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759 <br />that if property is already zoned commercial that retail or commercial businesses <br />can go in there without it ever coming before the City Council. <br />Councilman Manning said he would like to recommend that this property be zoned <br />planned development with some type retaining wall all the way around the property <br />with access only from the Loop 286, and assurances that none of these others are <br />going to be open in the future. <br />Councilman Manning made a motion that this property be zoned planned <br />development with a retaining wall all the way around the property with no access <br />except from Loop 286 and with assurances that these other streets will not be <br />opened up and be accessible to the development. <br />In regard to the question regarding easements to this property, City Attorney <br />Schenk advised the City Council that regarding easements that they are talking <br />about, any action taken tonight can only impact what this developer can do with the <br />property rights that they own. If the existing easement is there and existing for <br />entrance into the bank property from the street right -of -way, you can not change <br />that tonight. <br />Mr. Steenson advised the City Council that he did not have a problem with planned <br />development zoning, but he could not agree to not have access from Collegiate <br />Drive. <br />City Attorney Schenk said the Council can make, as a condition of the approval of <br />the planned development tonight, the inclusion of the fence on the property that is <br />before them as a consideration. <br />City Manager Malone pointed out that they are planning to reduce their request to <br />just a portion of what they originally requested leaving the southern buffer zone as <br />residential, which means they are backing up 250 feet, so the zoning they are <br />requesting that they would have the opportunity to act on as planned development <br />would be that part that they backed up to. City Manager Malone said there could <br />be a privacy fence and landscaping there. <br />Mayor Neeley ruled that the motion failed for lack of a second. <br />After further discussion, a motion was made by Councilman Pfiester to table this <br />item, and ask the developer to schedule a meeting, notify all the residents within <br />reason, publish in the newspaper, schedule a public meeting some where, try to <br />work out their differences, and bring back the results to the City Council. <br />The motion failed for lack of a second. <br />