HomeMy WebLinkAbout12-14-09 Zoning and Annexation CommitteeZONING AND ANNEXATION COMMITTEE 12-14-09
Oliver Davis, Vice-Chairperson, Zoning and Annexation Committee called the meeting
to order at 3:55 p.m.
Committee Members Present: Tom LaFountain; David Varner
Other Councilmember's Present: Derek Dieter; Karen White; Ann Puzzello; Timothy
Rouse
Other's Present: Aladean DeRose; Martha Lewis; Bob Matia; Gregg Zientara, Mayor
Stephen Luecke; Tom Price; Jeff Parrott; Frank Perri; Bill Owen; Rami Sadek; Christa
Nayder; Steve Dragovich; Bill Stenz
Agenda: Bill No. 12-08 -Rezone 1302 High Street
Bill No. 57-09 -Rezone 616 N. St. Peter
Bill No. 09-60 -Special Exception - 616 N. St. Peter
Bill No. 13-08 Rezoning 1302 High Street
In Chairperson Kirsits absence, Vice-Chairperson Oliver Davis conducted the hearing.
Councilmember Oliver Davis called upon Christa Nayder for a report from the Area Plan
Commission. She noted the substitute bill approved for consideration reflected a change
in ownership and a revised legal description. Reporting the bill had been favorable
recommended by the Area Plan Commission Christa explained the rezoning request. The
petitioner wants to provide a live entertainment venue office space; arts based retail and
two apartments. Bill Owen of Bosh Design Group representing the petitioner made a
brief presentation of the petitioner's intent. Welcoming the development,
Councilmember LaFountain motioned to recommend favorably. Councilmember Varner
seconded and the bill was voted without dissent.
Bill No. 57-09 -Rezoning 616 N. St. Peter
Bill No. 09-60 -Special Exception 616 N. St. Peter
For purposes of public hearing Vice-Chairperson Oliver Davis allowed Bill Nos. 57-09
and 09-60 to be heard together. Christa Nayder, Staff Planner, Area Plan Commission,
reported that the request was for rezoning from SF2 to MF1 to allow for student rental to
more than 2non-related individuals. The special exception would allow up to 5 non-
related individuals to live in the MF 1 property. Ms. Nayder reported the Area Plan
Commission hearing resulted in an unfavorable recommendation to Council. The Area
Plan Commission's rationale was stated as one in support of returning the block to single
family use. This position is in concert with the Northeast Neighborhood Development
Plan favoring single family use. The Area Plan Commission sent Bill No. 09-60 for the
Special Exception with no recommendation.
Vice-Chairperson Oliver Davis then asked the petitioner to state his case.
Frank Perri a Real Estate Developer and stated friend of the petitioner spoke first. He
said, in effect the desire for single-family use in this block through well-intentioned was
too little, too late. He said the block and neighborhood were already multi-family in
character. In fact two apartment buildings were recently built at the end of the block and
five homes on the block were already legal non-conforming student rentals. To prevent a
rezoning request would be an injustice, even possibly regarded as arbitrary and
capricious.
The petitioner Mr. Dragovich echoed Perri's arguments. He aid a refusal to rezone would
unfairly punish him for trying to do things correctly by the book.
Councilmember Ann Puzzello, District Councilmember in the azea, member of the Area
Plan Commission, and the Near Northeast Neighborhood Group, spoke opposed to the
petition. She restated the Area Plan Commission's opinion against. In addition she
recounted the Near Northeast Neighborhood's opposition to additional student housing as
well as her own efforts as Councilmember to control off-campus student rowdiness. She
asked the Council to support her efforts to draw the line on additional student rentals.
Bill Stenz, resident of the NNE, spoke in opposition to the rezoning also taking Mark
Kramer, a landlord with many student rentals in the area, to task for the operation of
rentals in violation of zoning codes.
Councilmember Karen White cautioned Mr. Stenz about interjecting issues concerning
Kramer properties. Martha Lewis representing the Howard Park Neighborhood
Association spoke opposed to the rezoning. She favored a return to single-family zoning
too.
Councilmember David Varner suggested the bill go to Council with no recommendation.
Councilmember LaFountain seconded Varner's motion and all followed suit.
Before adjournment Councilmember Rouse suggested off-campus student housing was
already a fact of life. He said an overall strategic plan ofoff-campus housing was
needed. After all the $39.8 million dollar economic impact student's have on the city
should be considered as well.
There being no further business to come before the Committee at this time Vice-
Chairperson Oliver Davis adjourned the hearing at 4:56 p.m.
and Annexation Committee
Respectfully Submitted,