01-23-17 Zoning and Annexation - Laserfiche WebLink

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Councilmember Williams-Preston asked, So the trash—it would be like a privacy fence around it? Mr. Wojtila responded, Yes, it would be a solid thing. This being the time heretofore set for public comment on the above bill,proponents and opponents were given an opportunity to be heard. None from the public wished to speak in favor of this bill. Those wishing to speak in opposition to this bill: Jerry Barcevic, Volcano Restaurant, 3700 Lincoln Way West, South Bend, IN came up to the podium with Thomas Walz of the law firm Hahn Walz, PC, 509 West Washington Street, South Bend, IN. Mr. Walz listed the concerns of the Volcano Restaurant landowner, such as the fact that the mirroring suggestion would probably make visibility worse for Volcano Restaurant. He explained that much of the restaurant's business comes from newcomers to the City who have just landed at South Bend International Airport. He worried that that customer base would be lost if people unfamiliar with South Bend could not see the restaurant as they drove down Lincoln Way. He stated, I think Mr. Wojtila's photo from Akron really encompasses the issue, because that in itself shows the building on an angular street. It really shows you—from the angle that that picture was taken—the inability to see to the other side and the inability to see what would be around the corner. Mr. Walz took this time to read passages he had isolated himself from the 2014 West Side Main Streets Plan. He stated, It talks really about the history of what Lincoln Way West was and what it is being: which is a treeline street with pedestrian-friendly nodes that are separated by residential properties. In this case, this is not at the intersection of a main thoroughfare. This is right in the middle of the Sheridan and Bendix nodes: the exact thing that the West Side Main Streets Plan was intended to prevent. Furthermore, in terms of the areas between the nodes, the plan states, "It is equally important to ensure that development does not creep into these zones that are and should be predominantly residential between the nodes."If you permit the Dollar General, you are cutting against the intent that was in mind when the West Side Main Streets Plan was put in place. I know that the staff report for the Area Plan Commission talks about the fact that the petition is consistent with the West Side Main Streets Plan. For these reasons, I would respectfully submit that it isn't. The West Side Main Streets Plan was intended to protect and to nurture businesses like my client's. Mr. Walz warned that if the Council allows this project to go forward, it would not only go against the plan but it would open the door for other such developments in the future. Mr. Wojtila,responding to Mr. Walz, stated that the design that Zaremba put together is sensitive to the MU zoning classification that they were advised to follow. He stated that they were happy to mirror the site,to push the building a little further away from Lincoln Way, to not have parking at the front of the building, and to still maintain a pedestrian feel. He stated that pushing the building further west would improve visibility. He concluded his rebuttal by stating, I respectfully disagree with the comments that were made, because the plan that we put together was guided toward the MU zoning classification. 7