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HomeMy WebLinkAbout01-28-91 Zoning & Vacation 1 ftnmmtttn Report ZONING AND VACATION COMMITTEE 0!u the (Camman Ulounril of tie Mtn of Ovid!! lamb: The January 28, 1991 meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas, at 4 :45 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members Zakrzewski, Duda, Coleman, Luecke, Niezgodski, Soderberg, Puzzello, Slavinskas, and Ladewski; John Byorni, James Cook, William Panzica, Michael Dansch, Willy Lott, Michael Dobson, Sheldon Maxi, Tim Hartzer, James Hall, Jerry Speedy, Don Porter, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Substitute Bill No. 72-90 which would vacate a portion of an East/West alley South of Mishawaka Avenue. Council Member Slavinskas noted that Mr. Butch Morgan of Indiana Michigan Power Company, contacted the Council Attorney with regard to the Substitute Bill . That Company's position was to accept the substitute version if they had the opportunity to have a proper easement agreement recorded, and if the effective date of the Bill would be March 1, 1991. Mr. Sheldon Maxi, one of the Petitioners, then spoke in favor of the Bill. Council Member Sean Coleman noted that the Committee should review the twenty (20) year plan of IUSB in light of how the plan may effect other alleys in the area. Council Member Slavinskas noted that the Board of Public Works recommended favorably the Substitute Bill as set forth in their letter of January 28, 1991 (attached) . Following further discussion, Council Member Coleman made a motion seconded by Council Member Zakrzewski that the Substitute Bill, which will be amended by the Council Attorney, be recommended favorably to Council . The motion passed. The next item on the agenda was amended Bill 113-90 which is an alley vacation located near St. Peter Street and Howard Street. Mr. Timothy Hartzer, the attorney for the Petitioner, then briefly updated the Committee. He noted that the Bill was continued at the last meeting. He noted that Council Members Puzzello and Coleman met with the residents of the t r Page 2 Zoning and Vacation Committee January 28, 1991 neighborhood last week, to voice their concerns. He state that in his opinion he did not believe there were proper grounds for remonstrance to defeat the recommendation of the Board of Public Works, however he recognizes that the Council may consider other considerations. He noted that the Board of Public Works gave favorable approval at its meeting of December 17, 1990 and no remonstrators were present at that hearing. He stated that he would be willing to propose a continuance rather than have the Bill defeated at this time. Council Member Ann Puzzello stated that she would like to see a site plan for the vacant property in question. Council Member Coleman that he was concerned about the use of the vacation, and believes that there should be uniform rules for vacant property. He further stated that his personal preference was to see single family residential development and orderly growth in the area. Council President Niezgodski stated that the Board of Public Works is a recommending body and that the final authority rests with the City Council. Council Member Puzzello stated that she believes that the proposed vacation would cause a hardship to the neighborhood and would take on the task of making sure that they were properly updated and that proper notice of future hearings be given to them. The Council Attorney noted that if the Council would continue the hearing, that it must be made at the request of the Petitioner in light of State law. Mr. Hartzer agreed to that request. Following further discussion, Council Member Luecke made a motion seconded by Council President Niezgodski, that the Committee recommend that amended Bill 113-90 be continued indefinitely. The motion passed. The Committee then reviewed Bill No. 1-91 which would vacate an alley south of Lincolnway West by Blaine Avenue. Mr. Willy E. Lott of 537 Blaine Avenue was present, and briefly stated his reasons for the vacation. He noted that he would like to have the alley vacated in order to add an extension to the garage on the property. r r Page 3 Zoning and Vacation Committee January 28, 1991 Council President Niezgodski stated that the proposed vacation is within the Second District. He noted that several persons have contacted him who are opposed to the vacation. Blaine Avenue is narrow and he does not believe that the vacation would be in the best interest of the neighborhood, and especially those who use Cleveland Avenue and Blaine. Council President Niezgodski then read from the December 31, 1990 minutes, a paragraph indicating that the Engineering Department was giving an unfavorable recommendation (entire report attached) . In response to questions raised by Council Member Luecke, Mr. Lott noted that there are two (2) houses which have usaeble garages and they are both in favor of the proposed vacation. Council Member Ladewski questioned whether the alley was paved or gravel, and whether the Petitioner had sought BZA approval. Mr. Lott noted that it was not a paved alley, and that he could not seek BZA approval in light of the fact that there was not a primary building on the property. Following further discussion, Council President Niezgodski made a motion seconded by Council Member Zakrzewski that Bill No. 1-91 be recommended unfavorably. The motion passed with Council Member Luecke abstaining. Council Member Luecke noted that he needed to have further information and was concerned that a T-alley would be created and that no turning radius was being requested by the Engineering Department. The Committee then reviewed Bill No. 2-91 which would vacate the first East/West alley north of South Street. Mr. William A. Panzica, a partner of River Glen South Associates, gave the presentation. He noted that BZA would not allow a variance to allow vehicles to back into the alley. He stated that the alley is paved and that the Petitioner has been maintaining it for the past two (2) years. In response to questions raised by Council Member Luecke, it was noted that the vacation would allow additional landscaping, and improved ingress and egress to the parking area. Following further discussion, Council Member Zakrzewski made a motion seconded by Council Member Coleman that Bill No. 2- 91 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 99-90 which would amend the zoning for the property located at 18106 Ireland Road. Page 4 Zoning and Vacation Committee January 28, 1991 Mr. Michael Dansch of Peirce and Associates represented the Petitioner, Mr. Norman Melick. He provided a preliminary site plan (copy attached) . He noted that at the Area Plan Meeting of December 18, 1990, a favorable recommendation was given. Mr. Byorni of the Area Plan Staff also noted that the Staff gave a favorable recommendation to the proposed rezoning. In response to a question raised by Council Member Slavinskas, it was noted that no alcoholic beverages would be served at this restaurant. Mr. Dansch noted that it would be a fast-food type of restaurant on Ireland Road. It would be directly west of the Noble Romans facility. He further noted that agreements are close to being signed with the fast-food restaurant, however he could not disclose the name of the restaurant at this time. Following further discussion, Council Member Coleman made a motion seconded by Council Member Luecke that Bill No. 99-90 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 100-90 which would amend the Zoning Ordinance for property located at 3900 Lincolnway West. Mr. Mike W. Dobson gave the presentation. He noted that at the December 18, 1990 meeting, the Area Plan gave a favorable recommendation to the proposed rezoning. Mr. Byorni of the Area Plan Staff, noted that the Staff also gave a favorable recommendation. He also noted that the property had been zoned "C" in the past, however that zoning had lapsed back to "C-1" . Council President Niezgodski stated that he had shown pictures of the proposed development at a prior Zoning and Vacation Committee. He voiced concern in light of people who have contacted him in opposition to the proposed rezoning. He noted that they voiced concern with regard to school children attending Dickenson, St. John the Baptist, and Coquillard. He also voiced concern over curb cuts with two (2) being proposed on Lincolnway and the one (1) on Maplewood. He stated that he would be in support of a convenience and carwash operation but would be opposed to another gas station at this location. The preliminary site plan was then explained to the Committee upon the request of Council Member Coleman. Page 5 Zoning and Vacation Committee January 28, 1991 Council Member Duda stated that she would prefer ingress and egress off of Lincolnway and not on Maplewood. She also voiced concern over the fact that the Petitioner had not received approval yet with regard to the proposed curb-cut request. Mr. Dobson stated that the proposed development must have a gasoline station and that they are locally owned and operated. He noted that there is currently a delay from the LaPorte office on the curb-cuts. Council Member Luecke voiced concern over the fact that another gasoline station was being proposed at a new location as opposed to using former sites. Mr. Dobson stated that underground contamination concerns, legal concerns, cleanup costs, and the fact that most older sites are too small, all are factored into their decision to locate at the proposed site. Following further discussion, Council President Niezgodski made a motion seconded by Council Member Zakrzewksi that Bill No. 100-90 be recommended unfavorably. The motion failed with the Committee voting 2-2 with Council Member Luecke abstaining. Council Member Coleman then made a motion seconded by Council Member Luecke that Bill No. 100-90 be sent to full Council without recommendation. The motion passed with a 3-2 vote. The next item on the agenda was to review Bill No. 101-90 which would amend the zoning for the property located on the eastside of Portage Road, 385 feet north of Maple Road and Portage Road intersectin. Mr. James Cook and three (3) representatives of the Edward Rose Properties, Inc. of Kalamazoo, Michigan, were present for the presentation. Mr. John Byroni noted that the Area Plan gave a favorable recommendation at it's meeting of December 18, 1990. Mr. Jim Hall provided a booklet to each of the Committee Members (copy attached) . Mr. Jerry Speedy, of the Eward Rose Properties, Inc. , noted that there would be a total of 396 units located on 28 1/2 acres. The units would be 2 1/2 or 3 stories and approximately 2/3 's of the development would be 1-bedroom units, and 1/3 would be 2-bedroom units. Y Page 6 Zoning and Vacation Committee January 28, 1991 Council Member Luecke noted that the Bill would have to be amended to show a "B" heightened area, since that is what was acted upon at the Area Plan Commission. Council Member Zakrzewski questioned what the proposed rental would be. It was noted that 1-bedrooms would rent for $425. 00 per month, and 2-bedrooms would rent for $500. 00 per month. The project would be similar the the Indian Lakes Development. Council Member Zakrzewski stated that this is an exciting development, and hoped that there would be additional development from this Company. Mr. James Cook stated that the Edward Rose Properties, Inc. , builds out of their own accounts and that the City was very fortunate to have such a quality developer coming to the City. Council Member Ladewski questioned whether the development would be within the Flight Plan of the airport. The developers were uncertain and advised the Council that they would have a specific response at this evening's meeting. Council Member Soderberg inquired as to the type of construction materials that would be used. Following further discussion, Council Member Coleman made a motion seconded by Council Member Zakrzewski that Bill No. 101-90 be recommended favorably to Council. The motion passed. Council Member Slavinskas noted that the Petitioner of Bill No. 102-90 has requested that the Bill be continued until the February 11th meeting of the Common Council. There being no further business to come before the Committee, the meeting was adjourned at 6: 07 p.m. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Vacation Committee