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HomeMy WebLinkAbout07-26-04 Zoning & Annexation . 1 Zoning and Annexation Committee The July 26,2004 meeting of the Council's Zoning and Annexation Committee was called to order by its Chairperson, Council Member Ervin Kuspa, at 4:12 pm in the Council Informal Meeting Room. Persons in attendance included Council Members Pfeifer,Kelly,Puzzello,Varner, Kuspa, Coleman,Kirsits, and White,Public Works Director Gary Gilot, Andy Videkovich, Michael Danch, Steve Cooreman,Venessa Cooreman,Larry Magliozzi,City Clerk John Voorde, William F. Alford,Jr,Nancy Korporal,Bruce Bancroft,Bernard Feeney, James Masters, Veronica Smith,Dale DeVon,Greg Tillman,Fred Williams, Terry Bland of the SoutR Eutd Tabu te, and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kuspa noted that the Committee consisted of Council Members Puzzello,Kelly,Coleman and himself He requested that all persons addressing the Committee who are petitioners provided their name and address for the record. Council Member Kuspa stated the first item on the agenda was Bill No. 40-80 which is a proposed fiscal plan and policy for the provision of services to an annexation area in Centre Township commonly known as the"Hidden Creek LLC Annexation Area". Larry Magliozzi,Assistant Director of the Division of Community Development made the presentation. He noted that this is a voluntary petition for 31.33 acres north of Jackson Road and west of US 31. All public improvements would be done at the expense of the developer, however the city will assist in the extension of the main water line from the intersection of Jackson Road and Main Street. He then highlighted portions of Exhibit A attached to the proposed resolution(copy attached)and noted that the proposed annexation meets the requirements of state law. Council Member Coleman made a motion, seconded by Council Member Kelly that Bill No. 04-80 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 38-04 which would annex and bring into the city limits certain land located in Centre Township which is commonly known as Hidden Creek,LLC,with an address of 20751 Jackson Road. Bernie Feeney of Lang,Feeney&Associates, Inc. with offices at 715 South Michigan Street in South Bend made the presentation. He provided copies of the preliminary site plan of the area in question(copy attached). Mr. Feeney stated that the land is being filed by 100 %of the owners of the land which is contiguous to the City of South Bend. He noted that there are seventy-one(71)lots proposed in the subdivision with an investment of$700,000. Dr. Varner inquired whether any street names have been proposed and was advised that they have not been as of this date. July 26,2004 Zoning and Annexation Committee-page 1 . r Council Member Coleman made a motion, seconded by Council Member Kelly that Bill No. 38-04 be recommended favorably to Council. The motion passed. Council Member Kuspa then called for a presentation on Bill No. 36-04 which would annex and bring into the city limits property in German Township commonly known as 23977 Brick Road. Mr. Magliozzi noted that this Bill had its public hearing on July 12th along with its fiscal plan and tonight it will have a 3rd reading only. Therefore no action by the Committee is necessary at this time. Council Member Kuspa then called for a presentation on Bill No. 04-81 which would adopt a written fiscal plan and establish a policy for the provision of services to an annexation area in German Township commonly known as the Steve and Jean Cooreman Annexation Area. Council Member Kuspa also asked for a presentation on its companion bill, namely Substitute Bill No. 28-04 which would annex and being into the city limits and amend the zoning ordinance for 21300 block of Cleveland Road and 52804 Lynnewood Avenue located in German Township. Council Member Deiter disclosed that he recently had a dealing with the petitioner,Mr. Cooreman, however that transaction has nothing to do with the proposed Bills pending before the Council. Larry Magliozzi reviewed the proposed fiscal plan which received a favorable recommendation from the Board of Public Works and the Board of Public Safety on this area of approximately five(5)acres. He also provided a separate 2-page document highlighting seven (7)areas which he noted, in response to a question from Council Member Coleman,that it was not part of the written fiscal plan(copy attached). Andy Videkovich of the Area Plan staff noted that at the May 18, 2004 meeting of the Area Plan Commission Substitute Bill No. 28-04 had a public hearing. The Area Plan Commission sends the Bill to the Council with a favorable recommendation. Michael Danch of Danch,Harner&Associates,Inc.,with offices at 2422 Viridian Drive in South Bend made the presentation. He noted that the area in question is in the northeast corner of the development and he provided copies of a preliminary site plan(copy attached). He and Mr. Steve Cooreman then provided a 13-page document to the committee which contained: a colored map of the area in question depicting other commercial uses in the area; pictures of the Niles Kentucky Fired Chicken Store; a letter dated July 15,2004 to the Council from William F. Alford,Jr. Corporate President of KFC of Niles,Michigan which stated that the lighting would go on at dusk and go off at 10:00 pm and would be directed toward the building. That letter also indicated that trash pick-up would take place 3-4 times a week and that the trash containers are enclosed and not visible to the public. The packet contained a letter dated May 19, 2004 from Robert W. Sante,Executive Director of the Area Plan Commission noting that Karl King and Roland Kelly made the motions at the May 18,2004 Area Plan Commission meeting recommended favorable action on the proposed rezoning from"0"Office and"R"Residential to"CB" Community Business,noting that the "use and zoning proposed is appropriate for this location given the other business and office uses that are located along Cleveland Road". The July 26,2004 Zoning and Annexation Committee-page 2 packet also contained a picture depicting the dense tree line which would act as a buffer to the county residents; a hand-drawn map showing the tree buffer and traffic patterns; a map showing population density; a letter from Roland Chamblee, Sr. in favor of the project and a five(5)page petition in"favor of the rezoning and approval of a KFC restaurant at the corner of Cleveland and Lynnwood". They noted that the staff of the Area Plan Commission requested that the development be reduced in size which the petitioner did,thus the substitute bill. The access point was also dropped back at their suggestion. It was noted that a new library of 14,000 square feet is proposed in the area. 250,000 would use the library in one year. Mr. Cooreman stated that he discussed with Mr. Gilot and Mr. Littrell a de-acceleration lane as well as their proposal to donate some of the money necessary for a light. In response to a question from Council Member Kuspa, it was noted that the closest resident to the north would be 150' away with the dense tree line also being to the north. Council Member Kelly inquired about the de-acceleration lane. Carl Littrell stated that Cleveland Road is already a four-lane highway and does not believe it is necessary. In response to a question from Council Member Puzzello,Mr. Danch stated that they would have a cross access easement for continuous access. Nancy Korporal of the South Bend Public Library noted that the proposed library would have access through the Meijers parking lot and from Lynnwood. They are currently doing feasibility studies. Mr. Cooreman of 24545 Brick Road stated that he is the largest developer in the northwest part of the City of South Bend. He noted that his projects have been responsively planned. He introduced William F. Alford,Jr., Corporate President of KFC of Niles,Michigan and summarized his letter in the packet regarding lighting and trash containers. He noted that hours of operation would be until 9 pm on weekdays and 10 pm on weekends. Mr. Cooreman stressed that the Area Plan staff sent a favorable recommendation and that the Area Plan Commission sent a favorable recommendation reflected in its vote of 10-2. Venessa Cooreman then addressed the Committee. She noted that the petition in favor of the proposed rezoning contains 110 signatures from City of South Bend residents. Mr. Cooreman noted that ten years ago they rezoned 3 1/2 acres to"0" office and no offers have been received for that zoning designation, with restaurants making the only inquiries. The development would be visible from the Indiana Toll Road. There are 28,000 cars who go thru the intersection of Cleveland and Lynnewood each day therefore it is an ideal site. He noted that there is a need for consistency between the county and the city regarding zoning. The development would address the need for more dining choices in the area and would bring new revenue to the city as well as new permanent jobs. He stated that he went door to door and the persons raised concerns about noise, and safety at the intersection. He noted that residents are also concerned about possible annexation into the city since they are surrounded by the city. There reports indicate that noise is at 83 decibels on the sidewalk and 60 decibels by the treeline. He noted that their proposed development would exceed the requirements for the zoning July 26,2004 Zoning and Annexation Committee-page 3 classification. The average number of KFC transactions would be 150-175 per day,compared to 500-1,000 transactions at the proposed library. The preliminary site plan shows a de-acceleration lane. The KFC hours would not begin until 11 am each day of the week and would close at 9 pm on weekdays and 10 pm on weekends. James Masters, an attorney for the South Bend Public Library noted that any development by the library would be done to minimize traffic going into the neighborhood. Mr. Cooreman stated that they would be willing to cost share the cost for a traffic light and de-acceleration lane up to $50,000. He noted that if the rezoning is turned down,nothing would be changed and the safety concerns for the intersection would remain. He noted that he was also willing to donate land necessary. He added that 39,664 residents live within a three-mile radius and currently they have four(4)dining choices. He also noted that some of the other individuals in favor of the development include Dr. Roland Chamblee and former 1st District Council Member James Aranowski. Proceeds from the sale would be reinvested into the neighborhood and would continue to build the neighborhood. Council Member Kuspa then opened the floor for public comments. Veronica Smith of 51086 Masthead spoke in favor,noting that she was a representative of a residential development company and further noting that over 100 residents in the immediate area are in favor of the proposal. She indicated that currently there are three(3)views: travel to Grape Road, current options in the area for eating are busy and that they are very well informed. Dale DeVon, a member of the St. Joseph County Council spoke in favor of the bills. He noted that he is the Chairperson of the County Council's Land Use Committee and that the development would be a fine addition for growth in South Bend. He noted that Mr. Cooreman has worked well with the people for the past ten(10)years. Greg Tillamn of Signature Homes spoke in favor of the bills. He noted that their is momentum on the west side in the residential and retail developments. Members of the public speaking in opposition included Fred Williams of 52663 Lynnwood. He noted that they know of 120 residents against the development. They have concerns focusing on safety,planning and availability of land. There are traffic jams now, no turn land and they believe that Lynnwood would be used as an entrance. The proposed KFC would have a seating capacity of 65 plus a drive-thru. He suggested that the development be moved 1/2 block. In response to a question from Council.Member Coleman,Mr. Magliozzi stated that his memo briefly addressed earlier was shown to Mayor Luecke and Sharon Kendall. He added that there is nothing in the City Plan for further development in this area. Council Member Kirsits inquired about the various zonings in the county and the city noting that the map shows a funeral home,a bank, etc. in the immediate area. Mr. Gilot stated that there is a$3.4 million public investment in the area. It would cost $1 million per lane to retrofit it and the cost of a traffic light would be$150,000. July 26,2004 Zoning and Annexation Committee-page 4 Mr. Cooreman stated that there would be 150 transactions per day at the proposed KFC and that the library is 2-3 years away. The process should be started now since a light probably won't be needed until the library is in place. He added that St. Joseph County has allowed commercial development. He voiced concern that he was not made aware of the memo from Mr. Magliozzi until less than two(2)hours before the Committee hearing and believes that this type of action is hitting below the belt. He added that when the Mayor was on the Common Council he voted against the Meijers development. He suggested that the City needs to work together with the developers. Council Member Coleman stated that he has given this proposal a great deal of consideration. He commended the developer for his efforts however he cannot be in favor of it. He noted that he would prefer management growth and development for the entire area and not just one parcel at a time. Mr. Cooreman stated that he has not been able to find a purchaser for the balance of the 3 1/2 acres. Council Member Kelly noted that this is a difficult situation in light of the traffic situation which has"turned him off'. Following discussion,Council Member Kelly made a motion, seconded by Council Member Coleman that Substitute Bill No. 28-04 and Bill No. 04-81 be recommended unfavorably to the Council with the vote passing by a 2-1 margin. Dr. Varner stated that planning in advance is good. Often times the end user dictates the use of the land and affects access,traffic counts, etc. He believes it is wishful thinking that there will be a plan free of commercial development. He stated that he would support the development. Council Member Dieter stated that this area would become part of the 1st District which he represents. He stated that he "fully supports"both bills, noting that he has gone door-to-door in the city and people do want the development. He believes that it meets the needs of the residents and would be consistent with the mission statement of the Common Council, namely: "To make certain that our City government is always responsive to the needs of our residents and that the betterment of South Bend is always our highest priority". There being no further business to come before the Committee, Council Member Kuspa adjourned the Committee meeting at 5:41 p.m. Respectfully submitted, Council Member Ervin Kuspa,Chairperson Zoning and Annexation Committee KCF:kmf Attachments July 26,2004 Zoning and Annexation Committee-page 5