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HomeMy WebLinkAbout07/09/07 Committee Meeting MinutesZvnin and Annexation Committee Meetin 9 ~ 2t)07 South Bend Common Council The July 9, 2007 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson, Council Member AI "Buddy" Kirsits at 3:30 p.m. in the Council's [nformal Meeting Room. Persons in attendance included Council Members Rouse, Pfeifer, Kelly, Puzzello, Kirsits, White and Kuspa; Mayor Stephen Luecke, Kevin Vernick, David M. Compton, Ashley Ottesen, Robert Nemeth, Joseph Nagy, Bill Parcel, Don Sneigowski, Wayne Curry, Marguerite Taylor, Luella Webster, James Roemer, Richard Nussbaum, Juan Manigault, Greg Hakanen, Steven Sabo, Elizabeth Van Jacob, Jessica Payne, Linda Finke, Conrad Damian, Mary Beth Dickey, Kathy Hall, Tracy Thomas, Alan Seaball, Chris Tressel, Jamie Loo of the Soufh Bend Tribune and Kathleen Cekanski-Farrand, Counci! Attorney. Council Member Kirsits noted that the committee members include Council Members Kirsits, Pfeifer, Varner and himself; and that Dr. Varner will be unable to attend today's Committee meeting. Council Member Kirsits stated that in light of the large crowd he would recommend that the committee meeting be moved to the Council Chambers since that room is available. Council Member Pfeifer made a motion, seconded by Council Member Kuspa that the Committee meeting be moved to the Council Chambers. The motion passed. Council Member Kirsits recessed the meeting at 3:33 p.m. Substitute Bill No. 29-07 Rezoning Request for 1201 South Michigan_ Street Council Member Kirsits reconvened the Committee meeting at 3:36 p.m. in the Council Chambers. He then called for a formal presentation on Substitute Bill No. 29-07 which is a zoning request for 1201 South Michigan Street located in the 6t" Councilmanic District. Robert Nemeth of the Area Plan Staff noted that the Area Plan Commission held a public hearing on the substitute bill on June 19, 2007. The ordinance proposed by Sobieski Bancorp, Inc. would rezone the property from MU Mixed Use District to LB Local Business District. The Area Plan sends the Bill to the Council with a favorable recommendation. {Report attached) Joseph Nagy of 2226 Ribourde Drive noted that he is a Board Member of Sobieski Bancorp, Inc. The rezoning would assist them in the continuation of the liquidation of assets. The current structure would be demolished and a new structure would be built. Zoning and Annexation Committee ,iuly 9, 2007 Page 2 In response to a question from Council Member Kirsits, Mr. Kevin Vernick of 2000 North Racine, Suite 2110, Chicago, Illinois 60614 notes that Sherman Williams plans to located at this site. It would be one of two locations in South Bend. Chris Gressel, of the Department of Community of Economic Development spoke in favor of the substitute bill on behalf of the department and the City Administration. No ane spoke in opposition. Council Member Kuspa noted that he believes that the proposed Sherman Williams store will be an asset to the community. He then made a motion, seconded by Council Member Pfeifer that Substitute Bill No. 29-07 be recommended favorably to Council. The motion passed. Council Member Pfeifer noted that she concurs with Council Member Kuspa and thanked the Sherman Williams representative for choosing South Bend. Substitute Bill No, 2fi-07 Rezonin Re oast for 24.345 Acres Between An efa Boule~ardlEdison Road and Na oleon Council Member Kirsits noted that the Petitioners would have approximately twenty (20) minutes for their formal presentation before the Committee, followed by thirty (30) minutes for those persons wishing to speak in favor and thirty (30) minutes for those persons wishing to speak in apposition. He stated that there would also be opportunities to speak at this evening's Common Council meeting scheduled to begin at 7 p.m.; as well as at the Special Common Council meeting called for next Monday, July 16, 2007 at 7 p.m. Council Member Kirsits then called for a report from the Area Plan Commission staff on Substitute Bill No. 26-07 would requests to rezone 24.345 acres generally located between Angela BoulevardlEdison Road and Napoleon Street, and approximately 200 fee west of Eddy Street and 700 feet east of Duey Street, extended, located in the 4~" Councilmanic District. Robert Nemeth of the Area Plan Staff reported that the Area Plan Commission held a public hearing on the Substitute Bill on June 19, 2007. The petitioner requests the property be rezoned from U University District and S1=2 Single Family and Two Family District to PUD Planned Unit Development District. He noted that the Area Plan Commission sends the request with a favorable recommendation. He noted that the Commission found that "the rezoning is consistent with the City Plan land use policy, which encourages planned unit development and the Future Land Use map, which recommends mixed land use. It promotes the infill development and growth adjacent to two main transportation corridors and near another major thoroughfare where city utilities and services are available. The proposed zoning district is appropriate for the Zoning and Annexation Cnmm'sttae July 9, 2007 Page 3 mixed use development and it will allow a transition between university and single family residential land use. The residential development to the south is in a planned redevelopment area, where residential uses will be designed to blend into, and be compatible with Eddy Street Commons. The architecture will reflect a small, downtown street setting with centralized shared parking to promote pedestrian walking with streets lined with street festivals, outdoor dining, vendors, banners, and benches. Sidewalks and pedestrian connectivity will be provided along all streets and to all residential or commercial uses within the development and between adjacent areas. Efforts will also be made to accommodate bicycle traffic". (Report attached) Ashley Ottesen, Assistant Project Manager far Kite Realty Group and David M. Compton, Vice President for Development & Land Acquisitions for Kite Realty Group with offices located at 30 South Meridian Street, Suite 1100, Indianapolis, Indiana 46204, then addressed the Committee on behalf of the petitioners. They presented a power point presentation consisting of twenty-two (22) slides (copy attached). Their presentation highlighted details of the seven (7) areas of the planned development noting that the New Urbanism concept of "Live, Work and Play" would be incorporated. • Project location near the intersection of Angela Boulevard/Edison Road & Eddy Street • Plan Evolution-Planning History from 1968 to present • Plan Evolution-Kite Progress from August 2(}05 to present • May 2006 Plan for Phase 1 (Slide # 5} • May 2006 Preliminary Renderings (Slide # 6) • Current Plan for Phase 1 (Slides # 7, 8) • Density comparisons (Slide # 9) • ArchitecturelMassir~g (Slide # 10) + Community Views (Slide # 11) • Community Open Space (Slides # 12, # 13) • Site Connectivity {Slide # 14) • Traffic (Slide # 15) • Parking (Slides # 16, # 17) • Economic Impact to City of South Bend (Slide # 18) • Response to Public Comments {Slide # 19) • Failure is Not an Option (Slide # 20} • Downtown South Bend impact (Slide # 21) Mr, Compton noted that ongoing discussions have taken place with Joe Harmon which have resulted in architectural changes to the exterior of the facade which would face his property. He added that Notre Dame has committed to plant approximately 200 trees. Three (3) locations are currently being studied with one (1) to be selected as a proposed Open Space Park which would be addressed in a commitment. Traffic has been studied by the Troyer Group of Mishawaka who have over twenty {20) years of experience in this area, with two {2) representatives being present today. Peak hours Zan'sng and Annexation Gommittee July 9, 2007 Page 4 were identified as 7-8 am and 5-6 pm with "level of service" (LOS) being Hated in the presentation. The Walker Study was used in analyzing "shared parking" and entrances. 30% of the homes are proposed toy be low and affordable for the Triangle Development Area. Mr. Compton urged the Committee to send the rezoning request with a favorable recommendation. Council Member Kirsits Hated that the formal presentation took approximately eighteen (18} minutes. In response to a question from Council Member Pfeifer, Mr. Compton stated that he had not talked with the Manager of the Downtown Marriot. They are using White Lodging who is the largest Marriot developer. Bill Shaw okayed the proposed Marriot and he also sits on the Board of Directors for the University of Notre Dame. He added that Indianapolis has three (3} Marriot hotels located in their city. Council Member Pfeifer requested that the representatives check to see if a commitment could be made that the Downtown Marriot would be maintained. Council Member Kirsits then asked that anyone wishing to speak in favor of Substitute Bill No. 26-07 provide their name and address, and brief comments on the project. Bill Parcel of 1004 St. Vincent Street noted that he is a member of the Northeast Neighborhood Board and an employee at the University of Notre Dame; however today he is speaking as a resident. He has sent a letter of support earlier to the Council on this project. He believes that Kite has listened however he has concerns about the "carbon imprint" and noted concerns regarding the number of local vs, national chains which would locate in the development; living wage jabs; and whether local lenders would be involved. Don Sneigowski of 917 North St. Peter stated that he and his wife are in favor of the project. There have been ongoing discussions far many years and that this is a "worthy plan which should be approved". He sees Eddy Street as the "trigger to development" which would eradicate the Five Points Area. He stated that he believes that downsizing the project would destroy the needed density for a successful development. Wayne Curry of 1050 Burns Avenue noted that there has been much crime in his neighborhood. With the development, he believes that the area would be much safer, noting that the "positives outweigh the negatives", Marguerite Taylor of 714 East Corby Boulevard noted that she is the Zd of the 4t~' generation who have lived in the area, and has been actively involved throughout the development of the proposed project through the various positions she has held and currently holds. She stated that she was "appalled to hear" that persons believe that Zoning and Annexation Committee July 9, 2007 Page 5 they have had no input, when repeated attempts over the past many years far participation have taken place. She has seen too many student rentals in the area with associated neighborhood problems. She stated that the project means "way too much to the neighborhood and the city" and urged the Committee for its full support. Luella Webster of 701 East Howard noted that she has lived in the area far 23 years. She noted that the woods have trees which have fallen down and are the home to rats, squirrels, possums and other rodents, and that a shooting has taken place near the woods. She urged the Committee for its support. Jim Roemer noted that he formerly lived at 422 East Angela and fully approves of the project. He believes it would be "a wonderful opportunity for retail and residential development" Many great organizations came together and provided the needed money to begin discussions over many years for this development. Working together the city can move forward on this great project. Dick Nussbaum, an attorney far the past thirty (30} years, with offices at 210 South Michigan Street noted that in 2000 he was asked to form the NNRO as a nat-for-profit corporation. The NNRO is designed to take advantage of the institutional members who have an equal amount of residents from the area on the Board. Trust has been developed and earned. In December 2003 the plan was approved and critical tax legislation for residential T11= for the Triangle Project was enacted, both are very important to the success of this area. He believes the project could be a model which could be copies into other parts of the city. He noted That he also sits on the University of Notre Dame Board which is 100°1o behind this project. They have made commitments to "make sure that the project turns out right". Juan Manigault of 1623 Kevin Court stated that this is a great project. $200 million of private investment will result in the growth of the tax base; increased property values; great partnerships will attract new consumers which will be anchors. He fully supports the development. Greg Hakanen, Director of Asset Management and rEal Estate Development for the University of Notre Dame noted that the Council has received a letter from James J. Lyphout, Vice-President far Business Operations (July 6, 2007 letter attached}. Mr. Lyphout is at a planning retreat and cannot be present today. The site is critical to the success of the project. The wooded area does not contain "high-quality woods" and has been used as a garbage dump and ash dump. Approximately one-third (113) or 6 '/z acres of the wooded area will be preserved of the almost 19 acres. He noted that an additional twelve (12} acres will be development by the University of Notre Dame as a Town Commons at the northwest corner of Edison and Eddy where approximately 2DD trees and other plantings will take place. Last year the land in question for the rezoning Zoning and Annexation Committee July 9, 2DD7 Page 6 was voluntarily annexed into the city. The real estate will be "tax bearing properties"; with some being leased and some being sold. The Northeast Neighborhood is very important to the city, which has had a sometimes "troubled and blighted past". In 2000 NNR~ was founded for urban redevelopment at a cast to the founding organizations. He urged the Committee to move forward on this new development. Mayor Stephen Luecke with offices on the 14t" Floor of the County-City Building noted that city staff and institutional partners have been working for a long time. He appreciates Kite's cammitments. He noted that public infra-structure would be paid from the taxes from the development. He urged the Committee to recommend the substitute ordinance favorably. Council Member Kirsits noted that the time was now 4:30 p.m. and that any persons wishing to speak in opposition to Substitute Bill No. 26-06 should provide their name and address and give their comments to the Committee. Steve Sabo noted that he has offices located on Mishawaka Avenue in South Bend. He is "alarmed" by the development which "began as a Village in the Woods" and is now the "City of Notre Dame at the expense of South Bend with some service level jobs". He stated that it is "way out of scale'; would drain from downtown South Bend; would became a new urban hub by Notre Dame while downtown South Bend needs development badly". He does not believe that it should be given "favored status, since it is draining the life blood out of downtown". Elizabeth Van Jacob of 1114 Stanfield Street noted that she was speaking for Julie and Joe Harman. She then read a July 4, 2007 2-page memo into the record (copy attached}. She lighted eight (8) areas: 1. Height of the buildings on both sides of Eddy Street 2. Height of the full service hotel and relocation of condominiums 3. Quality screening 4. Incorporation of a firehouse and walking beat patrol officer 5. Restricted parking on neighborhood streets 6. Additional traffic studies 7. Walkable green space 8. No free standing barslpubslalehouses in Area 1 of the development She asked for concessions on each of these topics, Jessica Payne of 1119 North Frances noted her concerns are for the "overall success of the project". She asked the Council Members to ask questions and find answers; and to verify information. She stated that proposed heights are above Code requirements and PUD requirements. She appreciates the commitment to nine (9} stories for the full- service hotel since twelve (12} stories would be permitted. She alleged that the project Zoning and Annexation Corr~mittee July 9, 2007 Page 7 is 87% above the standards. She asked what the hours of operation would be? She stated that she has three (3) children and that noise from the stores will filter into the residential neighborhood. How would noise be controlled? She believes that their homes will lose value; become inaccessible because of parking and traffic volume. She voiced overall concern for the scale of the project. Linda 1=inke of 918 East Napoleon noted that she bought her home in 1977 and lives next to Joe Harmon. She voiced concern about the density of the project; and worries that the houses and condos will be bought by Notre Dame alumni for their children who would be attending the university. She asked "who would be policing the students?" How many local businesses will be in the development? She noted that the woods have many animals, and the city currently does not want to deal with them. She asked "Who will?" She suggested bamboo plantings. She noted that students have a lot of computer equipment and related items which will be prime targets for crime. She asked "who will get the low income housing?" Conrad Damian of 718 East Broadway inquired how long will it take for the rest of the city to benefit from the revenues generated from the proposed project. He has heard verbal commitments from Kite but assumes they will never see them in writing. He sees the development as too much asphalt and big boxes, similar to Erskine Village which is not pleasant or pedestrian friendly. He sees Notre Dame and Notre Dame students as benefiting from the development, as well as ND alum, their trustees and investors. He believes it "will help the economy of the wealthy". He then voiced concern over the project low wage jobs. He added that a 9-story hotel "does not transition and this should not be separate from the downtown". He sees it as "protecting the students from the real world; and that it would serve the wealthy and take advantage of the poor". Council Member Kirsits noted that although the thirty (30) minutes has expired that he would permit the four {4) persons standing in line to speak to address the Committee. Mary Beth Dickey of 1'105 North 5t. Joseph noted that her husband is a professor at the University of Notre Dame. She then showed pictures to the committee of the area in question which focused on the wooded area. She stated that she was heart-broken to see trees go down for the new road; that birds, red fox and deer will be lost forever along with many beautiful trees. She questioned how 200 trees could be planted near the DeBartolo building. She asked Kite to humanely trap the animals and relocate them. She asked the Council Members to "recognize the loss of this beautiful woodland which has grown for more than eighty (80) years". She asked if the six (6) acres will be ~, open to the public? Will it be fenced off? Will this be a green sustainable development?" She stated that she believes the city will be taking a step backwards. Council Member White noted that the Committee meeting is a time to listen and hear from individuals on the proposed project and that is why the Council Members are not asking questions at this time. Zoning and Annexation Committee ,July 9, 2Q07 Page 8 Kathy Hall of 1211 Stanfield Street voiced concern about traffic. She noted that it is difficult now to turn off of her street onto Angela Boulevard; and that with the many events at the University that it becomes especially challenged throughout the year. She asked "where are the cars going to go?" She asked the Council Members to "think about when the eyes of the nation will be on us". She urged the Council Members to closely listen to their concerns and address them in commitments. Tracy Thomas of 1024 Leeper Avenue noted that she lives with her husband and children at this address. She asked `"where are the commitments in writing?" She asked that there be commitments regarding mature planning and a barrier wall. That the need for the super-sizing be explained so that their equal protection rights are protected. Alan Seeball of 1324 North St. Joseph noted that he is an engineer. He voiced concern over the development's proposed changes which have taken place in the last seventy (70) days. He stated that there are "significant deviations from zoning standards". He suggested: • That trees be saved • That 1,28'! parking spacing will require roof top parking which has not been addressed • That the traffic study should be released to the public • That with regard to the loss of the woods that there are probably 500 trees per acre in the ND woods averaging 1 tree every $7 feet. {He noted that one tree supplies the oxygen for two (2) people per year and that 20,000 South Bend resident's oxygen will be lost) The development "can do better than cutting trees" He added that the originally proposed plan he believes was better. He urged the Council Members to seek moderation; and that Joe Harman's recommendations should be pursued. Counci! Member Kirsits thanked every one for their input, and concluded the Committee's public hearing. He noted that as Council Member White has mentioned, today's hearing was held to hear from individuals about the project. No formal action would be taken today by the Committee. He added that the presenters would be making another presentation at tonight's 7 p.m. Common Council meeting and that the public will have the opportunity to speak in favor, in opposition, and will be able to ask further questions. Council Member Kirsits then adjourned the Committee meeting at 5:17 p.m. Zoning and Annexation Committee July 9, 2007 Page 9 Respectfully submitted, ~~ ' ~` ~~~ ~ ~~ Council Member AI "Buddy" Kirsits, Chairperson Zoning and Annexation Committee Attachments