06-25-18 Zoning and Annexation - Laserfiche WebLink

Home Browse Search

®CITY OF SOUTH BEND I OFFICE OF THE CLERK Ms. Smith handed out copies of the written commitments which are available in the City Clerk's Office. Ms. Smith stated, The majority of the presentation was already given to the Committee so I won't repeat the details in the land-use of the property. Committee Chair Davis interrupted, Let me guide you in a sense that there were some questions regarding the fact that your decision was based on a plan that has not been approved. So that was a lot of concern. Can you address that? Was your decision based on that plan? And then how did you all come up with the written commitments? Ms. Smith stated, If you have your packet and look at the staff report, our recommendation was actually based on the City Plan which is the adopted plan. That is what we reference in terms of the comprehensive plan. We do reference another plan but our recommendation was based on the adopted Comprehensive Plan by the City Council. You can see here (referencing a presentation available in the City Clerk's Office) that you have a consistent block that is zoned LB, Local Business. You have a Mixed-Use across the street. We look at the City Plan but then also look at the other criteria as well. Our recommendation was based on the South East Plan. We have a comprehensive look at what is going on in the area. The 2006 City Plan is what we reference as the comprehensive plan for our recommendation. This has to do with improving the character of entry ways and ensuring the coordination of land-uses among the adjacent lands and surrounding property. So the recommendation was not based on the plan that was referenced. We do look at other plans but it was not the basis for our recommendation. In terms of the written commitments, they have to do with the Department of Community Investment's recommendation. It says if the Council chooses to approve this,they have design suggestions to be sure this will actually beautify the corridor. The petitioner still has to go back to the Board of Zoning Appeals. You do not have authority to grant them variances on landscaping so the Board may take this into consideration. But all the things in the written commitments need to go back to the Board of Zoning Appeals for approval. Ultimately, even if land uses change, the Board can choose to either uphold the Ordinance or make them comply with the commitments. Committee Chair Davis asked, Is the past practice on this where they approve it first and then it comes to us? Or they approve it and it never comes to us? Ms. Smith replied, The land-use is always going to come to you. So the fact they want to use it as a car lot always comes to you. We try to make it a combined public hearing to make it easier for the petitioner. The Plan Commission denied the variances which means they will have to wait six (6) months from that Plan Commission date to go back to the Board of Zoning Appeals. If the Council decides this is an appropriate land-use here,they will go back to the Area Board of Zoning Appeals and say Council thinks it is appropriate and propose landscaping to make that happen. Committee Chair Davis asked, When did these commitments come up? Ms. Smith replied, Within the last week? Committee Chair Davis followed up, So this did not go before Area Plan or any of those other kinds of things? EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld I South Bend,Indiana 46601 p 574.235.9221If574.235.9173 ITTD574.235.5567Ivwdw.southbendin.gov 6