City Council Minutes 1994 10 04 - Laserfiche WebLink

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multi-family use and a financial agreement that established equity over that process might be arrived at. Lathrop felt the city and McStain had abided by that plan for 14 years and he was not about to break the integrity of the city. The city had a moral obligation. He commented that the McStain people were good people and a good representation of developers. He felt the plan was sufficient to meet the criteria and needs of the neighborhood. Immediately south of this project is an existing townhome project which is not incompatible at all. Levihn agreed with Lathrop's comments. He felt the schools were a non-issue, as by the time this project gets offthe board the school issue will be dead as far as the new building, which will be built. Davidson saw the Planning Commission and Planning Department's recommendations as recommendations. As far as diversity, he felt that the vast majority of land that is annexed and zoned is zoned for multi-family. No where in this area does the city have R-E size lots, so R-E size lots would provide diversity. He felt for the most part they had met the criteria for Special Review Use, but not totally. He stated that Council had found that private substantially substandard streets are a major mistake, as every area of Louisville that has those streets, people complain and wonder when the city is going to fix those streets. He preferred arbitration to avoid the high cost of Court. Lathrop moved that Council approval of Resolution No. 54, Series 1994, a resolution approving a Final Subdivision Plat, Final PUD Development Plan, and a Special Review Use for Centennial II, with two conditions: 1.) 2.) That an access easement to Via Appia across the Recreation Center property needed to be indicated on the PUD and the Plat. Prior to recording of this PUD and Plat this easement needed to be dedicated by separate instrument and recorded with recording information noted on the PUD and Plat. That no construction access shall be permitted from Owl Drive. All construction access shall be from Via Appia. Keany seconded. Roll call was taken. Motion failed by a 3 - 4 vote with Davidson, Howard, Sisk, and Mayer voting against. Howard moved that Council direct the City Attorney to prepare Findings of Fact and conclusions of law consistant with the hearing to be presented to Council meeting in two weeks. Seconded by Mayer. Roll call was taken. Motion passed by a 4 - 3 vote with Keany, Lathrop, and Levihn voting against. 23