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HomeMy WebLinkAbout02-12-01 Zoning & Annexation Qommttt wort: Zoning an 'animation (Gommtttit The February 12, 2001 meeting of the Zoning and Annexation Committee was called to order by its Vice-Chairperson, Council Member Andrew Ujdak at 3:40 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: Aranowski, Pfeifer, King, Kelly, Varner, Ujdak, Coleman and Kirsits; Citizen Member Isabelle Gonzalez, Building Commissioner Don Fozo, Public Works Director Gary Gilot, Community and Economic Development Director Jon Hunt, Fire Chief Luther Taylor, Area Plan Assistant Director John Byorni, Code Enforcement Director Kathy Davis, City Attorney Charles Leone, Assistant City Attorney Ann-Carol Nash, Historic Preservation Commission Acting Director John Oxian, Planning & Neighborhood Development Assistant Director Larry Magliozzi, Economic Development Specialist Cassandra Moran, Planner Jeff Myers,Terry Bland of the gODUi Ottttt trthlint,and Kathleen Cekanski- Farrand, Council Attorney. Council Member Ujdak noted that the first item on the agenda was to review Substitute Bill No. 132-00 which is a Bill to amend Chapter 21, Article 6.5 of the South Bend Municipal Code addressing a fee schedule for the issuance of certificates of appropriateness. Mr. Byorni introduced Jeff Myers,a new planner with Area Plan to the Committee. Mr. Byorni noted that the proposed ordinance was initiated by the Common Council. It was favorably recommended to the Council by both the Area Plan staff and the Area Plan Commission. The Council Attorney recommended that language be added to the last paragraph of § 1 which would require the Historic Preservation Commission to keep an up-to-date listing of such fees on file in their office as well as the City Clerk's Office. She noted that such fees must be available to public inspection with notice to the public of where they are available. Mr. Byorni and Mr. Oxian agreed to the proposed amendment. Dr. Varner inquired about when a certificate of appropriateness was required. Mr. Oxian noted that an owner of an historic landmark or an owner who lives within an historic district is required to procure a certificate of appropriateness when the request to construct,reconstruct,alter,move or demolish an exterior feature of their structure. He noted that painting does not require a certificate of appropriateness. Dr. Varner inquired about the turn-around time when a request is made to HPC. Mr. Oxian stated that they are required to act within sixty(60) days of receipt of a request. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Substitute Bill No. 132-00 as it will be amended be recommended to Council. The motion passed. Mr. Byorni then reviewed Bill No. 1-01 which is an Area Plan initiated ordinance which would amend Chapter 21, Article 12 of the South Bend Municipal Code addressing flood plain regulations. Mr. Byorni noted that the amendments incorporate the most recent federal and state requirements in order to qualify for flood insurance. He noted that the Commission has drafted similar ordinances for the County and five(5) towns. • Zoning and Annexation Committee February 12,2001 Page 2 Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 1-01 be recommended favorably to Council. The motion passed. Council Member Ujdak noted that the Council received a letter dated February 9, 2001, from Mr. Oxian requesting that Bill No. 10-00 which would establish the property located at 3016 Portage Avenue as an historic landmark be continued until September (copy attached). Mr. Oxian however stated that he had been in touch with the Portage Manor Director and that they desired to go forward this evening. Mr. Hunt voiced concern that the entire area is being suggested for historic landmark designation. He noted that this is valuable acreage. Mr. Oxian responded that the Portage Manor Board would like all of the property included in the designation and that since the Manor is full they are operating with a waiting list. The Council Attorney noted that she and Council Member White met last year with the County Commissioners and discussed this proposed designation. The Commissioners requested to be kept advised on this matter. She noted that since the Bill was to be continued tonight that she had not advised the Commissioners that any proposed Council action would be taking place this evening. Dr. Varner stated that in light of the letter from Mr. Oxian which previously requested a continuance that he would be much more comfortable delaying action on this measure until the next Council meeting. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 10-00 be continued until February 26, 2001. The motion passed. The Committee then reviewed Bill No. 52-00 which is a proposed ordinance to re-designate and re-establish as an historic landmark the property located at 108 North Main Street(JMS Building). Mr. Oxian noted that he had met with the owner of the building back in 1998 when the Council originally designated this building. He learned that the consent form contained several restrictions which he was unaware of and therefore did not send them to the Council in 1998. He stated that such designations are not to be subject to such conditions. Council Member King stated that he had reviewed a letter from the former Historic Preservation Director dated April 21, 1998 as well as the consent form. He also reviewed the Ord. No. 8915- 98 which the Common Council passed on June 22, 1998 (copy attached). He stated that he does not believe that it would be in the best interests to change the ordinance today and therefore would be against the proposed Bill. Dr. Varner suggested that the designation be left as it is today. Council Member Coleman noted that in rare instances there should be exceptions, however the conditions should be honored as agreed upon between HPC and the owner. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 52-00 be recommended unfavorably to Council. The motion passe, Zoning and Annexation Committee February 12,2001 Page 3 There being no further business to come before the Committee, Council Member Ujdak adjourned the meeting at 4:05 p.m. Respectfully submitted, Council Member Andrew Ujdak, Vice-Chairperson Zoning and Annexation Committee KCF:kmf Attachments cc: St. Joseph County Commissioners