Louisville Metro and Kentucky State Government Updates With Rue McFarland

Greater Louisville Association of Realtors

November 6, 2017

1. Louisville Metro Councilman Bill Hollander introduced a tree canopy ordinance on Monday December 5th. The focus of the ordinance is on public property and public right of way trees. The ordinance sets the requirements for the trimming and taking down of these trees. Also, the ordinance does affect private property in two ways. First, the ordinance allows a private property owner to place a conservation easement on a particular tree on one’s particular property is that tree is of significance. Determination of what is a significant tree will be determined by a Tree Advisory Commission. Also, the ordinance will require a private property owner that is adjacent to a public right of way to not only care and maintain the public right of way tree, which is the current law, but to also replace that tree if it were to die. The ordinance was introduced for first reading on Thursday December 8th. In December, GLAR representatives met with the sponsor of the ordinance and went through several issues and concerns. It looks like Councilman Hollander is willing to make some changes to make the ordinance better. Councilman Hollander made many of the suggested changes to the ordinance as suggested by GLAR and GLAR is neutral on the ordinance. Currently, the Committee has it tabled and it will be discussed again on December 5th at 3 PM.  

2. Louisville Metro’s Develop Louisville, working through its Office of Housing and Community Development ("OHCD"), is soliciting proposals from nonprofits, including Community Housing Development Organizations ("CHDO''), Community Development Corporations (“CDC”) and for-profit developers for "gap financing” needs associated with Metro-wide affordable housing development projects. Louisville Metro Government ("LMG") has set aside funding from the U.S. Department of Housing and Urban Development ('"HUD'') HOME Investment Partnerships Program ("HOME''), to fund multiple projects.

The 2017 NOFA focuses on HOME and the program goals are to offer housing choices to a range of homebuyers and renters, by creating "quality of place" neighborhoods, with a diverse blend of affordable housing types, supported by public facilities and other amenities. LMG has CHDO set-aside, and general HOME dollars available to commit for projects. LMG has allocated, at a minimum, $2,149,888.85 for this NOFA, of which $350,910 reserved for CHDOs to undertake development activities.

The deadline for submitting is December 13, 2017 at 5:00 pm. You can find the application and guidelines here. If you have any questions, please feel free to contact Marilyn Harris, info below, at your convenience.

Marilyn S. Harris, MSA, HDFP
Program Manager II
Office of Housing & Community Development
Develop Louisville
Louisville Forward
444 S. 5th Street
Louisville, KY, 40202
(502) 574-3737 (office)
(502) 930-6791 (mobile)

3. Louisville Metro Councilwoman Julie Denton has introduced an ordinance and a resolution dealing with several development issues in her district. The first issue is regarding trees between two developments and whether there needs to be more of a buffer between existing and new developments. She has introduced a resolution for the Planning Commission and its staff to review the current requirements and make recommendations on increasing the required tree buffer of up to 30 feet between existing and new developments.

The second issue that she has brought up is regarding the traffic concerns from new developments on Johnson Road, Aiken Road, and the intersections of these state roads with Shelbyville Road. In order to help alleviate these concerns, Councilwoman Denton has proposed an ordinance that would increase the current system development charge from $1000 a single family residential lot in a development to $2500 a lot in new developments for a single family residential lot. All other system development charges for multifamily and townhouses also was raised the same percentage. The goal of raising the system development charge for these developments is to allow for the additional money to be used for traffic improvements on these corridors and other corridors in Louisville Metro that are experiencing these same traffic concerns due to new developments.

Both the ordinance and the resolution were introduced last Thursday evening for first reading and were held in committee the afternoon of October 31st at the Louisville Metro Planning and Zoning Committee meeting. The next opportunity for this to come up in committee is Tuesday November 14th at 1:30 PM.

August 28, 2017

1. Louisville Metro Councilman Bill Hollander introduced a tree canopy ordinance on Monday December 5th. The focus of the ordinance is on public property and public right of way trees. The ordinance sets the requirements for the trimming and taking down of these trees. Also, the ordinance does affect private property
in two ways. First, the ordinance allows a private property owner to place a conservation easement on a particular tree on one’s particular property is that tree is of significance. Determination of what is a significant tree will be determined by a Tree Advisory Commission. Also, the ordinance will require a private property owner that is adjacent to a public right of way to not only care and maintain the public right of way tree, which is the current law, but to also replace that tree if it were to die. The ordinance was introduced for first reading on Thursday December 8th. In December, GLAR representatives met with the sponsor of the ordinance and went through several issues and concerns. It looks like Councilman Hollander is willing to make some changes to make the ordinance better. GLAR received the revised version of the ordinance couple of weeks back. Councilman Hollander introduced the Ordinance at the Public Works Committee meeting on Tuesday May 16th at 3 pm at Metro Hall. GLAR was present. Councilman Hollander made many of the suggested changes to the ordinance as suggested by GLAR and GLAR is neutral on the ordinance. Currently, the Committee has tabled this issue. The next meeting of the Public Works Committee for discussion on this is September 5th at 3 p.m. at Metro Council.

2. In the Fall of 2016, the Louisville Metropolitan Sewer District brought together a work group to recommend changes to the Floodplain Ordinance in Louisville Metro. GLAR was invited to be on this workgroup since REALTORS are very engaged on issues related to the floodplain and buildings in the floodplain. Over the past year this workgroup met and reached consensus on many changes to the Floodplain Ordinance in order to maintain the large discount Louisville residents receive on their floodplain insurance rates. The changes proposed will allow for the discount to continue and to save the floodplain residents who carry floodplain insurance millions of dollars every year. This past Thursday night under the leadership of Councilwoman Angela Leet, GLAR supported the changes and all of the recommended changes were passed unanimously by the full Metro Council. Huge win for GLAR, its members and their clients.

3. The Jefferson County Public School Board of Education voted unanimously last week o lower property tax rates for fiscal year 2017-18. This reduction will still bring additional revenue to the district while not making much of a difference on tax bill. The real property tax rate will decrease from 70.8 cents per $100 of assessed value to 70.4 cents per $100. The personal property tax rate will also decrease from 71 cents per $100 to 70.4 cents per $100. Even with this lowering of the tax rate, the District expects $19 million more in revenue than last year due to a recent increase in assessments. The county's total real estate assessment increased nearly $4 billion from 2016 to 2017, according to the Jefferson County Property Valuation Administrator's office.

July 31, 2017

1. The Louisville Metro Sanitation District (MSD) has proposed a rate increase for sewer and storm water rates across the board of up to 20% for the upcoming fiscal year. Currently, the rate increase is in front of the Louisville Metro Council for approval since they have to approve any rate increase of over 7%. The Budget Committee of the Metro Council met to vote on the ordinance that will allow MSD to raise rates of up to 10% per year for up to 4 years without Metro Council approval. After 4 years, the Metro Council will again have to approve any rate over 7%. MSDs plan will be to raise rates up to 10% every year over the next four years in order to help pay for the many maintenance issues that need to be addressed. GLAR has supported MSD’s need to raise rates and has shared that with all of the Metro Council. The full Metro Council did not take up the issue on July 27th so the MSD Board on July 28th approved a lower rate increase of 6.9% for the next fiscal year. Louisville Metro will revisit the issue in 2018.

2. Louisville Metro Councilman Bill Hollander introduced a tree canopy ordinance on Monday December 5th. The focus of the ordinance is on public property and public right of way trees. The ordinance sets the requirements for the trimming and taking down of these trees. Also, the ordinance does affect private property in two ways. First, the ordinance allows a private property owner to place a conservation easement on a particular tree on one’s particular property is that tree is of significance. Determination of what is a significant tree will be determined by a Tree Advisory Commission. Also, the ordinance will require a private property owner that is adjacent to a public right of way to not only care and maintain the public right of way tree, which is the current law, but to also replace that tree if it were to die. The ordinance was introduced for first reading on Thursday December 8th. In December, GLAR representatives met with the sponsor of the ordinance and went through several issues and concerns. It looks like Councilman Hollander is willing to make some changes to make the ordinance better. GLAR received the revised version of the ordinance couple of weeks back. Councilman Hollander introduced the Ordinance at the Public Works Committee meeting on Tuesday May 16th at 3 pm at Metro Hall. GLAR was present. Councilman Hollander made many of the suggested changes to the ordinance as suggested by GLAR and GLAR is neutral on the ordinance. Currently, the Committee asked that there be a public hearing on this issue. This public hearing was on July 25th at 2PM at Metro Council.