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2 WHEREAS, a joint public hearing on this application was held before the City Council and Planning Commission on March 8, 2005, following notice to the public and to adjacent property owners as required by law; and WHEREAS, on March 8, 2005, based on the information presented by Neighborhood Development Services staff as well as by the Applicant, the Planning Commission recommended that the application be approved as submitted; and WHEREAS, this Council finds and determines that the Applicant's requested modifications of applicable yard regulations (i) will be in harmony with the purposes and intent of Article I, Division 8 of the City's zoning ordinance and of the R-UHD zoning district; (ii) are necessary or desirable in view of the nature, circumstances and location of the proposed development; and (iii) do not propose a use that is not otherwise allowed within the R-UHD district; and WHEREAS, this City Council finds and determines that granting the requested Special Use Permit would be consistent with the City's zoning ordinance and the criteria generally applicable to special use permits under Chapter 34 of the City Code; now, therefore, BE IT RESOLVED by the Charlottesville City Council that: (1) A special use permit is hereby granted to allow the residential development of the Subject Property at a density of up to eighty seven (87) dwelling units per acre; and (2) For the development authorized by this Special Use Permit, the maximum building height shall be sixty eight (68) feet; however, due to topography of the site, this height allows for a building height of (a) 78 feet (measured from the curb of the street to the mid-point of the sloping roof of the building) along the Subject Property's 15th Street frontage, and (b) 58 feet (measured from the curb to the mid-point of the sloping roof of the building) along the Subject Property's Monroe Lane frontage; (3) Pursuant to City Code {}34-162, with respect to the development that is the subject of this Special Use Permit, the following yard regulations shall apply: a. Side yards shall be eight (8) feet, minimum; b. Front yards (15th Street and Monroe Lane) shall be ten (10) feet, minimum. c. The shall be no stepback requirement along the Subject Property's 15th Street frontage, after 5 stories / 60 feet of height. PUBLIC HEARING: CITY COUNCIL'S PROPOSED BY 2006 BUDGET Mr. O'Connell reviewed the budget highlights and pointed out the following increases proposed by Council: Boys and Girls Club ($12,000); Charlottesville Contemporary Center for the Arts ($10,392); Municipal Band ($4,500); Legal Aid Elder Law Program ($17,481); and Public Defender's Office ($26,000). Mr. Schilling asked questions about which of these agencies were subject to the budget review process and about whether Council guidelines were followed in the recommendations. Mr. O'Connell provided the following information. The Boys and Girls Club and Legal Aid Elder Law Programs were reviewed by the budget review team who recommended funding, but the City Manager's office did not because of the policy of funding no new programs. The CCCA and Municipal Band were not reviewed by the review team, but were recommended to receive 3% increases. The Public Defender's office was reviewed by staff and was not recommended because it was seen as a new program. Mr. O'Connell said that budget guidelines are reviewed. He said there was a sense that things were tighter than they were believed to be in the fall.