HomeMy WebLinkAbout02-25-08 Zoning and Annexation Committee Minutesy
_ Zoning and Annexation Committee Meeting
2008 South Bend Common Council
The February 25, 2008 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 3:54 p.m. in the Council's Informal Meeting Room, 4th Floor of the
County-City Building.
Persons in attendance included Council Members: Henry Davis, Jr., LaFountain,
Puzzello, Varner, Rouse, Kirsits, Oliver Davis and White; Mayor Stephen Luecke, City
Clerk John Voorde, Mark Lyons, Mrs. Kopola, Martha Lewis, Craig Bennett, William
Hollingsworth, Bill Schalliol, Public Works Director Gary Gilot, Bob Matia, unidentified
members of the public and the news media, and Kathleen Cekanski-Farrand, Council
Attorney, and Jamie Loo of the Soufh Bend Tribune.
Council Member Kirsits noted that the committee members include Council Member
Council Members Oliver Davis who is the Vice-Chairperson, Dr. Varner, Thomas
LaFountain and himself.
Council Member Kirsits stated that he will make copies of this year's Zoning and
Annexation Committee brochures to any one who wants one (copy attached). He also
added that anyone from the public who wished to speak should sign the attendance
sheet (copy attached).
Council Member Kirsits then call for a report from the Area Plan Commission ~on
Substitute Bill No. 08-08 which is a rezoning request for 3515 McKinley Avenue.
Bill No. 08-08: Proposed Rezoning for 3515 McKinley Avenue:
Mark Lyons, a planner with Area Plan, reviewed the report (copy attached). Mr. Lyons
noted that the petitioner plans to rezone the property located at 3515 McKinley Avenue
from "CB" Community Business District to "MF2" High Density Multi-Family District. The
Area Plan Commission held a public hearing on the request on February 19, 2008. Mr.
Lyons noted that:
• The site is currently vacant with a driveway running through it
• The site has single family houses to the north, commercial buildings to the east,
single family houses to the south and west
• The site is approximately 16.08 acres with the site plan showing thirteen (13) 2-
story buildings with sixteen (16) units each; a 2,200 square foot Club House;
47% of the site will be open space; 463 parking spaces are proposed; Type A
open landscaping would be required along the entire perimeter and Type C full
screening along the north property line
• The site will be serviced by city water and sewer
Zoning and Annexation Committee Meeting Minutes
February 25 , 2008
Page 2
• Proposed rezoning is consistent with the City's Comprehensive Plan's Housing
Policies
Mr. Lyons noted that the Area Plan Commission sends the request to the Council with
an unfavorable recommendation.
In response to a question from Council Member Oliver Davis, Mr. Lyons stated that he
could not respond as to why the Commission gave the request an unfavorably
recommendation. He noted that the Area Plan Staff gave a favorable recommendation
stating that the "proposed development would serve as a buffer between the
commercial development to the east and the residential areas to the north and west.
The addition of required landscaping and building setbacks should buffer the
surrounding single family areas from the proposed development".
Council Member Puzzello stated that there were over 100 people in attendance at the
Area Plan Commission public hearing on the rezoning request, and that that was a
factor.
The petitioner, Mr. William Hollingsworth, the sole member of the General Partner of the
McKinley Apartments Housing Partners, L.P. with offices located at 12557 Branford
Street, Carmel, Indiana 46032, asked that the committee table the rezoning request
indefinitely.
Mayor Stephen J. Luecke stated that Mr. Hollingsworth met with him this afternoon.
The Mayor stated that he believes that the city should have affordable, decent housing
and is supportive of it, however he also believes in the zoning process. Stepping back
from the expedited process which was requested because of the state's deadlines
addressing tax credits, may be in the best interests. He noted that the petitioner is
currently constructing affordable housing on the south side off of Prairie Avenue. He
appreciates all the efforts which have been made.
Dr. Varner thanked Mr. Hollingsworth for requesting additional time to try and work
through the issues related to this rezoning request.
Council President Rouse thanked the Mayor and Mr. Hollingsworth for their continuing
efforts on this development. He noted that he questioned from the very beginning the
urgency of fast-tracking the project, noting that neighbors need to be part of the
process.
Council Member Puzzello noted that legal notice, although required for property owners
within 300 feet of the proposed rezoning, should be more inclusive.
Zoning and Annexation Committee Meeting Minutes
February 25, 2008
Page 3
Mr. Hollingsworth noted that the decision to ask for a continuance was made in the last
hour.
Craig Bennett of 3417 Oakcrest Drive in South Bend, a homeowner association official,
stated that he believes that the Area Plan Commission did not give an unfavorable
recommendation just because of the number of people in attendance at their meeting;
noting concerns about their unwillingness to consider tabling the measure earlier.
Council Member Kirsits noted that the Committee has a long history of honoring
requests from petitioners for continuances. Such requests are not open to debate from
the public, therefore he has limited the public comments just to Mr. Bennett's.
The Council Attorney noted that under governing Indiana state law and local ordinance,
the Common Council has a maximum of ninety (90) days to take final action on
rezoning requests. The date begins from the date of certification received from Area
Plan. She noted that Mr. John W. Byorni, Executive Director of Area Plan sent a
certification letter on February 20, 2008. If the Council fails to take action within the
ninety (90) days, the action taken by APC would control. She added that since the
Petitioner has requested an indefinite continuance, instead of to a date certain, that the
request for a public hearing date would first be listed under "Unfinished Business" and
then set for a date certain at the next regular Council meeting.
Mr. Hollingsworth stated he wanted the continuance indefinitely.
Dr. Varner then made a motion, seconded by Council Member Oliver Davis that
Substitute Bill No. 08-08 be recommended to be continued indefinitely, at the request of
the Petitioner. The motion passed.
Council Member Kirsits thanked everyone for their emails, voice mails, and other
contacts, as well as for coming to the Committee meeting. He noted that the Zoning
Annexation Committee is looking for two (2) persons to serve as citizen members. He
encouraged anyone who is interested to stop and contact him or the Council Attorney
after the meeting.
Council Member Kirsits then adjourned the meeting at 4:08 p.m.
Respectfu/ll~y submitted,
Council Member AI "Bu y" Kirsits, Chairperson
Zoning and Annexation Committee