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Brisnehan stated that they are not counting the right-of-way as part of their dedication, but they are <br />counting the Public Service right-of-way. <br /> <br />Sisk stated that this parcel is an acre short of the open space dedication. <br /> <br />Wood: <br /> <br />The acre deficiency would be from the 50%, so we'd <br />have the 30,000 s.f. on top of the one acre. So, we'd <br />have close to 1 3/4 acres deficient on Tract A. <br /> <br />Brisnehan stated that it has to do with the draining of the lake. They would prefer to drain the lake <br />and give the City the ground. <br /> <br />Sisk wondered why compact spaces were figured in the parking. <br /> <br />Brisnehan stated that the entire world is using compact spaces, including Louisville's sister cities. <br />There are only 24 compact spaces out of 122, with adequate handicapped space. He stated that the <br />people contracting to buy this property are going to own Lot 2 also, so there can be an adjustment. <br />If there is a violation of parking spaces the Police Department has the power to demand a remedy. <br />If there is short parking, the people acquiring this property would be prepared to either limit the <br />square footage or to add parking. He commented that the building has to be limited to 16,280 or add <br />parking. <br /> <br />Mayer wondered what the original annexation agreement was regarding open space and how had it <br />been addressed so far. <br /> <br />Wood was not sure. He commented that Louisville Filing No. 1 agreed to an off-site land dedication, <br />which was met in Louisville Filing No. 2 with the 4.4 acres, but the applicant received credit for only <br />3.4 acres of that property. <br /> <br />Mayer stated that the first filing deferred some open space to the second filing, which still has some <br />open space still unresolved, because Hecla Lake was only dedicated at 50% when that PUD was filed. <br /> <br />Wood understood that that was the agreement approved at that time to only grant 50% based upon <br />the amount of water in the lake. Because the water surface had gone down and the long term future <br />of the lake is uncertain, the applicant is requesting that they receive 100% credit for the 4.4 acres. <br />He explained that that is the basis for Tract A and its current area of 1.9 acres rather than 3 acres on <br />the general development plan: Wood stated that it would cost a lot of money to bring the dam up <br />and be safe to actually become a water amenity for the Pow-Wow grounds. <br /> <br />Mayer wondered if the City made a commitment that, if the lake was changed, it would change the <br />open space dedication. <br /> <br />Wood was not aware of any commitment or the terms of the Annexation Agreement. <br /> <br />7 <br /> <br /> <br />