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HomeMy WebLinkAbout06-13-16 Zoning and AnnexationC3 OFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY.CLERK ZONING & ANNEXATION June 13, 2016 3:45 PM Committee Members Present: Oliver Davis, John Voorde, Gavin Ferlic, Jo M. Broden Other Council Present: Tim Scott, Karen White, Dr. David Varner, Regina Williams Preston, Randy Kelly Others Present: Kathleen Cekanski - Farrand, Adriana Rodriguez, Kareemah Fowler, Alkeyna Aldridge, Matthew Chappuies Agenda: Bill No. 21 -16 – Rezoning at 803 West Washington St. (Kizer House) Bill No. 16 -49 – Special Exception for Ramy Kizy at 2319 Lincolnway West Bill No. 16 -51 – Special Exception for Gates Automotive at 700 West Ireland Road Committee Chair Oliver Davis called the meeting of the Zoning and Annexation Committee to order at 3:45 p.m. with three (3) items on the agenda. Bill No. 21 -16— Rezoning at 803 West Washington St. (Kizer House) Matthew Chappuies, Area Plan Commission on the l lth floor of the County -City Building. This is the petition of the Historic Landmarks Foundation of Indiana to rezone this property. The petitioner is seeking a zoning change from MF -1 (multi - family district) to MU (mixed use district). The house is currently undergoing renovations. At the last meeting, issues were brought up regarding access to the site due to the elevation change and the distance to the intersection. The City's Department of Engineering has agreed to allow a curb cut at that location, so that is no longer an issue. The petitioner has come up with written commitments that would limit the property to a maximum of three (3) residential units. That was another concern that had come up, but now the rest of the building will be used for something else such as an art gallery or meeting space. 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 The petitioner has also submitted a written commitment that the petitioner must maintain an agreement with the History Museum across the street for overflow parking. This comes with a favorable recommendation from the Area Plan Commission. It is a substitute ordinance because the first one had issues with the legal wording. Committee Chair Davis asked to see the written commitments. Councilmember Karen White asked if the curb cut onto Martin Luther King Dr. would provide ample room, because that side of the street is narrow. Mr. Chappuies stated that he was not sure if it would be a right or left cut. Todd Ziger, Indiana Landmarks, explained that the intent is to close an entrance to eliminate the problem corner. The parking would be behind the house, and the paved area in the front of the house will be returned to green space. We've worked with the Engineering Department to ensure that the sightlines will be adequate. In the approval from the Engineering Department, we committed to addressing the trees and relocating some to improve the sightlines. Greg Kil, Kil Architecture, contacted Chris Thompson, the forester, and he confirmed that two (2) trees on the south parkway area will provide compliance with the one (1) tree that is being removed because of the sightline concerns of the Engineering Department. The curb cut will provide emergency access for fighting fire on the north and south side of the building. Council Attorney Kathleen Cekanski- Farrand explained that the format of the proposed amendments is the standard process they've used before. You identify what the commitments are and who has enforcement powers. She stated that commitments can be changed by the Area Plan Commission, and asked Mr. Chappuies to explain the standards they use to modify or terminate commitments. Mr. Chappuies explained that to modify or terminate written commitments, they would have to go back to the Area Plan Commission for a public hearing. All surrounding property owners would be notified and it would have to come back before the council for approval of the written commitments. Committee Chair Davis stated that the next Area Plan Commission meeting is not until June 21St Council Attorney Cekanski- Farrand stated that if the Council believes they are reasonable and it satisfies the concerns that were raised at the prior committee meetings, you can go forward and make it subject to the commitments going forward. Mr. Chappuies stated that the goal is to make a mixed use location. Residential is just a small component; it's going to be more of a public use building with galleries and offices. We would like to balance out the uses, and keep people coming and going. Council Attorney Cekanski - Farrand recommended that the written commitments be included as a new section, Section Two (2), as they are subject to the commitments marked, and Section Two (2) can become Section Three (3). Those from the public wishing to speak in favor of Bill 21 -16: 2 Andy Hudak, 121 S. Chapin St. is more than satisfied with this project, and thanks the Council and Mr. Ziger for taking the project on. Jim Bognar, 807 W. Washington St., wanted to thank Mr. Ziger. Back in 1974 and 1975 when West Washington Street became a national historical district, there was a full assessment of all of the properties that were there. There was a line that struck him regarding the Kizer Schmidt house: "Road improvements to south and east crowd the structure and demean the appearance." What is being done here will finally make the structure fit the property and the neighborhood. He believes that the curb cuts are reasonable, and it will be something the entire City can be proud of. The person who bears the most responsibility for this is Jeff Gibney. He is not here today, but I can't help but think how pleased he would be to be coming and going from his home to see this. I urge the committee's support. Those from the public wishing to speak against Bill 21 -16: Phillip Bland, 739 West Washington, his family has been here for 100 years. I've already had a curb cut back there, because as they mentioned, the road is narrow. Engineering made a mess that I already had a curb cut. Line of sight from that intersection has made it an extremely dangerous intersection for years. I've been there for twenty -five (25) years. They took this property from my family through eminent domain. I find it ludicrous that the Engineering Department would want to put another hazard there. A site plan is not showing you what is actively going on. I will be the one directly affected. There is noise pollution, odor pollution, and I'm asking that a construction fence be put up, and that Joy Johns not be emptied during my brother's fiftieth birthday party. Committee Chair asked Mr. Bland to come to the 7:00 p.m. Council Meeting to talk about the issue more. Mr. Bland stated that his top concern is that he wanted to take his property from a multi - family to a mixed use property twice, and the City would not approve it. With no one else from the public wishing to speak, Committeemember Gavin Ferlic made a motion to substitute the amended bill 21 -16 with the new section two (2) and send it to the full Council favorably, Committeemember Voorde seconded it, and it carried with a voice vote of four (4) ayes. Bill No 16- 49— Special Exception for Rainy Kizy at 2319 Lincolnway West Ayoka Paek, Building Department at 125 S. Lafayette Suite 100, explained that this application comes to the Council with a favorable recommendation from the Area Board of Zoning Appeals. It is a tobacco shop that only allows adults eighteen (18) years and older into the building. They need a special exception because it is not the same as a store that is open to all ages. They've applied for a variance for parking as well, the variance is based on whether or not this gets approved, and on a written commitment from the adjacent landowner to lease their parking spaces. Committee Member Jo M. Broden asked about the Metro PC parking lot that they are requesting to use. What is their requirement for parking? Ms. Paek will have to double check, but she stated that the owner of each of the businesses is the same person. There are also some allowances for on- street parking there. The Committee discussed the space behind the building, and determined that there is a lot of space for parking there. Chris Strothers, the petitioner, stated that the potholes in the back have been filled to his knowledge. Other than the parking, they are ready to go. The Council and Council Attorney discussed what was needed regarding written commitments. The written commitment is now on file with the City Clerk. Council President Tim Scott asked how many parking spots the back lot would have, and whether or not they would be marked. Mr. Strothers explained that the maximum number of spots they would need is around five (5), and they are not planning on marking them. Mr. Strothers clarified that the landlord is different from the owner of the property. Committee Member Ferlic made a motion to send Bill 16 -49 to the full Council favorably, Committee Member Voorde seconded the motion and it carried with a voice vote of four (4) ayes. Bill No. 16 -51— Special Exception for Gates Automotive at 700 West Ireland Road Ayoka Paek, Building Department at 125 S. Lafayette Suite 100, they do this annually, and it came up that they need a special exception to do the car sales on the property, and it comes to the Council with a favorable recommendation from the Board of Zoning Appeals. They don't have to apply for the special exception every year. Once the special exception is approved, they'll be able to use it every year when they have this sale. The state requires zoning administrators to sign off on state auto license sales, and they were not meeting the requirements of the ordinance and they didn't realize that in previous years. Clint Emperton, General Sales Manager at Gates Toyota, we've done this for the last three (3) years there, and we've done it for the last six (6) years in the City of Mishawaka, where we had to go through the same process. We hold this event two (2) to three (3) times on the south side of town. We are asking for 100 parking spots at the furthest northeast corner of the lot so we can bring in Chevrolets from our other location. It is adjacent to our Toyota location. Committee Member Ferlic made a motion to send Bill 16 -51 to the full Council favorably, it was seconded by Committee Member Voorde, and it carried by a voice vote of four (4) ayes. With no other business, Committee Chair Davis adjourned the Zoning and Annexation Committee Meeting at 4:17 p.m. El Respectivel ubmitted, Oli D vis, ommittee Chair