City Council Minutes 2003 05 20 - Laserfiche WebLink

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Louisville City Council Meeting May 20, 2003 Page 7 of 11 MOTION: Sisk moved that Council approve Resolution No. 15, Series 2003, including conditions 1,2 and 3; condition 3 to be amended to remove the words "but in no case longer than July 1, 2005". Conditions 6 and 7 are included, and renumbered to #4 and #5, seconded by Keany. Roll call vote was taken. The motion passed by a vote of 7-0. ORDINANCE NO. 1421, SERIES 2003 - AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE LOUISVILLE MUNICIPAL CODE TO ADDRESS WATER TAP FEES AND USE TAX OBLIGATIONS FOR SENIOR INDEPENDENT LIVING UNITS - 1st reading - set public hearing 6/3/03 Davidson called for City Attorney introduction. City Attorney Sam Light read Ordinance No. 1421, Series 2003. Simmons asked for Staff presentation. Planning Director Paul Wood reported the intent of the provision is in response to a request by Michael Schonbrun, owner/developer of the approved Lodge at Balfour development. The request is for a reduced water tap assessment and an exemption from residential use-tax. He reviewed the Lodge proposes fully independent living units with complete kitchens. There are a total of 95 units in the main building, and two 4-plex "cottage" buildings. The type of the construction for the Lodge is based upon "residential" as opposed to "institutional" construction. Under the current code, the minimum tap fee, regardless of fixture count, would be assessed for apartments or condos at 100% of the first tap, and 60% of each subsequent unit for a %-inch tap. Also, as a residential complex, each unit is subject to payment of both the Capital Improvement fee, as well as the Community Investment Fee. Mr. Schonbrun is requesting a 30% reduction in the cost of a ¼-inch tap, ($5,400 vs. $18,000) after full payment for the first tap. Wood stressed the importance of maintaining a clear distinction between commercial and residential. He noted assisted living units would always be considered commercial units; while independent living units will be characteristic with residential units. He stated the facility is age restricted to 60 year old or older; and will provide a level of congregate care to its residents, and be deed restrictive that each unit is limited solely to senior independent housing use. Wood addressed the report gathered by Brian Rick & Associates, which summarized information from various jurisdictions in the Metro area. He stated the City's building fees for the project, would drop from $2.5 million dollars to $1.6 million dollars. Davidson questioned whether zoning districts should be established and if the use-tax should be exempt. He noted the use tax is currently for improvements to schools, however the tax sunsets in December of 2003, and a new tax may be requested for municipal facilities. He requested water rates and user fees, which would provide water rate increase with increase in water consumption. 7