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Home My WebLink About06-08-09 Zoning and Annexation Committee MeetingZoning and Annexation Committee Meeting 2009 South Bend Common Council The June 8, 2009 meeting of the Zoning and Annexation Committee of the South Bend Common Council was called to order by its Vice-Chairperson Council Member Oliver J. Davis at 3:42 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, Dieter, Oliver J. Davis and White; Wanda and Dave Shock, Rita Kopola, Martha Lewis, Public Works Director Gary Gilot, City Controller M. Catherine Fanello, Wendy Walker-Dyes, Paul Phair, Daniel Herbster, Isaac Hunt, Joel Klug, Christa Nayder, Richard Eichstedt, and Kathleen Cekanski- Farrand, Council Attorney. Council Member Oliver J. Davis noted that the committee members include Council Members Varner, LaFountain, Kirsits and himself. Substitute Bill No. 62-08: Rezoning Request for 3454 Douglas Road from CB Community Business District to CB Community Business District: Council Member Oliver J. Davis called for a report from the Area Plan Commission on Substitute Bill No. 62-08 which is a rezoning request for the property located at 3454 Douglas Road, 4~' Councilmanic District of the City of South Bend. Christa Nayder of the Area Plan Staff reported that Substitute Bill No. 62-08 had a public hearing before the Area Plan Commission on May 19, 2009. The Area Plan Commission sends this substitute bill to the Common Council with a favorable recommendation subject to six (6) written commitments as set forth in the May 20, 20091etter from John W. Byorni, Executive Director of Area Plan (copies attached). Ms. Nayder noted that the property is the new location for the Brown Mackie College. The petitioner has worked with the neighbors and the neighborhood association to work out the commitments. Paul Phair of the Holliday Corporation located at 227 South Main Street in downtown South Bend made the formal presentation. He noted that the developer has worked closely with the neighbors and believes that all issues have been amicably addressed. Wanda Shock, President of the Juday Creek Neighborhood Association, of 17346 McErland Street, South Bend, spoke in favor of the substitute bill, noting that the proposed commitments address the concerns of the neighborhood. No one from the public spoke in opposition to the substitute bill. Council Member White thanked the developer, the neighborhood association members and the citizens for working out an agreement. Zoning and Annexation Committee June 8, 2009 Page 2 Dr. Varner then made a motion, seconded by Council Member LaFountain to send Substitute Bill No. 62-08 and the most recent version of the written commitments to the Common Council with a favorable recommendation. The motion passed. Substitute Bill No. 20-09: Rezoning Request for 3423 and 3507 South Michigan Street Council Member Oliver J. Davis called for a report from the Area Plan Commission on Substitute Bill No. 20-09 which is a rezoning request for the property located at 3423 and 3507 South Michigan Street with contiguous land, all of which is located in the 6~` Councilmanic District. Joel Klug, a Planner, with Area Plan reported that Substitute Bill No. 20-09 had a public hearing at the May 19, 2009 Area Plan Commission meeting. The substitute bill is sent to the Common Council with a favorable recommendation. Wendy K. Walker-Dyes, an attorney with Baker Daniels with offices in downtown South Bend made the formal presentation. She noted that the proposed ordinance of SouthGate Church, Inc. F/K/A Calvary Temple-South Bend Gospel Tabernacle, Inc. would rezone the property in question from MU Mixed Use District to SF 2 Single Family and Two Family District. The rezoning will allow for the adaptive re-use of a vacant building once used as a furniture store. A school for K-5~' grade is proposed for 300 students. The developers will invest $1 %Z million into upgrading the building. In response to a question from Council President Dieter, Ms. Walker-Dyes noted that a school is not permitted in a mixed use zone and that is why the rezoning is required. During the public hearing, Ed Friend of 3305 South Michigan spoke in favor of the substitute bill. He noted that he lives in asingle-family dwelling just five (5) houses north of the area in question. He voiced concern that the city does not have a "school zone district" for such educational facilities. Mr. Friend also voiced concern about the 3200 to 3600 blocks of Michigan. He noted that as a retired member of the South Bend Police Department, those blocks are known for prostitution and .drug activities and he hopes that the school children will not be exposed to those illegal activities. Daniel Herbster of 60149 Main Street in South Bend, noted that he is a board member of the Indiana Schools for Excellence. He stated that the Board is doing everything possible to have the property in question ready for the 2009-2010 school year. He stated that it is imperative for the property to be properly remodeled so that school at that location can begin on time. Isaac Hunt of 138 East Broadway in South Bend, stated that he is another board member of the Indiana Schools for Excellence. He and Mr. Herbster showed drawings from Ancon Construction Company, inc. of the proposed school and how it will be remodeled for this adaptive re-use. The Xavier School of Excellence will be a charter school and will have a "Wall of Honor" to list those who have contributed and given community support for the project. Mr. Hunt stated that: • The front windows of the school will be frosted • Each classroom will have no more than 25 students with two (2) teachers Zoning and Annexation Committee June 8, 2009 Page 3 • Will have amulti-purpose auditorium in the basement where up to 250 people may assemble • Will have apre-school entrance off of Main Street • Will have K-5~' grade entrance off of Michigan Street • They are pursuing having crosswalks and hope that parents will be crossing guards • Are talking to TRANSPO regarding drop off locations • Will have an outdoor playground and are looking for community support There was no one from the public to speak in opposition to the substitute bill. Council Member Henry Davis, Jr., noted that the time line for remodeling and construction is very tight and that he will do everything possible for this measure to move forward and have the ordinance signed in a timely manner by the Mayor. Dr. Varner noted that he recalls the building when it was the home of JE Walz. He noted that it is always better to have an occupied facility, not only for the immediate neighborhood, but for the entire city since it is on a main corridor into the hear of South Bend. Following discussion, Dr. Varner made a motion, seconded by Council Member LaFountain that Substitute Bill No. 20-09 be sent to the Council with a favorable recommendation. The motion passed. Substitute Bill No. 23-09: Rezoning Request for 614 East Ireland Council Member Oliver J. Davis called for a report from the Area Plan Commission on Substitute Bill 23-09 which is a zoning request for the property located at 614 East Ireland, in the 5~' Councilmanic District of South Bend. Joel Klug, a Planner, with Area Plan reported that Substitute Bill No. 20-09 had a public hearing at the May 19, 2009 Area Plan Commission meeting. The substitute bill is sent to the Common Council with a favorable recommendation. Richard Eichstedt of 21189 Baneberry Trail made the formal presentation. He stated that the house on the property was built in 1955. He will be forced to relocate is floral shop in light of the US 31 re- routing project, and the 614 East Ireland location looks ideal for this type of use. There was no one from the public to speak in favor or in opposition to the substitute bill. Dr. Varner, the District Council Member for the area in question, noted that this portion of Ireland Road is heavily travelled now. It is an area in transition. Dr. Varner stated that he believes the proposed use fits the trend of development in that area. He further noted that the rezoning will allow for a business to remain in South Bend. Following discussion, Dr. Varner made a motion, seconded by Council Member LaFountain that Substitute Bill No. 23-09 be recommended favorably to the Common Council. The motion passed. Zoning and Annexation Committee June 8, 2009 Page 4 There being no further business to come before the Committee, Council Member Oliver J. Davis adjourned the Comte' tee meeting at 4:15 p.m. Coun it Member t7liver J. Davis, Vice-Chairperson Zoning and A~iinexation Committee Attachments