Loading...
HomeMy WebLinkAbout10-09-00 Zoning & Annexation Committ¢t *oat: Zoning anb linntxation eommitt*e The October 9, 2000 meeting of the Zoning and Annexation Committee was called to order by its Chairperson,Council Member Karen L. White at 3:30 p.m. In the Council Informal Meeting room. Persons in attendance included Council Members Aranowski, Pfeifer, Kelly, King, Varner, Ujdak,Kirsits, Coleman and White; Area Plan Assistant Director John Byorni, Building Commissioner Don Fozo, Michael Danch, Archie J. Bradford, Sarah Wilkins Zovrich, Patti Tarbet,Bev Tiegarden,Biane Stover, Cheryl Wibbins,Joseph Iaschetta, Roland Hughes,Timothy Wilson, Mary Ehler, Bruce Bancroft, Philip A. Newbold, Daniel E. Neufelder, Ted Foti, Carl Ellison, Rick Lowrance, Gladys Muhammad, Bartholomew J. Timm, Timm Scott, Linda Fritschuner, Karen Ainsley, Barbara Delen, Rita Dargis, Mark Clark, Suzanne Bullock, Nancy E. Doyle, Cathy Emmel, M. Jean Cook, Susan Youens, Kolin Hodgson, Marialyee Riedle, Allyson M. Hinds, Gabrielle Robinson, Barbara Czarnecki, Mike Keen, Wayne Doolittle, Wendy Hurley, Any Jones, Beth Kern, Dave Radzwick, Shannon Brewster, Thomas Euler, Heidi Payton, Todd Payton, Rosalind Clark, Ali Henderson, Don Chapman, Jan Slalay, Christine O'Brien, Mary Halitill, Scott Thomas, M.D., Robert Synder, Terry Bland of the 'outh UD ltrihttng, and Kathleen Cekanski-Farrand, Council Attorney. Council Member White welcomed everyone to the Committee meeting. She noted that the members of the Zoning and Annexation Committee include: Council Members Coleman, Varner and herself as Chairperson. She requested all individuals to sign the attendance pad which lists the name and address of persons attending today's Committee meeting. (copy attached). Council Member White noted that Bill No. 47-00 which is a proposed annexation in Centre Township has been requested to be continued until the November 13th Council meeting. Chairperson White then stated that a letter dated October 4th from Matthew E. Mangold has been received requesting that Bill No. 66-00 regarding a proposed rezoning for 345-347 Lincoln Way West be continued until the November 13th Council Meeting. Chairperson White noted that a letter dated October 9th from Michael D. Hardy has been received requesting that Bill No. 67-00 regarding the proposed rezoning of the South Bend Medical Foundation be continued until the October 23rd Council meeting. The Committee then reviewed Bill No. 69-00 which is a rezoning request for the property located at 1904 and 1906 East Ireland Road. Mr. John Byorni, Assistant Director of Area Plan, noted that Bill No. 69-00 received a favorable recommendation from the Area Plan Commission(copy attached). Mr. Michael Danch of Danch, Harper & Associates, Inc. made the presentation. He presented a copy of the preliminary site plan and noted that the proposed project is adjacent to Dr. Varner's dental office on Ireland Road. The two (2) homes currently located on the site would be removed so that a Goodwill Industries building and parking lot can be built. Dr. Varner inquired whether the preliminary site plan would be subject to a final site plan, and was advised by Mr. Byorni that it would. Zoning and Annexation Committee October 9, 2000 Page 2 Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill No. 69-00 be recommended favorably to Council. The motion passed. Chairperson White then noted that the Council has received a letter from John Oxian, Acting Director of the Historic Preservation Commission, (copy attached) requesting that Bill No. 77-00 addressing a local landmark petition for the property located at 229 South William be continued until November 13th. Chairperson White further noted that a second letter from Mr. Oxian was received regarding Bill No. 10-00 regarding a proposed historic landmark designation for the property located at 3016 Portage Avenue and Bill No. 52-00 regarding a proposed historic landmark designation for the property located at 108 North Main Street(copy attached), requesting that both Bills be continued until the November 13th Council meeting. The Committee then reviewed Substitute Bill No. 71-00 which would amend Chapter 21 of the South Bend Municipal Code to allow the reconstruction of a non-conforming singe-family home. Mr. Byorni, Assistant Director of Area Plan, noted that this Bill was initiated by the Area Plan Commission. It would create procedures similar to those existing in St. Joseph County which would permit a person to rebuild a home when destroyed by fire or other disaster if it is destroyed by fifty percent(50%)or more. It would be limited to single-family reconstruction only. It received favorable recommendations from both the staff as well as the Area Plan Commission. Council Member Kelly noted that he had discussions with Mr. Fozo, Building Commissioner and the Area Plan Staff requesting that this Bill be drafted since current zoning regulations require a person to go through the entire rezoning process if their home is destroyed by fifty percent of more currently. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner,that Substitute Bill No. 71-00 be recommended favorably to Council. The motion passed. Chairperson White then noted that the next item before the Committee was Substitute Bill No. 00-113 which is a proposed resolution seeking the approval of a petition of the South Bend Board of Zoning Appeals for the property located at 615 North Michigan Street. Council Member Coleman noted for the record that he has a business relationship with the petitioner of Bill No. 00-113. He stated that he contacted both the City Attorney's Office and the Council Attorney, who each independently have concluded that Council Member Coleman does not have a substantial or material conflict of interest, and therefore may participate in the discussion and vote on Bill No. 00-113. Building Commissioner Don Fozo noted that the Board of Zoning Appeals had a public hearing on Bill No. 00-113 on September 21st and September 26th and send the proposed resolution to the Council with a favorable recommendation with the vote being 3-0. He further noted that a complete set of the transcript of the BZA minutes of those meetings has been provided to the Council Attorney(copy attached). Assistant Director John Byorni of Area Plan noted for the record that the Area Plan Commission office received the petition and proposed site plan on September 6, 2000 and that the Zoning and Annexation Committee October 9, 2000 Page 3 same was reviewed by the APC staff on September 11, 2000 pursuant to South Bend Municipal Code § 21-112(a) (1) (Copy attached). Mr. Bruce Bancroft, the attorney for the Petitioner, then made the presentation. He noted that he would be presenting at the regular Common Council meeting this evening a petition signed by more than 1,000 in favor of the proposed special exception. The special exception would permit Memorial Hospital to construct a helistop. A helistop would permit a medical helicopter to load and unload severely ill or injured individuals and support medical staff at a close proximity to the ER/Trauma Center; it would NOT permit the storage, maintenance or fueling on site. It is proposed for the sixth(6th) floor of the parking garage which would require the hospital to build a fifth and sixth floor with 150 new parking spaces being provided. The helistop would be on the north end of the sixth floor. Mr. Bancroft noted that the substitute version of Bill No. 00-113 was filed after discussions last week with the Council Attorney who requested various health and safety conditions added to Section IV of the proposed Bill. The substitute bill incorporates those suggestions which include: that the helipad would be used only for the transportation of severely ill patients and required support staff; that the helipad would be subject to all applicable South Bend Emergency Medical Services Committee guidelines; that the helipad would be used in accordance with all applicable EMS Rules and Regulations established by state law;and that the helipad would be subject to all applicable FAA rules and regulations. He further noted that the petitioner would also comply with the Hy Neighborly Program guidelines which the Council Attorney also requested, with these guidelines addressing voluntary noise abatement rules. Mr. Bancroft stated that the FAA approved the flight patterns on August 11, 2000, with all flight paths being established by the FAA. He noted that the FAA has the exclusive jurisdiction in the area of flight safety. Mr Bancroft noted that Mr. Robert Synder of BSA Design,of Indianapolis, Indiana, would be making a further presentation on behalf of the petitioner,Memorial Hospital. He then reviewed the regional site plan with the committee (copy attached). He noted that Mr. Synder is an architect and that the project has been studied for approximately two(2) years at a cost of over$ 100,000 to the hospital. He noted that the article in today's edition of the 'out1j Vettir ZrtbttttW was not totally accurate and reviewed the site plan and an architectural rendering of the hospital campus for the Committee. He noted that there would be noise associated with the helistop, however it would not be overly disruptive comparing the noise to that of a City bus. It was noted that the noise would be less than that of an ambulance with its emergency siren on. There would be an average of one(1) flight per day with 70 % of those flights anticipated to be in the daylight hours. The air ambulance with have excellent personnel and equipment with two (2) experienced nurses and one (1) experienced paramedic in addition to the pilot. The operation would be seven days a week, twenty-four hours a day once operational. Mr. Bancroft noted that for a city the size of South Bend, that we are behind in this area of medical service and that currently air service is required from Fort Wayne and Kalamazoo. He stated that the helistop would provide a valuable service to the entire community which would not be detrimental to the immediate surrounding neighborhood of the hospital. He noted that the proposed site is the only viable site and that action on Substitute Bill No. 00-113 should not be delayed. He concluded that the adoption of the resolution approving the special exception would save result in hundreds of lives being saved each year. Mr. Robert Synder of BSA Design then reviewed the six (6) options studied by his Zoning and Annexation Committee October 9, 2000 Page 4 company and the recommendations on each. He utilized the map and the architectural rendering when describing each. He noted the reasons why each site was eliminated: two (2) sites both of which were ground level sites were eliminated in light of their lack of proximity to the ER/Trauma area and snow and safety concerns; the 3rd site on the top of the Bartlett Street Garage being too far from the ER/Trauma center entrance;the 4th site on the top of 73 Building not being adequately designed for the load requirements and the heating, air conditioning, ventilating equipment and other mechanicals as well as satellite equipment currently being housed in this location and the fact that the elevator cab is not built to the standards required; and the 5th site namely the Centennial Building being initially the preferred site in March of 1999 however after reviewing the structural engineering reports concluded that the additional load requirements necessary would unduly disrupt the outpatient services , physicians, cardiac care services, etc currently housed in this building as well as the extremely high cost for these structural additions. The 6th location in the center of the garage was modified in light of the proposed addition of five (5) additional floors to the Medical Foundation Building which is now pending before the Council as a rezoning. If that construction is approved it would affect the flight pattern, thus the movement of the proposed helistop to the northern part of the parking garage is being proposed. Chairperson White then called upon the Council Attorney to summarize the guidelines involved in considering a zoning special exception. The Council Attorney noted that she has provided three (3) separate Memorandums to Council Members King and Varner, Council Member White and Council Member Ujdak(copies of the October 9th memorandums attached) which address various questions raised since Council Member King's Residential Neighborhoods Committee meeting when a demonstration of the medical air ambulance was presented along with a verbal presentation by the petitioner. She noted that the petitioner has the burden of proof this evening and that the BZA recommendation is advisory in nature. The proposed special exception filed pursuant to § 21-112 of the gout)) c ltmtctpai &Oct entitled "Exceptions to All Districts" is for an "airport", and that under § 21-111 of the C4bt,the Common Council must determine that: 1. "Public health,safety and welfare will not be adversely affected by the proposed use,and it will not be detrimental to adjacent properties or to the general neighborhood. 2. The proposed use will comply with all special regulations established by this division and with all special conditions and be in harmony with the general purpose and intent of this chapter and with the Comprehensive Plan of the City". The Council Attorney further noted that additionally the Council must be cognizant of the governing zoning and planning state law in this area which provides in part that the overall purpose of zoning matters should be "...to encourage unites to improve the health, safety,convenience, and welfare of their citizens and to plan for the future development of their communities..." as further addressed in Indiana Code § 36-7-4-201. She noted that at the request of Council Member Ujdak, Chairperson of the Health and Safety Committee, she proposed various health and public safety conditions to the petitioner last week most of which have been included in Section IV of the proposed substitute bill. Chairperson White then noted that in light of the fact that another Committee meeting is • Zoning and Annexation Committee October 9, 2000 Page 5 scheduled to begin at 4:30 p.m. that those members of the public who wish to speak in favor of the Substitute Bill No. 00-113 would be provided with ten(10) minutes and that those members of the public who wish to oppose the bill would also be provided with ten (10) minutes; reminding all present that an advisory recommendation by the Committee would be made only and that all persons would have an opportunity to address the Bill at the formal public hearing later this evening before the Common Council. Chairperson White selected Council Member Ujdak to be the time keeper for this portion of the meeting. Council Member Coleman suggested that if those in favor of the proposed Resolution do not use their entire amount of time that those in opposition be entitled to use any time remaining. Dr. Scott Thomas then spoke in favor of the substitute resolution. He noted that he specializes in trauma surgery. He stated that 38 of the 50 states have organized trauma surgery and that he is dedicated his medical career to have Indiana added. He stated that the helistop should be as close as possible to the ER/Trauma Center since it is the nerve center of the hospital. He stated that the service is critically needed and long overdue. Gladys Muhammad then spoke in favor. She noted that her mother was recently critically ill and needed to be taken to Indianapolis. She stated that they went by land and were very anxious in light of speed limits and vehicle delays. She urged the Council to adopt the measure concluding that it is a service which will save lives. The Committee then listened to those speaking in opposition. Mr. Colin Hodson spoke against the measure. He stated that additional time to study the proposal is needed by the neighborhood. He stated that in his opinion the proposed use is illegal. Dr. Ali Henderson questioned the motivation of the proposal, its timing and its location. She requested Memorial Hospital to compromise. Rolanda Hughes stated that the proposal would result in a negative health impact on those living on Lafayette Street. She suggested that the hospital look at other sites which would result in less down drafts from the helicopters. Chairperson White then turned the meeting to the Committee portion. Council Member Varner inquired why the more centralized site was not selected. Mr. Synder noted that the flight path required the site to be moved north and that the design was therefore modified. Council Member Aranowski then directed questions to Mr. Rick Lowrence the pilot of Air Angels. He inquired about the height of the air ambulance upon approach. Mr. Lowrence stated that the helicopter would be at 1,500 feet and then descend to 300-500' to begin his approach. He noted that he has been flying air ambulances for sixteen(16) years. Council Member Aranowski then inquired about the amount of time which the helicopter would spend on the helistop. Mr. Lowrence stated that it would depend on whether it was a "hot unload" or not. He noted that it would average between 30 seconds and 2 minutes for a "hot unload" or "hot load"; and the start up time of 3 1/2 minutes to 4 minutes. He noted that air ambulance helicopters from Fort Wayne would be required to follow the FAA approved flight patterns. He also noted that Air Angels follow Fly Neighborly Program guidelines. Zoning and Annexation Committee October 9, 2000 Page 6 Council Member Aranowski then questions about the south pavilion. It was noted that that site is a long-term project which is several years away. Council Member White inquired of the hospital representatives with regard to the allegations made by several neighbors of the lack of participation by the surrounding neighborhood. It was noted that the process to engage discussions with the neighbors began in July and that the neighbors were contacted at that time. It was noted that the hospital changed their request from a helipad to a helistop in light of concerns of the neighborhoods of storing the helicopter on site and therefore no maintenance, fueling or storage would take place at the hospital. It was also noted that the FAA determined the flight approaches not the hospital. Council President Pfeifer inquired about the delivery and pickup of patients. She was advised that the air ambulance would only be used for transporting severely ill patients and necessary medical support staff;and that the helicopter would not be used to transport physicians to medical seminars. The hospital also stressed that the helicopter would not be housed at the hospital. The Council Attorney noted for the record that in light of the concern raised by a person who stated that the proposed helistop would be illegal, she noted that an"airport"under the&nab Vit Tat trait is considered an exception in all zoning use districts. Therefore the whole purpose of tonight's public hearing is to determine whether the petitioner can meet the burden of proof to establish that they are entitled to a special exception under the applicable laws. Council Member Coleman noted that the Council Attorney's memorandums should be carefully reviewed and items within them carefully contemplated. He noted that there are many citizens who wish to address this issue and that he would proposed that in light of that added information that the Committee should consider sending the bill to the full Council without recommendation. Council Member Coleman then made a motion, seconded by Council Member Varner that Substitute Bill No. 00-113 be recommended to full Council without recommendation. The motion passed. Council Member Kirsits then inquired about the area designated on the site plan as a safety area. It was noted that this area is required by the FAA. Council Member Ujdak inquired about the cost to re-engineer the Centennial Building. Mr. Synder stated that the cost of the proposed helistop is approximately$ 1.6 million and that the cost without the cost to displace the out patient services, and many physician offices located there would be a minimum of ten million dollars additional cost. Council Member White then adjourned the Committee meeting at 3:42 p.m. Respectfully submitted, Council Member Karen L. White, Chairperson Zoning and Annexation Committee KCF:kmf Attachments