HomeMy WebLinkAbout09-09-02 Zoning & Annexation dkN
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The September 9, 2002 meeting of the Zoning and Annexation Committee was called to order by
its Chairperson, Council Member Karen White at 4:27 p.m. in the Council Informal Meeting
Room.
Persons in attendance included Council Members Pfeifer, Kelly, Varner, Kirsits, Coleman,
Aranowski and White; Planner Jeff Meyer, Area Plan Assistant Director John Byorni, Building
Commissioner Don Fozo, Dan Akin, Kenneth R. Gean, Jon Hunt, Terry Bland of the 'Guth
Xfrab gribUllt,and Kathleen Cekanski-Farrand, Council Attorney.
Council Member White noted that the first item on the agenda was Bill No. 48-02 which is a
rezoning request for the property located at 2004 Fast Edison. Council Member White further
noted that Don Shaum, Jr. sent a letter dated September 5, 2002 (copy attached) advising the
Council that he desires to withdraw this rezoning request. Council Member White brought to the
Committee's attention a Memorandum dated August 26, 2002 from Council Member King noting
his opposition to Bill No. 48-02 (copy attached). Council Member White stated that the proper
motion this evening would be to strike Bill No.48-02 at the request of the Petitioner.
The Committee then turned its attention to Substitute Bill No. 49-02 which is a rezoning request
for the property located in the 100 block of West Angela Boulevard.
Planner Jeff Meyer presented the report from the Area Plan Commission noting that the
Commission sends the proposed rezoning to the Common Council with a favorable
recommendation.
Dan Akin, Vice-President of Engineering with Dansch and Associates made the presentation. He
noted that the "0" office requested use would be an excellent transition use for this single story
building which would be a dental office. They would have six (6) employees and would separate
the employee parking from the customer parking, and have agreed to the additional screening
requirements requested by Area Plan.
Council Member Kirsits stated that this property is located in his neighborhood. He supports the
rezoning request and the neighborhood association is also in favor of the request. He noted that
there has been illegal parking of vehicles on the lot and this would be a great improvement. He
also voiced support of having the parking lots separated.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that
Substitute Bill No. 49-02 recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 02-62 which would approve a petition of the South Bend
Board of Zoning Appeals for the property located at 2805 Mishawaka Avenue.
Building Commissioner Don Fozo noted that the request is consistent with state law and received a
favorable recommendation from the South bend Board of Zoning Appeals at its meeting of August
12,2002(packet of information attached).
The Petitioner. Kenneth Gean made the presentation. He noted that they plan to move their
business back to its original location at 2805 Mishawaka Avenue.
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Zoning and Annexation Committee
September 9, 2002
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Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill
No. 02-62 recommended favorably to Council. The motion passed.
Council Member White then stated that she had requested the Area Plan Staff to begin a detailed
presentation on the proposed Comprehensive Plan. She noted that Mr. Sante provided preliminary
information to the Committee at an earlier meeting, however several Council Members either did
not have, or did not review a copy of the proposed Comprehensive Plan prior to that meeting. She
then presented a two-page handout entitled"Proposed Schedule for Discussion and Review of the
Proposed Comprehensive Plan" (copy attached). She asked everyone to carefully review the
proposed schedule and to voice any concerns which they may have. She noted that this proposed
schedule should not be an indication that there was a lack of support for the proposed
comprehensive plan, but rather should be viewed as providing opportunities to receive relevant
information and to allow open discussion of this document which sets the vision for the city and
county for the next twenty(20) years.
Council Member White then asked Area Plan Assistant Director John Byorni to address the
Committee for a period of 25-30 minutes.
Mr. Byorni presented a copy of the Area Plan Commission minutes dated January 29, 2002, the
date when the Area Plan Commission adopted the first version of the proposed Comprehensive
Plan (copy attached). He noted that he did not bring with him a copy of the April Area Plan
Commission meeting minutes when the Comprehensive Plan was amended to included various
"housekeeping items". He noted that Mr. Sante recently certified the amended comprehensive plan
to the Common Council.
Mr. Byorni stated that HNTB was the consultant hired for the preparation of the comprehensive
plan. A proposed comprehensive plan was prepared in the 1970's, however was never formally
adopted by any of the entities who are members of the Area Plan Commission. Monies were
placed in the St. Joseph County budget in 1997-1998 to fund the bulk of the project. Mr. Byorni
stated that request for qualifications (RFQ's) were sent to 15-20 firms located within a day's
driving distance of downtown South Bend,and nine(9) proposals were received. Three(3) firms
were then interviewed resulting in the selection of HNTB. The overall budgeting for this project
by the County was over a three-year period.
Mr. Byorni noted that the City of South Bend assisted by doing a detailed land use survey which
took a long time to do; and he noted that the City will continue to maintain this information and
have it rolled into the GIS.
In response to a question raised by Council Member Pfeifer at an earlier Zoning and Annexation
Committee meeting, Mr. Byorni provided a copy of the one-page existing comprehensive plan
which was in technical compliance with the state law provisions (copy attached). He also noted
that the documents prepared in the 1970's which were never adopted had four (4) volumes, of
which Volume#3 has been filed with the City Clerk's Office.
Council Member White inquired about the overall cost to prepare the proposed Comprehensive
Plan. Mr. Byorni stated that St. Joseph County budgeted $200,000 over a three-year period for
the plan. He added that South Bend earmarked $25,000 in the Health Communities budget to be
used for work related to the plan.
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Zoning and Annexation Committee
September 9, 2002
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quote appears: "Encourage tax-base sharing and other measures to minimize income disparities
between municipalities". This was one of the principles listed with regard to smart growth, and he
questioned whether this was really viable for the county and the city. Dr. Varner then referred to
page 3-12 where the statistics are listed for rentals with South Bend having 34% and Mishawaka
having 40%. He noted that often the "high rental rates" is South Bend is given as a reason for
some of the problems in our city, yet comparatively South Bend is lower than other communities.
All in all, Dr. Varner stated that we need opportunities like the time spent in this Committee
meeting to spend the proper amount of time in reviewing and discussing the material.
Council Member Coleman stated that we could debate the details, however with regard to rentals
the real issue is the concentration of them which may be causing the problems.
Dr. Varner stated that rental concentration is part of the problem, but density and quality of the
rental units should also be addressed. He again stressed that the general statements which are
included in the proposed comprehensive plan may get the city into trouble.
Jon Hunt stated that the City Plan would set forth information in a more detailed fashion. For
example it may cite that the conversion of single-family homes into rental units is a concern.
Council President Kelly stated that the proposed comprehensive plan covers a lot of details. Many
of the points stated today are well taken, but he voiced concern that the Council could " knit-pick
the plan to death". He stated that the Committee needs to have the meetings as proposed by
Council Member White, but then it needs to decide.
Council Member White thanked Mr. Byorni and Mr. Hunt for their presentations. She also noted
that on the proposed meeting schedule on the proposed comprehensive plan that October 9th is a
Wednesday. The Zoning and Annexation Committee would meet again to continue this discussion
on Tuesday, October 2nd.
There being no further business to come before the Committee, Council Member White adjourned
the meeting at 5:15 p.m.
Respectfully submitted,
Council Member Karen L. White, Chairperson
Zoning and Annexation Committee
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