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5 <br />BE IT RESOLVED <br /> by the Council of the City of Charlottesville, Virginia that <br />this Council hereby authorizes the City Manager to sign the following doc ument, in form <br />approved by the City Attorney: <br /> <br /> Lease Agreement between the City of Charlottesville and H & R Block Eastern <br />Tax Services, Inc., leasing property at 207 South First Street to H & R Block. <br /> <br />nd <br />ORDINANCE <br />: REZONING 1417 BURGESS LANE FROM R - 2 TO B - 3 (2 reading) <br /> <br /> Mr. O'Connell said that at the last meeting there was a first reading on an <br />ordinance to rezone 1417 Burgess Lane from R - 2 to B - 3. <br /> <br /> Mr. Schilling thanked Mr. Emory for the tour of the neighborhood. He said he <br />hears the neighbors' conce rns, but in his view he has to go on whether the existing zoning <br />is reasonable, not on emotion. He said he does not think it is, and while he does not think <br />M - 1 is reasonable, he thinks B - 3 is reasonable. <br /> <br /> Mr. Lynch said B - 3 use could be reasonable if ad equate infrastructure could be <br />there, but at this point he cannot see further development without this. <br /> <br /> Ms. Richards said she hopes there will be more transition to residential on <br />Burgess Lane. She said she would like to see initiatives to strengthen th e neighborhood, <br />but she does not see the proposed rezoning in keeping with the vision in the <br />neighborhood. <br /> <br /> Mr. Caravati said that in the final analysis, he agrees with Mr. Lynch's comments. <br /> <br /> Mr. Cox said he also agrees and hopes that the neighborhood ca n turn this into an <br />opportunity to strengthen the residential climate and home ownership. <br /> <br /> The ordinance to rezone 1417 Burgess Lane from R - 2 to B - 3, which was offered <br />th <br />at the April 7 meeting, was denied by the following vote. Ayes: Mr. Schilling. Noe s: <br />Mr. Caravati, Mr. Cox, Mr. Lynch, Ms. Richards. <br /> <br /> Mr. Brown explained that there is a motion in Council's packet denying the <br />original request to rezone the property to M - 1 and he asked Council to take formal action. <br /> <br /> Mr. Lynch made a motion to deny th e rezoning to M - 1 and Ms. Richards <br />seconded the motion as per the motion provided by Mr. Brown. <br /> <br /> Mr. Caravati said he cannot support the reason to deny being traffic related. <br /> <br /> Mr. Lynch substituted "transportation infrastructure and surrounding environs are <br />not adequate for commercial traffic use," and Ms. Richards accepted the amendment. <br /> <br /> The motion to deny the M - 1 zoning for 1417 Burgess Lane as follows "Although <br />I find the existing R - 2 and the proposed M - 1 classifications are each reasonable, overall I <br />am concerned that: 1) The transportation infrastructure and surrounding environs are not <br />adequate for commercial traffic use; and 2) The proposed use of the property, and the <br />uses that would generally be allowed within an M - 1 zoning district, are very di fferent <br />from the existing residential uses and long - standing character of properties fronting along <br />Burgess Lane," was approved by the following vote. Ayes: Mr. Caravati, Mr. Cox, Mr. <br />Lynch, Ms. Richards, Mr. Schilling. Noes: None. <br /> <br />RESOLUTION <br />: DECLARA TION THAT ADELPHIA IS IN DEFAULT OF <br />FRANCHISE <br /> <br /> Mr. O'Connell said that the Committee dealing with renewal of Adelphia's <br />th <br />franchise agreement will make a formal report to Council on May 5 . Mr. O'Connell said <br />that one piece of the comprehensive needs asse ssment being done is information on the <br />franchise fee payment. The City's consultant has asked for information regarding <br />Adelphia's advertising revenue which to date has not been provided by Adelphia. The <br />