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December 13, 1976 Page 9 <br />MS (Baumgartner- Hodges) to amend the motion so that within 90 days <br />the Council will receive a development plan which satisfies the setback <br />requirements of the zoning ordinance and is signed by a certified <br />architect. <br />Councilmember Shelquist stated that he did not consider these to be <br />townhouses unless the intent is to subplat the R -3 area so the property <br />is sellable. <br />Atty. Meyers stated this proposal may require some platting to permit <br />the construction of townhouses on R -3 land. The amendment does what <br />the ordinance says it must. <br />Councilmember Shelquist asked what would happen to the zoning if the <br />developer does not come back with plans within 90 days. Councilmember <br />Baumgartner stated that the zoning would go back to R -1. <br />Admin. Achen stated that it is the developer's responsibility to find <br />out what the best use for that land is and suggested that the Council <br />require the developer to submit a new proposal solving the problems <br />that have been raised at this hearing. <br />Councilmember Shelquist stated that the Council is discussing the <br />zoning and the limits they will go in rezoning this property. <br />Councilmember Baumgartner stated he would vote for the amendment but <br />not for the original motion because he felt that the south four lots <br />should not be R -1. <br />Councilmember Baumgartner withdrew his amendment motion. Councilmember <br />Hodges withdrew his second. <br />Motion by Councilman Baumgartner to amend the original motion that <br />Lot 23 remain R -1 and that Lots 14 -17 be included in the R -3 zone. <br />Admin. Achen stated that this amendment may be a substitute motion. <br />Atty. Meyers agreed. <br />Councilmember Baumgartner withdrew his amendment motion. <br />Mayor Pickar stated that the original motion would require a 4/5 <br />vote to pass. <br />Roll call vote: Councilmember Shelquist, nay <br />Councilmember Hodges, aye <br />Councilmember Baumgartner, nay <br />Councilmember Rowley, nay <br />Mayor Pickar, nay <br />Motion failed. <br />MS (Baumgartner - Shelquist) to rezone Lots 8 -22 to R -3 and that <br />Lots 4 -7 and 23 remain R -1. <br />I <br />