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HomeMy WebLinkAbout01-09-17 Zoning and AnnexationOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING & ANNEXATION JANUARY 9.2017 3:33 P.M. Committee Members Present: Oliver J. Davis, Jo M. Broden, Gavin Ferlic John Voorde (absent) Other Council Present: Tim Scott, Karen White, Dr. David Varner, and Regina Williams Preston Others Present: Kareemah Fowler, Alkeyna Aldridge, Aladean DeRose, Adriana Rodriguez Agenda: Bill No. 71 -16- Alro Steel Rezoning at Brick Road & Ameritech Drive Substitute Bill No. 72 -16 – Shared Housing Text Amendment Bill No. 16 -89 – Coveleski Minor Special Exception Substitute Bill No. 16 -90- Requesting Annual Progress Reports on each neighborhood and development plan Bill No. 17 -04- Supporting the Commerce Center Development Council President Tim Scott called the meeting to order at 3:33 p.m. in lieu of Committee Chair Oliver Davis' tardiness. Committee Chair Davis arrived at 3:34 p.m. and proceeded to chair the Zoning & Annexation Committee with five (5) items on the agenda. He apologized for his tardiness and welcomed a presenter on Bill No. 71 -16 to the floor. Bill No. 71 -16- Alro Steel Rezoning at Brick Road & Ameritech Drive Angela Smith, Area Plan Commission (APC) Deputy Director, with offices on the 11th Floor of the County -City Building, introduced Bill No. 71 -16 stating that the petitioner's —Alro Steel's — intent is to rezone the property from LI to GB to utilize the property for truck repair and sales. The LI (Light Industrial) zoning classification does not allow for the intended uses. So, petitioner is down zoning to the GB (General Business) zoning classification. This petition comes from the 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendfN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH R. MOLNAR CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK APC with a favorable recommendation. Rezoning the property will allow for a business that is compatible with surrounding industrial land uses. Brian McMorrow of Abonmarche Consultants spoke on behalf of Alro Steel stating that the business employs thirty (30) people and has been in business in South Bend for approximately fifty (5 0) years. The hope is to grow an additional thirty (3 0) jobs. The petitioner believes the petitioned use is a driver for regional and national commerce and job development. Committee Chair Davis thanked the petitioner and opened the floor to public hearing. There were none present to speak in favor of or against Bill No. 71 -16, so Committee Chair Davis entertained a committee motion. Committee Member Gavin Ferlic made a motion to send Bill No. 71 -16 to the full Council with a favorable recommendation. The motion was seconded by Committee Chair Davis and passed unanimously. Substitute Bill No. 72 -16 – Shared Housing Text Amendment Angela Smith, Area Plan Commission (APC) Deputy Director, with offices on the 11 th Floor of the County -City Building, introduced Substitute Bill No. 72 -16 as a Council initiated text amendment to address the recent discussion of group housing in the CBD. The bill was amended in the APC to meet the intent of the petitioner in which we added a definition called "shared housing" – a definition which we borrowed from Lafayette, IN —a comparable city with similar goals to incentivize density in the CBD. The definition allows for no more than four (4) unrelated individuals per dwelling unit or no more than two (2) per bedroom. This petition comes from the APC with a favorable recommendation. The proposed amendment recognizes the demand for housing alternatives and promotes density in the CBD. Committee Chair Davis called for the petitioner on substitute Bill No. 72 -16. Committee Member Gavin Ferlic, served as the petitioner on Council initiated Bill No. 72 -16. Mr. Ferlic explained that this text amendment grew out of the recent discussion on group housing and intends to expand and promote density in the CBD by making shared housing a permitted use in the CBD without requiring the special exception process. Committee Member Jo M. Broden asked how the proposed text amendment differs from the earlier Council initiated group residence bill intended to close the group housing loop hole and protect SF (Single Family) residences within neighborhoods. Committee Member Gavin Ferlic, 1109 Duey Ave., briefly responded stating the proposed text amendment solely expanded the number of unrelated individuals within the CBD. So, the earlier enacted amendments would remain intact to protect SF (Single Family) districts within neighborhoods. 2 Committee Chair Davis opened the floor to public hearing. There were none present to speak in favor or against Substitute Bill No. 72 -16. Committee Chair Davis entertained a committee motion on the bill. Committee Member Ferlic made a motion send Substitute Bill 72 -16 to the full Council favorably. The motion was seconded by Committee Chair Davis and passed unanimously. Bill No. 16 -89 — Coveleski Minor Special Exception (Berlin Flats) Ayoka Paek, Zoning & Business Services Administrator with the Building Department with offices located at 125 S. Lafayette Blvd. The petition comes with a favorable recommendation from the Area Board of Zoning Appeals (BZA). It allows residential uses in the CBD at the southwest corner of Western and Lafayette near Four Winds Field. The application also contains the approval of several variances related to parking space sizes, landscaping requirements, and minimum setbacks. There were no members of the community present at the public hearing to speak in remonstrance or in favor of the petition at the BZA meeting. Mrs. Paek ended by entertaining any committee questions. Committee Chair Davis welcomed the petitioner to the floor. J.B. Curry, 333 N. Pennsylvania St. (Indianapolis), TWG Development, partner of Andrew Berlin. The special use will allow them to bring more residences and commercial development downtown, and allow people to engage in and enjoy the ball park. Mr. Curry shared that they are enthusiastic about the project's potential and that they've had success with similar projects in other cities. Committee Chair Davis opened the floor for public hearing. There were none to speak in favor or against the petition. Committee Member Ferlic made a motion to send Bill No. 16 -89 favorably to the full Council. The motion was seconded by Committee Chair Davis and passed unanimously. Substitute Bill No. 16 -90- Requesting annual progress reports on each neighborhood and development plan Committee Chair Davis introduced Substitute Bill No. 16 -90 and iterated the need to follow up on development plans and to ensure that they are updated and reviewed on a consistent basis as we are ten (10) years into the City Comprehensive Plan. Council needs to have a relevant and comprehensive plan from which to base zoning and land use decisions. Bill Co- Sponsor, Council Member Karen White added this bill allows us to have current plans and a process to ensure that plans remain current. It is also important to outline the details of what Council expectations are regarding this resolution. Not only that, but to collaborate with administration, neighborhoods and relevant departments to ensure that the expectations are understood and-feasible. Bill Co- Sponsor, Committee Member Broden agreed and reiterated the importance of engaging neighborhood groups in further discussions and the importance of continuing to engage neighbors in the public process. She also asked where the responsibility lies in terms of actually making sure that Council expectations are met and that the work gets done. Council Member Tim Scott added to the discussion the importance of communicating with DCI and receiving feedback from the department. He wants to make sure that Council is not requesting something that City Planners are already doing. Committee Member Broden asked if we have capacity and staffing to make sure this work is done. James Mueller, Chief of Staff with the Office of the Mayor, offices on the 14th floor assured Council that the administration can make it work. Acting Council Attorney Aladean DeRose noted an error in the resolution's title and body, and proposed amendments to the title which would be filed with the City Clerk's Office before the evening public hearing. Council agreed with the necessary amendments and Committee Chair Davis opened the floor to public comment. Rolanda Hughes, 1029 Riverside Dr., came forward to speak in favor of the resolution. She reiterated Committee Member Broden's remarks on public engagement and that the neighbors should have a continued and sustained voice throughout the planning process. She reminded Council that the planning process is important to ensuring that residents have a stake in the development of their neighborhoods. Committee Chair Davis thanked Ms. Hughes for her comments and turned the floor to Council with no one else to add to public comment. Committee Member Gavin Ferlic made a motion to send Substitute Bill 16 -90 as amended to the full Council favorably. The motion was seconded by Committee Member Broden and carried unanimously. Bill No. 17 -04- Supporting the Commerce Center Development Council President and bill co- sponsor, Tim Scott, introduced Bill No. 17 -04 as a proud collaborative effort among Council, the administration and the developer to meet a compromise that that was win -win for all parties. He went on to share there were many options on the table, but still a ton of work that needed to be done to meet a compromise. The proposed resolution represents the hard work of parties on all sides and one that is a true give and take on both sides. He shared that many surrounding communities (e.g. Goshen and Elkhart) were ready to jump on the opportunity of a high rise building and grocery in their CBD that formerly looked like a missed opportunity for South Bend. rd Committee Member Broden interjected a point of clarification and suggested the Regional Cities Grant proposal is tied to this community and riverfront. Council President Scott clarified that it is a regional opportunity that could be forfeited to other neighboring communities. Committee Chair Davis assured the public that this resolution has in fact been a part of a large and continued public process regarding this project. He added, a Council meeting is not the proper setting to negotiate the details, but rather a space to propose a project that the public can weigh in on. Almost everyone, Committee Chair Davis asserted, wants this project to happen. This compromise opportunity is the best way to ensure that happens. Brian Pawlowski, Director of Community Investment, with offices on the 141' Floor of the County -City building shared details and highlights of the compromise. The compromise mainly addresses the height and reduces the project from one - hundred and forty -three (143) feet to one - hundred and twenty -seven (127) feet, as well as, a reduction in the width of the project to further reduce the building's foot print. Other key elements include additional public green space near the East Race, and more public investment to support the parking garage. Mr. Pawlowski went on to add the City will approach the Redevelopment Commission to add TIF investment to the project. He also discussed the timeline of events looking forward regarding the completion of the project. These public investments will ensure the viability of the project, bringing more roof tops and a grocery store to downtown. Mr. Pawlowski added that he's willing to answer any questions. Mr. Mueller briefly added that the Mayor's Office is in support of this compromise resolution. Councilmember Broden asked Mr. Pawlowski about the timing and viability of the project was moving forward. Mr. Pawlowski responded that there are many moving parts and assumptions being made here, but the project has to go through BZA, the Redevelopment Commission, and receive final approval from the Regional Cities Authority which would definitely extend close to the June 1 S` deadline. Committee Chair Davis opened the floor to Matthew's, LLC representative, Velvet Canada. Velvet Canada, Matthews LLC., 121 S. Niles Ave., added that Matthew's LLC is happy to have met a compromise that is a win -win for all parties. Council Member White shared her gratitude for the compromise resolution. She recalls the last Council meeting where various Councilmembers, including herself, asked that various stakeholders come together and bring Council a proposal that represented a compromise since most everyone wanted to see a grocery store and pharmacy in the downtown. She applauded their work and appreciates the effort. Council Member Dr. David Varner briefly added that he appreciates the work of all parties involved. Council Member Regina Williams- Preston also added that she appreciates the work. This is indeed the work that Council requested at the prior December meeting in which the PUD proposal failed, so she appreciates the work being done. She added there were many professional architects and planners that spoke or sent letters of remonstrance on the original PUD petition, she wonders where these professionals stand on this compromise bill. Councilmember Broden expressed intent to propose an amendment that would ensure more public engagement and input as the project progressed. Council President Scott interjected that he liked the proposed resolution as is and would be pushing a vote on the resolution as filed with City Clerk's Office. Committee Member Broden shared that she thinks the Council is putting the cart before the hourse, and doesn't agree with the Council completely usurping the planning process. As the 4th District representative, she wants to ensure that past and present residents, businesses and developers have an opportunity to share their vision and weigh in on the height restriction. In fact, perhaps the 4th District prefers the original twelve (12) stories. If in fact they did, it would represent a huge savings to the City. She also asked what the timeline would look like to develop an updated, expedited East Bank Plan in relation to the timeline presented by Mr. Pawlowski earlier. Also, if the height restriction is lifted, she added, how far into the East Bank would the new one - hundred and twenty -five (125) foot maximum height allowance extend? Brian Pawlowski shared that the planning process is long and tedious and given the tight deadline of the Regional Cities grant, it's important to push forward with project. It would take approximately three (3) months to update the plan, jeopardizing the Regional Cities grant. Mr. Mueller briefly reiterated that amending the East Bank Plan would simply take too long in light of the June 1St deadline. Council Member Broden asked APC Staff to speak to legal options moving forward in this prof ect. Larry Magliozzi, Director of APC with offices on the 10th floor of the County -City building, shared that there are two (2) legal remedies in moving forward with the proposed project. The first he shared was outlined by Brian Pawlowski which is to petition the BZA for the height variance. The second would be for the Council to amend the zoning ordinance and update the East Bank Plan. Both are legal options on the table regarding this project. Committee Member Davis opened the floor for public comment. Rolanda Hughes, 1025 N. Riverside Dr., spoke in staunch opposition of the proposed compromise bill stating that she felt the Council has bought a compromise. She is in favor of a proposal that values the planning process and acknowledges the Comprehensive Plan and the C democratic process that goes into creating one. Ms. Hughes would like the Council to consider the value of our democratic system, and argues the Council is choosing a route that doesn't value the voice of the people. With no further members of the public present to speak in favor or remonstrance, Committee Chair Davis entertained a motion on Bill No. 17 -04. Committee Member Gavin Ferlic made a motion to send Bill No. 17 -04 to full Council with a favorable recommendation. The motion was seconded and carried with a vote of two (2) ayes to one (1) nay by Committee Member Jo Broden. With no further business before the Committee, Committee Chair Oliver Davis adjourned the meeting at 4:43 p.m. Respectfully Olin Dai� Committee Chair 7