Planning Commission

Old Jail Auditorium Louisville Metro Government 514 W. Liberty Street Louisville, KY 40202 Action Summary Planning Commission Thursday, October 31, 2019 1:00 PM Old Jail Auditorum Call To Order Rollcall Present: 8- Commissioner David Tomes, Commissioner Lula Howard, Commissioner Robert Peterson, Commissioner Jeff Brown, Commissioner Ruth Daniels, Commissioner Richard Carlson, Commissioner Jim Mims, and Commissioner Vince Jarboe Absent: 1- Commissioner Marilyn Lewis 1. Special Recognition-Ken Baker Approval Of Minutes 2. Correction 8/29/19 PC Mins. A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that the corrected August 29, 2019 PC minutes, along with additional corrections, be approved. The motion carried by the following vote: Yes: 6- Tomes, Howard, Brown, Daniels, Carlson, and Jarboe Absent: 1- Lewis Abstain: 2- Peterson, and Mims 3. PC_Mins_101719 A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the October 17, 2019 PC minutes be approved. The motion carried by the following vote: Yes: 6- Howard, Brown, Daniels, Carlson, Mims, and Jarboe Absent: 1- Lewis Abstain: 2- Tomes, and Peterson Business Session Louisville Metro Government Page 1 Planning Commission Action Summary October 31, 2019 4. 10.31.19 Resolution Request: Resolution to Research Land Uses that Include Tobacco Businesses and Electronic Smoking Retail Stores and Propose Amendments to the Land Development Code Related to the Zoning and Location of These Uses Project Name: Tobacco Businesses and Electronic Smoking Retail Stores Resolution Location: Louisville Metro Applicant: Louisville Metro Planning Commission Jurisdiction: Louisville Metro Council District: All Council Districts Case Manager: Joseph Haberman, AICP, Planning Manager A motion was made by Commissioner Tomes, seconded by Commissioner Howard, that the Resolution to research land uses that include tobacco businesses and electronic smoking retail stores and propose amendments to the Land Development Code related to the zoning and location of these uses be approved. The motion carried by the following vote: Yes: 8- Tomes, Howard, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe Absent: 1- Lewis Public Hearing 5. 19ZONE1001 Request: Change in zoning from R-4 to R-5 with associated rear yard Waiver and Major Preliminary Subdivision - CONTINUED FROM 10/3/19 PC Project Name: Shepherdsville Road Subdivision Location: 8809 Shepherdsville Road Owner: Linda Sue Goodwin Neubeck Applicant: Superior Builders Representative: Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the change in zoning from R-4, Single Family Residential to R-5, Single Family Residential be denied. The motion failed. Yes: 4- Brown, Daniels, Carlson, and Jarboe No: 4- Tomes, Howard, Peterson, and Mims Absent: 1- Lewis Louisville Metro Government Page 2 Planning Commission Action Summary October 31, 2019 A motion was made by Commissioner Tomes, seconded by Commissioner Peterson, that this Planning Case be continued to the November 21, 2019 public hearing. The motion carried by the following vote: Yes: 8- Tomes, Howard, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe Absent: 1- Lewis 6. 18ZONE1063 Request: Change in Zoning from R-4 to C-2 with conditional use permit for mini-warehouse, variance, and waiver Project Name: Freys Hill Commercial Location: 3331 Freys Hill Road Owner: Freys DevCo, LLC Applicant: Freys DevCo, LLC Representative: Bluestone Engineers, PLLC Jurisdiction: Louisville Metro Council District: 17 - Glen Stuckel Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Mims, that this change in zoning from R-4, Single Family Residential to C-2, Commercial be RECOMMENDED to the Louisville Metro Council for approval. The motion carried by the following vote: Yes: 8- Tomes, Howard, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe Absent: 1- Lewis A motion was made by Commissioner Carlson, seconded by Commissioner Mims, that the CUP, Conditional Use Permit for mini-house (LDC, Land Development Code 4.2.35) with relief from item 'B' be approved. The motion carried by the following vote: Yes: 7- Tomes, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe No: 1- Howard Absent: 1- Lewis A motion was made by Commissioner Carlson, seconded by Commissioner Mims, that the variance from the LDC, Land Development Code, section 5.3.1 to omit the 50 foot non-residential to residential setback along the southeastern property line and a waiver from the LDC, section 10.2.4 to eliminate a 35 foot landscape buffer area, LBA along the southeastern property line and adjacent to residentially zoned LWC, Louisville Water Co. property be approved. The motion carried by the following vote: Yes: 7- Tomes, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe No: 1- Howard Absent: 1- Lewis Louisville Metro Government Page 3 Planning Commission Action Summary October 31, 2019 A motion was made by Commissioner Carlson, seconded by Commissioner Mims, that the Detailed District Development Plan be approved. The motion carried by the following vote: Yes: 7- Tomes, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe No: 1- Howard Absent: 1- Lewis 7. 19-ZONE-0037 Request: Change in Zoning from R-5 to R-5A, multi-family with detailed plan, waiver, and variance Project Name: Enclave at Warwick Village Location: 413R, 415R, & 417 Washburn Ave Owner: Larry Foreman Applicant: Butch Ernspiker Representative: Duncan Galloway Egan Greenwald, PLLC Jurisdiction: City of Lyndon Council District: 7 - Paula McCraney Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that this case be continued to the November 21, 2019 public hearing. The motion carried by the following vote: Yes: 8- Tomes, Howard, Peterson, Brown, Daniels, Carlson, Mims, and Jarboe Absent: 1- Lewis 8. 19CELL1001 Request: Application for a cell tower consisting of a 105 foot tall monopole with a 5 foot lightning arrestor, (total height of 110 feet) within a 2,500 square foot compound area Project Name: Bardstown Road Location: 3738 Bardstown Road Owner: The First Alliance Church of the Christian and Missionary Alliance, Inc. Applicant: Vertical Bridge Development, LLC, T-Mobile Representative: Briggs Law Office, PSC, Todd R. Briggs Jurisdiction: Louisville Metro & Jeffersontown Council District: 10- Pat Mulvihill Case Manager: Steve Hendrix, Planning & Design Coordinator A motion was made by Commissioner Howard, seconded by Commissioner Peterson, that the cell tower consisting of a 105 foot tall monopole with a 5 foot lightning arrestor be approved. The motion failed. Yes: 2- Howard, and Peterson No: 6- Tomes, Brown, Daniels, Carlson, Mims, and Jarboe Louisville Metro Government Page 4 Planning Commission Action Summary October 31, 2019 Absent: 1- Lewis A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the cell tower consisting of a 105 foot tall monopolee with a 5 foot lightning arrestor be denied. The motion carried by the following vote: Yes: 6- Tomes, Brown, Daniels, Carlson, Mims, and Jarboe No: 2- Howard, and Peterson Absent: 1- Lewis 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 5