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RESOLUTION NO. 69 SERIES 2000 A RESOLUTION DISAPPROVING A FINAL PUD DEVELOPMENT PLAN AND A SPECIAL REVIEW USE TO CONSTRUCTR A CMRS FACILITY FOR QWEST LOCATED AT ONE STORAGE TEK DRIVE. WHEREAS, there has been submitted to the Louisville City Council, a request for approval of an Amendment to a Final PUD Development Plan and a Special Review Use (SRU) for a CMRS facility located at One Storage Tek Drive; and WHEREAS, zoning and subdivision titles of the Louisville Municipal Code (LMC) are intended to set forth the minimum requirements for the promotion of public health, safety, comfort and the general welfare; and WHEREAS, the City Staff has reviewed the information submitted and found it not to be in compliance with Section 17.42 of the Louisville Municipal Code, various provisions of Louisville zoning and subdivision regulations, the Industrial Development Design Standards and Guidelines, and other applicable City regulations; and WHEREAS, after a duly noticed public hearing concerning said Amendment to a Final PUD Development Plan and Special Review Use, the Planning Commission recommended disapproval to the City Council; and WHEREAS, the City Council has reviewed the user specific information submitted for both the Amendment to a Final PUD Development Plan and the Special Review Use (SRU) against the criteria of Title 17 of the Louisville Municipal Code with respect to the definition of an ATS found in Section 17.08.022, and against required Special Review Use Criteria found in Section 17.40.100 of the Louisville Municipal Code and found that the proposed SRU use is not in compliance with that required criteria; and WHEREAS, the City Council f'mds that said Special Review Use and Amendment to a Final PUD Development Plan should be disapproved for the following reasons: The proposed use/development is not consistent with Title 17 of the Louisville Municipal Code, in that the facility is determined not to be eligible for review as an Alternative Tower Structure (ATS). The code requires that any non-building mounted CMRS facility meet the definition of an ATS. The proposed facility is not determined to be an ATS, and is not compatible with the surrounding area.