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• RESOLUTION NO. 77 SERIES 2012 A RESOLUTION APPROVING A SPECIAL REVIEW USE (SRU) PERMIT AND A PRELIMINARY PLANNED UNIT DEVELOPMENT (PUD) TO PERMIT THE CONSTRUCTION OF FIVE (5) BUILDINGS, THREE (3) OF WHICH WILL CONTAIN A TOTAL OF 111 APARTMENT UNITS AND STRUCTURED PARKING, AND TWO (2) OF WHICH WILL CONTAIN 33,700 SQUARE FEET OF RETAIL DEVELOPMENT, ON TRACT ONE OF THE LOUISVILLE NORTH, FILING 7 SUBDIVISION LOCATED AT 707 E SOUTH BOULDER ROAD. WHEREAS, there has been submitted to the Louisville City Council an application for approval of a special review use (SRU) permit and a preliminary planned unit development (PUD) to permit the construction of five (5) buildings, three (3) of which will contain a total of 111 apartment units and structured parking, and two (2) of which will contain 33,700 square feet of retail development, on Tract One of the Louisville North, Filing 7 subdivision located at 707 E South Boulder Road; and WHEREAS, all materials related to the proposed SRU and preliminary PUD development plan have been reviewed by City Staff and the Planning Commission and found to be in compliance with the Louisville Municipal Code Sec. 17.28.170, and Sec. 17.40.100 and the Commercial Development Design Standards and Guidelines (CDDSG); and WHEREAS, after a duly noticed public hearing on October 25, 2012, where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Report dated October 25, 2012, the Planning Commission recommended approval of the proposed SRU and preliminary PUD development plan, with conditions; and WHEREAS, City Council has reviewed the application, including the recommendation of the Planning Commission and desires to approve the request with conditions; cva WHEREAS, the City Council finds, pursuant to sections 17.28.110 and 17.28.120 of the Louisville Municipal Code, that the requested modifications to underlying standards and requirements set forth in the application, including a 29 unit density bonus as calculated under the area to be used for residential purposes outlined in Option #3 on page 183 of the Council Communication, are consistent with the spirit and intent of the PUD development plan criteria and warranted for the following reasons: 1. The proposed dedication of common spaces with public easements provides usable and functional common areas sufficient to meet the needs of residents and provides common areas in excess of amounts that would be required in the event of initial subdivision of the property. 1