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development in the area. One of the provisions of the IGA is that the City will <br />require an undeveloped buffer along the northern side of the property. <br /> <br />The PUD includes a waiver request for additional height to allow up 77 feet for the <br />buildings and 92 feet for the mechanical enclosure. The applicable regulations <br />allow up to 35 feet for building height and 42 feet for a mechanical enclosure. In <br />addition to the above, waiver requests are considered pursuant to Sec. 17.28.110 <br />and if the spirit and intent of the overall PUD review criteria in Sec. 17.28.120 are <br />met. Sec. 17.28.110 includes the following criteria for waiver requests: <br /> <br />City council finds that the development plan contains areas allocated <br />for usable open space in common park area in excess of public use <br />dedication requirements or that the modification or waiver is warranted <br />by the design and amenities incorporated in the development plan, and <br />the needs of residents for usable or functional open space and buffer <br />areas can be met. <br /> <br />Relevant PUD criteria to the open space proposal under Sec. 17.28.120 include <br />requirements for the following: <br /> <br />A. 4. Functional open space in terms of optimum preservation of <br />natural features, including trees and drainage areas, recreation, views, <br />density relief and convenience of function; <br /> <br />B. 6. Open space within the project shall be located in such a manner <br />as to facilitate pedestrian use and to create an area that is usable and <br />accessible to residents of surrounding developments. <br /> <br />Discussion: <br />The Open Space Advisory Board is established in Title 4 of the Louisville Municipal <br />Code. Per Sec. 4.02.040 – Ongoing duties, as it relates to this development, the <br />board shall: <br /> Provide a recommendation to council and planning commission on <br />development proposals for land immediately adjacent to, or <br />materially impacting, open space lands providing the comments <br />during the standard referral timelines established for the city’s <br />development processes; <br /> Provide input on the location of trails and paths on open space lands; <br /> Provide recommendations as to how open space within the city’s <br />boundaries and immediately adjacent thereto can best coexist with <br />surrounding private land; <br /> Provide recommendations as to how the city can manage park and <br />other land adjacent to open space lands in a manner that best <br />promotes the continued integrity of open space; <br /> Provide any additional recommendation on open space issues the <br />board finds appropriate.