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HomeMy WebLinkAbout03-14-05 Zoning & Annexation r � Zoning and Annexation Committee 2005 South Bend Common Council The March 14,2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:30 p.m.,in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Puzzello, Kelly, Varner, Kuspa, White, Kirsits and Rouse; Citizen Members Martha Lewis and Isabel Gonzalez, Don Fozo,Building Commissioner; Executive Director of the Department of Economic Development Sharon Kendall, Don Inks, Jack Dillon, Howard Buchanon, Assistant City Attorney Ann-Carol Nash, Assistant City Attorney John Livingston, Wayne Doolittle, Rita Kopala, City Clerk John Voorde, Kolin Hodgson, President of the Chapin Board, Catherine D. Hostetler, Director of the Historic Preservation Commission; Bernie Feeney, Todd Zeiger of Historic Landmarks of Indiana, Bob Yapp, Margaret Porter, Dan Slatery, Jeff Parrott of the &tag,93.1 S.a.and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee members include Council Members Kirsits, Dieter,Rouse, and himself as the Committee Chairperson. Council Member Kuspa stated that the purpose of today's public hearing is to have preliminary statements and that a full public hearing will be held before the Common Council this evening. He then called for a presentation on Substitute Bill No. 67-04 which would amend the zoning ordinance by creating the Chapin Park Historic Preservation District. Catherine D. Hostetler,Director of the Historic Preservation Commission, who resides as 708 N. St. Joseph Street noted that they would like to show a brief PowerPoint presentation. She provided a "Summary Report" on the proposed Chapin Park Local Historic District (2 pages attached) which gave a chronological summary of activities; the boundaries of the proposed district;the Historic District Designation Criteria,namely: 1. Historic and Cultural Value 2. Educational Value 3. Suitability for Preservation. The report and presentation concluded that the proposed district "overwhelmingly meets all three of these criteria". Kolin Hodgson, President of the Chapin Board, and residing at 807 Ashland, continued the PowerPoint presentation which showed characteristic buildings, a summary of the designation process, information on the Chapin Board, a summary of the Chapin meetings from 2001 through 2005, as well as a summary of the newsletters, web site information operable since June of 2003 and ListServe which has been in place since December of 2002. He then briefly reviewed a"Chapin Park Survey Response" and showed a pie-chart which depicted 80%yes and 20%No with the survey being conducted 02-23-05 through 03-13-05. There were 110 residents in favor and 28 against. He noted that he has been on the Chapin Board for five (5) years. He stated that there are three (3) methods in which the local historic district process can begin, namely by 51% of the residents, by a member of the Common Council or by the Area Plan March 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- I . Commission. It was believed that the 51%process would"short-circuit neighborhood input". It was believed that having the process initiated by the District Council Member would be the "most informative and would have the most information collected". A proposed set of standards were developed which was a process over 1 1/2 years. The Chapin Board met the 3rd Wednesday of each month and minutes were posted at ChapinPark.org. In response to a question from Dr. Varner,Mr. Hodgson stated that two (2) adults per household could vote. He noted in response to a question from Council Member Rouse that Madison Street is within the proposed district. Council Member Kuspa then asked persons who were in favor of Substitute Bill No. 67-04 to make brief remarks. Todd Zeiger of Historic Landmarks of Indiana noted that in 1997 a study of five(5)communities was conducted in Indiana which included Anderson, Vincennes and Indianapolis. The survey showed that local districts provide protection,enhance values, and promote stability. Bob Yapp of 729 Cottage Grove noted that over 150 homes would be affected. He stated that he is a property rights advocate. He stated that not to allow the creation of the local historic district would be discrimination against the central city neighbors. He further stated that such a designation is not a taking of property rights. He added that since the City of South Bend does not have rental inspections that such a designation would stop"bad fill-in housing". Council Member Kuspa noted that any one else wishing to speak in favor could speak at the meeting this evening. He then called for anyone who wished to make brief statements in opposition to Substitute Bill No. 67-04. Margaret Porter of 917 Leland noted that she sent letter to each of the Council Members expressing her reasons of opposition. She noted that Leland has a "preponderance of rental properties"and they would not be able to be torn down. She suggested that the real effect should be where there are truly significant structures. She expressed concern over the inclusiveness of the survey and would welcome a more open process. She asked that the Bill be tabled. Dan Slatery of 754 Leland voiced concern about the notice which was used in the process. He stated that he is "alarmed by the restrictions", noting that the document was amended before the last Historic Preservation Commission. He noted that the Commission did meet with residents but believes the survey was flawed. Council Member Kuspa stated that any further comments from the public would have to be made this evening. Council Member Rouse spoke in opposition to Substitute Bill No. 67-04. Council Member Dieter then made a motion, seconded by Council Member Kirsits that Substitute Bill No. 67-04 be recommended favorably to Council. Council President Pfeifer expressed concern with regard to timing and noted that she would be in favor of continuing the Bill and asked Mr. Livingston whether this was possible. March 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- John Livingston, attorney for the Historic Preservation Commission, stated that he was uncertain if the Bill could be continued,but would check on the procedure before the 7 pm meeting. Council Member Kuspa then called for a vote. The motion passed 3-1 with Council Member Rouse in the minority. Council Member Kuspa then called for a presentation on Bill No. 5-19 which is a petition of the South Bend Board of Zoning Appeals for the property located at 3201 West Western Avenue. Building Commissioner Don Fozo noted that the Board of Zoning Appeals met on February 17, 2005 on the special exception and sends the Bill to the Council with a favorably recommendation which would permit the auto sales operation subject to compliance to the landscaping requirements of the new zoning ordinance. Bernie Feeney of Lang, Feeney & Associates, Inc., with offices located at 715 South Michigan Street in downtown South Bend made the presentation. He noted that he represents Hot Wheels by Miguel Becerril who will be making a significant investment. There was no opposition at the Board of Zoning Appeals meeting. Council President Pfeifer asked if the petitioner met with the neighbors to receive their input. Mr. Feeney stated that notice was sent to all property owners within 300 feet of the property and that the Bill was property advertised. He noted that he had not met with the neighbors and was unaware of any concerns. Council Member Kuspa noted that the property in question is a former tavern. Council President Pfeifer stated that she is concerned about the number of auto sales operations and auto salvage operations. She stated that the next meeting of the neighborhood would be at the Charles Black Center next Tuesday at 5:30 p.m. and that Gail Brodie should be contacted. Mr. Feeney stated that the proposed Bill is not for an auto salvage operation. Mr. Feeney then requested that Bill No. 05-19 be continued until the March 28, 2005 Council meeting to enable him to attend the neighborhood meeting next Tuesday. He stated that he would report back thereafter to the Council President. Council Member Dieter then made a motion, seconded by Council Member Kirsits that Bill No.05-19 be continued to March 28th at the request of the petitioner. The motion passed. There being no further business to come before the Zoning and Annexation Committee, Council Member Kuspa adjourned the committee meeting at 4:20 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments March 14,2005 Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3-