Planning Commission

East Government Center Louisville Metro Government 200 Juneau Drive Louisville, KY 40243 Action Summary Planning Commission Thursday, December 5, 2019 1:00 PM Old Jail Auditorum Call To Order Rollcall Present: 6- Commissioner Lula Howard, Commissioner Robert Peterson, Commissioner Jeff Brown, Commissioner Richard Carlson, Commissioner Jim Mims, and Commissioner Vince Jarboe Absent: 3- Commissioner David Tomes, Commissioner Ruth Daniels, and Commissioner Marilyn Lewis Approval Of Minutes 1. PC_Mins_112119 A motion was made by Commissioner Carlson, seconded by Commissioner Howard that the November 21, 2019 Planning Commission minutes be approved. The motion carried by the following vote: Yes: Commissioners Brown, Carlson, Howard and Jarboe Abstain: Commissioner Peterson Absent: Commissioners Daniels, Lewis, Mims and Tomes Public Hearing 2. EPSC Appeal - Shallow Lake Rd. Project Name: Appeal of a Notice of Violation issued by MSD in accordance with Chapter 159 of the Louisville Metro Code of Ordinances titled Erosion Prevention and Sediment Control Ordinance. Location: 7018 Shallow Lake Road Appellant: Luis Romero Municipality: Prospect Council District: 16 - Scott Reed A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that the EPSC Appeal, Notice of Violation issued by MSD in accordance with Chapter 159 of the Louisville Metro Code of Ordinances titled Erosion Prevention and Sediment Control Ordinance be UPHELD. The motion carried by the following vote: Yes: 6- Howard, Peterson, Brown, Carlson, Mims, and Jarboe Absent: 3- Tomes, Daniels, and Lewis Louisville Metro Government Page 1 Planning Commission Action Summary December 5, 2019 A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that the Planning Commission UPHOLD the fine issued by MSD in the amount of $500. The motion carried by the following vote: Yes: 6- Howard, Peterson, Brown, Carlson, Mims, and Jarboe Absent: 3- Tomes, Daniels, and Lewis 3. 19-AMEND-0003 Request: Binding Element Amendment Project Name: Highview Center Location: 7207 Fegenbush Lane Owner: RB5 LLC Applicant: Smart LED Signs & Lighting Jurisdiction: Louisville Metro Council District: 23 - James Peden Case Manager: Beth Jones, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Brown, that the binding element amendment be denied because the applicant has failed to justify the reason for amending it. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Carlson, and Jarboe No: 1- Mims Absent: 3- Tomes, Daniels, and Lewis 4. 19-STRCLOSURE-0008 Request: Closure of Public Right-of-Way Project Name: Noble Funk Development Alley Closure Location: Alley south of W Breckinridge St between S 2nd St and S 3rd St Owner: Louisville Metro Applicant: Domino Partners Representative: QK4 Jurisdiction: Louisville Metro Council District: 4- Barbara Sexton Smith Case Manager: Jay Luckett, AICP, Planner I A motion was made by Commissioner Carlson, seconded by Commissioner Howard, that the closure of public right-of-way be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 6- Howard, Peterson, Brown, Carlson, Mims, and Jarboe Absent: 3- Tomes, Daniels, and Lewis Louisville Metro Government Page 2 Planning Commission Action Summary December 5, 2019 5. 19ZONE1001 Request: Change in zoning from R-4 to R-5 with associated rear yard Waiver and Major Preliminary Subdivision - CONTINUED from 11/21/19 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 Mims, seconded by Commissioner Peterson, that the zoning change from R-4, Single Family Residential to R-5, Single Family Residential be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 4- Howard, Peterson, Mims, and Jarboe No: 2- Brown, and Carlson Absent: 3- Tomes, Daniels, and Lewis A motion was made by Commissioner Mims, seconded by Commissioner Peterson, that a waiver from section 7.3.30.E to allow more than 15% of the required yard of a buildable lot to be occupied by a drainage easement be approved. The motion carried by the following vote: Yes: 4- Howard, Peterson, Mims, and Jarboe No: 2- Brown, and Carlson Absent: 3- Tomes, Daniels, and Lewis A motion was made by Commissioner Mims, seconded by Commissioner Howard, that the Major Preliminary Subdivision with binding elements to include binding element #14 - The applicant shall contribute $34,000.00 to Louisville Metro Public Works to use for any purpose as determined by the Director of Public Works and the Director of Planning and Design Services. Such improvements can include sidewalks, shoulders or turn lanes and the contribution will be made at the time of recording for section 1, with preference to the area of the site in question and adjoining properties be approved. The motion carried by the following vote: Yes: 4- Howard, Peterson, Mims, and Jarboe No: 2- Brown, and Carlson Absent: 3- Tomes, Daniels, and Lewis Louisville Metro Government Page 3 Planning Commission Action Summary December 5, 2019 6. 19-ZONE-0028 Request: Change in zoning from R-4, single-family to R-7, multi-family with detailed plan Project Name: Commerce Crossing Apartments Location: 9711 Cooper Church Drive Owner: James S and Jeanette Conder Applicant: Capstone Realty, Inc. Representative: Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the zoning change from R-4, Single Family Residential to R-7, Multi-Family Residential be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the Detailed District Development Plan be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis 7. 19-ZONE-0036 Request: Change in zoning from R-4, single-family & OR-3, office-residential to C-2, commercial with detailed plan and variance(s) Project Name: Commerce Crossings Retail Location: 5210 Commerce Crossings Drive Owner: Elda Acquisition, LLC Applicant: Capstone Realty, Inc. Representative: Dinsmore & Shohl, LLP Jurisdiction: Louisville Metro Council District: 24 - Madonna Flood Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Howard, seconded by Commissioner Brown, that the change in zoning from OR-3, Office Residential and R-4, Single Family Residential to C-2, Commercial be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis Louisville Metro Government Page 4 Planning Commission Action Summary December 5, 2019 A motion was made by Commissioner Howard, seconded by Commissioner Brown, that a variance of the Land Development Code, section 5.3.1.C.5 to reduce the non-residential to residential setback along the west property line from 30 to 20 feet and a variance of the Land Development Code, section 5.3.1.C.5 to increase the maximum setback along Old Preston Hwy. from 80 to 190 feet be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis A motion was made by Commissioner Howard, seconded by Commissioner Brown, that the Detailed District Development Plan be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis 8. 19-ZONE-0065 Request: Change in Form District from Neighborhood to Suburban Workplace, change in Zoning from R-4 to PEC with Landscape Waivers, and a Detailed Development Plan Project Name: Logistics Airpark North Location: 5400 & 5402 Minor Lane & 3101, 3201, 3202, & 3206 Dupin Drive Owner: Evangel World Prayer Center of KY Inc. Applicant: Nicklies Development Inc. Representative: Milestone Design Group; Nicklies Development Jurisdiction: Louisville Metro Council District: 13- Mark Fox Case Manager: Julia Williams, AICP, Planning Supervisor A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the change in form district from Neighborhood to Suburban Workplace be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the change in zoning district from R-4, Single Family Residential to PEC, Planned Employment Center be recommended to Metro Council for approval. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis Louisville Metro Government Page 5 Planning Commission Action Summary December 5, 2019 A motion was made by Commissioner Brown, seconded by Commissioner Howard, that a waiver from 10.2.4 to permit existing encroachments into the 35 foot landscape buffer area along the north property line, a waiver from 10.2.10 to permit existing encroachments into the 15 foot vehicular use area landscape buffer area along both Dupin Dr. and Minor Ln. and not to provide the required screening and plantings and a waiver from 10.2.12 to allow the spacing between internal landsape areas to be more than 20 spaces and to not provide internal landscape areas be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that the District Development Pln and binding elements in addition to binding elements 7, 10,11 and 12 as proposed in the applicant's finding of facts dated 12/5/19 with a revision to the applicant's binding element 10 to read: A 2-5 foot berm shall be provided similar to what was described at the 12/5/19 Planning Commission meeting ON CONDITION that the applicant include a fenced in area for the proposed semi-trailer parking area shown on the development plan and the elimination of the gate at the Dupin Dr. access be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and Lewis A motion was made by Commissioner Brown, seconded by Commissioner Howard, that Waiver #1 has the following addition: The applicant will not be providing the screening or plantings required within the 35 foot landscape buffer area be approved. The motion carried by the following vote: Yes: 5- Howard, Peterson, Brown, Mims, and Jarboe Absent: 4- Tomes, Daniels, Carlson, and 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 6