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AN ORDINANCE AMENDING AND REENACTING THE ZONING DISTRICT MAP INCORPORATED • IN SECTION 34-1 OF THE ZONING ORDINANCE OF THE CODE OF THE CITY OF CHARLOTTESVILLE, 1990, AS AMENDED, BY THE RE -ZONING OF PROPERTY LOCATED AT 1701 RIALTO STREET (CITY TAX MAP 59, PARCELS 375, 375.1 AND 379) FROM R -IS (RESIDENTIAL)TO PLANNED UNIT DEVELOPMENT WHEREAS, Coleway Development LLC ("Applicant'), the owner of property located at 1701 Rialto Street, identified on City Tax Map 59 as Parcels 375, 375.1 and 379, submitted an application seeking a rezoning of such property from R-1 S Residential to Planned Unit Development (PUD), hereinafter the "Proposed Rezoning"; and WHEREAS, a public hearing on the Proposed Rezoning was held before the Planning Commission on September 11, 2007, following notice to the public and to adjacent property owners as required by law, and a second public hearing, following notice to the public, was held before City Council on October 1, 2007: and WHEREAS, on September 11, 2007, the Planning Commission voted to recommend approval of the Proposed Rezoning to the City Council; and WHEREAS, the Applicant has prepared a Final Proffer Statement dated September 18, 2007, as required by City Code Section 34-64(c), and the Final Proffer Statement has been submitted and made a part of these proceedings; and • WHEREAS, this Council finds and determines that the public necessity, convenience, general welfare or good zoning practice requires the Proposed Rezoning; that both the existing "R-1 S" Residential district and the proposed "PUD" (subject to proffered development conditions) zoning classifications are reasonable; and that the Proposed Rezoning is consistent with the Comprehensive Plan; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that the Zoning District Map Incorporated in Section 34-1 of the Zoning Ordinance of the Code of the City of Charlottesville, 1990, as amended, be and hereby is amended and reenacted as follows: Section 34-1. Zoning District Map. Rezoning from "R -IS Residential" to "Planned Unit Development', subject to the proffered development conditions set forth within the Final Proffer Statement dated September 18, 2007, all of the property located at 1701 Rialto Street, identified on 2007 City Tax Map 59 as Parcels 375, 375.1 and 379, consisting, together, of approximately 2.54 acres. Approved by Council October 15, 2007 Cl r of City Council 0