Loading...
HomeMy WebLinkAbout04-09-18 Zoning and Annexation 4SpUT11 � f �V d \:PEACE x x 1865 OFFICE OF THE CITY CLERK KAREEMAH N. FOWLER, CITY CLERK ZONING&ANNEXATION APRIL 9, 2018 4:57 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden, Nanci Yokom(citizen member) Committee Members Absent: None Other Council Present: Regina Williams-Preston, Karen White, Dr. David Varner, Tim Scott, Sharon L. McBride Other Council Absent: None Others Present: Kareemah Fowler, Bianca Tirado, Graham Sparks, Bob Palmer Presenters: Angela Smith, Richard Nussbaum, Marty Murphy Agenda: Bill No. 05-18- Rezoning for property located at 3527 Lincoln Way West Committee Chair Oliver Davis called to order the Zoning and Annexation Committee at 4:57 p.m. He introduced members of the Committee and proceeded to open the floor to main motions. Committeemember Gavin Ferlic made a motion to recess and reconvene in the full Council Chambers. Committeemember Jo M. Broden seconded this motion which carried by a voice vote of five (5) ayes. Be it remembered that the Zoning and Annexation Committee of the South Bend Common Council reconvened in the Council Chambers on the fourth floor of the County-City Building at 5:01 p.m. Committee Chair Davis presided with five(5)Committee members present.He then asked Council Attorney Bob Palmer to update the Committee on the criteria to consider for a rezoning as well as all other statutory expectations regarding this upcoming matter. Council Attorney Bob Palmer stated, As far as the ninety (90) day limitation of ruling, assuming the ninety (90) day period is not affected by the motion to table until now, the Council has until the meeting on May 21St,2018 to rule on this.You actually have three(3)more meetings to discuss this. The rezoning criteria states, `The criteria to be used by the Common Council in voting on a Petition for Rezoning are set forth in Indiana Code 36-7-4-603. The statute states: In preparing and considering proposals for rezoning, the plan commission and the legislative body shall pay reasonable regard to: One (1) The comprehensive plan; Two (2) Current conditions and the character of current structures and uses in each district;Three(3)The most desirable use for which INTEGRITY1 SERVICE1 ACCESSIBILITY JENNIFER M.COFFMAN BIANcw L.TYRADO JOSEPH R MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPuTY/DIRE=R OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Blvd.I South Bend,Indiana 466011 p 574.235.92211 f 574.235.9173 1 www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CLERK the land in each district is adapted; Four (4) The conservation of property values throughout the jurisdiction; and Five (5) Responsible development and growth. These are the same factors considered by the Area Plan Commission in reaching its recommendation. The Indiana Supreme Court has ruled that this statute requires the Common Council to consider all of these factors and make a balanced determination.' Committee Chair Davis then turned the floor to the presenters. Bill No. 05-18- Rezoninst for property located at 3527 Lincoln Way West Angela Smith, Deputy Director of the Area Plan Commission with offices on the 11th floor of the County-City Building, stated, The petitioner is seeking to rezone this property highlighted here in red (referencing a presentation that is available in the City Clerk's Office). Ms. Smith continued, The proposed rezoning is to go from SF-One (1), Single Family and Two (2) Family District to OB, Office Buffer District. The site currently has a single family home in the associated accessory structure on the property. To the north are single family homes zoned SF-Two (2). To the east are residentially zoned but commercially used properties zoned OB, Office Buffer, CB, Community Business and then a buffer zoned SF-Two (2).To the south is a business zoned LB,Local Business and to the west are single family homes zoned SF-One (1), Single Family and Two (2) Family District. The home is proposed to be renovated and expanded in order to accommodate the use in question. The site includes remodeling the expansion of the existing home on a zero point five seven(0.57) acre site with additions to the back of the house and a small addition to the southeast corner. The accessories would be removed to make room for the parking lot associated with the use. The requirement is fifteen (15) parking spaces and the proposed plan has twenty (20). This comes to you from the Area Plan Commission with no recommendation. Unfortunately, the meeting only had eight (8) members present and it takes eight (8) to pass something. Without a majority of the fifteen (15) members we usually have, we were not able to come to a recommendation. Committeemember Broden asked, Within the file we received as Council, there is a blank page and I think it was supposed to be a rendering or site plan? Ms. Smith replied, What was forwarded from our Office would have been the recommendation letter, a letter that states if anything has changed since the original which also summarizes the eleven (11) letters in remonstrance to the petition, the staff report and the eleven (11) letters we received prior to the meeting. Committeemember Broden followed up, So the site plan,is that only what should be in the packet? Ms. Smith replied, That is the site plan that was presented in the meeting of the Area Plan Commission. Committeemember Broden followed up, In the packet there is a page that references renovations for the Women's Care Center. Can you address whether this was part of the file or if it was intentionally left blank? EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 if574.235.9173 TTD 574.235.5567 1 www.southbendin.gov 2 ®CITY OF SOUTH BEND OFFICE OF THE CLERK Ms. Smith replied, My guess is that is a printing error. If you look at the site plan you will see a `C 1.0'. Our site plan was scanned in an eleven(11)by seventeen(17). So when it was printed for you it was probably printed on two (2)pages. Richard Nussbaum, 210 S. Michigan Street, handed out additional exhibits which are available in the City Clerk's Office. He stated,First of all,I would like to thank all of you for the attention you have given this particular petition. I know there has been a lot of information provided to you and hopefully through the course of this afternoon and evening, we can perhaps clarify all issues and questions you might have. With me this evening are a number of individuals from the Women's Care Center and the neighborhood wishing to speak on this petition. Some will speak now and others will testify later this evening. To my right is Marty Murphy. He will not be testifying this afternoon unless there is a question about the site plan or the architectural plans and the specifications in relation to the information already provided. To my left is Ann Manion and she is the volunteer Executive Director for Women's Care Center since 1984 when it was started here in South Bend. Next to Ann is Jenny Hunsberger and she is the Vice President of the Women's Care Center. Next to Jenny is Anthony Douglas and he will be speaking on the petition. Last but not least, Derek Fodrocy is the neighbor to the West of the property and would like to address the Council this afternoon and this evening. Mr.Nussbaum continued,The most common comment I have received from those who have taken the time to contact me is that this is a zoning issue. I appreciate Mr. Palmer's review of the criteria necessary in making a decision on this matter. I'm going to do my best to stick to this criteria, however, there may be some times to deviate a little from that to answer some issues that have been raised to the Council. In order to facilitate the discussions this afternoon, we provided you a position which summarizes what we believe our case is to bring to you for an approval of this petition. The Women's Care Center has been a long standing, charitable tax-exempt organization providing valuable services to our community. It is now located in ten(10)states with twenty-nine (29) locations. It has an impressive record of success and peaceful coexistence with others who may have another point of view on women's reproductive rights. This is something the Women's Care Center has tried very hard to maintain and has tried very hard through this process to ensure that everyone that may have a different perspective is aware of I think,unfortunately,the Council has been provided with some information that needs some clarification with regard to those items the Women's Care Center has been involved in and those items they have not been involved in. Mr. Nussbaum went on, We are a late award winner of the Downtown Pride of Place Award. We are not just a good corporate citizen,we are a great one (1). Sufficed to say, we have reached out to every individual who sent a written remonstrance to the Area Plan Commission. A copy of the message we sent to them is provided in the packet we have provided to you. We also reach out to Whole Women's Health Alliance for any information they would like to see from us. There has been very little response to what we sent out and no one took us up on the invitation to visit our facility except for eight(8) of you, and we appreciate the time you took. Mr.Nussbaum continued, I would like to move to the criteria we need to talk to you about for the rezoning. I won't repeat what Mr.Palmer told you,but I would like for you look at the first handout I have provided to you that has Bendix Node in the right hand corner and it's actually three (3) pages. It is pretty much the same document. The top document is an aerial view that shows the actual buildings and streets. The second is a more schematic and the third is also schematic but has individual property boundaries. The important part of this exhibit is the fact that 3527 Lincoln EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 if 574.235.9173 TTD574.235.55671www.southbendin.gov 3 CITY OF SOUTH BEND I OFFICE OF THE CLERK Way West, which is the subject property we are dealing with, is located in what is known as the Bendix Node. There was some information presented to you that indicated it was outside the Bendix Node. I think that is very important in terms of what we discuss as we move forward. It will serve as a reference point moving forward. The first item of criteria is the comprehensive plan. What we pointed out to you in the materials provided is that there was a comprehensive plan, called the City Plan, which was enacted and approved by this Council back in 2006. We have provided you a few pages from that plan as well as a copy of the resolution that approved that plan. If you look at the resolution it said it was a twenty (20) year plan. The intent was that it would be something reviewed by future Councils. What also is included in the information provided was some specific areas where it was decided that neighborhood specific plans would be looked at going forward. That is found in Objective ED-7.3 which is part of the information I've provided to you. It says that its purpose is to support neighborhood based economic opportunities identified in area specific plans. In 2014,there was a West Side Main Streets Plan that is such an area specific plan. Included within that plan are different corridors. One (1) of the corridors is the Lincoln Way West corridor and the other is the Bendix Node which is the one (1) we are talking about. The Bendix Node contains the property in question. The various nodes were developed in order to encourage certain activities that might support residential areas that lie between the nodes. As Angela showed you, there are some residential areas immediately to the West, the South and to the North. This is zoned residential but within the Bendix Node. The Bendix Node in the plan provides for certain uses that are commercial, such as medical offices. The Women's Care Center, we believe,falls into that category. We will talk about that in a little more detail as we move along. Mr. Nussbaum continued, The comprehensive plan adopted in 2006 has really been looked at carefully by that Council and this Council. A number of things have occurred since that time that are consistent with not only the comprehensive plan but also the various corridor plans that include the West Side and other parts of the City. For instance, in the River Park and Miami area, Wilbur and Lincoln Way West area, Portage and Elwood area, there are different nodes and corridors where you had developed plans and allocated funds in order to support the plans you have adopted. In addition, there has been some very extensive work on the part of this Council to look at residential needs within the neighborhoods. There was an update on incentive strategies for inclusive growth that occurred in December 2017 the Council participated in. Within that plan, it talked about $2 million TIF funds for the improvements to the Lincoln Way West and Charles Martin Sr. Street Node. Again, this is evidence that these plans are alive and well. Within your packet, there was also information relative from the Main Streets Plan that showed the various nodes and maps that are a part of that plan. Mr. Nussbaum continued, I believe on page fifty-four (54) and fifty-five (55) of the West Side Main Streets Plan, it says a series of nodes rather than a continuous strip is the most desirable manner of development because it can create pedestrian friendly destinations with unique identities that have the greatest chance of competing in the regional marketplace. Fortunately, in contrast with Western Avenue, Lincoln Way West generally already follows this development pattern. However,it is evident there is some erosion to this clear pattern as some homes between the nodes have been adapted to commercial use. There, the plan indicates that the Council is looking specifically at residential plans between the nodes. The property in question is not a residential property between the nodes. This is a residential property within the Bendix Node. A shortage of commercial space is not the driver for this conversation, given that there are several vacant buildings along the corridor. This change should be halted before these changes negatively impact the corridor. Again, we are talking about those areas between the nodes. It then goes on to talk EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 If 574.235.9173 i TD574.235.5567Iwww.southbendin.gov 4 CITY OF SOUTH BEND I OFFICE OF THE CLERK about those areas between the nodes. It is important to support and enhance the existing nodes. It is equally important to ensure that development does not creep into the zones that are, and should be, predominantly residential between the nodes. Where current uses are consistent with policy, the existing dawning should be enforced and changes of zoning to individual parcels should not be permitted. In addition,the zoning should create incentives to change from commercial use to a residential use while providing the incentive of higher density residential uses. In this particular plan, it is not only talking about protecting those areas between the nodes but it is also talking about higher density uses for those residential properties that are between the nodes such as those multi-family developments considered in your December 2017 housing study. Mr.Nussbaum went on,The long and short of that is that we believe,as the Area Plan Commission staff believes that this particular parcel at 3527 Lincoln Way West that is being rezoned from residential to Office Buffer, is exactly what the Zoning Ordinance as well as this West Side Plan meets. This particular plan will take up a currently residential home,renovate it at a cost more than $500,000, and it will continue to keep the residential nature of the home in place. As mentioned, many thousands of babies born each year are babies of clients who have seen counselors at the Women's Care Center. One third(1/3) of those babies come from the 46619 and 46628 zip codes. There was real concerted effort to try and locate this new venue in an area where women would otherwise be visiting the Whole Women's Health facility which will be right next door. It is not unlike seeing the other businesses along the Lincoln Way West corridor. There are at least three (3) or four (4) fast food restaurants, gas station, hotels, and they are all located very strategically. Part of the issues that have arisen in this situation are because the Whole Women's Health has a different perspective on women's reproductive rights than the Women's Care Center does. Many worry there will be problems with conflict. We are here to tell you this evening that our record with regard to that is outstanding. We believe there will not be any conflict as it relates to our location to the Whole Women's Care Alliance. That particular facility hasn't opened yet because it has some licensing issues it is dealing with down State. We have not had anything to do with that. We haven't lobbied that the license be withheld. We have been totally out of that mix. We anticipate they will, eventually, be able to obtain that license and at some point and time will be able to offer services that are legally available to women in the United States of America. We are not here to argue that. We are not here to prevent women from making the kinds of choices they wish to make. We are here to give women the opportunity to make a choice one(1)way or another with regard to their reproductive rights. There are twenty-two (22) other locations throughout the country that a facility such as Planned Parenthood and our facility are located next to each other. Sometimes it is very hard to prove a negative but if you research the record carefully,you will find there haven't been any issues with regard to our location being next to theirs. Mr.Nussbaum continued,There was some concern that we might have overpaid for our property. We don't believe we did. We paid what we thought we wanted to pay. We probably paid premium because we thought it was a perfect location for us. We were actually bidding against another individual who was also of a certain political mind who takes a much more aggressive stance, as it relates to right to life issues, who wanted to use this property as a staging area for the kinds of protests that you are concerned about. That is not what we are up to and we don't want that to happen because that is not good for the women. We have made a written commitment that we would not allow any protests to occur on our property against anyone. That is not good for our women that use our facility or the women that would use the facility next door. We are willing to put that in writing.That is a very significant offer. I'm not sure that anyone has even made an offer to this Council that they would waive their First Amendment rights to ban protests for their EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 lf574.235.9173 TfD574.235.5567 1www.southbendin.gov 5 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK property. That is what we are willing to do because we think it is so important for us to be located there to provide services to the women on the West Side who are in need of our services. Mr. Nussbaum went on, As I mentioned before, Women's Care Center is not a politically active organization. We don't get involved with lobbying or demonstrations and if anyone has presented to you evidence, which they have, of other demonstrations, we have nothing to do with those. We don't participate in them, we don't encourage them and we have nothing to do with them because we don't believe it is in the best interest of the women who want to use these services. We don't make anyone feel guilty about the choices they make. We are a non judgmental and a loving organization. The evidence proves that. The fact that we have indicated we would put the kind of money in this area would only enhance the value of the properties in this area. It will be a benign use. They will be able to park and come in off of Lincoln Way. If they are taking a bus to our facility, they will be able to get off the bus at the corner of Lincoln Way and Illinois and walk a very short distance up to Elwood and access our property from behind. We will make a commitment that individuals can access the facility by foot from Elwood. We believe this is consistent with the comprehensive plan. The current condition and character being a mix of commercial and offices and therefore this will be consistent. The most desirable use from the Area Plan Staff state it is office or commercial use and we agree with that. It will preserve property values and it will sponsor responsible development and growth. Mr. Nussbaum continued, I want to move back to this safety issue. It seems to be a great concern to the members of the Council. The second handout I provided to you is what is entitled `Research Brief on 05-18'. This was a public concern and had harmful outcomes resulting the change of zoning for 3527 Lincoln Way West. This was provided to the Area Plan Commission and I think it was provided to the Council. I just want to go through a few things that were said in it. On the first page in the third paragraph it states the area between this property and at 3511 Lincoln Way West will become a zone of conflict. It will cause harm to public safety for the neighborhood and contrary corridor development. This brief provides evidence as to the real estate history of Women's Care Center Inc., public safety concerns, and how this rezoning does not fit with the commercial corridor plan. As I've mentioned, this rezoning fits perfectly with the commercial corridor plan. The history of the Women's Care Center is that we don't have conflict even though we may be located right next door from a center that might have a different perspective of women's reproductive rights. On the second page in the middle it talks about in 2016 a Women's Care Center moved into a property next door to the Bloomington Planned Parenthood. We didn't move in 2016. We moved in 2017 next to that. It then talks about picket signs on South College Avenue in Bloomington between the Women's Care Center and Planned Parenthood. I will tell you, categorically, that is not true. Those pictures provided are not in front of the Bloomington Women's Care Center or the Planned Parenthood. They just aren't. First of all,anyone who would protest, we would not have anything to do with. It talks about a constant stream of clinic harassment blocking busy streets and in quiet neighborhoods. The protestors disrupt traffic, cause nuisances and create an unsightly environment. That does not happen at our facilities. This is not true. I'm not going to say there aren't other organizations that might picket or do things like that, but that is not our organization or any organization we support. Mr.Nussbaum went on,It then goes on to talk about,on the third page,the legal remedies for most OBGYN Clinics to secure the safety of their patients is through buffer zone law, ordinances or injunctions. You don't need to do that here. We have offered to put in writing and would honor the commitment to not permit protests on our property. So you don't have to go through any of EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 if 574.235.9173 TTD 574.235.5567 1www.southbendin.gov 6 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK that. That is not necessary. The last thing I wanted to point out to you is on the third page, there is a picture of some protestors that are taking place in Kentucky. We don't have any place in Kentucky. This picture is trying to lump us into other organizations. We don't do that, we don't support that group. This is not the Women's Care Center that is being portrayed in this picture. On the next page, the first paragraph has a sentence that says the property 3527 Lincoln Way West falls in a residential area between the Sheridan and Bendix Nodes. They included the map that we have included in our presentation. Our property is not in the yellow, it is in the blue, as I showed you earlier. So when they say the 2014 commercial corridors plan would not support the rezoning of the property, that is not true either. The 2014 commercials corridor plan does support this rezoning. Beneath the map on page.four(4) it talks about what was in the plan. I read to you what is exactly from the plan. The conclusions they are reaching are based upon the premise this property is located between the nodes. It is not located between the nodes, it is located in the Bendix Nodes. Mr.Nussbaum continued, The last set of documents that I provided you has a picture on the front of it. Under the picture, the caption says `Graphic picket signs line South College Avenue in Bloomington between Women's Care Center and Planned Parenthood.' That is not Bloomington. The second page is a picture of Planned Parenthood Bloomington Health Center next to the Women's Care Center. As you can see, it is a very nice tree lined area. If you compare that picture to the actual site, they aren't even close. What is really important for you to look at in the picture saying it is graphic picket signs is that there is a Penske sign located in the picture. There is no Penske sign located in the second picture. The third picture provided to you is another view of South College Avenue from a different perspective and there is no Penske sign. There is another taken at 2212 South Yost Avenue and there is a Penske sign there but that is three point one (3.1) miles away from the Bloomington site they are saying was the site of the protestors. There is another Penske sign that is at 115 West First Street and that is in the fourth picture. Then there is a sign where there is a picture of 701 College Avenue which is a different perspective. 115 West First and 701 College Avenue are parallel to one another. There is a Penske sign there but it isn't the one (1) in the graphic pictures. A lot of trouble has been gone through to try and provide you information that shows that we are protesting areas that have women's reproductive right services that are different than the ones we provide. That is not true. It is not true. Our thirty-five (35) year history shows that it is not true. The evidence you have been provided shows that is not true. What troubles us more than anything else is that we reached out to these folks and we told them in the letters we sent that we don't do that. Yet in earlyApril, they are sending you this research paper that says exactly the opposite. That is unfair to us because it has raised a whole lot of concerns in your minds about the safety problem. There will not be a safety problem. I would ask you to not consider that in your decision. And if you do consider that,that is fine, because it is not true. Mr. Nussbaum went on, There has been some concern that this might be considered spot zoning. I went back and did a little research and I provided the Council with a case that was decided by the Indiana Court of Appeals in 2009 involving a case that occurred over in the town of Michigan Shores. In that case,the Court of Appeals talked about spot zoning. They define spot zoning as the singling out of one (1) piece of property for different treatment from that afforded to similar surrounding land which is indistinguishable from it and its character, all for the economic benefit of the owner of the lot or areas singled out. There are two(2)things about that definition that don't apply to our petition. Number one (1), there is similarly situated zoned land immediately to the East that is zoned OB. There is a lot of other commercial zoning nearby. Secondly, this isn't for just our economic benefit. This is for the benefit of the women who use our services. They are EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld i South Bend,Indiana 466011 p 574.235.9221 f574.235.9173 ITTD574.235.5567 1www.southbendin.gov 7 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK given free of charge,tangible property items such as cribs, diapers, vitamins and medicines, all in total of$633,000 last year. Spot zoning is not illegal, per se, in Indiana, and that is also what the Court said. Rather, we must consider whether the zoning action bears a rational relation to the public health, safety, morals and convenience or general welfare. I really hope you look carefully at the evidence we have provided to you. There is only one (1) conclusion and that is this property and rezoning will relate very positively to the public health, safety, morals, convenience and general welfare for the citizens of South Bend. Committeemember Ferlic asked, In light of all the information we have received, is there an opportunity to continue this bill to work with the neighboring property to see if there is a solution that works for both property owners? Mr. Nussbaum replied, What would you think that solution might be? Committeemember Ferlic replied, I don't know but at the same time I think it is always worth, when two(2)properties seem to be in opposition,to continue this bill and see if there is an amicable solution that works for both property owners. Mr.Nussbaum replied, We would be more than happy to try and reach an amicable solution which is why we reached out to them and asked if they would talk to us which they have not done. There hasn't been dialogue and they have had the opportunity to do that. I'm not very optimistic that the dialogue from the other side is going to be productive but we are willing to listen to anything they have to say. I would be really interested to see what more we can do. We said there won't be any protests. What more can we do? Committeemember Ferlic stated, I think there is an opportunity tonight to continue this bill and work with the adjacent property owner to see if there is a solution that works for both properties. Mr. Nussbaum stated, We would very much appreciate the opportunity to do whatever we can to get this to work. We would ask you to allow the many people that are coming this evening to give their viewpoints on this. If after you hear these people speak, if you would like us to continue to speak with the adjacent property owner, we would be happy to do that. Councilmember Regina Williams-Preston stated,You mentioned that you made a concerted effort to locate in this area where women are in need of your services. You also talked about women on the West Side, specifically, who are in real need of your services. I agree and being the representative of this area, I one hundred percent (100%) welcome your services and I think it is absolutely needed. My question is,why this location?More specifically,what data did you use to identify this location?I haven't done the research but I can imagine a lot of other places that would be a fantastic space that is more in an area that might be more accessible for the target population. Mr.Nussbaum replied, There are basically four(4)reasons why we chose to locate there.Number one (1), we have thirty-five (35) years of history where we have located near a facility like what is located there and it has been very good for both facilities in the sense that the women that are in need of those services, one (1) way or the other, are getting what is best for the women. Number two (2) is we had a few benefactors who were willing to give us the money to not only buy the property at a premium, like you talked about,but to also renovate it at a very large cost so that the property itself would be equal to or better than the other properties we have on the East Side. That EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227W Jefferson Bvld I South Bend,Indiana 46601 p 574.235.9221 l f574.235.9173 ITfD574.235.5567 1www.southbendin.gov 8 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK is what we want for the women on the West Side. It is a very specific grant and if we don't locate there, those persons are not giving us permission to locate somewhere else. Number three (3) it is like McDonalds locating next to Wendy's or CVS next to Walgreens, there is a critical mass that business dictates that must be considered. That is another consideration.Number four(4) is that it is on a major street. There is a bus service nearby. It is easy access via Lincoln Way and it met all the criteria we thought would make sense. Finally, us being there is going to be a whole lot better than someone else who wants to use it as a staging ground for protesting,which wouldn't be good for anybody. Councilmember Sharon L. McBride stated, My only comment is my disappointment of being informed you will be closing the location on Chapin. There are people still there that still need service, specifically minority and low income. To me it is a little disheartening to take away services from so many families in that area. Mr. Nussbaum replied, We are not going to take away services. Our Chapin Clinic is challenged because it is not nearly as nice. We want to be able to provide even more services. There are those that give those services that could answer your comment better than I. Committeemember Broden asked, You had mentioned the definition for spot zoning, would you mind going over that again please?And as a follow up, I would like a definition of Office Buffer. The request is for Office Buffer in regards to strong development planning. How does that fit in the mix? Mr.Nussbaum replied,It is in the case Bruce C. Scalabrino et. al.vs.the Town of Michiana Shores and Joanne Lewis. It is in the Indiana Court of Appeals and was decided back in 2009. In it the court says on page fifteen(15) of the decision spot zoning is, `...the singling out of one (1)piece of property for different treatment from that afforded to similar surrounding land which is indistinguishable from it and its character, all for the economic benefit of the owner of the lot or areas singled out.' It also goes on to say that, `Spot zoning is not illegal,per se, in Indiana. Rather, we must consider whether the zoning action bears a rational relation to the public health, safety, morals, convenience or general welfare.' Ms. Smith replied, The Office Buffer District in the intent section states it, `...is established to promote the development of small scale office, professional business, governmental and quasi- governmental uses since the type of permitted uses in the OB District are typically less commercial in appearance and architecturally more harmonious with residential structures. This District can serve as a buffer between residential districts and more intense commercial or industrial districts. The OB District may also serve as a gradual and reasonable transition between major thoroughfares and residential districts. The OB District development standards are established to assure small scale developments.' One (1) such standard, for instance, is a cap on square footage of how large a business in OB can be. Committeemember Broden followed up,How does that generally relate to a typical street in South Bend? Ms. Smith replied, A lot of times you'll see, for instance on Ironwood near Edison, a portion such as an insurance office where they were transitioning from the more intense commercial node at the corner of Ironwood and Edison. Typically you'll see it as you move from the nodes out. You may EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 If 574.235.9173 1 TTD574.235.5567 I www.southbendin.gov 9 CITY OF SOUTH BEND I OFFICE OF THE CLERK also see it along some of the corridors where a more intense zoning district might bring some retail that might not fit next to a residential property. Sometimes you'll see it for a library like the one (1) on Mishawaka Avenue. It is often used to buffer. The other thing is when working with the Plan Commission Staff, we always encourage the petitioner to seek the lowest possible zoning district to achieve their desired use. So if an office comes to us and they want to rezone to commercial, even though their use may be allowed in that district, we try to find the lowest and least intense district possible to minimize any impact on surrounding properties. Often, Office Buffer is the first district we recommend to petitioners seeking to do something of this nature. Councilmember Dr. David Varner stated, I would just like to confirm that this particular property is within the Bendix Node as defined in the comprehensive plan. Ms. Smith stated, Yes, I can confirm it is in the Bendix Node. Councilmember Dr. Varner followed up, Real quick, the architect, Marty, will these proposed changes be more commercial or are they going to follow the directions of the Office Buffer District? Marty Murphy,Alliance Architects with offices located at 929 Lincoln Way East,replied, We will leave the existing house in place. We will build a house addition to the north. There are no plans to convert it to a commercial look as it would be contrary to the philosophy of keeping it as residential looking as possible. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Derek Fodrocy, 3601 Lincoln Way West, stated, I am the third generation owner of that property in my family. I live directly adjacent to the property in question. I have no plans on leaving soon. Friday, I sent a letter to you all and I would like to read it again. It is very brief. Dear Common Council Members, I am very please to be able to address you on behalf of the Women's Care Center. I fully support them in receiving the proper zoning and to be able to open in the house directly next door to my home at 3527 Lincoln Way West. When I heard an abortion clinic,Whole Women's Health, was moving in two (2) doors away I was horrified and very worried about what that would mean for the neighborhood.After much research and meeting the staff of the Women's Care Center,I am fully behind and greatly want their presence between my property and the Whole Women's Health facility. The Women's Care Center is a beloved charity that has been helping many women in this area for many years in this community. They provide much needed support and services that help so many families in our area, especially on the City's far West Side. Not only that,but I believe the addition of this center next door will be an upgrade to the neighborhood. The plans they have for the property will contribute to the ongoing beautification of the Lincoln Way Corridor project and bring services closer to people that need the services most. I have had the opportunity to visit the facility on Notre Dame Avenue and could not be more pleased to have them as my neighbor. It will not only be beautiful and well maintained, but it will help keep the feel of the residential atmosphere by maintain the architecture and upgrading the landscape. As someone first comes into South Bend coming down Lincoln Way, seeing this organization will be warm and welcoming. They will know we are a family oriented community. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227W Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 If 574.235.91731 TM 574.235.55671 www.southbendin.gov 10 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK Jen Hunsberger, 360 N. Notre Dame Avenue, stated, I serve as Vice President of Women's Care Center. I have more comments but I will save those for this evening. I did want to respond directly to the comment about the Chapin Street office. I would like to say that our care and commitment to the women at Chapin is a big part of the reason we are moving. It is true that it is further away for some of our clients but we did a couple of things. We asked the clients what they thought and there was overwhelming support that they want more. They want more space, they want more classes and they want the ability to have pregnancy tests and ultrasounds at the same time. They want a larger crib club. This really will support and serve them. This will give them the care that we feel they deserve. We are absolutely committed to making sure that they are able to access our facility. This is more accessible to most of the clients using Chapin Street. For some, it is further away but they both want it and we are, to the end, committed to their care. We will not leave them abandoned. Marcy Bauer, 1426 Wayne Street, stated,It is interesting to me how Mr.Nussbaum and I can look at a plan and come up with totally different analysis of it. I guess one (1) of us has fake news somewhere. I think there is a lot of ambiguity in terms of the West Side Main Streets Plan. I should back up and say I am an Urban Planner by vocation and training and work experience. While it may be true that the West Side corridor plan includes this parcel in the western most edge of its Bendix Node, the fact that the parcel is zoned residential raises a question to me why it was even included in the node. If you look at the picture that Ms. Smith had up before, there is a very clear division between where the Whole Women's Health Clinic and the houses are. There is a natural barrier of trees and grass so it is apparent to me that is where the distinction is in terms of land use. I go back to that plan that said it is important to ensure development does not creep into the zones that are, and should be, predominantly residential between the nodes. In the spirit of the plan, we need to maintain a strong residential separation between the two (2) commercial nodes. It is clear to me that all those houses together is your strong residential node. If you erode one (1) you will create a domino effect. Pam Claeys, 1106 Bellevue Avenue, stated, I appreciate this moment to take two (2)minutes with you. Tonight I will have more comments but the comment I really want to focus on is that,I agree, the Women's Care Center is not going to have protestors. They are not going to protest. They are going to be a magnet for protestors and that will happen. I referenced an article in the South Bend Tribune from March 2016 that I hope you have in your packet. It describes a history of trespassing, intimidation,restraining order violations,mass arrests for blocking access to the previous abortion clinic, locking themselves in the clinic, and spraying butyric acid. This is a public safety issue, it is a financial issue for the City and don't you think it is not. Protestors will spill out onto Lincoln Way. I will save the rest of my comments for this evening. Committeemember Ferlic made a motion to recommend Bill No. 05-18 be continued until April 23rd,2018. Committeemember Nanci Yokom seconded this motion which failed by a roll call vote of one (1) aye (Committeemember Ferlie) and four(4)nays. Committeemember Broden then made a motion to send Bill No. 05-18 to the full Council with a favorable recommendation. Committeemember John Voorde seconded this motion which failed by a voice vote of two (2) ayes (Committeemember Broden and Committeemember Voorde) and three(3) nays. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 If 574.235.9173 TTD574.235.5567 1 www.southbendin.gov 11 CITY OF SOUTH BEND I OFFICE OF THE CLERK Committeemember Ferlic then made a motion to send Bill No. 05-18 to the full Council with no recommendation. Committeemember Broden seconded this motion which carried by a voice vote of five (5) ayes. With no further business, Committee Chair Davis adjourned the Zoning and Annexation Committee at 6:17 p.m. Qtfully bmitted, mmittee Chair EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227W Jefferson BvldI South Bend,Indiana 466011p574.235.9221lf574.235.9173 TTD574.235.55671vwwvsouthbendin.gov 12