HomeMy WebLinkAbout05-22-95 Zoning & Annexation ' f
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Zoning and Annexation Committee
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The May 22, 1995 meeting of the Zoning and Annexation Committee was called to
order by its Chairperson, Council Member Lee Slavinskas at 3:53 P.M. in the Council
informal meeting room.
Persons in attendance included Council Members: Luecke, Kelly, Puzzello,
Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; T. Brooks Bradamas, John
Byorni, Mitch Heppenheimer, Ann Kolata, John McNamara, Cheryl Little, Eugena
Schwartz,Don Porter, and Kathleen Cekanski-Farrand.
Council Member Slavinskas noted that Resolution No. 95-40 which would adopt
and approve a historic plan would be continued until the Council meting of June 12, 1995
to allow a separate meeting on that Resolution. He noted that he would be calling that
meeting for June 6, 1995.
The next item on the agenda was Bill No. 6-95 which is a rezoning request along
Mayflower Road. Mr. John Byorni showed the site plan to the Committee.He noted that it
comes to the Council without recommendation from the Area Plan Commission since there
were not enough votes for such a recommendation.
Mr. Mitch Heppenheimer, the attorney for the purchasers then made the
presentation.He noted that the area in question is 1.6 acres with 51% for storage units and
48% for paving and driveway. He stated that there would be three phases with this being
phase one of approximately $360,000.00 to $400,000.00. The hours would be 6:00 A.M.
to 6:00 P.M. and there would be perimeter fencing.He also noted that there would be a 36
inch evergreen hedge on the west side. There would be no utilities to the bays, there would
be security lighting only,there would be no storage outside of the bays,and there would be
no vehicle storage.
He noted that the perspective purchasers namely Steve Tatay and Steve,Beiler own
other businesses and are well respected within the community. He stressed that this the
"best and highest use" in his opinion for the property. He stated that it would generate
about$14,000.00 in real estate taxes and is within the second district. He stated that he has
met with the neighbors and none of them are here today.
Mr. John Byorni noted that the staff recommendation was unfavorable. He noted
that it is not an intensive use but the staff's concern is over designating it as "D" light
industrial in light of the adjacent residential properties.
Council Member Coleman stated that he believes that this rezoning is
distinguishable from the Sample Street and Portage Ave. rezoning since this property is
currently is zoned "C" commerical. He sees this property as the "acid test". Council
Member Luecke stated that he would need to review screening requirements in light of
Council Member Slavinskas' suggestion that perhaps this type of use is better suited for a
"C" commercial use as opposed to a "D" light industrial use. Council Member Luecke
stated that he would need to review several other items further before he could make a
commitment. He too is concerned about such uses as body shop, car sales, in "C"
commercial.
Committee Report
Zoning and Annexation
May 22, 1995
Page 2
Council Member Coleman noted that the concern of the staff to"D"light industrial
may be precedent setting and should be a concern. Council Member Zakrzewski agreed
with Council Member Coleman that the next Council may not have the historical
background with regard to land use planning. He is concerned about "D" light industrial
near residential areas and very concerned over having slats used in the fences since he does
not believe that this is opaque. He finalized his comments stating that this is an excellent
example of"spot zoning". Council Member Duda noted that this a low intensity use but had
concerns with regard to the proposal.
Following discussion, Council Member Puzzello made a motion, seconded by
Council Member Slavinskas that substitute Bill No. 6-95 be recommended favorably to
Council . The motion passed by a 3 to 2 vote with Council President Ladewski casting the
deciding vote.
The Committee then reviewed Bill No. 21-95 which is a Bill to amend Chapter 21
of the zoning code regarding rezoning procedures. Mr John Byorni of the Area Plan Staff
made the presentation. He stated that both the County and the City would have similar
Ordinances in effect if this Ordinance is passed. He noted that the Ordinance proposes that
the staff would approve the final site plan as opposed to the Area Plan Commission. There
would be no public hearing and no public input. Currently the process takes approximately
3 to 6 weeks.The staff would review the preliminary site plan,the zoning and the drainage
all of this could be done in approximately 7 days. He noted that there is also a procedure
with regard to a "revised final site plan" in the Bill. He noted that it can go to a
subcommittee of 3 elected officials.Currently it is a"rubber stamp process" by the Area
Plan Commission of final site plans.
Council Member Slavinskas noted that as a Member of the Plan Commission for
several years that he believes the current process is not fair to the petitioners and believes
that the Ordinance is a step in the right direction.
Council Member Luecke stated that he believes that the proposed Ordinance is very
appropriate and that it would show that South Bend is"builder friendly". Council Member
Coleman agrees with the Ordinance and believes that it would help speed up the overall
process. Following discussion, Council Member Luecke made a motion, seconded by
Council Member Coleman that Bill No.21-95 be recommended favorably to Council. The
motion passed.
There being no further business to come before the Committee the meeting was
adjourned at 4:27 P.M.
Respectfully submitted,
Council Member Lee Slavinskas, Chairperson
Zoning and Annexation Committee
Attachments