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ZONING & ANNEXATION JULY 22, 2013 <br />3:30 P.M. <br />Committee Members Present: Dr. Fred Ferlic, Oliver Davis, Henry Davis (3:28), <br />Gavin Ferlic (Excused Absence) <br />Citizen Members: Kyle Chamberlin Marcus Ellison (unexcused absence) <br />Other Council Members Present: Tim Scott, Valerie Schey, <br />Dr. David Varner (Excused Absence), <br />Karen White, Derek Dieter <br />Others Present: Mike Divita, Mike Danch, Christa Nayder, Larry Magliozzi, <br />John Byorni, Jitin Cain, Erin Blasko, Kathryn Roos, John Phair, <br />Chris Fielding <br />Agenda: Bill No. 16 -13 Rezone — Special Exception 3527/3529 Western Avenue <br />Bill No. I 1 -13 Rezone — Special Exception 3801 Western Avenue <br />Bill No. 26 -13 Amend PUD <br />Update — Text Amendments Chapter 21 — APC <br />Beginning promptly at the 3:30 scheduled time for his Zoning & Annexation Committee, <br />Chairperson Dr. Fred Ferlic noted three numbers present constituting a quorum. <br />Bill No. 16 -13, a request to re -zone and provide special exceptions to property at 3527 <br />and 3529 W. Western Av. Was first on the agenda. <br />At Dr. Ferlic's request Christa Nayder reported a favorable recommendation from the <br />Area Plan Commission. <br />Representing the petitioner, Mike Danch reported that the petitioners had met with the <br />neighborhood organization as requested by the Council hoping to win their favor. <br />Unfortunately for the petitioner some, residents were still opposed to a convenience store <br />with two gas pumps. Mike said even though the petitioner was willing to submit eight <br />commitments regarding hours of operation, security, and goods sold among the eight, the <br />residents were intractable in their opposition. Danch also reminded the Council that the <br />commitments run with the land. <br />In the Council portion Valerie Schey reported that "calls for service" from the SBPD had <br />gone down over the past few years. Derek Dieter asked who and how the commitments <br />would be enforced. Karen White asked how the Community Investment Department felt. <br />Representing them. Mike Divita, said the City was opposed. Oliver Davis proposed a <br />staging of operations; but Mike Danch said that would add to the expense and left two <br />much in question. Henry Davis wondered if the City had attempted to work with the <br />owner toward relocation. While needing investment and job creation, Henry said CI had <br />