Planning Committee - Regular Meeting

Go ahead and start the meeting. I'll start by reading the, opening statement. This is the regular meeting of the Louisville Metro Development Review Committee to hear cases as documented for the meeting today. Public notice has been provided and materials have been available for review by the public. Following rules are in place for today's meeting.

Please silence all cell phones. Number two, please be courteous and respectful to the committee and your fellow citizens. Number three, for those participating virtually, chat messages are not part of the record and are not monitored by all members. Please refrain from sending messages to the panel. If you have any questions or would like to speak on a case, you may send messages to the host.

Number four, today's proceedings are being recorded. Anyone wishing to address the committee must do so from the podium or virtually. If you plan on speaking, please fill out the speaker's form as soon as possible. Those participating virtually must notify the host if they would like to speak. Priority shall be given to speaker cards in the order that they are received.

Only those who have completed the speaker's form will be allowed to speak. Procedures shall be as follows. Number one, staff will present a summary of the request. Number two, the applicant or representative will make a statement or presentation giving reasons for the request. Number three, persons in favor of the proposal will be heard.

Number four, the opposition representative will be heard. Number five, the opposed to the proposal will then be heard. Number six, the applicant or their representative will have an opportunity for rebuttal of the opposition's testimony. No new testimony will be given during the rebuttal. Number seven, there are further questions by the opposition after the rebuttal, please fill out a form provided.

A unanimous vote of this committee constitutes final action on most cases. However, if the vote is not unanimous or is otherwise required or recommended, the case will be placed on regular agenda. The next planning commission for further discussion and action. The committee may ask questions of the applicant, representative, or opposition at any time. Could I have a roll call, please?

Stuber? Here. Lennon?

Present.

Mims?

Here.

Staff?

Here.

Fisher?

Present. Okay. The, first item on our agenda is the approval of the four fifteen twenty six minutes.

I'd like to make a motion that we accept the minutes for 04:15 twenty six of the DRC meeting.

Second. Probably made motion and second. Roll call.

Stuber? Yes. Leonard?

Yes.

Mims? Yes. Staff?

Yes. Fischer?

Yes. Alright. The minutes are adopted. Item number two under new business, twenty five d d p zero zero nine four. It's in case it was continued from May 21. Abby Bills. Speaking for Abby.

I'm speaking for Abby. Yes. The applicant has requested, and staff supports this case being continued to the 05/21/2026 planning commission to be continued to the full planning commission on May 21.

Okay. So what do we have to make a motion to?

To continue to the twenty first.

Right. Anyone wanna make a motion here?

Before we do that, we have a whole lot of people who signed up in opposition. I think to the extent they didn't speak at the last meeting and can't make May 21, we should probably give them an opportunity to get their comments on the record. So if you spoke at the last meeting, you already have your comments. But if you can't make the twenty first and didn't speak at the last meeting, like, they should be given an opportunity to get their comments on the record.

Yeah. We have seven people that spoke.

This was before us with a request for continuance. At that time, we had taken comments from three people who weren't sure they were gonna be able to be here today. But everybody else said they could be here today, but it's being continued again. The last time it was because they said they the applicant said they had received the opposition comments fairly close in time to the meeting, which in part was because notice is relatively close to the meeting. So they wanted a chance to go back and look and see if they wanted to make any revisions in the plan to address the comments that they had received. That was my understanding anyway.

Okay. Well, I guess I should call each individual's name. And what we'll do is we'll call your name out. And if you cannot make, the next meeting or would if you would like to speak at this meeting and provide your testimony, then that would be okay. So Eric Hunsinger?

Thank you. Thank you very much, members of the committee, audience. My name is Eric Hunstiger. I live on Grand Avenue, so I'm a part of the process between Grand Avenue, and Bluebird. We basically bracket Waterson Trail and Taylor's Hill Road.

Grand Avenue is an extensive pass through and cut through between those two intersections. I rise in opposition to this. In the, community that is within that parameter between Waterson Trail and Taylor Zurich Road, there are a 130 homes. You are about to double the number, over double the number of homes in that neighborhood. There are no traffic lights at either end of those light those roads, and traffic is often very, very backed up.

I think that as a member of J Town's community for twenty years, a five story building two blocks from downtown, and I certainly hope the J Town City Council will recognize this fact, it doesn't fit within the look. You've got a church right across the street that was built in 1885, established by a church in 1833. There's a cemetery there that has a revolutionary war, excuse me, civil war burials there. I don't think it fits well. It is currently listed as the Jefferson County Poor Farm Cemetery.

If it's a cemetery, can you really build on it? Is there proof that it's no longer a cemetery? I think the other thing that I'd like to bring up, and it's not a conspiracy, look up Happy King LLC, New Jersey. You can't find any information on this company. I own a company for twenty years, and I come up and Google the first three the three things.

I'm saying you can't even find it. It's not even in there. So is this a BlackRock subsidiary? Do we really want money, coming from a trillion dollar company coming into our neighborhoods and just simply purchasing things and taking the money and running? So I support your vote against this. I would ask your vote against this proposition.

Thank you so much.

Thank you. Lawson? You wanna wait till the next k. Randy Lawson, same thing.

I couldn't I couldn't hear you very well when you

It's really for rules.

Did did you say if I spoke today, I cannot speak next week?

What what we said is if you spoke at the last meeting, you don't need to speak again today. We're taking it for people who didn't speak at the last meeting and can't make the next meeting.

I specifically asked at the last meeting that if I spoke, will I be able to speak at the next meeting?

Yes. Will to speak be at the planning commission unless you can't make planning commission on May 21. But I I nothing's changed between the last meeting and this meeting.

Yeah. You'll be able to speak at the next meeting. We just wanna provide opportunity for people

because there were

people who didn't speak at the last meeting because they could make today, but they might not be able to make May 21. So we're trying to make sure we get those people.

Fair enough. It it would it be okay if I just make a brief comment about the process and not the not the project itself?

We really don't take I I the only thing I wanted to add from staff's perspective, to be clear for those that are here for this case in the room, is that what is the testimony that was taken on April 15 and any testimony that's taken today, the recording of that testimony will be provided to the planning commissioners for the May 21 hearing, and the commissioners will be required to watch that recording in order to take a vote on this case. So anything any testimony that was given on the fifteenth or given today will be reviewed by the full planning commission. And if they don't review it, then they won't be able to make a vote.

Okay. I I I I didn't plan on giving a testimony anyway. I was only gonna make a comment about about the process. Would that be acceptable?

How long will it take you?

I hope about a minute and a half.

Okay. Go ahead.

Okay. Obviously, we were here the fifteenth. We're here today. It was originally gonna be the twentieth, and now it's gonna be the twenty first. I think you see what you've done to the what what we're doing to the public. You guys you guys work at the you guys are are looking out for the public, trying to make sure that things are built the way they're supposed to be, they fit the way they're supposed to be. On at the same time, you're guiding the developers. I understand that. But I think I think where we are now, we've made we've made it very hard on the folks that it that it directly affects. I just wanted that to bring to your attention.

Some some information goes to one group. Some information goes to another group. I I I'm I just wanted I'm kinda disappointed and surprised that we haven't got above that. I'm I'm I'm hoping that that as we go along, the process gets better for you guys and for us. At this point, I'm I'm really, really up in the air about my confidence in the in in how things are going to this point and how they proceed. Thanks for hearing me.

You're welcome. Melissa Kawasaki?

Hello. My name is Melissa Kovaleski. My husband and I own the property across the street from the proposed Bluebird luxury apartments complex. We have concerns that, I'll just read these off. Number one, I am concerned about the water runoff that will naturally come downhill into my property.

We have a sinkhole at the far end of our parking lot, and more water equals larger sinkhole, which could cause collapse of our parking lot. There will be way more, concrete, not, grass, which is there now. There'll be a lot more concrete, which will that water will run off. So I just had concerns about from the developers, I question, have they had a cursed topography study done that we had to have when we bought our property? And that's how we found out we had the sinkhole.

There may be sinkholes on this property as well because it's very close. The water MSD, we have very, very, very old iron water pipes that run underneath Waterson Trail right in front of our business. They're already get, clogged up at the street. I'm wondering how is a 189 families, not just 189 people, but families using the water, how is that gonna affect these old pipes that run down downhill into our property, my business? Traffic already backed up in front of my business two hours every morning from eight to 10AM, and then again in the afternoon starting at four well into after 06:00PM.

We are a business that runs by appointments. We're a hair salon. It's very important that our clients can arrive at their appointment on time to keep our business running smoothly. I have major concerns that the traffic would be extremely worse with 189 apartment families, plus apartment employees being added to that mix of said backups already happening. I have customers coming from all over Louisville. If the traffic gets too bad, they may say, hey. I love you all, but I can't do this anymore. I can't make my appointments after coming after work or whenever. Crime. We are all concerned with the safety of ourselves, our employees, and the clients of Shike Salon and Spa.

I know that these apartments are called luxury apartments, but when I called Metro Louisville to ask if this was gonna be any section eight housing, I was told that it's against the law to tell me that. That leads me to believe that there probably will be section eight housing at the property. And that's a concern of mine because I know that when Middletown put up the station apartments operated under Hagan properties near Target and Walmart, which is section eight housing, carjackings and other crime became rampant at the Walmart and the Kroger in Middletown after these apartments went in. All in all, I feel that the development is not the right development for this plot of land or our community. May I continue?

Just have a little bit

Your time is expired.

I'm not opposed to 10 or 15 townhomes on that property. It's just I feel like a 189 apartments is extreme. We had to have this meeting for our neighbors when we developed our property, and we had to do things that for our neighbors. And I would just ask that that would be our considerations be considered. Thank you.

Thank you. Julie Duran. K. Paula Evans.

Afternoon. My name is Paula Evans. I'm not a life I'm not a lifetime Jaytown resident, but I have lived there since 1989. I'm concerned about the traffic that this will bring.

Ma'am, I'm sorry to interrupt. Could you please give us your address with ZIP code? Oh, sure. Thank you.

9506 Gutenberg Road, Louisville, Kentucky 40299. I am concerned about the traffic that this will bring and the traffic that as it has continued through Jefferson Town. Just very quickly, I wanted to share with you that once I heard about this, that starting on April 20 through the twenty fifth, that Monday, Wednesday, and Friday, I traveled from Lynn Station Road, Waterston Trail to my home off of Gutenberg I mean, off of Waterston Trail on Gutenberg Road. And what I found was that at 04:00 in the afternoon, it took me twenty two minutes to drive three miles. On that Wednesday, I did it again.

It was twenty five minutes to drive three miles. And that's just a turn onto Ravonna off of Waterston Trail. On that Friday, I did it again, and it was twenty seven minutes to drive three miles. I'm concerned because we already have, you know, traffic lights there. We will probably most likely need another traffic light at Bluebird Lane just simply because of the number of people that come out of the senior center that will come out of those apartment complexes, and I'm concerned about the overall traffic.

And I'll continue to monitor this, you know, for the next month since we're going to move this to the twenty first just to give you all some more statistics on that. Thank you.

Thank you. Michael Gentry.

My name is Michael Gentry. I'm, I live at 8501 Wooded Glen Court, Jefferson Town, Louisville, Kentucky 40220. And I'm rising today in opposition myself for this. I've I've lived in the in Jefferson Town with exception of about three or four years for seventy years. And, I'm just against this.

There there's such traffic on Waterson Trail right now. It takes you it takes during rush hour, it can take you going from Ruck Regal down to bottom of the hill up to the square in Jefferson Town. It can take you fifteen or fifteen minutes to get up there, to get to to the light in the center of town. Also, I've talked with Carol Pike, the mayor of, Jefferson Town, and she was telling me that, they have that Section 8 housing development up out Tailorsville Road south of Jefferson Town, near Blankenbaker Parkway, and they have more more crime there. The Jefferson Town Police make more calls there every month than combined with the rest of the town.

And if this is I heard the other lady talking there about this. They think it's probably gonna be, Section 8 on the on this development. I'm definitely against it. So that's all I got to say. Thank you so much.

Thank you. William Lawson, you, what case were you speaking for or against?

Against it.

Against this case?

Yeah.

Well, we were explaining this is gonna be continued till the twenty first, and the planning commission's gonna hear it. So

I'll wait till then.

Okay. Alright. That, we I guess we need a motion to continue the case. We've heard everybody that wanted to speak today. So if someone

Sure. I'll make it. So in the case of 25DDP0094, I make a motion that we continue the case until 05/21/2026. That'd be to the full planning commission to make the motion based on the, staff report and our testimony today.

I'll second.

Properly made motion and second. Roll call, please.

Lannett?

Yes.

Stuber? Yes. Mims?

Yes.

Staff?

Yes. Fisher?

Yes. Case continued to May 21.

The benefit of those who aren't familiar, can you explain the process after the next meetings? What happens if you if you okay the process? Does it go somewhere else?

So the the the Planning Commission hearing will be a recommendation to the city of Jefferson Town. So the Planning Commission will make a a recommendation to approve or deny the district development plan as well as there's an associated waiver. Both of those will be a recommendation to the city of Jefferson Town, and then the city of Jefferson Town will take it up in one of their regularly scheduled meetings or perhaps a special meeting. Once it moves to the city of Jefferson Town, we here at the Planning Commission really don't have control over when they set their meetings. It will be up to them.

Welcome. Item number three on our agenda today is 26 waiver zero zero four four. And Abby Bills, Rachel, are you

I'm Abby today. Alright. This is a waiver, I believe. Rachel Casey, office of planning staff. So we have 26 waiver 0044.

This is for a, proposed SWIG at $64.00 2 Bardstown Road. This is a waiver of land development code section five five one a to allow parking lots to be located in front of a principal structure. This is in the C 1 Commercial Zoning District. It is in the town center form District, which is a traditional form district. So that's where this site design waiver is arising from is the fact that it's located in town center.

The applicant is proposing to construct a commercial building with eight parking spaces, and six of those parking spaces will be in front of the building, which is not permitted in a traditional form district. Here is a zoning map. This is currently one larger parcel, but it's gonna be split into two, and this will be on the area that you see outlined in blue. This is the aerial image with the you can see right there the access drive that comes off Bardstown Road. That access drive serves all four of the parcels, what will be four parcels that you see there.

This is the current view from Bardstown Road. There has been some development. If you're looking at this image, there's been some development on the left, and this will be development incoming right in front of you right where that access drive is and to the right. This is across Bardstown Road. Other commercial development.

This is the site plan. So you can see it's a small, building footprint drive through model, where the yellow is highlighted is the parking that is in front of the building. And, again, that's not permitted in the town center form district, so this is a waiver, of that provision. Staff finds that the waiver request is adequately justified, and it will not adversely affect adjoining property owners and is also the minimum extent necessary to afford relief to the applicant. And so required action is to approve or deny the waiver of section five five one a to allow parking lot to be located in front of the building.

And just as an aside, this does have an associated variance, that will be heard, at the next port of zoning adjustment hearing.

K. Any questions, Rachel?

Yes. Did we grant the similar waiver to the bank a couple of doors down?

Yes. And there is a the development that's gonna be on the north side of this property is gonna come before this this body and at the next meeting with the same exact request.

And the gas station across the bay looked like it had parking out front. Is that in a different form district? Or

It might be. I'm not sure about the one that's across the street. I know that all the ones that are on that side of the street and you're right. There was a bank, and it was granted the waiver for the parking in front.

Just one question. The, the variance request, what what is that for?

It's, to allow parking in the setback. Okay. So, technically, again, in town center, in traditional forms, the setback is set by infill. So because of that, the parking is in in the setback, which is not allowed.

So we need a waiver interference. Got it. Thank you.

Okay. Any other questions? Thank you, Rachel. Thank you. Ted, I'm gonna fill us in here.

Ted Bernstein. 503 Washburn Avenue, Over, Texas 4222. Thank you for, hearing me today. I have a short presentation. I'll run right through it. I it's gonna answer a lot of questions, I think, and you're gonna be followed up within the next month with Del Taco who's coming in right next door. So, maybe this will make your decision on that one a little easier too. Next slide, please. So this is the site, as Rachel said, currently that the Northwest Lot is one lot. Next slide.

This is the original minor plat that was approved in '24. As you can see, it created three tracks. The next slide. And this is the current minor plat that it was submitted 03/1626, and we anticipate its approval shortly. But this will actually create the track that we're talking about today. Next slide. So this is a couple things. One, this will show the extents of the lot that we're creating, and it also shows how the development is actually built today. So, you know, one of the things we always look for is is this a result of something that our clients had done? Obviously not.

The development was already there, was already approved, was already built along with drainage structures, which requires us to make this work to come in and ask for the waiver and ultimately variance in about two weeks. Next slide. These are just site photos. As you can see, the curb's in, sidewalks in. Next slide.

I show you this. This is our site. The circle with the yellow is actually a drainage structure, and I'd point out that that drainage structure is located if you actually had a drive lane across the front where the curb existing curb cuts are, this drainage structure is about exactly 18 feet towards Bardstown Road, which means that ultimately in the past, somebody was anticipating that parking would exist there. As you can see right now, it's really higher than the rest of the site. It's not doing a whole lot there, so there was some anticipation that parking would be provided out front.

Next slide. Once again, just pictures of the drainage structures that already exist. This is looking towards the bank. Next slide. This is just prototypical rendering of what SWIG will build. Obviously, they're gonna follow all the land development code requirements. This is a category two plan due to the size of the building, which is roughly 900 square feet. It's a fairly small building. It will not be held to some of the standards that a category two b, a category three, or a revised detailed district development plan would have to do. Next slide.

Just typical elevations. Next slide. This is the category two plan that was submitted. Next slide. And this is the waiver request. I probably should have drawn it all the way back to the curb as Rachel had done. Basically, as Rachel already said, the form district requires us to have all this stuff behind the building. The way the development's laid out really wasn't meant to accommodate that form district. It seems like it's probably something maybe that should've been done when they actually did the minor plat, sort of cleaned it all up to begin with, but you will be hearing other companies coming in asking for the exact same waivers and variances. Next slide.

And with that, I'll answer any questions that you might have.

Ken, is this is this a sit down restaurant or

It is not. It is

So basically, the parking in the front's for employees?

That's correct.

And is the road the road coming through the middle, all this going to the back, that's gonna stay. Right?

That is gonna stay. Yeah. And that and that's how deliveries will be made, typically through the rear of the property. Once again, it's providing interconnectivity. I think we talk about that a lot. Getting people off Bardstown Road, obviously, is an important thing.

Yeah. See where it hooks into that other shopping center. Right. Behind Moby Dick.

Yeah. That is correct. And as I said, Del Taco will be in here in a month, maybe sooner than that, asking for the exact same waivers and variances, and it's really due to the layout of of what's already out there.

And I can see the employee parking. Yeah. Okay. Thank you.

Any other questions to Ted?

Yeah. Ted, show me the queue line. I know it's a little off topic, but since we're gonna decide where the parking is, possibly putting it in the back would script the queue line for the drive through.

So it it literally and I don't know how to describe this. I'll get up there. I'm gonna do my best, Beth.

Okay.

So you would come off Road, take a right.

Mhmm.

You would immediately go to the left, and that's where your queue line is. So it goes all the way around the building, and then there's two lanes.

So you're putting as much queue on that side as possible because

That will be served. But we also have two pickup lanes. Okay. So that will split. And, obviously, I know that we have enough stacking for the restaurant.

Stacking off Bardstown Road?

Yes. Okay.

So what's the business, Ted, and what what what does this company sell?

So they do carbonated drinks, energy drinks, nothing alcoholic, but it is, you know, hyper Cokes and dirty sodas, if you're familiar with those. It's it actually is, quite successful, out west, and they are slowly but surely bringing I I did take one. I brought one across the river in Indiana, and I think that was one of their first around here. I believe they do have one already here.

They have one off of Frankfort Avenue?

They have

one

off

At Waffler Level.

Waffler Level, and it was a traffic nightmare for a while. It's a question on the queue.

Understand that. Brew level of traffic. Right?

I was more like Chick fil A there for a while.

Okay. Well Alright. Well, it

looks like they have plenty of viewing.

We wish them success, and hopefully the traffic is no longer an issue out there. I I think that, you know, new new stores and restaurants and those kind of things tend to generate a lot of traffic when they open and and slowly kind of pan out to to where

It did, but I understand they still do a lot. Probably a lot of points in the day, they have more than the six or seven cars normally queue at most places. So

Well, I could say that about a few seven breweries I've passed too. It's amazing. I had no idea. Anyways

Any other questions? K. Thanks, Ted.

Thank you.

I don't think we have anyone else to speak. No one's online. Moving to deliberation, thoughts, and or motions.

Well, yeah, I mean, this makes total sense. I did a tour utilizing Google Street View, and there's there's very few businesses out there that have parking behind the building. I don't know that there was any in so the it's a traditional form district. That's what's necessitated this waiver. But in my mind, it it's it's really kind of a nonissue from my perspective.

I agree with Jim. Okay. Perfectly fit.

Yeah. Are you ready?

Yeah.

Sure. Okay. Then so in the case of 26 waivers zero zero four four, I make a motion that we approve the waiver from the land development code section five point five point one point a point three point a to allow parking to be located in the front of the building. I make a motion based on the staff report and our testimony today.

I'll second. Probably made motion second. Roll call, please.

Leonard?

Yes.

Mims?

Yes.

Stuart? Yes. Steph?

Yes.

Fisher?

Here. Yes. Thank you, Ted. Item number four, twenty six waiver zero zero four one. Waiver of land development code, Sydney Faucette.

Yes. Sydney Faucette, office of planning staff, 444 South 5th Street, 40202. This is 26 waiver 0041. The request today is a waiver from LDC section ten point two point four to eliminate the required 35 foot property perimeter landscape buffer area along the C 1 commercial and R four single family residential zoning district boundary. The subject size is little over half an acre, zone c one commercial in the neighborhood form district.

The applicant is proposing to construct 533 square foot cooler addition to an existing gas station. The applicant will be preserving existing canopy and provide new plantings along that property line where the waiver is being requested. This is a zoning map of the property. Again, C 1 adjacent to R 4 single family. And this is just an aerial of the subject site.

A street view of the subject property if you're looking from Shepherdsville Road. And this is a adjacent commercial property at the corner of Shepherdsville and Robs Lane. And this is the adjacent residential property, again, where that waiver requested. This is the site plan, and then highlighted in green is, again, where that requirement is and where the waiver is being requested. Staff finds that the requested waiver is adequately justified for approval based on staff's analysis contained in the standard of review.

As I said previously, required plantings will be provided along that eastern property line, and then the addition will be constructed in accordance with applicable building codes. And your required action today is to approve or deny the waiver from LDC section ten point two point four. Any questions for staff?

It looks like the same ownership of the service station owns a strip of land right next door.

Mhmm.

Is that part of the your calculation? Or

It's just based off the zoning district boundary. It's not based off of, like, property lines. So even if the zoning district boundary was in the middle of this property, the waiver would still be requested. Okay. But they are buffering from themselves.

Okay. Is Bluestone here? Oh, there he

is. Yeah.

Okay. No other questions. Chris, would you like to speak?

Howdy, good afternoon. Chris Crumpton, Bluestone engineers, 4350 Brownsboro Road, Suite 110, Louisville, Kentucky 40207. I'll try to keep this simple. I've got a little exhibit here. And, Beth, you hit this right on the nail. So if you see the existing gas station there, the proposed cooler addition is on the east side in red. And so that is about a 15 foot addition, which will stop just prior to the required 15 foot building setbacks. We will not be in the building setback. And that's the yellow line. The blue line is the required 35 foot landscape buffer.

So the existing building is actually within that already. So this isn't something that we created with this that's already in violation. And if you'll notice, there's a strip of land just to the east of that, which the same property on our own. So the Shell Station LLC, they own that piece of strip land that wraps around it, which provides an approximate additional 15 to 20 foot buffer even behind the strip that we're talking about. So, this project's going to clean this site up quite a bit.

The repaving, restriping, writing street trees out front to meet current landscape requirements. And so with this cooler addition, we actually don't have any type of screening currently, between the commercial and residential zoning. This will provide additional screening, when we provide these plantings. So, and then to the south, that property at that corner, the southeast corner, kinda opens up. It's like a big field right there that backs up to the school. So, with that, I'll answer any questions.

Questions of Chris?

How far is this new structure gonna be off the property line?

It's 15 feet off the property line. So it it will stop just short of the 15 foot required setback. So we will maintain 15 foot landscape buffer in there. And and another point to note, currently that area is asphalt pavement. So where we're putting this will be within that area that's currently asphalt pavement as well now. So

Just out of curiosity, the other building, is it still a liquor store?

The other building to the south of this? You know, it's been a couple different shops. They've had some, I think it's like a Mexican Fiesta thing now.

I think you're right because I've seen some trailers. Right.

Right.

Right.

I think you're right. I was I was just curious. And it's been a while since I've been over there.

Yeah. So this cooler is not, supporting that, if that's what the question is. This is just for more cooling space inside the store.

Okay. Thank you.

Yep. Any other questions?

Just shows up as a smoke shop. I don't know if this is a current, you know, map or not, but that's what shows up in the

It's changed a few times. So yeah.

Yeah. It's it's been a small liquor store, smoke shop. Like I said, I I think it is a Mexican restaurant now, and they have food trailers there to take out.

No more questions, Chris? Thank you. Is there anyone here to speak for or against this? No one's online? No. K. Moving to the deliberation. Any thoughts or motion?

They're just they're adding on to their old gas station convenient type deal. Just sounds like they're putting in a beer cave like all the others. So no problem. SP Way does it all the time. I have no problem with it.

Yeah. I mean, I think we're probably I mean, getting some improvements, some investment on that corner. It looks like it could use a little help in some landscaping too bad. It doesn't rise to the level of some sidewalks there, but that's not the case. And so I I think this is probably the right thing to do, and we're getting a a buffer area that we don't have right now.

Anyone want to make a motion?

Sure. I'll I'll take it. Okay. So in the case of 26 waiver zero zero four one, I make a motion that we approve the waiver. Yeah. We approved the waiver from the land development code ten point two point four to eliminate the required 35 foot property perimeter landscape buffer along with c one commercial and r four single family line or zoning district boundary. I make the motion based on our staff report and our testimony we've presented today.

I'll second. Properly made motion and second roll call.

Janet? Yes. Stuber? Yes. Steph?

Yes.

Mims?

Yes.

Fischer?

Yes. Alright. Thank you. And our final case of the day, 25DDP0102. Revised detailed district development plan with associated waiver. Howard.

My face is

Or Rachel again.

Rachel. Why don't you just stand

up here and do it all?

I should have. Alright. 25DDP0102. This is for a T Mobile switch renovation at 11509 Commonwealth Drive. This is a waiver from Jefferson Town land development code ten point two point four to allow accessory structures within the property perimeter LBA, and then a revised detailed district development plan with proposed binding elements.

This is in the, PEC, Planned Employment Center, Zoning District and the Suburban Workplace Forum District. Is currently developed with a approximately 24,000 square foot telecommunications office building. The applicant has submitted a revised development plan that includes three generators and then a small 950 square foot addition and some electrical equipment and a dumpster within the landscape buffer area. And so the Jefferson Towne Land Development Code requires a property perimeter LBAs remain free of all developments. So you'll see that it's a very small encroachment into the buffer area, but the Jefferson Towne Code requires a waiver if there's any structures at all inside that LBA.

This is the zoning. It's in the industrial park, so it's all PEC zoning and suburban workplace form. This is the aerial image. This is the existing office building. Most of the work that you're gonna see on the plan is going to be on the eastern side behind the building.

This is the existing building from Commonwealth Drive. And then this is the adjacent property, another office building. And then, again, another office building next door. And then across the street, similar development. So you see here, like I said, most of this is gonna be contained to the rear of the building.

So you can see what's outlined in red there is additions, the generators, and then some electrical equipment located in that landscape buffer area that's on the very top plan north on that side. And these are the proposed elevations. Again, you can see most of the work in additions is going to occur behind the building. So the waiver is located again in that landscape buffer area where they are gonna be removing some trees in order to, it's my understanding, the applicant can confirm, to place some of this equipment inside the buffer area. Staff finds the requester sufficiently justified for approval.

The landscape buffer area will remain fully screened by the plantings and the eight foot tall fence that's required screening. It can also be an evergreen screen. The proposed addition and generators represent a minor modification, and, the waiver maintains safe vehicle clearance and adequate on-site circulation. And so, your required actions for these will be, to recommend for both. So to recommend to the city of Jefferson Town to approve or deny the waiver, and then also recommend, that Jefferson Town approve or deny the detailed district development

plan. Any questions?

Questions? Yeah. Get the record straight. Is it three generators or two, three megawatt generators?

I believe it's two, three megawatt generators.

You said three generators.

Yeah. Yeah. That's on me just for taking over for Tyler. I believe it's those two generators that you see there on the plan, the adding two generators.

Yeah. I just wanted to make sure so we get it on record.

Yep. But the applicant can confirm.

Okay. Alright. Thank you.

Just out of curiosity, this building is all is being exclusively used by T Mobile. Right?

I don't know the answer to that. The applicant can confirm. I assume yes, but I

Okay.

Can't say.

Thanks.

Okay. Any other questions? No? Let's see. This is online or speaking for the

applicant. Ellen? Hi.

Okay. Great. I was able to unmute there. Hi. I'm Ellen Haley Tracas. I'm with the architects group for this project. Yes. I can confirm there's just two generators. We talked them close to the building as we could. And the main thing I wanted to make note of is we have sent all this information to the city of Jefferson Town. They had a couple of requests that was the sort of landscape arboretum at the back, adding three new trees on the site at the back, and then, screened fencing at the utility areas, and we've added all of that into the design. So just wanted to, be clear. We've been communicating with Jefferson Town on what their kind of requests are.

Ellen, would you, please give us your full address and your full name?

Sure. My name is Ellen Haley Tracas. I'm the architect on this project, and I'm located out of Kansas City. My address is 1600 Genesee Street, Suite 837, Kansas City, Missouri 64111.

Thank you. You can continue if you have anything else additional you wanna add.

I can just, update on the question that was asked. T Mobile does occupies about half the building, a little more than half the building. There's, there's a separate, kind of loading distribution office area on the other part of the building.

Any other questions for Ellen? K. Thank you very much.

Thank you.

Is there anyone else here to speak? Or, again, is there anyone online? Okay. Moving to deliberation. Commissioners, remarks and or motions?

I'd like to make a motion on case number 25DDPDash0102 that we, on the waiver, we recommend that we approve the waiver. Jefferson Town development code ten point two point four point b point one to allow accessory structure within the property perimeter landscape buffer area based on testimony heard today in the staff report.

And it's it'll be a recommendation to Jefferson Town to approve?

I thought I did. Okay.

It's a recommendation, but it wasn't clear whether it was recommending this group approver Jefferson Town. So I just want

Oh, re re recommendation to JTAP. K. I'm sorry.

No problem.

Sure. And I second that.

Probably may motion and second roll call, please.

Lennar? Yes. Stuber?

Yes. Mims? Yes. Steph?

Yes. Bishop? Yes. Okay. Motion passed. No.

Here we go.

And then

on the piece?

25DD p Dash0102. I recommend it to J Town that they approve the revised detailed district development pan plan with proposed binding elements based on staff report testimony heard today.

Second that.

Probably made motion and second roll call.

Leonard? Yes. Stuber?

Yes. Staff? Yes. Mims?

Yes.

Fischer?

Yes. Is this gentleman here for some? Oh, he's hanging out with us today. Okay. I'll make a motion we alright. Yeah. Steve made the motion.

That'll be it. Thank you.