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REGULAR MEETING FEBRUARY 13, 2017
<br />Councilmember Gavin Ferlic stated that he appreciated the input from Community Investment,
<br />as well as from the representatives of the developer of the property, and the adjacent property
<br />owners. Councilmember Ferlic stated, One thing we are looking at is a potential setback of
<br />thirty -four (34) feet. That number seemed to be agreed upon by all three (3) parties, so thank you
<br />again for your hard work on that.
<br />Councilmember Oliver Davis stated, I also would like to thank both groups for taking the time to
<br />come to some type of agreement. Councilmember Davis warned that, in zoning, one must be
<br />cautious regarding being too specific about what sort of business they want to see in an area. He
<br />stated that when one gets too specific, one may run into serious legal ramifications. He stated,
<br />My biggest issue came down to when I looked up what the neighbors were concerned with —that
<br />is, you have two (2) businesses that said if you were to back up a little bit here, we could work
<br />together there. Well, I saw that spirit a few weeks ago, and said that we could maximize that.
<br />That's why I like the whole concept of the variance option. I do believe our Code Enforcement is
<br />going to have to look into any kind of thing regarding Dollar General. Councilmember Davis
<br />stated that the Dollar General on Portage Avenue seems to be okay. He had concerns about some
<br />of the stores in the south, though. He stated that enforcing code would be important.
<br />Councilmember Oliver Davis made the motion to approve Substitute Bill No. 77 -16, subject to
<br />the modifications identified by the presenter and with written commitment to pursue and use best
<br />effort to obtain a thirty -four (34) foot setback variance. Councilmember John Voorde seconded
<br />the motion which carried by a voice vote of nine (9) ayes.
<br />78 -16 PUBLIC HEARING ON AN ORDINANCE
<br />AMENDING THE ZONING ORDINANCE FOR
<br />PROPERTY LOCATED AT A 119.89 ACRE
<br />TRACT OF LAND NEAR THE CORNER OF
<br />MAYFLOWER ROAD AND ADAMS ROAD
<br />ABUTTING THE ST. JOSEPH VALLEY
<br />PARKWAY, COUNCILMANIC DISTRICT NO. 1
<br />IN THE CITY OF SOUTH BEND, INDIANA
<br />Councilmember Oliver Davis, Chair of the Zoning and Annexation Committee, reported that
<br />they met this afternoon and send this bill forward with a favorable recommendation.
<br />Angela Smith, Area Plan Commission, with offices on the 11th Floor of the County -City
<br />Building, served as the presenter of this bill. Ms. Smith stated that the petitioner is seeking to
<br />rezone a tract of land that is approximately one - hundred and nineteen (119) acres on the east side
<br />of the bypass, north of Adams Road, and to the west of Mayflower Road. The property to the
<br />north is in the State of Michigan. The properties to the east, south edge, and west are primarily R,
<br />Single - Family, in the County. There are some portions to the south and to the west that are zoned
<br />PUD, Planned Unit Development. The site is currently vacant. Ms. Smith presented to the
<br />Council and public images of the property's vacancy. She stated that the proposed site would be
<br />for uses allowed within the LI, Light Industrial District. Ms. Smith presented to the Council and
<br />public an example of how the site might develop. She stated that the petitioner is proposing to
<br />start on the south portion of the property to install a light manufacturing facility, and that they
<br />would have some additional land to the north that they could develop at a later time. She pointed
<br />out on the site plan the building, associated parking, and the entrance drive which would be an
<br />extension of Dylan Drive. Ms. Smith stated that there were potential written commitments that
<br />the petitioner would probably address later in the meeting. She stated, This comes to you from
<br />the Area Plan Commission with no recommendation.
<br />Brian McMorrow, Abonmarche Consultants, 750 Lincolnway East, South Bend, IN, served on
<br />behalf of the petitioner of this bill. Mr. McMorrow stated, I think the question to be answered, as
<br />part of our petition, is a simple one: to put into place the most appropriate zoning on this
<br />particular piece of property, which, unlike probably most other properties in South Bend, has no
<br />zoning. The PUD that was approved in 2005 has expired because the petitioner did not follow up
<br />on an application for secondary approval on this particular quadrant. Mr. McMorrow stated that
<br />the owner is Waggoner Dairy Farm and that the developer is Great Lakes Capital, Portage Prairie
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