HomeMy WebLinkAbout04-09-01 Zoning & Annexation Commits *ort:
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The April 9, 2001 meeting of the Zoning and Annexation Committee was called to order by its
Chairperson, Council Member Karen White at 3:00 p.m. in the Council Informal Meeting Room.
Persons in attendance included Council Members: Aranowski, King, Kelly, Varner, Coleman,
White, Ujdak and Kirsits; John Hosinski, Assistant Zoning Administrator Catherine M. Brucker,
Deputy Attorney Thomas Bodnar, Michael Dansch, Jon Hunt, John Byorni, Ann-Carol Nash,
John Oxian, Building Commissioner Don Fozo, Larry Magliozzi, Jeff Myers, Terry Bland of the
gtIOUth 33ttO VGDtbtttte, and Kathleen Cekanski-Farrand, Council Attorney.
Council Member White noted that the first item on the agenda was to review Bill No. 01-20 which
is a written fiscal plan and the establishment of policy for services to an annexation area in Centre
Township commonly known as the Scarborough Development Annexation Area".
Larry Magliozzi made the presentation. He noted that Scarborough is a voluntary annexation
petition involving 29.05 acres. A single-family development is proposed for the area with all
public improvements being done at the developer's expense. He then reviewed his report (copy
attached). He noted that a new page 8 would be provided this evening reflecting stricter language.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Bill No. 01-20 be recommended favorably to Council. The motion passed.
The Committee then reviewed Substitute Bill No. 13-01 which is the annexation ordinance for
20250 Kern Road for the Scarborough Development. Michael Dansch of Danch, Hamer &
Associates, Inc. Made the presentation and provided an "Annexation Diagram" (copy attached).
He noted that approximately 29 acres is involved with the property being located just south of Kern
Road.
Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that
Substitute Bill No. 13-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 01-21 which is the written fiscal plan and establishment of
policies for services to an annexation area in German Township commonly known as the "Brick
Road L.L.C. Annexation Area".
Larry Magliozzi made the presentation. He noted that this is a voluntary annexation petition
involving 7.50 acres. It is proposed to be zoned `BP" Business District and incorporated as part
of a larger development. All public improvements would be done at the developer's expense. He
noted that a new page 8 would be provided this evening to the report reflecting stricter language.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Bill No. 01-21 be recommended favorably to Council. The motion passed.
The Committee then reviewed Substitute Bill No. 14-01 which is the annexation/rezoning
ordinance for the property located at 23260 Brick Road. John Byorni, Assistant Director of Area
Plan stated that the staff and the Area Plan Commission send this to the Council with a favorable
recommendation.
Mr. Dansch made the presentation. He noted that the development would be under the"BP"
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April 9, 2001
Page 2
Business District"requirements with appropriate screening being provided.
Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that
Substitute Bill No. 14-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 01-22 which is the written fiscal plan and establishment of
policies for the provision of services to an annexation area in Clay Township commonly known as
the"Macri/LaFree Annexation Area".
Larry Magliozzi made the presentation. He noted that the petition is voluntary in nature and
involves 4.44 acres adjacent to Juday Creek. All improvements would be at the expense of the
developer. This would be theist Phase involving vacant land located in a flood plain.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Bill No. 01-22 be recommended favorably to Council. The motion passed.
The Committee then reviewed Substitute Bill No. 15-01 which is the annexation ordinance for
17100 block of Douglas Road. Mike Dansch made the presentation. He stated that the
development would be for possible office zoning.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Substitute Bill No. 15-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed 2nd Substitute Bill No. 12-01 which is a zoning ordinance for the
property located in the 3200 block of Elwood Avenue. John Byorni stated that a buffer area is
involved. The Bill comes with a favorable recommendation from both the Staff and the Area Plan
Commission.
Mike Dansch made the presentation and provided a preliminary site plan to the Committee (copy
attached). In response to a question raised by Council Member Coleman he noted that appropriate
screening would be provided.
Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that 2nd
Substitute Bill No. 12-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 17-01 which is a proposed ordinance and site development
plan proposed by John and Beverly Leader to zone from `B" Residential, `B" height and area to
"0" Office for the property located at 430 South 26th Street to permit duplex development. Mr.
Byorni stated that the Bill received favorable recommendations from the Staff and the Area Plan
Commission.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill
No. 17-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 10-01 which is a proposed historic landmark designation
request for the railroad bridge across the St. Joseph River adjacent to the Angela Street Bridge.
The Council Attorney noted that she had been in contact with the Norfolk Railroad property
manager. In light of their Indianapolis Office closing and relocating to Michigan, she indicated that
the railroad would like additional time to review the request. She also noted that the railroad had
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April 9, 2001
Page 3
requested whether the City would be developing the railroad bridge for a foot or bike path. Mr.
Oxian stated that the City would be in favor of such a development as indicated by conversations
with Mr. Littrell.
Following discussion, Council Member Coleman suggested that Bill No. 10-01 be continued until
the second meeting in May.
The Committee then reviewed Bill No. 26-01 which is a request to establish as an historic
landmark the structure and real property located at 1003 East Washington.
John Oxian made the presentation. He noted that the structure is a two-story Queen Anne/Shingle
style house built in 1898. It meets three (3) of the building and site requirements for such a
designation.
In response to a question from Dr. Varner, Mr. Oxian noted that the owner was contacted and is in
favor of the designation.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill
No. 26-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 27-01 which would establish as an historic landmark the
structure and real property located at 1031 Jefferson and 123 Eddy.
Mr. Oxian made the presentation. He noted that the structure is a two and one-half story Queen
Anne style house built in the late 1890's,along with a carriage house. The buildings meet three(3)
of the building and site requirements for such a designation.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill
No. 27-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Substitute Bill No. 11-01 which would amend Article 10 of Chapter
21 addressing the size, separation distance, display area and height of outdoor advertising signs.
Mr. Byorni stated that the Bill would strengthen the sign regulations and that it comes with
favorable recommendations from both the staff and the Area Plan Commission.
Council Member King noted that he has been working on these regulations for some time with the
Building Department and the Area Plan Staff. He commended Don Fozo and Cathy Bruckner for
there leadership.
Don Fozo, Building Commissioner, made the presentation. He noted that approximately one (1)
year ago a "quick fix" was passed to address immediate concerns raised by such signage. The
County has a 750' separation guideline between signs and this ordinance would have such a
requirement on both sides of the street. The maximum display area would be 672 square feet and
two tiered, deck or stacked signs would be prohibited. Temporary signs may be added not to
exceed 200 square feet per face and empty boards and signs would be prohibited. Minimum
separation distance between new and existing signs at intersections or different streets would be
300'. Mr. Fozo noted that jurisdictional boundaries are not taken into consideration when
measuring distances.
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April 9, 2001
Page 4
Council Member King noted that a series of legal cases were reviewed in the preparation of this
ordinance. The growth within the"sphere of influence" was important to the neighborhoods. He
also noted that the regulations are consistent with those in Mishawaka.
Mr. Fozo added that a similar ordinance will be introduced for the St. Joseph County Council.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that
Substitute Bill No. 11-01 be recommended favorably to Council. The motion passed.
There being no further business to come before the Committee, Council Member White adjourned
the meeting at 4:40 p.m.
Respectfully submitted,
Council Member Karen L. White, Chairperson
Zoning and Annexation Committee
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Attachments