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REGULAR MEETING JANUARY 22, 2007 <br />RESOLVE INTO THE COMMITTEE OF THE WHOLE <br />At 8:30 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the <br />Whole. Councilmember Dieter seconded the motion which carried by a voice vote of <br />nine (9) ayes. Councilmember White, presiding. <br />Councilmember White explained the procedures to be followed for tonight's meeting in <br />accordance with Article 1, Section 2- ll of the South Bend Municipal Code and that <br />pamphlets were available to the public, which outline the Council rules and procedures, <br />and are located on the railing in the Council Chambers. <br />PUBLIC HEARINGS <br />BILL NO. 66-06 PUBLIC HEARING ON A BILL OF THE <br />COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, ANNEXING TO AND <br />BRINGING WITHIN THE CITY LIMITS OF <br />SOUTH BEND, INDIANA, AND AMENDING <br />THE ZONING ORDINANCE FOR PROPERTY <br />LOCATED IN CLAY TOWNSHIP <br />CONTIGUOUS THEREWITH: <br />COUNCILMANIC DISTRICT #4, CARMINE & <br />MARIA MARTINO, SILVIO MARTINO & JOHN <br />ROY, NORTHWEST CORNER OF VANESS <br />STREET AND WILLIS AVENUE AND A <br />PARCEL ON THE WEST SIDE OF BURDETTE <br />STREET APPROXIMATELY 83 FEET NORTH <br />OF VANESS STREET, SOUTH BEND, INDIANA <br />Councilmember Puzzello made a motion to amend this bill. Councilmember Dieter <br />seconded the motion which carried by a voice vote of nine (9) ayes. <br />Councilmember Al "Buddy" Kirsits, Chairperson, Zoning & Annexation Committee, <br />reported that this committee held a meeting this afternoon and it was the consensus of the <br />committee to send this substitute bill to the full Council with a favorable <br />recommendation. <br />Council Attorney Kathleen Cekanski-Farrand read into the record the amendments: Take <br />out the extra Section IL; Add to Section IV., publication; and shall be subject to the Area <br />Plan Commission entering into a written commitment with the petitioner which <br />eliminates commercial and retail uses and limits ingress/egress onto Burdette Street from <br />the development. Council Attorney Kathleen Cekanski-Farrand further noted that if the <br />City Council were to go forward this evening by the amended version, by State Law, the <br />Ordinance would have to go back to the Area Plan Commission with a letter from <br />Councilmember Kirsits or Council President Rouse explaining the reason for the <br />amendment. The Area Plan Commission will then have sixty days to act. <br />Mr. Robert Nemeth, Staff Planner, Area Plan Commission, ll~ Floor County-City <br />Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the <br />Commission. <br />Mr. Nemeth advised that the petitioner is requesting a zone change from R Single Family <br />Residential District (County) to MU Mixed Use District (Parcel I) and MF1 Urban <br />Corridor Multifamily District (Parcel II) to allow athree-story condominium hotel <br />facility and single family attached residential villas. This is in conjunction with an <br />annexation into the City of South Bend and a special exception request from the Board of <br />Zoning Appeals to allow a hotel. On site are three single family houses and undeveloped <br />15 <br />