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HomeMy WebLinkAbout01-28-02 Zoning & Annexation tommittr *port: Zoning anb annexation (tommitt* The January 28, 2002 meeting of the Zoning and Annexation Committee was called to order by the Committee Chairperson Council Member Karen White at 4:00 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Varner, Aranowski, Coleman, King, White, Kelly, Ujdak, and Pfeifer; George Adler, Assistant Zoning Administrator Catherine M. Brucker, Mr. Majeski,Area Plan Assistant Director John Byorni, Mark Miller, Planner Jeff Myers, Michael Danch, Terry Bland of the $)otttb 43ettb tribune, and Kathleen Cekanski-Farrand, Council Attorney. Council Member White noted that the first item on the agenda was to review Bill No. 115-01 which is a request to rezone the property located at 1615 Portage Avenue. Jeff Myers then reviewed the report form the Area Plan Commission which noted that the matter n before the Area Plan Commission on December 18, 2001 and sends the Bill to had public hearing be e , P g the Common Council with a favorable recommendation. Mr. Michael J. Danch, president of Danch, Hamer & Associates then made the presentation and provided copies of the preliminary site plan for the project (copy attached). The petitioners are requesting a zone change from "C-1" Commercial, "A" Height and Area to"C" Commercial, "A" Height and Area to allow a video sales and rental facility. The current structure at the site would be torn down and a Family Video Store with surround-type windows would be built. The Petitioner has met with many neighbors and neighborhood groups and have attempted to address all of their major concerns such as lighting, not having an outside telephone or outside pop machines, and would move the sidewalk. Mark Miller,the broker involved with the sale of the ro rt then spoke in favor of the rezoning. p l� Y Council Member White then filed a letter dated January 27, 2002, from Marilynn Maternowski voicing her opposition to the proposed rezoning(copy attached). Council Member Aranowski noted that the proposed development would be located in his Councilmanic District. He noted that there have been several attempts to use the property as a bank, however without success. The proposed project would be new investment in the area which he believes would compliment Martins. He noted that he and Council Member Coleman met with many neighbors at various neighborhood meetings and believes that the Petitioner has addressed the concerns raised at those meetings. ! 1�I, Council Member Coleman inquired about signage. Mr. Danch noted that signs would be substantially smaller than those previously used at the site. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner that Bill No. 115-01 be recommended favorably to Council. The motion passed. Council Member White then called for a presentation on Bill No. 116-01 which is a rezoning request for the property located at 2104 Mishawaka Avenue. Jeff Myers then reviewed the report form the Area Plan Commission which noted that the matter Zoning and Annexation Committee January 28, 2002 Page 2 had public hearing before the Area Plan Commission on December 18, 2001 and sends the Bill to the Common Council with a favorable recommendation. Mr. Michael J. Danch, president of Danch, Harner & Associates then made the presentation and • provided copies of the preliminary site plan for the project (copy attached). The petitioners are requesting a zone change from "B" Residential, "A" Height and Area to "C" Commercial, "A" Height and Area to allow a management office and a single-family residential use. Mr. Danch further noted that the petitioner was also seeking a special exception in order to permit the continuation of a residential dwelling unit within a"C"commercial zoning district classification. Assistant Zoning Administrator Catherine M. Brucker then provided the report from the Board of Zoning Appeals. She noted that the Board of Zoning Appeals held a public hearing on the request I'I on December 20, 2001 sends this with "no recommendation" (report attached), noting that there may be some traffic concerns. The Council Attorney noted that the Committee could hear Bill No. 02-1 which deals with the special exception request in conjunction with Bill No. 116-01. Council Member Coleman voiced concern that the documents provided depicted the smallest aerial and hoped that future documentation would be enhanced. In a response to Council Member Coleman, Mr. Danch stated that the existing garage would be converted and that a breezeway would be built to connect it to the house pursuant to Code. Dr. Varner inquired about the partially vacated alley and whether there was a curb cut present. Mr. Danch noted that he was working with the Engineering Department on that issue. Mr. Myers stated that the curb cut does not exist. Mr. Danch noted that they are attempting to keep all vehicles off the streets and that the petitioner has one(1) employee. Following discussion, Council Member Coleman made a motion,seconded by Dr. Varner that Bill Nos. 116-01 and 02-1 be recommended favorably to Council. The motion passed. Under unfinished business, Council Member White inquired about the regulations governing the location of cell towers. She inquired if notification was required since a tower is in the process of going up on Western. Council Member noted that such companies need to be good neighbors and that notice should be given before installation begins. Council Member King noted that as long as the property in question is zoned commercial, that there is nothing which the Council can do and that installation is proper under the current zoning code. Council Member King further noted that at the next Executive Session of the Area Plan Commission cell tower procedures will be on the agenda for discussion. Catherine M. Brucker stated that a draft is being developed in the Building Department which may address requiring a certain distance of such towers from residential areas. Council Member King voiced concern that he had not received a copy of the draft. He further noted that the entire zoning code would be reviewed this year. Zoning and Annexation Committee January 28, 2002 Page 3 Council Member Pfeifer suggested that any new regulations also look into environmental pollution noting that she has read a lot about the potential health effects resulting from electrical wires and cell towers. Council Member Pfeifer stated that such businesses need to be friendly with the surrounding neighborhood and urge the Council to keep this concern in mind when reviewing any Code revisions. Dr. Varner suggested that the City also check with MACOG since many communities require cell tower locations to first exhaust governmental sites, be located on tops of commercial buildings and clustering. Council Member King noted that many of the concerns have been created since many of the towers where installed on a speculative basis. II There being no further business to come before the Committee, Council Member White adjourned the meeting at 4:25 p.m. Respectfully submitted, Council Member Karen L. White,Chairperson Zoning and Annexation Committee KCF:kmf Attachments