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RESOLUTION NO. 4 <br />SERIES 2019 <br />A RESOLUTION RECOMMENDING APPROVAL OF A REQUEST TO AMEND THE <br />FOUNDRY PUD AND SUBDIVISION PHASING PLAN TO MODIFY THE <br />REQUIREMENT THAT BOTH APPROVED COMMERCIAL BUILDINGS BE <br />CONSTRUCTED CONCURRENT WITH THE RESIDENTIAL DEVELOPMENT <br />WHEREAS, there has been submitted to the Louisville Planning Commission an <br />application to amend the phasing plan for the Foundry PUD to allow construction of only one of <br />two commercial buildings concurrent with the residential development approved under the PUD; <br />and <br />WHEREAS, the City Council adopted a condition of approval through Resolution 4, <br />Series 2016 requiring the residential and commercial development to be constructed <br />concurrently; and <br />WHEREAS, the City Staff has reviewed the information submitted and found that the <br />application complies with the Louisville zoning regulations and other applicable sections of the <br />Louisville Municipal Code; and <br />WHEREAS, the Planning Commission has considered the application at a duly noticed <br />public hearing on February 14, 2019, where evidence and testimony were entered into the record, <br />including the findings in the Louisville Planning Commission Staff Report dated February 14, <br />2019. <br />NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the City of <br />Louisville, Colorado does hereby recommend approval of the request to amend the Foundry <br />PUD phasing plan to modify and replace the requirement that both commercial buildings be <br />constructed concurrent with the residential development with the following: <br />1. Residential building permits for the condominiums shall be obtained concurrent <br />with or subsequently with the building permit for one of the two commercial <br />buildings, and <br />2. The last certificate of occupancy for one of the residential 8-plex buildings shall <br />be withheld until: 1) start of construction of the first commercial building <br />commences, as defined by the 2018 International Building Code, which includes <br />the first placement of permanent construction of a building, such as pouring of a <br />slab or footings, installation of pilings or construction of columns; and 2) 30% of <br />the net leasable space has identified tenants with proof being as and executed <br />Letter of Intent coupled with a security deposit. <br />PASSED AND ADOPTED this 14th day of February, 2019. <br />Attest: <br />Debra Williams, Secretary <br />Planning Commission <br />By: <br />Steve Brauneis, Chairperson <br />Planning Commission <br />