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HomeMy WebLinkAbout08-27-01 Zoning & Annexation ommitt Zport: Zoning antr annexation (ommitt* The August 27, 2001 meeting of the Zoning and Annexation Committee was called to order by the Committee Chairperson Council Member Karen White at 3:05 pm in the Council Informal Meeting Room. Persons in attendance included Council Members: Varner, Coleman, White, Kelly King, Aranowski, Kirsits, Ujdak and Pfeifer; Citizen Member Isabel Gonzalez, Building Commissioner Don Fozo, Planner Jeff Myers, Julia Shadinger, Gene Oakley, Sean Trotter, Janet Macjulski, Public Works Director Gary Gilot, Director of Community and Economic Development Jon Hunt, Attorney Brian May, Ed Fisher,Assistant City Attorney Thomas Bodnar,Karen Hammond-Nash, John Oxian, Gerald Ujdak, Dennis R. Whittaker, Jo Blacketor, Todd Zeiger, Dave Newfer, Rebe cca Nice Ben der, K.R. Palmer, John Hemp ler,er Julia Shadinger,er, unidentified members of the d Council ' Terry Bland of the �olttb �B�iC� �rt�lltltt, and Kathleen Cekanski-Farrand,public, rry Attorney. Council Member White noted that the first item on the agenda was to review Substitute Bill No. 49-01 which is a zoning request for the property located at 1620 and 1621 Circle and 1528 Liston. Jeff Myers, a Planner with Area Plan, reviewed the Area Plan Commission report which gave a favorable recommendation to the proposed rezoning. Mr. Brian May, the attorney for the petitioner Sean Trotter, made the presentation. Mr. May noted that the petitioner has operated for thirty-five (35) years as a family-owned business operating as a barber shop and restaurant. The business is in need of expansion of their facilities as well as of their parking lot. Council President Pfeifer noted that the petitioner has been an excellent neighbor who works well with the surrounding neighborhood. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner that Substitute Bill No. 49-01 be recommended favorably to Council. The motion passed. Council Member White then called for a presentation on substitute Bill No. 50-01 which is a rezoning request for the property located at 1512 Liston. Jeff Myers, a Planner with Area Plan, reviewed the Area Plan Commission report which gave a favorable recommendation to the proposed rezoning. Mr. Sean Trotter made the presentation. He noted that the rezoning is necessary in order to permit a 3-bedroom apartment since it was originally zoned for a 2-bedroom apartment. Council President Pfeifer noted that this property like the property addressed in the prior bill are located in the 2nd District which she represents. She stated that Mr. Trotter will be an excellent landlord and looks forward to working with him in that capacity. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner that Substitute Bill No. 50-01 be recommended favorably to Council. The motion passed. Council Member White then called for a presentation on Substitute Bill No. 58-01 which is a bill requesting to bring into the City through annexation certainrproperty which is contiguously located in Centre Township more specifically known as 61045 U.S. 31 South. Jeff Myers, a Planner with Zoning and Annexation Committee August 27,2001 Page 2 Area Plan,reviewed the Area Plan Commission report which gave a favorable recommendation to the proposed rezoning portion of the bill. Mr. Ed Fisher, an architect with Fisher Architects of Mishawaka made the presentation. He noted that the proposed development would be for an Arby's restaurant. i Following discussion, Dr. Varner made a motion, seconded by Council Member Coleman that Substitute Bill No. 58-01 be recommended favorably to Council. The motion passed. The Committee then reviewed Bill No. 01-68 which is a proposed written fiscal plan which would establish policies for services to the proposed annexation area located at 61045 U.S. 31 South commonly referred to as the"Arby's Annexation". Mr. Fisher spoke on behalf of the petitioner. Following discussion, Council Member Coleman made a motion, seconded by Council Member Varner that Bill No. 01-68 be recommended favorably to Council. The motion passed. Council Member White noted that the next item on the agenda is Bill No. 61-01 which is a request to establish as an historic landmark the structure and property located at 1534 West Sample. Council Member White further noted that a letter had been received from Mr. John Oxian, President of the Historic Preservation Commission, requesting that this Bill be continued to the Council meeting of September 24th. Council Member White stated that the Bill would be I continued at the request of the Petitioner to that date. Council Member White noted that in light of the fact that a special advisory zoning committee was appointed to review the Old Nuner School situation, that she would hear from that committee first, before calling for a presentation on the proposed Bill. She thanked the members of the special advisory committee who were requested to review this proposal on July 16th; provided an interim updated on August 13th and are to provide a written recommendation today following a total of four(4) advisory meetings. Mr. Jon Hunt, Advisory Chairperson, provided copies of the "Report of the Special Advisory I Zoning Committee on the Old Nuner School Building to the City Council's Committee on Zoning and Annexation" (copy attached). He noted that some of the advisory committee members are in the audience today, namely Don Fozo, Karen Hammond-Nash, Janet Macjulski, Mr. Oxian, Mr. Gerald Ujdak,Mr. Whittaker, and Council Members Kelly and King. Mr. Hunt then highlighted portions of the report, noting that the advisory committee basically recommends that the Council, the Historic Preservation Commission, and the South Bend Community School Corporation enter into a memorandum of understanding which would be based on the proposal He noted that Dr. Richard Sheehan of the South P l� contained in the written report.po uni School Corporation faxed comments to them which will become a part of the Bend Community � ty official record at a later time;and that Jo Blacketor faxed an 11-page document of materials (copy attached) which will also be part of the record. Council Member Kelly thank Mr. Hunt, Council Member King and the entire advisory committee for their hard work. Council Member Kelly stated tha$ more discussion is necessary which includes the school corporation. i Zoning and Annexation Committee August 27, 2001 Page 3 Council Member King stated that the overall interest of the special advisory committee was not to pressure toward a specific recommendation, but rather to enable discussions to take place in the interest of finding common ground between the various entities. He noted that He and Council Member Kelly met for approximately two (2) hours with three members of the School Board of Trustees,and thereafter the School Board met in executive session. Janet Macjulski, a Riverpark resident and member of the advisory committee, thanked Mr. Hunt for all of his efforts and stated that she believes that the recommendation of the advisory committee is possible. Mr. Dennis Whittaker,President of the River Park Neighborhood Association and a member of the advisory committee,recommended that the city proceed ahead with the recommendations. Karen Hammond-Nash, Assistant Director of the Historic Preservation Commission and a member of the advisory committee noted that in her opinion,there is a better case for landmark designation for this building than any other building in the city. She hoped that there would be a cooperation solution and is wholeheartedly in support of looking at the proposed options. Jo Blacketor noted that there are several joint ventures where the city and the school corporation have acted in partnership. Ms. Blacketor stated that as one school board member she has been suggesting a rejection of landmark status since 1996. She requested the Council to inquired why it has taken so long for the preservation commission to move forward. She noted that the South Bend Community School Corporation needs the site in question for physical education and recreational activities. In light of full-day kindergarten sessions and re-districting discussions under way that there is very limited space within the Adams district. Ms. Blacketor then voiced concern with regard to due process considerations and noted her 11-page fax previously sent to the 1 Council (copy attached). Ms. Blacketor concluded her remarks by noting that the previous School Superintendent, Dr. Calvin, requested RFP's and all were rejected. She also noted that it is costing the School Corporation $95,000 since January of this year to maintain the structure, At this point in the committee meeting, a motion was made by Council Member Ujdak, seconded by Council Member Coleman to accept the filing of the report by the Special Advisory Zoning Committee. The motion passed. Council Member White then called for a presentation on Bill No. 45-01 which is a request to establish as an historic landmark the structure and property located at 2716 Vine Street. Karen Hammond-Nash made the presentation. She noted that the building in question was originally built by the residents of the Riverpark community and then transferred over to the school corporation. The building reflects the ethnic diversity of South Bend at that point in time and is one of the prime architectural buildings with a former Mayor of the city having been an architect on the project. Council Member White then opened the hearing for persons wishing to speak in favor of proposed Bill No. 45-01. Mr. Dennis Whittacker presented a one-page letter dated August 27, 2001, a two-page letter dated August 27, 2001, a copy of a letter dated November 1, 1999 addressed to Matthew J. Stahl, and a copy of a petition signed by 322 individuals which began"I am in favor of having the Old Nuner School be designated as a Local Landmark and I am opposed to having the building demolished" Zoning and Annexation Committee August 27,2001 Page 3 Council Member King stated that the overall interest of the special advisory committee was not to pressure toward a specific recommendation, but rather to enable discussions to take place in the interest of finding common ground between the various entities. He noted that He and Council Member Kelly met for approximately two (2) hours with three members of the School Board of in executive session. Trustees,and thereafter the School Board met m utive Janet Macjulski, a Riverpark resident and member of the advisory committee, thanked Mr. Hunt for all of his efforts and stated that she believes that the recommendation of the advisory committee is possible. Mr. Dennis Whittaker,President of the River Park Neighborhood Association and a member of the advis or y committee,recommended that the city proceed ahead with the recommendations. Karen Hammond-Nash,Assistant Director of the Historic Preservation Commission and a member of the advisory committee noted that in her opinion,there is a better case for landmark designation for this building than any other building in the city. She hoped that there would be a cooperation solution and is wholeheartedly in support of looking at the proposed options. Jo Blacketor noted that there are several joint ventures where the city and the school corporation have acted in partnership. Ms. Blacketor stated that as one school board member she has been suggesting a rejection of landmark status since 1996. She requested the Council to inquired why it has taken so long for the preservation commission to move forward. She noted that the South Bend Community School Corporation needs the site in question for physical education and recreational activities. In light of full-day kindergarten sessions and re-districting discussions I under way that there is very limited space within the Adams district. Ms. Blacketor then voiced concern with regard to due process considerations and noted her 11-page fax previously sent to the I Council (copy attached). Ms. Blacketor concluded her remarks by noting that the previous School Superintendent, Dr. Calvin, requested RFP's and all were rejected. She also noted that it is costing the School Corporation $95,000 since January of this year to maintain the structure, At this point in the committee meeting, a motion was made by Council Member Ujdak, seconded by Council Member Coleman to accept the filing of the report by the Special Advisory Zoning Committee. The motion passed. I Council Member White then called for a presentation on Bill No. 45-01 which is a request to establish as an historic landmark the structure and property located at 2716 Vine Street. Karen Hammond-Nash made the presentation. She noted that the building in question was originally built by the residents of the Riverpark community and then transferred over to the school corporation. The building reflects the ethnic diversity of South Bend at that point in time and is one of the prime architectural buildings with a former Mayor of the city having been an architect on the project. Council Member White then opened the hearing for persons wishing to speak in favor of proposed Bill No. 45-01. Mr. Dennis Whittacker presented a one-page letter dated August 27,2001, a two-page letter dated August 27, 2001, a copy of a letter dated November 1, 1999 addressed to Matthew J. Stahl, and a copy of a petition signed by 322 individuals which began"I am in favor of having the Old Nuner School be designated as a Local Landmark and I am opposed to having the building demolished" limnimmmi...i.T. Zoning and Annexation Committee August 27,2001 Page 4 (copies attached). Mr. Whittacker took issue with the school corporation's proposed use of the land in question and noted that this issue may be ultimately resolved in the courts. Janet Macjuiski then circulated pictures of the area in question which she had taken (pictures attached). Council Member White then asked if there were any individuals wishing to speak against Bill No. 45-01. Mr. Dave Newfer of 2626 Mishawaka Avenue stated that he was a past member of the Riverpark Neighborhood Association. He said that this proposed designation is separating the neighborhood by dividing the residents from the business owners. Mr. Newfer stated that the elected school board's decision and vote to tear the building down should be honored. He thanked Mr. Hunt for an excellent job on the advisory committee and focused on a statement from the advisory report which he quoted from page 4: "The Council should not be requested to declare a winner or loser on the future of each one of the community's older school buildings". Rebecca Nice Bender, a Riverpark resident, voiced concern over the possible precedent that would be set. She said that the building is abandoned and can become a danger. The school corporation is not a deep pocket. Mr. K.R. Palmer of Palmer Funeral Homes noted that he has served on various committees in the past. Most of the business owners and members of the association are in favor of having the building torn down. Mr. John Hempler stated that he was a physical education teacher at Nuner from 1994 thru 2000. Mr. Hempler stated that Nuner desperately needs green space. It is landlocked and 15-25 acres is preferable. He prefers taking the students outside for PE classes and athletic events . He noted that the neighborhood could be plugged into the process, but finds that having Potowatomi as the closets facility is unacceptable. Julie Shadinger noted that she is a taxpayer, a neighbor and a mother and is concerned. She noted that there is no real feasibility for the development of the area in question and that the school corporation should be entitled to carry out their decision. The issue in her opinion is moot since the school corporation took action. Mrs. Shadinger also voiced concern about the amount of public money that has been spent fighting this issue. She inquired about the current vacancy rate of senior housing in the city, noting that the city has six (6) high rise center currently which have vacancies. Mrs. Shadinger concluded her remarks by stating that the top issue is the children and we have forgotten to look at the concerns and needs"of our kids". Under rebuttal, John Oxian, President of the Historic Preservation Commission, addressed the Committee. He stated that he agrees with the recommendations set forth in the report filed by the advisory committee. He noted that as early as 1980, Oliver and Central were proposed as landmarks and later Madison, Monroe and Jefferson. Mr. Hunt added that the RFQ/RFP stage would be the test of feasibility of the proposals. He noted that if the building does come down that there should be discussions with regard to the type of uses planned for the area. Plith- .4111.............11. Zoning and Annexation Committee August 27,2001 ' Page 5 Council Member Kelly said that the bottom line is what is to happen to the building. If it is granted historic landmark status what will become of the building? Whatever happens it should be resolved by the School Board especially in light of the growing maintenance concerns. Council Member Coleman stated that he originally did not support landmark status for Nuner School and he does not support such a designation today. He thanked the advisory committee for their "terrific work". Council Member Coleman stated that he has a deep belief, recognition and respect for where responsibilities begin and where they end. II[ Council Member Ujdak noted that all parties have come together to participate,and as a result there has been a lot of effort and good work. Nevertheless, he does not believe that forcing landmark status on an unwilling landowner would be in anyones best interest. Council Member Ujdak suggested that the Historic Preservation Commission consider withdrawing this Bill or backing off for six (60 months. Dr. Varner stated that he does not want to hamstring one entity against another. Conceptually you can put people together and try to find a solution. If a realistic RFP comes forward and if the school board would permit a realistic and needed adaptive re-use that would be the best solution however now we need to move on. Council President Pfeifer voiced concern that the issue is greater than the Riverpark Neighborhood or South Bend Schools;noting that whenever a business leaves a neighborhood that there needs to be a process to address what will happen. When large buildings are abandoned, the community in which they are located are affected and should be part of the process. Council President Pfeifer then inquired whether the Common Council has the power to remove an historic landmark status wants it is granted. Thomas Bodnar, the attorney for the Historic Preservation Commission, stated that on July 1st a new state law took effect which takes the power to remove landmark status away from the II Common Council and places it with the Historic Preservation Commission. He noted that this same legislation applies only to this county;and further speculated that he does not believe hat this I entire new state law is constitutional. The Council Attorney inquired of the representatives of the Historic Preservation Commission how many criteria are in existence when determining if a structure is qualified as an historic landmark; and further inquired whether each of the criteria are weighted equally. Mr. Oxian stated that three (3) of four (4) criteria are needed and that they are all treated equally; however the historical component may be given added weight. Following further discussion, Council Member Coleman made a motion, seconded by Council Member Ujdak that Bill No. 45-01 be recommended unfavorably. The vote was 2-2;therefore the Bill goes to the full Council without recommendation. Council Member White thanked everyone for coming to the meeting. • There being no further business to come before the Committee, Council Member White adjourned the meeting at 4:25 p.m. ii........ ... Zoning and Annexation Committee August 27, 2001 Page 6 Respectfully submitted, Council Member Karen L. White, Chairperson Zoning and Annexation Committee KCF:kmf Attachments •