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REGULAR MEETING FEBRUARY 13, 2017 77 -16 PUBLIC HEARING ON AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 3720 LINCOLNWAY WEST, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Oliver Davis made a motion to accept Substitute Bill No. 77 -16. Councilmember Jo M. Broden seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Interim Council Attorney Aladean DeRose clarified for the record, The Committee recommendation was that it was approved, conditioned upon an additional thirty (30) foot setback, and the vote was three (3) to two (2). Angela Smith, Area Plan Commission, with offices on the 11 th Floor of the County -City Building, served as the presenter of this bill. Ms. Smith stated that the petitioner is seeking to rezone the property located at 3720 Lincolnway West. She presented to the Council and public a site plan, stating, Now, you will see the property highlighted here in red. The property is currently zoned SF -1, Single - Family. They are petitioning to rezone to MU, Mixed -Use. Across Lincolnway, you have homes zoned SF -2, Single - Family and Two (2) Family, and businesses zoned LB, Local Business. To the east, you have a restaurant zoned LB, Local Business. To the south, you have Single - Family homes zoned SF -1. The petitioned property actually extends to the south, but the rezoning area does not extend all the way down to the bottom of the property. To the west, you have contractors' offices zoned GB, General Business. The site currently has a Single - Family home on the property. The site plan that is here before you is a revised site plan from the original presentation you saw a couple of weeks ago. The petitioner relocated the building to the west side of the property, and this is reflective of what the site plan will look like in compliance with the MU, Mixed -Use District. This comes to you from the Area Plan Commission with a favorable recommendation. Rezoning the property to MU, Mixed -Use will allow for the infill development that complements the transition from the more intense Commercial uses west of the site to the Single - Family Residential to the east. John Wojtila, Zaremba Group LLC, 14600 Detroit Avenue, Cleveland, OH, served on behalf of the petitioner of this bill. Mr. Wojtila stated that he wanted to highlight major changes made since the prior meeting. As committed to in the last Common Council Meeting, the building will have a four (4) sided brick appearance; the dumpster will be enclosed to match the building; there will be construction of a public sidewalk along the entire frontage; there will be considerable, enhanced landscaping, including additional shade trees along the frontage, a hedgerow to screen the parking —also along the frontage of Lincolnway —grout covers with seasonal color at key points along the frontage, a bike rack on the east side of the entry and a bench on the west side; there will be a decorative fence to add to the streetscape presence along Lincolnway; there will be a privacy fence at the southern edge of the development —not at the edge of the property; wall signage on the building will have standalone letters rather than be a box sign; windows will be added to the east and west elevation; there will be an ornate cornice detail at the top of the building; there will be awnings on all the windows, but at the entry to the building there will be a more decorative, horizontal awning. Mr. Wojtila stated that this was a private development with no abatement being requested. He stated that the building would have high quality finishes and be made of high quality materials, and be consistent with the Comprehensive Plan. Councilmember Karen White asked if the petitioner would have any difficulties with implementing the thirty (30) foot setback requested by the Zoning and Annexation Committee. Mr. Wojtila responded, No, I have no difficulties with that. I would just like the motion to be that we would pursue and apply for a variance, versus obtaining it. We will commit to applying for it using our best efforts. We will be at the first ABZA meeting that we can be at. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of the bill. E