11-12-74 Council Meeting Minutes

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REGULAR MEETING NOVEMBER 12f 1974 COMMITTEE OF THE WHOLE MEETING (CONTINUED) away from the proposed parking lot of I & M. He presented photographs to the Council of the I & M storage yard. He wondered if I & M could give him any assurance that the property to the northeas- would not be used for something other than its natural state. He wondered what would prevent I & M from selling the property some day for another use. Mr. Morgan indicated that, if there was to be any change, it would have to be approved by the Area Plan Commission and the Common Council, and all affected residents would be contacted. Mr. DeRoo's property was 150 feet from the propose( parking lot, according to Mr. Morgan, and he felt there would be sufficient landscaping so that the lot would not be visible. Mr. DeRoo referred to the St. Joseph County Plat Book where it was show] that I & M owned considerable property within the City of South Bend. He was hopeful that other land could be utilized for the storage yard. Councilman Serge wondered if Mr. Hartman had made an, agreements concerning the property to the residents. Mr. DeRoo indicated that, at that time, the residents had been told that the area would be residential and homes would be built on the propert, Mr. Patrick Brennan, 215 West Marion Street, the attorney representing the remonstrators, indicate( that the residents in the area had very large investments in their homes, and he felt they should be afforded the privacy that they were lead to believe they would have. He felt the storage area was not an example of good suburban living. He felt there would be much pollution caused by the I & M trucks, and he urged the Council to defeat the rezoning. Mr. Morgan again indicated that 20 acres of land to the northeast would be left in its natural state, and he stated that there would be no increased traffic in the residential area. He also again stated that the use could not be changed without the approval of the Area Plan Commission and Council. Mr. Eber Smith, 2727 Tomahawk Trail, indicated that he and his neighbor, Bill Stoeckinger, were opposed to the rezoning. He indicated that the area was a high -class area, and all the residents took a great deal of pride in their neighborhood. He wondered if I & M would eventually use all the property for the storage yard and offices. He felt the Area Plan Commission was foresighted in creating an "industrial park" in the residential area by allowing the zoning to change to "D" Light Industrial. He felt the increased traffic would have to be recognized as it would affect Lathrop Street. He could not understand why I & M could not purchase land in the Industrial Park for its proposed facility. Mr. DeRoo stated that the attorney for I & M had mentioned that a number of residents had taken their names off the petition. He stated that some of the residents were under the impression that, if I & M did not come into the area, there was a possibility there would be some low - income housing brought in. Councilman Taylor felt there was a lot of available, suitable land in the community for the project. He stated that the area was a beautiful area, and he felt the residential area should be protected and the zoning of the property should remain residential. Councilman Serge indicated that he had received many calls from the residents in the area opposing the rezoning. Mr. Morgan indicated that I & M would try to preserve the natural area to the north- east for the residents. Councilman Serge felt the proper place for the facility would be in the Industrial Park. Mr. Manak stated that I & M had attempted to purchase land in the Industrial Park; however, that land was to be used for new industries coming into the city. He indicated that 40 acres was needed, and the Industrial Park would only sell five -acre parcels. Councilman Parent asked Mr. Richard Johnson, Executive Director of the Area Plan Commission, about the commission's recommendation concerning the rezoning. Mr. Johnson indicated that the other three corners of the quadrant were industrial uses. He stated that the land on Lathrop and Bendix was not the most desirable residential land as it faced the landfill, and a railroad track bisected the property. He indicated that this particular site did not have as much accessibility as other areas in the city for residential uses. He talked about various other areas in the city and count which had maximum accessibility to the total community. Councilman Parent asked if any other area! had been considered for the project. Mr. Morgan indicated that it had been determined that the particular site in question was the best area. Mr. Manak stated that areas in Penn Township, Granger and a site on Brick Road had been considered; however, I & M had wished to remain within the City of South Bend and were very willing to pay the taxes on the new building. He talked about the desire of I & M to build a facility in the downtown area a few years ago. He stated that the mayor and administration had asked I & M to not construct in the downtown area, and I & M had not done so. He stated that I & M had then donated to the city some land in the downtown area of which part would now be used for the new Century Center. Councilman Parent was of the feeling that there would be more value to the city if the area was developed for residential uses. Councilman Szymkowiak wondered if the other sections in the area had been considered for the project. He stated that there was land to the south and west which might possibly be used for the facility. Mr. Manak indicated that those areas were not available at the time the project was started, and he indicated that I & M had donated approximately 60 acres of land to the last phase of the Industrial Park. Councilman Szymkowiak questioned that statement. He stated that money would be received from I & M when the parcels of land were sold. He did not consider that a donation. He wondered if an agreement had been made in writing that the northeast area of the property would be preserved in its natural state. Mr. Morgan indicated that that power would be up to the Council. He indicated that no such agreement had been entered into by I & M. He reminded Councilman Szymkowiak that there would be no changes concerning the area unless it was approved by the Area Plan Commission and Council. He stated that he was not sure if Councilman Parent's statement about the tax base was correct because the property had been undeveloped for some time. Councilma Kopczynski indicated that he had not seen a site plan concerning the property. He felt the people rights should be protected; however, he also supported I & M's proposed project. He stated that, once the ordinance was passed, anything could be done to the property. Mr. Morgan again stated that the proposed site development plan could not be changed or altered. Councilman Kopczynski reminded Mr. Morgan that the Council had no control over the issuance of building permits by the Building Department. He felt a strip of land to the north should be zoned so that the residents would be given protection against future construction or building in that area. Mr. Morgan stated that this was a very good idea and he felt sure I & M would be willing to provide a buffer. He wondered if the residents would be satisfied with that. Councilman Kopczynski stated that he woul urge the Council to delay action on the ordinance so that the matter of the legal buffer zone coul be considered. Council President Nemeth wondered about the buffer zone Mr. Morgan had talked abou that was included on the site plan. Mr. Morgan stated that the smallest buffer zone would be between 140 and 150 feet. Council President Nemeth made a motion to continue the ordinance to the November 25th meeting, seconded by Councilman Kopczynski. Councilman Horvath cautioned the residents in the area. He stated that in almost every area to be developed residential, a strip of land was left for a buffer and, at some future time, commercial property moved in. He stated that the proposed project by I & M was beautiful, and he felt that less traffic would be generated. He wondered if other commercial properties would move in and the area would be even less desirable for residential uses Councilman Parent stated that the Council was very interested in keeping businesses in the communi He felt that housing was a big problem in the community and deterioration of the neighborhoods continually took place. He supported the motion to continue the public "hearing. Councilman