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HomeMy WebLinkAbout01-10-05 Zoning & Annexation Zoning and Annexation Committee 2005 South Bend Common Council The January 10, 2005 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4:17 p.m., in the Council Informal Meeting Room. Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Puzzello, Varner, Kuspa, Kirsits and Rouse; Division of Economic Development Director Don Inks, Andy Videkovich, a planner with Area Plan; Michael J. Danch, President of Danch, Harner & Associates; Building Commissioner Don Fozo, Larry Magliozzi of the Division of Community Development, Jim Gregar, Anthony Zappia, Rita Kopala, Phyllis Ranschaert, Virginia Gruber, Jeannie Ratman,Mark Stevens, Steve Overmyer, Suzanne Hamilton, David Pink, John L. Lloyd, Jose L. Consuelo, City Clerk John Voorde, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that Council President Charlotte D. Pfeifer was formerly on the committee with the remaining Council Members being Council Member Roland Kelly and Council Member Ann Puzzello, and himself.. Council Member Kuspa called for a presentation on Bill No. 04-132 which is a proposed fiscal plan to establish policies for services to be provided to the Jim and Donna Gregar/Arthur & Nancy Beall annexation area located in German Township. Larry Magliozzi of the Division of Community Development made the presentation. He noted that this is a voluntary annexation which includes two(2)homes,both of which are single family located in the 1st District. The Board of Public Works and the Board of Public Safety both send favorable recommendations. Council Member Puzzello made a motion, seconded by Council Member Kelly that Bill No. 04-132 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 89-04 which would annex and bring into the city limits 23931 and 23885 Brick Road inn German Township. Mr. Jim Gregar of 23931 Brick Road, South Bend,Indiana 46628, on of the petitioners made the presentation. He noted that this is a companion Bill to the one just heard by the Committee which addressed the fiscal plan. He noted that the parties had lived there for many years and had hoped to retire there. However,they have asked that their properties be annexed. Council Member Kelly made a motion, seconded by Council Member Puzzello that Bill No. 89-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on 2nd Substitute Bill No. 47-04 which is a zoning request for the property located in the 2600 block of Prairie Avenue located in Councilmanic District#6. Zoning and Annexation Committee of the 2005 South Bend Common Council -page 1- Andy Videkovich, a planner with Area Plan, noted that Parcel I would be rezoned from "SF1" Single Family and Two Family District to "LB" Local Business District and that Parcel II would be rezoned from "SF1" Single Family and Two Family District to "MF2" High Density Multi-Family District. He noted that the site plan which will be presented today is different than the one presented to the Area Plan Commission He further reported that the Area Plan Commission sends the Bill to the Council with an unfavorable recommendation. Mr. Anthony Zappia, an attorney representing the petitioners, Bruno & Roasa Cataldo and Teresa M. Bova,made the presentation along with Michael J. Danch,President of Danch,Harper & Associates. They presented a one-page color Aerial view of the property in question along with four (4) site plans (copies attached). Mr. Zappia noted that approximately 31 acres are involved and that they are proposing in the 4th site plan additional buffering to the forty-one (41) residences. He noted that the property has been on the market as single family for 14 years without success. The Planning Staff and Mr. Robert Sante, Area Plan Executive Director, suggested the recommendations incorporated into the 3rd site plan, and the petitioners have taken their suggestions even further with more buffering as set forth in the 4th site plan. Mr. Zappia noted that the area has been stagnant for a long period of time. The developer would be required to extend water and sewer to the area., at a significant expense. Mr. Zappia noted that AEP has an easement on the western portion of the property line which runs 165' x 1,000'. The proposed development would be 430' from the residents property lines. Mr. Michael J. Danch noted that the first site plan included 32 acres of multi-family development. In light of the feedback from residents on Locust Road and the Area Plan staff they have adjusted the entrance way and "dropped the zoning down" so that there is less multi-family. The 4th site plan proposes that the multi-family component be dropped down by 11 acres. 41 lots meets the standards for SF1 and a buffer area would be provided. Since a state highway is involved IDOT will also be involved. Council Member Kuspa then opened the public hearing for people speaking in favor. There were none. The floor was then opened to persons wishing to speak in opposition. Phyllis Ranschaert of 2813 Locust spoke against the rezoning. She stated that she spoke to IDEM since a portion of the site had been used as a dumping site during the Studebaker years. She stated that Bruno has dumped on the site and that the residents are concerned about the excavation which would take place for the apartment complex. She noted that the area has a high water table; drainage problems and runoff problems. She stated that the new proposal only has two (2) retention basins while the original one had five (5); and that one of the proposed basins is proposed at the highest point. Mr. Zappia then passed out a one-page state from # 42033 entitled "Report of Open Dump Inspection" which concluded that they did not "see any solid waste violations" (copy attached). He stated that the allegations which inappropriate. Mr. Danch stated that there are drainage standards in place and that they will have to be met. Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2- Virginia Gruber of 2731 Locust Road spoke against the rezoning request. She stated that she believes that the commercial development would be inappropriate. She believes that the development will decrease property values by at least 14% if the apartment development is permitted. She stated that the residents have deep concerns about the entire project, and further noted that the water cannot flow to the retention basin proposed in the higher elevation. Jeannie Ratman of Locust Road spoke against the Bill. She noted that there are already traffic problems in the area and that they do not need an additional 300 vehicles. Mark Stevens of 3515 South Locust spoke against the proposed rezoning. He cited Mayor Luecke's State of the City Address of 2004 with regard to "quality of life" and "a strong commitment to neighborhoods"which focused on single-family developments. He noted that 94 single-family homes were constructed in South Bend last year. He stated that the focus groups which are part of the ongoing City Plan discussions have favored home ownership since the people are less transient. He noted that in the classified section of the local paper there are many ads for free heat, deposits of $.99, since there is a plethora of apartments in South Bend. He noted that there are red-tail hawks which are on the endangered species list in the area and inquired what will happen to them. He noted that the development is 4 1/2 miles away from the Erskine Village development, and believes that the proposed development and rezoning should be turned down. He further stated that the crime maps in the local paper show that there is more crime by apartment complexes. There are no bus lines. He asked the Council to "please keep the seat equity" and turn the request down. Mr. Steve Overmyer of 3447 South Locust spoke against the rezoning. He noted that in 1999 a trailer park was proposed.. The Area Plan Commission rejected the proposal as well as the Council. 86 acres in the area was later developed as single-family housing, and that they would like a single-family development for the subject area. He requested that the unfavorable recommendation from the Area Plan Commission be followed by the Council. Suzanne Hamilton of 3429 South Locust spoke against the rezoning. She spoke of quality neighborhoods and quality starter homes on lots of 1/2 to 2 acres. She stated that she does not believe that the proposed development will "age-well". She further stated that accidents will increase. She noted that the Cataldos permitted abandoned vehicles and equipment on the property. She concluded her remarks by stating she sees the rezoning as a form of"taking". David Pink of 3631 South Locust spoke against the rezoning. He cited four (4) primary reasons for his opposition. # 1. Increased crime and traffic: he noted that during an evening time period there were speeding tickets issued every 19 1/2 minutes. He noted that there is a surplus of apartment now which have high crime. # 2. Decrease in property values: he noted that there are already homes up for sale. He noted that there is alot of muck land in the area. He showed pictures of homes with mold and mildew on the siding because of the muck and drainage problems. # 3. Inconsistent statements: He stated that he believes the residents have"been lied to since bulldozing of ponds have taken place without proper permits and trees have been removed. Garbage, junk and concrete are buried in the area in question. He noted that very short notice was given of the "informational meeting"held on a Notre Dame game day and none of the Locust Road residents were invited. He stated that he has paid taxes for 29 years and does not want a substandard development. # 4 City Plan: he noted that apartments are not addressed Zoning and Annexation Committee of the 2005 South Bend Common Council -page 3- • and the City Plan calls for more homes. There is no commercial development called for in this area. Wildlife and wetlands are in the neighborhood. Under the rebuttal period, Mr. Danch stated that unfortunately many of the residents concerns are "misguided". He stated that the property in question is developable and that no wetlands would be affected. At the meeting with the residents it was noted that interior streets are typically not dedicated streets. $24 million may be spent on the development. Rent would be about$650 plus per month and that over 50%of the area would be open space. Mr. Zappia stated that Prairie Avenue is a state highway. This site is close to the by-pass with easy-on and easy-off. He stated that"Bruno may not be the best neighbor but is not the devil as purported". Council Member Kuspa inquired whether there is a prospective buyer. Mr. Danch stated that there are interested parties and that the rezoning is being requested so that the property may be marketed. Council Member Puzzello noted that since there are only three (3) members currently on the committee,that they may wish to send the Bill to the full Council without recommendation. Council Member Kelly agreed with that recommendation. Council Member Puzzello then made a motion, seconded by Council Member Kelly that 2nd Substitute Bill No. 47-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 04-130 which would approve a petition of the Board of Zoning Appeals for the property located at 2920 Sample Street. Mr. John J. Lloyd, at attorney for the petitioner, with offices at 53732 Generations Drive noted that the APC, BZA and APC staff all send favorable recommendations on this Bill. He then presented a revised site plan (copy attached). The landscaping has been changed in light of discussions with the Building Commissioner. Building Commissioner Don Fozo reported that the Board of Zoning Appeals at their meeting of December 16, 2004 had a public hearing on the Bill and sends it to the Council with a favorable 5-0 vote. In response to a question by Dr. Varner, it was noted that 90% of the material is aluminum and that the cutting and chipping will take place inside,with only the steel being on the outside. Mr. Lloyd stated that there would be no auto crushing at the site. Council President Pfeifer inquired about foot traffic. Mr. Lloyd stated that they do not anticipate having foot traffic, and if necessary would commit to this here and later this evening. Zoning and Annexation Committee of the 2005 South Bend Common Council -page 4- • Following discussion, Council Member Kelly made a motion, seconded by Council Member Puzzello, that Bill No. 04-130 be recommended favorably with the verbal commitment recommended by Council President Pfeifer. The motion passed. Council Member Kuspa then asked for a presentation on Bill No. 04-131 which would approve a petition of the Board of Zoning Appeals for 3817 West Western Avenue. Building Commissioner Don Fozo reported that the Board of Zoning Appeals at their meeting of December 16,2004 had a public hearing on the Bill and sends it to the Council with a favorable recommendation, with the vote being 5-0. He noted that the requested variances were also approved. He noted that auto sales are considered a special exception under the new zoning ordinance. The petitioner, Jose L. Consuelo, of 1631 South Kendall made the presentation. He noted that the property is on the northeast corner of Chicago and Western. Council President Pfeifer inquired if the petitioner met with the neighbors since she received calls from the LaSalle Neighborhood Association who are opposed to the request. She noted that Chicago has a residential neighborhood which would be near the site. Mr. Consuelo stated that he currently sells cars from 2517 Western,where he rents and he would close his operation there. Mr. Fozo noted that at the December 16th BZA meeting several residents came to the public hearing and voiced concerns with regard to the variances. He noted that once they heard that everything would be fenced they had no problems. He also noted that additional landscaping will be required as a condition of the variances. Mr. Consuelo noted that the property was a body shop before. In response to a question from Dr. Varner, it was noted that there would be 25-30 vehicles on the site and that all would be within the fenced area. Council Member Kelly made a motion, seconded by Council Member Puzzello that Bill No.04-131 be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 5:40 p.m. Respectfully submitt , Council Member Ervin Kuspa, airperson Zoning and Annexation Committee KCF:kmf Attachments Zoning and Annexation Committee of the 2005 South Bend Common Council -page 5-