Planning Commission Agenda and Packet 2023 07 13

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Planning Commission Staff Report July 13, 2023 ANALYSIS: The proposed development is subject to LMC Chapter 17.14 - Mixed Use Districts, and the MUDDSG. LMC Sec. 17.14.090 also requires a Final Planned Unit Development for the establishment of any use within the Mixed Use District. While outdoor eating and serving areas are allowed as an accessory use to a principal eating area, such areas must still be approved through the PUD review process and demonstrate compliance with applicable zoning and design standards. An appendix to this report is included providing a recommended finding to each applicable PUD review criteria. Staff has reviewed the proposal for compliance with Chapter 17.14 and the MUDDSG and finds the proposal complies with all standards except for the requested waiver from MUDDSG Sec. 6.3.13.2 to allow compact crushed granite and artificial turf rather than decorative pavers or stamped concrete. Staff finds that the alternative design compliments the proposed outdoor beer garden use and is a more appropriate material for the associated recreational uses within the beer garden. Staff also finds that there is adequate parking on the property to support the existing and proposed uses without the installation of the 11 deferred parking stalls. In addition to the on -site parking there is public street parking surrounding the development and a public parking lot immediately to the west of the commercial center with 69 parking stalls. Staff is recommending the following conditions to the PUD plan set to provide clarifications to the document. Prior to the City Council hearing, the applicant shall make the following amendments to the PUD: 1. In the Ownership and Land Use Summary Table on Sheet 1, change the primary use to Outdoor Eating and Serving Area. 2. Under Project Data on Sheet 1, remove reference 2.1 City of Louisville CDDSG 3. Under Waiver Requests on Sheet 1, remove Note 1 concerning parking and modify Note 2 to state: "Request for Waiver form MUDDSG Sec. 6.3.B.2 to allow an outdoor patio or plaza with compact crushed granite and artificial turf rather than decorative pavers or textured, colored concrete. " 4. Add third note under General Notes on Sheet 1 to state: "This PUD will not include installation of the 11 deferred parking stalls approved for Lot 1 by the DELO Plaza PUD. Need for the deferred parking stalls for any future redevelopment of Lot 1 should be analyzed as part of that PUD amendment." 5. Remove the four general Notes on Sheet 2. 6. Remove the MUDDSG - Development Data Tables on Sheet 2. PUBLIC COMMENTS: Public comments are included as Attachment No 5.