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AN ORDINANCE • AMENDING AND REENACTING THE ZONING MAP INCORPORATED WITHIN SECTION 34-1 OF THE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, (AS AMENDED) BY THE RE -ZONING OF PARCEL 41, CITY TAX MAP 4, TO ADD A HISTORIC OVERLAY DISTRICT DESIGNATION TO THE PROPERTY (THE "ROCK HOUSE"), AND ALSO AMENDING AND REENACTING SECTION 34-274 OF THE CITY CODE TO ADD THE PROPERTY (1010 PRESTON AVENUE) TO THE CITY'S LIST OF INDIVIDUALLY PROTECTED PROPERTIES WHEREAS, the Legal Aid Justice Center has made application for a rezoning of Parcel 41, City Tax Map 4 ("Subject Property" a/k/a/ "The Rock House"), to add an historic overlay district designation to the Subject Property on the City's Zoning Map, and to include the Subject Property on the City's list of individually protected properties identified within §34-273(b) of the City Code (together, the "Proposed Rezoning"); and WHEREAS, the application was referred to the City's Board of Architectural Review ("BAR"), which considered the factors set forth within §34-274 of the City Code and recommended that the Proposed Rezoning be granted; and WHEREAS, a joint public hearing on the Proposed Rezoning was held before the City Council and Planning Commission on February 8, 2005, following notice to the public and to adjacent property owners as required by law; and WHEREAS, on February 8, 2005 the Planning Commission voted to recommend the Proposed Rezoning; and • WHEREAS, this Council finds and determines that: (1)The Proposed Rezoning is consistent with the Comprehensive Plan, and with the purpose and intent of Chapter 34, Article 1, Division 2 of the City's Zoning Ordinance (Historical Preservation and Architectural Design Control Overlay Districts), including section 34-273 thereof (Individually Protected Properties); and (2)Upon consideration of the criteria set forth within §34-274 of the City Code, The Rock House is suitable and appropriate for designation as an individually protected historic property; and (3)The public necessity, convenience, general welfare, or good zoning practice requires the Proposed Rezoning, and granting the Proposed Rezoning will further the goals and objectives set forth within §§34-271 and 34-273 of the City Code; Now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that: 1. The Zoning District Map Incorporated by reference with in Chapter 34, Article I, Division 1, Section 34-1 of the Code of the City of Charlottesville, 1990, as amended, is hereby amended and reenacted as follows: Section 34-1. Zoning District Mop. Rezoning from "B-3"/"Entrance Corridor Overlay" districts to `B- 3"/"Entrance Corridor Overlay"/"Historic Overlay" districts all of the property, consisting of approximately 0.4340 acres (approximately 18,905.04 square feet) currently identified on City Tax Map • 4 as Parcel 41, thereby designating the Subject Property an Individually Protected Property and minor design control district.