Planning Commission Agenda and Packet 2023 05 11

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Planning Commission Meeting Minutes April 13, 2023 Page 4 of 12 current property at 972 W Dillon Rd in the Centennial Valley Parcel H Third Filing. It is part of the Centennial Valley General Development Plan. A Restated Development Agreement was adopted in conjunction with the GDP in 1984, which was an agreement between the City and the original developer. This implemented development and public improvement plans for the Centennial Valley area and has been amended from time to time to establish regulations such as use restrictions for certain Parcels beyond the General Development Plan's listed uses. Currently, uses at the property are regulated by Section 5 and 7 of the 5th Amended and Restated Development Agreement. The property had a Planned Unit Development (PUD) and Special Review Use (SRU) approved in 1999 to allow a Kinko's as a retail use. Several Administrative SRUs have been approved for 972 W Dillon in recent years, including a retail marijuana use and a retail use. The applicant requests approval of an eleventh amendment to the Amended and Restated Development Agreement for Centennial Valley. The amendment would allow for new permitted and special review uses only on the developable portion of 972 W Dillon Rd over Lot 1 B, and leaves in place the existing regulations for the remainder of properties in Parcel H. She shows a table that has a comparison of the uses in the 5th amendment and the proposed 11 th amendment. The 5th amendment does not have any uses explicitly listed as permitted on the site. Although retail and medical marijuana uses are permitted by -right by Title 17; it should be noted that Title 5 of the Municipal Code has additional restrictions on how many total retail and medical marijuana licenses can exist in the City. Staff finds the application meets the purpose and applicability statements in Chapter 17.72 of the Louisville Municipal Code. The GDP Amendment encourages coordinated community design by allowing modern, market - supported commercial uses that are consistent with commercial properties in the Dillon Rd and McCaslin Blvd corridors. The amendment allows for new permitted and special review use on the site to better align with other nearby areas that allow similar uses. Only affects the site at 972 W Dillon Road Staff finds that the proposal meets the Comprehensive Plan and McCaslin Small Area Plan policies. The property is located in an area on McCaslin Boulevard described as a significant commercial activity center in the comprehensive plan. The framework policies seek to promote retention of existing commercial development and commercial retail uses. The amendment helps retain commercial development and allows retail uses by -right. The 11th Amendment increases opportunities for different types of uses, mitigating vacancy rates for the existing building. The permitted and special 21