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RESOLUTION NO. 49 SERIES 2010 A RESOLUTION APPROVING A FINAL PLANNED UNIT DEVELOPMENT PLAN (PUD) TO CONSTRUCT A 50,646 SQUARE FOOT STORAGE FACILITY LOCATED AT 1301 EMPIRE ROAD ON LOT 2 OF THE EMPIRE ROAD SUBDIVISION WHEREAS, there has been submitted to the Louisville City Council a request for a final planned unit development (PUD) plan to construct a 50,646 square foot storage facility located at 1301 Empire Road on Lot 2 of the Empire Road Subdivision; 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 Industrial Development Design Standards and Guidelines (IDDSG); and WHEREAS, after a duly noticed public hearing concerning said final PUD development plan on August 19, 2010, where evidence and testimony were entered into the public record, including the staff report dated August 19, 2010, the Planning Commission recommended approval to the City Council, with the following six conditions: 1. Prior to issuance of the first building permit, the applicant will provide written documentation confirming that the parties who have water rights in the irrigation ditch on the south side of the property have abandoned or agreed to abandonment of the irrigation ditch, or otherwise have consented to the PUD improvements affecting the ditch. 2. The owner shall execute a development agreement for this PUD. The development agreement will stipulate that maintenance of all drainage improvements located in City of Louisville right of way will be the responsibility of the owner. 3. The development agreement will stipulate that maintenance of the private sewer line located on City of Louisville property will be the responsibility of the owner. 4. Prior to completion of foundation inspection for any foundations for the storage facility, the applicant will provide a FEMA elevation certificate which will demonstrate that the finished floor elevation of the lowest floor for the structure will be elevated two feet above existing grade and will otherwise comply with the floodplain development permit. 5. Prior to issuance of the first building permit, the applicant will obtain written permission to cross the property subject to the utility easements on the north side of the property with a private sanitary sewer line from all parties who have an interest in the property under the utility easements. 6. The applicant will address, to the satisfaction of the Public Works Department and prior to commencement of any development, all drainage