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HomeMy WebLinkAbout08-17 CBD Height text amendmentLAWRENCE P. MAGLIOZZI EES ECLI "I IN F. LI I F('i OR qPC Angela M. Smith AREA PLAN COMMISSION OF ST, j(DSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SoUTH HI: I), IFlIddl In Cift'310111 V171 Wednesday, February 22, 2017 1 F� EB 2 2 2017 The Honorable Council of the City of South Bend KAREEMAH FOWLER 4th Floor, County -City Building CITY CLERK, SOUTH BEND, IN South Bend, IN 46601 RE: A proposed ordinance of Common Council of the City of South Bend, Indiana, amending Chapter 21, Article 3, Section 21 -03 of the South Bend Municipal Code by adding a new Sub - Part- 21- 03,06(b)(4)(C) to increase the maximum building height permitted in CBD Districts located between the St. Joseph River and the East Race Waterway. Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on February 9, 2017. The Area Plan Commission at its public hearing on February 21, 2017, took the following action: Upon a motion by Adam DeVon, being seconded by Martin Madigan and carried, a proposed ordinance of Cot-ninon Council of the City of South Bend amending Chapter 21, Article 3, Section 21 -03 of the South Bend Municipal Code by adding a new Sub - Part- 21- 03.06(b)(4)(C) to increase the maximum building height permitted in CBD Districts located between the St. Joseph River and the East Race Waterway, is sent to the Common Council with a FAVORABLE recommendation. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerel , Lawrence P. Magliozzi Attachment SERVING ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE. NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W. S T 1 0 S E P H C 0 U N T Y I N O I A N A.0 O M I A R E A P L A N LAWRENCE P. MAGLIO221 LXr.UUTIVC UIRFCTOR Angela M. Smith 1) , putp 1)1rector AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JLFFERSON BLVD., ROOM 1140 CoUN -1.1" -CITY BUILDING, SOUTH BLVD, INDIANA 46601 (i74) 23 ; -9i71 February 22, 2017 South Bend Common Council 4" Floor, County -City Building South Bend, IN 46601 RE: Bill # 08 -17 Rezoning: APC #2812 -17 Text Amendment Dear Council Members: Filed in Clerk's Office FEB 2 2 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The Area Plan Commission held a public hearing on February 21, 2017 for the above reference petition. This petition is set for public hearing before the Common Council on Monday, February 27, 2017. Ordinance & Petition Amendments: No changes from First Reading Public Hearing Summary: There were 7 people that spoke in favor of the proposed text amendment. Those speaking in favor indicated that the neighborhood has changed since 2008 and the text amendment would allow the neighborhood to move forward with a project that would benefit the residents; people want development downtown and this would resolve the height issue; this project would benefit millennials and those without a car; it encourages flexibility and prosperity; it would allow for a grocery store and pharmacy downtown; it creates vibrancy of development; it allows people to work/live downtown; and it supports a Local community partner (Martins). There were 6 people that spoke in opposition to the proposed rezoning. Those speaking in opposition indicated a concern that this proposal would abandon a well- thought out plan to ailow the East Bank to serve as a transition from downtown, it's an attempt to bypass good planning, that it effectively creates a "spot zoning" on the island since the majority of the island is already constructed, concerns over the lack of financial feasibility study, lack of architectural feasibility study, increased traffic, and that the proposal would apply to the entire area (not just the Commerce Center) allowing for buildings that don't properly address size and massing. Letters of support and remonstrance are attached with the Certified Letter from the Area Plan Commission. If you have any further questions, please feel free to contact me at (574) 235 -9571 - Sincerely, M < Angela M. Smith Deputy Director CC: Adriana Rodriguez SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA & ROSELAND W W W. ST) OS E PH COUNTY I N D I ANA. CO MIA R E A P L A N Staff Report APC # 2812 -17 Owner: Common Council of the City of South Bend Location: Text Amendment Jurisdiction: City of South Bend Public Hearing Date: 2/21/2017 Requested Action: 2/9/2017 Filed in Clerk's Office FEB 2 2 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The petitioner is requesting a text amendment, amending Chapter 21, Article 3 of the South Bend Municipal Code to increase the allowable height of buildings within the Central Business District on what is commonly known as the Island. Staff Comments: The proposed amendment adds a new subsection that increases the maximum height for buildings located between the St. Joseph River and East Race waterway to 150', but maintains a maximum height of 60', or 5- stories, for properties zoned CBD that are east of the East Race Waterway. The maximum height allowed for CBD properties west of the river is unchanged. The staff continues to be concerned about the maximum allowable height of buildings zoned CBD east of the St. Joseph River. The Staff's position on this remains unchanged from two previous requests to substantially increase the existing allowable maximum height from 60' — the first as a part of the Commerce Center PUD rezoning request and the second as a height variance request. The Staff's position is based on the following actions: the adoption in 2004 of the zoning ordinance that established distinct height differences between the east and west sides of the river; the adoption of the East Bank Village Plan in 2008, and; the approval of two height variances by the Area Board of Zoning; and the lack of any new planning process seeking consensus on changes to the above mentioned plans. Adoption of the 2004 Zoning Ordinance — The adoption of the ordinance was a conscience decision to establish a different development character for the east bank area. Prior to 2004, the majority of the east bank was zoned with a maximum allowable height of 150', the same as the west bank. Contributing factors in establishing two maximum height standards was the height of the Commerce Center Building (60'), the lower density of the east bank area in general and the desire to maximize the use of the existing infrastructure, such as the parking garages, in the core downtown area. On a broad policy level basis, it is our opinion that those factors are still valid today. East Bank Village Plan —The East Bank Village Master Plan, Phase 1, adopted in 2008, was an amendment to City Plan, The Comprehensive Plan. The project narrative stated that: "The East Race area would greatly benefit froth having its own unique identity and should be re -named The East Bank Village (italics added). This branding of the neighborhood has exciting potential and should strengthen its identity as being independent of the Central Business District (italics added)." The combination of the preferred modeling concept and sample illustrations clearly indicate, in our opinion, that a APC 4 2812 -17 Page 1 of 2 Staff Report 2/9/2017 low- density concept was being championed by the 10 stakeholder groups that participated in the planning process. The plan emphasized the use of low to mid -rise buildings. This was a reaffirmation of the 60' height limit for the CBD District east of the St. Joseph River. Height Adjustments — Two variances were approved by the ABZA, one in 2013 for the Cascade project to 76' and one in 2015 for East Bank Flats (Sycamore and Colfax) for 70' The mechanical portions of the buildings were permitted to extend up to 90' and 78' respectively, but only to the extent necessary and shown on the plans. Both of these projects are located on the Island. These projects were granted approvals to exceed the 60' maximum height limit, but well below the proposed 150' maximum height limit. The threshold for mid -rise buildings is generally considered to be 75'. Recommendation: Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. Analysis: The proposed maximum height limit change for the CBD District east of the St. Joseph River is contrary to the place- building concepts adopted by the Zoning Ordinance, the East Bank Plan and the height adjustments approved by the Area Board of Zoning Appeals. The appropriate and responsible path in seeking such a dramatic change to the height requirements is to undertake a well - established public process to amend the East Bank Plan, and to let that suggest the best course of action. APC 4 2812 -17 Page 2 of 2 Page 1 of 1 Jennifer Parcell - Support of East Bank Island Zoning Change From: anna drew <annaryandrew @gmail.com> To: <JMCNAMARA @cost joseph.in.us >, <kathleendickinson @cressyeverett.com >, <... Date: 2/20/2017 4:13 PM Subject: Support of East Bank Island Zoning Change Dear APC & City Council, I support the text zoning change to allow 150' tall buildings to be built on the East Bank Island. Please approve. As a new business owner I feel it is vital to the East Bank continued growth to approve this zoning change. Have a great day!! Best, Anna Ryan Drew, A.R.Drew, LLC 121 South Niles Ave Suite 11 South Bend IN 574 -361 -4989 www.ARDrewArt.com !RECEIVE-1y { FFB 2 1 2017 AREA PLAN COMMISSION file: ///C: /Users /JPrrcell /AppData/Local /Temp /XPgrpwise /58AB I5931ntemalPLEXISP0100135746EI5436 ... 2/21/2017 Page 1 of 1 Jennifer Parcell - Text zoning change From: Manda Harris <ResRas I @hotmail. com> To: "JMCNAN4ARA @co.st joseph.in.us" <JMCNAMARA @co.st joscph.in.us >, "kathleen... Date: 2/20/2017 4:15 PM Subject: Text zoning change Dear APC & City Council, strongly support the text zoning change to allow 150' tall buildings to be built on the East Bank Island. We have a great opportunity to fuel the city's forward momentum with this amendment. Please approve it! Amanda Harris 1420 E. Colfax Ave. South Bend, IN 46617 �E-C ' i FFR 21 2011 AREA PLAN VlOMMISSION file: / / /C:/ Users /JParcel l /AppData /Local /Temp/XPgrpwise /58AB 1621 InternalPLEXISP0100135746E 15438... 2/21/2017 Page 1 of 1 Jennifer Parcell - RE: Text zoning change From: Rob Bartels <RBartels @martins- supermarkets.com> To: Manda Harris <ResRas 1 @hotmail.com >, "JMCNAMARA @co,st- joseph.in.us" <JMCN... Date: 2/20/2017 4:26 PM Subject: RE: Text zoning change I support the 150 foot revision. I look forward to a new more flexible framework to guide investment and prosperity in our city. Thanks Rob Bartels CEO Martin's Super Markets From: Manda Harris [ResRasl @hotmail.coml Sent: Monday, February 20, 2017 4 :15 PM To: JMCNAMARA @co.st- joseph.in.us; kathleendickinson @cressyeverett.com; sevojtko @csinet.net; adam @devoncustomhomes.com; steve @ecfruitexchange.com; gandcphipps4 @gmail.com; mitch @hepkorlaw.com; jordan .richardson @inovateus.com; jthacker @phm.kl2.in,us; suttonpl @purdue.edu; johndelee @sbcglobal.net; mpeterson2 @sbcsc.k12.in.us; emaradik @southbendin.gov; zoning @townofroseland.us; dbrewer @trinityschools.org; jel @troyergroup.com; ddavis1210 @yahoo.com; jparcell @co.st- joseph.in.us; kwhite @southbendin.gov; gferlic @southbendin.gov; jvoorde @south bendin.gov; odavis @southbendin.gov;dvarner @south bendin.gov; jbroden @southbendin.gov; rkelly @southbendin.gov; rpreston @southbendin.gov; tscott @southbendin.gov; vop @sbtinfo.com; PUD @MatthewsLLC.com Subject: Text zoning change Dear APC & City Council, I strongly support the text zoning change to allow 150' tall buildings to be built on the East Bank Island, We have a great opportunity to fuel the city's forward momentum with this amendment. Please approve it! Amanda Harris 1420 E. Colfax Ave. South Bend, IN 46617 FEB 21 2017 AREA PLAN COMMISSION file : ///C:/UsersJJPareell /AppData /Local /Temp /XPgrpwise /58AB 18CAInternalPLEXISP0100135746E1543 ... 2/21/2017 Page 1 of 1 Jennifer Parcell - CBD From: Carla Myers <carla @carlamyers.com> To: "jparcell @co.st joseph.in.us" <jparcell @co.st joseph.in.us> Date: 2/20/2017 4,45 PM Subject: CBD Good day? Each week I receive numerous inquiries about housing in and around the East Bank area of our city. Our community can support the proposed project and benefit from the grocery and pharmacy planned along with the additional housing units. I support the red change to allow 150' buildings on the East Bank Island in the CBD. Thank you for your consideration. Carla Myers Legacy Broker /Associate RE /Max 100 574- 993 -0467 www.carlamyers.com 'RECEIVED FFR ? i 2017 AREA PLAN 00NIMISSION file: / / /C:/ Users /JParcell /AppData /Local /Temp/XPgrpwise /58AB I D l OInternalPLEXISPO100135746E 1543C... 2/21/2017 From: Jeff Harrison < jeffreyscottharrison @gmail.com> To: <JMCNAMARA @co,st- joseph.in.us >, < kath lee ndickinson @cressyeverett.com >, <... Date: 2/20/2017 5:19 PM Subject: Approve zoning change Dear APC & City Council, I support the text zoning change to allow 150' tall buildings to be built on the East Bank Island. Please approve. Jeffrey Harrison Owner 129 N Michigan (Vegetable Buddies) Also owner of 214 N Saint Peter in the East Bank Neighborhood. Sent from my iPhone ECIVEDI FEB 2 1 2017 AREA PLAN COMMISSION From: Mari Anna McKenzie <mimmianna18 @gmail.com> To: <JMCNAMARA @co.st- joseph.in.us >, < kathleendickinson @cressyeverett.com >, <... Date: 2/20/2017 6:01 PM Subject: Please Repair South Bend Zoning I support the red change to allow 150' buildings on the East Bank Island in the CBD. Mari Anna McKenzie 114 S. Niles Avenue South Bend, IN 46617 Mobile. 630.363.8357 Web Site: mariannamckenzie.us J R ECE IV ED FN 21 2017 AREA PLAN COMMISSION Jennifer Parcell - Housing /Grocery/Pharmacy development From: Willow WetheralI < willow_wetherall @sbcglobal.net> To: willow_ wetherall @sbcglobal.net Date: 2/20/2017 7:32 PM Subject: Housing /Grocery/Pharmacy development Bc: Jennifer Parcell Dear County Area Plan Commission, I support the red change to allow 150' buildings on the East Bank Island in the CBD. Thank you, Willow WetheralI 701 N. Niles Ave. South Bend, IN 46617 1 EC iVE FEB 2 1 2017 AREA PLAN COMMISSION Page 1 of 1 file: / / /C:/ Users /JParcell /AppData/Local/ Temp/ XPgrpwise /58AB44441nternalPLEXISPOl 001 35746E 15442... 2/21/2017 Page 1 of 1 Jennifer Pareell - East Bank Zoning for Commerce Center Lot From: Meghan Kirwan <meghankirwan @sgws.com> To: " jordan .richardson @inovateus.com" < jordan .richardson @inovateus.com >, "rp... Date: 2/20/2017 8:11 PM Subject: East Bank Zoning for Commerce Center Lot Good Evening, My name is Meghan Kirwan and I am a resident at 223 East Colfax Ave. in DTSB. I am writing to express my support for 150' buildings on the East Bank Island in the CBD. I urge you to please strongly consider approving this height increase. Cities need to grow and expand in order to thrive and survive. Lets help South Bend continue its growth; up! Increasing the height will help Downtown South Bend continue to grow and bring more people to work and live downtown. I appreciate your conserderation. Cheers, Meghan M Kirwan Account Executive Southern Glazers Wine & Spirits - Indiana - Prestige Division E C E I V E D 8888 Keystone Crossing, Suite 1200 Indianapolis, IN 46240 mobile 574.904.9808 FEB 1 2Q11 Mc ghankirwanAsp,ws. com AREA PLAN COMMISSION Southern glazers.com Confidentiality Notice_ This e -mail message, including any attachments, is for the sole use of the intended recipient(s) to which it is addressed and may contain information that is confidential, privileged or exempt from disclosure under applicable law. Any unauthorized review, use, disclosure, printing, storing, copying or distribution is prohibited. If' you are not the intended recipient, or ifyou have received this email in error, please contact the sender by reply e -mail and delete all copies of the original message. Unless specifically stated otherwise, nothing in this email is intended to serve as an electronic or digital signature. file: / / /C:/ Users /JParcell /AppData/Local/ Temp/ XPgrpwise/ 58AB4D77InternalPLEXISPO100135746E 15444... 2/21/2017 Jennifer Parcell - Commerce Center From: Paula Sours <psoursl2 @gmail.com> To: <JMCNAMARA @co.st joseph.in.us >, <kathleendickinson @cressyeverett.com >, <... Date: 2/20/2017 11:22 PM Subject: Commerce Center Dear APC & City Council, I support the text zoning change to allow 150' tall buildings to be built on the East Bank Island. Please approve. Thanks Paula Sours RECEIVED �F8 2 ZDi/ AREA PLAN OOMNIISS10N Page 1 of 1 file: / / /C:/ Users /JParcel l /AppData/Local /Temp/XPgrpwise /5 8AB7A34IntemalPLEXISPO 10013 5746E 15446... 2/21/2017 ear i h designs Area Plan Commission St. Joseph County County -City Building South Bend, IN 46601 Att: Larry Maggliozzi, Angela Smith February 20, 2017 Re: TEXT AMENDMENT: Ordinance of Common Council, City of South Bend APC #2812 -17 Dear Larry and Angela, I respectfully request this letterof remonstrance be read into the record in the above referenced matter, which is being considered this afternoon. I am particularly disturbed regarding the above text amendment which, in my opinion, is an attempt at short circuiting prior community planning and process. I have invested and continue to invest heavily in the East Bank Village neighborhood and have done so with the knowledge and intent of creating developments which maintain and reflect that vision. That plan was created, fully vetted and adopted by this community less than a decade ago. There are a multitude of planning issues that I am concerned about as they relate to a previous attempt at creating a PUD by Matthews LLC, although it appears that the single issue of height is the item that is being focused on. The excessive height of the building being proposed, is in direct contrast with the vision created by the East Bank Village plan of 2008. That vision was of a low to mid density scale, thus the intentional reference to a "Village ". To my knowledge, during previous planning efforts, there were no previous discussions or considerations to separate the East Bank portion of the CBD as this text amendment is prescribing. Even if one were to agree and accept the change in height, the drastic step down from 150 feet to 60 feet in height should also be addressed as professional planning would dictate. I appreciate your consideration of my concerns, and your NO vote in response to the petitioners request. Sincerely, 7U44 Pell� RECEIVED FF8 2 1 2017 AREA PLAN COMMISSION earth design real estate Ilc 36 L/ lvlcKmley Avenue Post Office Box 148, South Bend. Indiana 0148 forun real estate group February 20, 2017 Re: Proposed Zoning Variance Dear Members of the Area Plan Commission: As owners of the Historic Stephenson Mill Apartments on the East Bank "island" of South Bend, we would like to register our opposition to any proposed developments exceeding the existing zoning requirements currently in place, particularly those pertaining to building height requirements. The 60' height limit was established for good reason -- to protect the character and history of the neighborhood. Allowing one development to exceed the height limit by 250% is simply unconscionable. Please continue to support the character, history, and charm of the East Bank by adhering to the long- standing zoning laws in existence that specifically dis -allow high rise construction. Sincerely, Luke Davis Owners' Representative Contact Information: Luke Davis 303.501.8828 Idavis ©forumre.com FF9 2 12017 AREA PLAN COMMISSION St. Joseph County Area Plan Commission Suite 1140 County -City Bldg. RE: The Matthews Monster 21 Feb. 2017 Commissioners: I take this opportunity to address you regarding the Matthews Monster, playing by the rules, and the need to uphold the integrity of properly crafted Area Plans as the proven means to insure an optimal and orderly development of the urban environment. You have before you a measure brought by Council Members who are, in what some may term a most unseemly fashion, intent on breaking the East Race Area Plan. They do so as an ill- considered accommodation to Mr.Malthews, who is now famous for his unwillingness to respect duly executed Planning rules, and who is now determined to build an over -sized and over - priced apartment mega -block that would destroy the fabric of the East Race neighborhood. l cannot urge you too strongly to rebuff this effort to unduly enrich himself at a terrible cost to the community. I will remind all, that the existing Area Plan for the East Race, despite its curious mis- characterization as a part of the CBD, was carefully drafted in accordance with sound planning principles and with a responsibly sensitive vision for the neighborhood as a diminished -scale mix of small business and residences, as a transition zone between Downtown and its surrounding residential neighborhoods, and was done so with the involvement and approval of the East Race residents. Thus, in the Plan, the river is very deftly reinforced as the natural eastern boundary to Downtown, and is provided with an easy and more relaxed human- scaled access to its eastern bank, from which the community at large can experience this priceless asset, framed against the backdrop of the Downtown to the west. This Plan is a fine piece of work and a credit to the art of City Planning. Then along comes Mr.Matthews, with his now - characteristic Give -Me -an -Inch- and -I'll- Demand -a -Mile attitude and a grim determination to turn property less expensive because of the Plan's limitations, into a gold mine of greedy and insensitive over - development. And to add insult to the intended injury, he delegates its design to cheap and undeveloped student talent. It is hard for one to imagine a greater poke in the eye to the best interests of the community. Sadly, because he has marshaled some popular support from a demographic unable to see a picture larger than the screen of their phones or smart enough to realize they cannot afford the rents, and because the pressure of TIF expectations has fostered impatience and discontent among certain short- sighted Council Members, this Commission is being pressured to abandon its sound planning practices in favor of a Plan -of- the -Month approach, in shameless capitulation to the wants of a greedy Special Interest. To cave in the face of this unseemly pressure, would be a renunciation of the higher purposes of City Planning and its responsibilities to the community at large. On behalf of our community, I strongly urge this Commission to stand fast behind the current Area Plan and insist that its current limits are both appropriate and validly enforceable. Just say no to the influence of moneyed Special Interests that only care about their own bottom line. Our community is counting on you not to abandon their best interests. In closing, I further suggest that Mr.Oliver should recuse himself from your deliberations, to forestall any taint of conflict of interest. Sincerely, S.J.Szabo South Bend resident and Principal, The EN /SYN DESIGN Studio � R ECE IVED] FE-0 ? 1 2017 4 AREA PLAN COMMISSION Mr. L.Magliozzi Exec. Dir. St. Joseph County Area Plan Commission Suite 1140 County -City Bldg. RE: The Matthews Monster 21 Feb. 2017 Mr.Magliozzi: Given the longer time limit, I have added some additional comments to my previously submitted letter. I know it's a lot to ask, but I am hoping this sheet could be attached to the distributed material. Thank you. S.J.Szabo Addendum to the previously submitted letter to the Area Plan Commission And so, Commission Members, it comes down to this: If Mr.Matthews wants to build a high -rise, he should buy land across the river that is priced for its true development potential, to do so. Instead, his self - proclaimed "special" status and an arrogantly naked greed, leads him to once again, insist that he be treated differently than everyone else, so that he is free to grossly overdevelop his cheap land to make a bigger buck, regardless of any detrimental effects on the surrounding neighborhood. I won't speculate on the reasons the Common Council seems so eager to abandon its responsibilities to the community and pander to his greed, but it is clear they are not acting in the best interests of South Bend. Therefore, the community can only hope that this body has a better grasp on their dedication to do the right thing and stand fast against Special Interests and their cohorts, and to resist ANY change to the present zoning for the East Race. Jennifer Parcell - I support the text zoning change From: Mary Willkom <mwi11k01 @gmail.com> To: <JMCNAMARA @co.st joseph.in.us >, <kathleendickinson @cressyeverett.com >, <... Date: 2/21/2017 9:15 AM Subject: I support the text zoning change Dear APC & City Council, I support the text zoning change to allow 150' tall buildings to be built on the East Bank Island. Please approve. Thank you, Mary Willkom 128 S Scott Street, #7 South Bend. IN 46601 Mary Willkom L B 2 1 2017 LAN - OMMISSION i Page 1 of 1 file: ///C:/ Users/ JParcelIl AppData/ LocaUTemp/ XPgrpwise/ 58AC0538InternalPLEXISP0 100135746E1545B... 2/21/2017 Page 1 of 1 Jennifer Parcell - I'm for the rezoning for the taller East Bank island project From: Michael Mitchell <mitch @smart- temps.com> To: <JMCNAMARA @co.st joseph.in.us >, < kathleendickinson @cressyeverett.com >, <... Date: 2/21/2017 10:16 AM Subject: I'm for the rezoning for the taller East Bank Island project I just wanted to state my approval for having a taller building zone for the East Bank Project. I have lived my whole life in Michiana including South Bend, and I have always wanted and expect taller buildings to be built in South Bend. I see nothing wrong with taller buildings. Michael "Mitch" Mitchell Assistant Director of Operations SMART Temps, LLC I A Dig International Cori pany 435 Park Place Cir i Mishawaka, IN 46545 tel 877.272.3111 x 164 1 mobile 574.339.9883 rnitch(@smart-temps.co in Website I How It Works I Login I Map "Conhdenhality Notice This message and ns altoChments tmessage) are for the sole use of the intended recipient(s). and may contain information considered cop'denbat or privileged by the sending organization pr trade secrets of the sn dAg organization This message does not authorize the intended recipient to disclose this information to any other party Use, disclosure. or retenlion of any information in this message by anyone other than the intended user is stnctly prohibited unless othemw authorized In writing No wows and opinions expressed herein are necessarily attributable to Ne sending organization It you are riot the intended recipient. please ndify the semog organization anmedateh' by rep" to this message or by sending an email to mfoCmismart- temos.com -- and destroy all copies of this message and any attachments Thank you IV C }4i FLB 7 1 2017 AREA PLAN COMNliSS10" file: / / /C:/ Users /JParcell /AppData/Local /Temp /XPgrpwisel5 8AC 139BIntemalPLEXI SPO l 00135746E 15468, .. 2/21/2017 Dan Brewer Area Plan Commission of Saint Joseph County 227 West Jefferson Boulevard Suite 11.40 County -City Building South Bend, Indiana 46601 Dear Mr. Brewer: RECEIVED FFB 2 1 2017 AREA PLAN COMMISSION Thank you for the opportunity to offer you this brief reflection on the high -rise Commerce Center project for which Dave Matthews, LLC has requested a variance. While it is easy to understand the substantial interest that the proposed development might have for an individual entrepreneur, or indeed for the Martin's Supermarket chain, which certainly can recognize the economic benefit of locating in a high density, affluent neighborhood, the project fails in important ways to serve the long -term, collective interest of the community. Development for the sake of development serves only narrow private interest. The Commerce Center project would more than double the height limit established by the East Bank Master Plan, an expression of the public will that was reaffirmed just recently by separate actions of the Area Plan Commission and of the South Bend Common Council. The project would diminish public enjoyment of the Saint Joseph River, our area's primary geographical resource, and by directing extraordinary public funding toward yet another high -end apartment and condominium development, would restrict future civic planning for more than a decade. While I agree that area plans need to be reviewed periodically and revised appropriately, there is no compelling public interest that is served here by the proposed waiver of broadly supported community standards. I ask that you stand with the community by opposing the Commerce Center project, and that you give your support to a revitalized public planning process. Respectfully yours. �.. Patrick Martin �,5" [,4,LALA_-F- 1139 North Lafayette Boulevard South Bend, Indiana 46617 Page 1 of l Jennifer Parcell - East Bank Development From: Joey Hiben <joeyhiben @gmail.com> To: <JMCNAMARA @co.st joseph.in.us >, <kathleendickinson @cressyeverett.com >, <... Date: 2/21 /2017 12:24 PM Subject: East Bank Development Dear APC and City Council, I'm writing in support of the 150' height, mixed use development on the East bank, with grocery store. I believe it is wise for a city to be receptive any time a private developer is willing to invest into his or her own city. Growth is essential for a city to thrive, and this growth would be promoting a more walk -able, livable city, keeping the most essential human functions, within the heart of the city. Please approve. Sincerely, Joey Hiben Joey Hiben Designs, Inc. 701 S. Main Street, suite 200 South Bend, IN, 46601 file: / / /C:/ Users /JParcell /AppData /Local /TemplXPgrpwise /58AC3 ] 94InternalPLEXISPO100135746E 15494... 2/21/2017 Page 1 of I Jennifer Parcell - Letter of Support for SB East Bank Zoning Change From: Adam MacMillan <macmilln @gmail.com> To: <JMCNAMARA @co.st joseph.in.us >, < kathleendickinson @eressyeverett.com >, <... Date: 2/21/2017 12:51 PM Subject: Letter of Support for SB East Bank Zoning Change Dear APC & City Council, 1 appreciate your time considering this brief letter. As a resident of downtown South Bend, specifically the East Bank neighborhood, I am writing to support the zoning change which would increase the building height limit to 150' (or above) on East Bank Island, and, in turn, allow the proposed apartment building / grocery / pharmacy to proceed. I ask that you approve this measure, and continue your positive work in urbanizing and encouraging development in downtown South Bend. Best regards, -Adam MacMillan 215 E Colfax Ave South Bend, IN 46617 file: / / /C:/ Users /JParcel l /AppData/Local /Temp /XPgrpwise /5 8AC37C 1 InternalPLEXISPO100135746E l 5448... 2/21/2017 Page 1 of 2 Jennifer Parcell - Fwd: Re: Public comment for todays meeting From: Larry Magliozzi To: Angela Smith; Jennifer Parcell Date: 2/21/2017 1 :34 PM Subject: Fwd: Re: Public comment for todays meeting Same person, but wants us to read into the record Larry Magliozzi, Executive Director Area Plan Commission of St. Joseph County, Indiana 1140 County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Main: 574 23S -9571 Fax: (574) 235 -9813 E -Mail: lmaglioz@co.st-joseph.in.us >>> Becky Reimbold <becky @justgoods.net> 2/21/2017 127 PM >>> Please read these comments at today's meeting and enter them in the public record. I will riot be able to attend. Becky On Feb 21, 2017, at 1:26 PM, Becky Reimbold <becky@'ustgoods.net> wrote: Dear Members of the Area Plan Commission, Please vote for an unfavorable recommendation on proposed text amendment to increase the maximum allowable height on the island of the East Bank Village to 150'. I believe this is such a major change to the zoning for the area, and as such, should go through a rigorous public process. A fast -track initiative of the City Council is not appropriate in this case. Thank you for your thoughtful attention to this matter. Sincerely, Becky Reimbold 714 E. Jefferson Blvd. South Bend, IN 46617 Have patience with all things, But, first of all with yourself Never be in a hurry, do everything quietly and in a calm spirit. Do not lose your inner peace for anything whatsoever, even i f your whole world seems upset. Nothing is so strong as gentleness, nothing so gentle as real strength. fi le: / / /C:/ Users /J Parcel l /Appllata/ Local / Temp/ XPgrpwise /58AC4203InternalPLEXISPO 100135746E ] 54AO... 2/21/2017 AIA Indiana February 21, 2017 Mr. Larry Magliozzi Executive Director Area Plan Commission of St. Joseph County Dear Mr. Magliozzi: The American Institute of Architects (AIA) Northern Indiana Section is opposed to text amendment APC #2812 -17, which would allow for an increase in the height of buildings located within the Central Business District from 60', or 5 stories, to 150'. The AIA Northern Indiana Section, which represents nearly 100 Hoosier architects in the South Bend and northwestern Indiana area and is a section of the AlA Indiana Chapter, strongly supports private development and the Area Plan Commissions' stance to uphold the integrity of the East Bank Village Master Plan and current zoning ordinances. Please do not hesitate to contact me if I can answer any questions or be of assistance in any way. Sincerely, Jason Shelley Executive Director RtCEIVED FEB 2 1 2017 AflEA PLP N COMMISSION AIA Indiana, Jason Shelley, Executive Director 115 W. Washington St., Suite 955, Indianapolis, IN 46204 Phone (317) 634 -6993 www.3iaind.iana arg * jshetLgy-(kaiaimii,� Page 1 of I Jennifer Parcell - RE: Zoning to allow RED Change - East Bank From: Sean Shank <sean.shankl 1 @yahoo.com> To: "JMCNAMARA @co.st joseph.in.us" <JMCNAMARA @co.st joseph.in.us >, "kathleen... Date: 2/21/2017 2:55 PM Subject: RE: Zoning to allow RED Change - East Bank 1 support the red change to allow 150' buildings on the East Bank Island in the CBD file: / / /C :/ Users /JParcell /AppData/ Local / Temp /XPgrpwise /5 8AC54EB I nternalPLEX IS P010013 5746E 154B... 2/21/2017 Page 1 of 1 Jennifer Parcell - Height restrictions in our zoning. From: Robert Kloska <rlkloska @gmail.com> To: <JMCNAMARA @co.st joseph.in.us >, < kathleendickinson @cressyeverett.com >, < Date: 2/21/2017 3:17 PM Subject: Height restrictions in our zoning. Dear Leaders, I wish to express my opinion that downtown South Bend west of the river ought to have NO height restrictions on buildings. East of the river might be better to have some kind of restriction, but it should be very loose and very liberal. My goodness, we should make it exceptionally easy to build in our city. It has been a depressed place for virtually my entire life. Wouldn't it be great for our city to have a few skyscrapers with views of the Notre Dame campus? Please do away with all the height restrictions west of the river and adopt very liberal height restrictions east of it. If we in South Bend don't foster this kind of building in the urban core where it is appropriate, we might eventually see surrounding communities do so. One final note. I was born in South Bend. For my entire life my non - Indiana friends have joked with me that they know they are near South Bend on the Indiana Toll Road when they see the waste -water treatment plant. I hope that someday my children will get texts and messages from their friends saying "I thought of you as a I drove by because of the beautiful South Bend skyline I could see from the Toll Road. Thanks for your care for our city. All the Best, Robert Kloska 1 121 North Saint Peter Street. iRECEIVE FFR 1 2017 AREA PLAN MMMISSION file : / / /C:/ Users /JParcell /AppData/Local/ Temp/ XPgrpwise /58AC5AOCInternalPLEXI SPO 10013 5746E 154B... 2/22/2017 r � � �S '� �' �iS LAWRENCE P. MAGLIOZZI q 'C EXECUTIVE DIRECTOR Angela M. Smith Deputy Director AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 A6. JLFFLRSON BLVD., ROOM 1140 COUAT1 -CIt7 BLIILD INC , SOUI -H BLVD, INDIANA 46601 (3741 235 -9571 February 10, 2017 Common Council of the City of South Bend 227 W. Jefferson Boulevard 41 Floor County -City Building South Bend, IN 46601 Re: Revisions to Proposed Bill No. 08 -17 Dear Council Members, Filed in Clerk's Office �=�B 10 X017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN The above - referenced Bill was filed with the Area Plan Commission on February 6, 2017, and advertised on February 9, 2017 for the Area Plan Commission meeting of February 21, 2017. Attached is a revision of the Bill. The staff revised the Bill so that it better complies with codification requirements. The Title remains the same and is the one that was advertised on February 9, 2017. I am requesting that the attached version of the Bill be the one that receives First Reading on February 13, 2017. Our staff will be present at the Zoning & Annexation Committee in the event that any questions arise. Be aware that the Area Plan Commission Agenda and Staff Reports for the February 21, 2017 meeting will be posted on the Commission web site as early as Friday, February 10, 2017, but no later than Noon on Monday, February 13, 2017. Sincerely, �� Larry Maglioz i Cc: Kareemah Fowler, City Clerk Aladean DeRose, Attorney, City Legal Department SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA & ROSELAND W W W . S T J O S E PH COUNTY I N D I A N A . C O M/ A R E A P L A N Bill No. Ordinance No. -17 AN ORDINANCE INITIATED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21, ARTICLE 3, SECTION 21 -03 OF THE SOUTH BEND MUNICIPAL CODE BY ADDING A NEW SUB -PART 21- 03.06(b)(4)(C) TO INCREASE THE MAXIMUM BUILDING HEIGHT PERMITTED IN CBD DISTRICTS LOCATED BETWEEN THE ST. JOSEPH RIVER AND THE EAST RACE WATERWAY STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance that went into effect on May 7, 2004. Since the adoption of that ordinance, the downtown area of the City of South Bend is experiencing a revitalization on a scale not seen in nearly four decades. The Common Council of the City of South Bend wishes to accommodate and encourage that growth in areas where infrastructure is already in place and able to support shovel -ready development. The Common Council finds that, due to its character and proximity, the "island" of land situated within the corporate boundaries of the City and bounded by the St. Joseph River and the East Race Waterway is a logical extension of downtown South Bend. This area's natural amenities make it an incredibly attractive place for investments in higher- density development and place - making. Accordingly, the Common Council finds that increased development opportunities in the "island" area will promote and enhance the general welfare of the City and has determined that it is appropriate and necessary to enable such development opportunities by increasing the maximum building height permitted in the "island" area. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. Chapter 21, Article 3, Section 21- 03.06(b) (4) (B) of the South Bend Municipal Code is amended to read as follows: (B) CBD Districts Located East of the East Race Waterway: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height - the lesser of sixty (60) feet or five (5) stories. Section Il. Chapter 21, Article 3, Section 21- 03.06(b) (4) of the South Bend Municipal Code is amended by adding a new subsection (C) to read as follows: (C) CBD Districts located in the area bounded by the St. Joseph River and the East Race Waterway: i. Minimum Front Facade Height - in the elevation view from the street frontage, twenty -two (22) feet. ii. Maximum Building Height -no greater than one hundred fifty ( feet. Section III. This Ordinance shall be in full force and effect upon its passage by the Common Council and approval by the Mayor. Member of the Common Council ATTEST: Kareemah Fowler, City Clerk Presented by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of , 2017, at o'clock —.m. Approved and signed by me on the day of , 2017, at o 'clock . M. Pete Buttigieg Mayor of the City of South Bend, Indiana 2 Filed in Clerk's Office FEB 10 2017 KAREEMAH FOWLER CITY CLERK, SOUTH BEND, IN