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HomeMy WebLinkAbout01-12-98 Zoning & Annexation atommftt*s Ztport: Zoning and Annexation Committee to tbt Common Council of the tit1 of e•outb �nb: The January 12, 1998 meeting of the Zoning and Annexation Committee was called to order by Council Member Vice Chairperson Council Member John Broden at 3:30 p.m. in the Council informal meeting room. Persons in attendance included Council Members: Aranowski, Broden, Pfeifer, Kelly, Varner, Ujdak and Coleman; Ann Kolata, Martha Lewis, Ms. Fritz, Mr. Spielman, Jon Hunt, Mike Danch, John Byorni, Dean Carlson, John Oxian, James Voll, Terry Bland, Mike Finkler Ann-Carol Simons, Don Fozo, Kathy Dempsey, Robert Henry, Larry Magliozzi and Kathleen Cekanski-Farrand. Council Member Broden noted that the first item on the agenda was to review Bill No. 123- 97 which is an ordinance annexing into the city of South Bend certain property in German Township commonly known as the Wal-Mart Portage annexation. Mr. Larry Magliozzi noted that there are three voluntary annexations before the Common Council this evening. Resolutions No. 98-3, 98-4 and 98-5 are all voluntary annexations each addressing the written fiscal plan which is necessary to acted on prior to the actual ordinance. He further noted that this area would annex property into the first district. He then introduced Mr.Dean Carlson,the Wal-Mart Civil Engineer to give further details. He noted that this would be a super center of 200,000 sq. ft. They are currently in the process of preparing site development plans in light of the rolling topography. In response to question it was noted that the property in question of the voluntary annexation constitutes 12.2 acres. Mr. John Oxian spoke against the proposed rezoning and prefers that this area be light industrial. The Council Attorney noted in comparing the fiscal plan addressed in 98-3 to Bill No. 123-97 there is a discrepancy in acreage. One listing 12.2 acres and the other listing 13.7. Mr. Magliozzi noted that it should be 12.2. The Council Attorney requested that a Substitute Bill be prepared to make that correction. Council Member Pfeifer voiced concerns similar to Mr. Oxian with regard to how such a super center would effect existing commercial centers such as K-mart and Krogers on Ardmore Trail. She would prefer location where Target used to be. Council Member Coleman noted that approximately 10 years ago there was no development in this area. He hoped that there would be a proper balance between new commercial development and existing development for neighborhoods. Council Member Broden noted that he shares similar concerns to those of Council Member Pfeifer,however would support the proposed annexation. Following further discussion, Council Member Varner made a motion, seconded by Council Member Hosinski, that Bill No. 123-97 with the proposed amendments to incorporate a 12.2 acreage amount be recommended favorably to Council. The motion passed by a 3-1 vote with Council Member Pfeifer voting against the proposed measure. Zoning and Annexation January 12, 1998 Page 2 At this point Council Member Hosinski joined the committee and chaired the Committee meeting. The next item on the agenda was Bill No. 124-97 which is the voluntary annexation of property in German Township commonly know as the Warren and Aletha Ashley Petition. Mr.Mike Danch made the presentation on behalf of the petitioner. He noted that this is a voluntary annexation involving 10.24 acres which would become part of the first district. He noted that it is proposed as five acres of residential constituting 40 residential lots with the the South end being delightindustrial. Council Member Varner suggested that Section three of the ordinance include the words "first district". Following further discussion, Council Member Broden made a motion, seconded by Council Member Pfeifer that Bill No. 124-97 as amended be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 125-97 which is a voluntary annexation for property in German Township commonly known as the Meadow Wood Limited Partnership II Petition. Mr. Mike Danch made the presentation. He noted that 16.8 acres is involved. This would be an extension of the existing subdivision and would have 70 lots as part of phase two. It would become a part of the first district. It was also noted that there would be a slight buffer of trees between Portage and Brick roads. Council Member Varner again suggested that Section three also be amended to include the first district. Following discussion, Council Member Varner made a motion, seconded by Council Member Broden,that Bill No. 124-97 as amended be recommended favorably to Council. The motion passed. Council Member Hosinski noted that the next item on the agenda was to review Bill No. 110-97 which is a proposed zoning ordinance for the property located at 3019 South Michigan Street. Mr. James Voll of the Area Plan Staff noted that it received both a favorable recommendation from the staff and the commission. It is a request to rezone the existing house. Mr.Mike Finkler,the realtor for the sellers made a further presentation. He noted that the house is currently vacant and is requesting the rezoning on behalf of the proposed owner Mr.Jerry Ivacic. In response to a question raised by Council Member Ujdak,it was noted that the southwest corner of the lot would be used for parking. It is anticipated that employees would only be there on Monday's and would be out on their task the rest of the work week. It was further noted that there would be no parking on Michigan. Following further discussion,Council Member Pfeifer made a motion seconded by Council Member Varner that Bill No. 110-97 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 112-97 which is a zoning request for the properties located at 1012 and 1014 Western Avenue and 403, 411, 415, 419, 421 and 425 Perry Street. Mr. James Voll of the Area Plan Staff noted that this is a Substitute Bill which eliminates several properties. He further noted that it received a favorable recommendation Zoning and Annexation January 12, 1998 Page 3 from both the staff and the commission. Mr.Mike Danch then made a further presentation on behalf of the petitioner Mr. Robert Henry. He noted that a 6 foot fence would be utilized for screening. Mr. Robert Henry noted that the business began in 1974 with two employees and now has over 154 employees. Several properties have been owned by the corporation for the past five years. He noted that the week of Thanksgiving that 12 of the vehicles were vandalized and that security would be improved with the sensing requirements. In response to a question raised by Council Member,he stated that he would install a 8 foot fence if necessary. Council Member Kelly noted that Mr. Henry and his corporation have been a good corporate citizens and spoke in favor of the proposed rezoning. During the public portion Martha Lewis spoke against the proposed rezoning. She noted that she owns property on Francis Street and is concerned over how the properties are currently being maintained. Ms.Fritz who lives on Quimby Street spoke against the proposed rezoning. She noted that the office building itself is fine, however is concerned about emergency vehicles having access in light of the old railroad right of way being vacated. Mr.Henry stated that there was no alley that was ever abandoned and that he had no plans to reconfigure the abandoned right of way area. Mr. Spielman who lives at 1010 Quimby no longer has access to his garage. He also spoke against of the proposed in light of how the properties are being maintained. Council Member Hosinski cognizant of the concerns raised by Ms. Fritz and Mr. Spielman noted that those issues are not before the Common Council. The Council Attorney further noted that if the Common Council would approve the proposed rezoning this evening that it would be subject to a final site plan. She further emphasized that it would address many of the reorganization concerns and would require adequate screening. Mr.John Oxian questioned which parcels would be removed from the proposed petition in light of the fact that there is a historic home in the area. Mr. Yoll then conferred on the exact parcels. Ann-Carol Simons, Assistant City Attorney noted that the City of South Bend has several concerns with regard to storage and environmental violations. She recommended that concrete be required instead of gravel and showed pictures of the storage areas. Mr.Don Fozo noted that the code does not require either gravel or concrete for the storage of vehicles. In rebuttal the petitioners stated that they are not required to putting concrete and if required to do so when a building would be requested at a later point in time additional costs would be incurred to remove such concrete. Zoning and Annexation January 12, 1998 Page 4 Council Member Broden,the District Council Member,noted that the neighborhood may indeed be in transition,however he is against the proposed rezoning. He believes that there is viability to the residential character of the neighborhood. Council President Coleman stated that this zoning request allows the Common Council to provide a proper balance between the neighborhood being residential and commercial. He believes that the final site plan would control many of the concerns raised today. Council Member Pfeifer believes that the Corporation has not been a good neighbor and could not support the proposed rezoning. Council Member Varner noted that he has been a resident of South Bend his entire life. He stated that if indeed the rezoning is to allow Mr. Henry the opportunity to make improvements that this should constitute an improvement to the overall area. Council Member Hosinski stated that the screening should improve many of the concerns. He noted that the railroad right of way is beyond the jurisdiction of the Common Council. He also noted that the final site plan would control many of the concerns. He directed a question to Kathy Dempsey who noted that there are currently code violations being investigated and that that was the proper avenue for those concerns. Following further discussion,Council Member Varner made a motion seconded by Council Member Hosinski that Substitute Bill No. 112-97 be recommend favorable to Council. The motion was deadlocked at a two-two vote. Pursuant to Council procedures the Council President then cast the tie breaking vote with Council President Coleman voting in favor of the proposed rezoning. The Committee then reviewed Bill No. 115-97 which would amend Chapter 21, Article 7, Section 21-128 of the South Bend Municipal Code. Mr.James Voll of the Area Plan Staff noted that this would be a stream lining measure. He noted that both the staff and the commission sends the proposed bill to the Common Council with favorable recommendations. Mr.Hosinski,the author of the bill made the presentation. It was noted that this is similar to a procedure utilized in the city of Mishawaka which is proven to be much more effective. Following discussion, Council Member Broden made a motion seconded by Council Member Pfeifer that Bill No. 115-97 be recommended favorably to Council. The motion passed. Mr.James Voll then provided an updated with regard to proposed zoning regulations being prepared for an industrial park district near Blackthorne Golf Course. It would require more extensive screening and landscaping. It should be before the Area Plan Commission on February 17 and before the Common Council in March. Council Member Broden asked for a copy of the draft. Under miscellaneous business, Council Member Varner voiced concern with regard to overall standards. He noted that Mr.Henry's corporation is an established corporation and that the rezoning should act as a benefit to all of the neighborhoods to allow his corporation to get better organized. Council Member Pfeifer stated that there is a need for everyone to Zoning and Annexation January 12, 1998 Page 5 work together when there are competing zoning uses. Council Member Hosinski stated that the proposed rezoning is to improve the overall area. Council Member Pfeifer agreed that this should not be unrealistic standards but believes that the overall spirit of the law should be followed. In response to a suggestion raised by Council Member Varner that a letter be sent from the committee, Council Member Hosinski said that he would be glad to sign such a letter. Council Member Kelly noted that Mr. Kelly and his corporation have been good corporate clients however,he was surprised over the pictures shown to the committee. Following further discussion,the meeting was adjourned at 5:00 p.m. Respectfully submitted, Council Member John Hosinski,Chairperson Zoning and Annexation Committee attachments