MINUTES LOUISVILLE PLANNING COMMISSION

JANUARY 12, 2016 Louisville Planning Commission met in regular session with Chairman Casar presiding. MEMBERS PRESENT Harry Sell Richard Slackford Daniel Casar Bill Croxton E. Thomas Ault, City Manager Pat Fallot, Mayor-Council Member CITY PERSONNEL PRESENT Magan Denzer, Deputy City Clerk Vincent Marion, Director of Planning & Development The Certificate of Open Meeting was presented. ELECTION OF CHAIRMAN MEMBER SELL MOVED, MEMBER SLACKFORD SECONDED, and the Motion carried to elect Dan Casar as Chairman. The vote: Sell yea, Slackford yea, Casar abstained, Croxton yea. ELECTION OF VICE-CHAIRMAN MEMBER CASAR MOVED, MEMBER SELL SECONDED, and the Motion carried to elect Richard Slackford as Vice-Chairman. The vote: Sell yea, Slackford abstain, Casar yea, Croxton yea. MINUTES OF THE NOVEMBER 10, 2015 MEETING Chairman Casar declared the minutes of the November 10, 2015 meeting approved as presented by unanimous consent. Chairman Casar swore in all those in attendance planning to speak before the Commission. NEW BUSINESS PC 16-01 BREAUNA HUGHES, OWNER OF BREAUNA HUGHES

PHOTOGRAPHY, 1714 E MAIN ST, CONDITIONAL ZONING CERTIFICATE FOR A MAJOR HOME OCCUPATION IN AN R-1 SINGLE FAMILY RESIDENTIAL DISTRICT.

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 2 ZONING & BACKGROUND INFORMATION

Location is 1714 E Main St.

Property is zoned R-1

The request for a nameplate/sign places this home occupation into the classification of a major home occupation.

Major home occupations require a conditional use permit

Conditional use permits require a hearing with all adjacent property owners notified

The applicant is proposing the sign, if granted, be placed at the end of the drive close to the street right-of-way

ISSUES TO CONSIDER

1157.14(b) Criteria for Major Home Occupations. Uses which do not satisfy the criteria for a minor home occupation shall be classified as major home occupations and shall require Development Permits in accordance with this section. Single-family neighborhoods should, in general, be protected from major home occupations, unless it can be specifically demonstrated that such use will have no short or long term negative impacts on the neighborhood. Major home occupations shall be encouraged in multi-family neighborhoods such as R-2 and R-3 Districts. To this extent, the following regulations shall apply to all major home occupations (5) One unlighted nameplate not exceeding one square foot in area announcing the name and home occupation shall be permitted.

1133.05 BASIS OF DETERMINATION. The Planning Commission shall review the particular facts and circumstances of each proposed use against the following general standards as well as any specific standards pertinent to each use indicated herein. The applicant shall establish beyond reasonable doubt that each standard will be satisfied by the completion and operation of the proposed development such that the proposed use: (a) Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; (b) Will not be hazardous or disturbing to existing or future neighboring uses; (c) Will not be detrimental to property in the immediate vicinity or to the community as a whole; (d) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 3

and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; (e) Will be in compliance with State, County and City regulations; (f) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads

1133.06 ACTION BY PLANNING COMMISSION. (a) Review by the Planning Commission. The Planning Commission shall review the proposed development, as presented on the submitted plans and specifications in terms of the standards established in this UDO. (b) Only upon conclusion of hearing procedures relative to a particular application and adequate review and study may the Planning Commission issue a Conditional Use Certificate. (c) Conditions Prescribed for Approval. (1) The Planning Commission may impose conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, the protection of property values of the community, and for insuring that the intent and objectives of this Unified Development Ordinance will be observed. (2) The Planning Commission may seek expert advice on what conditions should be imposed on the particular operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant. (d) Such review by the Planning Commission shall be completed and made public within ninety-five (95) days of the date of submission

Tom Swartz residing at 1705 E Main St questioned the size of the sign and Director Marion responded 1 square foot. Mr. Swartz also expressed safety concerns due to the drive only having one entrance and customers backing out onto a busy Main St. Richard Glass residing at 1724 E Main St did not have a problem with the business, but was not in favor of a sign being erected in a residential neighborhood. The applicant, Breauna Hughes, was not in attendance for questions by the Commission members. MEMBER CASAR MOVED, MEMBER SELL SECONDED, and the Motion to approve the conditional zoning permit for a major home occupation was denied. The vote: All no PC 16-02 SITE PLAN REVIEW FOR COVINGTON RIDGE PHASES 2 & 3 ZONING & BACKGROUND INFORMATION:

Redwood Acquisitions, LLC proposes to construct a three phase, 245 unit, multi-family development NE of the intersection of Broadway Ave and Peach St

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 4

The subject parcel is located in a P-CD (Planned Conservation Development) zoning district

The developer is in the process of completing Phase 1 of the project which consists of 88 total units

The developer is seeking approval for the overall site plan for Phases 2 & 3

P-CD DISTRICT REVIEW

REQUIREMENTS

ACTUAL

Permitted Uses

Multi-family dwellings

Minimum Project Area

20 acres, not including areas within existing public right-of-way

71 acres

Maximum Dwelling Units (with Density Bonus)

Total Site Area/Minimum Lot Area (in acres) X 80%= permitted units per acre 247 permitted

245

Minimum Building Setback (if not adjacent to existing housing development)

50ft from the project boundary or existing public right-of-way

100’ from Broadway ROW 50’ from Atlantic ROW 85’ from Peach St 57’ from properties East of development

Minimum Setback from proposed street line

25’

25’ from private street line

Minimum Separation Between Dwellings

Shall be the greater of 20’ or one-half the combined height of the adjacent sides of buildings

Varies, but greater than 20’

Maximum Height of Structures

Shall not exceed 3 stories or measure more than 35ft above grade, whichever is less

1 story

Maximum Lot Coverage

Shall not exceed more than a 25% ratio, as averaged among the parcels in the development

21%

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 5

REGULATIONS FOR RESTRICTED OPEN SPACE

REQUIREMENTS ACTUAL

Minimum Open Space Area

40% of the project site

41%

DISCUSSION

This will be the first development in Louisville in the P-CD zoning district.

Planning Commission reviewed and Louisville City Council approved the rezoning of the property to P-CD.

The P-CD zoning district requires a reduction in density and the preservation of natural land features.

Redwood Development is proposing the construction of condo style apartment living units. Total units proposed are 245. Phase 1 under construction includes 88 units. Phase 2 is proposing 109 units and phase 3 incudes 48 units.

STAFF RECOMMENDATION Staff recommends the overall site plan for Phases 2 & 3 of Covington Ridge be conditionally approved upon the following:

Meeting the requirements of the City Engineer.

The road, as detailed in Phase 3, is built prior to any unit located in Phase 2 being occupied.

Detailed improvement plans meet the required technical plans of the Louisville Code as well as the City Engineer.

Deed restriction for the open space meets the approval of the City’s Law Director.

Patricial Rakoci with Redwood Development and Travis Crane with TGC Engineering were present for questions, representing the Covington Ridge development. Phase 2 construction is thought to begin in late spring or early summer of 2016. Member Sell inquired about the proposed Drive D on the east side of property going through existing wetlands. Ms. Rakoci advised that a nationwide permit had been secured with the Army Corps of Engineers in order to delineate and fill wetlands around the drive areas. Ms. Rakoci will forward permit to Director Marion.

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 6 Member Croxton inquired if there would be any buffers or guardrails where the two township roads dead end into Phase 3. Mr. Crane stated there were no buffers in the current plan, and these dedicated road right-of-ways were not part of Covington Ridge’s property. The setback from the township roads to the Phase 3 apartments is 50 feet. Member Casar asked about the total number of detention basins on the property. Mr. Crane stated there were currently two basins built for Phase 1 and Phase 2 and two more basins would be added in Phase 3 for storm water management. There will be a total of four detention basins for all three phases. Ron Salisbury from 4561 Eastland Ave spoke before the Commission. Mr. Salisbury has flood control and drainage concerns with the Covington Ridge project affecting his home. Jim Morris from 4514 Eastland Ave spoke before the Commission. Mr. Morris is concerned about the wetlands being delineated. Mr. Morris is concerned about beginning next phases of project due to flooding and water run off issues. Mike Lynch, Nimishillen Township Trustee, was present and spoke before the Commission. Township residents are very concerned about this project. He appreciates going above and beyond with the plans and trying to keep the township safe from flooding. Dale Riggenbach, Nimishillen Township Zoning Inspector, was present and spoke before the Commission. Residents are worried about traffic and flooding issues. Mr. Riggenbach is concerned next phases being developed during spring storms and the overflow. Will the detention basins do what they are intended to do? Please keep township residents in mind due to the water flowing their way. A member from the audience questioned if this development was going to be government subsidized housing. Member Casar answered no. Member Slackford spoke to the audience, and as a member of the community stated he understood the concerns of those who lived near this area. He asked for someone to give some kind of reassurance regarding this project’s impact on township residents. Director Marion responded stating Redwood’s engineers have designed the development per Louisville’s code. The City’s engineer has reviewed the plans to confirm meeting Louisville’s code specifications. Stark Soil and Water has also reviewed the plans. These entities are in agreement that all specifications have been met for what the requirements are.

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 7 City engineer, Jennifer Schumacher, added that in reviewing the plans, that they do go above and beyond and have exceeded the requirements for outflow by the county and city. Dorothy Hackley from 4714 Leone was sworn in and spoke before the Commission. The water keeps getting closer to her home every year. She is concerned the development is going to make things worse. City Manager, Tom Ault, stated by going above and beyond the standards required by the city and the county, this project’s design for detention will have an incremental impact to the nearby neighborhood in regards to flooding. This neighborhood has water problems. This development is not going to fix these problems. Mr. Ault further explained that first; developers are not to make problems any worse, and second, by going above and beyond the requirements should have some positive impact. No one can guarantee that flooding is not going to occur again in this area. MEMBER SLACKFORD MOVED, MEMBER SELL SECONDED, and the Motion carried to conditionally approve the site plan for Covington Ridge Phases 2 & 3 upon the above staff recommendations. The vote: All yea. PC 16-03 REQUEST TO APPROVE COMPREHENSIVE PLAN AND FORWARD

RECOMMENDATION TO CITY COUNCIL Director Marion reported that ten months ago the City began the process of completing a Comprehensive Plan addressing future development, utility needs, infrastructure and other elements within the community. The development process included a nine member committee, public hearings, community forums and a community survey. Commission members were provided a copy of the proposed Comprehensive Plan for review. It was noted that this was not the final version of the plan due to some editing that still needed to occur. Director Marion explained to Commission members a recommendation to adopt the plan be sent to City Council. The plan will lay the foundation on how the City approaches future growth, recreational activities, traffic flow, transportation, safety forces and interactions with other organizations in the community. Member Slackford voiced his support for the plan. Mr. Slackford questioned how much authority the City had in regards to property maintenance standards in commercial areas. Mr. Slackford also questioned where the funding would come from and challenges associated with the plan.

LOUISVILLE PLANNING COMMISSION JANUARY 12, 2016 PAGE 8 Director Marion stated the City does have a property maintenance code with a part-time employee enforcing the code. This employee is also the City’s building official. The plan is trying to enhance what the City is already trying to accomplish in regards to property maintenance. Director Marion stated there are resources for outside funding. The plan is laying the groundwork for what the city’s priorities are; therefore funds can be set aside in the budget in order to accomplish goals. Member Sell thanked the steering committee for their work on the Comprehensive Plan. Mr. Sell felt the plan was something the City needed and everyone did a good job. MEMBER SLACKFORD MOVED, MEMBER CASAR SECONDED, and the Motion carried to recommend the Comprehensive Plan to City Council for adoption. The vote: All yea. OTHER BUSINESS Director Marion welcomed the newest member, Bill Croxton, to the Planning Commission. There is still one Planning Commission member needed to fill Rick Flory’s unexpired term. Having no further business the meeting was adjourned. Respectfully submitted, Magan Denzer Deputy City Clerk