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HomeMy WebLinkAbout12/10/07 Zoning and Annexation Committee~~- Zoning and Annexation Committee Meeting 2007 South Bend Common Council The December 10, 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 3:59 p.m. in the Council's Informal Meeting Room, 4th Floor of the County-City Building. Persons in attendance included Council Members Dieter, Kelly, Puzzello, Varner, Rouse, Pfeifer, White and Kirsits, Mayor Stephen Luecke, Public Works Director Gary Gilot, Acting Building Commissioner Charles Bulot, City Clerk John Voorde, Police Chier Thomas Fautz, Don Inks, Planner Mark Lyons, Interim City Controller John Murphy, Troy Terew, Marty Wolfson, Stephen Kiai, Pauline Kieme, Pastor Charles, Mrs. Kopola, Martha Lewis, Kathleen Cekanski-Farrand, Council Attorney, and Jamie Loo of the South Bend Tribune. Council Member Kirsits noted that the committee members include Council Members Kuspa, Pfeifer, Varner and himself. Bill No. 70-07: Zoning Request for 623 South St. Joseph Street: Council Member Kirsits called for a report from the Area Plan Commission Staff. Mark Lyons, a Planner with Area Plan gave the report from the Area Plan Commission. Mr. Lyons noted that the zoning request of River of Life Family Church, Inc. is to rezone from "SF2" Single Family and Two-Family District to "O" Office District for the property located at 623 South St. Joseph Street. He further reported that the Area Plan Commission held a public hearing on November 20, 2007 and sends the request with a favorable recommendation to the Council. (Report attached) The petitioner, Troy Terew, of 8055 Windham Lake Drive, Indianapolis, Indiana 46214 made the formal presentation. He noted that the property would be used as a parking lot and would be properly landscaped as required by the South Bend Municipal Code. Council Member Pfeifer stated that the property in question is in her Councilmanic District and that she is in favor of this ordinance. In response to a question raised by Council Member White, Pastor Charles noted that he is the Assistant Pastor of the River of Life Family Church, Inc. He stated that he does not believe that there will be any negative impact on the on-street parking and that they are currently discussing an agreement for off-street parking arrangements. Council President Rouse noted that hard work of the Mayor's Office and others in collaborating on this project. He stated that it is a good opportunity for the city. Zoning and Annexation Committee Meeting Minutes of December 10, 2007 Page 2 Following discussion, Council Member Pfeifer made a motion, seconded by Dr. Varner that Bill No. 70-07 be recommended favorably to Council. The motion passed, Bill No. 07-134: Board of Zoning Appeals Petition for 1126 Victory Drive: Council Member Kirsits called for a report from the Board of Zoning Appeals, noting that this item was continued from the last Council meeting (copy attached) Charles Bulot, Acting Building Commissioner reported that the Board of Zoning Appeals held a public hearing on October 18, 2007 on the request of Pauline Kieme and Stephen Kiai who are seeking a special exception to allow an assisted living home in a "SF1" District at the property commonly known as 1126 Victory Avenue. The Board of Zoning Appeals sends this Bill to the Common Council with a favorable recommendation. Mr. Bulot noted that he faxed a letter to the Office of the City Clerk noting that assisted living requests are reviewed on a case-by-case basis; that licensing is only required when there are ten (10) or more residents; that building standards must be met if there are five (5) or more individuals; and that the request is for 1-3 individuals who would have 1-2 care givers. Council Member Kirsits suggested that the house have ahard-wired smoke alarm system installed so that there would not be a tragedy. Stephen Kiai and Pauline Kieme the petitioners made the formal presentation on the request. He noted that the residents will be mobile and not completely disabled. There will be a total of three (3) residents since they only have three (3) beds. He stated that there would be a caregiver present on a 24/7 basis. Council Member Puzzello suggested that all residents receiving care must be 55 years of age, to which the Petitioners agreed. In response to questions raised by Council Member Puzzello, Mr. Bulot noted that smoke alarm enforcement would be required every six (6) months if there are five or more residents, with handrails, etc being required. The Petitioners noted that they are very aware of safety requirements, with Mr. Kiai noting that he is a registered nurse. The Council Attorney recommended that Section IV of the Bill be amended by adding the following: ", and further conditioned upon: 1. That there will be a hard-wired smoke alarm system with a battery backup installed at the location; and 2. That all persons receiving care at this location will be 55 years of age or older with no more than three (3) persons being card for at one time". Zoning and Annexation Committee Meeting Minutes of December 10, 2007 Page 3 Dr. Varner made a motion, seconded by Council Member Pfeifer that Bill No. 07-134 as amended by the Council Attorney be recommended favorably to Council. The motion passed. Council Members Pfeifer, Puzzello and Rouse suggested that the area of assisted living should be further studied in the future as to whether additional safety and zoning regulations may be in order. There being no further business to come before the Committee, Council Member Kirisits adjourned the meeting at 4:25 p.m. Respectfully submitted, „ Council Member AI "Buddy" Kirsits, Chairperson Zoning and Annexation Committee Attachments