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<br />Keany asked Johnstone if there has been any discussion on the railroad vacating the easements <br />around CTC. He would like to place a condition, should they be vacated, that the easements are <br />landscaped to resemble the rest of the plat. He asked the applicant if they would agree to that. <br /> <br />Ginter replied they would agree. <br /> <br />Jay Berger, 1016 Main Street, Louisville, asked that he be allowed to speak on the proposal. <br />Davidson explained the procedure for public comments and allowed Berger to speak. Berger would <br />like for the applicant to complete the following before development begins: take a biological <br />inventory which includes a record of all plants, mammals, birds, and reptiles; and provide a plan for <br />mitigation of any loss of habitat that includes responsibility for the safe relocation of prairie dogs or <br />other mammals or nesting birds on the site. He would like Council to know he has the same <br />comments for any future PUD applications within the City of Louisville. <br /> <br />Lathrop asked to respond to the public comments. He stated that the Colorado Tech Center has been <br />zoned industrial for many years and the owners of the land have a right to utilize the land Under the <br />zoning. If an applicant was proposing a change in zoning, the issues would be valid. Council is only <br />obligated to ensure any applicant complies with the zoning requirements for their property. The! <br />owners have property rights that cannot be denied. <br /> <br />Berger stated that he does not oppose the PUD, but feels that the owners should be required to <br />inform the residents what measures they plan to use with wildlife on the property and asked that <br />Council include this requirement in the design guidelines. <br /> <br />Davidson replied that although he can sympathize with Berger, he is uncertain that Council would <br />be authorized, by an Ordinance or by the State, to include such a requirement. <br /> <br />Howard asked that Sam Light, City Attorney, research and determine what Council's legal <br />obligations and rights are. <br /> <br />Mayer moved that Council approve Resolution No. 23, Series 1998 - Final PUD Development Plan, <br />Lot 11, Block 2, CTC, 465 South Pierce Avenue, seconded by Levihn. <br /> <br />Howard offered a friendly amendment that the option to paint roof top mechanical units be removed <br />from condition number five, agreed to by Mayer and seconder Levihn. <br /> <br />Keany offered a friendly amendment for a PUD note that if the railroad easement is vacated to the <br />property owner, the easement will be landscaped with trees and other appropriate foliage to match <br />the existing property, agreed to by Mayer and seconder Levihn. <br /> <br />Roll call was taken. Motion passed as amended by a 7-0 vote. <br /> <br />6 <br />