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