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HomeMy WebLinkAbout10-24-05 Zoning & Annexation - Zoning and Annexation Committee 2005 South Bend Common Council The October 24, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Puzzello,Kuspa,Dieter,White,Varner,Kirsits and Rouse; Citizen Member Martha Lewis, Community and Economic Development Executive Director Sharon Kendall,Building,Larry Magliozzi,P.J. Thuringer,Bernie Feeney,Mrs. Kopola, City Clerk John Voorde, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consists of Council Members Rouse, Dieter Kirsits and himself. He asked that persons wishing to testify before the Committee give their name and address for the record. Council Member Kuspa noted that the first item on the agenda was Substitute Bill No. 05-123 which would adopt a written fiscal plan and establish a policy for the provision of services to the Waggoner's Dairy Farm,Inc.,Phase II annexation area located in German Township. Larry Magliozzi of the Department of Community and Economic Development made the presentation. He noted that this is phase II of the Portage Prairie development. It is a voluntary annexation, noting that the first phase was for the land to the southside of Brick Road and that this phase is for the northside of Brick Road. There was no one to speak in favor or in opposition to the Bill from the public. Council Member White questioned how many acres would be involved, noting that the cover letter of September 19, 2005 (copy attached) lists 198 acres, while the proposed resolution lists 235.45 acres and 235.45 acres is listed in the Fiscal Plan"Exhibit A". Mr. Magliozzi stated that the 235.45 acreage amount is correct. The Council Attorney requested Mr. Magliozzi to file a corrected cover letter with the Office of the City Clerk so that there would be a proper paper trail on this matter. Council Member Puzzello requested that better maps be provided, noting that she has made this request in the past. P.J. Thuringer showed a larger map of the area under consideration and gave that copy to Mr. Voorde so that it could be maintained in the Office of the City Clerk. Dr. Varner noted that in the presentation it was noted that both public and private monies would be used for the development. He voiced concern that as proposed it would appear that "an endless stream of monies would be involved". He noted that the Council receives a monthly October 24,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 1- Controller's Report on city funds, but hoped that TIF monies would not be used to build roads and streets that go no where like those along Nimtz Parkway. Council Member Kirsits inquired about the large gray area on the larger map. Mr. Magliozzi stated that that area is in the county, but would be contiguous to the city once the current annexation is approved and therefore would qualify for coming into the city upon proper filings. Mrs. Kopola stated that she applauds the Council for continuing to ask for better maps for the record. Council Member Dieter made a motion, seconded by Council Member Kirsits that Substitute Bill No. 05-123 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a report and presentation Substitute Bill No. 43-05 which would annex and bring into the city limits and amend the zoning for 50929 Orange Road and adjacent property commonly referred to as Waggoner's Dairy Farm, Inc, Phase II which would be located in Councilmanic District No. 1, in German Township. P.J. Thuringer, a Planner in Area Plan, noted that the substitute Bill received a favorable recommendation from the Area Plan Commission. He provided a picture of the proposed buffering concept for the Mayflower and Adams Road area(copy attached). Council Member Kuspa then called for the petitioner to make the formal presentation. No one came forward. City Clerk John Voorde called the petitioner's office and noted that two (2) of the principals were out of town and that the 3rd principal was on a conference call. Mr. Magliozzi stated that he would prefer that both bills dealing with the annexation be heard at the same Council meeting. Following discussion, Council Member Kirsits made a motion, seconded by Council Member Dieter that Substitute Bill No. 43-05 be continued to the meeting of November 14th in light of the lack of a presenter, and that Substitute Bill No. 05-123 have final action taken by the Council on November 14th. The motion passed. Council Member Kuspa then called for a presentation on Substitute Bill No. 47-05 which would make several text amendments to the Zoning Code in Chapter 21 of the South Bend Municipal Code addressing temporary sales, fencing regulations, landscaping, change the definition of special events, clarify parking and clarify the display of political signs, P.J. Thuringer of Area Plan noted that the Substitute Bill had a public hearing before the Area Plan Commission on September 20, 2005, and sends it to the Common Council with a favorable recommendation. There was no one from the Building Department or the Legal Department to give details on the proposed requested amendments. October 24,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 2- Sharon Kendall, Executive Director of the Department of Community and Economic Development offered to call Mr. Fozo. When she returned she noted that she got his voice mail. She indicated that it was her understanding the Bill was a "clean up" matter with regard to terminology. Council Member Rouse noted that at an earlier Common Council meeting under the Privilege of the Floor portion, a citizen inquired about the political sign across the street on Lafayette. He stated that since some of the amendments address political signs that there should be a clear understanding of the reasons for the requested changes. Council Member White stated that more time is needed in order for the Administration to present their case for the numerous number of requested changes. She stated that there must be a clear understanding of the reasons for each. Dr. Varner stated that if the Council does not have proper information for these requests there would be an appearance that the "Council handed off their decision" to the Administration and the Area Plan Commission in this area. Following discussion, Council Member Rouse made a motion, seconded by Council Member Dieter that Substitute Bill No. 47-05 be continued until the November 28,2005 Council meeting. The motion passed. It was also requested that the Council Attorney contact Mr. Fozo and Mr. Leone and notify them of the Council's request for detailed information on each of the requested changes. There was no miscellaneous business. Council Member Kuspa then adjourned the meeting at 3:32 p.m. Respectfully submitted, ��Iir�cf Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments October 24,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 3-