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� � t � E� � � �� IO l] Rosevil�e City Council DRAM' Minutes of 1/29/07 Pg 29 of 38 Discussion ensued regarding previous proposals; code requirements for properties abutting a public road; city enforcement for public roads; and emergency vehicle access. Councilmembers Kough and Ihlan spoke in opposition to the amendment. Roll Call [Amendment] Ayes: Roe; Pust and Klausing. Nays: Kough and Ihl�n. Motion carried. �� Roe moved an additional condition that for the City's acceptance of the pub- 1� lic cul-de-sac, that all four properties front the cul-de-sac. The motion failed L� for lack of a second. l� l �� 1� i� �� �� �1 �� 2� 24 �� �� �� �� �f� Roll Call [Original Motion] Ayes: Roe; Pust and Klausing. Ways: Kough and Ihliin. Motion carried. �� Consider Request by WCL Associates to Rezone 2216 County Road D and to receive a Conditional Use Permit to allow a Class �I Restaurant with Drive-Thru Facilities (�.'F07-001) Community Development Director John Staxk presented the request of WCL Associates for approval of rezoning the property at 2216 County Road D from B-4 (Retail Office Service District) to B-3 (General Business District) to make it consistent with Section 1015 of City Code; and for approval of a Conditional Use Permit to allow for construction of a Class IF restaurant (fast food convenience) to accommodate a drive-thru facility. :�� Staff recommended approval, noting Planning Commissionerrecommenda- :31 tion for approval on a 610 vote at their January meeting, and based on the �� staff report dated January 29, 2007. �� 34 Mr. Stark questioned the status of the 60-day approval period; which may be �� moot depending on the outcome of the Council's decision. Mr. Stark de- �� tailed conditions in Section 6 of the staff report. �� 3� Discussion included implications of the 60-day approval period; with the ;�+� City Attorney not referencing the 60-day ruling and processing of the re- r�� quest as outlined.