10-10-72 Council Meeting Minutes

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REGULAR MEETING COMMITTEE OF THE WHOLE MEETING (CONTINUED) ORDINANCE AN ORDINANCE AMENDING ORDINANCE NO. 4990 -68 AS AMENDED, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA. (CHAPTER 40, MUNICIPAL CODE) (NORTH SIDE OF IRELAND, BETWEEN ST. JOSEPH & FELLOW) OCTOBER 10, 1972 This being the time heretofore set for public hearing on the above ordinance, proponents and opponents were given an opportunity to be heard thereon. Mr. Jack C. Dunfee, Jr., Attorney spoke for the petitioners. He said that the area in question has been before the Council before for rezoning to C Commercial. They are now petitioning for C2 Planned Shopping Center zoning. They displayed a chart and photographs of the surrounding area. The Area Plan Commission has recommended the rezoning favorably. There are many advantages to a C2 zoning classification. It allows for combined planning to allow fewer curb cuts and fewer access and egress points. There are more restrictions with regard to what a developer can do and what maintenance is required. At the present time, there are four proposed uses for the site. One is for a Ponderosa Steak House and the others are a cafeteria, a pancake house and an office building. The increase in assessed valuation will be 700 %. Mrs. Dorothy Schwartz spoke to the Council representing her parents and other residents of the area involved. These people are requesting favorable action on the rezoning because their homes are in an area that is largely commercial and they can no longer maintain them, and they cannot sell them as residences. Most of these people are retired. Mr. Oscar Van Wiele, 4321 Fellows Street, spoke in opposition to the rezoning and presented the clerk with a petition signed by remonstrators against the rezoning. He said their property will suffer valuation loss if the proposed C2 Shopping Center is allowed. He said with the building of the Scottsdale Mall there is no need for this facility. He said the residents did not oppose the rezoning for the Associates Family Center adjacent to this area because of the low volume of cars it would generate, but this type of center would bring more traffic into an already congested area. Mrs. Albert Sipots, 202 E. Walter Street, spoke in opposition to the rezoning. She said this rezoning wo *ld be a serious blow to residential areas in South Bend and that a majority of the property owners signed the petition presented. Mr. H. Clifford Rich, 4412 Fellows Street, also spoke against the rezoning. He said the real estate lobby is the most powerful lobby in existence and that you can't beat the organization. He said he sympathizes with the people who live on Ireland Road, but said that these situations pit neighbor against neighbor and a normally compatible neighborhood is splintered into opposing groups. Mr. Robert McGinty, of the South Bend- Mishawaka Area Chamber of Commerce, said that he had looked into the Erskine Square plan and felt it was the highest and best use of the land from an economic point of view. It will repre- sent a capital investment of over $1,000,000 and provide a 700/ increase in assessed valuations. He said he knows there are fears when commercial enterprises are proposed in these areas, but feels that commercial and residential neighbors can co- exist. Mr. Gerard Lake, 125 South Lafayette, a real estate appraiser, said that he has not run across a situation where this type of development has decreased property values in the area. He said one of the basic tenets of real estate appraisal is the need for shopping areas. Mr. Orris Holderman, 430 E. Walter Street, spoke against the rezoning. He said he built his home two years ago and pays over $1000 property taxes a year. He said he wanted to live in a residential area and had he wanted to live in a commercial area he would have built downtown. In rebuttal to the speakers opposed to the rezoning, Mr. Dunfee said that uncertainty of uses is a basic part of C2 zoning. It allows multiple uses on one tract. The alternative is 6 or 8 separate petitions, with 6 or 8 curb cuts, improper lighting and no fences. He said that Ireland Road is a commercial street and that the Transportation Committee has approved the traffic and transportation aspects of this proposal. Councilman Miller made a motion that the public portion of the public hearing be closed, seconded by Councilman Parent. Motion carried. Councilman Taylor said that this proposal would be cutting into a residential area and ripping out houses. He said that he did not think restaurants should be included in the C2 Shopping Center Zonings as there is a great difference between small commercial businesses and restaurant operations. He said he would vote against the rezoning. Councilman Nemeth questioned Mr. Dunfee on the point that a C2 Planned Shopping Center zoning would also allow the construction of a regional center and asked what would restrict the developer to a neighborhood center. Mr. Dunfee said that is determined by the number of square feet available and is spelled out in the petition filed. Councilman Parent said that C2 zoning is approved subject to submission of a final site development plan certified by the Area Plan Commission before a building permit can be granted. He said that the restaurant section of the ordinance is weak and that he would like to see a buffer between the commercial development and adjacent residential areas. He then moved to amend the ordinance to read that the only tupe of restaurant permitted in a C -2 Planned Shopping Center would be one where 95% of the food provided is consumed in the restaurant itself and that the commercial development be screened from all residential property by a mound of land no less than three feet high and by the planting of evergreens no less than three feet tall. There was no second to the motion. Councilman Kopczynski said he feels this type of zoning is good because it does reduce the number of curb cuts and that he felt the businesses would be drawing from the existing traffic in the area. Councilman Horvath said that he felt this rezoning would be adding to the impassable traffic conditions now from K -Mart to Miami. He said that no one knows what the traffic count will be when the Scottsdale Mall opens. Councilman Szymkowiak said that he won- dered why the developer wants the whole plot rezoned at this time. He said he would favor rezonin for the use already planned now and ask for other rezonings when they know the use for the property. He said the rights of residential property owners should be protected. Councilman Newburn said he feels a survey has been made of the traffic problem in the area and that when the Council entrusts people to make recommendations we should not disregard their expertise. Councilman Parent made a motion that the ordinance go to the Council as favorable, seconded by Councilman Kopczynski. The motion carried. Councilman Taylor moved for a short recess, seconded by several. The motion carried and the meeting recessed at 10:35 p.m. The Committee of the Whole meeting reconvened at 10:55 p.m., Councilman Newburn presiding. ORDINANCE AN ORDINANCE PROVIDING FOR THE IMPROVEMENT OF NORTH IRONWOOD DRIVE FROM APPROXIMATELY TWO HUNDRED FEET SOUTH OF BADER AVENUE TO CORBY BOULEVARD BY CONSTRUCTING A PUBLIC SIDEWALK. This being the time heretofore set for public hearing on this ordinance, proponents and opponents were given an opportunity to be heard. Mr. Charles A. Sweeney, Jr., City Attorney, said that the problem of sidewalks an Ironwood Drive has been around through a couple of Councils and two administrations. On July 10, 1972, the Board of Public Works adopted a resolution calling for