Loading...
HomeMy WebLinkAbout10-26-87 Zoning & Annexation 01 ollt ttiitnn arm! ZONING AND VACATION COMMITTEE F i to tilt Mammon OIonttctl of tip Qtttg of Boats iinib The October 26, 1987 meeting of the Zoning and Vacation Com- mittee was called to order by its Chairman, Councilman John Voorde, at 4 :30 p .mi. in the Council Informal meeting room. Persons in attendance included Councilmen: Serge, Barcome, Voorde, Puz.- zello, Beck, Taylor, Paszek, Braboy, and Zakrzewski; Citizen member Doug . Carpenter, Mike Danch, Mr. William Dunfee, Mr. Greg Burnsight, Mr. Jerry Ujdak, Mr. Dave Waszak, Mr. Harold Acton, Mr. Jim Wensits, and Kathleen Cekanski-Farrand. Councilman Voorde noted that the first item on the agenda was to review Bill No. 100-87, which would annex and bring in to the City of South Bend, certain property located in Centre Township, St. Joseph County, Indiana. Mr. Mike Danch of Pierce and Associates, made the presentation on behalf of the Petitioner. Mr. Danch showed a preliminary sight plan of the pro- posed annexation. He noted that the proposed C-1 re-zoning, which is a separate petition, would allow for the development of a funeral home, a branch bank, an office structure, and a library. He noted that he had an amended petition with regard to the annexation to be filed. • Councilman Taylor, District Councilman for the area, stated that the area in question abutts a very nice residential area along Miami Street. He stated that he believes the residents in the area-need more of a protec- tion than a "C° re--zoning. He believes that the proposed annexation and re-zoning would open the door to future problems. He noted the problems with the Ireland Road development, and that there were several opportun- ities which could be developed along that area. Councilman Taylor further noted that in his opinion, the proposed annexation should be continued until the actual re-zoning for the area in question is also heard by the Council. Councilman Taylor stated that the proposed development would be an example of spot commercial zoning. Councilman Barcome noted similar concerns as Councilman Taylor. He stated that he was involved back in 1982 when Ireland Road development began. He stated that there were several problems and that currently there are many problems which the city must address, such as street lights, enlarg- ing of the roads, etc. He stated that the current roads cannot handle the current conditions, let alone a commercial development. Councilman Barcome further noted that he and Councilmen Taylor and Voorde have been working very hard to get a street light installed along Miami Street, but that the actual installation is over a year away. He further stated that he did not want to have problems like those along Grape Road, and that the road development was critical. Mr. Danch stated that he would be in favor of hearing both the annexation ordinance as well as the re-zoning ordinance at the same time in December. • /w RR •w[RR wt w PUSI.IRNIN9 CO. Zoning and Vacation Committee Minutes/October 26, 1987 Page 2 Following further discussion by the Committee members, Councilman Tay- lor made a motion seconded by Councilman Beck, to continue Bill No, 100-87 to the meeting in December, when the Common Council would hear the for the area in question. Councilman Voorde noted that the projected date of that meeting would probably be December 7, 1987. Following further discussion, the Committee voted in favor of the mo- tion. Mr. Danch then identified Mr. William Dunfee, and Mr. Greg Burnsight, partners..of the proposed development. It was noted by the Chairman, Councilman Voorde, that the update that will be given to the Council will note that the petitioner requested that the ordinance in question, namely Ordinance No. 100-87 be continued until the December meeting. Following further discussion, Councilman Taylor made .a motion seconded '. by Councilman Beck, that the Zoning and Vacation Committee write a let- ter to the Area Plan Commission stating that at the current time, and based on the current information made available, that the proposed .re- zoning for the area in question be recommended unfavorably. Councilman Taylor noted that he has been receiving strong comments and feelings against the proposed re-zoning. Councilman Beck noted that she also opposes the library in this particular section of town. Following fur- ther discussion, the Committee voted unanimously in favor of sending such a letter to the Area Plan Commission. Councilman Voorde then asked all those present who opposed the proposed annexation be accounted for, and these individuals included: Mr. Jerry Udak, of 5240 Miami, Mr. Dave Waszak, of 5614 Miami, Mr. Harold Acton, of 5308 Miami. Councilman Taylor also suggested that Mr. Dunfee meet with the area res- idents on an ongoing basis, to discuss the proposed project since there is considerable opposition to it at the present time. Councilman Voorde then noted that. the second item to be discussed by the Committee was Bill No. 104-87,. which is a bill to amend. Chapter 18, Ar- ticle 5, commonly known as "Procedures for Vacation of Public Way and Public Places." Councilman Voorde noted that the proposed bill was being jointly sponsored by 'Councilmen Barcome and Serge. Councilman Serge noted that people are benefiting from Vacation of Public Ways, and that in many situations the land involved is quite valuable. He stated that in his opinion, the City should receive reasonable com- pensation. Councilman Barcome noted that the Council has approved such vacations for both hospitals, the South Bend Tribune, and water front' property that was Zoning and Vacation Committee Minutes/October 26, 1987 Page 3 very valuable. He felt that a fair cost should be paid since going on the tax roles was not enough.. Councilman Taylor stated- that the bill raises a fine point, however, questioned how the city would deal with urban renewal, since alleys did not represent good city planning. Councilman Voorde stated that he shared the same opinion. with regard to areas where the city is trying to make a good faith effort for renewed . development. Councilman Beck questioned how this would effect situations where the proper .information:-was not recorded, - The Council Attorney noted that the law regarding vacation of public property has been an evolving law. In the. past, the Circuit Court was the proper-:body to handle such pro- posed vacations, and in.;turn this was amended for the City Council to have. .such authority. The Council Attorney noted that she could prepare the necessary amend- atory .language to exclude the city or a department or bureau thereof from;.the cost involved when proposing .a vacation of public property. Sh.e. also noted that the three hundred (300) foot requirement with re- gard to notification, was also_ a new: provision of the bill. Following further discussion by the Committee,- Councilman Puzzello made a motion seconded by Councilman Beck, that Bill No. 104-87 as to be amended by the Council Attorney, with regard to the waver of the cost to the city be_recommended favorably to Council. The motion passed unanimous- ly. Therebeing no further business to come before the Committee, the meeting was adjourned at 5;10 p.m. Respectfully submitted, Councilman John Voorde, Chairman