10-22-12 Zoning & Annexation Committee

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ZONING&ANNEXATION COMMITTEE OCTOBER 22, 2012 5:27 P.M. Committee Members Present: Oliver Davis, Dr. Fred Ferlic, Dr. David Varner, Gavin Ferlic Other Council Present: Tim Scott, Henry Davis, Valerie Schey, Derek Dieter, Karen White Other Present: Kevin Allen, Catherine Hostetler, Jim Masters, Christa Nayder, Tony Zappia, Mike Danch, Wendell Johnson, Harjinder Singh, Herbert Miller, Gayle Broden, Mark Lyons, Kathleen Cekanski- Farrand, Bob Masters Agenda: Bill No. 38-12-Rezone/Special Exception 3527 Western Avenue Bill No. 35-12—Avon Theater Bill No. 12-70— Special Exception 1441 N. Michigan The first agenda item, Bill No. 38-12, is a petition to rezone and ask for a special exception to allow a gas station/convenience store at 3529-3527 Western Avenue. Consideration began with a presentation from Christa Nayder of the Area Plan Commission Staff who provided a brief summary of the Area Plan Commission review and disposition. She reported that the APC sent the petition to the Council with a favorable recommendation. Following Christa, Tony Zappia, an attorney representing the petitioner outlined his client's intent. During the public portion that followed several residents nearby the proposed convenience store voiced opposition. This prompted Councilmembers Henry Davis, Jr. and Oliver Davis to voice reservations about the proposal. With no apparent consensus either for or against, Valerie Schey motioned the bill go to Council with no recommendation. Tim Scott seconded. All agreed. The next Bill No. 35-12 was initiated by the Historic Preservation Commission asking the Council to declare the old Avon Theater a historic landmark to forestall the library's plan to demolish the building. The public library purchased the Avon and other properties on the block the main library occupies so they could proceed with demolition and expansion of their facilities. The library's plans and purchases were made public five years ago. At that time and since then these buildings had been vacant and boarded for years. In the months leading up to this request by HP, the library reached an agreement with HP to preserve the ceramic facade of the structure at their own cost for future re-use. Though the HP Director had agreed to this plan,the HP Board did not prompting this request to roadblock any further action by the library. Representatives of both the library and the HP argued their positions and answered Council questions. Ultimately Gavin Ferlic motioned the bill be forwarded with no recommendation. Dr. David Varner seconded and all agreed.