HomeMy WebLinkAbout10-22-03 Zoning & Annexation (Committee Ikeport
Zoning anb annexation (Committee
The October 22, 2003 meeting of the Zoning and Annexation Committee was called to order by its
Chairperson, Council Member Ervin Kuspa at 3:30 p.m. in the Council Informal Meeting Room.
Persons in attendance included Council Members Kelly, White, Pfeifer, Varner, and Kuspa;
Building Commissioner Don Fozo, Area Plan Director Robert Sante, Area Plan Assistant Director
John Byorni, Eugene Valanzano, Brent Buzdak, Andy Videkovich„ and Kathleen Cekanski-
Farrand, Council Attorney.
The Committee meeting was called to begin discussions on Bill No. 81-03, the proposed new
zoning ordinance as set forth in the meeting notice of October 16,2003 (copy attached).
Council President White thanked everyone who had input into the draft ordinance for their time and
dedication. She noted that the final version of the bill will help the city move toward being a world
class 21st century city. She noted that the proposed ordinance is extensive and that much time will
have to be spent on it as a Council. She noted that much good work has gone into the draft. The
next step is to begin a series of meetings so that there can be a clear understanding of proposed
policy and procedural changes in the proposed zoning ordinance, in appropriate public forums.
Mr. Eugene Valanzano of the Indianapolis office of Baker and Daniels then presented six (6)
handouts to the Committee (copies attached). He noted that he would begin by focusing on some
of the procedural elements of the proposed zoning ordinance. It was noted that a draft of the
proposed zoning map was made available yesterday at the Area Plan Commission meeting. The
map will be left in the Council's Informal Meeting Room, with the final version of the map not
being filed with the Office of the City Clerk until the process is closer to final action on the
proposed Bill.
Mr. Valanzano then highlighted the handout entitled "Development Review Process" which is the
one-page handout which summarizes the state law references for zone map changes and
development plan changes(# 1 handout attached).
Council President White stressed that it is important to receive feedback on proposed procedural
changes and that each of them be identified with examples.
In response to a question from Council Member Kelly, Mr. Fozo and Mr. Sante responded that
commitments will make the zoning process stronger.
In response to a question from Dr. Varner it was acknowledged that problems of enforcement
would remain under the current ordinance and the proposed ordinance in the commitment area.
Dr. Varner inquired about the legal definition of"as certified". Mr. Sante stated that it verifies the
action was taken by the Area Plan Commission. He noted that the transmittal letter which he now
sends to the Council with each proposed zoning request following an Area Plan Commission
public hearing on a proposed bill acts as the certification currently.
Mr. Valanzano noted that the process of adopting or rejecting proposed zone changes is the process
used in other communities where they have provided services.
The Council Attorney noted that there is a process in place for legal issues to be further discussed,
noting that she has been invited to attend video conferences, and anticipates additional conferences
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October 22, 2003
Page 2
to discuss such proposed procedural issues in further detail. She noted that there are several
Indiana communities which permit the legislative body to approve, approve as amended or reject
zone map changes. She will continued to keep the Council updated on those discussion, as
requested to do so by the Council President.
Council Member Pfeifer noted that at a meeting held this week where approximately 30 citizens
were present, it was made known that the proposed zoning ordinance would limit garage sales to
three (3) per year. This prompted much discussion. She noted that Council Members live with
their neighbors and that proposed policy changes like this are important and need to be highlighted
and discussed. She noted that an article provided to the entire Common Council during budget
hearings talked about the City Councils as being the last bastion where citizens have the
opportunity to be heard, noting that it must be a forum to be carefully guarded. She voiced
concern about limiting the role of the Council on zoning issues since they are essentially neighbor
issues also.
Mr. Valanzano stated that there are merits in the proposed system such as looking at whether the
Plan Commission did there job and the new process being a time saver for the City Council to do
other business.
Council President White stated that concerns over enforcement are ongoing and the zoning
ordinance must be a living document which requires time to review it.
Mr. Fozo stated that the enforcement proposed is more solid than that in the current ordinance.
Mr. Valanzano then reviewed the handout entitled "Typical Zoning District Format" (#2 handout
attached). He noted that for each zoning district the format would include the same structure
namely: a statement of intent, permitted uses, and development standards. Under the current
ordinance a new rezoning is required when changing uses within a category. Under the proposed
ordinance a change in use would be permitted with compliance to the proposed guidelines. Mr.
Valanzano noted that commitments could also be used for extra protections, however only the
Area Plan Commission would have the authority to establish what goes into the commitments, and
only the Commission would have the authority to change or terminate the commitment. Mr.
Valanzano noted that the Council could approve a rezoning based on what was certified in the
commitments,however the Area Plan Commission could later terminate the commitment.
Mr. Sante stated that when the new zoning map with the new zoning districts are approved, that
any commitments in place would terminate. He further noted that any site plans currently in place
would also be terminated with the passage of the new ordinance.
Dr. Varner noted that one of the reasons given for proposing the new zoning ordinance is to make
it more developer friendly, which he believes is a good idea. He inquired however about pre-
existing non-conforming uses like the grandmother's apartment which is needed and in place in
one of the homes in the District he represents.
Mr. Sante stated that any legal non-conforming uses will continue, and illegal non-conforming
uses would continue to be illegal. He added that commitments run with the land and are required
to be recorded.
Mr. Sante noted that at yesterday's Area Plan Commission meeting Hope Rescue Mission had a
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October 22, 2003
Page 3
petition for rezoning which they need in order to qualify for grants. The property will be zoning
CBD.
Council Member Pfeifer noted that there have been several instances where a petitioner would like
to have a business on the lower level and residential on the upper level. Mr. Sante stated that this
would be a mixed use classification which are identified on the proposed zoning map. He noted
that all maps can be accessed on the Baker and Daniels website. He also noted that eventually a
"Book of Maps"would be filed with the Office of the City Clerk.
Council Member Pfeifer requested that anything which has been sent to the various neighborhood
partnerships and/or planners be also sent to the Council Members; and that any future information
also be sent to the Council Members. She added that when a resident calls with questions about
such information and the Council does not have it, that it would be helpful for all such information
to be shared.
Mr. Valanzano then reviewed the handout entitled "Summary of Selected Yard and Landscaping
Regulations" (#3 handout attached). In response to a question from Council Member Pfeifer, Mr.
Valanzano noted that landscaping will have four (4) components: perimeter yards, foundation of
building, interim parking lot and parking lot screening. The proposed ordinance would establish
minimum standards of required shrubbery.
Dr. Varner inquired about lighting and whether it would be required to be directed to the site being
rezoned and confined to the site.
Mr. Valanzano stated that the proposed regulations do not utilize foot candle measurements. Mr.
Fozo noted that the current ordinance does not utilize foot candle measurements. Mr. Valanzano
noted that the height of fixtures would be addressed.
Mr. Valanzano stated that the review of development plans would be in the exclusive control of the
Area Plan Commission, and would be available for cluster subdivisions. PUD regulations would
also have site plan requirements, with there being four (4) stages: zone map/preliminary
plan/secondary plan/IOP.
Mr. Valanzano then highlighted portions of the handout with the caption "Section 21-09.05
Development Review Procedures" (#4 handout attached). He noted that he has proposed new
language on page 15 (2) Zone Map Amendments (B) which was not initially included in the
ordinance on file in the Office of the City Clerk, with this language resulting from one of the video
conferences.
Mr. Valanzano added that in that same handout on page 16, he has proposed a new paragraph (D)
Supplemental Plans, which also resulted from a video conference.
Council Member Pfeifer noted that the new language addressing the Executive Director appears to
be discretionary and therefore he or she could refuse to request information from a petitioner which
the Council believes is needed.
The Council Attorney noted that the Council may wish to consider having a zoning bill when read
for first reading referred to the Zoning and Annexation Committee first, noting that the Council has
a 30-day period to refer to the Commission under state law. The bill could then be listed under the
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October 22, 2003
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unfinished business section of the Council's agenda for their next regular meeting and then referred
to the Commission.
Council President White inquired about the proposed Studebaker Museum and whether it will be
required to be rezoned if it goes forward.
Mr. Fozo noted that under the current Code governmental buildings are exempt, however they will
be governed under the proposed zoning code. Since the proposed museum is still in the discussion
stage,it is unclear what zoning changes are necessary at this point.
It was noted in response to a question from Dr. Varner that Community& Economic Development
prepared the necessary rezonings so that the Erskine Village project would be developer friendly.
Mr. Valanzano then highlighted portions of the handout entitled "Section 21-09.02 Area Plan
Commission Section (d) Commitments" (#5 handout attached). He noted that this process would
be utilized if higher standards would be needed,however only the Area Plan Commission could do
so.
In response to a question from Council Member Pfeifer, Mr. Byorni stated that a current
commitment in place affects the property for the Phillips 66 station at the corner of Ewing and
Ironwood. Such a commitment would be terminated once a new zoning ordinance is in place.
Mr. Valanzano noted that the state law contains a provision that if a material representation is found
within 180 days of a rezoning that it can be rezoned to its original rezoning classification. He
noted that this state law resulted from a lawsuit involving a site plan in Shelbyville where there was
a material misrepresentation.
Council Member Pfeifer noted that she has stressed for years the need to protect our community
from unwanted signage.
Mr. Fozo noted that the new ordinance would limit window signs to 25%. Mr. Fozo added that the
Engineering Department is in the process of having bench signs removed that are located in the
public right of way.
Council President White noted that Sec. 21.27.03 should be consulted in this area.
Discussion then took place on the ongoing nuisances resulting from transient merchant sales,
especially those which occur on Fridays and over the weekend. Council President White noted
that there is a significant enforcement issue involved which may require the Code Enforcement
personnel to work flex time hours so that weekend violations are properly cited.
Mr. Valanzano noted that outdoor displays are addressed in the proposed ordinance which
primarily address temporary or seasonal sales. He noted that such sales must be accessory to the
primary use and are addressed in Sec. 21.03.04.
It was suggested that both zoning code provisions and transient merchant licensing provisions be
reviewed so that such nuisances could be properly addressed.
Dr. Varner noted that at the power point presentation with the BZA, APC and Council, that it was
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suggested that the Area Plan Commission hold their meetings in the evenings, especially if the
Council's role will be limited as proposed.
Mr. Sante stated that there is no plan to change the APC meetings from 3:30 p.m., noting that their
meetings used to be in the evening several years ago however were changed to afternoons because
of quorum problems.
Mr. Valanzano noted that except for Indianapolis,all other communities that he has worked in have
their Plan Commission meetings in the evenings.
Mr. Sante noted that there are no recommended changes on fees. He noted further that the
Commission does not waive fees.
Council Member Pfeifer inquired about when the community meetings would take place. She
suggested that there be a minimum of six (6) such meetings so that each Council District would
have one. She further suggested that the meetings for the commercial corridor organizations not be
combined with the neighborhood partnership meetings. It was requested that once all such meeting
times and locations are established that the Office of the City Clerk and the Council be notified of
such information.
It was also suggested that copies of the 81/2 x 11 maps be made available by the Area Plan staff so
that they can be reviewed in the Office of the City Clerk, noting that there are no street names on
the large map.
Mr. Sante noted that Jeff Myers is in charge of scheduling such meetings.
The Committee meeting was then adjourned at 5:12 p.m.
Respectfully submitted,
Council Member Ervin Kuspa, Chairperson
Zoning and Annexation Committee
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Attachments