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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
ZONING&ANNEXATION FEBRUARY 12, 2018 4:36 P.M.
Committee Members Present: Oliver Davis, John Voorde, Jo M. Broden
Committee Members Absent: Gavin Ferlic
Other Council Present: Regina Williams-Preston, Karen White, Dr. David Varner,
Tim Scott
Other Council Absent: None
Others Present: Bianca Tirado, Graham Sparks, Bob Palmer
Presenters: Angela Smith, Michael Divita
Agenda: Bill No. 89-17-Mixed Use District Zoning Text Amendments
Update- Future Request to Rezone City Owned Properties- Chris
Dressel, DCI
Committee Chair Oliver Davis called to the order the Zoning and Annexation Committee
meeting at 4:36 p.m. He introduced members of the Committee and proceeded to give the floor
to the presenters.
Bill No 89-17-Mixed Use District Zoning Text Amendments
Angela Smith, Deputy Director of the Area Plan Commission with offices on the 11th floor of the
County-City Building, stated, We emailed this change to you all. She handout out copies of the
change (available in the City Clerk's Office). She continued,There was also a letter in your
packet that highlighted the changes to the ordinance. Essentially there were just a few things
from when the bill was originally introduced. One (1) was to reduce the front yard setback from
the minimum of five (5)feet to zero (0). When we were looking at Mixed-Use properties in
South Bend, we found that the majority of them are already at a zero (0) foot setback. Instead of
encouraging the legal non-conformance route, we felt it better to make a change and bring those
into compliance. Motel was a use that was a permitted use in the existing ordinance and the
revision incorporates that. The final one (1) was to remove some redundant language. What you
have today did go to the Plan Commission and they send it forward with a favorable
recommendation. Updating the MU,Mixed-Use District,to better reflect the intent and
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JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH R.MOLNAR
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application of the pedestrian-oriented district within the urban context will simplify development
and strengthen the Mixed-Use Neighborhood Centers.
Michael Divita, Planner for the Department of Community Investment with offices on the 14th
floor of the County-City Building, stated, Community Investment worked closely with the Area
Plan Commission and the Building Department staff on developing the language for the text
amendments presented to you all today. Essentially, the existing MU District standards were
audited to ensure they align with the community's goals. As a result of that exercise, a series of
changes are proposed to promote walkable Mixed-Use development through neighborhood
centers through a more straight-forward code. The distribution of MU Districts in the City are
shown here on the screen (referencing a presentation available in the City Clerk's Office). He
continued, They do tend to be along the City's major corridors. As with the other text
amendments the Council has recently approved, these changes will reduce provisions that hold
back investment, will decrease the number of rezoning special exceptions and variance requests
that are always made but always approved. The proposed amendments will allow property
owners to more fully utilize their property. I ask for your favorable recommendation on this
legislation.
Councilmember Dr. David Varner stated, In the Building Design and Orientation section, it is
said it has to be oriented according to the primary street. Why was it not insisted that it be
oriented to the postal number?
Mr. Divita replied, I suppose there could be some cases for that. There isn't much of an issue
with primary streets.
Committeemember Jo M. Broden asked, Do you have case studies for these?
Mr. Divita showed some pictures of the buildings that are the case studies (on the presentation).
Committee Chair Davis then opened the floor to members of the public wishing to speak in favor
of or in opposition to the legislation.
Sue Kesim, 4022 Kennedy Drive, stated, Once again I would like to advocate on behalf of
people who are disabled. When you do this and there is snow or LimeBikes, my concern is that
we are not leaving the ADA passageway for people to go through. I sat in the Public Works
meeting and watched them permit and give away that passageway. I want to make very clear,the
Council needs to stand up and support people that are disabled.
Ms. Smith replied, Section 11 A and 11 B in the legislation explicitly covers the ADA
compliance.
Committee Chair Davis then turned the floor back to the Committee for further comment or main
motion. Committeemember Broden made a motion to accept the amendments to Bill No. 89-17.
Committeemember Voorde seconded this motion which carried unanimously by a voice vote of
three (3) ayes. Committeemember Broden then made a motion to send Substitute Bill No. 89-17
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to the full Council with a favorable recommendation. Committeemember Voorde seconded the
motion which carried unanimously by a voice vote of three (3) ayes.
Update- Future Request to Rezone City Owned Properties- Chris Dressel, DCI
Committee Chair Davis asked Mr. Dressel to suspend his presentation in respect of the time
needed for other meetings, and asked Mr. Dressel to present at the next Zoning and Annexation
Committee meeting to be had on February 26th, 2018.
With no further business, Committee Chair Davis adjourned the Zoning and Annexation
Committee meeting at 4:50 p.m.
Respectfull Submitted,
01 Davis, Committee Chair
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