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HomeMy WebLinkAbout09-13-93 Zoning & Vacation f ZONING AND VACATION COMMITTEE The September 13, 1993, meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 5:00 p.m. in the Council Informal Meeting Room. Persons in attendance included Council Members: Luecke, Washington, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski; Joyce Boyler, John Leszczynski, Ralph Komasinski, Gene J. Oakley, Jim Ciorzniak, Vince Peterson, John Byorni, Philip A. Wilmes, Judith L. Overmyer, Jo Blacketor, John Oxian, members of the News Media and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda, namely Bill No. 45-93, a rezoning request for the property located at 53500 Olive Road has been requested by the Petitionerto be continued for thirty (30) days. (Copy of September 13 , 1993, letter from Attorney Morgan attached) The next item on the agenda was Bill No. 64-93 which is a Historic Landmark request for the properties located at 231 South Eddy, 1027 East Wayne and 1029 East Wayne. Mr. John Oxian made the presentation. Mr Oxian noted that the property located at 231 South Eddy is privately owned and represents the Dutch Colonial Revival period. He then reviewed the Indiana Historic Sites and Structures inventory. (Copy attached) Mr. Oxian then reviewed the Indiana Historic Sites and Structures inventory for 1029 East Wayne which is also Dutch Colonial in architecture. (Copy attached) Mr. Oxian then reviewed the Indiana Historic Sites and Structures inventory for the property located at 1027 East Wayne and noted that it is Prairie style and was built in 1912 . Council Member Slavinskas noted that the Area Plan Commission staff reviewed the proposed designation and found that there would be no improvements that would conflict with the designation for all three (3) properties as historic landmarks. Joyce Boyler questioned whether the owners of the houses agree with the proposed designation. Mr. Oxian noted that agreement is not necessary. • Zoning and Vacation Committee September 13, 1993 Page 2 Following discussion, Council Member Puzzello made a motion, seconded by Council President Luecke, that Bill No. 64-93 be recommended favorably to Council. The motion passed. Council Member Slavinskas then noted that the next item on the agenda was Bill No. 71-93 which is a vacation request for the properties commonly known as Calvert Street and public ways contiguous to or in the vicinity of the current Riley High School. Mr. Ralph Komasinski Deputy Superintendent of the South Bend Community School Corporation made the presentation. He noted that approximately one year ago the Board of School Trustees voted by a 6 to 1 margin to build at the Riley High School site. This was reaffirmed in November of 1992 by the same vote. He noted that in April of 1993 the vote of the Board was 5 to 2 to acquire additional properties as deemed necessary. The School Corporation has received preliminary approval from the State to move forward. Mr. Komasinski noted that the first block of twenty (20) parcels has been purchased and a second block of thirty-four (34) parcels has been authorized to proceed to purchase, and that the School Corporation is currently in that process. Mr. Komasinski, with the aid of maps depicting the legal descriptions set forth in Bill No. 71-93 as Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, and Exhibit F, then reviewed each of the maps depicting these areas and the public ways which would be vacated if the Council acted favorably on the Bill. Mr. Komasinski noted that notice required by State Law had been sent to all of the individuals or entities listed in Section III. of Bill 71-93 . (Copy attached of August 26, 1993 notice) Mr. Komasinski further noted that the proposed vacation is necessary in order to support the construction of a new Riley High School. The proposed vacation of the enumerated streets and alleyways would enable the School Corporation to: 1. provide a contiguous campus arrangement with the new Riley High School building in a designed layout of athletic and recreational facilities (color copy of depiction of area attached) ; 2 . it would provide students with safe access to the athletic/recreational facilities; • Zoning and Vacation Committee September 13, 1993 Page 3 3 . it would provide setback from the street and would allow for the :reconfiguration of the building footprint to the north of the existing track facility; 4 . it would remove the building from the Bowman Creek flood plain which would provide fewer construction relatedproblems and would reduce the probable cost of such construction; 5. it would allow the shifting of the athletic/recreational facilities with the Studebaker Park to the south and the west; 6. it would enhance the green space (playground areas) to Studebaker Elementary School; and 7. would provide additional offstreet parking adjacent to the building. Mr. Komasinski noted that the Board of Public Works, prior to making its' favorable recommendation to the Common Council, requested a traffic impact analysis which was prepared by Cole Associates, Inc. , (a copy of which was provided to each Council Member prior to the Committee Meeting) . Mr. Komasinski noted that currently there is a problem with regard to dropping off and picking up of students as well as parking in the Riley High School area. He stated with the proposed vacation that these problems would be corrected. He further noted that there would be a hearing on the formal lease later this month by the Board of School Trustees. Mr. Komasinski emphasized that the Board of School Trustees have made a clear statement to stay within the City of South Bend. Of the Corporation's thirty-five (35) buildings, many are within the city limits and the Board believes there should be a strong commitment to stay within the Riley site. Mr. John Leszczynski noted that the Board of Public Works reviewed the proposed vacation and sends the Bill to the Common Council with a favorable recommendation. He also acknowledged that the Cole report had been provided to the Common Council. Mr. Komasinski stressed that the report to the Common Council from the Board of Public Works dated September 8, 1993, was the technical review by each of the required • Zoning and Vacation Committee September 13, 1993 Page 4 departments and bureaus of the City. He noted that the following sent favorable reports to the Council: 1. Department of Community and Economic Development, favorable, dated September 2, 1993 ; 2 . Department of Public Works, favorable, dated September 3, 1993 3 . Police Department, favorable, dated August 30, 1993 4 . Fire Department, favorable, dated September 2, 1993, with a request that the Department have access to all structures prior" to relocation or demolition; 5. Area Plan staff, favorable, dated September 3, 1993 , with detailed information per letter attached. In response to a question raised by Council Member Slavinskas, Mr. Komasinski noted that if the Council found that all of the State Law and local ordinance provisions were met with regard to the proposed vacation, that he would not object to a contingency clause being added requiring final approval by the State Tax Commissioners. Council Member Washington spoke in favor of such a clause so long as all of, the vacation requirements had been satisfied first. Council Member Slavinskas stated that in his opinion he believes that all of the vacation criteria have been met and that that conclusion is substantiated by the recommendation of the Board of Public Works and all of the Boards and Bureaus reporting to the Board of Public Works. In response to a question to the Council Attorney, she noted that under the "home rule" powers of Indiana Law, the Council could consider such a contingency so long as the primary provisions of the vacation procedures have been met, with any contingency being subordinate thereto. Council Member Slavinskas noted other vacations passed by the Common Council which met this criteria whereby once the vacation's provisions were satisfied that additional conditions were added to a proposed Bill to provide further protections. Following further discussion, Council Member Slavinskas made a motion, seconded by Council Member Washington, that the Bill for discussion purposes be amended to include such a contingency clause. The motion passed. • Zonong and Vacation Committee September 13, 1993 Page 5 Council Member Slavinskas then asked if there was anyone who wished to speak in favor of the Bill. Mr. Philip Wilmes voiced concern with regard to the Riley High School project. Mr. John Byorni of the Area Plan staff noted the staff's recommendation of September 3 , 1993 (copy attached) . Council Member Slavinskas then asked if there was anyone present to speak in opposition to the proposed Bill. Mr. Gene Oakley stated that he believes that the petition is legally flawed and spoke against the proposed vacation. Mr. Vince Peterson stated that the Council should weigh what is best for the entire City. Jo Blacketor voiced concern with regard to the message that would be sent to the public if the Council moves forward on the proposed vacation. She stated that she believes it would violate, due process. She also voiced parking concerns. The Council Attorney noted that the Council and the public should keep in mind that the decisions to made this evening deal with whether the provisions of Title 36 of the Indiana Code addressing the vacation of public ways have been met by the Petitioner. She added that remonstrators to any vacation of a public way must show that: 1. that vacation would hinder the growth of orderly development in which it is located or to which it is contiguous; 2 . that the vacation would make access to lands of aggrieved persons by public way either difficult or inconvenient; 3 . that the vacation would hinder the public's access to a church, school, or other public place or building; 4 . the vacation would hinder the use of a public way by the neighborhood in which it is located or contiguous. The Council Attorney concluded that the decisions made by the Board of School Trustees are separate and distinct from the decision to be made by the South Bend Common Council on the proposed vacation. • Zoning and Vacation Committee September 13 , 1993 Page 6 Judith Overmyer questioned the cost of the projected $800, 000. 00 to widen Fellows Street which is addressed in the Cole report. She also voiced concern with regard to the trees on Ewing. Council Member Ladewski questioned Mr. Lesczcynski, the City Engineer, with regard to this concern. Mr. Lesczcynski stated that there are no plans to widen Fellows at this time. In response to a question raised by Council Member Puzzello, it was also noted that there would not be a problem with regard to trash pickup as reviewed and concluded by Mr. Lesczcynski's department. Following further discussion, Council Member Puzzello made a motion, seconded by Council President Luecke, that Bill No. 71-93 as to be amended be sent to the full Council without recommendation. The motion passed with Council Member Washington abstaining. Council Member Coleman stated that he will be opposing the proposed vacation at this evenings meeting. There being no further business to come before the Committee, the meeting was adjourned at 6: 05 p.m. Respectfully submitted, Council Member Lee Slavinskas Chairperson, Zoning and Vacation Committee attachments •