Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty Street Louisville, KY 40202 Action Summary Planning Commission Thursday, January 24, 2019 1:00 PM Old Jail Auditorum Approval Of Minutes Present: 9- Commissioner Donald Robinson, Commissioner David Tomes, Commissioner Robert Peterson, Commissioner Ruth Daniels, Commissioner Emma Smith, Commissioner Jeff Brown, Commissioner Lula Howard, Commissioner Richard Carlson, and Commissioner Vince Jarboe Absent: 1- Commissioner Marilyn Lewis 1. 011019_PC_Mins A motion was made by Commissioner Carlson, seconded by Commissioner Tomes that the January 10, 2019 Planning Commission minutes be approved with one correction to add Ruth Daniels as being present for the meeting. The vote was as follows: Yes: Commissioners Brown, Carlson, Daniels, Howard, Peterson, Smith, Tomes and Jarboe Abstain: Commissioner Robinson Absent: Commissioner Lewis Business Session 2. 18ZONE1049 Request: For the Planning Commission to consider a night hearing Project Name: Logistics Airpark Location: 5530-5540 Minor Lane Owner: Land Holdings, LLC Applicant: Nicklies Development Representative: Nicklies Development Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Joel Dock, AICP, Planner II A motion by Commissioner Howard, seconded by Commissioner Carlson that Case No. 18ZONE1049 be continued to the February 7, 2019 Planning Commission meeting. The vote was as follows: Yes: Commissioners Brown, Carlson, Daniels, Howard, Peterson, Robinson, Smith, Tomes and Jarboe Absent: Commissioner Lewis Louisville Metro Government Page 1 Planning Commission Action Summary January 24, 2019 3. LDC_Chapter6_App_Rev Request: Revisions to Appendices 6A Access Management Design Standards and 6C Jefferson County Addressing Manual Project Name: Chapter 6 Appendices Revisions Location: Louisville Metro Applicant: Louisville Metro Planning and Design Services Jurisdiction: Louisville Metro Council District: All Districts Case Manager: Chris French, AICP, Planning and Design Supervisor A motion was made by Commissioner Howard, seconded by Commissioner Carlson that the revisions to appendices 6A Access Management Design be approved. The vote was as follows: Yes: Commissioners Brown, Carlson, Daniels, Howard, Peterson, Robinson, Smith, Tomes and Jarboe Absent: Commissioner Lewis 4. 1576 Cherokee Rd Rezoning App A motion was made by Commissioner Howard, seconded by Commissioner Smith that the 1576 Cherokee Rd. rezonining case be allowed to file another application (was denied) before the 2-year rule because the applicant will make significant changes to the plan as well as being reviewed under the new 2040 plan instead of the 2020 plan. The motion carried by the following vote: Yes: Commissioners Brown, Carlson, Daniels, Howard, Peterson, Robinson, Smith, Tomes and Jarboe Absent: Commissioner Lewis Public Hearing 5. 18DEVPLAN1194 Request: Revised District Development Plan with Amendments to Binding Elements Project Name: Marathon Oil Warehouse Location: 3920 Kramers Ln Owner: Marathon Oil Company Applicant: Morton Buildings, Inc. Representative: Morton Buildings, Inc. Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Jay Luckett, AICP, Planner I A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the Revised District Development Plan with amendments to binding elements be approved. The motion carried by the following vote: Yes: 8- Robinson, Tomes, Peterson, Smith, Brown, Howard, Carlson, and Jarboe Louisville Metro Government Page 2 Planning Commission Action Summary January 24, 2019 Absent: 1- Lewis Abstain: 1- Daniels 6. 18STREETS1026 Request: Closure of public right-of-way Project Name: Turkey Run Pkwy Closure Location: Section of Turkey Run Pkwy Owner: Louisville Metro Applicant: 21st Century Parks Representative: QK4 Jurisdiction: Louisville Metro Council District: 20 - Stuart Benson Case Manager: Jay Luckett, AICP, Planner I A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the closure of public right-of-way on Turkey Run Parkway be approved. The motion carried by the following vote: Yes: 9- Robinson, Tomes, Peterson, Daniels, Smith, Brown, Howard, Carlson, and Jarboe Absent: 1- Lewis 7. 18DEVPLAN1026 Request: Revised detailed district development plan with landscape waivers and alternative method for tree canopy compliance Project Name: Kameri Auto Sales Location: 8500 National Turnpike Owner: Sami Kameri Applicant: Sami Kameri Representative: Milestone Design Group Jurisdiction: Louisville Metro Council District: 13 - Mark Fox Case Manager: Joel Dock, AICP, Planner II A motion was made, seconded by Commissioner Smith, that Case No. 18DEVPLAN1026 be continued to a date uncertain. The motion carried by the following vote: Yes: 9- Robinson, Tomes, Peterson, Daniels, Smith, Brown, Howard, Carlson, and Jarboe Absent: 1- Lewis Louisville Metro Government Page 3 Planning Commission Action Summary January 24, 2019 8. 17ZONE1068 Request: Change in zoning from C-1 to C-2 with detailed district development plan Project Name: 2300 Hikes Lane Location: 2220-2300 Hikes Lane Owner: Crystal Clean Carwash Applicant: Kheder Kutmah Representative: Kheder Kutmah Jurisdiction: Louisville Metro Council District: 10 - Pat Mulvihill Case Manager: Joel Dock, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the change in zoning from C-1 to C-2 be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 9- Robinson, Tomes, Peterson, Daniels, Smith, Brown, Howard, Carlson, and Jarboe Absent: 1- Lewis A motion was made by Commissioner Brown, seconded by Commissioner Carlson, that the Detailed District Development Plan be approved. The motion carried by the following vote: Yes: 9- Robinson, Tomes, Peterson, Daniels, Smith, Brown, Howard, Carlson, and Jarboe Absent: 1- Lewis Louisville Metro Government Page 4 Planning Commission Action Summary January 24, 2019 9. 18AMEND1002 Request: *Hearing of this case will start no earlier than 3:00 p.m. Amendments to the Land Development Code Related to Short Term Rentals Project Name: Short Term Rental Ordinance Amendments Location: Louisville Metro Applicant: Louisville Metro Jurisdiction: Louisville Metro Council District: All Council Districts Case Manager: Joseph Haberman, AICP, Planning Manager A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the Planning Commission recommend that Metro Council approve amendments presented in the 12/6/18 staff report (with changes) to the Louisville Code of Ordinances with the following changes: Include Commissioner Howard's suggestion to increase the annual registration fee from $25 to $100 and to add a requirement to display a copy of the registration in a location near the entry to the short term rental that is visible from the exterior of the buildin (section 115.520); include Commissioner Carlson's suggestion to add requirements that a short term rental has at least one functional carbon monoxide detector and every sleeping room has at least one operable emergency and rescue opening, the current name and telephone number of the host and emergency contact be mailed to each first tier adjacent property owner. Any changes of the host or emergency contact shall be be re-noticed within 10 days and that a short term rental that is not the primary residence of the host that the host shall have the dwelling unit inspected by a fire prevention inspector or a home inspector licensed in Kentucky to determine if there are visible fire or life safety issues that need to be addressed prior to occupancy by guests (section 115.520); and related to occupancy requirements, omit the changes to section 115.520(C) as presented in the 12/6/18 staff report and delete the existing provision from the Louisville Metro Code of Ordinances all together. The motion carried by the following vote: Yes: 6- Robinson, Daniels, Smith, Brown, Carlson, and Jarboe Absent: 3- Tomes, Peterson, and Lewis Abstain: 1- Howard A motion was made by Commissioner Brown, seconded by Commissioner Robinson, the Commission decided not to recommend Option 1 or 2 as presented in the 12/6/18 staff report and recommended that Metro Council and the cities with zoning authority not amend their Land Development Codes by disallowing short term rentals that are not the primary residences of the hosts in any of the zoning districts in which they are currently permitted in the Louisville Metro version of the Land Development Code (section 4.2.63 and 4.3.23) be approved. The motion carried by the following vote: Yes: 7- Robinson, Daniels, Smith, Brown, Howard, Carlson, and Jarboe Absent: 3- Tomes, Peterson, and Lewis Louisville Metro Government Page 5 Planning Commission Action Summary January 24, 2019 A motion was made by Commissioner Brown, seconded by Commissioner Robinson, that the Commission recommend that Metro Council and the cities with zoning authority approve specific amendments to the Land Development Code. The motion was based on the amendments as presented in the 12/6/18 staff report with the following changes: Include Commissioner Carlson's suggestion to clarify what constitutes a civil complaint that can be used to revoke a conditional use permit or registration (sections 4.2.63 and 4.3.23); include Commissioner Howard's suggestions to add a requirement that the host shall registr the short term rental within 60 days of the issuance of the conditional user permit or the permit shall become null and void (section 4.2.63), add a requirement that an active registration for the short term rental shall be maintained (4.2.63), add a process for a case in which the primary residency of the host is in question for the Planning Director to request that the Board of Zoning Adjustment review the registration at a public meeting (4.3.23), and provide the Planning Director with the authority to deny a short term rental registration to any host who has had a registration revoked within one year of application for the new registration (4.3.23); and related to occupancy requirements, disregard part of the changes to Sections 4.2.63.C and 4.3.23.C by omitting the addition of "with total occupancy not to exceed 10 persons in a dwelling unit regardless of the number of bedrooms". The motion carried by the following vote and the Ordinance was sent to the Consent Calendar: Yes: 6- Robinson, Daniels, Smith, Brown, Carlson, and Jarboe Absent: 3- Tomes, Peterson, and Lewis Abstain: 1- Howard 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