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HomeMy WebLinkAbout04-13-09 Zoning & Annexation Committee6~ ?p r ;~1 ZONING & ANNEXATION COMMITTEE APRIL 13, 2009 Committee Members Present: AI "Buddy" Kirsits, Chairperson; Oliver Davis, Vice-Chairperson; Tom LaFountain; David Varner Other Council Present: Derek Dieter; Henry Davis; Ann Puzzello; Karen White; Tim Rouse Others Present: Rita Kopala; Martha Lewis; Kathleen Cekanski- Farrand; Jamie Loo; Mayor Stephen Luecke; Jeremy Toschlog; Christa Nayder, John Byorni, Catherine Fanello, Gary Gilot, Mikki Dobski, Tom Price, Kamesha Williams, Hakira McLeod, Mike Divita, Marcia McMillan, Chuck Bulot Agenda: Bill No. 1-09 -This bill requests a rezone from SF single family and two-family district to MU mixed use for property at 2013 W. Ford. Chairperson Kirsits asked Christa Nayder of the Area Plan Commission (APC) to report on the APC's review and recommendation to Council. She reported the APC staff and commission sends the request with a favorable recommendation. She explained the APC staff while reluctant to open a SF to MU, was impressed with and supportive of Ms. McLeod's intention to open a neighborhood convenience store. Ms. McLeod stated her efforts were supported by nearby residents. Martha Lewis and Mike Divita from Howard Park and the Economic Development Department, respectively, both spoke in favor of the rezoning. gcn District Councilmember Oliver Davis spoke in support of the petition. Chairperson Kirsits having given opportunity for questions and discussion accepted a motion to recommend~favorably from Councilmember LaFountain, a second from Councilmember Varner and support from all. Bill No. 07-09 -This bill requests a rezoning from MU mixed use to SF single family for property at 1032 Wayne Street. At Chairperson Kirsits request Christa Nayder from the Area Plan Commission reported that the APC staff and Commission approve the petition and send a favorable recommendation. Marcia McMillan, the petitioner then explained the house at 1032 E. Wayne originally built as a single family home, later converted to a doctor's office, had now sat vacant for several years. Her intent, she stated, was to return it to a single family home. Martha Lewis stated the Howard Park Neighborhood Association was strongly in support of McMillan's effort. Without further discussion, Chairperson Kirsits recognized a motion from Councilmember Varner to recommend favorably. Councilmember LaFountain seconded the motion. Councilmember Puzzello strongly endorsed the project. Councilmember Kirsits noted the Committee support was unanimous. Bill No. 08-09 -This rezoning petition asks that three single family homes be rezoned from "SF" to "O" Office. Chairman Kirsits again recognized APC staff planner Christa Nayder to report the APC Staff and Commission's actions. She said the three lots each having a single family home, tota{ed 40,000 square feet or enough to support one or two new offices after demolition of the homes and site plan preparation. All three owner's initiated the rezoning request. She noted the staffs favorable recommendation was based upon land use trends along Hickory over the past 20 years. One of the owners, Betty Calderone, said the homeowners were simply trying to maximize the potential value of their property. In that this petition is congruent with land use plans and City Plan and was fully supported by Councilmember Puzzello. Chairperson Kirsits accepted a motion to send favorably from Councilmember LaFountain followed by Councilmember Varner's second and support from all. Bi11 No. 15-09 -This bill initiated by John Byorni, Director, Area Plan Commission, would combine the City of South Bend's BZA with the county BZA to form the Area Board of Zoning Appeals encompassing all of St. Joe County except the City of Mishawaka. Byorni making the case explained that by having one BZA, filing dates, and meeting dates could be combined so as to provide a better more understandable process for the staff and the public. Having given the background and rationale Byorni was open to questions. Councilmember Varner asked if there was any downside. Both Byorni and Chuck Bulot of the Building Department said there was no downside to consolidation. Though the meetings of an ABZA may be longer and some paperwork perhaps increased, it could be easily accommodated. Councilmember Varner noting that according to state statute Mishawaka would have an appointment to the board yet does not participate. Byorni said there was noway around it; but that it works now on the current BZA. Councilmember Henry Davis wondered if the streamlining compromised the public's opportunity to be heard. Byorni said there would always be notification of what was to remain, required public hearings on issues before the BZA. Further questions from Councilmember Rouse in particular, focused on the public's ability to get a fair hearing from a board comprised of people who did not live in the city. Byorni stated his long experience with the BZA and the APC indicated appointees regardless of whose they were or where they lived were contentions treating all petitioners as they would personally like to be treated. Councilmember Rouse said his concerns were about a trend to metro-government without adequate discussion. The Mayor said he initially shared Rouse's skepticism; but now supported the consolidation. He said it was sometimes difficult to find qualified appointees willing to make the considerable commitment to service of which the BZA represents. Councilmember Oliver Davis apparently sharing the concerns of Councilmember Rouse and Councilmember Henry Davis moved to continue the bill until the April 27, meeting to allow further discussion and reflection. Councilmember Kirsits agreed a recommendation to full council to "continue" was in order. There being no further business to come before the Committee at this time, Chairperson Kirsits adjourned the meeting at 4:27 p.m. Respectfully Submitted, << !~ J AI "Buddy" Kirsits, Chai erson Zoning and Annexation Committee