04-12-10 Common Council Meeting Minutes

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REGULAR MEETING APRIL 12, 2010 This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Mr. Kevin Bendit, 1009 Queensboro, Mishawaka, Indiana, spoke in favor of the bill. He stated that he the co-owner of the aquarium shop. He stated that it would be just fresh water fish and salt water fish. He asked the Council for their favorable recommendation. There was no one else present wishing to speak in favor or in opposition to this bill. Councilmember Varner made a motion for favorable recommendation to full Council concerning this bill as substituted. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. BILL NO. 14-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2411 SOUTH MAIN STREET SOUTH BEND, INDIANA 46614, COUNCILMANIC DISTRICT NO. 6, 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 LI Light Industrial to LB Local Business District to allow a retail store. On site is an existing building and parking area. To the north is a water conditioning business zoned Li Light Industrial District. To the east is a vacant office and bank parking lot zoned LB Local Business District, and an electric substation zoned LI Light Industrial District. To the south is the office of the Sheet Metal Workers Union zoned LI Light Industrial District. To the west are railroad tracks (unzoned). She stated that at one time, this was the site of a Kroger Store. There have been several rezoning petitions on this property. In 1969, it was rezoned from E Heavy Industrial to C Commercial for retail. In 1987, it was rezoned from C Commercial to C Commercial for retail uses/offices. In 1989, it was rezoned from C Commercial to D Light Industrial for a commercial and industrial mechanical contractor. Ms. Nayder stated that retail is a good use since it meets the objectives of City Plan and the South Gateway Commercial Corridor Action Plan. She noted that it is the staff’s opinion that nearby property values should not be adversely affected. The proposed development is a good example of adaptive reuse. Not only is the building currently vacant, but it is also retaining a local business by allowing that business to relocate and expanded into a larger space. She stated that the staff recommends that the petition be sent to the Council with a favorable recommendation. Ms. Nayder advised that the Area Plan Commission held a public hearing on this bill on Tuesday, March 16, 2010 and sends this bill to the Council with a favorable recommendation. Mr. Michael Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation on behalf of 2411 LLC and Wedgar, Inc. Mr. Danch advised that his clients are requesting the approval of a rezoning for property located at 2411 South Main Street. This rezoning would allow for the re-location of the Habitat for Humanity ReStore facility presently located on Sample Street. Mr. Danch advised that his clients believe that this new location will provide them with additional building square footage for the display items and ample parking for their patrons. The facility would fit well along this portion of Main Street with its existing mixed uses and nearby residential neighborhoods. He further noted that at the Corner of Main & Ewing Streets landscaping & trees will be added along the parking area. Mr. Danch advised that they will be working on restriping the parking area as well. 4