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HomeMy WebLinkAbout11-14-05 Zoning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council The November 14, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Puzzello,Kuspa, White, Varner,Pfeifer,Kelly and Rouse; Citizen Member Martha Lewis, Executive Director of Area Plan John Byorni, City Attorney Charles Leone, Frank Perri, Jeff Gibney, Dr. Thomas Broden, Building Commissioner Don Fozo, John Phair, Derek J. Spier, Community and Economic Development Executive Director Sharon Kendall, Building Commissioner Don Fozo, Maria S. Munguia, Ann Maddix, Larry Magliozzi, P.J. Thuringer, Mrs. Kopola, City Clerk John Voorde, Gladys Muhammad, Mike Griffith, Mike Baxtor, Jeff Parrot of the South Bend Tribune and Kathleen Cekanski-Farrand,Council Attorney. Council Member Kuspa noted that the Committee consists of Council Members Rouse, Dieter Kirsits and himself. At the current time he noted that a quorum of the Committee is not present, therefore presentations would be heard without recommendation. He further noted that the Committee asks in an advisory capacity, with the Common Council having the final authority. He asked that persons wishing to testify before the Committee give their name and address for the record. He added that he has copies of the Committee's brochure addressing "Zoning Procedures" (copy attached)which summarizes the basic rules and regulations. Council Member Kuspa noted that the first item on the agenda was Bill No. 05-123 which addresses the written fiscal plan and policy for providing services to the proposed Waggoner's Dairy Farm, Inc. Phase II annexation area in German Township. Council Member Kuspa stated that it would be heard in conjunction with Substitute Bill No. 43-05 which would annex and bring into the city limits and amend the zoning ordinance for 50929 Orange Road and adjacent property commonly referred to as the Waggoners' Dairy Farm Inc.,Phase II area to be located in Councilmanic District No. 1, all of which is located in German Township. Larry Magliozzi of Community and Economic Development made the presentation on Bill No. 05-123. He noted that the fiscal plan addresses phase II of a voluntary annexation. Both the Board of Public Works and the Board of Public Safety recommend the Bill favorably to Council. He noted that the police department have stated that a new police beat will be necessary once the area becomes developed. A new site for Fire Station# 12 is also being discussed. P.J. Thuringer of Area Plan noted that Substitute Bill No. 43-05 received a favorable recommendation subject to incorporated a residential buffer road concept. In response to a question from Council Member Kuspa, it was noted that progress is being made in Phase I, with the developer discussing with the city the size and scope of infrastructure items and with Dillon Drive proposed to be extended early next year and construction on the first building to begin at the same time. November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 1- Frank Perri of Holladay Corporation made the presentation on Substitute Bill No. 43-05. He provided a map of the area in question (copy attached) and provided detail related to the proposed development. There was no one from the public to speak in favor or in opposition to the Bills. No action was taken in light of a quorum not being present. Council Member Kuspa then called for an Area Plan report and presentation on Bill 66-05 which is a zoning request for the property located at 1640 South Bend Avenue and the property between 1612 and 1640 South Bend Avenue, all of which is located in Councilmanic District No. 4. P.J. Thuringer of Area Plan noted that Bill No. 66-05 received a favorable recommendation, with the request being made in order to have additional parking. Derek J. Spier of Abonmarche with offices at 750 Lincolnway East made the presentation. He noted that he was representing the current owner and the prospective owner. The site would house a law office and restaurant with a shared parking arrangement being proposed. 4th District Council Member Ann Puzzello voiced concern over tent parties being held in the current parking lot of the restaurant on Notre Dame home football game weekends with noise going to 2 a.m. in the morning. She noted that there have been no meetings with the neighbors or neighborhood group. Mr. Spier stated that Frank Julian would be present this evening who could address that concern. There was no one from the public to speak in favor or in opposition to the Bill. No action was taken in light of a quorum not being present. Council Member Kuspa then called for a presentation on Bill No. 05-129 which would approve a petition of the South Bend Board of Zoning Appeals for 746 Diamond Avenue. Don Fozo, Building Commissioner, stated that the Board of Zoning Appeals held a public hearing on the proposal on October 20, 2005, and sends the request to the Council with an unfavorable recommendation. The petition involves the conversion of a garage into living space. Maria S. Munguia,the petitioner, addressed the Committee in Spanish with Lisa interpreting the presentation into English. She requested a favorable recommendation to allow additional living space for her family. They have a large extended family and the space would be used for her personal family and would not be rented. In response to a question from Dr. Varner, it was noted that the building was an existing accessory use. Mr. Fozo noted that it was red tagged and the proper paper work was then filed. He added that the property has a duplex currently. In response to a question from Council President Pfeifer,Mr. Thuringer noted that if approved it would expand multi-family since it is currently an existing legal non-comforming use. A duplex is not a permitted use in SF 2. November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 2 of 7- In response to a question from Council Member Puzzello it was noted that if granted the accessory could be used as a studio apartment. It was noted that all utility bills are sent to one address. There was no one from the public to speak in favor or in opposition to the Bill. No action was taken in light of a quorum not being present. Council Member Kuspa then called for an Area Plan report and presentation on Bill No. 64-05 which is a zoning request for the property located at 1126 West Washington, and a Board of Zoning Appeals report and presentation on Bill No. 05-130 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 1126 West Washington. P. J. Thuringer noted that the zoning request would approve a group residence at the location in question. It received an unfavorable recommendation at the October Area Plan Commission meeting. He noted that the Commission received a petition with 100 signatures in favor of the request and that 33 additional persons either spoke or wrote letters in favor. There were 40 persons who either spoke or wrote letters in opposition. John Byorni,Executive Director of Area Plan noted that in 1991 which he believes only Council Member Pnzzello was on the Common Council,the Walnut/West Washington area was rezoned with multi-family development in that area always being part of the plan. The overall plan reflects the best land use plan for the area addressed in the map entitled "West Washington - Chapin Development Area Proposed Land Use" dated March 20, 1991 (copy attached). In response to a question from Council Member White, it was noted that the proposed request does not fit into the West Washington/Chapin area. Don Fozo, Building Director, stated that the Board of Zoning Appeals held a public hearing on the special exception for the group residence which is required under the new zoning ordinance, and it comes to the Council without recommendation. Mike Griffith of 1126 West Washington made the presentation. He noted that at the Area Plan Commission the argument was presented in opposition to their request because the area is a "single family corridor" and that "these people are going to love people and as a result they could not turn people away". He stated that they would be willing to have stipulations added. They would agree to limit the number who could reside at their residence to five (5) residents and two (2) staff members; that they would commit to abide by those limitations; and that at such time that they would sell the property in question that it would revert back to the single-family zoning use only. They would also be willing to be part of an accountability agreement with the neighborhood. Mr. Griffith then provided a map of the area in question(copy attached)which he then reviewed. He noted that there are eight (8) homes, three (3) buildings and three (3) lots currently empty. One house has been added since the Arial map was taken who supports their request. Persons who are in favor of the request include many who have visited their location, with those in opposition are those individuals who have not visited. He believes that their presence has helped curb crime in the area. He then reviewed the map detailing the zoning diversity in the area, November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 3 of 7- including a roofing company which is next door to the subject property; "The Patch" (barber shop and groceries), mixed-use zoning, West Washington Place (all multi-family), unoccupied Hansel Center, Osborn Apartments,Natatorium (empty) and the vacant funeral home. He also provided a one-page handout entitled"Catholic Worker Presentation-brief outline of pts related specifically to zoning" (copy attached). A letter dated November 11, 2005 in support of the request from Bishop John M. D'Arcy of the Diocese of Fort Wayne-South Bend was also presented(copy attached). At this time, Council Member Dieter joined the meeting, and as a result a quorum was now present. A letter dated November 14,2005 from Rev. Theodore M. Hesburgh,C.S.C.,President Emeritus of the University of Notre Dame (copy attached) was presented to the Committee. The letter among other things voiced support for the rezoning and noted that the woman caring for Father Ted formerly lived at the Catholic Worker House. In response to questions from Council Member Rouse, it was noted that the Catholic Worker House was willing to abide by the commitments presented and would be open to others suggested by the Committee. Dinner would be provided for just those individuals who live at the location; and that there would not be street people coming in for meals. It was noted that St. Augustine's has over 200 people attend their soup kitchen. Council President Pfeifer noted that the current zoning calls for no more than two (2) unrelated individuals residing at the location,and if granted there could be eight(8). Building Commissioner Don Fozo stated that some mis-information came from his office. He stated that 200 square feet per person are required for a residence zoning single-family, and that a group residence falls within the dormitory classification which requires 50 square feet per person for occupant load purposes and would permit 33. He added that the property is now SF-2. Mr. Griffith stated that they could have used Section E, if the building was to be used for religious purposes; and that a Building Department employee said they would not have to apply. He stated that they wish to remain small and would not have more than five (5) residents and two(2) staff members. Council President Pfeifer inquired whether the Catholic Workers have two (2) other dwellings in the area. Mr. Griffith stated they have one next door to the subject property and one across the street. In response to a question from Council Member Dieter, Mr. Griffith stated that they are not approaching this from a"religious angle" at this time,but are focusing on zoning. Council Member Rouse asked Mr. Fozo if he could verify the religious purposes exception referred to by Mr. Griffith. Mr. Fozo stated that he could not verify it one way or the other, however in their meetings they have focused on zoning. November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 4 of 7- Dr. Varner inquired whether there were regulations where you could only have so many of these types of zoning uses in an area. Mr. Fozo stated that there are no regulations addressing group residences; however there are state law requirements address homes for mentally disturbed individuals and adult uses have restrictions. Council Member Puzzello asked the Council Attorney whether there was a way to address the conditions which Mr. Griffith stated that the Catholic Worker House was willing to operate under at this property. Mrs. Cekanski-Farrand stated that the Council could make the rezoning subject to written commitments which would address restricting the number of persons, requiring that the property would revert back to SF-2 upon resale,etc.;however by governing state law the ordinance would then be sent back to the Area Plan Commission. Under current regulations, the Area Plan Commission would then review the requested commitments, and if they would approve them, they would be recorded. Mr. Byonri agreed with the Council Attorney on the process for imposing written commitments and stated also that they would be enforceable by the City,the Building Department,etc. Council President Pfeifer asked if the Catholic Workers only provide services to South Bend residents, noting that an article in the newspaper stated that some of their residents were from Detroit. Mr. Griffith stated that they provide service and care to those in need who may be from out of the city. Council Member White inquired whether they would maintain service to just five (5) residents, since enforcement has been an issue in the past. Mr. Griffith stated that Mr. Baxter had a meeting with Mr. Gibney who suggested that the zoning may not have to be addressed if they would reduce their numbers. He stated that they have reduced their numbers and were willing to work with the neighborhood; and if necessary would be willing to have an accountability agreement with the neighbors in the interest of "total transparency". Council President Pfeifer stated that last November the neighborhood group did not support this use and asked if the Catholic Worker Group had gone door-to-door to solicit support or to offer services. Mr.Griffith stated that this issue came up last night on the radio program. The Catholic Workers has asked people if they have problems with them and have asked residents to sign their petition. In response to a question from Council Member White, Mr. Griffith stated that Mr. Baxter met with Mr. Gibney this past January and that there were several items discussed such as reducing numbers, having a drop in center downtown to reduce foot traffic, arranging meetings to sit down and to help in working things out. November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 5 of 7- • Mr. Jeff Gibney stated that"everyone is getting worn out". Once this issue is resolved he would be willing to look at a "different model", such as those who have an extra bedroom may be willing to take a person in and share their home. He would be willing to sit down and talk about that. Council Member Kuspa then opened the floor to public comments. Mike Baxter stated that as a community working together he would be willing to discuss what Mr. Gibney suggested. A concept of one staff person to one guest could be pursued. Their legal advisor stated that he believes they have a good case, however they would prefer not to "thrash out in court". They would prefer to be known for the work they do. Dr. Thomas Broden stated that he is the Chairperson of the United Religious Community's Task Force on Homelessness. They have been involved since the 1980's. He stated that the Catholic Worker House provides a positive impact and a unique housing arrangement. There is a tremendous shortage for low income housing as well as a homeless problem. Living in a family setting within a home provides proven positive results. He suggested that they step back and recognize how to live out the Gospel and extend services to children, those in need and neighborhoods. He cited First Friday events where there are discussions and Masses. The character of the discussions are positive and the home offers an extensive amount of needed services. In light of the time, Council Member Kuspa closed the portion in favor and asked for individuals in opposition. Gladys Muhammad of 808 North Ironwood stated that she lived on the westside for over fifty years. She may not be opposed if they could work things out. However, historically there were drug problems, shootings, etc. on Chapin and people felt helpless after a series of five murders in a 5-week period. The residents finally said "no more". There were problems with city officials and problems with the residents themselves. She stated that if it is okay on East Washington then it would be okay on West Washington. Disrespecting the neighborhood cannot be tolerated. She stated that she respects Mr. Broden and hopes that things can be worked out. City Attorney Charles Leone stated that the City Administration is opposed to the rezoning, however they are not opposed to the mission of the Catholic Workers. The problem is the location. The Administration would be willing to work with them. Much government money has gone into this area and the stability has been the zoning laws. Council Member Rouse asked that the 1100 block of West Washington be specifically addressed as far as what development has taken place recently in that block. Mr. Gibney stated that last week in met with Jim Ludwig and they recalled that about three (3) years ago a trash transfer center attempted to locate near the neighborhood. He noted that they have to be vigilant at all times. Ann Maddix noted that buildings like the Hansel Center, Osborn, and the former natatorium are "all under control" and should not be listed as"empty". November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 6 of 7- • A resident of 114 Chapin stated that the Catholic Workers are involved at 1130, 1119 West Washington as well as 1102 Thomas. She stated that she appreciates their compassion but questioned whether they would stay within the limitations. Mr. Griffith stated that he would give more details tonight and assured the Committee that compliance would not be an issue. Council Member Dieter then made a motion that Bill No. 64-05 be recommended unfavorably to the Council. There was no second to the motion. Council President Pfeifer noted that she has been on the Common Council for nine (9) years. She would not be supporting the rezoning. She noted that when a person breaks the law often they are put on probation. Often they break their conditions of probation. She noted that she "is concerned that this group would not follow the rules". She noted that this is a diverse group but that there must be dignity and respect to the neighborhood. The group has good intentions but finds it"offensive because Catholic Workers are not our teachers. The citizens have been doing good work long before they came to the neighborhood". Council President Pfeifer stated that she believes that "the neighborhood was moving forward but that the forward momentum has stopped because of the three (3) centers for the homeless". She has no reason to believe them, based on their history. Council Member Rouse made a motion, seconded by Council Member Kuspa that Bill Nos. 64-05 and 05-130 be sent to the Council without recommendation. The motion passed. There was no miscellaneous business. Council Member Rouse thanked every one for their input and then adjourned the Committee meeting at 4:30 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments November 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -Page 7 of 7-