04-09-18 Zoning and Annexation - Laserfiche WebLink

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®CITY OF SOUTH BEND I OFFICE OF THE CLERK is what we want for the women on the West Side. It is a very specific grant and if we don't locate there, those persons are not giving us permission to locate somewhere else. Number three (3) it is like McDonalds locating next to Wendy's or CVS next to Walgreens, there is a critical mass that business dictates that must be considered. That is another consideration.Number four(4) is that it is on a major street. There is a bus service nearby. It is easy access via Lincoln Way and it met all the criteria we thought would make sense. Finally, us being there is going to be a whole lot better than someone else who wants to use it as a staging ground for protesting,which wouldn't be good for anybody. Councilmember Sharon L. McBride stated, My only comment is my disappointment of being informed you will be closing the location on Chapin. There are people still there that still need service, specifically minority and low income. To me it is a little disheartening to take away services from so many families in that area. Mr. Nussbaum replied, We are not going to take away services. Our Chapin Clinic is challenged because it is not nearly as nice. We want to be able to provide even more services. There are those that give those services that could answer your comment better than I. Committeemember Broden asked, You had mentioned the definition for spot zoning, would you mind going over that again please?And as a follow up, I would like a definition of Office Buffer. The request is for Office Buffer in regards to strong development planning. How does that fit in the mix? Mr.Nussbaum replied,It is in the case Bruce C. Scalabrino et. al.vs.the Town of Michiana Shores and Joanne Lewis. It is in the Indiana Court of Appeals and was decided back in 2009. In it the court says on page fifteen(15) of the decision spot zoning is, `...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.' It also goes on to say that, `Spot zoning is not illegal,per se, in Indiana. Rather, we must consider whether the zoning action bears a rational relation to the public health, safety, morals, convenience or general welfare.' Ms. Smith replied, The Office Buffer District in the intent section states it, `...is established to promote the development of small scale office, professional business, governmental and quasi- governmental uses since the type of permitted uses in the OB District are typically less commercial in appearance and architecturally more harmonious with residential structures. This District can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments.' One (1) such standard, for instance, is a cap on square footage of how large a business in OB can be. Committeemember Broden followed up,How does that generally relate to a typical street in South Bend? Ms. Smith replied, A lot of times you'll see, for instance on Ironwood near Edison, a portion such as an insurance office where they were transitioning from the more intense commercial node at the corner of Ironwood and Edison. Typically you'll see it as you move from the nodes out. You may 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 If 574.235.9173 1 TTD574.235.5567 I www.southbendin.gov 9