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246 <br />application for a, service station if the intention of developing the area as a <br />unit, with a restaurant and motel, were not being fulfilled within a reasonable <br />time, and that, in such event, the Planning Commission would entertain a Resolu- <br />tion of Intention to rezone the property back to its original zone classification." <br />Staff report reviewed the previous requests for rezoning this segment of the <br />property to IR -A which had been denied by the Planning Commission and affirmed by <br />the Council on appeal, it being the intent to withhold the IR zoning to accommo- <br />date a, service station on the portion of this parcel of property until a, motel and/or <br />restaurant were under construction at the corner of Woodside Road and Broadway. It <br />was also stated no development had occurred on this site or other portion of the <br />property after the former zoning consideration and revision, but that applicant <br />still states their intention to develop the service station as previously indicated <br />and that a. lease agreement has been arranged for the restaurant development on the <br />adjacent site, although no use permit has yet been applied for. The Staff recom- <br />mended that this portion of the property be retained as "IP" for industrial park <br />development, or, as an alternate, that, should a motel -restaurant complex be <br />developed on the two segments of land that were rezoned to accommodate them, that <br />the site in question then be considered for change of zoning for such use. <br />There being no communications or oral protests, Councilman Petersen moved to close <br />the public hearing, seconded by Councilman Keckley and carried. <br />Ordinance granting rezoning as requested was read for Council action. No motion <br />was made to introduce the ordinance. Councilman Keckley noted Staff recommendation <br />remained the same for maintaining the IP zoning as in the previous application to <br />rezone this segment of the property involved, until after the restaurant and motel <br />complex were under development, and since no new evidence presented, moved to deny <br />the rezoning requested, seconded by Councilman Rosselli. Councilman Granger sug- <br />gested this public hearing be continued to later in the meeting in the event <br />applicants' appearance ha.d been delayed and they could be given a chance to appear <br />in their own behalf. <br />Council questioned City Clerk as to the notification procedures and assurance <br />was given that applicants had been notified as required. Staff was also questioned <br />as to whether present applicants were the same as in previous action and Planning <br />Director, after checking the application, advised Council that principals appeared <br />to be the same. <br />City Attorney was questioned as to the effect of denial of rezoning requested and <br />when it would be possible for applicants to again institute this action, and advised <br />it would be a full year before rezoning could again be initiated. <br />After further review of the history of this parcel's zoning, motion to deny rezoning <br />carried on roll call vote, Councilmen Granger, Henderson, Keckley, Petersen, and <br />Rosselli voting yes, Councilman Bury and Mayor Herkner voting no. (MINUTE ORDER <br />#67-148) <br />.R io V <br />