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HomeMy WebLinkAbout08-08-05 Zoning & Annexation • / t 1 Zoning and Annexation Committee 2005 South Bend Common Council The August 8, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson,Council Member Ervin Kuspa at 3:45 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Kelly, Kuspa, Kirsits, Varner and Rouse; Citizen Member Martha Lewis, Brad Poulan, Mrs. Kopola, John Piracinni, Michael Danch, Stephen A. Studer, Sharon Kendall, Eric Tanner, P.J. Thuringer, Bernie Feeney,Noel Yarger, Gary Gilot, Don Inks, Tedd Schaffer, City Clerk John Voorde and Kathleen Cekanski-Farrand,Council Attorney. Council Member Kuspa noted that the Committee consists of Council Members Rouse, Dieter and himself. Council Member Kuspa reminded any one wishes to address the committee to state their name and address for the record. Council Member Kuspa asked that persons wishing to testify before the Committee give their name and address for the record. Council Member Kuspa then called for a presentation on Bill No. 05-95 which is a petition of the South Bend Board of Zoning Appeals for the property located at 608 & 614 South Eddy Street in the 3rd Councilmanic District. The Petitioner, Eric Tanner of 23665 Fillmore Road, South Bend, Indiana 46619, made the presentation. He noted that the property has been for sale for the past two (2)years. He noted that he needs a special exception in order to convert the office into living quarters so that it can become a duplex. No exterior structural changes would be made. The Council Attorney noted that the Board of Zoning Appeals held a public hearing on July 21, 2005 on the request and sends a favorable recommendation to the Council. No one from the public spoke in favor or in opposition to the Bill. Council Member Dieter made a motion, seconded by Council Member Kirsits that Bill No. 05-95 be recommended favorably to Council. The motion passed. In light of no one being present for Bill No. 05-96, Council Member Kupsa stated that he would hold this Bill until the end of the Committee meeting. Council Member Kuspa then noted for the record that the Council received a letter dated August 3, 2005 from Michael J. Danch, President of Danch, Hamer & Associates regarding Bill No. 34-05 (copy attached). The letter requests that the Bill addressing the rezoning petition of Tiberius Mahalache for the 3400 block of Northside Boulevard be continued until October 10, 2005. P.J. Thuringer from Area Plan noted that Bill No. 34-05 involves a proposed 28-unit condominium development which received an unfavorable recommendation from Area Plan. August 8,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- Council Member Rouse made a motion, seconded by Council Member Dieter that Bill No. 34-05 be recommended to be continued to October 10th at the request of the Petitioner. The motion passed. Council Member Kuspa then called for a report from the Area Plan staff on Bill No. 35-05 which is a zoning request for the property located in the 2100 block of Edison Road and Oak Park Drive,and 1345 and 1357 North Ironwood Drive,which is located in Councilmanic District 4. P.J. Thuringer of the Area Plan staff noted that the request comes from the Area Plan Commission who held a public hearing in July with a favorable recommendation. Michael J. Danch, President of Danch, Harper & Associates, with offices located at 2422 Viridian Drive, Suite 201, South Bend, Indiana 46628 made the presentation. He provided a preliminary site plan to the Committee (copy attached). He noted that the two (2) buildings on the property would be razed so that a 24-hour Walgreens could be constructed on the 1 1/2 acres. Access would be limited to Edison Road. A 6-foot masonry wall would be constructed on the south and southwest facing the residential areas. He noted that they did petition and receive variances from the BZA which will require extensive landscaping. In response to a question from Council Member Dieter, Mr. Danch stated that the outdoor lighting would not reflect off the property and that the building will be similar to the one constructed at Bendix and Cleveland. Council Member Puzzello the District Council Member for the area stated that she wants the petitioner to make sure that trash is picked up at regular intervals and at reasonable times, in light of the concerns of the surrounding residential community. In response to a question from Council Member Kelly,Mr.Danch did not know if the Walgreens located at Mishawaka Avenue and Ironwood would be affected. Mr. Danch noted in response to a question from Council Member Kirsits that the front signage would be consistent with the new zoning regulations which addresses"low-boys". Stephen A. Studer,the attorney representing the owners of the property in question noted that no liquor would be sold at this location. Council Member Rouse then made a motion, seconded by Council Member Dieter that Bill No. 35-05 be recommended favorably to Council. The motion passed. 1�� Council Member then called for a report from Area Plan on Bill No. 36-05 which is a zoning request for the property located in the 3500 block of the north side of East Douglas Road which is located in the 4th Councilmanic District. P.J. Thuringer from Area Plan noted that Bill No. 36-05 received a favorable recommendation from Area Plan. August 8,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- Michael J. Danch, President of Danch, Hamer & Associates, with offices located at 2422 Viridian Drive, Suite 201, South Bend, Indiana 46628 made the presentation. He provided a preliminary site plan to the Committee(copy attached). He noted that the property in question is located on the north side of Douglas and involves 4 1/2 acres where a medical retail facility would be constructed. It would have extensive screening. The developer will be extending sanitary sewer and water to the site. Mr. Danch also presented information and a site plan on substitute Bill No. 37-05 which is for the same 3500 block of East Douglas on the south side. 5-6 medical offices and retail facilities would be constructed on this 9 acre area which was reduced from 12 acres. As a result of that change the substitute bill was necessary. He also noted that the petitioner has agreed to the proposed written commitments attached to the substitute bill. If the Council passes the substitute bill subject to the commitments, Area Plan will then take formal action on the commitments at their meeting in September. Council Members Puzzello and Dieter noted that the commitments prohibit the property to be used for fast food/drive through operations. In response to a question from Council Member Kirsits,Mr. Gilot stated that they are looking at creating a TIE' for areas of SR 23 however have not run the calculations. Plans to upgrade the area to include 4-5 lanes is under consideration. Noel Yarger stated that he is one of several neighbors in the area. He is unofficially in favor of the rezoning so long as they are subject to the written commitments. Council Member Dieter made a motion, seconded by Council Member Kirsits that Bill No. 36-05 and Substitute Bill No. 37-05 be recommended favorably to Council. The motion passed. Council Member Kuspa noted that a presenter was not available for Bill No. 05-96. Council Member Kirsits made a motion, seconded by Council Member Rouse that Bill No. 05-96 be sent to the Council without recommendation. The motion passed. There was no miscellaneous business. Council Member Kuspa then adjourned the meeting at 4:12 p.m. Respectfully submitted, Council Member Ervin Kuspa,Chairperson Zoning and Annexation Committee KCF:kmf Attachments August 8,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3-