HomeMy WebLinkAbout07-08-13 Zoning & AnnexationZONING AND ANNEXATION
3:55 P.M.
JULY 8, 2013
Committee Members Present: Dr. Fred Ferlic, Oliver Davis, Henry Davis, Jr., Gavin Ferlic
Citizen Members: Kyle Chamberlin
Other Council Present: Tim Scott, Dr David Varner, Karen White, Derek Dieter
Others Present: Kathryn Roos, Erin Blasko, Jitin Cain, Christa Nayder, Scott Ford, Mike Divita,
Mike Danch, Mike Mecham, Gail Brodie, Wendel Johnson, Carina Clendenon, Kathleen
Cekanski - Farrand, John Voorde
Agenda: Bill No. 16 -13 — Zoning /Special Exception 3529 -3527 Western Ave.
Bill No. 11 -13 Zoning Special Exception 3801 Western
Zoning & Annexation Committee Chairperson Dr. Fred Ferlic with full Committee present called
the meeting to order at 3:55 scheduled time. Two combination rezoning /special exception
requests were on the agenda.
Bill NO. 16 -13 a request to rezone from MU to LB with an exception for gas pumps would allow a
convenience store with gas pumps at the corner of Western Avenue and Kenmore. The ' /< acre
property currently has a small convenience store and a vacant home.
Christa Nayder reported that the Area Plan Commission had ruled favorably with some
development commitments. (APC results on file in the Office of the City Clerk)
Mike Danch, representing the developer, made the presentation. He said the developer was
making a $500 -600 thousand dollar investment in the property. In addition to accepting the APC
restrictions the developer had agreed to five commitments which Danch distributed to the
Committee (a copy is on file in the Office of the City Clerk) He said these commitments were the
result of accommodating neighbors concerns. In addition, pending the expected cooperation of
the owner to the north the owner would petition for a vacation of the alley north of the property to
eliminate possible increased "cut though" traffic.
During the Council Q & A portion Dr. David Varner asked and was assured that special
exceptions run with the property outliving any transfer of ownership.
In the public comment section, no one was present to speak in favor.
Speaking in opposition was Wendel Johnson, 405 Falcon Street. He said he was representing
LaSalle Park Neighborhood Organization. Mr. Johnson said while investment was needed along
Western Avenue, another convenience store /gas station was not preferred. He spoke to the
need to raise community standards seeing this proposal as counter productive.
Mike Divita representing the City's Department of Community Investment said the City will not
endorse another auto related use along Western Avenue.
In his rebuttal Mike Danch said the proposal of investing half a million dollars with the extensive
commitments was certainly not to be considered a negative.
Ultimately Gavin Ferlic motioned the bill go to full Council with no recommendation. Oliver Davis
offered a second and it was supported by all.
The second agenda item was Bill No. 11 -13, a rezoning /special exception for 3801 W. Western
Avenue. This request would allow the expansion of an already existing used car lot. The request
for special exception involves setbacks, fencing and landscaping. The site plan and
specifications are on file in the Office of the City Clerk.
Christa Nayder, from the Area Plan Commission, reported a favorable recommendation to
Council with commitments evidenced in the new site plan.
Carina Clendenon speaking for the petitioner made the presentation. She said the petitioner
solicited support from the neighbors going door to door.
Councilmember Henry Davis, Jr., wondered why he was not contacted personally suggesting he
was circumvented.
Ms. Clendenon said a meeting was held with Mr. Johnson from LaSalle Park Neighborhood
Association and Mike Divita representing the Community Investment Department of the City. At
this meeting it was determined that because the business already exists and because there are
commitments to landscape and fence, the City would not oppose the petition.
Kathleen Cekanski - Farrand interjected that the Council needs a cop of the new site plan and a list
of commitments.
Councilmember Karen White said the new proposal should be presented to the neighborhood
organization. Oliver Davis said the Council should be notified of such a meeting.
On a motion by Gavin Ferlic, seconded by Oliver Davis the bill was continued until July 22, 2013,
with the support of all.
There being no further business to come be for the committee at this time, Chairperson Dr. Fred
Ferlic, adjourned the meeting at 4:31 p.m.
Respectfully Submitted,
Dr. Fred Ferlic, Chairperson
Zoning & Annexation Committee