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HomeMy WebLinkAbout02-02-04 Zoning & Annexation tontittittte import Zoning anZy snit xation Qtommttt The February 2, 2004 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4:02 p.m. p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Kelly, White, Dieter, Pfeifer, Kirsits, Puzzello, and Kuspa; Area Plan Executive Director Robert Sante, Area Plan Assistant Director John Byorni, Jeff Myers,Brent Bajdek, Bill Schalliol, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa stated that the Committee is composed of himself as Chairperson, Council Member Ann Puzzello as Vice-Chairperson, and Council Members Kelly and Coleman. Council Member Kuspa noted that this meeting is a continuation of the discussion of the 2nd Substitute Bill No. 81-03, which is the proposed new zoning ordinance. He noted that at last week's committee meeting several items were raised to be further discussed. He noted that the first item was the proposed flag regulations, however no one from the City Administration was available to address this area He then provided copies of the following handouts to the Committee, namely: 1-page list of terms currently defined in the zoning ordinance which do not appear in the new ordinance; 1-page addressing definitions from the Title 9 of the Indiana Code addressing motor vehicle definitions and in particular "bus, recreational vehicle, truck-tractor, and truck-tractor-semitrailer-semitrailer", 1-page setting for the Baker & Daniels web address and listing of neighborhood areas, and the revised proposed language to § 21-01.02 Zoning Districts and Zone Map addressing "Official Zone Map Amendments Incorporated in Geographic Information System (GIS) (copies attached). The Council Attorney noted that the revised handout addressing GIS resulted from a meeting of a representative from the City's GIS Bureau and Council Member Puzzello, noting that the language is similar to that which is in effect in the City of Bloomington for the past 9 years. Robert Sante, Executive Director of Area Plan, then provided an 8-page handout (copy attached). He noted that the Area Plan Commission gives the Area Plan staff its "marching orders". He stated that the staff has worked on the draft ordinance for the past 1 1/2 years. He then reviewed his comments to each of the proposed items from the last Committee meeting and summarized his comments to each proposal which are in italics on each of the pages. He stated that the staff is "willing and anxious to serve"but does not want the proposed amendments in the ordinance. Council President White noted that the guiding principle behind the proposals were to make sure that the latest of technology would be used for informational perspectives. She added that the Council was looking at what other cities were doing and how we can incorporate similar technology. Council Member Pfeifer noted that often times staff members would like to be more creative and far reaching but often a board holds them back. She suggested that techniques to encourage new technologies. She stated that the city and county are lacking in this area and that we must always look at better ways to serve the public. Mr. Sante stated that he would prefer that the requests in the technology area be made by the Council to the Plan Commission for their permission, and if they say no then it cannot be done. He noted that the City of South Bend has five (5) members on the Area Plan Commission. He further noted that Mishawaka and Walkerton. He stated that they are a$200,000 enterprise, with " Zoning and Annexation Committee February 2, 2004 Page 2 the majority of that amount being paid by the county. Their budget for 2004 was decreased and acknowledged that they are behind in technology. Council Member Dieter inquired as to how many of the five (5) suggestion areas of new technologies would be on the Area Plan Commission's website. Mr. Sante stated that they will be on-line in a couple of weeks. He noted that staff reports and hearing results(#2) would be available, but was uncertain of the timetable for the exact availability of the information. He noted that zoning overlays are months away. He stated that he believes that there is permit software but that it may not be suitable. He noted that the 3-dimensional architectural computer modeling is "quite a way out",however they will utilize aerial photographs. Council Member Dieter noted that the aerial photo system was shown by Project Future. Council Member Puzzello noted that in light of information not being made available,that there are problems with portions of the proposed new ordinance. She noted that many of the Council Members do not even have access to a hard-copy of the South Bend Municipal Code. She thanked the staff for putting the Councilmanic District lines on the map. She stressed the need to have accessibility to information and why certain items are in the draft and why other items are not. She noted that when she met with Deb Martin (Manager of the City's Bureau if GIS) last Friday that she indicated that the software is compatible, but that she was unaware of the proposed zoning ordinance and the map that was generated by Area Plan. Mr. Sante stated that he met with Deb Martin last Friday and that the draftsman in their office returned to work today. He noted that Deb Martin would do the District Maps which have been requested by the Council Members. Mr. Byorni noted in response to a question from Council Member Dieter that many agencies would be using the permit system and believes that Deb Martin would be responsible for its operations. It was noted that there have been problems with county and city systems not talking to one another. Council Member Dieter noted that there would be advantages to having the permit system hooked up so that the Council Members could also access information, such as receiving a history of a property. Mr. Sante stated that there would be uploads onto the GIS system as there are changes. He questioned the need for the proposed language in the Official Zone Map Amendments (§ 21- 01.02), noting that the entire process takes approximately three (3) months and that he is the custodian of the official zone map. Council Member Puzzello noted that need for preliminary site plans for the Council and how beneficial they are to the Council. Mr. Byorni stated that language has been proposed on page 15 of§ 21-09.05. Mr. Sante questioned whether the Council needed eleven (11) copies as proposed in the draft amendment(§ 21-09.05(e)(2)(A). Council Member Pfeifer noted that often a constituent will call and they expect a Council Member Zoning and Annexation Committee February 2, 2004 Page 3 to have information. She stated that each Council Member should have a preliminary site plan. Mr. Sante noted that the proposed draft does not call for notice to property owners within 300' of the subject property. He suggested that if a location map is to be required that it have a ratio of 50' to an inch. Mr. Sante stated that Partnership Centers do not receive notice of proposed rezonings currently. Council Member Pfeifer stated that she would like the Partnership Centers to receive notice. The Council Attorney noted that the proposed draft on "Zone Map Amendments" 5 (A) would require notice to any of South Bend's Neighborhood Based Organizations, which would include the Partnership Centers. Council Member Puzzello noted that she sits on the Northeast Center Board and does not recall receiving notice of a proposed rezoning. Jeff Myers noted that Area Plan works with the planners when a rezoning ordinance is filed. Mr. Sante stated that he has no problem with the District being included in the title, however opposed having such regulations being a part of the ordinance. The Council Attorney stated that the proposed language was prepared in consultation with the City Clerk's staff who are on the front-line when a person files a zoning ordinance. The proposed language was to streamline the process so that a petitioner could see what was required and the process from filing & notice to hearing before the Area Plan Commission, the Zoning and Annexation Committee and the Common Council. Mr. Sante stated that he would want site plans for multi-family developments, but not single family. Council Member Puzzello asked for a further explanation on the proposed language addressing crematoriums. Mr. Byorni stated that it would require a special exception and a site plan would be required. He noted that special exceptions would have public hearings before the Board of Zoning Appeals and the Common Council. Mr. Sante stated that he has problems with the Area Plan staff having to provide minutes to the Council prior to the Council taking final action, citing the problems with projects that are "fast- tracked". The Council Attorney noted that there were limited requests for "fast-tracked rezonings", and inquired whether the portion of the minutes for those could be made available on the Monday in which the Council would hold its hearing. Mr. Byorni stated that he has a problem with 9 (B) and that it should address just the 1st regular meeting. . Zoning and Annexation Committee February 2, 2004 Page 4 Mr. Sante stated that the proposed language in 5(I) is not consistent with state law with regard to the role of the Council on zone map amendments. The Council Attorney stated that she was at two(2) video conferences where attorneys from Baker and Daniels in Fort Wayne and Indianapolis, along with Mr. Sante, Mr. Byorni and other staff members. She noted that the conferences resulted in the attorneys disagreeing with regard to the interpretation of state law. She noted that the proposed language is similar to other cities and counties who have had their zoning codes rewritten as late as 2002. Mr. Byorni stated that he thought that the conferences ended with each counsel holding to their respective opinions, and that the Area Plan staff would not challenge the Council Attorney's interpretation. Mr. Myers noted that there are separate procedures set forth for zone maps, text amendments and replacement zoning amendments. He sees the "useful vision of the Area Plan Commission" and that there would be"cooperative efforts"made. Council Member Puzzello noted that she has several questions with regard to language proposed addressing residential districts. Council Member Pfeifer noted that two years ago the Council did not have sufficient information with regard to a topic,and that the Council tries to get as much information as possible so that they are not frustrated, so that the public is not frustrated and so that there is better accountability. The Council should not feel rushed or disloyal by making demands for more information. The Council needs information so that they can make good informed decisions. Mr. Sante suggested that perhaps a meeting could be held during the time between the Area Plan Commission meeting and the Council meeting. Council Member Kelly offered to give updates to the Council, in his role as the Council's representative on the Area Plan Commission. Council Member Kuspa stated that he is considering suggesting a special Council Meeting on February 18th, but will discuss it further with the Council President. Mr. Sante agreed with the Council Attorney that February 18th is the 90th day and therefor the last day which the Council can take action on the zoning ordinance. Mr. Sante requested to be updated on when the public hearing will take place so that he can update the consultant in Indianapolis. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 5:12 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments