City Council Agenda and Packet 2015 02 03

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City Council Meeting Minutes January 20, 2015 Page 4 of 18 REGULAR BUSINESS RESOLUTION No. 3, SERIES 2015 — A RESOLUTION APPROVING A SPECIAL REVIEW USE (SRU) TO ALLOW FOR THE OPERATION OF A PRIVATE FITNESS STUDIO WITH RETAIL SALES IN THE COMMERCIAL BUSINESS (CB) ZONE DISTRICT AT 1817 HWY 42 Mayor Muckle requested a staff presentation. Planner I, Lauren Trice explained the request is for approval of a Special Review Use (SRU) for 1817 Hwy 42. The applicant Brandon Terry of Moov, LLC, proposes to operate a private fitness studio with retail sales at 1817 Hwy 42. Project Summary: The property is zoned Commercial Business (CB). The request is for a private fitness studio, primarily CrossFit classes with limited sales. It will be located in the Trek Building beside the recently approved CorePower Yoga. An SRU is required for private studios in the CB zone District. The primary access is from Hwy 42 (east), but is also accessible from South Boulder Road. The project will fill a vacant commercial space and provide a community service to the Louisville citizenry. There are no foreseeable adverse effects on the surrounding neighborhood. The Planning Commission recommended approval of the SRU to allow the operation of a private fitness studio with retail sales in the commercial business zone district at 1817 Hwy 42. COUNCIL COMMENTS Council member Keany inquired whether this SRU is specific to the applicant or is it transferrable. City Attorney Light stated the Louisville Municipal Code does not specify SRU's are exclusive to an applicant therefore the land use and the conditions of the SRU would be transferrable. If Council determines an operator or specific standard should be considered, they may condition the resolution to make the SRU exclusive to an applicant. Council member Keany asked if an SRU was revocable. City Attorney Light explained if a new tenant wanted to change the signage, the hours or other changes, it would trigger a new SRU. MOTION: Council member Keany moved to approve Resolution No. 3, Series 2015, seconded Mayor Pro Tem Dalton. All were in favor.