City Council Minutes 1997 04 01 - Laserfiche WebLink

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found that the process is so difficult, expensive, and prolonged that he then "walked" and left $80,000 on the table on this development. Another buyer Martin had brought the owner looked at the guidelines in the process at the time, along with such fees as the McCaslin Boulevard recovery fee and the 12% in-lieu-of taking fee. She lost that sale as well. The strict guidelines are making it difficult for her to sell her property, so she is trying to develop it on her own with no development background. They felt it makes it economically unreasonable for a small parcel such as this to attain these kinds of measures and be economically successful. They had problems with the drive-thru issues and have made every attempt to conceal the drive-thru completely from McCaslin Boulevard. They felt the new parking ratios for restaurants is excessive. They also had problems with some of the setback issues and the open space and building coverage ratios, which they felt were excessive. Davidson called for anyone else wishing to speak on Ordinance No. 1242. NONE Davidson asked if Council had any questions for those that had spoken. Sisk asked Koelbel, if his memorandum is not adopted and the changes are not made, would Koelbel sue the City of Louisville? Koelbel stated that was incorrect. They would take the position that they are not subject to the new guidelines, because they are subject to the Gateway Guidelines, which were previously approved. Although the City would adopt the new guidelines, their position would be that they would not be subject Centennial Valley. Davidson closed the public hearing and called for Council comments or questions. Lathrop asked the City Administrator how a reasonable resolution of the differences that exist may be accomplished or is it passed that point. Bill Simmons, City Administrator, stated that they spent 15 - 20 hours in committee, staff negotiations were long and sometimes lively, but always professional. He was willing to go back and continue to negotiate. He pointed out that it would be difficult to find complete agreement on every issue. Lathrop appreciated the difficulties involved with this document. He was concerned about putting specifics of development into ordinances. At that point, there would be no flexibility given varying circumstances of property, location, or very specific circumstances. He was concerned about "locking" the City in. Simmons pointed out to Council that at the beginning of the guidelines it states that various standards can be waived by the Council upon application of the developer and that it be on a case-by-case basis.