City Council Agenda and Packet 1997 09 02

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Davidson opened the public hearing and called for anyone wishing to speak on Ordinance No. 1263. NONE Davidson closed the public hearing and called for Council comments or motions. Sisk moved that Council adopt Ordinance No. 1263, Series 1997, on second and final reading and direct staff to proceed with the election calendar, seconded by Mayer: Roll call was taken. Motion passed by a 6 1 vote with Howard voting against. ORDINANCE NO. 1264, SERIES 1997 TELECOMMUNICATIONS ORDINANCE 1ST READING PUBLIC HEARING (REQUEST TO CONTINUE BY STAFF TO AUGUST 5, 1997) Tanoue read by title only Ordinance No.1264, Series 1997, "An ordinance amending Title 17 of the Louisville Municipal Code by adding a new Chapter 17.42 to regulate the placement, construction, and modification of commercial mobile radio services and commercial satellite dish antenna within the City of Louisville and to make other amendments to Title 17 in connection therewith." Davidson opened the public hearing. Davidson moved that Council continue this hearing until August 5, 1997, so it may be discussed in a joint Work Session with the Planning Commission, seconded by Howard. All in favor. Sisk moved that Council continue the moratorium on processing telecommunication facilities until September 5, 1997, seconded by Davidson. All in favor. RESOLUTION NO. 27, SERIES 1997 AMENDED FINAL PUD DEVELOPMENT PLAN FOR LOT 10A CENTURY OFFICE PARK Paul Wood, Planning Director, stated that the continuances were related to sorting out the manner in which the PUD would address retail uses within the BO zone district. The applicant's representative, Harry Sterling, submitted a letter June 20 outlining the applicant's position that the Final PUD Development Plan approved in October 1995 specifically authorized a limited amount of retail uses, and that such uses which were associated with the retailing of convenience goods would need no further review by the City. Both staff and the City Attorney had reviewed the documents. It is their position that the PUD approved at that time did not exempt retail uses from the Special Review Use process, nor did it approve any specific retail uses. Therefore, all uses in use group No. 25, which address those convenience retail uses, would be handled as a Special Review Use. Those uses include: "Establishments for retailing of convenience goods, including but not limited to variety stores, supermarkets, hardware stores, sporting good stores, shoes stores, and drugstore." Tim Hadjis of Eastcor Company submitted a letter dated July 10 requesting that uses under subparagraph No. 1 be qualified as personal service uses, or uses -by -right, and that uses identified under 4,