12-17-10 Agenda - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 26, 2009 PUD PERMIT Mayor Blesener opened the Public Hearing to consider the request of' COUNTY Comforts of Home for a Planned Unit Development Permit allowing the ROAD B development of an assisted living and memory care community consisting COMFORTS of a total of 52 private apartment units. The property in question is OF HOME on County Road B located immediately west of the railroad tracks. Blesener noted that the City Planner, City Engineer, and Planning Commission have recommended approval subject to conditions. The City Planner reported that last fall the City rezoned this particular piece of property to Planned Unit Development and reguided the land use of this parcel to multiple family at the request of Comforts of Home. Comforts of Home is now requesting a Planned Unit Development Permit so that they can develop their assisted living and memory care project on the site. The Planner described the site and pointed out that the project is a tight fit. He further noted that given this is a senior facility, the parking demand is reduced, and the parking as proposed exceeds the Code requirement. The Planner indicated that the building as proposed meets the City's general building standards. The Planner reviewed the discussion that occurred at the Planning Commission meeting relative to the desire to have looped driveway access around the building. The applicant indicated at the Planning Commission meeting that the grade of the property would make it very difficult to loop the driveway. The other issue discussed is the existing billboard on the property. A billboard is considered a principle use of property, and the Code allows only one principle use of a lot, except by PUD. Given there is an existing lease in place for the billboard, the Planning Commission was agreeable to the billboard remaining at this time, but took the position that the lease should not be renewed and the billboard removed at that time. Keis asked about the possibility of buying out the lease. The City Administrator reviewed the history of the billboard lease in that Naegle purchased the property, granted themselves a billboard lease at a rate of about $50 per year, and then sold the property. The Administrator estimated that the lease expires in about 10 to 12 years. The Administrator felt it would be difficult to buy out the lease under these circumstances. McGraw asked the impact of the Code on the billboard given that billboard are no longer allowed. The Planner replied that the billboard is considered a legally non conforming use. Matt Frisbee, Frisbee Architects, representing Comforts of Home, reported that Clear Channel, the current owner of the billboard, is not interested in a lease buyout. The lease is valid through 2021. Frisbee submitted a letter from Clear Channel stating their position. 4