2006_Ordinances - Laserfiche WebLink

Home Browse Search

AN ORDINANCE • AMENDING AND REENACTING THE ZONING MAP INCORPORATED WITHIN SECTION 34-1 OF THE CHARLOTTESVILLE CITY CODE, 1990, AS AMENDED, BY THE REZONING OF PARCEL 26, CITY TAX MAP 52, TO ADD AN HISTORIC OVERLAY DISTRICT DESIGNATION TO THE PROPERTY AT 700 LYONS AVENUE, AND ALSO AMENDING AND REENACTING SECTION 34-273 OF THE CHARLOTTESVILLE CITY CODE TO ADD THE PROPERTY TO THE CITY'S LIST OF INDIVIDUALLY PROTECTED PROPERTIES. WHEREAS, Pat and Leo Napoleon have made application for a rezoning of Parcel 26, City Tax Map 52 (`Subject Property" a/k/a 700 Lyons Avenue), 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 Sec. 34-273(b) of the Charlottesville 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 Sec. 34-274 of the City Code and recommended on October 17, 2006 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 November 14, 2006, following notice to the • public and to adjacent property owners as required by law; and WHEREAS, on November 14, 2006 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 I, Division 2 of the City's Zoning Ordinance (Historical Preservation and Architectural Design Control Overlay Districts), including Sec. 34-273 thereof (Individually Protected Properties); and (2) Upon consideration of the criteria set forth within Sec. 34-274 of the City Code, 700 Lyons Avenue 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 Sections 34-271 and 34-273 of the City Code;