Planning Commission Minutes 2011 03 10

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Planning Commission Meeting Minutes March 10, 2011 Page 4 of 6 Staff Report of Facts and Issues: McMillan discussed the following: The applicant is requesting a three (3) year extension of the expiration of  final planned unit development (PUD) plan for 940 Main St., which was originally approved by City Council on June 5, 2007. Section 17.28.200 (PUD ordinance) of the Louisville Municipal Code  (LMC) requires that; “no building permit shall be issued more than 36 months  after city council approval of the plan unless an extension of time is approved pursuant to subsection 17.28.210.B.” The above section of the LMC does not permit the issuance of a building  permit for the 940 Main Street project after June 5, 2010. The applicant applied for, and was granted, a one year extension to the original expiration date on April 6, 2010. The current expiration date for the 940 Main Street final PUD plan is June 5, 2011. The three year extension has been requested to provide the applicant sufficient time to secure financing for the project. The 2007 PUD grants waivers from the height, floor area ratio (FAR),  setbacks, and parking requirements set forth in the Downtown Design Handbook and Framework Plan. An administrative amendment of the 2007 PUD was approved by the Planning Department on December 18, 2009. The amendment permits the conversion of the residential portion of the project to commercial office. The site plan, massing, and square footage approved as part of the 2007 PUD remains unchanged. The only modification to the final PUD that is being requested is a three  year extension of the approval time. All other aspects of the original plan as approved by City Council, and administratively amended by planning staff, remain unchanged. The Downtown Parking and Pedestrian Action Plan were approved by City  Council on February 1, 2011. The Plan includes an off street bike and pedestrian trail on South Street adjacent to the applicants property. When the Final PUD for 940 Main Street was originally approved, these improvements along South Street were not planned for. McMillan stated staff recommends approval of a three year extension of the expiration of the final PUD plan for 940 Main Street with the following condition: 1) The final design and construction of the public right of way on the north side of the building will comply with the design intent outlined in the Downtown Parking and Pedestrian Action Plan. Commission Questions of Staff: Sheets stated the three (3) year extension seems long, could the extension be for one (1) year? McMillan stated she should discuss her request with the applicant.