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HomeMy WebLinkAbout09-12-16 Zoning and AnnexationOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING & ANNEXATION SEPTEMBER 12, 2016 3:30 P.M. Committee Members Present: John Voorde, Gavin Ferlic, Jo M. Broden, Oliver Davis (late) Other Council Present: Others Present: Agenda: Bill No. 16 -67 — Fiscal Plan for Airport Authority Rezoning And Annexation Bill No. 35 -16 (Substitute) — Airport Authority Rezoning And Annexation Bill No. 16 -64 — Requesting a Special Exception at 3001 W. Cleveland Road Bill No. 43 -16 — Historic Landmark Designation for Elbel House Committee Vice Chair John Voorde called the meeting of the Zoning and Annexation Committee to order with four (4) bills on the agenda. He suggested looking at the first two (2) items on the agenda together for purposes of a public hearing, knowing that these will be continued and have their final public hearing on October l Oth. Bill No. 16 -67 — Fiscal Plan for Airport Authority Rezoning and Annexation Bill No. 35 -16 (Substitute) — Airport Authority Rezoning and Annexation Council Attorney Kathleen Cekanski - Farrand stated that since they are substitute bills, the Council cannot move forward because legal advertising still must take place. Keith Chapman, Area Plan Commission with offices on the 11 th Floor of the County City Building, stated the petitioner is requesting a zoning change from Al Agricultural and Industrial in the county to LI, Light Industrial. To the north there are several houses and businesses zoned Single - Family and Manufacturing Industrial in the county, to the south there is AMT Manufacturing and Industrial in the county and to the west is vacant land and Single - Family residents zoned Single - Family, and east of the bypass is some vacant land, zoned Single - Family and Manufacturing Industrial. 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK Mr. Chapman presented maps of the area as well as a site plan which are on file with the City Clerk's Office. This comes to the Council from the Area Plan Commission with a favorable recommendation. Rezoning this site to Light Industrial will allow for the development of uses that are compatible with airport operations. Council Attorney Cekanski - Farrand Bill informed the Committee that Bill No. 16-67 and 35 -16 have different legal descriptions, so in light of that it has to be advertised and October 10th is the earliest we can hear it. The Clerk's Office notified Mr. Danch, which is why he is not here today. Council President Tim Scott asked if the Fire Department had anything to say about these bills. Committee Chair Oliver Davis stated they have not weighed in yet. Council President Scott stated that the northwest side is growing concerned as it grows there because it spreads their coverage out. Council Attorney Cekanski - Farrand stated that the details for the Fire Department would also be part of the fiscal plan. Committeemember Gavin Ferlic motioned to continue Bills 16 -37 and 35 -16 to October 10th, 2016. The motion was seconded by Committeemember Voorde and carried by a voice vote of four (4) ayes. Committee Chair Oliver Davis assumed the position of Chair of the meeting. Bill No. 16 -64 — Requesting a Special Exception at 3001 W. Cleveland Road Ayoka Paek, Zoning and Business Administrator, Building Department at 125 Lafayette Blvd., Suite 100, stated this is a special exception for a cell tower at 3001 W. Cleveland Road. This comes with a favorable recommendation from the Area Board of Zoning Appeals, and no one spoke in remonstrance. Brian Donnelly, on behalf of Central State Tower and Verizon Wireless, 660 Midwest Road, Oakbrook Terrace, Illinois, stated the reason for this request is primarily because the residents in St. Joseph County have requested it from Verizon Wireless. This area is known by Verizon to have poor coverage and there have been many complaints by the residents of St. Joseph County working, shopping and playing in the area. This is a request for more capacity during peak hours, because the surrounding towers are overloaded. As voice calls, texting and data usage increase, the only way to correct these issues is to put more equipment in the air. This proposed tower will provide the necessary platform for that equipment. Ninety -seven percent (97 %) of American adults have a cell phone, forty percent (40 %) of American households these days have a cell phone as the only type of telecommunications within their home, and roughly sixty percent (60 %) of Americans will say that being able to use their phone in an emergency is the primary reason they carry it. Seventy percent (70 %) of America's 911 calls are placed using cell phones. 2 The E -911 technology that cellphone carriers use in these situations routes the call to the appropriate local emergency dispatcher, and provides the dispatcher with an approximate location and a call back number, which is the reason improved capacity is important for the area. Committeemember Jo M. Broden asked if there is a timeframe for approval that the Council must meet, and if anyone showed up at the public hearing. Ms. Paek stated that no one spoke in remonstrance. One (1) person inquired about it the week before, but they did not have a problem with it. Committeemember Jo M. Broden asked for adequate feedback and more documentation so they have enough information to make a decision. City Clerk Kareemah Fowler checked to make sure that no other documentation was filed, and found that there was none. Bill No. 43 -16 — Historic Landmark Designation for Elbel House Elicia Feasel, Executive Director of the Historic Preservation Commission. The bill before you is for the Elbel House Historic Landmarks.Designation. Abram and Melissa Christianson are the current owners, and Joan Downs - Krostenko is the former owner of the property at 806 Leland, also known as the Elbel House. They petitioned the Historic Preservation Commission to have this property designated as a historic landmark. The Elbel House is located in the Chapin Park Local Historic District, and the Chapin Park National Register Historic District and it is recognized in Indiana Historic Sites and Structures. Based on the local landmark's criteria, as adopted by the Common Council, the site at 806 Leland can be recommended to the Common Council for designation as a local historic landmark by the Historic Preservation Commission, and the Elbel House fulfills criteria in all three (3) categories. It is an example of Queen Anne Victorian architecture, it was built in 1894, it exemplifies the architectural style through extensive exterior decoration, including original spindle work, ornate columns and porches, and irregular rooflines. The integrity of the construction is completely intact architecturally on the exterior, including the siding, ornate trim, original front and back doors, and all but one (1) of the original first and second floor windows. It fulfills criteria with its association with Richard Elbel, president of Elbel Brothers Music Store, and director of the South Bend Orchestra. He also served on the South Bend Parks Commission, being the only charter member to serve continuously until his retirement in 1939. He was instrumental in obtaining grants of land from property owners for Leeper Park, and providing for what would become the Riverside Drive Parkway. On the extreme north west side, the golf course under development was named in his honor. As such, the Historic Preservation Commission has reviewed the petition, and with the consent of both the current and the previous owners, has heard and discussed the recommendation of the staff for the designation of the property. The commission has conducted public hearing where current and former owners spoke in favor, and recommends it for the establishment of a Historic Landmark to the Common Council. 3 Committeemember Ferlic motioned to send Bill 43 -16 to the full Council favorably, it was seconded by Committeemember Voorde and carried by voice vote with four (4) ayes. Bill No. 16 -64 — Requesting a Special Exception at 3001 W. Cleveland Road Committeemember Ferlic stated that this is no fault of the petitioner and it seems to be just a miscommunication from the Building Department, so his recommendation is to have public input here, send it forward with no recommendation, receive those materials before the 7:00 meeting, and then if there is still a need for information it can be continued from that point. Council President Scott looked up the site on Google and found that it is in an industrial area, and asked where it would actually be located at the address. Mr. Donnelly showed President Scott where the tower would be located on the map and stated that the company would be leasing the space for the tower from a church. Council President Scott stated he is in favor of this coming to his district in the proposed spot. Committeemember Ferlic motioned to send Bill 16 -64 to the full Council favorably, it was seconded by Committeemember Broden, and carried by a voice vote with four (4) ayes. R"oorde, ectfull Submitte is El