11-26-73 Council Meeting Minutes

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1.84 REGULAR MEETING NOVEMBER 26, 1973 IICOMMITTEE OF THE WHOLE MEETING Be it remembered that the Common Council of the City of South Bend met in the Committee of the Whole on Monday, November 26, 1973, at 7:12 p.m., with nine members. Chairman Odell Newburn pre- sided. II ORDINANCE AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 40 OF THE MUNICIPAL CODE OF SOUTH BEND, INDIANA (SOUTHWEST CORNER OF IRONWOOD DRIVE AND RIDGEDALE ROAD). This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard. Mr. Joseph Helling, 224 West Jefferson Boulevard the attorney representing Ridgedale Nursing Home, made the presentation for the ordinance. He explained that the property was currently zoned for "B" Residential and "A" Height and Area Distri and would remain so. He indicated that the City of South Bend had a unique site plan ordinance which provides that, when there is a change or alteration in the site plan, the change or altera- tion should be resubmitted under Subsection 5 of Section 23 of the South Bend ordinance. He referred to a slide of the property and explained how the site plan would be altered. On the original site plan, a split cedar fence ran from the south of the lot up to the Andrew Place property. This has been eliminated and shrubs and trees will be utilized. The second revision is a wing which extends out from the front portion of the building. The.final revision is to get an actual identification of distance and measurements on the site plan. He stated that, in 1967, the area was zoned "B" Residential and the nursing home was a permitted use within that area. He stat that more parking than required in the code would be available and all of the requirements of Section 23A would be complied with. He stated that screening is in existence; however, it was not required in the code as there was the necessary setback. He referred to pictures of the trees which screen the nursing home. He indicated that the ordinance permits 40% utilization of the lan for the building, and the building would only utilize 20% of the land. He talked about the necessity of the expansion of the Ridgedale Nursing Home. Mrs. Barbara Julow, 1914 Briar Way, expressed concern about the additional parking and where it would be located. She asked if there would be another driveway going into the property. Mr. Helling indicated that there would not be another driveway constructed. Mrs. Julow stated that, at one time, the loading dock was to be serviced in the back of the nursing home according to the site plan. She stated that now it appeared the dock was to be located on the west end. She asked if additional screening would be provided if that was to be the case. She mentioned that she had no objection to the nursing home. In fact, she had signed the petition to permit the home; how- ever, she expressed concern about the loading dock being visible to some of the homes on the west side. Mr. Helling stated that it would not be possible for additional screening, and he referred to the slide of the property and explained that screening could not be added because of the drive approach to the dock. Chairman Newburn asked if there had been a deviation from the original site plan in the placing of the loading dock. Mr. Douglas Carpenter, Planner for the Area Plan Commission, stated that, according to the original site plan, there had been a deviation. He indicated that the original site plan showed the dock to be in a different location. He mentioned that this was, discovered at the hearing held by the Area Plan Commission. Mrs. Julow again stated that she was in favor of the home but she wanted to have a nice planting of trees in order to make the dock not quite so visible to the residential area. Mrs. Paul Peterson, 1949 Piedmont Way, als stated that she was in favor of the nursing home and had signed the petition for construction of the facility. She stated that she was also In favor of some kind of fence around the premises. Councilman Taylor stated that, on the original site plan, the builders had proposed that a fence be built. Mr. Helling indicated that there had been some changes in ownership of residents since 1960. At that time, it was requested that a fence not be constructed. He indicated that the views of different people were taken up by the Area Plan Commission, and he cited a 1928 Supreme Court case in which the court held that a referendum among neighbors as far as usages of property was unconstitutional. Councilman Taylor again indicated that the builders themselves had stated that a fence would be constructed. He wondered about this. Mr. Helling stated that, apparently the neighbors at that time did not want the fence. Councilman Taylor indicated that Mrs. Julow and Mrs. Peterson were in favor of the nursing home and had lived in the area in 1960 when the construction had started. He indicated that they desired a fence. He stated that, at some time, certain residents of the home have wandered off the property onto other properties. He felt that, from the standpoint of personal safety, it would be logical to further insure that the people woulc be protected from wandering into traffic, etc. Mr. Helling wondered if the residents of the home should be fenced in. Councilman Taylor stated that.he was not talking about some sort of a prison wall. He referred to the slide and explained his thoughts. He indicated that, after the other councilmen had had an opportunity to speak, he would like to make a motion that the matter be tabled and referred to a committee for further study. Council President Nemeth wondered if the petition could be amended. Mr. Helling indicated that the Council may impose general standards. He stated that he would question the amendment because the standards were not spelled out in the ordinance. Council President Nemeth indicated that the Council had the right to amend the ordinanc if it desired. Mr. Helling then stated that he agreed; however, he felt it must be uniformly done He stated.that certain restrictions imposed on some persons and not others could not be allowed. Council President Nemeth indicated that there are always certain restrictions in different areas as far as zoning. Mr. Helling indicated that the restrictions to the building must be in com- pliance with the code. He felt the authority to zone was also the authority to exercise uniform regulations and control. Council President Nemeth asked if there was an objection on the part of the petitioner to the construction of a fence. Mr. Helling indicated that the necessary materials were purchased in 1967. He could not answer that question on behalf of his client. He stated that the plan had been submitted without the fencing. Councilman Parent indicated that the fence was ii the original site plan and was not constructed because the neighbors, at that time, apparently did not want it. He felt the law should be followed in putting up the fence because it was indicated on the site plan. He also pointed out that Mr. Helling had indicated that it was unconstitutional according to the Supreme Court, to make a law because of the wants of neighbors. He felt this was the very thing being done. Mr. Helling indicated that the site plan as proposed and submitted has eliminated the fence. Chairman Newburn wondered who had given the petitioner the right to deviate from the original site plan. Council President Nemeth suggested that Mr. Carpenter should meet with Mr. Helling for a short time and come up with a solution to the problem. Councilman Taylor asked about the loading dock. Mr. Helling pointed out that there would be a further delay if action was not taken by the Council and it would be very expensive for the nursing home. Council