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➢ I nevertheless oppose the rezoning of this property from B-1 to B-1 B. For a number of reasons, it does not represent a prudent step at this point in time and it threatens to shape the future development of the property in undesirable ways. The City Council would be wise to forestall this direction in use, leaving its long-standing zoning intact. ➢ Whether or not the City Council uses its legislative discretion to allow this permitted rezoning, it would do so without adequate consideration of important concerns, without a substantial basis in material fact, and in contradiction to the City's policies and stated planning goals. - History of this Action to Date The request by Michael Schuller is dual-faceted. It seeks a Rezoning, from B-1 (Limited Business) to B-1B in order to allow a deli/cheese shop, and a Conditional Use Permit to allow a catering facility in that building. The original Staff Recommendation, contained in the city staf�s review for the December 5, 2007 meeting of the City's Planning Commission, recommended approval on both counts, subject to the condition that the owners of the property install screening along the western property line (facing an abutting residential property), and with the proviso that this action by the City would not be construed to allow "outdoor menus and audio equipment necessary for a drive-through facility". At the December Sth meeting, the City planning staff brought to light a June 9, 1997 Conditional Use Permit that allowed a veterinary clinic to locate in these premises. The resolution of the City Council allowed that use, noting that: "The parking area along Autumn Street must be removed if a determination is made by the City that said parking area creates a safety hazard or adversely affects the flow of traffic in this area." Further, that parking area was to be designated as employee parking only. The discussion at the December meeting appeared to coalesce around the conclusion that this parking area, facing Autumn Street, would indeed adversely affect the flow of traffic in the area if combined with the potential rezoning and reuse of this building as a deli and catering facility. Thus, although the minutes of that approved minutes of that meeting are not yet available (at this time of writing), this observer took as a conclusion of the meeting that the City's approval of this rezoning and conditional use permit would be contingent upon a landscaping proposal that removed the Autumn Street parking and adequately screened the residential neighborhood from this property. After some deliberation and apparent reluctance on the part of even some members voting for the proposal, the Planning Commission approved this motion by a vote of 5 to 2. It now awaits action by the City Council. Concerns with this Proposal The proposal here generated significant discussion among the residents of Autumn Street. As indicated already, Autumn Street is a quiet residential block of R-1 zoned properties (single- family dwellings). The street enjoys significant use by residents of this and nearby streets as part of a circuit by walkers of all ages. Autumn Street does not have sidewalks, yet as resident to •— —�