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RESOLUTION NO. 89 SERIES 2015 A RESOLUTION APPROVING THE FINAL SUBDIVISION PLAT AND PLANNED UNIT DEVELOPMENT (PUD), FOR KESTREL, LOCATED AT 245 NORTH 96TH STREET TO ALLOW THE DEVELOPMENT 191 RESIDENTIAL UNITS AND UP TO 5,977 SQUARE FEET OF NON - RESIDENTIAL DEVELOPMENT WHEREAS, there has also been submitted to the Louisville City Council an application for approval of a final Subdivision Plat and PUD for Kestrel, located at 245 north 96th street, to allow the development of 191 residential units and 5,977sf square feet of non - residential development; and WHEREAS, the City Staff has reviewed the information submitted and found that, subject to conditions, the application complies with the 245 North 96th Street Annexation Agreement, 5th Amendment to the Takoda General Development Plan, the Louisville zoning and subdivision regulations and other applicable sections of the Louisville Municipal Code; and WHEREAS, the Planning Commission held a duly noticed public hearing on the application on November 12, 2015 where evidence and testimony were entered into the record, including without limitation the findings in the Louisville Planning Commission Staff Reports dated November 12, 2015, the Planning Commission recommended approval of said final Subdivision Plan and PUD for Kestrel with the following conditions: 1. The applicant shall note Xcel's prescriptive easement on the subdivision plat prior to recordation. 2. The applicant shall to resolve off -site storm water routing with the Public Works Department and obtain necessary easements prior to recordation. 3. The applicant shall provide an executed agreement between the Goodhue Ditch Company and BCHA to pipe the Good Hue Ditch prior to recordation. 4. The applicant shall comply with the November 5, 2015 Public Works memo prior to recordation. WHEREAS, the City Council has duly considered the Planning Commission's recommendation; and WHEREAS, the City Council has held a duly noticed public hearing on the proposed final Subdivision Plat and PUD for Kestrel, at which evidence and testimony were entered into the record, including without limitation the findings in the City Council staff report and other documents as listed in such report; and, WHEREAS, based on the evidence and testimony in the record, the City Council finds that the proposed final Subdivision Plat and final PUD for Kestrel, subject to conditions, complies the 245 North 96th Street Annexation Agreement, 5th Amendment to the Takoda General Development Plan, the Louisville zoning and subdivision Resolution No. 89, Series 2015 Page 1 of 2