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Diesendorfreplied he was not aware of that and agreed to discuss it with the operations staff in the <br />distribution center. <br /> <br />Lathrop requested that condition number four of Resolution No. 29 be corrected to read "The <br />building enclosure for the condensor unit ..... shall be a minimum of fifteen inches above the height <br />of the condensor unit." versus fifteen feet. <br /> <br />Levihn questioned the parking location and visibility of any trucks that may be on-site over twenty- <br />four hours. <br /> <br />Diesendorfreplied that they would be visible only from an easterly direction and the intent is to not <br />have them on the street. <br /> <br />Levihn asked to address the public comments. He agreed that while everyone would like to have <br />small businesses locate in this area, the property cost here would be prohibitive and it was zoned for <br />commercial development some time ago. He feels that Sam's Club is a very good addition to the <br />City. <br /> <br />Howard questioned when the property was zoned and annexed. <br /> <br />Sam Light, City Attomey, replied the property was first annexed in 1979 and zoned planned <br />community zone district in 1986. Parcel 'O' was identified as a residential/commercial area, and the <br />residential area has been portioned off and lies east of Dahlia. <br /> <br />Howard questioned the ramifications for the City if this application were denied. <br /> <br />Light replied that if the application was denied solely on the basis of the proposed use of the parcel <br />for retail activity, he would expect there would be litigation on that issue. The planned community <br />zone district general development plan and development agreement in place indicates that retail <br />establishments on this site would be use-by-right. <br /> <br />Howard asked to address the public comments. He explained that since Louisville is a statutory city, <br />it receives its laws from the State. Hence, once zoning rights are granted, they cannot be changed. <br /> <br />Davidson stated that while he agreed with the public comments, the City cannot turn this <br />development down unless it doesn't meet the zoning criteria for this area. He complimented the <br />applicant for increasing the number of trees and landscaping in this PUD. <br /> <br />Lathrop stated that Council has worked diligently to protect the City's ability to pay its bills and <br />provide citizens with the services they need. If they are successful, the citizens will benefit from <br />lower taxes and assessments, and increased amenities. This location was identified for large <br />commercial use over eight years ago, and he feels that Sam's Club is the type of corporate citizen <br /> <br /> <br />