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9 She said she will have to weigh in favor of the neighborhood, but wishes Mr. Kerley good fortune in finding another lo cation. Mr. Caravati said this is the most difficult zoning decision he has ever had to make, noting that the staff recommended it and it fits in with the Land Use Plan. He said the business likely employs people from the neighborhood and does work in t he neighborhood. He said he feels it fits in the context of the neighborhood. Mr. Lynch said he agreed this is a tough decision and he understands where the neighborhood is on the issue. He said the health of neighborhood is a top priority for Council. He said he thinks Mr. Kerley has a good business and is known to be a good business neighbor, and he would like to keep him in the City. He said he feels the best solution would be to find access to the property other than through Burgess Lane. Mr. Lyn ch said this property is probably less suitable for residences. He said traffic on Burgess Lane is an issue. He said if alternative access could be gotten from Franklin to Meade he could support the rezoning, but he said he does not think we will resolve this issue tonight. Mr. Lynch suggested that Mr. Kerley hold the property until the road issue can be resolved. Mr. Schilling thanked the neighborhood for sharing their concerns and Mr. Coiner for the tour and history of the area. He said he recognize s some validity to all concerns expressed. He said he thinks the following needs to be considered: the applicant has stated B - 3 zoning would be acceptable; the staff recommended approval of rezoning to B - 3; the property is designated industrial in the La nd Use Plan which was approved in 2001; there is no doubt about the intention of this property; and the City Attorney stated the Land Use Plan is advisory but not binding. Mr. Schilling said he looked at the Planning Commission review and does not believe they have met appropriate review standards. He said the applicant has a reasonable basis to assume that the rezoning would be approved. Mr. Schilling said that if Council denies this rezoning then he feels the entire Land Use Plan should be reviewed so that people are not misled in the future. Mr. Cox said that Mr. Kerley moved his application forward in an appropriate way, but Council has to weight the business versus the hundreds of families in the neighborhood. He said his intent is to keep a bala nce in neighborhoods and he wants to increase the amount of housing available. He said he cannot support the rezoning. He said small businesses are valuable to the City, and he hopes Mr. Kerley's search for a location will continue. Mr. Caravati made a motion to rezone the property to B - 3 and Mr. Schilling seconded the motion. Mr. Caravati said there will be a marginal increase in traffic and noise and the loss of two lots for housing. Mr. Caravati said that the protection of the neighborhood is impo rtant, but said he will vote for the rezoning based on the pros, and said he does not think this use unbalances the neighborhood. Mr. Brown clarified that the ordinance moved is the same one presented with the designation changed to B - 3 instead of M - 1 an d Mr. Caravati and Mr. Schilling agreed. Mr. Cox said he will not support M - 1 or B - 3 zoning and feels it is unfair to the neighborhood to drag out the issue if the majority of Council does not support the rezoning. Mr. Lynch said that the neighborhood weighed in and said they would rather not have the property as industrial, though the land use continued as industrial. Mr. Lynch said that just because you may want to have industrial in the long - term does not mean that you do it piece by piece. Mr. Lyn ch said that if something could be done with the access road then he could support the rezoning. Ms. Richards said it is not the designation, but the use proposed for the property. Ms. Richard said that the current zoning is the law, not the Land Use Pl an, but said