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HomeMy WebLinkAbout02-08-16 Zoning and AnnexationZONING & ANNEXATION FEBRUARY 8, 2016 4:20 P.M. Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo Broden Other Council Present: Regina Williams- Preston, Tim Scott, Dr. Varner, Karen White Others Present: Kathleen Cekanski- Farrand, Adriana Rodriguez, Jennifer Coffinan, Joseph Molnar Agenda: Bill No. 81 -15 — Amending the zoning ordinance for 5603 Nimtz Parkway and Moreau Court Bill No. 16 -03 — Approving a zoning amendment and Special exception petition for the Pokagon Band at 2906 Prairie Ave. Bill No. 16 -04 — Approving a zoning amendment and special Exception for R &B Car Company at 3939 S. Michigan St. Oliver Davis, Chair of the Zoning and Annexation Committee, called the hearing to order with three bills for consideration. Bill No. 81 -15 — Amending the zoning ordinance for 5603 Nimtz Parkway and Moreau Court Chairperson Oliver Davis stated they would be hearing the substitute ordinance for Bill 81 -15. Matthew Chappuies, Offices on the Eleventh Floor of the County City Building, gave the presentation for Bill 81 -15. He stated this is to change the land at 5603 Nimtz Parkway and Moreau Court from Office District to Light Industrial. Mr. Chappuies provided pictures and aerial views of the land plots and reported this does not include any specific site plans at this time because they are still in development. The Area Plan Commission gave this rezoning a favorable recommendation as long as the written commitments were agreed to by all parties involved which has taken place. Chairperson Oliver Davis asked about the written commitments. Mike Danch, Offices at 1643 Commerce Dr. South Bend, stated attached to the site plan are written commitments by the City and the Airport. According to the written commitments no educational use buildings will be allowed at the site, no artificial lakes or ponds, and prior to the issuance of any building permit an applicant must confer with the St. Joseph County Airport Authority and participate in any construction review and approval process required under law. 1 Mr. Danch reported the reason for the rezoning is the growing interest in using South Bend as a distribution center by many companies. Due to this land's very close location to the Bypass and the Indiana Toll Road, this would be an ideal spot for distribution center which needs Light Industrial Zoning. Councilmember Jo Broden asked about the soccer fields near the property and if there were any concerns in that regard. Mr. Danch responded that the airport owns the soccer fields and has no issue with this rezoning. Members from the public were given the opportunity to speak in favor or opposition of the bill. David Relos, Offices on the 10' Floor of the County City Building with Community Investment, said that at the annual Blackthorn Owners Association meeting in October this rezoning was discussed and all the owners are aware of this rezoning. Mr. Danch added that this lot is a part of the Blackthorn Corporate Office Park and this means there are an extra layer of architectural standards in place regarding how the building looks to make sure it is appealing, similar to an overlay district. The site plans will have to be reviewed by the Office Park. Councilmember Jo Broden asked if any of the owners had issues with the rezoning. Mr. Relos responded no. There were no other comments from the public. Councilmember John Voorde made a motion to send substitute Bill 81 -15 to the full Council with a favorable recommendation. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of four ayes. Bill No. 16 -03 — Approving a zoning amendment and special exception petition for the Pokagon Band at 2906 Prairie Ave. David Sewell, Tribal Planner for the Pokagon Band with offices at 58620 Sink Road Box 180 Dowagiac Michigan 49047, served as the presenter for Bill 16 -03. Mr. Sewell explained this bill is for a special exception to build a police substation for the Pokagon Band Tribal Police at 2906 Prairie Ave. and replace the existing structure. It is a relatively small one floor structure. The Board of Zoning Appeals did send this as a favorable recommendation. Rick Eshlaman, Seven Generations Architecture 4664 Campus Drive,Ste. 101 Kalamazoo, MI. 49008, stated he would be happy to answer any questions the Committee may have. Council Attorney Kathleen Cekanski- Farrand reported this bill was sent with a unanimous recommendation from the Board of Zoning Appeals. 2 Councilmember Dr. Varner asked if there was any plans for detention at the substation and he thinks it would be inappropriate near single family houses. Mr. Sewell responded there is no intention to have any type of detention at the proposed site and any detaining of people would go to the St. Joseph County Jail under the recent agreement between the Tribe and St. Joseph County Police. Councilmember Karen White asked what the time frame was if this is approved. Mr. Sewell responded there is no set time frame at the moment for the actual construction but hopefully later in 2016. Chairperson Oliver Davis asked how many people would be working at the facility. Mr. Sewell responded approximately five with the option for one South Bend Police officer and a St. Joseph County Police officer. No one from the public spoke in favor or support of the bill. Councilmember Gavin Ferlic made a motion to send Bill 16 -03 to the full Council with a favorable recommendation. Councilmember Jo Broden seconded the motion which carried by a voice vote of four ayes. Bill No. 16 -04 — Approving a zoning amendment and special exception for R &B Car Company at 3939 S. Michigan St. Council Attorney Kathleen Cekanski - Farrand reported this bill was sent with a unanimous favorable recommendation from the Board of Zoning Appeals. Bernie Feeney, registered land surveyor with offices at 715 S. Michigan St. South Bend, served as the presenter for this bill. Mr. Feeney stated R &B Car Company purchased the old Honkers Restaurant which is the lot in the bill. This bill would grant R & B Car Company the ability to display and sell cars on this lot. The variances issued allow R &B Car Company to use the lot as it exactly exists today. Councilmember Dr. Varner asked if R &B Car Company has any plans to leave their current location as it had come up a few months earlier because of the proposed roundabout at Michigan and Chippewa. Mr. Feeney responded R &B Car Company has no interest in leaving their current location and is hoping to expand their presence. Councilmember Dr. Varner stated if this goes through, the Dairy Queen will be completely surrounded. He asked if the concerns from Dairy Queen regarding that issue have been resolved. N Mr. Feeney responded that the relationship between the two companies has become so positive that they are considering a mutual marketing agreement going forward to promote vehicle sales and ice cream sales. He stated it seems everyone is happy with the agreement as it stands now. No one from the public spoke in favor or opposition to the bill. Gavin Ferlic made a motion to send Bill 16 -04 to the full Council with a favorable recommendation. Councilmember Jo Broden seconded the motion which carried by a voice vote of four ayes. Council Attorney Kathleen Cekanski - Farrand reported the updated brochures for the Committee have been made regarding any new state statutes as well as the new Committee members. There being no further business before the Committee, Chairperson Oliver Davis adjourned the meeting at 4:45 p.m. V ted, s rperson 4