HomeMy WebLinkAbout11-26-12 Zoning & Annexation ZONING&ANNEXATION NOVEMBER 26,2012
Committee Members Present: Oliver Davis, Dr. Fred Ferlic, Dr. David Varner,
Gavin Ferlic
Other Council Present: Tim Scott, Henry Davis,Val Schey, Karen White,
Derek Dieter
Others Present: Mike Danch, Tony Zappia, Sharon Wells,
Wendell Johnson, Mike Schmuhl, Mayor Pete
Buttigieg, 15 other interested parties
Agenda: Bill No. 38-12—Rezone/Special Exception 3529/3527 Western Av.
Committee Chairperson Oliver Davis in the interests of staying on schedule while
assuring a four hearing of the bill asked the presenters to appoint one spokesperson to
present the petition and answer questions. Under the public portion one spokesperson for
and one against could state their case. Any and all others on either side of the issue could
speak at the evening full Council hearing. It should be noted this Bill No. 38-12, has
stirred much controversy in the surrounding neighborhood stirring emotions both for and
against. An extended hearing of the bill was conducted at a previous Council meeting
which prompted a special neighborhood meeting to air concerns and build consensus.
Oliver Davis asked Christa Nayder from Area Plan to report on the results of the APC
Hearing on the bill. She reported that both the petition to rezone and the request for a
special exception received a favorable recommendation with both sides evidenced.
Mr. Davis turned to Mike Danch, the designated presenter to explain the original purpose
and intent of the petition as well as changes or accommodations made by the petitioner
since the Council and neighborhood meetings. The original purpose and intent of the
petition as well as changes or accommodations made by the petitioner since the Council
and neighborhood meetings. The original request would change zoning and grant
permission to expand and add two gas pumps to an already legally operating mini-mart.
The owner claims to want to invest$700-800 thousand dollars in the facility if the bill is
approved. If not, the business will continue to operate"as is." Mr. Danch, once having
explained the purpose and intent, offered a letter from the owner listing 11 commitments
he was willing to make and if the petition was granted could legally be held to. The
commitments it was said by Mr. Danch accommodated concerns raised by nearby
residents at earlier meetings. Mr. Danch also said the 11 items promised would be null
and void if the measure was rejected.
Mr. Davis then allowed fellow Councilmembers brief questions. Gavin Ferlic, Karen
White, and Tim Scott each had questions about the promised security and abatement of
illegal activities around the business. This prompted Mr. Danch to say business hours
would be limited to 9:00 a.m. until 11:00 p.m. daily. During those hours security would
hire for 20 hours a week.
Allowing one spokesperson for or against in the public portion, Oliver recognized Sharon
Wells who spoke to the good character of the owner and pointed out his willingness to
invest considerable dollars in an area of boarded businesses. Wendell Johnson spoke
opposed stating the neighborhood was looking for more wholesome growth. He also
questioned the veracity of the business plan. Mr. Johnson then submitted a petition
listing those signing against the mini-mart.
Ultimately with no rapprochement reached Councilmember Varner moved the committee
send the bill to full Council without recommendation. All agreed after Dr. Ferlic's
second.
There being no further business to come before the Council at this time, Chairperson
Oliver Davis adjo ed the meeting at 5:14 p.m.
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Zoning &Anne, afo f ommittee