Frustrations grow after Legacy Village hearing postponed again

by Troy Kehoe (tkehoe@wsbt.com)

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Legacy Village Student Housing

This land near Notre Dame is the proposed site for a student housing development. (WSBT photo)

By WSBT News1

ST. JOSEPH COUNTY — Frustrations continued to grow from dozens of neighbors after a scheduled public hearing on a hotly debated proposal to build new student housing near Notre Dame was delayed for the second time Tuesday night.

Chicago suburban based developer Robert Cimala, a Notre Dame alum, wants to build a 10 unit development that would house 60 students. He calls the project "Legacy Village," and wants to build it just north of the Little Flower Catholic Church on Ironwood Drive.

The property is currently zoned as single family residential. Cimala is seeking to have that changed to a planned unit development or PUD.

That request was scheduled to go before the St. Joseph County Council in early June, but was tabled at Cimala's request so the proposal could be reworked to accommodate neighbors' concerns.

About 60 of those same neighbors showed up to Tuesday night's meeting, led by Father Neil Ryan of Little Flower Catholic Church. WSBT caught up with Ryan a few hours before the meeting, as he was out doing his homework for the meeting.

"You have to widen every road back here," he said, walking the access road behind the church. "At the most, it's 19.5 feet wide. This road is just chip and seal. It just crumbles away! He has 98 parking spaces. We're anticipating those spaces will be full, at least on home football weekends. And they'll be ripping this up even more. No plans have been shown to improve this at all."

Father Ryan says his main concern is for the students who would move in to his neighborhood.

"The safety of those residents is our main issue," he said. "He has nothing for them once they leave his property. It's very dangerous, and that's what he's never taken into consideration."

They were rallying points for Ryan and his neighbors and parishioners; fired up and ready for a fight.

"It's time for us to take our neighborhood back," said Ruthanne Brown, eliciting shouts of approval from the crowd gathered behind her.

But 20 minutes before the bell was set to ring for the fight, the standing room only crowd at the County-City building got the news, that the issue had been pulled off the agenda at Cimala's request.

The whole crowd got up at once to leave, the frustration clear on their faces.

Cimala's attorney Stephen Studer wouldn't say why he'd requested the delay.

"There's some circumstances that we're not able to talk about right now, that asked that we ask to keep this in committee," he said.

A handful of the project's supporters say it's because Cimala was unable to attend.

"I'm all for the project," said Dr. David Mahoney, a dentist whose home and practice are both just a few hundred yards from the proposed development site. "I'm friends with the developer. He called me, and he's from Chicago. He's got back problems. He's on all kinds of medication."

"Everybody seems to think we're trying to buy somebody's vote with this. He can't even walk up the stairs to present his point of view on it," Mahoney continued.

The lack of a formal debate didn't stop one from breaking out in the hallway anyway.

The project was scaled back to just 10 buildings housing 60 students, said Studer. Balconies have also been removed. The original proposal called for 13 buildings for 104 students. Primary access for the development would also be from Douglas Road, and not Ironwood Drive.

Many neighbors said while the changes are an improvement, they don't address student safety and the potential for unruly behavior.

"We have students in our neighborhood now," said Brown. "We know what the problems are. We don't need anymore problems."

Others said the project's location hadn't been thought through.

"The developer should be responsible for paving the road to at least 27 feet wide, like the other major roads are here, and adding more lighting," said Father Ryan. "This is just a problem waiting to happen. Only one car can fit by at a time. And if there's a bicycle or someone walking? Someone has to dive into a bush to keep from being killed!"

Studer says traffic studies show the housing would only add six to seven cars per hour, and the current roads can handle that. He says the developer is not willing to make improvements.

"You can't expect a developer to come in and spend $3 million to $4 million of private capital, not asking for tax abatements or any special treatment, and also redo county roads," he said.

Studer also says the project would mean a huge boost to the county's tax base.

"With trending, we're looking somewhere between $800,000 to $1 million dollars over the next ten years in property taxes to this property alone. That all goes to the county."

"Your tax [gains] go right out the window when you have to do all that roadwork," argued Ryan. "He may have a good idea, but take it somewhere else."

They are all familiar arguments and for now, it appears they'll continue as both sides prepare to do battle another day.

"We had about 40 presentations prepared in advance for this meeting," said Marty McKiernan, who also lives close to the proposed project site. "That number will go up each time there's a delay."

"[This isn't going to stop us,] said Brown. "It's going to make us even more determined."

The public hearing has been tentatively rescheduled for August 12.

Friday, Jul 11 at 8:34 PM Taxes? wrote ...

Want to hear something funny? Little Flower Church land is assessed at over 3 million dollars...and they pay ZERO taxes on it. How about they pay taxes for those road improvements since the Reverand Ryan says the streets behind his church are so dangerous. Tell the truth Reverand...it isn't the streets, or the woods, or anything other than the fact that you have some extreme dislike of ND students!

Thursday, Jul 10 at 8:58 PM More More wrote ...

Father Ryan has said he doesn't want students living anywhere near the church. He has talked the church folk into making silly arguments against the development, like drainage, traffic, and crime issues. Because the city wasn't paying enough attention to him, Ryan is stirring up the local homeowners, telling them how bad traffic will be and that the poor animals will have nowhere to go. This guy seems to dislike ND students a lot, and If I had kids at ND I would find Ryans comments insulting.

Thursday, Jul 10 at 8:51 PM More wrote ...

G, you will be interested in knowing that Notre Dame was going to buy this property, but Bob Cimala got it first. People keep talking about ND and I'm telling you that they have NOTHING to do with this developement...NOTHING. They aren't promoting it, paying for it, or doing anything for it. Mr. Cimala is an ND Grad who is investing in South Bend Indiana. The fact that Pastor Ryan at Little Flower doesn't want ND students living by his Church is the whole reason for the uproar.

Thursday, Jul 10 at 8:45 PM Bruce wrote ...

Anyone who thinks Notre Dame is all about education is naive...it is a business just like every other University. This project is NOT a notre dame project. The developer is a grad who wants to set up housing. Also, the land is privately owned and the owner can chop down every tree they want...without the approval of anyone, so stop talking like this project is going to make trees come down. The fact is that whoever owns a property controls the trees. Want tree-filled lots? Buy them!

Thursday, Jul 10 at 2:10 PM Peralta wrote ...

My name is Katie Peralta. I am a rising junior and plan to live at Legacy Village my senior year (2009-2010) with my friends. As a former resident of South Bend, I have nothing but the utmost respect for the community, as do my friends and future neighbors. We really want the same thing the rest of the community wants- a safe, comfortable place to live-- which happens to be close to campus. Can't we all just learn to live together peacefully?

Wednesday, Jul 9 at 11:48 PM G wrote ...

Since ND isn't exactly going to pack up and leave or shut down, then all the 1s saying that this town would be nothing without it should just hush. That school would be nothing without the community around it honestly. They need to build on the older golf course. Its already thier land, right smack dab on campus. Yet they want a fellow alum and contributor to get his sweet deal in a neighborhood that does not want the development. As for the students, mommy and daddy can get you another place.

Wednesday, Jul 9 at 12:11 PM Peace please wrote ...

I am also a student contracted to live in Legacy Village. I completely understand the concerns of the community. However, this is our community, too. Notre Dame is a beautiful campus, but it simply cannot house all of its students, and thus off campus housing is needed. There really aren't many options, especially nice ones. We are really depending on this community; it'll be very difficult to find different housing. We respect this community and its citizens and we simply request the same.

Wednesday, Jul 9 at 12:08 PM Progress? wrote ...

To "Stop Whining"...why is this considered progress? Destroying wildlife habitat to put up more student housing? Sounds like regress to me. South Bend would be much better off had a state school landed here, instead of some snobby, separatist, elitist weekend camp for rich kids that calls itself an educational institution. Notre Dame,IN says it all ...they've never wanted to be part of the community here, and have rarely considered what's best for the community when making policy decisions!

Wednesday, Jul 9 at 11:50 AM Anonymous wrote ...

I am a student that is contracted to live in Legacy Village, and it will be difficult to find another quality place to house my friends and I as this really needed to be done last year. This is not the fault of the neighbors or the church but we are really banking on this and have nothing but the interest to respect the area. We are not all unruly college kids planning to throw obscene parties! We just want a nice place to live in a safe area.

Wednesday, Jul 9 at 11:17 AM Becky wrote ...

The objectors to this project might want to think about the amount of money this community gets thru Notre Dame and the visitors it attracts.I can honestly say there are some projects that originally did not agree with when they were first proposed,but once they have been completed they have been good for the community,so stop the whining and quit complaining about progress.

Wednesday, Jul 9 at 9:59 AM Stop Whining wrote ...

Remember if it wasn't for the Students and the University of Notre Dame, South Bend wouldn't be where it is today! So, stop whining and allow progress.

Wednesday, Jul 9 at 8:11 AM Bobbie wrote ...

To "Keep Whining" What disrespect towards the older people. Remember young person you'll be old same day too. Who said you couldn't enjoy college life....why does nature have to be ruined because ND has money? Seems to me the college is turning into a business instead of a beautiful campus it was noted for!

Wednesday, Jul 9 at 7:25 AM tax churches wrote ...

That's precious-a Priest talking about taxes! How come road work was not done say when the church was built or later on for safety reasons for those in the area now, so there has never been 2 cars on this road at the same time? Sorry Padre weak very weak.

Wednesday, Jul 9 at 7:16 AM Buddy wrote ...

A former student landlord, there is plenty of private student housing available near campus. Don't forget Eddy St. Commons..that's already destroyed how many acres of wildlife habitat?? And isn't ESC adding private housing targetted for students? Additional tax revenues? The city and the county need to spend less money..why look at downtown SB that's been rebuilt/remodelled over and over in the past 30 years..what a waste of OUR tax monies.

Tuesday, Jul 8 at 11:53 PM Keep Whining wrote ...

This is just example of how old people can't accept the young people of ND! Let the students live and enjoy their college life. You fools don't know crap about how it really is to be a student while I do!

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