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40 <br /> <br /> Mr. Wiley stated that a private deed restriction on the <br /> use of the property to the north would not be enforceable by <br /> the City, though it might be enforceable by private parties. <br /> Mr. Buck stated that the property was an a major <br /> entrance into the City and he was not inclined to overrule <br /> the Planning Commission's recommendation. <br /> <br /> It was noted that if the rezoning is denied, the <br /> request can not be resubmitted until a year has passed. <br /> Dr. Hurt stated that should the rezoning be denied, <br /> then he would probably construct inexpensive duplexes on <br /> the property. <br /> <br /> Dr. Hall made a motion to deny the rezoning. Mrs. <br /> Gleason seconded the motion to deny. <br /> <br /> Mr. Hendrix stated that he had tentatively discussed <br /> with Dr. Hurt the possibility of his exchanging the land on <br /> Fifth Street for land owned by the City on Elliott Avenue, <br /> which would make the rezoning request moot. He suggested <br /> that Council delay a decision on the rezoning request. <br /> <br /> Mr. Towe stated that he would be willing to defer <br /> action on the rezoning until further negotiations could take <br /> place. <br /> <br /> Dr. Hall made a substitute motion to defer action on <br /> the rezonsing. Mrs. Gleason seconded the motion and it <br /> was unanimously approved by Council. <br /> <br /> Mr. Hendrix stated that he would report back to <br /> Council within 30 days. <br /> <br />ORDINANCE: REZONING PROPERTY AT SOUTHWEST CORNER OF 5TH <br />STREET, S.W. AND HARRIS ROAD FROM R-2 AND~ R-3 TO B-3 <br /> Mr. Huja noted that the request for rezOning had been <br /> changed from B-3 to B-2, following discussion with the <br /> Planning Commission. Mr. Huja stated that the Planning <br /> Commission recommended approval of the rezoning. <br /> <br /> Mr. Claude CottOn, owner of the property, stated that <br /> he was willing to accept the B-2 zoning at this time. <br /> <br /> .Responding to a question from Mr. Towe concerning <br /> erosion control, Mr. Cotton stated that curb and gutter <br /> would be installed. <br /> <br /> Mr. Huja stated that staff has consistently opposed <br /> granting access to the property from Harris Road, and has <br /> publicly stated this opposition each time rezoning or other <br /> development of the property has been proposed. While this <br /> is a site plan consideration he wished to make it clear for <br /> the record that approval of the rezoning does not imply <br /> approval of access to Harris Road. <br /> <br /> Responding to a question from Mr. Towe concerning <br /> fencing of the property, Mr. Cotton stated that the <br /> fencing would be continued to Harris Road. <br /> <br /> On motion by Dr. Hall, seconded by Mr. Towe, the <br /> ordinance entitled "AN ORDINANCE AMENDING AND REENACTING <br /> THE DISTRICT MAP INCORPORATED IN SECTION 31-4 OF THE <br /> ZONING ORDINANCE OF THE CODE OF THE CITY OF <br /> CHARLOTTESVILLE, 1976, AS AMENDED, BY THE REZONING OF <br /> PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FIFTH STREET, <br /> S.W. AND HARRIS ROAD" was offered and carried over to the <br /> next meeting for consideration. <br /> <br />PUBLIC <br /> <br /> <br />