07-08-13 Zoning & Annexation - Laserfiche WebLink

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ZONING 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.