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HomeMy WebLinkAbout06-14-04 Zoning & Annexation Zoning and Annexation Committee Committee Report The June 14,2004 meeting of the Zoning and Annexation Committee was called to order by its Chairperson,Council Member Ervin Kuspa at 4:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter,Pfeifer,Kelly,Puzzello, Varner,Kuspa,White and Coleman;City Clerk John Voorde,Planner Jeff Myers,Larry Magliozzi,Aaron W. Blank,Terry Bland of the South Bend Tribune and Kathleen Cekanski-Farrand,Council Attorney. Council Member Kuspa noted that the Zoning and Annexation Committee Members include Council Members Puzzello,Kelly, Coleman and himself. Council Member Puzzello noted that she has resigned as a formal member of this Committee while Fire Negotiations are being conducted so that there will not be a majority of any standing committee present during negotiations,noting that she will re-join the committee membership once the negotiations are over. Council Member Kuspa noted that Bill No. 28-04 which is an annexation and zoning request for the 21300 block of Cleveland Road and 52804 Lynnewood Avenue needs to be continued to the Council meeting of June 28,2004. The Council Attorney noted that the delay is necessary so that proper legal publication may take place. Council Member Kuspa then called for a presentation on Bill No. 04-60 which would adopt a written fiscal plan and establish a policy for the provision of services to an area in Penn Township commonly known as the"Alway Development Corporation Annexation Area. Larry Magliozzi of the Department of Community&Economic Development made the presentation on Bill No. 04-60. The area in question is 36.82 acres. He then summarized the Fiscal Plan(copy attached)and concluded that the proposed annexation meets all requirements of Indiana state law. He noted that the Alway Development Corporation is proposing a single family subdivision to be called"Deer Hollow"which will consist of 36 homesites. It is located in the 5th Councilmanic District and located near Staffordshire and Stonehedge. There will be development costs to the city related to sidewalks, street lights, etc. The bill was originally filed as a voluntary annexation however since a 3-year graduated tax abatement is provided for involuntary annexations along with 5-year residential tax abatements,the bill has been refiled as an involuntary annexation. The remonstrance period will in turn be extended by 30 days for a total of 60 days with the effective date being the first week in September. Dr. Varner noted that the Stonehedge Subdivision had water extended to it in the 1980's, and that Staffordshire is in the city limits but that not all of Stonehedge is in the city limits. Mr. Magliozzi noted that both water and sewer service has been extended to the church located hear the area. He added that the area would be part of Police Beat# 15,and would be serviced by Fire Station# 10,with Fire Station#8 being the back up. Zoning and Annexation Committee Committee Report Council Member Dieter noted that the police beat is already overextended in this area. He stressed the need for a time table on restructuring the police beats,noting that many of the police beats are already extended too far and that the Chiefs need to address this growing concern. Dr. Varner suggested that this issue be discussed in detail during the budget review. Council Member Kuspa opened the hearing to the public. No one spoke in favor or opposed to the bill. Council Member Kelly then made a motion, seconded by Council Member Coleman that Bill No. 04-60 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Substitute Bill No. 30-04 which would annex and bring into the city certain land contiguous to the city limits located in Penn Township which is south of Jackson Road and 1/4 mile east of Ironwood Road located behind Stonehedge Subdivision. Council Member Coleman made a motion,seconded by Council Member Kelly that the Committee accept the substitute version of Bill No. 30-04. The motion passed. Aaron W. Blank,Project Manager with Abonmarche Consultants,LLC located at 750 Lincoln Way East in South Bend made the presentation. He noted that the proposed development will be totally residential with lot sizes ranging from.3 of an acre to 6 acres. Sidewalks, streets, storm drainage and retention will all be built pursuant to city standards. Dr. Varner asked is there has been preliminary approval and was advised that there was. Dr. Varner then asked for copies of the preliminary site plan to be brought this evening. Council Member Kuspa opened the hearing to the public. No one spoke in favor or opposed to the bill. Council Member Coleman then made a motion, seconded by Council Member Kelly that Substitute Bill No. 30-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 31-04 which would amend Chapter 21 of the South Bend Municipal Code addressing the new zoning regulations. Jeff Myers, a Planner with Area Plan,noted that the Area Plan Commission sponsored the bill which would make a series of text amendments to the new zoning regulations. Some of the text amendments address flood plains,historic preservation,cross-references and active or passive parks. He further noted that the Area Plan Commission held a public hearing on May 3, 2004 and sends Bill.No. 31-04 to the Council with a favorable recommendation. Zoning and Annexation Committee June 14,2004 Page 2 Zoning and Annexation Committee Committee Report Council Member Pu72ello inquired about active and passive parks. Mr.Myers stated that public parks may be active where there may be ball parks,etc or passive where there are no active uses such as ball parks. Private parks must be passive. Council Member Kuspa opened the hearing to the public. No one spoke in favor or opposed to the bill. Following further discussion,Council Member Kelly made a motion,seconded by Council Member Coleman that Bill No. 04-50 and Substitute Bill No. 31-04 be recommended favorably to the Council. The motion passed. Under miscellaneous business, Council Member Kuspa noted that there is a growing need for more beat cars. There being no further business to come before the Committee,Council Member Kuspa adjourned the meeting at 4:18 p.m. Respectfully submitted, Council Member Ervin Kuspa,Chairperson Zoning and Annexation Committee KCF:kmf Attachments Zoning and Annexation Committee June 14,2004 Page 3