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Home My WebLink About02-18-04 Zoning & Annexation i-Oitt teat/ > import toning an4 ittmxation omatt/& i lie reo1 nary i i, zuu4 meeting ui tilt Lulling and Annexation Committee was called to order by its Chairperson, Council Member i✓rvin Kuspa at 4:00 p.m. p.m. in the Council lniorrnal Meeting 0Oili. Persons in attendance included Council Members Kelly, Dieter, ruzze o, Visits, -Varner, and Kuspa; Area Han r.xecutive Director Robert Sante, Area Han Assistant Director John Byoriu, Lode r l orceinent Director cainerme isrucker, building commissioner lion rozo, Assistant City Attorney Ann-Carol Nash, and Kathleen Cekansiu-i'aiiand, Council Attorney. Council Member i uspa stated that the committee is composed of himself as Chairperson, Council Member Ann i'uzzello as V ice-Chairperson, and Council Members Kelly and Coleman. Council iviember is.' noted that this meeting is a continuation o1 the discussion U1 the 2nCI Substitute bill No. Si-US, which is the proposed new Coiling ordinance. He noted that he has a handout consisting of seven (i) pages winch he would like to go through (copy attached). He suited that he would like to ilrnsh the review of the entire drait 13111 -today, and have the Committee make a recommendation on it today, ii at all possible. lie noted that the proposed Bill is very important. i he Committee then reviewed the handout page by page. it was noted that several of the deiirntions which are in the current ordinance but which are not included in the new ordinance were discussed by the Committee at the last meeting. he list of definitions has been reviewed by the legal consultant in Indianapolis and that he has recommended that several of the de nnilons be re- inserted into the Bill. (Copy attached). Those definitions recommended to be included are: abandoned, associated sphere of iniiuence, business, club, gambling game, gun and gunsmith shops, historic landmIlark, historic preservation, historic preservation commission, neighborhood development committee,occupancy,nc_y,and pool half cir biiiiard hail". Mr. Sante suggested that the definition for"gun and gunsmith shops"include gun repair operations also; and as a result 01 that recommendation "or repaired" was suggested to be added to tills definition alter the word"soil". Mr. ozo also spoke in favor of the amendment. 'There appeared to be a consensus to include each of the above- listed deiimtions including the amendment into the Dill. The Council Attorney noted that on page tine the footnote reierence was recommended in light of the proposed chapter being inserted into the entire South Bend Municipal Code. The footnote would clarify why certain ternis appeal-in italics. She noted that this amendment was discussed in a video cornerence last fall with the consultant and the Area f=lan stall. No one objected to the amendment. 'f'lle following definittions were lecommended, noting that they would be new, namely: .. Preliminary Site Plan, South Bend's Neighborhood based Organizations, and Swimming pools(s), pinvateipubfic swimming pools". it was also noted that the Common Council has NO contracts in pierce which are mentioned in the definition for"Neighborhood Partnership Center". it was lecommended that "Common Council" be deleted from that definition and that "City- be inserted instead. Council Member Kelly suggested that the definition for South Bend's Neighborhood Based tAgamzations" be written in the plural. There-lore Groups-would replace"A group"and Ltiiiiii a.11U a9IIIICAatlVII ■.,Vi111111tiee 1'GUI ualy ii, .L.UO'4 rush a operate wouiu replace operates . Discussion took place on preliminary site plan aria it was suggesteu mat propose(' replace preitnunary . DiscuSSrofr LOOK place on whether mere was a neeu for tire swimming pcx,i ueiliutloll. rvir. rozo appreciateu me reference to me hulloing i.oue, out note(' mat mere nas not peen cons usion in this area,anu mat ne uoes not oeneve mat a uellnition is necessary. Louncii iviemper ruzzeilo noted, mat so tong as it is clear in its application anti eniorcemem, mat sire wouiu yferu to ivir. rozo s suggestion as to wnetner ine swimming pool clew: lon snouiu oe inci uueu. Louncii ivienmuer ureter inquire('aoout ine various controileu use ueillriuons. lvir. rozo stateu mat me new till covers reguia.uons in mat area. i ne L.onllnlmtee then revieweu the propose(' amenuments to me zoning uruinance i-lmenunient rroceuure wrath appears on pages 4+--i of me nanuout. it was note(' that in 7) (1J),on page 4, me lust sentence wlncn reaus i ire Lommon (-outlet' may ine a proposal to amend or partially repeal me text oi tins L,napter ;anti mat also was auueu to tine second sentence. ii tins language wouiu not oe auueu 1L wouiu appear mat me council could not inmate a text amenument to Lnapter zi 0l tie aouth Henn Municipal uoae, without just going to-me Area rian i.ommission. rages '+, J, anti o anti the propose(' form of --i lnuteu rower 01 Attorney (rOA) were men reviewed and ulscusseu oy the Lonunittee. it was note(' mat uie ioiin of ruA is siimiar to what the L.ouncli nas require(' for several years for tax aoatements, wnen the petitioner or ins or firer representative are unaoie to anent' a uouncii committee anuior uouncii meeting. it was noted that tile amendments inciuueci auuressing tile Gone lviap Anlenulilenis nave peen uiscusseu with inc (Bice of me LiLy LArerK anti mat me new language is oilerea in me interest of hinting common ground win1C%ll pest serves ine city iii implementing tins ordinance. 6everai items nave peen clarinet such as specnicalfy inciuuing notice to property owners witmrl three nunureu feet (svu ) of the petitioned property; notice to ally of ,south bent s iNelgnoornoou base(' V7garilzatiolls whose oounuanes may intrude the petitioned property; clainiication tnai seventeen (11) proposed sue plans wool(' oe required wan six(0) peing use(' oy Lie Area rian Lomnlisslon ant line remaining eieven(11) oeulg used oy tile Lommon Louncii anti Liffice oi ure Laity ulerK; anti mat the petitioner wouiu oe required to Fite the appropriate numoer of ousiness size(iNO. lv) envelopes. Loncerns were expressed oy Ms. Brucker, ivir. rozo , ms. iNasn anti Mr. bane as to wiletner rile language proposed in jj (n/ on page 0 was necessary. lull-. sante state' mat ne wuulu oe willing to make me tape front the Area rian Lommrsslon meeting avatlaule for the Louncfi to review insreati. i Here appeared to oe a consensus, uaseu on me avallapillty to review tile Art- tape, mat ii (rr) could oe deieteti. it was also note(' that --eleven snout(' oe ueieteti from (A) on page an(' mat -seventeen een ce inserreu illSieati; me preliminary ire ueleteu anti that proposed oe inserted instead; anti mat after tine wore --Districts that "'may De ueleteu anti mat __snail be nisei-tea insteau. it was also holed mai tile zoning orumance in inulanapolls ant Marion Lounity require tinny-five (sue) copies oi ail zoning uocuinents are require('at time of filing. ?('Bowing discussion, council Memuer Kelly mace a motion,seconded by council Memuer Zoning alto ru luAauUR i.,UtttittiEEee felt fury tape f'uzcello m at the amended version of -tne 7-page handout setting form amendments to Znu Substitute i3ni No. 8i-t03 tie accepted. Inc motion passed. Mr. Saute stated mat ne would ntie me opportunity to have me consultant review tile amendments. in response to a question raised oy Dr. Varner, Ivir. 5ante stated mat.Ti/r. valazano woutu t�e leaving me country on Feoruary 17w, out mat tne Area Pian stall would be providing the overall presentation on the viii at the Special Common Council meeting called for Feoruary i8mh at 6 p.m. .Councii tiVkinuer Puzzeilo noted tnat sne is concerned a.00ut 111110 cane centers, Oed oz, oleaiilasis, and crematories De perllnuea in the vistoct, noting mat sne does not oeneve tnat crematories are currently permuted in resluent:ai uistrcts. sne rioted that it is ner understanding mat eacn would require a special exception and would tie required to men oe (heard oy me Louiicii, so in eiiner case, the Louncif wouiu nave the Huai autnoihty. MY. i ozo and s. Brother noted mat child care centers are permitted today tiier me school guidelines issued oy flit State of iuulana for licensed chilli care centers. i ney indicated tnat Councii iviernoer r s Pu zello t s understanding of the special exception is correct Council Meinoer Kuspa noted-that-them is minimal odor from crematories. Ile Qoi111nittee then aiscussea file proposed flag reguiations. rya-. i-'ozo and ms. b ucKer noted mat --slags nave not peek an issue win regard to prooieins. Ivir. rozo staled mat during the Steering Committee meetings it was noted mat alter 9)4.t a car dealership put Amercan fags on draw eacn or file light des to draw attention. T-t was also nutted mat Councii rviemoer Riisrfs has pointed out numerous locations winch would be in vlolakion of ante proposed P ag regulations including me County-City Building wriicn flies an American flag and a St. Josepn County cjag;the downTown post Office which flies an American fiag and a POW-flag;several downtown restaurants;etc. Alter discussion, it was recommended Mat Inc flag`section`1e deleted hUin me new ordinance, anti -Mat irprobieins arose in the future that they would lie addressed at Mat-tine. 1 Mr. Sante voiced concern about tile Council recommending amens hlents to me Bill at tins lace datee. Council Memuer Melly stated slat rile enure Council appreciates ati of the-time and effort wiEiich has gone into the zoning ordinance. He noted -nat tie amendments proposed by the Council are lea onaole and address specific concerns. He recommended -that Ivir. Sante reconsider his porifori, since he believes tnat tile"amendments are going'Co happen`. uotincii rvienmer t uzzeno inquire('aoout tile Danner sign willed is culienuy locate('in tilt tree iawn on sown twain:street at me former social security building,noting mat one ell('rs flea to a tree anti lilt otner to a temporary pole. Ivry. rozo stated mat such a oanner is illegal antler rile current ordinance ana would oe ifiegai antler the new ordinance. vv 4tiu square miles of area to enforce, ne was unaware of tills violation until now. Ivir. rozo also noteu that window signs are auaressea on page J, Y Gi.oi.o.S of tie proposed ordinance and mat pennants are addressed on page i, 1 ne uOmnllttee then discussed the ongoing proofems of outdoor sates of items unrelated tv rile LUSYiiig aiiu i-iiintxaiion i,Jiiiiiiiiiee i'eulualy ii,G.JL1+ ._use Y primary commercial use irom rile pariung lots, especially(luring weeKenus(luring warm weather. Mr. carne state(' mat there is some language in tie propose('oruinance, out Mat mere is a language issue involve('. it he Lonlinittee asKeu inat the sites oi inc language auuressing ails topic oe given to the LouriCli. L:OUilcil IVlemoer ruzzeilo Staten that the Lity 01 iV isllawaKa vas an oruinance auuressing venicies wilicil are not'icemen. Alln-C.41al iNaSll Staten Mat 60uM Dena IO11OWS the State law in tills area an(' UullZcS tie State-s titimiuon Wan inc regttatlons oeing set IIOrtl 111 Li-lap-ter Gil o'1 Me Joum Dena IVlunil;ipat t.uue. lir. v artier note(' alai for Me past Several iliolitrlS, tree LoniMon LOUnclI nits filch to review file aralt Oluillance Wnlcn is Several nttrlurea pages long. 1 nat since ne is Meaner an attorney nor a planner, ne ann me Utley LOttnen rvieinoers nave attempted to review rile entire proposea Oluunance in ilgnt ai specific issues ann Men experience Irani nearing Many rezoning reluUests. lir. vainer VO1Ceu Concern flat IV1r. Jalite iias Staten mat lie Wallin not oe reccniinenuea the propose(' anienuiilents Iavoraoiy to the Area gran L0111ii issloll. tie sullen that ne Wottlu nave rlopeCi mat rile project Wotlin nave Deen a joint erioa Wilere rile Area elan wan anti t.omlliission wool(' oe open to easollaole a111enCilllentS oileren oy me t.uullcll. tie noted mat a consineration amount of time aria Monies nave oeeli Spent an tills project. Dr. v artier 11oteul mat it inc project is riot the result or joint enortS, treat pernapa inc Launch snauin vote rile entire Ururnance uoWn. lir. V artier anneal mat rile Louncii na.s given away atltiollty in file past an(' ma.t ale results Were not I avoraoie. tie SulteCt Mat ne pr eI er eft to solve pal-Dien-1S tugetiler anti to W Or ii iugetller. rV1. anie Staten that rte Wotan new to 1a11i Mill Weir consultant. tie slate(' mat inc issue oi timing governs ins opinion since it arnenaments are mane oy me k. oullcti Mat tirea flan wuuint nave lorty- live (-F)) nays to taKe action anti it trey Can not agree to rile alliencunentS Mat It Wotiit! Men tune DacK to file L0111101 Ion ailotter forty-live(4D) nay S. rile t.O'ltncll Attorney Wien flat tile laity-live ('+D) Clays are maximum persons Ol Mile anti mat a inc Area elan uomnnssloni agree(' wan tie LOUrlcn S proposed anlenulllents Mat they Coma act at melt Meeting 111 lviarcri anal ale()romance woiun men oecolile eliecrive. IVrr. Jculte WS() note(' that mere are some people wno want to rezone uteri trollies anti Mat lie tali mein Mat trey Collin no SO in late January. Dr. Varner noted that that was a false presumption, since-tile Council alas a responsib11�1ty to review Inc alatifiliorouAly. Council Member i elly s1adeci mat it-does not make sense that we are at-ioggei Lads , and itie hoped that-Mr. n'1e Sa Wattle recuilsitiel his rewinmenuatlon and seek Area Plan's approval o the Council's amendineiit' winch he believes are wefl-thought-out and researched. Pie suggesre -Mar We can all work together to get this project done. lir. vanlel Staten Mat Mere must ce sanletiling Digger wnlcn ale Lotinctl is aware a1 for tie unwillingness to lnciuue amendments. L.Olatig anu rinneXat1011 rem y i , 4.A.ny-1. rage.3 Mr. Sante satred Lha( tine projeei has peen ongoing for a year and one-halkand inat now we are down to ine ilaSt len (It.)) days. Wis. Brucker noted`that she is aware oi some people waning to work under the new ordinance with regard to refinancing-Men homes. Dr. Varner suggest-eat-rat we atioptthe amendineA and then uezti Wan bigger pioNeins. Following discussion, Councii iviemoer PuzLeno made a motion, seconded by Council, Member Kelly-that Znu Substuute Bill No. s1-0.3 mirtirtrie amendments discussed today be recommended favorably to Connell. Council Memoer kirsits inquired whether-Me county would be amending-their zoning ordinance. Mr. Sante nott tnat the same consultant has been hired to address the county ordinance. Council rviemper-kuspa trkumed ever yone for tilerr input in getting-this project done. 'There being no furtnei business to come before inc Committee, Council Member kuspa adjourned tne nee meeting at 5:20 p.m. Respectfurry submitted, touneti Menioer Ea-vin kuspa, Cnairperson 'Zoning and Annexation Committee Auaeninenis