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HomeMy WebLinkAbout10-10-05 Zoning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council The October 10, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Puzzello,Kelly,Kuspa,Varner,Pfeifer,Kirsits and Rouse; Citizen Member Martha Lewis, Mrs. Kopola, Sharon Kendall, Building Commissioner Don Fozo, Charles Hayes, Joe Grabill, Public Works Director Gary Gilot, City Controller M. Catherine Fanello, P. J. Thuringer, J. Bernard Feeney, City Clerk John Voorde, Jamie Loo of the eYaugOezd,Faaneand 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,Bill No. 34-05 which is a zoning request for the property located in the 3400 block of Northside Boulevard has been requested to be tabled indefinitely. He stated that a letter dated October 3, 2005 has been sent to the Council making that request(copy attached). City Clerk John Voorde noted that his office has received several calls with regard to the status of the Bill, and voiced concern about it. The Council Attorney noted that Indiana state law requires the Council to take final action on a bill which has been certified by the Area Plan Commission within ninety(90) days of that certification. When a petitioner makes a request for a continuance, it tolls that time period .Council Member Kelly suggested that direct action be taken to make sure that the petitioner complies with the Council's repeated requests to hold meetings with the neighbors prior to coming back to the Council. The Council Attorney noted that there is nothing in the City Code to require compliance,however she would be willing to work on such an ordinance for the future and also suggested that a letter be sent to the petitioner's representative reminding him of the Council's concerns. There was a consensus for the letter to be sent in light of the requested continuance. Council Member Kuspa then called for a presentation on Bill No. 49-05 which is a zoning request for the property located at 2920 Edison Road. P. J. Thuringer, a Planner with Area Plan, reported that the Bill received a favorable recommendation at the September Area Plan Commission meeting. Council Member Puzzello noted that she has made repeated requests for better maps to be given to the Council for each proposed rezoning. October 10,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 1- Joe Grabill, a real estate broker, with offices located at 2410 North Grape Road, Suite 100 in Mishawaka made the presentation. He noted that the building was built as a four-plex in the 1970's. He believes that the "MU" zoning would be "a perfect fit". In response to a question from the Council Attorney,Mr. Grabill stated that the petitioner agrees to the terms requested by the Area Plan Commission which will be subject to a written commitment limiting the use to professional offices and apartments. She noted that the Area Plan Commission has the sole authority to impose such commitments, and requested that Mr. Grabill include remarks this evening with regard to his willingness to comply with the commitment request. In response to a question from Dr. Varner, City Clerk John Voorde provided a copy of the permitted uses under the MU Mixes Use District permitted by Section 21-03.02 of the South Bend Municipal Code(copy attached). Council Member Kuspa then called for a report on Bill No. 05-117 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 3826 Cleveland Road. Building Commissioner Don Fozo reported that the petition of Charles S. Hayes, Inc. is seeking a special exception for an unmanned communications tower to be located in a light industrial area. The Board of Zoning Appeals held a public hearing on September 15, 2005 and sends the Bill to the Council with a favorable recommendation. Charles Hayes ,President of Charles S. Hayes, Inc. with offices located at 814 Marietta Street in South Bend made the presentation. He noted that it had taken approximately two (2) years to find this location. He noted that service would be for the Portage, Bendix and Cleveland Road areas with a tower need approximately every two(2)miles. In response to a question from Council Member Rouse, Mr. Hayes stated that in St. Joseph County they have 25 towers,having sold off 50 other towers located outside of the county. Bernie Feeney provided an aerial map of the area and a site plan(copies attached). Following discussion, Council Member Rouse made a motion, seconded by Council Member Kirsits that Bill No. 05-117 be recommended favorably to Council. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 4:18 p.m. Respectfully submitted, &_;frai Council Member 7E--Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments October 10,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council. -Page 2-