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463 Mayor Mercer stated that Mr. Cox runs an outstanding station but there are some real differences between the stations; Hopyard Road station is not in a neighborhood location. He stated he did not feel that is a great need for additional gas station in town; and not enough demand for 24-hour service to warrant this station. He stated there are convenience stores in most neigh- borhoods at this time, and that Council just approved another car wash facili- ty in this same neighborhood. He stated that improvements are being made at the Santa Rita Road on ramp and that this will have an undetermined impact on traffic in the area. Councilmember Brandes withdrew his motion, and Councilmember Wilson withdrew his second. It was moved by Councilmember Brandes, and seconded by Councilmember But- ler, that the appeal by approved and that the application of Tioga Construc- tion Company be approved subject to conditions set forth in Attachment D of the staff report, but 'that Condition No. 13 be amended to exempt fuel delivery trucks, and that a Condition No. 33 be added to allow operation of the station from 5:00 a.m. to 12:00 midnight. The roll call vote was as follows: AYES: Councilmembers Brandes and Butler NOES: Councilmembers Mohr, Wilson, and Mayor Mercer ABSENT: None It was moved by Councilmember Brandes, and seconded by Councilmember Mohr, after approval of AP-87-21, appeal of Tioga Construction Company, that Or- dinance No. 1349, to be read by title only and waiving further reading there- of, and finding that the rezoning and development plan are consistent with the General Plan and the purposes of the PUD ordinance; approve PUD-80-15-5D, ap- plication of Tioga Construction Company to rezone an approximately 3.63 acre site to PUD (Planned Unit Development)-Commercial District to accommodate automobile wash, service station, food mart, restaurant and retail uses as permitted uses, and to approve a development plan for an approximately 30,142 sq. ft. mixed use commercial complex located at the southeast corner of San- taRita Road and Pimlico Drive, subject to conditions set forth in Attachment D of Staff Report 87:543, that Condition No. 11 - That at no time shall the sale of any alcoholic beverage be permitted at the food mart facility, but the ap- plicant can apply at a future date to provide this service; that Condition No. 13 That there shall be no truck deliveries, parking lot sweeping or garbage pick-up between the hours of 10:00 p.m., and 6:00 a.m., be amended to exempt fuel delivery trucks; and that a Condition No. 33 be added to limit hours of operation from 5:00 a.m., to 12:00 midnight, be introduced. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, Mohr, and Wilson NOES: Mayor Mercer ABSENT: None Mayor Mercer stated that item 9e would be considered at this time, ahead of item 9d. AP-87-22, Appeal of a decision of the Plannin9 Commission which denied th~ application of Amador Savings/Beratlis to subdivide an approximately 30 acre site into 64 residential lots located on the north side of Crellin Road at the intersection of Zinfandel Court and Malaga Court. Zonin9 for the property is R-1-6500 (Single-family Residential) District 14 - 12-15-87