Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty Street Louisville, KY 40202 Action Summary Planning Commission Thursday, May 11, 2017 2:00 PM Old Jail Auditorium This is a special meeting of the Louisville Metro Planning Commission. Call To Order Present: 8- Commissioner Jeff Brown, Commissioner Lula Howard, Commissioner Richard Carlson, Commissioner Laura Ferguson, Commissioner Robert Peterson, Commissioner David Tomes, Vice Chair Marilyn Lewis, and Chair Person Vince Jarboe Absent: 1- Commissioner Emma Smith Approval Of Minutes 1. 04.20.2017 Minutes A motion was made by Commissioner Howard, seconded by Commissioner Brown, that the minutes from the April 20, 2017 Planning Commission meeting be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, and Jarboe Absent: 1- Smith Abstain: 1- Lewis Business Session 2. BOZA Appointment 05.11.2017 Appointment of Dwight D. Young to the Board of Zoning Adjustment A motion was made by Commissioner Howard, seconded by Commissioner Tomes, that the appointment of Dwight D. Young to the Board of Zoning Adjustment be APPROVED. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lewis, and Jarboe Absent: 1- Smith Public Hearing Louisville Metro Government Page 1 Planning Commission Action Summary May 11, 2017 3. 17DEVPLAN1010 Request: Appeal of the Denial of a Landscape Waiver Project Name: Thornton’s Gas Station Location: 4170 Taylor Blvd Owner: Jode Ballard, Thornton’s Inc Applicant: Eric Tracy, Kimley-Horn & Associates Representative: Eric Tracy, Kimley-Horn & Associates Jurisdiction: Louisville Metro Council District: 15 - Marianne Butler Case Manager: Laura Mattingly, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Tomes, that the appeal of a denial of the landscape waiver be APPROVED on condition that the applicant provide the 18 inch screen of continuous vegetation and that they will work with Staff for final landscape approval. The motion carried by the following vote: Yes: 6- Brown, Ferguson, Peterson, Tomes, Lewis, and Jarboe No: 2- Howard, and Carlson Absent: 1- Smith 4. 16ZONE1081 Request: Change in Zoning from R-4 to R-7 and Detailed District Development Plan Project Name: Six Mile Lane Apartments Location: 6710 Six Mile Lane Owner: J.G. Homer Burgin Applicant: EMM3, LLC Representative: Bardenwerper, Talbott & Roberts, PLLC Jurisdiction: Louisville Metro Council District: 26- Brent Ackerson Case Manager: Laura Mattingly, Planner II A motion was made by Commissioner Brown, seconded by Vice Chair Lewis, that the change in zoning from R-4 to R-7 be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lewis, and Jarboe Absent: 1- Smith A motion was made by Commissioner Brown, seconded by Vice Chair Lewis, that the detailed district development plan be APPROVED. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lewis, and Jarboe Absent: 1- Smith Louisville Metro Government Page 2 Planning Commission Action Summary May 11, 2017 5. 16ZONE1016 Request: Change in zoning from R-4 to C-1 with a Variance and Waivers on approximately 1.27 acres Project Name: Curtis Center Location: 4500 and 4506 Bardstown Road Owner: Michael and Rebecca Curtis Applicant: Michael and Rebecca Curtis Representative: Milestone Design Group; Dinsmore & Shohl LLP Jurisdiction: Louisville Metro Council District: 2- Barbara Shanklin Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Commissioner Carlson, seconded by Commissioner Tomes, that the change in zoning from R-4 to C-1 be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lewis, and Jarboe Absent: 1- Smith A motion was made by Commissioner Carlson, seconded by Commissioner Tomes, that (1) the variance to permit an approximate 10.4’ encroachment into the 30’ setback as shown on the development plan, (2) the waiver to permit the proposed building to encroach into the 25’ LBA as shown on the development plan, and (3) the detailed district development plan be APPROVED. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lewis, and Jarboe Absent: 1- Smith 6. 16ZONE1082 Request: Change in zoning from R-4 to R-6 on approx. 8.32 acres Project Name: Ormsby Lane Senior Housing Location: 911-913 Ormsby Lane Owner: Henry and Tami Goodbub Applicant: Clover Construction Management West Representative: McBride Dale Clarion; Blomquist Design Group Jurisdiction: City of Lyndon Council District: 18-Marilyn Parker Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that the change in zoning from R-4 to R-6 be RECOMMENDED to the City of Lyndon for APPROVAL The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Peterson, Tomes, Lewis, and Jarboe Absent: 2- Smith, and Ferguson Louisville Metro Government Page 3 Planning Commission Action Summary May 11, 2017 A motion was made by Commissioner Brown, seconded by Commissioner Howard, that (1) a RECOMMENDATION be made to the City of Lyndon to consider a pedestrian connection as an alternate for connectivity to Persimmon Way and (2) that the district development plan be APPROVED. Yes: 7- Brown, Howard, Carlson, Peterson, Tomes, Lewis, and Jarboe Absent: 2- Smith, and Ferguson 7. 16ZONE1090 Request: Change in zoning from R-4 to PEC on approximately 14.93 acres Project Name: Blankenbaker Land Aquisition Location: Tucker Station Road TB 3672 LOT 1 (Southeast and approximately 1,000 feet from the intersection of Tucker Station Road and Lakefront Place, rear of lot only) Owner: LRH Family, LLC. Applicant: Hollenbach Oakley LLC Representative: Mindel Scott and Associates; Bardenwerper Talbott and Roberts PLLC. Jurisdiction: Louisville Metro Council District: 20-Stuart Benson Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Commissioner Brown, seconded by Vice Chair Lewis, that the change in zoning from R-4 to PEC be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Peterson, Tomes, Lewis, and Jarboe Absent: 2- Smith, and Ferguson A motion was made by Commissioner Brown, seconded by Vice Chair Lewis, that the district development plan be APPROVED. The motion carried by the following vote: Yes: 7- Brown, Howard, Carlson, Peterson, Tomes, Lewis, and Jarboe Absent: 2- Smith, and Ferguson Louisville Metro Government Page 4 Planning Commission Action Summary May 11, 2017 8. 16SUBDIV1017 Request: Major preliminary subdivision plan, variance, and waivers Project Name: Fincastle Farms Location: 7607 Wolf Pen Branch Road Owner: BIT Debt Holdings, LLC Applicant: Fincastle Farms Development 1, LLC Representative: Dinsmore & Shohl, LLP - Clifford Ashburner Jurisdiction: Louisville Metro Council District: 16- Scott Reed Case Manager: Joel Dock, Planner II NOTE: Commissioner Tomes recused himself from this case. A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that (1) the major preliminary subdivision plan, (2) the waiver to not provide sidewalk along Wolf Pen Branch Road, (3) the waiver to allow a private road to provide primary access to single-family detached residential lots created by a major subdivision, and (4) the waiver to allow the residential block to exceed 1,600 feet in length and be 2,256 feet in length be APPROVED on condition that a turn-around is provided near Lot 8 with the dimensions and geometry to be reviewed and approved by the fire department, 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 for any work within the right-of-way. 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. 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 5 Planning Commission Action Summary May 11, 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. 4. 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. 5. All street signs shall be installed by the Developer, and shall conform to 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. 6. 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. 7. 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. 8. 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. 9. 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." 10. A geotechnical report in accordance with Land Development Code, section 4.9.5 shall be submitted to Planning Commission staff for review and incorporation into the record of this case prior to the recording of the record subdivision plat. Recommendations of the geotechnical report should be incorporated into all land disturbance activities that take place on site. Louisville Metro Government Page 6 Planning Commission Action Summary May 11, 2017 11. The home on Lot 1 will not have a garage door that faces Wolf Pen Branch Road. 12. The entrance to the property will be marked with two stone columns, 4.5' in height and 3' square, a 4 board horse fence and trees and landscaping. 13. There will be no sidewalks within the development or on Wolf Pen Branch Road. 14. The street lights within the development will be dark sky compliant. 15. The developer shall modify the internal roadway to include a turn-around along the frontage of Lot 8 as approved by the fire department. 16. Lots 3 through 7 will have a minimum 50' rear yard. The motion carried by the following vote: Yes: 6- Brown, Howard, Carlson, Peterson, Lewis, and Jarboe Absent: 2- Smith, and Ferguson Not Voting: 1- Tomes A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that the variance to reduce the required 75 foot front setback to variable dimensions as shown on the subdivision plan be APPROVED. The motion carried by the following vote: Yes: 4- Brown, Peterson, Lewis, and Jarboe No: 2- Howard, and Carlson Absent: 2- Smith, and Ferguson Not Voting: 1- Tomes Adjournment Louisville Metro Government Page 7