City Council Minutes 2001 12 04 - Laserfiche WebLink

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Louisville City Council Meeting December 4, 2001 Page 9 Pedersen reviewed the Planning Commission conditions and voiced agreement and compliance with condition one and two. Those conditions require the applicant to provide an executed 20-foot public access easement and off-site grading easement from the property owner to the north, and a note on the PUD that the oil change facility shall be required to keep its overhead doors closed during the servicing of vehicles. Pedersen addressed condition three, which requires increasing the spacing between the trees on McCaslin Blvd. He stated that Walgreen's has concern for view corridors, for safety, and marketing issues. He requested that condition three be modified to permit a landscape architect to work with the City' s Forester in the selection of different species of trees. Pederson discussed condition four, which provides for the cash in-lieu of land dedication to be 12 percent of the current fair market value of the property. Pedersen stated that condition four presents a problem for the developer as they feel it is unfair to the Zurick family. He reviewed the letters submitted as exhibits by the Zuricks, which outlined the history of the development and referred to a letter written by City Administrator Leon Wurl. The letter addressed Annexation Agreement and the cash in-lieu of property dedication, which stated that the cash-in-lieu will be according to the property valuation at the time of annexation, providing the property has not been subdivided. Pedersen stated that the Zuricks have dedicated substantial portions of land to the City to build McCaslin Boulevard and Century Drive. Pedersen voiced his opinion that the cash in-lieu should be 12% of the land value at the time of annexation, which would be $7,560. Pedersen stated that they have made significant alterations to their site plan, the design of the buildings and added a retaining wall, which have resulted in substantial cost. He explained that was all accomplished to meet the spirit of the intent of the design guidelines. He felt that the spirit of the intent of the Zurick Annexation Agreement should be kept. Pedersen stated that his offer of a 25% of the 12% figure, $42,900.00 was a fair and asked that the condition four be modified. Pedersen addressed the McCaslin Interchange Fee. He stated that they would agree to be a part of a Special Improvement District that would collect the fee. PUBLIC COMMENTS Norbert Meier, 234 Short Place, Louisville, CO, addressed the 12% cash-in-lieu dedication. He stated that he had written one of the letters documented in the Zurick's exhibits, when he was Mayor of Louisville that addressed the cash in-lieu of dedication fee. He stated that there is a disparity in the fee amounts of $7, 560 and $171,600. He explained that at the time of the Zurich Annexation, the City was seeking out enclaves within the City for future development. He asked that Council give some consideration to the Zurick's on the fee and negotiate a fair amount. COUNCIL QUESTIONS