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HomeMy WebLinkAbout01-23-89 Zoning & Vacation OLo rr gond ZONING AND VACATION COMMITTEE to tilt &mon Qio*uutl of tilt Etta of Booth Snit 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 LS:srk •