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3 • Motion by Councilman Stauffer and seconded by Mayor it?edtke to grant approval to rezoning from Light Industrial to Commercial the easterly 322 feet of Apache Terrace; Blk. i , I_ot 1 , subject to the following restrictio03: 1 . The pylon sign normally used by Country Kitchen to identify its restaurants will not he allowed under the City sign ordinance. 2. Hours of or)eratioar for the restaurant will be restricted under a signed agreement. 3. The property may only be developed as presented by the developer with the height of the buildings the same as shown and detailed Landscaping plans presented for final Council approval . G. Only lighting of low intensity directed to the north to protect the neighbors to the south will be allowed. 5. All the above conditions will "stay with the land". Voting on the motion: Aye: Miedtke and Stauffer May: Sundland and Sauer • Motion did not carry. Mr. Ernst then requested he be given opportunity to present another request to the Planning Board and in meantime seek a more favorable reaction to his proposal from the neighbors. He also mentioned wanting to repeat his proposal before the full Council membership. Councilman Sauer and Sundland advised him that they were opposed to the restaurant portion of his proposal and would probably not change their minds. He said he did not want the developer to undertake th3 additional expense of pursuing his request without realizing the probability of its defeat. Motion by Mayor Miedtke and seconded by Councilman Stauffer to refer the request for rezoning back to the Planning Board for their further consideration of the actual traffic pattern studies for the area in question as well as the possible usage which might legally be allowed for the American Monarch property under the existing zoning. Motion carried unanimously. Mr. Rymarchick was then advised to have made a part of the public record the reasons on which the Board had based its recommendation of denial of the Ernst west. . Rymarchick continued his report by rola}ing the Board's reasons for deferring a decision regarding the Goodyear Tire ailcl Rubber Company's request for a free standing sign and said they :could make their recommendations as soon as they had 11 the pertinent information about the sign's location and landscaping. The City Manager replied to the Board' s v,iery about the use of the vacant lot at the S.W. corner of Silver 'c;ke Road and 37th Avenue N.E. for a storage area by telling Mr. Rymarchick the matter was in the hands of the City Attorney.