HomeMy WebLinkAbout04-28-08 Zoning and Annexation CommitteeZONING AND ANNEXATION COMMITTEE Page #1
The April 28, 2008 meeting of the Zoning and Annexation Committee of the South Bend Common
Council was called to order by its Chairperson, Councilmember AI "Buddy" Kirsits at 4:35 p.m. in
the Council's Informal Meeting Room.
Committee Members in attendance included Council Members Kirsits, Oliver Davis, Tom
LaFountain, David Varner.
Other present were: Councilmember's Timothy Rouse, Derek Dieter, Henry Davis, Ann Puzzello;
Steve Cooreman, Mike Danch, Carl Littrell, Chuck Leone, Mark Lyons, Cathleen Seitz, Don
Brubaker, Larry Porter, Charles VandeViere, Pat McGann, Don Napoli, Kathy Cekanski-Farrand,
Council Attorney, John Voorde, City Clerk.
BILL N0.08-34 CLEVELAND 8~ LYNNEWOOD ANNEXATION FISCAL PLAN
Chairperson, AI "Buddy" Kirsits, recognized George Adler, a City Planner with the Department of
Community & Economic Development who reported on the city's fiscal plan to provide city
services to an annexed area as required by state law. Mr. Adler maintained the proposed 4.92
acre annexation would have negligible financial impact on the city's ability to provide services to
the parcel. His report further indicated all affected city departments had reported like findings.
On a motion by Councilmember David Varner, seconded by Councilmember Oliver Davis the bill
was sent favorable to Council.
BILL NO. 12-08 ANNEX 8~ REZONE CLEVELAND Si LYNNEWOOD - 4.92 ACRES FROM "R"
RESIDENTIAL TO CB COMMERCIAL BUSINESS
Chairperson, AI "Buddy" Kirsits began proceedings by recognizing Mark Lyons from the Area
Plan Commission to report on the APC hearing on the proposed rezoning. Mark indicated the
APC held a public hearing on April 15 at which time the rezoning was sent to Council with a
favorable recommendation subject to 3 commitments agreed to by Mr. Cooreman. As explained
by Mr. Lyons these requirements include 1. No drive thru window on the proposed restaurant
located on the SW corner of the parcel. 2. Access to the adjacent parcel to the east would be
maintained and 3. Egress from the parcel on the Lynnewood side would be left only or south
toward Cleveland.
Mike Danch of Danch, Harner Consultants representing the petitioner proceeded to present the
Cooreman proposal. He described three proposed buildings on the site plan. To the north a
14,500 square foot building for small shops. A second of 10,000 square foot to the east for small
shops with access open to a parcel to the east. A third of 5,300 square feet on the SW corner
most probably a restaurant, but not afast-food with drive thru. To accommodate nearby
residents concerns, traffic flow would not funnel to the north and the boundary to the north would
be heavily screened. Furthermore, trash pick-ups would be restricted to 8:00 a.m. to 5:00 p.m.
Council Attorney Kathy Cekanski-Farrand, suggested all agreed to conditions could be put in the
form of commitments allowing further review by the Area Plan Commission.
Mike Danch agreed and added that the developer would comply with any engineering designs for
traffic safety.
Steve Cooreman then began apower-point present on the vision of his for Cleveland Crossing
talking at length about the characteristics of the site and overall area. He went on to detail his
efforts to ameliorate neighborhood concerns. The detail of this presentation is on file with the City
Clerk's Office.
Zoning St Annexation 4-28-08 Cont'd Page #2
Councilmember Kirsits then allowed any public in support to speak. There were none.
Opposition to the rezoning was offered by Cathleen Seitz, a nearby resident who first read a letter
of opposition from Don Napoli, Director of the St. Joseph County Library. In that there is to be a
new branch library, built just to the NW of the parcel Mr. Napoli's letter raised traffic and safety
concerns for library patrons. This letter is on file in the Clerk's Office as well.
Don Brubaker said the development and possible new traffic signal would compromise air quality.
Larry Porter spoke to an already congested Cleveland Road made unsafe by high seeds. The
speed limit on Cleveland is currently 45 mph.
Charles VandeViere, a nearby resident, pointed out that 8 school buses transverse the
neighborhood serving 35 school age children.
Pat McGann owner of property to the east spoke neither for nor against; but proposed that traffic
would be eased with a cut in the divider on Cleveland and a curb cut between the two parcels.
Councilmember Kirsits then opened the Council portion; Councilmember Dieter speaking in
support said Cleveland should and will be developed. Councilmember Varner indicated that while
change can be hard, the future of Cleveland Road was commercial not residential.
Councilmember LaFoutain stated traffic to the north needed to be restricted.
Chairperson Kirsits stated he was opposed to the development as long as it included a restaurant
resulting in too intense traffic flows.
Councilmember Varner motioned to send to Council favorably; but it failed to get a second.
Councilmember Oliver Davis asked Mr. Cooreman if the project could proceed without a
restaurant. Cooreman said no; but agreed to a restaurant with no drive thru.
Varner made a motion to send favorably, with no right turns on Lynnewood and no drive-thru
restaurant. Councilmember Oliver Davis seconded. Councilmember LaFountain supported.
Chairperson Kirsits opposed.
There being no further business to come before the Committee, Chairperson Kirsits adjourned
the meeting at 6:20 p.m.
Respectfully Submitted,
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AI "Buddy" Kirsits, Chairperson
Zoning and Annexation Committee
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