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ORDINANCE NO. 1604 SERIES 2011 • AN ORDINANCE AMENDING CHAPTER 17.14 OF THE LOUISVILLE MUNICIPAL CODE TO ALLOW GROUND FLOOR MULTI-UNIT DWELLINGS FOR APARTMENTS, CONDOMINIUMS, AND TOWNHOMES IN THE RESIDENTIAL MIXED USE (MU-R)DISTRICT AS A SPECIAL REVIEW USE WHEREAS, the City of Louisville is a Colorado home rule municipal corporation duly organized and existing under laws of the State of Colorado and the City Charter; and WHEREAS, pursuant to such home rule authority and state law, including but not limited to C.R.S. §§ 24-67-101 et seq., 29-20-101 et seq., 31-23-201 et seq. and 31-23-301 et seq.,the City is empowered to establish zoning districts and zone district regulations within the City for the purpose of, among other things, promoting the general welfare of the inhabitants of the City; and to regulate and restrict, among other things,the size of buildings and other structures;the percentage of lot that may be occupied;the size of yards, courts, and other open spaces; the density of population; and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes; and WHEREAS, Chapter 17.14 of the Louisville Municipal Code establishes regulations for the Residential Mixed Use (MU-R) District and applies to all new development, changes in use, or a substantial alteration or expansion of an existing use within the boundaries of the Highway 42 Revitalization Area Plan and as shown on the Exhibit A, Land Use Plan Exhibit to said Chapter 17.14; and • WHEREAS, the ground floor retail requirement for multi-unit dwellings (apartments, condominiums, and townhomes) within the Mixed Use Residential District set forth in Section 17.14.050 has been determined to be inconsistent with the economic realities of the redevelopment district by the City of Louisville sponsored Highway 42 Market, Feasibility, and Financing Study and the conclusions from the April 1, 2011 Louisville Revitalization Commission sponsored developer's forum; and WHEREAS, The Louisville Revitalization Commission has recommended amending Chapter 17.14 of the Louisville Municipal Code to allow ground floor multi-unit dwellings (apartments, condominiums, and townhomes) within the Mixed Use Residential District as a special review use; and WHEREAS, after a duly noticed public hearing held September 8, 2011, where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Report dated September 8, 2011, the Louisville Planning Commission has recommended the City Council adopt the amendments to the Louisville Municipal Code set forth in this ordinance; and WHEREAS, the City Council has reviewed the recommendations of the Louisville Revitalization Commission and the Louisville Planning Commission and desires to adopt the amendments to the Louisville Municipal Code set forth in this ordinance; and • Ordinance No. 1604,Series 2011 Page 1 of 4