HomeMy WebLinkAbout08/27/07 Zoning and Annexation Committee Meeting MinutesZoning and Annexation C~~nmlt~ee Meeting
~00~ South fiend Common Cyunci~
The August ?", ~~~~ rneetin of the Zoning and Anne~catian Camn~ittee of the South
Bend Can~man Council was called to order by its Chairperson, Council Member AI
"buddy„ Kirsits at ~g p~m, in the Council} Infarn~al Meeting Roam.
Persons in attendance included Council Members Rouse, Pfeffer, Puzzllot (irsits,
Dieter, end uspa; Marls Lyons, Martha Lewis, Chris Dressel, Larry Steele, James
Graves, Building Commissioner Dan i^oza~ Mike Dnch, ,Jahn A~ I~ubinsci, City Clerk
Jahn Vaarde, Jamie Laa of the ouff~ ~en~ Tribune and Cathleen Cekanski~l~arrand,
Council Attorney.
Council Member l~Cirsit noted that the committee rerbers include Council IUlember
I~uspa, Pfeifer darner and hin~self~
ustitu~e i~~ No. 4~D5 ~ezon~n Re oast fog Pao eat ~.~cated in the 4~~
Bloch of No~thside Bouleva~~ in the 3r o~nci~ma~nlc District:
Council Member l~Cirsits called for a report from the staff of the Area Plan on Substitute
Bill Na. ~-0 which is a request to rezone the property located in the Ogg Black of
Narthside Boulevard located in auncilmanic District ~ ~capy attached}
Mark Lyons, a staff n~en~ber with the Area Plan Camn~isian noted that the Area Plan
Carr~rr~iion held a public hearing an July 1g, ~g05 with Bill Na. 34-0~ receiving an
unfavorable recamn~endatian. He noted that since that public hearing was held, that
the petitioner has revised the proposal which i Haw proposed to have twenty-four ~4}
story units which would be town houses and town villas
In response to a question from Council Member Puzzella, Mr. Lyons stated that the
changes would be tied to the site plan.
Michael ,~. Danch, President of Danch, Horner & Associates, Inc. with offices at 1~
Commerce Drive in South Bend, Indiana 4G~~8 provided a cagy of the site plan ~capy
attached reflected the changes incorporated into Substitute Bill Na. 4-0, He noted
that his client, Tiberius Mahalache, met three ~} tines with the neighbors and has two
~~~ letters of support of the revised plan, He Hated that originally they proposed twenty
eight ~8} condominiums and two ~~} main buildings. As a result of comments from the
residents the proposal has been dawn-sized to twenty-four ~~4} fatal units which will
look mare like single-family haves. They will need to apply for permission from the
D111R since same of the units are proposed to be near the flood plain; and that they have
submitted a letter to the DNR. All proposed units have been roved away from the flood
way area, The substitute bill reflects single-family attached haves; and thus they are
Haw required to go before the Board of Zoning Appeals far variances. ltllr, Danch
requested that the Substitute Bill be approved subject to a final site plan and the
~a~ir~g ar~d An~e~atiar~ ~o~r~i#t~~
A~g~st ~T, U07
Pale ~
representations set forth in the August ~, OOH letter signed by Tibi Ilihalache copy
attached
Chris Dresses of the Department of Community and Economic Development spoke in
favor of Substitute Bill No. 4-~~~ lie noted that there has been substantial investment
in the River Park area and this would add to the diversity of housing opporkunitie in this
neighborhood.
harry Steele, President of the River Park Neighborhood Association noted that they
have not taken ~ f=ormal vote on the latest proposal, hovuever most neighbors have
voiced favorable comments when they have seen the latest site plan.
Dr, l~anrer noted that the additional time and effort resulted in positive results, and
thanked ail concern fortheir added efforts.
Council lUlembr l~Cirsits complirr~ented all sides in their efforts to work out a corepromise
which could move forward
Council ~len~ber ~Cuspa noted that the project took much more time than originally
anticipated but now it will be a project that will bring ;`beauty to the river area".
Following discussion, Council 1mber l~uspa made a rriotion, seconded by Dr. Varner
that Substitute Bill No, 3~4-~~ be recommended favorably to Council and be subject to
written commitments addressing the ;terns in the August ?, ~00`~ letter from the
petitioner to the Friends of River Park ~attached~. The notion passed
~iil No. ~~-9R ecial Exce ion ~e ue~ed ~o~ the ~~v ert ~.vcat~d at ~~~~
Council i~lernber Kirsits asked for a report from the Beard of Zoning Appeals on Sill 1110.
0~-g which is a request of Samuel and Anemia Diaz for the property located at ~~~
vvstern Avenue,
Don Fo~o, Building Can~r~isioner, reported that the Board of Zoning Appeals held a
public hearing on July fig, X007 on the special exception request. It would permit the
petitioner to construct an off~street parking lot to be used far a restaurant located at
O~ vUestern Avenue. The Beard of Zoning Appeals sends a favorable
recommendation on the request to the Council,
James P~ droves, an attorney with offices located at ~ vVest Jefferson Boulevard,
Suite 50 in downtown South Bend made the formal presentation. llllr. droves noted
that he represents the Diaz brothers, Samuel and Arternio. >~le showed a reap of the
area in question. He stated that his clients purchased the property, noting that neither
of the brothers speaks English, however he worked with their relative who interpreted
~~nin~ ar~d Annexation C~mrnittee
gage
their cnnversticr~s. Bath brothers ~rark long hours in a local plant and that "this is their
dream-tn run and on their own restaurant'#, The request is for aff-street parking for
their 7~-seat restaurant, That' ~vill do all Headed improvements.
In response to a question from council Member Pu~~ello, Mr. braves Mated that his
clients understand that ail required paving and screening requirements roust be net.
lie stated that his clients paid cash for the property and that their restaurant vuill be a
far~ily Mexican restaurant.
council Member Pfeifer Mated that she hopes the venture will be a success, She
voiced concern however ~nrhether the clients fully understood all of the conditions, in
light of their inability to speak English,
Mr, Groves stated that their relative translated all of their conversations, and that he
also speaks Spanish, lie stated that he r~nuld bring this lady tc tonight's Council
meeting,
council Member i"Cuspa stated that this "corner is a dead corner", and he vueloorr~e the
investment the petitioners are making to the neighborhood.
Dr~ darner stated that he ~velcon~e the private investrent.
Council Member l'Cirstis stated that he ton ~vlcomes the improvements Which the
Petitioners vuill be raking,
~olla~ving discussion, fir, Varner made a motion, seconded by auncil Member l~usp
that Sill No, ~~-g be recommended favorably to Council, The motion passed
There being nv further business to come before the Cormittee, Council Member I~irsits
adjourned the meeting at :4g p.m.
7
~ ~~ ~ ~
Respectfully subrr~itted, ~ ~ ~ .
Council Member Al "buddy" l~irsits, hairperscn ~
Zoning ar~d Annexation Commi~ee
Attachments
Zoning aid ~Innexa~~o~ Co~mmlee Meet~r~~