09-28-15 Common Council Meeting Minutes

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REGULAR MEETING September 28, 2015 REPORTS OF CITY OFFICES There were no city reports from City Office RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:31 p.m. Council President Tim Scott requested a motion to resolve into the Committee of the Whole. So moved by Councilmember Oliver Davis. Councilmember Henry Davis Jr. seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember White, Chairperson, presiding. Councilmember White explained the procedures to be followed for tonight’s meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. Councilmember White stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS 34-15 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND, INDIANA AND AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED IN PORTAGE TOWNSHIP Committee of the Whole Chairperson White requested additional comments from the Council Attorney. Council Attorney Cekanski-Farrand recommended a motion to hear the substitute bill 34-15 and that the bill be continued. Committee of the Whole Chairperson White requested a motion to hear the substitute version of the bill. Councilmember Valerie Schey made a motion to hear the substitute version of Bill 34-15. Councilmember Gavin Ferlic seconded the motion which carried by a voice vote of seven (7) ayes Councilmember Oliver Davis Chairperson, Zoning & Annexation Committee, reported that they met this afternoon on this bill and due to a lack of quorum there is no recommendation. Presenter: Matthew Chappuies, of Area Plan: Offices on the 11th Floor: This is the Southwest corner of Western Avenue and Mayflower. This is the future home of the Martin’s grocery store. The petitioner is requesting a zone change from residential in the county as well as commercial in the county to CBA community business district within the City of South Bend and as part of a voluntary annexation. To the north of the site is a retail strip center zone commercial. To the south, east, and west is predominantly a residential area. (Presenter begins to use slideshow presentation) This is a view from the site from, I believe July looking west along Mayflower. This is a view of the site, looking down the now vacate Huron St. There on the right is Huron St. from the other direction. This is going east. The site is approximately 8.4 acres and does contain the existing Top Notch restaurant there on the Northeast corner of the site. The site will also contain a 40,000 sq. ft. grocery store near the center of the site. The store will be oriented toward Mayflower Rd, however it will access from both Mayflower and Hollywood. A retention basin is located in the southeast corner of the site and the southeast property line will be screened by type B heavy landscape screening. This type of screening is intended to create visual and sound barriers that will protect the neighborhood residents from the traffic and general use of the site. The west property line along Hollywood Blvd, here, will be screened by mature evergreen trees as well as a seven (7) foot ornamental screening fence. That is again to protect the neighborhood residents from the noise of trash collection as well as the deliveries that may occur at the rear of the site. This is a drive-thru lane, outdoor setting area on the south portion of the site. I believe that is intended for some sort of coffee shop. There were several variances that the company did. However, the staff worked with the developer at length to ensure the site would not be injurious to the neighborhood. As noted this is an amended bill. The original legal description has changed and I’ll let the petitioner explain why that happened. 3