02-18-04 Council Special Meeting Minutes

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SPECIAL MEETING FEBRUARY 18, 2004 by the Area Plan Commission and the Common Council then a final site plan would be required. At this time the engineering and drainage calculations would then be required on the final site plan, so the Building Department can determine whether or not it conforms to all the requirements of the ordinance. Mr. Sante further noted that the ordinance also allows for certain protections for the community. The protections are in the form of landscaping, lighting requirements, set backs, with extra set backs called buffer yards if it's a commercial use. For instance, if the project is adjacent to a residential district, they will have to have increased set backs and screening that will be required. Mr. Sante also noted that along with the new ordinance is the new zoning map for the City. In drawing the new zoning maps the Area Plan Commission Staff attempted to match the new zoning to the old classification or the existing uses as closely as possible. Whenever possible the Area Plan Commission avoided zoning existing land uses in to non-conformance. The new ordinance is a huge difference over the existing ordinance. However, it is important to understand that no ordinance of this size and complexity is ever perfect right out of the box. Mr. Sante stated that over the coming years will be working the bugs out with different agencies that administer and enforce the ordinance with the Area Plan Commission and the Common Council. Mr. Sante noted that the detailed plan called City Plan is now in progress and will help establish the zoning needs of the community. Mr. Sante thanked and acknowledged Mr. Gene Valanzano, Baker&Daniels for his excellence in putting together this ordinance. Mr. Sante also acknowledged the steering committee, Councilmember Kuspa, Mr. Karl King, Mr Don Fozo, St. Joseph County Building Commissioner, Mr. Brent Bajdek, Assistant Zoning Administrator, Mr. Gary Gilot, Director of Public Works, Mr. Bill Schalliol, Community and Economic Development. Mr. Sante thanked the entire staff of the Area Plan Commission as well as the Common Council's Zoning and Annexation Committee. A special thank you to Council Attorney Kathleen Cekanski-Farrand for her expertise in the development of this ordinance. Mr. Sante made a special note that the Area Plan Commission Staff will support the amendments dated February 18, 2004, as on file in the City Clerk's Office. Jeff Myers, Staff Planner, Area Plan Commission gave a power point demonstration, highlighting the changes that Mr. Sante made in his presentation. The power point demonstration omitted the new site plan requirements. In a rezoning a site plan is required, in any building situation the site plan is required to go through the Building Department and be approved by that department and its entirety as in terms of all the standards set forth by the Building Department. Councilmember Pfeifer wanted a clarification from the Area Plan Commission that the power point demonstration had not been updated based on the amendments that were approved February 18, 2004. Council Attorney Kathleen Cekanski-Farrand asked Robert Sante, Executive Director, Area Plan Commission to clarify that the power point demonstration had not been updated since the amendments were made on February 18, 2004 as on file in the Office of the City Clerk. Mr. Sante confirmed that the power point demonstration had not been updated with the amendments that were approved on February 18, 2004 and that seventeen(17)proposed site plans would be required. Councilmember White asked why the Historic Preservation language was changed? Kathleen Cekanski-Farrand, Council Attorney noted that the Historic District was inadvertently omitted. That definition has been changed to Historic Preservation District and therefore included it in its entirety and then also added it under Historic Preservation because that term was not included into the definition that we have proposed in our last amendment that was heard by the committee. Councilmember Varner questioned when the Ordinance become effective? Kathleen Cekanski- Farrand, Council Attorney noted that the bill will be sent back to the Area Plan Commission, they will have a maximum of 45 days to act. If they act favorably on the 2nd Substitute Bill with the February 18, 2004 amendments it will become effective upon their filing of a report with the -3-