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Regular City Council Meeting Monday,January 10, 2011 Page 8 2011; the Appeal of Rezoning of Har Mar Mall Parking Lot received by staff on December 23, 2010 from Neil Nelson, 142 Ryan Avenue, and J. 0. Thompson, 2008 Asbury Street N (Attachment A); and staff's response dated January 5, 2010, outlining the administrative decision of staff after consultation with the City Attorney (Attachment C). Mr. Trudgeon noted that the neighborhood's recourse would be similar to those addressed in the previous case. At the request of Members Willmus and McGehee, Mr. Trudgeon reviewed the open house and public hearing mailed and published notices prior to approval by the City Council; and the timing and type of notice provided. Mr. Trudgeon clari- fied that this was not an anomaly property, even though discussed at the same time as anomaly properties throughout the City and part of the rezoning process to bring the City's Zoning Code into compliance with the Comprehensive Plan up- date. At the request of Member McGehee, City Attorney Bartholdi confirmed that there was case law related to notice requirements for specific parcels and community- wide rezoning. Mr. Bartholdi advised that the mailing of notices was an extra communication tool used by staff, but not required by law for city-wide rezoning. Public Comment For the record, two bench handouts were provided as part of this discussion, con- sisting of an e-mail dated January 10, 2011, from Richard and Sandra Smith, 1371 Ryan Avenue W, and an e-mail dated January 9, 2011 from Heidi &Neil Nelson, 1442 Ryan Avenue W, both requesting reconsideration of the rezoning of the southern portion of Har Mar parking lot; and attached hereto and made a part hereof J. 0. Thompson,2008 Asbury Street Mr. Thompson opined that this property had been zoned R-1 for approximately 50-51 years; and further opined that the original rationale in zoning it R-1 was that it was property suitable for residential use. Mr. Thompson advised that this changed when the Har Mar Mall owners prevailed on a past City Council to change that situation; and ramifications for the residential properties on the south- ern edge of the Mall being attacked in subsequent years from various commercial uses. Mr. Thompson alleged that the Planning Commission had arbitrarily changed the overall area plan and map; with multiple actions, and requiring ongo- ing advocacy of surrounding residential properties to repeatedly defend the area. Mr. Thompson opined that the Planning Commission never seemed to do any- thing very constructive or supportive for residential neighborhoods, but only sup- ported commercial ventures. Mr. Thompson expressed confusion as to how this problem had been created; opined that the hearings had not been advertised cor- rectly, and continued to be disconcerting for residential taxpayers to not have their voices heard, and only those of commercial taxpayers addressed. Mr. Thompson