HomeMy WebLinkAbout07-08-02 Zoning & Annexation tommitt t *port:
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The July 8, 2002 meeting of the Zoning and Annexation Committee was called to order by its
Chairperson Council Member Karen L. White at 4:30 p.m. in the Council Informal Meeting Room.
Persons in attendance included Council Members White, King, Coleman, Aranowski, Pfeifer, and
Kelly; Planner Jeff Myers, Jon Hunt, Mr. Hudak, Mike Urbanski, Andy Lawrence, Citizen
Member Isabele Gonzalez, Ann Kolata, Tonya Zozulya, Terry Bland of the iboutii ett
'Crib= and Kathy Cekanski Farrand, Council Attorney.
Council Member White noted that the Committee did not have a quorum.
Council Member White then called for a presentation on Bill No. 19-02 which is a rezoning request
for the property located at 2733 Lincolnway West. Council Member White noted that at the last
Zoning and Annexation Committee, action was taken to send this bill with an unfavorable
recommendation to the full Council. However, since the Petitioner did not show at the 7 p.m.
Council meeting, the bill was referred back to Committee. She further noted that the Council
Attorney send a letter by certified mail to the petitioner which advised him that the Committee and
Council would take final action today even if the petitioner failed to show again. The petitioner
was not present and no one was present on his behalf. Final action will take place at 7 p.m. on
disposition of this bill.
Council Member White then called for a presentation on Substitute Bill No. 32-02 which is a
rezoning request for the Homeland Neighborhood.
Jeff Myers, a Planner with Area Plan, reported that both the staff and the Area Plan Commission
send this bill to the Council with a favorable recommendation.
Mr. Michael Urbanski made the presentation. He noted that his company had worked closely with
the City and the Planning Division of the Community and Economic Development Department to
move this rezoning forward.
Council Member Coleman noted that proper zoning is necessary in order for proper marketability
and insurability.
Council Member White noted that in light of no quorum being present, that the Bill would be sent
to the full Council,without recommendation.
The Committee then reviewed Bill No. 36-02 which is a proposed rezoning for the property
located at the intersection of Ameritech Drive and Parkland Drive.
Jeff Myers, a Planner with Area Plan, reported that both the staff and the Area Plan Commission
send this bill to the Council with a favorable recommendation. He noted that it was a Council
initiated ordinance.
Andy Lawrence of the Community Development staff made the presentation. He showed a
proposed conceptual design for MTE Truck and Trailer Services which is being relocated as a
result of the TJ Max development.
Council Member Aranowski noted that this proposed rezoning is in his District, and that he zoning
and Annexation Committee
July 8, 2002
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supports this new development.
Under miscellaneous business, the Council Attorney updated the Committee on the progress on the
lawsuit involving zoning laws in effect for Lake and St. Joseph County. She noted that she is in
the process of filing an amicus curiae brief on behalf of the South Bend Common Council to
protect their interests and rights. A Lake County Superior Court Judge has ruled that the Common
Council would be unable to use anything but the official record of the BZA when considering use
variances and special exceptions. She noted that this would undermine the operations of both the
Zoning and Annexation Committee and the Council, when reviewing such requests. She noted
that she asked the City Administration to join in this action,however they declined.
Council Member King noted that this case is very important to the City of South Bend. The
precedent which will be set will be critical to how the Committee and Council continue to operate.
Council Member White thanked the Council Attorney for providing background information on the
comprehensive plan. She noted that each of the Council Members should have received a draft of
the plan to review. She suggested that an hour be scheduled to have preliminary discussion of the
plan on August 12th from 3-4 p.m.
There being no further business to come before the Committee, Chairperson Karen White
adjourned the committee meeting at 3:45 p.m.
Respectfully submitted,
Council Member Karen White, Chairperson
Zoning and Annexation Committee
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