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RESOLUTION NO. 52 <br />SERIES 2001 <br /> <br />A RESOLUTION DISAPPROVING A SPECIAL REVIEW USE AND AMENDED FINAL <br />PUD DEVELOPMENT PLAN FOR A FUELING STATION AT SAFEWAY STORES 45, <br />INC., 707 SOUTH BOULDER ROAD <br /> <br /> WHEREAS, there has been submitted to the Louisville City Council, a request for approval <br />of a Special Review Use (SRU) and Final PUD Development Plan for the Safeway Store located at <br />707 South Boulder Road; and <br /> <br /> WHEREAS, zoning and subdivision titles of the Louisville Municipal Code (LMC) are <br />intended to set forth the minimum requirements for the promotion of public health, safety, <br />comfort and the general welfare; and <br /> <br /> WHEREAS it is the intent of the general provisions of the zoning title to promote the <br />health, safety, and welfare of the present and future residents of this community by facilitating <br />the adequate provision of adequate public services and facilities through the classification of <br />land use and the distribution of land development and utilization; and <br /> <br />WHEREAS, the subject property is zoned Community Commercial (CC); and <br /> <br /> WHEREAS, the Louisville Municipal Code requires that a fueling station proposal <br />within a CC zoning district also requires a Special Review (SRU); and <br /> <br /> WHEREAS, a fueling station use is not the predominant use within the commercial zone <br />district, such uses are required to be reviewed on a case by case basis to evaluate whether or not <br />by the nature of the use, location, traffic impacts, and safety concerns that the use is appropriate <br />for the area. <br /> <br /> WHEREAS, the Planning Commission has reviewed the user specific information <br />submitted for the SRU against the required Special Review Use Criteria found in Section <br />17.40.100 of the Louisville Municipal Code and found that the proposed SRU use is not in <br />compliance with that required criteria regarding both internal and external site compatibility; and <br /> <br /> WHEREAS, after a duly noticed public hearing concerning said Final PUD Development <br />Plan amendment and Special Review Use, the Planning Commission recommended disapproval to <br />the City Council,; and <br /> <br /> WHEREAS, the City Council finds that said Special Review Use and Final PUD <br />Development Plan should be disapproved; and <br /> <br /> <br />