04-12-10 Common Council Meeting Minutes

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REGULAR MEETING APRIL 12, 2010 At 7:08 p.m. Councilmember Rouse made a motion to resolve into the Committee of the Whole. Councilmember White seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Puzzello, Chairperson, presiding. Councilmember Puzzello 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 Puzzello stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 13-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2301 MIAMI STREET, INCLUDING ADDRESSES 2303 MIAMI STREET, 1026 AND 1034 E. EWING AVENUE WITHIN SAID BUILDING, COUNCILMANIC DISTRICT THREE (3) IN THE CITY OF SOUTH BEND, INDIANA Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee, reported that this Committee met this afternoon and it was the consensus of the Committee to send this bill to the full Council with a favorable recommendation. th Ms. Christa Nayder, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Ms. Nayder advised that the petitioner is requesting a zone change from MU Mixed Use District to LB Local Business District to allow an aquarium shop (pet store) and all other uses allowed under the Local Business Zoning classification. She stated that on site is a multi-tenant building. Current tenants are Upscale Trends and Bead Creative. To the north is the Tutt Branch of the St. Joseph County Public Library zoned MU Mixed Use District and SF2 Single Family and Two Family District. To the east is a liquor store zoned LB Local Business District. To the south is a fabric store zoned MU Mixed Use District. To the west are single family homes zoned SF2 Single Family and Two Family District. Ms. Nayder further noted that there are two plans for the Miami Street Corridor. The Miami Street Commercial Corridor Revitalization Action Plan (2000), and an informal 2007 future land use plan for Miami Street that recommends that the 2301 Miami parcel be used for low-intensity commercial and/or residential use with minimal setbacks. She stated that the City Engineer stated the parking area must have storm water retention. The parking area and alley must be paved to the south property line. Parking spaces must be outside of right of way. She stated that the most desirable use and past uses of the building have been service and small retail, which should continue. It is the staff’s opinion that the surrounding property values should not be adversely affected. She noted that allowing local business zoning will open up the number of uses allowed at this site. The site is too small to support the more intense uses of Local Business that may be objectionable to the neighborhood. Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. Rezoning to Local Business will support a wider variety of businesses beneficial to the neighborhood, and allow the adaptive re-use of the older commercial space, furthering the reinvestment in the existing building and neighborhood. She stated that the Commission held a public hearing on this bill on Tuesday, March 16, 2010 and sends it to the Common Council with a favorable recommendation. Ms. Ocie Brazier, 1345 Clayton Drive, South Bend, Indiana, made the presentation for this bill. Ms. Brazier stated that the rezoning is requested to allow for an aquarium shop; because it is considered a pet shop it needs to be rezoned from MU Mixed Use District to LB Local Business District. 3