Planning Commission Agenda and Packet 2016 12 08

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Planning Commission Meeting Minutes November 10, 2016 Page 3 of 23 2. The applicant shall address all issues in the Department of Public Works October 4, 2016 memo prior to the City Council hearing. 3. Prior to City Council approval, the plat shall be revised to include the reception numbers for the Louisville Tire Center plat and PUD. 4. Prior to City Council approval, the PUD shall be revised to include a note, where applicable, that the "Commercial Live Work Area — Final Condition is conceptual only, is not approved by this PUD and is subject to further review and approval, disapproval or modification through a separate PUD Amendment process". 5. Prior to City Council approval, the PUD shall be revised to remove the proposed parking improvements from the east side of the Live/Work Building A structure. Additionally, the joint parking and access easement shown on the Louisville Trade Center PUD and Replat shall be clearly delineated on the plat and PUD with references made to that document and reception number. Closed Public Hearing and discussion by Commission: Rice says I recall that the issue is whether or not the condition we created earlier regarding the resolution of the easement was satisfied by this development plan. We asked the City Attorney to weigh in on it. My understanding is that the City Attorney says the development plan is consistent with the condition as previously created to the extent that the condition portended to require resolution of a private dispute that is beyond our jurisdiction to make such a condition. With those two things having been said by the City Attorney, my view is that the issue has been resolved. Brauneis says regarding the space Louisville Tire has been using in the past, what is the legal status of that space? Dean says the space Louisville Tire has been using will not change. From what I understand from the applicant, this is not proposed to physically change. Louisville Tire has been parking there and there will be no impediments. Pritchard says any legal issue that may be coming in the future will be between the applicant and the private party. Rice says to make it perfectly clear, this is not planning criteria. We had created this condition earlier to cast some doubt on it. With the City Attorney having clarified it, my concerns have been allayed. Motion made by Rice to approve Delo Lofts Final Plat/PUD/SRU: Resolution 25, Series 2016, a resolution recommending approval of a final plat for 4.39 acres which includes a 1.91 acre final planned unit development (PUD) and special review use (SRU) within the core area of the Highway 42 Revitalization District for 33 apartments and 8 live/work units with the following conditions: 1. The proposed signage shall be modified to comply with the Downtown Sign Manual. 2. The applicant shall address all issues in the Department of Public Works October 4, 2016 memo prior to the City Council hearing. 3. Prior to City Council approval, the plat shall be revised to include the reception numbers for the Louisville Tire Center plat and PUD. 4. Prior to City Council approval, the PUD shall be revised to include a note, where applicable, that the "Commercial Live Work Area — Final Condition is conceptual only, is not approved by this PUD and is subject to further review and approval, disapproval or modification through a separate PUD Amendment process". 5. Prior to City Council approval, the PUD shall be revised to remove the proposed parking improvements from the east side of the Live/Work Building A structure. Additionally, the joint parking and access easement shown on the Louisville Trade Center PUD and Replat shall be clearly delineated on the plat and PUD with references made to that document and reception number. seconded by Hsu. Roll call vote.