10-22-03 Zoning & Annexation - Laserfiche WebLink

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Zoning and Annexation Committee October 22, 2003 Page 4 unfinished business section of the Council's agenda for their next regular meeting and then referred to the Commission. Council President White inquired about the proposed Studebaker Museum and whether it will be required to be rezoned if it goes forward. Mr. Fozo noted that under the current Code governmental buildings are exempt, however they will be governed under the proposed zoning code. Since the proposed museum is still in the discussion stage,it is unclear what zoning changes are necessary at this point. It was noted in response to a question from Dr. Varner that Community& Economic Development prepared the necessary rezonings so that the Erskine Village project would be developer friendly. Mr. Valanzano then highlighted portions of the handout entitled "Section 21-09.02 Area Plan Commission Section (d) Commitments" (#5 handout attached). He noted that this process would be utilized if higher standards would be needed,however only the Area Plan Commission could do so. In response to a question from Council Member Pfeifer, Mr. Byorni stated that a current commitment in place affects the property for the Phillips 66 station at the corner of Ewing and Ironwood. Such a commitment would be terminated once a new zoning ordinance is in place. Mr. Valanzano noted that the state law contains a provision that if a material representation is found within 180 days of a rezoning that it can be rezoned to its original rezoning classification. He noted that this state law resulted from a lawsuit involving a site plan in Shelbyville where there was a material misrepresentation. Council Member Pfeifer noted that she has stressed for years the need to protect our community from unwanted signage. Mr. Fozo noted that the new ordinance would limit window signs to 25%. Mr. Fozo added that the Engineering Department is in the process of having bench signs removed that are located in the public right of way. Council President White noted that Sec. 21.27.03 should be consulted in this area. Discussion then took place on the ongoing nuisances resulting from transient merchant sales, especially those which occur on Fridays and over the weekend. Council President White noted that there is a significant enforcement issue involved which may require the Code Enforcement personnel to work flex time hours so that weekend violations are properly cited. Mr. Valanzano noted that outdoor displays are addressed in the proposed ordinance which primarily address temporary or seasonal sales. He noted that such sales must be accessory to the primary use and are addressed in Sec. 21.03.04. It was suggested that both zoning code provisions and transient merchant licensing provisions be reviewed so that such nuisances could be properly addressed. Dr. Varner noted that at the power point presentation with the BZA, APC and Council, that it was