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HomeMy WebLinkAbout06-23-97 Zoning & Annexation Commftttt *ttport: Zoning and Annexation Committee go tit Common tountfl ot tit 1CItp ot mouth Otti*: The June 23, 1997 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member John Hosinski at 3:35 p.m. in the Council informal meeting room. Persons in attendance included Council Members: Aranowski, Pfeifer, Kelly, Broden, Varner, Ujdak, Coleman, Hosinski, Sniadecki; Roosevelt Cobb, Jim Voll, Kevin Butler, Carrie Bland, Doug Carpenter, Donald Steele, Evelyn Steele, Kent Hill, Cheryl Kovas, Robert Leader, Mike Gilbert, Elizabeth Gilbert, Dorothy Leader, Eleanor Burke, Jackie Rolkey, Greg Freehauf, George Weber, Barb Pollak, Gloria Reinke, Terry Bland, Greg Freehoft,and Kathleen Cekanski-Farrand. Council Member Hosinski noted that the first item on the agenda was a bill requesting that the property located at 2117 East Jefferson be rezoned. Mr. James Voll showed a to P P Y the Council plan of the area in question. The Area Plan Staff sends it to e wpreliminary site p q ith an unfavorable recommendation. The Area Plan Commission sends it to the Council without recommendation since it received a 6-5 vote at the Plan Commission meeting which constitute a proper vote for action. not consti did P Pte' The etitioner, Roosevelt Cobb made the presentation. Mr. Cobb stated that the overall consideration for the proposed rezoning is the consistency of use. He then focused on traffic, parking, and lighting concerns. He noted that he will need a special exception in order to operate as a funeral home at that location. He stated that he would retain the residential appearance structurally. He also noted that the mature trees would stay. With regard to the issue of the intensity of use,he stated that he believes there would be no basic change. He then reviewed funeral statistics from May 1997 in St. Joseph County. He noted that there were 168 total services of which 49 within funeral homes or 29%. He projects that there would be approximately 100 services at that location per year. Mr. Cobb then reviewed traffic concerns and reviewed statistics from 1995 to 1997 with regard to accidents at Jefferson and Ironwood. Mr. Cobb then showed a series of slides depicting the parking under its current use as a church. He noted that the property was built in 1922. The church plans to vacate the property within approximately 60 days. He stated that he would like to move to this area from the state of Illinois and also live near this location. He then asked Jackie Rolkey from the Hickey Group to give further information. She noted that she is the Realtor for the property in question which has been listed for the past two years. All individuals interested in the property are interested in it as a commercial use. The meeting was then open to comments from the public. Mr. Kevin Butler, an attorney representing remonstraters to the rezoning then made a presentation. He stated that a "Church is a church" and not a business. He stated that a funeral home is a business. He noted that the Forest G. Hays Funeral Home is not part of the specific neighborhood and that the proposed use is not compatible with "A" residential uses. A series of neighbors then spoke in opposition to the proposed rezoning. Many stated that they believed that if it is approved it would be setting a foughtful legal precedent. Zoning and Annexation Committee June 23, 1997 Page 2 Mr.Hill,a local attorney stated that corner lots are prime property for commercial ventures however, he is concerned with regard to students going and returning home from St. Anthony's. He stated that he has studied the intersection for the past four to six years and sees that the accident rate is going up. Mr. Gilbert who owns a double lot in the area stated that the proposed rezoning would devalue property if rezoned. Mrs. Reinke stated concern over a potential dominoe effect if the rezoning is granted. Council Member Varner noted that the property on the northeast corner directly across from the church is currently zoned A residential. He also noted that the properties next to Kohl's Associates were denied there request for rezoning in 1991 and 1992. Council Member Broden,the District Councilman for the area spoke in opposition to the proposed rezoning. Council President Kelly noted that this is a difficult decision and n d complimented the petitioner the doing extensive research with regard to his rezoning request. The Council President further noted that in 1991 and 1992 he voted in opposition to the change in residential use and would do so again tonight. Doug Carpenter a citizen member of the committee stated that the property should remain residential. He also recommended that churches, because of their changing uses, should be considered for stricter regulations by the Area Plan Commission. Council Member Broden noted that he spoke with Mr. Cobb on several occasions and was gratified that he has chosen South Bend for his business location. He stated that he continues to have overwhelming concerns with regard to the deleterious effect involving the significant change in use,the major vs. minor concerns with regard to site plan conditions, and equal protection claim,and the dominoe effect. He pledged to work with Mr. Cobb so that he could locate somewhere within the city limits. Following further discussion, Council Member Broden made a motion seconded bey Council Member Varner that Bill No. 28-97 be unfavorably recommended to the Council. The motion passed. Council Member Hosinski stated that he believes that Mr. Cobb made a very effective, thorough intermained presentation to the committee,and thanked him for their presentation. He further noted that he had received numerous telephone calls and letters in opposition to the proposed rezoning. The committee then reviewed Substitute Bill No. 45-97 which would amend the zoning ordinance for the property located on both sides of East Jefferson Blvd. between St. Peter and Eddy Streets. Mr. Voll noted that this received a favorably recommendation from both the Plan and the Staff of Area Plan. Following discussion,Council Member Varner made motion seconded by Council Member Pfeifer that Substitute Bill No. 45-97 be recommended favorably to Council. The motion passed. • Zoning and Annexation Committee July 28, 1997 Page 3 The committee then reviewed Bill No. 43-97 which is a zoning request change for the property located at 1881 North Ireland Rd. Mr. Voll noted that the proposed rezoning received a favorable recommendation from both the staff and commission. It was noted that the rezoning is necessary in light of the recent annexation into the city. Mr. Greg Freehoft and Mr. George Weber spoke in favor of the proposed rezoning. Following further discussion,Council Member Varner made a motion seconded by citizen member Doug Carpenter that Bill No. 43-97 be recommended favorably to Council. The motion passed. There being no further business to come before the committee,the meeting was adjourned at 4:40 p.m. Respectfully submitted, John Broden, Chairperson Zoning and Annexation Committee Attachments •