By Anna Skinner
Wood Wind Planned Unit Development attorney Joe Scimia approached the city council Feb. 27 to request the proposal be remanded to the Advisory Plan Commission.
At its APC appearance, four APC members voted for and four voted against the development. With no decision either way, the proposal moved on to council without a recommendation.
“The way the case was presented and voted on, there was basically neither five votes in favor of a favorable or negative recommendation,” Scimia said. “Past practice of the plan commission has been that under those circumstances the case would then go to council with no recommendation. There was never actually a motion made at plan commission to send the case to (council) with no recommendation. Therefore, there is an argument, not saying it’s a good argument, but certainly a basis to assert the fact that no official action was taken by the plan commission with respect to this case.
“Given the amount of time that has been expended on this and the amount of public input that has been received on this, we want to send this case back to plan commission for further consideration and a definitive vote.”
Scimia said although changes might take place, no additional public hearing would be held when the proposal returned to plan commission. Areas of scrutiny include the multi-family and retail areas, side-load garages and more.
“Rest assured, we will receive public comment, but that’s not really the petitioner’s job to determine if there should be a public hearing,” Scimia said. “State law doesn’t require another public hearing. There is no legal requirement to do so.”
The proposal was sent back to plan commission with no objection from the city council. For more, visit westfield.in.gov.
