HomeMy WebLinkAbout09-13-10 Zoning & Annexation Committee7
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~~pA- }ZONING & ANNEXATION COMMITTEE
September 13, 2010
The September 13, 2010 meeting of the Zoning and Annexation Committee of the South Bend
Common Council was called to order by its Chairperson Council Member AI "Buddy" Kirsits at
4:05 p.m., in the Informal Meeting Room, 4th Floor County-City Building, 227 W. Jefferson Blvd.,
South Bend, Indiana
Committee Members Present: AI Kirsits, Tom LaFountain, Oliver Davis, David Varner
Other Council Present: Derek Dieter, Ann Puzzello, Karen White, Tim Rouse, Henry
Davis
Others Present: Mayor Luecke, Rich Deahl, Jeff Parrott, Sal Gerschoffer,
Christine Gerschoffer, Silvia 0. Costellon, Steve Luecke, Tom
Figel, Tom Price, Christa Nayder, Randy Schlipp, Gale Schlipp,
Nike Schlipp, Jennie Schlipp, Joel Bowers, Jason Sibley, Jim
Parker, Paul Duda
Agenda: Bill No. 45-10 -Floodplain Regulations
Bill No. 10-40 -Special Exception 3700 S. Gertrude
Bill No. 45-10 -Floodplain Regulations
Chairperson Kirsits with full committee in attendance called upon Christa Nayder from the staff of
the Area Plan Commission to present Bill No. 45-10. She explained that the Federal Emergency
Management Agency (FEMA) had recently reviewed flood hazards in the area. In order to
maintain eligibility for the National Flood Insurance Program (MFIP) each jurisdiction is required
to adopt FEMA standards. That is the reason for the requested action. She indicated the Area
Plan Commission had reviewed the changes and sent a favorable recommendation to Council.
Gary Gilot, the Director of Public Works, spoke in support of adopting the new FEMA standards.
Chairperson Kirsits opened the hearing to Council questions.
Councilmember Henry Davis wondered if floodplain boundaries could be changed locally. While
Gary Gilot said probably not, Christa Nayder, Area Plan Commission promised follow-up answers
to other questions. She also reported a favorable recommendation from the Area Plan
Commission.
Calling the question, Chairperson Kirsits accepted a motion from Varner, a seconded from Oliver
Davis, and support from all to send the bill favorably.
Bill No. 10-40 -Special Exception 3700 S. Gertrude
Chairperson Kirsits began the hearing by reading the four main criteria evaluated in granting a
special exception. He also noted the Board of Zoning Appeals (BZA) had given 10-40 a
unanimous favorable recommendation.
Rich Deahl, Attorney for the petitioner began a rather detailed presentation of the project itself,
the character and commitment of the petitioners, the location, and 11 additional commitments
incorporated into a second substitute bill. The agreed to accommodations were devised from
objections heard at the BZA hearing, from meetings with neighbors and from a bus trip for
interested parties to see a similar operation in Toledo.
Mark Lyons from the Building Department described the BZA hearing noting the Council had 60
days from the August 4, 2010 BZA determination to take their own vote. A rejection by the
Council would kill the petition. A vote in favor would ratify the BZA ruling and no vote in the time
period would mean the BZA ruling prevails.
Rich Deahl summed up his presentation introducing the petitioners, the Schlipps, and describing
their positive efforts beyond the necessary to be good neighbors.
Opening to Council questions, Council President Derek Dieter asked about noise and traffic. Tim
Rouse asked whether the Schlipp's have operated other facilities. Councilmember Oliver Davis
asked about the enforceability of commitments and Councilmember Kirsits asked about possible
contaminants. Councilmember Henry Davis asked about the facilities economic impact in terms
of jobs, payroll, and taxes.
Randy Schlipp, Gary Gilot and Rich Deahl, all supplied answers and assurances to questions.
Turning to the public in favor, Kirsits recognized Sal Gerschoffer who resides in the area and
spoke in favor. Gary Gilot recounted his visit to the Dayton facility comparing South Bend's
proposed site favorably.
Councilmember LaFountain asked about the amount and route of truck traffic.
Nearby residents speaking against raised questions about, noise, pollution, decreased property
values, truck traffic, safety concerns, and hollow promises.
Gay Gilot, Director of Public Works, spoke in favor of the proposal suggesting 3 more
commitments be added to the resolution. Namely, trucks prohibited from going north on
Gertrude, an acoustic fence and berm be incorporated into the plan. And that the operation
include fire and vibration control. The petitioners agreed to all 14 points hopefully covering every
contingency.
In summing up Councilmember Oliver Davis, 6th District said that 4 criteria for granting an
exception had not been met. Councilmember Varner said a more remove area would be better.
Councilmember Varner motioned the bill go the Council unfavorably. Councilmember Oliver
Davis seconded. Chairperson Kirsits called the question and it was defeated.
Chairperson Kirsits then wrapping up the hearing said he believed the proposal was the best use
for the area. Councilmember LaFountain agreed.
Chairperson Kirsits moved the bill be sent to full Council with no recommendation.
Councilmember Varner seconded and all affirmed.
There being no further business to come before the Council at this time, Chairperson Kirsits
adjourned the meeting at 5:50 p.m.
Respectfully Submitted,
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AI "Buddy" Kirsits, Chairperson
Zoning and Annexation Committee