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HomeMy WebLinkAbout10-08-90 Zoning & Vacation Okt twattor Erwin Zoning and Vacation Committee Mu tip eZonunon Council oa tip Ql{tj u $onf Brad: The October 8, 1990 meeting of the Zoning and Vacation Committee was called to order by it's Chairperson Lee Slavinskas at 4 : 00 p.m. in the Council Informal Meeting room. Persons in attendance included Council members Coleman, Niezgodski, Puzzello, Slavinskas, Zakrzewski, and Luecke, Jenny Pitts-Manier, Don Porter, Jon Hart, Robert Sante, Charles Lord, Lech Boripeak, David Norris, Ernie Szarwark, John Birney, Ann Kolata, Bernie Feeney, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda was Bill No. 53-90 which is a petition to rezone the property located ` at Prairie and Locust Roads. Mr. John Birney of the Area Plan Staff summarized the favorable recommendation from the Staff and Commission of it's meeting of September 18, 1990. Mr. Bernie Feeney of Lang Feeney represented the Petitioner. He noted that the developement and proposed rezoning was to allow parking and eliminates an earthen hill at Ewing and Prairie Avenues. He noted that by this a curb cut would be eliminated near Ewing and Prairie Avenue which several Council Members had previously voiced concern over public safety with regard to ingress and egress. Council Member Zakrzewski, the Council Member for the District stated that he was in favor of the proposed rezoning and had not received any complaints against it. Following further discussion, Council Member Zakrzewski made a motion seconded by Council Member Coleman that Amended Bill 53-90 be recommeded favorably to Council. The motion passed. The Committee then reviewed Bill No. 67-90 which is an amended Bill to rezone the property located at 1319 North Iowa Street. Mr. Birney of the Area Plan Staff highlighted the September 18, 1990 report recommending the proposed rezoning unfavorably to the City Council. it is proposing to rezone the property from �l "C" Commercial "A" height and area to "D" Light Industrial "A" height and area. Mr. Lech Boripeak represented the Petitioner. He noted that access to the site would be by Iowa Street. He noted that • the Petitioner Mr. Charles Lord owns a company and is willing to bring his company from Michigan to South Bend. He noted that there are seventeen (17) full-time employees currently and that he has been looking for a proper area for the past two to three years. Mr. Lord noted that there is adequate parking with twenty-one spaces being available plus additional space for eight to ten parking spaces in the future. He noted that his operation does have metal scrap shavings however they are retained inside due to the value. His company has several contracts which are military in nature and he stated that he would like to have a top quality building to house his machinery and to upgrade and improve his overall business image by an improved building location. He noted that the Area Plan Staff voiced concern that this would be an intrusion of a manufacturing use into a C Commercial area. Mr. Bob Sante of the Area Plan Staff stated that the proposed rezoning is located next to the Arbor Gate Inn. In his opinion he considers this to be a spot zoning since it is surrounded by C Commercial operations. John Coleman, the Council Representative on the Area Plan Commission, stated that there was no one to remonstrate at the Area Plan meeting. He noted however that he voted against the proposed rezoning since he is concerned about what will happen if the rezoning is approved ten years down the road. Council Member Niezgodski, the District Councilman, noted that he visited the location proposed to be rezoned and also visited Mr. Lord's current operation. He stated that it is high technology and that there are no noise problems in existence. He noted that the building would prohibit it from being used for other D Light Industrial uses. He stated that in his opinion he believes that Mr. Lord's operation would be a proper one for the property in question. In response to a question raised by Council Member Luecke, Mr. Lord noted that the additional space would be used for testing, assembling, and related operations. Council Member Slavinskas stated that he respects the opinion of the Area Plan Staff as well as the recommendation of the Area Plan Commission. He noted however that with automation, typically there are fewer employees and that our City has a long history of machine and tool die workers in the area. He stated that he does not see the proposed use as being incompatible with the surrounding uses and that perhaps the City Code Book for the types of uses allowed should be carefully reviewed. He noted that if there were less than five employees it would be a proper location under our current regulations. -2- Council Member Puzzello stated that she is in favor of the proposed rezoning and noted that it is next to a tire store operation. The Council Attorney and Mr. Sante noted that restraints could be incorporated by utilizing the committment procedures outlined in the new Indiana Law located at I.C. , 36-7-4-613, however such a process would require the Bill being sent back to the Area Plan Commission with all of the conditions required by the Council. Council Member Luecke questioned whether the Petitioner had contacts with Mr. Hunt and it was noted that he did not. Following further discussion, Council Member Niezgodski made a motion seconded by Council Member Zakrzewski that Substitute Bill No. 67-90 be recommended favorably to Council. The motion passed by a 3-1-1 vote with Council Member Coleman in the minority and Council Member Luecke abstaining. The Committee then reviewed Bill No. 80-90 which would annex into the City certain area contiguous to it. Mr. Jon Hunt noted that this is part of the Airport 2010 Project. He noted that this is one of the steps of a series of annexations which would take place. Mr. David Norris then reveiewed the Bill. He noted that the area in question also has a written fiscal plan which would be heard under special business at this evenings regular Common Council Meeting. It sets forth how the City would provide services and how they would be paid for. The area in question was shown on a map to the Committee and incorporates approximately 489.50 acres. An office park, hotel, and golf course is proposed. It was noted that T.I.F would be utilized for utilities and for structure. Police for the area would require a new beat with approximately four and one-half officers being added. Fire services could be provided by utilizing Stations 4, 7, and 11 and that there would be no impact on the Park or Code Enforcement Departments. Council Member Luecke questioned whether four and one-half police officers were needed for each of the annexed areas. It was also noted that twenty percent of their time would be utilized in this area. Council Member Niezgodski stated that the re-districting would require nine, new police officers. Council Member Voorde voiced concern over who would have overall control on operation of the Airport 2010 Project. He voiced concern with regard to various public financial committments and whether tax abatement would be anticipated in this area. Jon Hunt stated that design quality must be maintained and -3- that he shares the same concern of Council Member Voorde. He stated that design guidelines are being prepared by Cole Associates and that there would be a proper design review committee. Tax abatement which would be much more restrictive in light of the T.I.F. monies and the considerable amount of money spent on infrastructure. The Committee then reviewed Bill N.o. 81-90 which was also an annexation bill. It was noted that this would have a mix of developers including the airport authority, developers and the Redevelopment Commission. The key private would be a development design review committee which would blend public and private concerns. Mr. Hunt noted that Cole Associates should have the overall rendering within three weeks and a Council meeting would be held for an update. It was noted that there would be a Substitute Bill No. 81-90 and the new boundaries incorporating 170. 005 acres would be annexed. Following much discussion, Council Member Luecke made a motion seconded by Council Member Niezgodski that Bill No. 80-90 and Substitute Bill No. 81-90 be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, the meeting was adjourned at 5: 00 p.m. Respectfully submitted, Council Member Lee Slavinskas Chairperson, Zoning and Vacation Committee -4- •