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7th, was approved by the following vote. Ayes: Dr. Brown, Mr. Caravati, Ms. Hamilton, <br />Mr. Lynch. Noes: Mr. Schilling. <br /> <br />PUBLIC HEARING/ORDINANCE: RIVERVIEW PARK LAND EXCHANGE (2nd <br />reading) <br /> <br /> Mr. Tolbert explained that the City has been requested by Rivanna LLC to swap <br />approximately 10,762 square feet in Riverview Park which staff feel is unusable. In <br />return, the City will gain approximately 3,898 of more usable property that can be used to <br />access the Park and the developer will build two affordable housing units to be built in <br />partnership with Habitat for Humanities. He said Rivanna LLC has requested the sales <br />price of these units not exceed $150,000, and the mortgage amount not exceed $120,000, <br />and the first must be built within two years. He said it is recommended that the exchange <br />of property not be finalized until the rezoning of the property is finalized. <br /> <br /> Mr. Brown said that the amendments made by Councilors at the first reading have <br />been incorporated into the ordinance. He said that increasing the sales price for the <br />affordable units to $150,000 requires an amendment to the ordinance. He noted that <br />because the property is parkland, it must be approved by four Councilors. <br /> <br />The public hearing was opened. <br /> <br /> Mr. Overton McGee, Director of Habitat for Humanities, thanked Council for <br />their creativity and their desire to have affordable housing. He said this project will be a <br />good example to show the development community. <br /> <br />As there were no further speakers, the public hearing was closed. <br /> <br /> Mr. Caravati asked what are the consequences if the units are not built within <br />three years, and Mr. Brown said it would be a breech of contract and subject to a suit. <br /> <br /> Mr. Caravati asked what work in cooperation means from an enforceability point <br />of view. <br /> <br /> Mr. Brown said the developers and Habitat must work as partners to see that the <br />project is done per the ordinance. Mr. Brown said that if the rezoning is not approved, it <br />makes no sense to exchange the property. <br /> <br /> Mr. Schilling said he has spoken with the applicant and Habitat and has walked <br />the property. He said we are exchanging approximately 11,000 square feet for 4,000 and <br />are receiving affordable housing for consideration. He questioned how this will be <br />addressed. He said he understands the design process and working affordability into the <br />design. He said the cost of the lots is $13,000 each, and making Habitat pay this cost will <br />increase the cost of the affordable housing units by $13,000 each. He suggested there be <br />a three-party agreement that requires Rivanna LLC to give the lots to Habitat, thus <br />allowing the units to be built for $13,000 less per lot. He said the design advantage is not <br />greater than the savings. He said that the current requirement is that the units be build <br />within three years, but said that if Habitat is given the lots they could start in February <br />and finish in six months. He said the project may not be able to be done in three years <br />given the market. He said if the developer wants to devote time and work with Habitat, <br />Habitat is open to that. He said he feels this would provide for a better end project for <br />affordability. <br /> <br />Mr. Caravati said he would like to hear from the applicant. <br /> <br /> Mr. Chris Hayes, representing Rivanna LLC, said they have discussed the amount <br />of $10,000 to $13,000 per lot with Habitat. He said they have an agreement that 1% of <br />each house sold will be contributed to Habitat, which is roughly equal to that amount. He <br />said the time to create an integrated whole is not insignificant and will take hundreds of <br />hours. He said Habitat could build houses similar to what they have built in the past. He <br />said this could become a prototype and they are committed to have an integrated project. <br /> <br /> <br />