A service station and mini-strip mall appear to be on their way to the south side of downtown Fort Wayne after City Council approved the rezoning of about two acres at 3230 Fairfield Ave.
Council twice voted, 6-2 and 7-1, on three rezoning requests by the City Plan Commission. C&J Fairfield Inc. wants to tear down the front half of the vacant George's Express Market and invest $1.5 million to convert it to four tenant spaces, including a convenience store and a service station.
Architect Phil Troyer told the Plan Commission in a September public hearing that old parking spaces will be converted into landscaping and a 14-foot water-retention area, because flooding has been a problem in the past. Additional front and side landscaping will be added. The service station's lighting would be designed to limit light pollution on the residential neighborhood.
Councilman Tom Didier, R-3rd, said he was impressed with the design and layout. Councilman Glynn Hines, D-6th, said his decision to vote for the rezoning was swayed because most residents and neighborhood associations he talked to were for development. He was also impressed with concessions made by the developer.
C&J Fairfield agreed that the property's owners were not allowed to use tenant spaces for a liquor store, check cashing, tobacco shop, tattoo parlor or “other business they feel don't attribute to the health of the neighborhood.”
Council's discussion got hung up on the service station's hours of operation. Several neighborhood associations and residents expressed concern that light and noise would pollute the community, but the Plan Commission does not have direct control over issues such as hours of operation and no agreement was written into the rezoning ordinance.
Councilman Tim Pape, D-5th, motioned to table a vote until the Plan Commission and developer came back with an agreement on hours, or the developer submitted a restrictive covenant that agreed to open and close by certain times. Coucilman John Shoaff, D-at large, seconded the motion. Under the former option, the entire process of a public hearing, legal fees and the like would have to be rehashed. Under the latter, only a designated neighborhood association could enforce the restrictive covenant, meaning it would have to independently attain funds and resources should the covenant be breached.
Other council members didn't agree with Pape or Shoaff.
Councilwoman Liz Brown, R-at large, said it was outside council's authority to police local business activities.
Shoaff voted for one zone because it “did no harm” but against the other two. Pape voted against all three.
