05-14-29 Council Minutes - Laserfiche WebLink

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REGULAR MEETING May 14, 2018 that is not peaceful for the community. However, the written commitments that are in place, I feel they are very strong and they give me comfort as well as the mission of the Women's Care Center. I will continue my position on this vote. However with that in mind, especially regarding the mission of the Women's Care Center, I certainly have an expectation that regardless of what happens with the vote tonight that the Women's Care Center will do everything in their power to ensure that the property is not used for any harassment or anything negative. That includes a property transfer. Any type of use should be true to that mission of loving and respecting women. Finally I would like to note that, once again, Council colleagues have had many discussions and the members not voting in favor of the rezone are not voting against the Women's Care Center. This is not opposing an organization. There are five (5)zoning criteria that every Council Member needs to take a look at and make their own interpretation. I certainly respect the opinions of all the Council Members both those voting in favor and against this petition. Myself personally, with the written commitments and the mission of the Women's Care Center, I do feel comfortable with the rezone and I will be supporting this. Councilmember Jo M. Broden stated, I've actually prepared some statements that will get to some of the basic arguments that were offered by the opinion of our Chief Executive. First and foremost, the Council and our Community should be able to rely upon and trust the opinion of the Mayor's professional planning team and the planning process which informs those decisions. The opinions they have rendered to the South Bend Common Council,they being the Department of Community Investment, have never been restricted to questions of mere density or any other narrow consideration as stated in the Mayor's letter to Council. It would be atypical of these professionals, again, within our Department of Community Investment, to offer an opinion that did not look at the broader criteria. Logically, it does not align with their role they serve relative to the Area Plan Commission, from which this petition originated. The Council, who by State Statute, must tie our decisions to the five (5) rezoning criteria. All total, our planning staff rendered an opinion on this rezoning, put it in writing, and allowed it to be heard in a public hearing, no less than seven (7) times. Councilmember Jo M. Broden continued, Their opinion is unmistakably clear, and on the record, seven (7) times. It reads in its entirety, `Community Investment offers a favorable recommendation. The future land plan in the West Side Main Streets Plan designates this parcel as the western most parcel in the Bendix Node. Thus, a use more intense than Single-Family Residential would be appropriate.' The opinion significantly continues, `and the proposed Office- Buffer zoning would provide a transition from Single-Family Residential parcels to the west to the suburban commercial uses to the east.' The veto letter which we received as a Council failed to encompass the most significant portion of the Department of Community Investment's opinion. Additionally, and maybe even more problematically, it disassociates the opinion from the broader planning document that was operationalized in 2015 known as the West Side Main Streets Plan. That plan was approved unanimously by the Area Plan Commission. It was approved by the South Bend Common Council and, subsequently, was approved and signed by our Mayor. Councilmember Jo M. Broden went on, The plan's purpose is a market-based, strategic revitalization plan for Lincoln Way West and the Western Avenue corridors. It is to restore the historical walkable development pattern, allowing Lincoln Way West and Western to reassert themselves as vital, primary streets and to give life to the neighborhoods that they run through. Additionally, it provides short, medium and long strategies for these corridors. It has a detailed implementation plan as well as a matrix of activities to occur in the first five (5) years. I remind you all, this plan was operationalized in 2015. It includes the matrix of activities to occur in the first five (5) years. Among those are zoning changes. Through the City budget that we approve and have approved at least during my tenure and previous to my tenure, the Tax Incremental Finance Districts, that we have chosen to realign, have brought resources to these corridors. We were told at that time by the same planning staff that adopting the West Side Main Streets Plan as an amendment to the City Plan will set a clear land-use policy as well as set expectations for development along the corridors. Councilmember Jo M. Broden continued, This request fits the plan in form and indeed considers the vitality of the neighborhood. If the Council or the Community can't rely on the Department of Community Investment or gets blindsided well after the public discourse is closed, as to the 4