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4 WHEREAS , on behalf of property owners Lewis LLC of Troy and Willco Properties, Croxton Collaborative Architects (hereafter, “Applicant”) has requested a special use permit with respect to property located at 201 and 215 Avon Street, identified on City Tax Map 58 as Parcel 1 and a portion of Parcel 2, consisting of approximately 0.58 acres (together, hereafter “Subject Property”), to allow for an increase in permitted residential density from 87 dwelling units per acre (DUA) to 200 DUA within a proposed mixed use development; and WHEREAS , the Subject Property is located within the Downtown Extended (“DE”) zoning district, and is included within the Downtown Architectural Design Control overlay District. The Subject Property is also situated within the parking exempt area established pursuant to §34-971(e) of the City Code; and WHEREAS , pursuant to §34-580(a) of the City Code, residential density of up to 200 DUA is allowed within a mixed-use development only through issuance of a special use permit; and WHEREAS , pursuant to §34-162 of the City Code, in connection with the requested special use permit, the Applicant also seeks a reduction of certain yard regulations (required setbacks) that would otherwise apply to the Subject Property as a result of City Code §34-578; WHEREAS , a joint public hearing on this application was held before the City Council and Planning Commission on September 12, 2006, following notice to the public and to adjacent property owners as required by law; and WHEREAS , on September 12, 2006, 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, with conditions; and WHEREAS , this City Council finds and determines that granting the special use permit would be consistent with City Code Chapter 34, Article II, Division 2 and Article VI, Division 3, and the criteria generally applicable to special use permits under Chapter 34, Article I, Division 8 of the City Code; now, therefore, BE IT RESOLVED by the Charlottesville City Council that a special use permit is hereby granted to allow an increased density to 200 DUA within the proposed mixed- use development on the Subject Property, and as part of this approval the following yard requirements are hereby reduced: (i) the required setback on South Street is reduced from 10 feet to 0 feet; and (ii) the required setback on Avon Street is reduced from 10 feet to 0 feet. This special use permit is subject to the following condition: No more than seventy-five percent (75%) of the gross floor area of the approved mixed use building shall be devoted to any residential use, or to any use that is accessory or ancillary to any such residential use. RESOLUTION i. : Authorizing Submission of Homeland Security Grant Application BE IT RESOLVED BY the City Council of City of Charlottesville that Gary B. O’Connell, City Manager is hereby authorized to execute for and in behalf of the City of Charlottesville, a public entity established under the laws of the State of Virginia, this application and to file it in the appropriate State Office for the purpose of obtaining certain Federal financial assistance under the OJP, National Domestic Preparedness Office Grant Program(s), administered by the Commonwealth of Virginia. That, the City of Charlottesville, a public entity established under the laws of the Commonwealth of Virginia, hereby authorizes its agent to provide to the Commonwealth and to the Office of Justice Programs (OJP) for all matters pertaining to such Federal financial assistance any and all information pertaining to these Grants as may be required.