Board of Zoning Appeals - Regular Meeting

Please rise and join with me in the pledge of allegiance to the flag of the United States of America to the republic for it stands one nation indivisible with liberty and justice for all Mrs. Morris Smith would you please call the role here Michael D here. Via Zoom. Ronald Sims here. William Hutton here. Thomas Casm here. Here. Thomas Dverton here. Marcus Taylor here. Dean Button here. Nine present. We have a quorum. Thank you. Uh, next item on the agenda you should have received in your board packet. Copy of the minutes for February 18th, 2025. Chair would entertain a motion to approve. So move second. Moved by Commissioner Dabberton, seconded by Commissioner Casesmir. Is there any discussion? Uh chair has a correction. Page seven uh of the meeting minutes. Um right above the uh the title background. Uh we need to amend that to say something to the effect that asked for a staff report, presentation of the staff report. Um because the public meeting was open prior and there was no public uh um comments to be made. So the chair would entertain a motion to amend the agenda or sorry the meeting minutes. U Mr. Chairman, there's a second one on page eight. On page eight. Yeah. There there's a a reference to the case number in page two that would have been um that's just an error there. So just have

that deleted. So that'll be stricken from the minutes. Mr. Chairman, I'll amend my motion to approve. It'll be subject to the two amendments by Thank you, Mr. Dbertton. Uh Mr. Kazirback, would you stick with your seconded? Okay. It's been moved and seconded to approve the meeting minutes as amended. Is there any other discussion? Any other discussion? Any other discussion? Roll call on the motion. Yes. Michael, yes. Yes. Yes. Yes. Yes. Thomas, yes. Marcus Taylor, yes. Button, yes. Nine eyes, zero nays. Motion pass. Thank you very much. Uh, item four is old business. Any old business to bring forward? Yeah, there's no old business. No old business. Item five is new business. CP25-03, a petition of the city of Hammond Board of Public Works and Safety to reclassify property at 600 177th Street and 626 177th Street from C1 local commercial district to C4 general commercial in order to develop property for new uses in conjunction with the redevelopment plan. North sub area expansion area of the gateways redevelopment area. Uh chair would ask if the notification requirements have been met. Notification requirements have been met. Uh for the record, I just wanted to uh let the commissioners know that Janet and Rahan uh homeowner at 610 177 Street um made an inquiry, general inquiry as to what uses would be

allowed in uh C4 General Commercial District related to the resoning. Thank you, Mrs. Morris Smith. Uh so um I understand that uh Mr. Poland uh will be acting as the petitioner for this petition and so I would ask the commissioners if you have any objection to Mr. Poland acting as the petitioner in this case and as well as staff. No objections. Hearing none, Mr. Bowen, would you please present your petition on behalf of the Board of Public Works and Safety? Good evening. Um 6626 177th Street is uh located south of the Borman Expressway uh west of Kyan Avenue. Most people know it as the haunted house site. Um it also was originally the Indiana Botanical Gardens building. Um, the city of Hammond has recently acquired the property through eminent domain. The city also had expanded the gateways redevelopment area with what was referred to as the River North sub area expansion area to the Gateways redevelopment area. That plan talked about um changing the the commercial makeup of the area. Um it included not just the subject properties, but um some of the adjacent properties that are on the south side of 177 street and also there's a portion of um the street that's right at uh uh the intersection with Can Avenue. That segment of the street is called River Drive. Um

sometimes referred to as River North Drive. It includes the um where the bike trail lands on the west side of Kalan Avenue. Um and um includes the cell tower that's on the north side of River Drive, North River North Drive, which was previously owned by um the church that used to be on the south side of the street, but then the city acquired that when we acquired the church. And then there's two parcels um to the west of the subject property. uh one with the um billboard on it, a small parcel, and then another parcel to the west. The city intends to um well, the the the the creation of the redevelopment area, the creation of the acquisition are the first two steps in how um the city wants to go about developing this property. The reasoning to C4 from C1 to C4 is the third step. Um this is to um set all the things in place um to go out for RFP to look for um some new development opportunities for this property. The specifics are not defined yet at this point in time because we haven't gone to RFP yet, but we're trying to put everything in place um so that um it's the the information is is is consistent with with with the direction that we're going. Um the C4 zoning does open up um all of the uh permitted and conditional uses that are found in the four uh commercial zoning districts in the zoning ordinance. Um but when you look at the redevelopment plan, um it was intended to be um opening up more specifically for items of either commercial office development, retail development, maybe it's hotels. It's those are the things

that probably are going to be the language that will be targeted in the RFP. Um I guess I'll conclude that part of the report for the presentation unless there's any questions. Questions from the commissioners to Mr. Poland. A question from from me Brian. Um the remaining residual properties to the west are already uh C4 zoned. No actually expect them to remain in their current zoning. Yeah. Yeah. The Yeah, that's a good point. Um those two parcels that I mentioned to the to the west which would be the the billboard and then there's another large parcel that um is right next to the levy. Now they are still going to remain a C1. They are not party to this. Uh we do not own them. We have no, you know, we would not reszone something unless we had consent of the owner. Um and then the um similarly on the two parcels on the on the east of it, the the cell tower piece and the the bike trail piece are not a part of this petition. You know, we I've had some internal discussions that, you know, the uh um where the bike trail lands, maybe that's more of an S1 parcel. Um, and then I wasn't sure really what the cell tower would be, but I I think um um there's some opportunities there. Um when once we go further in the RFP, we'll just see how that kind of plays out. Thank you. Okay, there's nothing further. Thank you, Mr. Poland, for your time and your presentation. Uh next on the agenda, we'll open it up for public hearing. Uh so we would take uh comments from the audience or online. Uh if you would like to make a comment on this uh petition, I'd ask that you please sign your name

uh and address, state your name and address at the beginning of the your presentation and you may ask questions. uh would ask that you sort of limit it your time to specific uh thoughts and not come back to the same thought repetitively. And we won't be directly answering your questions as you make your presentation that we hope to be able to provide answers following your your comments. So uh we'd open it up for a public hearing if there's anyone wishing to speak on this. Sir, please approach the podium and lect turn and uh state your name and your address, please. Okay. My name is Kevin Kappo. Um I'm at 633 River Drive on the south side in Monster. And uh I've been there many years uh when it used to be an arboritum. um all of the neighbors there. Uh we were used to having the the protection of all the trees. Um the Reaper Realm building is directly behind my house. Our bedroom window basically looks into their second floor. Our concern um in this development because we understand development is important. It goes on. um are we going to have light protection, sound protection, uh privacy protection based on what's going in there? Um right now it's a very quiet residential neighborhood um except for a couple weekends a year. Um and and we've we've grown used to that. Um but again, so we're anything else will be, you know, new and add and uh detract from our quality of life. um undering two when to do the demolition is to make sure that um that building's old enough there's

probably a speestous other things in there to make sure that when it's uh demoed that all the proper precautions are taken. Uh the majority of the wind comes from that direction into towards our neighborhood for the majority of the year. So any dust from demolition construction will be coming our way. Um, I've heard many things. Uh, so we're not sure if it's restaurants, those are fairly low. If it's um office buildings, those are fairly high. If it's hotels, that would be kind of disruptive to the neighborhood. So, I would ask when you consider this um and I assume it will eventually go through that there be some protections for the neighborhood south to keep that as a a nice uh residential neighborhood instead of interfacing directly with uh commercial district. Again, I'm Kevin Cappo, 633 River Drive and Monster. Thank you, Mr. Campo, for your comments. Is there any other uh party that wishes to uh present uh comments regarding this petition? Any other comments? Anyone online on Zoom wishing to make comment on this petition? Okay, hearing none, I will close the public hearing portion of the meeting and would ask Mr. Poland if he would like to respond or if I can assist in responding to any of the comments that you've made. Sir, I'd give you that opportunity. Mr. Poland. Sure. Um not necessarily in any particular order. Uh from what I wrote down as the questions. Um is there um any light protection? Um we do have regulations in our zoning ordinance that uh restricts light from a site. Um, we measure it at uh 3-foot candles on the property line. Um, and we

also have regulations that any of the fixtures direct the light um onto the property and not let it spill over to um the the adjacent property. The um we also have landscape requirements that um are based on 10% of the parcel. Um it we they are flexible in the sense of what actual landscaping can occur but it you know isn't it can be a combination of trees uh grasses whatever you know those are things that are typically allowed. Um you didn't quite say this but I'm I'm going to say that you know we are going to make sure that the levy is not impacted in any negative way. Um that is certainly you know the army corps project you know everybody's you know pretty much aware of that and that um the uh you know there is a ament boundary in which nothing can um be anything nothing can be constructed in such a way that would undermine the the structure of the levy. Um that even goes to so far as to um making sure that plants don't grow into the levy and and then undermine it. Um as far as the demolition is concerned, you know, we follow all the statutory requirements for asbestous removal. Um in any of our projects, we have our own environmental management department with the in the city that um monitors that um through any of the permitting process to make sure that all regulations are followed um in accordance with the copal laws. Thank you, Mr. Poland. Uh, next on the agenda would be for Mr. Poland as staff to make a staff presentation and recommendation on the petition. Sure. Give me one second.

Um, all right. As far as a uh staff recommendation, um as indicated in the presentation, um this action is the next step following um through on the proposed plans that emanated from the River North sub area expansion area redevelopment plan and the eminent domain action. Um the the plan actually does recommend for the resoning um from the to C4. So, we're following suit with that. Um and then staff recommends that the plan commission forward the petition to the city council with a favorable recommendation. If the plan commission agrees with the recommendation, staff request that this report is adopted by the plan commission as preliminary findings effect. Questions for Mr. Poland as staff from the commissioners? Okay. I see Mr. Mr. Polling, you're asking for three separate motions, right? So, the chair would entertain a motion for the plan commission to follow through on the proposed plans that emanated from the river north sub area expansion area redevelopment plan and the eminent domain action. Actually, that that doesn't need to have a motion. Okay. You you just need the the next two. Chair would entertain a motion for the plan commission to forward this petition to the city council with a favorable recommendation. So move second. Moved by Commissioner Taylor, seconded by Councilman Spatali. Is there any discussion? Any discussion? Any discussion? Roll call on the motion. Dr. Brock, yes. Michael Dy, yes. Ronald Sims, yes. William Hutton, yes. Thomas Casmir, yes. Natali, yes. Thomas Stabverton, yes. Marcus Taylor, yes. Dean Button, yes. Nine eyes, zero

nays, zero abstensions. Motion passed. Chair would also entertain a motion to uh accept the staff report uh as a finding as a preliminary finding of fact. So move. Second. Moved by Commissioner Casemirzac, seconded by Commissioner Taylor. Is there any discussion? Any discussion? Any discussion? Roll call on the motion. Roger. Yes. Michael Dy. Yes. Ronald Sims, yes. William Hutton, yes. Thomas Casmir Zach, yes. Dance Fatali, yes. Thomas Dverton, yes. Marcus Taylor, yes. Dean Button, yes. Nine eyes, zero nays, zero abstensions. Motion passed. Thank you very much. Um U Mr. Chairman, if I may, um Councilman Spatali, yes. Um I reached out to uh Councilman Emerson u today to ask him to be the sponsor on the ordinance to reszone. He did not um get back to me. And if if I may ask, would you uh be willing to be put on as the sponsor to the ordinance and then um you know if I hear from Mr. Emerson before we submit to the council, we'll certainly put both names on there. Are you going to call back again or I'm all right now? I'm sorry. Say that again. Are you going to go back to him again? Yeah, I sent him an email. I tried to call him, but uh I didn't get through to him. So, okay. Thank you, Councilman Spatali. Appreciate your assistance. Next item on the agenda is CP25-04, determination of fencing requirements pursuant to zoning ordinance 8514, title section 22.20 for provisions regarding containment control fencing around

playfields. Uh chair would ask if the notification requirements have been met. Yes. Thank you very much. Uh the chair would ask uh the commissioners if they foresee any problem with Mr. Poland acting as both the petitioner and staff. Any objection? Any objection? Hearing none, Mr. Poland, you may start your presentation. Good evening again. Um Mr. Button and I have been working with a developer or engineers on a project that are is looking at um some work that are is going to go on at the old YMCA. And what they're proposing to do is to put together or put set up a um and you're going have to help me with some of the terminology because my brains went just went blank, but um these outdoor sports facilities um a soccer facility I think what it was. Two soccer and one sport court. Right. Okay. And um because of the nature of those facilities, they're proposing to have this these fences around it uh containment fences uh that is intended to keep the balls in place so the balls don't get across the street. Don't whatever. Um and those fences can be upwards of 12 feet. They can be upwards of I think at the back stops or whatever those things were at the end of the the goal areas of the soccer field they were showing up you know potentially up to 20 feet with that information and we

started looking at the zoning ordinance and we kind of found that some of the language in the zoning ordinance didn't really adequately address this and um even though we have these fields all over the city um and you know back stops and go, you know, not really goal post, but you know, the any of those types of things that occur to tennis courts, that's the one I was looking for. Tennis courts, all these are higher than the normally allowed, um, 4 foot or 6 foot or 8 foot fences that we we have. And so, um, in preparation of ultimately writing an amendment to the zoning ordinance, and I and I've, if you recall, I've done this a couple of times. I'm just seeking a determination on creating a new regulation um in which um ultimately would be amended to the zoning ordinance but it's just to set an idea of how we are going to um manage this in order to kind of keep the permit process going forward. um a ladder um through the um assistance of their consultant, the wise consultant um looked into um a variety of what are the sources, what are the ruling and bodies of any type of sports field and those are attached to the back of the report in which um trying to glean out what those authoritative sources are. And so um that has been identified under the staff proposal language as what some of those um agencies could be. Um you know in particular there's the urban soccer park organization. They also have ties to FIFA which is the international governing uh association for even though

they say football they do we mean soccer they call it football. Um, it could be the Indiana high school athletic association. Um, it could be building codes in general. Um, there's other authoritative source sources, you know, ANIE, a ASM, and then, um, a, uh, a tennis federation. Doesn't mean that there aren't others. um because that's where um the the proverbial language of our similar authorities comes in because I'm sure there are others out there that that we weren't aware of, but it was trying to give an idea of what those authoritative sources are. Um and that would end the presentation. Are there any questions? Questions for uh from the commissioners uh to Mr. Pollenz petitioner. Okay. Thank you very much, Mr. Poland. Uh, now we'll open it up for a public hearing. Uh, on the petition, there's anyone in the audience wishing to speak on this petition, I'd ask that you sign in. Uh, state with your name and address. State your name and address. keep your presentation uh concise, to the point, and uh so I take any uh public comment at this time. Anyone wishing to address the commission regarding this petition? Anyone wishing to address the petition at uh commission at this time on this petition? Hearing none, I'll close the public hearing. I'll turn it back over to you, Mr. Paul and his staff to make a staff report and recommendation. Sure. Um I need to start out by making a couple of technical corrections to the staff report. Um in the title of the report um

it says title XX which means 20. It should should be XXI which is 22. And then um on the second page um and this was kind of born out of discussion with uh with Mr. button today. Um that uh um changing the minimum setback um of 10 ft to 5T from the right of way and that's uh you know we we you know a lot of discussion about what what the the development is showing and and what makes the most sense. Um and and so that's where that reduction is coming from. But it is also important to note that uh the regula the the proposed language is referring to the corner vision obstruction. So u we don't have we want to make sure that the placement of these outdoor sports facilities and their containment um would not cause any visual obstruction to anybody at an intersection. Um, that being said, staff recommen recommends for the plan commission to determine there's another correction that the proposed fence and containment for outdoor sports facilities provisions are accepted and direct the staff to prepare an amendment to the zoning ordinance for a new section 22.19 or other section number as may be determined. Um then if the plan commission agrees with the recommendation, the staff request that this report be adopted by the plan commission as preliminary findings effect. Thank you, Mr. Poland. Questions from the commissioners to uh Mr. Paul and his staff. Questions to Mr. Poland. Hearing none, the chair would entertain a motion for the plan commission uh to determine that the proposed fence and containment for outdoor sports

facility provisions are accepted and direct the staff to prepare an amendment to the zoning ordinance for a new section 22.19 or other section number as may be determined. Thank you, Mr. Dbertton. Thank you, Mr. Taylor. Moved by uh Commissioner Davidton, seconded by Commissioner Taylor. Is there any discussion? Any discussion? Any discussion? Roll call on the motion. Roger Brock, yes. Michael Dye, yes. Ronald Sims, yes. William Hutton, yes. Thomas Casmir, yes. Dan Vitali, yes. Thomas Dverton, yes. Marcus Taylor, yes. Dean Button, yes. Nine eyes, zero nays, zero extensions. Motion pass. Uh, chair would also entertain a motion to adopt the staff report as a preliminary finding of fact as amended. So, thank you, M. Uh, Commissioner Kazir Mirzac. Is there a second? Second. Seconded by Commissioner Taylor. It's been moved and properly seconded to uh recommend that this staff report be a preliminary finding of fact as amended. Is there any discussion? Any discussion? Any discussion? Roll call on the motion. Roger Bry, yes. Michael Dye, yes. Ronald Sims, yes. William Hutton, yes. Thomas Casmirzac, yes. Dan Vitali, yes. Thomas Dabberton, yes. Marcus Taylor, yes. Dane Button, yes. Nine eyes, zero nays, zero extension. Motion pass. Thank you. And thank you to the commissioners. Next item on the agenda, I guess I should ask, is there any other new business? Uh, no new or new business. Thank you. Uh, item six is correspondence. No correspondence. Item seven is commissioner's comments.

Awfully quiet tonight. Thank you. Uh, item eight is staff comments. Um, at this point I do not anticipate a June plan commission meeting. Thank you, Mr. Poland. Uh, item nine is public comment. Is there anyone in the audience wishing to make a comment to the plan commission? Yes, Mr. Campo, still at 633 River Drive. Um, three quick things. One, thank you for the opportunity to uh come here and discuss my point of view. Um, a request, we only had like seven days. I was on vacation, just got the notice this weekend. if you could do a two week one that would be a little better unless I can someday get a two week vacation but thank you. So just a point there. Um and then the last thing that wasn't addressed is the noise from HVAC, trucks, and some other things um when they're doing construction and improvements if that's included. I've worked in industry a long time and I know that uh sometimes can be really loud with uh larger HVAC systems. So just include that when you're doing a development plan. Thank you. Thank you for your comments. Thank you. Any other public comment? Any other public comment? Hearing none, uh, chair would entertain a motion to adjurnn. I'll make that motion. Moved by Commissioner Hutton, seconded by Commissioner Dverton. All in favor signify by saying I. I. aligned.