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vineyard and convert it into a restaurant. It is also a proposal to locate on additional home site nearby. This went through the process then and was approved, but because of the economy, has not moved forward. They are typically able to extend these types of projects if they expire for economic reasons through the minor modification process and it would not come to Council. When staff noticed the project, they received two phone calls and two emails with concerns from neighbors with similar concerns raised the first time the project went through. Staff discovered people were concerned with the fact that the restaurant would serve alcohol, there would be increased traffic associated with the restaurant, it would pose a security concern and a general concern there would be a commercial use in that predominantly residential neighborhood. Mr. Dolan said the Planning Commission and Council were able to work through those issues and with a set of conditions, were comfortable in approving it. Staff did not spend a great deal of time adding to conditions. They updated things based upon laws changing, and he displayed a graphic showing the existing sales office, the 36-acre parcel which is predominantly vineyard, and he said the total acreage between the proposed restaurant site and home site would be 2.5 acres. Mayor Hosterman also noted that since that time, the City has approved two additional restaurants serving wine which has worked out very well. Mr. Dolan agreed and said it was with the knowledge of those and their cumulative effective that some conditions placed on this project came into effect. Mr. Dolan displayed the previous site plan and modest site plan change related to concerns expressed by residents. Councilmember McGovern questioned if the applicant owns the 2.5 acres and asked if they were in a conservancy. Mr. Dolan said there is a conservation easement over the entire property which limits what can be done. He said 2.5 acres can be used for these types of uses and a condition of approval has been agreed upon by the applicants. Mr. Dolan displayed a photo of the second floor, and said a small 380 square foot kitchenette was added next to the dining area which helps to improve operations since they are serving meals on two floors. When square footage is added, he noted there is a minor impact to the elevations but it does not change the perception of the building. Mayor Hosterman questioned if the Council was simply considering extending the approval for two years. Mr. Dolan said yes, but there is also a minor change. When they got into the details of designing the construction drawings, their engineers told them there was a better way to do their basement which resulted in it being enlarged or elongated which provides better support. The additional square footage would simply be used for storage and not increase the size of the restaurant. He said there are a few minor interior changes which would not have any effect on the exterior. There is also a requirement that the landscape plan be more specific. There are several conditions of approval which were carried forward with a few additions to reflect the current City practice and some updates in regulations; however, staff supports extending the project. Councilmember Sullivan referred to page 5 of the staff report under Green Building and asked why it states "the development is not subject to the City's green building ordinance." Mr. Dolan said one reason is that the building is already built and is simply being relocated, and secondly, there is a threshold of 20,000 square feet, and this building does not meet that. Councilmember Sullivan noted this is also approving a lot or pad for a new house, which Mr. Dolan confirmed should be covered by the same rules everyone in town is subject to. Mr. Fialho clarified the law is both the Green Building Ordinance and State standards. When the project comes forward, it would be applied consistently with new development. Councilmember Sullivan asked that this be included as a condition, and Mr. Dolan agreed a condition could be added. City Council Minutes Page 4 of 5 November 15, 2011