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RESOLUTION NO. 39 SERIES 2009 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE DEVELOPMENT OF ONE 40,200 SQUARE FOOT FLEX OFFICE BUILDING AND TWO ADDITIONAL FLEX OFFICE BUILDINGS EACH BEING 18,825 SQUARE FEET. WHEREAS, there has been submitted to the Louisville City Council a request for a final planned unit development (PUD) plan to construct one 40,960 square foot flex office building and two additional flex office buildings each being 18,825 square feet at 739 S. 104th Street on Lot 12 of the Colorado Technological Center Subdivision, Filing 2; and WHEREAS, all materials related to the final PUD development plan have been reviewed by City Staff and the Planning Commission and found to be in compliance with the Louisville zoning ordinances and the Commercial Development Design Standards and Guidelines (CDDSG); and WHEREAS, after two duly noticed public hearings concerning said final PUD development plan on September 10, 2009 and October 8, 2009, where evidence and testimony were entered into the public record, including staff reports dated September 10, 2009 and October 8, 2009, the Planning Commission recommended approval to the City Council, with the following three conditions: 1. Prior to City Council approval the applicant will obtain a deed of easement from the owners of Lot 13 of the Colorado Technological Center Subdivision, Filing 2 to construct improvements including a drainage culvert and rip rap on Lot 13. The development agreement will indicate that maintenance iOf these drainage improvements will be the responsibility of the owner of Lot 12. These documents will be recorded with the Boulder County Clerk and Recorder. 2. The development agreement will contain language outlining the responsibility of th,e owner of Lot 12 to operate and maintain the two City owned but privately maintained waterlines shown on the plans. 3. Prior to City Council approval the applicant will dedicate the utility and access easement shown on the utility plan to the City of Louisville. WHEREAS, City Council has reviewed the application, including the recommendation of the Planning Commission and desires to amend the conditions of approval to allow the applicant to complete conditions 1 and 3 prior to recordation of the PUD;