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HomeMy WebLinkAbout06-11-18 Zoning and Annexation 04 spy a� x 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING&ANNEXATION JUNE 11, 2018 4:00 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic (late), Jo M. Broden (late),Nanci Yokom (citizen member) Committee Members Absent: None Other Council Present: Karen White, Jake Teshka, Tim Scott, Sharon L. McBride, Regina Williams-Preston(late) Other Council Absent: None Others Present: Kareemah Fowler, Bianca Tirado, Graham Sparks, Bob Palmer, Casey Colvin Presenters: Jordan Wyatt, Bernie Feeney Agenda: Bill No. 14-18- Rezoning for 1619 South Michigan Street Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 4:00 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters. Bill No. 14-18- Rezoning for 1619 South Michigan Street Jordan Wyatt, Zoning Planner for the Area Plan Commission with offices on the 11th floor of the County-City Building, stated, The petitioner is requesting a zone change in the area outlined in red (referencing a presentation available in the City Clerk's Office) from LB, Local Business District to CB, Community Business District and seeking a special exception use for automobile sales. To the north across the alley is a vacant business zoned LB,Local Business District.Across Michigan Street to the east are Single-Family homes zoned MU, Mixed-Used District. Committeemember Jo M. Broden arrived at the meeting at 4:01 p.m. Mr. Wyatt continued, To the south is a Family Dollar zoned LB, Local Business District and to the west are properties zoned LI, Light Industrial District. The site plan shows that the building and parking lot will remain and will be used for parking for the restaurant and displace spaces for the car dealership. This comes to you from the Area Plan Commission with an unfavorable recommendation. Committee Chair Davis then opened the floor to questions from Committee and Council Members. INTEGRITY1 SERVICES ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.T�RADo JOSEPH R MOLNAR Cum F DEPUTYlDmECFOR 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 Councilmember Karen White asked, Can you go into detail as to why the Area Plan Commission's recommendation is unfavorable? Mr. Wyatt replied, Most of it came from the fact that we felt it didn't fit in with the character of the surrounding properties in the neighborhood. It didn't generally correspond to the Comprehensive Plan. Councilmember White followed up, Were there any individuals that spoke in opposition at the meeting? Mr. Wyatt replied,No. Councilmember White went on, We have a number of used car dealerships already on Michigan. Do you have any idea of how many we have? Mr. Wyatt replied, I do not but I can look that up before the meeting tonight. Committeemember Jo M. Broden interjected, I think it was said at the Area Plan Commission meeting that there are eight (8) within the proximity. Committee Chair Davis stated, The issue was it would be an eating facility along with it, is that correct? Mr. Wyatt replied, That is correct. The restaurant will remain. Committee Chair Davis stated, That was the concern from that standpoint. I was at the meeting. With the restaurant standing alone it is fine. But when they want to add this, that is the issue of discussion. Committeemember Gavin Ferlic arrived at the meeting at 4:03 p.m. Councilmember Tim Scott stated, I'm still trying to get my head around this. So where the eating establishment would be would also be where you buy cars? Bernie Feeney, 715 S. Michigan Street, stated, I was under the impression from the testimony of the Area Plan Commission staff after the meeting, that the Comprehensive Plan for this particular section of South Bend has not been adopted by the Council and was not a document that was in full force and effect.They referred to it multiple times during the course of the meeting and referred to it as if everybody had voted on it and as if everybody had a chance to discuss it and respond to it. That is just not the case. You folks have not adopted the Comprehensive Plan for South Michigan Street. That plan has been there and has been available for you to discuss and adopt at any point but has not, in any way, shape or form been adopted by this body. That is just a point of order. Committee Chair Davis stated, His point of order is well taken and that is something we need to carefully consider because he is correct. 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 TTD 574.235.5567 I www.southbendin.gov 2 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK Mr. Feeney continued, I am here on behalf of Amjad Ahmed and Jay Ameer, the owners of the JJ Fish franchise that is located in the front of this building. The plans themselves indicate that the carry-out restaurant will continue to occupy the space in the north-east corner of the building while the area that is currently unused,the south and west sides of the building, will be devoted for sales offices for used car sales. These two spaces will be completely separate and will be completely distinct from one another. There are a number of spaces that have been specifically devoted in this site plan to customer parking for the restaurant. Those spaces are in fully compliance with Code and are more than adequate for parking at this particular location. Mr. Feeney went on, I've been down there to the restaurant, sometimes during the lunch hour and there have not been many cars waiting. This is a carry-out restaurant. There is a small table in one (1) corner but that small table is ineffective. These people have purchased the former Bonnie Doons restaurant. Those familiar with this particular section of town are well aware that sat idle for twenty (20) or more years before it was purchased. It was not purchased by the two (2) gentlemen I am representing. It was purchased by an intermediate who, again, at that time, erected a six (6) foot chain-link fence around the perimeter and across the front. Our variance requesting that remain was denied at the Area Plan Commission meeting. Mr. Feeney continued, The number of spaces there are plentiful for display of used cars. Whether or not there are five (5) or twenty-five (25) used car dealerships in that area is not necessarily the issue. What we find here is we have an underutilized piece of property that, by the grace of God is currently paying taxes right now. It is owned and is proposed for development at this particular location. There had been another used car lot in this same block immediately north. There were used cars being sold across the street around the convenience store there. There are a number of used cars being sold at various locations south of here. It is not something that is unique to this area nor is it something that would be a blight to the area. Mr. Feeney went on, If this property were to remain in its current LB zoning, it could be used for the site of a self-service Laundromat. It could be used for cabaret or a fast food restaurant. It could be used as a mortuary or a check cashing outlet. It could also be used as a liquor store or pawn shop.And those would be able to happen without any trip to this body.Additionally,with a special exception, it could be used as a quick change oil, a tattoo or body piercing, billiards hall, arcade or a private club. So the zoning for this area is S. Michigan Street zoning. Our office has been in the S. Michigan Street area, in the seven hundred (700) block and we have seen continued blight in that area since we bought our property thirty (30) years ago. At that point in time,the area was a bargain that we thought might rebound. We thought wrong. It never happened. Mr. Feeney continued, These gentlemen are willing to invest in this particular property to a larger degree than what they already have. This is one (1) of three (3) franchise locations they own throughout the City of South Bend. They have one (1) on Lincolnway West and they have one (1) on Edison Road. This is their third (3rd) location and, with a little bit of luck, they will continue on. I don't think this Council wants anything like the strip joints to the south of here or the massage parlor located a little bit to the south,but I don't think a used car lot is that big a deal. Councilmember Scott asked, What did our Department of Community Investment say on this? Mr. Feeney replied, They referred to the Comprehensive Plan and indicated that it did not fit. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 If 574.235.9173 1 TTD 574.235.55671 www.southbendin.gov 3 CITY OF SOUTH BEND I OFFICE OF THE CLERK Committeemember Broden interjected, There are also a couple recommendations within the staff report and I know that was discussed. There was discussion about the offering of a written commitment to limit the number of vehicles to twenty-seven(27),as per the site plan.Also,in lieu of providing foundation landscaping, adding one(1)to two (2)replacement trees in the public tree lawn. And my assumptions are just basically looking at the pictures because there's really not much space there. Are the petitioners making any commitments? Mr. Feeney replied, If that will make a difference and if that is the tipping point, yes. They would offer those commitments. Committeemember Broden then stated In terms of those other alternative uses that could be here with the current zoning, some of those that you mentioned are actually controlled uses. So I want to make sure we aren't bundling all of that. Just to be clear for everybody in our consideration. Mr. Feeney replied, The uses that did not require any kind of special exception were the check cashing outlet, liquor store, pawn shop, mortuary, cabaret, family lounge and restaurant. Committeeemember Broden followed up, With regard to, just a correction if I might, the Comprehensive Plan, it has been approved. That was in 2004. But the South East Corridor Plan was not.That is the distinction that needs to be made. I agree with you on that but I think,certainly, the sub-plan is part of the Comprehensive Plan but since it has not been approved, it really should be. Mr. Feeney stated, Mr. Wyatt had mentioned that the Michigan Street Corridor Plan had been out there but had not been adopted by the Council. Committeemember Broden interjected, And had not even been adopted by the Area Plan Commission. It hasn't even been presented to the Area Plan Commission. Committee Chair Davis stated, To my understanding, I would say that it was referred to. So therefore, since it was referred to, I do understand why they voted the way they did but in all fairness, Mr. Feeney's point is correct. It has been referred to significantly and neither the Area Plan Commission nor the Council have adopted it. Mr.Feeney interjected,In consultation with both of the owners,this is not a plan that we just threw out there. We don't want to waste your time that way. We consulted with Area Plan before we initiated this process and received what I thought to be a reasonable recommendation. It was more than a fifty-fifty (50-50) opportunity. Otherwise, I wouldn't have recommended that these gentlemen waste their time and money on me presenting for them. Councilmember Scott asked, Can you give me the addresses of their other businesses? Mr. Feeney replied, They are both JJ Fish businesses. They do own a car lot on Lincolnway East but I don't know in what name they own it. Councilmember Scott followed up, It isn't JJ Fish I'm concerned with. It is the car lot that I'm concerned with and how it fits. I do believe you that you got the information from Area Plan. The EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld I South Bend,Indiana 46601 p 574.235.9221 lf574.235.9173 ITTD574.235.5567!www.southbendin.gov 4 CITY OF SOUTH BEND I OFFICE OF THE CLERK thing is here we are with a zoning and, with no disrespect to Area Plan, there is a disconnect between Area Plan and our Community Investment. Committee Chair Davis asked Council Attorney Bob Palmer about the timeline for this legislation. Council Attorney Bob Palmer stated, The ninety(90) days started at the May meeting. Committee Chair Davis asked, Is it possible for those two (2) gentlemen to come here? I think there should be some sort of discussion because it is referring to a plan that is not active. Councilmember Scott stated, The way I look at it is, from a marketing standpoint, it seems a little convoluted in how it fits.It will look like JJ Fish has a ton of business.How will they differentiate? I have more questions on this. Mr. Feeney asked, May I schedule an informal meeting through Committee Chair Davis? Committee Chair Davis replied, I'm at peace. I'm ok. I'm good. Let's work on that and with the Clerk's Office. I'm open with that. This was a little interesting. Mr. Feeney asked, May we table this hearing from tonight's meeting? Committee Chair Davis replied, Yes. And your word is noted by the Clerk and we will come back to try and figure all of this out. Committeemember Gavin Ferlic made a motion to continue Bill No. 14-18 to the June 25, 2018 meeting of the Common Council. Committeemember John Voorde seconded this motion which carried by a v ' vote of five (5) ayes. With further usiness, Committee Chair Davis adjourned the Zoning and Annexation Co 'ttee meetin at 4:21 p.m. es e t lly Sub itted, Oliv Davi ittee Chair EXCELLENCE I ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld I South Bend,Indiana 466011 p 574.235.9221 if574.235.9173I TTD574.235.5567 www.southbendin.gov 5