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REGULAR MEETING April 9, 2018
<br /> mandated by law to look at this as a strict zoning plan. So the focus is on the plans that are in place
<br /> that have been approved and if there is a question to the clarity as to what is captured within those
<br /> plans with regard to a residential stretch or Commercial Node, that clarity exists. It exists parcel
<br /> by parcel. What is captured in the Lincoln Way and West Side Corridor Plan is this property. It is
<br /> captured as a commercial higher use area than the residential that it is. The purpose of, in my
<br /> opinion, these planning documents are they allow us, when a petitioner comes up about this given
<br /> slice of land, to look at it based on what we have collectively said with the comprehensive plan.
<br /> More recently, we must look at it as what is in the West Side Corridor Plan. I particularly like the
<br /> direction that past Councils and planning staff affords us, as we come to these seats, on good
<br /> planning principals. The commercial corridor for the node, by law, is within our plans and within
<br /> our statute that we have to look at and pay reasonable regard. We are mandated by law to look at
<br /> those plans. It captures not only this property but the gentlemen that presented and said he was
<br /> next door. It captures that property next door to that. So when folks who sat in these seats before
<br /> any of us, if you were a district representative with that plan, and I'm talking about with any of
<br /> these plans, the opportunity to shape those plans were as recent as 2014. So the plans are relevant
<br /> and our duty and our requirement is to pay reasonable attention to that comprehensive plan and
<br /> that smaller sub-plan, that neighborhood plan.
<br /> Councilmember Jo M. Broden continued, I guess I would like to say, and you all have probably
<br /> heard it before, but the reliance on those plans isn't just if we kind of like it. The reliance on these
<br /> plans begets investment decisions. I would say, especially Mr. Nussbaum, you've been around
<br /> quite a long time with your position, if you are making decisions about investing and buying
<br /> properties, you should look at these plans. That is not unique to you. And the burden is not to go
<br /> to our Department of Community Investment and ask if this is right because I trust those are
<br /> business decisions. An award winning organization or any other business that follows these
<br /> proceedings that come before our Council or the Area Plan Commission must rely on these plans
<br /> that we debate, have hearings on and approve as a community. We have staff on the City and
<br /> County level that look at this and informs us from a land use perspective. Is it reasonable that these
<br /> petitioners can come before us and have a reasonable expectation that this is an appropriate use for
<br /> this site?
<br /> Councilmember Jo M. Broden went on, The current conditions and character of current structures
<br /> in the district is one (1) of the criteria and when I go through those it is very difficult. Again, it is
<br /> not and if we were to look at this as a zoning issue, we have to look at it as purely a zoning issue.
<br /> So having said that,I will pause a little bit. The current conditions and character is the second point
<br /> up there. This is clearly within the Commercial Node. The whole corridor and area is a mix of
<br /> offices and small business and then highly commercial endeavors. So we have to ask ourselves if
<br /> this office use, regardless of the user, fit in this space. And the culmination, in my opinion, are,
<br /> and this is important because this is in my district as well that I have to consider, adjacent uses.
<br /> The very definition of Office Buffer is in the word. It serves as a buffer. That means you can have
<br /> commercial. You can have commercial again,high commercial, high commercial, you could have
<br /> a buffer, you can have another buffer and you can have another buffer. By definition, you are
<br /> separating yourself out from those commercial areas. The petitioner here has asked us if this is a
<br /> reasonable relationship. I will say it is a reasonable relationship not only for this but maybe more
<br /> importantly for all the other districts and the considerations we will have going forward.
<br /> Councilmember Jo M. Broden continued, We have to be able to stand on grounds that anybody
<br /> who comes to the City of South Bend and wants to start a business, an office next to another office
<br /> location, zoned office location, we better be able and prepared as a Council to say yes to that.
<br /> Otherwise in my opinion, my humble opinion, we might as well throw out all of the plans and
<br /> forget about investments and a future on our corridors. To me, that is not where we want to go.
<br /> The plan is a pathway and it will beget reasonable expectations by anybody in the City of South
<br /> Bend in any district including on Ironwood, on Lincoln Way East and on Western. We can't crack
<br /> this plan open and trash half of it. It is a plan and there have been considerable investments in my
<br /> opinion on Lincoln Way. You can start from the core out and I won't spend my time doing that
<br /> but there has been significant investment in this plan. If we like what is happening on Western, as
<br /> a Council, it is the same plan. It is the same policies, it is the same mission, it is the same goal it is
<br /> the same philosophy and that is residential and commercial, I hate the word Nodes, I'm going to
<br /> say clusters. So I don't want to crack up these plans and toss them because I see that they work.
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