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Regular City Council Meeting Monday,January 10, 2011 Page 5 Joe Giannetti, 3209 Old Highway 8 Mr. Giannetti expressed his confusion and sought clarification as to why the resi- dents couldn't appeal this zoning decision. Chair Roe clarified for Mr. Giannetti the current appeal and alternative re-zoning processes for residents and/or the City Council related to this zoning. Member Pust apologized that the process sounded somewhat circular, but clari- fied that the Board did not have legal authority to grant this appeal. Chair Roe noted that the appeal as stated was a request to undue something; how- ever, noted that the residents could request to rezone the parcels if it was a majori- ty decision of the neighborhood. Member McGehee expressed her disappointment that letters sent to people did not lay out options and clearly explain problems, and just to be the recipient of a letter from their City government that the appeal was insufficient and incorrect. Mem- ber McGehee advised that she had previously spoken to City Manager Malinen about this issue, and for the residents, briefly reviewed the process available to the residents to proceed. Member McGehee noted that the residents had already pre- sented a petition with 69% of the surrounding neighborhood property owners signing, when only 50% was needed; and rewording their appeal would make it possible for the Board to rule. Member McGehee opined that it was unfortunate that, in order for the Board to change the process to over-ruling a staff process, it needed to make a determination as the City Council rather than the Board of"Ad- justments and Appeal. Chair Roe reviewed the process available for the neighborhood in submitting an application for rezoning, holding an open house prior to submission of the appli- cation to the Planning Commission, receipt of the application by staff, scheduling and noticing the public hearing at the Planning Commission level, the Planning Commissions' recommendation to the City Council, and the final decision by the City Council. Chair Roe advised that the other option would be for the City Council to initiate rezoning. Rita Mix, 3207 Old Highway 8 Ms. Mix sought clarification on the waiting period between petitions. City Attorney Bartholdi clarified that there was a one-year period if an application is denied; however, he noted that there was no application filed to-date since the City Council initiated the rezoning of the property, so no application had yet been filed and the one-year period was not applicable. Ms. Mix reviewed the testimony submitted regarding the wording of the Compre- hensive Plan and Zoning of properties to be consistent, during which time the