The URL can be used to link to this page

Home My WebLink About06-24-19 Zoning and Annexation "ii-4,A3 TH 8.4, /ti W ,`PEAC•E' ,. ' 1865 _ OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING & ANNEXATION JUNE 24, 2019 5:30 P.M. Committee Members Present: John Voorde, Gavin Ferlic, Jo M. Broden Committee Members Absent: Dr. Oliver Davis Other Council Present: Regina Williams-Preston, Jake Teshka, Tim Scott, Sharon L. McBride Other Council Absent: Karen White Others Present: Graham Sparks, Bob Palmer, Ryan Wrobleski, Morgan Gonsoski, David Moses, Shanita Hunt Presenters: Tim Corcoran, Jordan Wyatt, Stephen Studer, Dayle Nunez Agenda: Update: Zoning Ordinance- Tim Corcoran, Director of Planning- Community Investment Bill No. 12-19- Northeast Corner of Corby Boulevard and Eddy Street Rezoning Bill No. 13-19- 3102 Mishawaka Avenue Rezoning Substitute Bill No. 14-19- SF3 Zoning Ordinance Amendment Substitute Bill No. 15-19- CBD Zoning Ordinance Amendment Vice Committee Chair John Voorde called to order the Zoning and Annexation Committee meeting at 5:30 p.m. He introduced members of the Committee and proceeded to give the floor to the presenters. Update: Zoning Ordinance-Tim Corcoran, Director of Planning- Community Investment Tim Corcoran, Director of Planning for the City of South Bend with offices located on the 14th floor of the County-City Building, stated, Good afternoon, Council Members. To keep it brief, I just wanted to tell everyone that we have started our engagement process that we talked about in our previous meetings. We are moving onto some other organizations and groups in the coming days and weeks. I also would like to alert you to the fact that we are in the process of creating the INTEGRITY1 SERVICEI ACCESSIBILITY JENNIFER M.COFFVfAN BIANCA L.TIRADo JOSEPH R MOLNAR CHIEF DEPUTY/DIRECTOR OF OPERATIONS DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERIC EXCELLENCE I ACCOUNTABILITY I INNOVATION I INCLUSION I EMPOWERMENT 455 County-City Building 1227 W.Jefferson Blvd.I South Bend,Indiana 46601 I p 574.235.92211f 574.235.9173 I www.southbendin.gov CITY OFSOUTH BEND OFFICE OF THE CLERK enacting ordinance that would enable the Plan Commission. We will be coming to you with some drafts of that in the following weeks, as well, to get back to us and get your thoughts. Vice Committee Chair Voorde asked, Have you been copied on the emails of the questions we've been getting? Mr. Corcoran replied, Yes. Councilmember Tim Scott asked,Will you be reaching out to those individuals that have concerns. Mr. Corcoran replied, Yes. Councilmember Scott replied, Thank you. Committeemember Jo M. Broden stated, I haven't heard any objections to the overall zoning ordinance because it hasn't even been identified or had a public reading. So, I think we want to talk about the concerns about the comments on the CBD. I just wanted to clarify, too. Mr. Corcoran replied, I think, primarily, we will be able to address all of those things at the next Committee meeting. I feel there has been a lot of misinformation and we will be able to address a lot of that. We are also collecting all the emails, so I can send out a mass email that highlights all of that. That is the plan. Bill No. 12-19- Northeast Corner of Corby Boulevard and Eddy Street Rezoning Jordan Wyatt, Planner for the Department of Infrastructure, Planning and Growth with offices located on the 11th floor of the County-City Building, stated,The petitioner is requesting to rezone the property outlined in red on the screen (referencing a slide in a presentation which is available in the City Clerk's Office) from SF-Two (2), Single-Family and Two (2)-Family District to MU, Mixed-Used District. To the east and south are single-family homes and vacant parcels zoned SF- Two (2), Single-Family and Two (2)-Family District. To the west, across South Bend Avenue are vacant lots zoned MU, Mixed-Use District and Eddy Street Phase Two (2), zoned MU, Mixed- Use District. To the north across South Bend Avenue are Single-Family homes zoned PUD. Here is the view of the site from South Bend Avenue. The site plan shows the development of a four(4) story Mixed-Use building with three(3) floors of commercial and one(1) floor residential on top. The parking is located behind the building with the building set at the corner. A new plaza area will be constructed to integrate the multi-use path. This comes to you with a favorable recommendation from the Area Plan Commission. I would be happy to answer any questions. Stephen Studer,Attorney with Krieg DeVault with offices located at 4101 Edison Lakes Parkway, Mishawaka, IN, stated, With me this afternoon is Mike Danch, from Danch, Harner&Associates who would be happy to answer address any site plan issues you may have. He then provided handouts which are available in the City Clerk's Office. This comes with a unanimous favorable recommendation from the Area Plan Commission and a favorable recommendation from the staff. We are seeking to rezone half of this lot. It is already MF, Multi-Family, the other half is SF-Two (2). We want to zone the whole thing to Mixed-Use. With respect to the rezoning, this rezone is consistent with the South Bend Comprehensive Plan, the future land-use plan, the Northeast Neighborhood Development Plan. The staff found it to be responsible development. It will be a EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION I EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 TTD574.235.5567 www.southbendin.gov 2 CITY OF SOUTH BEND OFFICE OF THE CLERK dense Mixed-Use building at a major intersection. The developer did have a community meeting. We have visited with the Robinson Center, Notre Dame, the neighborhood, the NNRO, the City of South Bend and others. We also sent out packages to each of the people within three hundred (300) feet and farther than that, showing both the site plan as well as the elevations. If you turn to page two (2) for the elevations, it is a striking building, in my opinion. One (1) of the things the developer tried to do was to on the wing's kind of lower it. So, it goes down as it goes into the neighborhood. We also have the authority to present to the Council that the NNRO supports this petitioner. Timothy Sexton of Notre Dame is the President of the NNRO. I would be happy to answer any questions. Committeemember Gavin Ferlic asked, Is there a user identified yet for the commercial space? Mr. Studer replied, There is one (1)potential user that, hopefully, will take almost 10,000 square feet. We haven't signed a lease yet, but we have identified one(1) user for the commercial space. Committeemember Ferlic followed up, Will there be any retail? Mr. Studer replied,We are hoping retail but will probably just be commercial. It could have a retail component. Committee Vice Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to this legislation. There were none. Committeemember Ferlic made a motion to send Bill No. 12-19 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried by a voice vote of three (3) ayes. Bill No. 13-19- 3102 Mishawaka Avenue Rezoning Mr. Wyatt stated,The petitioner is requesting to rezone the area in red on your screen(referencing a slide in a presentation which is available in the City Clerk's Office) from OB, Office Buffer District to MU, Mixed-Use District for a Two (2)-Family dwelling. To the west and north are businesses zoned MU, Mixed-Use District. To the east are duplexes zoned MF-One (1), Urban Corridor Multi-Family District. To the south are Single-Family homes zoned SF-Two (2), Single- Family and Two(2)-Family District. Here is a view of the property from Mishawaka Avenue. The parking lot will be to the south. The site plan shows the placement of the required perimeter landscaping in the tree lawn. There will also be a physical separation of the parking lot from the sidewalk, per DCI's recommendation. This comes to you with a favorable recommendation from the Area Plan Commission. Dayle Nunez, 1628 Portage Avenue, stated, We are petitioning to rezone 3102 East Mishawaka Avenue from Office Buffer to Mixed-Use. Our application was evaluated and supported by the Department of Community Investment with two (2) requests. One (1) being the landscaping with two (2) trees, and the other being the use of parking bumpers in the parking lot to avoid encroachment onto the sidewalk. We agree with both requests and look forward to working with the City to implement them. The rezoning of 3102 East Mishawaka Avenue was unanimously passed by the Area Plan Commission. I would be happy to answer any questions. EXCELLENCE ACCOUNTABILITY I INNOVATION ; INCLUSION EMPOWERMENT 455 County-City Building 227 W.Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f 574.235.9173 I I D574.235.5567 www.southbendin.gov 3 CITY OF SOUTH BEND OFFICE OF THE CLERK Committeemember Ferlic asked, Is there any proposed use of the property? Ms.Nunez replied,Yes,what we plan to do is use the two(2) floors as two (2) separate apartments to be rented. Committeemember Broden asked, Can you help me understand what is going on with the parking buffer? Ms. Nunez replied, Yes, we ordered three (3) parking bumpers and they would be installed. Committeemember Broden stated, Ok. And thank you for taking the perimeter landscaping to the tree lawn because heretofore, if you can't get it done there, it doesn't get done. So, I appreciate your willingness to do that for environmental reasons. Vice Committee Chair Voorde asked, And you are aware of the list of trees the City has that are acceptable for the tree lawn? Ms. Nunez replied, Yes, absolutely. Committee Vice Chair Voorde then opened the floor to members of the public wishing to speak in favor of or in opposition to this legislation. There were none. Committeemember Ferlic made a motion to send Bill No. 13-19 to the full Council with a favorable recommendation. Committeemember Broden seconded this motion which carried by a voice vote of three(3) ayes. Substitute Bill No. 14-19- SF3 Zoning Ordinance Amendment Committeemember Ferlic made a motion to accept the Substitute version of Bill No. 14-19. Committeemember Broden seconded the motion which carried by a voice vote of three (3) ayes. Committeemember Broden then made a motion to continue Substitute Bill No. 14-19 to the July 8th, 2019 meeting of the South Bend Common Council. Committeemember Ferlic seconded this motion which carried by a voice vote of three (3) ayes. Substitute Bill No. 15-19- CBD Zoning Ordinance Amendment Committeemember Ferlic made a motion to accept the Substitute version of Bill No. 15-19. Committeemember Broden seconded the motion which carried by a voice vote of three(3) ayes. Committeemember Broden then made a motion to continue Substitute Bill No. 15-19 to the July 8th 2019 meeting of the South Bend Common Council. Committeemember Ferlic seconded this motion which carried by a voice vote of three (3) ayes. Committeemember Broden stated, I have a question overall. The Area Plan Commission had obviously heard these petitions. I'm not seeing, at least of late, that correspondence about that meeting in terms of its status coming out of Area Plan. We are not getting that on a routine basis. The recommendation of the Area Plan Commission will be forwarded to your office by noon on 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 vwiw.southbendin.gov 4 CITY OF SOUTH BEND OFFICE OF THE CLERK the day following the public hearing and we are just not getting it. This petition is absent of that information. All of these were absent of that information, I think. With no further business, Vice Committee Chair Voorde adjourned the Zoning and Annexation Committee meeting at 5:45 p.m. Resp: tfully Submitt-d, • .' L. �$ Jo u- ..rde, Vice Committee Chair EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W.Jefferson Bvld South Bend.Indiana 46601 p 574.235.9221 f574.235.9173 TTD 574.235.5567 www.southbendin.gov 5