10-22-18 Zoning and Annexation - Laserfiche WebLink

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•CITYOFSOUTHBEND OFFICE OF THE CLERK both Mixed-Use and Light-Industrial in this area which is why the suggestion and recommendation to go to MU, Mixed-Use District is consistent with the Comprehensive Plan and the surrounding area. There is some Light-Industrial across the street and one (1) little element of GB, General- Business. It is an vacant warehouse which is proposed to be used for the Weather Amnesty Program. The site plan shows improvements to the landscaping which would have to be installed prior to final occupancy of the building. This comes to you from the Area Plan Commission with a favorable recommendation. There was one(1)person that spoke in favor and three(3)that spoke in opposition with concerns about increased traffic in terms of the homeless individuals and the safety and crime issues that are associated with that. Committee Chair Davis opened the floor to questions or comments from Committee and Council Members for the presenter. Committeemember Broden asked, With regard to the landscaping, my overall understanding is that this is temporary, although no rezoning's are ever considered temporary. My understanding, by way of the petition and whatever conversations that have been had, otherwise as indicated by some of the stuff in the packet that there is an intent or interest to return this to a different zoning. So this is before the Council in a way to consider this a temporary use to meet the Amnesty needs. Having said that,if that is correct in my understanding,can we,as a Council, eliminate the required addition of landscaping? It seems to me to be an additional hoop and cost for the development of this as a temporary use. Is that an option for the Council to not have that required landscaping to be in place? Ms. Smith replied, No, if they wanted relief from that, the Area Board of Zoning Appeals is the only entity that has the authority to grant that relief. In this instance, the reality of the situation is, you have a planting season to put in the landscaping. So,by the time they would even get to a point where they would need to put in the landscaping, the need of the use would not be there anymore. However, future development of the site either under the MU, Mixed-Use District or after they rezone it back to LI, Light-Industrial District, they will have to install any landscaping required at that time before they can occupy the site. So the reality of the situation is, for this particular temporary use, by the time they would be required to install it, the use would be over. In my understanding, we will be back before you to rezone it back to Light-Industrial. Although, this is perfectly suitable for a Mixed-Use type of building as well. Committee Chair Davis asked, It will come back to us at the end of April or early May? Ms. Smith replied, Whenever the property owner decides to rezone it back. I believe the City has an agreement with them to do that at the end of this Amnesty thing. But again, they can chose to leave it as MU, Mixed-Use as they might find a user that fits within that category and that is perfectly suitable to go in there as well. So they don't have to zone it back. I believe their intention is to, but once it is passed, it doesn't automatically revert. There will have to be another action by the Council to change it. Committee Chair Davis asked, So if they find a user that meets the Mixed-Use, then they don't need to come back before us at all? Ms. Smith replied, Correct but they would have to install the landscaping. EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 455 County-City Building 227W Jefferson Bvld South Bend,Indiana 46601 p 574.235.9221 f574.235.9173 TTD574.235.5567 www.southbendin.gov 6