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HomeMy WebLinkAbout01-26-09 Zoning and Annexation Committee..__ Zoning and Annexation Committee Meeting 2009 South Bend Common Council The January 26, 2009 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Chairperson Council Member Al "Buddy" Kirsits at 3:40 p.m. in the Council's Informal Meeting Room, 4~` Floor of the County-City Building. Persons in attendance included Council Members Henry Davis, Jr., LaFountain, Puzzello, Varner, Rouse, Kirsits, Dieter, and White; Mark Lyons, Mrs. Kopola, Martha Lewis, Public Works Director Gary Gilot, Bob Matia,-Derek Spier, Mr. Craig Taelman, Mr. Bill McCarthy, IU South Bend Intern Jeremy Toschlog, Jamie Loo of the South Bend Tribune and Kathleen Cekanski-Farrand, Council Attorney. Council Member Kirsits noted that the committee members include Council Member Council Members Oliver Davis who is the Vice-Chairperson, Dr. Varner, Thomas LaFountain and himself. 2Ra Substitute Bill No. 09-06: A Resolution Seeking Approval of a Petition of the SB Board of Zoning Appeals for a Special Exception for 1713 and 1717 Burdette Street, South Bend, Indiana: Council Member Kirsits called for a report from the Board of Zoning Appeals on 2na Substitute Bill No. 09-06 seeking a special exception for the properties located at 1713 and 1717 Burdette Street. Mark Lyons of the Building Department noted that the Board of Zoning Appeals held a public hearing on the petition for a special exception requested by Stadium Village Homes on December 18, 2008. The Board sends the request to the Common Council with a unanimous favorable recommendation. Council Member Kirsits then called for a formal presentation on the Bill. The Council Attorney noted that the 2na Substitute Bill contains a new Section IV which addresses the Petitioners voluntary agreement to agree to certain conditions and limitations which would require a formal Declaration to be signed and recorded. Derek J. Spier, a Planner with Abonmarche which has offices located at 750 Lincoln Way East, South Bend, Indiana, made the formal presentation. Mr. 5piert provided a copy of the site plan to the committee (copy attached). He stated that the special exception would permit a group residence in Units L and M at the Stadium Village Homes. This would permit those two (2) units to be used as a group residence for a Jesuit Community. A maximum of eight (8) residents would be permitted, and the special exception would permit the members of the Jesuit Community tolive as a single non- traditional family. Mr. Spier stated that the special exception meets all of the standards for a special exception; that it would not interfere with the Comprehensive Plan; and that strict application of the zoning ordinance would constitute an unnecessary hardship if applied to the property which the Jesuit Community wish to purchase. Zoning and Annexation Committee January 26, 2009 Page 2 Mr. Spier then introduced Mr. Craig Taelman, Manager of Stadium Village Homes, LLC who represents the owner/developer and Mr..Bill McCarthy, a realtor, who is present on behalf of the Chicago Province of the Society of Jesus (the Jesuits) In response to a question raised by Council Member Puzzello, Mr. Spier noted that the conditions referred to in the document referenced by the Council Attorney would be recorded in the County Recorder's Office and would be discoverable when doing a title search. Dr. Varner noted that Irish Crossings which is located near the property in question is needed in order for their to be contiguity for annexation purposes. In response to a inquiry from Dr. Varner, Mr. Bill McCarthy stated he has no objection to a tax levy on the property if such is requested. In response to a question raised by Council Member Rouse, Mr. Bill McCarthy stated that the Jesuits have had a presence at the University of Notre Dame for decades. Many Jesuits live in scattered site locations throughout the area. The Jesuits wish to combine these so that Jesuit priests, professors and seminarians can live together. The location was selected so that they could walk to campus. Mr. Mr. Craig Taelman of Signature Homes which has offices located at 1212 South Walnut Street in South Bend spoke in favor of the special exception. He stated that he welcomes having the Jesuits living in the subdivision noting that they would give permanent residents to the area. Council Member Kirsits noted that last Friday he was in discussions with Richard Deahl of Barnes & Thornburg and our Council Attorney with regard to the conditions and limitations which representatives of Stadium Village Homes, LLC were willing to enter into as part of the special exception request. He commended both Mr. Deahl and the Council Attorney for working on the legal documents which will result in a "win-win" for all parties concerned. Council Member LaFountain made a motion, seconded by Dr. Varner that the Committee accept the 2nd Substitute Bill No.09-06. The motion passed. Council Member LaFountain then made a motion, seconded by Dr. Varner that the Committee that 2nd Substitute Bill No.09-06 be recommended favorably to Council. The motion passed. There being no further business to come before the Committee, the meeting was adjourned by Council Member Kirsits at 3:53 p.m. Respectfully submitted, Council Member Al "Buddy" Kirsits, Chairperson Zoning and Annexation Committee Attachments A' Y