2009-06-01 - Laserfiche WebLink

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5 were told the importance of neighborhood engagement. She asked why a special use permit was not an option rather than rezoning. She asked about spot zoning. Mr. Haluka said R-1S zones do not permit businesses by special use permit. He said as he understands it, spot zoning would be when there is no similar use surrounding the property, not just that the commercial area is expanded by one property. Mr. Craig Brown, City Attorney, said that there is a narrow legal definition of spot zoning, that being that the only justification of the zoning is to benefit the property owner. He said there can be rezonings within other zones if there is justification. Dr. Brown noted that the Planning Commission was very divided about the issue. He said he left the meeting agreeing with the Chair of the Planning Commission that the property just naturally seemed commercial and would create a buffer. He said the issues in the neighborhood that were brought up at that meeting did not have anything to do with this property. He said he supports the rezoning. Ms. Edwards said she has struggled with this because of comments made and because it is an issue of environmental versus economic justice. She said the neighborhood is thriving and she appreciates its diversity. She said she still has concerns with traffic off of Monticello, but she supports the rezoning. Mr. Norris said this has been a difficult decision because of competing interests, but he is inclined to support the rezoning. He said he thinks the property is a better fit as commercial. He said he supports it contingent on staff and others to address the noise, traffic and parking issues in the neighborhood. On motion by Mr. Taliaferro, seconded by Dr. Brown, the ordinance entitled “AN ORDINANCE APPROVING A REQUEST TO REZONE PROPERTY LOCATED AT 814 HINTON AVENUE FROM R-1S (RESIDENTIAL) TO NEIGHBORHOOD COMMERCIAL CORRIDOR (NCC)” was offered and carried over to the next meeting for consideration. OTHER BUSINESS Mr. Norris said he would like to initiate an amendment to the master plan for the western part of McIntire Park to maintain the softball fields there and to come up with a process for new fields. He said he would like to task staff with coming up with draft language that could be taken to the public and Park and Recreation Advisory Committee. Dr. Brown said he thought the idea was to study the need for fields and then decide what to do. He said it seems like we are “putting the cart before the horse.” He said the reality is that 80% of softball players do not live in the City. He said if we have to choose between kids versus adults, it is easier for adults to drive to Towe Park. He said he would like to study field needs and see what our choices are. Mr. Norris said his proposal is to commit to keeping the softball fields at McIntire Park, and would like to initiate that process tonight. Ms. Edwards said she would like to see examples of what other localities have done. Mr. Norris said that staff has examples from other communities, and City and County staff are ready to go with a field study. Ms. Edward said she would like to hear what has been done elsewhere. Mr. O’Connell said the difference is getting the County and U. Va. involved. Dr. Brown asked about the cost of the study.