3A Public Hearing 2007 0319 - Laserfiche WebLink

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Draft Excerpt of February 22, 2007 Planning Commission Meeting Page 50f6 neighbors would have been here. And the church would not have to go through process after process after process, while they are paying $35,000 a month and cannot occupy the property. Chair Perras invited others from the audience to speak. Robert Battinich, 2014 Evergreen Avenue, said that he owns various properties throughout the City, about 13 acres, several commercial. Most business people are busy with their businesses, he noted, trying to make a living. As for the $35,000 a month that the church is paying, he said that was a choice they made when they purchased the property. Instead, they might have purchased the property on condition that it could be rezoned. He said his big question is whether it is morally right and correct to circumvent other people's rights and other businesses' rights, doing industrial work in an industrial area. Why, he asked, should zoning laws change to accommodate the church's needs? While Mr. Battinich said that he has nothing against the church, he does oppose what he considers the church's use of force against business, because each member of the congregation represents a voice. He considers this unfair to the other organizations. Commissioner Wohltmann asked whether Mr. Battinich was making a general philosophical point or ifhe was taking issue with the specific issue of Faith Fellowship Church. Mr. Battinich said he is concerned that the church purchased the property without knowing whether they could use it. He said they could have made different choices. Jeff McGallian, 13885 Tahiti Road, noted that the delays in the process created the problem, because everything seemed it would flow in a timely, expeditious manner. The church did not buy the property to force the issue; rather they understood that the system and procedures would take much less time. Mr. McGallian also noted that problems that Faith Fellowship is having in its current location, primarily in parking. He said the desire is to streamline the process so that the delay does not continue, because the church's relocation plan is a positive reinforcement to the City, and does not detract from the community and its efforts to bring cohesiveness among church, community, and residents. He said that the proposed site is a perfect area, and that the church is trying to work within the confines of the community to make this a conducive situation. Mr. McGallian urged the Commission to review this with a mind to streamlining the process. Commissioner Dlugosh asked what the Commission is supposed to be making a decision about - the Faith Fellowship Church or the ordinance as presented. Secretary Pollart explained that the only proposal before the Commission concerns the zoning text and map amendments for the AU overlay. Staff has advised Faith Fellowship, based on advice from the City Attorney's office, that zoning code amendments need to be accomplished first, going through the Planning Commission and the City Council. Then, assuming City Council approval, staff would ask Faith Fellowship to revise their application, modified to be included in the overlay, and bring that back to the Planning Commission. Mr. McGallian added that the whole idea was to streamline the process. They just wanted the procedure to go forward in a timely manner, and not delay as it did for the first nine months. Commissioner Collier asked about the timeframe. If the Planning Commission approves the overlay proposal and sends it to City Council, when will it go to City Council and how long will it take them? Will it be months, a year?