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of apartments exceeds the growth management allocation by three units and there is no open space provided for potential residents. G. Michael Goldsworthy, 3860 Blackhawk Road, Danville, architect for the applicant, recounted the design process for this project, which has been going on since February. He pointed out the 350 Main building was approved for 200% lot coverage and his building is only 80% lot coverage. Downtown lots are hard to develop. He indicated his client was willing to pay the in-lieu parking fees up front when the building permits are issued. He and his clients followed all the guidelines and policies and now the project is being appealed. There was concern about paying the in-lieu fees, but there is an agreement that was entered into freely by the property owner. Mr. Goldsworthy then explained that the plan could be redesigned for office uses with only minor changes to the exterior of the building. As a matter of fact, that is what the owner wanted in the first place. If offices are what the neighborhood and Council wants, the owner is willing to design the project that way. They are also willing to make their parking area open to the public. Mr. Pico asked if the owner has actually agreed to have office use instead of residential? Mr. Goldsworthy said yes and described the revised design. Ms. Mohr asked if the 350 Main Street building was designed to allow a second story. Mr. Goldsworthy said yes and a second floor could be added on at any time. Ms. Dennis asked for a little more detail on the interior design of the offices and Mr. Goldsworthy explained the design. There being no further speakers, the public hearing was dosed. Ms. Dennis inquired about the different parking requirements for restaurants and offices. Mr. Swift explained that the parking requirement for restaurants is higher than for offices. Once a building is built, a restaurant use could go in without requiring additional spaces. This provision is one of the major reasons for the success of downtown. He believed that many of the restaurants would not have located downtown if the owners had been told they would have to pay a sizeable in-lieu parking fee. He described the in-lieu parking agreement for the 350 Main Street building and how the fees were calculated. In contrast, the subject property owner will pay his in-lieu fees at the time the building permit is issued. If Council so chooses, it can require the calculation of in-lieu fees to assume a portion of the building will be restaurant use. -8- 10/15/96