04-26-2017 Council Packet - Laserfiche WebLink

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STAFF REPORT TO: Little Canada Planning Commission FROM: Jessica Jagoe, Associate Planner DATE: April 3, 2017 RE: 2680-88 Rice Street – Special Purpose Fence Conditional Use Permit Background Neal Anderson, Property Owner of 2680-88 Rice Street, is seeking approval of an eight foot high special purpose fence on the east side of the property abutting the residential houses along Rosewood Drive. In addition, Mr. Anderson is seeking approval of an 8 foot high by 46 foot wide section of fencing on the CVS Pharmacy property at 2650 Rice Street. This section of fence on the CVS parcel is part of the existing wood fence that stretches between the two parcels. The existing wood fence was a requirement of approval in 1989 when the Rice @ C Shopping Center was originally developed as one parcel. Since that time, the parcel has been split to allow for construction of the CVS Pharmacy, but the fence remains as the screening to the homes along Rosewood Drive. Mr. Anderson has indicated he will be paying for the fence replacement on both parcels, but CVS will be responsible for any future maintenance of the section of fence on their property. Mr. Anderson will also be replacing the fence along the north side of the property to match with the east side, but at its current height of six feet high (which is allowed by code). As part of the approval in 1989 when the Rice @ C Center was built, the City Council required an Outlot C along the northeast corner of the property to establish a buffer zone for the residential property to the north. The original approval provided for 25 feet of green area from the north property line to a six foot high fence. The current location of the fence is 30 feet from the property line on the retaining wall. When the CVS property was being reviewed these parcels were replatted and Outlot C was removed from that northeast corner, but the conditions for maintaining the buffer were not discussed. Mr. Anderson has indicated when the new fence is installed it will be set back five feet towards the north property line in order to add some additional landscaping on top of the retaining wall. He would still provide for and maintain the 25 feet of green area. Analysis During the review of the Conditional Use Permit to allow for a drive-through restaurant at 2680-2688 Rice Street, one of the conditions of the approval was that the Property Owner replace the fence on east side of the property with a new, taller, and solid fence to block the headlights from shining through over the fence, and that it must be completed prior to the restaurant opening. This condition was set by the City Council as a result of the neighborhood concerns along Rosewood Drive and the deteriorated state of the existing fence. City code allows for fences in a commercial district up to a maximum height of eight feet, but for boundary line fence abutting a residential district must comply with the residential district guidelines which would be six and one-half feet high maximum. Additionally, City code allows for Special Purpose Fences that deviate from the height in any district by issuance of a Conditional Use Permit (code language below).