Land Development and Transportation Staff Report
April 12, 2012
REQUEST
Change in zoning from PEC to C-2
Detailed District Development plans
CASE SUMMARY/BACKGROUND
The proposal is to change the zoning from PEC to C-2. The site is currently vacant and appears to have been used agriculturally in the past. The applicant is proposing a movie theatre and 4 restaurants with 1,292 parking spaces provided overall.
BACKGROUND/PREVIOUS CASES ON SITE
9-68-00- 12400 Sycamore Station Place property was rezoned from R-4 to PEC.
10-30-02- Subdivision to create Sycamore Station Road and associated lots.
9-34-03/10-15-03- TB 39 Lot 1078 was rezoned from R-4 to PEC (known as Blankenbaker Station I).
SITE CONTEXT
The two lots associated with the change in zoning are vacant. There are a couple of outbuildings on the 12400 Sycamore Station lot. To the north of the site is the I-64 ROW. To the south of the site and across Sycamore Station Place is PEC zoned property. One of the properties is vacant while the other is the FBI building. To the east of the site are large lot R-4 zoned property that is residentially used. To the west of the site are PEC zoned properties. One is vacant and the other is Sam’s Club.
LAND USE/ZONING DISTRICT/FORM DISTRICT TABLE
Land Use
Zoning
Form District
Subject Property
Existing
Vacant
PEC
Suburban Workplace
Proposed
Commercial
C-2
Suburban Workplace
Surrounding Properties
North
I-64
ROW
ROW
South
Vacant/Office
PEC
Suburban Workplace
East
Residential
R-4
Suburban Workplace
West
Vacant/Commercial
PEC
Suburban Workplace
INTERESTED PARTY COMMENTS
See attached email from Rae Taylor.
APPLICABLE PLANS AND POLICIES
Cornerstone 2020
Land Development Code
STANDARD OF REVIEW FOR REZONING
Criteria for granting the proposed form district change/rezoning:
The proposed form district/rezoning change complies with the applicable guidelines and policies Cornerstone 2020; OR
The existing form district/zoning classification is inappropriate and the proposed classification is appropriate; OR
There have been major changes of an economic, physical, or social nature within the area involved which were not anticipated in Cornerstone 2020 which have substantially altered the basic character of the area.
STAFF ANALYSIS FOR REZONING
At the time of pre-application staff found that this proposal met 15 of a total of 43 policies for a non-residential proposal in the Suburban Workplace Form District. 5 policies were not applicable, 18 needed more information before determining compliance and 5 policies had not been met as this proposal does not provide internal pedestrian connectivity, is not located along a transit route, does not provide open space, and the parking areas are oriented toward the street instead of to the sides and behind the structures. A final comprehensive plan review will be done before the public hearing.
The Planning Commission should consider removing the existing binding elements from the site and replacing them with the proposed binding elements as indicated under “Attachments #5 proposed binding elements”.
TECHNICAL REVIEW
All technical review comments have been addressed.
STAFF CONCLUSIONS
The proposal is ready for the public hearing date to be set.
NOTIFICATION
Date
Purpose of Notice
Recipients
3/23/12
LD&T on 4/12/12
1st and 2nd tier APOs and neighborhood notification recipients in council district 20
ATTACHMENTS
Zoning Map
Aerial Photograph
Cornerstone 2020 Staff Checklist (reserved)
9-34-03 Existing Binding Elements (Proposed to be removed)
The development shall be in accordance with the approved district development plan, all applicable sections of the Land Development Code (LDC) and agreed upon binding elements unless amended pursuant to the Land Development Code. Any changes/additions/alterations of any binding element(s) shall be submitted to the Planning Commission or the Planning Commission’s designee for review and approval; any changes/additions/alterations not so referred shall not be valid.
All binding elements from the approved General District Development Plan Docket Number 9-68-00 are applicable to Blankenbaker Station site.
Prior to development (includes clearing and grading) of each site or phase of this project, the applicant, developer, or property owner shall obtain approval of a detailed district development plan in accordance with Chapter 11, Part 6. Each plan shall be in adequate detail and subject to additional binding elements.
The development shall be in accordance with the approved Preliminary Subdivision Plan. No further subdivision of the land into a greater number of lots than originally approved shall occur without approval of the Planning Commission.
There shall be no direct vehicular access to Tucker Station Road. The existing access points to Tucker Station Road are to be closed once development occurs, and access to the site will be made from Street “A” as shown on the development plan.
Signs shall be in accordance with Chapter 8.
No outdoor advertising signs, small freestanding signs, pennants, balloons, or banners shall be permitted on the site.
Construction fencing shall be erected when off-site trees or tree canopy exists within 3’ of a common property line. Fencing shall be in place prior to any grading or construction to protect the existing root systems from compaction. The fencing shall enclose the entire area beneath the tree canopy and shall remain in place until all construction is completed. No parking, material storage or construction activities are permitted within the protected area.
Before any permit (including but not limited to building, parking lot, change of use, site disturbance, or demolition permit) is requested:
a. The development plan must receive full construction approval from Louisville Metro Department of Inspections, Permits and Licenses (617 W. Jefferson Street) and the Metropolitan Sewer District (700 West Liberty)and Public Works.
b. The property owner/developer must obtain approval of a detailed plan for screening (buffering/landscaping) as described in Chapter 10 prior to requesting a building permit. Such plan shall be implemented prior to occupancy of the site and shall be maintained thereafter.
c. A major subdivision plat creating the lots and roadways as shown on the approved district development plan shall be recorded prior to issuance of any building permits.
d. A Tree Preservation Plan in accordance with Chapter 10 of the LDC shall be reviewed and approved prior to obtaining approval for site disturbance.
If a building permit is not issued within one year of the date of approval of the plan or rezoning, whichever is later, the property shall not be used in any manner unless a revised district development plan is approved or an extension is granted by the Planning Commission.
A certificate of occupancy must be received from the appropriate code enforcement department prior to occupancy of the structure or land for the proposed use. All binding elements requiring action and approval must be implemented prior to requesting issuance of the certificate of occupancy, unless specifically waived by the Planning Commission.
There shall be no outdoor music (live, piped, radio or amplified) or outdoor entertainment or outdoor PA system audible beyond the property line or permitted on the site.
The applicant, developer, or property owner shall provide copies of these binding elements to tenants, purchasers, contractors, subcontractors and other parties engaged in development of this site and shall advise them of the content of these binding elements. These binding elements shall run with the land and the owner of the property and occupant of the property shall at all times be responsible for compliance with these binding elements. At all times during development of the site, the applicant and developer, their heirs, successors; and assignees, contractors, subcontractors, and other parties engaged in development of the site, shall be responsible for compliance with these binding elements.
The materials and design of proposed structures shall be addressed at the time of detailed plans review and approval for each site.
The façade elevations shall be in accordance with applicable form district standards and shall be approved by PDS staff prior to construction permit approval.
The applicant shall provide documentation showing that the development complies with all the regulations from Chapter 4, Part 1, Section 3, Lighting, prior to the issuance of a construction permit for each site.
All street name signs shall be installed prior to requesting a certificate of occupancy for any structure. The address number shall be displayed on a structure prior to requesting a certificate of occupancy for that structure.
Prior to demolition of the existing principal structures/residence on site, the Office of the Historic Preservation and Archives / Landmarks Commission shall be notified and allowed to document the building.
Existing Binding Elements from 9-68-00 (Proposed to be removed)
All binding elements from the approved (9-41-78) General Development Plan are applicable to this site, in addition to the following: (Case 16777 update: 9-41-78 binding elements are not applicable to the site)
The development shall be in accordance with the approved district development plan, all applicable sections of the Land Development Code (LDC) and agreed upon binding elements unless amended pursuant to the Land Development Code. Any changes/additions/alterations of any binding element(s) shall be submitted to the Planning Commission or the Planning Commission’s designee for review and approval; any changes/additions/alterations not so referred shall not be valid.
Prior to development (includes clearing and grading) of each site or phase of this project, the applicant, developer, or property owner shall obtain approval of a detailed district development plan in accordance with Chapter 11, Part 6. Each plan shall be in adequate detail and subject to additional binding elements.
The development shall be in accordance with the approved Preliminary Subdivision Plan. No further subdivision of the land into a greater number of lots than originally approved shall occur without approval of the Planning Commission.
The development shall not exceed 344,349 square feet of gross floor area.
Signs shall be in accordance with Chapter 8.
No outdoor advertising signs, small freestanding signs, pennants, balloons, or banners shall be permitted on the site.
Construction fencing shall be erected when off-site trees or tree canopy exists within 3’ of a common property line. Fencing shall be in place prior to any grading or construction to protect the existing root systems from compaction. The fencing shall enclose the entire area beneath the tree canopy and shall remain in place until all construction is completed. No parking, material storage or construction activities are permitted within the protected area.
Before any permit (including but not limited to building, parking lot, change of use, site disturbance, or demolition permit) is requested:
a. The development plan must receive full construction approval from Louisville Metro Department of Inspections, Permits and Licenses (617 W. Jefferson Street) and the Metropolitan Sewer District (700 West Liberty)and Public Works.
b. The property owner/developer must obtain approval of a detailed plan for screening (buffering/landscaping) as described in Chapter 10 prior to requesting a building permit. Such plan shall be implemented prior to occupancy of the site and shall be maintained thereafter.
c. A Tree Preservation Plan in accordance with Chapter 10 of the LDC shall be reviewed and approved prior to obtaining approval for site disturbance.
A major subdivision plat creating the lots and roadways as shown on the approved district development plan shall be recorded prior to issuance of any Certificates of Occupancy.
If a building permit is not issued within one year of the date of approval of the plan or rezoning, whichever is later, the property shall not be used in any manner unless a revised district development plan is approved or an extension is granted by the Planning Commission.
A certificate of occupancy must be received from the appropriate code enforcement department prior to occupancy of the structure or land for the proposed use. All binding elements requiring action and approval must be implemented prior to requesting issuance of the certificate of occupancy, unless specifically waived by the Planning Commission.
The applicant, developer, or property owner shall provide copies of these binding elements to tenants, purchasers, contractors, subcontractors and other parties engaged in development of this site and shall advise them of the content of these binding elements. These binding elements shall run with the land and the owner of the property and occupant of the property shall at all times be responsible for compliance with these binding elements. At all times during development of the site, the applicant and developer, their heirs, successors; and assignees, contractors, subcontractors, and other parties engaged in development of the site, shall be responsible for compliance with these binding elements.
Prior to the recording of the record plat, copies of the recorded documents listed below shall be filed with the Planning Commission:
Articles of Incorporation filed with the Secretary of State and recorded in the office of the Clerk of Jefferson County and the Certificate of Incorporation of the Homeowners Association.
A deed restriction in a form approved by Counsel to the Planning Commission addressing and other issues required by these binding elements/conditions of approval.
The materials and design of proposed structures shall be substantially the same as depicted in the rendering as presented at LD&T.
The applicant shall provide documentation showing that the development complies with all the regulations from Chapter 4, Part 1, Section 3, Lighting, prior to the issuance of a construction permit for each site. These regulations include the following items:
Mounting Height Limit
Luminaire Shielding
Canopy Lighting Level
Light Trespass
All street name signs shall be installed prior to requesting a certificate of occupancy for any structure. The address number shall be displayed on a structure prior to requesting a certificate of occupancy for that structure.
The cost of the additional left turn lane at the intersection of Blankenbaker Parkway and Bluegrass Parkway will be shared based on an acreage basis for the following properties:
Papa Johns USA Inc -34.56+/- AC
Cecelia S Knight- 23.01+/- AC
Pinnacle Partners, LLC and TSF Properties, LLC- 33.17 +/- AC
The design of the improvements will begin April 1, 2004 and will be submitted to KDOT District Office #5 May 15, 2004 for review and approval. Pinnacle Properties LLC, and TSF Properties, LLC will be the entity responsible for securing the agreements and constructing the improvements. All work is to be complete November 1, 2004.
Parking lot lights shall be reduced to a minimum security level of lighting one hour after final shift is over.
Proposed Binding Elements
The development shall be in accordance with the approved district development plan, all applicable sections of the Land Development Code (LDC) and agreed upon binding elements unless amended pursuant to the Land Development Code. Any changes/additions/alterations of any binding element(s) shall be submitted to the Planning Commission or the Planning Commission’s designee for review and approval; any changes/additions/alterations not so referred shall not be valid.
The development of Tract 3 shall not exceed 70,700 square feet of gross floor area. The development of Outlots shall not exceed 27,750 square feet of gross floor area.
No outdoor advertising signs, pennants, balloons, or banners shall be permitted on the site.
Construction fencing shall be erected when off-site trees or tree canopy exists within 3’ of a common property line. Fencing shall be in place prior to any grading or construction to protect the existing root systems from compaction. The fencing shall enclose the entire area beneath the tree canopy and shall remain in place until all construction is completed. No parking, material storage or construction activities are permitted within the protected area.
Before any permit (including but not limited to building, parking lot, change of use, site disturbance, alteration permit or demolition permit) is requested:
a. The development plan must receive full construction approval from Louisville Metro Department of Inspections, Permits and Licenses, Louisville Metro Public Works and the Metropolitan Sewer District.
b. Encroachment permits must be obtained from the Kentucky Department of Transportation, Bureau of Highways.
c. A minor subdivision plat shall be recorded creating the lot lines as shown on the development plan. A copy of the recorded instrument shall be submitted to the Division of Planning and Design Services; transmittal of approved plans to the office responsible for permit issuance will occur only after receipt of said instrument.
d. A reciprocal access and crossover easement agreement in a form acceptable to the Planning Commission legal counsel shall be created between the adjoining property owners and recorded. A copy of the recorded instrument shall be submitted to the Division of Planning and Design Services; transmittal of approved plans to the office responsible for permit issuance will occur only after receipt of said instrument.
e. The property owner/developer must obtain approval of a detailed plan for screening (buffering/landscaping) as described in Chapter 10 prior to requesting a building permit. Such plan shall be implemented prior to occupancy of the site and shall be maintained thereafter.
f. A Tree Preservation Plan in accordance with Chapter 10 of the LDC shall be reviewed and approved prior to obtaining approval for site disturbance.
Prior to any site disturbance permit being issued and prior to any clearing, grading or issuance of a site disturbance permit , a site inspection shall be conducted by PDS staff to ensure proper placement of required tree protection fencing in accordance with the approved Tree Preservation Plan.
A certificate of occupancy must be received from the appropriate code enforcement department prior to occupancy of the structure or land for the proposed use. All binding elements requiring action and approval must be implemented prior to requesting issuance of the certificate of occupancy, unless specifically waived by the Planning Commission.
There shall be no outdoor music (live, piped, radio or amplified) or outdoor entertainment or outdoor PA system audible beyond the property line.
The applicant, developer, or property owner shall provide copies of these binding elements to tenants, purchasers, contractors, subcontractors and other parties engaged in development of this site and shall advise them of the content of these binding elements. These binding elements shall run with the land and the owner of the property and occupant of the property shall at all times be responsible for compliance with these binding elements. At all times during development of the site, the applicant and developer, their heirs, successors; and assignees, contractors, subcontractors, and other parties engaged in development of the site, shall be responsible for compliance with these binding elements.
The property owner shall provide a cross over access easement if the properties to the south and west are ever developed for a nonresidential use. A copy of the signed easement agreement shall be provided to Planning Commission staff upon request.
A legal instrument providing for the long-term use of the (off-site parking spaces or joint-use parking spaces), as shown on the approved general district development plan and in accordance with (Section 9.1.5 Off-Site Parking or Section 9.1.6 Joint Use Parking), shall be submitted and approved by the Planning Commission legal counsel and recorded in the County Clerk’s office. A copy of the recorded instrument shall be submitted to the Division of Planning and Design Services; transmittal of approved plans to the office responsible for permit issuance will occur only after receipt of said instrument.
The materials and design of proposed structures for Tract 3 shall be substantially the same as depicted in the rendering as presented at the _______ Planning Commission meeting.
The façade elevations for Outlots 1-4 shall be in accordance with applicable form district standards and shall be approved by PDS staff prior to construction permit approval.
Parking lot lights shall be reduced to a minimum security level of lighting one hour after final shifts are over.
Email from Rae Taylor:
From: RAE TAYLOR [taylor_rae@hotmail.com]
Sent: Tuesday, January 10, 2012 7:46 PM
To: Williams, Julia; barry@msdlouky.org; greg@hollenbach-oakley.com; wbb@bardlaw.net; edward.zoller@ic.fbi.gov; bridget.lampton@ic.fbi.gov; Benson, Stuart; stpinlou@aol.com; Scott, Attica W; Shanklin, Barbara; Woolridge, Mary; Tandy, David; Hamilton, Cheri; James, David A; Fleming, Ken; Owen, Tom; Ward-Pugh, Tina; King, Jim; Kramer, Kevin; Blackwell, Rick; Welch, Vicki A; Henderson, Bob; Butler, Marianne; Downard, Kelly; Stuckel, Glen; Ackerson, Jon; Miller, Jerry T; Johnson, Dan D; Engel, Robin; Peden, James; Flood, Madonna; Yates, David; Ackerson, Brent
Subject: Case 16777
The proposed plan for a Cinema complex and 4 restaurants for Sycamore Station is too large for the area. We have three major concerns about the proposed plan: 1 - Water run-off drainage from the area. 2 - Traffic increase to the area. 3 - Security and safety for the FBI building. Our primary concern is water run-off and drainage across the road from the proposed development. Currently the area is acreage composed of soil which can absorb some of the rain and water run-off. Nineteen acres of theater buildings, restaurants and parking pavement will increase the drainage significantly. Due to the contour of the land, there is approximately an 80 to 100 foot drop downhill toward Tucker Station Road. This slope provides a major access for rain water to run down to the property on the east side of Tucker Station Road. The property, owned by the Voit family, has suffered erosion since development was started in the area. A ditch on the north side of the property along I-64 that was once narrow enough to step across has turned into a creek that has deepened and widened, with trees being washed out. The current holding basin on the FBI property is already inadequate for major rain water retention. The proposed development needs to retain its own water run-off. This could be accomplished by building additional holding pond(s) on the north side of Sycamore Station Road and the west side of Tucker Station Road and by reducing the number of buildings and parking area pavement. Benefits to the developer/owner should not include destruction of the neighbor's (Voit) property. THE CHALLENGE: To all responsible parties: Treat the VOIT property at 1411 Tucker Station Road as if it were YOUR property. Control the water run-off drainage! Do the right thing - not just the easiest thing. Requested Actions 1) Planning and Design Services - Deny the approval of the proposed plan. 2) MSD - Control water run-off to prevent erosion. 3) Developer (Hollenbach-Oakley) - submit a plan that will not damage neighbor's property Submitted on behalf of the Voit Family, Diane Voit Taylor Albert Rae Taylor