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City Council Meeting Minutes August 2, 2011 Page 6 of 12 ORDINANCE No. 1598, SERIES 2011 AN ORDINANCE AMENDING CHAPTER 4.03 OF THE LOUISVILLE MUNICIPAL CODE TO MAKE THE PROVISIONS OF SUCH CHAPTER CONSISTENT WITH THE OPEN SPACE PROVISIONS OF ARTICLE 15 OF THE LOUISVILLE HOME RULE CHARTER, AND AMENDING CHAPTER 4.02 OF THE LOUISVILLE MUNICIPAL CODE REGARDING TERMS OF OFFICE FOR THE LOUISVILLE CITIZEN OPEN SPACE ADVISORY BOARD MOTION: Councilor Muckle moved to approve Ordinance No. 1598, Series 2011, seconded by Councilor Dalton. Roll call vote was taken. The motion carried by a vote of 5 -0. Absent: Mayor Sisk and Councilor Sackett. DISCUSSION/DIRECTION/ACTION EMPIRE SUBDIVISION NO -BUILD LINE Mayor Pro Tem Marsella requested a staff presentation. Planner McMillan explained the Planning Staff received a request to amend the Empire Road Subdivision Annexation agreement to remove the restriction "that no additional structures shall be constructed west of the west line of the existing structure located on the property at the time of annexation." The request was submitted by Brian Lutz, who is interested in operating a business on Lot 1 of the Empire Road Subdivision (1303 Empire Road). His future plans for the property may include expansion of the existing building. Future expansion on Lot 1 of the Empire Road Subdivision is restricted by the aforementioned "no- build" line put in place as part of the annexation agreement. The Empire Road Subdivision was annexed into the City of Louisville in 1986 as a single 6.5 acre parcel. At the time of annexation, the property contained the building, which currently houses the Louisville Glass business. Staff requested Council direction. He listed the three options available to the City Council are as follows: Option 1 Do not modify the Annexation Agreement Option 2 Remove the no- build restriction Option 3 Modify the annexation agreement to include a Tess restrictive no -build line. APPLICANT PRESENTATION Brian Lutz, 133 Griffith Street, Louisville, CO stated his intent is to build a business in Boulder County, preferably in Louisville. He proposes a micro brewery business with food service at the location. The model will be a western European farm to table brewery business. He felt it would be an enhancement to the downtown area. PUBLIC COMMENTS Kyle Callahan, 220 S. Jefferson Avenue, Louisville, CO explained he worked on a proposal for Lot #2 with a client. He explained with all the setbacks, the developable area of Lot #1 is approximately 38 He noted with the prior development request