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Paul Wood, Planning Director, stated that the applicant is <br />petitioning for the annexation of an 8.238 acre parcel for <br />~ubsequent commercial and retail development. The zoning requested <br />Ks Commercial Business (CB). The property is located just north of <br />U.S. 36, west of McCaslin Boulevard, and to the south of Dyer Road. <br />The Planning Commission held a public hearing on this June 8, 1993, <br />and adopted by 5 - 1, Resolution No. 9, Series 1993, which <br />recommends approval of the annexation and zoning to CB. The City <br />Council met on this at 1st Reading on June 15, 1993, and adopted <br />Resolution No. 22, Series 1993, finding the annexation in <br />compliance with applicable statutes. At the first hearing, City <br />Council requested by inclusion in amendment to the annexation <br />agreement, two additional provisions requiring that the development <br />be in compliance with Centennial Valley Design Guidelines for <br />retail and commercial development and a prohibition on full service <br />gas stations and parking garages and that this condition will be <br />binding on the initial PUD development plan, as well as all <br />subsequent PUD development plan amendments, subject to amendment of <br />this agreement. <br /> <br />Sisk's understanding was that Council had talked about, not only <br />full service gas stations, but with this language he felt they <br />would leave themselves open to a convenience store type of <br />location. <br /> <br />Wood stated that he amend that at Council's direction. <br /> <br />Sisk wanted no gasoline dispensing. <br /> <br />Wood agreed to make that amendment. <br /> <br />Sisk didn't see anything in the agreement that suggests that the <br />ordinances of the City of Louisville would be also applicable. He <br />wondered where it says as part of this annexation that the <br />applicant understands that there will be an open space dedication <br />of not less than 12%. <br /> <br />Griffiths: <br /> <br />This is an agreement, consensual <br />document, between the property owner <br />and the City of Louisville. The <br />city's requirement says they exist <br />and the subdivision regulations are <br />not an agreement. They are a <br />requirement of the city. I do not <br />consider the existing ordinances of <br />the city as being required to be <br />contained within the annexation <br />agreement. <br /> <br />Sisk: <br /> <br />I'm concerned that we don't make <br />reference to the ordinances. <br />Therefore, the annexation agreement <br /> <br />6 <br /> <br /> <br />