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PUBLIC HEARING: ORDINANCE RBZONING PROPERTY AT 507 STEWART ST. FROM B-2 TO B-3 (2nd reading) OF MONTICELLO AVENUE BETWEEN GLEASON STREET AND RIDGE STREET" which was offered at the meeting of July 2nd,. was approved by the following vote. Ayes: Mr. Barnes, Mrs. Gleason, Dr. Gunter,. Dr. Hall. Noes: None. Absent: Mr. Buck. Mr. Huja presented the Planning Commission's reasons for recommend- ing denial of the rezoning of 507 Stewart Street: 1) It is contrary to the Land Use Plan of the Comprehensive Plan and 2)~The proposed and potential uses would b'e incompatible with the adjacent residential areas.. Mr. Gale Pickford, representing the owners of the property, pre- sented a petition signed by surrounding property owners who favored the rezoning. Mr: Pickford requested approval of the'rezoning in order to construct an automobile repair parts retail store and a used car lot on the land.which had been vacant for many years. Mrs.~ Gleason and Dr. Hall indicated their intention to vote against the request. Mr. Barnes stated his intention to support the rez.oning for the following reasons: 1) a grocery store is next door to the property, 2) he is more inclined to question a recommendation of the Planning Commission than other Council members, 3) he felt the Comprehensive Plan should be viewed as a non-binding plan, and 4) he felt more attention should be paid to increasing the tax base. The ordinance entitled "AN ORDINANCE AMENDING AND. REENACTING THE DISTRICT MAP INCORPORATED IN SECTION 31-4 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, BY THE REZONING OF PROPERTY LOCATED AT 507 STEWART STREET" was denied by the following vote: Ayes: Mr. Barnes. Noes: Mrs. Gleason, Dr. Gunter, Dr. Hall. Absent: Mr. Buck. PUBLIC HEARING: Mr. Huja outlined the reasons for the Planning Commission's recommenda- ORDINANCE REZON- ING PROPERTY AT tion for approval of the rezoning of 1020 E. Jefferson Street: 1) It is in 1020 E. JEFFERSON ST. FROM R-3 TO harmony with the Comprehensive Plan and the Land Use Plan and 2) It would B-1 (2nd reading) not have a significant adverse impact on the surrounding neighborhood. The ordinance entitled "AN ORDINANCE AMENDING AND REENACTING THE DISTRICT MAP INCORPORATED IN SECTION 31-4 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, BY THE REZONING OF'PROPERTY LOCATED AT 1020 EAST JEFFERSON STREET" which was offered at the meeting of July 2nd was approved by the following vote. Ayes: Mr. Barnes, Dr. Gunter, Dr. Hall. Noes: None. Abstaining: Mrs. Gleason. Absent: Mr. Buck. PUBLIC HEARING: Mr. Wiley, City Attorney, stated that concern with the definition of ORDINANCE RELATING TO USES ALLOWED ]"family" developed in 1976, but since then had only been applied in R-1 BY RIGHT AND BY SPECIAL PERMIT and R-2 zones because enforcement in higher density zones was viewed as IN R-3 DISTRICTS AND TO APPLICA- possibly unconstitutional as the ordinance is presently Wr. itten. Mr. Wiley BILITY OF FAMILY continued, stating that numerous complaints had been received from neighborhood associations and since last fall work sessions and considerable att.ention had been given to amending the ordinance by Council, the Planning Commission and staff in order to allow enforcement by removing the consti- tutional defect. Mr. Wiley stated that he was not in agreement with the Planning Commission's recommendation to enforce the four-person limit in business zones.. Mr. Wiley added that all existing group residences would be "grandfathered" in.