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HomeMy WebLinkAbout10-23-17 Zoning and Annexation � - d F x U C a ■ 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER,CITY CLERK ZONING&ANNEXATION OCTOBER 23, 2017 3:03 P.M. Committee Members Present: John Voorde, Gavin Ferlic, Jo M. Broden, Oliver Davis (late) Committee Members Absent: None Other Council Present: Karen White, Dr. David Varner, Tim Scott, Randy Kelly (late) Other Council Absent: Regina Williams-Preston Others Present: Kareemah Fowler, Graham Sparks, Bob Palmer Presenters: Ayoka Paek, Rodney Eckenberger, Brian McMorrow, Richard Fox, Angela Smith, Mike Danch, Vikram Shah, Tim Corcoran, Robert Bottorff Agenda: Bill No. 17-49- Special Exception for property located at 4321 S. Michigan St. Bill No. 17-50- Special Exception for property located at 315 N. Main St. Bill No. 54-17- Rezoning for property located at 3333 N. Kenmore St. Substitute Bill No. 55-17-Rezoning for property located at 212 E. South St. Bill No. 17-71- Old National Area Fiscal Plan Bill No. 12-17- Rezoning and Annexation for property located at Douglas and S.R. 23 (Old National Annexation Area) Committee Vice Chair John Voorde called to order the Zoning and Annexation Committee meeting at 3:03 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters. Bill No. 17-49- Special Exception for property located at 4321 S. Michigan St. 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.SouthBendIN.gov JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK OPERATIONS Ayoka Paek, Zoning and Business Administrator with the Building Department with offices at 125 S. Lafayette, stated, This special exception petition is for a tattoo parlor in a Community Business District and it comes to you with a favorable recommendation from the Area Board of Zoning Appeals (ABZA). The ABZA also approved a variance from the required sixteen (16) parking spaces to nine (9). One (1)person spoke in remonstrance of the application regarding the sign content for the business however that is not legally enforceable. Rodney Eckenberger, 1164 E. Bowman Street, stated, I'm looking to move my business from Lakeville to South Bend. I have been in business for twelve (12) years now and I reside in South Bend. Committee Vice Chair Voorde then opened the floor to question from Committee and Councilmembers. There were none. He then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motions. Committeemember Gavin Ferlic made a motion to send Bill No.17-49 to the full Council with a favorable recommendation. Committeemember Jo M. Broden seconded this motion which carried unanimously by a voice vote of three (3) ayes. Bill No. 17-50- Special Exception for property located at 315 N. Main St. Ms. Paek stated, This special exception petition is for a group residence in the Central Business District. It comes to you with a favorable recommendation from the Area Board of Zoning Appeals. No one spoke in remonstrance. Brian McMorrow, Abonmarche Consultants with offices at 750 Lincolnway East, stated, We petitioned to have a special exception to approve the building to operate as a women's drug and alcohol recovery facility. There is an affiliation and an agreement with the neighboring church so any parking needs would be shared with the church next door. Richard Fox, 3714 Whitcomb Street, stated, We don't have a final number of how many people we will serve. We are hoping to get a permit for at least eighteen(18)but that depends on the Fire Code. Our funding is based on the zoning approval. This is the first step along the way. We are the Upper Room Recovery Community. Committee Vice Chair Voorde opened the floor to questions from Committee and Councilmembers. Committeemember Ferlic asked, What is the total population served as of now? Mr. Fox replied, We serve only men as of now and we partner with a lot of other agencies. We only provide stable housing and do not provide treatment services. We have thirty beds right now but last ye ,we served eighty-five (85) men total. 2 Committeemember Broden then asked, Have you tried weather amnesty? Mr. Fox replied, We have but it didn't fit our building with an active church. We did it for three (3) years and we decided we cannot continue doing that. We support other agencies financially but we no longer provide it ourselves. Committeemember Broden followed up, What does the timeframe look like to get this up and rolling? Mr. Fox replied, We hope to close on the building around the first week in November. The building has not been a residence since sometime in the 1940s so we have a lot of work to do. The building is in wonderful shape but we are looking at late winter or early spring to start serving clients. Committee Vice Chair then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motions. Committeemember Ferlic made a motion to send Bill No. 17-50 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried unanimously by a voice vote of three (3) ayes. Committee Chair Oliver Davis arrived at the meeting at 3:11 p.m. Bill No. 54-17-Rezoning for property located at 3333 N. Kenmore St. Angela Smith, Deputy Director of the Area Plan Commission with offices on the 11th floor of the County-City Building, stated, The peititoner is seeking to rezone the property from LI—Light Industrial to GI—General Industrial. It is approximately a nine(9) acre site. The properties on all four(4) sides of the site are zoned LI currently. There is an existing 45,000 square foot building with 6,000 square feet of office space and fifty-three (53)parking spaces. The site plan shows future expansion to come in two (2)phases with about 56,000 square feet of additional industrial space. They are trying to preserve the existing mature trees but will do some additional landscaping as the site is expanded. There will be screening for the solvent storage area in the northwest corner of the site. This comes to you from the Area Plan Commission(APC) with a favorable recommendation. Rezoning this site to GI—General Industrial will allow for the expansion and redevelopment of an industrial property that is consistent with the comprehensive plan. Mike Danch, Danch, Harper& Associates with offices at 1643 Commerce Drive, stated, We are requesting this rezoning for Tri-Pac, Inc. He distributed a handout that depicted the proposed site plan(available in the City Clerk's Office). He continued, What the site plan shows is the additional landscaping for the solvent tanks. Most of the mature trees will remain on the site. We will also expand toward the truck-dock area on the east side of the building and we have added some additional screening there. 3 Vikram Shah, 17336 Vandalia, MI, stated, We are looking to move our business to South Bend. We are very excited for your support. I've been in business almost forty-five (45) years. We are in the consumer products market. We work with multi-national corporations. We meet all requirements and regulations. Committee Chair Davis opened the floor to questions from Committee and Councilmembers. Committeemember Voorde asked, Is there any requirement for containment for the solvent tanks? Mr. Danch replied, That would be by the State so any kind of containment for the tanks would be in State Statute. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motions. Committeemember Ferlic made a motion to send Bill No. 54-14 to the full Council with a favorable recommendation. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. Committeemember Ferlic made a motion to move Substitute Bill No. 55-17 to the end of the Committee agenda. Committeemember Voorde seconded the motion which carried unanimously by a voice vote of four (4) ayes. Bill No. 17-71- Old National Area Fiscal Plan Bill No. 12-17- Rezoning and Annexation for property located at Douglas and S.R. 23 (Old National Annexation Area) Mr. McMorrow stated, I had filed a request last Friday to continue Bill No. 12-17 to another date. Tim Corcoran, Director of Planning for Community Investment with offices on the 141'floor of the County-City Building, stated,Bill No. 17-71 is associated with the rezoning and annexation of this property as well. Committeemember Ferlic made a motion to continue Bill No. 17-71 and 12-17 until November 13, 2017. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. Committeemember Ferlic then made a motion to recess until the arrival of the petitioner for Substitute Bill No. 55-17. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. Substitute Bill No. 55-17-Rezoning for property located at 212 E. South St. 4 Committee Chair Davis reconvened the Zoning and Annexation Committee meeting at 3:28 p.m. Councilmember Randy Kelly arrived at the meeting at 3:28 p.m. Committee Chair Davis gave the floor to the presenters. Ms. Smith stated, The petitioner is seeking to rezone from SF-2—Single-Family and Two (2)- Family to OB—Office Buffer. This is an amended ordinance. The original petition was to MU— Mixed-Use but he amended it in front of the Plan Commission. To the north of the site is a residential property zoned MF—Multi-Family. To the east of the site is a vacant lot that is used by a nearby association also zoned MF—Multi-Family. There is a church to the south and to the west zoned SF-1 —Single-Family. It is an existing home that the petitioner would like to convert to law offices. It is a very small lot. There are a few variances,pending the rezoning, for parking reduction and landscaping for the site. This comes to you from the Plan Commission with a favorable recommendation. Committeemember Ferlic made a motion to accept the substitute version of Bill No. 55-17. Committeemember Voorde seconded this motion which carried unanimously by a voice vote of four(4) ayes. Robert Bottorff, Law PC with offices at 705 E Court Avenue, Jeffersonville, Indiana, stated, We are looking to rehabilitate the property. I have owned it for a little more than ten(10)years. I actually lived here for some time. Since then I have rented it as a residence. It went vacant for a while but my wife and I have recently started renovating it. We hope to put a law office in there. Committee Chair Davis opened the floor to questions from the Committee and Councilmembers. Councilmember Karen White asked, Is the house connected to the church? Mr. Bottorff replied, The roof is inches away from the side of the church. When the house was built, zoning and building restrictions did not exist for that type of thing. Committeemember Broden asked, Will this be ADA compliant? And why the change from a proposed MU—Mixed-Use to the OB—Office Buffer? Mr. Bottorff replied, I intend to start a law office. I pursued Mixed-Use for the intent in case someone wants to buy the property later on. But for my use, Office Buffer seems more logical. I'm not sure what the ADA compliance requirements are for this small of a plot. I've been in discussion with the Historic Preservation Commission with my renovations. If there is any ADA compliance I need to do, I'll do it. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. There were none. He then turned the floor back to the Committee for further comment or main motions. Committeemember Ferlic made a motion to send Substitute Bill No. 55-17 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried unanimously by a voice vote of four(4) ayes. 5 With no other business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at 3:38 p.m. Respectfully Submitted, John Voorde, Committee Vice Chair 6