Planning Commission Agenda and Packet 2022 02 10

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LL C ity,}f Louisville Planning Commission Staff Report February 10, 2022 ITEM: Emergency Ordinance Addressing Zoning Regulations Affecting Structures Damaged or Destroyed by the Marshall Fire and Authorizing the Zoning Administrator to Reconcile Discrepancies and Facilitate Rebuilding PLANNER: Robert A. Zuccaro, AICP, Director of Planning and Building Safety APPLICANT: Staff Initiated SUMMARY: Staff is presenting for recommendation to City Council an emergency ordinance that provides administrative authority to allow the Zoning Administrator to make interpretations and determinations on zoning standards to reconcile any conflicting provisions or gaps that exist between adopted ordinances and development plans and the standards used for the original development of structures damaged or destroyed by the Marshall Fire. The ordinance would allow the Zoning Administrator to issue summary standards addressing yard, bulk and other dimensional standards consistent with each neighborhoods' established character. Such summaries would become an enforceable and permanent part of each governing development plan for impacted properties. The summary standards would first be based on the City's adopted ordinances and standards within approved development plans, such as Planned Unit Developments (PUDs) and General Development Plans (GDPs) when such standards clearly reflect the established character of each neighborhood. Where conflicting provisions arise that are inconsistent with the as -built character of the neighborhood or there are omissions in regulations so that no controlling provision exists, the Zoning Administrator would determine the applicable standard. Examples of anticipated conflicts or omissions include but are not limited to: • Conflicts in as -built lot coverage and adopted lot coverage standards. • Omissions in GDPs of yard and bulk or height standards and/or reference to applicable underlying residential district to base standards. • Omissions or conflicts in as -built street side -yard setbacks and the underlying zoning or PUD setbacks. • Amended or no longer applicable design standards in development agreements likely relied on in original construction that are not codified or that clearly run with certain parcels of land. • Height calculation methodology for walk -out basements and grading disturbance due to debris removal and site remediation. Fencing design standards. To understand original yard and bulk standards established within a neighborhood, staff will rely on permit records and surveys from the original construction. This may be supplemented by other reliable information including but not limited to County Assessor