HomeMy WebLinkAbout10-08-01 Zoning & Annexation (ommittet *port:
Zoning anti litiniaation 1ommttte
The October 8, 2001 meeting of the Zoning and Annexation Committee was called to order by the
Committee Chairperson Council Member Karen White at 3:01 pm in the Council Informal Meeting
Room.
Persons in attendance included Council Members: Varner, Coleman, White, Kelly King,
Aranowski and Kirsits; Building Commissioner Don Fozo, Historic Preservation Director John
Oxian, Planner Jeff Myers, Michael Danch, Melvin Reed, Charles Hayes, Robert Richardson,
Rev. Miller and Kathleen Cekanski Farrand, Council Attorney.
Council Member White noted that the first item on the agenda was to review Bill No. 59-01 which
is an annexation and zoning request for the property located in Clay Township consisting of
17,000 block of Douglas Road. Jeff Myers, a Planner with Area Plan, reviewed the Area Plan
Commission report which gave a favorable recommendation to the proposed rezoning.
Mr. Michael Danch of Danch, Harper& Associates, Inc. made the presentation. He noted that he
represents Jerry & Marguery Macri and Richard & Ann LaFree. Mr. Danch reviewed a
preliminary site plan(copy attached) for the proposed"0"office use. He noted that individual lots
would be created for each proposed building. There is a home currently located on the site which
would be converted to office use. The entire project would be hooked up to City water and sewer.
Council Member King noted that proposed project would be in his Councilmanic District. He
further noted that about a half a dozen people were in attendance at the Area Plan Commission
meeting who voiced concerns about the proposed project in relation to Juduay Creek and
commercial concerns. Council Member King asked that these items be further addressed.
Mr. Danch stated that since the property would be zoned to a specific site plan address "0"office
uses, that any changes which would be "C" commercial in nature would require that the entire
rezoning process be completed therefore requiring public hearings before the Area Plan
Commission and the Common Council. Mr. Danch noted that there would be no access to any
residential streets and that non-access easements would be required. A huge buffer zone will also
be required with all of these items established in the final site plan.
Mr. Danch further stated that the floodway area would be left as open space and therefore there
would be no additional drainage to the existing watershed in the area.
Dr. Varner inquired about how much of the 26 acres would be developed. Mr. Danch stated that
11.17 acres would be developed with the remainder being addressed pursuant to the final site plan.
In response to a question from Council Member Coleman, Mr. Danch noted that the project is
approximately 150 feet east of Hickory Road.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Bill No. 59-01 be recommended favorably to Council. The motion passed.
Council Member White noted that the petitioner for Bill No. 56-01 which is a rezoning request for
the property located at the northwest corner of Bendix Drive and Prast Boulevard will be
withdrawing the proposed ordinance from further Council consideration.
- Council Member White then called for a presentation on Substitute Bill No. 84-01 which is a
Zoning and Annexation Committee
October 8, 2001
Page 2
rezoning request for the property located at 110 South Hill Street, 109 South St. Louis Street, and
616 East Washington Street. Jeff Myers, a Planner with Area Plan, reviewed the Area Plan
Commission report which gave a favorable recommendation to the proposed bill.
Mr. Danch made the presentation on behalf of Environmental Health Laboratories. The building
would be increased from 13,000 square feet to 79,000 square feet and would be two-stories with a
basement. He provided a preliminary site plan of the area in question which included a "building
envelope"which reflects the largest square footage which the building may have. He noted that the
Board of Zoning Appeals permitted the variance for truck docks to be reduced from two to one.
He also noted that the Common Council had approved a vacation of the north/south alley at a prior
Council meeting.
Following discussion, Council Member Coleman made a motion, seconded by Dr. Varner that Bill
No. 84-01 be recommended favorably to Council. The motion passed.
The Committee then reviewed Bill No. 01-79 which would approve a petition of the South Bend
Zoning Appeals for the property located at 1112 East Corby.
Building Commissioner Don Fozo noted that a public hearing was held by the Board of Zoning
Appeals on September 20th and sends this matter to the Common Council with an unfavorable
recommendation.
The petitioner, Mr. Charles S. Hayes, made the presentation. He provided a six-page design
drawing of the proposed"Irish Commons"prepared by the McNally Design Group(copy attached)
and a two-page summary of the proposed project addressing its "objective, location, proposed pub
features, and community involvement". He suggested that the matter be continued for two (2)
months to permit discussions of the proposed Irish Pub to continue with the neighborhoods and
their neighborhood groups. He noted that the primary concern focuses on parking. Mr. Hayes
noted that the interior of the proposed pub will be designed in Ireland.
Council Member King noted that this project would be in his Councilmanic District. He noted that
Mr. Hayes is working closely with the Northeast Neighborhood Revitalization Association and that
he is acting in good faith and moving in the right direction.
Council Member White stated that at the request of Mr. Hayes that this matter would be continued
until the January 14,2002 meeting of the Common Council.
Council Member White then called for a presentation on Bill No. 01-80 which would approve a
petition of the South Bend Zoning for the property located at 1212 South Ironwood Drive.
Mr. Robert J. Richardson, P.E. made the presentation. He provided a site plan of the area (copy
attached). Mr. Richardson noted that the area in question is the Oaken Bucket which was
originally constructed in 1976. In 1980 it was sold to Mr. and Mrs. Clyde E. Williams Sr. And
Fayanne L. Williams. Due to a proposed change of ownership a search of records of any and all
permits and variances concerning the parking, setback lines and special exceptions for parking on
A or B zoned residential areas has taken place. No such records were located. As a result a special
exception for transitional parking is being requested since the documentation regarding parking
variances of grandfathering could not be located.
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Zoning and Annexation Committee
October 8, 2001
Page 3
Mr. Don Fozo, Building Commissioner, noted that the proposed request is the best route to pursue
in light of the missing documents. Mr. Fozo further noted that on September 20th the Board of
Zoning Appeals held a public hearing on this and that it is recommended favorably to Council. The
existing conditions have been in existence since 1980 and no improvements are proposed.
Council Member Kelly spoke in favor of the request.
Following discussion, Council Member Coleman made a motion, seconded by Council Member
Varner that Bill No. 01-80 be recommended favorably to Council. The motion passed.
Council Member White noted that the last item on the agenda was to hear a proposal on the
rezoning of property in the area of Lincolnway West and LaSalle/Bendix.
Mr. John Oxian and Pastor Miller then addressed the Committee. They noted that they have been
working for approximately two (2) years on a proposed rezoning in this area. They showed two
(2) maps of the area in question depicting the existing zoning consisting of "A", "A-1" and "B"
Residential, "C"Commercial and "D"Light Industrial and the proposed zoning to "A", "A-1"and
"B"Residential and "C"Commercial (copies attached). They inquired whether the Council would
be receptive to this proposal and whether in should be done all at once or in stages.
Council Member Aranowski suggested it all be done in one stage.
Council Member Coleman inquired about the proposed timetable and suggested that it be "front-
end loaded"so that as many of the concerns would be addressed.
Mr. Oxian stated that there were four(4) meetings held in the area with an additional meeting held
at the Colfax Center for the entire area. Mr. Oxian hopes to have this matter started through the
legal process in December.
A consensus of the Council Members present suggested that Pastor Miller and Mr. Oxian move
ahead on the proposed rezoning as a Council initiated project.
There being no further business to come before the Committee, Council Member White adjourned
the meeting at 3:30 p.m.
Respectfully submitted,
Council Member Karen L. White, Chairperson
Zoning and Annexation Committee
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