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M <br />never seen the revised site plan or reviewed it. He asked, if <br />this is approved today, whether the site plan itself will be <br />approved or just approved in concept; in other words, will it go <br />back to the Planning & Zoning Commission again? <br />Attorney Brandenburg stated that if the Board approves the <br />settlement today, it is approved as shown on this site plan, and <br />the site plan will not go back to the Planning & Zoning Commis- <br />sion or the Planning Department again. Other than what is laid <br />out in the record today, the site plan does not differ from that <br />previously reviewed, and his recommendation is that we settle the <br />lawsuit based on the listed improvements being made. <br />Attorney Vocelle confirmed that if the Board accepts this <br />recommendation, he would then cancel the hearing set for Thursday <br />and move ahead to get a voluntary dismissal, and Attorney <br />Brandenburg explained that he would do a stipulation laying out <br />all the conditions precisely and attach a copy of this to the <br />site plan to submit to the court for approval and dismissal of <br />the lawsuit. <br />Commissioner Wodtke asked if we can control that there never <br />will be any more than one 24 hour restaurant on this site in the <br />event this property is ever sold. <br />Attorney Brandenburg stated that restriction would go with <br />the site plan itself, and he will add some language that in the <br />event any of the conditions laid out in the agreement are not <br />fulfilled, the county will be able to enforce them through the <br />Code Enforcement Board. - <br />Commissioner Scurlock believed that Mr. Luckett has done an <br />outstanding job and spent a lot of time working on this, and he <br />appreciated Mr. Luckett's cooperation to help get this settled. <br />Commissioner Bird noted that Planning approved the site plan <br />originally and he would assume the modifications discussed would <br />not throw it into any situation that would not be approvable. <br />Director Keating stated that one of the staff attended the <br />01 <br />BOOK <br />