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HomeMy WebLinkAbout03-26-12 Zoning & AnnexationZONING AND ANNEXATION COMMITTEE MARCH 26, 2012 Committee Members Present: Oliver Davis, Dr. Fred Ferlic, Dr. David Varner, Gavin Ferlic Citizen Member: Vacant Other Council Present: Tim Scott, Henry Davis, Valerie Schey, Derek Dieter, Karen White Others Present: Kevin Allen, Kathleen Cekanski - Farrand, Bill Schalliol, Catherine Hostetler, Mark Lyons, Mike Divita, Christa Nayder, Mr. Farhan, Wanda Shock, Aaron Perri, Pat Crowley Agenda: Bill No. 07 -12 — Historic Landmark 1922 Portage Bill No. 12 -10 — Special Exception - 1434 Garland Circle Bill No. 12 -21 — Fiscal Plan Alibaba Bill No. 82 -11 - Rezone Alibaba Bill No. 12 -06 — Special Exception — Alibaba With a full committee present and five bills to consider, Chairperson, Oliver Davis began the reviews. First on the agenda was Bill NO. 07 -12, a request to designate a home at 1922 Portage a historic landmark. Catherine Hostetler, Historic Preservation Director, reported to the Committee that the home built in 1928 in the English Cottage style was considered notable. Its original design was almost wholly preserved and was once the home of famed Notre Dame Basketball coach George Keogan. After brief discussion Councilmember Gavin Ferlic motioned the bill proceed with a favorable recommendation. Councilmember Varner seconded and all approved. Next on the agenda was Bill No. 12 -10 which was a request for a special exception for a home located at 1434 Garland Circle. This bill had been continued from the March 12, 2012 meeting to allow the petitioner additional time to justify the request. The special exception requested would allow an adult care foster home to operate in a single - family district. Mark Lyons noted the BZA hearing resulted in no recommendation. Ultimately the committee forwarded the bill with an unfavorable recommendation on motions by Varner and Dr. Ferlic. Two primary reasons to reject prevailed. The first was the fact that this was an "after the fact" request as the foster care was already operating albeit illegally. Second was the fact that special exceptions run with the land once granted and would therefore open the door to a myriad of uses beyond the original request. Bill No. 12 -21, Bill No. 82 -11 and Bill No. 12 -06 all related to the establishment of a pool hall along S.R. 23 just northeast of a commercial area but abutting a single family residential area. These proposals stirred considerable controversy. First, Bill No. 12 -21 would allow the annexation to the city of this property just outside the city limits. Mike Divita of Community & Economic Development outlined the annexation process and explained how the fiscal plan for the provision of services met statutory requirements. Divita provided a handout summarizing the procedure. Bill No. 82 -11 a request to rezone the property was next. Christa Nayder reported that the Area Plan Commission supported the rezone once parking requirements were met. Wanda Shock a nearby neighborhood activist spoke in opposition. The Council, not wanting to discourage annexation or business investment ended up forwarding these two bills favorably based in the both cases on motions by Gavin Ferlic seconded by Dr. Ferlic. Nonetheless, in that much opposition as to the nature of the proposed business and the resultant possible uses the zoning and special exception being sought in Bill No. 12 -06 would allow the entire proposal fell apart when Councilmember Gavin Ferlic and Dr. Ferlic both motioned for an unfavorable recommendation. Conservations about the need to review the zoning ordinance to allow the development of an overall plan for growth in the city followed. Councilmember's Henry Davis, Oliver Davis and Karen White all spoke to the need for a clear, equitable, strategy that would encourage and investment. There being no further business to come before the Committee at this time, Chairperson Oliver Davis adjourned the meeting at 4:24 p.m.