3:30 p.m. County-City Building, South Bend, IN. John Leszczynski, Dr. Jerry Thacker, Steve Vojtko

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1 THE AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, INDIANA MINUTES Tuesday, June 20, th Floor, Council Chambers 3:30 p.m. County-City Building, South Bend, IN MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: Dan Brewer, Debra Davis, Oliver Davis, John DeLee, Adam DeVon, Robert Hawley, Martin Madigan, Elizabeth Maradik, John R. McNamara, Matthew Peterson, Jordan Richardson John Leszczynski, Dr. Jerry Thacker, Steve Vojtko Larry Magliozzi, Angela M. Smith, David M. Stanton, Jr., Jennifer S. Parcell, Staff; Mitch Heppenheimer, Counsel PUBLIC HEARING - 3:30 P.M. 1. REZONINGS: A. A combined public hearing on a proposed ordinance of Holy Trinity Evangelical Lutheran Church to zone from R: Single Family District to R-2: Residential District and seeking the following four variance(s): 1) from the required 75' front yard and building setback to 60' from the centerline of Mayflower Road; 2) from the required 40' rear yard and building setback to 20' for buildings and 5' for drive aisles; 3) from the required landscaping to the landscaping as shown on the site plan; and 4) from the required maximum 20% building coverage to 30%, property located at Mayflower Road, St. Joseph County - APC# DAVID M. STANTON, JR.: The petitioner is requesting a zone change from R: Single Family District to R-2: Residential District and seeking 4 variances from the development standards. On site is a church. To the north are single family homes zoned R: Single Family District. To the east is a farm field zoned R: Single Family District. To the south are single family homes zoned R: Single Family District (County) and a vacant lot across Brick Road zoned PUD Planned Unit Development District (City of South Bend). To the west across Mayflower Road are single family homes zoned R: Single Family District. The R-2 Districts are established to protect, promote and maintain the development of a wide range of housing opportunities ranging from single family dwellings to multifamily complexes as well as provide for other limited residential, public and institutional uses that are compatible with residential development, all in accordance with the comprehensive plan. The acre site is proposed for several buildings of varying size. The proposed site plan includes the expansion of a church building, the addition of a dining hall and exercise facility, an assisted living facility, 22 duplex units, and 6 triplex units. 150 parking spaces are proposed for the new church building. In 2010, the properties to the south

2 were zoned Planned Unit Development District (City of South Bend) to allow primary permitted uses as allowed in the MF1 Urban Corridor Multifamily District, LB Local Business District, CB Community Business District, and GB General Business District. Mayflower Road has two lanes. Brick Road has two lanes. The site will be served by municipal water and sewer St Joseph County Department of Public Works commented that the following items need to be addressed prior to final approval: 1) Provide drainage calculations for the entire site; 2) Accel/Decel lane and driveway approach within Right-of Way shall meet St. Joseph County requirements for geometrics and INDOT driveway standard for pavement thickness; 3) County may require improvements along frontage of Mayflower Road and intersection of Mayflower Road and Brick Road to increase traffic volume; 4) A Storm water Pollution Prevention Plan will be required with land distributing activities greater than 1 acre. City of South Bend Department of Public Works commented that the following items need to be addressed are required prior to approval: 1) Completion of the City of South Bend Utility Verification Form; 2) Connection will not be allowed into the existing sanitary force main on Mayflower. The developer will be responsible for installation of a new gravity line to accommodate the proposed development; 3) Prior to finalizing the design of this gravity line, further conversation with the City is needed to determine the appropriate pipe sizing to accommodate future flows from the projected developments North of this site as well as the existing properties that are currently served by the force main on Mayflower; 4) Tapping into the water main on Mayflower and any proposed loop within the property will require coordination with the City Network Engineer. The petitioner is not proposing any written commitments. The Petition is consistent with the Comprehensive Plan for South Bend and St. Joseph County, Indiana (April 2002). Goal 3, Objective C: Encourage new development to take place in traditional neighborhood forms. Policy i: Medium or high density multi-family housing or other facilities with intense activity (such as churches, secondary schools, and commercial sites) should be located along arterials, with access to the arterial street (preferable) or to a collector street. This future land used map makes no specific recommendation for the area. There are no other plans in effect for this area. North of Brick Road is primarily rural residential. The area south of Brick Road has developed as an industrial park with a larger portion still undeveloped. The most desirable use is residential. Surrounding property values should not be affected negatively. It is responsible development and growth to encourage and support residential development in areas where municipal services are available. The Staff has no additional comments at this time. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the County Council with a favorable recommendation. The staff recommends approval of the variances. Rezoning this property to R-2: Residential District will allow for a residential development that utilizes duplexes and triplexes to provide a variety of housing options. The proposed Two and Three family dwelling units will fit well into the neighborhood. BRENDAN CRUMLISH: I am with Crumlish and Crumlish Architects. Offices located at 3215 Sugar Maple Court, Suite B. With me today is my consulting engineer, Roland Clocko. ROLAND KLOCKOW:I am with Rheinbach Engineering Offices located at Righter Lane. BRENDAN CRUMLISH: Our client Holy Trinity Evangelical Lutheran Church is requesting a JUNE 20, 2017 AREA PLAN COMMISSION 2

3 change in zoning for their property at Brick and Mayflower Road to allow them to build a community of duplex and triplex villas. They are currently zoned R Single Family District and are seeking the R-2 designation for creation of this multi-family development. Holy Trinity Church originally bought the 17.7 acre property twenty years ago with the intention of building a residential community at this location. The church building itself was completed in The congregation is getting ready to take the next steps towards making a senior community possible. The proposed senior community development will feature six triplex villas with a total of eighteen two bedroom living units and twenty-two duplex villas with a total of forty-four two bedroom units. Each unit will have two one garage. Initial plans are for a phased implementation as the villas are sold and built. All of the units will be one story. Eventually, the church plans to expand its worship facility and add other amenities such as community dining hall and a therapy swimming pool and possibly a small assisted living center. These future plans are dependent on funding and are not currently budgeted. But if funding becomes available these amenities could occur simultaneously with the construction of the new villas. As a part of the rezoning, we are asking for a few variances to fulfill the concept site plan that has been presented. Variance #1 is to reduce the setback along Mayflower from 75 to 60 to match the setbacks of other existing properties along the street and to accommodate a larger triplex at the cul-de-sac at the northwest corner of the property. Variance #2 is to reduce the rear setback from 40 to 20 for buildings and 5 for drive aisles to accommodate the duplexes, utility clearances, driveways and potentially a future walking path. Variance #3 is to provide the landscaping as shown on the plan primarily in lieu of the foundation landscaping on the existing church. Future additions to the church will have the necessary screening and this condition will resolve itself as the project moves forward in the future phases. Variance #4 is to increase the building coverage on the site from 20% to 30% some of the future expansions are not exact at this time and this was a suggested target increase. The church needs to obtain a rezoning so they can move ahead with final construction designs and obtain construction funding. We have a brief animated 3-D presentation of the proposed development that matches this two-dimensional plan and if the staff can que it up we would like to share it with you now. ANGELA SMITH: It may take a couple of minutes because it is a large file. OLIVER DAVIS: Will this just be for the members or for others as well? ROLAND KLOCKOW:It is not exclusive to the church members. MATT PETERSON: Seems like a lot of trees to get rid of, are you going to save any of them? BRENDAN CRUMLISH: Possibly. We don t have an inventory of each tree yet. ROBERT HAWLEY: Do you have any idea on price? BRENDAN CRUMLISH: For the entire development? ROBERT HAWLEY: For the units. BRENDAN CRUMLISH: We are shooting for $200,000 per unit. JUNE 20, 2017 AREA PLAN COMMISSION 3

4 DAN BREWER: So the duplexes are on the north side? BRENDAN CRUMLISH: The triplexes are in the cul-de-sac. They are slightly larger units. DAN BREWER: Assuming we can t get this to go, (presentation was not loading) have you completed your presentation? BRENDAN CRUMLISH: I just wanted to say that we think it is a splendid opportunity for a new residential community at this location, we feel that it is in keeping with the County s plans for new residential growth. We hope the Plan Commission will agree and send this favorably to the County Council. ADAM DEVON: Each unit has their own garages plus the drive right in front of it? BRENDAN CRUMLISH: Yes. JORDAN RICHARDSON: I noticed that you have some type of landscaping buffer here (pointing to the site plan), why not any other location? BRENDAN CRUMLISH: That was required along the frontage. There wasn t landscaping on the rear. IN FAVOR There was no one present to speak in favor of this petition. REMONSTRANCE MATTHEW BUCZOLICH: I reside at Mayflower Road. I live directly across the street from the property. I am not against the project. I am against it from changing it from 75 feet to 60 feet to the center of the road. My house sits right now at 72 feet from the center of the road. It is way too close to the road in my opinion. All the traffic from the industrial park has been put off of Mayflower, actually from Brick on the other side of Adams back there. Is that industrial park. I was out there today painting my gutters and there were two semi s come down the road. There was eight Fed-Ex trucks. We get all the traffic from all the people going back from those projects going back there now. I just think that having another project that is going to be sixty feet from the road and having me sit and look out my front window at all the time. I am just not in favor of that. I think it should have to stay at the 75 feet at least. Are these going to be taxable units or are these going to be tax exempt? KEN HARNESS: I reside at Mayflower Road. My property is on the north side of their property. Basically, they are going to be in my back yard after all these years. They want variances. Does that mean they are also going to want variances for my property? I am not quite understanding this. I know they want a variance so they can be closer to Mayflower and a variance so they can be closer to the backside of their property. What about the north side of the JUNE 20, 2017 AREA PLAN COMMISSION 4

5 property? They said they are going to have a cul-de-sac with the triplex which is going to be from the looks of things, right beside my house. What is supposed to be the clearances there? I am 25 foot from the property line right now. My house is that is where it was built years ago. Are they going to be 25 foot where they build, or are they going to be right up on top of the property line? JOHN DELEE: Where do you live in relation to this? KEN HARNESS: I am on the north side of it. I have a three quarter acre lot facing Mayflower. DAN BREWER: There is no public road at that point. Your property abuts this property. KEN HARNESS: Yes. I am right on the property line. If you look at the front part. DAN BREWER: They are not asking for a setback variance on the north side. KEN HARNESS: Just like the previous man stated, I live out there too and the traffic is just gotten to the point where it is non-stop. DAN BREWER: On Mayflower? KEN HARNESS: Yes. There are lots of people going about 65 MPH in the morning. Between the other subdivisions out there and all the construction, because it is obvious that Dylan Drive can t handle this and people aren t using it anyhow. They are using our road. Our road is falling apart. I am concerned about it too. ROBERT HAWLEY: What is the speed limit? KEN HARNESS: 40 MPH. CRISSY FRICKSON: I reside at Weymouth Court. We are in the Willows Subdivision in the very back, just north of the property in question. I feel a little bit better. I am not against it. I am not for it. I am kind of in limbo right now because my concern is the safety and security of my neighborhood, my neighbors, my property values. We have a lot of kids in that neighborhood. We get people that just roll in and drive through. There are lots of times we had to call the police because people are staking out or neighborhood and things like that. My concern is my way of life and my friends and neighbors and their children. My concern is them not filling it to capacity and it not going by the way of the elderly and things changing. Then that reflecting our safety and security out there. That road, Mayflower Road, is an old farm road. You guys pea gravel it every couple years. That is all it is. Trucks have no business being on that road. Brick Road for that matter is pretty much the same way. For some reason Adams was paved last year. Didn t make much sense. I am assuming that you had that done to meet up with Dylan Drive maybe and hopefully the trucks would take those routes. It doesn t happen. They put up no truck signs this year. It doesn t matter, they still use that road. He is correct, people go flying up and down that road and it is very dangerous. I would like to see sidewalks on our JUNE 20, 2017 AREA PLAN COMMISSION 5

6 road because it is that dangerous. I would like to see them put more boundary around it to prevent the light filter that is going to go in there. When Fed-Ex was approved right off Chet Waggoner Drive the light that comes off of that is ridiculous. In the winter time, in the middle of the night, it is like you walk outside and it is daylight. Those people along Mayflower, we are kind of hidden because we are in the very back of our neighborhood, those houses up there closer to Mayflower, it is like daylight. Those lights are shining in those people s houses. There was nothing taken into consideration for that. With all these houses around, are they going to have street lights here? I would like to see more trees up and down Mayflower to maybe block those from those neighbors. I already asked the Pastor when we were sitting out there, who would be managing the units and he said they would. They were going to direct a board and take care of that. They said the houses were for purchase and not for rent. His demographic was elderly. I don t have a problem with that. I would just like the consideration of the people around there to be taken a little more. The PUD property is up for auction, I don t know what is going to happen with that. I think you need to address the Mayflower, Brick Road area before you guys go any further with adding more houses. We have 40 in our subdivision and there are at least two cars to every house. We brought a lot more traffic on a farm road. It is a true farm road. Maybe at some point you need to address that, maybe sooner than later. REBUTTAL BRENDON CRUMLISH: This property will be a taxable property. The 75 foot setback to 60, we feel that that is necessary to create the desired number villas. If we were not to do that, we would probably have to take out the center green space that separates the units along the two north south roads. The setback on the north, we are not asking for a variance, that is a side yard setback on this property and it is at the ten foot setback required. We have sustained that. It was mentioned that the road is 40 MPH and so forth. That was not our choice. We can t control the speeding trucks or the condition of the road. ROLAND KLOCKOW: A lot of that truck traffic that you referred to is due to the Portage Prairie development and not the Willows development or the Holy Trinity development. BRENDON CRUMLISH: What will happen if it is not to capacity? We don t know. Our ambition is to sell all the units and work towards full capacity. I can t answer that question of what might happen at this time. It was mentioned that they wanted some boundary around it concerned about the lighting such as the Fed-Ex one. It is a residential development. We are not going to be putting spot lights on the side of the houses, aiming them out at the property. We may or may not have street lights. That hasn t been decided yet, but the street lights would be on the inner road so the villas would be between that road and Mayflower. I think we have significant screening there considering that it is a residential use. OLIVER DAVIS: Your rational for only going sixty feet is because you already have the BRENDAN CRUMLISH: You can see the duplexes along Mayflower there are beyond that or very close to that. It would prohibit them from being able to put a deck or something like that. The only villa that is even close to the 60 foot is the far upper left triplex there. That is the one that comes closest to that. JUNE 20, 2017 AREA PLAN COMMISSION 6

7 OLIVER DAVIS: Do you have any safety concerns like the gentleman raised regarding if it is only 60 feet? Are you concerned about any safety issues? BREANDAN CRUMLISH: We may eventually have some kind of fence enclosure. That has not been determined yet. ROLAND KLOCKOW: We also talked about a potential path that Mr. Crumlish eluded to in the presentation. BRENDAN CRUMLISH: It is in the video but not in the packet because we haven t decided that yet. ROLAND KLOCKOW: If that path is there, no disrespect to Mr. Harness, but walking on the road is a safety issue. There are no sidewalks now on Mayflower. ADAM DEVON: Is there any way to find out? Is there any future possibility to widen that road? ANGELA SMITH: The County Engineer did comment that there may be some improvements required to the intersection and road when the site develops. OLIVER DAVIS: There are no truck signs out there but there is regular truck traffic? DAN BREWER: They go up to Adams Road. ROBERT HAWLEY: You had mentioned lighting. Had you considered individual coach lights for each unit? BRENDAN CRUMLISH: That is a very strong probability. ROBERT HAWLEY: Good. LARRY MAGLIOZZI: We were doing some rough measurements here while you were talking, specifically about the setback on Mayflower Road. It looks like the only unit that may be violating the 75 foot setback is the triplex at the very north end. Is it possible to do some shifting of that building, maybe closer to the cul-de-sac and maybe swing it a little further around the culde-sac, to meet the 75 feet? BRENDAN CRUMLISH: That is a possibility. We might have to look at the separation of the units at 35 feet. We were trying to keep the 35 foot separation between units. OLIVER DAVIS: Your rational for that thought is? LARRY MAGLIOZZI: Usually when we look at variances, there is a way to avoid a variance that is not caused by some other structural. You should design your structure to meet the JUNE 20, 2017 AREA PLAN COMMISSION 7

8 development standards. That is why I asked the question, to get a response on whether or not fine tuning this, if they could actually do it. BRENDAN CRUMLISH: It would be the lesser of the two variances probably. We would wind up with a variance request for the proximity of the two triplexes. DAN BREWER: There are two or just one? BRENDAN CRUMLISH: There are three around the cul-de-sac. If we took the one in the upper left and say rotated it 45 degrees or something, we would just be pinching those together. DAN BREWER: Gotcha. OLIVER DAVIS: When we get to the variance section, I agree with Larry s comments on the variances. LARRY MAGLIOZZI: Our recommendation still stands, I just asked a question so we had complete information. DAN BREWER: I think it is a minimal variance request on the small part of the project. It doesn t seem to me that it will make that much of a difference. There is also a row of trees serving as a buffer. It doesn t seem to me that it will make much difference. After due consideration, the following action was taken: Upon a motion by John DeLee, being seconded by Debra Davis and unanimously carried, a proposed ordinance of Holy Trinity Evangelical Lutheran Church to zone from R: Single Family District to R-2: Residential District, property located at Mayflower Road, St. Joseph County, is sent to the County Council with a FAVORABLE recommendation. Rezoning this property to R-2: Residential District will allow for a residential development that utilizes duplexes and triplexes to provide a variety of housing options. The proposed Two and Three family dwelling units will fit well into the neighborhood. Upon a motion by John DeLee, being seconded by Adam Devon and carried, the following variance(s) 1) from the required 75' front yard and building setback to 60' from the centerline of Mayflower Road; 2) from the required 40' rear yard and building setback to 20' for buildings and 5' for drive aisles; 3) from the required landscaping to the landscaping as shown on the site plan; and 4) from the required maximum 20% building coverage to 30%, property located at Mayflower Road, St. Joseph County, were approved subject to the rezoning being approved by the St. Joseph County Council. B A combined public hearing on a proposed ordinance of PBS Properties, LLC to zone from GB General Business District to MU Mixed Use District and seeking the following two variance(s): 1) from the required landscaping of required perimeter yards to none; and 2) from required minimum 30 off-street parking spaces to 0, property located at 3015 W. Western Avenue, City of South Bend - APC# JUNE 20, 2017 AREA PLAN COMMISSION 8

9 DAVID M. STANTON, JR.: The petitioner is requesting a zone change from GB General Business District to MU Mixed District and seeking 2 variances from the development standards. On site is a retail establishment. To the north is a single-family home zoned SF2 Single Family and Two Family District. To the east is a retail store zoned GB General Business District. To the south across Western Avenue are retail establishments, zoned MU Mixed Use District. To the west is a retail store, zoned MU Mixed Use District. The MU Mixed Use District is established to promote the development of a dense urban village environment. The regulations are intended to encourage all the elements of a traditional urban village, including: storefront retail; professional offices; and, dwelling units located either in townhouse developments or in the upper stories of mixed-use buildings. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and, maintain an appropriate pedestrian scale, massing and relationship between buildings and structures within the district. The site plan includes an existing 2 story retail building situated near the middle of the block. Only a portion of the building, approximately 4,500 square foot footprint, is proposed to be rezoned. The remainder of the building will continue to be zoned GB General Business. A shared parking area is located to the east of the site. The site has been previously zoned GB General Business District. Western Avenue has 2 lanes with a center turn lane and on-street parking. The site is served by municipal water and sewer. The City Engineer recommends approval subject to review and approval of utility verifications, sidewalks, lighting, and overall improvements to the site. Development of the site requires City approval of a Drainage Plan and meets the requirement to store all runoff from developed areas on site, along with compliance with the City s Downspout Disconnection Program. The Department of Community Investment is supportive of the request. Mixed Use Zoning permits the proposed use and leaves open options of use on the second floor of the building for retail, office, or residential space. MU zoning would also inhibit fewer and smaller variances for the site, such as setbacks and foundation landscaping. Zoning to MU would be most consistent with the West Side Main Streets Plan vision for a mixed-use neighborhood center in this stretch of Western Avenue (west of Olive node). The petitioner is not proposing any written commitments. The Petition is consistent with the West Side Main Streets Plan (2014): Create Destinations and Focus Retail into Nodes rather than Strip Development; and City Plan, South Bend Comprehensive Plan (November 2006), LU 2.2: Pursue a mix of land use along major corridors and other locations identified on the Future Land Use Map. The Future Land Use Map identifies this as a Mixed Use Node. There are no other plans in effect for this area. Western Avenue between the Olive Street node and Kentucky Street is a neighborhood of commercial, mixed use and residential uses. The most desirable use is one that is compatible with the mixed use and commercial nature of the Western Avenue Corridor. Due to the existing nature of neighboring Mixed Use development and the commercial nature of Western Avenue, the surrounding property values should not be adversely affected. It is responsible development and growth to allow for the reuse of the commercial structure for a less intense use. The staff has no additional comments. Based on the information available prior to the public hearing, the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Rezoning this site to MU Mixed use will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. DAN BREWER: What are the parking standards for General Business District? JUNE 20, 2017 AREA PLAN COMMISSION 9

10 ANGELA SMITH: They are based on the use. So for a retail use it is three and a half per 1,000 square feet. DAN BREWER: So this property is violating that? ANGELA SMITH: Correct. Most of the properties that have a street front along the corridor utilize on street parking. This is a section of Western that was improved with city streetscape improvements so they did some striping of parking in the front, and the petitioner had mentioned they are working on a small parking lot on the east side of the property. DAN BREWER: So they need a variance? ANGELA SMITH: Correct. When you rezone you have to bring the entire site up to code. DAN BREWER: Does the 30 number refer to the entire building or just this site? ANGELA SMITH: Just the portion being rezoned. This is strictly looking at the potential square footage for half of this building and figuring out the worst case scenario. CIERA EWING: I am the owner of 3015 Western along with Richard Brooks. We have decided to turn the retail store up here in this corner into a flea market. It is mostly home things with electronics. Just pretty much anything you can think of. Clothing, kids items, just everything we can think of. We decided to do that, but when we went into the City, of course, is when we learned everything that is going on with the zoning. We figured it would be a plus side for Western to have it rezoned to MU Mixed Use District because everything on Western is already MU. ROBERT HAWLEY: Did you say this is going to be a flea market? CIERA EWING: Yes. ROBERT HAWLEY: How do you gather the product? CIERA EWING: We order online from a site called Quantom Commodities. It is like bidding wars. We bid on truckloads with merchandise in them. We get the manifest and we decide from that manifest if we want to order that truckload. We pay for it and then they send it to us. We own twelve acres of land off of Mayflower too. ROBERT HAWLEY: You bring the product there and then resell it? CIERA EWING: Yes. IN FAVOR GEORGE BANNER: I am a real estate broker for 30 years. I actually sold the Brook s and Ciera their properties out on Fillmore and so on. They also are running some additional business s. That is how I got to know them. I am attempting to assist them in getting the zoning. Myself, I didn t understand why we needed to change the zoning, but to make it conform with everything else. They do own the parking lot on the end of that building so there is some additional off street parking and, of course, the City has just re-done a very large portion of JUNE 20, 2017 AREA PLAN COMMISSION 10

11 Western to facilitate short term parking for people to go in and make a retail purchase. Myself, I think it is an excellent use for that building. They already have all the product and the only thing that is keeping them from opening the doors is for you to go ahead and give them the green light. It is a good use. They are planning in the future of re-doing the whole face of that building and I have assisted them with petitioning the City to make that work. Until that building is open and producing, obviously they are not going to have the funds to put into phase two. MICHAEL DIVITA: I am a Planner with Community and Economic Development. Offices located on the 14 th floor of the County City Building. I am here to speak in favor of this rezoning and the associated variances. Rezoning this property to MU supports the community s desires as expressed through the West Side Main Streets Plan for a vibrant, walkable neighborhood center of mixed-use buildings close to the street. As Staff has outlined, granting of the variances will not adversely affect nearby properties, and it will be consistent both with other nearby properties and plan principles. Use of the available on-street spaces for parking will add to traffic calming and pedestrian presence on the street. These approvals will permit the reuse of a long established building and will further the accelerating revitalization of this portion of Western Avenue. REMONSTRANCE There was no one present to speak in remonstrance of this petition. JOHN DELEE: It sounds to me like a very good development for Western Avenue and will help it. After due consideration, the following action was taken: Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, a proposed ordinance of PBS Properties, LLC to zone from GB General Business District to MU Mixed Use District, property located at 3015 W. Western Avenue, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation. Rezoning this site to MU Mixed use will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. Upon a motion by John DeLee, being seconded by Oliver Davis and unanimously carried, the following variance(s) 1) from the required landscaping of required perimeter yards to none; and 2) from required minimum 30 off-street parking spaces to 0 property located at 3015 W. Western Avenue, City of South Bend, were approved subject to the rezoning being approved by the Common Council of the City of South Bend. F. A proposed ordinance initiated by the Area Plan Commission of St. Joseph County, Indiana, on behalf of the Town of Lakeville, repealing and replacing the following provisions of the Zoning Ordinance for the Town of Lakeville, namely Title 8, Articles 1-6, adopted as ordinance No , including all subsequent amendments, and replacing it with Articles 1-17 and the inclusion of new zoning maps, all of which shall be entitled Town of Lakeville Zoning Ordinance AS TABLED - APC# JUNE 20, 2017 AREA PLAN COMMISSION 11

12 ANGELA SMITH: The Area Plan Commission on behalf of the Town of Lakeville, is proposing an Ordinance to repeal and replace the Town of Lakeville Zoning Ordinance and Zoning Map. The current Lakeville Zoning Ordinance was adopted in Since then, it has been amended a number of times to reflect the changing land use needs and changes to state law. Staff has worked closely with the Town to develop a comprehensive update that is more consistent with prevailing land use trends and development standards. The proposed ordinance consists of 6 districts: R1 Single Family District, R2 Multi-Family District, OB Office Buffer District, TC Town Center District, C Commercial District, and GI General Industrial District. Due to the revised approach to more generalized uses which are more prevalent throughout the districts, a PUD District has not been established at this time. The district regulations focus on the character of the district and impact on surrounding uses, putting a stronger emphasis on existing setbacks and proper buffering. The OB Office Buffer District was created to provide a buffer between higher impact districts and single-family neighborhoods. The TC Town Center District recognizes the unique character of the original town center with emphasis on pedestrian oriented design and a stronger interaction with the street. The proposed ordinance adds landscape provisions and lighting standards. It also updates the parking and loading regulations to common best practices for small towns. All other sections of the ordinance have been updated to current standards and is streamlined for ease of use. The following corrections or changes have been made since the Ordinance was initially advertised: * The effective date of the ordinance was updated to reflect the new adoption schedule; * Additional clarification was added to Section 3.07 noting that "expansion" of non-conforming use means exterior expansion; * The word "nonbearing" was removed from Section 3.10; * Changed the title of Section 4 from "Zoning Districts" to "District Regulations"; * Removed mansard roofs from prohibited building designs; * Added Automotive Uses as a Special Exception Use in the TC Town Center District; * Added or clarified various definitions to provide consistency within the Ordinance; * Corrected various typographical errors or citation errors throughout the Ordinance; * Minor formatting adjustments throughout the Ordinance. The Zoning Map has been updated to include properties recently annexed into the Town, updated one parcel to OB Office-Buffer District; and updated 4 properties to R2 Multifamily District to reflect the current use. Based on information available prior to the public hearing, the staff recommends that the ordinance be sent to the Town of Lakeville Town Council with a favorable recommendation. The proposed ordinance updates and streamlines the zoning ordinance that was adopted by the town in The updated ordinance incorporates regulations such as landscaping and lighting not previously in the ordinance, while updating the existing regulations to meet current standards consistent with surrounding communities. DAN BREWER: I see that you restored mansard roofs? ANGELA SMITH: Yes. They were listed as a prohibited building style within their town, based on some previously adopted architectural standards. Then as we further discussed it we put it back in, so it is no longer prohibited. IN FAVOR SHIRLEY RYNEARSON: I am the Deputy Clerk for the Town of Lakeville. I just want to JUNE 20, 2017 AREA PLAN COMMISSION 12

13 thank Area Plan first. They have worked with us for two and a half years on this project and we could not have done it without them. Seriously, two meetings a month, sometimes two to three hours that we would dedicate. We had a group of us that is called the Lazor Committee, which was the Lakeville Ordinance Committee. The Committee consisted of one Town Council member, we had the head of the RDC, the head of EDC, we had the Fire Chief, Police Chief. Since October we had our Town Manager, myself and the Park Department were involved in these Committee meetings. We had quite a cross section of people that were coming in. The Park s Department person is a big business owner in town. He stepped aside from that position in February of this year. So he was here for the bulk of the committee meetings. Just a couple of highlights. We wanted to be sure that a lot of the work that we do, we just had $700,000 streetscape project in the Town Center section that you see. That is promoting a walkable Town. We are trying to bring it back to the standards that we had before the highway was running through. We are trying to get store fronts back in there. We are trying to make sure that people can use the sidewalk. We are working towards a viable downtown. Everything we are doing, we are trying to work toward what you call creative place making. The wetland project ties right off this new section where you see the larger green section off to the left of your screen (pointing to the powerpoint). That is a ten acres parcel of wetlands. We are looking to be able to develop something that is going to help those downtown businesses come back in pride. REMONSTRANCE VIOLA WOODS: (Did not sign the sign in sheet or state address). I own several properties in Lakeville. I am here to speak against the ordinance as it is currently drafted in a small way. I would ask that this Commission only recommend approval of this ordinance if the changes that are indicated on page one of the handout are made. There are two changes. 1) That all dwelling types.all my comments are to do with this new Town Center. We have never had it before, it has always been commercial everything in there was zoned commercial which allowed multi family use, single-family use, business. This new Town Center does not allow dwellings, unless there is a non-residential use. Also, Ms. Smith mentioned that there are a couple of gas stations, there are actually four. So I am asking, and I don t own any of them, that the automotive uses remain as they have for about 100 years as a permitted use. The reason this is important on pages two and three of your handout, list every single building in this Town Center. I have listed every one, there are forty. I didn t list the governmental ones, the Post Office, the Library, the Town Hall. There are forty privately owned buildings. If these two changes are not made, on the effective date of this ordinance, twenty-three of the forty buildings will overnight become non-conforming. I heard Ms. Smith say in her introduction that one goal was to reduce as many non-conforming uses as possible. That won t work. Twenty-three of forty is 58% of the existing buildings in this new Town Center will be non-conforming. If these two changes are made you allow dwellings of any type and automotive use, then only 10% overnight will become nonconforming. I know your panel knows all about non-conforming and what it means, but just briefly the next pages four and five are excerpts from the code. Paragraph 301 the intent of this ordinance is to permit legally established non-conforming buildings but not to encourage their survival. This ordinance does not want to encourage the survival of 58% of the buildings in this district? The next page says 303 incompatibility legally establish non-conforming uses are declared to be incompatible with permitted uses. So you have 58% incompatible declared non- JUNE 20, 2017 AREA PLAN COMMISSION 13

14 conforming because you got 33%. Shouldn t it be the other way around? You got 58% of the majority are declared to be incompatible with the remaining 33%. I am not opposed at all to Lakeville being vibrant. I grew up there. I remember. I am older than any of these people. I remember when it was vibrant. We have what we have. We are barely breathing. The investors in Lakeville are barely breathing. Nobody on the committee invested a nickel in this Town Center. The Town Council member, she works very hard, she has the restaurant her mom started. She is a hard worker. Her restaurant is great. No one else has a penny or an hour worked in this Town Center. Those of us who do, we pay taxes, we pay water and sewer, if we are encouraged not to survive what is going to happen to those buildings? The Staff Report states the middle paragraph the Town District recognizes the unique character of the original Town Center. That s not really true. It recognizes it as a way to destroy it because if you also look at page 7, the intent stated for this district, is to encourage a traditional Town Center. For want of a better example, why don t we encourage the traditional Lakeville Town Center? The rest of this is photos from the history of Lakeville. Going back to the Staff Report, no one could disagree with these intents. The intent it says here that the staff worked closely with the Town to develop a Comprehensive update that is more consistent with prevailing land use trends. Trends where? The trend in Lakeville is emptiness. The trend in Lakeville is business leaving. My husband, now deceased, and I beginning in 2001 when I moved back to Lakeville after leaving for a long time, we bought a few buildings. If we hadn t they were all dilapidated, they all were empty. We did not buy buildings and kick out businesses. We bought empty dilapidated buildings usually after a long time hoping that after a long time hoping someone else would. The first building I bought, I bought to put in my law office. I didn t want that stretch to become dilapidated. We hope that someone else would buy them, we put on all new roofs, we put on siding we put in new windows and we filled them with people and businesses. I have personally incorporated five businesses. They are no longer there. I did what I could, some of them tried real hard, some didn t. I started two business of my own. There is no traffic in Lakeville with or without the highway. We were all hoping without the highway then would be more traffic. We are still hoping. The business community is working hard, but they are non-conforming now. 58% will be non-conforming. This idea stated on page 7 introduction to the new district says it is the intent to encourage a traditional town center? A traditional Town Center. Photos from this book, Jeanie Geyer wrote this book turn of the century to celebrate the bi-centennial, eight of the buildings that overnight will become non-conforming are photographed in this book. Three of the automotive uses are in here. By the way the cover of this book is a round barn in Union Township. It is my grandfather s round barn. My father grew up here. I grew up here. I am all for Lakeville. I have a lot to gain if Lakeville becomes vibrant. I have no motive to keep Lakeville from becoming vibrant. I do not see how turning 58% of these existing buildings nonconforming overnight is going to make Lakeville vibrant. I asked one of the committee members the trend that you are working for, what was your model? The answer was Eddy Street Commons. A couple blocks away from 1,400 of upper middle class wealthy people. Student body, professors. It is not Lakeville. Lakeville is less than 1,000 people, not even adults. Many below the poverty line. It is true, if I had my choice that is what I incubated five business of other people tried two of my own. I wanted business s in Lakeville, but if I can t get a business to come and pay rent and be attractive, then I put a person there. I put people in and I guess that is their complaint. When I bought these buildings I didn t kick out businesses they were empty. On page 10 you see a photo of John Frick s Mobile Station July Well, that meets the JUNE 20, 2017 AREA PLAN COMMISSION 14

15 definition of traditional. The Downtown Historical Core of Lakeville. 1940, that garage is still there. It is called Dave s Mobile Garage. It is a very important meeting place in Lakeville. If you have time to hangout and talk about the world, go to Dave s garage, it always has food, there is always comfy chairs. That Pegasus that is flying on this building in the picture is still there today. He will become non-conforming overnight if you don t make these two changes. What is really doubly ridiculous to me about this example is Dave Grenert and his new protege should be a poster. He has a 23 year old wanting to take over that business he is good at mechanics, Dave wants to give him the business, they have an agreement about a certain amount of time and then when this guy is ready, Dave is going to retire. We should be making an example of Dave s Garage. He found a 23 year old to take over his business. Instead, overnight, we are going to say ok, you have been there since 1940, you have a 23 year old, we are going to call you nonconforming. REBUTTAL ANGELA SMITH: We appreciate the concerns. They have been discussed in length with the Lazor Committee. Part of why we delayed this is to discuss these concerns with them and why we added automotive use to the special exceptions. None of the overnight non-conforming uses are going to have to go away. They are all allowed to continue to operate unless it sits vacant for more than 12 months, except for the single-family, they have no expiration. The majority of the ones Mrs. Woods highlighted on the page, those are allowed to continue with no expiration date. They are totally protected. The multi-family that does not have a ground floor retail they would be allowed as a special exception. OLIVER DAVIS: So these have already been explained basically to the Lazor Committee? This is not new, you have had this discussion? ANGELA SMITH: Yes. OLIVER DAVIS: The issues that we had outlined here you were already aware of? ANGELA SMITH: Yes. We were aware of it going into it. Like I mentioned a couple of the automotive uses were an issue ROBERT HAWLEY: Were these meetings open to the public? ANGELA SMITH: I don t know if the Lazor Committee meetings were ever advertised. They were never closed off. We did have two meetings at the Town Hall, in front of the Town Board; one in December and one prior to that. The one in December was after the draft was fairly well done and we were getting ready to go forward with the general concepts and everything was finalized into actual text. I met with the Town initially before we initiated the ordinance. We initiated it and they gave it first reading. I attended that Council meeting. I know Mrs. Woods was trying to organize a meeting with business but that never happened. DAN BREWER: Were there members of the Town Council on the Lazor? JUNE 20, 2017 AREA PLAN COMMISSION 15

16 ANGELA SMITH: One member of the Town Council is on the Lazor Committee. JOHN DELEE: It does put 58% of the building owners in a poor position, that is if they ever want to expand, they can t. ANGELA SMITH: A majority of those are single-family and those can expand. After due consideration, the following action was taken: Upon a motion by Elizabeth Maradik, being seconded by Oliver Davis and unanimously carried, a proposed ordinance initiated by the Area Plan Commission of St. Joseph County, Indiana, on behalf of the Town of Lakeville, repealing and replacing the following provisions of the Zoning Ordinance for the Town of Lakeville, namely Title 8, Articles 1-6, adopted as ordinance No , including all subsequent amendments, and replacing it with Articles 1-17 and the inclusion of new zoning maps, all of which shall be entitled Town of Lakeville Zoning Ordinance. The proposed ordinance updates and streamlines the zoning ordinance that was adopted by the town in The updated ordinance incorporates regulations such as landscaping and lighting not previously in the ordinance, while updating the existing regulations to meet current standards consistent with surrounding communities. ITEMS NOT REQUIRING A PUBLIC HEARING 1. Miscellaneous: A. Findings of Facts for granting of Variances for property located at 1237 & 1303 N. Ironwood Drive, City of South Bend APC # After due consideration, the following action was taken: Upon a motion by Oliver Davis, being seconded by Robert Hawley and unanimously carried, the Findings of Facts for granting of Variances for property located at 1237 & 1303 N. Ironwood Drive, City of South Bend were approved. B. Findings of Facts for granting of Variances for property located north of Ireland Road between Lafayette Boulevard and Main Street, City of South Bend APC # After due consideration, the following action was taken: Upon a motion by Oliver Davis, being seconded by Robert Hawley and unanimously carried, the Findings of Facts for granting of Variances for property located north of Ireland Road between Lafayette Boulevard and Main Street, City of South Bend were approved. C. Presentation by Leah Thill Potential barriers to Solar Energy Development in the Zoning Code. JUNE 20, 2017 AREA PLAN COMMISSION 16

17 LARRY MAGLIOZZI: Leah Thill is a temporary staff member of MACOG. She will explain to you why she was placed with MACOG. She has worked diligently in helping the City of South Bend develop a Solar Ordinance. LEAH THILL: I am excited to be here and I will keep it brief. I work with MACOG to support three communities, Goshen, Nappanee and South Bend to help them become designated as solar friendly through the Department of Energy Sole Smart Program funded by the Sunshot Initiative. The reason I am here to talk today is because currently solar is not mentioned in the zoning code for the City of South Bend. The best practice is to clarify that and communicate how the zoning code should be interpreted for solar energy projects and that the lack of guidance could create the lack of guidance could create confusion and additional complexity and a burden for both city staff and for developers and homeowners who are trying to go solar. That s the best practice there. I went to highlight that contrary to what most people including myself would of believed about Northern Indiana, we have enough sun, we have more sun than Germany. The City of South Bend has been thinking a lot more about solar because as the costs have come down, there has been a rapid expansion in solar energy systems in the State of Indiana and in Northern Indiana. You can see here South Bend is in the upper left hand corner (pointing to the powerpoint). This is before and after over the last six years and we have seen an uptick in systems as well. Because of that MACOG applied for a grant to get assistance in this topic area. South Bend is very close to being designated. Goshen and Nappanee will beat South Bend, but South Bend has been working on this for five months. I will be here through the end of July at least to work on this project, but we are very close to wrapping up most of the things we have been working on. Besides Nappanee and Goshen, Indianapolis is the only one in the State of Indiana to be designated, however there are more than 60 communities in the United States that have already been designated over the last year. The Sole Smart Program focuses on addressing soft costs that is anything that is not hardware. Where this comes in is zoning barriers that could be requirements for variances or special exceptions, but that could also be just a lack of understanding and how to interpret the existing code. Local Governments are uniquely positioned to influence these soft costs. I think generally energy conversations tend to happen at the federal or state level but there are a lot of opportunities at the local level to get involved in implementation here. The reason the Sole Smart Program is really focused on soft costs; 1) cost is the biggest barrier to solar energy deployment; 2) The U.S. has this huge premium on soft cost. Hardware cost is similar but because the market is not as developed and there are more barriers. Just a brief discussion on why to include solar in the zoning code. As I have been saying it reduces uncertainty, you clarify the restrictions, it is more transparent and decisions don t appear arbitrary. There is something to point to from the administrative prospective. From a time perspective it helps homeowners, contractors and others to avoid misinterpreting the code and then doing multiple cycles of redesigning and pulling permits that type of thing. Because we have seen systems increase in the last several years, we may expect that trend to continue so by clarifying that up front and having the public involved in crafting that that is an opportunity as well. The last one is to balance safety with efficiency of the local processes. So keeping in mind protecting the character of a given neighborhood. I wanted to highlight a few best practices here JUNE 20, 2017 AREA PLAN COMMISSION 17