HomeMy WebLinkAbout07-28-14 Zoning and AnnexationZONING & ANNEXATION JULY 28 2014 3.30 P.M.
Committee Members Present: Tim Scott, Derek Dieter, Henry Davis (AB), Gavin Ferlic
Citizen Members Present: Vacant
Other Council Present: Valerie Schey, Dr. Fred Ferlic, Dr. David Varner, Karen White,
Oliver Davis
Others Present: Jack Smith, Christa Hill, Mike Danch, Larry Magliozzi, Jitin Kain,
Mike Divita, Kathryn Roos, Sam Amoure, Brad Moseness
Agenda: Bill 14 -72 Fiscal plan for Deldora Annexation
Bill 33 -14 Amend Zoning for Deldora
Bill 14 -63 Special Exception for 1119 Lincoln Way West
Three bills were scheduled for review by the Zoning and Annexation Committee Chaired by Tim Scott.
The first was a fiscal plan for the voluntary annexation of an area in Penn Township called the Deldora
Area.
Mike Divita from the Community Investment Department explained that the approximately 20 acre
parcel if annexed would cause no additional initial expense or undue burden on the part of City
departments to extend services to the area. He added that all public improvements were to be done at
the expense of the developer. He also estimated an additional nearly $350,000 in revenue from the
area over a subsequent 5 year period. Brad Moseness from Abonmarche, the developer was present to
answer questions. Derek Dieter asked if the development was residential or commercial. The answer
was commercial.
After other explanatory responses to Council questions Derek moved the bill get a favorable
recommendation to Council. Gavin Ferlic seconded and all affirmed. Bill 14 -72 was forwarded
favorably.
The next bill 33 -14, also addressed the Deldora Area, this bill for the proposed zoning.
Christa Hill, from the Area Plan Commission (APC) staff reported that the APC hearing resulted in an
unfavorable recommendation to Council. However since then the developer has met with APC staff and
all objections have been met by the developer. The APC now approves the petition given written
commitments to restrict certain uses of the five separate parcels on the 20 acre site.
Oliver Davis, the Council's representative on the Area Plan Commission (APC) confirmed the APC was
now in approval of the revised petition.
No one from the public offered any objections.
Ultimately on motions from Derek Dieter and Gavin Ferlic supported by all amended bill 33 -14 was sent
to Council favorably.
Bill 14 -63 was the final bill scheduled for review. It was a petition to allow a convenience store at 1119
Lincoln Way West, with gas pumps.
Mark Lyons from the Building Department reported that the Board of Zoning Appeals had voted 5 -0 to
favor the petition.
Mike Danch, representing the petitioner explained the particulars including the need for a special
exception for the gas pumps.
During the Council portion, Derek Dieter asked if the petitioner had met with any Neighborhood groups.
The answer from Danch was no.
Karen White had a volley of questions. She asked if complaints received from residents near a similar
business owned by the petitioner were addressed. The petitioner said this was a management issue
that had since been resolved. She added that nearby residents needed a comfort level, now absent,
with this proposal.
Tim Scott, Councilman representing this area, said the neighborhood organization here opposed the
store.
In response to Oliver Davis, the petitioner said there would be no liquor sales and hours of operation
would be restricted.
During public comment, Linda Wolfson said Lincoln Way West needs improvement; but not a
convenience store.
Jitin Cain from the Community Investment Department said a store of this type did not fit into the
Lincoln Way West corridor plan developed with the neighborhood. He said a convenience store would
compromise residential investment in the area.
After further back and forth Derek Dieter made a motion the bill go to Council unfavorably. Gavin Ferlic
offered a second and all affirmed.
Tim Scott adjourned the meeting at 4:04 P.M
Respectful) S ,
Tim Scott, Chairperson
Zoning & Annexation Committee