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125 <br /> <br />Mr. Toscano asked if the property owner would be satisfied with the B-1 designation. <br /> <br /> Mr. Frank Buck, attorney for the property owvter, expressed concern that the B-1 zone, <br />as interpreted by the zoning administrator, would not meet the need of the property owner. <br />Mr. Buck noted that the property, bounded by trucks on one side and commercial use on <br />another, is inappropriate for residential use, and probably for B-1 use. Mr. Buck said the <br />proposal would provide a realistic use of the property while respecting the rights of the <br />neighborhood. <br /> <br /> Ms. Richards noted that there had been substantial opinion on the Planning Commission <br />in favor of B-1 or B-2 zoning for the property. Ms. Richards said that the concern was that <br />the City would be potentially restricting the property owner's ability to get use of his <br />property. <br /> <br /> Mr. Toscano made a motion to approve B-2 zoning for the property, but the motion <br />died for lack of a second. <br /> <br /> Mr. Cox said that this type of commercial encroachment always happens in low-income <br />neighborhoods_ Mr. Cox said it is destabilizing and the City should be alarmed at <br />establishing such a precedent. <br /> <br /> Mr. Cox made a motion to deny the B-3 zoning, the motion was seconded by Ms. <br />Richards. <br /> <br /> Mr. Toscano said that major portions of Fifeville were rezoned to R-IA to protect the <br />neighborhood and in 1995 the Comprehensive Plan was changed to reflect commercial use <br />for the property in question. Mr. Toscano said the property needs to be thought of as a <br />transitional zone and Council should decide whether the use is reasonable and following the <br />land use. <br /> <br /> The B-3 rezoning was denied by the following motion. Ayes: Mr. Cox, Ms. <br />Daugherty, Ms. Richards, Ms. Slaughter. Noes: l~-ff. Toscano. <br /> <br /> Mr. Toscano made a motion to approve B-1 zoning, and Ms. Daugherty seconded the <br />motion. <br /> <br /> The ordinance entitled "AN ORDINANCE AMENDING AND REENACTING THE <br />DISTRICT IvlAP INCORPORATED IN SECTION 34-15 OF THE ZONING <br />ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS <br />AMENDED, BY THE REZONING OF CERTAIN PROPERTY LOCATED ON 5TH <br />STREET, S.W. NEAR WEST MAIN STREET" was offered and carried over to the next <br />meeting for consideration. <br /> <br /> Ms. Slaughter said it appears to her that the applicant could do what is proposed under <br />B-1 zoning. Ms. Slaughter said she would like more explanation of the site plan in relation to <br />the nearest neighbor. <br /> <br /> Mr. Cox asked if public comment would be allowed at the second reading of the <br />ordinance. <br /> <br /> Ms. Slaughter noted that a public hearing by both the Council and Planning <br />Cormnission has been held on the rezoning. <br /> <br /> Mr. Gouldman explained that allowing public comment at Council meetings following a <br />legally held public hearing is not recommended because k is seen as giving an unfair <br />advantage. <br /> <br /> Ms. Daugherty noted that neighbors are welcome to contact Councilors individually to <br />provide input on the issue. Ms. Daugherty said she feels Council needs to think carefully <br />about the issue since such businesses do provide jobs for residents. <br /> <br /> <br />