Planning Commission Agenda and Packet 2020 07 16

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PROPOSAL: The applicant requests approval of a rezone from CB to CC -MU to accommodate a change in use from auto body repair to retail marijuana sales. At this time, the applicant anticipates changes to the interior of some of the buildings but does not contemplate any changes to the exterior of the building. The interior configuration is reviewed through the marijuana license and a building permit. The site design can accommodate this use and meets parking requirements. These improvements will be reviewed under a building permit application. Under the provisions of Chapter 17.14, the auto body repair use must cease upon commencement of the retail marijuana sales use. Should the property owner desire additional redevelopment on the lot, the uses and site design shall comply with this chapter and may require approval of a PUD Amendment if exterior changes are proposed. ANALYSIS: Compliance with LMC Sec. 17.44.050 — Rezoning The rezoning proposal is subject to Section 17.44.050 of the Louisville Municipal Code, the Declaration of Policy for Rezoning. One or more of the following criteria must be met to approve a rezoning: 1. The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the city's comprehensive plan. There is no evidence that the land was zoned in error. However, the land as presently zoned is inconsistent with the policies and goals of the Framework Plan for the Highway 42 Revitalization Area, which serves as the guide for mixed use redevelopment in the area and to phase out the existing industrial uses. The city's comprehensive plan does not allow industrial uses within the area, and policies support a mix of uses and redevelopment consistent with the Framework Plan. Staff finds the request meets this criterion. 2. The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of the area. Staff finds that the area is included within the Highway 42 Revitalization Area, which serves as a guide to accommodate desired change within the area. The area has begun to transition to the desired mixed use development and mixed use rezoning, including DELO and Coal Creek Station. While the property will not undergo physical redevelopment as a result of the zone change at this time, the property is adjacent to Coal Creek Station, and the zone change will facilitate redevelopment over time consistent with the goals and policies of the Framework Plan and Chapter 17.14 of the LMC. Staff finds the request meets this criterion. 3. The proposed rezoning is necessary to provide land for a community -related use which was not anticipated at the time of the adoption of the city's comprehensive Crystal Estates Replat A rezone Page 4 of 5 PC — July 16, 2020