Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty Street Louisville, KY 40202 Action Summary Planning Commission Thursday, April 6, 2017 1:00 PM Old Jail Auditorium Call To Order Present: 7- Commissioner Jeff Brown, Commissioner Lula Howard, Commissioner Richard Carlson, Commissioner Laura Ferguson, Commissioner Robert Peterson, Commissioner David Tomes, and Chair Person Vince Jarboe Absent: 3- Commissioner Emma Smith, Commissioner Marshall Gazaway, and Vice Chair Marilyn Lewis Approval Of Minutes 1. 03.16.2017 PC Minutes A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that the minutes from the March 16, 2017 Planning Commission meeting be APPROVED. The motion carried by the following vote: Yes: 4- Carlson, Ferguson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Abstain: 3- Brown, Howard, and Peterson Business Session 2. 5.18.2017 PC Meeting Request: Due to a scheduling conflict with the APA-KY Conference, the May 18, 2017 Planning Commission meeting should be rescheduled as a special meeting for May 11, 2017 at 2:00 p.m. By general consensus, the May 18, 2017 Planning Commission meeting was rescheduled as a special meeting for May 11, 2017 at 2:00 p.m. Public Hearing Louisville Metro Government Page 1 Planning Commission Action Summary April 6, 2017 3. 17WAIVER1003 Request: Parking waiver - Cont’d from 3/23/17 LD&T Project Name: 809 Market Street Location: 809 E. Market Street Owner: Shelby Market Properties, LLC Applicant: LMS Design - Lindsey Stoughton Representative: LMS Design - Lindsey Stoughton Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Joel Dock, Planner I A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that Case Number 17WAIVER1003 be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis 4. 16ZONE1078 Request: Change in zoning from R-4 to R-6, Detailed District Development Plan Project Name: Stonestreet Apartments Location: Stonestreet Road Owner: Dorothy J. Yates, Wanda L. Nalley Applicant: Greenwood Properties LLC Representative: Bardenwerper Talbott Roberts PLLC Jurisdiction: Louisville Metro Council District: 25 - David Yates Case Manager: Beth Jones, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the change in zoning from R-4 Residential Single-Family to R-6 Residential Multi-Family be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the Detailed District Development Plan be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Louisville Metro Government Page 2 Planning Commission Action Summary April 6, 2017 5. 17SUBDIV1001 Request: Revised major preliminary subdivision, revised district development plan, parkway waivers, sidewalk waiver, and variance Project Name: The Park at Locust Creek Location: 17015 Shelbyville Road Owner: Creek Partners, LLC; Maurice Sweeney & Sweeney Farm Family, LP Applicant: Creek Partners, LLC Representative: Sabak, Wilson, & Lingo, Inc. - Kelli Jones Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Joel Dock, Planner II NOTE: Commissioner Howard recused herself from this case. A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that the waiver of LDC section 5.8.1.B to not provide sidewalk along Shelbyville Road be APPROVED. The motion carried by the following vote: Yes: 5- Brown, Ferguson, Peterson, Tomes, and Jarboe No: 1- Carlson Absent: 3- Smith, Gazaway, and Lewis Not Voting: 1- Howard Louisville Metro Government Page 3 Planning Commission Action Summary April 6, 2017 A motion was made by Commissioner Brown, seconded by Commissioner Tomes, that (1) the Revised Major Preliminary Subdivision Plan, (2) the Revised District Development Plan, (3) the Waiver to encroach upon the 15’ x 100’ parkway buffer, (4) the Waiver to allow encroachment into 75’ parkway setback, and (5) the Variance to provide a 20’ front yard setback be APPROVED, noting the removal of the binding elements from the Staff Report, and SUBJECT to the following conditions of approval: 1. The development shall be in accordance with the approved Residential Development Preliminary Plan. No further subdivision of the land into a greater number of lots than originally approved will occur without approval of the Planning Commission. 2. Before any permit (including but not limited to building, parking lot, change of use, site disturbance, alteration permit or demolition permit is requested: a. The development plan must receive full construction approval from Louisville Metro Department of Construction Review, Louisville Metro Public Works and the Metropolitan Sewer District. b. Encroachment permits must be obtained from Louisville Metro Public Works. c. The property owner/developer must obtain approval of a detailed plan for screening (buffering/landscaping) as described in Chapter 10 prior to requesting a building permit. Such plan shall be implemented prior to occupancy of the site and shall be maintained thereafter. d. A Tree Preservation Plan in accordance with Chapter 10 of the LDC shall be reviewed and approved prior to obtaining approval for site disturbance. 3. A certificate of occupancy must be received from the appropriate code enforcement department prior to occupancy of the structure or land for the proposed use. All binding elements requiring action and approval must be implemented prior to requesting issuance of the certificate of occupancy, unless specifically waived by the Planning Commission. 4. The applicant, developer, or property owner shall provide copies of these conditions of approval to tenants, purchasers, contractors, subcontractors and other parties engaged in development of this site and shall advise them of the content of these binding elements. These binding elements shall run with the land and the owner of the property and occupant of the property shall at all times be responsible for compliance with these binding elements. At all times during development of the site, the applicant and developer, their heirs, successors; and assignees, contractors, subcontractors, and other parties engaged in development of the site, shall be responsible for compliance with these binding elements. 5. Prior to the recording of the record plat, copies of the recorded documents listed below shall be filed with the Planning Commission. a) Articles of Incorporation filed with the Secretary of State and recorded in the office of the Clerk of Jefferson County and the Certificate of Incorporation of the Homeowners Association. Louisville Metro Government Page 4 Planning Commission Action Summary April 6, 2017 b) A deed of restriction in a form approved by Counsel to the Planning Commission addressing (responsibilities for the maintenance of common areas and open space, maintenance of noise barriers, maintenance of TCPAs etc.) and other issues required by these conditions of approval. c) Bylaws of the Homeowner’s Association in a form approved by the Counsel for the Planning Commission. 6. An original stamped copy of the approved Tree Preservation Plan shall be present on site during all clearing, grading, and construction activity and shall be made available to any DPDS inspector or enforcement officer upon request. 7. All street signs shall be installed by the Developer, and shall conform with the Manual on Uniform Traffic Control Devices (MUTCD) requirements. Street signs shall be installed prior to the recording of the subdivision record plat or occupancy of the first residence on the street, and shall be in place at the time of any required bond release. The address number shall be displayed on a structure prior to requesting a certificate of occupancy for that structure. 8. Open space lots shall not be further subdivided or developed for any other use and shall remain as open space in perpetuity. A note to this effect shall be placed on the record plat. 9. After release of the drainage bond, mosquito abatement on open space lots shall be the responsibility of the Homeowners Association. Accumulations of water in which mosquito larvae breed or have the potential to breed are required to be treated with a mosquito larvacide approved by the Louisville Metro Health Department. Larvacides shall be administered in accordance with the product’s labeling. This language shall appear in the deed of restrictions for the subdivision. 10. Tree Canopy Protection Areas (TCPAs) identified on this plan represent individual trees and/or portions of the site designated to meet the Tree Canopy requirements of Chapter 10 Part 1 of the Land Development Code and are to be permanently protected. All clearing, grading and fill activity in these areas must be in keeping with restrictions established at the time of plan approval. As trees within TCPAs are lost through natural causes, new trees shall be planted in order to maintain minimum tree canopy as specified on the approved development or preliminary subdivision plan. 11. At the time the developer turns control of the homeowners association over to the homeowners, the developer shall provide sufficient funds to ensure there is no less than $3,000 cash in the homeowners association account. The subdivision performance bond may be required by the planning Commission to fulfill this funding requirement. 12. Construction fencing shall be erected when off-site trees or tree canopy exists within 3’ of a common property line. Fencing shall be in place prior to any grading or construction to protect the existing root systems from compaction. The fencing shall enclose the entire area beneath the tree canopy and shall remain in place until all construction is completed. No parking, material storage or construction activities are permitted within the protected area. Louisville Metro Government Page 5 Planning Commission Action Summary April 6, 2017 13. When limits of disturbance are shown on the plan, a note shall be placed on the preliminary plan and construction plan that states, "Construction fencing shall be erected at the edge of the limits of disturbance area, prior to any grading or construction activities. The fencing shall remain in place until all construction is completed. No parking, material storage, or construction activities shall be permitted within the fenced area." The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Not Voting: 1- Howard 6. 16ZONE1053 Request: Change in zoning from R-5A to PRD, major preliminary subdivision plan, revised detailed district development plan, and building design waiver Project Name: 6635 Woods Mill Drive Location: The Woods of Farnsley Moorman Owner: Corcoran Home Building & Remodeling Applicant: Corcoran Home Building & Remodeling Representative: Land Design & Development; Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Joel Dock, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that the change in zoning from R-5A Multi-family Residential to PRD Planned Residential Development be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that (1) the Major Preliminary Subdivision Plan, (2) the Revised Detailed District Development Plan, and (3) the Waiver to exceed four contiguous attached units be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Louisville Metro Government Page 6 Planning Commission Action Summary April 6, 2017 7. 16ZONE1077 Request: Change in zoning from R-5A to R-6, revised general/major preliminary subdivision plan, revised detailed district development plan, and variances Project Name: Signature Point Location: 1111 Rose Hill Lane Owner: PBI Bank, Inc.; Signature Point Development, LLC Applicant: Elite Homes, Inc. Representative: Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Joel Dock, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the Change-in-Zoning from R-5A Multi-Family Residential to R-6 Multi-Family Residential be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that (1) the Revised General District Development/Major Preliminary Subdivision Plan, (2) the Revised Detailed District Development Plan, (3) the Variance to encroach into the required 15’ front and street side yards, and (4) the Variance to allow a fence in the street side/front yards to exceed 48” be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Closed Session 8. Planning Commission Discussion Closed Session to Discuss Pending Litigation as allowed by KRS 61.810 (1) (c). A motion was made by Commissioner Brown, seconded by Commissioner Carlson, to go into Closed Session. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 3- Smith, Gazaway, and Lewis Adjournment Louisville Metro Government Page 7