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City Council <br />Meeting Minutes <br />April.7, 2015 <br />Page 5 of 25 <br />current facility. Notices were sent to surrounding property owners within 500 feet, but to <br />date, no comments have been received. <br />Public Land Dedication: The required dedication is 12% of the land being platted for a <br />non - residential property, or cash -in -lieu equaling 12% of the appraised value of the <br />property. This is already public land, but in keeping with the Louisville Municipal Code, <br />staff recommended the project be conditioned on dedicating a combination of land <br />and/or cash -in -lieu equivalent up to 12% for portions of the planned trail and <br />improvements as determined in the analysis of altemative trail alignments. Payment <br />would be through the Utility Enterprise Fund. Developing this trail would connect the <br />future US 36 underpass and link Davidson Mesa with the Marshall Open Space. This <br />connection will create a regional trail from Louisville to Eldorado Springs. <br />Special Review Use: City Facilities are allowed land use with a special review use <br />permit.. LMC Section 17.40.100 (A) lists five criteria to be considered by the Planning <br />Commission in reviewing a Special Review Use application. The Planning Commission <br />is authorized to place conditions on their recommendation of approval, if they believe <br />conditions are necessary to comply with the criteria. Staff believes all five criteria for the <br />Special Review Use have been met. <br />Staff recommendation: Staff recommended approval of the final Plat, PUD and SRU for <br />the. Louisville WWTP with the following condition: <br />1.. The Howard Berry Water Treatment Facility shall dedicate a combination of land <br />and or cash -in -lieu equivalent to, up to, 12% of the project site area needed for <br />the portions of the planned trail and improvements as determined in the <br />Altematives Analysis. <br />Resolution No. 16, 2015 has been modified by the City Attorney to further condition the <br />Plat dedication statement to remove the access easement dedication as the trail <br />corridor will be established at a later date. <br />COUNCIL COMMMENT <br />Council member Loo inquired whether this type of trail dedication has ever been <br />included in a final plat on city owned land. She felt the trail should be paid by the parks <br />and open space funds rather than the Water Enterprise Fund. <br />Planning and Building Safety Director Russ explained City departments have been <br />asked to contribute to the trail systems when it crosses through City property. He noted <br />the Enterprise Fund contributed to the trail through the Waste Water Treatment Plant, <br />which was approved last month.. He explained Section 16.16.060.B.1 of the Louisville <br />Municipal Code provides the City Council the discretion to determine public land <br />