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HomeMy WebLinkAbout04-11-05 Zoning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council. The April 11, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:50 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer,Pu77ello,Kelly, Varner, Kuspa, White and Rouse; Building Commissioner Don Fozo, Director of Public Works Gary Gilot, City Engineer Carl Littrell, Rita Kopala,Don Inks, City Clerk John Voorde, Bernie Feeney, Andrew M. Videkovich, P. J. Thuringer, Kitty Kershan, Chris Tressell, David Mirkin, Pamela J. Tanber, Tiberius Mihalche and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the purpose of the Committee meeting was to consider the pros and cons of the items coming before it and make recommendations to the full Council. He noted that the Committee members include Council.Members Kirsits,Dieter,Rouse, and himself as the Committee Chairperson. Council Member Kuspa noted that there was not a quorum present. Council Member Kuspa then called for presentations on Substitute Bill No. 1-05 which is a rezoning request for the property located at 3400 Northside Boulevard, located in the 3rd Councilmanic District. P.J. Thuringer, a Planner with the Area Plan staff noted that the Bill received a hearing before the Area Plan Commission on March 15, 2005. The property owner is Family & Children's Center Property Management, Inc. and the contingent purchaser is Tiberius Mihalache of 117 South Main Street in Mishawaka. The rezoning would go from SF-2 and MF-1 to MF-1. It is sent to the Council without a recommendation. Council Member White inquired why there was no recommendation. Andy Laurent stated that the 1st vote of the Area Plan Commission was 7-3, and that 8 votes are needed in order to have a proper motion of the 15 members. The petitioner, Tiberius Mihalche, provided a multi-page handout to the committee (copy attached). He noted that the proposal is for condominiums and not apartments. Originally he proposed 54 condos,then amended it to 46, and is now proposing 36 units. He also proposed to increase the buffer area to 15', in light of the concerns of the neighborhood. He noted that the neighbors primary concerns were density and height of the project. He proposed that the highest would look like 1 1/2 stories from the street. In light of the concerns about possible wetlands, he contacted Mike Danch who has determined that there are no wetlands designated. With regard to flood plains, a small portion of the property is in such a 100 year flood plain area. Regulations require 692, and he currently has 690, in order to build. which would be subject to more expensive insurance requirements. He noted that 45% of the properties in the area are rentals. He proposes each condo to sell for over $100,000 each. He then circulated a site plan showing the 36 proposed units. Council Member Pn7zello expressed concerns regarding the hill on the property, and the petitioner pointed out its location on the site plan. April 11,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- Council Member White inquired about how competitive the development would be since the petitioner originally proposed 54 units. Mr. Mihalche stated that they have removed the health club and related amenities. He further noted in response to a question from Council Member Kelly that each condo would have two (2) bedrooms and a garage. In response to a question from Council President Pfeifer he stated that the floodplain was in the southwest quadrant which remain as green space. Council Member Kirsits joined the Committee meeting, and a quorum was now present. Council Member Kuspa then opened the meeting to public comments, limiting such comments to two (2) in favor and two (2) against; and encouraging persons to speak at the 7 p.m. public hearing on the substitute bill. Chris Tressell of the Department of Community and Economic Development spoke in favor of the project and rezoning. He noted that for the past decade the department has been involved in this area. The development would enhance residential development and would continue to encourage development in this area. The proposal is appropriate and lends credence to the area. Kitty Kershan, President of the River Park Neighborhood Association stated that on February 3, 2005 they unanimously voted in favor of the project. On March 3, 2005 they invited Carl Littrell to their meeting to address any traffic concerns, since the neighborhood wants the area to be safe. On April 7, 2005 the latest site plan was shown which now proposes 1/3 of the area as green space. She noted that there was mis-information being circulated on the project such as it being apartments and not condos. She stated that the neighborhood association supports the project. The owner of 3310 Northside Boulevard provided notebooks to the Committee entitled"Friends of River Park: Rezoning Remonstrance Common Council Bill: 1-05" (copy attached). He directed the committee to Tab No. 3 and addressed the r'EMA map, and noted that there is a steep slope at the end of the floodway. He noted that he discussed the need for commitments with the Area Plan Commission. On page 6 under Tab No. 1, he noted that Gerry Phipps of the Area Plan Commission voiced concern about accountability. He urged the Council to require written commitments. He suggested that the condos are not in compliance with the City Plan. He stated that no contact has been made with DNR and the Army Corps of Engineers. Pamela J. Tanber of 3214 Northside Boulevard stated that she believes it is illegal to build in the floodway under Indiana Code 14-28. In 2003, the water rose by 10.8'. She stated that she is having trouble"getting her arms around the proposal" since it keeps changing. She said it began with 70 units, then 54, then 46. She noted that over 300 signatures have been collected against the proposal. She believes in development, but in single-family development for the area. Condos which are stacked are high-dense buildings. There will be serious traffic problems which is near an elementary school. She noted that two(2)people have been killed in the area. Council Member Kelly stated that he has heard that some of the residents may be able to purchase the property in question for single-family development. Ms. Tanber stated that there is to be a closing on the property in ten(10)days. April 11,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- y The Council Attorney noted that under current state law, the Area Plan Commission would need to approve any written commitments. Council Member Kirsits noted that the Area Plan Commission vote was 7-3 against, but that the staff gave it a favorably recommendation. Council President Pfeifer directed questions to City Engineer Carl Littrell with regard to traffic in the area. Mr. Littrell stated that there is alot of cut through traffic in the area, and that it is a bus line. Speeding is one of the most common complaints, along with persons not stopping for the stop signs. Mr. Littrell stated that he believes that any traffic from the development would lead to more compliance. Traffic calming could also be used to mitigate some of the cut through problems. He concluded his remarks by stating that 36 units would not have a significant affect overall. Dr. Varner directed questions to Building Commissioner Don Fozo with regard to the role of the Army Corps of Engineers. Mr. Fozo stated that the Army Corps of Engineers is only involved when there are actual wetlands involved. Building cannot take place in floodways. Building can take place in floodplains subject to further restrictions. Specific permits are required and building must take place 2' above the 100 year floodway. Fill can be used to reach the required limit. Council Member Puzzello stated that she believes the petitioner owns properties in the 4th Councilmanic District which are then rented to students. Mr. Mihalche stated that he does not own student rental property, but that he does own the former Kusbach attorney building. and the property at the corner of Ironwood and Edison for a Walgreen drug store. Council Member Kirsits apologized for arriving late to the Committee meeting, noting that he was helping rescue a person from the St. Joseph River. He noted that this project has alot of emotions evoked and that in the past he supported Nuner School. He appreciates everything which the petitioner has done, however the issue is MF1. He noted that he had the Council Attorney do research on the history of the zoning in this area. This is a beautiful site, and if the development is permitted, he believes it would result in spot zoning. He stated he believes the project is too intense and that the subject project should only have single-family developments. He added that he works closely with DNR and too often building begins without proper permits. He concluded his remarks by stating that he would be voting against the substitute bill. Mr. Fozo noted that their records are audited every two(2)years. Council Member Rouse stated that he is impressed with all of the parties, and that he hoped that all groups could work together. April 11,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3- Following discussion, Council Member Rouse made a motion, seconded by Council Member Kirsits that Substitute Bill No.. 1-05 be recommended unfavorably to Council. The motion passed. Council Member.Kuspa then called for a presentation on Substitute Bill No. 6-05 which would amend Chapter 21, Article 4 of the South Bend Municipal Code to clarify and add uses in light industrial and general industrial districts. Andrew M. Videkovich, a planner with the Area Plan staff, noted that this bill is Area Plan initiated. It is a text amendment and addresses new uses which need to be included. It received a favorable recommendation from the Area Plan Commission. Council Member Rouse made a motion, seconded by Council Member Kirsits that Substitute Bill No. 6-05 be recommended favorably to Council. The motion passed. Council Member Kuspa noted that the petitioner for Substitute Bill No. 8-05 has requested that it be continued until April 25,2005. Council Member Kirsits made a motion, seconded by Council Member Rouse that Substitute Bill No. 8-05 be continued until April 25th. The motion passed. Council Member Kuspa noted that the petitioner for Bill No. 5-19 has requested that it be continued until April 25, 2005. Council Member Rouse made a motion, seconded by Council Member Kirsits that Bill No. 5-19 be continued until April 25th. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 05-25 (copy attached) which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 4206 West Western Avenue. Building Commissioner Don Fozo noted that the Board of Zoning Appeals held a public hearing on this bill on March 17, 2005 which would allow a drive-thru. There were only three (3) members present and it comes to the Council without recommendation. Bernie Feeney of Lang, Feeney and Associates, Inc., with offices located at 715 South Michigan Street in downtown South Bend made the presentation. He presented a site plan for the subject property (copy attached). He noted that the property has been a Dairy Queene for many years. Approval would permit a drive-thru of 4' by 12' on the northeast corner of the building. It would permit 5-car stacking per the standards. Council Member Kuspa stated this should have been proposed 20 years ago. No one from the public spoke in favor or in opposition to the Bill. Council Member Kirsits stated that this would be a good improvement. He then made a motion, seconded by Council Member Rouse that Bill No. 05-25 be recommended favorably to Council. The motion passed. April 11,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 4- • . Council Member Kuspa then called for a presentation on Bill No. 05-26 (copy attached) which would approve a petitioner of the South Bend Board of Zoning Appeals for 420 East Ireland Road. David L. Mirkin,at attorney with offices located at 112 West Lafayette in downtown South Bend made the presentation. He stated that approval would permit the construction of a Ziker Cleaners. He cited the Ziker operations at Ironwood and SR 23, and on 933 &Cripe in Roseland as typical of their operations which have had no complaints from the neighborhood. The Board of Zoning Appeals recommended the Bill favorably at their March 3,2005 meeting. Dr. Varner noted that the property in question has been up for sale for a long time. He noted that he has not heard any thing from the neighbors, but would ask the petitioner to take time to work with the neighbors since they have been concerned about the property being used as a video store. Mr. Mirkin stated that Dave Fishgrund would be working closely with the neighborhood. He noted that Zikers is closed on Sunday and closes on other days at 6 p.m. He also noted that there would be no processing on-site. Council. Member Rouse then made a motion, seconded by Council Member Kirsits that Bill No. 05-26 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 05-27 which would approve a petition of the South Bend Board of Zoning Appeals for the property located at 623 S. St. Joseph Street. Building Commissioner Don Fozo stated that the Board of Zoning Appeals held a public hearing on March 17, 2005, and sends the Bill to the Council with a favorable recommendation. The Council Attorney noted that since the petitioner was not at the Committee meeting, that the Committee should consider sending the Bill to the Council without recommendation. Council Member Kuspa agreed. He then adjourned the meeting at 4:51 p.m. Respectfully submitted, L�J/— Council Member Ervin Kuspa,Chairperson Zoning and Annexation Committee KCF:kmf Attachments April 11,2005 Zoning and Annexation Committee of the 2005 South Bend.Common Council -page 5-