HomeMy WebLinkAbout01-23-89 Zoning & Vacation OLo rr gond
ZONING AND VACATION COMMITTEE
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The January 2 , 1989 meeting of the Zoning and Vacation
Committee was called to order by its Chair Person Council
Member Lee Slavinskas at 4:30 p.m. in the Council informal
meeting room.
Persons in attendance included Council Members: Luecke,
Niezgodski, Soderberg, Puzzello, Slavinskas, . Zakrzewski,
Voorde, Coleman, and Duda; Doug Carpenter, Howard Dukes, Ken
Fedder, John Firth, Ann Kolata, David Morris, Mike Danch,
1 and Kathleen Cekanski-Farrand.
The first item reviewed by the Committee was Bill No. 106-88
which would annex into the City of South Bend certain land
located in Centre Township, - St. Joseph County, commonly
referred to as the South East corner of Miami road and Kern
Road.
Mr. Ken Fedder represented the petitioner. He noted that
the corporation was formed in July of 1988. He also noted
that he had met with several neighbors in the area. Mr.
Leroy Troyer, President of the company, would be at the
Council meeting this evening and would have an artist
rendering of the proposed development. The area in question
contains 78.22 acres which is now vacant.
The Committee also reviewed Resolution No. 89-18 which would
adopt a written fiscal plan establishing a policy for the
provisions of services to the area commonly known as Miami
and Kern Roads. It was noted that Bill No. 120-88 which is
a substitute bill to rezone the area in question would be
continued for a 60 day period in light of the Indiana law
addressing rezonings of annexed areas. Several questions
were raised by Council Members Slavinskas and Luecke and Mr.
Fedder noted that the developer has been most cooperative
throughout this project.
The Council Attorney noted that the Council should act under
a suspension of the rules to hear Resolution No. 89-18 first
before it takes action on Bill No. 106-88 at the regular
meeting of the Common Council this evening. It wasp also
noted that Bill No. 120-88 should be continued until April
10, 1989.
Following further discussion Council Member Coleman made a
motion seconded by Council Member Luecke that Bill No. 106-
88 and Resolution No. 86-18 be recommended favorable to
Council. The motion passed.
The Committee then reviewed Bill Noe 3-89 which would annex
property located in Penn Township to the City of South Bend.
Mr. Mike Danch represented Relative Real Estate Management,
nd Vacation Committee 1-23-89 Page 2
Inc. He noted that the first phase would be single family
and that the second phase would be multi-family. He showed
a preliminary development plan and stated that the area
would be connected to the City of South Bend by water and
sewer. He further noted a 5 to 10 year development plan for
all phases with the houses ranging in price from $75,000 to
$90, 000 plus and the condominiums ranging in place from
$75, 000 to $80, 000. He also noted that the developer would
provide exceleration in de-exceleration lanes.
Council Member Slavinskas questioned the drainage and road
development plans and also questioned the Fire Station needs
in the area. It was noted that the rezoning would be acted
upon the a separate bill. Council Member Slavinskas stated
that he has serious concern over the side and scope of the
development and
p its impact on the surroundin g neighborhood.
Council Member Puzzello 11 stated that she expects the
developer to work directly with the District Council Member
namely Council Member Slavinskas. Council Member Coleman
also suggested that the developer work directly with the
neighborhood with regard to the issues raised.
Following further discussion Council Member Puzzello made a
motion seconded by Council Member Coleman to recommend Bill
No. 3-89 favorably to Council. The motion passed by a 2 to
1 margin with Council Member Slavinskas in the minority.
The Committee then reviewed Substitute Bill No. 107-88 which
would amend the zoning ordinance for property located at the
South West corner of Sample and Mayflower Roads owned by
Greenbrook Estates. Mr. John Firth, an Attorney, noted that
it would be a two-phased development with the first phase
being a convenience and gas station with a car wash and the
second phase being a small strip shopping center. He noted
that the developer has 15 similar establishments in Elkart
County and has operated them for the past 9 years. He
stated that his client would like to have two developments
in St. Joseph County. He also noted that the Area Plan
Commission gave a favorable recommendation without
remonstrance at its meeting of December 20, 1988.
Council Member Zakrzewski, the District Councilman, stated
that he had received no contact from remonstrators on the
project. He also requested a preliminary cite plan and a
copy was left with Council Member Zakrzewski.
Following further discussion Council Member Coleman made a
motion seconded by Council Member Soderberg that Bill No.
107-88 as substituted be recommended favorably to Council.
The motion passed.
The Committee then reviewed Bill No. 110-88 which would
amend Chapter 6 of the South Bend Municipal Code by adding
new Article Three entitled "Development Design Review" and
Ad Vacation Committee 1-23-89 Page 3
amending certain sections of Chapter 21 in the Zoning
chapter. Ann Kolata stated that the Design Review Committee
would review exteriors and cite plans, parking, and
landscaping. The ordinance sets forth in place an overlay
project for approval before a building permit would be
issued. The overall goal of the ordinance would be to
insure the quality of the investment of both public and
private monies. She noted that currently there is nothing
in the law that would prohibit a steel structure to be built
in the downtown area. She noted that the area plan
commission voted favorably on the proposed bill.
Council Member Luecke noted that the Center City Associates
was in favor of the proposed bill. Following further
discussion Council Member Coleman made a motion seconded by
Y
Council Member Puzzello that Bill No. 110-88
be recommended
favorably to Council. The motion passed.
Council Member Slavinskas noted that he had voted against
the Bill at the Area Plan Commission meeting, however, since
then he has received additional information and would be
voting in favor of it this evening.
The Committee then reviewed Bill No. 104-88 which would
amend Chapter 21, Article I, Section 21-1 by amending the
definition of controlled uses. Council Member Slavinskas,
the sponsor of the Bill noted that he would be giving a
presentation on the Bill and then would be withdrawing the
Bill in light of the fact that it does not have a backing of
the majority of the Council at this time.
There being no further business to come before the Committee
the meeting was adjourned at 5:45 p.m.
Respectfully submitted,
Council Member Lee Slavinskas, Chair Person
Zoning and Vacation Committee
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