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REGULAR MEETING December 12, 2016 Mr. Matthews responded that it could be shorter, but somebody would have to pay for it. Councilmember White asked if Mr. Matthews could speak about how the project could possibly be in conflict with the South Bend Design Guidelines established in 2013. Jitin Kain approached the podium and explained that this was a revision to the Central Business Development Area Plan which presented broad guidelines for policies affecting the Central Business District, looking at the East Bank, West Bank, Monroe Industrial Park, and Medical District as subsections of the Central Business District. He further explained that these guidelines would say nothing about height or appearance, but was concerned with the types of uses of properties in these subsections of the Central Business District. Councilmember Regina Williams- Preston asked Mr. Matthews what guarantee Council had that Mr. Matthews would continue to pursue the acquisition of additional land that would allow the height of the project to be brought down, if Council approves the project. Mr. Matthews responded that he did not know that there could be a guarantee. Councilmember Williams- Preston, addressing Mr. Dvorak, asked what the use of a City plan was if developers could turn to PUD's to break away from plan guidelines. She also asked how vulnerable Council would be to legal action if they approved this PUD but denied another developer's PUD in the future. Mr. Dvorak responded that planning is important but that it is also important to plan for the plan to fail. Where a PUD is appropriate, he stated, is when it is a unique type of project that benefits from its special type of planning. In his and Mr. Matthews' view, a $50,000,000 Mixed -Use project that brings in a grocery store and pharmacy, as well as two - hundred and forty (240) market -rate apartments is a special project. A PUD allows for the project to happen more quickly and involves Council more in the smaller details of the project. Councilmember Williams- Preston responded, So you're saying that when Joe Developer comes tomorrow— Mr. Dvorak interjected, stating that if someone tried to file a gas station as a PUD, they would obviously not be eligible. Councilmember Broden asked, Based on what criteria, though? She stated that the project ignored the Comprehensive Plan, to which Mr. Dvorak responded that it ignored only part of the plan. Councilmember Broden stated that it was a critical aspect of the plan, and argued that the project bucked against the scale, design, and aesthetic set for the neighborhood in 2004 and reasserted in 2008 with the East Bank Plan. She then asked how Council could turn away other petitioners going against the plan if the PUD in question, which was against the plan, was approved. Mr. Dvorak responded that it was under the authority vested in the Council to make zoning decisions that they could decide whether to approve or disapprove of a petition. City plan calls for high density, mixed -use, walkability, the connection of public resources (such as the City's trails), as well as the bringing in of useful retail in a way that makes the City more urban. He argued that that was what the project intended to do. He stated that the project takes a vacant lot and brings in high quality urban development. He stated that, given this, he felt that it was an easy call to make. Councilmember Gavin Ferlic, addressing Mr. Matthews, stated, Dave, in conversations with some Councilmembers, I think there's a sense that if this does not pass tonight, then we'll just keep on working on it and we'll get it figured out. Is there a legitimate chance in your mind that if we don't pass this tonight, that we are not going to see a grocery store downtown and we're not going to see a pharmacy downtown? Mr. Matthews responded, I think you'll see one, but it might be a long time before you do. Councilmember Ferlic asked whether or not there was a good chance that this project on this parcel would not happen in any shape or form if Council does not approve the project. 14