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3. Prior to City Council review, the phrase "the owners interests are <br />vacated by this document" will be removed from the 8 foot wide utility <br />easement and the access easement agreement on sheet 3 of the final <br />plat, and replaced with the phrase "to be vacated by separate <br />instrument ". Prior to issuance of a building permit, the applicant will <br />provide copies of the documents vacating these easements. <br />4. Prior to City Council review, the building heights for buildings B and C on the <br />cover sheet will be changed to match those shown on sheets A2.2 and A2.3 <br />5. Prior to City Council review, the applicant will revise the parking ratio <br />and the floor area ratio on the cover sheet to reflect 36,000 square feet <br />of retail development instead of 33,700 square feet; and <br />WHEREAS, the applicant has revised the application to address conditions 1, 2, <br />4, and 5, from the Planning Commission Resolution to the satisfaction of City Staff and <br />City Council, and partially met the requirements of condition 3 from the Planning <br />Commission Resolution; and <br />WHEREAS, City Council has reviewed the application, including the <br />recommendation of the Planning Commission; finds that the application complies with <br />LMC Chapters 17.28 and 16.12, and the special review use criteria as set forth in LMC <br />Section 17.40.100, and other applicable requirements, and desires to approve the <br />request with one condition; <br />NOW THEREFORE, BE IT RESOLVED that the City Council of City of Louisville, <br />Colorado does hereby approve the final planned unit development, final plat, and <br />special review use to permit the construction of five (5) buildings, three (3) of which will <br />contain a total of 111 apartment units over structured parking, and two (2) of which will <br />contain 36,000 square feet of retail development, on Tract I of the Louisville North 7th <br />Filing subdivision located at 707 E South Boulder Road with the following condition: <br />Prior to issuance of a building permit, the applicant will provide copies of <br />the documents vacating the 8 foot wide utility easement and the access <br />easement agreement on sheet 3 of the final plat. <br />PAS -� � y, V� OPTED this 2nd day of July, 2013. <br />Ala .� By: <br />Attest. <br />lettiAri <br />Nancy Varra, ity Clerk <br />City of Louisville, Colorado <br />b'Q <br />Robert P. Muc <br />Mayor <br />Resolution No. 37, Series 2013 <br />Page 2 of 2 <br />