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Planning Commission

Regular Meeting

Louisville, KY · July 16, 2020

AgendaMinutes

Minutes

Online via Webex Louisville Metro Government Action Summary Planning Commission Thursday, July 16, 2020 1:00 PM Call To Order Commissioners Present: Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe Commissioners Absent: Brown Approval Of Minutes 1. PC_Mins_061820 A motion was made by Commissioner Howard, seconded by Commissioner Carlson that the June 18, 2020 PC minutes be approved with the following corrections: Pg. 1 - Commissioner Daniels abstained; Pg. 6 -Commissioner Carlson voted yes; and Pg. 8 - Should state 7 a.m. to 9 p.m. The vote was as follows: YES: Carlson, Howard, Lewis, Peterson, Seitz and Jarboe NO ANSWER: Commissioner Daniels ABSTAIN: Commissioner Mims ABSENT: Commissioner Brown Business Session 2. Intro to LDC Reform Resolution NO ACTION Public Hearing Louisville Metro Government Page 1 Planning Commission Action Summary July 16, 2020 3. 20-ZONE-0017 Request: Change in zoning from R-6 to C-1, with Detailed District Development Plan and Binding Elements, and associated Variances and Waiver Project Name: E Washington Street Carriage House Location: 1300 E Washington Street Owner: J5E LLC Applicant: J5E LLC Representative: Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Howard to RECOMMEND to Metro Council approval of the zoning change from R-6, Multi-Family Residential to C-1, Commercial. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe NOT PRESENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Peterson that a Variance from Table 5.2.2 to permit encroachment into the required street side yard setback by a proposed structure (required 3’, request 2’ 2”, variance of 10”) (20-VARIANCE-0032) and a Variance from Section 5.4.1.D.3 to permit a private yard area to be less than the required 20% of the area of a lot (required 20%, requested 9%, variance of 11%) (20-VARIANCE-0032) be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe NOT PRESENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Howard that a Waiver from Table 10.2.3 to permit encroachment into the required property perimeter Landscape Buffer Area by existing and proposed structures (20-WAIVER-0037) be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe NOT PRESENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Howard that a Detailed District Development Plan with Binding Elements be approved and an additional binding element #7 to read as follows: The following uses shall not be allowed on the property: automobile rental agencies, automobile parking areas both public and private, automobile service stations, car washes and package liquor stores. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe Louisville Metro Government Page 2 Planning Commission Action Summary July 16, 2020 NOT PRESENT: Commissioner Brown 4. 19-ZONE-0068 Request: Change in zoning from R-4 to C-1, commercial with detailed district development plan Project Name: JAW Real Estate Location: 4922 Cane Run Road Owner: James A. White, Jr. Applicant: James A. White, Jr. Representative: James A. White, Jr. Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Carlson, seconded by Commissioner Daniels to RECOMMEND to Metro Council that a zoning change from R-4, Single Family Residential to C-1, Commercial be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Daniels that the Variance from the Land Development Code (LDC), section 5.3.1.C.5 to reduce the non-residential to residential setback from 15’ to 11’ for proposed parking spaces be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Howard that a Waiver of LDC, section 10.2 to allow existing structures and proposed parking spaces to encroach upon the 25’ landscape buffer area (LBA) be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown A motion was made by Commissioner Carlson, seconded by Commissioner Peterson that the Detailed District Development Plan and binding elements be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown Louisville Metro Government Page 3 Planning Commission Action Summary July 16, 2020 5. 19-ZONE-0052 Request: Change in zoning from R-5 to R-6 with detailed plan and review of substandard lot creation Project Name: 308 Franck Ave Location: 308 Franck Ave Owner: Ryan Fagan Applicant: Ryan Fagan Representative: Ryan Fagan Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Joel P. Dock, AICP, Planner II A motion was made by Commissioner Lewis, seconded by Commissioner Peterson to RECOMMEND to Metro Council that the change in zoning from R-5, Single Family Residential to R-6, Multi-Family Residential be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown A motion was made by Commissioner Lewis, seconded by Commissioner Peterson that the Detailed District Development Plan with review for substandard lot creation (Land Development Code, section 7.1.85) be approved with the following additional binding element (part of BE#2): A structural engineer shall be hired and an evaluation shall be performed for 1st tier properties. The engineer shall lay out best practices for construction and provide those to Planning and Design Services for incorporation into the record. Notice of intent to evaluate 1st tier properties shall be provided 30 days in advance. The vote was as follows: YES: Commissioner Carlson, Daniels, Howard, Lewis, Mims, Peterson, Seitz and Jarboe ABSENT: Commissioner Brown Louisville Metro Government Page 4 Planning Commission Action Summary July 16, 2020 6. 20-ZONE-0007 Request: Change in zoning from R-5 to C-1, with Detailed District Development Plan and Binding Elements, and associated Waivers with abandonment of CUP Project Name: Mike’s Carwash Location: 2962 Breckenridge Lane Owner: Taylorsville Road Realty Applicant: Mike’s Carwash Representative: Dinsmore & Shohl LLC Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Commissioner Peterson, seconded by Commissioner Carlson to RECOMMEND to Metro Council that the change in zoning from R-5, Single Family Residential and C-1, Commercial to C-1, Commercial be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson and Jarboe ABSENT: Commissioners Brown and Seitz A motion was made by Commissioner Peterson, seconded by Commissioner Carlson that Waiver #1: from LDC section 10.2.4.B.1 to allow vehicular use area and a retaining wall to encroach into the required 15’ Landscape Buffer Area, reducing the LBA from 15’ to 10’ (20-WAIVER-0020) and Waiver #2: from LDC section 5.5.2.A.1 to allow the building to have no entrances facing either of the streets abutting the lot (20-WAIVER-0023) be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson and Jarboe ABSENT: Commissioners Brown and Seitz A motion was made by Commissioner Peterson, seconded by Commissioner Carlson to abandon an existing Conditional Use Permit be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson and Jarboe ABSENT: Commissioners Brown and Seitz A motion was made by Commissioner Peterson, seconded by Commissioner Carlson that the Detailed District Development Plan with Binding Elements be approved. The vote was as follows: YES: Commissioners Carlson, Daniels, Howard, Lewis, Mims, Peterson and Jarboe ABSENT: Commissioners Brown and Seitz Louisville Metro Government Page 5 Planning Commission Action Summary July 16, 2020 7. 19-ZONE-0095 Request: Change in zoning from R-4 to C-1, with Detailed District Development Plan and Binding Elements, and associated Variance Project Name: Old Henry Road Retail Location: 14015 Old Henry Trail Owner: One Fourteen LLC Applicant: One Fourteen LLC Representative: Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Dante St. Germain, AICP, Planner II A motion was made by Commissioner Daniels, seconded by Commissioner Peterson to RECOMMEND that Metro Council DENY the zoning change from R-4, Single Family Residential to C-1, Commercial. The vote was as follows: YES: Commissioners Carlson, Daniels, Mims, Peterson and Jarboe NO: Commissioners Howard and Lewis ABSENT: Commissioners Brown and Seitz 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

Agenda

Online via Webex Louisville Metro Government Agenda Planning Commission Thursday, July 16, 2020 1:00 PM Call To Order Approval Of Minutes 1. PC_Mins_061820 Business Session 2. Intro to LDC Reform Resolution Public Hearing 3. 20-ZONE-0017 Request: Change in zoning from R-6 to C-1, with Detailed District Development Plan and Binding Elements, and associated Variances and Waiver Project Name: E Washington Street Carriage House Location: 1300 E Washington Street Owner: J5E LLC Applicant: J5E LLC Representative: Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 4 - Barbara Sexton Smith Case Manager: Dante St. Germain, AICP, Planner II 4. 19-ZONE-0068 Request: Change in zoning from R-4 to C-1, commercial with detailed district development plan Project Name: JAW Real Estate Location: 4922 Cane Run Road Owner: James A. White, Jr. Applicant: James A. White, Jr. Representative: James A. White, Jr. Jurisdiction: Louisville Metro Council District: 1 - Jessica Green Case Manager: Joel P. Dock, AICP, Planner II Louisville Metro Government Page 1 Printed on 7/8/2020 Planning Commission Agenda July 16, 2020 5. 19-ZONE-0052 Request: Change in zoning from R-5 to R-6 with detailed plan and review of substandard lot creation Project Name: 308 Franck Ave Location: 308 Franck Ave Owner: Ryan Fagan Applicant: Ryan Fagan Representative: Ryan Fagan Jurisdiction: Louisville Metro Council District: 9 - Bill Hollander Case Manager: Joel P. Dock, AICP, Planner II 6. 20-ZONE-0007 Request: Change in zoning from R-5 to C-1, with Detailed District Development Plan and Binding Elements, and associated Waivers with abandonment of CUP Project Name: Mike’s Carwash Location: 2962 Breckenridge Lane Owner: Taylorsville Road Realty Applicant: Mike’s Carwash Representative: Dinsmore & Shohl LLC Jurisdiction: Louisville Metro Council District: 26 - Brent Ackerson Case Manager: Dante St. Germain, AICP, Planner II 7. 19-ZONE-0095 Request: Change in zoning from R-4 to C-1, with Detailed District Development Plan and Binding Elements, and associated Variance Project Name: Old Henry Road Retail Location: 14015 Old Henry Trail Owner: One Fourteen LLC Applicant: One Fourteen LLC Representative: Bardenwerper, Talbott & Roberts Jurisdiction: Louisville Metro Council District: 19 - Anthony Piagentini Case Manager: Dante St. Germain, AICP, Planner II Standing Committee Reports CHAIRMAN OR COMMISSION DIRECTOR’S REPORT LAND DEVELOPMENT AND TRANSPORTATION COMMITTEE DEVELOPMENT REVIEW COMMITTEE Louisville Metro Government Page 2 Printed on 7/8/2020 Planning Commission Agenda July 16, 2020 PLANNING COMMITTEE POLICY AND PROCEDURES COMMITTEE SITE INSPECTION COMMITTEE Adjournment Louisville Metro Government Page 3 Printed on 7/8/2020