1974 ORDINANCES - Laserfiche WebLink

Home Browse Search

(C) PLANNING COMMISSION - THE PLANNING COMMISSION SHALL REVIEW AND MAKE RECOMMENDATIONS TO CITY COUNCIL CONCERNING APPROVAL OR DISAPPROVAL OF THE APPLICATION FOR HIGHER DENSITY, BASED UPON THE REVIEW OF THE SITE PLAN FOR THE PROPOSED DEVELOPMENT AND BASED UPON CRITERIA SET FORTH IN THIS ARTICLE. • (D) CITY COUNCIL - AFTER RECEIVING THE RECOMMENDATIONS OF THE PLANNING COMMISSION, CITY COUNCIL MAY ALLOW AN APPLICANT A HIGHER DENSITY OF UP TO 120 UNITS PER ACRE IN B-4 ZONES AND B-3 ZONES ADJACENT TO THE B-4 ZONE, PROVIDED THAT SUCH ALLOWANCE MAY BE MADE ONLY IF THE APPLICANT'S REQUEST IS IN HARMONY WITH THE PURPOSES STATED IN §35F, MEETS THE STANDARDS SET FORTH IN THE ZONING ORDINANCE, AND THE APPLICANT HAS RECEIVED APPROVAL OF ITS SITE PLAN (ARTICLE XVII, §72(A)). COUNCIL MAY ATTACH SUCH CONDITIONS TO ITS APPROVAL AS IT DEEMS NECESSARY TO BRING THE PLAN OF DEVELOPMENT INTO CONFORMITY WITH THE PURPOSES AND STANDARDS OF THIS SECTION. SECTION 35E. VIOLATIONS. (A) IF THE PRESENT OR FUTURE OWNER OF THE PROJECT FOR WHICH A SPECIAL PERMIT IS GRANTED UNDER THIS ARTICLE FAILS TO COMPLY WITH THE APPROVED SITE PLAN OR THE CONDITIONS SET FORTH AT THE TIME OF GRANTING THE PERMIT OR ANY OTHER PROVISION OF THIS ORDINANCE, NO OCCUPANCY PERMIT SHALL BE ISSUED FOR THE ADDITIONAL DWELLING UNITS ALLOWED BY THE PERMIT; AND ANY OCCUPANCY PERMIT THERETOFORE ISSUED SHALL BE REVOKED. PROVIDED, HOWEVER, THAT A TEMPORARY OCCUPANCY PERMIT MAY BE ISSUED FOR SUCH UNITS PENDING • COMPLETION OF THE REQUIRED SITE PLAN OR OTHER CONDITIONS AFTER THE OWNER HAS POSTED AN ADEQUATE PERFORMANCE BOND AS ALLOWED UNDER 572. (B) IN ADDITION, FAILURE TO COMPLY WITH SUCH SITE PLAN REQUIREMENTS OR CONDITIONS OF THE PERMIT SHALL CONSTITUTE A VIOLATION OF THIS ORDINANCE UNDER §77, AND SHALL BE SUBJECT TO THE PENALTIES SET FORTH THEREIN. ADOPTED BY THE COUNCIL FEBRUARY 4, 1974 AYES: MR. FIFE, MRS.RINEHART AND MR. VAN YAHRES NOES: NONE ABSTAINED: MR. GILLIAM ABSENT: MR. BARBOUR CLERK PRESIDENT AN ORDINANCE CLOSING, VACATING AND DISCONTINUING THE UNOPENED PORTION OF HOLIDAY DRIVE IN THE CITY OF CHARLOTTESVILLE. WHEREAS, PROPER NOTICE THAT WILLIAM W. STEVENSON AND CHARLES M ROTGIN, JR., WOULD MAKE APPLICATION TO THE CITY COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, TO HAVE THE HEREINAFTER DESCRIBED STREET CLOSED, VACATED AND DISCONTINUED WAS DULY POSTED; AND WHEREAS, ALL OF THE OWNERS ABUTTING SAID STREET HAVE BEEN DULY NOTIFIED; AND WHEREAS, APPLICATION WAS MADE TO THE CITY COUNCIL AND PURSUANT TO THE STATUTES IN SUCH CASES MADE • AND PROVIDED, THE COUNCIL APPOINTED VIEWERS WHO HAVE REPORTED TO COUNCIL THAT NO INCONVENIENCE WOULD RESULT FROM SUCH CLOSING, VACATING, AND DISCONTINUANCE; AND WHEREAS, IT IS THE JUDGEMENT OF THE COUNCIL THAT SAID STREET SHOULD BE CLOSED, VACATED AND DISCONTINUED, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CHARLOTTESVILLE, VIRGINIA, THAT THE SAID STREET LOCATED IN THE CITY OF CHARLOTTESVILLE, VIRGINIA, DESCRIBED AS FOLLOWS IS HEREBY CLOSED, VACATED AND DISCONTINUED AS A PUBLIC THOROUGHFARE OF THE CITY OF CHARLOTTESVILLE, VIRGINIA SAID STREET NOT BEING NEEDED FOR PUBLIC USE AND TRAVEL: THAT PORTION OF HOLIDAY DRIVE RUNNING FROM THE WESTERN BOUNDARY OF LOT C-4 OF REDLAND LAND CORPORATION LOTS RECORDED IN ALBEMARLE COUNTY DEED BOOK 357, PAGE 323-A TO ITS INTERSECTION WITH HYDRAULIC ROAD, SUBJECT, HOWEVER, TO THE RESERVATION OF EASEMENTS OF A WIDTH OF 20 FEET EACH FOR EXISTING CITY WATER AND SEWER LINES LOCATED IN THE RIGHT OF WAY OF SAID STREET AND SHOWN ON PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN. PROVIDED, HOWEVER, THAT THE PEDESTRIAN WALKWAY LYING WITHIN THE SOUTHERN HALF OF THE STREET HEREBY VACATED, WHICH LAND HEREBY REVERTS TO FEE SIMPLE OWNERSHIP BY THE CITY OF CHARLOTTESVILLE,