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HomeMy WebLinkAbout04-12-04 Zoning & Annexation Zenini and Annexation Committee The April 12, 2004 meeting of the Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa,at 3:38 pm in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter,Pfeifer,Kelly,Puzzello, Varner,Kuspa, Coleman,Kirsits,and White,Jeff Myers, Building Commissioner Don Fozo, City Clerk John Voorde,Larry Magliozzi,Rita Rippe,Erin Blank, Peter Oslanowski,Building Commissioner Don Fozo,Terry Bland of the Soutft&Kd Ttibuwe, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consisted of Council Members Puzzello,Kelly,Kelly and himself. Council Member Kuspa stated that in order for the Common Council to hear Substitute Bill No. 10-04 the Council must take action first on its fiscal plan. Larry Magliozzi of the Department of Community and Economic Development noted that he failed to timely file Bill No. 04-40 which is the resolution with the fiscal plan for the proposed Zeiger annexation in Centre Township. He stated that he will be requested this evening that the Common Council suspend their rules so that Bill No. 10-04 may be filed,have 1st reading and public hearing this evening. Mr. Magliozzi then presented information on Bill No. 04-40; and Substitute Bill No. 10-04 which would annex certain land in Centre Township owned by Duane O. and Virginia M. Zeiger,commonly known as the 20000-21000 block on the south side of Kern Road. He stated that this is a voluntary annexation involving approximately 116 acres. Sewer and water lines are available to the developer and the proposed annexation meets all contiguity requirements. Erin Blank of Abonmarche Consultants,LLLC with offices at 750 Lincoln Way East, South Bend, Indiana 46601 noted that the property would be divided into 266 lots ranging in size from 2/10 acre to 3 acres. The entrance would be off of Kern Road. The homes would be range-style ranging from$110,000 to$150,000 in price. Rita Rippe of 61196 Old Spanish Trail, South Bend,Indiana 46614 spoke against the Bills,and provided a handout listing sixteen(16)areas of concern(copy attached). She noted that she had recently moved back to the area after living in California with that state utilizing planned unit development regulations which she believes better address growth. She noted among other things that there are water and drainage problems in the area in question; wildlife issues; concern over taking more farm land out of production; wetland issues; and concerns over sump pumps and ingress and egress. She also showed two(2)maps of the area in question to the Committee. In rebuttal,Mr. Magliozzi stated that many of the concerns raised are a matter of timing since the preliminary plat is not required to address drainage. Once the property is annexed into the city the property must be developed according to city standards. Council Member Puzzello noted that on page 5 of the fiscal plan it notes that"no drainage is required". She further noted that the city has annexed several other large areas into the city and that they have worked out well for the future development of the city. Mr. Myers stated that the plat is currently under review and that if the City Engineer determines that wetlands are present that appropriate action will be taken. He further noted that city standards will require sidewalks,lighting,etc. Mr. Magliozzi noted that access will be from Kern however there is an access easement to US 31. He stated that there is a public school system available and public parks are near the area; with a shopping area to be developed off of US 31 in the very near future. Dr. Varner stated that it is his understanding that city streets of 28' in width,city sidewalks,lighting, screening, etc. will all be addressed once the property in properly annexed into the City. Don Fozo,Building Commissioner,confirmed that Dr. Varner's understanding is correct. Council Member Coleman noted that it appears that there are built in remedies if the property is annexed into the city,and that the concerns raised by Ms.Rippe will be addressed. He suggested that Mr. Myers meet with Ms. Rippe to review the procedures which govern in this area. Mr. Myers stated that the public process has passed and that the Plat Committee composed of the City and County Engineers,the County Surveyor,Purdue Coop representative and a County Highway representative will review the plat. Following discussion,Council Member Puzzello made a motion,seconded by Council Member Kelly that the Committee recommend that to the Council that it suspend their rules so that Bill No. 04-40 may be heard under Special Business. The motion passed. Council Member Kelly then made a motion,seconded by Council Member Puzzello that Bill No. 04-40 and Substitute Bill No. 10-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on 2nd Substitute Bill No. 81-03 as was further amended by the Area Plan Commission, addressing the new proposed zoning ordinance which would become Chapter 21 of the South Bend Municipal Code. Jeff Myers of the Area Plan staff noted that the Area Plan Commission held its public hearing on the new zoning ordinance and sends it to the Council with an favorable recommendation. He noted that the Commission approved all of the amendments sent to it by the Common Council and included additional amendments of its own which address swimming pools,transfer stations,definitions and enforcement procedures. April 12,2004 Zoning and Annexation Committee-page 2 Building Commissioner Don Fozo spoke in favor of 2nd Substitute Bill No. 81-03 as further amended by the Area Plan Commission. He noted that there are over 400 pages in the Bill and that there may be areas which will need amendments in the future. Peter Oslanowski of Burkhart Signs stated that there is a problem in Section 21-7 which addresses sign surface areas where the word"arterials"was left out. Mr. Fozo stated that this will be addressed in a separate ordinance. The Council Attorney noted that Catherine Brucker telephoned her this morning and advised her that she was on vacation. She is in favor of the 2nd Substitute Bill No. 81-03 as further amended by the Area Plan Commission,and if necessary would travel back to the city this evening if there were any problems. Following discussion,Council Member Kelly made a motion,seconded by Council Member Coleman that 2nd Substitute Bill No. 81-03 as further amended by the Area Plan Commission be sent to the Council with a favorable recommendation. Under miscellaneous business,Council Member Dieter voiced concern over the police beats and how they are being addressed in the fiscal plans. He suggested that members of the Council should talk with Chief Fautz since the south side and Police Beat 15 is being stretched too far. There being no further business to come before the Committee,Council Member Kuspa adjourned the meeting at 4:25 pm. Respectfully submitted, Council Member Ervin Kuspa,Chairperson Zoning and Annexation Committee KCF:kmf 1 Attachments April 12,2004 Zoning and Annexation Committee-page 3