City Council Minutes 2008 08 19 - Laserfiche WebLink

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City Council Meeting Minutes August 19, 2008 Page 10 of 18 Councilors response: Yarnell -yes, Muckle -yes, Marsella -yes, Sackett -yes, Clabots -yes, Dalton -yes and Mayor Sisk -yes. Mayor Sisk opened the public hearing and requested a Staff presentation. Planning Director Paul Wood requested Council enter into the record the following materials: The August 19, 2008 Council Communication and Attachments, and emails received from Fred Bacher; Jeannie Schuman and Wayne Plakmeyer; Bennett F. Schmidt; Tom Rafferty and Michael and Sylvie Potts. MOTION: Mayor Sisk moved the requested documents be entered into the record, seconded by Councilor Muckle. All in favor. Planning Director Wood explained this is not an appeal of the Planning Commission findings, but a new public hearing on the proposal. He explained the applicant, ACME Terrace LLC, has submitted preliminary documents initiating the initial phase of the development review process request for Preliminary Subdivision Plat and a Preliminary PUD Development Plan. The total holdings of the owners is 1.2 acres and is comprised of three ownership parcels located on the southwest corner of County Road and Elm Street with frontage on Elm Street and Gounty Road. The applicant requests authorization of land-use entitlements to change the three ownership parcels into six separate parcels for residential development. The development proposes 14 townhomes in 5 separate buildings and 5 single family homes. Formerly the property was occupied by 8 mobile homes and several single family homes. There are currently four single family homes on the property; two will be removed at the time of construction. Land Use Dedication: The Louisville Subdivision Code requires upon the initial subdivision of a parcel, the subdivider dedicate to the City a minimum of 12% of the land for non-residential land uses and 15% for residential land uses for the use of parks, schools and other public uses. The applicant asserts his development proposal should be exempt from the requirements of public use dedication because he believes the property has been previously platted. 100 Year Regulatory Floodplain: The northernly portion of the property is currently within the AH Flood Designation Zone within the 100 year flood district. Prior to any filing or excavatic>n in the regulatory flood plain, a flood plan development permit is required, which are under the jurisdiction of the City's Board of Adjustment. In July of 2007, flood plain development permit was approved by the Board of Adjustment, which provided for all structures located