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RESOLUTION NO. 76 SERIES 2011 A RESOLUTION APPROVING AN AMENDMENT TO THE LOT 2, EMPIRE ROAD SUBDIVISION FINAL PLANNED UNIT DEVELOPMENT PLAN (PUD) TO REPLACE THE EIGHT (8) FOOT EMPIRE ROAD SHOULDER REQUIRED BY THE ORIGINAL PUD WITH A TWO (2) FOOT SHOULDER AND AN OFF-STREET EIGHT (8) FOOT SOFT SURFACE PATH WHEREAS, there has been submitted to the Louisville City Council an application to amend the Lot 2 Empire Road Subdivision Final Planned Unit Development Plan (PUD) to replace the eight (8) foot Empire Road shoulder required by the original PUD with a two (2) foot shoulder and an off-street eight (8) foot soft surface path; and WHEREAS, the City Staff has reviewed the information submitted and found it complies with Louisville Municipal Code —Chapter 17.28; and WHEREAS, after a duly noticed public hearing on October 13, 2011, where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Report dated October 13, 2011, the Planning Commission recommends approval of the PUD Amendment to the City Council with the following conditions: 1. Prior to issuance of the first building permit, the applicant will provide written documentation confirming that the parties who have water rights in the irrigation ditch on the south side of the property have abandoned or agreed to abandonment of the irrigation ditch, or otherwise have consented to the PUD improvements affecting the ditch. 2. The owner shall execute a development agreement for this PUD. The development agreement will stipulate that maintenance of all drainage improvements located in City of Louisville right of way will be the responsibility of the owner. 3. The development agreement will stipulate that maintenance of the private sewer line located on City of Louisville property will be the responsibility of the owner. 4. Prior to completion of foundation inspection for any foundations for the storage facility, the applicant will provide a FEMA elevation certificate which will demonstrate that the finished floor elevation of the lowest floor for the structure will be elevated two feet above existing grade and will otherwise comply with the floodplain development permit. 5. Prior to issuance of the first building permit, the applicant will obtain written permission to cross the property subject to the utility easements on the north side of the property with a private sanitary sewer line from all parties who have an interest in the property under the utility easements. 6. The applicant will address, to the satisfaction of the Public Works Department and prior to commencement of any development, all drainage concerns set forth in the Public Works memorandum dated August 4, 2010. 7. The storage facility will be limited to a maximum of two (2) fifteen (15) square foot signs, one of which will be located on the front (southern side) of the facility, and the other which will be located on the western side of the facility. 8. Prior to certificate of occupancy, the applicant will grant an access easement for public use of the 8-foot soft surface trail shown on the PUD. 9. The development agreement will stipulate that the maintenance of the 8-foot soft surface trail shown on the PUD will be the responsibility of the property owner. Resolution No. 76, Series 2011 Page 1 of 2