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HomeMy WebLinkAbout07-22-13 Zoning & AnnexationZONING & ANNEXATION JULY 22, 2013 3:30 P.M. Committee Members Present: Dr. Fred Ferlic, Oliver Davis, Henry Davis (3:28), Gavin Ferlic (Excused Absence) Citizen Members: Kyle Chamberlin Marcus Ellison (unexcused absence) Other Council Members Present: Tim Scott, Valerie Schey, Dr. David Varner (Excused Absence), Karen White, Derek Dieter Others Present: Mike Divita, Mike Danch, Christa Nayder, Larry Magliozzi, John Byorni, Jitin Cain, Erin Blasko, Kathryn Roos, John Phair, Chris Fielding Agenda: Bill No. 16 -13 Rezone — Special Exception 3527/3529 Western Avenue Bill No. I 1 -13 Rezone — Special Exception 3801 Western Avenue Bill No. 26 -13 Amend PUD Update — Text Amendments Chapter 21 — APC Beginning promptly at the 3:30 scheduled time for his Zoning & Annexation Committee, Chairperson Dr. Fred Ferlic noted three numbers present constituting a quorum. Bill No. 16 -13, a request to re -zone and provide special exceptions to property at 3527 and 3529 W. Western Av. Was first on the agenda. At Dr. Ferlic's request Christa Nayder reported a favorable recommendation from the Area Plan Commission. Representing the petitioner, Mike Danch reported that the petitioners had met with the neighborhood organization as requested by the Council hoping to win their favor. Unfortunately for the petitioner some, residents were still opposed to a convenience store with two gas pumps. Mike said even though the petitioner was willing to submit eight commitments regarding hours of operation, security, and goods sold among the eight, the residents were intractable in their opposition. Danch also reminded the Council that the commitments run with the land. In the Council portion Valerie Schey reported that "calls for service" from the SBPD had gone down over the past few years. Derek Dieter asked who and how the commitments would be enforced. Karen White asked how the Community Investment Department felt. Representing them. Mike Divita, said the City was opposed. Oliver Davis proposed a staging of operations; but Mike Danch said that would add to the expense and left two much in question. Henry Davis wondered if the City had attempted to work with the owner toward relocation. While needing investment and job creation, Henry said CI had again dropped the ball missing a plan of development for the corridor. Dr. Fred Ferlic asked if the City had a place? Jitin Cain, form Cl, said a plan was taking form. In the public portion, Herbert Miller said he supports the mini -mart, claiming the neighborhood organization doesn't speak for everyone. At that juncture Oliver Davis motioned for no recommendation to full Council. Kyle Chamberlin seconded and all agreed. The next item, a bill to rezone and provide special exceptions fora car sales lot at 3801 W. Western. Dr. Ferlic called upon Christa Nayder who reported a favorable recommendation from Area Plan. Kimberly Clendenin, representing the petitioner provided a new site plant (A copy is on file in the Office of the City Clerk.) In the Council portion Henry Davis spoke in support of the bill citing increases in taxes and jobs. After brief discussion. Oliver Davis moved to amend the bill by the addition of the new site plan. Henry Davis seconded and all affirmed. For favorable recommendation Henry motioned. Oliver seconded and all agreed. Bill No. 26 -13 the next agenda item, was a change in the Planned Unit Development (PUD) language. Proposed and presented by the Community Investment Department, it was said to be a boom to development making the development process smoother. The bill gained an endorsement from John Phair of Holladay Properties. Henry Davis suggested a separate time to have a thorough PUD workshop. Ultimately Kyle Chamberlin motioned. Oliver Davis seconded a favorable recommendation to full Council. All affirmed. Larry Magliozzi from Area Plan Commission wanted the Council to consider five text changes in the zoning ordinance to reflect "real world" changes since the texts were revised over ten years before. He however, deferred in the interests of time. There being no further business to come before the Committee at this time, Chairperson Dr. Fred Ferlic adjourned the meeting at 4:16 p.m. Respectfully Submitted, i Dr. Fred Ferlic, Chairperson Zoning & Annexation Committee