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RESOLUTION NO. 60 SERIES 2006 A RESOLUTION DENYING A PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY PLANNED UNIT (PUD) DEVELOPMENT PLAN REQUEST FOR GA TEW AY LANE SUBDIVISION WHEREAS, there has been submitted to the City of Louisville a request for approval of a rezoning, preliminary subdivision plat and preliminary planned unit development (PUD) development plan for the property described on Exhibit A attached hereto, which request is styled as the proposed Gateway Lane Subdivision; and WHEREAS, after a duly noticed public hearing on July 23, 2006, where evidence and testimony were entered into the record, including but not limited to the findings in the Louisville Planning Commission Staff Report dated August 10, 2006, and September 21, 2006, the Louisville Planning Commission by a vote of 4 to 4 denied a motion to approve the proposed preliminary subdivision plat and preliminary PUD development plan, which tie vote operated as a disapproval of the such proposed plat and plan (Planning Commission action included no express recommendation regarding the reqm:sted rezoning); and WHEREAS, pursuant to Section 16.12.030 of the Louisville Municipal Code ("LMC"), there was timely filed with the City Council an appeal of the Planning Commission's disapproval of the proposed preliminary subdivision plat and preliminary PUD development plan; and WHEREAS, the City Council held a duly-noticed public hearing on the appeal on November 21, 2006, at which evidence and testimony were entered into the record, including the following documents: all application materials submitted by the applicant, all materials contained in the City Council November 21, 2006 meeting packet, titles 16 and 17 of the LMC, the 2005 Citywide Comprehensive Plan, the subdivision agreement for the existing Gateway subdivision, and the maps, documents and PowerPoint presentation presented or referenced by persons testifying at the public hearing; WHEREAS, at its public hearing, the City Council duly considered the Planning Commission's action on the application and the evidence and testimony presented at the public hearing; and WHEREAS, the City Council finds, for the reasons set forth herein, that the proposed preliminary subdivision plat and preliminary PUD development plan should be denied; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The foregoing recitals are incorporated herein as factual finding of the City Council. Based on the testimony and other evidence presented at the November 21, 2006 City Council hearing, the City Council hereby further makes the following factual findings: 1