City Council Agenda and Packet 2012 12 04

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City Council Meeting Minutes November 5, 2012 Page 8 of 15 City Attorney Light addressed the 3 -3 vote and asked if staff should forward a resolution of denial for the next meeting. Council directed staff to forward two resolutions; one for approval and one of denial. RESOLUTION No. 77 SERIES 2012 — A RESOLUTION APPROVING A SPECIAL REVIEW USE (SRU) PERMIT AND A PRELIMNINARY PLANNED UNIT DEVELOPMENT (PUD) TO PERMIT THE CONSTRUCTION OF FIVE (5) BUILDINGS, THREE (3) OF WHICH WILL CONTAIN A TOTAL OF 111 APARTMENTS UNITS, A 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 EAST SOUTH BOULDER ROAD Mayor Muckle requested a staff presentation. City Attorney Light reviewed the public hearing is on a land development application for the Safeway site at 701 E. South Boulder Road and includes a special review use request and a preliminary development plan request, with an associated preliminary plat. The public hearing is on all parts of the application and persons who wish to speak regarding the application may speak on any aspect of the application. The general order for the hearing will be such that the City Council will first hear a staff presentation followed by an applicant presentation and then public comment. Public comments will be followed by City Council questions and comments and then by an additional opportunity for public comment prior to any Council action. Persons who wish to speak are asked to fill out a sign -in card and hand it to the City Clerk. Members of the public wishing to speak are asked to limit their comments to three minutes each. Speakers are not required to be sworn in but are reminded their comments are part of the official record and will be recorded. All comments should be directed to the City Council. Any speaker who has documents to distribute to the Council is asked to give those to the City Clerk. A copy of any documents submitted will be posted at the back of the room. City Attorney Light requested the City Council by motion, include in the record of the proceedings the following documents: all application materials submitted by the applicant in connection with this application; all materials included in the City Council packet consisting of the City Council staff communication and all attachments included with the communication; all written referral and all public comments received regarding this application; the City Comprehensive Plan, and the City subdivision and zoning ordinances set forth in titles 16 and 17 of the Louisville Municipal Code. MOTION: Mayor Muckle moved to include all the documents outlined by the City Attorney into the record, seconded by Mayor Pro Tem Dalton. All were in favor. Absent: Council member Sackett. 20