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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
ZONING &ANNEXATION JANUARY 14, 2019 4:55 P.M.
Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden
Committee Members Absent: None
Other Council Present: Regina Williams-Preston, Karen White, Jake Teshka, Tim
Scott, Sharon L. McBride
Other Council Absent: None
Others Present: Bianca Tirado, Graham Sparks, Bob Palmer
Presenters: Jordan Wyatt, Brian McMorrow, David Sieradzki, Kara
Boyles
Agenda: Bill No. 59-18- 1405 & 1505 Howard Street Rezoning
Bill No. 18-73- Special Exception: 1718 Marine Street
Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at
4:55 p.m. He introduced members of the Committee and proceeded to give the floor to the
presenters.
Bill No. 59-18- 1405 & 1505 Howard Street Rezoning
Jordan Wyatt, Planner for the Area Plan Commission with offices located on the 11�' floor of the
County-City Building, stated, I want to make sure you have all seen the written commitments. He
proceeded to hand out hard copies of the written commitments which are available in the City
Clerk's Office. He continued, (referencing a slide in the presentation that is available in the City
Clerk's Office) The petitioner is requesting a zone change from SF-Two (2), Single-Family and
Two (2)-Family District, to MF-One (1), Urban Corridor and Multi-Family District, for the area
outlined in red on the screen.To the north and west is Frederickson Park zoned SF-Two(2),Single-
Family and Two(2)-Family.To the east are single-family homes zoned SF-One(1), Single-Family
and Two (2)-Family District. And to the south are single-family homes zoned SF-Two(2), Single-
Family and Two (2)-Family. Here (referencing a slide in the presentation) is a view of the site as
it currently is. The site plan shows the development of the site for seven (7) single-family homes
and thirty (30) Multi-Family units on the interior plots. Parking would be located in garages for
the units with some on street parking. A pedestrian path runs along the north side of the property.
This comes to you with a favorable recommendation from the Area Plan Commission subject to
these five (5) written commitments. The buildings abutting Howard Street will have a maximum
INTEGRITY SERVICE'ACCESSIBILITY
JENNIFER M.COFFMAN BIANCA L.TIRADO JOSEPH R.MOLNAR
CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
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height of thirty-five (35) feet, two (2) and a half stories. A north-south sidewalk will be provided
on the west side with public access to Frederickson Park on the northwest corner of the project
site. Type B perimeter landscaping will be provided on the east side of the property abutting the
drive and parking area. Type A perimeter landscaping will be provided along Howard Street. The
curb cut on the west side of the project will line up with Jacob Street. I would be happy to answer
any questions and the petitioner is here as well.
Committee Chair Davis stated, There was opposition there that night. Has that been addressed?
Mr. Wyatt replied,The opposition spoke of wanting to keep single-family character along Howard
Street and that is one(1) of the written commitments.
Committee Chair Davis interrupted,No but did anybody address the gentleman that came after the
meeting?
Mr. Wyatt replied, Not to my knowledge.
Brian McMorrow, Abonmarche Consultants with offices located at 750 Lincolnway East, stated,
I'm here on behalf of Century Builders. The plan you see on the screen (referencing the
presentation) came about after a lot of conversation that Century Builders had with the
neighborhood stakeholders.This plan has less density than one(1)that,I guess,had been suggested
a number of years ago. It is kind of a blend in that we have single-family homes along Howard
Street and then multi-family attached product on the back. Working with Tim Corcoran and the
City Planning Office, there was an emphasis to make sure the units engaged with the park. You
will note that these(referencing the presentation) face the park and there is a sidewalk on that side.
All the driveways and common parking areas are tucked behind. So, you don't see a parking lot
from the street. Even if you're in the park, it will look like these homes front on the park and there
is a big front yard. I think that was a great win-win that we achieved. The developer worked with
the City to make that happen. At the Area Plan Commission, we talked about a couple of things
including the notion of eliminating the walkway running through the center of the project and,
instead, running it along the west side aligning with Jacob Street. The thought there was we are
trying to encourage neighborhood residents to use Frederickson Park as it is under-utilized right
now. People may feel a little uneasy walking through somebody's yard or whatever, so, instead
we are moving it to the west side as part of the final plan. There was some talk, too, about the
parking. We have met our Code requirements for the number of parking spaces. There is a garage
for every unit and a parking space behind it. There are some common spaces, as well. We are not
suggesting that those extra spaces are going to be used for Notre Dame Football weekends by
outsiders and the Association will try to police that.
He continued, There was one(1) resident that had concern about the traffic and parking problems
that exist, especially on Notre Dame Event weekends. I don't know that we can solve the problem
of 85,000 people showing up on a football weekend and wanting to park nearby, but, Century
Builders' objective is to make the housing product accessible to South Bend families. In fact, we
were talking the other day at Riverwalk,which is the old TRANSPO bus yard the Century Builders
is building, the multi-family product they are offering there, half of them have been sold to Notre
Dame faculty and staff. We feel that a neighborhood with similar architectural design and
amenities across the street from Notre Dame is going to be the type of community that will be
bought by Notre Dame faculty and staff. My wife works at Notre Dame and is trying to hire new
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CITY OF SOUTH BEND OFFICE OF THE CLERK
people and that is often the biggest challenge trying to attract people to South Bend. People want
to live close to campus. That is the market we are looking to attract here, and Century Builder has
had some recent experience to make that happen. The other types of measures that can be taken to
address the Big Event Weekend parking is that the City and the Neighborhood Association could
put up temporary No Parking signs. We want to create a walkable community here to integrate
what we are doing with the existing neighborhood there and to provide housing for individuals
who work at Notre Dame.
Committee Chair Davis asked, How many meetings have you had with the neighbors?
David Sieradzki, Century Builders with offices located at 314 W Catalpa Drive, replied, Before
the letter went out from the Area Plan Commission we created our own letter and we hand
delivered it to the fifty-three (53) residents in the area. I had impromptu meetings over a couple
nights after work. I parked my car and I would walk the neighborhoods. We have been building
on Howard Street so there were a number of neighbors we had met previously. We made some
friends along the way. We've been in the neighborhood and we understand we are building in their
neighborhood. We had an open house meeting set after I introduced myself to the rest of the
neighbors. We had some good attendance, but it was raining that night. The main concerns were
the traffic and density was the scary word. I think in South Bend we have to look at density to be
solved by good design, which I think we're doing, and not worry about it being too big of an
impact. We are building townhomes like these on the old TRANSPO property. If we put
townhomes in a walkable neighborhood and price them correctly, we get people who are living
and working in the community and it is a very good thing for them. And we met with the NNRO
representatives.
Committeemember Jo M. Broden stated, I want to thank the developers and petitioners for the
active engagement of the neighborhood. Individually, house to house, you can't beat that. Second
(2nd), the open house meeting held, I and Councilmember Voorde attended that and heard the
neighbor feedback. I think one(1) takeaway is your track record in developing the old TRANSPO
site and your marketing approach on that. Obviously, folks had a huge concern regarding, and it is
overall relative to these properties near campus,the vacant homes. These are second(2nd)and third
(3rd) homes for people and they are vacant all but for those key weekends, whether it be football
or other events that occur. If you can solve that event issue,let me know.And,the parking,relative
to event issues. So, I appreciate that. I do think another important takeaway for me that night was
the importance of a home owners association. Will you be committing to that? Is that planned?
Mr. McMorrow replied, Yes, we are absolutely.
Committeemember Broden followed up, You've started the dialogue, right? And by the door to
door, and the open house, I mean I think, for me as a representative, and somebody will fill in my
doors very shortly, but that ongoing communication is really important. Neighbors need an entity
to interface with when issues arise, or, as we have found out with our Campus Community
Connection Committee, if the dialogue never stops, you've built that relationship that helps solve
problems proactively. I won't ask for it to be a commitment if you intend to do it, but I think it
would be a nice signal to the neighbors. The other piece is that I'm really happy to hear,post Area
Plan Commission meeting, the pivot toward kicking that access way toward Jacob Street. I think
that is a win-win for the neighborhood and for you. It is a natural connection versus a mid-block.
Especially because there is no current sidewalk on either side of Jacob Street. I love the sidewalks
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and I think it is a win-win for the residents and the broader community as well, but I know our
Engineering Department would require a sidewalk in front of the single-family homes on Howard
Street. Will there be a sidewalk?
Mr. McMorrow confirmed there would be.
Committeemember Broden continued, Ok, because your other properties had the same thing but I
didn't see it in our drawings.
Mr. McMorrow stated, We can make a commitment to do that.
Committeemember Broden went on, Again, I think that helps with neighbor interaction and kind
of builds the amenity. And, I guess, relative to that, you have made considerable commitments
here as builders, and I think we, as a City, have to also follow our commitments in terms of side
walking, curbs and parking. If we are going to, after all these years, open up this backside of the
park to the broader community, I think we, as a City, need to bring some things to the table as
well. We have to somehow figure out parking because the parking that is included in this is not
technically public parking, correct?
Mr. Sieradzki replied, Correct, those would be private streets.
Committeemember Broden followed up, Private streets, right. So, I think my interest is in
promoting what I would consider ancillary services,that if you're going to open a park,which you
are doing here, effectively with the sidewalk, we have to figure out a way to park. Not everybody
walks to parks. It would be great if everybody did, but not everybody does.
Mr. Sieradzki replied, There is on-street parking on both sides of Howard Street. The curb and
sidewalk will be improved upon. Right now,it is not very apparent there is on-street parking. Once
the street has curb, it will be apparent you can park there. The other thing that on-street parking
does is it is a traffic calming influence. The residents on Howard Street on the south side have kids
and they say when there are no cars, people fly down the road. We could look into a stop sign as
well.
Committeemember Broden then asked, And what are the current traffic control devices that
currently exist at Jacob Street?
Mr. Sieradzki replied,Nothing other than a stop sign on the south.
Kara Boyles, City Engineer with offices located on the 13th floor of the County-City Building,
stated, I need to make a comment about the park. I'm not privy to all the discussions but what you
are saying is opening the park. I know this falls under the purview of Aaron with Venues, Parks&
Arts. There is a remediation plan ongoing with the park. There are some issues with what can and
can't be built on that land and that is why it is in the state it is in now.
Committeemember Broden stated, I'm sorry if I was misleading but I was referring to mere access
to the park when I mentioned opening up.
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Committeemember Ferlic then made a motion to send Bill No. 59-18 to the full Council with a
favorable recommendation. Committeemember John Voorde seconded this motion which carried
by a voice vote of four(4) ayes.
Bill No. 18-73- Special Exception: 1718 Marine Street
Mr. Wyatt stated, The petitioner is seeking a special exception use for a two (2) family dwelling
for this property. There was no one to speak in favor or in opposition. This comes to you from the
Area Board of Zoning Appeals with an unfavorable recommendation.
The petitioner was not present.
Committee Chair Davis asked, Can you explain the rationale of why they sent it unfavorably? I
cannot remember, I'm sorry.
Mr. Wyatt replied, There were two (2) main things. One (1) was, it being a conversion, it already
exists as a single-family home.The other thing was that the second unit would be a basement living
area and there was concern about the safety.
Committee Chair Davis opened the floor to questions from Committee and Council Members.
Councilmember Tim Scott asked, Could you explain that again? So, the idea is to split this home
in two (2) with the basement being the bottom living quarters?
Mr. Wyatt replied, He explained it sort of as the back half, downstairs would be the kitchen and
living area and then the basement would be where the bedrooms and dwellings would be. That's
how he explained it. We were concerned for safety, for instance if a fire happens.
Committee Chair Davis asked, There's no escape window in the basement?
Mr. Wyatt replied, No.
Committee Chair Davis replied, Ok, I'm at peace.
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 motion.
Committeemember Ferlic made a motion to send Bill No. 18-73 to the full Council with an
unfavorable recommendation. Committeemember Voorde seconded this motion which carried by
a voice vote of three(3) ayes and one (1) nay(Councilmember Broden).
With no further business, Committee Chair Davis adjourned the Zoning and Annexation
Committee meeting at 5:23 p.m.
lly Submitted,
6 v.1 .vis, Committee Chair
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Committee Chair Davis then opened the floor to members of the public wishing to speak in favor
of or in opposition to the legislation.
Tim Corcoran, Director of Planning for the City of South Bend with offices located on the 14th
floor of the County-City Building, stated, I would like to speak in favor of this project. I think this
is a great site in the City. There are very few parcels like this left where it is in a great location and
it is large enough to support a variety of housing.One(1)of the things we need is housing diversity
in the City and this is a project that offers a type of housing we don't have a lot of Also, it's nice
and is addressing the different urban design conditions. Parking, I think they provided almost four
(4)times the amount required by the zoning ordinance, so it is not really much of an issue. Traffic
is always a concern, but residential development is probably the lowest traffic generator in terms
of uses. So, a grocery store or something like that, that generates a lot of traffic. A typical house
or townhome, there are only two (2) or three (3) trips a day or something like that. It adds up to
second overall from a delay point of view. Again, we like the way they are starting to interface
with the park and as Councilmember Broden mentioned, it is opening up to the park and gives the
park more of a presence. We hope through Venues, Parks & Arts there will be more interest in
Frederickson Park. I do hope we can do some things to make the park a nicer place for people to
use and I look forward to continuing working on this project with the developer and others to make
great in-fill projects. This is exactly the type of project that the City needs. Thank you.
Committee Chair Davis turned the floor back to the Committee for further comment or main
motion.
Committeemember Broden stated, There is going to be a considerable amount of tree removal.
Consistent with other expansive projects where wooded areas have been removed, thinking about
the Kite Reality group on Eddy Street specifically,there were a lot of problems with vermin.When
you remove all this stuff, there were a lot of complaints about skunks, opossums and raccoons.
One (1) of the actual commitments, and I'm just going to suggest this, but written into that
development was that the animals living in the woods would be trapped and relocated for two (2)
weeks prior to the removal of any trees. If animals are relocated from the woods, into the
neighborhood during or after tree removal, neighbors will be provided with a contact that will
come to their property, humanely trap the animal and release them in a safe location. And this
commitment says during sixty(60)days following the removal of the trees,the cost will be covered
by Kite Reality. I'm going to set that out there. That is good practice and I know that Kite Reality
didn't have to engage in much of these services,but it was something that,prior to knocking down
all these trees, I think we can reasonably assume there is a good amount of wildlife in that area. I
would also like to say that your commitment to perimeter landscape along the property, those are
things thatgo a longwayin terms of beautification but all the environmental benefits of reinstalling
some greenery there will be great. I will say there has been a real problem in the past. I would like
them to consider that a commitment. I thought it was brought to your attention and I don't know
if you had heard it before or not.
Committeemember Gavin Ferlic encouraged Committeemember Broden to meet with the
developers between this meeting and the full Council meeting to figure out proper language for
that commitment.
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