2012 Annual Report - Zoning & Annexation Committee

Home Browse Search

2012 Zoning and Annexation Committee Annual Report Page 2 Serious concerns were addressed in a joint meeting held in conjunction with the Dr. Fred Ferlic's Health and Public Safety Committee on the property located at 5024 Western. The health and safety of the migrant workers and their family were addressed with short-term solutions being implemented. The need for pro- active long-term solutions in this area with the collaboration of the Council, City Administration and other stakeholders such as the Institute for Latino Studies and Social Concerns, the Farm Bureau, the Purdue Extension and other concerned citizens were recommended to be developed. Fair and sound solutions in this area should be a priority in the new year. Other Significant Highlights: • Win-Win Solution Reached on Walmart's Compliance With Zoning Special Exception In October, concerns were brought to the Council's attention by residents related to the Wal-Mart located at 700 West Ireland. The Common Council had approved a special exception for this location on June 13, 2011, which included a "Plan of Operation" addressing the selling of firearms. Compliance required among other things that all guns and ammunition be stored in locked display cases, other than shotgun shells; that there be motion sensing video surveillance system monitors; and compliance with additional public safety items. A joint conference call between myself, our Council Attorney, the attorney for Wal-Mart who represented them at the June 13, 2011 hearing, Wal-Mart's Senior Manager and ATF Compliance Senior Director resulted in an amicable resolution. As a result of these discussions, all concerns were addressed in a very timely manner. The prompt resolution of the public safety concerns and seeking immediate compliance with the "Plan of Operation" showed that good communication and leadership resulted in positive results. • Combining Zoning Requests with Special Exception Requests Working with the Area Plan Staff, and as now authorized by Indiana state law, owners of property who are requesting both a zoning change and a special exception may petition for such requests in one (1) proposed ordinance. A "Petition for Combined Hearing" must be properly filed by the petitioner with legal notice to all property owners within three hundred feet(300') of the subject property. There have been limited filings of this kind to date, but overall the process has gone fairly smoothly. The major concern involves the deadlines established by state law — with the Special Exceptions required to be acted upon within a sixty (60) day period and the rezoning required to be acted upon with a ninety (90) day period from the date of receiving certification of action by the Area Plan Commission. • New Items for Committee Consideration Mr. John W. Byorni, Executive Director of Area Plan will be discussing with the Zoning and Annexation Committee two (2) items of interest. The first involves a lawsuit recently lost by the City involving the requirement that a security bond to be posted for a cell tower. As a result of that decision, proposed amendatory language to the zoning code will need to be discussed. The second item will address the time frame requirements for the development of a Planned Unit Development (PUD). Zoning Procedures Brochure: This year the Committee did not utilize a brochure addressing various zoning procedures. The brochure had been an effective tool, especially for the public in the past, so that there was an awareness of the each of the