Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Planning Commission Thursday, June 2, 2016 1:00 PM Old Jail Auditorium Call To Order NOTE: Commissioner Emma Smith was sworn in. NOTE: Commissioner David Tomes arrived at 1:15 p.m. NOTE: Commissioner Jeff Brown left at 3:45 p.m. Present: 9- Commissioner Marilyn Lewis, Commissioner Jeff Brown, Commissioner Clifford Turner, Chair Person Donnie Blake, Commissioner Robert Kirchdorfer, Commissioner David Tomes, Vice Chair Vince Jarboe, Commissioner Robert Peterson, and Commissioner Lula Howard Absent: 1- Commissioner Chip White Approval Of Minutes 1. PC_Minutes_05.19.16 Approval of the minutes of the May 19, 2016 Planning Commission public hearing. A motion was made by Commissioner Turner, seconded by Commissioner Lewis, to APPROVE the minutes of the meeting of the May 19, 2016 Planning Commission. The motion carried by the following vote: NOTE: Emma Smith abstained from this vote. Yes: 7- Lewis, Brown, Turner, Blake, Kirchdorfer, Jarboe, and Peterson Absent: 2- White, and Tomes Abstain: 1- Howard Consent Agenda Louisville Metro Government Page 1 Planning Commission Action Summary June 2, 2016 2. 16AMEND1001 Request: Amend the Land Development Code Related to Zoning Districts Permitting Landscaping Contractors Project Name: Landscaping Contractors LDC Text Amendment Location: Multiple properties in Louisville Metro Owner: Multiple Owners Applicant: Louisville Metro Representative: Louisville Metro Jurisdiction: Louisville Metro Council District: Planning Commission Resolution Case Manager: Brian Mabry, AICP, Planning Coordinator A motion was made by Commissioner Brown, seconded by Commissioner Lewis, to uphold the Planning Committee’s decision to DENY the Landscaping Contractors LDC Text Amendment. The motion carried by the following vote: YES: 8 - Lewis, Brown, Turner, Blake, Kirchdorfer, Jarboe, Peterson, and Howard ABSENT: 1 - White ABSTAIN: 2 - Tomes and Smith 3. 16TREELIST01 Request: Amend Chapter 10 Appendix A and Appendix B of the Land Development Code related to preferred and prohibited tree lists Project Name: Tree List LDC Appendix Amendment Location: Multiple properties in Louisville Metro Owner: Multiple Owners Applicant: Louisville Metro Representative: Louisville Metro Jurisdiction: Louisville Metro Council District: Louisville Metro Case Manager: Brian Mabry, AICP, Planning Coordinator A motion was made by Commissioner Howard, seconded by Commissioner Lewis, to APPROVE an amendment to Chapter 10 Appendix A and Appendix B of the Land Development Code related to preferred and prohibited tree lists and to APPROVE the attached preferred and prohibited tree list with the exclusion of the statement “This list will be reviewed and updated periodically by the office of Urban Forester”. The motion carried by the following vote: YES: 9 - Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard ABSENT: 1 - White ABSTAIN: 1 - Smith Public Hearing Louisville Metro Government Page 2 Planning Commission Action Summary June 2, 2016 4. 16NEIGH1001 Request: Approval of Cane Run Road Neighborhood Plan as Amendment to Cornerstone 2020 Project Name: Cane Run Road Neighborhood Plan Location: Cane Run Road Owner: Multiple Applicant: Louisville Metro Government Representative: Louisville Metro Government Jurisdiction: Louisville Metro Council District: 1-Jessica Green Case Manager: Kendal Baker, AICP, Planning Manager I A motion was made by Commissioner Lewis, seconded by Commissioner Howard, for cases 16NEIGH1000 and 16NEIGH1001, to incorporate the proposed amendments to the Cane Run Road neighborhood revitalization plan and Executive Summary where appropriate. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White A motion was made by Commissioner Lewis, seconded by Commissioner Howard, to RECOMMEND FOR APPROVAL the Cane Run Road neighborhood plan as presented. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White A motion was made by Commissioner Lewis, seconded by Commissioner Howard, to RECOMMEND FOR APPROVAL the 16NEIGH1001 Executive Summary as an amendment to Cornerstone 2020. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White Louisville Metro Government Page 3 Planning Commission Action Summary June 2, 2016 6. 9-58-89/15424 Case Number: 9-58-89/15424 BE Citation Property Address: 9201 Blue Lick Road Case Manager: John Carroll, Assistant County Attorney A motion was made by Commissioner Peterson, seconded by Commissioner Tomes, to delay any installation of penalties pending the receipt of progress reports in August regarding the paving and cleanup and in October regarding the landscaping. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 7- Lewis, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 3- White, Brown, and Turner 7. 9-36-96 BE Request: 9-36-96 BE Citation Location: 9609 National Turnpike Case Manager: Jonathan Baker, Assistant County Attorney A motion was made by Vice Chair Jarboe, seconded by Commissioner Howard, to keep the fine suspended and implement the landscape plan by the October 1, 2016 Planning Commission meeting. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 7- Lewis, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 3- White, Brown, and Turner 8. 16DEVPLAN1035 Request: Appeal of DRC Approval of RDDDP and Waiver for proposed religious campus and condos Project Name: Buddha Blessed Temple at Park Ridge Village Location: 7748 Third Street Road Owner: Trung Huynh, Buddha Blessed Temple, Inc Applicant: Trung Huynh, Buddha Blessed Temple, Inc Representative: John Addington, BTM Engineering, Inc. Jurisdiction: Louisville Metro Council District: 25-David Yates Case Manager: Laura Mattingly, Planner I I A motion was made by Commissioner Howard, seconded by Commissioner Peterson, that the appeal of the DRC approval of RDDDP and the waiver for a proposed religious campus and condos be DENIED. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Louisville Metro Government Page 4 Planning Commission Action Summary June 2, 2016 Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White 9. 16AMEND1004 Request: Amend Section 4.1.6 of the Land Development Code Related to Hours of Operation Project Name: Hours of Operation LDC Text Amendment Location: Multiple properties in Louisville Metro Owner: Multiple Owners Applicant: Louisville Metro Representative: Louisville Metro Jurisdiction: Louisville Metro Council District: Planning Commission Resolution Case Manager: Brian Mabry, AICP, Planning Coordinator A motion was made by Commissioner Brown, seconded by Commissioner Tomes, to RECOMMEND to Metro Council to amend to Section 4.1.6 of the Land Development Code as outlined in the Staff Report. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White NOTE: This case was heard out of order as the first item under Public Hearing. A motion was made by Commissioner Brown, seconded by Commissioner Howard, to APPROVE the resolution as stated in the final copy of the Staff Report which was provided the Commissioners today. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 9- Lewis, Brown, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 1- White Louisville Metro Government Page 5 Planning Commission Action Summary June 2, 2016 10. 15ZONE1028 Request: Rezoning from R-4 to PEC on 6.4 acres, Detailed District Development Plan, and Binding Elements Project Name: Maple Crossing Location: 2211 Tucker Station Rd. Owner: Adam Koch Applicant: Adam Koch Representative: Bardenwerper, Talbott & Roberts; Mindel Scott & Associates Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Brian Davis, AICP, Planning Manager A motion was made by Vice Chair Jarboe, seconded by Commissioner Lewis, that the rezoning from R-4 to PEC on 6.4 acres be RECOMMENDED FOR APPROVAL. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 8- Lewis, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 2- White, and Brown A motion was made by Vice Chair Jarboe, seconded by Commissioner Lewis, that the Detailed District Development Plan and the Binding Elements be APPROVED. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 8- Lewis, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 2- White, and Brown 11. 15ZONE1060 Request: Change in zoning from M-2 & R-6 to C-M on approximately 0.43 acres with Waivers and a District Development Plan Project Name: Art Sanctuary Location: 1433, 1439 & 1441 South Shelby Street Owner: JABAR, LLC Applicant: Dennis L. Becker Representative: Daniel L. Senn Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Julia Williams, RLA, AICP, Planner II A motion was made by Vice Chair Jarboe, seconded by Commissioner Peterson, that the change in zoning from M-2 and R-6 to C-M be RECOMMENDED FOR APPROVAL. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 8- Lewis, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Louisville Metro Government Page 6 Planning Commission Action Summary June 2, 2016 Absent: 2- White, and Brown A motion was made by Vice Chair Jarboe, seconded by Commissioner Peterson, that the Waivers and District Development Plan be APPROVED. The motion carried by the following vote. NOTE: Commissioner Emma Smith abstained from this vote. Yes: 8- Lewis, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 2- White, and Brown 12. 16ZONE1004 Request: Change in zoning from R-6 to C-2 on approximately 0.3 acres with a Variance, Waivers and Detailed District Development Plan with Binding Elements Project Name: Butcher Block Location: 115 N. Wenzel St.; 1004, 1006 & 1006R E. Washington St. Owner: Butcher Block Properties LLC Applicant: Andy Blieden Representative: Sabak Wilson & Lingo; Stites & Harbinson Jurisdiction: Louisville Metro Council District: 4-David Tandy Case Manager: Julia Williams, RLA, AICP, Planner II A motion was made by Vice Chair Jarboe, seconded by Robert Peterson, that the change in zoning from R-6 to C-2 be RECOMMENDED FOR APPROVAL. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 7- Lewis, Turner, Blake, Kirchdorfer, Jarboe, Peterson, and Howard Absent: 3- White, Brown, and Tomes A motion was made by Vice Chair Jarboe, seconded by Commissioner Howard, that the Variance, Waivers, and Detailed District Development Plan be APPROVED. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Yes: 7- Lewis, Turner, Blake, Kirchdorfer, Jarboe, Peterson, and Howard Absent: 3- White, Brown, and Tomes 13. PC_06.02.16 Approval of Cases Approval of the minutes of Case No. 16NEIGH1000 and 16NEIGH1001 ONLY. A motion was made by Vice Chair Jarboe, seconded by Commissioner Turner, to approve the minutes for cases 16NEIGH1000 and 16NEIGH1001 from today's meeting of the Planning Commission. The motion carried by the following vote: NOTE: Commissioner Emma Smith abstained from this vote. Louisville Metro Government Page 7 Planning Commission Action Summary June 2, 2016 Yes: 8- Lewis, Turner, Blake, Kirchdorfer, Tomes, Jarboe, Peterson, and Howard Absent: 2- White, and Brown Adjournment Louisville Metro Government Page 8