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The analysis was based on the existing ordinance. With all conditions being met, Staff believes the use <br />would be consistent with the Ordinance. Staff feels these improvements preserve the community interest <br />and the standards for granting a CUP. <br />Planning Commission Discussion <br />The Planning Commission held a public hearing on May 5, 2009. The Planning Commission discussed <br />the improvements suggested by staff. The Commission felt that the improvements suggested were <br />reasonable, given the proposal. The Commission also felt that the parking lot islands and landscaping <br />were important additions to the development of the area. <br />Public Comment <br />Ken Dehn, property owner, and Monte Howerton, Repot Depot Owner, had objections to the <br />suggestions made by staff. <br />Dehn questioned the logic of putting trees on the front of a business; his opinion was that this would <br />block the view. He also questioned the need for islands; his opinion was that this would be dangerous. <br />Staff replied to these concerns by stating that the trees add curb appeal to the area, attracting visitors. <br />Additionally, this is a requirement of all other commercial districts, and a lack of visibility has not been <br />demonstrated. Dehn continued, questioning why these improvements have to be made, since the lease is <br />only for a year, with a second year option. Staff replied that the applicant was requesting a CUP, and has <br />not indicated a limited time frame. Further, the actual development of the area based on the Focused <br />Area Study plan is likely many years away. <br />Monte Howerton, Repo Depot, had concerns with the sign that is in the road north of the subject <br />property. Additionally, Howerton wanted the City to absolve liability due to the curbed island. Staff <br />responded, noting that the City does not accept liability for improvements on private property. Staff <br />continued that these proposed improvements were not unlike any other commercial property. <br />In reviewing the sign concern, staff does not believe there to be an issue. The pavement markings in <br />place are misleading, noting the property line. If the Council feels there is an issue, a bollard can be <br />installed to protect the sign until it is removed. <br />Howerton questioned the need to deposit a $50,000 letter of credit. Staff responded, stating the letter of <br />credit protects the city by insuring these improvements would be completed. (I'he City is facing a similar <br />issue where a letter of credit wasn't required, and the city is starting CUP revocation proceedings). <br />Howerton stated he would not supply a letter of credit. Staff suggested alternative language, requiring a <br />LOC if a certificate of occupancy was sought prior to completion of improvements. Howerton was not <br />supportive of this option either. <br />Attachments <br />• Staff Report to Planning Commission dated May 5, 2009 <br />• Site map <br />Action Motion by Second by Vote <br />FOIIOW Up <br />S:\PLANNING MAIN\Case Files\CUP\CU 09-13 National Repo Depot\CU 09-13_CC 5-11-09.doc <br />