MINUTES OF THE MEETING OF THE LAND DEVELOPMENT AND TRANSPORTATION COMMITTEE JULY 14, 2011

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1 A meeting of the Land Development and Transportation Committee was held on, July 14, 2011 at 1:00 P.M. in the Old Jail Building, located at 514 W. Liberty Street, Louisville, Kentucky. Committee Members present were: Donnie Blake, Chairman Paula Wahl, County Engineer Robert Kirchdorfer Clifford Turner (arrived at 1:07) Committee Members absent were: None Staff Members present were: Emily Liu, Planning Supervisor Dawn Warrick, Assistant Director Jonathan Baker, Legal Counsel Michael Hill, Planner II Chris Cestaro, Management Assistant (sign-ins) Rebecca Simmons, Management Assistant (minutes) Others present: Jennifer Caummisar, Public Works The following matters were considered:

2 Approval of Minutes On a motion by Commissioner Wahl, the following resolution was adopted: RESOLVED, that the Land Development and Transportation Committee does hereby APPROVE the minutes of its meeting conducted June 23, The vote was as follows: YES: Commissioners Wahl, Blake and Kirchdorfer NO: None NOT PRESENT FOR THIS CASE AND NOT VOTING: Commissioner Turner ABSTAINING: None

3 Case No Case No Location: Owner/Applicant: Attorney: Consultant: Total Site Area: Area to be Rezoned: Existing Zoning District: Proposed Zoning District: Existing Form District: Existing Land Use: Proposed Land Use: Jurisdiction: Council District: Case Manager: 8117 & 8119 New LaGrange Road Lyndon Lanes, Inc. Bardenwerper, Talbott & Roberts Land Design & Development 1.29 acre (56,280 square feet) 1.09 acre (47,641 square feet) C-1 Commercial & C-M Commercial- Manufacturing C-M Commercial Manufacturing Town Center General Office, Medical Office, Vacant Bowling Alley & Mini-Warehouses General Office, Medical Office, Restaurant & Additional Mini- Warehouse Storage Units City of Lyndon 18-Jon Ackerson Michael Hill, AICP, Planner II The staff report prepared for this case was incorporated into the record. This report was available to any interested party prior to the LD&T meeting. (Staff report is part of the case file maintained in Planning and Design Services offices, 444 S. 5 th Street.) REQUESTS Change in zoning from C-1 to C-M on 1.09 acres of the 1.29 acre site to allow a vacant bowling alley to be converted to mini-warehouses storage units and a restaurant. Additional free-standing mini-warehouse storage units are also proposed. Existing general office and medical office uses are to remain. Waiver of Section d to not provide the vehicular/pedestrian connection to adjacent properties. Waiver of Section to not provide interior landscape islands. Waiver of Section to not provide a 10 vehicle use area (VUA) buffer along New LaGrange Road. Waiver of Section B to eliminate tree canopy requirements.

4 Case No Variance of Section C.3.A to allow proposed storage building A on Tract 1 to exceed the 15 maximum front setback requirement by 118. Variance of Section B.2 to allow proposed storage building C and dumpster on Tract 4 to be located 5 from the east property line rather than the required 25. Development plan The following spoke on behalf of Case No : Bill Bardenwerper, Bardenwerper Talbott & Roberts, 8311 Shelbyville Road, Louisville, KY Kevin Young, Land Design & Development, 503 Washburn Ave, Louisville, KY David McCarthy, 8119 New LaGrange Road, Louisville, KY DISCUSSION: 01:04:24 Michael Hill presented the case summary and reviewed the waivers and variances from the Staff Report. He also reviewed the background of the site and the technical review items from the Staff Report. 01:09:53 Bill Bardenwerper, Bardenwerper Talbott & Roberts, showed an aerial map and pointed out existing storage units and said that the proposed development is a continuation of what already exists and moving it forward into the Lyndon Lanes parking lot area. He presented some photos of the area and discussed the history of the building that previously served as Lyndon Lanes and the other existing uses in the area. Mr. Bardenwerper said with the rest of the parking lot being a large impervious space, the plan is to put more storage units on the site and gradually bring those forward as the market fills them up, then utilize some of the area as temporary RV storage. Mr. Bardenwerper explained that Lyndon is a challenging area to get retail to thrive because of its proximity to Shelbyville Road, Hurstbourne Parkway, etc. He said that it is not possible or economically feasible to tear down and start over. 01:15:20 Kevin Young, Land Design & Development, said one of the comments received from the Kentucky Transportation Cabinet (KTC) was about New LaGrange Road being a Kentucky state highway. He pointed out access points that were created when New LaGrange Road was done. Mr. Young

5 Case No pointed out an access point that is 40 feet, and he said this is not allowed so he has agreed to reduce the entrance to 24 feet. He discussed how the plan shows some parking in the public right of way with agreement that if the state or county ever does any road improvement project, those spaces will be eliminated. 01:16:38 Mr. Young discussed the requested waiver with regard to landscape islands. He pointed out the bowling alley portion and discussed the plans to build a wall and to make the building climate-controlled with garage doors. He said a lot of parking is eliminated by having those doors. For a restaurant, this is an odd shape and it is critical to use all the parking space that we have. Mr. Young addressed the requested waiver to not have access points and discussed the existing adjoining properties. He said he did not see where a building would need to be torn down or go through another property to actually be able to provide an access point to adjacent property owners. Mr. Young said the alley is unimproved, has been closed and a fence has been constructed to prevent loitering in the area. 01:18:36 Commissioner Wahl made some suggestions to the plan for the access points. 01:19:07 Mr. Young pointed out what would be used as the owner/employee parking and what would be customer parking. 01:19:25 Mr. Bardenwerper pointed out what used to be LaGrange Road and said it was not set up. He said that now they ve been matched up and he pointed out a retail building, Chase, fire station, etc. He said to do that would be an expense item, the owner has existing tenants which would be disrupted. If this was a redeveloping area, a stronger case could be made as they come through, they can ask a lot more people to change, reduce or eliminate access points. But it is really fully developed. 01:20:56 Commissioner Wahl said it is access management, we have an older development pattern with curb cuts and that is what the state does when they do a project, rebuild the curb cuts that are existing. 01:21:24 David McCarthy said there were three entrances before the State made the improvements, and they closed up one of them, barring access to the alley. 01:22:13 Commissioner Kirchdorfer asked if the current access to the older storage areas behind the subject site are connected to this site. Mr. Young

6 Case No responded that this is the only entrance and pointed out two entrances and said there are no access points beyond them. There was some discussion of the size of the RVs being stored on the site. 01:23:19 Commissioner Kirchdorfer asked what the distance is between the buildings and if the same pattern on the plan will be followed. Mr. Young responded the buildings distance is 20 feet and that was how Mr. McCarthy always intended for this to be phase II. 01:23:50 Commissioner Wahl asked about the gate, where it will be moved and where the added buildings will be. 01:24:02 Mr. McCarthy said the doors will be on both sides and pointed out where they will be. He said most climate-controlled buildings will be larger. 01:25:54 Commissioner Wahl reminded the applicant that she has access concerns that she would like the applicant to address further at public hearing. It was decided by general consensus that Case No will scheduled for Public Hearing before the Louisville Metro Planning Commission on August 18, 2011 at 1:00 pm.

7 Case No Case No Location: Owner/Applicant: Representative: Engineer: Project Size/Area: Existing Zoning: Proposed Zoning: Form District: Existing/Proposed Use: Jurisdiction: Council District: Case Manager: 1405 Tucker Station Rd Virgil & Pauline Wilson Wyatt Tarrant & Combs Land Design & Development 3.2 acres R-4 Single Family Residential PEC Planned Employment Center Suburban Workplace Vehicle Repair Shop & Single Family Residential Louisville Metro 20-Stuart Benson Michael Hill, AICP, Planner II The staff report prepared for this case was incorporated into the record. This report was available to any interested party prior to the LD&T meeting. (Staff report is part of the case file maintained in Planning and Design Services offices, 444 S. 5 th Street.) REQUESTS Change in zoning from R-4 Single Family Residential to PEC Planned Employment Center. Waiver of Section of the Land Development Code to allow the encroachment of existing structures and pavement into the 35 landscape buffer areas along the north, east and south property lines and to omit the 8 tall screening requirement along the north, east and a portion of the south property lines. Development plan A Planning Commission public hearing date should be set. The following spoke on behalf of Case No : Cliff Ashburner, Wyatt Tarrant & Combs, 500 W Jefferson Street, Louisville, KY 40202

8 Case No Ann Richard, Land Design & Development, 503 Washburn Ave, Louisville, KY Tommy Wilson, 1405 Tucker Station Road, Louisville, KY Albert Taylor, 214 Gibson Road, Louisville, KY Diane Taylor, 214 Gibson Road, Louisville, KY Steve Porter, 2406 Tucker Station Road, Louisville, KY DISCUSSION: 01:26:09 Michael Hill presented the case by reviewing the case summary, background, discussed the intent of the PEC zoning classification, site context, he reviewed the requested waivers. He said staff is struggling with the size of the property and whether it is appropriate for the zoning district. 01:30:56 Mr. Hill explained that there are other zoning districts that would be appropriate but the reason why PEC was chosen was because the site is across the street from other PEC zoned areas. He said that the other zoning classifications would be commercial. 01:31:36 Cliff Ashburner, Wyatt Tarrant & Combs, explained that the applicant wished to remain at this location because this was his home and most of the business includes working on cars that he owns. Mr. Ashburner said that PEC is being requested because it is what is likely to be developed on the property. He said what we re trying to set the table for what will likely be developed in the future. Mr. Ashburner directed the committee to the binding elements listed in the staff report and reviewed them. He said he would entertain restricting the property at the time of redevelopment in a way that other properties in the area have been restricted. He discussed developments in the area and the restrictions placed on them. 01:35:52 Ann Richard, Land Design & Development, pointed out the buildings on the site. She said Mr. Wilson has installed an 8 foot, solid wood privacy fence and pointed out where this fence is located. Ms. Richard addressed the waiver request by saying the only thing that is requested to waive is the continuous 8 foot screen, based on the fact that there is an existing fence. She pointed out existing buildings that would provide a screen. Ms. Richard

9 Case No explained that the buffer and any required trees will be provided. She stated that all other requirements of the LDC are being met. 01:38:19 Mr. Ashburner pointed out that there is no signage on the property and stated that there are two part-time employees for the service. 01:38:43 Tommy Wilson, owner, responded to Commissioner Kirchdorfer s question about what type of auto repair takes place on the site by explaining that it is only small body repair, no engine repair. He discussed when the building was built and gave some history to the site. Mr. Wilson pointed out where the nearest fire hydrant is located and said that on average around 10 cars will be on the site to be worked on. He explained that he was on the property when notice of violation was received and he was told to put up a fence and that was done. 01:42:26 Albert Taylor asked what has changed since the last time the rezoning was denied for this property. He expressed his concern for the size of the property and said he was not sure what type of building would be put on the property if it is zoned PEC. He said he appreciates there would be no signage. He stated his concern for future development as well. 01:44:03 In response to Commissioner Blake s question about the background of the property, Diane Taylor provided a history of the area. Ms. Taylor expressed her concern for the future development. 01:46:10 Mr. Taylor pointed out the FBI building and said it is a large 4-story building and said it is basically zoned the same. 01:46:21 Commissioner Wahl explained if the zoning got approved, they would be required to come in with a revised development plan which would then be presented before another committee. 01:46:35 Mr. Taylor asked if there were other alternatives to the PEC zoning. 01:46:42 In response to Mr. Taylor s question about alternatives to the PEC zoning, Mr. Ashburner explained that C-1 or C-2 could be done, but PEC makes most sense. He explained what has changed over 20 years by pointing out new developments in the area and said that there is a new comprehensive plan that was adopted that designated this area as Suburban Workplace. Mr. Ashburner said that if this site was zoned C-2, there would be a greater possibility of redevelopment of the property that certain uses would be more attracted to a 3

10 Case No acre lot, such as a fast-food restaurant. Mr. Ashburner addressed the binding element that Public Works suggested that discussed unified access. 01:49:22 Steve Porter, Tucker Station Neighborhood Association, said what Mr. Ashburner is proposing is probably the best solution because this property is eventually going to become PEC. He stated that more restrictions should be placed than the eight binding elements. Mr. Porter recommended a strong restriction stating that nothing new can happen on this property. He said he had a slight disagreement with binding element #2. He said that any change should need to come back before the Commission. Mr. Porter concluded by explaining that the neighborhood can probably support this proposal if there are more restrictions to be certain this gets developed in the same manner as the other PEC properties that are being restricted. 01:54:51 In response to Mr. Taylor s question about combining the properties, with regard to selling, Mr. Baker explained that the commission has no authority to bind any private property owner with any rights to subdivide their property. He said that there are certain designated powers that the Planning Commission has to do with affecting property rights, mainly approving or not approving the requested change property use restrictions. The only power the commission has, with regard to dividing properties with requests to subdivide the property, they can approve that subject to subdivision regulations. Mr. Baker said the commission cannot forecast and put in the condition that precludes them from subdividing or selling their property unless certain things happen. 01:55:50 Mr. Porter said what can be done is prevent anything from happening without a good public hearing discussion that neighbors would have notice of and provide opportunity to register any objections. 01:56:06 Commissioner Wahl said that given the size of the site, the parking provided is limited. She said the size of the building and use would be limited to what the total layout of the site could be. 01:56:28 Mr. Porter said there is a concern for all the residential neighbors in the area and they may or may not want to meld into the PEC. 01:57:53 In response to Mr. Hill s question about the landscape waiver, Ms. Richard explained that the applicant will provide the tree plantings and said there are a lot of existing trees on the property that will probably meet that requirement.

11 Case No There was some discussion about the required buffer. 01:58:45 Commissioner Blake asked the applicant to bring pictures of the existing trees to public hearing. 01:59:30 Mr. Porter stated that he will work with the Voit family to keep them posted. 01:59:49 Mr. Hill asked about Binding Element 8, addressing unified access. He said the applicant proposed different language than Public Works. 02:00:00 Mr. Ashburner said he will discuss this with Public Works. It was decided by general consensus that Case No be scheduled for public hearing before the Louisville Metro Planning Commission on September 1, 2011 at 1:00 pm.

12 The meeting was adjourned at 1:58 pm. Chairman Division Director

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