06-27-16 Zoning and Annexation - Laserfiche WebLink

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PPV are on file with the City Clerk's Office. The petitioner is proposing to use the existing residential structure for the business and a proposed parking lot at the rear of the structure, however some additions and changes would need to be made to meet the setbacks and standards for parking at that location. At the Area Plan Commission hearing, several people spoke in favor of the rezoning and a couple of people spoke in opposition. This specific bill had two (2) public hearings. The first as a rezoning for Office Buffer District and the second as an amendment for Local Business. The Plan Commission took three (3) votes, the first two (2) failed to carry and ultimately this comes to the Council with no recommendation from the Area Plan Commission. Committee Chair Oliver Davis asked about a letter sent to the petitioner that stated the outcome of the Area Plan Commission's decision. Ms. Smith responded a letter is always sent the day after the public hearing and we provide a report to Council by noon. Committee Chair Oliver Davis stated as far as his understanding goes the letter incorrectly stated Mixed Use and not Local Business. Ms. Smith responded that was probably a clerical error as it was originally Mixed Use in their database. It should have stated Local Business. The petitioner should also have received a letter regarding the variances. After looking at the letter, Ms. Smith stated the title was correcting in stating Local Business but the motion incorrectly and says Mixed -Use. The Commission will correct that and send out a new letter by noon tomorrow. This is the letter that starts the ninety (90) days that the Council has to act on anything coming from the Area Plan Commission. Councilmember Regina Williams- Preston asked if the bill has to be readvertised then. Ms. Smith responded no because this petition went to a more intense zoning classification so we advertised the petition and notified the neighborhood again. Councilmember Williams- Preston asked if that means we cannot act on this bill tonight. Council Attorney Kathleen Cekanski- Farrand responded no, the Council can still act on the bill. Committeemember John Voorde asked what the opposition was at the Area Plan Commission. Ms. Smith responded one (1) member of the community spoke about their concern related to continuing commercial along Lincolnway and the quality of commercial along the road as well. There was also opposition from the Department of Community Investment as the zoning would not be consistent with the comprehensive plan for the area. Janice Kimbrough, 2724 Lincolnway West South Bend, spoke as the petitioner for this bill. This rezoning will allow for the opportunity to conduct business activities for Blessed Gospel Magazine. Next to the property is Palmer Funeral Home which is already zoned Local Business. Ms. Kimbrough provided photos of the property for the Committee, the photos are on file in the City Clerk's Office. Ms. Kimbrough specifically mentioned the backyard of the property where 2