05-10-10 Common Council Meeting Minutes

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REGULAR MEETING MAY 10, 2010 located on the site, covering 33% of the site: 875 for retail, 150 for the residential care facility and 60 for the senior cottages. Lighting and sign standards will adhere to the City of South Bend Zoning Ordinance. Landscaping, parking and loading follow the format of the City of South Bend Zoning Ordinance, but with changes to the content. Mayflower Road is proposed to be re-aligned. A pedestrian/bicycle trail is being proposed to connect Cleveland road to Brick Road, and the residential component to the existing residential subdivision to the east. The larger portion of this property was annexed into the City in 1993. In 1994, the Area Plan Commission initiated a rezoning to D Industrial and BP Business Park for the property annexed. The parcel containing the barn was annexed into the City in 2001. A 2001 petition to rezone that property to BP Business Park expired due to lack of final site plan. Cleveland Road has four lanes with a center median. Mayflower Road has two lanes. Brick Road has two lanes. The re- aligned Mayflower Road will have two lanes. All buildings will be connected to City water and sewer facilities. The St. Joseph County Airport is opposed to the project, stating that the entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. The St. Joseph County Health department states that the proposed project is very near a community public water supply system. All of the PUD is within the 5 year time of travel (Zone 2) of the Wellhead Protection Area. Some of the proposed PUD, including the parking area of one retail/commercial facility is located within the 200 foot Zone 1 setback of the Wellhead Protection Area. The Health Department recommends approval subject to stipulations as to what is placed within the 200 foot Zone I setback of the Wellhead Protection Area. A subdivision will be required to dedicate the right-of-way and reassign easements. The petitioner has prohibited the construction of billboards within the P.U.D. City Plan, South Bend Comprehensive Plan, (November 2006) Objective LU 5.4: Consider the needs of the South Bend Regional Airport when planning for the future of surrounding neighborhoods. The entire development is within the Noise Sensitive Zone for Runway 18 at the South Bend Regional Airport. Objective PF 3.1: Ensure a clean and dependable water supply to meet the existing and future needs of the community. The proposed project is very near a community public water supply system. Objective 2.1.2: Improve bicycle and pedestrian safety on local streets by proving bike lanes, paths and pedestrian walkways. There are currently bike lanes on the north side of Cleveland Road. This development proposes extending the lanes to Brick Road and to the east. The future land use maps identify this area as LI Light Industrial. Michiana Regional Transportation Center Master Plan (Update 2000) the approach slope for the property in Appendix 2 approach north of Runway 18-36 is 34:1. When modifications are made to existing runway systems, aircraft noise is often the most obvious impact on a community. NOTE: Runway 18-36 was extended in 2007. There is an established neighborhood to the east and industrial uses to the west. There is limited residential to the north consisting of homes on larger lots fronting Brick and Mayflower Roads. The most desirable use is light industrial. The office uses originally contemplated by the property owner several years ago would also be suitable. Any development to the site may affect surrounding property values, although the location of the proposes uses will minimize any property value impact, especially to the existing homes to the east. With the recent rezoning of the property to the south for a commercial development including a hotel and restaurants, it is appropriate to allow the site to accommodate additional and compatible uses. Based on information available prior to the public hearing, the staff recommends the petition be sent to the Common Council with a favorable recommendation for the LB, CB and GB uses. Being in the Noise Sensitive Zone is not the best location for residential uses. City Plan recommends this property be Light Industrial. Therefore, the commercial portion can be supported to act as a buffer between the existing light industrial to the west and the existing residential to the north and east. Ms. Nayder advised that they did receive comments from the South Bend Airport Authority opposed to the project stating that the entire project is in the noise sensitive zone for runway 18 at the South Bend Regional Airport. Historic Preservation has identified the existing buildings on that site as notable. We received a letter opposing the residential component from a trucking company to the southwest. Mike Danch, President, Danch, Harner & Associates, 1643 Commerce Drive, South Bend, Indiana, made the presentation for this bill on behalf of the petitioner’s Brick Road LLC. 7