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HomeMy WebLinkAbout01-25-88 Zoning & Annexation Q an uttttrr Evart • ao Up Common &mutt of Up Ong of 800 Zoning and Vacation Committee The January 25, 1988 meeting of the Zoning and Vacation Committee was called to order at 4:30 p.m. in the Council informal meeting room. Persons in attendance: Councilmen Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Voorde; Ann Kolata, Jon Hunt, Dick Maginot, Jim Wensits, Richard Johnson, James Cook, 401 E. Colfax, Timothy Hartzer, James Masters, Mark Papczynski of German Township Neighborhood Council, Loretta Frank of the German Township Neighborhood Council, Agnes Klipick of the German Township Neighborhood Council, Colleen G. Lewis of 52401 Lynnewood Avenue, James Lewis of 52401 Lynnewood Avenue, K. M. Burke, George Klipick of 52444 Portage Road, John Rucauo of 52933 Sattlebark, and Kathleen Cekanski-Farrand. Councilman Slavinskas began the meeting by welcoming everyone to the Zoning and Vacation Meeting. He then introduced the members of the committee namely Councilman Steve Luecke, Councilman Sean Coleman, Councilman Bill Soderberg, and himself as Chairman. He also noted that Douglas Carpenter was the citizen member who was not in attendance. He also gave a brief summary of the rules that would be followed at each committee meeting namely that the proponents of a bill would speak first with questions following and then that the opponents or remonstrators of the bill would then speak with questions following. Mr. Richard Johnson, the Executive Director of the Area Plan Commission was then asked then to give a summary of the proposed bill. Mr. Richard Johnson noted that Bill No. 110-87 was initiated by the Area Plan Commission to zone from "A" Residential to "C" Commercial, "A" Height and Area and "B" Residential, "A" Height and Area. This land was recently voluntarily annexed into the city and is located at the intersection of Portage and Cleveland Roads. He noted that this procedure is required pursuant to Section 21-122 of the South Bend Municipal Code. He further noted that the overall plan proposed in 1972 by the staff of the Area Plan Commission saw the area in question as a "sector" which would not be compatible for single family dwellings. .... ..... MOM. wn..MINO Co s Mr. Johnson also noted that a public hearing was held by the Area Plan Commission on November 17, 1987 after legal advertising taking place on November 6th, and November 7th, 1987. He noted that pursuant to State law, 9 votes of the Commission are necessary to give a favorable or unfavorable recommendation to such a bill. Since the requisite 9 votes could not be attained, the bill in question was recommended to the City Council without recommendation. He did note, however, that the staff of the Area Plan recommended favorably on the rezoning and believed that it was the highest and best use. He also stated that the staff recommendation believed that it was in the best interests of the City of South Bend to go forward with the proposed development. Councilman Soderberg questioned whether the Area Plan meeting of November 17, 1987 had a quorum present. Mr. Johnson indicated that there was a quorum. Mr. Timothy Hartzer, the Attorney representing the owners of the property then introduced Mr. James Cook, the developer. Mr. Cook then gave a brief overview of the proposed development. He noted that sewer and water were already in place and that police and fire protection could be incorporated into the area in question. He stressed that jobs both during construction and afterwards would be a positive effect as a result of the development. He further stated that there was a demand for this type of development and would have further figures at this evening's meeting. He then gave a letter dated January 20, 1988 addressed to Mr. Richard Johnson and signed by Mr. Timothy J. Hartzer which gave a written committment with regard to a final site development plan (copy attached) . Mr. Cook noted that the natural terrain in the area would give appropriate screening throughout the proposed development and that the development would be a natural extension of the City of South Bend. Councilman Luecke questioned whether tax abatement would be requested. Mr. Cook stated that it would not. He also questioned the widening of Portage Road and was advised the developer would participate with regard to curbing, aprons, and approaches. Councilman Duda had several questions with regard to screening. Mr. Cook indicated that natural screening would be used and he would development that in further detail at this evening's council meeting. Councilman Luecke questioned what was considered "market rent" and Mr. Cook indicated that current market rent would be between $450. 00 to $650. 00 per month and that by the time the development was completed that the average monthly rental would be between $550. 00 to $750. 00. He further 2 indicated that the development would be in a caliber similar to Candlewood and Runaway Bay and that none of the units would be subsidized, however, there was a need for subsidized apartments in the City of South Bend. Councilman Zakrzewski questioned whether the contractor was a major contractor. Mr. Cook noted that a nationally known firm would be used. Councilman Slavinskas inquired into ingress and egress into the proposed development and also inquired whether the apartments would later be converted into condominiums. Mr. Cook indicated that he would show in detail the ingress and egress to the facilities with maps this evening and that because there was a market for rental units that there is no plan to convert into condominiums at a later date. Councilman Neizgodski questioned the dedication of land for the project and was advised that proper dedication would take place for curbing, access, approaches, and aprons. He also questioned whether the project would have an affect with regard to private wells. Mr. Cook indicated that currently there are three inch, eight inch, and twelve inch lines in place and he did not see any negative affect on private wells in the area. Councilman Zakrzewski questioned how drainage would be addressed and was advised that the City Engineer as well as the Area Plan must address this in the final site plan. On- site water would be handled pursuant to applicable rules and regulations and it was further noted that there is good soil in the development for percolation. Mr. Cook also noted that the proposed development would probably be similar to Northshore Woods with regard to the type of clientele and the type of overall project and quality of project. Mr. James Masters noted that he was the Attorney representing over 100 German Township residents who would be present at the 7:00 p.m. council meeting. He indicated that there would be seven representatives from the neighborhood who would speak on behalf of the residents. He noted that the very map of the Area Plan Commission showed that "C" Commercial would not be appropriate. He questioned what the long term effects to the City would be if the development was approved and also what the long term effects would be to the residents surrounding the proposed development. He contended that there could possible be a claim for "inverse condemnation" if the project was approved. He further noted that such bottlenecks as the Portage bridge and handling traffic on Portage Road must be addressed. He further indicated that the additional costs resulting from the 3 development would not be p paid by the developer but rather by the taxpayers. Councilman Zakrzewski questioned how large the actual commercial development would be. Mr. Cook indicated that it would be approximately three hundred thousand square feet. Mr. Jon Hunt, Director of the Department of Economic Development stated that the City of South Bend is strongly endorsing and supporting the proposed project. He noted that population in St. Joseph County has basically leveled off. However, a marketing report taken in February 1987 showed that there is a market for rental units of the type proposed in the project. He also indicated that development in the Northwest corner was appropriate and would strenthen the City of South Bend. He stated that the site plan was not only appropriate but made good common sense. He noted that the public committment of the developer was commendable. He also noted that a study completed in November, 1986 by a national company showed that there is a need for additional retail on this side of the City. Lastly, he indicated that written reports were received by the Department of Public Works, the Police Department, and the Fire Department and all three voiced favorable and positive support for the proposed project. Each indicated that there would be no problem with regard to meeting the service needs of the area in question. Councilman Slavinskas then asked for members of the public to give statements on the proposed project. Mr. Frank Papczynski, noted that he was the chairperson of the neighborhood group. He then gave a handout (attached) which was a recent article from the South Bend Tribune and various apartment advertisements. He was concerned with regard to abatement and questioned the overall market figures. He stated that the neighborhood group was not opposed to "A" Residential but was opposed to the proposed project. Mr. Jim Lewis of 52401 Lynnewood passed out another marketing handout (attached) . He questioned the future of the Portage Volunteer Fire Department if the development was approved. He stated that he did not believe that there was a market for such a development. He stated that a "A" Residential development would be most appropriate and not the type proposed. He further stated that he believed that there could be problems at the Sewage Treatment Plant and also with regard to retention ponds and mosquitoes. Councilman Slavinskas noted that the Council must keep in mind what is the best use for the property in question, and 4 that the City Council must weigh the long term development of the area. He also noted that he had received petitions in opposition to the development, one which contained 248 signatures, and the second which contained signatures of 178 remonstrators from the Corpus Christi area. Councilman Coleman stated that he believed that the development appears to be a natural in the western sector of the city with the bypass connecting the entire city. He also noted that the proposed expansion of Cleveland Road was also positive. He believed that there should be mixed uses for the area in question and saw it as the "new frontier" for the City. Councilman Soderberg noted that in response to remarks made by Mr. Frank Papczynski that a developer cannot dump raw sewage into a retention basin. Mr. Masters also stated that the developer should address how the developer determined what was the highest and best use for the property in question. Councilman Luecke complimented both sides on their presentations. Following further discussion Councilman Luecke made a motion seconded by Councilman Coleman that Bill No. 110-87 be recommended favorable to Council. The motion passed by a 3 to 1 vote with Councilman Slavinskas in the minority. There being no further business to come before the committee, the meeting was adjourned at 5:40 p.m. Respect ly Su ed,/ ouncilman Lee Slavinskas Chairman Attachments 5