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ZM -16-00003 Page 1 of 2 AN ORDINANCE APPROVING A REQUEST TO REZONE PROPERTY LOCATED NEAR THE INTERSECTION OF KING STREET AND ROOSEVELT BROWN BOULEVARD (910, 912, 914 AND 916 KING STREET) FROM R-1S (RESIDENTIAL, SMALL LOT) T O CHERRY AVENUE MIXED USE CORRIDOR DISTRICT, SUBJECT TO PROFFERED DEVELOPMENT CONDITIONS WHEREAS , Atlas Projects, LLC (“Applicant”) is the Owner and contract purchaser of certain propert y near the intersection of King Street and Roosevelt Brown Boulevard, designated on City Tax Map 30 as Parcels 124, 125, 126 and 127, and the Applicant seeks a rezoning of such property from R-1S (Residential-Small Lot) to Cherry Avenue Mixed Use Corridor District (“CH”) (“Application”) subject to proffered development conditions dated May 15, 2017 (“Proffers”) (together, hereinafter the Application and Proffers are referred to as the “Proposed Rezoning”); and WHEREAS , a public hearing on the Proposed Rezoning w as held before the Planning Commission on June 13, 2017, following notice to the public and to adjacent property owners as required by law; and WHEREAS , on June13, 2017, following the public hearing, the Planning Commission voted to recommend that City Council should approve the Proposed Rezoning; and WHEREAS , on July 5, 2017, this City Council conducted a public hearing on the Rezoning, after notice to the public and to adjacent property owners as required by law, and City Council has considered the matters addressed within the Application and Staff Report, comments received from the public, including those received at each of the two public hearings in this matter, as well as the Planning Commission’s recommendation; and WHEREAS , this Council finds and determines that the public necessity, convenience, general welfare and good zoning practice requires the Proposed Rezoning; that both the existing zoning classification (R-1S Residential-Small Lot) and the proposed “CH ” mixed use zoning classification (subject to proffered development conditions) 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-1S Residential-Small Lot to CH (Cherry Avenue Mixed Use Corridor District), the property located near the intersection of King Street and Roosevelt Brown Boulevard , designated on City Tax Map 30 as Parcels 124, 125, 126 and 127 (910, 912, 914 and 916 King Street) (the “Property”), consisting of approximately 0.56 acres, or 24,393 square feet, subject to the following Proffers, which were tendered by the Applicant in accordance with law and are hereby accepted by this City Council: Approved Proffers 1.Right of Way : At such time that any development of the Property requires a site plan, the owner will execute a deed and plat that will dedicate the necessary right-of-way to the city on the northern border of the Property with King Street, to create a five (5) foot sidewalk.
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