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14 Mr. Page Williams, attorney representing COMPASS, said that there is a contract to purchase the property and the church has to be notified this week. Mr. Norris said that a condition could be added that there be continued dialogue and outreach with the community. Mr. Jim Barnes, COMPASS board member, noted that Mr. Spears has met with the North Downtown Residents Association and Downtown Business Association. He said some clients will only want comfortable amenities. He said measurement of success is difficult. Ms. Hamilton said she would gauge success if the shelter is embraced by the community, people have no fear of the shelter, and they are actively involved. Dr. Brown asked about the number of homeless people who are in the library. Mr. Barnes said there are more this year than last year. He said the census showed that 39% of the homeless are from Charlottesville and 61% are from the Planning District. Dr. Brown said he shares Mr. Lynch’s concern, but has been assured by Mr. Norris that is not the case. He said he feels we have a problem we need to address and a moral obligation. He said he feels the solution has some risk. He said he wants an organization that can effectively manage the program. Mr. Lynch said he supports the project and the key is to keep looking at the numbers. The Special Use Permit for a Homeless Day Shelter at 112 West Market Street st (1 Christian Church) was approved by the following vote. Ayes: Dr. Brown, Ms. Hamilton, Mr. Lynch, Mr. Taliaferro. Noes: None. Abstaining: Mr. Norris. WHEREAS , Shady Acres LLC (“Applicant”), contract purchaser, has requested a special use permit with respect to property identified on City Tax Map 33 as Parcel 254 (112 West Market Street), consisting of approximately 0.325 acres (“Subject Property”), to allow use as a shelter care facility; and WHEREAS, the subject parcel is zoned “D” (Downtown Corridor Mixed Use District) with historic overlay zoning in the Downtown Architectural Design Control District, where, pursuant to §34-796 of the City Code, shelter care facilities are allowed by Special Use Permit; and WHEREAS , a joint public hearing on this application was held before the City Council and Planning Commission on January 9, 2007, following notice to the public and to adjacent property owners as required by law; and WHEREAS , on January 9, 2007, 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 §34-796 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 a special use permit is hereby granted to allow use of the Subject Property as a shelter care facility, subject to the following conditions: 1. Operation of the shelter shall be limited to the hours of 7:00 a.m. to 7:00 p.m.; 2. Overnight accommodations will not be provided; 3. Except for related office and storage uses, the operation of the shelter is limited to the lower or basement level of the premises; and