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HomeMy WebLinkAbout12-12-05 Zoning & Annexation L i t South Bend Common Council Zoning and Annexation Committee Minutes from Meeting of December 12, 2005 The December 12, 2005 meeting of the Common Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ery Kuspa, at 3:32 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer, Kelly, Puzzello, Kuspa, Rouse, Kirsits and White. Among those also present were City Clerk John Voorde,Area Plan Director John Byorni, City Engineer Carl Littrell, City Community and Economic Director Sharon Kendall, Building Department Director Don Fozo, City Attorney Chuck Leone, Jamie Loo (South Bend Tribune), and Aladean M. DeRose substituting for Kathleen Cekanski-Farrand, Council Attorney. A quorum of the Committee existed with members Rouse,Kirsits and Kuspa present,joined at 3:43 p.m. by Council Member Dieter. A. Presentation on Bill No.47-05 Amending Various Sections of the Zoning Code, Chapter 21, Article 2 of the South Bend Municipal Code. The Committee Chair called for presentation of Substitute Bill No.47-05. Building Director Don Fozo deferred to City Attorney Chuck Leone for presentation of this Bill. Mr.Leone stated that most of the changes to the Zoning Code contained in Bill No. 47-05 were part of the ongoing clarification process after adoption of the new Zoning Code. The insertion in Bill 47-05 prohibiting parking in front yards had always been part of the prior Zoning Code and it was the intent of the new code drafters to retain that prohibition. However, in a decision issued by St. Joseph Circuit Court Judge Michael Gotsch in June, 2005, the new language of the Zoning Code was interpreted to contain no prohibition against parking in front setbacks. It was the Court decision that has triggered the Ordinance amendment. Mr. Leone emphasized that this is an important City wide restriction affecting quality of life throughout the City. He suggested that if exceptions are to be made for a specific neighborhood,that this be done at a later date because of the general desire and need for the restriction throughout the City. Mr. Fozo concurred with Attorney Leone and said that the Ordinance did not spell out a no parking in front setback restriction. However,it was not the intent of the new Zoning Code drafters to delete anything from the Ordinance. They just didn't spell it out specifically. Mr. Fozo emphasized that this Code amendment was nothing new or different from the past. Committee Chair Kuspa said that this is truly a quality of life issue throughout the City and that front lawns have occasionally looked like used car lots. Some homeowners have parked four to five cars on the front lawn along with motorcycles. Mr. Kuspa suggested that for Notre Dame weekends, it may be appropriate to make allowances. Mr. Kuspa then opened the discussion to members of the public who were present. Ms.Jane Avis of Wooded Estates read an email that she had recently sent to Council Member Puzzello. Ms. Avis stated that she was a 31 year resident of the Wooded Estates area and that the association president who opposed the ban on parking was speaking for himself. No meeting of the homeowners was ever convened and no foimal vote taken. She said that the streets in Wooded Estates are narrow, winding, and without sidewalks. The addition of 100 cars or more on Notre Dame weekends is unsightly and dangerous. Notre Dame fans use the area for tailgating which brings alcohol consumption and trash. Owners charge $10.00 to $20.00 per car for parking. This is not legal and no exceptions should be made for this area. Ms. Jane Hopey, also a resident of Wooded Estates stated that she supported her neighbor, Ms. Avis,and that parking is an intrusion. Wooded Estates contains around 130 homes and nobody that she knew in the neighborhood was aware of an association position on this particular Ordinance. Another Wooded Estates resident, Jane Hoffman, spoke and identified herself as Co- President of the Wooded Estates Association. She concurred in the statements of her two neighbors. She realized the danger in the parking on lawns in the Wooded Estate area as she drove home one evening after a Notre Dame game. Pedestrians were numerous and cars were pulling out of parking areas. With no sidewalks in Wooded Estates, this combination of factors is dangerous. The next speaker was Mr. Steve Hayes, 1218 White Oak Drive, South Bend. Mr. Hayes is Co-President with Jane Hoffman of the Wooded Estates Neighborhood Association. He has no objection to the City reinstating the parking ban City wide. He also agrees that his neighborhood is split. He is not sure if more oppose than support the parking ban,but there is clearly no unanimity. Mr.Hayes noted that the City had not enforced its parking ban until five years ago. He opposes Bill No.47-05 because Wooded Estates and other neighborhoods near Notre Dame will now be subject to fines and ticketing, a process that just began about five years ago despite over 40 years of Notre Dame football games. Mr.Robert Gammage, 1100 North Twyckenham,spoke against the parking ban. He said the real problem are cars on the street, not on lawns. Driveways cannot really be blocked in Wooded Estates,but they can be blocked on City streets. He advocates an exemption for the six Notre Dame games each year and commented that some people buy property in the Wooded Estates area because they want the proximity to Notre Dame. If 3,500 cars cannot park on lawns, they will just park somewhere else and cause congestion. Mr.John Alexander, 1117 North St.Louis Boulevard spoke against the parking ban. He says that he parks cars on the side of his home not on the front yard, and he shared the view of Mr. Gammage that cars parked on the street are really the problem and that alleyways are blocked. He has not seen trash in yards. The cars parked on lawns are protected. Vandalism occurs in cars parked on the street. Committee Chair Kuspa noted that the Bill covers numerous items and not just parking. He also pointed out that it is not the Committee's role to vote on the Bill,only to make recommendation to the Council Committee as a whole. Page 2 Council Member Dieter asked whether the Bill could be amended to delete the provision regarding parking and Attorney DeRose said that this could be done. Mr. Dieter also said that he received a letter from Attorney James Masters which bears consideration. Council Member Kirsits also stated that he was impressed with Mr.Masters'letter which says the residents are upset generally with vehicles parked in front yards but that the process currently in effect does not work and a new approach is needed. Council Member Puzzello said that her problem was not just the issue of parking on lawns, but that if the front lawn portion of the Bill is omitted or deleted, there will be repercussions throughout the City. Council Member Rouse stated that the Council wished to have an Ordinance that prohibits parking on front lawns,but which is enforceable. Council Member White noted that we have a solid, strong, enforceable Ordinance which needs to be supported. She added that there are so many issues under this Bill that it may be preferable to refer it back to the Zoning Committee. Council President Pfeifer said that she was concerned with selective, discriminatory enforcement. The City always requires adequate parking by those who host events within the City. Ms. Pfeifer believes that Notre Dame does have adequate parking for football fans and that fans choose not to park in designated area. Allowing parking in front lawns encourages non-use of official parking sites. According to Ms. Pfeifer it is unwise to give the appearance of special rules for special neighborhoods. Council Member Kelly agreed that a parking ban should apply uniformly throughout the City. City Attorney Leone reminded the Council that the Zoning Code as interpreted by Judge Gotsch now permits parking on lawns City wide, which is not a good thing. Member Krisits said that the idea of a special permit as contained in the letter of Jim Masters makes sense. He also added that because it's now wintertime, there will not be parking on lawns and he questioned the current enforcement procedure. Attorney Leone responded that the City enforces the no parking ban by ticketing and by injunctive relief against owners who violate the Ordinance habitually. Council Member Dieter stated that the Council needs more time to work on this and he moved to table the Council's consideration of Bill 47-05 to the Board's meeting of January 23, 2006. The motion was seconded by Member Rouse and passed unanimously. Thereafter, the Council discussed the effect of Indiana law upon Zoning Code amendments and the requirement that the legislative body act within 90 days of Area Plan Commission decision making. Attorney DeRose said that she did not know the answer to this question but would find the answer before the evening Council's 7:00 p.m. meeting. City Engineer Littrell stated that if the Council fails to act on a Zoning Code amendment,it becomes effective after the passage of 90 days. Because of this,the Committee was concerned that Bill 47-05 would become effective despite their concern with it. The Committee then resolved to send the Bill to the full Council with no recommendation so that if Council action was required to avoid the default effectiveness of the Ordinance, the Council would have the option to reject Bill 47-05 in full or in part. B. Presentation of Bill No. 65-05. Committee Chair Kuspa noted that this Bill was placed on the Council's agenda in error and that it would not be considered at Committee or at the full Council meeting. Page 3 C. Bill 05-135- Approving a Zoning Appeal for Property Located at the Southeast Corner of Fellow Streets and Haney Avenue also known as 1503, 1504, 1507, 1508, 1511 and 1512 Hermosa. The Committee Chair called for a presentation of Bill 05-135. Mr. Robert Palm, surveyor, with offices in New Carlisle,Indiana appeared as representative of owner David Lantine. Mr.Palm stated that the area contained two single family residences which have been in existence since 1923. The purpose is to subdivide the two lots so that they can be sold into six separate lots with six homes. The owner seeks a special exemption designation MF 1 for single family residences. Originally, the area was spot zoned, but is surrounded by single family residences. Mr. Don Fozo said that the BZA approved the variance contingent on the special exception being granted and the special exception was approved three to one by the BZA No member of the public spoke for or against Bill 05-135 and Council Member Kirsits moved to send the Bill to the full Council with a favorable recommendation. The motion was seconded by Council Member Rouse and passed unanimously. D. Bill No.05-136 Special Exception for 2335 Shields Drive to Erect Ambient Air Monitoring Station. City Engineer Carl Littrell stated that the property subject to the Special Exception for Utilities and Variance is owned by the City of South Bend. He explained that the City's acquisition of this property was complex and involved the creation of the driveway known as Shields Drive which serves as access to the Army Reserve Center and to the University of Notre Dame's catalog warehouse. The special use and utilities exception will allow the move onto this premises of an air monitor trailer. Mr. Littrell then introduced Steve Lunwick of the Indiana Department of Environmental Management(IDEM)with offices at 100 North Senate Avenue,Indianapolis,Indiana. Mr.Lunwick stated that the current monitor site is located at the corner of Angela and Eddy and that this site must be moved due to construction and renovation by the University of Notre Dame. Mr. Lunwick explained that the monitor measures for ozone and that the data from this station is used by City, County and State governments to determine the air quality standards of the area. According to Mr. Lunwick, PM 2.5 and ozone are two important measures taken from this monitor. St. Joseph County has achieved attainment of PM 2.5, but not ozone; and the data collected should help prove that St.Joseph County is achieving its ozone standard requirements. The data is also used to do forecasting for ozone action days and MACOG uses it for air quality standards. An air monitoring station requires open space without obstruction to make the data reliable. The proposed site is good because it is hard to find space within the City that is open. Mr. Lunwick circulated photographs of the current monitor station. Board Member Kirsits asked whether the monitor to be erected would be exactly as shown in the photograph and Mr. Lunwick replied that it would. Ms. Puzzello asked about the height of the trailer and the fence. Mr.Lunwick stated that both were six feet high. Ms. Puzzello then asked whether there could be shrubs as high as the fence and Mr. Lunwick responded that the reason for Page 4 the exception is to avoid shrubs. He noted that the area is a parking lot. Council Member Varner asked why Notre Dame needed to move. Mr.Lunwick stated that IU owns part of the land and that Notre Dame wishes to acquire all of the current site for use as an arboretum for its fine arts center. Council Member Varner asked whether the data results would change in moving the monitor from a field to a parking lot,and also whether the City would be penalized if ozone goals are not met due to unreliability of data. Mr. Lunwick responded that two other monitor sites exist and both are located on parking lots, i.e., at Navarre and La Salle Intermediate schools. Mr. Varner stated that his concern was for CO2 emissions from vehicles and that results might be skewed if the monitor is in a parking area. Mr. Lunwick said that the controlling site for ozone monitoring is located in Granger, and that's the site which will determine ozone attainment. Ms. Pfeifer asked if there would be a fence surrounding the monitor trailer on its new site. Mr.Lunwick said there would be,but there will be no greenery. Mr.Littrell also confirmed that the entire parcel of land on which this monitor is to be placed is owned by the City. Don Fozo informed the Committee that the BZA heard this petition on November 17, 2005 and granted the variance to delete screening. It also voted in favor of re-zoning. Mr. Kirsits said he had received only one letter in opposition and that it was a good fit for this area. Mr. Kirsits moved to send the Bill to full Council with a favorable recommendation, seconded by Mr. Rouse, which passed unanimously. There being no further business to come before the Committee, Committee Chair Kuspa adjourned the meeting at 4:40 p.m. Respectfully submitted, Council Member Ery Kuspa, Chairperson Zoning and Annexation Committee AMD/cw Attachments Page 5