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HomeMy WebLinkAbout04-25-16 Zoning and AnnexationOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING & ANNEXATION APRIL 25, 2016 3:30 P.M. Committee Members Present: Oliver Davis (Excused Late), Gavin Ferlic, John Voorde Jo M. Broden Other Council Present: Karen L. White, Dr. David Varner Others Present: City Clerk Kareemah Fowler, Joseph Molnar, Kathleen Cekanski - Farrand, Adriana Rodriguez Agenda: Bill No. 13 -16 — Rezoning for property at Cushing & Lincoln Way West (Family Dollar) Bill No. 16 -36 — Resolution adopting a fiscal plan for the Cataldo Annexation Area Bill No. 09 -16 — Annexation and Rezoning for property at 22027 State Road 23, South Bend, Indiana ( Cataldo Annexation Area) Councilmember John Voorde, Vice - Chairperson of the Zoning & Annexation Committee, called the meeting to order with three (3) bills on the agenda. Bill No. 13 -16 — Rezoning for property at Cushing & Lincoln Way West (Family Dollar) Mathew Chappuies, Area Plan Commission with offices on the 11 th floor of the County -City Building, served as the presenter for this bill. This is the southeast corner of Cushing and Lincolnway West. This would be consolidating several smaller residential and commercial lots to be tied into one while rezoning this property. Mr. Chappuies provided several zoning maps and aerial pictures of the lots in question, the images are on file in the City Clerk's Office. Family Dollar is the proposed user of the site and have designed for access both from Lincolnway and from Cushing. The building did require a variance as it is slightly over the square footage minimum. Working with both the Area Plan Commission and the Department of Community Investment over the last several months, the petitioner has facilitated best design practices for building placement and landscaping on the site. This comes with a favorable recommendation from the Area Plan Commission. 455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601 Phone 574- 235 -9221 • Fax 574- 235 -9173 • TDD 574- 235 -5567 • www.SouthBendIN.gov JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE EMILY SEXTON CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK Councilmember Gavin Ferlic asked if they would still be operating the store already on Oliver Street. Mr. Chappuies stated that they are only going to be a landlord and not directly involved with management of the store, they are building and leasing it. Councilmember Dr. David Varner asked what policies the petitioner has to keep their parking lots clean. Mr. Chappuies stated it was not addressed at the Area Plan meeting but the petitioner can respond. Jordan Liss, Atwater Group who is the developer of the site served as the petitioner for this bill, stated that it would mostly be handled through Code Enforcement giving us citations if we do not keep the lot clean. Mr. Chappuies also responded that there is not a whole lot that can be put into a written agreement because they are not zoning enforceable issues and it is better handled by Code Enforcement because it is property maintenance. Possibly there could be some sort of verbal commitment. Mr. Liss stated they will own and lease the property to Family Dollar. If it does become blighter or has rubbish in this parking lots the best real course of action is to cite them accordingly. Councilmember Dr. David Varner responded one of the problems he has seen with these types of stores is that people tend to congregate in the parking lot and if the store sells motor oil they will change their oil in the parking lot. Just the kind of store that leaves the area as less attractive and if you have an agreement ahead of time by the owner then we are ahead of the game instead of going through Code. It would just be easier as either part of the lease or some other mechanism. Code should not have to go out and cite the property. Councilmember Gavin Ferlic stated perhaps the easiest thing would be for the petitioner to give us assurance that you will put some type of language like that in the lease. Council Attorney Cekanski - Farrand stated anything like that would have to be specifically related to the planning or zoning of the property and verbal assurance is really the best that can be done due to the process dictated by state law. Councilmember Oliver Davis arrived at 3:38 p.m. He informed the Committee that he did address this issue at Area Plan as well. Councilmember Gavin Ferlic stated he thinks he phrased his first question poorly and asked the presenter and petitioner if Family Dollar would still have their store at Lincolnway and Olive. Mr. Chappuies responded as far as he knows there are no plans to close the Olive store. 2 Mr. Liss responded they are anticipating both stores will remain open. Councilmember Broden asked if there were plans for any screening on the east side of the property. Mr. Chappuies responded no, because it is adjacent to an existing commercial property. Those from the public were given an opportunity to speak either in favor of or opposition to the bill. Michael Divita, Community Investment with offices on the 14th Floor of the County -City Building, spoke in favor of the zoning request. It is a well- executed building plan and is in consistence with the West Side Main Streets Plan. As the project moved forward the City requested that the building comply with the standards set forward by the plan and keep with the character of the surrounding buildings. Council Attonery Cekanski- Farrand stated there is private problem property ordinance on the books and that is something that if the concerns about the trash in the parking lot are raised this building would be subject to that ordinance. Councilmember Gavin Ferlic made a motion to send Bill 13 -16 to the full Council with a favorable recommendation. Councilmember Oliver Davis seconded the motion which carried by a voice vote of four (4) ayes. Vice - Chairperson John Voorde turned the leadership of the meeting over the Councilmember Oliver Davis, Chairperson of the Zoning & Annexation Committee. Councilmember Gavin Ferlic made a motion to hear both Bills 16 -36 and 09 -16 together. Councilmember John Voorde seconded the motion which carried by a voice vote of four (4) ayes. Bill No. 16 -36 — Resolution adopting a fiscal plan for the Cataldo Annexation Area Bill No. 09 -16 — Annexation and Rezoning for property at 22027 State Road 23, South Bend, Indiana ( Cataldo Annexation Area) Mathew Chappuies, Area Plan Commission with offices on the 11 th floor of the County -City Building, served as the presenter for these bills. Mr. Chappuies provided several maps and pictures of the site for the Council which are on file in the City Clerk's Office. This will bring the site into the City limits under the CB, Community Business District zoning. It is currently the site of their family home. The Cataldo's are proposing several different commercial developments including retail and restaurant uses but this is all in the initial stage of planning. No one spoke in favor or opposition to the rezoning or annexation at the Area Plan Commission meeting. This comes to the Council with a favorable recommendation from the Area Plan Commission. Chairperson Oliver Davis asked if this means that they are closing the Pizzeria they operate near this location. Mr. Chappuies responded no and there are no plans at the moment to close. Brian McMorrow, Abonmarche Consultants, Inc. 750 Lincoln Way East, South Bend, IN 46601, served as the presenter for these bills. He stated the Cataldo's received a letter from the City sometime last year suggesting that there would be a sewer extension across their property. It prompted some further discussions about the endgame for this piece of property, they have no immediate plans to move out of their house but it does allow them to do what is right for them and the community. Michael Divita, Community Investment with offices on the 14th Floor of the County -City Building, presented the fiscal plan for the Cataldo Annexation. State laws require that with any annexation the City provides a fiscal plan for how the City will provide services to the area being annexed. By state law, any area that is being annexed requires any non - capital services be in place within one (1) year such as police and fire protection. Any capital services being provided according to the fiscal plan must be in place within three (3) years such as new road construction or utility type work. The annexation area for the Cataldos is approximately 12.88 acres and meets the state law continuity requirement. It contains a single family home on a wooded lot and is proposed for redevelopment for commercial uses. There are no capital improvements planned by the City for this annexation, sewer and water are available to the northeast along Prairie Ave. The extension of the project site will be done at the petitioner's expense. A portion of State Road 23 will be annexed but will continue to be maintained by the Department of Transportation. The area will be added to the Council's Sixth District, will be served by Police Beat twenty -five (25), Fire Station Five (5) and Code Enforcement area Six (6). No additional equipment or personnel will be acquired to serve the area. These and other non - capital services will be in place within one (1) year of the date of the annexation with response times comparable to other areas in the City. He asked for the Committees favorable motion on the fiscal plan as well as the annexation. No one from the public spoke in favor or in opposition to either bills. Councilmember Gavin Ferlic made a motion that Bills 16 -36 and 9 -16 be sent to the full Council with a favorable recommendation. Councilmember John Voorded seconded the motion which carried by a voice vote of four (4) ayes. Committee, Chairperson Oliver Davis closed the meeting at al