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Whiskey Row Announcement 5-11-12
Advocacy Alert!
Proposed amendment weakens Landmarks ordinance
News outlets and blogs continue to air editorials about the pros and cons in the debate over proposed changes to the Metro Louisville Landmarks ordinance. We need your help to get the word out that changes to this ordinance are unnecessary and politicize a process that has successfully functioned in this community for 40 years!
Myths vs Facts
- *The Landmarks process is not open and transparent
Local landmark designation can only be requested by petition of the public. As demonstrated by recent research, these petitions are neighborhood driven, grassroots efforts. Local landmark designation petitions don’t guarantee that a hearing will even be held. It only begins a process that includes: petition verification, property study, photographs, and a staff designation report.
The Public Hearing for a Landmarks Designation must be noticed under the State standards of KRS 424, which requires posting notice of a public meeting in the community’s newspaper of record 7 to 21 days in advance. Everyone who attends a landmarks public hearing is allowed to speak. These hearings can go on for 3-4 hours for a single property!
- *The Landmarks Commission members are biased toward Preservation
The Landmarks Ordinance requires individuals with various expertise – Attorney, Architect, Historian, Real Estate Broker or Appraiser, Landscape Architect, Historian or Architectural Historian, Archaeologist, member of Greater Louisville, Inc., Director of the Department of Inspections, Permits and Licenses, Executive Director of the Louisville and Jefferson County Planning Commission and a member of Metro Council – to allow their expertise to inform decision-making.
The Landmarks Ordinance also requires that “All members have a known interest in local landmarks / district preservation.” This requirement must be taken into consideration by the Mayor’s office in making appointments. Metro Council must review and approve all appointments to Boards and Commissions.
The requirements for expertise and commitment to the task would seem to be a reasonable, desirable trait. Would you want to appoint citizens to the Board of Health who didn’t have knowledge and interest regarding Public Health? Should School Board members not care about learning and education?
Since 2000, there has been 40 local landmark designations and of those 40 landmarks only 8 + Whiskey Row were petition driven. With an average of less than 1 designation per year, this is hardly a Metro process run amok! The Metro Louisville Landmarks Ordinance as it stands now is a proven process that has been modeled across the country for being one of the oldest and best structured in any community.
- *Petitions requesting local landmark designation hearings are signed by the same 200 people, over and over
Based on an analysis of the most recent landmarks petitions presented to the commission,
the majority of signatures on Metro Landmarks petitions requests ARE from the people that
live nearest the proposed Landmark in question. For example:
The Peter C. Doerhoefer House, Landmarked in 2011, located at 4422 West Broadway, 40211:
Out of a total 363 signatures, 172 of these came from the zip codes 40211 and 40212.
Twig and Leaf, Landmarked in 2011, located at 2122 Bardstown Road, 40204:
Out of a total 679 signatures, 245 came from the 40205 zip code – well more than the 200
needed to grant a hearing in front of the Landmarks Commission!
Colonial Gardens, Landmarked in 2008, located at 618 West Kenwood Drive, 40214 showed
widespread support for the landmark with 31 zip codes represented and approximately 124 of
the signatures came from west of Poplar Level Road.
The petition for the Roscoe Goose House, 3012 S. 3rd Street, 40208 currently in front of the
Landmarks Commission has a total of 350 signatures and 124 of these came from the zip code
40208 and the adjacent zip codes. This petition originated from the support of the South Louisville Neighborhood Council and has engaged the support of several Roscoe Goose descendants.
As you can see, the broadest support already comes from the area affected. And, in most cases, the desire to begin the petition process comes directly from the neighborhood! Metro Councilman Tom Owen commented in a recent committee meeting that in the analysis of petition sheets, “to our ‘startling amazement’ we found it is NOT the same small cadre of people signing these petitions."
- *The Metro Council’s involvement in decision-making of Individual Landmarks would protect the public interest
The Landmarks Ordinance requires the Landmarks Commission to have a member from the Metro Council that serves on the commission. Currently Tina Ward Pugh serves as a Landmarks Commissioner.
The Landmarks Ordinance does not require Metro Council to hold public hearings. Public comment is only allowed in Metro Council committee meetings, and then only at the discretion of the Chair of the committee. Most generally, public comment is not allowed.
Metro Council members must stand for election, which requires fund-raising and the gathering of supporters. The nature of politics encourages issues to become clouded or leveraged against other concerns. Decisions are subject to “back-room” discussions and not the merits of the case.
- *National Register of Historic Places listings are regulated by the Metro Landmarks Commission
The Landmarks Commission has nothing to do with the National Register process. The National Register of Historic Places is the federal government’s official list of historic and archaeological sites deemed worthy of preservation. In Kentucky, both the National Register and the statewide survey of historic sites are the responsibility of the Kentucky Heritage Council/State Historic Preservation Office, as required by the National Historic Preservation Act (NHPA) of 1966.
National Register status is primarily an honor. It does not affect property ownership rights unless Federal dollars are involved. Owners of National Register properties may qualify for federal or state tax credits for certified rehabilitation of these properties. Projects that typically require Federal environmental review include projects that utilize Community Development Block Grant (CDBG) dollars, which fund many City services.
- *Demolition of abandoned buildings is regulated by the Metro Landmarks Commission staff
The City spends Federal money to fund its demolition program, and as outlined above, Federal money cannot be spent to impact a National Register property or property that is eligible for the National Register without proper Federal environmental review. Under federal law, use of Federal dollars requires additional consultation and potential mitigation if demolition is to occur on an historic property.
As a matter of policy, the City has frequently declined to do this mitigation work.
Instead, the City often allows abandoned historic properties to deteriorate until they reach emergency demolition conditions. If Metro Council is truly committed to strengthening local ordinances, policy could change to enable a proactive solution.
The only role of Landmarks staff in the demolition of properties is to determine if the property in question is historic, meaning, under Federally established criteria, eligible for the National Register. (Don’t shoot the messenger!) All other requirements are governed by the agreement with the Federal government for the release of CDBG dollars.
Keep up the emails and phone calls to our Metro Council Representatives & the Mayor and let them know you DO NOT support changing our Landmarks ordinance - and you support the expertise of the Metro Landmarks Commissioners!
Use the following points to
express your support.
- *Metro Councilwoman Tina Ward Pugh has said, "The Mayor appoints members to the Landmarks Commission based on their ability to serve ALL constituents of Metro Louisville. Metro Council is already accountable for the Landmarks process, and to their constituents in their districts, by approving the Mayor's appointments. Contrary to what Yates says, these decisions are not being given to an appointed body with "no oversight".
- *Contrary to what some Metro Council Representatives would have you believe the majority of signatures on Metro Landmarks petition requests are from the people that live nearest the landmark in question. After reviewing the signatures from recent landmark petitions you can easily see that the largest amount of support comes from the area that is affected, and in most cases the desire to begin the petition process comes directly from the neighborhood.
- *There are recent Landmarks petitions for example from West Louisville (Doerhoefer Manison), East Louisville (Bauer's/Azaleas), and South Louisville (Colonial Gardens) along with the current petition going in front of the Metro Landmarks Commission (The Roscoe Goose House), and analysis of these petitions show the majority of the signatures came from the area surrounding the landmark, no matter what area that is. Metro Councilman Tom Owen commented that "in the analysis of petition sheets - to our "startling amazement" we found it is NOT the same small cadre of people signing these petitions."
- *There is already an open and transparent process in place in this ordinance. All citizens are invited to take part in public hearings of the Metro Landmarks Commission and voice their concerns or approval of any Landmark under consideration. Metro Council should make sure that the people in their districts have the right to be heard and in this situation that ability already exists!
- *Bringing Metro Council into the designation process unnecessarily politicizes what should be a decision based on clear, historic and architectural criteria made by individuals with expertise in those areas. Designation should be based on guidelines and standards, not politics.
- *Since 2000, there have been 40 local landmark designations and of those 40 landmarks only 8 + Whiskey Row were petition driven. With an average of less than 1 designation per year, this is hardly a Metro process run amok! The Metro Louisville Landmarks Ordinance as it stands now is a proven process that has been modeled across the country for being one of the oldest and best structured in any community.
Click Here to Email Mayor Fischer
Click Here to Email Metro Council
CLICK HERE to download the UPDATED proposed amendment PDF
CLICK HERE to download the ORIGINAL proposed amendment PDF
CLICK HERE to see video of the Planning/Zoning committee of Metro Council
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As you may know, Preservation Louisville has recently obtained a copy of a proposed amendment to the Landmarks Ordinance, Chap 32.250 of the Metro Code of Ordinances. This amendment was to be heard in the Planning/Zoning committee of the Metro Council on 2/14/12. Preservation Louisville attended this meeting and is happy to report that this amendment has been tabled until public hearings can be held on the subject. We are happy the amendment has been tabled until further dialogue can occur and we intend on being part of the discussion as it progresses.
WE STILL NEED YOUR HELP!
We need to keep up the emails and phone calls to our Metro Council Representatives and the Mayor!
The Metro Council members supporting this amendment see it as needed reform. Their goals will destroy a 40 year successful landmarks program and will upset economic growth, sensible redevelopment and effective governance.
THE ISSUE:
As the Ordinance stands today, 200 signatures of citizens residing in Jefferson County is sufficient to petition for Landmark status of an historic district or individual property. The Landmarks Commission process involves site visits, documentation, research, a staff report, committee review and, if warranted, a public hearing before the Metro Landmarks Commission. If a designation results, a Landmark district designation is then referred to Metro Council for final action, whereas, an individual Landmark designation is final when acted upon by the Commission. This latter action has been used many times in the past to stop demolition of significant structures, most notably in the recent past, Whiskey Row!
The intent of this amendment is two-fold:
- -It makes all designations require Metro Council approval.
- -It would require a percentage of signatures on landmark petitions to come from within a one mile radius of the property which would make it difficult for designation in areas like downtown and Floyds Fork.
WHAT YOU CAN DO:
Email Metro Council and Mayor Fischer to let them know you DO NOT support changing our Landmarks ordinance and you support the expertise of the Metro Landmarks Commissioners!
Use the following points to show your support!
- -There is already a democratic process in place that gives rights to everyone in our community to be heard in every landmarks designation case. Metro Council should make sure that the people in their districts have the right to be heard and in this situation that ability already exists!
- -Bringing Metro Council into the designation process unnecessarily politicizes what should be a decision based on clear, historic and architectural criteria made by individuals with expertise in those areas. Designation should be based on guidelines and standards, not politics.
-The current Demolition Ordinance delays demolition of historic structures for only 30 days and Metro Council's involvement would require a far longer process. Many significant structures could be lost before Metro Council acts. This new legislation has many unintended consequences!
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Landmark the Goose House!
Come to the Landmarks Public Hearing
Roscoe Tarleton Goose (January 21, 1891 - June 11, 1971) was an American jockey in Thoroughbred horse racing who was one of the inaugural class of inductees in the Kentucky Athletic Hall of Fame. Born near Louisville, Kentucky, Roscoe Goose won a number of races, the most important of which came in 1913 when he captured the Kentucky Derby with the colt, Donerail. Sent off at 91:1 odds, Roscoe Goose stunned racing fans with a win that returned backers $184.90 for a $2 wager, a Derby record which still stands. Dubbed The Golden Goose, when his career as a jockey came to an end he remained in the Thoroughbred racing industry as a trainer and an owner. 3012 S. 3rd St. was built in 1900 and Roscoe Goose acquired the house in 1912 and lived there with his brother Carl Goose, who was also a famous jockey. The property was owned by Roscoe Goose until his death in 1971.
Please click the link below download and sign our petition to make the Goose house a local landmark - and please donate to our petition drive using a credit card or paypal on our secure website! Thanks for your support!
Click here to download the Goose House Landmark Petition
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Advocacy efforts
Preservation Louisville helped gain landmark status for Bauer’s Restaurant, the Wayside Christian Mission properties on East Market Street, Colonial Gardens in the Iroquois neighborhood and Whiskey Row. We also assisted in protecting the Ouerbacker House on West Jefferson Street from threatened demolition, and helped save a threatened shotgun house in Butchertown.
In January 2008, after months of study, the Board of the Brennan House Historic Home voted to change the mission of the organization following recommendations from the National Trust for Historic Preservation and local stakeholders, and to add the role of preservation advocacy to our mission. Although our mission has expanded, we will continue to act as a Heritage Center and to preserve the Brennan House along with the original family collection. In June 2008, the Board chose the name Preservation Louisville, Inc. to reflect the importance of historic preservation to this expanded mission and our community. Preservation Louisville’s new mission is to “Protect and Promote our community’s Cultural, Environmental and Architectural Heritage”
