Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty Street Louisville, KY 40202 Action Summary Planning Commission Thursday, June 29, 2017 1:00 PM Old Jail Auditorium PLEASE NOTE: Case 17DEVPLAN1053 will be heard no sooner than 3:00 p.m. Call To Order Present: 6- Commissioner Jeff Brown, Commissioner Richard Carlson, Commissioner Laura Ferguson, Commissioner David Tomes, Commissioner Ramona Lindsey, and Vice Chair Marilyn Lewis Absent: 4- Commissioner Lula Howard, Commissioner Emma Smith, Commissioner Robert Peterson, and Chair Person Vince Jarboe Approval Of Minutes 1. 06.15.2017 PC Minutes A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that the minutes from the June 15, 2017 Planning Commission meeting be APPROVED. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Consent Agenda 2. 17STREETS1001 Request: Close a portion of Bates Ave ROW Project Name: Bates Ave Closure Location: North Side of Bates Ave at intersection with Jefferson Boulevard. Owner: Public ROW (Louisville Metro) Applicant: HRM Louisville, LLC. Representative: Richard Matheny, Cardinal Surveying Jurisdiction: Louisville Metro Council District: 24- Madonna Flood Case Manager: Jay Luckett, Planner I A motion was made by Commissioner Tomes, seconded by Commissioner Brown, that 17STREETS1001 be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6 - Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4 - Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 1 Planning Commission Action Summary June 29, 2017 3. 17STREETS1009 Request: Street name change from Foxy Lane to Dove Point Place Project Name: Foxy Lane Location: Foxy Ln at intersection with Dove Park Boulevard Owner: Public ROW (Louisville Metro) Applicant: Dove Point Estates, LLC Representative: Kelli Jones, Sabak, Wilson and Lingo Jurisdiction: Louisville Metro Council District: 20- Stuart Benson Case Manager: Jay Luckett, Planner I A motion was made by Commissioner Tomes, seconded by Commissioner Lindsey, that 17STREETS1009 be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6 - Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4 - Howard, Smith, Peterson, and Jarboe Business Session 4. 9-13816-10 Deferred from the June 15, 2017 Planning Commission meeting: Final Order: Docket No. 9-13816-10, Cedar Creek Road - Paul Whitty A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the Planning Commission assess the property owner a $4,000 fine, due immediately, and that the property owner be directed to bring the property into compliance with the binding elements within 30 days. The motion carried by the following vote: Yes: 5- Brown, Carlson, Ferguson, Tomes, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Abstain: 1- Lindsey Public Hearing 5. 17NEIGHPLAN1000 Project Name: Parkland Neighborhood Plan Applicant: Louisville Metro Advanced Planning Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Ken Baker, AICP A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the Parkland Neighborhood Plan be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 2 Planning Commission Action Summary June 29, 2017 6. 17NEIGHPLAN1001 Project Name: Parkland Neighborhood Plan Applicant: Louisville Metro Advanced Planning Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Ken Baker, AICP A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the Executive Summary of the plan and amendment to Cornerstone 2020 be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe 7. 17AMEND1000 Request: Amend LDC Sec. 4.1.3, Lighting, to include additional form districts and height measurement methodology Project Name: Form District Lighting LDC Text 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 Supervisor A motion was made by Commissioner Carlson, seconded by Commissioner Lindsey, that the amendment to LDC Sec. 4.1.3, Lighting, to include additional form districts and height measurement methodology, including the graphic shown in today's presentation by Staff, be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 3 Planning Commission Action Summary June 29, 2017 8. 17ZONE1023 Request: Amendment to Tyler Town Center PDD related to maximum lighting heights Project Name: Tyler Town Center PDD Lighting Text 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 Supervisor A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that the amendment to Tyler Town Center PDD related to maximum lighting heights be RECOMMENDED to Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe 9. 17AMEND1001 Request: Amend the LDC related to private institutional uses in single-family zoning districts Project Name: Private Institutional Uses in Single-Family Zoning Districts LDC Text Amendment Location: Multiple properties in Louisville Metro Owner: Multiple Owners Applicant: Louisville Metro Representative: Louisville Metro Jurisdiction: Louisville Metro Council District: 8 - Brandon Coan Case Manager: Brian Mabry, AICP, Planning Supervisor A motion was made by Commissioner Brown, seconded by Commissioner Tomes, that the amendment to the LDC (with revisions) related to private institutional uses in single-family zoning districts be RECOMMENDED to the Metro Council for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 4 Planning Commission Action Summary June 29, 2017 10. 17ZONE1002 Request: Change-in-zoning from R-5 to C-1 & detailed district development plan Project Name: Juneau Drive Location: 111 Juneau Drive Owner: Real Properties KKT, LLC Applicant: Real Properties KKT, LLC - Kenneth Towery Representative: Land Design and Development; Dinsmore & Shohl, LLP Jurisdiction: City of Middletown Council District: 19 - Julie Denton Case Manager: Joel Dock, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Tomes, that the change in zoning from R-5 to C-1 be RECOMMENDED to the City of Middletown for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that the detailed district development plan be APPROVED. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe 11. 17STREETS1008 Request: Street Name Change from Davenport Drive to Davenport Place Project Name: Davenport Drive Location: North/South Davenport Drive from Glen Lakes Drive to its current terminus north of Vista Lake Court Owner: Louisville Metro Applicant: Jim Obert, IH of KY, Inc Representative: Sabak, Wilson & Lingo, Inc Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Laura L. Mattingly, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that case number 17STREETS1008 be CONTINUED to the August 3, 2017 Planning Commission meeting. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 5 Planning Commission Action Summary June 29, 2017 12. 17SUBDIV1009 Request: Revised Preliminary Subdivision Plan Project Name: Glen Lakes Section 4 Location: 408 Flat Rock Road Owner: IH of KY, Inc Applicant: Jim Obert, IH of KY, Inc Representative: Sabak, Wilson & Lingo, Inc Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Laura L. Mattingly, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Ferguson, that case number 17SUBDIV1009 be CONTINUED to the August 3, 2017 Planning Commission meeting. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe 13. 17ZONE1011 Request: Change in zoning from R-4 to R-6, a Preliminary Subdivision Plan, and Variance on approx. 11.81 acres Project Name: Storypoint Location: 12923 & 13309 Urton Lane Owner: Ochsner Family LLC Applicant: CSIG Development Company LLC Representative: Milestone Design Group; Dinsmore & Shohl Jurisdiction: City of Middletown Council District: 19 - Julie Denton Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that (1) the change in zoning from R-4 to R-6 and (2) the district development plan be RECOMMENDED to the City of Middletown for APPROVAL. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that (1) the variance to permit a building height of 51’ instead of the required 35’ (16’ Variance) and (2) the preliminary subdivision plan be APPROVED. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Louisville Metro Government Page 6 Planning Commission Action Summary June 29, 2017 14. 17STREETS1006 Request: Partial Street Closure of North and South Church Way and a 20’ public passway Project Name: St. Matthews Mixed Use Re-Development Location: 4156, 4158, & 4170 Shelbyville Road & 4303 &4315 S Church Way Owner: David Peterson Group LLC; 4170 Shelbyville Road LLC Applicant: Investment Properties Advisors LLC Representative: Sabak, Wilson, and Lingo Inc.; Wyatt Tarrant & Combs LLP Jurisdiction: City of St. Matthews Council District: 9-Bill Hollander Case Manager: Julia Williams, RLA, AICP, Planning Supervisor NOTE: Commissioner Ferguson recused herself from this case. A motion was made by Commissioner Brown, seconded by Commissioner Tomes, that a partial street closure of North and South Church Way and a 20’ public passway be RECOMMENDED to the City of St. Matthews for APPROVAL. The motion carried by the following vote: Yes: 4- Brown, Carlson, Tomes, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Abstain: 1- Lindsey Not Voting: 1- Ferguson 15. 17DEVPLAN1053 Request: Revised District Development Plan Project Name: St. Matthews Mixed Use Re-Development Location: 4156, 4158, & 4170 Shelbyville Road & 4303 &4315 S Church Way Owner: David Peterson Group LLC; 4170 Shelbyville Road LLC Applicant: Investment Properties Advisors LLC Representative: Sabak, Wilson, and Lingo Inc.; Wyatt Tarrant & Combs LLP Jurisdiction: City of St. Matthews Council District: 9-Bill Hollander Case Manager: Julia Williams, RLA, AICP, Planning Supervisor NOTE: Commissioner Ferguson recused herself from this case. A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the revised district development plan be RECOMMENDED to the City of St. Matthews for APPROVAL. The motion carried by the following vote: Yes: 4- Brown, Carlson, Tomes, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Abstain: 1- Lindsey Louisville Metro Government Page 7 Planning Commission Action Summary June 29, 2017 Not Voting: 1- Ferguson Closed Session 16. Planning Commission Discussion Closed session pursuant to KRS 61.810 to discuss pending litigation against the Commission. A motion was made by Commissioner Carlson, seconded by Commissioner Tomes, to go into Closed Session pursuant to KRS 61.810 to discuss pending litigation against the Commission. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Chair Lewis stated the Commission has returned to Open Session and there were no final decisions made during Closed Session. A motion was made by Commissioner Carlson, seconded by Commissioner Lindsey, that the Planning Commission will consider the revised settlement plan under the old regulations to settle pending litigation in 14SUBDIV1009. The motion carried by the following vote: Yes: 6- Brown, Carlson, Ferguson, Tomes, Lindsey, and Lewis Absent: 4- Howard, Smith, Peterson, and Jarboe Adjournment Louisville Metro Government Page 8