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HomeMy WebLinkAbout02-25-19 Zoning and Annexation �SOU , O (4-CC( f PE QE/ ) G 1865 ; OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING &ANNEXATION FEBRUARY 25, 2019 5:45 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: Kareemah Fowler, Graham Sparks, Bob Palmer Presenters: Jordan Wyatt, Mike Danch, Tim Corcoran Agenda: Bill No. 69-18- 2610 E. Jefferson Boulevard Zoning Amendment Substitute Bill No. 02-19- 2307 Edison Road Rezoning Substitute Bill No. 19-01- Special Exception: 3602 West Sample Street Bill No. 19-04- Special Exception: 1119 Lincoln Way West Committee Chair Oliver Davis called to order the Zoning and Annexation Committee meeting at 5:45 p.m. He introduced members of the Committee and proceeded with the meeting. He stated, In terms of Bill No. 69-18, we recognize having all of these bills on the same night was going to be an interesting challenge. They just lined up like that. So,there are a couple of things to give this fairness. There has been discussion up here about next Monday and moving this matter to that day. Councilmember Karen White stated, We have our second (2nd) educational meeting on March 4th. That starts at 5:30 p.m. Committee Chair Davis stated, Lord have mercy. What is Wednesday? Councilmember White stated, That Wednesday you have district forums. So, you have to look at your calendars before you reschedule. Committee Chair Davis stated, I know. But, we are running up against the time crunch. Attorney, can you tell us about the time schedule we are running up against? INTEGRITY' SERVICE'ACCESSIBILITY JENNIFER M.COFF`bfAN BIANCA L.TIRADO JOSEPH it MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.9221 I f 574.235.9173 I www.southbendin.gov CITY OF SOUTH BEND I OFFICE OF THE CLERK Council Attorney Bob Palmer stated, What we are running up against is, for special exceptions, the Council must vote within sixty(60)days of the APC recommendation. This was continued last time so we are running up against that requirement. We could vote on this at the next meeting on March 11th,but it would have to be done at that meeting or the special exception would be deemed passed. Committee Chair Davis stated, That's a concern because of whether it is pro or not pro,just the reality is that it has to be done at that next meeting, with no exceptions, correct? Because if it's not done at that next meeting, the decision of Area Plan will stand. Council Attorney Palmer stated, The special exception will be approved. Committee Chair Davis stated, I understand. Committeemember Jo M. Broden stated, I would be inclined to hear this. Council President Tim Scott asked, What about Tuesday March 5th? Committeemember Gavin Ferlic stated, I know it will take some time, but we could just have public hearing tonight. Committee Chair Davis stated, I like that idea, too. I'm at peace. Well how much time is needed for this presentation? Jordan Wyatt, Planner for the Area Plan Commission with offices located on the 11th floor of the County-City Building,replied,Just a few minutes. But the rest of the presentation will take around half an hour. Committee Chair Davis stated,We haven't heard this enough and I don't think we are in a position to vote on anything tonight, in that sense. But, I think we are in some kind of position to at least hear their presentation, some pro and some con. I fear putting everything in one (1) meeting. That is my personal concern. You got my point? So,my thing is, I rather have some discussion tonight and then come back if we need more clarification because we are starting to get more letters in and everything else. That is all I'm saying to everybody. So, we are going to have this whole presentation tonight at the 7:00 p.m. meeting. Bill No. 69-18- 2610 E. Jefferson Boulevard Zoning Amendment Committeemember Ferlic made a motion to send Bill No. 69-18 to the full Council with no recommendation. Committeemember John Voorde seconded this motion which carried by a voice vote of four(4) ayes. Substitute Bill No. 02-19- 2307 Edison Road Rezoning Mr. Wyatt stated, The petitioner is requesting a zone change from CB, Community Business District to MU, Mixed-Use District in the area outlined in red (referencing a presentation which is available in the City Clerk's Office) on your screen. To the north are businesses zoned CB, Community Business District. To the east is a funeral home zoned CB, Community Business EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION ' EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 2 CITY OF SOUTH BEND OFFICE OF THE CLERK District. To the south, across Edison Road, is a CVS Pharmacy zoned LB, Local Business District. And, to the west, is a business zoned CB, Community Business District. On site, currently, is a vacant business and parking lot. The site plan shows the development of a new three (3) story building with retail, office and residential space. Off-street parking will be provided. The development will need to meet the development standards of the MU, Mixed-Use District. The Department of Community Investment offers a favorable recommendation saying the area would be appropriate for an urban neighborhood center. They recommend the planning of future vehicular connections for access to adjoining lots on the north end of the site to help reduce the need for curb cuts, allowing for street frontages to be fully developed and more walkable. This comes to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer any questions. Committee Chair Davis asked, Could you share about the one (1) opposition there and how that was handled,please? Mr.Wyatt replied,The one(1)person that spoke in opposition was the neighboring business owner for the funeral home to the east,Mr. McGann. His main concerns were about the use of his site for this business in regards to parking on his property. Committee Chair Davis asked, And how was that corrected? Mr. Wyatt replied, It was mitigated mainly from, and I think the petitioner can speak mostly to this, but the site will be fully enclosed with a fence that would further divide the property. Right now, I think it is paved across the whole thing so it makes it seem like one (1) parking lot. Committee Chair Davis stated, Ok, I'm at peace. Thank you. Committeemember Ferlic made a motion to accept the substitute version of Bill No. 02-19. Committeemember Broden seconded this motion which carried by a voice vote of four(4) ayes. Leonard Connaughton, 18512 Summer Wind Lane, stated, I'm the Vice President of Beach House LLC. We purchased the property in November. The existing building is one (1) story and it was currently used as a honey-baked ham shop when we purchased it. We would like to demolish that building and build a new 10,000 square foot building with 3,500 square feet of retail space on the first (1st) floor, 3,500 square feet of office on the second (2°d) floor and one (1) residential apartment. We have sixteen (16) off-site parking spots with a dumpster enclosure. I think we've conformed to Area Plan's landscaping requirements. We think it's an improvement and a benefit to the area. Hopefully, we get your approval. Committee Chair Davis asked, And you took care of everything with Mr. McGann? Mr. Connaughton replied, I talked to Pat McGann, yup. We went over it. It is going to be fenced in and I don't think he was aware we had sixteen (16) parking spots. So, that helped him. But, as I said to him, we would certainly meet before we start any construction on it and we'll go over everything. Committee Chair Davis stated, I'm good. Thank you, sir. EXCELLENCE ACCOUNTABILITY j INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I I L)574.235.5567 e w.southbendin.gov 3 CITY OF SOUTH BEND j OFFICE OF THE CLERK Committee Chair Davis then opened the floor to questions from Committee and Council Members. Committeemember Broden stated, Just a comment, I appreciate the development as the Council Member for the District. Tucking everything in the back, the parking, I appreciate that. I like that you have sidewalks displayed there. I mean that is actually a big win for that corner and for that street to build some connectivity to the residential neighborhood. I appreciate some of the smart development things you've put into this. Mr. Connaughton replied, We don't get accused of that a lot, so, thank you. 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 Substitute Bill No. 02-19 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried by a voice vote of four(4) ayes. Substitute Bill No. 19-01- Special Exception: 3602 West Sample Street Mr. Wyatt stated, The petitioner is requesting a special exception use for the site on the screen (referencing a slide in a presentation which is available in the City Clerk's Office) for the processing and storage of aggregate materials including on site crushing of materials, and to allow an outdoor storage unit in excess of fifty percent(50%) of the total lot area. He showed a view of the façade of the property and stated,They plan to keep the screening for the outdoor storage. Here is a site plan that shows the location of the outdoor storage location that they plan to keep. This comes to you with a favorable recommendation from the Area Board of Zoning Appeals. I would be happy to answer any questions. Mike Danch, Danch Hamer & Associates with offices located at 1643 Commerce Drive, handed out copies of the site plan (which are available in the City Clerk's Office). He stated, I am representing the petitioner. At the request of Council, last time we were here, Council asked us to go ahead and delay this to this evening so Councilmember Davis could ask us questions. We did meet with Councilmember Davis and brought up all the answers he was looking for on this particular bill. What we are asking for is the processing of aggregate materials on this particular site. To refresh Council's memory, we'll be removing about 90,000 square feet of existing old dilapidated building. Most of it will be demolished but the area behind the building highlighted on the site plan with dotted lines,that is the approximate location of where the aggregate material will be stored and processed. Part of the existing building at the front, part of that will be used for offices and,per the request of Community Investment,we are going to leave the entire façade wall of the existing building across the entire front of the property. That was for mitigation purposes and also for streetscape. From Sample Street, they wanted to see the building itself or at least a façade of that building. So,we've kept that there. That is part of the process are we doing with you this evening. A question came up about the decibel reading of the processing of aggregate materials. I brought it up a couple weeks ago. That has a reading of about fifty-eight(58)to sixty- five(65)decibels. That's based on the machine being used on the site.To give Council a reference, a lawn mower is about one hundred and ten (110) decibels. So, we asked this manufacturer what the decibel reading would be by the time it got to the first (Pt) residential home, it would be EXCELLENCE ACCOUNTABILITY j INNOVATION INCLUSION j EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 I I 0574.235 5567 vwvw.southbendin.gov 4 CITY OF SOUTH BEND I OFFICE OF THE CLERK between fifty-eight (58) to sixty-five (65) decibels. It would be less than a lawn mower running. Because we have part of that building we are leaving there, that would also mitigate some of the decibel level, too. So, it would actually be less than that reading. He continued, The heights of the piles are limited to a maximum of thirty (30) feet. They will probably be less than that. That was an approval of the Board of Zoning Appeals. We are also putting some solid fencing along the west property line and the east property line. There will only be one (1) access point into this property and it will be at the northwest corner, where the existing drive is. I believe we had a property owner to the east of this particular site and he had three (3) questions. One (1) was about the access point and he was afraid the access point would be on the east side of the property. That is not the case. We only have one (1) and it's on the west side. He also asked if there would be some kind of screening or fencing between that property and what we are doing. We will do that. There will be a ten(10) foot high solid screening fence. The third (3rd) question was whether or not there would be any vibrations with the equipment on the site. Because they are actually setting the processing equipment on the slab of the existing foundation of the building that was there previously, there will not be those types of vibrations. Committee Chair Davis stated, The key issue that I've continued to see some things on,when you look at pictures of where you're located, US-20, what do you think would be the key difference in how things are piled and stored there versus where it is going to be now?What is the key difference you see? Mr. Danch replied, Over on the McKinley site, there is not the requirement for height but there is also more gravel and dirt back there for what was done that was previously approved. So,this one (1)is going to be more organized than the other one(1). What we will also end up doing with this one (1), that will be on the pavement that exists there today, other than the top soil at the very far back of the property. We will also be meeting the drainage standards for City Engineering. Committee Chair Davis asked, Those are not necessarily in place in the county out there. Mr. Danch replied, In the county, there is a different drainage calculation for everything. So, we have to meet the City codes here. Committeemember Broden stated, You've addressed sounds and vibrations. What about any particulate that would get into the air? Mr. Danch replied, Usually, what they will end up doing is watering down everything. So, when they do any sort of processing,remember when we had told Council that the processing portion of this is only five(5)weeks a year? So, it's not a year-round processing. They do water suppression for that, so,there is no dust or anything that would be blowing off this site. Committeemember Ferlic asked, How many employees are supported by this development? Mr. Danch replied, We had said there will probably be between eight(8) to ten(10) employees at this. That depends on the amount of aggregate material that is there and the workload to take it to additional areas. What we also mentioned was someone asked why this location, it is because the location they have over in Osceola,that is for the Goshen/Elkhart area,this location would be more EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 www.southbendin.gov 5 CITY OF SOUTH BEND I OFFICE OF THE CLERK for the Laporte and St. Joseph County area. Indiana Earth actually does projects for the City of South Bend, as well, so, it keeps them centrally located for businesses here. Councilmember Scott asked, Why isn't there solid screening all the way around the property? I know it butts up against the railroad tracks but what about the people on the other side of the tracks looking at this? Mr. Danch replied,That is basically all open area as you go back toward the water shed area. Those are wooded and that was one (1) of the variances the Board of Zoning Appeals looked at and, because of the existing vegetation back there, it provided that buffer. Councilmember Scott followed up, So, part of the property includes some heavily wooded area. Would that be taken out? Mr. Danch replied, No. So, the big wooded area on the south line, that will remain. Then, to the south of that is the railroad right-of-way. Committeemember Broden asked, Is there a responsibility to make sure the mounded material is covered and maintained? Mr. Danch replied, Because it is concrete and asphalt, once it is processed, you aren't going to have a bunch of dust blowing off of that. That has already been taken care of. But, they always do look at that as part of the maintenance of the site plan. They are going to be moving material in and out. Committeemember Broden then asked, And you said any run-off has to be maintained on site? Mr. Danch replied, Absolutely. We have to meet the City's standards for drainage. What the City looks at is the impervious surface for the buildings and anything that is there. I have to capture that and keep it on site. One (1) of the other questions, I think, someone brought up was if there will be any liquid contaminants. That doesn't happen in this kind of processing because the materials used here are the same base materials we use in public roadways. So, there are no liquids. This is not a junk yard. Committee Chair Davis asked, So, that is the key difference and your rationale toward this being different is because, again, it's not car crushing? Mr. Danch replied, Right, these are just natural materials. Nothing can seep into the ground from this type of processing. These are the same materials they will take out to a site, put it underneath a building for commercial development or to pave roadways. Committee Chair Davis asked, When we think about the City Plan, how does the City's Plan deal with this kind of a site? What are the future uses in terms of this district? Tim Corcoran, Director of Planning for the Department of Community Investment with offices located on the 14th floor of the County-City Building, replied, My thoughts are that the industrial nature for this area, we don't see any future planning that would change, fundamentally, this area of this City away from the industrial nature it already is. So,that is the main reason why we are in EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221. f 574.235.9173 TTD 574.235.5567 www.southbendin.gov 6 •CITY OF SOUTH BEND I OFFICE OF THE CLERK favor of this project. It fits in with the general character of industrial uses in industrial areas. The impacts to the surrounding properties are minimal given the industrial nature to the east and west and the trees and cover to the south. As uses like this go, it is as good as you're going to get in many ways. Committee Chair Davis then opened the floor to members of the public wishing to speak in favor of or in opposition to the legislation. Jason Banicki, 3822 Ford Street, stated, As someone who lives within half a mile of this site, the concept of a thirty (30) foot high debris pile is not what I want to see. As you know, I'm not a NIMBY person, this isn't a not in my backyard issue, I just think this doesn't belong anywhere inside the City limits. There is a reason why gravel pits and other things like this are typically not located anywhere near a residential zone, let alone within fifty(50) feet of one(1). I challenge the decibel readings as well. Dishwashers run at fifty (50) to sixty (60) decibels. You're telling me you're breaking down concrete and asphalt and it's staying at that decibel level? I find that very hard to believe. In terms of toxic run-off, he keeps talking about asphalt. I think we need to remember that asphalt is petroleum-based. When you're breaking that down, you're breaking down petroleum biproduct. There is potential for spill-off of that into waterways and elsewhere. So, to pretend that is not a potential worry, it is. If you're only breaking it down five (5) weeks a year, there are forty-seven (47) weeks where that stuff sits around and as we've seen from the pictures of that other site,it sits around and dries out. Something dried out can get airborne.Again, there are people that live directly across the street from this job site and that should be a concern. At the end of the day and if you've seen the pictures, it's not just the machinery but all the other things that come to moving this.We have to consider what this does for the future of Sample Street because right next door to that building is that new small business incubator. Do you think they want to hear all that noise? Probably not. It's not very good for business development. I would say, you know, right on the other side of it, we know the South Bend Chocolate Factory is developing a new facility out on Lincolnway, so that is going to be an open property. Just a couple weeks ago we approved a project that is going to significantly improve the character of Sample Street. Then, we're going to add this? I just don't think it fits with what we can do in that area if we hold steady and say, look, this doesn't fit what it was designed for, there is a reason you are here for a special exception, and it doesn't fit. I don't feel like they've answered the questions and, again,not a NIMBY person but I don't want to look at a thirty(30)foot debris pile everyday when I leave my house. David and Pam Andre,2920 West Sample Street, stated,We are with Grace Steel. We are frequent fliers here. It is nice to see you guys for the third (3'l) meeting in a row. We were so pleased, and are so pleased,to now have closed on a building on Sample Street and start a$2 million project to renovate a vacant building on Sample Street. We ask the Council to protect our investment. Ms. Andre provided Council Members with pictures (which are available in the City Clerk's Office). He continued, Just yesterday, when I heard this was on the agenda, I went over to Osceola and took some pictures of the debris piles to see for myself exactly what we are talking about. These piles, they are unbelievable. Even if they are going to be a little shorter on Sample Street, this is not an industrial use.This is not what we want to see on Sample Street and it will certainly impede both our investment and future investment on Sample Street. If we argue this really is a special exception for an industrial use, what would we say if this was going on in Blackthorn? We would be the laughing stock, ok? Let's respect Sample Street and give Sample Street an opportunity to redevelop and grow. EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221If574.235.9173 TTD574.235.5567 www.southbendin.gov 7 CITY OF SOUTH BEND OFFICE OF THE CLERK Ms. Andre stated, Thank you for letting us present our opinion. Thank you. Mr. Danch stated, Again, the McKinley site is under county's jurisdiction. When that was approved,there were different guidelines for that. That is a more intense use than what is going on here. The height of the piles allowed in Osceola are taller than what is allowed for in the City of South Bend. We did that specifically. The building in front is eighteen(18)to twenty(20)feet tall. The piles behind the building are, at least, another hundred (100) feet behind. The gentlemen stating it is within fifty(50) feet of a residential area, that is not correct. If you take a look at the site plan, I want Council to understand,the closest residence to any of those are over four hundred (400) feet, not fifty(50) feet. We didn't ask for any variances of where those storage piles can be. So, they actually are exceeding the City's standards for storage areas. Between that and where the residential property is, there is no variance for that. The building itself will also mitigate that. A residential house that sits over three hundred(300) feet away is not going to see the top or the peak from behind the building because of where the location of the storage materials is. Councilmember Regina Williams-Preston asked, As far back as those piles are, do you anticipate being able to see them from Sample Street? Mr. Danch replied,No, I don't anticipate that at all because of the existing building and the traffic that goes by on Sample Street. You would not see it unless you look down the driveway. Behind that,there will be a ten(10) foot solid screening fence between us and any adjacent property to the west and to the east. Committee Chair Davis asked, Attorney, what is our timeframe on this? Council Attorney Palmer stated, The final date for voting would be our next meeting. Committeemember Broden stated, Before I consider a vote, I would like a really clear understanding of the site lines. If I heard the rebuttal correctly, eighteen (18) to twenty (20) foot front building, the pile is one hundred (100) feet back from that, and then is it specifically committed to that you will not exceed thirty(30) feet in height? Mr. Danch replied, Yes. Committeemember Broden asked, Ok, what is allowed though? Mr. Danch replied, If I remember,under the zoning ordinance,anything within range of residential, can't be above the screening fence. So, that three hundred (300) foot range we were talking about behind the building,that is where the piles are limited to. So,if someone was doing storage within three hundred (300) feet of a residential property, they are limited to the height of the screening fence, which would be ten(10) feet. But, we are behind that and outside of that range. Committeemember Broden followed up, So, you are actually making a concession? Mr. Danch replied, Yes, we said we are limiting our piles to thirty (30) feet even though the ordinance would allow us to go higher. EXCELLENCE ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.922111574.235.9173 TTD 574.235.5567 www.southbendin.gov 8 •CITY OF SOUTH BEND ' OFFICE OF THE CLERK Committeemember Broden then asked,And that's tied to this ordinance? I mean,that is stated here or is it a commitment? How do I interpret that and how does someone enforce it down the line as a neighbor? I think we have to put a commitment on that, correct? Mr. Danch replied,Yes, and we can do that. Committeemember Broden stated, Ok,that is getting me a little bit to where I want to go but I also want to be really sure on the site lines. Committee Chair Davis stated, I understand. Committeemember Ferlic made a motion to send Substitute Bill No. 19-01 to the full Council with no recommendation. Committeemember Voorde seconded this motion which carried by a voice vote of three(3) ayes and one (1) nay(Committeemember Broden). Bill No. 19-04- Special Exception: 1119 Lincoln Way West Due to the absence of the petitioner, Committeemember Ferlic made a motion to send Bill No. 19- 04 to the full Council with no recommendation. Committeemember Voorde seconded this motion which carried by a voice vote of four(4) ayes. With no further business, Committee Chair Davis adjourned the Zoning and Annexation Committee meeting at 6:25 p.m. ' -sp- t y ' Sub , ed, fid- .."4"-rr. is, Committe> hair EXCELLENCE ACCOUNTABILITY j INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.92211f 574.235.9173 TTD574.235.5567 www.southbendin.gov 9