HomeMy WebLinkAbout09-26-16 Zoning and AnnexationOFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
ZONING & ANNEXATION SEPTEMBER 26, 2016 4:08 P.M.
Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden
Other Council Present: Tim Scott, Dr. David Varner, Karen White,
Regina Williams- Preston, Randy Kelly (Late)
Others Present: Kareemah Fowler, Joseph Molnar,
Kathleen Cekanski - Farrand, Adriana Rodriguez
Agenda: Bill No. 40 -16 — Meghan Beeler Ct. Rezoning
Amended Bill No. 40 -16 — Commerce Center PUD
Rezoning at 401 E. Colfax
Committee Chair Oliver Davis called the Zoning and Annexation Committee to order with two
(2) bills on the agenda.
Bill No. 40 -16 — Meghan Beeler Ct. Rezoning
Keith Chapman, Area Plan Commission with offices on the 11th Floor of the County -City
Building, served as the presenter for this bill. The petitioner is requesting a zoning change from
Light Industrial to General Business District. Currently existing on site is a sales and service
building. To the north is a vacant lot, to the east a parking lot and to the south and west are
industrial buildings zoned Light Industrial. Mr. Chapman provided images of the site and a
Power Point presentation which are on file with the City Clerk's Office. This comes to the
Council from the Area Plan Commission with a favorable recommendation. Rezoning this
property to General Business will allow for an existing business to continue operations and
expand on site sales of motor vehicles which is a use compatible with the surrounding industrial
uses.
Councilmember Jo M. Broden asked about the landscape standards because the
recommendations and the variances that the petitioner is asking for seem to be in conflict.
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
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JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH MOLNAR
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Mr. Chapman responded that they were required to have perimeter landscaping all around the
site. Basically what we said is you need to have something along the front but they already have
the rest covered.
Garry Potts, Owner of Professional Permits with offices at 58171 Dragon Fly Court, Osceola, IN
representing Cook Land Group, represented the petitioner of this bill. The petitioner had
previously rented a building on Cleveland Rd. within the industrial park and in December
purchased a building and renovated it for the purposes of having an indoor showroom. They
provide vans and SUVs with lowered floors and other modifications for the handicap in order to
enable them to drive. They have remodeled the show room and also have some vehicles
outdoors. They thought they were okay with zoning but when they went to renew their dealer
license they found out the Light Industrial was insufficient.
No one from the public spoke either in favor of or in opposition to the bill.
Councilmember Gavin Ferlic made a motion to send Bill 40 -16 to the full Council with a
favorable recommendation. Councilmember John Voorde seconded the motion which carried by
a voice vote of four (4) ayes.
Councilmember Randy Kelly joined the meeting at 4:11 p.m.
Amended Bill No. 40 -16 — Commerce Center PUD Rezoning at 401 E. Colfax
Committeemember Gavin Ferlic made a motion to continue Bill 40 -16 to October 10th 2016.
Committeemember Jo M. Broden seconded the motion which carried by a voice vote of four (4)
ayes.
Committeemember Broden stated they are looking to schedule an informational meeting on this
bill and are waiting to hear back from Community Investment for the date. By tonight's meeting
we should have a firm date.
Committee Chair Davis stated at the Area Plan Commission meeting the Community Investment
Department wrote a letter stating they are in opposition but at the last public hearing portion they
said they are for it. Committee Chair Davis asked if the Council Attorney could send them a
letter asking for a detailed letter on why they are now in favor of the project. He also asked if
they would send a copy of that letter to Area Plan as well.
Council Attorney Cekanski- Farrand stated there is a text amendment that will be forthcoming
and may be filed as early as October 10th for First Reading. By state law it requires a majority of
the Council to be in support of it moving forward for procedural reasons only. It is a text
amendment to Title Twenty -One (21). She asked Committeemember Gavin Ferlic to provide
some more detail.
Committeemember Ferlic stated it is what we previously discussed in the Central Business
District. It allows more than two (2) unrelated people to live together to promote density. It
would be limited by the number of bedrooms and we are thinking of allowing up to four (4)
2
unrelated persons to live in the single dwelling unit as long as there are at least that many
bedrooms.
Council Attorney Cekanski- Farrand stated we just need a majority of the Council to move it
forward by state law to procedurally comply. This is to state that the Council is okay with a
Councilmember initiating a text amendment.
Committeemember Gavin Ferlic made a motion to comply with procedural compliance required
by state law that the Council is willing to move forward with this text amendment.
Committeemember John Voorde seconded the motion which carried by a voice vote of four (4)
ayes.
Angela Smith, Area Plan Commission with offices on the 11th Floor of the County -City
Building, stated that the minutes from the most recent meeting will be ready by the end of this
week.
With no her business before the Committee, Committee Chair Oliver Davis adjourned the
meeting at :2 m.
itted,