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HomeMy WebLinkAbout02-10-03 Zoning & Annexation (Committee deport Zoning alb turtexattou Committee The February 10, 2003 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa at 3:32 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Varner, Kirsits, King, Aranowski, Pfeifer, Kelly, Coleman, Kuspa and White; Mayor Stephen Luecke, Community & Economic Development Director Jon Hunt, Public Works Director Gary Gilot, Building Commissioner Don Fozo, Don Inks, Jeff Myers, Bruce Bancroft, Charles Leone, Timothy Williams, Ted Foti, John Oxian, Larry Magliozzi, William Hostetler, David Bergeron, Terry Bland of the IoUtij �eu� rtbuue and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the members of the Zoning and Annexation Committee include Council Members Kelly, Varner, Coleman and himself. Council Member Kuspa stated that Bill No. 2-03 addressing an annexation for the Villas at Lake Blackthorn II in the 5170 block of Orange should be continued until February 24th. The Council Attorney noted that the Council must accept the substitute version of this Bill this evening so that it may be properly advertised. Council Member Kuspa then called for a presentation on the 2nd Substitute Version of Bill No. 50- 02 which is a proposed rezoning for the property located between Navarre Street on the south, Bartlett on the North, St. Joseph Street on the east and US 31/33 on the west. Jeff Myers, an Area Plan staff member, noted that the Bill received a favorable recommendation from the Area Plan Commission subject to a final site plan. The Council Attorney noted that Council Member Aranowski, Mr. Bancroft, Mr. Foti and herself have had discussions and that there is agreement that the words "or sixty (60) feet" be added to Section II of the 2nd Substitute Bill 50-02 after the word"stories". She further noted that she had the Code definition of"story"if any Council Member wished to review it(copy attached). Mr. Bruce R. Bancroft, an attorney with Barnes & Thornburg, then made the presentation. He reviewed three (3) drawings prepared by James Childs, Architect. He noted that the site would be developed in three(3) phases with the 2nd Substitute Bill No. 50-02 addressing the 1st phase. Mr. Bancroft noted that the hospital met with the neighbors and Council Member Aranowski several times to discuss the proposed development and to address their concerns. Phase II would include the construction of a five-story parking garage which would house 960 parking spaces. A new sky bridge is proposed and a new office building. He stated that based on the concerns of the neighbors that a 40' easement would be incorporated from the edge of St. Joseph Street. He also noted that they have agreed to the sixty foot(60') height restriction for the 2nd Substitute Bill No. 50-02. Phase III would include an office building proposed to consist of three (3) stories and would also have a 40' setback from St. Joseph Street. With regard to lighting, no lights will shine off the site with this being a commitment to the neighbors. He further noted that there will be no entrances or exits onto St. Joseph Street. There will be landscaping along the entire length of St. Joseph Street with the neighbors having input into the type. The parking garage will relieve pressure for parking. Council Member Aranowski asked Mr. Bancroft to address the courtyard proposed in Phase III, noting that several neighbors have expressed concern about:foot traffic. p Zoning and Annexation Committee February 10, 2003 Page 2 Mr. Bancroft stated that a wall or iron fence would be constructed to address the foot traffic concern. Theodore J. Foti, Senior Vice President of Memorial Hospital added that Memorial has offered the neighbors to have the opportunity to sit with the architects with regard to the wall or iron fence design. Council Member Aranowski noted that there also has been discussion on construction and that the hours will be consistent with noise regulations. He added that they have also discussed that there would be no construction vehicles traveling through the neighborhood. With regard to the west side of St. Joseph Street, he noted that there are several residential parking only signs in this area. He stated that the Board of Public Works have assured him that those signs will be back up after the construction is completed. Mr. Bancroft stated that all of the representations just made by Council Member Aranowski are correct. Council Member Aranowski then read into the record a letter dated January 31, 2003 (copy attached) from the Park Avenue Neighborhood Association Chapin Park National Historic District (PANA) from Theresa Sedlack, the Secretary of the Association to Mr. Foti which primarily addressed the 40-foot setback request from the curb line be incorporated. Council Member Aranowski also read the February 6, 2003 letter (copy attached) from Theodore J. Foti, Senior Vice President of Memorial Health System to Theresa Sedlack stating among other things that "it is our intention to provide 40 foot setbacks wherever possible". Council Member Aranowski noted that the letters are relevant to all four (4) ordinances addressing the Memorial footprint being heard by the Council this evening. Jon Hunt, Director of the Department of Community and Economic Development stated that he was speaking on behalf of the Administration and the Redevelopment Commission in supporting this project. He noted that development is often a challenge, however this expansion will be respectful of the neighborhoods. The primary option is to go up instead of out in light of Leeper Park and the residential neighborhoods. There may be possible expansion to the south toward the downtown which would bring significant benefits to the community and would balance many needs of the community. He noted that this project would retain critical jobs; that many of the buildings are taxable properties and that it will be a catalyst between the downtown and the hospital for development. He supports the project as being good for the community. Mr. Theodore J. Foti, Senior Vice President of Memorial Health System stated that they need more beds, especially for heart and oncology. They need more physician office space. Fifty (50) new physicians were hired in 2002 and they expect to hire an additional fifty (50) physicians in 2003. Memorial is developing a ten-year plan to address increased demands, especially in light of the upcoming move of St. Joseph Medical Center from the city. He noted that planning requires rezoning now. The planning process should be completed by the end of April 2003 so that construction may begin later this year. In response to a question from William Hostetler, Jeff Myers stated that the rezoning process requires a final site plan to be filed within one(1) year. Council Member Aranowski thanked the neighbors for all of their input, especially that which has 1 mooning and Annexation Committee February 10,2003 Page 3 taken place in the last two (2) months. It was noted that there were two (2) meetings held at the Leighton Senior Center. He noted that Memorial and the neighborhoods have established good communication links. Following discussion, Council Member Aranowski made a motion, seconded by Council Member Coleman that 2nd Substitute Bill No. 50-02 as to be amended be recommended favorably to Council. The motion passed. Council Member Kuspa noted that the following Bills would be heard together for purposes of the Committee public hearing, namely Substitute Bill No. 89-02 which is a rezoning request for property including 8-1 and 809 North Michigan Street; Substitute Bill No. 90-02 which is a rezoning request for 6 15 North h Michlg an Street,and Substitute Bill No. 91-02 which is a rezonin g request for 802 North Lafayette Street. Jeff Myers noted that Substitute Bill Nos. 89-02, 90-02 and 91-02 all received favorable recommendations from the Area Plan Commission. He noted that since each of these Bills are Council initiated that they are not subject to a final site plan. Mr. Bancroft made the presentation on these Bills. He noted that Memorial has entered into a contract to purchase the YWCA Building. In the 4th quarter of this year there will be a change to the YWCA and that the asbestos in the building must be addressed. Once that is completed, the building will be demolished. All of the rezoning requests affect property of the hospital campus. He stated that planning is critical in light of the volume of patients and in the future to address the increased volume resulting from the closing of the St. Joseph Medical Center. All of the rezonings are for"C"commercial,"G"height and area. Mr. Foti noted that development to the north would be highly unlikely in light of the presence of Leeper Park. He also noted that there is a high water table level. During the current construction of the heart building,contractors have hit three(3) artisan wells. Council Member Aranowski stated that the 40' rule and incorporating input from the neighborhood on landscaping will be in effect for these three (3) rezonings. Charles Leone stated that he was speaking on behalf of the neighborhood association. He noted that they have had many quality discussions with Memorial and have built an effective working relationship. Council Member Kirsits inquired whether there was a property trade with Madison School. Mr. Foti stated that the hospital will acquire the playground area and the YWCA area will go to Madison School. Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that substitute bill nos. 89-02, 90-02 and 91-02 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on.Bill No. 103-02 which is a proposed rezoning for the property located at 3511 Lincolnway West. one and Annexation Committee ■ Exuary 10, 2003 Page 4 Jeff Myers of the Area Plan staff noted that the Area Plan staff and Commission both send the rezoning request to the Council with an unfavorable recommendation. He noted that although there is a large portion of the property currently zoned"C"commercial, that the approval of this rezoning would extend commercial rezoning north to Elwood Avenue which is residential in nature in this area. The staff believes that the rear portion of the site should remain zoned "A" Residential "A" height and area, since there are in the rear portion of the commercial businesses to the east and provide a buffer for the surrounding residential properties. He further noted that the expansion of the parking lot could be accomplished by a special exception. The petitioner, David Bergeron, then made a presentation. He noted that the property currently contains a medical office. The zone change is being requested to allow a medical/dental office space and other office space. He noted that they would like the property all zoned the same. They have entered into a 7-year agreement with a doctor who would have his offices located in the old Associates Building. Dr. Varner inquired why the professional health care zoning classification was not being proposed. gP Po Mr. Fozo, Building Commissioner, stated that the PHC classification requires additional set backs which would make the property too narrow. No one from the public spoke in favor or against Bill No. 103-02. Council Member Aranowski noted that he has talked with several neighbors would be supporting the neighborhood and would be voting against t proposed r zoanmng that He noted that there are several trees and a wooded area which provides a good buffer to the residential area, which he believes should be maintained. Council Member Coleman inquired about the other alternatives addressed by Mr. Myers. It was noted that the petitioner could expand the parking lot by for a special exception. Mr. Myers noted that rt ma petitioning the Board of Zoning Appeals address all of the zoning requirements. y possible to reconfigure the parking to Council Member Coleman then inquired about the type of buffer the petitioner would use. Mr. Bergeron stated that they would install a 25-30' fence and would remove all of the scrub trees and plant pine trees instead. He noted that the neighbors do not want to be able to see through to Lincolnway West. Dr. Varner stated that if the needs of the petitioner for parking can be addressed through a special exception,that he would prefer that that action be taken. Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that Bill No. 103-02 be recommended to the Council with an unfavorable recommendation, adding that if a special exception be properly filed with the BZA that it would be supported. The motion passed. Council Member Coleman then inquired about the time and cost of the BZA process. Mr. Fozo stated that the Board of Zoning Appeals meets on the 3rd Thursday of each month, and that the filing must be made three(3) weeks and one(1) day prior. The filing fee is$250.00. The BZA recommendation would then be reported to the Common Council to be heard the 2nd Council �tng and Annexation Committee F'cbruary 10,2003 Pages meeting thereafter. Mr. Fozo also noted that the special exception would run with the land. Council Member Kuspa noted that the next item on the agenda was Bill No. 7-03 which would designate the property at 1040 (1100) West Washington Avenue as an historic landmark. Council Member Kuspa noted that the Council has received a Memorandum from the Council Attorney dated February 6, 2003 (copy attached) which suggests that Bill No. 7-03 be struck from the agenda in light of pending Bill No. 87-99 which addresses the same property. Mr. Oxian stated that he has no objection to the Bill be struck, so long as the Council moves forward on Bill No. 87-99. Dr. Varner made a motion, seconded by Council Member Kelly that it recommend that Bill No. 7- 03 be struck from the agenda based on the opinion of the Council Attorney and the approval of the President of the Historic Preservation Commission. The motion passed. Council Member Kuspa noted that a representative of the Historic Preservation Commission requested the opportunity to address the Committee on a proposed amendment to the South Bend Municipal Code. Mr. John Oxian, President of the Historic Preservation Commission, then addressed the Committee. He noted that the Commission would like to have enforcement and inspection authority. Proposed amendments would establish such procedures. A person has already been hired to out such duties. �'y He noted that there are over 170 landmarks in the city. He would like to move forward in introducing a bill addressing such enforcement procedures. The.Council Attorney noted that in order for such a Bill to be introduced that it must be sponsored by either Area Plan or the Common Council, under current state law. She noted that a similar bill was introduced last year, namely Bill No. 79-02. That bill did not have a proper sponsor and died before the Area Plan Commission and was eventually withdrawn. Charles Leone, City Attorney, voiced concern over the suggestions, noting that the current process works. He stated that HPC acts as a legislative body primarily and that he believes that it would not be appropriate to give it administrative enforcement powers. He believes that a separation of powers issue would be raised. He further added that I-PC is not a city agency. It is a separate board. He is bothered by a city ordinance which may give enforcement authority to a non-city agency. Mr. Oxian noted that a similar ordinance would be introduced to the County Council. He stated that the proposed ordinance was drafted by Assistant City Attorney Thomas Bodnar. He is surprised that Mr. Leone is unaware of what one of his staff members is doing. Mr. Oxian stated that there is a lawsuit on Leeper Park and that there may be one filed involving Madison School. He stated that the HPC attorney believes there is the right to have such powers. Council Member Coleman suggested that in the interest of time that Mr. Oxian loot ak another route. Council Member King stated that this issue should not have been brought to the Committee. ,fie and Annexation Committee Fes. 10,2003 Page There being no further business to come before the Committee, Council Member Kuspa adjourned the meeting at 4:30 p.m. Respectfully submitted, Council Member Ervin Kuspa, Chairperson Zoning and Annexation Committee KCF:kmf Attachments 1 •