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5 <br /> WHEREAS, <br /> the City Council of the City of Charlottesville believes that changes <br />can be made to the City Code Chapter 34 to more effectively regulate development, uses <br />and parking in the Neighborhood Commercial District; <br /> <br />WHEREAS <br /> , this Council finds and determines that the public necessity, <br />convenience, general welfare and good zoning practice require the initiation of a study of <br />certain amendments to Chapter 34 (Zoning) of the Charlottesville City Code, 1990, as <br />amended; <br /> <br />NOW, THEREFORE, BE IT RESOLVED <br /> by the City Council of the City of <br />Charlottesville that the Planning Commission is hereby directed to study proposed <br />amendments to Chapter 34 (Zoning) of the Charlottesville City Code, 1990, as amended, <br />revising regulations in the Neighborhood Commercial District concerning uses allowed, <br />setbacks, buffers, parking requirements/ regulations and all associated definitions; and <br /> <br />BE IT FURTHER RESOLVED <br /> that the Planning Commission will submit its <br />findings and recommendations to the City Council no later than 100 days from the date of <br />this Resolution. <br /> <br />ORDINANCE <br />k. : “AN ORDINANCE AUTHORIZING THE SALE OF <br />CERTAIN CITY-OWNED PROPERTY LOCATED BETWEEN ELM STREET AND <br />CHERRY AVENUE, ADJACENT TO PARCELS 148, 149 AND 155A ON CITY TAX <br />MAP 30” <br /> <br />ORDINANCE <br />l. : “AN ORDINANCE AMENDING AND REORDAINING <br />SECTION 12-32 OF ARTICLE III OF CHAPTER 12 (FIRE PREVENTION CODE) <br />OF THE CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED” <br /> <br />ORDINANCE <br />: NOISE CONTROL FROM RESTAURANTS IN NCC DISTRICT <br /> <br /> Mr. Tolbert said that Council had asked staff to address concerns in Belmont, one <br />of which is noise, and research was done on other cities. He said the ordinance currently <br />restricts noise from restaurants to below 75 decibels after 11:00 p.m. He recommended <br />that the decibel level be restricted to 55 after 11:00 p.m. in neighborhood commercial <br />districts, to be measured at the property line. <br /> <br /> Responding to a question from Ms. Szakos, Mr. Tolbert said the proposed <br />ordinance would not affect West Main Street. <br /> <br /> Dr. Brown said Council is being asked to make a big decision very quickly, but he <br />said more information is needed, including how much of a burden would the proposal <br />have on existing businesses. He said he feels it would be better to have an actual public <br />hearing, and suggested that the ordinance be deferred pending more information on <br />decibel levels and a fuller public hearing. <br /> <br /> Mr. Huja said he thinks it would be useful to have an advertised public hearing. <br /> <br /> Ms. Szakos suggested holding a public hearing in the neighborhood rather than in <br />Council Chamber. <br /> <br /> Mr. Tolbert said there is only one restaurant in Belmont with a noise problem, and <br />noted that they were issued a citation today for violating the ordinance. <br /> <br /> Mr. Norris opened the floor to public comment. <br /> <br /> Mr. Jessie Fisk said the major issues are noise and lack of conduct. He <br />encouraged businesses to act within the bounds of a neighborhood friendly environment. <br /> <br /> Ms. Katie Hartman, Nalle Street, said that regular conversation exceeds 55 <br />decibels and that 11:00 p.m. to 1:00 a.m. is the time when the greatest business is <br />generated. She said employment will be affected if these businesses are closed. She <br />suggested considering a Sunday through Wednesday ordinance and suggested a different <br /> <br />