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RESOLUTION NO.1 SERIES 2005 A RESOLUTION RECOMMENDING APPROVAL OF THE BOULDER VIEW SUBDIVISION REPLAT AND FINAL PUD DEVELOPMENT PLAN WHEREAS, there has been submitted to the Louisville City Council, an application for a final subdivision replat and final planned unit development (PUD) development plan for Lot 1, Boulder View Subdivision (255 Continental View Drive) to split one 4-acre lot into 2 lots; and WHEREAS, all materials related to the subdivision replat and final PUD application have been reviewed by City Staff and the Planning Commission and found, with conditions, to be in compliance with Chapters 16 &17 of the Louisville Municipal Code, and applicable regulations and agreements; and WHEREAS, after a duly noticed public hearing concerning said final subdivision replat and final PUD on December 14,2004, where evidence and testimony were entered into the public record, including the Staff Report of same date, the Planning Commission recommended approval to the City Council, with conditions; and WHEREAS, City Council has reviewed the application and the recommendation of the Planning Commission and City Council finds that the application should be approved, subject to the following conditions: 1. The effective date of the subdivision replat approval will not occur prior to the effective date of the right-ol-way vacation ordinance. The vacation instruments should be recorded prior to the recording of the plat and the plat reference to the right-ol-way should be eliminated prior to the recordation of the plat. 2. In accordance with the Amendment to Annexation Agreement, Owner shall convey a conservation easement to the City at or prior to the recording of the replat or PUD plan allowing the development of a second residential unit on the Waldman Property. The recording of such easement shall be a prerequisite to the recording of any such replat or PUD plan. 3. The Owner shall execute a covenant which holds both lots as one. The covenant will remain in place as long as the existing residence encroaches on proposed Lot 2.