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HomeMy WebLinkAbout07-23-18 Zoning and Annexation U d PE CE x x 1865 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERIL ZONING&ANNEXATION JULY 23, 2018 4:20 P.M. Committee Members Present: John Voorde, Gavin Ferlic, Jo M. Broden,Nanci Yokom (citizen member) Committee Members Absent: Oliver Davis Other Council Present: Regina Williams-Preston, Karen White, Jake Teshka, Tim Scott Other Council Absent: Sharon L. McBride Others Present: Kareemah Fowler, Bianca Tirado, Graham Sparks, Aladean DeRose, Casey Colvin, Gabriel Murei, David Boling, Elivet Navarro Presenters: Jordan Wyatt, Bernie Feeney, Mike Danch Agenda: Bill No. 18-26- 1235 W.Napier St- Special Exception Use Bill No. 25-18-4546, 4566, &4612 North Lake Blackthorn Drive Rezoning Bill No. 14-18- 1619 S. Michigan Street Rezoning Vice Committee Chair John Voorde called to order the Zoning and Annexation Committee meeting at 4:20 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters. Bill No. 18-26- 1235 W. Napier St- Special Exception Use Jordan Wyatt, Zoning Planner for the Area Plan Commission with offices on the 11th floor of the County-City Building, stated,This is for a special exception use at 1235 W. Napier Street. It is on this vacant lot right here(referencing a presentation which is available in the City Clerk's Office). This parking lot is going to be used for the church across the street and the special exception is needed because it is not on the same lot as the church. It comes to you from the Area Board of Zoning Appeals (ABZA) with a favorable recommendation. Bernie Feeney, Lang, Feeney &Associates with offices located at 715 S. Michigan Street, stated, I am here on behalf of Gethsemane Church. Any confusion from the last time has been eliminated on the site plan. In concert with the Area Plan Commission,the number of parking spaces has been reset to thirty-nine (39) which is the number of spaces that was approved by ABZA. The islands INTEGRITY1 SERVICES ACCESSIBILITY JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH R MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPVIy/DIRECTOR 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 and green areas are incorporated into this. One (1) of your membership had asked for a colorized version of the site plan. The property had been used as an unpaved parking lot for a number of years and the church is doing this so it can be paved. It will not only be used for the existing church but there is future expansion planned to be across the street. We ask for your favorable vote on this special exception use. Councilmember Tim Scott asked, What will the screening by the house be? Mr. Feeney replied,lied parking p It will be a fence and it will be between the arkin spaces and the house to the East of the lot. Councilmember Scott followed up, And will there be access to the parking lot from the alley? Mr. Feeney replied, Yes,Area Plan recommended that and it is incorporated into the site plan. Committeemember Jo M. Broden asked, Will the green space be in alignment with the house? Mr. Feeney replied, Yes,that is correct. Committeemember Broden followed up,And the petitioners are aware of the required storm water management? Mr. Feeney replied, Yes, it is required. Vice Committee Chair Voorde asked, Is the alley paved? Mr. Feeney replied, I do not think it is, no. Vice Committee Chair Voorde 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,I think this is great but I suggest using permeable concrete to help with sustainability. Committeemember Broden made a motion to send Bill No. 18-26 to the full Council with a favorable recommendation. Committeemember Gavin Ferlic seconded this motion which carried by a voice vote of four(4) ayes. Bill No. 25-18- 4546, 4566, & 4612 North Lake Blackthorn Drive Rezoning Mr. Wyatt stated, The petitioner is requesting a zone change for the property outlined in red (referencing the same aforementioned presentation). The change requested to go from LB, Local Business to SF-One(1), Single-Family and Two(2)-Family. To the north are Single-Family homes and to the east is the St. Joseph Valley Parkway. To the south are vacant parcels zoned LB, Local Business and to the west are Single-Family homes zoned SF-One(1), Single-Family and Two (2)- Family. Here is a current view of the site. There is no site plan for this as they are just rezoning for future home development. This comes to you from the Area Plan Commission with a favorable recommendation. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1 227 W.Jefferson Bvid I South Bend,Indiana 466011 p 574.235.9221 If 574.235.9173 1 TTD 574.235.55671 www.southbendin.gov 2 ®CITY OF SOUTH BEND I OFFICE OF THE CLERK Mike Danch, Danch, Harper & Associates with offices located at 1643 Commerce Drive, stated, All we are trying to do is take the LB we had rezoned several years ago and downzone it to SF- One (1). There have been people interested in building Single-Family homes. Just to let Council know,there were also written commitments that were part of the rezoning back several years ago. I have also submitted a letter and have requested an amendment to those written commitments to allow for Single-Family development. I think they will be approved by Area Plan in September 2018. That is just something else we have to take care of, as well. Councilmember Tim Scott stated, This is part of the first (1St) district. This is really interesting. It is a really nice neighborhood and is really quiet. When I got on Council, this wasn't full. It is full now and that is really good. I am fully in favor of it. Vice Committee Chair Voorde 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 motion. Committeemember Ferlic made a motion to send Bill No. 25-18 to the full Council with a favorable recommendation. Committeemember Nanci Yokom seconded this motion which carried by a voice vote of four(4) ayes. Bill No. 14-18- 1619 S. Michigan Street Rezonin; Mr. Wyatt stated, There is nothing new to add to our comments made at the last meeting for this legislation. I would be happy to answer any questions you may have. Mr. Feeney stated, I'm unsure why the Committee is considering this because weeks ago a motion was made and seconded to send this to the full Council with no recommendation. I have nothing further to add since that time. City Clerk Fowler stated, It was continued and it came back tonight. Committeemember Broden asked, Were there changes made? Mr. Feeney replied, The owners are committing to moving the fence back to the face of the building. Those commitments have not been modified from the original commitments proposed. Those commitments have not been heard by Area Plan as of today. The commitments are fivefold. As stated, there will be a maximum of twenty-seven(27) cars. They will provide islands between the restaurant and auto sales parking area. The fence in front of the building will be removed and the owners will landscape in the front tree lawn in accordance with DCI recommendations.Finally, the fence will be moved back and no fence shall be allowed to be in front of the building. There will also be no barbed wire on the fence. Committeemember Broden asked, So these commitments went before the Area Plan Commission? Mr. Feeney replied, They have never gone before the Area Plan Commission. Committeemember Broden followed up, But some were recommended, correct? 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 574.235.9173 TTD 574.235.5567 www.southbendin.gov 3 CITY OF SOUTH BEND OFFICE OF THE CLERK Mr. Feeney replied, By your Department of Community Investment, yes. Committeemember Broden then asked, So the approval before this actually does not include these commitments, correct? Mr. Feeney replied, That is correct. Committeemember Broden followed up, So is it the intent of the petitioner to reoffer those? Mr. Feeney replied, Yes, and to Area Plan as well. Committeemember Broden then asked, So our motion today could be contingent upon these commitments? Mr. Feeney replied, Absolutely. But regardless of the contingency, the owners have stated that they will and I will see that they follow through. Councilmember Regina Williams-Preston asked, Can I get a reminder of the APC recommendation? It was unfavorable, right? Mr. Wyatt replied, Yes,that is correct. Councilmember Scott stated, Our Department of Community Investment as well as the Council rep for this area are not in favor of this,just to note. Vice Committee Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Conrad Damian, 718 E. Broadway Street, stated, I'm president of the neighborhood association, SOAR, and when we talked about this it was agreed that we opposed this rezoning. There are six (6) used car lots in the short ten (10) block area of Michigan Street. We believe that is more than enough used car lots. We have three (3) muffler shops and two (2) auto repair shops in that very short distance and we don't believe it is a good use of the area. We are glad JJ's has the restaurant but we do not believe the rest of the property should be used in this way. We ask that you deny this rezoning request.There were twenty-three(23)people at that meeting and that was the general consensus. Committeemember Ferlic made a motion to send Bill No. 14-18 to the full Council with an unfavorable recommendation. Committeemember Nanci Yokom seconded this motion which carried by a voice vote of four (4) ayes. With no further business, Vice Committee Chair Voorde adjourned the Zoning and Annexation Committee meeting at 4:39 p.m. Respectfully SuVIflitted, John Voor e, Nm�mitteel air EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227W.Jefferson Bvld 1 South Bend,Indiana 466011 p 574.235.92211f574.235.91731TTD 574.235.5567 iwww.southbendin.gov 4