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s.-- <br /> 1 4. That the applicant has other available space on his property with suitable <br /> 2 zoning to allow the activity which he proposes for the area to be rezoned. <br /> 3 5. That there exists at this time sufficient B-2 zoned property within the <br /> 4 general area of this application to satisfy the needs of the community and no pressing <br /> 5 need exists to create additional B-2 zoning in this area at this time. <br /> 6 6. That additional commercial traffic would be generated on Fleming Street <br /> 7 by the proposed rezone which would create a hazard to the occupants of the residential <br /> 8 structures abutting Fleming Street. <br /> 9 7. That the applicant's proposed use of the property in the proposed rezone <br /> 10 area would involve certain nuisance factors such as pollution, noise and clutter which <br /> 11 cannot be mitigated by the proposed conditions of the contract rezone to a degree <br /> 12 sufficient to protect the inhabitants of the residential neighborhood from adverse <br /> 13 effects. <br /> 14 <br /> 15 CONCLUSIONS <br /> 16 <br /> 1. That the applicant in this matter has not sustained his burden to show that <br /> 17 <br /> the proposed rezone application would benefit the health, safety or general welfare of <br /> 18 <br /> the community. <br /> 19 <br /> 2. The proposed zoning action is premature in the absence of demonstrated <br /> 20 <br /> need for additional business zoning in this area of the community and considering the <br /> 21 <br /> present status of the rezone area as a viable residential neighborhood. <br /> 22 <br /> 3. The implementation of the guidelines set forth in the comprehensive plan <br /> 23 <br /> in this area should take place when the need for implementation outweighs adverse <br /> 24 <br /> effects on the existing neighborhood. <br /> 25 <br /> 4. The recommendation of the City's Hearing Examiner should be rejected <br /> 26 <br /> and the request for rezone with conditions presently before the Council should be <br /> 27 <br /> denied. <br /> 28 <br /> 29 / / / / / <br /> 30 / / / / / <br /> 31 / / / / / <br /> 32 -2- <br />