTS BY CONDITIONAL USE PERMIT THE SHORT TERM RENTAL OF A CONDOMINIUM UNIT WHERE THE SUBJECT CONDOMINIUM UNIT IS THE PRIMARY RESIDENCE OF THE HOST-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002).(AS AMENDED).
    Ordinance
    Action: amended
  5. O-306-16 AN ORDINANCE AMENDING SECTION 4.2.61 OF THE LAND DEVELOPMENT CODE TO INCLUDE WITHIN THE LIST OF USES PERMITTED IN CERTAIN ZONING DISTRICTS BY CONDITIONAL USE PERMIT THE SHORT TERM RENTAL OF A CONDOMINIUM UNIT WHERE THE SUBJECT CONDOMINIUM UNIT IS THE PRIMARY RESIDENCE OF THE HOST-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002).(AS AMENDED).
    Ordinance
    Action: amended
  6. O-306-16 AN ORDINANCE AMENDING SECTION 4.2.61 OF THE LAND DEVELOPMENT CODE TO INCLUDE WITHIN THE LIST OF USES PERMITTED IN CERTAIN ZONING DISTRICTS BY CONDITIONAL USE PERMIT THE SHORT TERM RENTAL OF A CONDOMINIUM UNIT WHERE THE SUBJECT CONDOMINIUM UNIT IS THE PRIMARY RESIDENCE OF THE HOST-APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1002).(AS AMENDED).
    Ordinance
    Action: amended
  7. Call to Order

    Chair Person Peden called the meeting to order at 3:03 p.m.

  8. Roll Call

    Chair Person Peden introduced the committee members present. A quorum was established.

  9. Pending Legislation
  10. 1. AN ORDINANCE AMENDING SECTION 1.2.2, 4.2.1, 4.2.29, AND TABLE 9.1.2B OF THE LAND DEVELOPMENT CODE PERTAINING TO MEDICAL CLINICS - APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1000).
    Ordinance
    Action: recommended for approval Passed

    A motion was made by Committee Member Stuckel, seconded by Vice Chair Hollander, that this Ordinance be recommended for approval. Joe Haberman, Planning and Design Services, spoke to the item and gave a presentation. Jon Baker, Jefferson County Attorney's Office, and David Davidson, Strauss Troy Co., LPA, spoke to the item. The motion carried by the following vote and the Ordinance was sent to the Consent Calendar:

  11. 2. AN ORDINANCE AMENDING SECTION 4.2.61 OF THE LAND DEVELOPMENT CODE TO INCLUDE WITHIN THE LIST OF USES PERMITTED IN CERTAIN ZONING DISTRICTS BY CONDITIONAL USE PERMIT THE SHORT TERM RENTAL OF A CONDOMINIUM UNIT WHERE THE SUBJECT CONDOMINIUM UNIT IS THE PRIMARY RESIDENCE OF THE HOST-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 Stuckel, seconded by Vice Chair Hollander, that this Ordinance be recommended for approval. Joe Haberman, Planning and Design Services, spoke to the item and gave a presentation. Jon Baker, Jefferson County Attorney's Office, spoke to the item. A motion was made by Committee Member Flood, seconded by Committee Member Hamilton, that this Ordinance be amended by striking out the following proposed language in the fourth sentence of Section 4.2.61D: ...or, in the alternative, where no official meeting of the condominium association board has taken place, a resolution in unanimous support, signed by all board members, permitting the short term rental of the subject condominium unit. The motion to amend carried by a voice vote. A motion was made by Chair Person Peden, seconded by Committee Member Stuckel, that this amended Ordinance be amended by striking out the word "either" in the fourth sentence of Section 4.2.61D and replacing the wording after "wherein" with the following language: ...100% of the owners were notified this subject would be discussed and wherein a majority of the board members voted in favor of permitting/allowing the short term rental of the subject condominium. The motion to amend carried by a voice vote. A motion was made by Chair Person Peden, seconded by Committee Member Hamilton, that this amended Ordinance be amended by adding the following sentence after the fourth sentence of Section 4.2.61D: In addition to notification required by Chapter 11, Part 5A, applicants for short term rental within a condominium shall provide notice of the conditional use public hearing to all condominium owners within the association. Proof of notification shall be by way of affidavit. The motion to amend carried by a voice vote. The motion to recommend for approval carried by the following vote and the amended Ordinance was sent to Old Business:

  12. 3. 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 was held in committee.

  13. 4. A RESOLUTION REQUESTING THE PLANNING COMMISSION HOLD A PUBLIC HEARING AND FORWARD A RECOMMENDATION TO THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT REGARDING A PROPOSED AMENDMENT TO SECTION 6.1.3 OF THE LAND DEVELOPMENT CODE THAT WOULD REQUIRE A STANDARD MINIMUM DISTANCE BETWEEN ACCESS WAYS FOR RESIDENTIAL DEVELOPMENTS WITH AN AGGREGATE OF 200 OR MORE DWELLINGS WHEN TWO OR MORE SEPARATE ACCESS WAYS FROM SAID RESIDENTIAL DEVELOPMENTS CONNECT DIRECTLY TO THE SAME ROADWAY.
    Resolution
    Action: held

    This item was held in committee.

  14. 5. AN ORDINANCE AMENDING SECTION 5.1.12 OF THE LAND DEVELOPMENT CODE PERTAINING TO SUBURBAN INFILL - APPLICABLE SECTIONS ARE MORE SPECIFICALLY SET FORTH BELOW IN EXHIBIT A (CASE NO. 16AMEND1006)
    Ordinance
    Action: held

    This item was held in committee.

  15. 6. 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 was held in committee.

  16. 7. 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 was held in committee.

  17. Adjournment

    Without objection, Chair Person Peden adjourned the meeting at 3:57 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 November 17, 2016.

  18. 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.