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9S SPECIAl PERMITS" which was offered at the July 15th meeting, was approved by the following vote. Ayes: Mr. Barnes, Mr. Buck, Mrs. Gleason, Dr. Gunter. Noes: None. Absent: Dr. Hall. ORDINANCE: LIMITING OUTDOOR CAFES ON DOWNTOWN MALL (2nd reading) The ordinance entitled "AN ORDINANCE TO AMEND AND REORDAIN SECTION 2S-28.1 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, AS AMENDED, RELATING TO SIDEWALK CAFES" which was offered at the meeting of July 1Sth, was approved by the following vote~ Ayes: Mr. Barnes, Mr. Buck, Mrs. Gleason, Dr. Gunter. Noes: None. Absent: Dr. Hall. ORDINANCE: REZONING PROPERTY AT END OF ROCK CREEK ROAD EAST OF CHERRY AVENUE AND SOUTH OF FOREST HILLS PARK FROM R-2 TO R-2 PUD Mr. Huja stated that the Planning Commission had reviewed the rezoning request and the only remaining problem was the amount of space required between one of the proposed buildings and the adjacent property line. Mr. Huja stated that the developers were requesting a distance of 20 feet as opposed to the 25 feet required. Mr. Huja added that one of the adjacent property owners did not oppose the 20-foot distance. Mr. Huja stated that the Council could waive the 2S foot requirement. Mr. Huja listed the following reasons for the Planning Commission's recommendation for approval: 1) It is in harmony with the Compre- hensive Plan and Land Use Plan, 2) It maintains overall housing density at less than the number of permitted by right in conventional subdivision, 3) It allows for a more sensitive approach to the development of this property, 4) It protects the existing natural areas and is more in keeping with development near the flood plain and on the existing contours, 5) No significant adverse impact are expected on the surrounding neighborhood from this development concept, 6) The project will comply with all applicable standards of the P.U.D. ordinance, and 7) The resulting demand on City services and maintenance is less for this concept than conventional subdivision. Mr. Richard Bell, representing the developers, stated that additional trees would need to be removed and the grading extended if the 25 foot distance was required. Dr. Gunter made a motion to retain the 25 foot distance. The motion died for lack of a second. Mrs. Gleason moved the ordinance entitled "AN ORDINANCE TO AMEND THE ZONING DISTRICT MAP INCORPORATED BY REFERENCE IN SECTION 31-4 OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1976, AS AMENDED, BY CHANGING TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONING CLASSIFICATION THE PROPERTY LOCATED AT THE END OF ROCK CREEK ROAD, EAST OF CHERRY AVENUE AND SOUTH OF FOREST HILLS PARK, DESIGNATED AS PARCEL 120 ON TAX MAP 24," With the 20 foot setback. Mrs. Gleason stated that she felt saving the trees on the back of the property was more important than the additional five feet. Mr. Barnes seconded the ordinance. Dr. Gunter stated that she was not comfortable waiving the condition recommended by the Planning Commission. Mrs. Gleason noted that the Planning Commission had not seen the letter from Mr. Wingfield, the adjacent property owner, who did not object to the 20 foot distance. Mr. Buck stated that the setbacks were exceeded in the development in almost all the other buildings. The ordinance was carried over to the next meeting. ORDINANCE: REZONING 1301 WERTLAND STREET FROM B-1 TO B-3 This item was withdrawn at the request of the property owner.