06/11/07 Council Meeting Minutes

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REGULAR MEETING JUNE 11, 2007 BILL NO. 10-07 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1914 MIAMI STREET, COUNCILMANIC DISTRICT 3, IN THE CITY OF SOUTH BEND, INDIANA Councilmember Pfeifer made a motion to hear the substitute version of this bill. Councilmember Dieter seconded the motion which carried by a voice vote of six (6) ayes. Councilmember Kuspa, Vice-Chair, Zoning & Annexation Committee, reported that this committee held a meeting this afternoon and it was the consensus of the committee to send this substitute bill to the full Council with a favorable recommendation. Mr. Mark Lyons, Staff Planner, Area Plan Commission, 11~` Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, presented the report from the Commission. Mr. Lyons advised that this is a rezoning at the northeast corner of Miami and Bowman. It is approximately 1/3 acre site with a vacant building zoned MU Mixed Use to GB General Business for automotive and gasoline sales. To the north is an office and house zoned MU Mixed Use District. To the east are single family homes zoned SF2 Single Family and Two Family District. To the south across Bowman Street is a church zoned MU Mixed Use District. To the west across Miami Street are businesses zoned MU Mixed Use District. The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. The site is approximately 0.352 acres. There is an existing 1,436 square feet building which covers 11 % of the site. Pavement covers 72% of the site. The remaining 17% of the site is open space. The site has two access points: one from Bowman Street and one from Miami Street. Type C landscaping is required along the eastern property line. Type C landscaping is four evergreen trees every 30 feet in a double staggered row. Miami Street and Bowman Street both have two lanes. The site will be served by existing city sewer and water. The City of South Bend City Plan Land Use policy LU 1.1: Pursue the development ofarea-specific plans with broad community involvement. The rezoning conflicts with the City Plan Land use policy. The Miami Street Commercial Corridor Revitalization Action Plan (2000) the corridor plan calls for the area to be a neighborhood center of convenience shopping and unique businesses with an area of improved physical appearance. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan. The site contains a vacant building and gas pumps with a canopy. The most desirable uses for the site would be mixed use or low intensity commercial. The surrounding mixed use property values may be conserved with the rezoning. The surrounding single family property values may not be conserved. It is not responsible development growth to allow intensive commercial uses within areas comprised of low intense uses. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. The rezoning conflicts with the Miami Street Commercial Corridor Revitalization Action Plan (2000), which recommends small-scale, pedestrian- orientedneighborhood businesses along Miami along Miami Street. The City Plan Future Land Use Map recommends this area for mixed use. Rezoning this property to GB General Business District to allow more intense commercial uses would not be consistent with the surrounding zoning or land uses. Amore appropriate location for GB General Business Districts is along major commercial corridors and thoroughfares. Mr. Edward Fisher, Fisher Land Surveying Services Inc., 303 East Third Street, P.O. Box 23, Mishawaka, Indiana, and Mr. Joe Grabill, 2410 N. Grape Road, Mishawaka, Indiana, made the presentation for this bill.