04-09-18 Zoning and Annexation - Laserfiche WebLink

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®CITY OF SOUTH BEND I OFFICE OF THE CLERK that. That is not necessary. The last thing I wanted to point out to you is on the third page, there is a picture of some protestors that are taking place in Kentucky. We don't have any place in Kentucky. This picture is trying to lump us into other organizations. We don't do that, we don't support that group. This is not the Women's Care Center that is being portrayed in this picture. On the next page, the first paragraph has a sentence that says the property 3527 Lincoln Way West falls in a residential area between the Sheridan and Bendix Nodes. They included the map that we have included in our presentation. Our property is not in the yellow, it is in the blue, as I showed you earlier. So when they say the 2014 commercial corridors plan would not support the rezoning of the property, that is not true either. The 2014 commercials corridor plan does support this rezoning. Beneath the map on page.four(4) it talks about what was in the plan. I read to you what is exactly from the plan. The conclusions they are reaching are based upon the premise this property is located between the nodes. It is not located between the nodes, it is located in the Bendix Nodes. Mr.Nussbaum continued, The last set of documents that I provided you has a picture on the front of it. Under the picture, the caption says `Graphic picket signs line South College Avenue in Bloomington between Women's Care Center and Planned Parenthood.' That is not Bloomington. The second page is a picture of Planned Parenthood Bloomington Health Center next to the Women's Care Center. As you can see, it is a very nice tree lined area. If you compare that picture to the actual site, they aren't even close. What is really important for you to look at in the picture saying it is graphic picket signs is that there is a Penske sign located in the picture. There is no Penske sign located in the second picture. The third picture provided to you is another view of South College Avenue from a different perspective and there is no Penske sign. There is another taken at 2212 South Yost Avenue and there is a Penske sign there but that is three point one (3.1) miles away from the Bloomington site they are saying was the site of the protestors. There is another Penske sign that is at 115 West First Street and that is in the fourth picture. Then there is a sign where there is a picture of 701 College Avenue which is a different perspective. 115 West First and 701 College Avenue are parallel to one another. There is a Penske sign there but it isn't the one (1) in the graphic pictures. A lot of trouble has been gone through to try and provide you information that shows that we are protesting areas that have women's reproductive right services that are different than the ones we provide. That is not true. It is not true. Our thirty-five (35) year history shows that it is not true. The evidence you have been provided shows that is not true. What troubles us more than anything else is that we reached out to these folks and we told them in the letters we sent that we don't do that. Yet in earlyApril, they are sending you this research paper that says exactly the opposite. That is unfair to us because it has raised a whole lot of concerns in your minds about the safety problem. There will not be a safety problem. I would ask you to not consider that in your decision. And if you do consider that,that is fine, because it is not true. Mr. Nussbaum went on, There has been some concern that this might be considered spot zoning. I went back and did a little research and I provided the Council with a case that was decided by the Indiana Court of Appeals in 2009 involving a case that occurred over in the town of Michigan Shores. In that case,the Court of Appeals talked about spot zoning. They define spot zoning as the singling out of one (1) piece of property for different treatment from that afforded to similar surrounding land which is indistinguishable from it and its character, all for the economic benefit of the owner of the lot or areas singled out. There are two(2)things about that definition that don't apply to our petition. Number one (1), there is similarly situated zoned land immediately to the East that is zoned OB. There is a lot of other commercial zoning nearby. Secondly, this isn't for just our economic benefit. This is for the benefit of the women who use our services. They are EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld i South Bend,Indiana 466011 p 574.235.9221 f574.235.9173 ITTD574.235.5567 1www.southbendin.gov 7