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After further discussion, it was moved by Councilmember LeClaire, and seconded by Councilmember Mercer, that the Negative Declaration be approved with specific statement of mitigation measures relating to reduced density of 28 units to 23 units. The roll call vote was as follows: AYES: Councilmember LeCIaire NOES: Councilmembers Brandes, Mercer, and Mayor Philcox ABSENT: Councilmember Herlihy Councilmember Brandes expressed his concern regarding maintaining the integrity of the Zoning Ordinance. After further discussion, it was moved by Councilmember Mercer, and seconded by Councilmember Brandes, that Resolution No. 77-179, finding no significant adverse impact approve the Negative Declaration for a project to construct a ' 28-unit condomimium at Black Avenue and Hopyard Road subject to conditions established by Planning Commission Resolution No. 1519, the addition of six additional parking spaces, that the site has not been significantly changed in order to accommodate the six additional parking spaces, that sewer provision of the Negative Declaration be rewritten by the City Attorney, and determining after a review of the environmental guideline procedures for Negative Declara- tions and Environmental Impact Reports, that a Negative Declaration is appro- priate, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Mercer, and Mayor Philcox NOES: Councilmember LeClaire ABSENT: Councilmember Herlihy Application of Page Binkley to rezone appro.Ximately 2.1 acres on the Southeast corner of Black Avenue and Hopyard Road from the RM-4000 (Multiple Residential) District to the PUD (Planned Unit Development) District and for approval of a development plan for a proposed 28-unit condominium project on the site (Contd. Open from 6-13-77) }~. Harris presented his report dated June 23, 1977, regarding this matter. }~yor Philcox declared the continued public hearing Open. No one in the audience spoke in favor of or in opposition to this item. Mayor Philcox declared the public hearing closed. It was moved by Councilmember Mercer, and seconded by }~yor Philcox, to continue this item to the meeting of July 11, 1977, for full Council attendance. The roll call vote was as follows: AYES: Councilmember Mercer and Mayor Philcox ~iOES: Councilmembers Brandes and LeClaire ABSENT: Councilmember Herlihy It was moved by Councilmember LeClaire, and seconded by Councilmember Brandes, to deny the application of Page Binkley for rezoning to allow a 28-unit condominium project at Black Avenue and Hopyard Road. 5. 6/27/77