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Louisville City Council Meeting October 5, 2004 Page 3 of 9 RESOLUTION NO. 44, SERIES 2004 - A RESOLUTION APPROVING THE HU SUBDIVISION - SPRUCE STREET APARTMENTS Mayor Sisk requested a Staff presentation. Planning Director Paul Wood reviewed the subject property is located on the south side of Spruce Street, between State Highway 42 and the RR tracks, and is owned by Mr. Paul Hu. The property consists of two parcels: 1) Outlot 3 from the East Louisville Subdivision, platted in 1906 and 2) an abandoned railroad right-of-way acquired by the property owner in 1988. The two properties total 2/3 acre and contain two existing structures, a 4-plex on the west and a duplex in the center. The easternmost ¼ of the property is undeveloped. The property is zoned RM, Residential Medium Density, a duplex or townhouse zoning. The property is subject to the yard and bulk requirements of the Old Town Overlay zoning district. The property owner has requested approval of a 3-lot residential subdivision. Each lot meets or exceeds the minimum lot size requirement of 7,000 SF. Lot 1 would contain the 4-plex and Lot 2 the duplex. Lot 3 is proposed for the development of a single family home or duplex based on the lot area of just over 7,000 SF. The applicant requests approval of the PUD to allow relief from that minimum lot size requirement. Portions of the property have been previously subdivided and portions have not. The abandoned RR right-of-way has not been subdivided and would be subject to the public use dedication requirement of 15% based on the proposed residential use, and should also include street right-of-way and easement dedications. In addition to local street access, the property has frontage on State Highway 42. The City has requested the applicant dedicate 37.5 feet of additional right-of-way to the existing 75-foot right-of-way for a 150-foot ultimate right-of-way section. The City has requested the applicant dedicate a 20-foot drainage and utility easement along the southern portion of the three lots combined with a 1 O-foot temporary construction easement. Title to the southeasterly 2,211 SF of the subdivision is in question. Mr. Hu believes he has a claim of ownership based on possession and maintenance. However, he proposes to dedicate the entire parcel to the City as part of the drainage easement and right-of-way dedications. In order to provide clear title, Mr. Hu would need to complete a quiet title legal action. The applicant is reluctant to incur that expense given the proposal to dedicate the property entirely to the City. The applicant proposes a simple PUD plan, which only addresses yard and bulk requirements. The applicant requests the PUD grant Lot 1 a permanent right to 4 dwelling units though the lot size (10,500 SF) authorizes only 3 units. The applicant also requests a setback reduction for the front yard of Lot 3 to a minimum of 10 feet. On September 14, 2004, the Planning g Commission approved the Final PUD with three conditions. Two of the conditions have been met with the revised plan submittal. 3