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Rezoning Proposal <br /> <br />Applicant: Troy Rakes <br /> <br />Location: 602 & 604 Rives Road <br /> <br />Rezoning Proposal: R-9 to C-I <br /> <br /> / <br />Enclosure #..,, <br /> <br />Spot Zoning: <br /> <br />kVilhelm v. Morgan, spot zoning"...is solely to serve the private interests of one or more <br />landowners..."instead of furthering"...the welfare of the entire county or city as a part of <br />the overall zoning plan..." <br /> <br />Wilhelm v. Morgan 208 Va. 398, 157 S.E.2d 920 (1967) <br /> <br />Whether a rezoning decision is spot zoning depends on whether the proposed zoning <br />change bears a reasonable relationship to the pattern of existing zoning in the <br />neighborhood and to the guidelines of the locality's comprehensive plan. <br /> <br />602 & 604 Rives Road Rezoning: <br /> <br />· The proposed C-1 zoning does not bear a reasonable relationship to the pattern of <br /> existing zoning in the neighborhood. Residential (R-9) zoning and residential land <br /> use (single family housing) exists on all sides of the proposed commercial <br /> rezoning. <br /> <br />· The Comprehensive Plan does not address commercial development in this area <br /> of the City but rather places emphasis on housing, thoroughfare plauning, and <br /> accessibility and utilization of park facilities. <br /> <br /> The Proposed Land Use Plan indicates the proposed properties for commercial <br /> rezoning as falling in the Neighborhood Preservation District. This planning map <br /> is an official attachment to the Comprehensive Plan and is a Policy document <br />- that lays out a general plan for development of the City. In this case the area in <br />question along Rives Road (602 & 604) is planned for preservation of residential <br />housing. Rezoning to Commemial in this area is in direct conflict with this plan. <br /> <br />Taking all these elements under consideration there appears to be a strong case for <br />considering this proposed rezoning as a spot zoning. <br /> <br />StaffReview: G.T. Hayfield <br />Date: September 16, 2002 <br /> <br /> <br />