City Council Minutes 2016 02 02 - Laserfiche WebLink

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City Council Meeting Minutes February 2, 2016 Page 4 of 20 also allow two units. Principal Planner McCartney explained Lot 1 follows the M -UR standards (mixed -use residential) and would allow a mix of commercial and residential The mixed -use guidelines provide a minimum density level of 12 units per acre and a maximum of 20 units per acre. The maximum for Lot 1 would be 4 units. Council member Keany addressed Section 16.16.060.B.3, which stipulates the land to be free of encumbrances and asked if it was a requirement or whether Council could waive the provision in view of public land dedication. City Attorney Light explained there will be encumbrances on most land, but the City Council can accept encumbered land as part of the public land dedication, which Council may or may not accept. Council member Keany addressed the exhibit map and asked if the areas in blue, red and green are all encumbered or would they be buildable. Principal Planner McCartney stated those areas are all encumbered by easements and it is the City's policy to not allow any construction within encumbered area unless the easement holder allows it. Council member Keany asked who owns the easement for drainage. Principal Planner McCartney stated the City owns the easement. Council member Keany stated if the City hypothetically acquires the Miner's cabin, they could move the cabins into the drainage area. Principal Planner McCartney voiced his belief the City could. City Attorney Light addressed the City's drainage easement and noted the City replaced the drainage pipe as part of the Drainage Improvement Plan. The project is funded, in part by Urban Drainage and the Flood Control District, who may take a different position. He agreed the City has the right as the easement owner, to allow the cabins to be relocated. Mayor Pro Tem Lipton noted the payment in -lieu has been calculated on a 2014 appraisal and felt it should reflect a current appraisal. He asked for the requirements. City Attorney Light explained the Louisville Municipal Code only references an appraisal at the expense of the applicant. It does not provide any indication of a current appraisal. The language of the ordinance stipulates the appraisal is on the land to be subdivided. He noted the language "to be subdivided" is different from "subdivided ". He explained the appraisal is usually addressed in the subdivision agreement. City Manager Fleming noted a more recent appraisal of the property was slightly less than the 2014 appraisal. He stated based on the information available, it could be negotiated with the property owner or a new appraisal could be requested. Council member Loo addressed a detailed color coded drawing of the easement denoting the easements belonging to the City and Urban Drainage and Flood Control District and Xcel Energy's electric easement. She inquired about the overlapping easements. City Attorney Light explained the City's storm pipe for the drainage is a proscriptive right, but noted the overall improvement to the area will deal with overlapping easements.