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Attachment D 14-14, chain link fence would be installed,, Mr. Lloyd advised that the City's zoning code would not 145 allow for a chain link fence to be used for screening or buffering, but would require it to be 146 constructed of composite materials or wood to provide privacy fencing. While it was not staff s 4 7' practice to apply conditions to a Conditional Use or other applications for requirements already 148 addressed elsewhere in City Code, Mr. Lloyd noted that it was the Council's prerogative to add 149 additional conditions at their discretion. 50 Councilmember McGehee opined that additional conditions may provide neighbors with the 51 assurance that they had been heard. However, Councilmember McGehee opined that she felt 52 strongly about not removing the 150 square feet per resident for green space. 5'%13 Mayor Roe asked that staff provide their rationale for whether or not it was a good idea to 54 eliminate that 150 square foot requirement. 55 Mr. Lloyd advised that staff's rationale, during their review and assessment,, was that the nature 56 of that requirement for usable open space for residents on the property was not specific to the 5 7' culture of this proposed operation that didn't allow residents to freely roam the site or go off-site; 58 making the 150 square foot minimum requirement irrelevant for this proposal. If the City 59 Council mandated that this Conditional Use requirement be met, based on future operations or 6o different clientele,, Mr. Lloyd advised that the requirement could be met through vacating a part 61 of the wide Dale Street right-of-way, and adding more of a side yard; or through access to public 62 parks and open spaces within 300' of the property. Mr. Lloyd noted that there are both located within that area; however, their entrances would be further away; but advised that a &4 determination could be made at the time a future operator or use didn't meet that requirement. If 65 not meeting them at that time,, Mr. Lloyd advised that the operator would then be forced to 66 operate with fewer beds to meet Conditional Use requirements. 6 7' Mayor Roe questioned if that was laid out in recommended conditions. 68 Mr. Lloyd responded that it was not laid out specifically; but that with any Conditional use, it 69 must meet all relevant code requirements. 7'0 Mayor Roe questioned if the 150 square foot requirement needed to be addressed as a condition. 7'1 Mr. Lloyd responded that it could be a condition, and may not be redundant with other City 7'2 code; however, he noted that there were other code requirements in a Commercial District that 7`3 may have the same setback requirements as other residential uses in that district; however, there T14 were no other setbacks for residential uses and thus not addressed in the recommended 7'5 conditions of approval. 7'6 Councilmember Punt questioned if vacation by the City of its right-of-way was the only option to 7 . .... 7' bring the property into compliance if the use changed. 7'8 Mr. Lloyd advised that it would be one option; and noted that this project had been before the 7'9 city in some fashion for three (3), years; and staff was willing to work on vacating some of that 8o right-of-way as long as sufficient right-of-way was retained for the underground infrastructure 81 needs. Mr. Lloyd advised that this had always been a viable situation considered by staff 82 regardless of who owned the property or who had use of that surface. 8'%13 Councilmember Punt opined that she was uncomfortable in approving this, if the only option for &4 the owner is for the City to vacate its right-of-way to allow compliance for the 150 foot 85 requirement or make them close their doors. While not her area of expertise, Councilmember Page 2 of 4