City Council Minutes 1994 10 18 - Laserfiche WebLink

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- 2.30 units per acre net density (less the open space) Open space - dedication of 4.39 acres for open space (19% of 22.6 acres) Wood commented that the proposal is consistent with the A-OT zoning. The Development Plan was consistent with the goal and policies of the Northwest Sub-Area Comprehensive Plan. The balance of the property, 22.6 acres was not consistent with the Restricted-Rural Residential (R-RR) or one unit per five acres, as adopted in the Northwest Sub-Area Plan. He had advised the applicant that as of June 2, 1994, the effective date of Ordinance No. 1147, Series 1994, R-E wass no longer an eligible zone district for annexations. The applicant submitted a letter requesting the corresponding zone district Single Family-Medium Density (SF-MD), a similar zone district to R-E. Planning Commission held a public hearing on March 8, 1994, and voted 4 - 2 to disapprove the annexation. Findings of Fact (SEE ATTACHED) were adopted by the Planning Commission on October 11, 1994. Howard called for the applicant's presentation. Don Ostrander, legal counsel for the Louisview Corporation, 7800 East Union, Denver, Colorado, stated that this property was subject to condemnation from McCaslin Boulevard in mid-'85 and the landowner was concerned about the property being bisected, a 6 acre parcel on one side and a 23 acre on the other side. The landowner's attorney's presented a case at that time stating that the property might be damaged. The city, through its appraisers, land planners, and other witnesses stated that this parcel would always be treated as one parcel, so the property was not damaged. It was benefitted because McCaslin would bring traffic to the property, create more commercial opportunity, hasten the annexation of this property by the city, and change the highest and best use of the property to commercial. The city won that case. They felt the city's position in 1986 about McCaslin Boulevard being a commercial opportunity had changed, as McCaslin Boulevard is the gateway to the city. He stated that there is now 20% of the density that the city said was likely for this parcel back in the condemnation case. Based on what they were told in the beginning of this process, they thought they were going to be partners in this, because the city would get to connect up some open space trails to the north and south. They wanted to know if that was still the case. Linda Halman, land planner with Norris Dullea Company, 243 East 19th Avenue, Suite 100, Denver, Colorado 80203, representing the Louisview Corporation, stated that they have been extensively involved with the city's revisions to the city's Comp Plan for the Northwest Sub-Area, as well as proposed and now finalized revisions to the AO-T zone. She reviewed the Concept Plan. Barry Morris, 2991 Pearl Street, Boulder, Colorado, Louisview Corporation, had reviewed the transcripts of the previous condemnation case, along with transcripts given by people hired by the then Louisville City Council, who advised Louisview and the Court that they would be entitled to 12 units per acre along the McCaslin Boulevard strips. He stated that Louisview was offering 1/2 acre, 20,000 s.f. sites. Howard called for public comments. 7