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City code 903.020.F.8 says – <br /> <br />8. Business and Industrial District Fences. Fences in all Business and Industrial Districts <br />shall not exceed eight (8) feet in height except that: <br /> <br />a. Boundary Line fences abutting "R" Districts shall conform to those regulations <br />applicable to the "R" District. <br /> <br />The maximum height allowed in the Residential Districts is 6 ½ feet in the rear yard. If 2925 Country <br />Drive was zoned Business or Industrial, the City would limit the fence height to 6 ½ feet with the <br />abutting R-1 District to the west. With the PUD District zoning, the City Council has the flexibility to <br />require the fence height be installed at the maximum allowed by the commercial standards. <br /> <br />The Planning Commission recommended approval of Ordinance 833 to establish Planned Unit <br />Development District G which would allow for a charter school at 2925 Country Drive and <br />recommended closing the access between the parking lots at 2925 and 2935 Country Drive, and <br />eliminating the north side fence. <br /> <br />Lastly, the City Administrator has been in discussion with AFSA representatives on the preparation of <br />the Development Agreement. A condition of the PUD Amendment and Ordinance is execution of a <br />Development Agreement, which also includes language requiring execution of a Payment in Lieu of <br />Taxes (PILOT) Agreement. A copy of the draft PILOT Agreement is attached for your review. <br /> <br />Please be aware that the public hearing discussion is for Ordinance 833 (which includes a “subject to” <br />execution of the Development Agreement). The language and terms for the Development Agreement <br />and PILOT Agreement are not part of the Public Hearing and will be reviewed at a later date. <br /> <br />Recommendation <br />Based on the public comments received, city staff is recommending a fence height of six and half feet <br />on the west property line. The fence height provision for commercial districts is to be cognizant of the <br />adjacent residential land uses and keeping in character with the area. <br /> <br />Subject to further clarification on the fence location and height, city staff is recommending the <br />following motions: <br /> <br />• An amendment to Resolution 2018-9-178 to strike the condition requiring installation of a <br />fence on the north property line. <br /> <br />• An amendment to Resolution 2018-9-178 to require a fence height of 6 1/2 feet on the west <br />property line. <br /> <br />• Approval of Ordinance 833 to establish Special PUD District G which allows for a charter <br />school at 2925 Country Drive.