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October 18, 2016 — Meeting Minutes
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10-18-16 BOA Minutes October 18, 2016 Page 3 of 11
Jared Novelly, Apex Oil, Apogee, addressed the Board providing an update on the parking issue for the project. Mr. Novelly stated that the original parking study indicates that there is a tremendous amount of available parking. In their lot they have only 63% usage on that block and they would be only adding about 21% square footage to the block. He said that they own the garage, they built it, and they operate it, and pay the taxes on it. Unfortunately, what was originally found by the original parking study and the ARB and City staff there was ample parking available, 1,300 spaces that are empty every day and when it came before the Board of Aldermen there was some confusion about some 30 or 40 year old documents about how the parking garage works. He said that rather than go back and forth on how the parking garage works and those 30 and 40 year old documents instead what they have chosen to do is to pursue a lower ratio because there is so much available parking. They have met multiple times with City staff, as well as the City’s parking consultant. They have met with the property owners that are parties to the garage that includes Maryland Place, the Desco building, and Shaw Park, who has the most problems with the proposed development, and they are continuing to meet with them.
In response to Alderman Garnholz’s question, Mr. VinZant stated that the location will be open Thursdays through Saturdays. The space will be used as a “champaign bar” serving over 100 different varieties, and also used as a private dining area; the hours of operation would be the same as the restaurant, but that their license states closing at 1:00 a.m.; they will not be serving lunch. In response to Alderman Berger’s question, City Manager Owens stated that the combined restaurants would meet the 50% food sales requirement. With regard to parking City Manager Owens explained that although there are no available parking spaces for lease within 500’ in the immediate vicinity the restaurant patrons can find parking on the street and also in the parking lot across the street. Alderman Boulton clarified that it stipulates “leased parking,” which is not available. Susan Istenes explained that the Code requires parking within 500’ of the business and that staff relies on the applicant to research the available space. Gary Carter added that the stipulations for the Centene garage does not allow leased spaces. Mayor Sanger closed the Public Hearing. Alderman Garnholz moved to approve Resolution No. 16-19, approving an amendment to the Conditional use Permit for Louie’s Wine Dive. Alderman Boulton seconded. The motion passed unanimously on a voice vote. AN ORDINANCE ADOPTING A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD
City Manager Owens reported that on July 12, 2016, this request was originally presented to the Board of Aldermen.
The motion passed unanimously on a voice vote. AN ORDINANCE ADOPTING A SPECIAL DEVELOPMENT SUBDISTRICT FOR THE PROPERTY ADDRESSED 8125 FORSYTH BOULEVARD
City Manager Owens reported that on July 12, 2016, this request was originally presented to the Board of Aldermen. It was then continued to the meeting on August 23, 2016, and subsequently to the meeting September 13, 2016. The applicant is now requesting an addition continuation while they continue to explore options to address parking. Therefore, staff is recommending that the Board of Aldermen table this item until November 8, 2016.
They have met multiple times with City staff, as well as the City’s parking consultant. They have met with the property owners that are parties to the garage that includes Maryland Place, the Desco building, and Shaw Park, who has the most problems with the proposed development, and they are continuing to meet with them. What they also have done is found yet another parking expert, who actually happens to have the distinction of being around and having performed the parking study for the original SDD. He said that this parking consultant also is part author of the ULI Study called Shared Parking which is the “bible” in the industry in parking studies that they previously seen and he is presenting his findings to them soon; they received a rough draft today with a final draft being received tomorrow. They then could show what ratio they believe to be appropriate given the limited amount of the garage that they were able to consider as their own based on the interpretation of some 40 year old documents. Mayor Sanger stated that it sounds to him that it is getting more complicated rather than simpler. Mr. Novelly stated that it’s complex and unfortunately there’s 20, 30, and 40 year old documents that need to be relied on and so a lot of the principles with the exception of his father have passed away. Mayor Sanger stated that you now have a 20, 30, or 40 year old traffic consultant how do you rely on that person. Mr.
Mayor Sanger stated that you now have a 20, 30, or 40 year old traffic consultant how do you rely on that person. Mr. Novelly stated that luckily he has good notes, but he’s able to speak more as to what is traditional in the industry as to what would have been traditional in the industry back then as opposed to speaking specifically to what he has experienced, although he does remember the study. Alderman Lintz stated that the issue as he understands from the City’s legal counsel is that this is not an availability of parking. It is a legal question as to who has the rights to the parking and 30 or 40 year old documents, we live under a Constitution that is 200 years old and he doesn’t hear anybody complaining about that. He thinks that they need to address the legal issues and not the availability. Alderman Lintz asked that in reference to Mr. Novelly stating that he has been talking with the others, has he made progress in coming up with agreements with them on what they need and will agree to. Mr. Novelly said that he doesn’t want to put words in their mouths, but he suggests that two of the three owners will agree, the third owner simply does not want their views blocked and that’s the whole reason that they have been delayed, they don’t want the competition, don’t want their views blocked – they do not see a compromise and that’s a quote.