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<br />Planning Commission <br />Meeting Minutes <br />APRIL 20 2006 <br />Page 11 of 17 <br /> <br />Wood stated that if the city had taken care of the requirements in 1987 we wouldn't be faced <br />with these questions. <br /> <br />Lipton recommends that the land dedication issue should be addressed by City Council and that <br />the Commission can condition that to the Council. <br /> <br />Sheets requested that the City Attorney review the 1987 subdivision agreement as to whether the <br />land dedication can be modified. <br /> <br />Lipton asked if subdividing releases anyone of a personal financially obligation. <br /> <br />The Commission agreed that it does not. <br /> <br />Olson stated that the owner wants to subdivide so it releases the group home of a financial <br />burden. The owner can then sell the other lots as he so desires. <br /> <br />Sheets and Lipton both asked if a property can be subdivided without a development plan. <br /> <br />Wood stated that the municipal code does allow subdividing a property without a development <br />plan. <br /> <br />Lipton asked if the Commission would see the development plan. <br /> <br />Wood stated that anything over a single family home would require a review by the Commission. <br /> <br />Members of the Public: None heard. <br /> <br />Commission Questions of Staff and Applicant: No additional questions. <br /> <br />Public Hearing Closed / Commission Comments: <br />McA vinew stated that he supports the request. <br /> <br />Deborski stated that he supports the request and the condition that City Council address the <br />concern of the applicant regarding the cash-in-lieu requirement. <br /> <br />Discussion followed with numerous suggestions for how to handle the cash-in-lieu. <br /> <br />Wood reminded the Commission that they will see this application as a final before it goes to <br />City Council. He also stated that the subdivision agreement is a contract and states cash-in-lieu. <br /> <br />Discussion and review of conditions 2 and 4 followed. <br /> <br />Loo moved and Dalton seconded a motion to approve Resolution No. 16, Series 2006 a <br />resolution approving a preliminary subdivision plat for a three-lot residential subdivision with <br />the following four conditions: <br />1) The density limitation imposed by a condition of approval of the Clementine <br />Subdivision and Special Review Use shall be retained and incorporated into a <br />revised subdivision agreement. Upon the submittal of a PUD plan the applicant <br />may request a modification of the density limitation. <br />2) The subdivider shall meet the deferred obligation of the public-use dedication by <br />a one time payment of a cash-in-lieu fee, the amount to be in accordance with the <br />Louisville Municipal Code Chapter 16 titled Subdivisions. The fee shall be based <br />on the total appraised current market value of the land to be subdivided. The <br />current fair market value of the land shall be based on a certified appraisal of the <br />property which should be provided as part of the final subdivision plat submittal. <br />Payment of the cash-in-lieu-fee shall be paid prior to the issuance of the first <br />