City Council Tables Rules On Large Retail Stores
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
Warsaw Plan Commission approved, at its Jan. 14 meeting, submitting a favorable recommendation for the ordinance to the council.
The ordinance defines a large retail sales establishment as a single retail or wholesale user which occupies no less than 65,000 square feet of gross floor area, and offers for sale a wide variety but limited selection of consumer products.[[In-content Ad]]The establishments require high parking-to-building area ratios and may have a regional sales market.
The ordinance also provides nine development plan design standards for all improvements and new construction within a commercial zoning district.
Councilmen Jeff Grose and Charlie Smith were absent during Tuesday's meeting, so the council tabled the ordinance to allow the councilmen to review the ordinance.
The council will again review the ordinance at its Feb. 4 meeting.
City Planner Jeremy Skinner wrote the zoning ordinance for large retail sales establishments with the plan commission's input. The commission has been reviewing and working with Skinner for the past six months on drafting the ordinance.
"The ordinance is a means to better define where large retail sales can be located in Warsaw, and to provide development standards and add integrity to buildings in Warsaw," Skinner said.
Council members reviewed the ordinance for the first time Tuesday and provided input.
Councilman and Plan Commission President Joe Thallemer said he supports the ordinance, but had some concerns with the proposed development plan design standards.
"I think it may be going too far to tell a developer what colors they can or can't use, and I think colors currently in the ordinance as it reads are subjective," Thallemer said.
The proposed ordinance states facade colors must be of low reflectance, subtle, neutral or earth-tone colors. The use of high-intensity, metallic colors, black or fluorescent colors is prohibited. Building trim may feature brighter colors than facade colors, but neon tubing is prohibited.
Thallemer said in a commercial district, a business such as a Hard Rock Cafe has logos and color schemes that would not meet the requirements for the development plan design standards in the proposed ordinance.
Skinner said developers who wanted to keep their signature colors and logos could apply to the Board of Zoning Appeals for a variance from development standards and discuss their intentions with the plan commission.
Thallemer also expressed concern with the development plan design standard that states in the cases where a building faces three of more public streets, at least one customer entrance must be required on no more than two building sides of the structure.
"This requirement may cause safety concerns with having to watch more entrances," Thallemer said.
Councilman George Clemens said he would like more time to review the ordinance.
"I don't want to second guess the plan commission, but I think we need time as a council to review and think about the ordinance," Clemens said.
Dan Robinson, Robinson Construction, said he has done business in Warsaw since 1954 and said there are parts of the ordinance he has concerns with.
"I understand the desired outcome of the ordinance, but I am cautious because the ordinance may add costs to small or new businesses that new businesses may not be able to handle," Robinson said.
Plan Commissioner Rick Keeven said he supports the proposed ordinance as it is written.
"I have developed a tremendous passion for Warsaw and part of the reason is its strength from its industrial base, and I think the zoning ordinance is important because we should set the bar high for our building structures," Keeven said.
The council also approved an ordinance for a residential facility for individuals with a developmental disability or mental illness.
The zoning ordinance states a zoning ordinance must not exclude a residential facility for individuals with a mental illness from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility is not related.
The council also tabled a request from Housing Opportunities of Warsaw for a request for the city to provide $25,000.
Pam Kennedy, HOW executive director, said the funding request is to cover the non-for-profit organization's employee salary, rent, accounting fees, audit fees, Internet, telephone and interest fees.
HOW has secured to date $47,124 in funding for 2008. The cost estimate to fund these items in 2008 is $77,664, Kennedy said.
She said the organization does not currently have the funds to cover the expenses for 2008.
Councilman Kyle Babcock said if the council approved the funding, he worried other organizations might request funding.
"We need to think about our taxpayers and the situation with property taxes going up," Babcock said.
The council will again discuss the funding request at its Feb. 4 meeting.
Warsaw Plan Commission approved, at its Jan. 14 meeting, submitting a favorable recommendation for the ordinance to the council.
The ordinance defines a large retail sales establishment as a single retail or wholesale user which occupies no less than 65,000 square feet of gross floor area, and offers for sale a wide variety but limited selection of consumer products.[[In-content Ad]]The establishments require high parking-to-building area ratios and may have a regional sales market.
The ordinance also provides nine development plan design standards for all improvements and new construction within a commercial zoning district.
Councilmen Jeff Grose and Charlie Smith were absent during Tuesday's meeting, so the council tabled the ordinance to allow the councilmen to review the ordinance.
The council will again review the ordinance at its Feb. 4 meeting.
City Planner Jeremy Skinner wrote the zoning ordinance for large retail sales establishments with the plan commission's input. The commission has been reviewing and working with Skinner for the past six months on drafting the ordinance.
"The ordinance is a means to better define where large retail sales can be located in Warsaw, and to provide development standards and add integrity to buildings in Warsaw," Skinner said.
Council members reviewed the ordinance for the first time Tuesday and provided input.
Councilman and Plan Commission President Joe Thallemer said he supports the ordinance, but had some concerns with the proposed development plan design standards.
"I think it may be going too far to tell a developer what colors they can or can't use, and I think colors currently in the ordinance as it reads are subjective," Thallemer said.
The proposed ordinance states facade colors must be of low reflectance, subtle, neutral or earth-tone colors. The use of high-intensity, metallic colors, black or fluorescent colors is prohibited. Building trim may feature brighter colors than facade colors, but neon tubing is prohibited.
Thallemer said in a commercial district, a business such as a Hard Rock Cafe has logos and color schemes that would not meet the requirements for the development plan design standards in the proposed ordinance.
Skinner said developers who wanted to keep their signature colors and logos could apply to the Board of Zoning Appeals for a variance from development standards and discuss their intentions with the plan commission.
Thallemer also expressed concern with the development plan design standard that states in the cases where a building faces three of more public streets, at least one customer entrance must be required on no more than two building sides of the structure.
"This requirement may cause safety concerns with having to watch more entrances," Thallemer said.
Councilman George Clemens said he would like more time to review the ordinance.
"I don't want to second guess the plan commission, but I think we need time as a council to review and think about the ordinance," Clemens said.
Dan Robinson, Robinson Construction, said he has done business in Warsaw since 1954 and said there are parts of the ordinance he has concerns with.
"I understand the desired outcome of the ordinance, but I am cautious because the ordinance may add costs to small or new businesses that new businesses may not be able to handle," Robinson said.
Plan Commissioner Rick Keeven said he supports the proposed ordinance as it is written.
"I have developed a tremendous passion for Warsaw and part of the reason is its strength from its industrial base, and I think the zoning ordinance is important because we should set the bar high for our building structures," Keeven said.
The council also approved an ordinance for a residential facility for individuals with a developmental disability or mental illness.
The zoning ordinance states a zoning ordinance must not exclude a residential facility for individuals with a mental illness from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility is not related.
The council also tabled a request from Housing Opportunities of Warsaw for a request for the city to provide $25,000.
Pam Kennedy, HOW executive director, said the funding request is to cover the non-for-profit organization's employee salary, rent, accounting fees, audit fees, Internet, telephone and interest fees.
HOW has secured to date $47,124 in funding for 2008. The cost estimate to fund these items in 2008 is $77,664, Kennedy said.
She said the organization does not currently have the funds to cover the expenses for 2008.
Councilman Kyle Babcock said if the council approved the funding, he worried other organizations might request funding.
"We need to think about our taxpayers and the situation with property taxes going up," Babcock said.
The council will again discuss the funding request at its Feb. 4 meeting.
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