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RESOLUTION NO. 6 SERIES 2003 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND A FINAL PUD DEVELOPMENT PLAN FOR COLORADO TECHNOLOGICAL CENTER FILING NO. 2 WHEREAS, there has been submitted to the Louisville City Council, a request for approval of a final subdivision plat and a final PUD development plan for a 16 lot subdivision, on 67 acres, to be known as the CTC Filing No. 2 Subdivision; and WHEREAS, all materials related to the final subdivision plat and PUD development plan have been reviewed by City Staff and the Planning Commission and found, with conditions, to be in compliance with the Louisville zoning ordinances, subdivision regulations, and other pertinent agreements; and WHEREAS, after a duly noticed public hearing concerning said final subdivision plat and final PUD on March 11, 2003, where evidence and testimony were entered into the public record, including the Staff Report dated March 11, 2003, the Planning Commission recommended approval to the City Council, with conditions; and WHEREAS, City Council has reviewed the application and finds that said Final Subdivision Plat and Final PUD Development Plan should be approved, with the following condition: 1. The required subdivision agreement for the CTC Filing No. 2 will reflect the ability of the Subdivider to pursue standard recovery for one -half of the costs of right -of -way acquisition and road construction for Boxelder Street and CTC Boulevard from the Bennett property at the time of subdivision and development. 2. The Subdivider shall convey to the City a conservation easement in gross over the platted conservation easement prior to recording of the Final Subdivision Plat. Subdivider or the underlying owner(s) of the lots encumbered by the easement shall at their expense landscape and maintain easement in accordance with landscape plans approved in writing by the City, and in accordance with the deed of conservation easement in gross. 3. The timing of landscape installation over the easement shall be subject to the IDDSG, the PUD landscaping plan, and current water management practices which are in effect at the time. The plan may be modified to reflect a limitation on the installation of all or a portion of the required landscaping. Those portions, which will be deferred, based upon current water management practices, will be secured with a letter of credit. 4. Prior to issuance of building permits on either Lot 11 or 15 of the Subdivision, Subdivider shall cause there to be recorded instruments which fully vacate or relocate the roadway portion of the 30 foot wide roadway and utility easement across Lots 11 and 15. Further, if the roadway portion of the easement is relocated, then the road improvements to Boxelder Street and CTC Boulevard north of Boxelder Street shall be completed prior to any closure of the existing easement."