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HomeMy WebLinkAbout08-12-02 Zoning & Annexation Committt *oat: Zoning au0 trittwxation (ommittu The August 12, 2002 meeting of the Zoning and Annexation Committee was called to order by its Chairperson Council Member Karen L. White at 3:15 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Varner, King, Coleman, Pfeifer, Kirsits, White, and Kelly; George Adler, Community Development Director Jon Hunt, Area Plan Director Robert Sante, Area Plan Assistant Director John Byorni, Larry Magliozzi, Marco Mariani; the four(4) new employees in Community Development: Mr. Dukes, Mr. Voviti, Mr. Kaiser,Mr. King, Terry Bland of the *QUO O t 1 ITributte and Kathleen Cekanski Farrand, Council Attorney. Council Member White noted that this was the first of several meetings being called to review the proposed comprehensive plan. Today's meeting was called to receive a preliminary overview. Council Member White further noted that the comprehensive plan is to be a tool or guide for development in South Bend, St. Joseph County and the towns represented by the Area Plan Commission. She stated that the Council Attorney prepared a Memorandum dated July 8, 2002 (copy attached) which set forth background information about the process for the Council. She added that Jon Hunt also provided a Memorandum dated July 16, 2002 (copy attached) which highlighted items related to the adoption process of the proposed plan. The four(4) new Community Development employees were then introduced to the Committee. Council Member White then called upon Robert W. Sante, Executive Director of the Area Plan Commission of St. Joseph County to make his preliminary overview of the proposed Comprehensive Plan. Mr. Sante stated that the comprehensive plan will serve as the "long-range plan" for the next twenty (20) years. It is designed to provide a framework and starting point for the planning process. It highlights strengths and weaknesses of the community; opportunities and threats. Parts of the community should grow and the plan suggests the type of growth that should take place in these areas. Mr. Sante noted that they talked with Project Future and Jon Hunt and his department as well as commercial developers in the development of the proposed comprehensive plan. It should be considered a"jumping off point"for development in the City. Mr. Sante noted that there are many other plan for the South Bend community under way,as noted by the Council Attorney in her Memorandum. Input from citizens residing in the city and the county has been solicited. Approximately a half dozen public forums were held before the Area Plan Commission took formal action on the proposed comprehensive plan. DAdditionally, approximately four hundred(400) citizens were polled for their input. Mr. Sante stated that the comprehensive plan would be a "statement of public policy" for the community. He rioted that it is needed for an economic development tool; for federal and state programs;for infra-structure funding grants; for developing guidelines and services. He noted that the "Smart Growth" model was used in developing the proposed plan, highlighting that keeping "growth compact where services are provided"was an area of consideration. Mr. Sante stated that in order for the comprehensive plan to be implemented it must be adopted by the various governmental bodies. South Bend is proposed to adopt the plan first. • Zoning and Annexation Committee August 12,2002 Page 2 Mr. Sante noted that the Baker Daniels law firm has been hired to draft the South Bend zoning ordinance. A new subdivision ordinance would then be prepared. Mr. Sante stated that the Comprehensive Plan should be updated every five (5) years. It should address development, land use and transportation needs. The last time the comprehensive plan was reviewed was 1975 and it was not adopted by any of the governing bodies. Council President Kelly inquired why the City, County and Town Councils did not adopt the proposed comprehensive plan in 1975. Mr. Sante stated that the comprehensive plan development a strong transportation component with many an freeways being bein proposed. It also based its recommendations on the 1960 census. No l� community adopted the proposed plan. Dr. Varner noted that he thought that the land use rule involving the "twenty acre rule" may have been an issue then also. Mr. Sante recalled that he believed that the twenty acre rule was formulated in 1979. Mr. Sante stated that the Common Council adopted a "one-page comprehensive plan" in 1986 in order to comply with state law. It provides a"statement of goals and objectives" and brought the City into technical compliance with state law. Council Member Pfeifer inquired whether the "goals and objectives" set forth in 1986 were realized, and requested a copy of that document. Mr. Sante stated that the goals and objectives were too general to know if they have been realized. Mr. Sante stated that in the 1940's and 1950's when the City of South Bend had their own Planning Department that the City adopted comprehensive plans. He added that he has met with some of the St. Joseph County Council members to discuss the proposed comprehensive plan. He believes that several are ready to move ahead. Council Member King noted that County Council Member Dennis Schafer who represents most of the agricultural areas of St. Joseph County had several concerns. Council Member King attended that meeting and believes that Council Member Schafer would be supporting the comprehensive plan. He also noted that the Area Plan Commission intends to adopt a resolution that they will review and update the proposed comprehensive plan every five(5) years. Dr. Varner noted that the 20 acre rule has caused concern by those who advocate that five(5) acres would be sufficient and that the rule would take an additional fifteen (15) acres our of agricultural use, with family farms being affected the most. Council Member White noted that it is important for the Council to be updated on the trends which are most important to the comprehensive plan. She noted that following population trends and how that impacts education,jobs,the service industries,manufacturing will be important. Mr. Sante noted that the land use statistics included using aerials taken of St. Joseph County in 1998. In South Bend, Community Development assigned interns to do "pass by inventories" of properties noting the building conditions. /17w • Zoning and Annexation Committee August 12,2002 Page 3 Council Member Pfeifer inquired about the various adjustments in zoning which will be recommended by the comprehensive plan. She asked about the specific pluses and minuses of such developments and how they affect services and population growth. She also inquired into the pluses and minuses of St. Joseph County going first rather than the City of South Bend, and vice versa. Mr. Sante noted that in addition to South Bend and St. Joseph County,that the towns of Roseland, North Liberty, New Carlisle, Lakeville and Osecola will be asked to adopt a resolution adopting the comprehensive plan. Since the City of Mishawaka is not part of the Area Plan Commission of St. Joseph County, they will work on their own comprehensive plan thru their own City Plan Commission. He suggested that there is "no real order" of who should go first in adopting the comprehensive plan, and that St. Joe County may end up going first. Jon Hunt noted that the City of South Bend may be more"aggressive and take a deeper look at the plan than the county". He noted that there may be a problem if the county adopts it and then the city decides not to adopt it. Mr. Hunt said that the comprehensive plan will act as the"game plan" in planning for the city. It will provide the Community Development Department with direction. Council President Kelly suggested that the City of South Bend should be in a leadership role in this area. He suggested that the City take the advise of those who are experts in their fields. Council Member King noted that he has met with three (3) County Council Members who are on the Land Use Committee of the County Council. Council Member David Niezgodski was not there however, and he represents both the city and the county. Council Member King stated that Council Member Hank Keultjes will want to know if South Bend is going to adopt the proposed plan. The Council Attorney noted that she summarized the governing state law in Title 36 of the Indiana Code for the Council in her memorandum and attempted to provide as many pertinent attachments for background information. She noted that the resolution which the Council would adopt when considering the proposed comprehensive plan does not require the approval by the Mayor under Indiana law. She also noted that the Council may amend the proposed comprehensive plan and it then would be returned to the Area Plan Commission for its consideration, as provided by state law. Mrs. Cekanski-Farrand added that as part of the recent Appellate Court case, she filed an arnicus curiae brief on behalf of the Common Council. It included numerous references to how important the comprehensive plan is as a development and zoning tool. She concluded by noting that both she and Jon Hunt have recommended in their respective Memorandums, that all documents that are referenced in the proposed comprehensive plan be summarized to the Council so that they have knowledge of each of them and why they are referenced in the plan. Dr. Varner inquired about water treatment systems and county sewer and water districts and how they would be addressed in the proposed plan. Mr. Sante stated that they are briefly addressed but because they are themselves in a state of flux, that there is nothing definitive. Council Member King stressed that the proposed comprehensive plan is a"road map". Because of the timing of when formal action took place on the plan by the Area Plan Commission, the Capital Avenue Plan could not be addressed in it. Zoning and Annexation Committee August 12, 2002 Page 4 Mr. Sante stated that the intersections around the bypass would also be impacted and that they need to be studied in light of the Capital Avenue project. SR 23 and the Bypass will all be affected and special study areas will have to take place. Mr. Sante noted that the Corridor Plans and the various Neighborhood Plans would be summarized in future meetings. Mr. Hunt suggested that he will see that his department pulls together all of the neighborhood plans and plans passed by the Redevelopment Commission. He noted that the Keller Park Plan was approved by the Board of Public Works and the Common Council. The Council Attorney suggested that all such plans be filed with the City Clerk and that that office inventory them so that they could be made available for the Council to review. The formal listing of documents would then be suggested to be maintained by the City Clerk's office. Council Member King noted that a city-wide plan is being developed by Larry Magliozzi and that an update will be provided on it at today's Community and Economic Development meeting. Council Member King stressed that there must be a balance in the amount of detail needed at this • phase of reviewing the proposed comprehensive plan. He stated "don't let the perfect be the enemy of the good", which he often used in private industry. He hoped that there would not be a delay in the quality of life in our community,and that the City should get started. Council President Kelly stated that he agrees with Council Member King, however the Council must do its"due diligence"as recommended by the Council Attorney as part of the review process. The City should be in a leadership role and develop a time table which is workable. Mr. Sante stated that he will need to officially certify the proposed comprehensive plan to the Common Council. Council Member White suggested that discussions should take place, however with Council Member King not being available for the 1st meeting in September, it could not take place at that time. Council Member Pfeifer suggested that Mr. Sante and his staff provide a presentation on the areas where there is change in direction. She suggested that recommendations be highlighted that are based on the diversity of the population with regard to infra-structure resources and proposed developments. She stressed the need for these items to be brought to the Council's attention. She also suggested that any trends in population be highlighted and note whether they are a"trend or a fad". Council Member King noted that the Area Plan Commission will be formalizing their commitment to review the plan every five(5) years, based on census projections. Council Member Pfeifer suggested that perhaps the review should take place every three (3) years instead. Dr. Varner stated that he believes that demographics are more important then numbers. He does not want the proposed comprehensive plan to become controversial or to get bogged down, however the Council has the responsibility to know why items are cited in the proposed plan and to decide whether they should be referenced as a proposed development guide. He also noted the need for water and conservation districts. The plan should be good for developing a vision, but Zoning and Annexation Committee August 12, 2002 Page 5 the Council should make sure that it will flow toward the types of developments it envisions. Mr. Sante offered to provide a copy of the 1975 Plan to the Council for their review. Council Member King stated that he would meet with County Council Member Keultjes and provide an update to the Committee. Council Member White stated that the 2nd meeting in September will be a tentative goal for completing the review all of the preliminary material. She thanked everyone for their input. There bein g no further business to come before the Committee, Council Member White adjourned the meetin g at 4:15 p.m. Respectfully submitted, Council Member Karen L. White, Chairperson Zoning and Annexation Committee KCF:kmf Attachments