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RESOLUTION NO. 52 SERIES 1998 A RESOLUTION APPROVING A FINAL PUD DEVELOPMENT PLAN FOR FAN'S RESTAURANT AND BAR CENTURY OFFICE PARK, LOT 9A WHEREAS, there has been submitted to the Louisville City Council, a request for approval of a Final PUD Development Plan for Fan's Restaurant and Bar on Lot 9A, Century Office Park; and WHEREAS, all materials related to the Final PUD have been reviewed by City Staff and the Planning Commission and found, with conditions, to be in compliance with the Louisville zoning ordinances, subdivision regulations, related policies, and previous approvals; and WHEREAS, after a properly advertised public hearing concerning said Final PUD, the Planning Commission recommended approval to the City Council, with conditions; and WHEREAS, the applicant has substantially revised their application in response to Planning Commission recommended conditions and City Council finds that said Final PUD should be approved with the following conditions: I. That the row of bollards and chain along the west side of the building shall be removed; That two additional deciduous shrubs are planted on each side of the two terraced retaining wall sections for a total of eight additional deciduous shrubs; That the perennial bed at the site entrance from McCaslin Boulevard shall be increased in area by a factor of two; That the parking light fixture on the north side of the building be shifted to the east the distance of one parking space; and, o That the applicant work with Staff to correct the minor errors existing in the plans prior to recording this Final PUD Development Plan. That the applicant/owner agrees to formalize the commitment to participate in possible future funding of McCaslin Interchange improvements, including acknowledgment that they will not protest inclusion in a possible special improvement district on grounds that their properly does not benefit by such improvements, with language to be incorporated onto the PUD and in a developer's agreement that is subject to approval by the City Attorney, City Administrator and Mayor.