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RESOLUTION NO. 28 SERIES 2013 A RESOLUTION APPROVING AN AMENDMENT TO PLANNED UNIT DEVELOPMENT (PUD) PLAN FOR THE PURPOSE OF INCREASING THE HEIGHT OF THE PREVIOUSLY APPROVED TOWER TO 47 FEET, EXTENDING TO 80' WHEN TEMPORARILY TESTING WIND GENERATORS MANUFACTURED ON SITE AT LOTS 1&2, BLOCK 5, CTC 1. WHEREAS, there has been submitted to the Louisville City Council an application for approval of an amendment to the previously approved planned unit development (PUD) plan for the purpose of allowing a 47' tower which extends to 80' when temporarily testing wind generators manufactured on site at Lots 1&2, Block 5, CTC 1; and WHEREAS, the City Staff has reviewed the information submitted and found it to comply with Louisville Municipal Code Chapter 17.28; and WHEREAS, the 80 foot height exceeds the standards set by the Louisville Industrial Development Design Standards and Guidelines; and WHEREAS, LMC Sec. 17.28.110 allows for variances from the relevant design standards when warranted by design or amenities and adequately screened; and WHEREAS, the location and screening of the proposed tower and its limited testing period warrant the requested variance; and WHEREAS, after a duly noticed public hearing on May 9, 2013, where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Reports dated May 9, 2013, the Planning Commission finds the PUD amendment should be approved with one condition; and WHEREAS, City Council has reviewed the application, including the recommendation of the Planning Commission and desires to approve the request with one condition; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Louisville, Colorado does hereby approve an amendment to the previously approved planned unit development (PUD) plan for the purpose of allowing a 47' tower which extends to 80' when temporarily testing wind generators manufactured on site at Lots 1 &2, Block 5, CTC 1 with one condition; 1. The mounting and testing of the generator atop the tower shall be limited to eight (8) times, or no more than one hundred and fifty (150) days per year.