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image of a view looking north of the site, and another looking west across Elmer, looking east <br />across the alley, and then the site plan. He stated that the bill came to Committee from the Area <br />Plan Commission with a favorable recommendation. Rezoning of this property will allow for the <br />expansion of an existing business, with appropriate buffering and appearance to the architecture. <br />The proposed expansion will be a responsible asset to the neighborhood. <br />Committeemember Gavin Ferlic made a motion to send Bill No. 54 -16 to the Common Council <br />with a favorable recommendation and Committeemember Jo Broden seconded, which carried by <br />a voice vote of four (4) ayes. <br />Substitute Bill No. 41 -16 — Commerce Center PUD Rezoning at 401 E. Colfax <br />9 <br />The Committee was handed papers by Committeemember Jo Broden composed by the Office of <br />the City Clerk. Clerk Fowler explained that the paper listed all the items in the Dropbox relating <br />to this bill that have been received by the Office of the City Clerk. Committemember Jo Broden <br />stated, I had asked for this to be generated just as a reflection of what is in the record with regard <br />to this particular development. As Councilmembers, we are obviously asked to make decisions <br />based on the record and also in precedent. The uniqueness of the request of this petition, I think, <br />merits a solid review of the documents in the history. <br />Council Attorney Kathleen Cekanski - Farrand stated, Under Indiana State Law, the Common <br />Council has ninety (90) days from the date that the certification letter was heard. The Council's <br />ninety (90) day period starts from September 21St, 2016. <br />There was discussion regarding whether or not there were any other timelines to pay attention to. <br />Council Attorney Cekanski- Farrand stated that there weren't. Committeemember Jo Broden <br />stated that as this was a Regional Cities project, there were deadlines associated with it. <br />Committeemember Oliver Davis stated that, given the fact that this request is different from the <br />other ones they have to deal with —as they would be effectively setting a precedent if they vote <br />in favor of the bill —the Committee wants to make sure that everything is in order. It is for that <br />reason that the Committee has taken its time to clarify everything. He ensured that so long as he <br />is Chair, that the Committee of Zoning and Annexation would do its due diligence. He urged the <br />petitioner to not give the same presentation they did for Area Plan, or previously to the <br />Committee. He requested that new information be presented to the Committee. <br />Angela Smith, Area Plan Commission, with offices on the 11th Floor of the County -City <br />Building, served as presenter of this bill. She stated that the only things she wanted to cover were <br />items handled at the special meeting that the whole Council may not have been present for. She <br />presented still images, generated by a computer simulation, that illustrated the sort of shadows <br />cast by the proposed building —at a height of one - hundred and seventy -five (175) feet —at a <br />given time of day. The days depicted were the vernal equinox, summer solstice, autumnal <br />equinox, and winter solstice. She stated, The only other item we covered at the larger meeting <br />had to do with the PUD district ordinance and the history of that. We have had a large number of <br />PUDs come through the City of South Bend after the adoption of the 2004 zoning ordinance. The <br />Plan Commission and the Council are kind of asking, "Why are there so many ?" We did an <br />11 <br />