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HomeMy WebLinkAbout09-09-96 Zoning & Annexation �Commfttss sport: Zoning and Annexation Committee ITo the common etountf1 of Os !City of foutb sub: The September 9, 1996 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Tom Zakrzewski at 4:05 p.m. in the Council informal meeting room. Persons in attendance included Council Members: Luecke, Kelly, Varner, Zakrzewski, Coleman, Broden, Washington, and Pfeifer; Mike Beitzinger, Phil St.Clair, Steve Krupnik,Doug Carpenter,John Ford,Larry Magliozzi, John Byorni,David Duvail,Ernie Szarwark,Don Porter,Ed Talley,and Kathleen Cekanski-Farrand. The first item on the agenda was to review Bill No.73-96 which would annex into the City certain territory located in Clay Township commonly referred to as the"Ironwood North Annexation". Mr. Larry Magliozzi made the presentation. He noted that Resolution No. 96-87 is the fiscal and is almost identical to the last presentation except for minor changes regarding the fiscal impact on Page 9 (copy attached). He noted that the new legal description in the Ordinance contains all public right-of-way per the current State law. All property owners were notified as well as the two remonstrators. Following further discussion, Council Member Luecke made a motion seconded be Council Member Varner that Bill No. 73-96 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 58-96 which is a request to rezone the property located at 1072 through 1078 Lincolnway East. Mr. John Byorni provided a copy of the preliminary site plan. He noted that the Area Plan Commission sends it to the Council with a favorable recommendation. Mr. John Ford then made the presentation on behalf of the Petitioner. He noted that this would permit the addition to Red's Pawn Shop and would allow the building of several storage buildings in the rear of the property. He noted that in light of Bowman Creek, I & M easements and other restrictions, that the number of buildings will be decreased. In response to a question raised by Council Member Varner and Council President Kelly regarding ingress and egress it was noted that the Engineering Department did not have a problem with the proposed site in traffic counts. Mr.Krupnick, one of the Petitioners,noted that Brook Street is a possibility but at this time it will not be available for ingress and egress. It was noted that the Petitioner would file a fmal site plan which would control. It was also noted by the Petitioner that Mr. Carter Wolfe of Center Ci ty Associates voiced concern with regard to the designation of"D Light Industrial". Mr. John Byorni stated that the staff had concerns with regard to this however noted that currently the City Code requires D Light Industrial for storage facilities whereas the County only requires C Commercial. Mr. Krupnick further noted that in light of all of the development on the frontage to Lincolnway that the Petitioner would be prohibited to do any further development here because of parking restrictions and easements. Council Member Pfeifer noted that currently there is a lot of debris and low maintenance which should be improved. The Petitioner stated that landscaping would be a part of the overall improvement. In response to a question raised by Council Member Luecke it was noted that the rezoning is needed and the enlargement due to the growing business. Council Member Luecke noted undeveloped area in question has no practical use and he is concerned about the potential congestion however believes that there are other safeguards to control these concerns. It was further noted in light a question raised by Council Member Luecke that the"E"height and area in light of the setback requirements. IFI'"-------'-------------- Committee Report Zoning and Annexation Committee September 9, 1996 Page 2 Citizen Following further discussion,that Substitute Bill No. 58-96 be re�commendedfavorably to Member Doug Carpenter III Council. The motion passed. The Committee then reviewed Substitute Bill No. 60-96 which is a bill would adopt a new set of zoning maps for the City. Mr. John Byorni made the presentation. He showed a and then a page from the Separate Height and from the current Book of Zoning Maps an P g er showed a computer page tampered. He then sho p showed how easily they can be tamp Maps and sho Y Area p one page. He further that the Area nono this information p g es all often generated map which includes approved of the g the Building Department would have copies if Plan Commission as well as g P approximately 60-page computer generated map. He noted that he hopes to publish this so that CD-ROM may be available and sold to realtors. Mr. Byrnie noted that this will be easier to maintain. In response to a question raised by Doug Carpenter it was noted that a comprehensive plan referred in the Statement of Purpose and Intent refers to the one page document which the City adopted several years ago stating that they would meet all zoning codes. Council President Kelly spoke in favor of the proposed Bill. Council Member Luecke questioned security of the system and it was noted currently the computer backs up daily, that the information which is backed up on a weekly basis is taken home by the assistant director and all information backed up on a monthly basis is taken by home by the director for security purposes. Council Member Varner stressed the need for security. Council by Cou Following discussion, Council Member Luecke mad e a motion seco nded b Member Varner that Substitute Bill No. 60-96 be recommended favorably to Council. The motion passed. i The Council then reviewed Bill No. 62-96 which is a bill to establish as an historic landmark Leeper Park. Mr. Ed Talley made the presentation. He noted that if this proposal is approved that it would be the first for South Bend and the first for Indiana with less than twenty (20) such designations being made in the United States. He then provided a handout on Leeper Park detailing the proposed rules and regulations which have already been approved by the Historic Preservation Commission. These regulations are patterned n Massachusetts for landscape standards and criteria. He after those adopted in Boston, groups noted that originally the Park had twenty-two (22) flower beds and that many gr p s are trying to assist in bringing back those to their original condition. He noted that only 40% of the flower beds are intact with sunken gardens and other improvements needing to be addressed. Mr.Phil St. Clair the Park Superintendent thanked Mr.Talley and the Historic Preservation Commission for the hard work, however did express concerns regarding the feasibility of restoration. He questioned the dollar amount that would be needed and practical problems. He also questioned the prohibition with regard to establishing other recreational activities once the designation would take place. Council Member Varner voiced concern with regard to the standards in light of the fact that Council was just provided these at the time of filing. Mr. David Duvall noted that the Historic Preservation Commission had adopted the plans and that a Certificate of Appropriateness would still be required for any additional recreational items. Commiaee Report Zoning sad Annexation Committee September 9, 1996 Page 3 Council Member Luecke noted that the local historic district creates standards similar to those recommended here. He stated that the plan must be respected and that will require the Historic Preservation Commission and the Park Department to work hand for the din hand project to be successful. He stated that he believes that Leeper Park is a premier park in the City of South Bend and is proud of the fact that it is in the First District. The Council Attorney questioned the Park Superintendent whether he had any concerns with regard to the current Teamster Contract and the Proposal with regard to the utilization of volunteers. Mr. St. Clair stated that he was comfortable. Council Member Coleman stated that he would prefer to delay action on this Bill this evening so that the Council could have additional time to review the lengthy document received today. He also suggested that a meeting be held perhaps at Leeper Park. Council had previously made motions to recommend Member Luecke and Council Member Broden P y the Bill favorably 1 with both Council Members withdrawing their motio ns in light ht of the concern for additional time being presented. The Committee then recommended that a meeting be held on September 19 at the Leeper Park facilities to enable the Council to have further information. Mr. Talley noted that on September 26, 1996 at 7:00 p.m. at the Public Library a complete slide show and history of Leeper Park will be presented. In response to a question raised by Council Member Luecke it was noted that the legal description is not correct. The Council Attorney stated that if the Council also approves the Landscape Standards and Criteria that a sentence should be made a part of the overall Ordinance making that clear since it is nowhere listed within the body of the Ordinance currently. Mr.Talley agreed to that recommendation. It was noted that Substitute Bill No.90-93 involving the Historic Preservation Commission would be continued until the meeting of September 23, 1996. There being no further business to come before the Committee the meeting was adjourned at 5:04 P.M. Respectfully submitted, Council Member Tom Zakrzewski, Chairperson Zoning and Annexation Committee Attachments •