Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty St. Louisville, KY 40202 Action Summary Planning Commission Thursday, November 2, 2017 1:00 PM Old Jail Auditorium Call To Order Present: 9- Commissioner Jeff Brown, Commissioner Lula Howard, Commissioner Richard Carlson, Commissioner Laura Ferguson, Commissioner Robert Peterson, Commissioner David Tomes, Commissioner Ramona Lindsey, Vice Chair Marilyn Lewis, and Chair Person Vince Jarboe Absent: 1- Commissioner Emma Smith Approval Of Minutes 1. 101917_PC_Mins A motion was made by Commissioner Howard, seconded by Commissioner Carlson, that the October 19, 2017 Planning Commission minutes be approved. The motion carried by the following vote: Yes: 8- Brown, Howard, Carlson, Ferguson, Peterson, Lindsey, Lewis, and Jarboe Absent: 1- Smith Abstain: 1- Tomes Consent Agenda 2. EPSC Training Ms. Liu discussed the EPSC Training - No vote. 3. 17STREETS1015 Request: Street/Alley Closure of 12’ alley Project Name: franklin sTREET Location: 729 Franklin Street Owner: Louisville Metro Applicant: Vendome Copper & Brass Works Representative: Stites & Harbison, PLLC; Sabak, Wilson, & Lingo Inc Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Joel Dock, Planner II A motion was made by Commissioner Tomes, seconded by Commissioner Howard that the street/alley closure of a 12 foot alley be closed. The motion carried unanimously. Louisville Metro Government Page 1 Planning Commission Action Summary November 2, 2017 Business Session 4. November 30 Meeting Mr. Davis informed the commissioners that the LD&T will be meeting on November 30, 217. No vote. 5. 16zone1037 Schedule Night Hrg. Request: Schedule Night Hearing Project Name: Fairground’s Run Location: 9213 Fairground Road Owner: Brian and Heather Wacker Applicant: Superior Builders Inc. Representative: Bluestone Engineers PLLC Jurisdiction: Louisville Metro Council District: 22- Robin Engel Case Manager: Julia Williams, RLA, AICP, Planning Supervisor A motion was made by Commissioner Howard, seconded by Commissioner Tomes, that this Planning Case be scheduled for a night public hearing on November 29, 2017, Central Government Center at 6:00 p.m. The motion carried unanimously. Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith Public Hearing 6. 17ZONE1019 Request: Change in Zoning from R-4, Single Family, to C-M, Commercial/Manufacturing & Change in Form District from Neighborhood to Suburban Marketplace Corridor Project Name: Orell Warehouse Location: 6605 West Orell Road Owner: CAT PB, LLC Applicant: CAT PB, LLC Representative: Clifford H. Ashburner, Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Lindsey, that this Planning Case, a change in zoning from R-4 Single Family Residential to C-M Commercial Manufacturing be recommended, to Metro Council, for approval. The motion carried unanimously. Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Louisville Metro Government Page 2 Planning Commission Action Summary November 2, 2017 Absent: 1- Smith A motion was made by Commissioner Brown, seconded by Commissioner Lindsey, that this Planning Case, a change in Form District from Neighborhood to Suburban Marketplace Corridor be recommended to Metro Council, for approval. The motion carried unanimously. Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith A motion was made by Commissioner Brown, seconded by Commissioner Lindsey, that this General Development Plan, with the proposed binding elements on page 17 of the staff report with revisions to binding element 7 as follows: The applicant shall submit a Detailed District Development Plan to be approved by the Planning Commission prior to construction plan approval that addresses the following: building design use, access to W. Orell Rd. specifically pertaining to truck traffic, landscaping adjacent to the single family residences to the south and landscaping along the private access easement and the 6 foot berm. Notification of the meeting shall include anyone who spoke at the Planning Commission public hearing for Case No. 17ZONE1019, be approved. The motion carried unanimously. Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith 7. 17SUBDIV1011 Request: Conservation Subdivision for 323 Buildable lots on approximately 115 Acres - RESCHEDULED TO 11-16 Project Name: Johnson Road Conservation Subdivision Location: 1313 Johnson Rd Owner: Louisville Metro Applicant: Inverness Homes Representative: Kathy Linares - Mindel Scott & Associates Jurisdiction: Louisville Metro Council District: 19 - Julie Denton Case Manager: Jay Luckett, Planner I A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that this Planning Case be continued/rescheduled for the November 16, 2017 Planning Commission meeting. The motion carried unanimously. Yes: 8- Brown, Howard, Carlson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 2- Smith, and Ferguson Louisville Metro Government Page 3 Planning Commission Action Summary November 2, 2017 8. 17ZONE1036 Request: Change in Zoning from OR-1, Office/Residential & R-7, Multi-Family Residential to C-1, Commercial Project Name: Iroquois Pharmacy Location: 5024 & 5026 S. 3rd Street, 307 Kingston Ave. Owner: Tran Tuyen, Xinh Properties LLC, Hieu Do & Phuong Lam Applicant: Iroquois Pharmacy, Vy Truong Representative: Vy Truong Jurisdiction: Louisville Metro Council District: 21 - Dan Johnson Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Howard, that this Planning Case, a change in zoning from OR-1 and R-7 to C-1 be recommended to Metro Council for approval. The motion carried unanimously. Yes: 8- Brown, Howard, Carlson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 2- Smith, and Ferguson A motion was made by Commissioner Brown, seconded by Commissioner Howard, that this Planning Case, a Detailed District Development Plan with proposed binding elements, be approved. The motion carried unanimously. Yes: 8- Brown, Howard, Carlson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 2- Smith, and Ferguson 9. 17ZONE1028 Request: Change in Zoning from R-4, Single Family, to C-1, Commercial Project Name: City Lights Prom/Terry’s Bridal Location: 8107 Blue Lick Road Owner: Steve & Terry Barker Applicant: Terry Barker Representative: Terry Barker Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that this Planning Case, a change in zoning from R-4 Single Family Residential to C-1 Commercial 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 Abstain: 1- Lindsey Louisville Metro Government Page 4 Planning Commission Action Summary November 2, 2017 A motion was made by Commissioner Brown, seconded by Commissioner Peterson, that this Planning Case, a waiver of section 10.2.4 to allow existing building to encroach into the requied 25 foot property perimeter landscape buffer area along the western property line and a waiver of section 10.2.10 to not provide the 5 foot vehicular use area landscape buffer area along the eastern property line, be approved. The motion carried by the following vote: Yes: 6- Brown, Howard, Carlson, Peterson, Lewis, and Jarboe Absent: 2- Smith, and Ferguson Abstain: 2- Tomes, and Lindsey A motion was made by Commissioner Brown, seconded by Commissioner Tomes, that this Planning Case, a Detailed District Development Plan, proposed binding elements and added conditions as follows: Label the meets and bounds; driveway width shall not exceed 24 feet within the right-of-way; modify binding element 6 to include; The applicant shall pave and mark all parking areas defined on the plan and remove the driveway shown to be removed prior to issuance of a Certificate of Occupancy, be approved. The motion carried by the following vote: Yes: 5- Brown, Carlson, Peterson, Lewis, and Jarboe No: 1- Howard Absent: 2- Smith, and Ferguson Abstain: 2- Tomes, and Lindsey 10. 17ZONE1022 Request: Change in Zoning from R-4, Single Family and C-2, Commerical to C-M, Commercial/Manufacturing and Change in Form from Neighborhood to Suburban Marketplace Corridor Project Name: Orell Mini-Warehouse Location: 11905 Dixie Hwy. Owner: 11905 Dixie LLC Applicant: 11905 Dixie LLC Representative: Clifford H. Ashburner, Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 14 - Cindi Fowler Case Manager: Laura Mattingly, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Ferguson, that this Planning Case, a change in zoning from C-2 Commercial and R-4 Single Family Residential to C-M Commercial Manufacturing be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith Louisville Metro Government Page 5 Planning Commission Action Summary November 2, 2017 A motion was made by Commissioner Brown, seconded by Commissioner Ferguson, that this Planning Case, a change in form district from Neighborhood and Suburban Marketplace Corridor to Suburban Marketplace Corridor be recommended to Metro Council for approval. The motion carried by the following vote: Absent: 10 - Brown, Howard, Smith, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe A motion was made by Commissioner Brown, seconded by Commissioner Ferguson, that this Planning Case, a variance from table 5.3.2 section 5.3.1 to allow a 0 foot setback along the northern prperty line, a waiver of 5.8.1.B to not provide a sidewalk along the eastern road frontage, a waiver of 10.2.4 to not provide the 35 foot landscape buffer area along the north/northeast property line, a waiver of 10.2.10 to not provide the vehicular use area landscape buffer area along the east property line, and a waiver of 5.9.2 to not provide a crossover access to adjacent commercial property, be approved. The motion carried by the following vote: Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith A motion was made by Commissioner Brown, seconded by Commissioner Ferguson, that this Planning Case, a Detailed District Development Plan with proposed binding elements with the addition of binding element 10 to read as follows: The subject property shall only be used for those uses allowed in the C-M zoning district that are otherwise allowed in the C-2 zoning district and for "Warehouse, storage" but for no other use permitted in the M-1 zoning district. Any amendment to this binding element shall require approval from the Louisville Metro Planning Commission and from the Louisville Metro Council. Also add a condition that the sidewalk along E. Orell Rd. are extended to the Orell Rd. intersection, be approved. The motion carried by the following vote: Yes: 9- Brown, Howard, Carlson, Ferguson, Peterson, Tomes, Lindsey, Lewis, and Jarboe Absent: 1- Smith Standing Committee Reports CHAIRMAN OR COMMISSION DIRECTOR’S REPORT LAND DEVELOPMENT AND TRANSPORTATION COMMITTEE DEVELOPMENT REVIEW COMMITTEE PLANNING COMMITTEE POLICY AND PROCEDURES COMMITTEE SITE INSPECTION COMMITTEE Adjournment Louisville Metro Government Page 6