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HomeMy WebLinkAbout11-10-03 Zoning & AnnexationI. Qommitt t itoort Zoning and Inu xation. tommittte The November 10, 2003 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 4:03 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Kelly, White, Vanier, Aranowski, Pfeifer, Coleman, Kirsits, and Kuspa; Building Commissioner Don Fozo, Public Works Director Gary Gilot, Mike Morse, Dennis Whittacker, Bruce Yerry, Jeff Meyers, Michael Danch, Anne Mannix, Rick Katzenmacher, Charlotte Sobel,Dea Andrews,Terry Bland of the *olttIj 0 "Cr dam, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the members of the Zoning and Annexation Committee included Council Members Kelly, Varner, Coleman and himself. Council Member Kuspa then called for a presentation on Bill No. 71-03 which is a proposed zoning ordinance and site development plan of Rescue,Inc., d/b/a Hope Rescue Mission to change the zoning from "D" light industrial "F" height and area to "A-3" mixed use "F' height and area, for the property located at 432 S. Lafayette Boulevard. Jeff Meyers, a Planner with Area Plan, summarized the report of October 22, 2003 and reported that the proposed ordinance received a unanimous favorably recommendation from the Area Plan Commission at its meeting of October 21, 2003 (report attached). In response to a question from Council Member Aranowski, Mr. Meyers reported that the Area Plan Staff also gave the proposal a favorable recommendation. Mr. Bruce Yerry of 51591 Stranton Court, Granger,Indiana noted that he is the Executive Director of Hope Rescue Mission. He stated that approximately one year ago they reapplied for low income tax credits and were advised that a zoning change was recommended. If approved there would be a fifteen(15) year obligation. Mr. Yerry noted that he brought the proposed plans for the building which he previously has shown to the Council. Dr. Varner noted that Mr. Yerry came before the Council approximately one year ago to address parking requests for the building. Council Member Kuspa stated that a detailed presentation on the overall use of the building was presented to the Council last year. Council Member Kuspa then called for comments from the public. No one from the public spoke in favor of the Bill. Mr. Rick Katzenmacher of 4115 Irish Hills Drive, Apt. 3D, South Bend, Indiana 46614, rose in opposition. He noted that he moved back to South Bend a couple of months ago after having lived in Washington, D.C. For the past 28 years. He sees two (2) issues with the request, the first whether there is a need for another homeless shelter and the second whether it should be located in the former Ries Building. He contended that no other city is located homeless shelters in the center of their cities, stating that it would be like take part of the "crown jewels" away from the downtown. He contended that people do not want to develop business next to such uses and that such key property should be tax producing property. He questioned whether the Council had I .oning and Annexation Committee • November 10, 2003 Page 2 received input from the owners of the Silverhawks, from downtown businesses, from the Redevelopment Department and from realtors. He further contended that the decision made today would affect the downtown for a long time. He concluded his remarks by stating that he is not against the shelter,but is against it being located at this location. In response to a request from Council Member Kelly, Mr. Yerry noted that the Hope Rescue Mission has been in operation for fifty (50) years, and that they are the owners of the building in , 4141110 question, and are just asking for a rezoning in light of the tax credit procedure. Mr. Yerry stated ! I that the building would be used as a Family Life Center, with the Men's Ministry remaining in their cf building on Michigan Street. The top three (3) floors would be used for housing, with each floor having small 2-bedroom apartments so that in-tack families can be taken into the Center. The 1st floor would have a cafe, child care center, a chapel, and dining for 150 people. The basement 1 would have a 10,500 square foot space dedicated to educational uses which would include Semi academics, home management,and life skills training. * In response to a question from Council Member Kirsits, Mr. Yerry stated that they own the building but that a 3rd party would buy the tax credits. In response to a question from Council Member Coleman, Mr. Yerry stated that there would be 34 1 tent apartment units in the building,with 40%of the building being used for residential use. Council Member Aranowski stated that it is his understanding that all of the uses which Mr. Yerry has described can go on right now, however in light of the tax credit procedure, he has petitioned ` i for the rezoning. Building Commissioner Don Fozo confirmed that information, and added that Hope Rescue Ole currently has a hotel/motel license. Dr. Varner inquired about the types of private development which would locate next to such a use. 15 1 q tYl� p P ` Mr. Yerry stated that he and his staff have discussed many items with their neighbors. Concerns IPA of loitering have been raised, and he assured them that they "would make sure that this would not 10 - 1 happen". He added that the exterior of the building is undergoing renovation so that it will look like it did when it was constructed in 1926. He noted that the green area which includes the told outdoor play ground will also be an asset to the area. Pod Council Member Coleman recalled that Hope Rescue purchased the building four(4) years ago. A group was formed to discuss the use of the building and Council Member Kelly was directly involved with those discussions. The pros and cons were weighed with regard to the overall layout of the building and a detailed presentation was made to the Common Council. He noted that he believes that the scales are tipped in favor of the rezoning and that the integrity of the neighborhood would be protected. Council Member Pfeifer stated that she believes that we as a community have an absolute responsibility to help. She commended the petitioners for keeping family units in place by providing housing for them. She noted that she is sympathetic to the perception of problems resulting from such uses, however stated that strict behavior rules which are enforced would diffuse such perceptions. She further recommended that the also consider having their own clean up crews. She stated that she would have these same expectations of any other business located in ,omng and Annexation Committee November 10, 2003 Page 3 this area. Mr. Yerry stated that he agrees with her comments. Council Member Kirsits suggested that Hope Rescue Mission contact the City's Engineering Department since he believes that the intersection of Monroe and Lafayette may be the least friendly in the city. He suggested that a no turn on red sign should be considered for this intersection also. Following discussion, Council Member Coleman made a motion, seconded by Council Member Kelly that Bill No. 71-03 be recommended favorably to the Council. The motion las sed. mut Council Member Kuspa then noted that the Clerk's Office has received a letter from the petitioner for Bill No. 72-03 requesting that it be continued until the November 24,2003 meeting. Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 72-03 be continued to November 243,2003, at the request of the petitioner. The motion passed. ICouncil Member Kuspa then called for a presentation on two (2) bills, namely Bill No. 75-03 mow which is a rezoning request for the properties located at 1804 & 2014 West Washington Avenue, i,;4. 1610, 1628, 1636 & 1721 Circle Avenue and 218 South Grant Street;and Bill No. 03-121 which is a proposed resolution which would approve a petition of the South Bend Board of Zoning Appeals for the properties located at 1804 & 2014 West Washington Avenue, 1610, 1628, 1636, 1721 Circle Avenue and 218 South Grant Street. Jeff Meyers, a Planner with Area Plan, then reviewed the report dated October 22, 2003 (copy attached). He noted that the proposed ordinance and site development plan of Hurwich Iron Company, Inc. And Accent Indiana, Inc. Would rezone the properties in question from "D" light industrial"E" height and area to"E"heaving industrial"F'height and area. Mr. Meyers stated that at the October 9, 2003 Area Plan Commission meeting, the Commission unanimously voted to send the proposed zoning ordinance to the Council with an unfavorable recommendation. He further noted that the property was down-zoned in 1991 in the expectation that a less intense industrial use would emerge. The overall goals of the West Washington-Chapin rezoning were to protect the residential areas of the neighborhood. 141 Don Fozo, Building Commissioner, reported that the Board of Zoning Appeals heard the special P€ exception request at its October 16th meeting and send it to the Council without recommendation. Mr. Anthony M. Zappia, an attorney with offices at 52582 State Road 933 North, South Bend, P Y Indiana 46637, then made a presentation on behalf of the petitioners. He noted that approximately 21 acres is involved in the rezoning. In late September, the petitioners met with the NNN and reached a compromise with that neighborhood organization. As a result, the zoning ordinance was amended to restrict the types of uses within "E" heavy industrial which would be permitted at this location. Any deviation from that restriction would require the petitioners to go through the rezoning process again. Mr. Zappia stated that currently they have an "open zoning site" which would enable the petitioners to have numerous uses including those set forth under "C" commercial. He stated that they have operated a scrap yard at this location for 70 years; that the petroleum operation has been in operation for 20 years, and that the crushing operation for personal use only has also been in operation. In light of the stock piling requirements for crushing,actual crushing would only take place 3-4 months each year. The contractor is the same one used by the City of South Bend for crushing. ,umng and Annexation Committee No.ember 10, 2003 rage 4 Mr. Zappia stated that approximately 100 trains come by this area daily and that the noise from the trains is far greater than their operation. Dr. Varner inquired about the types of safety and storage otech techniques Tthatothey petif for othe grinding they operations. Dr. Varner suggested that in light of the size property possible. from the residential area pos away fr move the crushing operations as far y m g Mr. Mike Morse stated that they store the items on black top or concrete, mete, hsweIe noted that they that since they are considered there are no requirements in this area sm y Adams Engineering and advised them that the crushing operations for with g had a meeting today No major concerns h g Y that they may have. N and wired about any concerns tha y Y edan are completed q down the this years p they do water Y Morse indicated that th y brought to their attention, however Mr. Mors were g operations if they become dusty. Mr. Zappia added that the petitioners would be required to act within the limits of the City of South Bend's noise ordinance and also the County Health Department standards. Mr. Morse added that they are required to have Clean Air Permits from the State of Indiana, and are required to act within state limits. Council Member Pfeifer stated that she has been contacted by the owners of Frankie's Barbeque • who has complained about dust problems impacting their outdoor eating area. Father Charles Lavely, the pastor of St. Augustine's Catholic Church contacted her about several parishioners having breathing problems. Mr. Zappia stated that perimeter mounds would be built with the dust being diminished. Their goal is to plant vegetation and trees on the mounds. Mr. Michael Danch of Danch, Hamer and Associates stated that extensive screening would be added. He provided preliminary site plans for both bills and described the proposed screening (copies attached). He noted that the ground cover and trees have not been planted yet. He added that a lot of truck traffic travels on Washington and creates a lot of the dust. Mr. Morse stated that before the mounds were built, the dust problems were much worse. He stated that once the mounds are planted that the situation would be even better, since they are committed to the proposed site plan. Council Member Kuspa then opened the meeting to comments from the public. No one from the public spoke in favor of the Bills. Charlotte Sobel of 732 Cherry Tree Lane in the 4th District stated that she is the Director of Real Estate Development for South Bend Heritage which is locatedme downzoni g a 1ynWe)stt.1 Mat Sobel spoke in opposition to the Bills. She noted that since the approximately 30 million dollars have been invested by the private and public sector into the West Washington-Chapin neighborhood. The area has been transformed from being one which was considered"seedy and drug infested" to being a quality neighborhood. Dea Andrews of 223 North Scott noted that she is also an employee of South Bend Heritage. She spoke in opposition to the two(2) bills. She stated that the NNN meeting was sparsely attended r — .tong and Annexation Committee \oN ember 10, 2003 Page and would feel more comfortable if their decision would have been unanimous. She stated that the down-zoning in 1991 has resulted in many positive changes which has fostered Dquality development. She noted that she has sold most of the housing in this area and"is disturbed that the city is going back on residential development in this area". Council Member Pfeifer stated that she believes that clarification must be given about the September 23, 2003 NNN meeting. She stated that that meeting was a regularly scheduled meeting where they had a potluck dinner, discussions on the Remedy Building, etc. She noted that she lives on Washington and lead the rezoning back in 1991 in light of the inappropriate activities which were taking place at that time. Revitalization has taken place and continues to invigorate the area. She has been contacted by Frankie's Barbeque, St. John's, St. Augustine's and residents in the area and in light of their concerns she cannot support the two (2) bills this . evenin g During rebuttal, Mr. Zappia stated that 11-15 persons attended the NNN meeting, noting that he was not in attendance. He stated that the petitioners are not asking for anything that they are not already doing. He added with the added restrictions on uses being added, that any deviation from those would require them to go through another rezoning. He stated that under the "D" zoning classification there would be far less appropriate uses which they could do. Council Member Coleman stated that he will let history be his guide. He noted that he sponsored the legislation in 1991. It was his underlying understanding that any changes in zoning thereafter would be based on the support of those in the neighborhood. He noted that significant actions have been taken by Tony,Mike and Mr. Morse to accommodate the concerns of the neighborhood, however he is not persuaded that all of their concerns have been addressed. As a result he would not be supporting the rezoning today. Dr. Varner stated that he would like the people in the neighborhood to have full opportunity to work things out, if at all possible. He suggested that perhaps another neighborhood meeting would be in order. It was noted that the Council has sixty (60) days to take final action on the BZA request, and that the Council has ninety (90) days to take final action on the Area Plan recommendation. Mr. Fozo added that the BZA bill could be continued to the December 8th meeting, and that if the petitioners would request the continuance that the deadlines would be set aside. Mr.Zappia then requested that both bills be continued until the Council meeting of December 8th in order to allow the petitioners an additional opportunity to meet with the residents and the neighborhood organization in the area. Dr. Varner then made a motion, seconded by Council Member Kelly that Bill No. 75-03 and Bill No. 03121 be continued to December 8, 2003, at the request of the petitioners. The motion passed. Council Member Kuspa noted that several years ago he used to live on Cherry Street and their was considerable noise from the trains, etc., which they had to get used to in order to live there. He further noted that the continuance would give the neighbors an opportunity to have their concerns heard before the Council takes final action. p .anng and Annexation Committee \o+ember 10, 2003 edge Charlotte Sobel stated that "she would love to take the Council on a tour of Washington", and added that she apologized to Council Member Coleman for not giving him credit for sponsoring the down-zoning ordinance in 1991. Dr. Varner suggested that the Council be advised by November 24th, the next regularly scheduled Council meeting as to when the neighborhood meeting would be and its location. MI Council Member Kuspa noted that a letter has been received on Bill No. 03-107 noting that the petitioner would be withdrawing the Bill from further Council consideration. ,rte Dr. Varner made a motion, seconded by Council Member Kelly that the request to withdraw Bill No. 03-107 be accepted. The motion passed. auk II! Under miscellaneous business, Council Member Kuspa noted that he would be scheduling a series of committee meetings on the proposed new zoning ordinance which would replace the current Lzoning ordinance after the November Area Plan Commission meeting on that Bill. low There being no further business to come before the Committee, Council Member Kuspa adjourned Alb the Committee meeting at 5:10 p.m. j l Respectfully submitted, j Council Member Ervin Kuspa, Chairperson I Zoning and Annexation Committee KCF:kmf Attachments Ir it ' f 1