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RESOLUTION NO. 35 SERIES 2005 A RESOLUTION APPROVING AN AMENDMENT TO THE CRYSTAL ESTATES FINAL PUD DEVELOPMENT PLAN AND SPECIAL REVIEW USE LOCATED AT 1655 CANNON CIRCLE. WHEREAS, there has been submitted to the Louisville City Council, a request for an amendment to the Crystal Estates Final PUD Development Plan and Special Review Use (SRU) for the expansion of auto service use located at 1655 Cannon Circle; and, WHEREAS, all materials related to the PUD and SRU have been reviewed by City Staff, the Planning Commission and City Council and have been found to comply with Chapter 17 of the LMC, including the SRU criteria listed in Section 17.40.100; and, WHEREAS, after duly noticed public hearings on June 8, 2004, and August 11,2005 where evidence and testimony were entered into the record, including the findings in the Louisville Planning Commission Staff Reports of June 8, 2005, and August 11, 2005 the Planning Commission recommended approval to the City Council, with conditions; and, WHEREAS, City Council conducted a duly noticed public hearing on September 6, 2005 where evidence and testimony were entered into the record; and, WHEREAS, City Council has reviewed the application, including the recommendation of the Planning Commission and finds that the application should be approved, with the following conditions: 1. In conjunction with the Final PUDISRU review, the applicant shall execute and record a covenant and agreement to hold Lots 1 and 2 as one parcel. Such instrument shall be completed prior to recordation of the PUD and SRU documents. 2. The applicant shall revise the PUD to add a note which states, 'Auto body repair shall not be a permitted use for the building on Lot 2 which is designated on the PUD as 'Brake and Muffler Garage', or the expansion area reflected on Lot 1 at the north end of the existing building designated as the 'Phase II 1,830 SF expansion area '. 3. The applicant shall revise the final PUD building elevation sheet to reflect the following notes: a. All roof mounted HV A C units shall be fully screened in accordance with the Commercial Development Design Standards and Guidelines (CDDSG). b. All on site trash dumpsters visible from an adjoining public right-ol-way shall be fully screened in accordance with the CDDSG. 4. The applicant shall revise the PUD to relocate the drive access on Cannon Circle 35' west when required, as determined by the City.