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HomeMy WebLinkAbout12-10-90 Zoning & Vacation Qinnu tittrr arpnrt ZONING AND VACATION COMMITTEE alo the Mammon Moonlit of tip Ong of*until lirnd: The December 10, 1990 meeting of the Zoning and Vacation Committee was called to order by it's Chairperson, Council Member Lee Slavinskas at 5: 00 p.m. in. the Council Informal Meeting Room. Persons in attendance included Council Members Duda, Coleman, Luecke, Niezgodski, Soderberg, Puzzello, and Slavinskas; Ann Kolata, John Byorni, George Herendeen, Marty Kleva, John Leszczynski, Richard Morgan, Don Porter, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that Bill No. 72-90 which is the proposed vacation of an alley south of Mishawaka Avenue will be continued until the January 14, 1991 meeting, in light of the fact that the Board of Public Works has not acted upon a revised legal description. Council Member Slavinskas noted that the next item was to review Bill No. 68-90 which is a petition to rezone the properties located at 321 South Tuxedo Drive, 2325 East Jefferson, and 2329 East Jefferson. Mr. Richard Morgan, an Attorney with Barnes & Thornburg Law Firm, gave the presentation on behalf of the Petitioner, MacGregor Strefling Associates, a professional corporation. Mr. Morgan noted that the 3 lots in question are requested to be rezoned from "A" Residential "A" Height and Area to"B" Residential "A" Height and Area, to allow 4 OBGYN Physicians to construct an office building. Mr. Morgan noted that at the formal public hearing this evening, he would have the CEO from the Michiana Community Hospital speak in favor of the proposed rezoning, and would have other supporting documentation available later this evening. He noted that the Doctors have outgrown their current facility and that the proposed location is the best and only location. He noted that the doctors own an option on each of the 3 properties in question. He acknowledged that the Swanson Park Neighborhood Association is opposed the the rezoning. He noted that the Petitioners have exhausted all other alternatives, and specifically noted that in light of the restrictive covenants, that they are precluded from developing any of the duplexes east of the hospital. He then presented architectural renderings of the proposed development. He noted that the northern boundary would have mounding and evergreens to shield the office development from the residential neighborhood. The building costs are expected to be $600,000. 00 with the total project cost to be over $1,000,000. 00. Page 2 Mr. John Byorni, the Senior Planner with the Area Plan Commission noted that the Area Plan gave an unfavorable recommendation to the proposed rezoning. He noted that this recommendation was given because the Commission determined that it would abut a residential area, that they oppose ingress or egress off of Tuxedo, and because it would be the loss of 3 houses in the area. Mr. George Herendeen, the Attorney for the remonstrators, namely the Swanson Neighborhood Association, then presented a 1977 aerial photo of the area in question. He noted that the east side of Tuxedo has had residential homes removed for the expansion of the hospital. He noted that the West side of Tuxedo would continue the "invasion of the neighborhood" . In response to a question from Council Member Luecke, it was noted that the setback is 50 feet for the proposed new building, and it was further noted that the Schmanski property acquisition did not work out. Mr. Morgan noted that the vacant lot is not available for the property. He also noted that since the filing of the petition, that Dr. Strefling has died but that a fourth doctor would be joining the three other OBGYN's. Council Member Slavinskas questioned Mr. Herendeen as to why there were no remonstrators on the Posar rezoning on Ironwood. Council Member Soderberg, the District Councilman, noted that in his opinion he believed that this would be an intrusion into the neighborhood and would be voting against it later this evening. Council Member Niezgodski questioned the restricted covenants and was advised by Mr. Herendeen that he believed that those were removed from the FHA requirements. Mr. Morgan noted that the entire Walnut Grove property is one lot and would require a unanimous vote for any changes. Mr. Marty Kleva of Cole Associates, Inc. stated that it was his understanding that the buildings could not be altered, and none of them have 6,000 square feet, the amount needed for the Petitioners. Council Member Coleman noted that he voted against the proposed rezoning at the Area Plan Commission. He stated Page 3 that he had attended meetings of the Swanson Neighborhood Association and meetings with Mr. Morgan and Mr. Kieva. He stated that the overall rezoning was troublesome but that he would listen to any new evidence that would be presented. Following further discussion, Council Member Coleman made a motion seconded by Council Member Neizgodski, that Bill No. 68-90 be recommended unfavorably to Council. The vote was 2- 0-2 with Council Members Duda and Luecke abstaining. The motion therefore failed. Council Member Luecke voiced concern with regard to the proposed rezoning but noted that he would listen to any new evidence made available this evening. Council Member Slavinskas stated that he believes that not all of the evidence has been submitted, and that he would listen to the neighborhood and to both sides this evening. He stated that he believes a proper line should be drawn in this area. Council Member Duda noted that she has worked with the neighborhood group since 1980. Personally, she does not see the proposed project as being harmful, however she noted that the neighborhood is 75% against it. She therefore professionally is opposed to the rezoning. Council Member Slavinskas noted that in light of the fact that there was not a majority voting on the last motion that Bill No. 68-90 would be sent to the full Council without recommendation. Council Member Slavinskas then noted that the next item to be reviewed was Bill No. 82-90 which is a proposed rezoning for property located at the Northwest corner of New Cleveland Road and Maple/Portage Roads as well as by the Michiana Regional Airport. Mr. John Byorni showed to the Council a map indicating where the three parcels are located. He noted that a Substitute Bill incorporating all three parcels into the Bill had been previously filed with the City Clerk. Parcel 1 would become "D" Light Industrial, Parcel 2 would become "D" Light Industrial, and Parcel 3 would become "B" Residential. The Council Attorney noted that if the Council would accept the Substitute Bill, that Bill No. 98-90 should then be struck from the agenda under Unfinished Business. Council Member Luecke questioned whether one could farm under the "B" Zoning classification. He was advised that one could, and noted that Kathy Holcomb of 21677 Auten Road, had written to him with regard to this. 7 Page 4 Council Member Slavinskas questioned whether the rezoning affects any of the properties located on the recent acquisition list and was advised that three are included. Following further discussion, Council Member Coleman made a motion seconded by Council Member Niezgodski that Substitute Bill No. 82-90 be recommended favorably to Council. The motion passed. It was noted that Bill No. 96-90 which is a voluntary annexation to bring property within the City located in Centre Township would go forward this evening. The Council Attorney requested that an oral fiscal plan be given at this evening's Common Council Meeting so that it would be of record. John Leszczynski stated that he would be available to provide such an oral fiscal plan. He noted however that he had been advised by the legal department that it was not necessary. In light of the fact that no remonstrators are anticipated. The Council Attorney recommended to the Council that this information be made available for the Council in case of any questions which they may have , so that there would be a formal record. There being no further business to come before the Council, the meeting was adjourned at 5:50 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Vacation Committee