City Council Minutes 2006 11 21 - Laserfiche WebLink

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City Council Meeting Minutes November 21, 2006 Page 5 of 17 MOTION: Council member Clabots moved that City Council reconsider Resolution No. 36, Series on December 5,2006, seconded by Council member Marsella. Roll call vote was taken. The motion passed by a vote of 5-1. Council member Muckle voted no. Absent: Council member Yarnell. MCSTAIN/GATEWAY PRELIMINARY PUD DENIAL APPEAL (CONTINUED FROM 11/8/06) Mayor Sisk requested a Staff presentation. City Attorney Light explained under the Louisville Municipal Code (LMC), the applicant may appeal the Planning Commission denial of the preliminary plat and plan. The matter comes before the City Council for public hearing on the rezoning request, and pursuant to McStain's appeal of the Planning Commission decision. Notice was established, the property was posted and the residents within 500' of the property were given notice 15 days prior to the Council hearing. City Attorney Light requested a motion, which would include in the record the following documents: The complete application as filed by the applicant; all the materials in the City Council packet, Title 16 & 17 of the Louisville Municipal Code, the Subdivision and Zoning regulations; and the 2005 Citywide Comprehensive Plan. He noted the City Council packets include emails and correspondence received by the Planning Department related to the application. MOTION: Council member Muckle moved to include all the documents outlined by the City Attorney, seconded by Mayor Pro Tem Brown. All in favor. Absent: Council member Yarnell. City Attorney Light outlined City Council's options: 1) Approve the Plan; 2) Approve the Plan with modifications; 3) Disapprove the Plan or 4) Remand the applicant back to the Planning Commission. Council must direct Staff to prepare the final documents for City Council review and action at a subsequent meeting. Mayor Sisk noted the public hearing was opened on November 8 and continued to November 21. He disclosed he was contacted by the President of McStain Enterprises however he indicated to him he could not discuss this matter. Planning Director Wood explained McStain Enterprises' request is for approval of a Rezoning, Preliminary Subdivision Plat and Preliminary PUD Development Plan for the Gateway Subdivision at the corner of South Boulder Road and McCaslin Boulevard. The Planning Commission proceedings resulted in a 4-4 vote, which is a Planning Commission denial. The applicant is requesting an approval for a rezoning of the property as well as a preliminary subdivision plat and a preliminary PUD development plan. The applicant has submitted the request to modify the entitlements of the property from 7 to 25 single-family lots.