Planning Committee - Regular Meeting

Opening statement. This is a 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. Number 1, please silence all cell phones number 2, please be courteous and respectful to all. To the committee and your fellow citizens number 3 for those participating virtually chat messages are not part of the record and not monitored by all members. Please refrain refrain from sending messages to the panel. If you have any questions, or we'd like to speak on the 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. Priorities 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. Procedure shall be as follows number 1 staff will present a summary of the request number 2 applicant or representative will make a statement presenting or presentation giving the reasons for the request number 3 other persons in favor of the proposal will be heard. Number four, the opposition representative will be heard. Number five, those opposed to the proposal will then be heard. Number six, the applicant or their representative will then have the opportunity for rebuttal or opposition's testimony. No new testimony shall be given during the rebuttal. Number seven, if 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 otherwise required or recommended, the case will be placed on the regular agenda of the next planning commission for further discussion and action. The committee may ask questions of the applicant, the representative, or opposition at any time. Could I have a roll call, please?

Leonard?

Present.

Stuber here means you step here fashion here.

All right 1st item item number 1 is the minutes from June the 626 DRC committee members have you had a chance to look at it and if so their corrections are a motion to be heard.

It's June 3rd chair fishers June 3rd was the meeting okay.

June 3rd, 2026, I make a motion. We accept the minutes of the from June 3rd.

2026 2nd, properly made motion in 2nd, roll call please.

Yes, yes, yes. Yes. Yes.

Yes. All right under new business, um, item number two on the agenda twenty five street closure zero zero one two.

Tyler put in ski Tyler's not here, so I'm going to present on his behalf. Rachel Casey office of planning staff four four four south fifth street four zero two zero two.

Looks like we might have technical difficulties today.

Okay, so this is twenty five street closure. Something zero zero one two, it's for North Sharon Avenue, which you'll see is part of Trinity high school. So, the request is closure public right of way requesting the closure of 1,227 linear feet of right of way along North Sharon Avenue between Shelbyville road and West port. I believe the requested closure is intended to enhance student safety by limiting vehicular access on the corridor during the school year. Yes, I was right. Shelbyville and Westport. So there is North Sharon avenues. You can see the zoning all here is commercial with a residential neighborhood to the east. But generally, this is a commercial corridor along Shelbyville road. And then this is an aerial map. You can see the Trinity high school sports fields as well as parking related to that. And the school itself is out front there on Shelbyville road. So all of the adjoining property owners along this portion of North Sharon Avenue belong either to Trinity or to the archdiocese. This is a view into North Sharon Avenue from Shelbyville road. This is looking south down that Sharon from Westport road. And then this is the plat you can see it's kind of broken up into 2 pieces. So the northern most against Westport road, then it comes down goes up to the plan north again and then goes all the way down to Shelbyville road. So, staff finds that the proposed closure will maintain public facilities and all agencies have been addressed and the applicant received consent to street closure for more than 51% of adjacent property owners. Therefore, your required action is to place on the consent agenda at the next available planning commission. Any questions for staff.

Does St Matthews have a say on this?

Yes, the recommendation at planning commission will be a recommendation to the St Matthews City Council for final approval instead of the Louisville Metro Council.

Okay. Thank you.

Okay, thank you very much. Um, Ted.

Ted Bernstein, Landsat and Development, 503 Washburn 4222.

And I can start off by just talking, really. I know a lot about this. I don't really need a presentation. This street closure has been looked at for years by St. Matthews. And, oh, excellent. Next slide. So, this is the site, obviously North Sharon Avenue, and 1 of the influencing factors on this was there was actually some commercial buildings on the plan East side of the property that were not owned by Trinity or were rented out to commercial entities. Those have all since either been bought or the leases have been expired and the tenants have been moved out. Next slide.

This is the road closure plan. Next slide.

This is a street view, so I think what's important to note about North Sharon is almost every parking lot that Trinity has feeds off of North Sharon Avenue. There's even parallel parking off of it. And what I would say is that the buildings that are slowly being brought into the Trinity campus that are finally allowing this to happen are being revitalized and reused for student classrooms and workspaces. So we now have a tremendous more amount of foot traffic, pedestrian traffic going from 1 side of Sharon to the other side and vice versa. There's multiple crosswalks as you can see next slide. And once again, parking lots next slide this was taken yesterday. So note the lack of cars during the summer months. Uh, but I can tell you that during the school year, this is absolutely full. Um, there is absolutely no place to all the parking lots are 100% full. And it does create a situation where you have students crossing the street during the day and to introduce public traffic into that environment too does present a safety issue for sure. Next slide. So this is just kind of some highlights and I'll go through them really quickly. They do on both sides of Sharon Avenue. They own all the properties. We met with St. Matthew's Fire and Rescue. They were actually very much, they would like to see this happen. They also feel like there's a safety issue here. And so they were actually complimentary of this application and wanted to see it happen. The city of St Matthews does support the road closure. We've had multiple conversations with the mayor, planning staff, county works, their works department, Keenan. Everybody's in agreement that this is probably a good idea. As I said, Sharon Avenue serves as the main thoroughfare for almost every parking lot that Trinity utilizes. There is some on the opposite side of the building. There is some public parking to the north off Westport Road. But for the most part, it's all confined off Sharon. As I said, so, as these properties are acquired and redone, we do start seeing more pedestrian traffic crossing in both ways. Hence the need for higher safety marking and crosswalks and all the things that are associated with that. Um. Number eight's important. If the application is approved and goes to St. Matthews, we will begin to phase the actual closing of Sharon. It won't actually be per se gated, but the idea is to put up speed humps so that people that are cutting through from Westport to Shelbyville Road, they tend to go kind of fast. It's an easy cut through. Uh, the road next to it actually has a traffic light. Um, so they tend to cut through Sharon and it's a straight. It's a drag strip. I mean, that's what it is. So so we'd like to introduce some traffic calming devices, some better signage for some crosswalks. Um, and that's how we will start to shape the fact that this is no longer a public road. Uh, next slide and with that, I will answer any questions that you may have.

So, can is this when it's all said and done, are you going to completely close this?

That is not the idea. The idea is that possibly in the future, it may be possible to provide gates. On 1 end during correct and so during this, and that with those would mostly be used during the school day. The idea is not to shut the road down completely and gated off and call it done. I mean, it's still going to be utilized for vehicular traffic. And obviously, you know, in our discussions with the fire department, if we ever get to the point where we want to provide gated access at 2 points. That makes sense, which would mostly encompass the student parking. That we would obviously provide an ox box and the other kind of alarms that emergency services would need.

Okay, yeah, that's that's what I was worried about as long as that. We have access to emergency equipment, so that's correct. Thank you.

No problem. I have a couple of questions, maybe for you, Ted, or for Rachel is all this documented. Do we have documentation from St Matthews fire district? The city of St Matthews gift on all this.

We have documentation from the fire department. Um, documentation from St Matthews will come obviously, I think, in the form of their vote. I can only relay to you what my personal conversations with them has been. Um, but, yeah, we, we obviously had to get sign offs from various agencies that were okay with it.

And I'm kind of glad you reference what they, when you look at this from its initial presentation, I'd say, why do it? If you're going to still have traffic going through there, why should the government close the right away and give it to Trinity high school? Right. But, and you can do speed humps under the speed hump policy. So I'm not, again, I'm not quite sure why this is being requested other than, it just seems like a land gift to Trinity High School.

So I think it's a couple of reasons. It's my understanding that there is some, legal responsibility that they could possibly have if somebody were to get hurt on sharing and so the idea was that you know because this essentially cuts trinity high school in half that by closing it providing better traffic control devices crosswalks those kind of things that that would alleviate some of the legal responsibility for That road, that's my understanding. Um.

Yeah, and I and, uh, but for the fact that it's going to say Matthews, and they have the ultimate sale, and I wouldn't be in favor of this at all. But, uh, you know, if it's going to them and they're on board with it, then that it's their decision. We'll pass it along. Right. I appreciate that.

Any other questions for Ted? Thank you, Ted.

Thank you.

Do we have anyone online? We don't have anyone signed up. We'll move into deliberation. Any remarks?

Any motion?

Well, it makes good sense since Trinity owns both sides of the street that they control the through traffic. We've done this before with a business that owns both sides of the street so they can Control the going through the traffic.

So I agree. It's been a cut through for a long time and I've used it and everybody else that lives use it. So, you know, and and Trinity, it's gone a long way as they've they're expanding their campus where they can and there's no need for public access to that property that I can see. So.

Drivers currently avoid the traffic signals at Shelbyville Road and Chenoweth Lane and Shelbyville Road and Ridgeway Avenue because it takes a very long time for those signals to change. If this road is closed, then people are going to drive through Ridgeway Avenue, the next street over, which is a very narrow road with limited visibility and landowners parking on both sides of the street, which sometimes causes just one lane of traffic to be available. The correct thing to do in this situation in a highly congested St. Matthews area that can ill afford the closing of any road would be to do the following. When I drove through the street at 6am this morning, I counted 3 crosswalks. stop signs should be placed at all three crosswalks and then four speed bumps should be installed equidistantly between Shelbyville Road and Westport Road. In addition, the posted speed limit at this location is 25 miles per hour. That should be reduced to 15 miles per hour. In this way, Irresponsible drivers will avoid this area but responsible members of the general public that want or need to use this road can continue to do so the city of rolling fields recently lowered its speed limit from 25 to 20 and installed speed bumps which dramatically reduced the speed and enhanced the safety of the residents by doing this the students will be much more protected And yet we're not closing a road that my opinion is still vital to the general public while the joining landowners may have voted on this. The general public did not. And most of the people that use this road are members of the general public. We did not vote on this situation. So, consequently, I think the plan of action that I described should be done instead of closing the road.

Just a reminder, the, the action today is just whether it's ready to go to planning commission for the actual. Hearing, or I guess decide whether it goes on the consent agenda versus goes on the public hearing agenda. That's. Is it ready to go to planning commission a step 1 and 2 if it is ready to go to plan commission? Do you want it on the consent agenda or do you want it on the public hearing agenda?

Yeah, that's correct. That would be the vote. Um, if there's some concern about. Um, not wanting to recommend approval, then staff would recommend that. It be placed on the public hearing agenda for the planning commission rather than the consent agenda.

Yeah, and that would be my vote at this point. I, I'd like to have have this go to a public hearing. I'd like to have Kenan Stratman. Or Jim Birch, uh, there to, you know. verify what i agreed in the title of what uh what commissioner lantern on this this thing is used as a cut through uh the applicant freely admitted it uh so let's figure out the best plan if we're gonna close it then let's do it right joe and i will just need to confirm if there needs to be additional notice based on the street closure

Regulations in the land development code, so it may not be able to go to the planning commission tomorrow. Right? The only.

Thing I would say, yeah, but I mean, I think the motion could be to put it on the next available planning commission agenda in public hearing and then you all can figure out determine what what that looks like.

I think, um, you know, going to the planning commission where it needs to go. I significantly disagree with my colleagues up here. And I do believe that Trinity is, you know, has grown and to continue the pattern of public transit, public access through there. It's kind of silly. So I support turning it over to them and making them responsible for it. They're going to have to have some access to all their parking. Everything is centered off that street. So it's not going to be able to, I don't see how they could put up gates, but. Who knows so someone want to make a motion sure I'm ready to make a motion if you're okay.

So, in the case of twenty five street closures, there was a one to make a motion that this case be placed on the public hearing agenda for the next available planning commission meeting.

2nd, properly her motion and 2nd, roll call please.

Yes still work yes means yes step yes Fisher yes.

Okay next item on the agenda item number three twenty six street closure.

I sixty five central quarter project and before Isaac steps in I believe public works was the applicant on this one. So, I think Beth is going to recuse herself.

Okay.

That's for you refusing yourself.

Yes.

Is actual your office of planning for 44 South history, Louisville, Kentucky, 40202. And as just stated, this is the street closure request for the 65 central corridor project for East Jacob street. Uh, the request closure and public right of way pretty straightforward case summary. Uh, they're proposing to, uh, close approximately 190 feet of right of way between, um, or on East Jacob street between South brook in South 1st streets. Uh, and it's requested for the 65 central quarter project. Interrelated work, this is the zoning of the area in general downtown. Generally speaking the next slide will show a closer up aerial of the proposed area to be closed. Next slide please. Again, this is just the general area to be closed. And then this is just a photo looking down East Jacob from South Brooke. And staff finds that the street closure has been justified for approval based on the staff's analysis in the standard of review. And the required action is to place on the consent agenda at the next available planning commission.

So, questions, what are you going to do with it when you close it?

I'm sorry, what are you going to do with it when you close it?

Well, it's going to be used for the work being done for 65. so.

So, we're just closed in for the. Just for the construction.

No, it's my understanding based on their application that you see on some of the bridges that they're replacing. They don't actually intend to replace them with bridges. They intend to replace them with a built up fill that will completely. So, instead of being a bridge over the roadway, they're going to completely create fill to bring it all the way up. So it will actually be on solid ground now.

So that's why they're requesting the underpass is going to disappear.

Yeah, basically the underpass would disappear. It would be replaced with land that would be built up for the road to be on.

Yeah, I just wonder that because I didn't want it to become another shelter.

Miss Casey, did they give you a reason why they want to do that?

In their application, they did not state why they wanted to do it that way. They just stated that that is what they would be doing.

Was this the Kentucky Department of Transportation?

Yes, this is the Kentucky transportation cabinet, public works, metro, public works made the application on behalf of the Kentucky transportation cabinet since Jacob is public works is. Uh, road, not the state's road. It's metro's road. Thank you.

It's probably 1 less over past that.

Well, yeah, so. But I guess I wonder, Zach, you're the professional here. How does this shuck and jive with the connectivity part of the Chase Principles? How does it connect to the Chase Principles?

Yeah.

I mean, it's connectivity is letter number one in Chase Principles. And it seems like with this action, we're kind of taking that away. And I'm not trying to be a jerk here.

No, no. I mean, I get the question. It's a good question, but I mean, with the connectivity in the area, there is still. General connectivity, but I mean, this is for the interstate. Which would also help with connectivity throughout the city. Um, something that I guess would be my response to that.

So who uses Jacob Street? I mean, is there?

I've used it. Yeah.

I mean, they're just going to seal it off. There's not going to be any.

Sounds like they're going to do it either an embankment or an MSC there. And mechanically stabilized earth.

Yeah. That's that's what it is. Thank you for giving the correct term there.

Correct engineering term. So.

Okay.

Uh, any other questions is that so this.

Probably has some time sensitivity to it since this. Yeah, terrific.

Um, they only got 2 months left. Well, 6 weeks left.

I mean, otherwise I'd be saying, let's take it to a public hearing, you know, and now our backs are up against the wall. Um. And I'll be announcing to the public. Hey, we're gonna have to have this roadway closed another 3 months. That's not going to.

Fly very well is Casey if this passes, are they planning to do this by July 31?

I do not know the answer to that. I don't know if they're planning to do it in this round of repairs or in a future round of repairs. We were not informed of that in the application.

Thank you. But this would be a recommendation to Metro Council, right?

Right. This is still a recommendation to Metro Council.

So our options is to move it along and send it to Metro Council and let them kind of deal with it.

Yeah, it's either it's the same thing. Your options here are the same as the previous 1, either place on the consent agenda, which would go tomorrow and then get forwarded to Metro Council or place on a public hearing. The next available public hearing, we did look, it is a required 30 day notice for the public hearing on the street closure. So it would take a little bit more time. The only thing I will say is that because of the Metro Council, the upcoming Metro Council break, it may be that. That extra 30 days doesn't actually affect the new business deadline at Metro Council. So there actually may be some wiggle room on. On that, if you wanted to go the public hearing route.

So, is the bridge still there and have they torn it out as they're still there? Yeah. So it's not part of the project that's currently going on.

Well, they're probably working, but maybe temporarily closed for the central corridor project. Um, but, you know, this permanent is a bit different deal and as commissioner Leonard, I mean, I use that road. Um. Not frequently, but I use it and, uh. And so I don't I don't know what to do.

I don't know, I never have liked it because you're sitting there to stop sign on Jacob and you've got a. Off ramp coming all the way down with no stopping so. There's a potential for a wreck there. for people not paying attention. I don't think it's used that much because it's south of Broadway and you really don't have that much going on right in that area.

So Public Works of Louisville has approved this, right?

They've reviewed the plan and they were the applicant so that it was ready to get docketed. Yes.

It does appear. I just want you to know that I looked on the, uh, I sixty five central corridor project website and they say that the only bridges they'll be replacing during this phase are, uh, do not include this 1. Kentucky brook street hill street and Bradley Avenue bridges are what are proposed during this particular phase of the project. So this is most likely this request is most likely for a future phase of the project.

Okay. Well, I, I think, um, is there any, is there anyone else here to speak no one online or anything like that? Right?

Yeah, this, this, uh, um, also had, it was all adjacent to Kentucky right of way, uh, you know, Kentucky state's right of way or Louisville Metro.

So, uh, why shouldn't we just approve it and, and give it to, well, just be a recommendation.

Well, and I mean, this is really a decision of whether you put it on the consent agenda or. Public hearing that's today's decision and then when it gets to planning commission, then you can have a discussion about. Whether you do forward it to counsel with a positive or negative recommendation.

So, and I know you probably can't answer it, but I'll ask a question anyway. Did you get a sense of the. The urgency of this request, uh, Rachel kind of alluded to the fact that, you know, maybe it's not a big deal whether this gets approved. You know, today, or whether it goes to a hearing.

Yeah, I mean, that's up to you all. Um, but. Yeah, that's an option to go to the public hearing. I mean, there was no really since there was just ready to go because agencies had given preliminary approval.

So, let me ask another question who is notified of these street closures.

So, in this case, since there were all properties that were owned by Kentucky, it was just sent to gov delivery of that council district.

So, I mean, you know, the, the old Walgreens at Broadway and in Brooke, you know, they wouldn't have been they wouldn't have received a notice or anything like that.

No. Okay. Unless they had subscribed to the delivery for that council district. What about Norton hospital? No, okay. I mean, yeah, they wouldn't have been noticed.

They wouldn't have been on the mailing list. I'm inclined to have a hearing on this and just get it clear the air, make sure that we're doing the right thing.

All right, you want to make a motion?

Sure. Okay, so in the case of twenty six street closure zero zero zero eight, I make a motion that we place this matter on that many commission public next available planning commission public hearing date.

Second properly made motion and second roll call please.

Yes.

Yes.

Yes.

Yes.

All right.

Uh, next item item number 426 waiver. 0, 0, 4, 9. Kevin pressure. Oh, that's the cancer Catherine Gomez.

Kevin. Good afternoon. Catherine Gomez office of planning staff for 4, 4, 4, South 5th street. We'll Kentucky for 2. 0, 2, as you said, this is 26 waiver. 0, 0, 4, 9 for concrete kingdom at 6319 parts town road. The request is a waiver of the land development code to permit outdoor sales and display area to exceed 800 square feet. This is a commercial zoning and district in the town center form district. The site is approximately 1.5 acres. The site is currently developed as a retail space for outdoor yard display. So no new construction is being proposed today. The existing outdoor display area is exceeding 800 square feet. The applicant is requesting around 3500 square fee of outdoor display and sales area, exceeding the requirement by 2700 square feet. As you can see, it's all within the commercial zoning area along parts town road. Next slide please. This is the aerial view of the existing site conditions. Next line, this is the front view of the property along parts town road. As you can see, there's a ton of display. This is their retail business that they're doing next line. And then this is adjacent commercial this along the south of parts town road. And then this is commercial to the north of parts town road and then on the next slide, you'll find some more commercial across the street. And then here's where the waiver would be applied as I mentioned before this is a yard display business. So they want to have outdoor sales and display area where the blue squares are blue rectangles and the back of the property. Next slide. Staff finds that the waiver request is adequately justified for approval based on the analysis contained in the standard review. The waiver will not adversely affect adjoining property owners and is the minimum extent necessary to afford belief to the applicant. So your required action is to approve or deny the waiver today. Do you all have any questions for staff?

Catherine, is this the old nursery on Bardstown Road?

The old nursery?

Used to be, yeah, yeah, it is. Okay. Thank you.

And then the applicant is here for questions. As well, any questions.

Catherine, thank you. I have 1 person that signed up Tony woods. Yeah, I was just here to answer any questions y'all.

Thank you very much. Uh, does anyone have anything they would like to ask Tony?

No, I just make 1 request. Um, it would be best to locate all your, um, display off the right away.

It's already been done.

Yeah, I went by there today and it, uh, it did appear that it may have been time to understand.

So, it's on the reporting state your name and address.

Carl Woods, 1001 Old Highway 31, Jeffersonville, Indiana. 47129.

Yeah, so the question was, has the display been removed off the right-of-way? And you've indicated yes. So it appeared when I drove by there today that it had. So thank you.

Thank you, Tony. Anyone else that wants to speak for or against this project?

Oh, could I ask a question?

Yeah, Tony come back up.

Steve has a Steve has a question for you. Many of these displays on barstown road are unsightly. Are you going to commit to keeping everything neat and orderly?

Oh, yeah, that's important to me.

Okay, thank you very much. I see anybody else want to speak for against this. Project okay. Is there anyone online? It doesn't appear to be. Okay, we'll move into deliberation. Uh, any member here have a.

Anything to say, well, I'm comfortable with this request. I mean, it's, um, you know, it's a retail area, um, and, um, you know, it's kind of. Goes along what's out there now I agree with you.

He's utilizing the space he has and the product is selling his concrete statues that. Need area to put them out. So I have no problem with this. Okay.

I hear a motion somewhere.

Anyone else have remarks or a motion? I'll make a motion on case number 26 waiver 0049 that we waive the land development code, approve the waiver, the land development code section 4.4.8.C.1.A to permit outdoor sales and display area to exceed 800 square feet based on staff report and testimony heard today.

I second.

Properly made motion in 2nd, roll call.

Yes, yes. Yes. Yes. Yes.

Yes. Motion carries item number 526 waivers. 063 Sydney faucet.

Yes, Sydney faucet office of planning staff 444 South history 40202. this is 26 waiver 63. Other requests today are a waiver of the shyly land development code table 10.1.2 to not provide the required tree canopy coverage area. And then a waiver of shyly land development code table, 2.10.2.6 to not provide the required 10 foot vehicular use area landscape buffer and associated plantings along Gagel Avenue. The site is about 0.88 acres zoned C2 commercial in the suburban marketplace corridor form district. The subject site is currently developed with a drive through restaurant and 46 parking spaces at this time. No new construction is being proposed as part of the land development code. The applicant is required to provide 18% of tree canopy on site. Uh, they are proposing to provide roughly 7 and a half percent. Um, and then the applicant is unable to provide the required buffering and plantings along giggle Avenue due to sidewalk construction by Louisville Metro. This is a zoning map again, see to commercial next slide. That's fine. And this is an aerial of the subject property. This is a subject site if you're looking along giggle Avenue. This is an adjacent property across giggle Avenue. And this is some more adjacent properties along Dixie highway. This is just a site plan showing where they're going to try to provide trees on site is very limited with how much vehicular circulation is on the bottom. You will see in the blue bar where that waiver request for the vehicular use buffer area is where they cannot provide that buffer in plantings. Staff finds that again, Louisville Metro will be constructing a public sidewalk, which does prevent the applicant from complying with the Shively Land Development Code. The applicant is making a good faith effort to provide as many trees as possible on site and the requested waivers are adequately justified. And then your required actions today are to recommend that the City of Shively approve or deny the two waiver requests. Any questions for staff?

I have a question. You said Metro is providing the sidewalk or is this applicant building?

It is the applicant doing it. No, the Louisville Metro will be taking part of their right-of-way to continue an existing portion of the sidewalk that's on a further development on that same road. So this is not what the applicant's doing.

Yeah, I mean, you can just tell by the way the kind of trail is out in front of it's needed. So, okay.

Thank you. Any other questions?

All right.

Thank you very much. Dan Pellicer.

Just state your name.

You got it close. Dan Pellicer, 2406 Glenview Avenue, Louisville, Kentucky, 40222. Here representing the applicant.

Do you have a presentation?

I do not.

Okay, just to answer your question.

Exactly.

Okay. Any questions of Dan. All right, thank you very much.

Thank you.

No, 1 else is signed up to speak. For or against this, and there's nobody on line. Correct.

I have 1 question and maybe for Beth. you know, relative to the sidewalk is it's needed. And so does you know how that's being funded? Um, there's a council person.

No, they don't involve me in that. So I have no idea.

Is it shy?

Steve would probably know Growski.

Okay, thanks.

Any other questions? Okay, I'll close the public side of this and move to deliberation remarks.

Committee members, yeah, I don't have any problems with the waivers. Um, I am curious about the sidewalk, but that's not what's really on the agenda today. So. I can make a motion if we're ready to go.

Please do.

Okay.

In the case of 26 waivers, 0, 0, 6, 3, uh.

When you approve these at 1 time, I make a motion to approve. I was going to try the recommendation to the, uh, a recommendation of approval to the city of shyly for a waiver of land development code table. 10.1.2 and, uh, land development code. 10.2.6 I make the, the waiver based on the staff recommendation and testimony we've heard today.

2nd, probably made motion and 2nd roll call please.

Yes, yes, yes, yes. Yes.

Yes. All right moving along. Item number 6 on the agenda is case number 26 waiver. 0, 0, 6, 5, um, river road, 45, 19 river road, single family residential Sydney.

Yep. Once again, Sydney faucet office of planning staff, 26, waiver 65. Other requests today is waiver from land development code table. 10.3.1 to allow a single family home to encroach into the required 75 foot Parkway setback. And then a waiver from land development code table. 10.3.1 to not provide the required 50 foot Parkway buffer along river road. Uh, the subject side is about 1 and a half acres zone are 1 and are for a single family in the neighborhood form. The applicant is proposing to construct a 7700 square foot single family home. Um, and because river river road is classified as a parkway. Um, it has additional setbacks and buffers than what is typically required in the neighborhood form. This is the zoning map of the property again, single family. This is an aerial of the subject site. And then this is a street view. If you're looking at it from a river road again, the backyard is the Ohio river. This is an adjacent property just south of the subject side. It is the adjacent property. And this is Jason property just across river road. This is the site plan showing the proposed house as well as the drive. And then again, these are the waivers. So both of those setbacks and buffers on the house is almost entirely within both of those. Staff finds that the requested waivers are adequately justified for approval. The proposal is compatible with other development along river road. And it will be construct constructed in accordance with applicable building codes. And then your required actions today are to approve or deny the 2 waivers. Any questions. You missed this, I did reach out to, and I think the applicant is currently working with and the health department to resolve any additional requirements. I have not. It's not been indicated to me that this is not able to be constructed. They just will have to go through additional steps with them.

I guess I'm the impression that it does not approve developments that don't have a flood free access. Is that your understanding as well city?

I am not entirely sure what MSD reviews and doesn't review. I did reach out to Tony Kelly, and he just essentially said that it's more of a health department issue, and they did not indicate to me that it was not impossible. All right. Thank you.

Tony's online. If you have any questions, I just brought him to the panel. He may be able to answer those. Yeah, that would be helpful.

Thank you.

Hey, Jim. This is Tony. Can you hear me? yeah i sure can thank you hey this is tony kelly louisville msd 700 west liberty street um so this is a very unique parcel they are um staying out of the 25-foot msd buffer um they will have to do um board of health approved sanitary sewers for this one um and with respect to the access issue that you mentioned jim the floodplain ordinance was reworded Um, so that only critical facilities, um. Such such as gas stations or fire or, um. Like child care facility, there's a whole list of critical facilities. Those are the only ones that are not permitted. in the instance that you don't have access out of the floodplain just because that rule um kind of yeah prohibited uh too much property throughout our community from being developed in ordinary uses yeah very helpful and thanks for answering that question and clarifying that point for us it will need to it will be elevated just like the rest of the riverfront um structures

Any other questions for Tony?

Sydney, will this lot be subdivided or will it have two homes on one lot?

As far as I'm aware, there are going to be no changes to the lot size and it's just a single family home. But I don't know if the applicant is here. Maybe, I'm not sure. As far as I'm aware, it's one home, one lot.

Thank you. Is it in the floodway or the flood zone?

It is in the floodplain. Yeah. I think the entire lot is.

But it's outside the conveyance zone.

Yeah.

Where the structure is proposed to be built is outside the conveyance zone. Okay.

All right. Any other questions? All right. No one else online? And we don't have any other people that are speaking for?

There's an applicant in the audience if you do have questions.

Okay. Does anyone have a question of the applicant?

I do.

State your name, full name, address, including zip code.

Mitchell Kirsting, 3235 Robin Road, Louisville, Kentucky, 40213. I'm the architect of record for the home.

Perfect. So will this home have a fire suppression sprinkler system?

Not at this time.

Okay, so if it catches on fire or disperse, it's non combustible. So it's steel and concrete.

Okay. And then once you elaborate a little bit on that. On the construction type.

Yeah.

Well, the construction type. Yeah.

Uh, so it's, um. Because it sits the road drops off right there down into the water. We did the gaffney house next to it. Historic preservation and the same owner. Um, and, um, so we know that the site really well, um. And, uh. Um, we are putting it, you know, following the rules with insurance and bringing it above the floodplain. We, we actually kind of just missed this parkway requirement. We had been, we'd spent about a year doing due diligence to make sure that we weren't wasting money and time to design something that couldn't be built. So, um, and, uh, because. The investment that the owner is putting this is his home. This would be his his primary home. He's moving to Louisville. Um. and we understand the ohio river and even though we can build it out of a lesser material probably like we would do on a beach with wooden poles and piles we're doing this with concrete and steel it's very view oriented what's what drove the footprint is really all the setbacks from the army corps the water and then the views We would love to get it farther away from river road if we could, if we had the opportunity, but this is kind of a balancing point for it.

Thank you.

Well, this new house have a holding tank, a septic tank or sewer service.

Currently, it's designed for septic, but we're going through the work with right now and we'll provide whatever is needed. The 1 adjacent to it has septic and then there was septic put in for the future house and it was a sequencing thing. So that's required.

We're going to put a lateral field on this small area.

Contractors here as well, he knows the type that we're using. It's the type that's, I guess approved for this type of location. You know, the type what that's called.

I, he'll have to come to the podium or you could tell me and I could tell him.

So the filtration happens inside the holding tank and the daylights into the river.

So it will be a holding tank, not a septic tank. Is that correct? Yes.

I don't know exactly.

There's no way you can put a septic tank or a lateral field or leach directly into the river. This would have to be a holding tank, wouldn't it?

Yeah, but this is going to be subject to MSD's approval, whatever it is.

I'm just asking the question.

Well, let's follow up on this line of questioning, um, because I, I agree with commissioner Leonard, um, holding tanks are kind of regulated by the health department. Do you have a letter from the health department that's been submitted to the planning commission saying they're okay with this holding tank thing?

Yes. Yeah.

Okay. Uh, and so, um. You know, has that been submitted to the staff? The septic I said, yeah, the letter from the health department. No, but we're, we kind of need that.

Well, we don't have it, but that's because that's not, it's not really what we're reviewing here. The only thing that we would review. Yeah, that would be when it comes to the building permit and then we wouldn't let them move forward. Right? The only request that they submitted to us was related to the Parkway buffers. And so we just have the evidence and information related to the Parkway buffer.

Thanks for putting me back on the track. Thank you.

Okay. Any other questions? All right. Thank you very much.

Thank you.

And there's no one else signed up or online, correct? Okay. We'll move into deliberation. Commissioners?

Well, based on what they're asking and based on Rachel's comment, you know, the waivers are I don't know how you do this project without doing waivers. Uh, and, uh, so I'm okay with the waivers. There's this, everything else that bothers me, but that's not what we're here for.

I agree. Uh, someone want to make a motion at this point?

Sure. So in the case of 26 waivers, zero zero six five, I make a motion that we approve, um, the waiver from the land development code 10.3.1 to allow single family home to encroach into the required 75 foot parkway setback and a waiver from the land development code 10.3.1 not to provide the required 50 foot parkway buffer and make the motion based on our staff report and testimony today second properly made motion and second roll call

Yes, yes, yes. Yes. Yes.

Yes.

All right item number 7 on the agenda. Case number cat 3, 0, 0, 0, 3. Power and looks like Rachel.

Okay, so this is twenty six cat three zero zero zero three for the hotel located at four one South fourth street. The request here is a category three development plan. Uh, the subject site is on C3 commercial. It's in the downtown form district, right? At the corner of 4th and liberty is also located in the downtown development review overlay district. The applicant is proposing to repurpose an existing office tower into a 414 room hotel. The renovation includes the construction of a guest drop off entrance and an 11,700 square foot ballroom addition above the existing parking area located east of the tower. It'll make a little more sense when we see the elevations here. So this is the zoning district, as I said, located at the corner of South 4th and West Liberty street C3 commercial in the downtown. Form district, here's the aerial image. This is the what was previously the 5th, 3rd tower. Uh, here's the existing building. This is from Liberty street. So the primary piece of the renovation you'll see in the elevations is going to take place right here in this parking lot area. They're going to build a structure over the parking lot area that will extend the building out. And then the parking area will be used for that. You see today will be used for a valet pickup and drop off.

This is across Liberty street.

This is on the other corner of Liberty. Here is the site plan. So nothing is changing about the tower as far as the site plan goes. Nothing's changing, but the tower itself, the main renovation is in that parking lot area where they're converting it to pick up and drop off. And then, as I said, building a structure that will be connected to the tower that will house a ballroom and other facilities. Here are the proposed elevations. Again, you can see a little bit more clearly there how that structure will be created along Liberty.

And then this is looking into the drop off area from Liberty.

And then this is if you're in your car and the drop off area.

They are making a, they are reconnecting to the alley back there. So that was that's 1 of the requirements of the code and they are meeting that requirement to reopen the connection to the alley behind Liberty South of Liberty. So, the proposal does meet the requirements of the land development code transportation. Transportation Planning and MSD preliminary approved the proposal. This request has already been heard by the Downtown Development Review Overlay Committee on May 18th and was approved under Docket 26 Overlay 16. And it will be constructed in accordance with applicable building codes.

So your required actions are approve or deny the Category 3 Development Plan.

Any questions?

Will this have any effect on 4th street live?

No, not on the, I mean, it depends on what effect you mean, but I mean, as far as. Before streets closed right now, it won't have any effect because it's pick up and drop off. Like, Liberty goes right there for streets closed right at Liberty. So they're just going to go that way. And then the parking area will still be accessible from Liberty. Someone have any effect.

Okay, thank you. All right. Thank you very much. Let's see. I have two people speaking, Doug Sellers and Michael Linker. Good afternoon.

Doug Sellers with Sayback Wilson and Lingo. That's 301 East Main Street, Suite 201, Louisville 402. I have a little bit of a presentation as well. I think. Rachel pretty much covered everything there. I just was going to kind of reiterate a little bit about what this, you know, what we're proposing is a 410 room. I believe it's 110 room. Marriott JW Marriott Hotel. So this is a copy or location of the site plan area zoning map. Next slide. Uh, these are just some aerial, uh, or some street view shots of the, of the site, uh, the tower itself, the alley at the rear of the site, the existing parking facility to the east of the building. And this is actually a shot from Liberty again, similar to what Rachel showed shown earlier. Next slide. Again, some additional shots, uh, this is the corner of 4th and Liberty right here. Um, also the, uh, Plaza area that's sits kind of along Liberty street, the extra wide sidewalk. And then another shot of the parking next slide. So, the existing tower remains as is it's going to be renovated into the main hotel. There is some additional property to the South on the 3rd floor of the. 4th street live building that is also part of the site that will be an additional ballroom. The main focus will be the area highlighted in. In the brown area there, that is the third floor ballroom that will be constructed over the port of share drop off area at the main lobby of the hotel. And you kind of see how it's oriented. The street shot there.

Next slide.

some elevations of the building showing how it's going to be remodeled and changed mainly from the fifth floor down or the fourth floor down. They'll be creating kind of a secondary facade on it with stone and metal to bring it more in line with the adjacent buildings that are more of the 19th century buildings that are in the area. Next slide. Again, just some elevations showing this is showing the entrance there along Liberty Street and the tower as it's been renovated. Next slide. A night kind of a night view looking at the 4th and Liberty intersection along 4th Street live there. Next slide. And this is a street view of the same area kind of showing the renovated facade at the intersection of 4th and Liberty. And again, the Port of Share entrance to the lobby area along Liberty Street. With a ballroom overhead, and this is looking up underneath where you drop off folks for valet pickup and then they would come out and they would go to the in this shot. They would go to the left into the alley to the parking garage at the rear. Next slide and that's pretty much it.

Any questions. I have a question.

Sure. Go ahead.

Uh, so the have 1st of all, I think it's a great project and activate beginning to activate the downtown again. And, uh, but the approved the building to the South, the coffin straws. I think it's coffin straws. Was that a part of the application?

Yes, it was approved.

It's been approved. Yes. Okay, cool. Thanks.

Any other questions.

Thank you very much.

Sure.

Uh, Michael linker.

Is Michael linker here or online?

He commented in the.

Commented in the chat that he didn't have anything further to add.

Okay. All right. Um, anyone else spoken speaking in favor of or against this and no one's online, right? Joe. Okay, we'll go into deliberation and I'll start it off by saying what a wonderful project this is. Um. Can't imagine anyone would be pros to it. We need another ballroom. So, I mean, that's seriously, is it going to cost 600Million be fine with me if it did. Okay. Um, anyone want to make a motion and.

Oh, sure. I'll, I'll do that. Um, yeah, good project and thanks Doug and, uh, and Mary on everybody else. But in the case of twenty six cat three zero zero zero three, I make a motion that we approve the category three development plan for this project. I make the motion based on the staff report in our testimony here today.

2nd, properly made motion and 2nd, roll call please.

Yes.

Yes means yes step is fishing gladly yes.

Item number 8 on the agenda today 9, 0, 7, orange be laying time 26 D. D. P. 0, 0, 1, 2, and molly share.

Molly Scherer, Office of Planning Staff, 444 South 5th Street, Louisville, Kentucky, 40202. This is 26 DDP 12 at 907 Ormsby Lane. The request today is revised detailed district development plan with revised binding elements. site is in the r6 zoning district the neighborhood form district and located within the city of london the site is approximately five acres the applicant is proposing to construct an 80 unit apartment complex with eight buildings four of them will be two stories with eight units the other four will be three stories with 12 units consisting of a little more than 100 000 square feet and 120 parking spaces the existing site is undeveloped and access will come from ormsby lane This is a zoning map of the property. It's surrounded by single family and multifamily. And this is an aerial of the property. This is a view of the subject property from Ormsby Lane. And then this is across the street of Ormsby Lane looking at the Linden Elks Lodge. This is looking west on Ormsby Lane at senior apartments. The street has been widened since these Google pictures have been taken. And then this is looking east from Ormsby Lane at more single family homes. This is the site plan. Staff finds that transportation planning and MSD have given preliminary approval. The site is consistent with the guidelines of Plan 2040 and the proposal is compatible with residential development in the area. Your required action for today is to recommend that the City of Linden approve or deny the revised detailed district development plan with revised binding elements. Are there any questions for staff?

questions yeah it the presentation kind of made it look like it was still r4 but it's already been rezoned by that case and yes that uh google imager is from 2021 um and the rezoning signs were out when it went from r4 to r6 but it's r6 now any other questions okay thank you very much thank you sophia

Sophia Mazzocco, 108 Daventry Lane, Louisville, Kentucky, 40223. And I also have a presentation. First, I just want to say thank you to Molly for their presentation. They did a good job explaining what's going on here, but hopefully I can add some additional context and answer any questions you have. I also have Tim Thomas from our office here. He's done the engineering design for this property pretty much since its conception back in 2019. So if you have any engineering-related questions, we'll bring him up here as well. But we can go on to the next slide. This is our site highlighted in purple directly adjoining to the West. We have wind in square senior apartments. There's also a mixture of single single family homes to the rear and to the East and then a variety of different housing types throughout the area. Next slide. Please. Here's our zoning map as Beth graciously pointed out. We are zoned R6. This was previously approved for the condominiums and we're just here today for a slight change in the plan. Next slide please. Here's the previously approved plan. Um, mainly just want to point out the number of buildings in the location of the buildings. Um, the number of buildings is not proposed to change. Neither is the location. We're just increasing some of them to 3 stories. If you'll go to the next slide. Uh, here's the plan largely looks the same. Um, the ones along the West side are the ones going to 3 stories and then we added some additional parking to accommodate the increase in units feel that's the next slide. Here is our proposed site. You can kind of seen it drawn in there. Um, mainly this is just to give you guys a better idea of where this site is. Um, it's very well connected via lane to new range road. Also a range road up there and then, uh, whips mill in her sport and Parkway out to the East.

Next slide please.

Here is our proposed development. The site directly to the West is senior apartments. Like I mentioned that entire building is 3 stories. Whenever this was, I guess, 1st. Started in 2019, this senior living department was also kind of on the same timeline. Obviously, it has been constructed and now we're here today to ask for this difference. We've got some next slide please. And then those are the 4 buildings that we're proposing to change to 3 story the ones along the East side and adjacent to single family. Are going to say 2 story we're preserving the tree canopy in the back, like the old plan to help buffer the additional signal senior family homes to the north from. These 3 story buildings, but we feel that because we're joined to that resource structure to the right. This is a nice transition across the property, but also provides some additional housing to meet the housing needs of this community. If you go to the next slide. And then just some context, this is the 3 story senior living to the left. You can see it's a much larger building than what we're proposing here. Um, but that's the basis for the request. Next slide please. Here are the building elevations for the 2 story buildings again. These are going to be still adjacent to the single family residential homes to the East. Next slide please. And then these are the 3 storey buildings. It's the same building just 3 stories. Next slide please and I know I did that quickly, but I would be happy to answer any questions you guys have about this request.

That 1, yes, so you're going to 3 stories, but you were approved for 64 units before you're still 64 units, right?

No, it's an increase from 64 to 80 units. Yeah. Okay. 16 additional units, but 20 additional parking spaces to have the same parking ratio. 1 and a half to 1 since then.

Yeah, but. a transmission line that's coming through the front part of the property. Do you have any improvements that are, I mean, you have a roadway that's going under that. What about the base? And is that in that easement? And if so, do you have some acknowledgement from LG&E that they're okay with this?

Um, the basin, I guess, is partially located within that easement. Um, I'd have to ask him who's been designing this if we have any sort of approval or any approval from required for that. Um, but you're right there's those large transmission lines at the front corner of the property, which is kind of the driving factor for how this property was laid out in the 1st place. Um, so if you have any other questions, I'll answer those and then I can pull him up to to answer that 1 as well.

No, it's nice seeing a freehand drawing of an elevation. I don't know who does that anymore, but kind of a different change.

A little old school. I still use pen and paper sometimes.

Bring Tim up here.

Hello, Tim Thomas milestones on group 1 away Devon, 3 lane suite, 300 Louisville, Kentucky 402 23. And as Sophia mentioned, and a little bit of background, the previously approved site with 64 units went through and had a construction design and review, had sanitary sewer approval, has designed water main plans, had MSD approval ready pending posting of bonds. We also went through LG&E and had their approval in hand. There's just a small, slight corner of the detention basin that projects into that easement, so they were comfortable with that.

yeah good thank you for answering that sure any other questions did you have anything you wanted to add i don't believe so okay thank you very much tim is there anyone else here to speak for against star online no all right commissioners what do you think

This approval goes to the city of London for final affirmation. Is that right? Okay. Yeah, I'm, I'm okay with it. I mean, I think it's, it's a great, it's kind of a hidden property that you really don't think about, but it's a good location. A lot of good development around it. So, um. I'm ready to make a motion. So, in the case of. 26 DDP0012, I make a motion that we recommend to the city of London approval of this revised detailed district development plan that's been presented to us today. And I make that motion based on our staff report that's been presented and the testimony we've heard today.

And did you wanna include the binding elements?

Oh, yeah, including the binding elements on, thank you, on sheet seven, beginning on sheet seven. I'm sorry. Uh, yeah, I'm getting on proposed new binding elements on sheet seven.

2nd, probably made motion 2nd roll call please.

Yes.

Yes. Yes. Yes. Yes.

Yes.

All right. Case number 926 DDP 0, 017 Preston Howie multifamily.

Abby bills, Abby bills, office of planning stuff, Louisville, Kentucky, or 444 South history level Kentucky for a 202. this is 26 17 on Preston highway. This is a request for a revised district development plan with revised binding elements. The property is on commercial neighborhood and in the neighborhood form district, it's approximately an acre and a half. The site is currently developed with a single family residents, a detached garage in a parking lot on the applicant is proposing to construct a 24 unit apartment complex and convert the existing structure into a duplex for a total of 26 units. The new construction will be 3 stories with 43 parking spaces. This is a zoning map of the property. And then this is the aerial you can see up on the top is where the existing structure is and then the detached garage is at the left. This is the view of the parking lot from Preston Highway. And then this is a better view of the existing structure from the adjacent property. These are the adjacent properties along Preston Highway. And then these are more adjacent properties across Preston Highway. This is the site plan, as you can see hatched on the left of the existing structures, and then the new structure is going to be 3 stories and 24 units and then the parking will be expanded on the South with a dumpster. These are the submitted elevations. Stuff finds that transportation planning and have given preliminary approval of the plan. It's consistent with the guidelines of plan 20, 40, and it's compatible with the scale and site design of the surrounding area. So, your required actions are to approve or deny the revised district development plan with revised finding elements.

Any questions can you go back to the plan or is that did you have there?

All right.

Then, um, so this was, um, this is the revised plan. What what were the changes? Uh.

Yeah, the previous plan was for a professional office. Um. I do think it involved a similar parking lot to the 1 that's existing, but I don't have a picture of the previous plan.

Okay. Thank you.

Anyone else have any questions.

So, this is 1 building right 1 building and then the conversion of the single family home to a duplex.

Okay. Cliff, you want to step up.

Um, thank you all very much. I'm cliff Ashburn with dense Warren show. 1 on 1, South 5th street, Louisville, 40202. Derek triplet is also here with me and when we get to the plan itself, Derek's going to come up and give us a little more detail about that. We are here on behalf of camellia LLC camellia's own the property for a little bit. She'll go to the next slide. So, this is a view of the area just to orient everybody. We're kind of between the intersection of South Park and East man's look and the gene Snyder pretty much all of the property on the West side of Preston in this area is some form of commercial. Some of them are actually. Custom are built commercial properties. Some are conversions should go to the next slide. This is this is a little bit redundant, but this is the existing property. 1 thing I'll note here that Derek will touch on a little bit more later is the right of way in this area is very wide. So, the building that's being proposed sits well back from Preston. You'll go to the next slide please. So this is the existing site. This is obviously a winter shot. The existing parking lot is there. This property was rezoned in 2003 to CN, commercial neighborhood, which also allows for multifamily. The building was used, I think, for a limited period of time as like a tea room and maybe an antique shop. But over the past, I would say, six or seven years, there have been a couple of efforts to redevelop it. 1, other thing to note, and you'll see this in the surface photos is the topography in this area really falls from South Park road down to the Meyer center. And then it kind of goes back up the hill toward the gene Snyder. So this is the zoning map in the area. You can see, as I said, most of the properties here are commercial. Obviously, you've got the Meyer right down at the interstate. Preston, of course, is a major arterial. You got C1 up at the corner there and then CN as you come to the south. As I said, some of those buildings are conversions. If you'll go ahead and advance. So this is what the proposed plan looks like in context. Of course, Derek will provide a little more detail on this, but the building, the elevation of the building closest to Preston is designed to kind of line up with the other buildings that are on Preston as well. You go ahead and advance. So this sort of illustrates the topography of the site. This is from the entrance looking into the property. The site where the apartment building is would be up to the right just off of this photo. You can see the home there to the south. This is looking just a little bit to the right of where I was standing before, looking back into the property toward that home that's there. I did wanna mention that home is to be preserved Um, it is not a local landmark. It's not on the national register, but it is going to be preserved as part of this development to go to the next slide. This is looking North on Preston. You can see some of the residential structures that have been converted importantly here. As I said, Preston is a major arterial, but there is really good pedestrian infrastructure. There's a sidewalk that goes all the way up to South Park sidewalk goes all the way down to the Meyer center as well. You'll go to the next slide. This is the adjacent business. I love that. It is tuxedo rental and floral. So it's kind of 1 stop wedding shop, at least for the groom. If you'll go to the next slide. This is looking down toward the Snyder again. You can see the sidewalk on the right hand side. Meyer kind of sits off off the page here to go to the next slide. So, I'm going to ask Derek to come up and give you some more particulars about the plan.

Thanks, Cliff Derek triplet land design and development 503 washburn Avenue for 222. So, as Cliff mentioned, uh. We are lining up with the setback that's consistent with the commercial lots to the north. This is qualified as an infill project. So. We have a range. You can see the dash line running through the center of the building. That is the maximum setback. We have located this closer to Preston Highway than what that maximum setback would allow to line up with those adjacent properties to the north. Preston Highway is a major arterial, so requires 120 feet of right of way. We exceed that pretty substantially of 74 feet at the northern corner from the center line and then 108 feet from the southern corner property to the center line of the road. So not a consistent right of way. So I think that can Get misinterpreted and some logic aerials because that's not fully representative of the right of way as as the surveyed drawing would be. So, as Cliff and Abby had mentioned, we are converting the existing home into a duplex, adding a 24 unit apartment building. in the vacant area and the center of the property utilizing a lot of the existing infrastructure on site as far as the existing parking lot is concerned and being able to fulfill all the open space requirements density allowances Etc we are proposing a detention base in the lower right hand corner or lower left hand corner of the site. 1 of the comments we had received from an interested party was concerns about out letting that detention base and onto her property. That is the existing low point of the site, but we are actually out letting that detention basin. into the Preston Highway right of way swale that is the roadside swale associated with that right of way. So should be a net benefit to the drainage that the properties to the south of this currently experience as we will be collecting the runoff from the impervious surface, the homes, the home, the apartment building, as well as the parking lot. Directing that into this detention base, and whereas now it all just sheet flows to the South and then out letting that into. the Preston Highway roadside swale. From an open space standpoint, we're required just over 10,000 square feet. We're at 16,740 square feet, so 50% increase above what is required. From a tree canopy standpoint, there will be an increase in tree canopy compared to the existing conditions. Right now, the property has about a 20% coverage of existing tree canopy per land development code and landscape buffer area. Requirements will be increasing that up to a 36 inch coverage. Adjacent to the, our 4 properties to the South and to the West, we have a 25 foot landscape buffer area that includes an 8 foot visual screen and 4 and a half trees per 100 linear feed. So you can see that that is relatively heavily planted on this rendering to fulfill the requirements of that landscape buffer area. And so with that, I think that's really the plan in a nutshell. I'd be happy to answer any questions after the presentation. Thank you.

Oh, I'm sorry. Go ahead. I thought you were done. Go ahead.

Okay. Um, so just we, we showed you the elevations earlier. Um, just want to point out that the proposed plan does not have any waivers or variances. So we, we comply with the development code. You know, KRS-175 indicates that development plans are to be reviewed against objective standards. We think we meet all of the objective standards. This is an opportunity to provide housing in an area of the community that the Plan 2040 actually does encourage more density and intensity, which is along major arterials. The plan works with the existing contours of the land, the 2021 plan that was mentioned earlier had had a lot of earth work involved with it. And this is an opportunity to provide some more housing. And I think the housing shortages is well documented. I know that large multifamily communities, large, single family communities often bring. lots and lots of controversy. So these opportunities for infill residential really should be taken advantage of when they can be. So we think that we agree with the staff report, the staff's recommendation, the binding elements that are contained in the staff report, and would ask you to vote favorably on this. Now, Commissioner Steff, I think you had a question for Derek.

I apologize if I didn't mean to jump the gun. Derek, will the Preston Highway swale be able to handle that water between the project and Myers?

Yes, sir. It's a state right-of-way and we're required to not increase any runoff to that right-of-way. We'll have to equalize the amount of runoff that that swell currently experiences.

I just didn't want to see extra flooding. Will you be making an additional curb cut?

We'll be utilizing the existing curb cut.

That'll be wide enough to get in and out?

Yes, sir.

I believe I know this answer, but there is a suicide accumulator lane right there in front of it.

There is.

Yes. Okay. Well, that's good because you won't be blocking traffic on Preston getting in and out of it. All right. Thank you. Thank you.

That's all I have unless I have a question that you're removing 1. Gigantic tree to get this building and does anybody know what this building looks like from Preston highway or is that going to be subject to the.

Okay, all right the right side elevation there is what the bill would look like.

Good that helps.

Thank you. Thank you.

Any other questions.

All right, thank you gentlemen.

Um, no, 1 else is no, we have an online speaker that has some concerns that they want to address. Miss parks, your microphone should work now towards the bottom of your screen and if you have video that will work as well.

Ah, yes, Judy. Judy Parks, can you hear us?

Judy, if you can hear us, you're muted, I think, but let me see if I can unmute you.

How about now? Can you hear me? We can hear you now. State your full name and address, including zip.

It's Judy Parks. I live at 9300 Preston Highway, also have the property at 9302 Preston Highway. Zip code is 40229. My concerns were, I know he was just talking about that retention basin, but I'm still not quite understanding how that would work because it looks like it's going to be right down on the corner of their property that's going to be coming into our property, which is right here at our front porch. I'm concerned about how that water is still going to be running down on us. Then also it looks like the dumpster is going to be right over here on the corner too. We would have all of the dumpster garbage and everything because most people don't make it into the dumpsters, it all goes around the dumpsters. I'm concerned about that. Then also the fencing, is there going to be a fence around the property? Because I'm also concerned about people traveling through our property.

All right, um, hold on there Judy Derek, would you like to address.

Eric.

Cliff is working on a answer to the fence question, but I'll address the drainage in the meantime. So, yes, that attention basin is located at that lower left hand corner of the plan adjacent to our property. But the outlet from that base, and I think is what the concern is, and that outlet is not a free flowing outfall from that attention base and is being piped. Through this property up to Preston highway, so we will not be outletting or spilling this water from the base and on to miss parks property. That water will be captured and then piped to the Preston.

Right what about the dumpster?

The dumpster is 50 feet from that property line, and there's an 8 foot screen being provided along that property line. So the dumpster will also have its own screening apparatus as well. So we feel that that horizontal separation that 50 foot separation as well as the double screening element will be adequate to mitigate any potential impacts that that would have.

All right, and then that address the fencing, right?

so the the code requires an eight foot solid screen that can be planting or fencing uh we just i just spoke with our client about this they they would commit that in that area in that back corner around the detention basin and up to the dumpster that that screening would be achieved with a fence but they may move to landscaping as they get closer to the road so i i hope that that would address ms park's concern okay and then she was talking about

people passing through the development?

Right. That's what the fencing is designed to prevent.

Okay. All right. Judy Parks, did you hear that?

Yes, I did. And I'm still kind of concerned about with the fencing. If it's just going to be in this one back corner, I mean, anyone can go around that easy enough. So I don't know about that. And hopefully the dumpster will, like you say, will be over far enough that with that screening, I'm still concerned.

I understand. I think that what they're talking about addresses those issues. The fencing, do you think it cuts down, Derek?

Yeah, I would say that physical barrier would prevent some of that trespassing, absolutely.

Okay, thank you very much. Thank you Judy for your, your inquiry and your hopefully the that solved your your questions. Thank you. Thank you. Is there anyone else online or wants to speak for against this? Okay, commissioners.

I think the fence addition makes a lot of sense. You could kind of imagine people walking down that driveway and just kind of cutting over to Myers, you know, to save 20 steps. But so, yeah, I mean, I think if you can extend it long enough to where that or, you know, far enough to where it prevents some people from, you know, cutting through, probably makes a lot of sense. And Maybe even that probably even helps out with the dumpster screening too. So, and so are you going counter flow to grade to make the water drain back into Preston highway? I mean, I don't have a good sense of the biography there, but it's.

Right so so we are bucking a little bit of grade to get that pipe from back there. Uh, we can have enough gravity flow to get the surface run off to the basin and then we have enough fall from that from the outfall from the outlet of that base and to get it over.

Okay. It's true design. I mean, you know, you know what you're doing. So. Just strike it just struck me as that. Okay. It's the low point of the site and, you know, routing it to a higher elevation, but. You know, you have to do a siphon or something.

Right. And that was an MSD directive. Oh, wow. That outfall is good.

All right. MSD right on the right on the spot. Good. Thank you.

Any other questions? All right. Any observations or.

Well, question. This has to be approved by Metro.

Right now, you have the final say here on this one.

I don't say on this one. Okay. You never know. Um, at least I don't. Uh, so, yeah, I'm, I'm ready to make a motion on this.

Go ahead.

Uh, in the case of twenty six DDP zero zero one seven, I make a motion that we approve the revised district development plan and binding elements as shown in the staff report make the motion based on on the staff report in our testimony here today.

Second properly made motion in section roll call.

And it.

yes stuber yes memes yes step yes fisher yes all right thank you all very much and case number 10 that's the last case today i have a question relative to the agenda because this thing looked like it really grew from when i looked at it earlier in the week that were there things added onto this

No, this was the agenda that was published last Friday last Friday. We just had a lot of cases on this agenda because the, uh, you probably got an email from Joe indicating that the next 1, July 1st is being canceled. So this 1 got a little heavier.

I mean, I've went to led to star and, uh, whatever was on live start didn't seem as thick as what we're going through today, but. Yeah, that's okay.

We'll check on that. It could be we, you know, we're making that transition to legislature. So it could have been some kind of miscommunication there.

Okay. And my second question for you, and I'm, I apologize, but do the other L, the other LDC members, do they get an agenda emailed to them? Because I don't. Can you add me to?

Can you clarify?

Well, I don't get it. Unlike the planning commission meeting an agenda, I don't get a email. For the DRC.

Okay. Okay. I'm not sure why that's happening. We'll make sure that that's correct.

The committee members get the email, but if you're not on the committee, you may not. So, if you're not on, but you're seeing a sign, I mean, if you are, then we need to look into that. Just just putting on the committee.

Yeah, just put me on the committee.

Yeah, we'll take care of it.

Sure. I'm, I'm here.

Yeah. Okay. Thank you. 26 DDP. 0, 0, 2. Oh, um, uh, Sydney.

Yes, Sydney faucet office, the planning staff, 4, 4, 4, South history, 4, 0, 2, 0, 2, this is 26. 20. The request today is a revised detailed district development plan with revisions to binding elements. The subject site is approximately a quarter of an acre zoned commercial and the traditional neighborhood form. The site is currently developed as a parking lot and it is 3 separate parcels and the applicant is proposing to construct 3 single family homes. 1 home on each lot access and parking is provided in the rear via Ali. This is a zoning map again. See 1. it does have some industrial as well as residential in the general vicinity. This is an aerial of the subject site. Again, it is still three separate lots. This is a subject property if you're at the corner of M Street and South 3rd Street. This is some surrounding residential development along South 3rd Street, and then as well as residential development along M Street. This is the plan. Again, one home on each lot, parking in the rear. The proposal does meet the requirements of the Land Development Code and guidelines of Plan 2040. MSD and Public Works have provided preliminary approval, and staff finds that the proposal is adequately justified for approval. And then your required action today is to approve or deny the revised Detail District Development Plan with revisions to binding elements. Any questions for staff?

Sydney, how much spacing between the houses?

Let me look. It looks like each property line has a 5 foot setback. So roughly 10 feet. Between each structure.

Okay. All right.

Good. Thank you. Any other questions.

Thank you.

Thank you Sydney.

Jacob guy is it.

Jacob Guy, Lewis Ventures, 226 South Hampton Road, Louisville, Kentucky, 40223. I won't be redundant. Sydney and Rachel have been very helpful with this one, but just here to answer any questions. Just want to emphasize that there's a lot of residential housing on that 3rd street right there that are also zoned into. So this is just helping to improve that area. If you're not familiar with it, it's right down from the infamous can opener right now. Looking at speed school university, local baseball and football stadiums as well. So. Happy to answer any questions.

Any questions to Jacob commissioners. All right, thank you very much. Thank you. Is there anybody else that wants to speak on this or online? Commissioners, what do we think?

I think it's a great project.

I looked at the building permits already. It's probably been cycled for a while and they were responsive and agreeable to the things we asked for the building permits. So I think they'll do hopefully a nice job on this. So I can make a motion. Go ahead. I make a motion that we approve the revised district development plan with the binding elements for case number Twenty six DDP zero zero two zero based on the staff report and the testimony we've heard today.

Probably made motion second roll call, please.

Yes, yes. Yes. Yes. Yes.

Yes. Make a motion with adjourn. Motion is recognized.