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the hearing shall contain a legal property description, <br />description of the request and map detailing property <br />location; and be published in the official newspaper at <br />least ten (10) days prior to the hearing. Written <br />notification of the hearing shall be mailed at least ten <br />(10) days prior to all owners of land within three <br />hundred fifty (350) feet of the boundary of the property <br />in question. *A list of said owners shall be provided <br />from City records. Failure of a property owner to <br />receive said notice shall not invalidate any such <br />proceedings as set forth in this Ordinance. <br />J. If, upon receiving said reports and recommendations of <br />the Planning Commission and City staff, the City Council <br />finds that specific inconsistencies exist in the review <br />process and thus the final recommendation of the City <br />Council will differ from that of the Planning Commission, <br />the City Council shall before taking final action, refer <br />the matter back to the Planning Commission for further <br />consideration. The City Council shall provide the <br />Planning Commission with a written statement detailing <br />the specific reasons for referral. This procedure shall <br />be followed only one time on a singular action. <br />K. The Council shall make a recorded finding of fact and may <br />in the case of a conditional use permit, impose any <br />condition it considers necessary to protect the public <br />health, safety and welfare. In addition, the Council may <br />specify a time limit for the permit at the end of which <br />time the applicant shall reapply for the conditional use <br />permit in accordance with the terms of this Section. <br />L. Approval of a request shall require passage by at least <br />four affirmative votes of the City Council. <br />M. The amendment shall not become effective until such time <br />as the City Council approves an ordinance reflecting said <br />amendment and after said ordinance is published in the <br />official newspaper. <br />N. Whenever an application for an amendment or conditional <br />use permit has been considered and denied by the City <br />Council, a similar application for the amendment or <br />conditional use permit affecting substantially the same <br />property shall not be considered again by the Planning <br />Commission or City Council for at least six (6) months <br />from the date of its denial; and a subsequent application <br />affecting substantially the same property shall likewise <br />not be considered again by the Planning Commission or <br />City Council for an additional six (6) months from the <br />date of the second denial unless a decision to reconsider <br />such matter is made by not less than four - fifths (4/5) <br />-196- <br />Page 21 <br />