01-10-05 Zoning & Annexation - Laserfiche WebLink

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Andy Videkovich, a planner with Area Plan, noted that Parcel I would be rezoned from "SF1" Single Family and Two Family District to "LB" Local Business District and that Parcel II would be rezoned from "SF1" Single Family and Two Family District to "MF2" High Density Multi-Family District. He noted that the site plan which will be presented today is different than the one presented to the Area Plan Commission He further reported that the Area Plan Commission sends the Bill to the Council with an unfavorable recommendation. Mr. Anthony Zappia, an attorney representing the petitioners, Bruno & Roasa Cataldo and Teresa M. Bova,made the presentation along with Michael J. Danch,President of Danch,Harper & Associates. They presented a one-page color Aerial view of the property in question along with four (4) site plans (copies attached). Mr. Zappia noted that approximately 31 acres are involved and that they are proposing in the 4th site plan additional buffering to the forty-one (41) residences. He noted that the property has been on the market as single family for 14 years without success. The Planning Staff and Mr. Robert Sante, Area Plan Executive Director, suggested the recommendations incorporated into the 3rd site plan, and the petitioners have taken their suggestions even further with more buffering as set forth in the 4th site plan. Mr. Zappia noted that the area has been stagnant for a long period of time. The developer would be required to extend water and sewer to the area., at a significant expense. Mr. Zappia noted that AEP has an easement on the western portion of the property line which runs 165' x 1,000'. The proposed development would be 430' from the residents property lines. Mr. Michael J. Danch noted that the first site plan included 32 acres of multi-family development. In light of the feedback from residents on Locust Road and the Area Plan staff they have adjusted the entrance way and "dropped the zoning down" so that there is less multi-family. The 4th site plan proposes that the multi-family component be dropped down by 11 acres. 41 lots meets the standards for SF1 and a buffer area would be provided. Since a state highway is involved IDOT will also be involved. Council Member Kuspa then opened the public hearing for people speaking in favor. There were none. The floor was then opened to persons wishing to speak in opposition. Phyllis Ranschaert of 2813 Locust spoke against the rezoning. She stated that she spoke to IDEM since a portion of the site had been used as a dumping site during the Studebaker years. She stated that Bruno has dumped on the site and that the residents are concerned about the excavation which would take place for the apartment complex. She noted that the area has a high water table; drainage problems and runoff problems. She stated that the new proposal only has two (2) retention basins while the original one had five (5); and that one of the proposed basins is proposed at the highest point. Mr. Zappia then passed out a one-page state from # 42033 entitled "Report of Open Dump Inspection" which concluded that they did not "see any solid waste violations" (copy attached). He stated that the allegations which inappropriate. Mr. Danch stated that there are drainage standards in place and that they will have to be met. Zoning and Annexation Committee of the 2005 South Bend Common Council -page 2-