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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 A PORTION OF 946 GRADY AVENUE (FORMER MONTICELLO DAIRY BUILDING) TO ADD AN HISTORIC OVERLAY DISTRICT DESIGNATION TO THE PROPERTY, 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, at its meeting on January 7, 2008, City Council directed the Board of Architectural Review (BAR) to research and pursue individually protected property designation for properties the BAR deems worthy of protection; and WHEREAS, the BAR held a work session on February 27, 2008 to review a list of properties ranked according to perceived threat of demolition, and twelve (12) properties were selected for further review; and WHEREAS, on April 29, 2008, the BAR considered the factors set forth within Sec. 34- 274 of the City Code and unanimously recommended the designation of a portion of 946 Grady Avenue (the former Monticello Dairy Building), hereinafter the "Subject Property", and rezoning of the Subject Property 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, ajoint public hearing on the Proposed Rezoning was held before the City Council and Planning Commission on August 12, 2008, following notice to the public, to the property owner, and to adjacent property owners as required by law; and WHEREAS, on August 12, 2008 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, the Subject Property 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; now, therefore,