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HomeMy WebLinkAbout08-11-03 Zoning & Annexation ttommttt* Att oY t Eating attO animation tontntitt¢e The August 11, 2003 meeting of the Zoning and Annexation Committee was called to order by its Chairperson,Council Member Ervin Kuspa at 4:20 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Aranowski, Kelly, Pfeifer, King, Varner, Kirsits, Coleman and Kuspa; Building Commissioner Don Fozo, Jeff Meyers, Larry Magliozzi, Patrick S. Brown, Robert E. Gaby, Joe Heintzelman, Jeffrey Dee, Ray Simmons, Derek Spier, Terry Harland, Charlotte Sobel, Mark Catanzarite, Terry Bland of the 'out j ttd vi.' ' 1tt and Council Attorney Kathleen Cekanski-Farrand. Council Member Kuspa noted the Council Members who were present. The Committee is composed of Council Members Kelly, Varner, Coleman and himself. Council Member Kuspa then called for a presentation on Bill No. 46-03 which is a zoning request for the property located at 3601 Edison Road. Jeff Meyers, a planner with Area Plan noted that the Bill received a favorable recommendation from the planning staff. Mr. Patrick S. Brown of SiteScapes, Inc., made the presentation. He noted that the first phase of the project was built a few years earlier and that this rezoning would allow the expansion of the project. He noted that the house which was painted red, white and blue was taken down last week. No one from the public spoke in favor or in opposition to the Bill. Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 46-03 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-80 which would adopt a written fiscal plan and would establish a policy for services to be provided to the Gaby Annexation Area in German Township. Larry Magliozzi, Assistant Director of the Division of Community Development, made the presentation. He noted that Robert E. And Carolyn L. Gaby have voluntarily petitioned the city for annexation. Their parcel is .45 acres on the north side of Brick Road, east of New Cleveland Road. The petition represents one of three homes which will be purchased by Redevelopment with all being surrounded by intense industrial uses. The property would come in as"R"residential. No one from the public spoke in favor or in opposition to the Bill. Following discussion, Council Member Pfeifer made a motion, seconded by Council Member Coleman that Bill No. 03-80 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 52-03 which would annex and bring into the city limits land in German Township currently known as 23953 Brick Road. Mr. Robert E. Gaby, one of the owners of the property, made the presentation. He noted that he and his wife are boxed in and the city made an offer and they accepted. Zoning and Annexation Committee August 11, 2003 Page 2 No one from the public spoke in favor or in opposition to the Bill. Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that Bill No. 52-03 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-69 which addresses a petition from the Board of Zoning Appeals for the property located at 1902 South Bend Avenue. Building Commissioner Don Fozo reported that the petition is for Joe Heintzelman/Oscar's Billiards. The Board of Zoning Appeals held a public hearing on the petition on July 17, 2003 and by a vote of 3-0 voted to favorably recommend the allowance of a billiard club within 1000' of two (2) controlled uses at 902 South Bend Avenue, subject to this particular owner. (Copy of report attached). Mr. Joe Heintzelman made the presentation. He noted that he was in business for six and one-half years before Madison Center took over his property as part of their expansion of their campus. He noted a number of civic activities done by his establishment which he believes compliment the city. He noted that when the 9/11 New York firefighters came to South Bend that officials requested that they be brought to Oscar's Billiards during their stay. In response to a question from Council Member Kuspa it was noted that there is a $20.00 membership. In response to a question from Council Member Kirsits it was noted that they do have a liquor license. Council Member Kuspa then opened the hearing to comments from the public. Jeffrey Dee noted that he is 3rd generation in his business of distributing liquor. He has dealt with Mr. Heinzelman since 1997. He noted that there are 430 liquor licenses in St. Joseph County. He stated that Mr. Heintzelman runs a first class operation, has a server training program and is an asset to the community. Terry Harland noted that he has membership# 106 to Oscar's Billiards. He has worked in South Bend on Hill Street for 21 years and believes that Oscar's is a fine establishment. Ray Simmons stated that"Joe runs an excellent room". No one spoke in opposition to the Bill. Council Member King stated that the proposed establishment would be located in his Councilmanic District. He noted that Mr. Heintzelman began working on this project many months ago. He called him when snow was still on the ground and asked for a list of people who lived in the area where he would be located. He held an open house and sent letters to those individuals so that they could see the operation and ask questions and discuss any concerns which they may have. Council Member King noted that he has never seen anyone go to that length to address neighborhood concerns. He stated that Mr. Heintzelman has done a commendable job and fully supports the BZA request. In response to a question from Council Member Coleman, the Council Attorney noted that she believed that the special exception would run with the land and therefore cannot be limited solely to Zoning and Annexation Committee August 11, 2003 Page 3 this owner as requested by the BZA, however she would double-check the state law between meetings. She further noted that the Committee could send the matter without recommendation, or send it favorably or unfavorably without the BZA condition, subject to further verification to the law in this area. Building Commissioner Don Fozo stated that he also believes that such a special exception request would run with the land. Council Member Coleman then made a motion, seconded by Council Member Kelly that Bill No. 03-69 be recommended favorably to the Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-70 which addresses a petition from the Board of Zoning Appeals for the properties located at 214, 218 and 220 South Chapin Street and 745--749 West Wayne Street. Building Commissioner Don Fozo reported that the petition is for South Bend Heritage. The Board of Zoning Appeals held a public hearing on the petition on July 17,2003 and by a vote of 3- 0 voted to favorably recommend the combined use of residential and commercial in a commercial area for the properties located at 214, 218 and 220 South Chapin Street and 745--749 West Wayne Street. (Copy of report attached). Charlotte Sobel of South Bend Heritage made the presentation. She noted that if approved one of the homes would be moved directly across the street. A total of four(4) homes would be moved in order to allow the Studebaker Museum to be built at the subject location. Council Member Pfeifer inquired about the 4th home and Ms. Sobel noted that it would be moved from Thomas Street. Council Member Pfeifer noted that this project is in her Councilmanic District and that it would be good for the neighborhood. No one from the public spoke in favor or in opposition to the Bill. Following discussion, Council Member Kelly made a motion, seconded by Council Member Coleman that Bill No. 03-70 be recommended favorably to the Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 03-71 which addresses a petition from the Board of Zoning Appeals for the property located at and being Lot 70 of Wooded Estates on the south side of Oak Park Drive approximately 165' west of Ironwood Drive. Building Commissioner Don Fozo reported that the petition is for Ironwood Family Dentistry, LLC. The Board of Zoning Appeals held a public hearing on the petition on July 17, 2003 and by a vote of 3-0 voted to favorably recommend that the continuation of a parking lot on the property located on the south side of Oak Park Drive. (Copy of report attached). Mr. Derek J. Spier,an Urban Planner with Abonmarche Consultants,LLC., made the presentation for the petitioner Dr. Russel Murphy of Ironwood Family Dentistry, LLC. The parking lot would be used to provide additional parking space for the dental office currently under construction on Lot 2 of Wooded Estates. Mr. Spier stated that screening would be constructed as required by the zoning code and the actual type would be addressed at this evening's meeting. Zoning and Annexation Committee August 11,2003 Page 4 In response to a question from Council Member King, Mr. Spier noted that a six foot wooden fence, brown in color similar in style to the office is presently being discussed. Mr. Spier also noted that with regard to lighting that there would be adequate buffering to screen the light away from surrounding properties. The Council Attorney inquired whether the concerns of the Catanzarites addressed in their letter of July 18, 2003 (copy attached) were addressed by the petitioner at the Board of Zoning Appeals public hearing. Mr. Fozo noted that the BZA members received the letter but did not made any conditions relative to that letter in their recommendation. Council Member Kuspa then opened the public hearing for comments from the public. Mark Catanzarite of 2022 Oak Park Drive, South Bend, Indiana 46617 then addressed the Committee. He noted that he spoke in favor of the request at the BZA meeting subject to the conditions set forth in his letter. Mr. Catanzarite stated that he and his family would like to maintain their property value and their privacy. They would like adequate buffering. He noted that they moved their home and saved it from demolition. They desired a safe and secure environment with proper access to their lot. He voiced concern with regard to dry wells and excavation at the location which are currently under way. He noted that he had preliminary discussions with Dr. Murphy but that they have not had any contact recently. Mr. Catanzarite also noted that the most recent final site plan that he has seen has made no provision for drainage. He has concerns for the safety of his children if all of these concerns are not properly addressed. Council Member King stated that the ideal would be for the parties to get together and discuss their concerns and discuss how each issue would be handled. Council Member Kelly urged the parties to resolve their differences before the Council take formal action. He then recommended that the Bill be sent without recommendation. Council Member King stated that the land is located within his Councilmanic District. He noted that more time may be needed to talk about the properties involved. He noted that Mr. Catanzarite has made a significant improvement to the area and that the dental office would be taking property which needed to be improved,again with a significant investment to the area. Council Member Kirsits inquired what the fair market value would be of Mr. Catanzarite's investment. Mr. Catanzarite stated that it would be approximately $200,000 which would include a lot of sweat equity. The Council Attorney noted that the Council has sixty(60) days to take formal action from the date of the BZA meeting;therefore additional time for consideration could be within this time frame. Mr. Spier stated that he believed that a continuance would be in the best interests to permit the parties to have discussions and report back to the Council. Following discussion, Council Member Kelly made a motion, seconded by Council Member Coleman that Bill No. 03-71 be continued until the August 25th meeting at the request of the Petitioner. The motion passed. Zoning and Annexation Committee August 11,2003 Page 5 The Council Attorney noted that it has been brought to her attention that the Committee will need to reconsider the motion on Bill No. 03-80 since Council Member Pfeifer who made the motion on the Bill is not on this Committee. Since the committee operates more informally, she noted that a formal motion of withdrawal of the previous motion would not be needed. Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 03-80 be recommended favorably to Council. The motion passed. There was no miscellaneous business. There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 4:55 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments