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120 On motion by Mrs. O'Brien, seconded by Mr. Albro the following Ordinance re: Rezoning land at 201 14th Street from R-2 to B-2 resolution was unanimously adopted. WHEREAS, Cook and Jacobs, Inc. has applied for a special permit to use property owned by it located at 1230 Emmet Street in a B-2 Business District to expand the existing .restaurant on the property and install a drive-in window; and WHEREAS, such application has been duly advertised as provided by law, and has been the subject of a public hearing jointly held by this Council and the City Planning Commission on September 11, 1979; and WHEREAS, the City Planning Commission has recommended approval of such special permit, now, therefore, be it RESOLVED by the Council of the City of Charlottesville, Virginia, that: (1) The property located in a B-2 Business District at 1230 Emmet Street, designated as Parcels 2.2 and 2.3 on City Real Property Tax Map 40, is hereby granted a special permit for use as a drive-in restaurant, as permitted under ~31-86 of the City .Code. (2) The Council finds that such use conforms to the requirements for special permits generally imposed by Ar.ticle XX (~31-218 et seq~ of Chapter 31 of the City Code, and this permit is subject all conditions and restrictions imposed generally by such article. (3) Such special permit shall be limited to that portion of the aforesaid,property designated for such use on the site plan submitted with the special permit application, and shall further be conditioned upon development of the property in accordnace with such site plan, as conditioned by the Planning Commission, and finally approved by the Director of Planning. (4) Such special permit shall further be conditioned upon the inclusion of an opaque fence along the rear parking areas for both properties and reduction of the existing Arby's sign area at least 30% in developing a new sign. The request for rezoning the property at 201 14th Street from R-2 to B-3 was again considered. Mr. Don Cecil requested that consideration be deferred until the Planning Commission has an opportunity to l~ok at the parking at 208 14th Street. Mr. Brunton stated that he had asked that action be deferred until the site plan had been filed and an agreement for the parking lot and asked Mr. Huja if this has been accomplished. Mr. Huja stated that the site plan was about ready to be approved. Mrs. O'Brien stated that she had a call and the caller indicated that due to the lapse of time since the public hearing that there was some new information to be presented and she also asked Mr.. Cecil if he had new information which would warrant a reopening of the public hearing. She stated she also had some concern about waiting so long after the public hearing to make a decision. Mrs. O'Brien stated that she has felt for a long time that Wertland Street provides the kind of buffer that is necessary to give some stability to that edge of the 14th Street neighborhood. It is a neighborhood that is continually under pressure for various changes, both in the intensity of the existing use of housing and for business. It is a neighborhood that has shown some improvement in that area and if we had some system that insured that particular use for the property she might have some different feeling.