HomeMy WebLinkAbout03-28-89 Zoning & Vacation Ol ununtfl n &part
ZONING AND VACATION COMMITTEE
QJu nit aiouunoa Council of ter Qtttij of boidli nib
The March 28; 1989 meeting of the Zoning and Vacation
Committee was called to order by its Chair Person Council
Member Lee Slavinskas at 3 : 30 p.m. in the Council informal
meeting room.
•
Persons in attendance included Council members: Voorde,
Slavinskas, Niezgodski, Luecke, Soderberg, Duda, and
Puzzello; Doug Carpenter, citizen member, John Leszczynski,
Carolyn Pfotenauer, Larry Vanosdol, William Farabaugh,
Howard Dukes, James Knepp, Roger Stauffer, James Cook, Rick
Pitts, Larry Koepfle, members of the news media, and
Kathleen Cekanski-Farrand.
Council Member Slavinskas noted that the item on the agenda
was to . review Bill No. 8-89 which is a voluntary annexation
addressing varipus property located within Clay Township.
•
Mr. Larry Vanosdol, a registered land surveyor representing
Miller Buildings, Inc. , gave the presentation. He was
assisted by his staff and provided aerial photos and
proposed plat drawings of the area in question. He noted
that the proposed annexation is located near the
. intersection of Hepler and Hickory Roads. Approximately 82
lots for single family development on the approximate 23
acres of land was proposed. It was also noted that the
homes would cost between $85,000 to $95, 000. It was also
noted that a home association would be recommended.
Mr. William Farabaugh, an Attorney representing four of the
sellers, also spoke in favor of the proposed Bill. Mr.
James Knepp, representing Roger Stauffer, voiced concern
with regard to the 1. 15 acres which would become landlocked
if the proposed annexation would be passed.
The Council Attorney then reviewed the memorandum addressing
the issues of specific conditions set forth in paragraph 4
of the petition as well as the proposed impact to the
landlocked area (copy attached) . Mr. Leszczynski noted that
Mr. Stauffer's area would basically have the "best 'of both
worlds since for all practical purposes the City would be
responding and providing services to the land-locked area
and he would note be paying City taxes. Council Member
Niezgodski questioned whether the City could annex the 1.15
acres into the City and was advised that it could.
In response to a question raised by Council Member Voorde it
was noted that the plat committee would review the design
requirements and whether the proposed project met all proper
drainage and subdivision ordinance requirements. It was
also noted that the minimum City lot size is 6, 000 square
Zoning and Vacation Committee 3-28-89 Page 2
feet. Council Member Puzzello stated that she believes that
Hepler Road would need to be improved based on the density
of the proposed project. Mr. Leszczynski stated that the
City would develop the South side and may require the
developer to develop the North side of Hepler. It was also
noted that the plan could be adopted by the plat committee
prior to the passage of the annexation ordinance.
The Council Attorney noted that the Council has a maximum of
sixty (60) days to act upon the petition for voluntary
annexation, thus allowing a continuation to April 10th. In
this way the plat committee could review the proposed
project and take action.
The Committee also reviewed Resolution No. 89-31 which was a
resolution adopting a written fiscal plan establishing a
policy for the provision of services to an annexed area.
Mr. Leszczyski noted that the annexation would not create an
additional burden to the City of South Bend. He noted,
however, that if the plan was fully developed that there may
be an additional cost to the City of approximately $25, 000
per year to provide policy protection to the proposed
annexed area.
In response to a question raised by Council Member Luecke it
was noted that the developer would pay all costs to connect
to utilities of the City which are approximately 600 feet
from the site. It was also noted that the plat committee
would be meeting on April 6th.
Following further discussion Council Member Luecke made a
motion seconded by Council Member Coleman that Bill No. 8-89
be continued until the meeting of April 10, 1989. The
motion passed.
Mr. Larry Koepfel of the Economic Development Department
requested that Bill No. 18-89 which would vacate various
property east of the East Race be continued until its
meeting of April 24, 1989. Council Member Coleman made a
motion seconded by Council Member Voorde that Bill No. 18-89
be continued until the April 24th meeting. The motion
passed.
The Committee then reviewed Substitute Bill No. 19-89 wich
would various property located on West Wayne Street. Mr.
James Cook, a developer and President of Center City
Associates, Inc. presented the Bill. He noted that the
overall purpose of the vacation would be to allow the
construction of a green house type seating area for an
ajacent restaurant. He noted that the substitute bill
included a new section 5 which incorporated a reversionary
clause which would make the vacation void if the property
ceased to be used as a green house seating area for the
restaurant thus reverting to the public right-of-way status.
Zoning and Vacation Committee 3-28-89 Page 3
He noted that this type of development in this area of the
downtown would have many positive benefits. Mr. Rick Pitts
of the Department of Economic Development spoke in favor of
the Bill.
Following further discussion Council Member Coleman made a
motion seconded by Council Member Luecke that Substitute
Bill No. 19-89 be recommended favorably to Council. The
motion passed.
There being no further business to come before the committee
the meeting was adjourned at 4:20 p.m.
Respectfully submitted,
Council Member Lee Slavinskas, Chair Person
LS:srk
Attachment