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HomeMy WebLinkAbout06-27-16 Zoning and AnnexationOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK ZONING & ANNEXATION JUNE 27, 2016 3:30 P.M. Committee Members Present: Oliver Davis, John Voorde, Jo M. Broden Committee Members Absent: Gavin Ferlic (excused) Other Council Present: Tim Scott, Karen White, Dr. David Varner, Regina Williams- Preston Others Present: Alkeyna Aldridge, Joseph Molnar, Kathleen Cekanski- Farrand, Adriana Rodriguez Agenda: Bill No. 20 -16 — Rezoning at 2724 Lincolnway West Bill No. 24 -16 — Rezoning at 529 Crescent Ave. Bill No. 27 -16 — Kizer House Historic Landmark designation Historic Preservation Briefing — Elicia Feasel, Executive Director Historic Preservation Committee Chair Oliver Davis called the meeting to order with four (4) items on the agenda. Bill No. 20 -16 — Rezoning at 2724 Lincolnway West Committeemember John Voorde made a motion to accept the substitute bill on file in the City Clerk's Office. Committeemember Jo M. Broden seconded the motion which carried by a voice vote of three (3) ayes. Angela Smith, Area Plan Commission with offices on the 11 th Floor of the County -City Building, served as the presenter for this bill. This property is located along Lincolnway Ave just east of Eclipse Blvd. The petitioner is seeking to rezone the property to LB (Local Business) to allow for a print shop and associated business with her publishing company. To the north across Lincolnway is property zoned Single - Family and a vacant lot zoned Community Business. To the east is a funeral home zoned Local Business. The remaining families around the property are zoned Single - Family. Ms. Smith provided images of the property and a proposed site plan which 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 PPV are on file with the City Clerk's Office. The petitioner is proposing to use the existing residential structure for the business and a proposed parking lot at the rear of the structure, however some additions and changes would need to be made to meet the setbacks and standards for parking at that location. At the Area Plan Commission hearing, several people spoke in favor of the rezoning and a couple of people spoke in opposition. This specific bill had two (2) public hearings. The first as a rezoning for Office Buffer District and the second as an amendment for Local Business. The Plan Commission took three (3) votes, the first two (2) failed to carry and ultimately this comes to the Council with no recommendation from the Area Plan Commission. Committee Chair Oliver Davis asked about a letter sent to the petitioner that stated the outcome of the Area Plan Commission's decision. Ms. Smith responded a letter is always sent the day after the public hearing and we provide a report to Council by noon. Committee Chair Oliver Davis stated as far as his understanding goes the letter incorrectly stated Mixed Use and not Local Business. Ms. Smith responded that was probably a clerical error as it was originally Mixed Use in their database. It should have stated Local Business. The petitioner should also have received a letter regarding the variances. After looking at the letter, Ms. Smith stated the title was correcting in stating Local Business but the motion incorrectly and says Mixed -Use. The Commission will correct that and send out a new letter by noon tomorrow. This is the letter that starts the ninety (90) days that the Council has to act on anything coming from the Area Plan Commission. Councilmember Regina Williams- Preston asked if the bill has to be readvertised then. Ms. Smith responded no because this petition went to a more intense zoning classification so we advertised the petition and notified the neighborhood again. Councilmember Williams- Preston asked if that means we cannot act on this bill tonight. Council Attorney Kathleen Cekanski- Farrand responded no, the Council can still act on the bill. Committeemember John Voorde asked what the opposition was at the Area Plan Commission. Ms. Smith responded one (1) member of the community spoke about their concern related to continuing commercial along Lincolnway and the quality of commercial along the road as well. There was also opposition from the Department of Community Investment as the zoning would not be consistent with the comprehensive plan for the area. Janice Kimbrough, 2724 Lincolnway West South Bend, spoke as the petitioner for this bill. This rezoning will allow for the opportunity to conduct business activities for Blessed Gospel Magazine. Next to the property is Palmer Funeral Home which is already zoned Local Business. Ms. Kimbrough provided photos of the property for the Committee, the photos are on file in the City Clerk's Office. Ms. Kimbrough specifically mentioned the backyard of the property where 2 the proposed parking lot would be and the existing tree line already in place to shield the section from neighbors. Ms. Kimbrough does not expect any problem adhering to the concerns of Community Investment or the Area Plan Commission. Committee Chair Davis asked Ms. Kimbrough to give a brief overview of her publishing company. Ms. Kimbrough gave a brief outline of her company. They do printing such as fliers, letters, envelops and business cards for local entities. In addition to those activities, they publish Blessed Gospel Magazine which works with a lot of the local churches. If the business can move to this location, there will also be regular office hours so people from the community could come and print what they wanted. There would be signage in the front yard giving the hours which would most likely be 9:00 a.m. to 5:00 p.m. This property would be solely used for the business and no one would be living there. Several improvements will be made to the property which will allow her to apply for matching grants. They haven't submitted the grant application yet because zoning has to come first. Councilmember Tim Scott asked if there was any intention to improve the driveway. Ms. Kimbrough explained for now they are just planning to improve the driveway with better quality gravel. They are open to putting in a full commercial driveway after the business has opened and other more vital improvements such as a new roof to the structure are finished. Councilmember Tim Scott asked what the timeline would look like for the business to move into the building. Ms. Kimbrough responded as soon as she gets the permission to move in she would. Councilmember Karen White made mention that across from this property all the properties are businesses. Ms. Kimbrough responded correct and in April she received a letter stating that she would be messing up the Master Plan for the area because the plan calls for this area to transition to more residential zoning. Also, there was the concern that once this is zoned Local Business sometime down the road if it was sold any other business could come in. Committeemember Jo M. Broden asked if she is requesting any variances. Ms. Kimbrough stated the variances were denied. They wished for her to bring in trees to block the area but there are already trees there. The only variances were the trees, screening and parking. If it is going to be a conflict, Ms. Kimbrough stated she would rather agree to do the commercial parking if that's what has to be done. Council Attorney Cekanski - Farrand noted that the Council has no legal authority over variances. 3 Committeemember John Voorde asked what sort of signage restriction there are in Local Business zoned areas. Angela Smith responded it would be restricted to a six (6) foot monument sign of approximately sixty -four (64) square feet or less. Councilmember Tim Scott asked if the building is currently occupied. Ms. Kimbrough responded no it is currently unused and has been vacant for at least two (2) years. Those from the public wishing to speak in favor of Bill 20 -16: Darnell O'Neil, 2730 Lincolnway West, stated he has no problem with this business going into that location. Mr. O'Neil stated he cannot understand why she is facing so many difficulties getting this going. At each chance possible it feels like the City is throwing up something different to impede the rezoning. First it was the argument that we want all our local businesses together but on Lincolnway we are never going to have that. Across the street is a vacant commercial lot for sale and it makes no sense that just across the street you can't have commercial. This is really the best of both worlds because this is a residential house that will retain its look but also supporting business on Lincolnway. Gary James Batteaste, Pastor of New Salem Missionary Baptist Church, spoke in favor of the rezoning. He stated Ms. Kimbrough is one of his parishioners and one of the best parishioners in the entire church. One of the issues he has is that the City is so determined to keep her from opening this business. Mr. Batteaste expressed his belief that Palmers Funeral Home is putting pressure on the City because they want to purchase the property for their parking. The African - American Community has really embraced Palmers in that location and it would be very disheartening if they were trying to keep an African - American business moving into the area. Regis Goodman, 68051 Telegraph Court Lakeville IN, spoke in favor of the rezoning. He also stated disbelief on why this is so difficult for her to get this done. He stated the petitioner is just trying to follow her dreams and be successful and she's being blocked. Jeff Dylan Kimbrough, 121 North Carlisle Street South Bend, stated Janice Kimbrough is doing something positive for our community and we should all embrace that. Those wishing to speak in opposition: Professor Judak, 2805 Humble Street, spoke against the rezoning. He stated he is about one (1) block from the property. Mr. Judak gave a brief explanation of what the area used to look like and how it has gone down in quality over the years. The problem is the properties across from this property in question. The auto company has had numerous code violations. There are vacant lots all around the area as well and these are real problems. The neighbors are concerned about businesses coming in and changing the character of the neighborhood even more. 11 Mike Divita, Planner with Community Investment with Offices on the 14th Floor of the County - City Building, stated they are excited Ms. Kimbrough is interested in investing in having her businesses on Lincolnway West. There is no doubt her business would be an asset to the community, but we are concerned about the longer impact of zoning this property Local - Business. Mr. Divita went over the Master Plan specifics for that area. The proposed rezoning is inconsistent with the land use plan and the Westside Main Streets Plan that was developed through a public process and adopted by the Common Council less than two (2) years ago. Commercial uses tend to do better when they are tightly clustered together and create vibrant pedestrian places which is a key strategy of the plan. In essence businesses build off of each other and in those nodes designated for business, the City is actively working with business owners to coordinate private and public investment to revitalize the area. This particular property falls in the residential node of the plan. Once rezoned the property could be used for any permitted use in the Local Business zoning. If purchased in the future, the property could be developed for a much more intensive use than Ms. Kimbrough proposes here. While a handful of properties between the two commercial nodes are commercial properties, the area is overwhelmingly residential. Five (5) commercial sites can be found among thirty (30) residential zoned properties between the commercial nodes. All the properties behind Lincolnway on both sides of the street are residential as well. Some of these past zoning issues have allowed commercial zoning to be really spread out which actually hurts the commercial businesses. Meanwhile there are still some very nice residential homes on that street and it makes sense to encourage residential zoning in that area. The businesses already there have a legal right to be there but the overall goal is to have them migrate to other parts of Lincolnway. In regards to Palmer Funeral Home, Mr. Divita stated he has had no contact with them and if they were to acquire a neighboring residential zoned property the recommendation would be the same to keep the properties residential. Committeemember Jo M. Broden asked how many of the five (5) commercial properties are currently active. It seems at least one (1) of the properties are vacant. Mr. Divita responded the five (5) are Palmer's Funeral Home, Minority Help Office, Key Bank, Popeyes Chicken and the former D.C. Auto which may be another auto repair shop. Councilmember Karen White asked what timeline the City is looking at for these long -term developments in terms of the Master Plan. She stated from her perspective having this business which is in a line of three (3) homes that are all owned by the same family does nothing to negatively impact the economic wellbeing of the City. A lot of the issues in this area are not that the residential and commercial have been intermingling but a lack of investment on behalf of the City. We shouldn't confuse our obligation to look at the rezoning on face value. Angela Smith wished to clarify that once the property is rezoned it could be used for anything under the Local Business zoning. The day after the rezoning the property could be demolished and without any written commitments or restrictions on the property there is nothing to prevent a business and building that is more out of tune with the master plan than what Ms. Kimbrough is proposing. 5 Committee Chair Oliver Davis stated in the atmosphere of being pro- business, shouldn't it have been a recommendation by Community Investment or the Area Plan Commission to say we need written commitments that this property will stay the same aesthetically and limit to a publishing company. The tone of this discussion has been concerning. It does not seem like there has been any kind of help from either two (2) organizations. Ms. Smith stated if this petition had come in three (3) years ago, our recommendation would have been different. Per state statute once there is an adopted comprehensive plan, the staff recommendation from the Area Plan Commission can only recommend what is consistent with the comprehensive plan unless there is some overwhelming reason to deviate from the plan. Once the Westside Main Streets Plan was adopted as an amendment to the comprehensive plan, that is what the staff has to look at. Since this is already a residential property, recommending for anything other than residential would be inconsistent with the plan and out of our purview. The Council can make the decision it makes with our recommendation. Council Attorney Cekanski- Farrand asked Ms. Smith in light of the variances being turned down, if the Council would go forward tonight would the property then have to adhere to standard City Code. Ms. Smith responded that there are some additional variances that she did not apply for that she would have needed including additional screening and a step back from the property for parking. If the property is rezoned by the Council, Ms. Kimbrough has a couple of options. She can either build everything per the ordinance or she could wish to wait six (6) months to apply to the Area Board of Zoning Appeals. Councilmember Tim Scott stated he understands the Master Plan for Lincolnway and Western because he sat on the committee. The problem he has is that we are applying standards to this that we haven't seen out of Community Investment to move forward with. We can come up with all these plans but if there is no timeline or actual implementation in process that is a different issue. Before us, we have a vacant building that could be turned into something positive and we should capitalize on that. If you go from Ms. Kimbrough's property to Downtown, you have two (2) to three (3) residential houses and then a commercial property and that is all the way to Downtown. We have been down this road before with Community Investment where they can come in and because it doesn't adhere to a plan they speak against something positive happening in a neighborhood. Councilmember Tim Scott asked Ms. Kimbrough if anyone from Community Investment has contacted her to talk about development help. Ms. Kimbrough responded no. She stated she spoke with Mr. Divita originally and that is when she was told the property wasn't zoned correctly. She stated she has not felt welcomed by Community Investment to the area. Councilmember Scott stated that's disappointing to hear. Councilmember Regina Williams- Preston asked how long her family has owned those properties and that corner. 31 Ms. Kimbrough stated her brother owned a business there for around fifteen (15) years. Committeemember John Voorde made a recommendation to send Bill 20 -16 to the full Council with a favorable recommendation. Committee Chair Oliver Davis seconded the motion which carried by a voice vote of two (2) ayes and one (1) nay. ( Committeemember Jo M. Broden) Bill No. 24 -16 — Rezoning at 529 Crescent Ave. Committeemember John Voorde made a motion to accept the substitute bill on file in the City Clerk's Office. Committeemember Jo M. Broden seconded the motion which carried by a voice vote of three (3) ayes. Angela Smith, Area Plan Commission with offices on the 1 lth Floor of the County -City Building, served as the presenter for this bill. This property is on the corner of Crescent and Hill Streets. The petitioner is looking to rezone this property to Single Family and Two Family for the construction of either Single Family home or homes at this location. To the north, east, and south are primarily Single Family homes. A small portion to the south has Mixed Use and to the west a Mixed Use which is a parking lot for a medical office. The property is currently vacant and a rezoning to Single Family does not require a site plan. Ms. Smith provided images of the property which are on file with the City Clerk's Office. This comes to the Council with a favorable recommendation from the Area Plan Commission. John Piraccini, 1539 North Ironwood, served as the petitioner on behalf of Beacon Health Systems. Mr. Piraccini provided images of the property that are also on file in the City Clerk's Office. This was an excess property for Beacon and the purchaser wishes to build a house on the property. We are working through some variances already in place, the City had a perpetual easement on the property that we are looking into. The purchaser will either build one (1) home on the site or divide the property and sell half so two (2) homes can be there. The neighborhood is really taking off and it is becoming a really popular neighborhood. Dr. David Varner asked if the proposed homes are speculative or are they personal residences. Mr. Piraccini responded one (1) would be personal and one (1) would be speculative. No one from the public spoke either in favor of or in opposition to the bill. Committeemember John Voorde made a motion to send Bill 24 -16 to the full Council with a favorable recommendation. Committeemember Jo M. Broden seconded the motion which carried by a voice vote of three (3) ayes. Bill No. 27 -16 — Kizer House Historic Landmark Designation Elicia Feasel, Executive Director of the Historic Preservation Commission of South Bend and St. Joseph County located at 125 South Lafayette, served as the presenter and petitioner of this bill. Indiana Landmarks is currently renovating the building and they petitioned the Historic Preservation Commission to have this designation. Ms. Feasel provided images of the building 7 when it was built and in its current state, the images are on file in the City Clerk's Office. The site has been recommended by the Commission due to its architectural design elements, suitability for preservation, and identification with a person of historical significance. The building is an excellent example of Romanesque Architecture and was built in 1890 of coarse granite and has been described as a rare example of the Queen Ann Style. There have only been minor alterations to the building such as replacing the original red tile roof with asphalt shingles. The rear portch and kitchen wing were added to the house sometime after initial construction. William L. Kizer was a prominent local business person and primary investor in the area in addition to serving as a South Bend City Commissioner. The Commission has reviewed the petitioner and the report by staff and has conducted a public hearing where no one spoke in opposition. Adopted on May 16'h 2016, the Commission adopted Resolution 16 -01 and resolved the building is recommended for the establishment as an historic landmark. Those wishing to speak in favor of the bill: Todd Zeiger, Indiana Landmarks, thanked the Council for their attention to this issue and it is a great honor for Mr. Kizer and his beautiful home to be honored in this way. Committeemember Jo M. Broden asked what the difference was between Group A and Group B categories for historical landmarks. Ms. Feasel responded all landmarks in South Bend and unincorporated areas of St. Joseph County operate under the Group B standards. We do not have anything under Group A, the only exception is that Leeper Park is designated as an historic landmark and they have their own unique set of guidelines. No one from the public spoke in opposition to the bill. Committeemember John Voorde made a motion to send Bill 27 -16 to the full Council with a favorable recommendation. Committeemember Jo M. Broden seconded the motion which carried by a voice vote of three (3) ayes. Historic Preservation Briefing — Elicia Feasel, Executive Director Historic Preservation Elicia Feasel, Executive Director of the Historic Preservation Commission of South Bend and St. Joseph County located at 125 South Lafayette, gave an outline of the Commission. Timothy S. Klusczinski, 617 Park Avenue South Bend, President of the Historic Preservation Commission of South Bend and St Joseph County also aided in the presentation. The HPC was established by dual ordinances from the City of South Bend and St. Joseph County in 1973. The Commission is by law a bi- partisan, politically neutral and quasi-judicial body. HPC maintains jurisdiction throughout the City of South Bend and unincorporated parts of St. Joseph County. Its constitutional duty is to identify buildings, structures and sites that are architecturally or historically significant as well as to assist and educate the public. There is a federal, state, and local aspect to the HPC. As a certified local government, the HPC is a third tier review agency for national register designations and it provides contractual services to the City of South Bend for federal funding. They send reports and statistics annually to the State Historic Preservation Office. There are about six - thousand sites that have been identified as contributing notable or outstanding references to our area's history. The Commission makes recommendations to the Common Council of the City of South Bend and to the St. Joseph County Council to formally designate local landmarks and historic preservation districts by ordinance. Once a landmark or district is designated, the Commission serves as the agency that administers the preservation standards required by the designation. Since 1973, two - hundred and eight (208) local landmarks and nine (9) local historic districts and several national register districts have been designated throughout South Bend and St. Joseph County. The HPC is one of the three (3) oldest preservation authorities in Indiana. Eight (8) at -large members equally representing the two (2) political parties are appointed by the legislative and executive branches of local government. The eight (8) at -large members appoint the HPC Architectural Historian who serves as a ninth member. Members serve for three (3) years without compensation. The HPC Board also sets staff policy, reviews its budget, and holds public hearings to review proposals. HPC has no governmental enforcement authority to uphold those standards and decisions and is legally required to petition the South Bend Code Enforcement and Building Departments whenever violations occur. The staff of the HPC have developed partnerships with local agencies, universities, City and County Departments and local businesses to educate the public about historic preservation. The HPC serves as a resource to home owners and assists homeowners with exterior projects so they are more appropriate and likely to be approved by the HPC. Each semester they host an average of three (3) interns in partnership with the St. Joseph County Chamber of Commerce from various schools and universities. There are seven hundred and forty -eight (748) structures through the nine (9) local historic districts. In 2015, the HPC completed about one - hundred (100) research requests from the members of the community and colleagues. They are also nearly finished with a comprehensive overhaul of HPC archives which includes cataloguing their vast collection of files. HPC and Indiana Landmarks has also developed the annual Restore Michiana Series to teach homeowners and students the best practices from experts in the preservation trade field. The goal is to preserve existing buildings through education. To promote interest in South Bend's architectural heritage, the HPC works with partners such as the History Museum, Indiana Landmarks, DTSB, South Bend Parks and others to develop guided and self - guided tours. In 2015, the HPC guided four (4) local historic districts tours and several private tours. The Building South Bend Past Present and Future Partnership with the Notre Dame Architecture Library and the History Museum is a way to explore South Bend's history through architecture using interactive technology. It includes a website, mobile application, 3 -D printed model and virtual reality tour of 1920s Downtown South Bend. This unique archival project was four (4) years in the making and launched during S13150. The HPC presented the project to the American Planning Association Conference. The content is being continuously expanded and is now linked to the St. Joseph County Website. Also, HPC staff are working under the leadership of County G� Commissioner Deb Flemming to plan for and provide special educational resources in celebration of Indiana's two - hundredth (200) birthday. Councilmember Karen White asked if Leeper Park is the only city park that has historic designation status. Ms. Feasel responded it is the only park that is entirely covered, there are some parks that have elements that are designated. With no further items before the Committee, Committee Chair Oliver Davis adjourned the meeting at 4:28 p.m. 10 • ?