07-12-10 Common Council Meeting Minutes

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REGULAR MEETING JULY 12, 2010 Councilmember Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee met this afternoon on this bill and sends it to the Council with no recommendation due to a lack of a quorum. th Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, South Bend, Indiana, presented the report from the Area Plan Commission. Mr. Spier advised that the petitioner is seeking a zone change from LI Light Industrial District to GI General Industrial District to allow a wrecker service. On site is an existing two-story warehouse structure and one outbuilding. To the north is a heat treating and brazing processing company zoned LI Light Industrial District. To the east is a vacant lot and a tile contractor zoned LI Light Industrial District. To the south is the Penn Central rail line. To the west is an excavating and demolition contractor zoned LI Light Industrial District. The total area is approximately 2.3 acres. The existing buildings cover approximately 17,030 square feet or 17% of the site. Eight parking spaces are provided and together with the other paved parking areas cover 2,000 square foot or 2% of the site. The remaining 81% of the site is open space consisting of vegetated landscaped areas, outdoor storage areas, and a proposed storm water retention basin. Variances were granted by the Board of Zoning Appeals for reduced front and side yard setbacks for the existing buildings and from all required landscaping. Slats will be added to the existing chain link fence. According to agencies historical zoning maps, the property was zoned D Light Industrial prior to the 2004 update of the City Zoning Ordinance. The 1966 aerial shows this site and the property to the west as being industrial or vacant while the properties to the north and east were largely residential. However, between 1971 and 1986, all the adjacent properties were converted to industrial uses as apart of the Monroe Park Industrial Park development. The existing structures have been located upon this site since approximately 1945. The Department of Community and Economic Development referred this site to the petitioner as a possible location for relocating Bestway Towing from its current site at 1530 South Walnut Street. This recommendation was made after the petitioner sought to relocate to 1313 Prairie Street, which is located immediately to the west of the Ignition Park development site. Therefore, the Department of Community & Economic Development recommends in favor of the rezoning subject to the provisions of adequate screening. Type B landscaping is recommended, at a minimum, along both Rush Street and Fellows Street. He noted that the County Surveyor, County/City Building Department and City Engineering Department had no comment. The most desirable use for the site is industrial since it lies within the Monroe Industrial Park, an area consisting of primarily light industrial and manufacturing uses. Even though the intended use and proposed GI General Industrial District zoning classification allows for more intensive uses, the proposed wrecker and towing service is not out of character with the area and adjacent uses. The rezoning will allow an adaptive reuse of a prior industrial property and will assist in establishing a productive use for an underdeveloped property. Although the proposed use is more intense than those allowed in the current LI Light Industrial District, a wrecker and towing business will not be out of character with the existing adjacent uses. The prior use of the site included a large amount of outdoor storage similar to amount of outdoor storage being proposed. The nearest residential uses are located north of Bronson Street and are buffered from the site by less intense light industrial uses. The Area Plan Commission held a public hearing on June 15, 2010 and sends this bill to the Council with a favorable recommendation. Mr. David Mirkin, Attorney at Law, 112 W. Jefferson Blvd., South Bend, Indiana, made the presentation for this bill on behalf of his client Mr. Todd Stul, the contingent purchaser. He stated that the purpose of this rezoning is to comply with the requirements of the applicable zoning ordinance. When one wishes to have a towing business, it is referred to as a wrecker service under the current zoning ordinance. To get a wrecker service, you have to have it in an area that is zoned for heavy industrial use not the light industrial use that it currently has. He stated that the will be back tonight a little later in the agenda to get the special exception that is also required. He stated that his client’s business is Bestway Towing. He noted that this is not a company that tows wrecked vehicles and stores them for large periods of time on the lot until the parts are sold off like a junk yard. This company tows for the City of South Bend when called that it has a 3