Ordinance 2022-1824 - Laserfiche WebLink

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WHEREAS, Section 17.28.110 provides that to the extent not modified or waived in the PUD development plan, the requirements of the underlying zone districts apply; and WHEREAS, City staff have identified PUDs within the Burn Areas where homes were built with setbacks and other dimensional aspects that do not comply with the PUD development plan or underlying zone district; and WHEREAS, the City Council finds it would be a hardship for lot owners within such subdivisions to be required to rebuild utilizing more restrictive dimensional criteria than were applied for the original structure; and WHEREAS, Section 17.28.200.D of the Louisville Municipal Code provides that, for any area covered by a final development plan for a residential PUD approved after August 1, 1995, no building permit may be issued more than 36 months after City Council approval of the plan unless an extension of time is approved pursuant to subsection 17.28.210.B and issuance is within such extended time; and WHEREAS, the City Council finds this time limitation should not be applicable to prevent rebuilding of any residence damaged or destroyed by the Marshall Fire; and WHEREAS, Chapter 17.72 of the Louisville Municipal Code provides regulations for a Planned Community Zone District ("PCZD"), the purpose of which is to encourage, preserve and improve the health, safety and general welfare of the people of the City by encouraging the use of contemporary land planning principals and coordinated community design; and WHEREAS, each PCZD is governed by an approved general development plan that controls all development within the district and which controls the issuance and validity of all building and occupancy permits within the district; and WHEREAS, Section 17.72.190 of the Louisville Municipal Code requires yard and bulk requirements under a PCZD to be specified in the approved general development plan ("GDP"); and WHEREAS, for residential development, such yard and bulk requirements are to be in general conformance with R-E, R-L, R-M, R-H, and SF Zones, each of which Zones provide different yard and bulk requirements as set forth in Section 17.12.040 of the Louisville Municipal Code; and WHEREAS, City staff have identified GDPs within the Burn Areas where yard and bulk standards were not established and therefore no controlling regulations exist; and WHEREAS, the City Council finds that lot owners seeking to rebuild homes within the areas covered by these GDPs would have a reasonable expectation that they could rebuild their homes to reflect similar yard and bulk standards as existed in the built subdivision prior to the Ordinance No. 1824, Series 2022 Page 2 of 7