06-27-16 - Laserfiche WebLink

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REGULAR MEETING June 27, 2016 Ms. Smith responded it would have to go to Area Board of Zoning Appeals which has a public hearing process as well. If it was a special exception it would then go to Council. Councilmember Davis stated there would be some authority then that would have oversight of that process. Ms. Smith responded correct. Councilmember Jo M. Broden asked Ms. Smith to enumerate the more intensive uses that are acceptable under Local Business District. Ms. Smith responded it might include a retail store, smoke shop, several other retail uses but would not be able to be used for a car dealership. It could be used for small scale less intense retail and also offices. Councilmember Davis asked what the petitioner originally requested from Area Plan. Ms. Smith responded originally she was looking for Mixed Use which would allow for the office uses associated with the publishing company but during the public hearing process there were a couple people who referred to it as a print shop and talked about being able to go there instead of Kinkos for printing. A print shop is a specific use listed under Local Business so at that point it had to be tabled and re- advertised as Local Business. Councilmember Davis asked if that was the point at which Area Plan recommended her to try for Local Business because of that particular activity. Ms. Smith responded correct, we always try to pair the petitioner with the first district in which the use appears. We try to gear people towards the least intense use for the property so that the more potential hazards of that district don't come in. In this case because print shop is specifically listed in our ordinance as Local Business District we had to make that adjustment. Councilmember Davis stated the chances of having a retail shop in that location is a stretch just because of the marketability of the location. Councilmember Broden asked when the comprehensive and Westside Main Street's plans were approved. Ms. Smith responded that in 2006 the City went through a very extensive city plan effort to redo the comprehensive plan for the entire City of South Bend. That went through the Area Plan Commission who then made a recommendation to the Council and was ultimately adopted by the Council. In 2012 there was an amendment to the City plan that was the Westside Main Streets Plan that looked at a corridor plan for both Lincolnway West and Western Avenue. That also went through the Area Plan Commission and City Council as an amendment to the comprehensive plan. Ms. Kimbrough stated since she contacted the Area Plan Commission they have been fighting her every step of the way. She stated she received a letter from them on April 15th saying that they were not in favor of it and that her print shop does not match the master plan. On April 18th, she stated they sent a letter saying she was being denied since she was not appearing to have any residential use of the structure. She asserted they have not been trying to work with her through this process. They keep talking about what is going to happen maybe in the future but if that's the case they should go to every business along Lincolnway and apply the same standards. This printing business is in tune with the area and it's a shame all this red tape has been put up to get a Local Business District. Ms. Smith responded that the only thing that would come from the Area Plan Commission would be to forward the recommendation of other agencies. The Area Plan staff is not allowed to make a recommendation other than to the Area Plan Commission. It is ultimitately the Area Plan Commission which makes the recommendation to the Council. Ms. Smith stated she believes the letters referenced came from the Community Investment Department not from Area Plan. We give a certification letter after the petition is heard by the Area Plan Commission that lets the petitioner know the motion of the fifteen (15) member Area Plan Commission. The letter she 4