11-26-12 Zoning & Annexation - Laserfiche WebLink

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ZONING&ANNEXATION NOVEMBER 26,2012 Committee Members Present: Oliver Davis, Dr. Fred Ferlic, Dr. David Varner, Gavin Ferlic Other Council Present: Tim Scott, Henry Davis,Val Schey, Karen White, Derek Dieter Others Present: Mike Danch, Tony Zappia, Sharon Wells, Wendell Johnson, Mike Schmuhl, Mayor Pete Buttigieg, 15 other interested parties Agenda: Bill No. 38-12—Rezone/Special Exception 3529/3527 Western Av. Committee Chairperson Oliver Davis in the interests of staying on schedule while assuring a four hearing of the bill asked the presenters to appoint one spokesperson to present the petition and answer questions. Under the public portion one spokesperson for and one against could state their case. Any and all others on either side of the issue could speak at the evening full Council hearing. It should be noted this Bill No. 38-12, has stirred much controversy in the surrounding neighborhood stirring emotions both for and against. An extended hearing of the bill was conducted at a previous Council meeting which prompted a special neighborhood meeting to air concerns and build consensus. Oliver Davis asked Christa Nayder from Area Plan to report on the results of the APC Hearing on the bill. She reported that both the petition to rezone and the request for a special exception received a favorable recommendation with both sides evidenced. Mr. Davis turned to Mike Danch, the designated presenter to explain the original purpose and intent of the petition as well as changes or accommodations made by the petitioner since the Council and neighborhood meetings. The original purpose and intent of the petition as well as changes or accommodations made by the petitioner since the Council and neighborhood meetings. The original request would change zoning and grant permission to expand and add two gas pumps to an already legally operating mini-mart. The owner claims to want to invest$700-800 thousand dollars in the facility if the bill is approved. If not, the business will continue to operate"as is." Mr. Danch, once having explained the purpose and intent, offered a letter from the owner listing 11 commitments he was willing to make and if the petition was granted could legally be held to. The commitments it was said by Mr. Danch accommodated concerns raised by nearby residents at earlier meetings. Mr. Danch also said the 11 items promised would be null and void if the measure was rejected. Mr. Davis then allowed fellow Councilmembers brief questions. Gavin Ferlic, Karen White, and Tim Scott each had questions about the promised security and abatement of illegal activities around the business. This prompted Mr. Danch to say business hours