HomeMy WebLinkAbout06-08-87 Zoning & Vacation amintitatt smart
ZONING AND VACATION COMMITTEE
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The June 8 , 1987 meeting of the Zoning and Vacation
Committee was called to order by its Chairman, Councilman John
Voorde , at 4 : 30 p .m. in the Council informal meeting room.
Persons in attendance included: Councilmen Barcome, Braboy,
Zakrzewski , Taylor , Voorde , Puzzello , Beck and Serge ; citizen
member Doug Carpenter , Ann Kolata, Ken Fedder , Hedi Robinson,
Rick Morgan, Jim Wensits , and Kathleen Cekanski-Farrand .
Councilman Voorde noted that there were four (4) matters on
the agenda for the Committee to review.
The first item was Bill No. 33-87 which would amend the
zoning ordinance for the property located at the southeast corner
of Columbia and South Streets .
Ann Kolata then briefly reviewed the bill. She noted that
the Redevelopment Department owned the property in question for
approximately 6-7 years and were looking for a reuse of the
property. It is proposed that the first floor would be used as
an antique and deli with the second floor being residential. She
further indicated that the sale of the property was contingent
upon proper zoning for the location. The Board of Zoning Appeals
would then be approached at its June meeting for the necessary-
variance .
Following discussion, Councilman Beck made a motion-,-
seconded by Councilman Taylor , that Bill No. 33-87 receive a
favorable recommendation. The motion passed.
Councilman Voorde then reviewed Bill No. 26-87 which was a
bill to rezone the property at 2002 Mishawaka Avenue and 914 20th
Street, 918 20th Street and 922 20th Street. He explained that
the purpose of the rezoning was to allow the expansion of an
existing optometrist facility. He indicated that two (2) letters
of remonstrance were received .
Attorney Ken Fedder then briefly presented the background
information for the petitioner. Councilman Beck noted that she
had not received any complaints and had personally inspected the
properties in question. She indicated that the optometrists had
been good neighbors in the past. Mr. Fedder further indicated
that the optometrists would be increasing in number from two (2)
to four (4) at the enlarged facility.
Following discussion , Councilman Serge made a motion,
seconded by Councilman Braboy , that Bill No. 26-87 receive a
favorable recommendation . The motion passed .
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Zoning & Vacation Minutes
June 8, 1987
Page 2
The Committee then reviewed Bill No. 23-87 which would
rezone the property located at 3502 Lincolnway West. Councilman
Voorde indicated that the Area Plan Commission voted favorably on
the petition at its meeting of May 19, 1987.
The petitioners , Sue Cameron and Rebecca Cameron , then
briefly set forth pertinent information. They indicated that
they would be starting a boarding , grooming , and behavioral
counseling service for cats. They indicated that they had
received letters in support of the facility from local
veterinarians. It was also indicated that Mrs. Cameron had
worked in this area with a local veterinarian for twelve (12)
years. One ( 1) remonstrator had appeared at the Area Plan
Commission to voice concern with regard to whether outside
facilities would be used. It was clarified that the operation
would be totally within the facility. It was also indicated that
the wooded area would be kept as a buffer .
Following favorably discussion by the Committee members,
Councilman Beck made a motion, seconded by Councilman Puzzello,
that Bill No. 23-87 receive a favorable recommendation to
Council . The motion passed .
Councilman Voorde then briefly reviewed Bill No. 11-87 which
would amend the zoning for the property located at Bowen Drive
and High Streets. He indicated that a total of 23.9 acres were
involved and that the Area Plan Commission voted to send the
petition without recommendation at their meeting held May 19 ,
1987 . He further indicated that the vote was 8-3 on this
recommendation.
Mr. Rick Morgan of the Barnes and Thornburg then presented
background material on behalf of the petitioners. He indicated
that the proposed Erskine Plaza would be a benefit to the City of
South Bend. He indicated that the substitute version of the bill
would be allow the modification of the legal description.
Mr. Morgan then distributed copies of the staff report dated
June 3 , 1987 to members of the Committee as well as a letter
dated June 8 , 1987 from Mr. Leszczynski (copies attached) . He
then briefly reviewed both documents with the Committee. He
further indicated that he would have representatives from the
Robert Henry Corporation, Dr. Allen and Cole Associates at
tonight's hearing to give testimony.
He further indicated that two (2) variances must be applied
for before the Board of Zoning appeals - one would allow the
building within a 100' set back and the other regarding a
variance to allow parking within a 30' set back. The total
shopping center would be 170 ,000 square feet .
Zoning & Vacation Minutes
June 8, 1987
Page 3
Mr. Morgan also indicated that representatives would be
present at the hearing from both Chicago and St. Louis and
representing Venture Stores from the May Company Division.
He stated that concern over lighting has been addressed and
that the lights would be shielded from the residential area.
With regard to the traffic on Widener Lane, he indicated that the
proposed shopping center would have less of an impact than the
relocation of Riley High School .
He also stated that eight (8) homes on Widener Lane would be
affected . He then showed a cross section indicating the
elevation and proposed screening in the area. He stated that the
natural difference in elevation ranges from 24' to 16' along the
area and that 6'-8' fences would also be installed. He stated
that draining would go into the rebuilt retention basin and that
the developers would do all things reasonably necessary to
minimize the impact to the area . He stated that a total
investment of $9 million would be made into the development with
between 300-350 jobs created .
Mr. Morgan then introduced Mr. Mike Duggan of St. Louis who
is the manager of architectural services , Mr. Dave La Pay from
St. Louis who is a vice president for May Company, Mr. Chris
Davey, Mr. Gordon Johnson, and Mr . Bob Dunbar .
Councilman Robert Taylor then briefly referred to the
traffic concerns raised by the residents of that area as well as
his desire to have these needs addressed through the City
Engineering Office and the residential neighborhood committee
headed by Councilman Zakrzewski. He also indicated that the
letter from the City Engineer showed the willingness of the City
to sit down with the residents of the area to address the traffic
concerns .
Mr. John Abraham, a resident on Widener Lane, stated that he
needed more time to address the various concerns. He believes
that the project is too large for the area. He stated that he is
not against progress but believes that certain concerns must be
addressed .
Betty Maroney , a resident of Widener Lane , disagreed with
the elevation problem. She also stated that there is currently a
water problem in the area. She believes that the streets
(especially Widener Lane) are currently abused and that this must
be addressed .
Zoning & Vacation Minutes
June 8, 1987
Page 4
Mr. George Warrick, a resident of Widener Lane, stated that
they are already having problems with Reverend Summerall 's
operation ; that they question why 2 , 200 parking spaces were
required ; and that they did not like the suggestions of
variances.
Mr. Bernard Williams, a new resident on Widener Lane, stated
that she lives in a bi-level house and that she would be looking
directly at the new mall .
In response to a question from Mr. Warrick, the Council
Attorney noted that the procedures with regard to notice of the
hearing before the Common Council were identical to all other
procedures for rezonings. She further indicated that the Council
follows all applicable State and local ordinances with regard to
notice requirements .
Mr. Rick Morgan indicated that the variances would be within
the domain of the Board of Zoning Appeals and not before the City
Council. He also indicated that a total of 1 ,076 parking spaces
were indicated on the proposed site plan. The total height of
the buildings would be 24', and deliveries would take place out
of Chicago somewhere between 6 :00 a.m. and 7 :00 a.m.
Mr. Doug Carpenter noted that if the variances would not be
granted by the Board of Zoning Appeals , the developers must
address the specific items with regard to parking and set backs
in the final site plan .
Following further discussion by the Committee, Councilman
Voorde noted that the Committee had three (3) basic options. The
Committee could vote to recommend the substitute bill favorably,
vote to recommend the substitute bill unfavorably , or vote to
recommend the substitute bill without recommendation.
Following further discussion by the Committee , Councilman
Taylor made a motion, seconded by Councilman Puzzello , that
Substitute Bill No. 11-87 be reported to full Council without
recommendation . The motion passed .
There being no further business to come before the
Committee, the meeting was adjourned at 5 : 15 p .m.
Respectfully submitted ,
Councilman John Voorde , Chairman