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HomeMy WebLinkAbout01-14-91 Zoning & Vacation t a,. ti '4 Q tnummge tepnrt ZONING AND VACATION COMMITTEE Oa the Mammon &loun tl of tip QCttg of 001411 Mend: The January 14, 1991 meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 4:32 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Zakrzewski, Soderberg, Coleman, Puzzello, Slavinskas, Luecke, and Duda; Jon Hunt, Ann Kolata, James Cook, Richard Morgan, John Firth, John Byorni, Tim Hartzer, Scott Nowakowski, Ron Sadelik, Tom Estorf, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Substitute Bill No. 82-90 which would amend the Zoning Ordinance for 489 . 5 acres located by Olive Road, the Michiana Regional Airport, U.S. 20, and Old Cleveland Road, and 170 acres located near the Toll Road Industrial Park. Mr. John Byorni of the Area Plan Staff briefly reviewed the Bill. He noted that he had given presentations on this Bill on two previous occasions. He noted that the Substitute Bill incorporates all of the annexed area previously acted upon by the City Council. He noted that the Area Plan Commission gave favorable reports at their meetings of October 16th and November 20th of 1990. Council Member Luecke questioned how many of the homes near the airport are currently occupied. He was advised that three homes are now occupied, which are located on Old Butternut Road. It was noted that parcels 1 & 2 would become "D" Light Industrial and parcel 3 would become "B" Residential. It was also noted that the three homes located near the airport are on the acquisition list. Council Members Slavinskas and Puzzello questioned what stage the appraisals were at on the properties in question. Ann Kolata noted that the appraisals are currently being typed. Following further discussion, Council Member Coleman made a motion seconded by Council Member Luecke that Substitute Bill No. 82-90 be recommended favorably to Council. The motion passed. The next item on the agenda was to review Bill No. 83-90 which is a proposed Ordinance and Site Development Plan of Jack Hurwich and Betty Hurwich-Zoss to zone from "C" Commercial and "B" Residential, "A" heightened area to "C" Commercial, "A" heightened area with the property being ti Zoning and Vacation Committee January 14, 1991 Page 2 located at the Northeast corner of Cleveland and Portage Roads. Mr. James Cook briefly explained the Bill. He noted that the property to be rezoned contained 28.418 acres and is being requested to be rezoned for the development of a Meijer store. He further noted that at the meeting of November 21, 1990, the Area Plan Commission gave a favorable recommendation to the development subject to a final Site Plan. Council Member Luecke questioned the type of landscaping that would be utilized. He was advised that a seven foot wooden opaque fence would be erected. Council Member Soderberg noted that a six foot fence is the maximum allowed, otherwise a BZA petition and hearing would be necessary. He was advised the developer would abide by the six foot maximum height restriction. Council Member Luecke questioned whether the Meijer Corporation of Grand Rapids, would be paying for many of the extra costs involved for the development. The committee was advised that the cost for the acceleration and deceleration lanes, the traffic signals if warrants are met, and sewer and water lines would all be paid for by the Meijer Corporation. It was noted further that the oversizing of the sewer and water lines would be a cost to the City. In response to a question raised by Council Member Zakrzewski, it was noted that the management of the property would be directly by Meijer. It was also noted that all of the acreage would be part of the development. Council Member Luecke questioned the type of water retention on the site, and was advised that water is required to be retained on the site. It was noted by Mr. Ron Sadelik, the engineer for the project, that the design would be for a one hundred year storm. Upon further questioning by Council President Niezgodski, the Committee was advised by the engineer that all steps would be utilized to avoid hazardous leeching. Mr. Scott Nowakowski of the Meijer Corporation gave further information with regard to the proposed development. Following further discussion, Council Member Coleman made a motion seconded by Council President Niezgodski that Bill No. 83-90 be recommended favorably to Council . The motion passed. Zoning and Vacation Committee January 14, 1991 Page 3 The Committee then reviewed Substitute Bill No. 87-90 which is a proposed rezoning of Joseph J. and Carole Peters to zone from "B-1" Residential, "A" heightened area to "C" Commercial, "A" heightened area, the property being located at the Southwest corner of Grant and Mayflower Roads. Mr. John Firth gave the presentation. He noted that he was before the Council approximately one year ago and received unanimous approval by the Council for this project. He noted however, that the developer missed the one year deadline with regard to procurring his building permit. He further noted that the project was delayed in light of not receiving curb cut approval from the State. He further noted that there was no remonstrance at any of the previous hearings. Council Member Zakrzewski questioned the type of screening on the South side near the trailer park. Mr. Firth noted that the developer would be present at the formal meeting this evening to address that question. Council Member Zakrzewski that the project is within the sixth district, and that he would be favorably supporting the rezoning. Council Member Luecke voiced concern over new gas station locations with former sites not being utilized. Council Member Slavinskas noted that special coated metals and fiber glass tanks are now required under EPA regulation for gasoline tanks. Following further discussion, Council Member Coleman made a motion seconded by Council Member Zakrzewski that Substitute Bill No. 87-90 be recommended favorably to Council . The motion passed. The Committee then reviewed Bill No. 97-90 which is a proposed Ordinance initiated by the Area Plan Commission amending Title 21 of the Municipal Code by adding a new section to allow hospitals and emergency medical care service centers in "A-3" zoning districts. Mr. Byorni gave the presentation. He noted that this Ordinance was being initiated in light of the proposal by Madison Center to have such an operation in their location. Zoning and Vacation Committee January 14, 1991 Page 4 He noted that at the November 21, 1990 meeting of the Area Plan Commission, that the Bill received a favorable recommendation from the Commission. It was also noted that specific parking regulations would be addressed. Following further discussion, Council Member Luecke made a motion seconded by Council Member Zakrzewski that Bill No. 97-90 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 113-90 which is a Bill to vacate an alley located near St. Peter and Howard Streets. Mr. Tim Hartzer gave the presentation. He noted that five parcels would be effected. He explained that a perpetual non-easement would be required by the City to allow use for exclusive ingress and egress through the alley. He noted that there is some confusion on the part of property owners in the area as far as the type of usage which would be allowed once the alley is vacated. It was recommended that a new Article 5 be incorporated within the Ordinance to specifically make the vacation subject to the perpetual non-exclusive easement. Council Member Duda questioned why the vacation was needed at this point. Counci Member Luecke also questioned whether there is a proposed developer involved. Council Member Luecke also questioned the overall public purpose of the proposed vacation. Council Member Soderberg questioned who would maintain the alley in light of the perpetual non- exclusive easement. Mr. Hartzer noted that many of these issues have not been thoroughly discussed. Council Member Slavinskas then noted that the Board of Public Works at its meeting of December 17, 1990 acted on the recommendation of the alley vacation. It was sent to the Council with a favorable recommendation (report attached) . Council Member Slavinskas then read into the record, the letter dated January 9, 1991 from Nenc signed by Arthur Quigley which voiced concern in opposition to the proposed vacation. Council Member Slavinskas noted that the letter assumes that the alley would be closed. Council Member Puzzello noted that residents were not at the Board of Public Works meeting because they were unaware of it. She noted that she had received a call from the residents last week, and that there is much confusion and lack of information. P • Zoning and Vacation Committee January 14, 1991 Page 5 Council Member Coleman recommended that there should be involvement and better communication between the residents and the petitioner. He recommended that this could be positively addressed if the meeting was continued and a meeting held between concerned parties. It was further suggested that questions such as maintenance and access be specifically addressed. Mr. Hartzer did not object so long as the meeting would be informational and would solely address this topic. Following further discussion, Council Member Coleman made a motion seconded by Council President Niezgodski that Council Member Puzzello proceed ahead with the meeting and that the Bill be continued until the meeting of January 28, 1991. Council Member Slavinskas noted that he believes that it would be helpful if new Section 5 would be incorporated within the Bill, noting that there would be a perpetual non- exclusive easement. The motion passed. There being no further business to come before the Committee, the meeting was adjourned at 5:40 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Vacation Committee