05-24-76 Council Meeting Minutes

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REGULAR MEETING MAY 24, 1976 COMMITTEE OF THE WHOLE MEETING (CONTINUED) Indiana Code Section 18- 7 -4 -50 requires the Council to act upon a recommendation of the Area Plan Commission within sixty (60) days from date of certification by the Commission Secretary. The recommendation here was certified on April 21, 1976. Action by Council is basically that of adoption, rejecting, or tabling. It should be further noted that State law requires that if the ordinance is rejected or amended it is then returned to the Area Plan Commission for its consideration with a written statement of the reasons for its rejection or amendments. The Commission then has 45 days in which to consider the rejection or amendment and report back to the Council. Another 60 day period begins anew at that time. It should also be noted that the one year penalty period imposed upon refiling of an ordinan which has been rejected has been deleted from our Municipal Code. It you have any questions regarding this memorandum or any information in it, I will be-- pleased to respond. Respectfully submitted, /s/ Kathleen E. Cekanski Attorney at Law Council Member Adams asked Ms. Cekanski if she asked Mr. Guarina if it was necessary to rezone before the filing of a formal application. Ms. Cekanski said she had, and rezoning would not be necessary before filing an application. Council Member Taylor asked if this property is rezoned, what would happen to the Linebacker Inn. Mr. Pietzak indicated it would be torn down. Council Member Kopczynski questioned Mr. Manier as to what use this land should be put to, if it was not rezoned commercial. Mr. Manier indicated that they would like it to be recreational. Council Member Kopczynski asked what percentage of the land was commercial. Mr. Manier indicated this was an 80 acre lot and about one -half an acre was being used commercially. Council Member Dombrowski indicated that 792 acres was not taxable. Council Member Adams indicated that she had talked with Mr. Johnson, of Area Plan, re- garding amending the petition.to "E" height. Mr. Johnson said that "G" height was 150' or 12 stories, and "E" height was a structure not to exceed 40' or 3 stories. He said that by amending the petition to read "E" it would eliminate some of the fears of the building being taller than proposed. Council Member Adams asked if 271 parking spaces was adequate. Mr. Johnson indicated it was withi the requirements, and he was not sure if the City could ask the developers to provide more spaces. Council Member Miller said he thought theCouncil would work hard to get the traffic light. He said the Council wanted this project to conform to the site plan, and any change -from what has been discussed at this meeting would be a substantial change as far as the Council is concerned. He said the protection of the neighborhood was an important consideration in all Council actions. He said that quality development does not affect the value of the neighborhood. He said the Coun supports this type of development. Council Member Miller made a motion that the ordinance be recommended favorably to the Council, seconded by Council Member Taylor. Council President Parent said the City Council has a responsibility to make decisions that are in the best interest of the City at the present and in the future. He indicated the City needs com- mercial development because of the tax revenue derived, but the residential areas are an important part of the City. He said the number one priority was to keep the people in the City. He said he has always wondered why commercial developers want to drive out residential areas.. He said if the Council all lived in that neighborhood, they would not be voting for this. Council PresidE Parent made a motion to amend the ordinance as follows; Section I. Delete "G" and add "E" height and area. Section II. Delete present section and add: The final site plan shall incorporate the following, Signalization and channelization of traffic at the intersections of North Twyckenhz Drive with State Road #23 and Edison Road must be provided at the expense of the developer, and all funds for this purpose must be placed in an escrow account prior to the start of construction work at the site. All outdoor lighting at the site must be directed entirely away from the South Bend Avenue -- Wooded Estates residential area. All signs signifying, identifying.or advertising the Motor Inn and /or related interests and activities must be of a size and nature compatible with a residential area and must be positioned on.Edison Road out of vision of South Bend Avenue and Wooded Estates. No curb cuts are permitted on South Bend Avenue or on the northward extension of Twyckenham Drive. No fewer than 311 parking spaces must be provided on site. Clear vision areas must be provided at the intersections of Twyckenham Drive with State Road #23 and Edison Road. The parking facility facing South Bend Avenue and the new extension of North Twyckenham Drive must be screened with a good quality.wooden fence no less than four feet in height, and with a 6' to 8' visual screen of densely planted compact hedge, fronted with a good quality flowering bushes, or other comparable planting. The required dedication and construction of North Twyckenham Drive, to be done at developer's expense, must be in conformity to normal design speeds and stan- dard street widths as projected for North Twyckenham Drive southward from State Road #23. Section III. Delete present section and add the following: This amendment to Chapter 40 of the Municipal Code is subject to the specific stipulation andprovision that in the event the petitioner or any successor to his interest in the subject property should utilize the subject property for any pur- pose or in any manner other than that specified in the final site plan as approved by the Area Plan Commission, the zoning of the subject property shall automatically revert to the classifica- tion in effect prior to.the passage of this ordinance, namely A Residential and A height and area. Section IV. Insert and add old section II. Section V. Insert and add old section III. Council President Parent indicated that some of the amendments were recommended by Area Plan, and others were not unfamiliar because they had been discussed. The only new one was the construction of the signalization. Council Member Kopczynski seconded the motion. The motion was defeated by a roll call vote of six nays (Council Members Serge, Szymkowiak, Miller, Taylor, Dombrowski and Horvath) and three ayes (Council Members Kopczynski, Adams and Parent).