Minutes 09/14/1977 - Laserfiche WebLink

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~54 WEDNESDAY SEPTEMBER 14, 1977 minutes of Council's meeting held August 23, 1977. Representing the petitioner were Mr. Douglas K. Frith, Attorney at Law and Counsel for petitioner, Mr. Jackson C. Dodge, President of Lanier Farm, Inc., and Mr. Henry C. Wall, Vice President of Lanier Farm, Inc. Representing Dr. David W. Roycroft (and others), who filed a petition with Council on August 23, 1977, seeking the rezoning to "P-l Professional" or "R-9 Residential" of Lanier Farm's property along the south side of Spruce Street, between the Gulf Oil Station on the east and the presently-zoned "R-9" area of the west, were Messrs. John D. Epperly and Junius P. Warren of the law firm of Broaddus, Epperly, Broaddus & Beck. On behalf of petitioner, Mr. Frith presented to Council the number of petitions (signed by various citizens), as previously presented to the Planning Commission, supporting petitioner's rezoning request in order that a grocery supermarket, of the size and type contemplated by petitioner (and developer), might be established at the site involved. On behalf of Dr. Roycroft (and others), Mr. Epperly indicated no wish to present evidence other than to request that Council review the transcript of the public hearing conducted by the Planning Commission on August 18th; however, Mr. Epperly submitted the following requests and/or opinions: (1) applicable statutes require the referral by the governing body (and, in this case, City Council) of rezoning petitions (and, in this case, the petition filed by Dr. Roycroft) to planning commissions (and, in this case, the Martinsville Planning Commission); (2) Council should reverse its "tabling" action taken at its August 23rd meeting, with regard to the Roycroft petition, and should refer said petition to the Planning Commission for its consideration and recommendation; (3) Council should postpone further action on and/or consideration of the Lanier Farm petition until such time as the Planning Commission has reported on the Roycroft petition, at which time Council might act on both petitions; and (4) In light of a recent opinion from the Virginia Attorney General's office, and contrary to City Attorney Worthy's August 23rd opinion, the Roycroft petition has "standing", i.e., Dr. Roycroft has exercised his right to request the rezoning of property not owned by him.