2009-14 REZONING PROPERTY - 3635 EAST U.S. ROUTE 36

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Excerpts from Plan Commission Minutes of March 5,2009 continued: Mr. Anderson asked if a special use permit could be issued for the fence. Ms. Stickle said when this came before the Commission in September 2008 it was an amendment to the Ordinance that was going to allow the Director to determine one of the front yards to be classified as a side or rear yard in cases where they have multiple front yards. The amendment was approved by the Commission and went to Council where the motion failed to carry. It went to Council again and the motion failed again. Mr. Anderson asked if the Commission could approve the petition excluding staff's recommendation of point a. and b. and keep the planting of the evergreens. Ms. Stickle stated the Plan Commission could make whatever recommendation they decide upon. The Commission questioned whether the barbed wire and razor wire were allowed by Ordinance. Mr. Greg Crowe, Assistant City Manager, said the City code currently does not prohibit barbed wire or razor wire. When the issue came up at City Council there were some Council members who did not want the razor wire to be on the fence. Staff then indicated to the petitioner that this needed to be part of the Planned Development. The Plan Commission can make a recommendation to change the conditions within the Plan Development. There are three (3) options to choose. The Commission can make a motion to approve the petition as submitted, deny the petition, or amend the petition. Mr. Matt Dial asked if the current B-2 zoning could be amended to allow the fence to remain as is. Mr. Crowe stated the petition in the fall asked for a Zoning Ordinance amendment in the B-2 District and was denied by the City Council. Mr. Dial asked if the evergreens would grow into the power lines along Fulton Avenue or would they be shorter to mainly hide the fence. Mr. Crowe stated they are intended to provide a site break between the fence and the residential area. Ms. Stickle said they would be installed at six (6) feet. Mr. Mickler stated the maturity of the trees grow to forty (40) feet in height. Mr. Crowe stated with proper maintenance it should not be a problem. Mr. Cochran stated he is representing Mr. Hunt. He said the fence is in place and Mr. Hunt would prefer to keep the razor wire for security reasons. The fence needs to be located where it is due to a loading dock. City staff informed Mr. Hunt that City Council had opposition to the razor wire. Mr. Cochran said that Mr. Hunt is ready to move forward. He has a 3,000 square foot restaurant that is open and operating on a temporary Certificate of Occupancy permit. This permit expires on March 23, 2009, so timing is critical. Mr. Cochran stated the evergreens will be six (6) feet tall when planted and there are several varieties to choose from so when they are mature they will not interfere with the power lines. Mr. Cochran said Mr. Hunt reluctantly agreed to take the razor wire down if this is required to move the project forward. It was expensive to put the razor wire up and it will be expensive to take it down. Mr. Cochran stated that Mr. Hunt has been to every neighbor adjacent to Fulton Avenue and no one has opposed the fence.