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HomeMy WebLinkAbout11-14-94 Zoning & Annexation tommtttuu Ztport: Zoning and Annexation Committee �0 t jt common tountiX of Ott E tv of bouth en : The November 14, 1994 meeting of the Zoning and Annexation 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: Luecke, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda and Ladewski; John Borni, Ann Kolata, Mike Thielke, David Duval, Donald Cormical, Gary Libbey, Ken Fedder, Don Porter, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that the first item on the agenda was to review Bill No.91-94 which would establish 310 West Monroe Street as a Historic Landmark. Mr.David Duval director of Historic Preservation made the presentation.He noted that the structure in question is architecturally significant and depicts African American community heritage. Currently the Zion Hill Baptist Church is the tenant of the building with the City of South Bend owning the structure. Mr. Borni noted that the Area Plan Staff had no basic problems with the proposed designation. Ann Kolata voiced concern with regard to the proposed designation. She noted that she had spoken with Pastor Robert H. Derrickson who was ill today but is the Pastor of the Congregation. She stated that he sent to the Historic Preservation Commission a letter dated September 18, 1994 (attached) in opposition to the proposed designation. She noted that they are opposed because the designation would adversely effect the purchase price. She asked that the Committee either turn down or continue the Ordinance. She also indicated the the Redevelopment Commission is the property owner. Mr. Duval noted that the Area Plan Commission received the letter from Pastor Derrickson the day of the Hearing but did not honor the letter. He stated that neither the Church nor the Redevelopment Commission sent any representatives to the Historic Preservation Hearing. In response to a question raised by Council Member Luecke, Mr. Duval noted that he had no conversation with the Pastor since receipt of the letter. Council Member Luecke stated that he would prefer if the congregation would be in favor of the proposed designation. It was noted that the Lutheran Church on Miami currently has historic status. Ann Kolata noted that Rev. Derrickson voiced concern with regard to church and state matters. In response to a question raised by Council Member Ladewski, Mrs. Kolata noted that the Commission has no intention of tearing the structure down. Council Member Duda suggested that a meeting of the Redevelopment Commission,the Historic Preservation Commission, and the Church take place before the Council take any formal action. Committee Report Zoning and Annexation November 14, 1994 Page 2 Council Member Slavinskas requested that survey card information should be sent to the entire Council. Mr.Oxian stated that information was filed with the City Clerk with regard to structural reports and areal maps. As Chairperson, Council Member Slavinskas stated that he would follow up on that information to see why it was not included in the packet. Council Member Coleman apologized for not being able to attend the prior Historic Preservation update.He noted that he always concerned about the upkeep maintenance and repair costs especially when a non-for-profit entity is involved.He believes that such items should not create a financial hardship for such organizations. He also questioned whether there were any low interest loans programs for such properties which receive landmark status designation. Mr. Duval noted that local banks often help homeowners or those owners o f buildings uildin s which are listed on the National Resister however was unaware of any County sponsored program. Following further discussion, Council member Duda made a motion, seconded by Council Member Zakrzewski that Bill No. 91-94 be continued until the December 19, 1994 meeting of the Common Council and that the three groups namely the Redevelopment Commission,the Historic Preservation Commission, and the Church meet prior to that date to see if they can work out their differences. The motion passed. The Committee then reviewed Substitute Bill No. 89-94 which address wagering facilities as a special exception and seek Marshall and"D"light industrial zoning districts. Mr. John Borth noted that the Substitute Bill received a favorable recommendation from the Area Plan Commission. He then briefly reviewed the Bill. Council Member Luecke,the sponsor of the Bill,noted that on May 9, 1989 a new state law took effect addressing certain types of wagering within the State of Indiana. He noted that the state law did not permit municipalities to have as much input and control as it did on Riverboat Gambling through a referendum.He therefore believes that the substitute Bill is the best action which the City can take since an outright ban of such wagering activities would not be permissible. He noted that originally when discussion took place on this topic that a specific zoning district was considered however the substitute Bill sets forth the final proposal.He thanked the staff of the Area Plan Commission and the Council Attorney for their input and guidance on topic. He requested discussion specifically on whether the Downtown and the Eastbank could have facilities of this type located therein and noted the parking exceptions.He stated that overall he believes that this is appropriate legislation which best protects the interests of the residents and is good land use planning. Council President Puzzello noted that parking is an exception in the Eastbank and the Downtown district and voiced concern with regard to allowing such uses in these areas. Council Member Luecke stated that he would be willing to negotiate on this topic. • r Committee Report Zoning and Annexation November 14, 1994 Page 3 Ann Kolata voiced concern of such an inclusion and questioned whether the Center City Associates or the Downtown Business Association were contacted. It was noted that they were not directly contacted and that state law currently regulates where establishments which serve liquor can be located with regard to churches and schools and the proximity to each of them. Ann Kolata also noted that A-3 is currently getting more residential in nature and that the protection aspect is very important. Council Member Luecke stated that the essential question is whether they can be located within 500 feet of an A-3 mixed use. Following further discussion , Council Member Duda made a motion, seconded by Council Member Slavinskas that in section 21- 117.06 e that the Multi- Family at t e words "except the A-3 mixed use Multi Famil Residential and Y Commercial District"be deleted.The motion passed. Council Member Slavinskas stated that the overall Bill is well thought out and that he would support it. He stressed however that his support of the Bill should not be construed as supporting off-track betting. Following further discussion, Council Member Slavinskas made a motion, seconded by Council Member Duda that substitute Bill No. 89-94 as amended be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 87-94 which is a zoning request for the property located at 2610 Prairie Ave. Mr. Borni noted that it received a favorable recommendation from the Area Plan Commission. Mr. Ken Fedder the Attorney for the Petitioner made the presentation. He noted that Bruno's the petitioner is required to provide 179 spaces and that 183 spaces have been provided per the site plan.Fencing would be consistent with local requirements. Mr. Gary Libbey then read a letter written by Kathy Dempsey stating that maintenance of the property was acceptable at this time. In response to a question raised by Council Member Zakrzewski Mr. Fedder stated that if the need arises that parallel parking along the driveway would be utilized. Mr Borni noted that this could be addressed by the final site plan however based on the review of the site plan parking was not provided in the driveway and therefore would be a violation. Mr. Fedder stated that he would contact the Land Surveyor and report back to the Council this evening. Council Member Slavinskas stated that without using the driveway parallel parking the Petitioner shows 183 parking spaces. Mr. Fedder again stated that he would contact Mr.Dansch on this issue. Council Member Zakrzewski asked questions with regard to required screening and voiced safety considerations,traffic and noise considerations. • Committee Report Zoning and Annexation November 14, 1994 Page 4 There were no persons to speak in favor of the proposed rezoning. Mr. Mike Theilke spoke in opposition. He noted that his home is located 34 inches from the property boundary.He has a chain-link between the two uses. Mr.Fedder stated that when his client is required to put up fencing that they will not touch any of Mr. Theilke's fencing. The property owner also indicated that there is a dispute over the property line and Council Member Slavinskas stated that that is a private dispute that will not be addressed by the Common Council. The property owner also voiced concern with regard to 3 spaces marked for carry-out which he believes are to close to his house. He noted that they are 20 feet from his bedroom. He also voiced concern with regard to the fencing proposed by the Petitioner. Mr. Donald Cormical of 2637 Prairie also spoke against the proposed rezoning. Council Member Ladewski recommended that if he ever does see rats in the area again the he report them to the Board of Health. Council Member Coleman noted that since the building is already operating as a functional use that it would not effect the value of Mr. Cormical's property. Council Member Coleman also stated that the rezoning would attempt to address better and improved ingress and egress to the property in question. Mr. Fedder stated that he came before the Common Council approximately 2 years ago with several problems and that tonight he hopes that with the passage of the rezoning request that he and his client would be able to address these problems properly.Without the rezoning his client unable to receive a building permit. Following further discussion,Council Member Duda made a motion, seconded by Council Member Slavinskas that substitute Bill No. 87-94 be recommended favorably to Council. The motion passed with Council Members Puzzello,Duda, and Slavinskas in the majority and Council Member Zakrzewski, abstaining. There being no further business to come before the Committee the meeting was adjourned at 5:55 P.M. Respectfully submitted, Council Member Lee Slavinskas, Chairperson Zoning and Annexation Committee •