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allows as permitted uses a range of commercial uses including retail, restaurant, office and personal services uses. Multi-unit dwellings are a special review use in the C-C zone district. c. The property subject to the application is located adjacent to Village Square shopping center to the west. To the south and across South Boulder Road is the Scenic Heights subdivision, a single-family residential subdivision. To the east and across Centennial Drive is land zoned C-C containing a bank, medical offices, and a child care facility. To the north are the Village Condominiums, on land zoned C-C. Further to the north of the property is the Louisville North subdivision, a single-family residential subdivision. South Boulder Road is an arterial street. Centennial Drive is a major collector street. d. The property subject to the application is currently the site of a vacant former Safeway grocery store, including 54,000 square feet of retail space. e. The project proposed by the application would consist of five buildings, containing a total of 160 apartment units and structured parking and 9,500 square feet of retail development, with a maximum height of 40 feet. f. Mr. Jim Loftus, representative of the applicant, testified at the hearing that the Safeway site is no longer a viable retail location given changes in the market and the local geography. He also testified that introducing residential use on the property would provide additional customers to area retailers. g. The neighborhood surrounding the property subject to the application includes single family and multi-family dwellings which are permitted by the LMC to be a maximum height of 35 feet, and can contain between 1 dwelling unit per 12,000 square feet of lot area and 1 dwelling unit per 7,000 square feet of lot area. h. The decision criteria that apply to the applicant's special review use request are set forth in Section 17.40.100 of the Louisville Municipal Code. i. The decision criteria that apply to the applicant's proposed preliminary planned unit development are set forth in Chapter 17.28 of the Louisville Municipal Code, and primarily in Section 17.28.120 of that Chapter. Section 3. Based on the foregoing findings and the evidence and testimony presented at the hearing, the City Council hereby concludes that the application should be denied for the following reasons: a. The proposed SRU does not meet special review use criteria A.1 of Section 17.40.100 of the LMC. In particular, the applicant has failed to demonstrate that the application "is consistent in all respects with the spirit and intent of the comprehensive plan and of this chapter [17.40], and that it would not be contrary to the general welfare and economic prosperity of the city or the immediate neighborhood." In this regard, the City Council concludes the proposed development would replace the existing 54,000 square foot vacant retail space with 9,500 square feet of retail and 160 residential units. The City Council concludes that eliminating this extensive an amount of existing commercial retail space from the City would undermine the City's long-term capacity to generate adequate sales tax revenue. Resolution No.25,Series 2012 Page 2 of 4