08-09-10 Common Council Meeting Minutes

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REGULAR MEETING AUGUST 9, 2010 PUBLIC HEARINGS BILL NO. 27-10 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED EAST OF AND ADJACENT TO 1847 LINCOLNWAY EAST, SOUTH BEND, INDIANA 46613, COUNCILMANIC DISTRICT NO. 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Al “Buddy” Kirsits, Chairperson, Zoning and Annexation Committee, reported that this committee held a Public Hearing on this substitute bill this afternoon and voted to send it to the full Council with a favorable recommendation. th Mr. Derek Spier, Staff Member, Area Plan Commission, 11 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Spier advised that the petitioner is requesting a zone change from GB General Business District to CB Community Business District to allow a financial institution with a drive-up window and ATM. On site is a vacant lot previously occupied by an automobile sales business. To the north is an apartment complex for IUSB students zoned U University District. To the east is a vacant lot and drugstore zoned GB General Business District. To the south across Lincolnway East is a fast food restaurant zoned CB Community Business District and a motorcycle sales business zoned GB General Business District. To the west is a fast food restaurant zoned CB Community Business District. He stated the site is approximately 1.53 acres and is proposed to include a one- story 3,995 square foot building covering 6% of the site. Fifty-four parking spaces will be provided and together with all other paved areas will cover 44,801 square fee or 67% of the site. The remaining 27% of the site will be open space consisting primarily of perimeter landscaping areas and interior landscape islands. A curb cut along Lincolnway East will continue to provide access to the site. Variances were approved by the Area Board of Zoning Appeals to not require foundation landscaping, a reduction in the required number of stacking spaces for both the drive-up window and ATM, and to not require perimeter landscaping along the east property line. The site has been zoned GB General Business District since 2004 when it was a part of the Don Medow automobile dealership. Don Medow vacated the premises in the spring of 2008 and the existing structure was razed. According to the 1966 aerials, this commercial/retail structure as located on this site for over 40 years. Prior to 2004, the site was zoned “C” Commercial, “E” Height and Area. He noted that Lincolnway East is a five land road including a center two-way left urn lane. The site will continue to be served with municipal sewer and water. Mr. Spier noted that the Building Department and County Surveyor have no comments and the Division of Engineering and Public Construction has no objections. He stated that the site is currently vacant consisting primarily of paved areas and sparse natural ground cover where the prior building once stood. Land uses along this section of the Lincoln Way corridor are mostly commercial and retail with student housing to the north. The site includes cross access to the adjacent properties to the west and east at the north end of the site and to the east at the south end of the site. The land to the east is anticipated to be developed as commercial, retail or service. The most desirable use of this site is higher intensity commercial since it is located adjacent to other intense commercial uses. Lincolnway, which is a major east-west thoroughfare, provides the proper access to this predominately automobile oriented commercial area. Surrounding property values should not be negatively affected since the proposed us is compatible with the adjacent commercial uses. The proposed use support responsible growth and development since it is located along an existing commercial corridor. This vacant and underutilized property has been commercial or retail for over 40 years. He stated that the Commission held a public hearing on July 20, 2010 and sends this bill to the Common Council with a favorable recommendation; in addition the staff also recommends that the petition be sent to the Common Council with a favorable recommendation. Mr. Spier advised that this rezoning will allow for a vacant and underutilized property to be used for a high intensity automobile oriented commercial use. Prior high intensity commercial 2